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HomeMy WebLinkAboutContracts & Agreements_155-2006_CCv0001.pdf SUN INDEPENDENT CONTRACTOR AGREEMENT This agreement is for the provision of toddler dance classes ("Agreement") is made and entered into this 5``day of July, 2006 ("Effective Date")by and between the City of Redlands, municipal corporation (hereinafter"City" ins,) ds, a "Contractor"}. City and Contractor are individuallysometimesefe ed tindivido her ual hereinafter collectively, as the"Pasties." herein as a "Party"and, REC--CITALS WHEREAS, Contractor has expressed an interest in developing and conducting a toddler dance classes for City's Recreation Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, knowledge and professional expertise similar to others in the recreation industry who conduct u toddler dance classes; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and Tiffany Collins agree as follows: AGREEMENT Section 1. Services. A. City hereby engages Contractor to develop and conduct toddler dance classes for City's Recreation Division (the "Services'). 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. B. Toddler dance classes will provide a variety of developmental exercises that will allow toddlers to work on their coordination, fine motor skills and dance ability, this class will require parental involvement. Classes will run once a week on Thursday mornings at the Community Center in the Kid's World room. Registration will be monthly. C. As compensation for conducting toddler dance classes, City shall register participants and collect registration fees for participants in Contractor's program. City shall pa Contractor seventy-five percent(75%) of the fees collected no later than fourteen days y registration period ends. Contractor shall be solely responsible for a y ager the (100%) of any refunds fees to qualified participants, and City shall have o obligation foreanpercent refunds. y Section ? Inde endent Contractor. It is the express intention of the Parties that Contractor is and shall remain during the term hereof, an independent contractor and not be an employee or agent of City, Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City. The Parties acknowledge that Contractor is not a City employee for State tax, Federal tax or any other urpo Purpose. se, DMI-A ree�4ndependent Contractor—toddler dame PRO� T I Section 3, Contractor's Em to ees. No employees or agents of Contractor shall participate in the performance of Services without the prior written consent of City. Section 4. Business License. Contractor shall obtain a City of Redlands business license as a pre-condition of performing the Services. 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 attorneys' fees and other legal expenses, arising directly or indirectly from any negligent act or omission of Contractor in performing the Services. Section 7 Entire A eems„, /Amendment This Agreement represents the entire Agreement of the Parties hereto as to the matters contained herein. Any amendment of this Agreement shall be effective only if it is in writing and signed by the Parties. Section $ Assia ment 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. Insurance. Contractor shall obtain and maintain during the term of this Agreement, all insurance required by this Section and shall submit to City certificates of insurance and appropriate endorsements evidencing that the insurance is in force and effect. Evidence of such insurance shall be provided to City concurrent with Consultant's execution of this Agreement. 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) If applicable, workers' compensation and employer's liability insurance for its employees throughout the terms of this Agreement pursuant to Labor Code Sections 1860 and 3700, and in amounts which satisfy statutory requirements. (b) Comprehensive and general liability insurance with a carrier acceptable to City in an amounts not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury. Such insurance shall not be cancelled unless thirty(30) days prior written notice is provided to City. DJM'Agree'}Independent Contractor-toddler dance (c) Business automobile Iiability coverage with minimum limits of One Mill i ($1 0()4,00() 1 per occurrence, combined single Limit for bodily injury Nabi On Dollars W , property damage liability. (d) Except for the workers' compensation and employer's liability insurance 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 C' Section 10. Attome s' Fees. In the event any action is commenced toe r Ity. the terms or conditions of this Agreement the prevailing Party shall i enforce or interpret other relief, be entitled to recover its reasonable attorneys' fees, includingfees for in-house n addition to any costs or of a Party at rates prevailing in San Bernardino County, California. m house counsel Section 1.1. Hold Harmless and Indemnification. Contractor shall indemnify, ho and defend City and its elected officials, employees and agents from and against losses or liability, including attorneys' fees, arising from inur y' hold harmless property occasioned by any negligent act, omission or failure t g any and all claims, f .1 y or death to persons or damage to and agents in performing the Services. o act by Contractor, its employees CITY O EDLANDfi Jo arrison, a or Date ,Tiny 5, 2 0 0 6 ay or Lorri oyzer, City, k CONTRACTOR: DJM\Corm Agreements\Independent Contractor—toddler dance