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HomeMy WebLinkAboutContracts & Agreements_55-2001INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 17th day of April 2001 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Shirley Miller hereinafter "Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in developing and conducting a `Decorative Painting' Class for the City of Redlands' Recreation Bureau; and Joslyn Senior Center. WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise similar to others in the industry conducting painting classes; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Shirley Miller hereby agree as follows: AGREEMENT Section 1. Services. A. City hereby authorizes Contractor to develop and conduct a `Decorative Painting' 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 `Decorative Painting' Class is entirely based on the fundamental principles of painting. Programs will be scheduled once a week in the Joslyn Senior Center Auditorium. Facilities shall be left clean by contractor upon completion of each class. C. As compensation for conducting these classes, 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 to the City for payment. 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, 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: Lorri- Poyzer, CONTRACTOR: Shirley Miller Clerk Date April 17, 2001 Date OSSA/ INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 17th day of April 2001 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Leslie Best (hereinafter "Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in developing and conducting a `Moving Memories' Class for the City of Redlands' Recreation Bureau; and Joslyn Senior Center. WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise similar to others in the industry conducting Moving Memories classes; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Leslie Best hereby agree as follows: AGREEMENT Section 1. Services. A. City hereby authorizes Contractor to develop and conduct a Moving Memories 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 Moving Memories Class is entirely based on the fundamental principles of Dance Movement Therapy. Programs will be scheduled once a week in the Joslyn Senior Center Auditorium. Facilities shall be left clean by contractor upon completion of each class. C. As compensation for conducting these classes, 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 to the City for payment. 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, 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: CONTRACTOR: Leslie Best Date April 17, 2001 Date Fee Waiver - The Boy Scouts of America - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved the request by The Boy Scouts of America for waiver of use and table fees in the amount of $745.00 for the use of Sylvan Park's Section A for their annual Day Camp program which is scheduled to be held June 26-29, 2001 by AYE votes of all present. Agreement - Release Fire Control III - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved an agreement and release for Fire Control III for a structure located at 340 Tennessee Street to conduct live fire training exercises by AYE votes of all present. Resolution No. 5876 - Grant Application - On motion of Councilmember George, seconded by Councilmember Haws, the City Council adopted Resolution No. 5876, a resolution of the City of Redlands providing authorization to apply for a Department of Justice Terrorism Response Equipment grant through the State Office of Emergency Services, by AYE votes of all present. Agreement - Recreation Bureau - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved an independent contractor agreement with Shirley Miller to develop and conduct a decorative painting class at the Joslyn Senior Center and authorized the Mayor and City Clerk to sign the contract on behalf of the City by AYE votes of all present. Agreement - Recreation Bureau - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved an independent contractor agreement with Leslie Best to develop and conduct a dance movement therapy class at the Joslyn Senior Center and authorized the Mayor and City Clerk to sign the contract on behalf of the City by AYE votes of all present. Agreement - National Guard Armory - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved a facility agreement with the National Guard Armory for the State military facility located at 617 Texas Street and authorized the Mayor and City Clerk to sign the contract on behalf of the City by AYE votes of all present. Agreement - Team Management Seminar - On motion of Councilmember George, seconded by Councilmember Haws, the City Council approved, by AYE votes of all present, an independent contractor agreement with Mathis & Associates for specialized personnel consulting services including, but not limited to, a "Team Management Seminar" to be conducted on April 18-19, 2001, and authorized the Mayor and City Clerk to sign the contract on behalf of the City. April 17, 2001 Page 3