HomeMy WebLinkAboutContracts & Agreements_45-1998_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 4th day of August 1998 by and between the
City of Redlands, a municipal corporation (hereinafter "City") and Todd Sanders (hereinafter
"Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting a group
music appreciation class for the City of Redlands Recreation Division; and
WHEREAS, Contractor has represented to City that it has the requisite experience, special
knowledge and expertise similar to others in the industry conducting music classes,
NOW,THEREFORE,in consideration of the mutual promises contained herein.the City and
Contractor hereby agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby authorizes Contractor to develop and conduct a music appreciation
program 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 music program shall include training for participants fifty years and older.
Programs may be scheduled one day per week in the Josyln Senior Center classroom. Facilities shall
be left clean upon completion of each class.
C. As compensation for conducting the music program, 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 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. 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. Indernnitv. 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 is in writing and signed by the parties hereto.
Section 8. Assignment, This Agreement shall not be assigned without the priorwritten
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.
Section 10. Attornevs' 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.
Executed this 4th day of August. 1998
CITY OF REDLANDS ATTEST:
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CONTRACTOR
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