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HomeMy WebLinkAboutContracts & Agreements_15-1996_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made and entered into this 21st day of February, 1995, by and between the City of Redlands, a municipal corporation(hereinafter"City") and Larry Jacinto Farming, Inc. (hereinafter called "Contractor.") In consideration of the mutual promises contained herein, the City of Redlands and Larry Jacinto Farming, Inc.hereby agree as follows: Section 1. Contractor shall furnish all labor, materials and equipment for the disking, mowing, and removing of all weeds, grasses and waste material, and fire break construction, in the manner and at the locations as requested by City's Fire Chief or his designee. Section 2. This Contractor's and City's agreement includes: (a) specifications for weed abatement and waste removal, (b) Contractor's bid or proposal, (c) equipment required, and (d) this Agreement. These documents are intended to be correlative and together constitute Contractor's performance obligations. &,�. Contractor shall perform or personally supervise the work under this Agreement at the times and places designated by the City Fire Chief-, or his representative. Upon Contractor's failure to comply with any of the terms and conditions of this Agreement, City may terminate this Agreement by giving Contractor ten(1 0) days prior written notice. Such notice may be served personally by Contractor, or mailed by registered letter to the following address: PO Box 275, Mentone,California 92359. DJX1310PW Weed Abatement Agreement Page 2 Section 4. The term of this Agreement is for a period of one (1) year, and this Agreement shall be automatically renewed for successive one (1) year terms unless otherwise terminated by either party hereto by providing written notice to the other party forty-five (45) days in advance of the expiration of any term . St .on`� Contractor shall secure and maintain during the life of this Agreement such public liability and property damage insurance as shall protect it and City from claims for personal injury and property damage which may arise Contractor's from operations under this Agreement, whether such operations be conducted by Contractor or by anyone directly or indirectly employed by Contractor. The amount of such insurance shall be as follows: Public Liability Insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person and subject to the same limit for each person in an amount not less than$600,000 on account of one accident or Property Damage Insurance in an amount not less than $200,000. Policies or certificates in a form acceptable to City evidencing the above required coverage shall be filed with City and shall, include City as an additional insured. Said policies shall be in City's customary form of Public Liability Insurance, and shall include the following provisions: 1. "The unqualified word "insured" wherever used in this policy ,also includes the City of Redlands,California,but solely as respects any liability arising out of the operations of the above insured. DflM31OPW Weed Abatement Agreement Page 3 2. "It is further agreed that such insurance as is afforded by this policy to the City of Redlands, California, as additional insured under this policy, shall be primary insurance and not contributing with any other insurance available to the City of Redlands,California, under any third party liability policy." 3. "The policies shall not be cancelled,nor shall coverage be reduced, without thirty (30) days prior written notice to City." SQction 6. Contractor shall provide and maintain adequate Workers' Compensation Insurance as is prescribed by law all employees and workers performing work under this Agreement. Section 7. Contractor shall ftumish to City a Performance Bond in the amount of$25,000 to ensure Contractor's performance under this Agreement. Section 8. Payment for work completed and accepted will be made fifteen (15) days after the start of the weed abatement season (as determined by the Fire Chief) and at fifteen (15) day intervals thereafter. Invoices shall be submitted to City's Fire Department. After approval, such invoices will be processed for payment. City agrees to pay Contractor in accordance with the prices contained in the proposal of Contractor entitled: "Firm Prices for Weed Abatement and Waste Removal Work," dated December 16, 1985, a copy of which is attached to this Agreement and marked Exhibit"B," and made a part hereof. S4n Contractor shall possess a current City Business License during the term of the Agreement. Df.,M31OPW Weed Abatement Agreement Page 4 Section 10. In the event any legal 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 11. It is the express intention of the parties that Contractor is an independent contractor and not an employee or agent of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or any employee or agent of Contractor. Both parties acknowledge that Contractor is not an employee for state tax, federal tax, or any other purpose. Contractor shall retain the right to perform services for others during the term of this Agreement. Section 12. It is expressly agreed that Contractor shall not be entitled to any benefits or compensation from City except as expressly set forth herein. Section 13. Any modification of this Agreement shall be effective only if it is in writing and signed by the parties hereto. Section 14. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Contractor without the prior written consent of City. Sstion 15. Contractor shall defend,indemnify and hold City harmless against any and all liability imposed or claimed, including attorneys' fees and other legal expenses, arising directly or zn indirectly from any act or failure of Contractor or Contractor's assistants, employees, or agents, including, but not limited to. all clairas relating to the injury or death of any person or damage to any Z-- property. DA131OPW Weed Abatement Agreement Page 5 IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed on the day and year first above written. ATTEST: CITY OFAKDYL-AM)V _ y. r (5- 7 City ClerW Mayor CCTOR O77' ,,By �4 - L, Jklnto