HomeMy WebLinkAboutContracts & Agreements_101-2000INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 5th day of
September 2000 by and between the City of Redlands, a municipal
corporation (hereinafter "City") and Becky Price (hereinafter
"Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing
and conducting violin lessons 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 violin lessons;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Becky Price hereby agree as
follows:
AGREEMENT
Section 1. Services.
A. City hereby authorizes Contractor to develop and conduct
violin lessons 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 violin lessons shall teach participants to learn and
relate to the violin. Lessons will be scheduled once a week in
the Community Center small classroom. Facilities shall be left
clean upon completion of each class.
C. As compensation for conducting the violin lessons 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 "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:
Lor vie Poyty Clerk
CONTRACTOR:
z ft-,
Becky Price
Date September 5, 2000
Date 1 , 1 g --' op
Linda Towing, and Allen Wenzel was on this agenda to notify the public of the
twins agreed to by the City Council in a closed session.
Funds - University of Redlands Director of Public Safety - On motion of
Councilmember Freedman, seconded by Councilmember Gilbreath, the City
Council unanimously approved an additional appropriation in the amount of
$132,272.00 to fund the Director of Public Safety position at the University of
Redlands. The University will fully reimburse the City for all costs associated
with this position.
Funds Habitat for Humanity - On motion of Councilmember George, seconded
by Councilmember Freedman, the City Council unanimously approved a request
from Habitat for Humanity for Neighborhood Initiative Program funds in the
amount of $45,000.00 in conjunction with the improvement project at
1140 Sixth Street.
Agreement - Joslyn Senior Center - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously
approved an independent contractor agreement with Ana Alford for a quilting
and embroidery class for senior adults at the Joslyn Senior Center and
authorized the Mayor and City Clerk to execute the agreement on behalf of the
City.
"Agreement - Community Center - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously
approved an independent contractor agreement with Rebecca Price for violin
lessons for youth, teens and adults at the Community Center and authorized the
Mayor and City Clerk to execute the agreement on behalf of the City.
Appointments - DRBA Advisory Board - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
reappointed Larry Statler, Tami Barr, and Gary George to the Downtown
Redlands Business Association (DRBA) Advisory Board as recommended by
the DRBA Advisory Board.
Release of Lien Agreement - On motion of Councilmember George, seconded
by Councilmember Freedman, the City Council unanimously authorized the
release of a lien agreement with The Glorious Redland Investment Partnership
dated April 20, 1984 for improvements to Orange Avenue, east of Kansas
Street, with the provision that an in -lieu payment will be made for those
improvements yet to be installed.
Fee Waiver - Project Home Again - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously
approved a fee waiver for environmental review application fees for the Project
Home Again expansion project located at 612 Lawton Street.
September 5, 2000
Page 3