HomeMy WebLinkAboutContracts & Agreements_41-1998_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 4th day of August, 1998 by and between the
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City of Redlands, a municipal corporation (hereinafter "City") and Gerald Hanson, an individual,
(hereinafter"Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in assisting the City in developing and
implementing a program to televise City sponsored events with TCI Cablevision, Inc. and
undertaking other activities in behalf of City relating to cable television; and
- WHEREAS, Contractor has represented to City that it has the requisite experience, special
knowledge and expertise similar to others in the industry in negotiating and preparing franchise
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agreements and consulting on matters relating to cable television;
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NOW,THEREFORE, in consideration of the mutual promises contained herein,the City of
Redlands and Gerald Hanson hereby agree as follows:
AGREEMENT
Section 1. Services. City hereby engages Contractor, with the assistance of City staff, to
develop and implement a program for the establishment of a local government cable television
channel to.... and perform other related cable television services for City. 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.
Section 2. Pavment for Services. As compensation for Contractor's services hereunder, City
shall pay Contractor the sum of two hundred fifty dollars ($250.00)per month.
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
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 4. Contractor's Accounting Contractor shall provide the City Manager of City
with a monthly written accounting during the term of this Agreement of the hours worked by
Contractor, the subject matter of the work performed, and any product produced as a result of such
work.
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Section,5..-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 b. Business License. Contractor shall obtain a City of Redlands business license as
a condition of performing any services required hereunder. A copy of such business license shall
be filed with the office of the City Manager.
Section 7. Tenn. The term of this Agreement shall be for twelve(12)months beginning July
1, 1998 through and including June 30, 1999.
Section 8_......Termination. City shall have the right to terminate this Agreement, with or
without cause,upon five (5) days prior written notice to Contractor.
Section 9........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 10. Entire.....Agreement/Modification. This Agreement represents the entire
Agreement of the parties hereto as to the matters contained herein. Any modification of this
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Agreement will be effective only if it is in writing and signed by the parties hereto.
Section 11. 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
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and void and, at the option of City, result in the immediate termination of this Agreement.
Section 12. Insurance. If requested by City, Contractor shall obtain and maintain during the
term of this Agreement, all insurance required by this Section and shall submit to City certificates
evidencing that such insurance is in force. Acceptance of the certificates by City shall not relieve
Contractor of any of the insurance requirements contained herein, nor decrease the liability of
Contractor.
(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 modified 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.
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Section 13. 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
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Date August 4, 1998
W111i E.Cunningham, Mayoj
ATTEST:
Date August 4, 1998
Lorrie IPoyzer, C'ty t�le
Date August 4, 1998
Gerald Hanson
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