HomeMy WebLinkAboutContracts & Agreements_144-2000_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 19th day of
December 2000 by and between the City of Redlands, a municipal
corporation (hereinafter "City") and Estella Santacruz (hereinafter
"Contractor") .
RECITALS
WHEREAS, Contractor has expressed an interest in developing
and conducting Computer Classes 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 Computer classes;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Estella Sant-acruz hereby agree as
follows:
AGREEMENT
Section 1. Services .
A. City hereby authorizes Contractor to develop and conduct
Computer Classes for the 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 her ability
and in an efficient, safe and competent manner.
B. The Computer Class shall include learning basic computer
skills. Programs will be scheduled during the morning hours on
Mondays, Wednesday and Fridays in the Community Senior Center
Computer Lab Room. Facilities shall be left clean upon completion
of each class .
C. As compensation for conducting the Computer Classes,
City shall register participants and colleclE, 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 payment of 100% of any approved refund
fees to qualified participants :_.Lpants . 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-Lons 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 . Estella Santacruz 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
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. Insurance. Contractor shall provide insurance
coverage for program participants as specified in the City' s
contract with Southern California a Municipal Athletic Federation
for recreation programs . Contractor shall be responsible for
paying all costs associated with insurance coverage.
(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 reduced or 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 OF REDLANDS:
40
Date December 19, 2000
Pat Gilbreath, Mayor
ATTEST:
Lorre Poyzer/", / ty Clerk
V/
CONIT'RACTOR:
Estella Santacruz