HomeMy WebLinkAboutContracts & Agreements_77-2002_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 2I st day of May,2002,by and between
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the City of Redlands, a municipal corporation (hereinafter "City") and the Redlands
Community Music Association (hereinafter"Contractor").
RECITALS
WHEREAS, Contractor conducts Children's Summer Workshops for the City of
Redlands as part of the Community Development Block Grant program; and
WHEREAS, Contractor has represented to City that it has the requisite experience.
special knowledge and expertise similar to others in the industry conducting children's'
workshops;
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 seven Children's Summer
Workshops and two presentations of the opera "Barber of Seville" as part of the
Community Development Block Grant program. Contractor shall determine the
method,details and means of performing the above-described services and shall advise
City of the same prior to commencinc,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. The Children's Summer Workshop programs to be conducted
by Contractor shall include music and dance programs, free to children of all ages.
Workshops will be held June 1. 2002 through September 30. 2002 in the Community
Center multipurpose room located— I I I West Lugonia A�,�-en' ue.Redlands. Faciii ties
shall be left clean upon completion of each class. The two presentations of the opera
"Barber of Seville" scheduled to be conducted at Lugonia Elementary School and
Franklin Elementary School within the Redlands Unified School District on June 14,
2002, shall not be conducted unless and until Contractor obtains from the Redlands
Unified School District written consent to allow the two presentations to take place on
School District property. Said consent shall be provided to City prior to the two
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presentations taking place. If consent is not timely obtained by Contractor,Contractor
will not be compensated by City and said presentations will be conducted at the sole
risk, liability and responsibility of Contractor.
B. As compensation for conducting the Children's Summer Workshop programs, City
shall reimburse Contractor for all Contractor's administrative, entertainment and
advertising expense directly associated with the program based upon Contractor's
submittal of ATitten receipts and evidence adequately demonstrating Contractor's
expenses to the satisfaction of City. The total reimbursement shall not exceed
$5,500.00 and shall be paid by City solely from Community Development Block Grant
funds received by the City for the funding period of 2001-2002.
C. Contractor shall submit to City a complete record of the Services performed,including,
but not limited to: copies of invoices, agreements,
payroll expenses, administrative
records,advertisements, and backup materials. A detailed accounting of the Services
performed,persons performing the Services and cost break-down shall also be provided
to City. Administration and personnel records shall be available for examination by
City.
D. Contractor shall submit to City, with each request for reimbursement,documentation
that at least 51% of the children served are from income-qualifying households in
accordance with Community De -el opment Block Grant frundincy requirements. To
document the number of low and moderate income children benefitting from the
Services, a Beneficiary Qualification Statements form, a copy of which is attached
hereto and incorporated herein by reference as Exhibit "A." shall be completed by
Contractor for each child who participates in the Summer Workshop Program. Using
the Beneficiary Qualification Statements prepared for each child, Contractor must
complete the Monthly Program Progress Report form, a copy of which is attached
hereto and incorporated herein by reference as Exhibit"B," for every month for which
Contractor seeks reimbursement from City of that CDBG funds, and submit such
Monthly Program Progress Reports with Contractor's monthly reimbursement request
to City. Copies of all submitted forms shall be retained by Contractor for a period of
three(3) years from September 210, 2002.
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.
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Section 3. Termination. City shall have the right to terminate this Agreement,without
cause,upon twenty(20)day's prior written notice to Contractor. City shall have no liability
for any claims, damages or losses resulting to Contractor as a result of any exercise by City
of its right to terminate this Agreement.
Section 4. Hold Harmless and Indemnification. 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 of any nature relating to
the injury or death of any person, or damage to any property, including attorneys' fees and
other legal expenses, arising directly or indirectly from any act or omission of Contractor in
performing the Services hereunder.
Section 5. Insurance.
A. General Liability Insurance
Contractor shall secure and maintain in force throughout the duration of the Agreement
comprehensive general liability insurance covering by Contractor under this
Agreement,with carriers acceptable to City. Minimum coverage of one million dollars
($1,000,000)per occurrence and two million dollars($2,000,000)aggregate for public
liability, property damage and personal injury is required. City shall be named as an
additional insured and the insurance shall include a provision prohibiting cancellation
of said policy except upon thirty (30) days prior written notice to the City. Such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City. Contractor shall not perform any Sen ices unless and until such
insurance is obtained by Contractor, and certificates of insurance shall be delivered to
City within fifteen (15) days of execution of this Agreement, or prior to
commencement of work, whichever occurs first.
B. Workers' Compensation_and jpjg!qyer's Liability
Contractor shall have orke
is'Compensation and Employer's Liability insurance
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in force throughout the duration of this Agreement in an amount which meets the
statutory requirement with an insurance carrier acceptable to City. Such
insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by Citv. The insurance policy shall include a provision
prohibiting cancellation of said policy except upon thirty(30)days prior written
notice to City. Certificates of Insurance shall be delivered to City within fifteen
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(15) days of execution of Agreement, or prior to commencement of work,
whichever occurs first.
2. Contractor expressly waives all rights to subrogation against the City,its officers,
employees and volunteers for losses arising from work performed by Contractor
for City by expressly waiving Contractor's immunity to injuries to Contractor's
employees and agrees that the obligation to indemnify,defend and hold harmless
provided for in this Agreement extends to any claim brought by or on behalf of
any employee of Contractor. This waiver is mutually negotiated by the parties.
This shall not apply to any damage resulting from the sole negligence of City,its
agents and employees. To the extend any of the damages referenced herein were
caused by or resulted from the concurrent negligence of City, its agents or
employees, the obligations provided herein to indemnify, defend and hold
harmless is valid and enforceable only to the extent of the negligence of
Contractor, its officers, agents and employees.
Section 6. Entire Avareement/Modification. This Agreement represents the entire
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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 7. Assignment. This Agreement shall not be assigned without the prior written
consent of City. Any assignment, or attempted assignment, without such prior written
consent,shall be null and void and,at the option of City,result in the immediate termination
of this Agreement.
Section 8. Attomev*s 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.
Section 9. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
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Executed this 21st day of May 2002.
City of Redlands
Date:
Mayor
Attest:
Beatrice Sanchez, BWputy Ci C erk for
Lorrie Poyzer, City Clerk
City of Redlands
Redlands Community Music Association
X46,411 Date:
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