CITY OF LAKE ELSINORE
INDEPENDENT CONTRACTOR AGREEMENT
FOR INSTRUCTION
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7 THIS INDEPENDENT CONTRACTOR AGREEMENT FOR INSTRUCTORS (“Agreement”) is made and entered into on July 1, 2025 by and between the CITY OF LAKE ELSINORE, hereinafter the “CITY,” and NATIONAL JUNIOR BASKETBALL LEAGUE, a California nonprofit corporation, hereinafter the “CONTRACTOR.”
1.Purpose. The CITY hereby engages CONTRACTOR for purposes of providing a youth basketball program to be run in accordance with National Junior Basketball’s governing body guidelines, including operating standards in relation to safeguarding and protecting children, coaching and officiating qualifications and other safe practices (the “Program”). The Program shall be conducted at designated City facilities.
2.Contractor's Status. CONTRACTOR is an independent contractor and is solely responsible for its own actions or omissions, and that of its employee, agents and volunteers. CONTRACTOR is not City’s employee for any purpose. Any additional personnel performing the services under this Agreement on behalf of CONTRACTOR shall also not be employees of the CITY and shall at all times be under Contractor’s direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel in connection with their performance of this Agreement and as required by law.
3.Term. The term of this Agreement shall begin July 1, 2025 and end June 30, 2026.
4.Collection of Fees. Registration fees shall be collected by the CITY through set registration procedures implemented by designated CITY staff. The CONTRACTOR is not authorized to collect registration fees.
Following the collection of registration fees, the CITY shall confirm the number of participants enrolled. The CONTRACTOR will be compensated only for participants who have paid.
5.Compensation. In consideration of the performance of the instruction and/or services provided herein, the CONTRACTOR shall receive seventy-five percent (75%) of the participation registration fees collected for instruction and/or services identified in Section 1 above, exclusive of any facility entrance, court night lights, insurance fees and/or publicity fees were charged (“Contractor’s Compensation”), provided, however, that Contractor’s Compensation shall not exceed $75,000 without prior written authorization from the City. One- half of Contractor’s Compensation shall be disbursed to Contractor on or before the first day of each session. All remaining Contractor Compensation shall be disbursed to Contractor following the end of the term. It is also understood that all taxes and/or other withholdings are the CONTRACTOR’S responsibility.
6.Payment. The compensation provided in Section 5 shall be paid upon satisfactory completion of instruction and/or services and receipt of an invoice within 45 days by CONTRACTOR submitted to the Community Services Department in the format specified by the Department, net 45 days.
7.Business License, Insurance, and LiveScan. CONTRACTOR agrees to obtain and follow all business license requirements as required by the Lake Elsinore Municipal Code, Chapter 5.08. All business license requirements must be met prior to contract approval. CONTRACTOR agrees to obtain all insurance required and present valid insurance certificates in accordance with the attached Terms and Conditions.
CONTRACTOR, its employees, agents, and volunteers agree to perform and provide proof of LiveScan.
8.Terms and Conditions. This Agreement includes the terms and conditions as printed and set forth on the following page, which terms and conditions are incorporated herein by reference; and the CONTRACTOR, by executing this Agreement, agrees to comply with such terms and conditions.
CITY OF LAKE ELSINORE
By: ________________________________
Shannon Buckley
Assistant City Manager
By: ________________________________
Jason Simpson
City Manager
ATTEST:
By: ________________________________
Candice Alvarez, MMC
City Clerk
CONTRACTOR
By:
Print Name: Dennis Murphy
Title: Director
Business Name: National Junior Basketball League
Business License Number: 027862
Address: 23963 Augusta Dr
City/State/Zip: Temescal Valley, CA 92883
Email Address: [email protected]
Phone Number: (714) 397-0678
CITY OF LAKE ELSINORE
INDEPENDENT CONTRACTOR AGREEMENT
FOR INSTRUCTION
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7 TERMS AND CONDITIONS
1. EQUIPMENT AND LABOR: The Contractor shall
furnish all tools, equipment, apparatus, supplies and
materials unless otherwise mutually agreed by City.
Contractor assumes all risk of loss, damage or harm
to such equipment or materials arising in connection
with this Agreement. The Contractor shall perform the
services under this Agreement in a skillful and
competent manner and shall abide by all laws in doing
so.
2. RESERVED.
3. RESERVED.
4. SUPERVISION: Contractor agrees to establish
appropriate rules for conducting the Program and to
assume responsibility for student discipline to ensure
adequate protection of students and facility.
5. FACILITY. The City shall be responsible for providing a suitable facility for the conduct of the Program,
unless otherwise noted under "Special
Arrangements". Contractor shall pay City for any and
all costs associated with using the facility. Contractor agrees to assume full responsibility for setting up any facility for the Program and for cleaning.
6. ACCESS TO FACILITY: City representatives shall at
all times have access to facility, whenever the
Program is in progress to monitor programs for quality.
7. CONDUCT: Contractor understands that the City is a
public entity under the laws of the State of California, and that the City’s purpose in engaging Contractor is
to provide its residents with recreational activities in a manner that will foster a sense of community, security, fun and fair play. Contractor agrees to conduct
himself/herself in a manner that will further these
goals. Contractor further acknowledges that failure to
do so will result in immediate termination of this
Agreement.
8. COORDINATION OF WORK: The Contractor agrees
to coordinate with the City specified time(s) and
date(s) in order to avoid conflict of use. It is agreed that the resolution of any conflict is at the sole
discretion of the City Manager or his/her designee.
Contractor agrees to work with assigned City staff to
maintain accurate enrollment records.
9. RULES: Contractor agrees to obey all rules and
regulations of the City of Lake Elsinore and any
directives and memoranda issued by the
Department’s Director.
10. LIVESCAN: Contractor, its employees, agents,
consultants, contractors and volunteers must comply
with fingerprinting requirements, Public Resources
Code, Section 5164, by presenting proof of LiveScan
to the City, prior to commencing work with minors.
11. HOLD HARMLESS AND INDEMNIFICATION. The
Contractor shall defend, indemnify, and hold harmless
the City, its officials, officers, agents, employees and volunteers free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability,
loss, damage or injury, in law or equity to property or persons, including wrongful death, in any manner
arising out of our incident to any alleged acts,
omissions or willful misconduct of Contractor, its
employees, agents, consultants, subcontractors and
volunteers arising out of or in connection with the
performance of the services in this Agreement,
including without limitation the payment of all
consequential damages and attorneys' fees and other
related costs and expenses. Contractor shall pay and
satisfy any judgment, award or decree that maybe
rendered against City or its officials, officers,
employees, agents, or volunteers, in any such suit,
action or other legal proceeding. Contractor shall
reimburse City and its officials, officers, employees,
agents, and/or volunteers for any and all legal
expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity
herein provided. Contractor’s obligation to
indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers. Such
indemnification shall cover death or bodily injury to
any person; injury to, loss, or theft of property, injury arising from the furnishing or use of any copyrighted
or uncopyrighted composition, secret process, or
patented or unpatented invention, or any other type
of injury, whether such injury or damage occurs on
or off City property.
12. INSURANCE: Contractor, its employees, agents,
consultants, contractors and volunteers understand
that certain types of activities create additional
exposure of risk to City. Unless otherwise waived or
modified by the City’s Risk Manager, Contractor
shall similarly maintain the following insurance
requirements and present the applicable valid
certificates to the City of Lake Elsinore. Commercial
General Liability/Umbrella Insurance total limits
shall be no less than $1,000,000 per accident and
$2,000,000 general aggregate. Contractor shall
maintain automobile liability insurance covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection with
the work to be performed under this Agreement,
including coverage for owned, hired and non-owned
vehicles, in an amount of not less than $300,000
combined single limit for each occurrence.
Contractor shall maintain Workers’ Compensation
Insurance and Employer’s Liability Insurance for
his/her employees in an amount not less than
$1,000,000 in accordance with the laws of the State
of California. Any notice of cancellation or non-
renewal of all Workers’ Compensation policies must
be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all
rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising
from work performed by Contractor for City. City and
its employees and agents shall be added as
additional insureds using ISO additional insured
endorsement form CG 20 10 or CG 20 26 (in no
event will City accept an endorsement form with an
edition date later than 1990). Coverage shall apply
on a primary non-contributing basis in relation to any
other insurance or self-insurance, primary or
excess, available to City or any employee or agent
of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured.
Contractor must maintain this insurance
requirement and have the City listed as additionally
insured in accordance with the above statements.
13. CONTRACTOR NOT OFFICER, EMPLOYEE OR
AGENT OF CITY. While engaged in carrying out the
terms and conditions of the Agreement, the
Contractor is an independent contractor and not an
officer, employee or agent of the City. The
Contractor has no authority, express or implied, to
act on behalf of the City as an agent or
representative of the City under this Agreement to
bind the City to any obligation. The Contractor is not
eligible for benefits from Social Security, State
Unemployment Insurance, Disability Insurance or
Workman’s Compensation Insurance. In the event
TERMS AND CONDITIONS
of injury, the Contractor is responsible for his/her own medical expenses.
14. PUBLICITY: Contractor shall not advertise, print or publish any promotional materials in connection with
the instruction or service to be conducted under this
Agreement without the prior written approval of the
Director of Community Services or his/her authorized
representative.
15. ASSUMPTION OF RISK. Contractor works at his/her
own risk. Contractor shall ensure each participant
signs the City's "Waiver & Release Agreement" prior
to participation.
16. COLLECTION OF FEES: The Contractor agrees not
to accept any registration fees from students. All
registration fees shall be paid directly to the City and the Contractor shall be paid at the conclusion of the
course by the City. The Contractor may collect
additional fees for materials and supply costs. The
Contractor shall appropriately inform the participants
of the additional material fees prior to registration.
Participants may be required to provide equipment
and materials.
17. PAYMENT OF FEES: City agrees to pay Contractor
according to compensation provision provided on first
page of this Agreement. Contractor is responsible for
payment to any employees or other agents.
18. AMERICANS WITH DISABILITIES ACT. Contractor
agrees that he/she shall make every attempt to
accommodate people with physical and/or mental
disabilities.
19. GENERAL COMPLIANCE WITH LAWS. Contractor
shall comply with all federal, state, and local laws,
statutes, rules and regulations in any manner affecting the performance of this Agreement. By law,
Contractor, Contractor’s employees and any Program
volunteers must comply with the requirements of Cal
Pub Resources Code Section 5164 before engaging
in the Program. Contractor, Contractor’s employees
and personnel (including volunteers) hereby agree
to a criminal background check as required under
Cal Pub Resources Code Section 5164 and must be
cleared by City prior to working in the Program.
20. MODIFICATION. No waiver, modification or
termination of this Agreement is valid unless made
in writing.
21. NONASSIGNMENT. Contractor shall not have any
right to assign and/or transfer its rights and/or
obligations under this Agreement without the prior
written consent of the City.
22. DEFAULT BY CONTRACTOR: Failure to comply
with any of the terms and/or conditions of this
agreement shall constitute default by the Contractor.
23. TERMINATION: The agreement may be terminated
by the City upon 30 days’ notice given in writing.
Both parties will perform in accordance with the
agreement prior to the effective termination date.
Nothing contained herein shall diminish the right of
the City to cancel, immediately and without prior
notice, the agreement for cause without penalty or
liability on the part of the City.
24. ENTIRE AGREEMENT: This contract constitutes
the entire Agreement between the parties
concerning the subject manner hereof and
supersedes all agreements, representations,
statements, promises and understandings, whether
oral or written, with respect to the subject manner
hereof.
25. SPECIAL ARRANGEMENTS:
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