HomeMy WebLinkAboutContracts & Agreements_49-2003_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEME,VY
This Agreement is made and entered into this 18th day of'.Nlarch 2003 ley incl between the City of
Redlands,a municipal corporation (I iei-cinaller"City") ai id Jennifer Camp (Ite.reiiialter"Cotiti-;tctor").
RECITALS
WHEREAS, Contractor has expressed an interest in providing case niana(gcnicnt services for the City
of Redlands Building a Generation Division; and
WHER1AS,Contractor has,represented to City that it has the requisite experience,special knoNdedge
and expertise to provide management and coordination services:
NOW, THEREFORE, in consideration of the mutual promises contalincol herein, (lie City and
Contractor hereby agree as follows:
A(''REEMENT
Section 1. Term.
The term of this Agreement shall be from March 18, 2003 through]une 30, 2003,unless terminated
earlier by City%irithout cause and in Its sole discretion,by providing ten (10)days prior ivnitten notice of
ic
such termination to Contractor.
Section 2. Services.
A. City licreby authorizes Contractor to provide case niana(genient sere ccs for City's Building a
Generation,Children and Families Commission gr-runt. Contractor shall determine die method,details
and nicans of perforining the above-described services and shall advise City of tine same prior to
commencing any activities under this kgrccnicnt. For the purposes ol'this agreement,"provide case
management scIA-1ces" shall include, but not be 11111itc(I to, the following:
I) Work directly with parents to find appropriate resources for health care,mental health, vision,
dental, and programs and services that fit family needs at four Family Resource Center sites in
the Redlands Unified School District.
ii) Perform initial client assessments, develop individualized plans. act as an advocate/liaison,
develop, implement and monitor individual services plan.
iii) Be responsible for coordinating and assisting social work coordinators, working with school
personnel, non-profit agencies, and community based organizations to identify needs for families.
11. Contractor shall detcrinine the method, detalils, mol nicans ol'perfOrniflig the above described
services and shall advise City of the saine prior to commencing any activities under this Agreenient.
Contractor further agrees to pci-forni such services to the best of its ability and in ;in eflicicilt,
professional and competent manner.
C. As compensation for providing(-()ordination of'sciAriccs, CItN- shall pay Contractor no niore
than SMOM from March 18, 2003 -June t30, 2003 at a base rate pay of$201/liour.
Section 3. Insurance and Indemnification
Section 3.1 Indct)endciit Contractors. It is the express intention of die parties hereto that Contractor
is an independent contractor and not an employee or agent of City. Nothing in flu's 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.
3.2 Contractors Insurance to be Primary
All insurance required by this Agreement is to be maintained by Contractor for the duration of this
Project and shall be primary with respect to City and non-contributing to any insurance or self-
insurance maintained by the City. Contractor shall not perform any Services pursuant to this
Agi-cenient,unless and until all required insurance fisted below is ol)tw'iicd I)v Contractor. Contractor
shall provide City Arvidi Certificates of Insurance and endorsements evidencing such insurance prior to
commencement of work. All insurance policies shall include a provision proNbitu'ig cancellation of
the Policy except upon thirty (30) days prior written notice to City.
I ty.
3.3 Workers Compensation and Employers Liability
A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of this Agreement in amounts, which meet statutory
requirements with an insurance carrier acceptable to city.
In the event Contractor is claiming it is exempt from the provisions of California Law requiring
Worker's Compensation Insurance coverage for the project that is the subject of this Agreement,
and Contractor is a licensed contractor or professional, Contractor shall provide City with a
certificate that has been filed with the Contractor's State License Board or other professional
licensing board, for the State of California confirming said exemption is applicable to this
Agreement. If Contractor is not a licensed professional,and/or contractor, Contractor will
provide City with a letter stating the basis for Contractor's exemption. Contractor will file said
certificate, or letter, with the City prior to work commencing. Contractor further agrees to
indemnify,defend and hold harmless the City and its elected officials, agents and employees
from any and all fines, penalties and/or damages of any kind for violation of any law as it relates
to Contractor's failure to provide worker's compensation insurance, if said exemption from
worker's compensation insurance coverage is found to not apply to Contractor for the project
which is the subject of this Agreement,
B. Contractor expressly waives all rights to subrogation against City, its officers,employees and
volunteers for losses arising from work performed by Contractor for City by expressly waiving
Contractor's immunity for injuries to Contractor's employees and agrees that the obligation to
indenuilky,defend and hold harmless provided for in this Agreement extends to any claim brought by
or on behalf of any employee of Conti-actor. 171flis waiver is mutually negotiated by the parties. This
shall Trot apply to any damage resulting from the sole negligence of'City,its agents and employees. To
Clic extent any ol'ilio l-
daniagcs rerenced herrin were caused I)v or resulted from the concti ut
g e rrc
negligence of-City,its agents or employees, the obligations provided lict-cin to indemnify,defend and
liold harmless is valid and cril'Orccable only to the extent of*the negligence ol'Contractor, its officers,
agents and employees.
3.4 Comprehensive General Liability Insurance. Contractor sliall secure and inaintmin in force
throughout the duration of A4Tccnient corripi-cliciisive general liabili1ty with c
g 1 1m-ners
acceptable to City. Mininitini coverage of one million dollars (S I A0,000) per occurrence and two
million dollars ($2,000,000) agregate for public liability, property damage and personal injury is
required. Contractor shall obtain an cridorsenient,that City shall be named as an additional insured.
3.5 Professional Liability Insurance. Contractor shall secure and maintain professional liability
insurance throughout the duration of' this Agreement in the aniourit- of one million dollars
($1,000,000) per claim made.
3.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,With
minimum limits of I million ($1,000,000) per occurrence, combined single limit for bodily injury
junr
liability and property damage liability. This coverage shall include all consultant ovviicd vehicles used
on the project,hired and noir-owned vehicles,and employee non-ownership vehicles. Contractor shall
obtain an,endorsement that CANY shall be named as an additional insured.
3.7 Assignment mid Insurance Requirements. Contractor is expressly prohibited from subletting
or assigning any of the services covered by this Agreement without the express wriucii consent ofClt-v,.
In the extent of mutual agrcciiient l)etxvccii parties to sublet a portion of'(I ic Services,the Contractor
will add the subcontractor as an additional insured and provide City with the insurance endorsements
prior to any ivork being pci-I'Mried by the subcontractor. Assignincrit does not include printing or
other customary reimbursable expenses that may be provided in this AgTeeniciiL
3.8 Hold Harmless and Indemnification. Contractor shall defend, indemnify and hold liarinless
City, its elected officials,otlicers,employees and agents, 1'roin andaWminst any and all actions,claims,
dertimids,lawsuits,losses and liability for damages to persons or IMI)CI-tv,including costs and attorney
fees,that may be asserted or claimed I)NI any person,firm,entity,Corporation,political subdivision or
other organization arising out ol'or in connection with Contractor's negligent and/or intentionally
wrongful acts or omissions under this Agreement; but excluding sucli actions, claiiins, deniands,
lawsuits and liability for drum ages to persons or property arising from the sole negligence or
intentionally wrongful acts of-Cite, its officers, employees or agents.
Selcti(xij. Business-license. Contractor shall obtain a Redlands Business license as a condition of,
1wrl'orming the services required hereunder.
Section 5. Indemnity. Contractor shall defend,Indeninit'v and hold City,its elected officials,ofliccrs,
employees and agents harmless firoin and a�;ainst any and all actions,(faimiges,losses,causes of*ac6on
and liability imposed or claimed relatin(r to the injury or death of- any person or damage to any,
property, including attorney's 1'ecs and other legal expenses,arising directly or indirectly from ajiv act
Or omission of Contractor in performing its services hereunder.
'Section 6. Entire As,cciiient/Modification. 'Phis Agreement represents the entire Agreement of the
parties hereto as to the matters contained herein. Any modification of thus Agrecruentwill be effective
only If it is in VVniting and signed by die parties hereto.
Section 7. Assignment. This Agrect-licrit,shall not be assl4mcd Without the pn*or*v)vTitteii 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 oft hisAgreement.
Section 9. Attomevs'Fccs. In the excnt any action is commenced to enforce or interpret the terms or
conditions of this Agrecilictit, the prevailing party shall, in addition to any costs or other relief, be
entitled to recover its reasonable attorneys' fees.
Executed thl's 18th day of March, 2003
CITY OF REDLANDS ATTEST:
Mayor Citv,,CIerk
CO 'TRACTOR
Je�dfer CwW
INDEPENDENT C0NTRAC`I'0R AGREEMENT
This Agreement is made and entered into this 18th day ol'March 2003 by and between the City of'
Redlands, a municipal corporation (liercluafter"City") and Dustin Clelcti (hereinafter"Contractor").
RECITALS
WHEIRE-AS,Contractor has expressed an interest in providing case management services for the CM,
of'Red1mids Building a Generation Division; and
WHEREAS,Contractor has represented to City that it li.Ls the requisitc experience,special knowledge
and expertise to provide nianagenicnt and coordination services;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and
Contractor hereby agree as follows:
AGREEMENT
Section 1. Terni.
The term of this Agreement shall be from March 18, 2003 through June 30, 2003, unless terminated
earlier by City without cause and in its sole discretion,by providing ten(10)days prior written notice of
such tennination to Contractor.
Section 2. Services..
A. City hereby authorizes Contractor to provide case nianag-ciricirt services for CAVS Building a
Building
Generation,Children and Families Commission grant. Conti-actor shall dctcniiinc the method,details
and means of performing the al)ove-(Icscn*l)c(l services and shall advise City of the same prior to
commencing any activities under this Agreement. For the purposes ol'this agreement,"pro-vide case
management services" shall include, but not be limited to, the folloXV111,14'.
i) Work directly with parents to find appropriate resources for health care,mental health, vision,
dental, and programs and services that fit family needs at four Family Resource Center sites in
the Redlands Unified School District.
ii) Perform initial client assessments, develop individualized plans, act as an advocate/liaison,
develop, implement and monitor individual services plan.
iii) Be responsible for coordinating and assisting social work coordinators, working with school
personnel,non-profit agencies, and community based organizations to identify needs for families.
B. Contractor shall determine the method, (Ictatils, and nicaus of'performing the above described
services and shall advise City of the saine prior to commencing any activities under this Agreement.
Contractor further agrees to perf'Orin such services to the best of' its ability and in an c1liciclit,
profcsslonal and competent manner.
C. As compensation for providing coordination of'sciApices. City shall pav Contractor no more
than $18,000 from March 18, 2003 -itille 30, 2003 at a basc rate pay of`$1.5Jliour.
Section 3. Insurance and Indemnification
Section 3.1 ln(Icr)cii(iciit Contractors. It is the express intention offlic 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.
3.2 'Contractors Insurance to be,Priniary
All insurance required by thiscNgreenrent is to be maintained by Contractor for the duration of this
Project ect and shall be primary with respect to City and non-contributing to any insurance or self-
lustiMucc maintained by the City. Contractor shall not perform any Services pursuant to this
Agreement unless and until all required insurance listed below is obtained by Contractor. Contractor
shall provide City With Certificates of Insurance and endorsements evidencing such insurance prior to
commencement of work. All insurance policies shall *include a provision prohibiting cancellation of
the policy except Upon thirty (30) days prior written notice to City.
3.3 'Workers Compensation and Emplovers Liability
A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout.the duration of this Agreement in amounts, which meet statutory
requirements with an insurance carrier acceptable to City.
In the event Contractor is claiming it is exempt from the provisions of California Law requiring
Worker's Compensation Insurance coverage for the project that is the subject of this Agreement,
and Contractor is a licensed contractor or professional, Contractor shall provide City with a
certificate that has been filed with the Contractor's State License Board or other professional
licensing board,for the State of California confirming said exemption is applicable to this
Agreement. If Contractor is not a licensed professional,and/or contractor, Contractor will
provide City with a letter stating the basis for Contractor's exemption. Contractor will file said
certificate,or letter, with the City prior to work commencing. Contractor further agrees to
indemnify, defend and hold harmless the City and its elected officials, agents and employees
from any and all fines, penalties and/or damages of any kind for violation of any law as it relates
to Contractor's failure to provide worker's compensation insurance, if said exemption from
worker's compensation insurance coverage is found to not apply to Contractor for the project
which is the subject of this Agreement.
B. Contractor expressly waives all rights to subrogation against City, its officers,employees and
volunteers for losses arising from work performed by Contractor for City' by expressly waiving
Contractor's immunity for injuries to Contractor's employees and agreesthat the obligation to
indemnify,defend and hold harmless pro,.ridcd for in this Agreement extends to any claim brought by
or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. Tin's
shall not apply to any damage resulting from the sole negligence of City,its agents and employees. To
the extent any of the damages referenced here* were caused by or resulted from the concurrent
in
negligence of City,its agents or employees,the obligations provided herein to indemnify,defend and
hold harmless is%,alid and enforceable only to the extent of the negligence of Contractor,its officers,
agents and employees.
3.4 Comprehensive (ociict-alViability Insurance. Contractor shall secure aii(Imaintain iiiforce
throughout the duration of this Agreement, comprehensive general liability insurance with carriers
acceptable to City. Minimum coverage of one million dollars {$1,000,000) per occurrence and two
million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is
required. Contractor sliall obtain an endorsement that Cite shall be named as an additional insured.
3.5 Professional UabilityInsin-ance. Contractor shall secure and maintain pr<-)fcssi )ii�illi bility
R liability
insurance throughout the duration of this Agreement in the amount of one million dollars
{$1,000,000) per claim made.
3.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,with
minimum limits of I million ($1,000,000) per occurrence, combined single limit for bodily injury
liability and property damage liability. 71"his coverage shall include all consultant,owned velucIcs used
on the project,hired and non-owned vehicles,and employee non-ownership vehicles. Contractor shall
obtain an endorsement-that City shall be named as an additional insured.
3.7 Assignment and Insurance Rcquircments. Contractor is expressly prohibited from subletting
or assigning any of the services covered by this Agreement Without the express written consent of City.
In the event of mutual agreement between parties to sublet a portion ol'the Senq'ccs, the Contractor
will add the subcontractor as an additional insured and provide City with the insurance endorsements
prior to any work being performed by the subcontractor. Assigiiniciit does not include printing or
other customary reimbursable expenses that may be provided in this Agreement.
3.8 Hold Harmless and Indemnification. Contractor shall defend, ndeniniN and hold harmlessc i
City,its elected officials,officcrs,employees and agents, From and against any and all actions,claims,
demands,lawsuits,losses and liability for damages to persons or property,including costs and attorney
fees,that may be asserted or claimed by any person,firm,entity,corporation,political subdivision or
other organization arising out of or in connection with Contractor's negligent and/or intentionally
wrongfid acts or omissions under this AgTcenient; but excluding such actions, claims, demands,
lawsuits and liability, for damages to persons or property arising from the sole negligence or
intentionally wrongful acts of City, its officers, employees or agents.
Section 4. Business License. Contractor shall obtain a Redlands Business license as a condition of
performing the services required hereunder.
Section 5. Indemnity. Contractor shall defend,indemnify and hold City,its elected officials,officers,
employees and agent-,harmless from and against any and all actions,(laniagges,losses,causes of action
and liability imposed or claimed relating to the injury or death ol'any person or damage to any
including ncluding attorney's fees and other legal expenses,arising directly or indirectly from any act
or omission of Contractor in performing its service,-,hereunder.
Section 6. Entire AwecipentAModification. This Agreement represents the entire Agreement of the
parties hereto as to the matters contained herein. Any modification ot'this Agreementwill be effective
0111V 11'it is in writing and signed by the wrtics hereto.
Section 7. Assignment. This A�Teemcnt shall not be assigiicd without the prior i-vn'ttcn 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. Attorneys'Fees. In the event any action is coninicticcd 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.
Executed this 18th day of March, 2003
CITY OF REDLANDS ATITST:
Mayor City>Clerk
CONT W-kCOR
L,
Dustin Clelen