HomeMy WebLinkAboutContracts & Agreements_152A-2005_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
FOR LANDSCAPE MAINTENANCE SERVICES
This Agreement is made and entered into this 2nd day of August, 2005, by and between
the City of Redlands ("City") and Etherton Lawn Service ("Contractor").
In consideration of the mutual promises, covenants and conditions hereinafter set forth,
City and Contractor agree as follows:
ARTICLE I - ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to furnish landscape maintenance services for City's
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"Fire Resistant-Demonstration Garden" located at the City's Ford Park (the "Services").
1.2 The Services shall be performed by Contractor in a professional manner and Contractor
represents that it has the skill and the professional expertise necessary to provide the Services to
City at a level of competency presently maintained by other practicing professionals in the
industry.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 The specific Services which Contractor shall perform are more particularly described in a
bid from Contractor dated April 15, 2005, attached hereto as Exhibit "A" and incorporated herein
by this reference.
2.2 Contractor shall comply with all applicable Federal, State and local rules, laws and
regulations in the performance of this Agreement including but not limited to all applicable
Labor Code and prevailing wage laws commencing at California Labor Code section 1770 et
seq. and non-discrimination laws including the American's with Disabilities Act. Pursuant to
California Labor Code section 1773.2, copies of the prevailing rates of per them wages as
determined by the Director of the California Department of Industrial Relations for each craft,
classification, or type of worker needed to execute this agreement are on file at the City of
Redlands office of the Public Works Department, Civic Center, 35 Cajon Street, Suite 222 (P.O.
Box. 3005 mailing), Redlands California 92373.
2.3 Contractor further understands that if it violates the California Labor Code as it relates to
prevailing wage, that City shall enforce the California Labor Code by Notice of the withholding
of contract payments to the Contractor or Subcontractor pursuant to Labor Code section 1771.6.
2.4 Contractor agrees that if it executes an agreement with a subcontractor to work on this
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Project., that the Contractor shall comply with California Labor Code section 1775 and 1777.7
including providing the subcontractor with copies of the provisions of Sections 1771, 1775,
1776, 1777.5. 1813 and 1815 of the Labor Code. Contractor acknowledges that the statutory
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provisions for penalties for failure to comply with state wage and hour laws and to pay prevailing
wages will be enforced by the City pursuant to labor Code sections 1775 and 1813.
2.5 Contractor and any of its Subcontractors shall comply with the provisions of California
Labor Code section 1776 regarding payroll records maintenance, certifications, retention and
inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Sections 1771, 1775, 1776, 1777.5 1813 and 1815 of the California Labor
Code.
ARTICLE 3 - PERIOD OF SERVICE
3.1 Contractor shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Exhibit "A." In the event there are five weeks in a month, the
Services shall not be performed in the fifth week of such month, unless requested by City in
writing.
ARTICLE 4 - PAYMENTS TO THE CONTRACTOR
4.1 The compensation for Contractor's performance of the Services shall be Fifty Dollars
($50.00) per week. The Services shall be performed four (4) times per month. If City requests
Services be performed during the fifth week in a month, the cost for such Services shall be Fifty
Dollars ($50.00).
4.2 The total compensation to Contractor for performance of the Services shall not exceed
Two Thousand Six Hundred ($2,600.00) Dollars per calendar year.
43 Contractor shall invoice City and shall be entitled to payment within thirty (30) days
thereof. City retains the right to challenge all or any part of the invoice. Payments by City to
Contractor shall be made within thirty (30) days after receipt and approval of Contractor's
invoice, by warrant payable to Contractor.
4.4 All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows:
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CITY: CONTRACTOR:
Larry Egan, Deputy Chief Richard Etherton
Redlands Fire Department Etherton Lawn Service
City of Redlands 1205 Jasmine Street
PO Box 3005 Redlands CA 92374
Redlands, CA 92373
When so addressed, notices shall be deemed given upon deposit in the United States mail.
Changes may be made in the names and addresses of the persons to whom notices and payments
are to be given by giving notice pursuant to this Section.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 Contractor's Insurance to be Primary. All insurance required by this Agreement shall be
maintained by Contractor during the term of this Agreement, and shall be primary with respect to
City and non-contributing to any insurance or self-insurance maintained by City. Contractor
shall provide City with Certificates of Insurance and endorsements evidencing such insurance
prior to commencement of any Services.
5.2 Workers' Compensation and Employer's Liability
A. Contractor shall secure and maintain Workers Compensation and Employer's
Liability insurance for its employees throughout the term of this Agreement pursuant to
California Labor Code sections 3700 and 1860 and in amounts which satisfy statutory
requirements with an insurance carrier acceptable to City. The insurance policy shall include a
provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice
to City.
B. Contractor waives all rights to subrogation against City, its elected officials,
officers and employees for losses arising from work performed by Contractor for City by also
waiving Contractor's immunity for injuries to Contractor's employees. Contractor agrees that the
obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any
claim brought by, or in behalf of, any employee of Contractor. This waiver is mutually
negotiated by the parties. This Subsection shall not apply to any damages resulting from the sole
negligence of City, its agents and employees. To the extent any damages referenced herein were
caused by, or resulted from, the concurrent negligence of City, its agents or employees, the
obligations provided herein to indemnify, defend and hold harmless are valid and enforceable
only to the extent of the negligence of Contractor, its officers, agents and employees.
5.3 Comprehensive-General Liability Insurance, Contractor shall secure 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
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liability, property damage and personal injury is required. The insurance policies shall include
provisions prohibiting cancellation of the policy except upon thirty (30) days prior written notice
to City. Such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
5.4 Business Auto Liability Insurance. Contractor shall secure business automobile liability
coverage with minimum limits of Two Hundred Fifty Thousand ($250,000) Dollars per
occurrence, combined single limit for bodily injury liability and property damage liability. The
coverage shall include all Contractor-owned vehicles, hired and non-owned vehicles and
employee non-ownership vehicles used in connection with the Services.
ARTICLE 6 - MISCELLANEOUS PROVISIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing party shall, in addition to any costs and other relief,
be entitled to recover its reasonable attorneys' fees.
6.2 Either party may terminate this Agreement, without cause, by providing twenty (20) days
prior written notice to the other party (delivered by certified mail, return receipt requested) of the
intent to terminate.
6.3 Contractor shall defend, indemnify and hold harmless City and its elected officers and
employees from and against any and all claims, losses and liability, including attorneys' fees,
arising from injury or death to persons or damage to property occasioned by any act or omission
of Contractor or its officers, agents and employees in performing the Services.
6.4 Contractor shall not assign any of the Services without the prior written consent of City.
Any attempted assignment without such consent shall be null and void and, in the sole discretion
of City, result in the immediate termination of this Agreement.
6.5 Contractor is, for all purposes under this Agreement, an independent contractor with
respect to the Services and not an employee of City. All personnel of Contractor performing the
Services are employed by Contractor for its account only, and in no event shall Contractor or any
personnel retained by it be deemed to have been employed by City or engaged by City for the
account of, or in behalf of, City. No provision of this Agreement shall create the relationship of
employer and employee between the parties.
6.6 This Agreement, including the exhibits incorporated herein by reference, represents the
entire agreement and understanding between the parties as to the matters contained herein and
any prior negotiations, proposals and oral agreements are superseded by this Agreement. Any
amendment to this Agreement shall be in writing and approved by the City Council and
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Contractor.
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6.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ETHERTON LAWN SERVICE
By:d<,4-0(
Yan Peppler, Mayol Etherton Lawn ' e
ATTEST:
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Lorre Poyzer, Cit
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ETHERTON LAWN SERVICE
Richard Etherton
(iM5�794-0394
Landscape Manager, 14
The following bid is for the landscape maintenance ofTl Cb o
Redlands-Demonstration CMAW
Maintenance will include the fallowing:
1. Mow and edge all lawn areas
2. Trim all shrubbery as needed
3. Pick up trash and debris out of landscaped areas only
4. Blowing of all debris resulting from work
S. Picking up trash and blowing parking lot
6. Taking plastic bags of trash from small trash cans and
replacing it with clean plastic trash bags that are provided
by Fire DepartnmWCity.
7. Spraying Roundup for weed control as needed and roundup
is paid by or supplied by Fire Department/City.
8. Anything beyond what is described above will be at an extra
fee and will be negotiated at time needed. (Le.: flowers,
moderate weeding,tree trimrning,sprinkler repair and mss,
cleaning of bill slopes or land areas and extra visits to
Property within the same week.)
EXHIBIT "A"
1205 Jasmine Street 0 Redlands, CA 92374