HomeMy WebLinkAboutContracts & Agreements_210-2002This Agreement is made and entered into this 17 th day of
December 2002 by and between the City of Redlands, a municipal
corporation thereinafter "City"; and Issac Angulo(he-reinafter
"Contractor").
WHEREAS, Contractor has expressed an interest in developing
and conducting drawing and art lessons for the City of Redlands
Recreation Bureau;'Ad
WHEREAS, Contractor has represented to City that it has the
requisite experience, special knowledge and expertise similar to
others in the industry conducting drawing and art lessons;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Issac Angulo hereby agree as
follows:
FAURNIMULTIRMIM
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 drawing and art lessons shall teach proven
techniques and insight for drawing and give students a keener eye.
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 drtwi-ng- and art
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.
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
-t �-- - -
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 ils in writing and signed by the parties
hereto.
.Section 8. Assignment. '117h-is Agreement shall not be assigned
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without the prior written consent of City. Any assignment, or
attempted assignment, w-41-hout such prior consent, shall be null
and void and, at the option of City, result --in th e irtntmediat- e
termination of this Agreement.
Section 9. Insurance. Contractor shall provide insurance
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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
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paying all costs associated with insurance coverage.
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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 REDLA DSI:
Date December 17, 2002
z
Karl N. Haws, Mayor
Lorr�,,b Poyzer,/' itry Clerk
CONTRACTKR.y.
Date
Issac Angelo