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HomeMy WebLinkAboutContracts & Agreements_243-2005_CCv0001.pdf z INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this sixth day of December, 2005 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Marie Murphy (hereinafter "Contractor") . RECITALS WHEREAS, Contractor has expressed an interest in developing and conducting Spanish Dancing Classes 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 Spanish Dancing Classes; 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 Spanish Dancing Classes 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 efficient, safe and competent manner. B. The Spanish Dancing Classes shall include teaching the basics of Spanish dancing including steps and terminology. Classes may be scheduled once a week in the Joslyn Senior Center multi-purpose room. Facilities shall be left clean upon completion of each class. As compensation for conducting the Spanish Dancing Classes, 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 S. 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 requi-red hereunder. Section 5. Termination. Cil--Y 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 Lsing directly or indirectly from any act or emission of 'Contractor in performing its services hereunder. Section 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 provide insurance coverage for program participants as specified in the City' s contract with Southern California Munic1pal 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 REDLAN S: , Date December 6, 2005 7, Xa-yor, City of Redlands ATI'EST: Lorrie, oyzer, lerk 'ON*7`RACTOR: Date Marie Murphy Marie L. Murphy P.O. Box 2190 Running Springs, CA 92382 (909) 867-9359 City of Redlands Joslyn Senior Center 21 Grant St. Redlands, CA 92373 Attn: Christine Munoz Dear Christine, I would like to teach Begftming and Intermediate Spanish Dancing as a contract instructor at the Joslyn Senior Center begirining in J 2006. 1 have been teaching these classes on a donation basis with donations going to the Joslyn Senior Center for the last two years. Students have also been performing on a regular basis at senior homes, such as Braswell's and Linda Valley. They have also perfonned for the city of Fontana, Big Bear Lake, Hemet and San Bernardino. My schedule would be as follows: Beginning Spanish Dancing will be held on Mondays from 1:00-2:30 p.m. and Intermediate Spanish Dancing from 3-00-430 p.m. The cost for each class will be $4.00 per day. Thank you for the opportunity to continue teaching Spanish Dancing at the Joslyn Senior Center. Respectfully yours, Marie L. Mu