HomeMy WebLinkAboutContracts & Agreements_119-2001_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 7th day of
August 2001 by and between the City of Redlands, a municipal
corporation (hereinafter "City") and Teresa McGonigal (hereinafter
"Contractor") .
RECITALS
WHEREAS, Contractor has expressed an interest in developing
and conducting a Cardio-Salsa Aerobic 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 Cardio-Salsa Aerobic Class;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Teresa McGonigal hereby agree as
follows :
AGREEMENT
Section 1 . Services .
A. City hereby authorizes Contractor to develop and conduct
a Cardio-Salsa Aerobic 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 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 Cardio-Salsa Aerobic Class system taught will be by
American Standards . Programs will be scheduled twice a week in
the Joslyn Senior Center auditorium. Facilities shall be left
clean upon completion of each class .
C. As compensation for conducting the Cardio-Salsa Aerobic
Class the City shall register participants and collect
registration fees for participants in Contractor ' s program. City
shall pay Contractor seventy-five percent (75%) of the fees
collected no later than fourteen days after the registration
period ends. Contractor shall be responsible for submitting an
invoice for payment and payment of 1000 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 . 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, 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 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 -L 4S
in writing and signed by the parties
hereto .
i
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.
V? 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 .
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 shall, in addition to any costs or
other relief, be entitled to recover its reasonable attorneys '
fees .
CITY OF REDLLANDS :
eDLDate August 7, 2001
Pat Gilbreath, Mayor
ATTEST :
Lor ie Po City Clerk
CONTRACTOR: n!
, - Date
Teresa McGonigal