A. The Contractor acknowledges and agrees that he/she is not entitled to any benefits or protections afforded employees of the District nor bound by any obligations of employees of the District.
B. The Contractor agrees not to hold him/herself out as an employee of the District to members of the public.
C. The Contractor acknowledges and agrees that he/she is solely responsible to pay all applicable federal, state, and local income and withholding tax obligations or contributions imposed by social security, unemployment insurance and worker’s compensation insurance on behalf of the Contractor and those employees, if any, employed by him/her.
D. The District will report payments to an individual of $600 or more to the IRS on Form 1099-Misc. The Contractor will provide to the District a social security number for any individual receiving payment.
E. The Contractor will provide a Federal Identification Number to the District.
F. The Contractor acknowledges and agrees that he/she is responsible for all expenses, including the provision of equipment and materials related to provision of the contracted for results, unless otherwise specific and explained.
G. The Contractor shall at all times have sole control over the manner, means and methods of performing the work/services required by the contract according to his/her own independent judgment, and is solely responsible for the direction of his/her employees and agents. The Contractor acknowledges and agrees that he/she will devote such times as is necessary to produce the contracted for results.
H. The Contractor acknowledges and agrees that he/she is solely responsible for his/her employees/agents’ actions in performing the work/services.
I. The Contractor agrees to provide and keep in force at all times during this Agreement, the following insurance coverages: comprehensive general liability insurance including contractual liability coverage with minimum limits of not less than one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) annual aggregate; property damage insurance; full Worker’s Compensation Insurance equal to the statutory amount required by law; and employers liability insurance with limits of not less than one million dollars ($1,000,000). All insurance carriers providing the coverage set forth herein shall have a rating of A:VII as assigned by A.M. Best & Co. and be satisfactory to the Park District in its sole discretion. All Certificates of Insurance in connection herewith shall be furnished to the District no later than seven (7) days prior to the commencement date of this Agreement.
J. All insurance coverage provided by the Contractor shall be primary coverage as to the District. Any insurance or self-insurance maintained by the District shall be excess of the Contractor’s insurance and shall not contribute with it.
K. The District, its officers, agents, and employees are to be covered and named as “additional insured” under the General Liability coverage and shall contain no special limitation on the scope of protection afforded to the additional insured. The policy and/or coverage shall also contain a “contractual liability” clause.
L. Said insurance policies shall not be canceled or amended without 30 days prior written notice having been given to the District. Such cancellation shall be grounds for the District to immediately cancel this Agreement.
M. To the extent permitted by law, the Contractor shall indemnify, save, defend, and hold harmless the District, including its officers, officials, agents, volunteers, and employees, (hereinafter collectively referred to as “District”) from and against any and all liabilities, obligations, claims, damages, penalties, cause of actions, costs and expenses (including reasonable attorney and paralegal fees) which the District may become obligated by reason of any accident, bodily injury, or death of persons, civil or constitutional rights violation, or loss or damage to tangible property, arising directly or indirectly in connection with, or under, or as a result of this Agreement.
N. The Contractor acknowledges and agrees that he/she will comply with all applicable laws, rules, and regulations promulgated by any federal, state, county, municipal, park district, or any other governmental unit or regulatory body or court.
O. The District may terminate this contractual agreement in the event of contract breach. The Contractor shall have financial responsibility to the District for reasonable costs incurred by the District including the cost of obtaining replacement services.
P. The Bartlett Park District reserves the right to cancel any class or session if the enrollment is not adequate. The Park District shall not be responsible for any payments to the Independent Contractor for classes or session that are canceled. Check the program dates listed; it is the Independent Contractor’s responsibility to be present on all scheduled dates.
Q. The Bartlett Park District reserves the right to give a full refund to any person enrolled in a program, for any reason at any time. The Park District shall not be responsible for any payments to the Independent Contractor for a participant who has received a refund.
R. An invoice must follow every payment request along with the original or copies of the class lists for our records.
S. Criminal Background Checks -- The Bartlett Park District requires all staff/contractors of Independent Contractors offering recreational programs at or for the Bartlett Park District to submit to background checks, provided by the Illinois State Police Bureau of Identification. Any conviction appearing on a background check may be grounds for nullification of this Agreement. Convictions in the following areas shall be grounds for non-discretionary nullification of this Agreement: felony, child or spousal abuse, armed violence, violence/assault, or sexual assault.
I hereby accept the above Agreement from both Page 1 and Page 2 of the Contractual Agreement between Bartlett Park District and Independent Contractor and agree to abide by the Bartlett Park District ordinances, rules and regulations, and will help in enforcing the rules and policies of the Bartlett Park District. I also will/have conduct(ed) criminal conviction background checks (as outlined above) on all of our staff/contractors and no individual who has not passed or had a criminal background check completed will be assigned to programs of the Bartlett Park District.
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