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HomeMy WebLinkAboutContracts & Agreements_21-2000INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 15th day of February 2000 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Dr. G. W. Abersold (hereinafter "Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in developing and conducting a History of Religion 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 History of Religion classes; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Dr. G. W. Abersold hereby agree as follows: AGREEMENT Section 1. Services. A. City hereby authorizes Contractor to develop and conduct a History of Religion class 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 History of Religion class is entirely based on the principles of Religion. Programs will be scheduled once a week in the Joslyn Senior Center Classroom 2. Facilities shall be left clean upon completion of each class. C. As compensation for conducting the History of Religion class, 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 submitting an invoice for payment and 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. 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 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: Pat Gilbreath, Mayor ATTEST: CO TO . G. W. Abersold Date Feb. 15, 2000 Date Redlands determining that Kathy Knapp, a local safety member of the Public Employees' Retirement System, employed by the City of Redlands, is incapacitated within the meaning of the Public Employees' Retirement Law for performance of her duties in the position of Police Officer. Resolution No. 5726 - Disability Retirement - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously adopted Resolution No. 5726, a resolution of the City Council of the City of Redlands determining that Carolyn Salisbury, a local safety member of the Public Employees' Retirement System, employed by the City of Redlands, is incapacitated within the meaning of the Public Employees' Retirement Law for performance of her duties in the position of Police Officer. Agreement - Recreation Bureau - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved an independent contractor agreement between the City of Redlands Recreation Bureau and Dr. G. W. Abersold to provide history religion classes for seniors at the Joslyn Senior Center. COMMUNICATIONS Downtown Redlands Brewery - Continued to the 7:00 P.M. session, City Manager's Report - City Manager Luebbers reported we have received an extension from SANBAG for the grant funding of the transit center. The adult bookstore has closed this week. This morning, the Bear Valley Mutual Water Company Board of Directors approved the appointment of Douglas Headrick as the City's second representative on that board. An application has been received for a 200,000 square foot office building and restaurant site on Redlands Boulevard, just west of Lowe's project. A contract has been award to Shockey for the San Timoteo Canyon project. Councilmember George also announced a grant application is being prepared for submission to Congressman Lewis for two new parking structures in downtown, traffic calming devices on Citrus Avenue, and trails on the Zanj a system. Mid -Year Budget Review - City Manager Luebbers presented a fund balance status report and an updated General Fund budget estimate for 1997-98 through 2000-01 noting the numbers are better than we had hoped. He reported that with 50 percent of the fiscal year complete, General Fund revenues are 47.2 percent received while expenditures are 46.98 percent spent. Permit and fee revenue is more than had been anticipated. A large portion of the major General Fund revenues, such as property taxes, franchise fees, and business license fees, are normally collected in the second half of the fiscal year. Overall, expenditures are projected to come in under budget primarily due to salary savings from February 15, 2000 Page 4