HomeMy WebLinkAboutContracts & Agreements_129-2000INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into as of this 21st day of November 2000 by and between
the City of Redlands, a municipal corporation (hereinafter "City") and Redlands Community
Music Association (hereinafter "Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting Children's
Summer Workshops for the City of Redlands as part of the Community Development Block Grant
program; and
WHEREAS, Contractor has represented to City that it has the requisite experience, special
knowledge and expertise similar to others in the industry conducting children's workshops;
NOW THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Redlands Community Music Association hereby agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby authorizes Contractor to develop and conduct two Children's Summer
Workshop series as part of the Community Development Block Grant program. 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 Children's Summer Workshop program shall include music and dance
programs free to children of all ages. Workshops will be held October 1, 2000 through September
30, 2001 in the Community Center multipurpose room located at 111 W. Lugonia Avenue,
Redlands, Facilities shall be left clean upon completion of each class.
C. As compensation for conducting the Children's Summer Workshop program, City
shall reimburse Contractor for all administrative, entertainment and advertising expenses directly
associated with the program. The total reimbursement shall not exceed $5,200.00.
D. Contractor shall submit to City a complete record of the services performed,
including, but not limited to: copies of invoices, agreements, payroll expenses, administrative
records, advertisements, and backup materials. A detailed accounting of the services performed,
person(s) performing services and cost breakdown shall also be provided to the City.
Administration and personnel records shall be available for examination by the City.
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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 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. 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 5. 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 6. 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 7. 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 S. Attorney's Fees. In the event any action is commenced to enforce or interpret
the terms or conditions of the Agreement the prevailing party shall, in addition to any costs or
other relief, be entitled to recover its reasonable attorney's fees.
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CITY OF REDLANDS
Date: November 21, 2000
Mayor
ATTEST:
orrie Poyzer,/y)Cl.erk
REDLANDS COMMUNITY MUSIC ASSOCIATION
Date: /lop
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approved by the City Council on November 7, 2000. It also reflects additions to
the Police Department staffing levels which were approved by the City Council
on November 7, 2000, (COPS More grants) and the recent reassignment of two
classifications (Assistant Finance Director and City Planner) from the Mid -
Management unit of representation to the Management unit of representation.
Appointment - DRBA Board - On motion of Councilmember George, seconded
by Councilmember Freedman, the City Council unanimously appointed Heather
Stevening to the Downtown Redlands Business Association (DRBA) Advisory
Board as recommended by the DRBA Advisory Board.
CDBG Funds - Project Home Again - On motion of Councilmember Haws,
seconded by Councilmember Freedman, the City Council approved
establishment of a new project, Project Home Again: Infrastructure
Improvements, for the purpose of constructing sewer and water main
improvements to the Family Service Association's Project Horne Again facility
located at 612 Lawton Street, using $50,000.00 in CDBG funds from CDBG
Project No. 111-20925/1229 (Project Home Again: Playground Equipment) and
$3,000.00 from CDBG Project No. 111-20825/1230 (Counseling Center and
Design -Family Service Association) with Councilmember Gilbreath abstaining.
On motion of Councilmember Haws, seconded by Councilmember Freedman,
the City Council approved cancellation of Project No. 111-20925/1229 (Project
Home Again: Playground Equipment) and to reprogram the $3,000.00 in
allocated funds into the newly created project, Project Home Again:
Infrastructure Improvements with Councilmember Gilbreath abstaining, On
motion of Councilmember Haws, seconded by Councilmember Freedman, the
City Council approved cancellation of Project No. 111-20825/1230 (Counseling
Center and Design -Family Service Association) and to reprogram the $3,000.00
in allocated funds into the newly created project, Project Home Again:
Infrastructure Improvements with Councilmember Gilbreath abstaining.
Agreement - Redlands Bowl Children's Summer Workshops - On motion of
Councilmember George, seconded by Councilmember Freedman, the City
Council unanimously approved an independent contractor agreement with the
Redlands Community Music Association for implementation of the Redlands
Bowl Children's Summer Workshops.
CC&Rs - C.U.P. No. 404 - On motion of Councilmember George, seconded by
Councilmember Freedman, the City Council unanimously consented to the
modification or elimination of the CC&Rs placed on a 3.39 acre parcel located
north of Cypress Avenue and westerly of Redlands Boulevard as the owner is no
longer proposing to building a congregate care facility on this site which was
approved in 1984 under Conditional Use Permit No. 404.
Orange Street Closure - Market Night - Councilmember George moved to
approve the DRBA's recommendation to close Orange Street from Citrus
Avenue to Redlands Boulevard at 5:00 P.M. on Thursdays for Market Night to
November 21, 2000
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