HomeMy WebLinkAboutContracts & Agreements_38-2010_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This agreement for the provision of guitar lessons("Agreement") is made and entered into
this 16th day of March, 2010 ("Effective Date")by and between the City of Redlands, a municipal
corporation (hereinafter"City")and Frank Velasquez, at, individual (hereinafter"Contractor").
City and Contractor are sometimes individually referred to herein as a"Party"and, together, as the
"Parties."
RECITALS
WHEREAS,Contractor has expressed an interest in developing and conducting guitar
lessons for City's Recreation Division; and
WHEREAS, Contractor has represented to City that it has the requisite experience, special
knowledge and professional expertise similar to others in the recreation industry who conduct such
lessons;
NOW, THEREFORE, in consideration of the mutual promises contained herein,the City of
Redlands and Frank Velasquez agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby engages Contractor to develop and conduct guitar lessons for City's
Recreation Division (the"Services"). The guitar lessons shall be conducted at the Redlands
Community Center. Contractor shall determine the method, details and means of performing the
Services and shall advise City of the same prior to the provision of any Services under this
Agreement. Contractor further agrees to perform the Services to the best of its ability and in an
efficient, safe and competent manner.
Ba Services inav be scheduled bv Contractor for an times, during week days,
depending upon the availability of the Redlands Community Center facility.
C. City shall register participants and collect registration fees from the participants in
Contractor's program. City shall pay Contractor seventy percent(70%)of the fees collected no
later than twenty-one (21)days after the registration period ends. City shall retain thirty percent
(30%)of the fees collected. Not withstanding this percentage fee sharing arrangement, Contractor
shall be responsible for payment of one hundred percent(100%)of the fees paid by a participant in
connection with any refund to the participant. City shall have no obligation or liability for refunds.
Section 2. Independent Contractor. It is the expressed intention of the Parties that
Contractor is, and shall remain during the term of this Agreement, an independent contractor and
not be deemed an employee or agent of City for any purpose. Nothing in this Agreement shall be
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interpreted or construed as creating or establishing the relationship of employer and employee
between Contractor and City. The fatties acknowledge that Contractor is not a City employee for
Mate tax Federal tax or any other purpose.
Section s. Contractor`s Ernoloyees. No employees or agents of Contractor shall participate
in the performance of the Services without the prior written consent of City.
Section 4. Business License. Contractor shall obtain a City of Redlands business license as
a pre-condition of performing the Services.
Section 5. Termination. City shall have the right to terminate this Agreement upon twenty
(20)days prior written notice to Contractor. City shall have no liability for any damages resulting
to Contractor as a result of any exercise by City of its right to terminate this Agreement.
Section 6. Entire A eement/Amendrnent.. This Agreement represents the entire
Agreement of the Parties as to the matters contained herein. Any amendment of this Agreement
shall be effective only if it is in writing and signed by the parties.
Section 7. Accionme,nt. 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 tennination of this Agreement.
Section 8. 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 such
insurance coverage from Contractor's percentage of the reservation fees collected for the program.
Contractor shall obtain and maintain ,luring the term of this Agreement all insurance r wired by
this Section and shall submit to City certificates of insurance and appropriate endorsements
evidencing g that the insurance is in force and effect. Evidence of such insurance shall be provided
to City concurrent with Consultant's execution of this Agreement. Acceptance ofthe certificates
by Cite shall not relieve Contractor of any of the insurance requirements contained herein, nor
decrease the liability of Contractor.
(a) ffapplicable, workers' compensation and employer's liability insurance for its
employees throughout the terms of this Agreement pursuant to Labor Code Sections
1860 and 3)700, and in amounts which satisfy statutory requirements.
(b) Business automobile liability coverage with minimum limits of One Million Dollars
($1,000,000)per occurrence, combined single limit for bodily injury liability and
property damage liability.
Section 9. 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
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other relief. be entitled to recover its real onableatter meys' fees, including fees for use of;n-house
counsel by a Party.
Section 10. Hold Harmless and Indemnification, Contractor shall indemni6r, hold harmless
and defend City and its elected officials,employees and agents from and against any and all claims,
losses or liability, including attorneys' fees, arising from injury or death to persons or damage to
property occasioned by any negligent act, omission or failure to act by Contractor, its employees
and agents in performing the Services.
CITY OF REDLANDS
1_1�5�- 'e,jlDate March 16, 2010
Pat Gilbreath, Mayor
ATTEST:
S nIrvin, City lark
CONTRACTOR:
Dat
Frank "'lasquez e-42-N-21h_0
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