HomeMy WebLinkAboutContracts & Agreements_42-1998_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 4th day of August 1998 by and between the
City of Redlands, a municipal corporation (hereinafter "City") and Mary Clegg (hereinafter
"Contractor").
RECU
WHEREAS, Contractor has expressed an interest in developing and conducting a group craft
class for the City of Redlands Recreation Division, and
WHEREAS,Contractor has represented to City that it has the requisite experience, special
knowledge and expertise similar to others in the industry conducting craft 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 a craft program 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 craft program shall include training for participants fifty years and older.
per week in the JosvIn Senior Center classroom. Facilities shall
Programs may be scheduled one day
be left clean upon completion of each class.
C. As compensation for conducting the craft program,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 t
ends.
Contractor shall be responsible for payment of 100%of a reftind fee to qualified participants. Ciy
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,
Employees. A listing of all Contractors employees and agents who
SQcti y
Lo�3 �n=cI_Qf_s e of Contractor's obligations hereunder is attached hereto as
may participate in the performaric this reference. No other employees or agents of Contractor
Exhibit"A" and incorporated herein by t s ref the prior written consent of City.
shall participate in the performance of services hereunder without
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
ithout cause,upon twenty (20)days prier written notice to Contractor. city shall have no liability
,v
for any claims or damages resulting to Contractor as a result of any exercise by City of its right to
terminate this Agreement.
Section 6Jnd9MnWL Contractor shall defend,indemnify and hold City,its elected officials,
, losses,
officers, employees and agents harmless from and against any and all actions, dZ5
amagcauses of action and liability imposed or claimed relating to the injury or death of any peserson 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 ireement/ModificatiQn. 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 Municipal Athletic Federation for
recreation programs. Contractor shall be responsible for paying all costs associated with insurance
coverage.
Sec ion 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.
Executed this 4th day of August. 1998
CITY OF REDLANDS ATTEST:
Willi Cunning May I Lome oyzer, Ci y ler
CONTRACTOR
11 ye 11
Mary Clegg
Exibit A
Proposed Craft Class
Shirley Miller
Jane Haggard
Marg Clegg
Dianne Crovvther