HomeMy WebLinkAboutContracts & Agreements_25-2003_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 18th day of
February 2003 by and between the City of Redlands, a municipal
corporation (hereinafter "City") and Frederick Demke (hereinafter
"Contractor" ) .
RECITALS
WHEREAS, Contractor has expressed an interest in developing
and conducting Computer Literacy Classes for the City of Redlands '
Recreation Bureau, and the Community Senior Center .
WHEREAS, Contractor has represented to City that it has the
requisite experience, special knowledge and expertise similar to
others in the industry conducting Computer Literacy classes .
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Fredrick Demke hereby agree as
follows :
AGREEMENT
Section 1 . Services .
A. City hereby authorizes Contractor to develop and conduct
a Computer Literacy 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 Computer Literacy Classes are entirely based on the
fundamental principles of Computer Literacy. Programs will be
scheduled twice a week in the Community Center Resource Room.
Facilities shall be left clean by contractor upon completion of
each class .
C . As compensation for conducting these classes, City shall
register participants and collect registration fees for
participants in Contractor ' s program. City shall pay Contractor
seventy-five percent (75a) of the fees collected no later than
fourteen days after the registration period ends . Contractor
shall be responsible for submitting an invoice to the City for
payment . 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 . 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 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 .
C`ITTYY OF REDLAN
Date February 18, 2003
Kasey Haws, Mayor
ATTEST :
6L�, �Z"Z- �) —
Lorr Poyzer, i y Clerk
CONTRACTOR:
DATED January 31, 2003
redrick Demke