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INDEPENDENT CONTRACTOR AGREEMENT
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This Agreement is made and entered into this 2nd day of July 199 6 by and
between the City of Redlands, a municipal corporation {hereinafter "City") and Virginia Zak, an
individual, (hereinafter "Contractor"),
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting keyboard
lessons for the City of Redlands Recreation Division; and Virginia Zak,
WHEREAS, Contra tof has represented to City that it has the requisite expe,;A"- S„. rpt
knowledge and expertise similar to others in the industry conducting keyboard lessons,W
NOW, THEREFORE, in consderation of the mutual promises contained herein, the City of
Redlands and Virginia Zak hereby agree as follows:
AGREEMENT
Section l Service
A. City hereby authorizes Contractor to develop and conduct keyboard lessons for City's
Recreation Division. Contractor shalt determine the method, details and means of performing the
above-described services and shall advise City ofthe same prior to commencing any activities under
this Agreement. Contractor further agrees to perform such services to the best of her ability and in
an efficient, safe and competent manners
B. The keyboard lessons shall entail training for children and adults. Programs may be
scheduled during regular business hours in a Joslyn Senior Center classroom. Facilities shall be left
clean upon completion of each class.
C. As compensation for conducting the a keyboard lesson 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 participant 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 Redlands Business a"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. Indemn4, 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 cr 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 par-ties hereto.
Sect-ion 8. Assignment, This agreement shall not be assigned without the prior written
consent of City. Any assignment or attemped 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 t-rm of this Agreement
all insurance required by this Section and shall submit to City, concurrent with execution of this
Agreement, Certificates of Insurance evidencing the fact that such insurance is in force. Acceptance
of the Certificates by City shall not relieve Contractor of any of theinsurance requirements contained
herein, nor decrease the liability of Contractor,
a Workers'_compensation and employer's liability insurance.
(b) Comprehensive automobile and general liability insurance in amounts not lens than
00,000 for each. Such insurance shall not be reduced or canceled unless (30) days prier
written notice is provided to City,
(c) City shall be named as an additional insured on all policies and such insurance shall
e primary and non-contributing to any insurance or self-insurance maintained by City.
Sedan 10. A me 's'Fees. Inthe event any action is commenced to enforce or interpret
the terms or conditions of ths Agreement tie prevailing party shall, in addition to any costs or ether
relief", be entitled to recover its reasonable attorneys'fees.
CITY OF REDLANDS
Date July 2, 1996
Swen Larson,Nkyor
ATTEST
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Date `. 9-6
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