HomeMy WebLinkAbout12- Archery Contract.pdfCitv of Bo man Parks and Recreation . eaartment
Independent Contractor Agreement for Recreation Programs
This agreement made and entered into by and between the City of Bozeman, 121 North
Rouse Ave., Bozeman, MT, 59715, hereinafter called the "City" and Big Sky Archery, 77
Laura Louise Lane, Bozeman, MT 59718 hereinafter called the "Contractor."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Term/Effective Date. This agreement shall become effective on September 1,
2012 and will continue in effect until August 31, 2013 unless earlier terminated as
defined by this Agreement or extended by signed written agreement of the parties.
2. Scope of Work: Program /Services:
The Contractor agrees to perform the following work:
a. Program Title (the "Program "):
Youth Beginning Archery, Youth Intermediate Archery and Adult Archery
b. Program Description:
Each class will last one hour and be taught by certified Archery professionals.
Classes will cover safety, technique and allow time for practicing skills. The
class will be limited to groups of 10 students up to 20 to every 2 instructors.
c. Location(s):
Big Sky Archery, 77 Laura Louise Lane, Bozeman, MT 59718
As approved by the Recreation Manager
d. Dates & Times:
Adult: October 4- November 8, Thursday 6:00- 7:OOpm
Youth Beginning: October 1- November 5, Monday 6:00- 7:OOpm
Youth Advanced: October 3- November 7, Wednesday 6:00- 7:OOpm
Other: more classes may be added depending on the success of the above and
the determined community need and as approved by the Recreation Manager.
e. Person's working for or on behalf of the Contractor:
Terry Maniger
Joey Nelson
Josh Moore
Gave Roffe
Bryce Pick
Justin Berg
Scott Grimm
3. Fees: The City shall collect all fees from Program participants and within 20 days
of program conclusion and receipt of invoice, pay the contractor a percentage as
determined by the City of Bozeman.
4. Independent Contractor:
The parties agree that Contractor is an independent contractor for purposes of this
Agreement and is not to be considered an employee of the City for any purpose.
Contractor is not subject to the terms and provisions of the City's personnel
policies handbook and may not be considered a City employee for workers'
compensation or any other purpose. Contractor is not authorized to represent the
City or otherwise bind the City in any dealings between Contractor and any third
parties.
Contractor shal, amply with the applicable require. As of the Workers'
Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act
of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers'
compensation coverage for all members and employees of Contractor's business,
except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a
binder for workers' compensation coverage by an insurer licensed and authorized
to provide workers' compensation insurance in the State of Montana; or (2) proof
of exemption from workers' compensation granted by law for independent
contractors.
The Contractor shall be responsible for all costs and expenses of performing the
services, tools and equipment required to perform the services and payment of all
State and Federal taxes required.
5. Indemnification /Waiver/Insurance:
For other than professional services rendered, to the fullest extent permitted by
law, Consultant agrees to defend, indemnify, and hold the City harmless against
claims, demands, suits, damages, losses, and expenses connected therewith that
may be asserted or claimed against, recovered from or suffered by the City by
reason of any injury or loss, including but not limited to, personal injury, including
bodily injury or death, property damage, occasioned by, growing out of, or in any
way arising or resulting from any intentional or negligent act on the part of
Consultant or Consultant's agents or employees.
For the professional services rendered, to the fullest extent permitted by law,
Consultant agrees to indemnify and hold the City harmless against claims,
demands, suits, damages, losses, and expenses, including reasonable defense
attorney fees, to the extent caused by the negligence or willful misconduct of the
Consultant or Consultant's agents or employees.
Contractor waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to
person or property arising from, growing out of, or in any way connected with or
incident to the performance of this Agreement except "responsibility for his own
fraud, for willful injury to the person or property of another, or for violation of
law, whether willful or negligent" as per 28 -2 -702, MCA.
Should City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the certificate of insurance
provided by the Contractor or under the Contractor applicable insurance policy the City
shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right
to indemnification or defense but only if a court of competent jurisdiction determines the
Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for
a claim(s) or any portion(s) thereof.
The above obligations shall survive termination of this agreement.
Prior to commencing work, Consultant shall secure insurance coverage acceptable
to the City and furnish to the City an accompanying certificate of insurance issued
by a company authorized to do business in the State of Montana endorsing the City
9. Notices: Notices --- arding this Agreement shall be made t --
Contractor: Big any Archery, 77 Laura Louise Lane, Boze...dn, MT 59718
City: Bozeman Parks and Recreation Department, Jamie Saitta, Recreation
Manager, 415 N. Bozeman, Ave. 59715
10. Non — Discrimination: The parties shall not discriminate in the fulfillment of this
Agreement on the basis of race, color religion, creed, sex, age, marital status,
native origin, or actual or perceived sexual orientation, gender identity disability.
11. Modification and Assignment: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either
party or agents of either party, which are not contained in this written Agreement,
may be considered valid or binding. This Agreement may not be enlarged,
modified or altered except by written agreement signed by both parties hereto.
The Consultant may not subcontract or assign Consultant's rights, including the
right to compensation or duties arising hereunder, without the prior written consent
of City. Any subcontractor or assignee will be bound by all of the terms and
conditions of this Agreement.
12. General:
a. Time is of the essence on all undertakings.
b. Attorney Fees. If it is necessary for either party to bring an action to enforce
the terms, covenants, or conditions of this Agreement, the prevailing party
shall be entitled to reasonable attorney fees to be set by the appropriate court,
including fees of the Bozeman City Attorney.
c. This agreement shall be enforced under the laws of the State of Montana.
d. A waiver by either party any default or breach by the other party of any terms
or conditions of this Agreement does not limit the other party's right to enforce
such term or conditions or to pursue any available legal or equitable rights in
the event of any subsequent default or breach.
e. This Agreement is for the exclusive benefit of the parties, does not constitute a
third -party beneficiary agreement, and may not be relied upon or enforced by a
third party.
IN WITNESS WHEREOF, the parties here to have executed this instrument the day and
year recognized below.
Contractors Name: Bill Farris
Company Name: Big Sky Archery
Federal Tax ID Number: 20- 1818005
City of Bozeman Business License Number(required): n/a
Business Phone: 406 - 388 -0503
Email: bigskyarcheLykaol.com
Business Mailing Address: 77 Laura Louise Lane, Bozeman, MT 59718
Liability Insurance Company Policy Number, Phone Number and Address:
Farmers Union, 300 River Drive North, Great Falls, MT 59403, Policy # BP00004736
Worker Compensation Company Policy Number, Phone Number and Address:
Montana State Fund, Policy Number 03- 339279 -6
Completed Background Investigation Form: Yes No
Checks are done in house on all employees
of Bozeman, its - fficers, agents, and employees as addit; al insured on a primary
non - contributor )asis for personal injury and propert, amage in amounts not
less than as follows:
• Workers' Compensation - statutory
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000
annual aggregate
• Automobile Liability - $1,000,000 property damage/bodily injury;
$2,000,000 annual aggregate
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary non - contributory basis on both the
Commercial General and Automobile Liability policies. The insurance must be in
a form suitable to City and shall include no less than a thirty (30) day notice of
cancellation or non - renewal. The City must approve all insurance coverage and
certificates of insurance prior to the Contractor commencing work and the
Contractor shall supply the City with any policies or endorsement documents the
City deems necessary to ensure compliance with this section.
6. Termination by City/Remedies: The City may terminate this Agreement with or
without cause upon ten (10) days written notice to the Contractor. In such a case,
the Contractor specifically authorizes the City, in its discretion, to assume
oversight and operation of the Program until the Program is completed or cancel
the Program and return to each Participant any portion of fees the City deems
reasonable. In such a case, the Contractor hereby waives any claim for any
Program fees as of the date of termination not yet distributed to Contractor by the
City. The following shall not prevent the City from seeking any other remedy it
may have at law or equity. The City may hold back payment or refuse payment
whenever in the City's sole discretion it is required to assure, obtain or compel
Contractor's compliance or performance with this Agreement.
7. Ownership and Publication of Materials: All reports, information, data, and
other materials prepared by the Contractor pursuant to this Agreement are the
property of the City. The City has the exclusive and unrestricted authority to
release, publish or otherwise use, in whole or part, information relating thereto.
Any re -use without written verification or adaptation by the Contractor for the
specific purpose intended will be at the City's sole risk and without liability or
legal exposure to the Contractor. No material produced in whole or in part under
this Agreement may be copyrighted or patented in the United States or in any other
country without the prior written approval of the City.
8. Background Investigation: The Contractor agrees to authorize the City of
Bozeman to conduct detailed background investigations of the Contractor and
subcontractors and their agents, and employees to include but not be limited to a
criminal background investigation, search of publicly available internet
information, and violent and sexual offender registries. All costs associated with
all components of the background investigation shall be the responsibility of the
Contractor. Each person listed above in Section 2, above, shall sign a City
provided authorization and consent to conduct background investigation.
Certification
Under penalty of perjury, the Contractor herein certifies that the above information is true
and correct.
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Contractor
C I� <C ltiew
Burin s Nam
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Date and place
0J. W. V--
Par s and e anon Department Representative
Background check completed on: