HomeMy WebLinkAboutContracts & Agreements_56-2000_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 6th day of June
2000 by and between the City of Redlands, a municipal corporation
(hereinafter "City" ) and Elaine Solis (hereinafter "Contractor" ) .
RECITALS
WHEREAS, Contractor has expressed an interest in developing
and conducting 'All Occasion Gift Baskets and Craft Class'
for the City of Redlands ' Recreation Bureau; and
WHEREAS, Contractor has represented to City that it has the
requisite experience, special knowledge and expertise similar to
others in the industry conducting an 'All Occasion Gift Baskets
and Craft Class; '
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Elaine Solis hereby agree as
follows :
AGREEMENT
Section 1 . Services .
A. City hereby authorizes Contractor to develop and conduct
a creative craft class for City' s Recreation Bureau. 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 'All Occasion Gift Baskets and Craft Class' is based
on teaching creative basket design for holidays and all occasions .
Programs will be scheduled every other week in the Joslyn Senior
Center Classroom 2 . Facilities shall be left clean by contractor
upon completion of each class .
C . As compensation for conducting the 'All Occasion Gift
Baskets and Craft Class, ' 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
submitting an invoice for payment to the city. 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 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, 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 Aareement/Modif-ication. This Agreement
4 p -
represents the entire Agreement of the art-Les hereto as to the
matters contained herein . Anv modification of this Agreement will
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 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 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 OF REDLANDS:
Date June 6, 2000
Pat Gilbreath, Mayor
ATTEST :
Lorrielpoyzetty Clerk
C20NTIR
TO :
Date z�
Elaine Solis