HomeMy WebLinkAboutContracts & Agreements_90a-1999_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 215t day of
September 1999 by land between the city of Redlands, a municipal
corporation (hereinafter "City") and Catherine Dicus (hereinafter
"Contractor") .
RECITALS
WHEREAS, Contractor has expressed an interest in developing
and conducting a performing group class in music, dance, theater
and showmanship, for the City of Redlands Recreation Bureau; and
WHEREAS, Contractor has represented to City that it has the
requisite experience, special knowledge and expertise similar to
others in the industry conducting performing arts classes;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Contractor hereby agree as follows:
AGREEMENT
Section 1. Services . develop and conduct
A. City hereby authorizes Contractor to
dance and theater classes for City' s Recreation Bureau.
Contractor shall determine the method, details and means of
performing the above-described services and shall advise City of
the same prior to commencing any activities under this Agreement.
Contractor further agrees to perform such services to the best of
its ability and in an efficient, safe and competent manner.
B. The performing arts class shall include singing,
dancing, vocal training and showmanship. Programs may be
scheduled one or two days per week in the Community Center Multi-
purpose room. Facilities shall be left clean upon completion of
each class .
C. As compensation for conducting a performing arts class,
City shall register participants and collect registration fees for
participants in Contractor' s program. City shall pay Contractor
seventy-five percent (75%) of the fees collected no later than
fourteen days after the registration period ends . Contractor
shall be responsible for payment of 100% of a refund fee to
qualified participants . City shall have no obligation for
refunds.
Section 2 . Independent Contractor. It is the express
intention of the parties hereto that Contractor is an independent
contractor and not an employee or agent of City. Nothing in this
Agreement shall be interpreted or construed as creating or
establishing a relationship of employer and employee between
Contractor and City. Both parties acknowledge that Contractor is
not an employee for State tax, Federal tax or any other purpose.
Section 3. Contractor' s Employees . A listing of all
Contractor's employees and agents who may participate in the
performance of Contractor' s obligations hereunder is attached
hereto as Exhibit "A" and incorporated herein by this reference.
No other employees or agents of Contractor shall participate in
the performance of services hereunder without the prior written
consent of City.
Section 4 . Business License. Contractor shall obtain a
Redlands Business license, as a condition of performing the
services required hereunder.
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. 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 attorney' s fees and other legal expenses, arising
directly or indirectly from any act or omission of Contractor in
performing its services hereunder.
Section 7 . Entire Agreement/Modification. This Agreement
represents the entire Agreement of the parties hereto as to the
matters contained herein. Any modification of this Agreement will
be effective only if it is in writing and signed by the parties
hereto.
Section 8 . 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 9. Insurance. Contractor shall obtain and maintain
during the tent of this Agreement all insurance required by this
Section and shall submit to City, concurrent with execution of
this Agreement, Certificates of Insurance evidencing the fact that
such insurance is in farce. Acceptance of the Certificates by
City shall not relieve Contractor of any of the insurance
requirements contained herein, nor decrease the liability of
Contractor.
(a) Workers' compensation and employer' s liability
insurance.
(b) Comprehensive automobile and general liability insurance
in amounts not less than $500, 000 for each. Such insurance shall
not be reduced or cancelled unless thirty (30) days prior- written
notice is provided. to City.
(c� City shall be named as an additional insured on all
policies and such insurance shall be primary and non-contributing
to any insurance or self-insurance maintained by City.
Section 10. 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 ,
CITY OF REDLAND
Date Sept„ 21, 1999
4W' 1i m E. C ingha; Mayor
ATTEST:
Z:orre Poy , City C lr
CONTRACTOR:
OR:
x
to
Date
Catherine Dicus