HomeMy WebLinkAboutContracts & Agreements_209-2002This Agreement is made and entered into this 17th day of
December 2002 by and between the City of Redlands, a municipal
corporation (hereinafter "City") and Mina I-Jaint'here-inafter
"Contractor").
D VrTrP AT, Q
WHEREAS, Contractor has expressed an interest in developing
and conducting intermediate yoga lessons for the City of Redlands
Recreation Bureau; 'arid
WHEREAS, Contractor has represented to City that it has the
requisite experience, special knowledge and expertise similar to
others in the industry conducting intermediate yoga lessons;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Mina Jain hereby agree as follows:
Section 1. Services.
A. City hereby authorizes Contractor to develop and conduct
drawing and art 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 intermediate yoga lessons shall focus on -#simple and
gentle moves to tone and shape muscles, improve flexibility,
enhance circulation, build strength and increase stamina. Lessons
will be scheduled once a week in the Communitv Center multi-
purpose room. Facilities shall be left clean upon completion of
each class. W
C. As compensation for conducting the intermediate 4 yoga
lessons City shall registerparticipants and collect registration
�on
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. Indeoendent, Contractor. It is the express
intention of the part
ies 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.
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
-Les
hereto.
Sectidn 8.' A:ssian.ment. This Agreement shall not be assigned
without the prior written consent of City. Any assignment, or
attempted assignment, W4 "-hout 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 Drovide 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.
I
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 REDTANDS:
Date December 17, 2002
Karl N. Haws, Mayor
RANEW&W
Lorr;'.e' Poyzer,- Lt'
Clerk
WENN "11-MA
Date
Mina Jain 61