HomeMy WebLinkAboutContracts & Agreements_79-2012_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This agreement for the provision of youth dance classes ("Agreement") is made and
entered into this 5t"day of June, 2012 ("Effective Date")by and between the City of Redlands, a
municipal corporation(hereinafter "City") and Lorraine Montemayor, 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 youth dance
classes for City's Recreation Division; 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
youth dance classes;
NOW,THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and Contractor agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby engages Contractor to develop and conduct dance classes for City's
Recreation Division(the "Services"). The classes shall be conducted at the Redlands Community
Center. Contractor shall determine the method, details and means of performing the Services and
shall advise City of the same prior to performing 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. The classes may be scheduled by Contractor for any times, during week days,
depending,upon the availability of the Redlands Community Center facility.
C,
C. As compensation for providing the Services, 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 period ends.
Contractor shall be responsible for payment of 100% of the fees paid by a participant in connection
with any refund to a qualified participant. City shall have no obligation for refunds.
Section 2. Independent Contractor. It is the express intention of the Parties that Contractor
is and shall remain during the term of this Agreement, an independent contractor and not be an
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employee or agent 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
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Parties acknowledge that Contractor is not a City 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 the Services without the prior written consent of City.
Section 4. Business License. Contractor shall obtain a City of Redlands business license as
a pre-condition of performing the Services.
Section 5. Termination. City shall have the right to terminate this Agreement,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 attorneys' fees and other legal expenses, arising
directly or indirectly from any negligent or wrongful act or omission of Contractor in performing
the Services.
Section 7. Entire Agreement/Amendment. This Agreement represents the entire agreement
of the Parties 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 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. Insurance. Contractor shall obtain and maintain during the term of this
Agreement all insurance required by this Section and shall submit to City certificates of insurance
and appropriate endorsements evidencing that the insurance is in force and effect. Evidence of
such insurance shall be provided to City concurrent with Contractor's 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) If applicable, workers' compensation and employer's liability insurance for its
employees throughout the terms of this Agreement pursuant to Labor Code Sections
Agreement
1860 and 3700, and in amounts which satisfy statutory requirements.
(b) Comprehensive and general liability insurance with a carrier acceptable to City in an
amounts not less than One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate for public liability, property damage and
personal injury. Such insurance shall not be cancelled unless thirty(30)days prior
written notice is provided to City.
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