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HomeMy WebLinkAboutCORRESPONDENCE - GENERAL CORRESPONDENCE - RECREATION DIVISION GOLF ACADEMY OF NORTHERN COLORCITY OF FORT COLLINS — RECREATION DIVISION SERVICES AGREEMENT — BUSINESS THIS AGREEMENT, dated this 22 day of March 2 004 , is made and entered into by and between THE CITY OF FORT COLLINS, COLORADO, ("City"), a municipal corporation, and Golf Acade3lty of Northern Colorado hereinafter referred to as CONTRACTOR. WITNESSETH: The City hereby retains the services of the Contractor for the performance of the following services on a contractual basis: A. Key elements of the program: Basic fundamentals of grip, stance, posture, aim, swing basic rules andetiquette will be taught with an on —course 3—hole playing session. Range balls and golf clubs provided. Instructional video to B. Services provided by Contractor: Taught by certified PGA/LPGA instructors. 5-1 hour lessons. 4 sessions. C. Cost center: 6245 528170 and take home. D. Role of the City of Fort Collins: Print class information in Pathways, Recreator. Post information on City website. Handle participant registration. Pay Golf Academy. E. Program/project description: Ongoing golf lessons in the Spring andFall. 2. TERMS OF AGREEMENT. The term of this agreement is from March, 22 , 2004 until March, 22 .2 005 The City may terminate this Agreement without cause at any time. / CITY: City of Fort Collins, Colorado CONTRACTOR: 1; • a Al e 4 b Cln JP / � 1Pti� �N �t �•�'� Recreation Division 214 N. Howes Street Fort Collins, Colorado 80521 Cr s ' fv2 7 - /CFO 3. COMPENSATION. In consideration of the services actually rendered by the Contractor under this Agreement, the City agrees to pay the Contractor the sum of Sixty 00/10(bollars per class/session/hour/participant ($60.00 per class/session/hour/participant) not to exceed $ 14000.00 The Contractor shall maintain, and make available to the City upon request, a log of all hours worked under this Agreement. Neither the Contractor nor its officers, employees, or agents shall be entitled to compensation for overtime, nor will the City be responsible for withholding any portion of the Contractor's compensation for taxes, FICA, Workman's Compensation insurance, unemployment compensation insurance or any other benefits. The Contractor shall not assign any benefit or responsibility nor delegate any duty arising under this Agreement without the prior written consent of the City. 4. STATUS OF CONTRACTOR. The parties agree that the services rendered by the Contractor, its officers, employees and agents under this Agreement are those of an independent contractor and not an employee of the City. Accordingly, neither the Contractor nor anyone on its behalf is authorized in any manner whatsoever to bind or otherwise represent it/himself/herself as an agent of the City. The Personnel Policies and Procedures of the City do not apply to the Contractor, and the contractor, its officers, employees and agents receive no rights or benefits thereunder by reason of this Agreement. 5. OUTSIDE EMPLOYMENT. The Contractor may engage in any outside employment other than that provided for by this Agreement without prior approval by the City. 6, RELEASE AND INDEMNIFICATION. In consideration of the foregoing exchange of promises and in further consideration of the compensation to be paid to the Contractor under this Agreement, the Contractor, its officers, employees and agents hereby release the City, its employees, agents and assigns from any and all present and future liability, claims, causes of action, losses, costs or expenses of any kind whatsoever stemming from or in any way relating to the Contractor's performance under this Agreement. The contractor, its officers, employees and agents further specifically agree to hold the City harmless and indemnify the City against any claims, demands, liabilities or causes of action whatsoever brought by or on behalf of any third party for'damages, losses, costs, expenses or injuries sustained by any such third party arising from or in any way relating to the negligent acts or omissions of the Contractor, its officers, employees or agents in the performance of its obligations under this Agreement. The Contractor must provide comprehensive general liability insurance in the amount of $500,000.00 and provide a certificate of insurance listing the City of Fort Collins as an additional insured. 7. DEFAULT PERIOD. Each and every term and condition of this Agreement shall be deemed to be a material element hereof and, in the event of default by either party, the non -defaulting party shall be entitled to all rights and remedies at law and in equity, including, but limited to, the award of reasonable attorney's fees and costs incurred because of the default. 8. BINDING EFFECT/NO ASSIGNMENT/NO THIRD PARTY BENEFICIARY. This Agreement shall be binding upon the City and the Contractor, their legal representatives, successors and, assigns, if any, and shall not be assigned by either party without the written consent of the other party. This Agreement is made for the sole and exclusive benefit of the City and the Contractor, and is not made for the benefit of any third party. 9. The Contractor shall manage and conduct all activities and services hereunder in a fair, nondiscriminatory, professional, and competent manner, consistent with the requirements of the Americans with Disabilities Act, and Colorado and Fort Collins human rights laws, and otherwise in compliance with all applicable laws and to the reasonable satisfaction of the City. 10. This Agreement shall be governed by the laws of the State of Colorado, and the parties agree that venue for any action hereunder shall be in Larimer County, Colorado. 11. ENTIRE AGREEMENT. This writing constitutes the entire agreement between the parties hereto. 12. Contractor must initial if he/she agrees that pargo and phone number may be published or released to participants for use in relationship to the program/project described hereunto. AO (initial) 13. The undersigned Contractor warrants that he/she is legally competent to execute this Agreement. CONTRACTOR CITY OF FORT COLLINS, COLORADO ecreation Division Name: `eir CADE.i�Y CF /t/C��N+u L-at�.e.�a�7�N 1tir70�0 By: en er J. Vyan '3 �jti/Ott< Home Phone: ' Title: creation Assistant Work Phone: / 7e 02 (r /o - e,� g Fax: E-mail: .S�-kn 4 o r/ (P- tpt s'n Address: Ir ..,Af',�r .2 GDt t �., 3 G f0.5.27-/ %fin