HomeMy WebLinkAboutContracts & Agreements_31-2001_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 2 oth day of
February Z-001 by and between the City of Redlands, a municipal
corp_-ration (hereinafter "City" ) and Valerie Fields (hereinafter
"Contractor" ) .
RECITALS
WHEREAS, Contractor has expressed an interest in developing
and conducting Mom= & Me classes 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 Mommy & Me classes;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Valerie Fields hereby agree as
follows :
AGREEMENT
Section 1 . Services ,
A. City hereby authorizes Contractor to develop and conduct
Mommy & Me classes 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 Mommy and Me classes would be for mothers and pre-k
children to learn ski-1-1s necessary for entering kindergarten such
as : colors, shapes, number and letter recognition, name writing,
arts and sciences, as well as basic social skills . Classes will
be scheduled once a week in the Community Center Multi -Purpose
room. Facilities shall be left clean upon completion of each
cl
lass .
C. As compensation for conducting the Mommy & Me classes
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 "All 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 (20)
terminate this Agreement, with or without cause, upon twenty
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 officals, 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
4SS4
directly or indirectly from any act or omission-Lon 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 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 February 20, 2001
Pat Gilbreath, Mayor
ATTEST :
Lorrie Po, City Clerk
CONTRACTOR:
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Value Fields