HomeMy WebLinkAboutContracts & Agreements_70-2016 INDEPENDENT CONTRACTOR AGREEMENT
This agreement for the provision of water color classes ("Agreement") is made and entered
into this 191" day of April, 2016 ("Effective Date") by and between the City of Redlands, a
municipal corporation (hereinafter "City") and Cindy Sullivan, an individual (hereinafter
"Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and,
together, as the "Parties."
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting water color
classes for City's Recreation Division; and
WHEREAS, Contractor has represented to City that it has the requisite experience, special
knowledge and professional expertise similar to others in the recreation industry who conduct these
services;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and Cindy Sullivan agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby engages Contractor to develop and conduct water color classes for
City's Recreation Division (the "Services"). These classes shall be conducted at the Redlands
Community Senior Center and Community Center. Contractor shall determine the method, details
and means of performing the Services and shall advise City of the same prior to the provision of
any Services under this Agreement. Contractor further agrees to perform the Services to the best of
its ability and in an efficient,safe and competent manner.
B. Services may be scheduled by Contractor for any times, during week days,
depending upon the availability of the Redlands Community Senior Center and Community Center
facility.
C. As compensation for providing the Services, City shall register participants and
collect registration fees for participants in Contractors program. City shall pay Contractor seventy
percent (70%) of the fees collected no later than twenty-one days after the registration period ends.
Contractor shall be responsible for payment of 100% of the fees paid by a participant in connection
with any refund to the participant. City shall have no obligation for refunds.
Section 2. Independent Contractor. It is the expressed intention of the Parties that
Contractor is and shall remain during the term of this Agreement, an independent contractor and
not be an employee or agent of City. Nothing in this Agreement shall be interpreted or construed
as creating or establishing the relationship of employer and employee between Contractor and City.
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The Parties acknowledge that Contractor is not a City 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 the Services without the prior written consent of City.
Section 4. Business License. Contractor shall obtain a City of Redlands business license as
a pre-condition of performing the Services.
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. Notices. All notices shall be given in writing by personal delivery or by mail.
Notices, sent by mail should be addressed as follows:
City: Chris Boatman, Director
Quality of Life Department
City of Redlands
Pa Box 3005
Redlands,CA 92373
Contractor: Cindy Sullivan
1715 Hamilton Court
Redlands, CA 92374
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to whom notices and payments are
to be given by giving notice pursuant to this section.
Section 7. 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 attorneys' fees and other legal expenses, arising
directly or indirectly from any negligent act or omission of Contractor in performing the Services.
Section 8. Entire Agreement/Amendment. This Agreement represents the entire
Agreement of the Parties as to the matters contained herein. Any amendment of this Agreement
shall be effective only if it is in writing and signed by the Parties.
Section 9. 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.
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Section 101. Insurance. Contractor shall provide insurance coverage for program
participants as specified in than City's contract with Southern California Municipal Athletic
Federation for recreation programs. Contractor shall be responsible for, paying all costs associated
with illsurance coverage. Contractor shall obtain and maintain during the lerni of thisAgreement all
insurance re quireld by this Section and, shall submit to City ceilificates of inRlrancic and appropriate
endorsements evidencing that the is is in force and effect, Evidence of such illRlrance shall
ble provided to City concurrent with Contractor's execution of thisAgreement, Acceptance f the
certificates by City shall not relieve Contractor of any of the insurance requirements, contained
herein, nor decrease the liability of Contractor.
Section I I Att r Fees. In the event any action is commenced to enforce or inteij)ret
the terms or conditilons of thisAgreement the prevailing Party shall, in addition to any costs or
other relief, be entitled to recover its reasonable attorneys" fees, including fees for use. of in-house
couns,el by as Party.
Section 12, Hold' Harmless and Indemnification. Contractor shall inderani fy, hold harmless
and defend City and its elected officials, employees and agents from and against any and all claints,
losses or liability, including attorneys' fees, arising frorn injury or death to persons or damage to,
property occasioned by any negligent act, omission or failure to act by Contractor, its employees
and agents in perfomiing the Services.
ary OF REDLANDS'
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.......... ..............
Paul W. Foster, Vayyor
ATTEST- -
�C ty Clerk
Sam Irwin
CONTRACTOR:
Date zc/6
,Cindy Sullivan
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