The URL can be used to link to this page

Home My WebLink AboutContracts & Agreements_44-2009_CCv0001.pdf AGREEMENT FOR"PASS-TnROUGH"PAYMENT FOR �s PROJECT MANAGEMENT SERVICES This agreement for"pass-through*'pa yments forthe San Bernardino County Chiefs' and Sheriffs Association's COPLINK roject management eda a sharing pr) far (the "COPLINK Project') is made and entered into as of the 7th day of April, 2009 ("Effectivet Date*') by and between the City of Redlands "Ci « ("City) and Cletus F. H and Consultant are sometimes individually referred to herein as a "Party" and, City the "Parties." the 5 1. Services. Consultant represents that it will perform the services for the CQPL Project which are more specifically described in Exhibit "A," which is attached hereto find incorporated herein by this reference(the "Services'). and 2. Teen' Termination. The term of this Agreement shall commence upon its Date and shall expire upon completion of performance of the Services by Consultant or upon;vwritten notice from the COPLINK Project to City thata Notwithstanding the foregoing, either Pa p yments to Consultant shall cease. notice not less than ten (10) days prior to the proposed date of termnate this ination,on, which eement by wing written included in said notice. date shall be 3. Compensation; Expenses* Pa went. City shall pay Consultant for the Serviceserforme by Consultant In the amount of Seventy-five dollars $75.00 p d payable hereunder shall not exceed the sum of Seventy Five Thousand Dollars otal $75 00 cnsnless the performance of the Services and/or reimbursement of costs and expenses in excess of said ( 0) unless amounts have been approved in writing„ in advance of performing such Services, by City and the San Bernardino Chiefs' and Sheriffs' Association. Compensation shall be payable upon monthly billing therefor by Consultant to City, which billing shall include an itemized statement bri describing the tasks billed. Payment shall be made to Consultant no later than thirty efly after billing. Consultant acknowledges and agrees that City shall have no obligation ( 0) days funds to Consultant, nor shall City be liable therefor, except to the extent City has received y any from the COPLINK Project. funds 4. Inde endent Contractor. It is the express intention of the Parties that Consultant is an independent contractor for the COPLINK Project 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, or any agency relationship, between Consultant and City. The Parties acknowledge that Contractor is not an employee for State tax, Federal tax or any other purpose 5. Ind ems. Consultant shall defend, indemnify and hold Ci ty, its officials, employees and agents harmless from and against any and all actions,damages,elosses, causes of officers, action and liability("Claim")imposed or claimed relating to the in jury or death of any damage to any property, including attorneys' fees and other legal expenses,,arising directly person or or indirectly from any act or omission of Consultant in performing the services Consultant for the COPLINK Project. t Ill render C:1L)0cuxnents and Settings�ajessup'xLocal Settings'Jernporary,Internet File8\ol,K6 A Ct7FLINK Consultant agreement avis l ed 3 49.dc>c v v 6.MOM insus rance. Consultant shall acquire and maintain Workers' Compensation, employer's liability, commercial general liability, owned and non-owned and hired automobile liability, ard professional liability insurance coverage relating to Consultant's Services coveringCi in forms subject to the approval of the City Attorney and/or City's Risk Mana City's risks, amounts of coverage corresponding to the aforesaid categories of insurance per The evenshall be as follows: Insurance Category Minimum-Li Lts Workers' Compensation statutory minimum as may be required Employer's Liability $1,000,000 per accident for bodily disease injury or Commercial General Liability $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury,personal injury and property damage Automobile Liability $1,000,000 per accident for bodily in' ry and property damage (coverage required to the eextent applicable to Consultant's vehicle usage in Performing services hereunder) Professional Liability $1,000,000 per claim and aggregate Consultant shall furnish City with certificates, endorsements and copies of information declaration pages of the insurance required hereunder prior to Consultant's performance of y Services. any 7. Notice. All notices required by this Agreement shall be given to City and Consultan writing, by UPS or FedEx,postage prepaid, addressed as follows: t in CITY: James R. Bueermann 30 Cajon Street Redlands, 92373 CONSULTANT: Cletus F. Hyman 847 Robinhood Ln Redlands, CA 92373 8• Non-Asst'�n This Agreement is not assignable either in whole or inP art. g• Amendments. d This Agreement may be amend eor modified only signed by the Parties, y b y written agreement CADocuments and Settingstalessup\Local Settings\Temporary Internet Flles\OLKWCOPLINK Consultant agreement revised 3(i9.doc 2 ate_ IBM �t 10. Validi tY The invalidity of any part of any provision of this Agreement shall not void affect the validity ofany other provision of this A or Agreement. I I• Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either Party shall be brought in the County fi5'of San Bernardino, 12. Attorne s' Fees. In the event any action is commenced to enforce or interpret terms or conditions of this Agreement the Prevailingp any s the Other relief, be entitled to the recovery of its reasonable attorneys'lfees, including� tfey costs and of in-house counsel by a Party, ees for the use 13. Entire Aa* This Agreement, including its Exhibits, comprises __�e__ ement. agreement of the Parties with respect to the subject matter hereof. p s the entire IN WITNESS WHEREOF, CITY OF REDLANDS Dated: 7 Jonarrison, Mayor ATTEST: Dated: Lor 'eyzer , erk Po ------ ` CONSULTANT Dated; � '..3/ •r 9' --�� Cletus F. Hyman C:00cuments and settmgc\alessup\I—l Settings\Temporary Internet Files\OLK6A\COPLNK Consultant agreement revised 3 tl9_doc 3 UNION M v EXHIBIT "A" Y A. Consultant represents it will provide project management services as described below (collectively the "Services") for the San Bernardino Sheriffs'County Chiefs' and SheriAssociation's (the "Association") COPLINK Data Sharing project(the "Project"or the " '� this Agreement, "Services" shall include, but not be limited to, the followin true ). For the purposes of g 1 Recommend governance models for the Project to the Association and assist wi implementing the model chosen by the Association. th 2. Negotiate a contract with Knowledge Computing Corporation for the COPL and professional services. INK software 3. Develop agreements and policies as necessary for the implementation of COP include: LINK to Initial Data Sharing Initiative MOU System use policy Node hosting agreement Node business model 4. Recommend to the Association a network model that will allow for the sharing between member agencies and the COPLINK Node and oversee the implementatioof n to said network. of Agency Access Mobil Access Internet Access via VPN 5• Develop a Data Center Strategy to include disaster recovery and back-upstrategy redundancy and reliability and processor loading. �', 6. Coordinate with the RMS vendors, member agencies and Knowled e Com u Corporation to facilitate data extraction and transfer. g P ter 7• Coordinate with member agencies and Knowledge Computer Corporation to develop an update strategy. 8. Develop data sharing agreements for member agencies and for sharing data COPLINK "Nodes." g with other 9• Design and, after approval by Association, implement short and long term Association member organizations participating in the Project to sustain theCOPLoals ith Data Sharing Initiative. INK 10. Create a proposed budget for year one and year two of the Project. 11. Assist in obtaining funds other through grants and/or oer resources to sustain the D Sharing Initiative. Data 12. Provide regular oral or writtenro ect u P J plates to the Association or Association's designated representative during the term of this Agreement. C-ADocuments and Settmgslajessup\Local Settings\Temporary Internet Piles\OLK6A\COPLINK Consultant agreement revic A i no a__