HomeMy WebLinkAboutContracts & Agreements_27-2008_CCv0001.pdf VN
INDEPENDENT CONTRACTOR AGREEMENT
This agreement for the provision of toddler music lessons ("Agreement") is made and
entered into this I 9th day of February, 2008 ("Effective Date")by and between the City of
Redlands, a municipal corporation (hereinafter "City") and Kristi Viera, an individual (hereinafter
"Contractor"), City and Contractor are sometimes individually referred to herein as a"Party" and,
together, as the "Parties."
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting toddler
music lessons for City's Recreation Bureau; and
WHEREAS, Contractor has represented to City that it has the requisite experience, special
knowledge and professional expertise similar to others in the recreation industry who conduct
toddler music lessons;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and Kristi Viera agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby engages Contractor to develop and conduct toddler music lessons for
City's Recreation Bureau (the"Services"). Contractor shall determine the method, details and
means of performing the Services and shall advise City of the same prior to commencing any
Services under this Agreement. Contractor further agrees to perform the Services to the best of its
ability and in an efficient, safe and competent manner.
B. Contractor's Services shall include teaching children (ages 2-5) the basic concepts
of music through crafts, singing, dance and fun. Classes will run weekly at the Community Center
Multi-Purpose Room. Registration will be monthly.
C. City shall register participants and collect registration fees for participants in
Contractor's program. City shall pay Contractor seventy percent(70%) of the fees collected no
later than fourteen days after the registration periods ends and City shall receive thirty percent
(30%) of the fees collected. Contractor shall be solely responsible for payment of one hundred
percent (100%) of any refunds to qualified participants in the program, and City shall have no
obligation for any refunds.
Section 2. Independent Contractor. It is the express intention of the Parties that Contractor
is and shall remain during the term hereof. an independent contractor and not be an employee of
City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Contractor and City. The Parties acknowledge that
Contractor is not a City employee for State tax, Federal tax or any other purpose.
DJ M"'Agree!Kri sti Viera Independent Contract Agreement
1/23/08 9:19 a,ni.
Section 3. Contractor's Employees. No employees or agents of Contractor shall participate
in the performance of the Services without the prior written consent of City.
Section 0
4. Business License. Contractor shall obtain a City of Redlands business license as
I
a pre-condition of performing the Services.
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. 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 negligent act or omission of Contractor in performing the Services.
Section 7. Entire Agreement/Amendment. This Agreement represents the entire
Agreement of the Parties hereto as to the matters contained herein. Any amendment of this
Agreement shall be effective only if it is in writing and signed by the Parties.
Section S. 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, including fees for use of in-house
counsel by a Party.
DJM/AgreeiKristi Viora Independent Contract Agreement 2
P23/08 9:19 a.m.
Section 11. Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless
and defend City and its elected officials, employees and agents from and against any and all claims,
Z-- zn
losses and liability, including attorneys' fees, arising from injury or death to persons or damage to
property occasioned by any negligent act or omission by Contractor, or its employees or agents in
performing the Services.
CITY OF REDLANDS
Date-
JHarriZson, ayor
ATTEST:
&
/ .I
Lon Poty yzer 'C;'ylerk
CONTRACTOR:
A Date e-1
Kristi Viera,Contractor
WNW/Aguree'Kristi Viera Independent Contract Agreement 3
i'13'08 1'08 9:19 a,m,