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HomeMy WebLinkAboutContracts & Agreements_135-2003_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 1" day of July, 2003 by and between the City of Redlands, a municipal corporation (hereinafter"City ) and Maureen O'Keefe Hodge dba Bright,Ideas, Inc. (hereinafter"Contractor"). RECITALS 'WHEREAS, Contractor has expressed an interest in providing grant administration and program management services for the City of Redlands Building a Generation Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise to provide grant administration services; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City arid Contractor hereby agree as follows: AGREEMENT Section 1. Term. The term of this Agreement shall be from July 1, 2003 through June 30, 2004, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Contractor. Section 2. Services. A. City hereby authorizes Contractor to provide grant administration and program management services for City's Building a Generation and Children and Families Cominission grant and any other grant acquired by Building a Generation. 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. For the purposes of this agreement, "grant administration and management services" shall include, but not be limited to, the following: i) Provide overall grant administration and management of grants and contractors for all grants; ii) Work in conjunction and collaboration with community leaders to facilitate the planning and vision of Building a Generation and the grants it acquires; iii) Design and implement short and long term goals with community partners for the sustainability of Building a Generation. iv) Assist in obtaining funds through grants and/or other resources to sustain Building a (;eneration; v) Work directly with the Chief of Police and his designees to provide regular updates during the term of this Agreement; vi) Attend meetings and develop resources through grant funding to secure future programs; vii) Manage financial aspects of the grant including but not hmited to billing and invoicing. B. Contractor shall determine the method, details, and means of performing the above described services and shall advise City of the same prior to commencing;thy activities wider this Agreement. Contractor further agrees to perform such services to the best of its ability and in an efficient, professional and competent manner. C. As compensation for providing grant administration and program management,City shall pay contractor the sum equal to amount indicated per week based on grants sustained by said contractor Maureen O'Keefe Hodge dba Bright Ideas, Inc. (Children and Families Commission $58/hr). Section 3. Insurance and Indemnification Section 3.1 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. 3.2 Contractor's 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 perforin 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 Employer's 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. 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 indemnify,defend and hold harmless provided 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. This 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 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 is valid and enforceable only to the extent of the negligence of Contractor,its officers, agents and employees. 3.4 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force 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 shall obtain an endorsement 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 amount of one million dollars ($1,000,000) per occurrence. 3.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,with minimum limits of 1 million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles 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 :in additional insured. 3.7 Assignment and Insurance Requirements. 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 of the Services,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. Assignment 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,indemnify and hold harmless City,its elected officials, officers, 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,film, entity,corporation,political subdivision or other organization arising out of or in connection with Contractor's negligent and/or intentionally wrongfid acts or ornissions under this Agreement; 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. Entire Agreement/Modification. This Agreement 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 is in writing and signed by the parties hereto. Section 6, 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 nnmediate termination of this Agreement. Section 7. 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, he entitled to recover its reasonable attorneys' fees. Executed this rday of July, 2003 CITY OF REDLANDS ATTEST: Mayor City Clerk C./ CONTRACTOR Maureen O'Keefe Hodge dba Bright Ideas, Inc. INDEPENI)ENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 1" day of July, 2003 by and between the City of Redlands, a municipal corporation (hereinafter"City") and Valarie Peterson(hereinafter"Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in providing social work coordination services for the City of Redlands Building a Generation Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise to provide management and coordination services; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: AGREEMENT Section 1. Term. The term of this Agreement shall be from July 1, 2003 through June 30, 2004, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Contractor. Section 2. Services. A. City hereby authorizes Contractor to coordinate programs for City's Building a Generation, Children and Families Commission grant. Contractor shall determine the method,details and means of performing the above-described services and shall advise City of the same prior to connnencing any activities under this Agreement. For the purposes of this agreement, "coordinate programs" shall include, but not be limited to, the following: i) Facilitate, design, implement and coordinate programs for parents of children 0-5 on a daily basis at one of four Family Resource Centers in the East Valley. ii) Work directly with school personnel, non-profit agencies, and community-based organizations to develop, market, and publicize programs to the community. Attend meetings and develop resources through grant funding to secure future programs. Manage financial aspects of the grant including but not limited to billing and invoicing. B. 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, professional and competent manner. C. As compensation for providing coordination of services, City shall pay Contractor no more than $25,760 from July 1, 2003 -June 30, 2004 at a base rate pay of S23/hour. Section 3. Insurance and Indemnification Section 3.1 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. 3.2 Contractor's 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 perforin 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 Employer's 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 confit using 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 perfonnned by Contractor for City by expressly waiving Contractor's immunity for injuries to Contractor's employees and agrees that the obligation to indemnify,defend and hold harmless provided for in this Agreement extends to any claire brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This 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 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 is valid and enforceable only to the extent of the negligence of Contractor, its officers, agents and employees. 3.4 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the duration of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one nullion 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 shall obtain' an endorsement that City shall be named as an additional Msured. 3.5 Professional Liability Insurance. Contractor shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000) per occurrence. 3.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,with minin' nun limits of 1 million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles 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 Requirements. 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 of the Services,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. Assignment 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,indemnify and hold harmless City,its elected officials, officers, 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 wrongful acts or omissions under this Agreement; 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 perfonning the services required hereunder. Section 5. Entire Agreement/Modification. This Agreement 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 is in writing and signed by the parties hereto. Section 6. 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. Section 7. 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. Executed this day of July, 2003 CITY OF REDLANDS ATTEST: Mayor CityClerk CONTRACTOR ' Valarie Peterson INDEPENDENT CONTRACTOR AGREEM ENT This Agreement is made and entered into this 1st day of July, 2003 by and between the City of Redlands, a municipal corporation (hereinafter"City") and Rosa T. Lopez (hereinafter"Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in providing case management services for the City of Redlands Building a Generation Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise to provide management and coordination services; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: AGREEMENT Section 1. Term. The term of this Agreement shall be firorn July 1, 2003 through,June 30, 2004, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Contractor. Section 2. Services. A. City hereby authorizes Contractor to provide case management services for City's Building a Generation, Children and Families Commission grant. 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. For the purposes of this agreement, "provide case management services" shall include, but not be limited 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. B. Contractor shall determine the method, details, and means of peiforming the above described services and shall advise City of the same prior to commencing any activities under this Agreement. Contractor further agrees to perforin such services to the best of its ability and in an efficient; professional and competent manner. C. As compensation for providing coordination of services, City shall pay Contractor no more than $37,658 from July 1, 2003 -June 30, 2004 at a base rate pay of$17.31/hour with an increase of 5% hourly as of January 1, 2004. Section 3. Insurance and Indemnification 3.1 Independent Contractors. 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 puipose. 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 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 Employer's 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 indemnity,defend and hold harmless provided 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. This 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 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 is valid and enforceable only to the extent of the negligence of Contractor,its officers, agents and employees. 3.4 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force 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 shall obtain an endorsement that City shall be named as an additional insured. 3.5 Professional liability hisurance. Contractor shall secure and maintain professional 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 1 million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles 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 Requirements. 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 of the Services,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. Assignment 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,in. dermuTy and hold harmless City,its elected officials, officers, 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 wrongful acts or omissions under this Agreement; 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. Entire Agreement/Modification. This Agreement 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 is in writing and signed by the parties hereto. Section 5. Assigrunent. This Agreement shall not he 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 tennination of this Agreement. Section 7, 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. Executed this I"day of July, 2003 CITY OF REDLANDS ATTEST: .7‘..,—,P-- x------) y 44, Mayor Citi Q erk (1--/ CONTRACTOR __1::: _ 7- Rosa T. Lopez INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 1" day of July, 2003 by and between the City of Redlands, a municipal corporation (hereinafter"City") and Jesse Gonzalez(hereinafter"Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in providing social work coordination services for the City of Redlands Building a Generation Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise to provide management and coordination services; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: AGREEMENT Section 1. Term. The term of this Agreement shall be from July 1, 2003 through June 30, 2004, 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 coordinate programs for City's Building a Generation, Children and Families Commission grant. 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 ander this Agreement. For the purposes of this agreement, "coordinate programs" shall include, but not be limited to, the following: i) Facilitate, design, implement and coordinate programs for parents of children 0-5 on a daily basis at one of four Family Resource Centers in the East Valley. Work directly with school personnel, non-profit agencies, and conununity based organizations to develop, market, and publicize programs to the community. Attend meetings and develop resources through grant funding to secure future programs. Manage financial aspects of the grant including but not limited to billing and invoicing. B. 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, professional and competent manner. C. As compensation for providing coordination of services, City shall pay Contractor no more than $47,840 from July 1, 2003 -June 30, 2004 at a base rate pay of$23/hour. Section 3. Insurance and Indeirnrifcation 3.1 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. 3.2 Contractor's 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 perforin 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 Employer's 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 inderrrnify,defend and hold harmless provided 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. This shall not apply to any damage restating from the sole negligence of City, its agents and employees. To the extent any of the 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 is valid and enforceable only to the extent of the negligence of Contractor,its officers, agents and employees. 3.4 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the duration of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minunum 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 shall obtain an endorsement 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 amount of one million dollars ($1,000,000) per occurrence. 3.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,with minimum limits of 1 million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles 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 Requirements. Consultant 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 of the Services,the Consultant will add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work being perfonned by the subcontractor. Assignment 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, indemnify and hold harmless City, its elected officials, officers, 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 wrongful acts or omissions under this Agreement; 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. Entire Agreement/Modification. 'Phis Agreement 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 is in writing and signed by the parties hereto. Section 6. 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 urunediate termination of this Agreement. Section 7. 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. Executed this r day of July, 2003 CITY OF REDLANDS ATTEST: - - 1 Mayor Cityferk CON hRAt;I OR Jesse GonzaleAl INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 1" day of July, 2003 by and between the City of Redlands,a municipal corporation (hereinafter"City") and Morton Anthony C. Frankson (hereinafter "Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in providing social work coordination services for the City of Redlands Building a Generation Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise to provide management and coordination services; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: AGREEMENT Section 1. Term. The term of this Agreement shall be from July 1, 2003 through June 30, 2004, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Contractor. Section 2. Services. A. City hereby authorizes Contractor to evaluate programs for City's Building a Generation,Children and Families Commission grant. 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 ander this Agreement. For the purposes of this agreement, "evaluate programs" shall include, but not be limited to, the following: i) Facilitate,design, and implement an evaluation instrument for parents of children 0-5 who participate in parent education programs through the Children and Families Commission grant. ii) Work directly with consultants, school personnel, non-profit agencies, and community based organizations to develop and evaluate programs. iii) Provide monthly reports on evaluation of programs and an end of year report for the overall evaluation of the program. B. 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, professional and competent manner. C. As compensation for providing coordination of services, City shall pay Contractor no more than S50,000 from July 1, 2003 -June 30, 2004 at a base rate pay of$43.75/hour. Section 3. Insurance and Indemnification 3.1 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. 3.2 Contractor's 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 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 Employer's 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 Consultant for City by expressly waiving Contractor's immunity for injuries to Contractor's employees and agrees that the obligation to indenmify,defend and hold harmless provided 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. This 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 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 is valid and enforceable only to the extent of the negligence of Contractor its officers, agents and employees. 3.4 Comprehensive General liability Insurance. Contractor shall secure and maintain in force 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 shall obtain an endorsement 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 amount: of one million dollars ($1,000,000) per occurrence. 3.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,with minimum limits of 1 million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles 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 Requirements. 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 of the Services,the Contractor will add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work being perfonned by the subcontractor. Assignment 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, indemnify and hold harmless City, its elected officials, officers, 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 wrongful acts or omissions under this Agreement; 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. Entire Agreement/Modification. This Agreement 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 is in writing and signed by the parties hereto. Section 6. 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. Section 7. AttorneysFees. In the event any action is commenced to enforce or interpret the tenns 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 l''day of July, 2003 CITY OF REDLANDS ATITST: -7Cvmew— -------, , • ,-----•,,, , f ,„/ Mayor City perk CONTRACT()' Not Amur Alit 41,0 Morton An ony C. Frankson INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 1st day of July 2003 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Dustin Clelen (hereinafter"Contractor"). RECITALS WI I ERFAS, Contractor has expressed an interest in providing case management services for the City of Recllards Building a Generation Division; and WHEREAS, Contractor has represented to City that: it has the requisite experience, special knowledge and expertise to provide management and coordination services; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: AGREEMENT Section 1. Term. The term of this Agreement shall be from July 1, 2003 through June 30, 2004, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Contractor. Section 2. Services. A. City hereby authorizes Contractor to provide case management services for City's Building a Generation,Children and Families Commission grant. 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. For the purposes of this agreement,"provide case management services" shall include, but not be limited to, the following: i) Fork 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 East Valley. 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, details, and means of performing the above described services and shall advise City of the same prior to commencing u'iy activities under this Agreement. Contractor further agrees to perforin such services to the best of its ability and in an efficient, professional and competent manner. C. As compensation for providing coordination of services, City shall pay Contractor no more than $31,740 from July 1, 2003 -June 30, 2004 at a base rate pay of 15/hour with an increase of 5% as of March 1`, 2004. Section 3. Insurance and Indemnification 3.1 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. 3.2 Contractor's 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 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 Employers Liability A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in amounts,winch 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 Al 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 indemnify, defend and hold harmless provided 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. This shall not apply to any damage resulting from the sola negligence of City, its agents and employees. To the extent any of the 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 is valid and enforceable only to the extent of the negligence of Contractor, its officers, agents and employees. 3.4 Comprehensive General liability Insurance. Contractor shall secure and maintain in force 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 shall obtain an endorsement 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 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 1 million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles 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 Assiu lent and Insurance Requirements. 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 of the Services,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. Assignment does not include printing or other customary reimbursable expenses that may he provided in this Agreement. 3.8 Hold Harmless and Indemnification. Contractor shall defend,indemnify and hold hamiless City, its elected officials, officers, 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 wrongful acts or omissions under this Agreement; 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. Entire Agreement/Modification. This Agreement 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 is in writing and signed by the parties hereto. Section 6. Assigmnent. 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. Section 7. Attorneys'Fees. In the event any action is commenced to enforce or interpret the teens 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 1st day of July, 2003 CITY OF REDLANDS ATTEST: Mayor City)c"lierk --- (ii „.-- CONTRAyOR 43' Dustin Clelen IN DEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 1st day of July, 2003 by and between the City of Redlands, a municipal corporation (hereinafter'City) and Jennifer Camp (hereinafter"Contractor"). RECITAI S WHEREAS,Contractor has expressed an interest in providing case management services for the City of Redlands Building a Generation Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise to provide management and coordination services; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: AGREEMENT Section 1. Term. The term of this Agreement shall be from July 1, 2003 through June 30, 2004, unless terminated earlier by City without cause and in its sole discretion,by providing ten (10) days prior written notice of such termination to Conti-actor. Section 2. Services. A. City hereby authorizes Contractor to provide case management services for City's Building a Generation, Children and Families Commission grant. 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. For the purposes of this agreement,"provide case management services" shall include, but not be limited 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 East Valley. 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, details, and means of peiforming the above described services and shall advise City of the same prior to commencing any activities tinder this Agreement. Contractor further agrees to perform such services to the best of its ability and in an efficient, professional and competent manner. C. As compensation for providing coordination of services, City shall pay Contractor no more than $33,856 from July 1, 2003 -June 30, 2004 at a base rate pay of$20/hour with an increase of 5% as of March 1, 2004. Section 3. Insurance and Indemnification 3.1 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:. 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 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 Employer's 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 indemnify, defend and hold harmless provided 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. This 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 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 is valid and enforceable only to the extent of the negligence of Contractor, its officers, agents and employees. 3.4 Comprehensive General Lability Insurance. Contractor shall secure and maintain in force throughout the duration of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimrun 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 shall obtain an endorsement 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 amount of one million dollars ($1,000,000) per occurrence. 3.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,with niinurnun limits of 1 million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles 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 Requirements. 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 of the Services,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. Assignment 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,indemnify and hold harmless City, its elected officials, officers, 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,flan, entity, corporation,political subdivision or other organization arising out of or in connection with Contractor's negligent and/or intentionally wrongful acts or omissions under this Agreement; 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 S. Entire Agreement/Modification. 'This Agreement: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 is in writing and signed by the parties hereto. Section 6. Assignment. This Agreement shall not be assigned without the prior written consent of City. Any assigrunent, 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 7. 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. Executed this 1st day of July, 2003 CITY OF REDLANDS ATTEST: / Mayor Cit Ckrk ( CONTRACTOR Jennifer C#tnp INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 1 day of July, 2003 by and between the City of Redlands, a municipal corporation (hereinafter"City") and Cherie Burris (hereinafter"Contractor"). RECITALS WHEREAS, Contractor has expressed an interest:in providing social work coordination services for the City of Redlands Building a Generation Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise to provide management and coordination services; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: AGREEMENT Section 1. Term. The term of this Agreement shall be from July 1, 2003 through June 30, 2004, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Contractor. Section 2. Services. A. City hereby authorizes Contractor to coordinate programs for City's Building a Generation, Children and Families Commission giant 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. For the purposes of this agreement, "coordinate programs" shall include, but not be limited to, the following: i) Facilitating,designing, implementing and coordinating programs for parents of children 0-5 on a daily basis at one of four Family Resource Centers at four elementary school sites. ii) Working directly with school personnel, non-profit agencies, and community based organizations to develop,market, and publicize programs to the community. Attending meetings and developMg resources through grant funding to secure future programs. Managing financial aspects of the grant including but not limited to billing and invoicing. B. Contractor shall determine time 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 perforin such services to the best of its ability and in an efficient, professional and competent manner. C. As compensation for providing coordination of services, City shall pay Contractor no more than $47,840 from July 1, 2003 -,June 30, 2004 at a base rate pay of 523/hour. Section 3. Insurance and Indeirmilication. 3.1 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. 3.2 Contractor's Insurance to be Prirmu 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 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 Employer's 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. IfContractor 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 indemnify, defend and hold harmless provided 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. This 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 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 is valid and enforceable only to the extent of the negligence of Contractor,its officers, agents and employees. 3.4 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the duration of this Agreement comprehensive general liability insurance with earners 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 shall obtain an endorsement 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 amount of one million dollars (81,000,000) per occurrence. 3.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,with minimum limits of 1 million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles 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 Requirements. 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 of the Services, 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. Assignment 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,indemnify and hold harmless City, its elected officials, officers, 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 wrongful acts or omissions under this Agreement; but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property wising 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. Entire Agreement/Modification. This Agreement 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 is in writing and signed by the parties hereto. Section 6. 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. Section 7. 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. Executed this 1"day ofjuly, 2003 CITY OF REDLANDS KITEST: Mayor City/Clerk CONTRACTOR 71, ' 4 _ Cherie Burns IND EP EN D ENT CONTRACTOR AGREEMENT This Agreement is made ::ind entered into this 1" day of July, 2003 by and between the City of Redlands, a municipal corporation (hereinafter"City") and Gabriela Alonso (hereinafter"Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in providing social work coordination services for the City of Redlands Building a Generation 'Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise to provide management and coordination services; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: AGREEMENT Section 1. Term. The term of this Agreement shall be from July 1, 2003 through June 30, 2004, unless terminated earlier by City without cause and in its sole discretion,by providing ten (10) days prior written notice of such termination to Consultant. Section 2. Services. A. City hereby authorizes Contractor to coordinate programs for City's Building a Generation, Children and Families Commission grant. Contractor shall determine die method,details and means of performing the above-described services and shall advise City of the same prior to conunencing any activities under this Agreement. For the purposes of this agreement, "coordinate programs" shall include, but not be limited to, the following: i) Facilitating, designing, Unplementing and coordinating programs for parents of children 0-5 on a daily basis at one of four Family Resource Centers at four elementary school sites. ii) Working directly with school personnel, non-prolit agencies, and cormnunity based organizations to develop, market, and publicize programs to the community. Attending meetings and developing resources through grant funding to secure future programs and managing fmancial aspects of the grant including, but riot limited to, billing and Uivoicing. B. 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 die best of its ability and in an efficient, professional and competent trimmer. C. As compensation for providing coordination of services, City shall pay Contractor no more than $47,840 from July 1, 2003 -June 30, 2004 at a base rate pay of$23/hour. Section 3. Insurance and Indemnification Section 3.1 Independent Contractor. It is the express intention oldie 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 Contractor's 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 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 Em lo er's 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. IfContractor 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 immtmity for injuries to Contractor's employees and agrees that the obligation to indemnify, defend and hold harmless provided 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. This 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 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 is valid and enforceable only to the extent of the negligence of Contractor, its officers, agents and employees. 3.4 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force 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 shall obtain an endorsement that City shall be named as an additional insured. 3.5 Professional Liability Insurance. Contractor shall sectu-e and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars (S1,000,000) per occurrence. 3.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,with minimum limits of 1 million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles 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 Requirements. 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 of the Services,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. Assignment 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, indemnify and hold harmless City, its elected officials, officers, 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,finn, entity, corporation,political subdivision or other organization arising out of or in connection with Contractor's negligent and/or intentionally wrongful acts or omissions under this Agreement; 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. Entire Agreement/Modification. This Agreement 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 is in writing and signed by the pasties hereto. Section 6. Assignment. This Agreement shall not he 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 urunediate termination of this Agreement. Section 7. 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. Executed this r day of July, 2003 CITY OF REDLANDS ATTEST: tJMayor City/Clerk CONTRACTOR rigia Alonso D EP EN DENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 1" day of July, 2003 by and between the City of Redlands, a municipal corporation (hereinafter"City") and Sherry Edwards (hereinafter"Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in providing social work coordination services for the City of Redlands Building a Generation Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise to provide management and coordination services; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: AGREEMENT Section 1. Tenn. The term of this Agreement shall be from July 1, 2003 through June 30, 2004, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Contractor. Section 2. Services. A. City hereby authorizes Contractor to coordinate programs for City's Building a Generation, Children and Families Commission grant. 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. For the purposes of this agreement, "coordinate programs" shall include, but not be limited to, the following: i) Facilitate, design, implement and coordinate parent education programs for parents of children 0-5 throughout die East Valley. ii) Work directly with school personnel,non-profit agencies, and community based organizations to develop, market, and publicize programs to the community. Attend meetings and develop resources through grant funding to secure future programs. Manage financial aspects of the grant including but not limited to billing and invoicing. B. Contractor shall deteimine 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 pert ORII such services to the best of its ability and in an efficient, professional and competent manner. C. As compensation for providing coordination of services, City shall pay Contractor no more than $47,840 from July 1, 2003 -.lme 30, 2004 at a base rate pay of S23/hour. Section 3. Insurance and Indemnification. 3.1 Independent Contractor. It is the express intention of the pai ties 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 firr State tax, Federal tax or any other purpose. 3.2 Contractor's 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 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 are policy except upon thirty (30) days prior mitten notice to City. 3.3 Workers' Compensation and Employer's Liability A. Contractor shall secure and maintain Workers' Compensation and Employer's liability insurance throughout the duration of this Agreement in =omits 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 indemnify, defend and hold harmless provided 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. This shall riot apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City,its agents or employees, die obligations provided herein to indemnify,defend and hold harmless is valid and enforceable only to the extent of the negligence of Contractor,its officers, agents and employees. 3.4 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force 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 ($2,000,000) aggr egate for public liability, property damage and personal injury is required. Contractor shall obtain an endorsement that City shall be named as an additional insured. 3.5 Professional Liability Insurance. Contractor shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars (51,000,000) per occurrence. 3.6 Business Auto Liabili: Insurance. Contractor shall have business auto liability coverage,with minimum limits of 1 million ($'1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles 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 Requirements. 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 of the Services,the Contractor will add the subcontractor as an additional insured unci provide City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include priliting or other customary reimbursable expenses that may be provided in this Agreement. 3.8 Hold Harmless and Indenuiification. Contractor shall defend, indemnify and hold harmless City, its elected officials, officers, 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 wrongful acts or omissions under this Agreement; 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. Entire Agreement/Modification. This Agreement 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 is in writing and signed by the parties hereto. Section 6. Assignment. This Agreement shall not be assigned without the prior written consent of City. Any assignment, or attempted assigmnent,without such prior consent,shall be null and void and, at the option of City, result in the immediate termination of this Agreement. Section 7. 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 attorneysfees. Executed this 1"day of July, 2003 CITY OF RED LANDS ATTEST: - 7-m Mayor City clerk CONTRACTOR (7' erry Edw.