HomeMy WebLinkAboutContracts & Agreements_27-2000_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this -5th day of April
-0000 by and between the City of Redlands, a municipal corporation
(hereinafter "City") and Sarah Godboid (he_reinafter "Contrac-itor") .
RECITALS
WHEREAS, 'Contractor has expressed an interest in developing
and conducting a Watercolor Class and Progressive Art Class 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 a Watercolor Class and
Progressive Art class;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Sarah Godbold hereby agree as
follows :
AGREEMENT
Section 1 . Services .
A. City hereby authorizes 'Contractor to develop and conduct
a Watercolor Class and Progressive Art class 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 cowamencing 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 Watercolor Class and Progressive Art class shall
include learning watercolor painting skills and skills in wall
murals, silk paintina, ceramic painting, bronze finishing, gold
and silver leafing, refinishing Dias-ter and picture frames and
wajl_l faux finishes . Programs will be scheduled every Wednesday and
Thursday in the Redlands ConLmunity Senior Center Small Classroom.
Facilities shall be left clean upon completion of each class .
C. As compensation for conducting the Watercolor Class and
Progressive Art Class, City shall register participants and
collect registration fees for participants in Contractor' s
program. City shall pay Contractor seventy-f4ve percent (115%) of
the fees collected no !a-IC-er than fourteen days after the
registration 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 . Contractors 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 . Sarah Godbold shall obtain a
Redlands Business license, as a Condition of performinc; 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. CJ_Jtv 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
�U
Agreement.
Section 6. Tndemn
jtV. Contractor shall de-Fend, indemnify
1L
and hold City, its elected officials, officers, employees and
agents harmless from and against any and all act-ions, damages,
losses, causes of act-ion and liability imposed or claimed relating
to the injury or death of any person or damage to any property,
4
ncluding attorney' s fees and other legal expenses, arising
directllv or indirectly from any act or omission of Contractor in
performing its services hereunder.
Section 7 Entire Agreement/Modification, This Aareement
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 . Assianment . '11his Agreement shal"j, not be assigned
without the prier 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 provide insurance
coverage for program participants as specified in the City' s
contract- with Southern California Municipal Athletic Federation
for recreation programs . Contractor shall be responsible for
paying all costs associated with insurance coverage.
(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
City.
notice is provided to C
(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. Attorneys ' Fees , In the event any action is
commenced to enforce or interpret the terms or conditions of this
Agreement the Prevailing party shal , in addition to any costs or
other relief, be entitled to recover its reasonable attorneys '
fees .
CITY OF REDLANDS
4R4e--� _ —
Date March 22, 2000
ATTEST;
r
L rri Poe.- lY Clerk
CONTRACTOR:
f�
r ,.
r
w.
r Date 13 6
-fa—rah-Go-d -
rabGc-d -cId