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Home My WebLink AboutContracts & Agreements_202-2005_CCv0001.pdf INDEPENDENT CONTRACTOR AGREFYXNT This Agreement is made and entered into this 18th day of October 2005 by and between the City of Redlands, a municipal �L corporation (hereinafter ,City") and Eileen Vance (hereinafter "Contractor") . RECITALS WHEREAS, Contractor hasexpressed an interest in teaching Craft Classes, for the City of Redlands Recreation Bureau; and WHEREAS, Contractor has represented to city that it has the U4 knowledge and expertise similar to requisite experience, special others in the industry conducting Craft (Classes; and - NOW, THEREFORE, in consideration 0-` the mutual promises contained herein, the city and Contractor hereby agree as follows: AGREEMENT Section 1. Services . develop and conduct A. city hereby authorizes Contractor to shall Craft Classes for City' s Recreation Bureau. Contractor determine the method, details and means of performing the above- described services and shall advise City of the same prior toI 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 Craft Classes shall include a variety of handmade projects to include supplies, equipment and written instructions . Programs may be scheduled once a week in the community Senior L Center Multi- Purpose room or small classroom. Facilities shall be l -Left clean upon completion of each class. As compensation for conducting the Craft Classes, (fees ity shall lfor register participants and collect registration participants in Contractor' s program. city shall paoy later than Contractor seventy-five percent (75%) of the fees collected n 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 Cont-ractor 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., shall participate in No other employees or agents of Contractor the performance of services hereunder without the prior written consent of City. Section 4 . Reporting Damages. If any damage (including connection death, personal injury or property damage) occurs in connshall with the performance of this Agreement, Contractor immediately notify the City' s Risk Management Office by telephone at 909 798-7679, and Contractor shall promptly submit to the City' s Risk Manager and the City' s Authorized Representative, a written report (in a form acceptable to the City) with the following information: (a) name and address of the injured or deceased person (s) , (b) name and address of witnesses, (c) name and address of Contractor' s insurance company, and (d) a detailed description of the damage and whether any city property was involved. Section 5. Business License. Contractor shall obtain a Redlands Business license, as a condition of performing the services required hereunder. Section 6. 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 C4 result of any exercise by City Of its right to terminate this Agreement. Section 7 . 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 4 omission of Contractor in directly or indirectly from any act or performing its services hereunder. Section 8 . 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 9. 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 10. Insurance. Contractor shall provide insurance coverage for program participants as specified in the City' s contract with Southern California Municipal Athletic Federation for recreation programs. Contractor shall be responsible for paying all costs associated with insurance coverage. Section 11. 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 RE�D�ANDS: Date October 18, 2005 Giloerto Gil Mayor Pro Tem AR'I'ES Z": 'Be�trice, Sanchez, Deputy Giiy�erk CONT TOR Date zy—) File Vance Ag,reement - Right of-Wqy improvements - On motion of Councilmember Councilmember e, the City Council approved, by Harrison, seconded by Counc, CGeorg, AYE votes of all present, an agreement for design and construction of public right-of-way improvements with Mountainview Power Company, LLC and authorized the Mayor Pro Tern to execute, and the Deputy City Clerk to attest to, the document on behalf of the City. Independent .Contractor Agreement - Eileen Vance - On motion of Councilmember George, seconded by Councilmember Harrison, the City Council approved, by AYE votes of all present, an independent contractor agreement with Eileen Vance for craft classes and authorized the Mayor Pro Tem to execute, and the Deputy City Clerk to attest to, the document on behalf of the City. Funds - COPS Grant - On motion of Councilmember Harrison, seconded by Councilmember George, the City Council accepted the United State Department of Justice COPS 2005 Technology grant and authorized an additional appropriation in the amount of $739,982.00 to replace the computer-aided dispatch and records management software,by AYE votes of all present. Funds - Agreement - School Crossing Guard - on motion of Councilmember Harrison, seconded by Councilmember George, the City Council approved, by AYE votes of all present, an addendum to the current agreement with All-City Management for crossing guard services to add one crossing guard at E. M. Cope Middle School, authorized the Mayor Pro Tern to execute, and the Deputy City Clerk to attest to, the document on behalf of the City, and approved, by AYE votes of all present, an additional appropriation in the amount of 57,932.00. MOU - University of Redlands - On motion of Councilmember Harrison, seconded by Councilmember George, the City Council approved, by AYE votes of all present a memorandum of understanding with the University of Redlands allowing the University of Redlands Department of Public Safety Officers to exercise powers of arrest during the course of their employment. Bid Award - Networking Equipment - On motion of Councilmember Harrison, seconded by Councilmember George, the City Council approved, by AYE votes of all present, award of a bid for the purchase of Cisco networking equipment to Federal Network Services, Inc. for an amount not to exceed $70,978.80. Pre-Disaster Mitigation Grant Application - Detention Basin - On motion of Councilmember Gilbreath, seconded by Councilmember Harrison, the City Council authorized, by AYE votes of all present, staff to apply for 2006 Pre- Disaster Mitigation Grant funding for the acquisition of a 38-acre parcel of land October 18,2005 Page 2