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Home My WebLink AboutContracts & Agreements_69-1995_CCv0001.pdf s s j ¢( F E INDEPENDENT CONTRACTOR AGREE1,77 MENT S This Agreement is made and entered into this 3rd day of October 1} � between the City of Redlands, a municipal corporation {hereinafter "Cit " and Kiwanis Club, (hereinafter "Contractor"). y ) and Redlands Evening RECITALS WHEREAS, City provides cable to non-profit organizations for the purpose of dis la in banners along Cajon Street and Citrus Avenue to promote their various activities; and p y g WHEREAS, Contractor desires to erect and take down banners (the "Services") that the non-profit organizations wish to display on Cajon Street and on Citrus Avenue; and WHEREAS, Contractor represents to the City that it has the requisite experience, special kowledge and expertise necessary to perform the Services required by this Agreement; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and the Redlands Professional Firefighters Association, Local #1354, hereby agree as follows: AGREEMENT Section 1. Services. City hereby authorizes Contractor to put up and take down banners that are displayed on Cajon Street and on Citrus Avenue. Contractor shall determine the method, details and means of performing the Services and shall advise City of the same prior to commencing any activities under this Agreement. Contractor further agrees to perform the Services to the best of its ability and in an efficient, safe and competent manner. Section 2. Payment for Services City shall have no liability for any payment to Contractor for the Services provided hereunder. Contractor and City expressly acknowledge and agree that any payments for such Services shall be made directly to Contractor by the person or entity desiring the Services. Section 3. 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. i i MM59dt.13 h Section 4. Contractor's Employees A listing of all Contractor's employees and agents who may participate in the performance of Contractor's Services 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 5. Business License. Contractor shall obtain a City of Redlands business license as a condition of performing the Services required hereunder. Section 6. Termination. City shall have the right to terminate this Agreement, with or without cause, upon twenty (20) days prior written notice to Contractor. Section 7. 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 8. Entire Agreement/Modification This Agreement represents the entire Agreement of the parties hereto as to the matters contained herein. Any modification of this Agreement shall be effective only if it is in writing and signed by the parties hereto. Section 9. 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 10 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 the execution of this Agreement, Certificates of Insurance evidencing 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) Public liability insurance in an amount not less than $1,00},00) for injuries, including death, to any one person and an amount not less than $2,000,000 on account of any one occurrence, and property damage insurance in an amount not less than $500,000. Such insurance shall not be 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. DJM5941-E Section 11. 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. CITY OF REDLANDS Swen Larson, Mayor Date October 3, 1995 1 00 ATTEST: N Lo7rrie oyzer, Ci I k REDLANDS EVENING KIWANIS CLUB Date William Emmerson, President DJM5941,F, k Nl1 CERTIFICATE OF INSURANCE MR1 °'n"''"'°°'"� ""Or10" THIS CERTOMATE 0 INRIED As A#AArM OF IWOKKATION WELLS A COWJ=■ x11C. ONLY AND CpYFERS NO MOKM LOOK THE CERT1FICAT1 9445 Roystona Crossing Blvd. HOLDER.TFEs CE RTIRCATE DOES MOT AISEID.MEW OR P.O. Bos 397 ALTER THE COVERAGE AFFORDED BY THE POLACIES/FLOW. Indianapolis X11 46706-0397 COMPANIES AFFORDWO COVERAGE Deaton 1. Plabault, AAI, CIC ��" Classic firs i Marina Ins Co wIUEEE!i ran s Intil, All Clubs and COMPANY Their Members.=Dead Local Club: f vkgow/f 0 Club Name: 1 NV6 o IC Jp� .11,445-NFyE.�r ,417, a� �� Y. I��FBF•p� C Club Address: (0. COWAW Fe1'1A1k1'k e2f. R032z ; D COV0AM THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED SELOW HAVE SEEN NsNIM TO THE INSURED NAMED ADM FOR THE POLICY PERIOD WDICATED.NOTW rHSTANOINO ANY REQUIREMEKT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIGS THIS CERTIFICATE MAY ME ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED SY TH'E POLICES DESCRMED HEREIN IS SUS.ECT TO ALL THE TERMS. EXCLUSIONS AND CONOMONS OF SUCH POLICES. 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