HomeMy WebLinkAboutContracts & Agreements_80-96_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this lith day of August 1996 by and between
the City of Redlands, a municipal corporation (hereinafter "City") and Deanna Morenberg, an
individual, (hereinafter "Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting a group
stretch and tone 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 stretch and tone lessons;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Deanna Morenbercy hereby agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby authorizes Contractor to develop and conduct a stretch and tone
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 stretch and tone program shall include training for senior adult participants.
Programs may be scheduled two afternoons per week in the Senior Center Classroom. City
facilities shall be left clean upon completion of each class. Contractor shall be responsible for
all damage and repairs to city equipment.
C. As compensation for conducting the stretch and tone 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 100% of all 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.
Section 6. Indemnitv. 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.
In I
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 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
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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 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 4iF REDLANDS
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Date August 6 1996
Swen Larson, Mayor
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