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not be an employee or agent of City Contractor represents to City that is free from the control of <br />City as to how Contractor's Services are provided, the Services provided by Contractor are not <br />part of City's regular business, and that Contractor is providing same or similar Services to other <br />persons and entities through Contractor's own business, or through other businesses, and that <br />Contractor agrees its provision of the Services pursuant to this Agreement is not Contractor's sole <br />source of business. Nothing in this Agreement shall be interpreted or construed as creating or <br />establishing the relationship of employer and employee between Contractor and City The Parties <br />acknowledge that Contractor is not a City employee for State tax, Federal tax or any other purpose. <br />Section 4. Publicity. Contractor -created marketing materials must be approved in <br />writing by City before distribution and use. City reserves the right to broadcast, televise and <br />photograph class participants for the purpose of marketing. <br />Section 5. Contractor's Employees. No other employees or agents of Contractor shall <br />participate in the performance of the Services without the prior written consent of City <br />Section 6. Business License. Contractor shall obtain a City of Redlands business <br />license as a pre -condition of performing the Services. <br />Section 7. Termination. City shall have the right to terminate this Agreement, with or <br />without cause, upon twenty (20) days prior written notice to Contractor City shall have no liability <br />for any claims or damages resulting to Contractor as a result of any exercise by City of its right to <br />terminate this Agreement. <br />Section 8. Notices. Any notice or other communication required, or which may be <br />given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered <br />(i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, <br />with return receipt requested, (iii) on the actual delivery date if deposited with an overnight <br />courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if <br />confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, <br />in each case properly posted and fully prepaid to the appropriate address set forth below, or such <br />other address as a Party may provide notice in accordance with this section. <br />CITY <br />City Clerk <br />City of Redlands <br />PO Box 3005 <br />Redlands, CA 92373 <br />jdonaldson@citydredlands.org <br />cityofredlands.org <br />Phone 909-798-7531 <br />CONTRACTOR. <br />Dustin Fujiwara <br />29375 Bacon Lane <br />Highland, CA 92346 <br />redlandsrenegade@gmail.com <br />Phone: 909-229-7745 <br />Section 9. Indemnity. Contractor shall defend, indemnify and hold City, its elected <br />officials, officers, employees and agents harmless from and against any and all actions, damages, <br />losses, causes of action and liability imposed or claimed relating to the injury or death of any <br />person or damage to any property, including attorneys' fees and other legal expenses, arising <br />directly or indirectly from any negligent act or omission of Contractor in performing the Services. <br />2 <br />L:\ca\djm\Agreements\Dustin Fujiwara ICA.FY20-0134.doex.jn <br />