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HomeMy WebLinkAboutContracts & Agreements_202-2003_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 21 st day of October,2003 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Kurtis M. Smith (hereinafter "Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in providing management services to the City of Redlands Police Department's East Valley COMPASS Initiative; and WHEREAS, Contractor has represented to City that he has the requisite experience, special knowledge and expertise to provide management 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 October 22,2003 through October 22,2004,unless terminated earlier by City or Contractor without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Contractor or City. Section 2. Services. A. City hereby authorizes Contractor to provide management services to the City of Redlands Police Department's East Valley COMPASS Initiative. For the purposes of this Agreement, "management services" shall include,but not be limited to, the following: I. Providinc, on-site supervision, direction and support to the staff of East Valley ID COMPASS Initiative and the Community Analysis Unit. 2. Working in conjunction and collaboration with law enforcement and community leaders and representatives to facilitate the planning and vision of East Valley COMPASS Initiative. 3, Providing organization and development of the East Valley COMPASS Initiative, Citizens' COMPASS website, assist in the development of the Redlands Police Department's Value Based Initiative Community Training Center and all other programs of the East Valley COMPASS Initiative. 4. Designing and implementing short and long term goals with community partners for the sustainability of the East Valley COMPASS Initiative. 5. Assist in obtaining funds through grants and/or other resources to sustain the East Valley COMPASS Initiative. 6. Direct and ensure the Community Analysis Unit delivers proactive and responsive analytical products that meet management and operational needs,while pursuing the 5110 Kunii Smith.wpd I Department's goals and in alignment with the East Valley COMPASS Initiative. 7. Working directly with the Chief of Police and his designees to provide regular updates during the term of this Agreement. 8. Providing written reports of the services provided at the request of the Chief of Police. 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 management services, City shall pay Contractor the sum of Fifty($50) Dollars per hour, not to exceed $98,390 during the period of this contract. Bi- weekly invoices will be provided to the City by the Contractor. Payment shall be made to Contractor no later than fourteen days after submitting an invoice. Section 3. Independent Contractor. It is the express intention of the parties hereto that Contractor is an independent contractor and not an employee 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. Section 4. Business License. Contractor shall obtain a Redlands' Business License as a condition of performing the services required hereunder. Section 5. Insurance and Indemnification 5.1 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. 5.2 Workers' Compensation and Employer's Liability A. Ifrequired bylaw,Contractor shall secure and maintain Workers'Compensation and Employer's Liability insurance throughout the duration of this Agreement in amounts which meet 1 9 statutory requirements with an insurance carrier acceptable to City. 5 110 Kurtis Smith.wpd 2 B. 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 Z� 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. 5.3 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. 5.4 Professional Liability Insurance. Contractor,shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ID {$1,000,000)per occurrence. 5.5 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,with minimum limits of I million($1,000,000)per occurrence,combined single limit for bodily injury liability and property damage liability. 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. 5.6 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. Any assignment, or attempted assignment, with such prior consent, shall be null and void and at the option of the City,result in the immediate termination of this Agreement by City without liability to 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. 5.7 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, 5110 Kurtis Sniith.wpd 3 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 6. 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 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. Section 8. Notices. Except as otherwise expressly provided by law,any and all notices or other communications required or permitted by this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom they are directed,or in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed as follows: Contractor City of Redlands Kurtis M. Smith Chief James Bueermann 233 Silvercreek Drive PO Box 3005 Santee, CA 92071 Redlands, CA 92373 Section 9. Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and date first shown at Redlands, California. CITY OF REDLANDS CONTRACTOR Karl N. Haws, Mayor Kurtis M. Smith ATTEST: Deputy City Clerk 67"� 5 110 Kurtis Sn ifth.wpd 4