Independent Contractor - 2023 - Kristina Schmid - Instructor - 8/11/2023 CITY OF EAGLE
Agreement for Independent Contract Instructor
This Agreement is entered into this i�" day of th R USI� , by and between the CITY OF
EAGLE, an Idaho municipal corporation ("City" and Kristina Schmid, ("Instructor") an
individual person,whose address is 1994 W. Melon Dr.,Kuna, ID, 83634. City and Instructor are
sometimes collectively referred to herein as the "Parties."
WHEREAS, City and Instructor are mutually interested in providing and enhancing
educational and recreational opportunities in the Eagle community; and
WHEREAS,Instructor has specialized training,experience,and skill to provide instruction
and guidance for planning wilderness recreation activities including camping, backpacking,
navigation, survival, safety, and encountering predators and is willing to dedicate such skill to the
instruction and edification of others.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein, City and Instructor agree as follows:
1. INCORPORATION OF RECITALS. The above Recitals are a material part of
this Agreement and are incorporated into the Services of this Agreement by reference as though
they were fully set forth herein.
2. SERVICES. Instructor shall provide the services described on Exhibit A attached
hereto and incorporated herein by this reference. Instructor shall provide appropriate supplies,
materials and equipment to adequately carry out its course(s). Instructor shall perform the services
and work under this Agreement in a timely manner in accordance with the dates and times set forth
in Exhibit A.
3. TERM;RENEWAL; AND TERMINATION. This Agreement shall be for a 12-
month term. This Agreement may be renewed, annually if agreed to by the Instructor and City
Council.The City reserves the right not to renew this Agreement for any reason. Either party shall
have the right to terminate this Agreement at any time by giving twenty (20) days written notice
of such termination. The City may terminate this Agreement immediately upon any breach of
performance specified in this Agreement by the Instructor or any violation of State, Federal or
local law. Notwithstanding any provision of this Agreement, Instructor shall not be relieved of
liability to City for damages sustained by City by virtue of any breach of this Agreement by
Instructor, and City may withhold any payments to Instructor for the purposes of set-off until such
time as the exact amount of damages due City from Instructor is determined. This provision shall
survive the termination of this Agreement and shall not relieve Instructor of liability to City for
damages.
4. COMPENSATION. The City shall pay Instructor for services rendered under this
Agreement at the rate of 70% of the total revenue generated by registration fees remitted for the
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class. This amount shall constitute full compensation for any and all services,materials,and costs
performed or furnished by Instructor. Fees for materials and supplies are considered separate class
fees that are payable directly to the Instructor and are not calculated into the percentage split
calculations unless otherwise arranged with the Parks and Recreation Director. Unless otherwise
agreed upon in writing by the parties, the class will be cancelled, and payment not made if a
predetermined minimum number of students are not enrolled prior to the second-class meeting.
5. PAYMENT. If the duration of a course is three months/12 weeks or longer,
Instructor may request two payments as follows: (1)at the halfway mark and(2) at the conclusion
of the course. For courses less than three months/12 weeks, payment will be made at the
conclusion of the course.Upon completion of each course(or at the halfway mark for those classes
eligible for two payments),the Instructor shall send application for payment to the City of Eagle,
Attention: Recreation Department 660 E. Civic Lane,Eagle,Idaho 83616. Payment shall be made
within thirty(30)days of receipt of Instructor's application. Payment will be based on the number
of students enrolled at the time the payment process is started. City will not withhold money for
social security or state or federal income tax; payment of all taxes and other assessments on such
sums shall be the sole responsibility of Instructor.
6. CRIMINAL BACKGROUND CHECK. As a condition of this Agreement,
Instructor agrees to a criminal background check. All criminal background checks are currently
being performed by the Idaho State Police. All background check fingerprint cards will be
obtained at the City Clerk's office. It is the responsibility of the Instructor to be fingerprinted at
the Idaho State Police office in Meridian. Instructors are responsible for fingerprint background
checks for any of his/her employees or volunteers working/volunteering under Instructor's
authority. Services to be performed by Instructor(or employees/volunteers)under this Agreement
shall not begin until approved background checks are received by the City. Criminal background
checks are required to be conducted every 12 months. Instructor is responsible for paying the
fingerprint card fee, and cost of background check conducted by Idaho State Police.
7. INDEPENDENT CONTRACTOR. At all times during the term of this
Agreement,Instructor shall be an independent contractor and shall not be an employee of the City.
City shall have the right to control Instructor only insofar as the results of Instructor's services
rendered pursuant to this Agreement. City shall not have the right to control the means and
methods by which Instructor accomplishes services rendered hereunder. Instructor shall
indemnify the City against any liability arising out of an allegation or finding that Instructor is not
an independent contractor. Instructor is not entitled to employee benefit programs or any
protection afforded employees of the City of Eagle. Instructor is not prohibited from providing
the same services for other businesses at any time except times which would present a conflict in
providing City services under this Agreement. As a self-employed person, the Instructor will be
solely responsible for payment of all federal and state taxes, will not be an employee of the City
for worker's compensation or any other purposes, and will not have unemployment insurance
benefits.
8. INDEMNIFICATION AND WAIVER. Instructor and each and all of
Instructor's employees, agents, contractors, officials, officers, servants, guests, and/or invitees
shall, and hereby does, indemnify, save and hold harmless,release and forever discharge the City
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of Eagle, its officers, agents, employees and volunteers from and for any and all losses, claims,
actions,judgments for damages, or injury to persons or property and losses and expenses caused
or incurred by Instructor or any employee,agent,contractor, official,officer, servant, guest and/or
invitee thereof,at or in its use of City property,facilities,or equipment or any lack of maintenance
or repair thereon and not caused by or arising out of the tortious conduct of City,regardless of the
manner by which such claim may be brought.
9. CONTRACTOR NOT AGENT. Except as City may specify in writing,
Instructor shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Instructor shall have no authority, express or implied, pursuant to this
Agreement,to bind City to any obligation whatsoever.
10. NONDISCRIMINATION. Instructor agrees not to discriminate against any
person because of race, color, religion, sex,national origin, age, disability or marital status in any
activity for which Instructor is providing instruction under this Agreement. Instructors must fully
comply with the Americans with Disabilities Act (ADA), and shall work cooperatively with the
City to make reasonable modifications to policies and procedures to ensure that people with
disabilities have an equal opportunity to access classes. Instructors shall not impose unnecessary
eligibility standards or rules that deny individuals with disabilities the opportunity to participate in
classes.
11. ADVERTISING AND PROGRAM MARKETABILITY DISCLAIMER. The
City will publicize the contract classes in its activity promotions, including but not limited to
periodic press releases, flyers and social media outlets. The City shall inform Instructor of the
deadline for submission of any class information for activity promotions. The City does not
warrant that the Instructor's program or services are marketable and will therefore yield a profit
for Instructor. Any loss sustained by Instructor in operating this program is Instructor's sole
responsibility. Any profit made by Instructor is to Instructor's sole benefit.
12. PHOTO DISCLAIMER. Instructor grants full permission to the City for use of
his/her name and photographs, videos, motion picture or recordings for any publicity and
promotion purposes without obligation or liability to Instructor.
13. NOTICE. Communication between the Parties regarding day-to-day matters(e.g.,
issued related to scheduling and venue) shall occur via e-mail, facsimile or telephone. All other
notices required to be given by either of the Parties shall be in writing and be deemed
communicated when personally served, or mailed in the United States mail, addressed as follows:
City of Eagle Kristina Schmid
Attn: Recreation Dept 1994 W. Melon Dr.
660 E. Civic Lane Kuna, ID 83634
P.O. Box 1520 (248) 515-3444
Eagle, ID 83616 in&o teamkj adventures.com
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14. TRAININGANTEGRATION. The City will not provide training to Instructor to
provide the services described. It is assumed based on information provided by Instructor, and
certified by Instructor by execution of this Agreement,that Instructor is qualified to provide these
services. It is further understood by Instructor that City is not typically in the business of providing
the contracted services and is therefore not in a position to train, guide or otherwise instruct
Instructor.
15. PARTICIPANT INFORMATION. Instructor is not permitted to use any
participant information,rosters,mailing lists, etc. for any purposes other than authorized City use.
Participant information shall be kept confidential and cannot be shared with any third parties or
with other participants, except as authorized by judicial order, the Idaho Public Records Act, or
federal law.
16. COMPLIANCE WITH LAWS. Each party shall comply with all applicable
Federal, State and local laws and regulations.
17. NON-EXCLUSIVITY. Instructor acknowledges that this Agreement is non-
exclusive and that City may enter into other independent contractor agreements with other
instructors to provide services for City recreation programs and activities.
18. ASSIGNMENT. This Agreement may not be assigned or delegated by either parry
without prior written consent of the other party.
19. ATTORNEY'S FEES. The prevailing party in any claims or disputes arising out
of this Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief
which a court of competent jurisdiction may award.
20. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties relative to the subject matter thereof. Statements or representations of any
kind not embodied herein shall be of no force or effect. This Agreement may only be modified in
writing.
21. GOVERNING LAW. This Agreement will be construed in accordance with the
laws of the State of Idaho.
22. HEIRS AND ASSIGNS. This Agreement and the terms and conditions hereof
shall apply to and are binding upon the heirs, executors, administrators and assigns of the parties
hereto.
23. SEVERABILITY. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of this
Agreement so long as the remainder of the Agreement is reasonably capable of completion.
24. APPROVAL. The City and Instructor each acknowledge that this Agreement,
even though agreed upon by the City's representatives, is not binding upon City until such time as
the Eagle City Council approves this Agreement and authorizes the Mayor to execute this
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Agreement on behalf of the City. The representative of Instructor represents that he/she is
authorized to enter into this Agreement on behalf of Instructor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
CITY OF EAGLE: INDEPENDENT CONTRACTOR:
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EXHIBIT A
SCOPE OF SERVICES
WILDERNESS RECREATION PLANNING CLASS
1. Program will provide instruction and guidance for planning wilderness recreation
activities; camping, backpacking,navigation, survival, safety, and encountering predators.
2. Set up program space to meet the needs of the class and participants.
3. Lead, instruct, and demonstrate the appropriate activities related to safety and curriculum.
4. Provide a nurturing and supportive environment that encourages participants in their
efforts.
5. The programming takes place during the timeframe established between the City of Eagle
and the Instructor. Program times may not be additionally scheduled unless agreed upon.
6. Complete and submit all reports and participant tracking information as required by the
City of Eagle for this class (if applicable).
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