HomeMy WebLinkAboutContracts & Agreements_86-1995_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this I 9th day of—December 199 5 by and
between the City of Redlands,a municipal corporation(hereinafter"City")and COMPUTERTOTS,
an educational business (hereinafter "Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting an early
computer education program for the City of Redlands Recreation Division; and
WHEREAS,Contractor has represented to City that it has the requisite experience, special
knowledge and expertise similar to others in the industry conducting early computer education
classes;
NOW,THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and COMPUTERTOTS hereby agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby authorizes Contractor to develop and conduct an early computer
education program for City's Recreation Division. 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 COMPUTERTOTS program shall include training for young participants three
years and older. Programs may be scheduled one day per week in the Community Center classroom.
Facilities shall be left clean upon completion of each class.
C. As compensation for conducting the COMPUTERTOTS 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
Z:� I
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 E=Iovees. 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 term 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 force.
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. AttQmevs' Fees, In the event any action is commenced to
I 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 REDLANDS
Ir j
00* L0001
Date December 19, 1995
Swen Larson, Mayor
ATTEST:
Lorr' Poyzer, C' , rk
Aigg
't 7
Date
Mary Coyn , Contractor' Signee g