HomeMy WebLinkAboutContracts & Agreements_96-96_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 3rd day of Septemberl 99 6 by and
between the City of Redlands, a municipal corporation (hereinafter "City") and Joann Sepp, RN, an
individual, (hereinafter "Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting Senior Health
Education classes for adults for the City of Redlands Recreation Division; and Joann Sepp, RN.
WHEREAS, Contractor has represented t) City that she has the requisite experience, special
knowledge and expertise similar to others in the industry conducting Senior Health Education
classes;
NOW, THEREFORE, in con4deration of the mutual promises contained herein, the City of
Redlands and Joann Sepp, RN, hereby agree as follows:
AGREEMENT
Section L Services.
A. City hereby authorizes Contractor to develop and conduct Senior Health Education
classes for City's Recreation Division. 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 agrecs to perform such services to the best of her
ability and in an efficient, safe and competent manner.
B. The Senior Health Education classes shall entail training for adults- Programs may
be scheduled during regular business hours in a Joslyn Senior Center classroom. Facilities shall be
left clean upon completion of each class.
C. As compensation for conducting the Senior Health Education 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, A listing of all Contractor's employees and agents who
w
may participant 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 4. Business License Contractor shall obtain 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(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. Indemni1y. 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 cc 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 maturs 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 attemped 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 obtain and maintain during the L-rm of this Agreement
all insurance required by this Section and shall submit to City, concurrent with execution of this
Agreement, Certificates of Insurance evidencing the fact that such insurance is in force. Acceptance
1.
of the Certificates by City shall not relieve Contractor of any of theinsurance 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 reduced or canceled 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. Attorney's Fees Inthe event any action is commenced to enforce or interpret
the terms or conditions of this Agreement to prevailing party shall, in addition to any costs or other
relief, be entitled to recover its reasonable attorneys' fees.
CITY OF REDLANDS
Date September 3, 1996
Swen Larson,14ayor
ATTEST:
Lo`rrieI
oyzer.- C't)Wk
Date
Jcin Sepp, RN, Con-6,f6ior' Signee