HomeMy WebLinkAboutContracts & Agreements_97-96_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 3—_(I day of September
1996 by and between the City of Redlands, a municipal corporation (hereinafter "City")
and Danny R. LaMaster, an individual, (hereinafter "Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting a
group canine obedience 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 canine obedience
programs;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
City of Redlands and Danny R. LaMaster hereby agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby authorizes Contractor to develop and conduct a canine obedience
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 canine program shall include training for youth and adult participants.
Programs may be scheduled one evening per week on the Community Center tennis courts.
Tennis courts shall be left clean upon completion of each class.
C. As compensation for conducting the canine obedience 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 continue to maintain Redlands Business
license No. 493875 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. Hold Harmless. Contractor shall complete a Finance Department Special
Event/Facility Use Permit Agreement and file executed document with Finance Director.
Contractor shall require all participants to sign a Hold Harmless Agreement prior to beginning
contract classes and submit originals to Finance Director. Copies of Executed Hold Harmless
Agreements shall also be provided to Administrative Services Department designee.
Contractor shall hold classes within the fenced area of the tennis courts and shall
restrict access to this training area to participants and their dogs and the trainer(s). Spectators
shall not be allowed within the training area.
Section 9. Attornevs' 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 REDLANDS
f
r Date September 16, 1996
� Y",�
wen Larson, Mayor
ATTEST:
Date September 16, 1996
I.orrie oyzer, QwWerk
CONTRACTOR:
Date —
Danny R. EWaster, Contractor