HomeMy WebLinkAboutRosenberger, Heather Michelle (Baby Boot Camp) - Parks and Recreation Instructor Independent Contractor Agreement - Executed 2016 09 20 PARICS & IIECREATION INSTRUCTOR
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made this day of,5,1 - A-,- , 2016 l"Eflcctive Date"), by
and between the CITY OF' WINTER SPRf VLORIDA, tit Florida municipal corporation,
whose, address is 11,26 East State Road 434, Winter Springs, Florida 32708 ("(",Ity"), and:
THE MICHELLE ROSENBERGER,, an individual, whose principal address is 1.716
Andes Drive, Winter Springs, Florida 32708 ("Contractor"),
RECITALS:
WHEREAS, City has certain outdoor park facilities available for us;e by the public, panel
WHEREAS, Contractor desires to offer "baby boot carrip" classes for expectant Toothers
and new mothers and their child(ren) ("Services") for the benefit of Ole public using the outdoor
park facilities available to 'ity., arid
WHEREAS, City desires to allow (",ontractor to offer such Services to the public under
flirt terms and conditions in this Agreenient.
IN CONSIDERATION of the ntutual covenants and provision:s, and other good, diverse,
and valuable considerations, the reccipt and sufficiency all or which is acknowledged, the parties
desiring to be legally boun(rl agree:
ARTICLE I
GENEkA,.L PROVISIONS
ng
,agement. ("'ity engages Contractor and Contractor agrees to perform the
Services outlined in EXHIBIT "A" for the stated fee arrangement. No prior or present
agreements or representa6ons shall bind upon any of the flaftiCS Unless incorporated in this
Agreement,
1.2 Due DifieLtice, Contractor acknowledges that she has investigated prior to
execution of this Agreenient an(] satisfied herself on the conditions affecting the
Services, the
availability ofiriaterials arid labor, the cost, 111C re'LlUirenients to obtain and maintain necessary
insurance, and the steps, Fiecessary to coniplete the Services, The Contractor warrants unto City
that she has the competence and abilities to careftilly and faithfully coniplete the Services, The
Contractor will perform thy." Services with due and reasonable diligence consistent with SOUnd
professional practices,
1.3 CCNA Services, Cono-aa ctor warrants unto City that the Services being performed
under this Agreement do not constitute professional seiiices as defined by Section
287.05)(2)(a), Florida Statutes.
Cofitracto, 2-1"r
PaEks& Recreation lusU uckv Agrecinem
'Ity of Winter Springs
Page I ot'l 2
AR,ricLE 2
REGISTRATI(`)N REQUIREMENTS AND FEES,
C0MPEI,NS/VFIQN,& PAVNIENTTERAIS
2.1 Ike i tr fr ru Contractor acknowledges that. the City requires Contractors
who are performing parks and recreation program services to charge fees that are reasonlaicin
order to encourage particil.)ants, to register and frequently participate in the park and recreational
program services being offered by (''ontractor at City owned fa
facilities. In furthernc
e of,this
ObJective, Contractor shall propose registfation l7ces to the. City in writing. Upon receipt of the
proposed registration fees,. the City will consult with the Conti-actor regarding the proposed fccs.
Registration fees shall be su�ject to the City's final approval and such approval shall be at the
C I
ity's sole discretion. All participants shall be required to pay the registration Fee approved by
the City,
2.2 ReListration Reacarr-ements, Contractor shall be responsible for registering
program participants. All particip&ms shall be required to register R)r Services 'with time
Contractor using, written forms provided by the Contractor, RegistratiODS shall be between the
Contractor and the pariciparit registering for the Services. However, during the: Contractor's
registration process, Contractor shall require that all participants execule a City of Winter
Springs' Waiver and Indemnification Form ("Waiver F'orm") as a condition of allowing
participant to receive any Services offered by the COntractror at or upon any City facilities Or
properties, The Waiver F`om is attached hereto as EXHIBIT "B" and is subject to amendment
by the City at any tirne. fft]-w City determines that a participant is receiving Services at Or Upon
any City facilities or properties under this Agreement without having executed a Waiver Fonn,
the City shall hive the right to prohibit, that, participant from receiving Services untilsitch tillne as
the participant submits to the City a tiffly executed Waiver Forrn,
2.3 ConiRensation to (i ontractor-. No corlipensation shall be paid by the City for
Contractor's Serviccunder this Agreemeni. Contractor's sole compensation fi,)r the Services
provided hereunder shall be contingent upon the collection of registration fees for the Services
provided hereunder.
2.4, CompensaPyjmj ft)_C...'Aty. For use of City facilities and property, Contractor agrees
to pay the City, a facility use Bee: in an arnount equal to 151!/t, of all registration fees collected by
Coritraclor for the Services provided Under this Agreement. In the event that the City
defermines that the Contniictor failed to collect a registration fee from a participant, the City will
also receive fi-orn the Contractor 1 5�,, of the registration f'CC that should have been collceted
from the participa nt that did trot pay the registration Fee,
2.5 P
( ontractor shall collect all registration fees and shall forward
JtCeiptS f0l' SUCK fees to City's Parks and Recreation Prograim Coordinator within tvvo (2)
bLISiRCSS days or collection, On or before the firs( business day of the cacti nionth, Contractor
shall pay to City the facility use fee required by Section 2.4 based on 15% of"the registration
fees collected during the prior month. C I ontractor shall account for all fees collected, including
the registrant's, name, Services registered, and payment method, and shall provide a copy of
such accounting records to the City simultaneously Nvith such payalent(s) to the City,
Camniour,411 Ily Parks& Recreation Imaructot Agmmwnt
0y ol'MmeSprings
P,igc 2 of 12
Contractor agrees that if`tine rCqLlil,cd minanum rturnber of'participants for Set-vices is not niel,
Contractor is not entified to any compensation and any registration fes paid for such Services
Neill be ref unde&
ARTICLE 3
GENERAL CONDITIONS OF SERVICES
3A Provision of Services is a Private Und2jahjgg. Regarding all Services
perf(,)rfned, it is, spccifically understood and agreed between the parties that the contractual
relationship between ("ity and Contractor is SUCh that Contractor is <rit independent contractor
and not an agent or employee of CityNothing in this Agreernent shall be interpreted to establish
any relationship, other than that of an independent contractor, between City and Corm-acior,
during or, after performing the Services.. Contractor shall be solely responsible for providing the
Services authorized pursuant to this Agreement. If the Contractor falls to provide the Services
and fulty honor participant registiatiot)s, the City will not be rcsl.,.)onsiblc for providing the
Services or biring as third party to provide the Services.
3.2 M"L�'AaEraqty of Services, Contractor miarrants unto City that she has sufficient
experience to properly cornplete the Services specified in this Agreement, (r'I
ontractor shall
coniply with '111 laws, ordinances and rules in perfiorming the Services. 'Ootl"-1C"tor shall pay .ffl
taxes, fees, ficense t'e.es icquired by law, including but not limited to OCCUpational fees and
withholding taxes and assume all costs incident to the Services, except as provided herein.
3.3 Cit ''s Res onsibil ifies. 'The City sli,all cooperate with the Contractor by'.
(a) Art-anging for access lo outdoor park facilities as necessary to (",ontractor
for provision of the Services, 11"Trotwood Park is not available for any
particular clay for which Services are scheduled to OCCLIF, whether due to
scheduled City events, or as otherwise cletemiined by the City, the City
shall Lnilize its best efforts to provide an alternative City outdoor park
facilities loc,alion for Contractor to provide Services. The City,shall Utilize
its best efforts to give Contractor seven (7) days,' advance notice of any
SUch alternative location arrangements,
(b) Keeping the outdoor park facifillies provided in good repair, and providing
custodial services to 1he facilities,in the park area.
ARTICLE 4
SUBCONTRACT,
S,ASSIGNMEINT
4.1 Assixnrqent and SubcolqLaig", Unless otherwise specifically required by this
Agrecirtent, Contractor shall not assign, Sublet, or transfer any rights or Services under or interest
in (including, bLn WithOUt firniuitions, moneys that may becorne due) this Agreement without the
written conscro of City, except ifany assignment, sublet, or transfer is mandated by law or the
effect of this limitation may be restricted by kiw, L)n less spec,i licall Y stated to the contrar-y in any
written consent to any assignment„ no assignment will release or discharge the assignor from any
Parks&Recreation Instnictor Agtcemeni
ol'%Vinle� spliglgs
Page 3 of 12
duty or responsibility under this Agreement. Further, Contractor shall SUI)COntl'aCt 110 p0rti()rOr
all portions of the Services with0U[ the written consent of City, Nothing under this Agreement
shall be conStrUed to give any rights or benefits in this Agreement to anyone other than City and
Contractor, and all dUtics and responsibilities under this Agreement will be for the sole and
exclusive benefit ofCity and Contractor and not for the benefit ofany other party,
ARTICLE 5
MISCELLANEOUS PROVISIONS
5.1 Governing Law- Venue. This Contract shall be governed by the larW of the State of..
Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties
agree (fiat the Agreement Nvas consurnmated in Serninoe County, and the site of clue Services is
SenlinOle COLAoty. IfaTIV dispute concerning dais Contract arises under Federal law, the venue
will be Orlando, Flo�rida.
5.2 Notices. All, projects, notices, derriands, requests, instructions,, approvals, and clatins
ices of any type shall be given by US, rnail or by hand delivery to an
shall be in writing, All fr�loj
individual atithorized 1k) receive mail for the below listed individuals, all to dies following
individuals it the following! locations-
TOTHE C II
Kevin L, Smith
City Manage]-
City of"Winter Springs
H 26 East State Road 434
Winter Springs, Florida32708-2799
407-327-IX00 (Phone)
4,07-327-4751 (Fax)
i, °l CONIFIRACTOR:
1--feather Michelle Rosenberger
1216 Andes Drive
Winter Springs,Floiida 32708
305-986-8868 (Phoire)
N(aticc shall be deemed to have been given and received on the date the notice is physically
received if given by hand delivery, or ifiaotice is given by first cl�ass US, mail, postage prepaid,
then notice shall be deemed to have been given upon the date said notiice was deposited in the
U.S. Mail addressed in tfic manner set forth above, Any party fre'reto by giving notice in the
Timmer set forth may undaterally change the name of the person to whom notice is to be given or
the address at which notice is tea be recelve&
5.3 Pubs lie Record. Pursuant to Section 119.0701, Florida Statutes and other applicable
ptiblic records Fa—;I—S7)I—Aractor agyTees that any rec oc rds, clocurnents, transactions, writings,
papers, letters, computerized information and programs, rnaps, books, audio or video capes,
filins, photographs, data promssing soffivare, writings or other aiaterial(s), regardless of the
Contraclori w ray Park's&kccrcatm Instructor Agrecimm
Ciry of,Wnter springs
Prane 4 of 12
physical forni, characteristics, or nreans of' transmission, of' Contractor related, directly cora
indirectly, to the services prcwided to the (''l ity under this, Agreement and made or received
pursuant to la,%N, or ordirtaxwe or in conneeGon with the transaction of official business by the
City, nray be deenred to be as public record, whether in the possession or control ofthe City or the
Contractor. Said records, documents, transactions, writings, papers, letters, computerized
information an'd prograins, maps, books, audio or video tapes, films, photographs, data
processing sollware, writings or other rnaterial(s), regardless of' the physical form,
charac teri s ties, cn, meam., of transmission of Contractor are su�j,ect to the provisions of C"hapter
119, Florida Statutes, and rnay not be destroyed withoul the specific or approval of the
City's designated custodian of public records.
UF THE CONTRACTOR RAS QUESTIONS REGARDING THE
APPLICATION OFCHAP,rER 119, FLORIDA STA17UTES1 TO THE
CONTRACTOR'S DUT PRONIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTAC'I" THE CUSTODIAN OF PUBLIC
REC70RDS, THE CITY CLERK, AT (407) 327-59551
(1)TY(.,,LERKQEPART,MEN'r Mj "TERSE R1NGSFL,,QRG, 1.126 EAST
STATE ROAD 434, FL 3:2708.
Contractor is required to and agrees to comply with public records laws. Contractor shall keep
and maintain all public records required by the City to perfortri the services as agreed to herein.
Contractor shall provide the City, upon request frorn the City Clerk, copies of the requested
records or allow the records to be inspected or copied Nvithin areasonable lirrie at a cost that does
not exceed the cost provided by law. Contractor shall ensure that public records that are exerntit
or confidential and exempt frorn public records, disclosure requirements are not disclosed except
as authorized by law for the duration of the Agreement term. LJpon completion of' the
Agreement, Contractor shall transfer to the City, at no cost, all public records in Possession Of
the Contractor, provided the transfer is requested in writing by the City Clerk. Upon such
trans l-r, Contractor shall destroyany duplicate public records that are exernpit or confidential and
exempt from pubhc records disclosure requirements. However, if(lie City Clerk does not request
Haat the public records be transferred, the Contractor shall continue to keep and maintain the
public records upon completion of the Agreernent and shall tneet all applicable requirements for
retaining public records. All records stored electronically must be provided to the ("ity, upon
request from the City Clerk, in a format that is compatible "Fith the iril'orniation technology
systerns of1he City® Should the City not POSSCSS PUblic records relating to this Agreement which
are requesled to be inspeTied or copied by the City or any other person, the City shall
immediately notify (2ontractor ofthe request and the Contractor shall then prcovide such records
to (lie City or allow the records to be inspected or copied within a reasonable there. If the
Contractor does not comply with a public records request, the ('lity may enforce this Sectioo
Section t
the extent permitted boy law. Contractor acknowledges that ifthe Contractor does not provide the
public records to the City within a reasonable firne, the Contractor may be sul�jccf to penalties
under Section H 9,10, Flcnlda Statutes, The Contractor acknowledges that if a civil actio'n is
filed against the C'ontractor to compel production of'public records relating to thl':s Agreeinern,
the court may assess and award against 'contractor the reasonable costs of enforcerricrit,
including reasonable attorney fees, All public records in connection with this Agreement shall, at
fi
Tc,i I flm-ks& Recrea6un hwructo� Agrcemem
cif Nvsn�vr Springs
Page 5 of,12
any and all reasonable tin,ies during the normal business hours of the C,ontractor, be open kind
freely exhibited to the City for the purpose of examination, audit, or otherwise. l"ailure by
Contractor to grant such public access and COTTIPI)r With public records laws and)'or requests shall
be grounds for irni-neidiate unilateral cancellation of this Agreenient by the City upon deliNcry of
a written notice ofeanceflation. If the Contractor fbils to comply with this Section, arid (lie City
must enforce this Section, or the City SUMT9 a third party award of' attorney's fees and/or
damages for violatingChaj�mer 119, Florida Statutes, due to Contractor's fifflure to comply with
this Section, the City shall collect from Contractor prevailing party attorney's fees and costs, and
any damages mcuri-ed by the Clity, for en(br-ting th I s Section against Contractor. And, it'
applicable, the try shall also be entitled to reimbursement ofall attorneys' lbes and damages
,-vhich the City had to pay as third party because of the (."on tractor's failure to comply with this
Section, -J'he ter-rois and COnontions set forth i1r) this, Section shall survive the termination of this
Agreement.
5.4 Ainendment of Agreement. Modifications or chariges in this, Agreement must be in
writing and executed by the parties bound to this Agreement.
5.5 Severability. If as word, sentence, or paragraph is declared illegal, unen 1brc cable, or-
uncouStitUtional, the word, sentence, or paragraph will be severed from this Contract, and this
Contract will be read as if the illegal, unenforceable, or unconstitutional Word, sentence, or
paragraph did not exist.
5.6 Attorney's Fees. Should any litigation arise concerning this Argreenient between the
parties, the parties agree to bear their own costs and attorney's fees.
5.7 Entire ALPreement. This AgTeernent represents the entire and inie&rrated Agrecr-nent
between the parties arid supersedes all prior negotiations, representations, or Agreements, either
oral or written, and all such matters shall be deemed inerged into this Agreement.
5.8 Sovereigrin Immunity, 'The City intends to avall itself of the benefits of Section
768.28., Florida Statutes and any other statUtCS and common law governing sovereign irnmunity
Ui the fullest extent possible. Neither this provision nor air),, offier provision ofthis, Agreement
shall be conStflred as as waiver of the City's right to sovereign immunity under Section 768.28,
florida Statittes, or other finvitations imposed on the (Jty's potential liability under state or
federal law, (.'ontractor agrees that City shall not be liable under this Agreement fear punitive
damages or interest for the period befOrC iLidgment, further, City shall not be liable for an.),
clairi,ii orJud grtictit, or Portion thereol', to any one person for- over two hundred thousand dollars
($200,(y00-00), or any claim or judgment, or portion thereof, which, when totaled with all other
clainis or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, cxceeds three hundred thousand dollars, ($300,0(l0,00). Nothing in this
Agreement is intended to inure to the benefit of`any third party f(.,,)r the purpose of allowing any
clairn which would otherwise be barred under the doctrine of' sovereign 1111111LInity or- by
operation of IaNv, Thrsparagraph shaWsurvive termination of`thins Agreement.
C OVI1oSMA111V Parks&Rccrcatkm 1n1,Arac1c):r Agretnwnt
Oty of'Winler Springs
Pag 6(if 12
ARTICLE 6
PROTEC"I'JON OF PERSONS ANDPROPER TY. INSURANCE
6.1 Worker'sCgonn,mgMaji2n. Upon the effective date of Ns Agreement, Contractor
shall provide proof of worker's compensation insurance in the minimurn arriount required by law
(if,required).,
6.2 Professional Liabilitv/Maluractice and General I.Jabili . Uport the effective date
ofthis Agreement, Contractor shall submit proof ol'protessional fiability/malpractice and general
liability insurance to cover claims for professional habilityhnalpractice (if applicable) and
general liability because of'hardily injury Or death of any person or- properly damage arising out
of' this Agn-eement or any Services provided. The insurance shall have MininlUnl JiMitS of
coverage of$1,000,000.00 per occurrence.
6.3, This paragraph shall apply, to Sections 6.1 and 6,2, Tire insurance required by this
Anicle shall include tire iiability and cover-age provided, or as required by law, whichever
requirements afford greater coverage. All of the policies of insurance so required to be
purchased and maintained for the certificates (or other evidence thereof) shallcontain a provision
or endorsement that the coverage aftbrded will not be canceled, materially changed or renewal
refused until at least thirty (30) days' prior written notice has been given to City and (.7ontractor
by certified mail, return receipt requested, All such insurance shall remain in effect until final
payment, Unlc5s agreed to by City to the contrary, City shall be narned on the insurance policies
as "additional insured," except for professional fiability/trialpractice coverage, Contractor shall
cause its insurance carriers to furnish insurance certifica,tes specifying the types and amounts of
coverage in ef"fect, the expiration dates of such policies, and a statement that no, insurance tinder
such policies will be canceled without thirty' (30) days" prior.written notice to City in compliance
Nvith other provisions of* this Agreement, For all Services performed under this Agreement,
Contractor shall contillUOUSly TYU)n1lain such insurance in the aMOUT1tS, type,, and quality ars
required by Sections 6.1, 6,2, and 63 11'Contractor fails to rnarirtain said inRlrance, City,, at its
option, may elect to terminate this Agreement by written mmice to Contractor,
6.4 Indemnification and Hold Harmless. For all Services performed under this
Agreernent, C"_m_tjactor agrecs to the fullest extent permitted by law, to indernnify and hold
harmless Cay and its empk)yees, officers, and attorneys a I C
gainst all claims, losses, darnages,
personal injuries (inC]Uding but not limited to cleath), or kability (inchiding reasonable attorney's
fees), directly (,)it- indirectly arising from the negligent acts, MOM, (M I SSIMIS, intentional or
otherwise, arising out Of Or MSUlflng from Contractor's performance of any Services provided
under this Agrectnent,
The indemnification provided above shall obligate Contractor to defend at her own
experisle or to provide filar such defense, at the option of City of all clainis offiability and all suits
and actions or cwcry riarne and description that may be brought against City or its employees,
officers, and anomeys which may result from the Services under this Agreement whether the
Services are perfin-nied by the (_.'on tractor, or anyone directly or indirectly ernployed by her. In
all events shaft be permitted to choose legal counsel of its sole, choice, the fees Pier which
T
C 0D I N1 C�Wilt.- 0�y Paiks& Reu cadoi�Jymsfructor Agreement
C��y of Winlo springs
Page'7 oi'12
shall be reasonable an(] SUbjCC1 to and included with this indeamificalion. This paragraph 6.4
shall survive ternnination ani this Agreernent.
6.5Staridar'd o'f ''("'are. In Perl'onning tier Services, C".011traCtOT Will LIS C that degree of
care and skill ordinarily exercised, under similar circuinstances by reputable members of its
profession practicing iri the saille or shnilar locality.
ARTICLE 7'
TERMINATION OFTHE CONTRACT
7.1 Termination by Ci . City inay tertninate this Agreement, with or withou( cause,
and withouiTw—nTi—fty, with five (5) days NNritten notice to Contractor. Such tennination shall be at
('.',ity's sole discreI10111.
7,,2 Termination In Contractor'. With at least five (5) days written notice to City,
Contractor inay,terminate this Agreement if City fails to comply With the terms and conditions of
this Agreernent,
7.3 ]�'ejrntin�ation�bCon�sent. T'his Agreenient may be terminated by the mutual written
consent ()fboth parties, and without penalty,
,.�
7A 1 J�on 1�'ernfinatjon. Upon termination of this Agreement, ContTactor shall 1,.Yay City
all surns due and owing to City !in accordance with Sections 2.4 of this Agrccnient thrOU,gh the
terminabon date, Upon noHice of"ternnnatio n, Contractor shall cease all Services being provided
unless otherwise agreed to by the City in writing.
7.5 Waiver. F'ailLVe OCCIty to insist upon performance within any time period or Upon a
proper levcl or quality of per fomiance shall not act as a waiver of`City's right to later, claim a
failure to perl"orm by Coritractor,
ARTICLE 8
TEAM Of' ACREEMENT
8.1 Term. The tcrni rat'this Agreenient shall coninience sera o"4- 2M6 and
shall ternnnaie Tattar two (2) years unless extended by mutual written agreement ofthe parties.
ARTICLE 9
("ONFLICTS
9.1 Conflicts, 11'a Conflict arises as to the contents of'Exhibit "A"arid the AgTeeirient,
the Agreement shall govern.
[Signature page folloNvs]
Parks&Recication IDSMntor Agreement
CIty of'\Vxmer Springs
Nip 8 of 12
IN WITNESS WITEREOF, the parties hereto caused this Agreement to be executedas
'C'af the date first written above.
CONTRACTOR: C:ITY-
Heather Michelle Rosenber-ger CITY OF WINTER SPRINGS, FLORIDA
..........�
By:
11cather Michelle Rosenberger ,virn L. 'City , lunager
e
Dated.- Date&
L ovilradotj C-1 1'mks&f1ccreation Instructor Apectrient
Cty(d winer Sp ings
Page 9 oft 2
EXHIBIT "A"
DESCRIPTION OFSERVICES TO RE PERFORMED
Sear w of Services. Contractor agrees to provide the following Servicesto C'it'y:L_
(a) Contractor agrees to, offer a "baby boot camp" fitness prograrri to the public on ar)
ongoing basis,
(b) Contractor shall be responsible for registration of' participants, A copy ofeach
registration form shall be provided to the Prograrn Sup erviscm Each class must c()ntain a
YninirrlUlll of`tour (4) participants. Contractor shall enSW-C that cacti participant shall execute an
unaltered Waiver Forl1j. or. ";J,iall not be eligible, f"or, and shall not participate in, the Services
provided by the Contractor. Contracwr shall provide such Waiver Forin. to the Pro rami
Supervisor %,vithin five (5) (lays of execution thereof
(c) The Services will take place at the 'frotwood Park, located at 7011 Northern WaY,
Winter Springs, Florida 32708, on Mondays. Wednesdays and Fridays, between 9:30AM to
p MOW, The parties may mutually agree to change (lie time and days that the Services arc to
be perforrned. Any changes to the program rriust be SUbmitted with seven (7) days advarice
notice, The Program Supervisor arrest approve any proposed changes to the Schedule.
(d) Participants shall provide their own child(rcn)'s stroller. Contractor may provide a
resistance band and/or flat band to Participants as the only equipment provided with payment of'
the registration fee. The resistance, band and/or flat band becorne(s) the property of the
Participant upon receipt thereof Participants shall provide their own additional individUal
equipinent and rnaterials, if any. The City shall not be responsible Cor any loss or darnage of
equipment and materials brought to the City OUtdoor park facilities for use by Contractor or
Participants, C I ontractor shall keep the grotinds where Services are offered free of litter, trash,
paper and waste at all times. Any litter, trash, paper, waste, equipment and materials resulting
frorn Contractor or Partic4.)ants shal I be: taken with the Contractor when the Contractor leaves,
(e) Contractor shall keep an accurate record of the date, linie and locatiori of each class,
the number of'participants and then- IWITICS, SUCh Information shall be provided to the Progran)
Supervisor promptly upon request,
(f) Contractor shall be resporrsible fix, any sponsorship obtained. Contractor sliall
forward. infonnation as to proposed sponsors to City for approval prior to agreeing to
sponsorship.
(g) Contractor agrees to coordinate withi the Program SUperVisor to ensure program dons
ncit interfere with offier City events, (".ontractor agrees that such events might afflact the
provision of Services,,
& RecreaOon lns^ i uclor
Oq ol'Winter Springs,
g
Ila ge 10 of 12
A R � CERTIFICATE OF LIABILITY INSURANCE DATEtMMIDDWYYYYI
08/019120116
THIS CERTI ATE IS IS UED AS A MATTER F INFORMATION ONLY AND; ONFERS NO RIGHTSUPON THE ERTIFICATE HOLDER. THIS
CERTIFICATE,DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE
OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL IN9URED,the policy ics must have ADDITIONAL INSURED provisions or be endorsed.. If
SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this
certificate does not confer ri Ihts to the certificate holder in/lieu of such endorsements .
PRODUCER CONTACT NAME: Mass Merch Underwriting
K&K Insurance Group, Inc. BONN Extl: 800-596-0969 arxcNe: 888-627-1185
1712 Magnavox WayE-MAIL
fitnessrpg@kandkinsurance.com Wayne Indiana 46804 ADDRESS:
PRODUCER
CUSTOMER ID:
INSURER(S)AFFORDING COVERAGE NAC#
INSURED INSURER A: Nationwide Mutual Insurance Company 23787
Heather Michelle Rosenberger INSURER B:
2712 River Ridge Dr
INSURER C:
Orlando, FL 32825
A Member of the Sports,Leisure&Entertainment RPG IN SURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: W00892156 REVISION NUMBER;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE:INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
i3SUEICD OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR1 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLIMITS
INSD YVVD MMA)D MMPDDfYYYY
A X COMMERCIAL.GENERAL LIABILITY X 6BRPGO000005861300 06/13//2016 0 6/1 3120 1 7 EACH OCCURRENCE .. ..$1,000,000
.CLAIMS. 12:41 AM EDT1.2:01 AM aAMA ETC-RENTED
MADE
OCCUR PREM'..ISEs Ea Occurrence $300,000
MED EXP(Any one person,l $5,0100
PERSONAL.&.ADV INJURY $1,000,000
. GENERAL.AGGREGATE $5,000,0100
GEN L.AGGREGATE LIMIT APPLIES PE.:R., PRODUCTS—COMP/OP AGO $1,000,000.
"POLICY —]JEI',OT�' D LOC PROFE.SSIC7NAL.LIABILITY '$1,000,000
OTHER: LEGAL.UAB TO PARTICIPANTS $1,000,000
AUTOMOBILE.LIABILITY .:BIN. SINGLi
Ea accident _
ANY AUTO BODILY INJURY(Per person)
OWNED AUTOSSCHEDULED ... .....,.,. ""`�"".
ONLY AUTOS BODILY INJURY(Per accident)
HIRED NEIN-OWNED R Y DAMAGE—
AUTOS
AMA EAUTOS ONLY AUTOS ONLY OPcr eccident
NOT PROVIDED WHILE IN HAWAII
UMBRELLA UAB OCCUR EACH OCCURRENCE
EXCESS LAB CLAIMS•MADE AGGREGATE
DED RETENTION ...
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY ''STA
..ITY N/ATUTE OTHER
ANY PROPRIETGRPARTNER YIN E.L.EACH ACOOFNT
IEXECUT'IVEE,OPFICER£MEMBER E.L.DISEASE—EA ._
EXCLUDED?(Mandatory In NH) ,
If yes,describe under DESCRIPTIOhk
OF OPERATIONSbeBow EL DISEASE—POL.ICYLIMn"
MEDICAL PAYMENTS FOR PARTICIPAtI'TS PRIMARY MEDICAL
EXCESS MEDICAL
DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES IACORD 101,Additional Remarks Sclhedule„may be attached If more space is required)
Certified Instructor of:Aerobics,Exercise,Fatness bootcamp,Personal training,Strength,Stroller-based fitness programs
The certificate holder is added as an additional insured,but only for liability caused„in Whole or in part,by the acts or omissions of the named insured.
CERTIFICATE HOLDER CANCELLATION
-city THE
Wnter Spm ngs,FL 327018 ACCIORDANCE ETH!THE POLICY PROVISIONSIYCE I PIERCE BE DELIVERED BEFORE
1126 East State Road 434
(Owner/Lessor of Premises) AUTHORIZED REPRESENTATIVE
Coverage Is oniy extended to U.S.events and activities.
..NOTICE TO TEXAS INSUREDS:The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the Slate of Texas
ACORD 25(2016/03) @ 1988-2415 ACOIRD CORPORATION. All rights reserved.
'rale AC�I'RD'name and logo are registered marks of AQ:'t�R;D
Wr E,,,
EXHIBIT "B"—CITY WAWER FORM 0
CITY OF WINTER SPRINGS 0
59
Release and Waiver Agreement owr
,.'111)
....... knowinglye and vc:)Iurnarily agree to participate In the Baby Boot Camp program it
the City of Winter Springs ("program,"), I actow lea e that the Progis provided by an independent contractor Linder
'rarn,
contract with the City to instruct and run the PTOgrafn The independent contractor is not an employee or agent ofthe City
of"Winter Springs and the City is riot responsibl�e for the manner in which the instructor runs the Prof rain . I acknowledge
and understand that this Program is based on a fitness program commonly called "Baby Boot Carrip," with information
available at which generally combines "stroller fitness" exercises, which involve my Stroller-
aged efild(ren) and a stroller which I provide, Nvith exercise activities which are strenuous, including but not hmiled to:
cardiovascular conditioning, training and drills, "ab assault"exercises- stretching; muscle strenl
I I ph and endurance training,
roller blading, running and, oth(N Val-i()US fitness activines, I arn aware that Baby. Boot Camp will involve up to 66
Minutes ofphysiM activity with my child(ren), which will place stress on my nuiscular and cardiovascular systerns. I arn
aware that before engaging in any strenuous exercise prograrn such as Baby Boot Camp, whether during or after
pregnancy, that it is, my responsibility to consult with my physician or other health care profossional to determine if this
Pro mater is right ror iny needs, and, to address an),, exercises or otherwise which should be avoided given racy prenatal Or
host-pregnancy state, as is relevant. l understand that I ShOLII'd riot rely on the (.`ity of Winter Springs or any of its
ernphriyOCS, Program instructors or agents, as a substitute or replaceirient for 1.)rotssional rnedicral advice, diagnosis, or
treatineriL
NOTICE TO T11E MINOR CHILD'S
NATURAL Gtjr APDI,AN
READ THIS FORM COMPI.,ETELY AND CAREFU11,Y, YOU ARE
A(JRHEI NG, TO LET YOUR MINOR CHfL.D ENGAGE IN A
POTENTIALLY DANG"EROUS A "TI "ITY. YOU ARE AGREEING
TFIAT, E'�`VEN IF THE CITY OF WINTER SPRINGS (INCLU'SIVE OF
ITS OFFICERS,, (I)FFICIAILS, DIRE.CTOR.S, EMPLOYEES, AGENTS,
PROGRAM INS'l-RUCTORS,
ATTORNEYS, AFFILIATED
ORGANIZATIONS AND SPONSORS) (HEREAFTER,
COt,LE(.1"TIVE I J."Y REFERRED TO, AS, THE "CITY") USES
REASONABLE CARE IN PROVII: IN(-ri "I"HIS ACT IVITY, THERE IS A
CI-1ANCE 'YOUR CH ILD MAY BE SERIOUSLY INJURED OR,
KILLEI) BY PAR,ricIP.ATING IN THIS ACTIVITY BECAUSE
THIERE ARECERTAIN DANGERS INHERF",NT IN THE ACTIVITY
WHICH CANNOT BE AVOIDED OR, ELIMINATED. BY SIGNING
71 11S FORM YOU ARE GJVfNG UP YOUR CHILD'S RIGHTAND
YOUR R.]GfIT TO RECOVER FROM THE CITY IN A LAWSUITFOR
,ANY PERSONAL INK]''I'ZY'l INCLUDING DEATH, To YOUR CHILD
OR ANY PROPERTY DAMAGE THATRESULTS FROMT1 1E RIS,KS
Parks& Recreation Instructor Agreonent
CiLy ofwiluer spiinps
Page 11 01,12
THAT ARE A NATU PART OF THE ACTIVITY. YOU HAVE
THE RIGHT 'TO REFUSE TO SIGN THIS FORK, AND THE CITY
HAS THE RIGHT TOREFUSETO LET YOUR CHILD PARTICIPATE
IF YOU DO NOT SIGN THIS FORM.,
1 expressly agree to aSSUITIC the Cf1firc risk of accidents, illness, personal injury, property damage or dearth which is
SUITcred by nae or my child(ren) its a result of"participation in the Prograin, whether or not such damage results ftorri
Product liability or negligence or gross negligence (except intentional misconduct) on the part of the City, I Understand
that the City is not providing any safety measures of"any kind for the Prograni, and that I am solely responsible for my,
and my nunor child(ren)'s, safety in6uding, but riot limited to, when I arn participating in the Program. Further,there is as
risk that my own minor chip' or, another participant in the activity may act in a negligent or intentional rnanner and
contribute to the injuxy or death of'my minor child or other persons. "I'lie City assurnes no responsibility for the actions
arid ornissions, of any participant in the Prograin. I (individually arid on the behalf ofany spouse, children, relative,
beneficiary,estate,personal represetitative,successor, assign, and all persons oi-entities which may derive a claim through
me), for and in consideration of(lie opportunity to participate in [lie Program, hereby enter into this Release with the City,
arid agree to the finlest extent pernlived by law asn(] without firnitation, to indernnify and hold hanirless tire, City, from and
against all claims, losses, dantages,personal ii1juries,(including hat riot lindied to death), or liability(including rcasonable
attorney,s fees), which directly or indirectly arises out of, or results front, iny participation in tire Progranr. I hereby
reinise, release and forever, discharge the City from any all claims, accidents,, darnages, deniands, rights, actions arid
uaises of' action of any kind whatsoever, in laws, or in equity, resulting from rny participation In the Programa., which
includes and extends to� any and call chintis I have or may have against the City with respect to the Pro g;rarn arid the
conditions, qualifications, instructions, rules or procedures thereof, arid, front any other Cause whatsoever relating to the
Prograrn or occurring during or after or as a result of the Program. I further agree to accept full responsibility,, financial or
otherwise, for any injury that I and/or my child(ren) may cause either to ourselves or to any other participants due to
my/our acts or omissions while participating in the program.
It is zany intention hereby, featly and finally and forever, to settleand to release any, and all rnatters, disputes, and
differences, known or unknoNvit, Suspected or unsuspected, that do now exist, may exist or heretofore have exisled with
respect to those niatters described herein. I further agree that this Release is to be broadly construed, and that if any
portion of'saine is held invzflid,that the bailarice ofthe Release shall continue in fr0l legal force and effect. It shall have no
legal effect on inteil)retation of' this Release that ffie City has prepared this Release, I have rcad, Undcrstand, and
voluntarily silpi this Release and further agree that no oral representations, staternents or inducenients apart frown tine
contents of this Release have been niade %riliCh in anyway afters,arriends, or changes this Release® I'lorida law applies to
this Release. I certify that I am eighleen years or older.
I KNOWINGLY, WILLFULLY, FULLY AND COMPLETELY ASSUME ANY' AND, ALL RISKS AND
LIABILJTY ASSOCIATED WITH MY OR MY ("BILDIS PARTICIPATION IN THE PROGRAM WHETHER
Olt NOT' SAID RISKS ARE EXPRESSLY OR IMPLIEDLY STATED HEREIN. THE CITY OF NVINTER
SPRINGS AND ITS EMPLOYEES, PROGRAM INSTRUCTORS AND AGENTS ARE NOT RESPONSIBLE
FOR ANY INJURIES OR DEATH WHICH MAY OCCUR TO ME OR MY CHTLI) RE.FORE, DURING, OR
AVrER MY PARTICIPA'll-ION IN THE PROGRAM.
I have fully read and fully understand the foregoing and in, consideration of being, allowed to participate in the,
Program, I fully agree to the foregoing terms and conditions set forth herein.
Participant's Name(please print) Part ic il,iant's SigllfltUre Date
I am the natural guardian of a ininor, and I earn authorized to and hereby execute this
igreeinent upon his or hei belia[E
MuLtrill Guardian Narne (please print) Natural guardi-an's Signature I'")ate
......I.wa Vwkq& Rccreafion Instructor Agreenient
tiny of"linter Springs
Page 12 of 12