HomeMy WebLinkAboutContracts & Agreements_28-1997_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 1st day of April, 1997 by and between the
City of Redlands, a municipal corporation (hereinafter "City") and Dana Lee Mathey, an
individual, (hereinafter "Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting a tennis
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 tennis programs;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Dana Lee Mathey hereby agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby authorizes Contractor to develop and conduct a tennis 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.
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B. The tennis program shall include training for juniors at Ford Park on Saturday
mornings and concluding by noon. City facilities shall be left clean upon completion of each
class.
C. As compensation for conducting the tennis 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 refunds to participants.
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.
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Section 6. kieninily. Contractor shall defend, indemnify and hold Citgo, its elected
officials,officers, byes and agents harmless from and against any and all actions, damages,
losses, causes;of action and liability imposed or claimed relating to the injury death of any
person or damage to any property, including attorney's lees and ether legal expenses, arising
directly or indirectly from any act or omission of Contractor in performing its services
hereunder.
N9qjLO-U— 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 he effective only if it is in writing and signed by the parties hereto.
& Assignment, This Agreement shall not be assigned without the prior
written consent of City. Any assignment, or attempted assignment, without such pier consent,
shall be null and void and, at the option of City, result in the immediate termination of this
Agreement-
aW-- n 9. 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 reli4 be entitled to recover its reasonable attorneys' fees.
CITE' OF REDLANDS.:
Date
April 1 19 ?
Swen I yor
ATTES' .
or` y c ty lerk
Date
Dana Lee Mathey, Contractor
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