HomeMy WebLinkAboutContracts & Agreements_8-1995_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.
etion 3. 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 (10) 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.
DJM31OPW
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 .
Section S. 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."
DIM3 E OPW
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."
Scction 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 furnish 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.
Section 9, Contractor shall possess a current City Business License during the term of
the Agreement.
DJM31 OPW
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.
Section 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
indirectly from any act or failure of Contractor or Contractor's assistants, employees, or agents,
including, but not limited to, all claims relating to the injury or death of any person or damage to any
property.
61M31OPW
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.
AT'T'EST; CITY OF REDLAND
City Cletko Mayor
CONTRACTOR
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DJM310P'
There. is no Exhibit "A"
EXHIBIT -'
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TO
CONTRACT FOR WEED ABATEMENT
AND WASTE R MOVA,L
Redlands Fi,e Decart ren t
Fire Prevention Bureau
Firm Prices for Tweed Abatement and Waste Removal Torg-1986
DBA jac,oto & Son _ Date Dec . 16 , 1985 -�
Address p.0 , Bcx 705
Mentons . CA 92359
Disking Mowinc
Class A - Low less than l Acre $ 28.00 30.00
Class B - I Ac=e to I Acres
Class C — S Ac=es or more 28.00 ^-ty Accr.. 10-00_ ocv Ac.r.�
Par1cways , Miaimi= Charge 20.00
Park-days , per hour c targe 20.00
Dump track 7 cu. yd. per load,
includes load .:.g 40.00
Hand Mower per hour 20.00
Hand Work (labor and tools) per hour 20.M
Chain Saw and spewator per hour 20.00
Skialoader with 3/4 cu. yd.
bucket ,::e_ hour
Rubber tired tractor, per hour 26,00
T-acklayi ng --ac-or, per hour L5.00
Cont-actor
By
Al- cleanups of vacant houses include I pick-up load at no extra curge.
Page 5 of 5
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ereement - For Park Tennis nl,�ris - On motion of Councilmember Larson,
seconded by Councilmember Gilbreath, Council approved by AYE votes of all
present an Independent Contractor Agreement between the City of Redlands
and Gary George for tennis programs at Ford Park and authorized the Mayor
and City Clerk to sign the agreement on behalf of the City.
Waiver Qf F - b 11 f r h - Baseball for Youth has submitted a
request to utilize Community Park ball fields from March 4 through July 15,
1995. In the proposal they have submitted, they have offered to pay
$10,000.00 toward field maintenance and $5,000.00 for utilities. Based on
this information, Councilmember Larson moved to waive the remaining
portion of the fee, $63,030.00, for Baseball for Youth. Motion seconded by
Councilmember Gilbreath and carried by AYE votes of all present.
Funds - E_ lectrical ,Components - Councilmember Foster moved to appropriate
$4,300.00 from the General Fund for replacement of electrical components at
Crafton Park which were stolen several weeks ago. Motion seconded by
Councilmember Gilbreath and carried by AYE votes of all present.
)Meed Abat m nt ont t - Councilmember Foster moved to approve the
renewal of a contract for weed abatement and waste removal between the City
of Redlands and Larry Jacinto Farming, Inc. and authorized the Mayor and
City Clerk to sign the contract on behalf of the City. Motion seconded by
Councilmember Gilbreath and carried by AYE votes of all present.
MOU - Redlands Professional Firefighters_,,A_ssoriation - Councilmember
Gilbreath moved to approve an agreement between the City of Redlands and
the Redlands Professional Firefighters Association covering the period
February 1, 1995, through January 31, 1997. Motion seconded by
Councilmember Gil and carried by the following vote:
AYES: Councilmembers Gil, Gilbreath; Mayor Larson
NOES: Councilmember Foster
ABSENT: Councilmember Cunningham
Resolution No. 5154 - H me Mo a e Pro m - Councilmember Foster
moved to adopt Resolution No. 5154. a resolution of the City Council of the
City of Redlands, California, approving a Home Mortgage Finance Program
in cooperation with the County of San Bernardino and authorizing the Mayor
and City Clerk to execute for and on behalf of the City a cooperative
agreement between the County of San Bernardino and the City. Motion
seconded by Councilmember Gil and carried by AYE votes of all present.
This action is consistent with the First Time Home Buyers Program recently
approved by the City Council on December 20, 1994,
February 21, 1995
Page 9