HomeMy WebLinkAboutContracts & Agreements_91-2005_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 17'r day of May
2005 by and between the City of Redlands, a municipal corporation
(hereinafter "City") and Nick Telford.
RECITALS
WHEREAS, Contractor has expressed an interest in developing
and conducting youth soccer camps 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 youth soccer camps;
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
youth soccer camps 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 youth soccer camp will teach the fundamental
principles of soccer through fun and entertaining methods .
Courses will be scheduled as weeklong seminars, and taught at
Brookside Park.
C. As compensation for conducting the outdoor excursions
for youth, 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
_Lstration
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.-- indemnitv. 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 Ag*regment/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 S . 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,
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Section P. �� ���Tnsuranc Contractor. r s r�al? obtain and maintain
ring the ter
s agreement, all insurance 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 genera
in amounts not less than -:� �7liability insurance
, {.���� for each. Such
insurance shall not be cancelled unless thirty {30} days
Prior written notice is Provided red to city,
(c) City shall be named as anaddf
itional 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�,te��:�-
et the teres or conditionscif this
Agreement the Prevailing p�otrece�-erg in addition to any costs or
other relief, be entitled.fees , its reasonable attorney. ,
CITY O REL%LM"D,
r r May 17 2005
u an e�pler or ate i
s
ATTEST
Beatrice $anch._,. _eZ_,__D=jY Clerk
forLorre Poyzer, City Clerk
CONTRACTOR.-
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ONTRACTC R,7
Date
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Nick Telford �� �