A. Provide use of Holliday Park & United Nations tennis facilities owned and maintained by the City as set forth herein.

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1 CONTRACT BETWEEN THE CITY OF CHEYENNE AND JOSH COSSITT, TENNIS PROFESSIONAL FOR TENNIS INSTRUCTION SERVICES AT CITY TENNIS FACILITIES FOR THE CITY OF CHEYENNE RECREATION DIVISION. 1. Parties. The parties to this Contract are the City of Cheyenne, a municipality duly organized and existing under the laws of the State of Wyoming, hereafter City, whose address is 2101 O Neil Avenue, Cheyenne, Wyoming 82001, and Josh Cossitt, hereafter Professional, whose mailing address is 4930 King Arthur Way, Apt D, Cheyenne, Wyoming Purpose of Agreement. The purpose of this Contract is to permit the Professional to provide tennis services and programs to the community of Cheyenne. 3. Term. This Contract is effective when all parties have executed it and all approvals have been granted. The term of this Contract shall be from May 15, 2010 through September 31, Payment. The Professional agrees to pay the City $ for the ability to render services on the public courts. No payment shall be rendered for services performed prior to the effective date of this Contract. Said payment shall be made by August 31, City s Responsibilities. The City shall: A. Provide use of Holliday Park & United Nations tennis facilities owned and maintained by the City as set forth herein. B. Provide a storage shed at the Holliday Park tennis facility. C. Provide advertising for all tennis related programs and services to include, but not limited to, space allocated in the winter/spring and summer publications, news releases, brochure development and website advertising. D. Maintain Holliday Park & United Nations tennis facilities and structures. E. Provide access to Holliday Park & United Nations message boards located at each City owned tennis facility for the purpose of tennis class advertising and scheduling. F. Provide equipment for use to maintain the court surfaces to include, but not limited to, roll drys and (1) leaf blower for use at all facilities to be stored at Holliday Park tennis storage facility. G. With assistance from the Professional, actively pursue grants and funding from outside sources to improve and expand the current tennis facilities, including a permanent tennis pro-shop building to be located in Holliday Park. 1

2 6. Professional s Responsibilities. The Professional shall: A. Provide adult and youth group and individual tennis lessons, adult and youth tennis leagues, and adult and youth tennis tournaments under the direction of the City. B. Provide all staff and pay all fees and taxes associated with said staff. C. Provide all teaching supplies. D. Provide for daily maintenance of all court surfaces to include sweeping, net inspections, leaf blowing and general trash clean up. The Professional shall also report all vandalism and maintenance beyond general cleaning to the Recreation Division. E. Provide scheduling services for Holliday Park & United Nations tennis courts to include, but not be limited to, tournament scheduling, as well as group and private lesson scheduling. 7. General Provisions. A. Amendments. Any changes, modifications, revisions or amendments to this Contract which are mutually agreed upon by the parties to this Contract shall be incorporated by written instrument, executed and signed by all parties to this Contract. B. Applicable Law. The construction, interpretation and enforcement of this Contract shall be governed by the laws of the State of Wyoming. The courts of the State of Wyoming shall have jurisdiction over this Contract and the parties, and the venue shall be in the First Judicial District, Laramie County, Wyoming. C. Compliance with Laws. The Professional shall keep informed of and comply with all applicable federal, state and local laws and regulations in the performance of this Contract. D. Entirety of Contract. This Contract consisting of five pages represents the entire and integrated Contract between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral. E. Force Majeure. Neither of the parties to this Contract shall be liable for failure to perform under this Contract if such failure arises out of causes beyond control, and without the fault or the negligence of such party. Such causes may include, but are not limited to, Acts of God or the public enemy, fire, flood, epidemic, quarantine 2

3 restrictions, freight embargoes and unusually severe weather. In every case, however, a failure to perform must be beyond the control and without the fault or the negligence of the non-performing party. F. Indemnification. In entering into this Contract, the Professional agrees to defend, hold harmless, and indemnify the City of Cheyenne, its officials, employees and authorized volunteers against any and all claims and costs, including attorney s fees, arising during or resulting from the Professional s performance of the contract, and shall carry insurance as set forth in these contract documents. The Professional acknowledges his understanding of this paragraph and realizes he may have a financial responsibility to the City. The City does not waive any applicable defenses and expressly reserves the right to invoke governmental immunity pursuant to the Wyoming Governmental Claims Act, Wyo. Stat , et seq. for any claim arising out of performance of this Contract. G. Insurance Requirements. The Professional must provide proof of the following insurance coverages: 1. Commercial General Liability Insurance. For claims arising out of bodily injury, illness or death, or from damage to or destruction of property of others, including loss or use thereof, with minimum limits of $250,000 per claimant, $500,000 per occurrence for the entire term of the Contract. 2. Business Automobile Insurance. Including owned, non-owned and hired vehicles with minimum limits for bodily injury and property damage of $500,000 per occurrence for the entire term of the Contract. 3. Workers Compensation. Workers Compensation coverage shall be in effect, as required by Wyoming law, for all employees or agents providing services under this Contract. Professional shall provide the City with proof of workers compensation or employer s liability insurance coverage. 4. Additional Insurance Information. The Professional shall name the City of Cheyenne as an Additional Insured by endorsement on its insurance policies, with the exception of worker s compensation, and shall provide the City with a copy of the endorsements. Professional shall also carry insurance to cover loss of equipment and goods stored at the Holiday Park Tennis Courts. Professional shall provide the City with certificates of insurance acknowledging the above-stated coverages prior to beginning any work under this Contract. 3

4 It is understood and agreed that these policies are primary and not contributory. All insurance certificates provided by consultant must include a clause stating that the insurance may not be canceled, amended or allowed to lapse without at least thirty (30) days advance written notice to the City of Cheyenne. In addition, Professional shall provide the City with copies of insurance policies and /or policy endorsements listing the City of Cheyenne as an additional insured. The City s failure to request or review such policies, endorsements, and certificates shall not affect the City s rights or Professional s obligation hereunder. Any insurance company providing coverage under this Contract shall have a minimum A. M. Best rating of A- (excellent). G. Independent Contractor. The Professional shall function as an independent contractor for the purposes of this Contract. The Professional shall assume sole responsibility for any debts or liabilities that may be incurred by the Professional in fulfilling the terms of this Contract. Nothing in this Contract shall be interpreted as authorizing the Professional or his agents or employees to act as an agent or representative of or on behalf of the City or to incur any obligation of any kind on the behalf of the City. The Professional shall pay any and all taxes which are or may become due in connection with performance of this Contract including, but not limited to, local, state and federal taxes. H. Notice. All notices arising out of or from the provisions of this Contract shall be in writing and given to the parties either by regular mail or delivery in person. I. Prior Approval. This Contract shall not be binding upon either party, no services shall be performed under the terms of this Contract nor shall payment be made until this Contract has been reduced to writing and approved by all necessary authorities. J. Governmental Immunity. The City of Cheyenne expressly reserves the right to invoke governmental immunity for any claim arising out of this Contract pursuant to the Wyoming Governmental Claims Act, Wyo. Stat , et seq. K. Termination. Either party may terminate this Contract for cause without liability in the event the other party fails to perform, provided the non-terminating party is first notified of the breach and given a 30 day period to cure any breach. The City may terminate this Contract without cause upon 15 days written notice, provided it pays the Professional for accepted services and materials to that date. The Professional may terminate this Contract without cause upon 15 days written notice, contingent upon provided all funds paid the Professional by the City are returned. 4

5 9. Signatures. In witness thereof, the parties to this Contract, through their duly authorized representatives, have executed this Contract on the days and dates set out below and certify that they have read, understood and agreed to the terms and conditions of this Contract. The Contract date is the date of the last signature affixed to this page. Professional Josh Cossitt, as an Individual TIN: CITY OF CHEYENNE Richard L. Kaysen, Mayor Date: ATTEST: Carol Intlekofer, City Clerk 5