HomeMy WebLinkAboutContracts & Agreements_14-2000_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this V day of February, 2000 by and
between the City of Redlands, a municipal corporation (hereinafter "City") and The
Legendary Ink Spots Foundation (hereinafter "Contractor").
RECITALS
WHEREAS, Contractor has expressed an interesting in developing and conducting
classes for senior citizens and children in order to build self-esteem through musical
education and coaching programs in preparation for musical performances in front of peer
groups for the City; and
WHEREAS, Contractor has represented to City that it has the requisite experience,
special knowledge and expertise similar to others in the industry conducting musical
education and coaching programs;
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 musical education
and coaching programs. 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 programs shall include training for participants of varying ages.
Programs may be scheduled at City facilities with advance reservations at
no cost. Facilities shall be left clean upon completion of each class.
C. City shall reimburse Contractor for expenses incurred to promote and
provide musical education and coaching programs. Community
Development Block Grant funds, not to exceed $500, shall be utilized for
reimbursement purposes.
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 4rnplo ees. 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.
-S-e-efion 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) day's 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
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 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 by the City's Risk Manager. Contractor shall be
responsible for paying all costs associated with insurance coverage.
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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 1, 2000
Patricia Gilbreath, Mayor
ATTEST:
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LE AR SPO FO ATION
Arthur Rand
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