HomeMy WebLinkAboutContracts & Agreements_212-2005_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 1st day of
November 2005 by and between the City of Redlands, a municipal
corporation (hereinafter "City" ) and Heather Conyers (hereinafter
"Contractor" ) .
RECITALS
WHEREAS, Contractor has expressed an interest in teaching Art
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 Art Classes ; and
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Contractor hereby agree as follows :
AGREEMENT
Section 1 . Services .
A. City hereby authorizes Contractor to develop and conduct
Art Classes 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 Art Classes will allow patrons to have an
opportunity to explore the art making process . Programs may be
scheduled once a week in the Community Center classroom.
Facilities shall be left clean upon completion of each class .
As compensation for conducting the Art Classes, City shall
register participants and collect 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 a refund fee to
qualified participants . 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 . Reporting Damages . If any damage (including
death, personal injury or property damage) occurs in connection
with the performance of this Agreement, Contractor shall
immediately notify the City' s Risk Management office by telephone
at 909 798-7679 , and Contractor shall promptly submit to the
City' s Risk Manager and the City' s Authorized Representative, a
written report (in a form acceptable to the City) with the
following information: (a) name and address of the injured or
deceased person(s) , (b) name and address of witnesses, (c) name
and address of Contractor' s insurance company, and (d) a detailed
description of the damage and whether any City property was
involved.
Section 5 . Business License. Contractor shall obtain a
Redlands Business license, as a condition of performing the
services required hereunder .
Section 6 . Termination. City shall have the right to
terminate this Agreement, with or 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 ght to terminate this
Agreement .
Section 7 . 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
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performing its services hereunder .
Section 8 . Entire Agreement/Modification. This Agreement
re-Presents 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 9 . 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 10 . 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 11 . 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:
i)
K"IDate Nov. 1, 2005
Sus n Peppier, a or
ATTEST:
Lor ie Poyzeqty Clerk
CONTRACTOR:,,,
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Date b 6
Heather Conyers