HomeMy WebLinkAboutContracts & Agreements_60-2004_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 20th
day of April
2004 by and between the City of Redlands, a municipal corporation
(hereinafter "City" ) and Cathy Bruns (hereinafter "Contractor" ) .
RECITALS
WHEREAS, Contractor has expressed an interest in developing
and conducting a Youth Basketball Program, 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 Youth Basketball Program;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Contractor hereby agree as follows :
AGREEMENT
Section 1 . Services .
A. City hereby authorizes Contractor to develop and conduct
a Youth Basketball Program 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 Youth Basketball Program shall teach boys and girls
the fundamentals of basketball and team play. The class would
meet once a week, Mondays from 5 : 00-8 : 00 p.m. in the Redlands
Community Center Gymnasium.
C. As compensation for conducting the Youth Basketball
Program, 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 .
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
,A.
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 .
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Section 9 . Insurance. 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 in
force. Evidence of such insurance shall be provided to City
concurrent with 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.
(a) Worker' s compensation and employers liability
insurance.
(b) Comprehensive automobile and general liability insurance
in amounts not less than $500, 000 . 00 for each. Such
insurance shall not be 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 LANDS
Date April 20 , 2004
Mayor Pro Tem
ATTEST:
rrie Po r �Citycle`rk �
CONTRACTOR
Date
Cathy Bruns