HomeMy WebLinkAboutContracts & Agreements_13-2005_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEIV1ENT
This Agreement is made and entered into this 18th day of
January 2005 by and between the City of Redlands, a municipal
corporation (hereinafter "City") and Leslie Bryan (hereinafter
"Contractor") .
RECITALS
WHEREAS, Contractor has expressed an interest in developing
and conducting a Parent Toddler Movement Class, 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 Parent Toddler Movement Class;
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
Parent Toddler Movement Class for City' s Recreation Bureau.
Contractor shall determine the met-hod, 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 Parent Toddler Movement Class shall include teaching
basic motor skills, sequencing skills, rhyming and memorization
skills . Programs may be scheduled once a week in the Community
Center Multi-Purpose room. Facilities shall be left clean upon
completion of each class .
C. As compensation for conducting the Parent Toddler
Movement Class, 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 . Business License . Contractor shall obtain a
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. 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 7 . Entire Agreement/Modification. This Agreement
represents 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 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
4
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 .
CITY OF REDLnDS:
Date Jan. 18, 2005
Sus
)4 Peppier, im/ayor
ATTEST:
Lor,rie Poyz ity Clerk
CONTRACTOR:
,A
Date
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