HomeMy WebLinkAboutContracts & Agreements_34-1997_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 15th day of April, 1997 by and between the
K City of Redlands,a municipal corporation(hereinafter"City")and peri L. Dempster, an individual,
i (hereinafter "Contractor").
RECD
WHEREAS, Contractor has expressed an interest in developing and conducting a group
Modeling class for the City of Redlands Recreation Division; and
WHEREAS, Contractor has represented to City that it has the requisite expertise similar to
others in the industry conducting modeling classes;
NOW,THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and Keri L. Dempster hereby agree as follows:
AGREEMENT
Section 1 Service
A. City hereby authorizes Contractor to develop and conduct a modeling class 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 agrees to perform such services to the best of its ability and in
an efficient, safe and competent manner.
B. The modeling class shall be open to the public. Classes will be scheduled on
Thursday evenings between the hours of 5:00 to 7:00 p.m. every week in the Community Center
small classroom. City facilities shall be left clean upon completion of each class.
C. As compensation for conducting the modeling class, City shall register participants
and collect registration fees for participants in Contractor's program. City shall pay Contractor
seventy-five percent (751/o) of the fees collected no later than fourteen days after the registration
period ends. Contractor shall be responsible for refunds to participants.
Section 2 lndepend nt-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
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and employee between Contractor and City. Both parties acknowledge that Contractor is not an
employee for State tax, Federal tax or any other purpose.
ectimp� A listing of all Contractor's employees and agents who
may participate in the performance of Contractor's obligations hereunder is attached hereto
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� t of City.
Section 4 Business License, Contractor shall obtain a Redlands Business license as a
condition of performing the services required hereunder.
lection Termin�tinn 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 de pity 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 EntiodificafiQn This Agreement represent the entire Agreement
of the parties hereto as to the matters contained herein. Any modification of this Agreement will
effective only if it is in writing and signed by the parties hereto. be
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 In�nra cP Contractor shall obtain and maintain during the term of this
Agreement, all insurance required by this Section and shall submit to Ci-- nsurance
Certificates of I
in force. Evidence of such insurance shall be provided to City concurrent with execution of this
Agreement. 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) Worker's 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 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 10 Attorn ��' Feg In the event any action is commenced to enforce or interpret
the terms or conditions of this Agreement the prevailing
relief, be entitled to recover its reasonable attorneys' feesy shall, in addition to any costs or other.
CITY OF REDLANDS
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S en Larson, Mayor Date April 15, 19 9 7
Keri L. Dempster, Contractor Date -
ATTEST.
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Loty
sty Clerk
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