HomeMy WebLinkAboutContracts & Agreements_44-1999_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made
and entered into this 18th day of may,
1999 by and between the City of Redlands, a municipal corporation
(hereinafter "City,,) and Tony Birabent (hereinafter "Contractor") .
RECITALS
WHEREAS, Contractor has expressed an interest in developing
and conducting a trumpet 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 trumpet 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 trumpet 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 trumpet program shall include training for
participants fourteen years and older. Programs may be scheduled
one or two days per week in the Community Center classroom.
Facilities shall be left clean upon completion of each class.
C. As compensation for conducting the trumpet 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 .
1
Section 2 . Independent Contractor.
intention of the parties hereto that Contractor It sishanexpress innde e
contractor and not an employee or agent of Cit pendent
City.
Agreement shall be interpreted or construed ascreatingnorin this
establishing a relationship of employer and employee between
8� Contractor and City. Both parties
is
not an employee for State tax, Federal ntax eor anydgeaothertpurpose.P
Section 3 . Contractor' s Em to ees .
Contractor ' s employees and agents who may A listing of all
in the
performance of Contractor' s obligations herreunderparticipiseattached
hereto as Exhibit "A" and incorporated herein b
y this r
No other employees or agents of Contractor shall participatencein •
the performance of services hereunder without the prior written
consent of City.
Section 4 . Business License.
Contr
Redlands Business license as a condition actor
shall obtain a
services required hereunder. Performing the
Section 5 . Termination. City shall have the right to
terminate this Agreement, with or without cause,
days prior written notice upon twenty (20)
to Contractor.
liability for any claims or damages resulting shall have rno
result of any exercise b g to Contractor as a
Agreement . Y City of its right to terminate this
Section 6. IndemnitContractor shall defend
and hold City, its elected officials, officers, employeesandagents 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 an g
y 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 AreementlModification.
This Ag
represents the entire Agreement of the parties hereto asrtomthe
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 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 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 REDLANDS:
Date May 18, 1999
William E. Cun�ningha Mayor
ATTEST:
Lor ' e Loy 4 UHity Clerk
CONTRACT
CONTRAC R:
Date