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HomeMy WebLinkAboutContracts & Agreements_10-2003_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered *into this 21 st day of January 2003 by and between the City of Redlands, a municipal corporation (hereinafter"Cityl and Rosa T.Lopez(hereinafter"Conti-actorl. 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 follons: AGREEIVIENT Section 1. Tenn. The term of this Agreement shall be froinjanuary 21,2003 through June 30,2003,unless tenrimiated 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 CM9 id c commen any activities under this Agreement. For the purposes of this agreement,"provide ase 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 advocatelliaison, 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 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 coorchnation of services, City shall pay Contractor no more than$18.,000 from January 21, 2003 -June 30, 2003 at a base rate pay of$17.31/hour. Section 3. Insurance and hidemnification Section 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 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. Conti-actor 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, 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 anis ing from work performed by Contractor for City by expressly waiving Contractor's in-unurtity foi- injuries to Contractor's employees and agrees that the obligation to indemnify,defend and hold harmless provided form this Agreement extends to any claim brought by or on behalf of any employee of Conti-actor. 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 hanniess is valid and enforceable only to the extent of the negligence of Contractor,its officers, agents and employees. 3.4 Cgrgpichensivc General LiAbL11y 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 habil Insurance. Contractor shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ( ;1,000, ) per claim made. 3.6 Business Aute Dials yInsurance. Contractor shall have business anus 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 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 Assiannient and Insurance Requirements. Contractor is expressly prohibited from subletting of 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 Indenmilication. 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,luni,entity,corporation,political subdivision or other organization arising out of or in connection with Contractor's negligent and/or intentionally viTongfW 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. Indemnity. Contractor shall defend,indemnify and hold City,its elected officials,officers, employees and agents harniless from and against any and all actions,damages,losses,causes of action and liability imposed or claimed relating to the injury or death of any person or damage to any property,including attorney's fees and other legal expenses, arising directly or indirectly firoin any act or omission of Contractor in performing its services hereunder. 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. Assignment, 'niis Agreement shall not be assigned without the prior witten consent of City. Any assignment,or attempted assigninent,without such prior consent,shall be-null and void and, at the option of City, result in the immediate termination of this Agreement. Section 9. Attomevs'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 21st day of January, 2003 CMT OF REDLANDS AITEST: Mayor Citye lerk COINTTRACTOR RZLT. Lopez