HomeMy WebLinkAboutContracts & Agreements_195-2011_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This agreement for conducting a living legacy services program("Agreement") is made and
entered into this 20'h day of December, 2011 ("Effective Date")by and between the City of
Redlands, a municipal corporation(hereinafter"City") and Ariel Hollender, an individual
(hereinafter"Contractor"). City and Contractor are sometimes individually referred to herein as a
"Party"and, together, as the "Parties."
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting a living
legacy services program for City's Recreation Division; and
WHEREAS, Contractor has represented to City that it has the requisite experience, special
knowledge and professional expertise similar to others in the recreation industry who conduct
similar er
enrichment programs;
NOW,THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and Ariel Hollender agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby engages Contractor to develop and conduct a living legacy services for
City's Recreation Division(the "Services"). The living legacy services program shall be conducted
at the Redlands Community Senior Center. Contractor shall determine the method,details and
means of performing the Services and shall advise City of the same prior to the provision of any
Services under this Agreement. Contractor further agrees to perform the Services to the best of its
ability and in an efficient, safe and competent manner.
B. The Services may be scheduled by Contractor for any times, during week days,
depending upon the availability of the Redlands Community Senior Center facility.
C. As compensation for providing the Services City shall register participants and
collect registration fees for participants in Contractor's program. City shall pay Contractor seventy
percent(70%)of the fees collected no later than twenty-one days after the registration period ends.
Contractor shall be responsible for payment of 100%of the fees paid by a participant in connection
with any refund to the participant. City shall have no obligation for refunds.
Section 2. Independent Contractor. It is the expressed intention of the Parties that
Contractor is and shall remain during the term of this Agreement, an independent contractor and
not be an employee or agent of City. Nothing in this Agreement shall be interpreted or construed
as creating or establishing the relationship of employer and employee between Contractor and City.
The Parties acknowledge that Contractor is not a City employee for State tax, Federal tax or any
other purpose.
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Section 3. Contractor's Employees. No other employees or agents of Contractor shall
participate in the performance of the Services without the prior written consent of City.
Section 4. Business License. Contractor shall obtain a City of Redlands business license as
a pre-condition of performing the Services.
Section 5. Termination. City shall have the right to terminate this Agreement,with or
without cause,upon twenty(20)days prior written notice to Contractor. City shall have no liability
for any claims or damages resulting to Contractor as a result of any exercise by City of its right to
terminate this Agreement.
Section 6. Notices. All notices shall be given in writing by personal delivery or by mail.
Notices, sent by mail should be addressed as follows:
City: Fred Cardenas, Director
Quality of Life Department
City of Redlands
PO Box 3005
Redlands, CA 92373
Contractor: Ariel Hollender
26200 Redlands Blvd. Unit 126
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to whom notices and payments are
to be given by giving notice pursuant to this section.
Section 7. Indemnity. Contractor shall defend, indemnify and hold City, its elected
officials, officers,employees and agents harmless from and against any and all actions,damages,
losses, causes of action and liability imposed or claimed relating to the injury or death of any
person or damage to any property, including attorneys' fees and other legal expenses,arising
directly or indirectly from any negligent act or omission of Contractor in performing the Services.
Section 8. Entire Agreement/Amendment. This Agreement represents the entire
Agreement of the Parties as to the matters contained herein. Any amendment of this Agreement
shall be effective only if it is in writing and signed by the Parties.
Section 9. Assignment. This Agreement shall not be assigned without the prior written
consent of City. Any assignment, or attempted assignment, without such prior consent, shall be
null and void and,at the option of City, result in the immediate termination of this Agreement.
Section 10. Insurance. Contractor shall provide insurance coverage for program
participants as specified in the City's contract with Southern California Municipal Athletic
Federation for recreation programs. Contractor shall be responsible for paying all costs associated
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with insurance coverage. Contractor shall obtain and maintain during the term of this Agreement
all insurance required by this Section and shall submit to City certificates of insurance and
appropriate endorsements evidencing that the insurance is in force and effect. Evidence of such
insurance shall be provided to City concurrent with Contractor's execution of this Agreement.
Acceptance of the certificates by City shall not relieve Contractor of any of the insurance
requirements contained herein, nor decrease the liability of Contractor.
Section 11. Attorneys' Fees. In the event any action is commenced to enforce or interpret
the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs or
other relief,be entitled to recover its reasonable attorneys' fees, including fees for use of in-house
counsel by a Party.
Section 12. Hold Harmless and Indemnification. Contractor shall indemnify,hold harmless
and defend City and its elected officials, employees and agents from and against any and all claims,
losses or liability, including attorneys' fees, arising from injury or death to persons or damage to
property occasioned by any negligent act, omission or failure to act by Contractor,its employees
and agents in performing the Services.
CITY OF REDLANDS CONT CTOR
kA 5-
Pete Aguilar,Mayor Ael Hollendef
ATTEST:
Sam Irwin, Vlitytlerk
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