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HomeMy WebLinkAboutDavid's Dog House Obedience Training LLC - Parks & Recreation Instructore Independent Contractor Agreement 2026 05 03PARKS & RECREATION INSTRUCTOR INDEPENDENT CONTRACTOR AGREEMENT rk THIS AGREEMENT is made this day of *4 , 2026, by and between the CITY OF WINTER SPRINGS, a Florida municipal cor oration, located at 1126 East State Road 434, Winter Springs, Florida 32708 ("City"), and DAVID'S DOG HOUSE OBEDIENCE TRAINING LLC, a Florida Limited Liability Company, whose principal address 701 Alpine Street, Altamonte Springs, Florida 32701 ("Contractor"). RECITALS: WHEREAS, the City owns and maintains certain outdoor recreational facilities which are available for use by the public; and WHEREAS, Contractor desires to offer dog training services ("Services") for the benefit of the public using the City's outdoor park and recreational facilities; and WHEREAS, the City desires to allow the Contractor to offer such Services to the public under the terms and conditions set forth in this Agreement. IN CONSIDERATION of the mutual covenants and provisions, and other good, diverse, and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties desiring to be legally bound agree: ARTICLE 1 GENERAL PROVISIONS 1.1 Engagement. City engages Contractor and Contractor agrees to perform the Services outlined in EXHIBIT "A" for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties unless incorporated in this Agreement. 1.2 Due Diligence. Contractor acknowledges that Contractor has investigated prior to execution of this Agreement and satisfied itself on the conditions affecting the Services, the availability of materials and labor, the cost, the requirements to obtain and maintain necessary insurance, and the steps necessary to complete the Services. The Contractor warrants unto City that Contractor has the competence and abilities to carefully and faithfully complete the Services. The Contractor will perform the Services with due and reasonable diligence consistent with sound professional practices. 1.3 CCNA Services. Contractor warrants unto City that the Services being performed under this Agreement do not constitute professional services as defined by Section 287.055(2)(a), Florida Statutes. Parks & Recreation Instructor Agreement Cif f Winter Springs and David's Dog House Obedience Training LLC Contracto /City Page 1 of 14 ARTICLE 2 REGISTRATION FEES, COMPENSATION, & PAYMENT TERMS 2.1 Registration Fees. All registration fees charged to program participants pursuant to this Agreement shall be reasonable. The Contractor shall set the amount of registration fees and shall provide a copy of said fee schedule to the City prior to rendering any Services under this Agreement. The City, at its sole discretion, shall determine whether the registration fees Contractor has proposed are reasonable. 2.2 Registration Requirements. Contractor shall be responsible for registering program participants. All participants shall be required to register for Services with the Contractor using written forms provided by the Contractor. Registrations shall be between the Contractor and the participant registering for the Services. However, during the Contractor's registration process, Contractor shall require that all participants execute a City of Winter Springs' Release and Waiver Agreement ("Waiver Form") as a condition of allowing participant to receive any Services offered by the Contractor at or upon any City facilities or properties. The Waiver Form is attached hereto as EXHIBIT "B" and is subject to amendment by the City at any time. If the City determines that a participant is receiving Services at or upon any City facilities or properties under this Agreement without having executed a Waiver Form, the City shall have the right to prohibit that participant from receiving Services until such time as the participant submits to the City a fully executed Waiver Form. 2.3 Compensation to Contractor. No compensation shall be paid by the City for Contractor's Services under this Agreement. Contractor's sole compensation for the Services provided hereunder shall be contingent upon the collection of registration fees for the Services provided hereunder. 2.4 Compensation to City. For use of City facilities and property, Contractor agrees to pay the City a facility use fee in an amount as set forth in the table below, pursuant to Resolution No. 2025-08 of the City of Winter Springs City Commission. Facilitv Use Fees per Hour: Resident* Fees Non -Resident Fees When Services are $15.00 per hour $20.00 per hour rendered between the hours of 8:00 a.m. and 5:00 p.m., Monday — Friday When Services are $27.50 per hour $36.50 per hour rendered before 8:00 a.m. or after 5:00 p.m., Monday — Friday, or any time on -Saturday or Sunda Parks & Recreation Instructor Agreement City f Winter Springs and David's Dog House Obedience Training LLC Contractor/City Page 2 of 14 *A "Resident," for purposes of this Agreement, is a person who is domiciled within the jurisdictional boundaries of the City of Winter Springs. 2.5 Payment Terms. All registration fees shall be collected by the Contractor. The Contractor shall pay to City the hourly facility use fee as required by Section 2.4, above. Contractor shall provide such payments to the City on a monthly basis, with payments due on the first of the month for Services rendered the prior month. ARTICLE 3 GENERAL CONDITIONS OF SERVICES 3.1 Provision of Services is a Private Undertaking. Regarding all Services performed, it is specifically understood and agreed between the parties that the contractual relationship between City and Contractor is such that Contractor is an independent contractor and not an agent or employee of City. Nothing in this Agreement shall be interpreted to establish any relationship, other than that of an independent contractor, between City and Contractor, during or after performing the Services. 3.2 Warranty of Services. Contractor warrants unto City that Contractor has sufficient experience to properly complete the Services specified in this Agreement. Contractor shall comply with all laws, ordinances and rules in performing the Services. Contractor shall pay all taxes, fees, and license fees required 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 City's Responsibilities. The City shall cooperate with the Contractor by arranging access to the City's outdoor park facilities as necessary for Contractor to provide the Services. If a particular outdoor park facility is not available on any particular day for which Services are scheduled to occur, whether due to scheduled City events, adverse weather conditions, emergencies, or situations as otherwise determined by the City, the City shall utilize its best efforts to provide an alternative City outdoor park facility for Contractor to provide the Services. The City shall utilize its best efforts to provide Contractor with seven (7) days' advance notice of any such alternative location arrangements. 3.4 Equipment and Storage. The Contractor may install a small shed on City property adjacent to the space where Services will be rendered for the purpose of storing the equipment and personal property needed to perform said Services. The Contractor must receive prior written approval from the City, including but not limited to receiving a building permit and other approvals as may be necessary in the sole discretion of the City, before installing the shed on City property. The City shall have the final determination on the precise location. Following the termination of this Agreement, the Contractor may, at its sole cost and expense, remove and take possession of the shed. Should the Contractor elect to remove the shed, the Contractor shall restore the City property upon which the shed was located to the condition that the property was in prior to shed installation. Should the Contractor fail to remove the shed from City property for Parks & Recreation Instructor Agreement Ci Winter Springs and David's Dog House Obedience Training LLC Contractor /City Page 3 of 14 more than sixty (60) days following the termination of this Agreement, the shed and all personal property located therein shall become the property of the City. All personal property and equipment related to the provision of the Services shall be stored in the shed, absent prior written approval from the City's Parks Manager. The City shall not be responsible for any loss of or damage to any equipment, materials, or other personal property stored on City property, including but not limited to the shed and the contents of the shed. 3.5 Banner. The Contractor may further promote its business by providing one (1) promotional business -related banner to the City for placement at the space where Services will be performed, at a precise location to be determined by the City. If the Contractor desires that such banner be returned to the Contractor following the termination of this Agreement, the Contractor is responsible for the coordination and pickup from City staff of the banner within sixty (60) days of the Agreement's termination. The form and design of the banner shall require the approval of the City prior to installation. 3.6 Social Media. The City shall make a post, on the City's social media platforms, oncer per quarter informing readers of the Services being offered by the Contractor. Should the Contractor host a special event or otherwise desire additional social media posts from the City's social media accounts, the Contractor may request additional posts, and the City may make additional posts at its sole discretion. 3.7 Contractor Acknowledgement Regarding City Outdoor Park Facilities. Contractor acknowledges and agrees that the City's outdoor park facilities, including the City's Dog Park and training area(s), are open to the general public for use at all times during normal 4 operating hours aside from those specified dates, times and location of Contractor's provision of Services, as agreed to in advance by the City in accordance with this Agreement. ARTICLE 4 SUBCONTRACTS; ASSIGNMENT 4.1 Assignment and Subcontracting. Unless otherwise specifically required by this Agreement, Contractor shall not assign, sublet, or transfer any rights or Services under or interest in (including, but without limitations, moneys that may become due) this Agreement without the written consent of City, except if any assignment, sublet, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Further, Contractor shall subcontract no portion or all portions of the Services without 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 duties and responsibilities under this Agreement will be for the sole and exclusive benefit of City and Contractor and not for the benefit of any other party. Parks & Recreation Instructor Agreement City,pf Winter Springs and David's Dog House Obedience Training LLC Contracto /City Page 4 of 14 ARTICLE 5 MISCELLANEOUS PROVISIONS 5.1 Governing Law; Venue. This Contract shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties agree that the Agreement was consummated in Seminole County, and the site of the Services is Seminole County. If any dispute concerning this Agreement arises under Federal law, the venue will be the Middle District of Florida, Orlando Division. Any objections to jurisdiction and venue are expressly waived. 5.2 Notices. All projects, notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO THE CITY: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 407-327-1800 (Phone) 407-327-4753 (Fax) TO THE CONTRACTOR: David's Dog House Obedience Training LLC Attn: David N. McGregor 701 Alpine St. Altamonte Springs, FL 32701 Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 5.3 Public Record. Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, Contractor agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, Parks & Recreation Instructor Agreement Ci f Winter Springs and David's Dog House Obedience Training LLC Contractor /City Page 5 of 14 photographs, data processing software, writings or other material(s), regardless of the physical (f form, characteristics, or means of transmission, of Contractor related, directly or indirectly, to the services provided to the City under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the City, may be deemed to be a public record, whether in the possession or control of the City or the Contractor. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of Contractor are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-5955, CITYCLERKDEPARTMENTAWINTERSPRINGSFL.ORG, 1126 EAST STATE ROAD 434, FLORIDA 32708. 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 perform the services as agreed to herein. Contractor shall provide the City, upon request from the City Clerk, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon 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 transfer, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that the public records be transferred, the Contractor shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City Clerk, in a format that is compatible with the information technology systems of the City. Should the City not possess public records relating to this Agreement which are requested to be inspected or copied by the City or any other person, the City shall immediately notify Contractor of the request and the Contractor shall then provide such records to the City or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with a public records request, the City may enforce this Section to the extent permitted by law. Contractor acknowledges that if the Contractor does not provide the public records to the City within a reasonable time, the Contractor may be subject to penalties under Section 119.10, Florida Statutes. The Contractor acknowledges that if a civil action is filed against the Contractor to compel production of public records relating to this Agreement, the court may assess and award against Contractor the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal Parks & Recreation Instructor Agreement Cit Winter Springs and David's Dog House Obedience Training LLC Contractor/City Page 6 of 14 business hours of the Contractor, be open and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by Contractor to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation. If the Contractor fails to comply with this Section, and the City must enforce this Section, or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Contractor's failure to comply with this Section, the City shall collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against Contractor. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Contractor's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 5.4 Amendment of Agreement. Modifications or changes in this Agreement must be in writing and executed by the parties bound to this Agreement. 5.5 Severability. If a word, sentence, or paragraph is declared illegal, unenforceable, or unconstitutional, the word, sentence, or paragraph will be severed from this Agreement, and this Agreement 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 Agreement between the parties, the parties agree to bear their own costs and attorney's fees. 5.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 5.8 Sovereign Immunity. The City intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768,28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. Contractor agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. Parks & Recreation Instructor Agreement Ci Winter Springs and David's Dog House Obedience Training LLC Contractor /City Page 7 of 14 5.9 E-Verify. a. Pursuant to section 448.095, Florida Statutes, contractors, which shall include Contractor, shall register with and use the U.S. Department of Homeland Security's E-Verify system, ht!ps:He-veri .uscis. og v/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. b. Subcontractors (i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. d. Failure to comply with this provision is a material breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City securing a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. 5.10 No Guarantee by City. Nothing contained in this Agreement shall be construed as a guarantee for the use of any City -owned or maintained facility. The parties fully understand and agree that City -owned and maintained facilities may not be suitable, at the discretion of the City, for use due to inclement weather, lightning, vandalism, emergencies, acts of God, hazardous conditions, or any other circumstances that the City deems could enter the participants or damage the facilities. 5.11 Trafficking. As a condition of this contract, Contractor shall attest under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Attestations shall be documented using a Human Trafficking Affidavit as provided by the City. Parks & Recreation Instructor Agreement Ci f Winter Springs and David's Dog House Obedience Training LLC Contracto /City Page 8 of 14 ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY; INSURANCE 6.1 Worker's Compensation. Upon the effective date of this Agreement, Contractor shall provide proof of worker's compensation insurance in the minimum amount required by law (if required). 6.2 Professional Liability/Malpractice and General Liabilityy_. Upon the effective date of this Agreement, Contractor shall submit proof of professional liability/malpractice and general liability insurance to cover claims for professional liability/malpractice (if applicable) and general liability because of bodily injury or death of any person or property damage arising out of this Agreement or any Services provided. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence. 6.3 This paragraph shall apply to Sections 6.1 and 6.2. The insurance required by this Article shall include the liability and coverage 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) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to City and Contractor by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to in writing by City to the contrary, City shall be named on the insurance policies as "additional insured," except for professional liability/malpractice coverage. Contractor shall cause its insurance carriers to furnish insurance certificates specifying the types and amounts of coverage in effect, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days' prior written notice to City in compliance with other provisions of this Agreement. For all Services performed under this Agreement, Contractor shall continuously maintain such insurance in the amounts, type, and quality as required by Sections 6.1, 6.2, and 6.3. If Contractor fails to maintain said insurance, City, at its option, may elect to terminate this Agreement by written notice to Contractor. 6.4 Indemnification and Hold Harmless. For all Services performed under this Agreement, Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless City and its employees, officers, and attorneys against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Contractor's performance of any Services provided under this Agreement. The indemnification provided above shall obligate Contractor to defend at Contractor's own expense or to provide for such defense, at the option of City of all claims of liability and all suits and actions of every name and description that may be brought against City or its employees, officers, and attorneys which may result from the Services under this Agreement whether the Services are performed by the Contractor or anyone directly or indirectly employed by him. In all Parks & Recreation Instructor Agreement Winter Springs and David's Dog House Obedience Training LLC Contractor /CityCi f Page 9 of 14 events City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification. This paragraph 6.4 shall survive termination of this Agreement. 6.5 Standard of Care. In performing the Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality. ARTICLE 7 TERMINATION OF THE CONTRACT 7.1 Termination by City. City may terminate this Agreement, with or without cause, and without penalty, with five (5) days written notice to Contractor. Such termination shall be at City's sole discretion. 7.2 Termination by Contractor. With at least five (5) days written notice to City, Contractor may terminate this Agreement if City fails to comply with the terms and conditions of this Agreement. 7.3 Termination by Consent. This agreement may be terminated by the mutual written consent of both parties, and without penalty. 7.4 Upon Termination. Upon termination of this Agreement, Contractor shall pay City all sums due and owing to City in accordance with Sections 2.4 and 2.5 of this Agreement through i the termination date. Upon notice of termination, Contractor shall cease all Services being provided. 7.5 Waiver. Failure of City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of City's right to later claim a failure to perform by Contractor. ARTICLE 8 TERM OF AGREEMENT 8.1 Term. The term of this Agreement shall commence on April 01, 2026, and shall terminate on April 01, 2027, unless extended by the mutual written agreement of both parties. The parties shall have the option to extend the term of this Agreement for three (3) one-year periods. ARTICLE 9 CONFLICTS 9.1 Conflicts. If a conflict arises as to the contents of Exhibit "A" and the Agreement, the Agreement shall govern. Parks & Recreation Instructor Agreement Ci f Winter Springs and David's Dog House Obedience Training LLC Contractor City � Page 10 of 14 IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as of the date first written above. CONTRACTOR: DAVID'S DOG HOUSE OBEDIENCE TRAINING LLC B D vid N. Mc egor Owner Dated: 5 — -Z� CITY: CITY OF WINTER SPRINGS By: K in S et, City Manager Dated:__ Parks & Recreation Instructor Agreement City of Winter Springs and David's Dog House Obedience Training LLC Page I 1 of 14 EXHIBIT "A" DESCRIPTION OF SERVICES TO BE PERFORMED Scope of Services. The Contractor agrees to provide the following Services to the City: (a) Contractor agrees to offer dog training programs to the public on an ongoing basis. The dates, times and location of such class/camp shall be specified by the City in coordination with the Contractor. Contractor acknowledges and agrees that all offered dog training programs shall be conducted within a designated, fenced dog training area specified by the City. (b) Contractor shall be responsible for registration of participants. A copy of each registration form shall be provided to the Parks Manager, or their designee. Each class/camp must contain a minimum of four (4) participants. (c) Contractor shall provide the Parks Manager, or designee, with a schedule at least fourteen (14) days prior to the start of the camps/classes. Any changes to the program must be submitted with seven (7) days advance notice. The Parks Manager, or designee, must approve the submitted schedule prior to the start of the class/camp. (d) Contractor shall provide all equipment and materials needed to provide Services. Contractor shall be responsible for preparing /setting up prior to each class/camp. (e) Contractor shall ensure that all participants sign a release form, provided to Contractor by the City, prior to commencement of Services. A copy of all release forms signed by participants shall be forwarded to Parks Manager, or designee. (f) Contractor shall keep an accurate record of the date, time and location of each class, the number of participants and their names. Such records shall accompany the Contractor's submission of relevant payments to the City, which shall be provided to the Parks Manager, or designee. (g) Contractor shall be responsible for hiring additional instructors, if necessary, in order to insure a reasonable and proper instructor/participant ratio. (h) Contractor shall be responsible for any sponsorships obtained. Contractor shall forward information as to proposed sponsors to the City for approval prior to agreeing to sponsorship. (i) Contractor agrees to coordinate with the Parks Manager, or designee, to ensure program does not interfere with other City events. Contractor agrees that such events might impact the provision of Services. Parks & Recreation Instructor Agreement City of Winter Springs and David's Dog House Obedience Training LLC Page 12 of 14 EXHIBIT "B" — CITY WAIVER FORM 4��NTeRSA CITY OF WINTER SPRINGS 0 Release and Waiver Agreement u t,1 19S9 iCOp WESPJyt I, knowingly and voluntarily agree to participate in the dog training program, class, camp or activity known as "David's Dog House Obedience Training" at the City of Winter Springs ("Program"). I acknowledge that the Program is provided by an independent contractor under contract with the City to instruct and run the Program. The independent contractor is not an employee or agent of the City of Winter Springs and the City is not responsible for the manner in which the instructor runs the Program. I acknowledge and understand that this Program involves various levels of training and fitness activities which will place physical stress on my body and/or my dog's body, including but not limited to my and my dog's muscular and cardiovascular systems. I am aware that it is my responsibility to first consult with my physician and/or my dog's veterinarian other health care professional to determine if this Program is right for my and my dog's needs. I also understand that I am solely responsible for my and my dog's safety and that there is a risk that another participant or their dog may act in a negligent or intentional manner and contribute to my or my dog's injury/death. The City assumes no responsibility for the actions and omissions of any Program participant. I KNOWINGLY, WILLFULLY, FULLY, EXPRESSLY AND COMPLETELY ASSUME ANY AND ALL f RISKS AND LIABILITY, KNOWN OR UNKNOWN, ASSOCIATED WITH MY AND MY DOG'S PARTICIPATION IN THE PROGRAM, WHETHER OR NOT SAID RISKS ARE EXPRESSLY OR IMPLIEDLY STATED HEREIN. THE CITY OF WINTER SPRINGS AND ITS EMPLOYEES, PROGRAM INSTRUCTORS AND AGENTS ("CITY") ARE NOT RESPONSIBLE FOR ANY INJURIES, INCLUDING DEATH, WHICH MAY OCCUR TO ME OR MY DOG BEFORE, DURING, OR AFTER MY PARTICIPATION IN THE PROGRAM. I agree to assume the entire risk of accidents, illness (including but not limited to possible exposure to illness from infectious communicable diseases including, but not limited to MRSA, influenza, and the novel coronavirus (COVID-19)), personal injury, property damage or death which is suffered by me or my dog as a result of participation in the Program, whether or not such damage results from 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 Program, and that I am solely responsible for my safety and my dog's safety including, but not limited to, while myself and my dog participate in the Program. I (individually and on the behalf of any spouse, children, relative, beneficiary, estate, personal representative, successor, assign, and all persons or entities which may derive a claim through me), for and in consideration of the opportunity to participate in the Program, hereby enter into this Release with the City, and agree to the fullest extent permitted by law and without limitation, to indemnify and hold harmless the City, from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), which directly or indirectly arise out of, or result from, my and my dog's participation in the Program. Parks & Recreation Instructor Agreement City of Winter Springs and David's Dog House Obedience Training LLC Page 13 of 14 I hereby remise, release and forever discharge the City from any all claims, accidents, damages, demands, rights, actions and causes of action of any kind whatsoever, in law or in equity, resulting from my participation in the Program, which includes and extends to any and all claims I have or may have against the City with respect to the Program and the conditions, qualifications, instructions, rules or procedures thereof, and, from any other cause whatsoever relating to the Program 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 may cause either to myself or to any other participants due to my acts or omissions while participating in the Program. It is my intention hereby, fully and finally and forever, to settle and to release any and all matters, disputes and differences, with respect to those matters described herein. I further agree that this Release is to be broadly construed, and that if any portion of same is held invalid, that the balance of the Release shall continue in full legal force and effect. It shall have no legal effect on interpretation of this Release that the City has prepared this Release. I have read, understand, and voluntarily sign this Release and further agree that no oral representations, statements or inducements apart from the contents of this Release have been made which in anyway alters, amends, or changes this Release. Florida law applies to this Release. I certify that I am eighteen years or older. 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) Participant's Signature Date Parks & Recreation Instructor Agreement City of Winter Springs and David's Dog House Obedience Training LLC Page 14 of 14