HomeMy WebLinkAboutContracts & Agreements_36-1998_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into as of this 7th day of July 1998 by and between the City
of Redlands, a municipal corporation (hereinafter "City") and Redlands Community Music
Association, (hereinafter "Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting a Children's
Summer Workshop 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
kno,�%Jedge_and expertise similar to others in the indu.-ay Con"a--ting children's workshops;
NOW THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and Redlands Community Music Association hereby agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby authorizes Contractor to develop and conduct a children's summer
workshop series 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 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 summer workshop program shall include music and dance programs free to
children of all ages. Workshops will be held July I through August 1998, every Saturday starting
at 10:00 a.m., in the Community Center multipurpose room located at I I I W. Lugonia Avenue",'
Redlands. Facilities shall be left clean upon completion of each class.
C. As compensation for conducting the children's summer work-shop program, City shall
reimburse Contractor for all administrative, entertainment and advertising expenses directly
associated with the program. The total reimbursement shall not exceed $5,000.
D. 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,
person(s)performing services and cost breakdown shall also be provided to the City. Administration
and personnel records shall be available for examination by the City.
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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 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 EmplpAees. 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. 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 bave no liabill 1
for any claims or damages resulting to Contractor as a result of any exercise by City of its right to
terminate this Agreement.
Section 5. 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 6. 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. Attorneys' Fees. In the event any action is commenced to enforce or interpret
the terms or conditions of the Agreement the prevailing party shall, in addition to any costs or other
relief, be entitled to recover its reasonable attorneys' fees.
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CITY OF REDLANDS
Date July 7, 1998
4Wiia E. Cunninghafiii, Mayo
ATTEST:
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REDLANDS COMMUNITY MUSIC ASSOCIATION
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