HomeMy WebLinkAboutContracts & Agreements_93-1999_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 7`h day of September 1999 by and between the City of
Redlands, a municipal corporation (hereinafter "City") and Redlands Unified School District Adult School
(hereinafter"Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting a variety of adult
classes in partnership with 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 adult 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 adult classes with 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 classes shall include offerings for participants 18 years of age and older. Classes may be
scheduled at the Community Center and Senior Center based on availability. Facilities shall be left clean upon
completion of each class.
C. Contractor shall register participants and collect registration fees for participants in
Contractor's classes. Contractor shall provide City with a list of registered participants and pay City Twenty-five
percent(25%)of the fees collected not later than fourteen days after the registration period ends. Contractor
shall be responsible for payment of 140%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 A listing of all Contractor's employees and agents who may
participate in the performance of Contractor's obligations hereunder is attached hereto as Exhibit "A" and
incorporated herein by this reference. 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. When applicable,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,
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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
This Agreement represents the entire Agreement of the
parties hereto as to the matters contained herein. Any modification, of this Agreement will be etTective only if
it is in writing and signed by the parties hereto,
Section$. Assi ment 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, concurrent with execution of this Agreement,
Certificates of Insurance evidencing the fact that such insurance is in force. 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) Workers'compensation and employer's liability insurance.
(b) Comprehensive automobile and general liability insurance in amounts not less than$500,000
for each. Such insurance shall not be reduced or 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. Attome -ys' Fees. In the event any action is commenced to enforce or interpret the terms or
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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 5th day of October 1999
CITY OF RED NDS ATTEST:
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lamt. Cunningba ayor s Beatrice Sanchez, Deputy City Wr—k
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CONTRACTOR
Redlands nifiecl School District Adult school