HomeMy WebLinkAboutContracts & Agreements_48-1994_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this ' 2 0 t day of December , 1994 by and
between the City of Redlands, a municipal corporation (hereinafter "City") and Ellen Kairot, an
individual, (hereinafter "Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing a pre-need sales and
service program for City's Hillside Memorial Park Cemetery; and
in
WHEREAS, City currently administers pre-need and at-need sales at Hillside Memorial
Park and is desirous of revising its marketing program to increase revenues and more efficiently
operate its cemetery; and
WHEREAS, Contractor has represented to City that she has experience, special knowledge
and expertise in pre-need sales programs for cemeteries;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Ellen Kairot hereby agree as follows:
Agreement
Section 1. Services. City hereby engages Contractor to undertake and perform a pre-need
sales program for City's Hillside Memorial Park Cemetery. Contractor shall determine the
method, details and means of performing the above-described services and advise City of the same
prior to commencing any work under this Agreement. Contractor further agrees to perform such
services to the best of her ability and in an efficient, safe and competent manner.
Section 2. Payment for Services. In exchange for Contractor's services hereunder, City
shall pay Contractor a commission at the percentages of the established City fee for each item sold
by Contractor during the term of this Agreement as follows:
210% of cost for pre-need property sales, endowment not included;
20% of cost for complete pre-developed package sales;
14% of cost for pre-need vaults, marker installations and vases:
5% of cost for pre-need openings and closing.
Section 3. 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
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Agreement shall be interpreted or construed as creating, or establishing a relationship of employer
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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 4. Business License. Contractor shall obtain a City of Redlands business license
as a condition of performing the services required hereunder.
Section 5. Termination. Either party hereto shall have the right to terminate this
Agreement, with or without cause, upon thirty (30) days prior written notice.
Section 6. Indemnity Contractor shall defend, indemnify and hold City, its elected
officials, officers, employees and agents harmless from and against any and all 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 her 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. 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.
�i CITY OF REDLANDS
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� Date December 20, 1994
Sen Larson, Mayor
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ELLEN KAIROT, an Individual
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Ellen Kairot
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