HomeMy WebLinkAboutContracts & Agreements_171-2004_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 2nd day of
November 2004 by and between the City of Redlands, a municipal
corporation (hereinafter "City" ) and Margaret Luevano (hereinafter
"Contractor" ) .
RECITALS
WHEREAS, Contractor has expressed an interest in developing
and conducting music lessons 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 music lessons;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Margaret Luevano hereby agree as
follows :
AGREEMENT
Section 1 . Services .
A. City hereby authorizes Contractor to develop and conduct
music lessons for City' s Recreation Bureau. 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 effici'ent, safe and competent manner.
B. The music lessons shall teach participants to read chord
charts, learn basic singing techniques, and chord progressions .
Lessons will be scheduled hourly in the Community Center
classroom. Facilities shall be left clean upon completion of each
class .
C. As compensation for conducting the music lessons, 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
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 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 . 00 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.
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 RED S :
Date Nov. 2, 2004
,,Sus4n E)eppler.' Aajor
ATTEST:
Lo rie Poy(
UCity Clerk
CONTRACTOR:
I Aft� Date Lo
Margiret Luevano
Agreement - Solid Waste Rate Stud - On motion of Councilmember Gilbreath,
seconded by Councilmember Harrison, the City Council unanimously approved
an agreement to furnish consulting services for a solid waste rate study with
R3 Consulting Group, Inc., authorized staff to approve contingent costs up to
10 percent over the total contract amount, and authorized the Mayor and City
Clerk to execute the document on behalf of the City.
Department of Justice Universal Hiring Grants - On motion of Councilmember
Gilbreath, seconded by Councilmember Harrison, the City Council unanimously
authorized the Police Department to utilize the U. S. Department of Justice,
Office of Community Oriented Policing Services, Universal Hiring Grants,
accepted by the City Council on September 16, 2003, and October 19, 2004,
with the stipulation that no officers will be hired pursuant to these grants
without the approval of the City Manager.
Atueernent - Saturday Dances - On motion of Councilmember Gilbreath,
seconded by Councilmember Harrison, the City Council unanimously approved
an independent contractor agreement with Nick Eastvold to provide Saturday
dances at the Redlands Community Center and authorized the Mayor and City
Clerk to execute the document on behalf of the City.
Agreement - Music Lessons - On motion of Councilmember Gilbreath,
seconded by Councilmember Harrison, the City Council unanimously
approved an independent contractor agreement with Margaret Luevano to
provide music lessons at the Redlands Community Center and authorized
the Mayor and City Clerk to execute the document on behalf of the City.
Resolution No. 6339 - Salary - On motion of Councilmember Gilbreath,
seconded by Councilmember Harrison, the City Council unanimously adopted
Resolution No. 6339, a resolution of the City Council of the City of Redlands
establishing a salary schedule and compensation plan for City employees and
rescinding Resolution No. 6294. This resolution reflects finalized salary
increases for the General Employees Association of Redlands, Redlands
Civilian Safety Employees Association, and Redlands Association of Mid-
Management Employees, and reclassifications for positions implemented for
employees who have been working outside of the job classifications.
MOU Amendment - General Employees Association of Redlands - On motion
of Councilmember Gilbreath, seconded by Councilmember Harrison, the City
Council unanimously approved Amendment No. I of the 2004-2009
Memorandum of Understanding with the San Bernardino Public Employees
Association of Redlands which modified the language detailing the use of sick
leave accruals and authorized the Mayor and City Clerk to execute the
document on behalf of the City.
November 2,2004
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