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HomeMy WebLinkAboutContracts & Agreements_144-2002INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 3th day of September, 2002 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Sherry Edwards (hereinafter "Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in providing social work coordination services for the City of Redlands Building a Generation Division; and WHEREAS, Contractor has represented to City thatithas 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 Conti actor hereby agree as follows: AGREEMENT Section I. Tel in. The teini of this Agreement shall be from September 3, 2002 through June 30, 2003, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Consultant. Section 2. Services. A. City hereby authorizes Contractor to coordinate programs 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 commencing any activities under this Agreement. For the purposes of this agreement, "coordinate programs" shall include, but not be limited to, the following: i) Facilitating, designing, implementing and coordinating programs for parents of children 0-5 on a daily basis at four Family Resource Centers at four elementary school sites. ii) Working directly with school personnel, non-profit agencies, and community based organizations to develop, market, and publicize programs to the community. Attending meetings and developing resources through grant funding to secure future programs. Managing financial aspects of the grant including but not limited to billing and invoicing. 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 coordination of services, City shall pay Contractor no more than $45,000 from September 3, 2002 - June 30, 2003 at a base rate pay of $22/hour. Section 3. Insurance and Indemnification Section 3.1 Independent Contractor. 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 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant 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. Consultant shall not perfoiin any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant 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 Employer's Liability A. Consultant 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. Consultant expressly waives all rights to subrogation against City, its officers, employees and volunteers for losses arising from work perfoimed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. 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 harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 3.4 Comprehensive General Liability Insurance. Consultant 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 3.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000) per claim made. 3.6 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of 1 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 3.7 Assignment and Insurance Requirements. Consultant is expressly prohibited from subletting or 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 Consultant 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 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, 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 harmless 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 from 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. This Agreement shall not be assigned without the prior written consent of City. Any assignment, or attempted assignment, 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. 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. Executed this 3"' day of September, 2002 CITY OF REDLANDS Mayor ATTEST: INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 3'h day of September, 2002 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Anthony Frankson (hereinafter "Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in providing social work coordination 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 containedherein, the City and Contractor hereby agree as follows: AGREEMENT Section 1. Term. The tell' of this Agreement shall be from September 3, 2002 through June 30, 2003, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Consultant. Section 2. Services. A. City hereby authorizes Contractor to coordinate programs 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 commencing any activities under this Agreement. For the purposes of this agreement, "coordinate programs" shall include, but not be limited to, the following: i) Facilitating, designing, implementing and coordinating programs for parents of children 0-5 on a daily basis at four Family Resource Centers at four elementary school sites. ii) Working directly with school personnel, non-profit agencies, and community based organizations to develop, market, and publicize programs to the community. Attending meetings and developing resources through grant funding to secure future programs. Managing fmancial aspects of the grant including but not limited to billing and invoicing. 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 coordination of services, City shall pay Contractor no more than $50,000 from September 3, 2002 - June 30, 2003 at a base rate pay of $43.75/hour. Section 3. Insurance and Indemnification Section 3.1 Independent Contractor. 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 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant 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. Consultant shall not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant 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 Employer's Liability A. Consultant 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. Consultant expressly waives all rights to subrogation against City, its officers, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. 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 harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 3.4 Comprehensive General Liability Insurance. Consultant 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 3.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars (81,000,000) per claim made. 3.6 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of 1 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 3.7 Assignment and Insurance Requirements. Consultant is expressly prohibited from subletting or 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 Consultant 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 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, 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. Conti actor shall defend, indemnify and hold City, its elected officials, officers, employees and agents harmless 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 from 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. This Agreement shall not be assigned without the prior written consent of City. Any assignment, or attempted assignment, 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. 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. Executed this 3' day of September, 2002 CITY OF REDLANDS Mayor ATTEST: INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 3' day of September, 2002 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Cherrie Burris (hereinafter "Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in providing social work coordination services for the City of Redlands Building a Generation Division; and WHEREAS, Contractor has represented to City thatithas 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 follows: AGREEMENT Section 1. Tenn. The term of this Agreement shall be from September 3, 2002 through June 30, 2003, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Consultant. Section 2. Services. A. City hereby authorizes Contractor to coordinate programs 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 commencing any activities under this Agreement. For the purposes of this agreement, "coordinate programs" shall include, but not be limited to, the following: i) Facilitating, designing, implementing and coordinating programs for parents of children 0-5 on a daily basis at four Family Resource Centers at four elementary school sites. ii) Working directly with school personnel, non-profit agencies, and community based organizations to develop, market, and publicize programs to the community. Attending meetings and developing resources through grant funding to secure future programs. Managing financial aspects of the grant including but not limited to billing and invoicing. 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 coordination of services, City shall pay Contractor no more than $45,000 from September 3, 2002 - June 30, 2003 at a base rate pay of $22/hour. Section 3. Insurance and Indemnification Section 3.1 Independent Con h actor. 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 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant 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. Consultant shall not perfoiin any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant 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 Employer's Liability A. Consultant 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. Consultant expressly waives all rights to subrogation against City, its officers, employees and volunteers for losses arising from work perfoinued by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. 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 harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 3.4 Comprehensive General liability Insurance. Consultant 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 3.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000) per claim made. 3.6 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of 1 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 3.7 Assignment and Insurance Requirements. Consultant is expressly prohibited from subletting or 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 Consultant 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 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, 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 harmless 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 from 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. This Agreement shall not be assigned without the prior written consent of City. Any assignment, or attempted assignment, 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. 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. Executed this 3"' day of September, 2002 CITY OF REDLANDS 2 Mayor CONTRACTOR uM Cherrie Burris Al -TEST: INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 3th day of September, 2002 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Valarie Peterson (hereinafter "Contractor'). RECITALS WHEREAS, Contractor has expressed an interest in providing social work coordination 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 follows: AGREEMENT Section 1. Term. The teini of this Agreement shall be from September 3, 2002 through June 30, 2003, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Consultant. Section 2. Services. A. City hereby authorizes Contractor to coordinate programs 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 commencing any activities under this Agreement. For the purposes of this agreement, "coordinate programs" shall include, but not be limited to, the following: i) Facilitating, designing, implementing and coordinating programs for parents of children 0-5 on a daily basis at four Family Resource Centers at four elementary school sites. u) Working directly with school personnel, non-profit agencies, and community based organizations to develop, market, and publicize programs to the community. Attending meetings and developing resources through grant funding to secure future programs. Managing financial aspects of the grant including but not limited to billing and invoicing. 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 perfoiin such services to the best of its ability and in an efficient, professional and competent manner. C. As compensation for providing coordination of services, City shall pay Conti actor no more than $45,000 from September 3, 2002 - June 30, 2003 at a base rate pay of S22/hour. Section 3. Insurance and Indemnification Section 3.1 Independent Contractor. 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 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant 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. Consultant shall not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant 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 Employer's Liability A. Consultant 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. Consultant expressly waives all rights to subrogation against City, its officers, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. 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 harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 3.4 Comprehensive General Liability Insurance. Consultant 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 3.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000) per claim made. 3.6 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of 1 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 3.7 Assignment and Insurance Requirements. Consultant is expressly prohibited from subletting or 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 Consultant 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 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, 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 harmless 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 from 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. This Agreement shall not be assigned without the prior written consent of City. Any assignment, or attempted assignment, 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. 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. Executed this 3' day of September, 2002 CITY OF REDLANDS Mayor CO TRACTOR Valarie Peterson ATTEST: INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 3' day of September, 2002 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Jesse Gonzalez (hereinafter "Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in providing social work coordination 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 follows: AGREEMENT Section 1. Teen. The term of this Agreement shall be from September 3, 2002 through June 30, 2003, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Consultant. Section 2. Services. A. City hereby authorizes Contractor to coordinate programs 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 commencing any activities under this Agreement. For the purposes of this agreement, "coordinate programs" shall include, but not be limited to, the following: i) Facilitating, designing, implementing and coordinating programs for parents of children 0-5 on a daily basis at four Family Resource Centers at four elementary school sites. ii) Working directly with school personnel, non-profit agencies, and community based organizations to develop, market, and publicize programs to the community. Attending meetings and developing resources through grant funding to secure future programs. Managing financial aspects of the grant including but not limited to billing and invoicing. 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 coordination of services, City shall pay Contractor no more than $45,000 from September 3, 2002 - June 30, 2003 at a base rate pay of $22/hour. Section 3. Insurance and Indemnification Section 3.1 Independent Contractor. 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 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant 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. Consultant shall not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant 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 Employer's Liability A. Consultant 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 confiuining 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. Consultant expressly waives all rights to subrogation against City, its officers, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. 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 harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 3.4 Comprehensive General Liability Insurance. Consultant 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 3.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000) per claim made. 3.6 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of 1 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 3.7 Assignment and Insurance Requirements. Consultant is expressly prohibited from subletting or 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 Consultant 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 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, 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 harmless 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 from any act or omission of Contractor in performing its services hereunder. 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. This Agreement shall not be assigned without the prior written consent of City. Any assignment, or attempted assignment, 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. 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. Executed this 3' day of September, 2002 CITY OF REDLANDS Mayor CONTRACTOR ATTEST: INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 3'd day of September, 2002 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Gabriela Alonso (hereinafter "Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in providing social work coordination 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 follows: AGREEMENT Section 1. Terns. The terns of this Agreement shall be from September 3, 2002 through June 30, 2003, unless terminated earlier by City without cause and in its sole discretion, by providing ten (10) days prior written notice of such termination to Consultant. Section 2. Services. A. City hereby authorizes Contractor to coordinate programs 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 commencing any activities under this Agreement. For the purposes of this agreement, "coordinate programs" shall include, but not be limited to, the following: i) Facilitating, designing, implementing and coordinating programs for parents of children 0-5 on a daily basis at four Family Resource Centers at four elementary school sites. ii) Working directly with school personnel, non-profit agencies, and community based organizations to develop, market, and publicize programs to the community. Attending meetings and developing resources through grant funding to secure future programs. Managing fmancial aspects of the grant including but not limited to billing and invoicing. 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 coordination of services, City shall pay Contractor no more than S45,000 from September 3, 2002 - June 30, 2003 at a base rate pay of $22/hour. Section 3. Insurance and Indemnification Section 3.1 Independent Contractor. 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 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant 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. Consultant shall not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant 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 Employer's Liability A. Consultant 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 subj ect of this Agreement. B. Consultant expressly waives all rights to subrogation against City, its officers, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. 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 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. This Agreement shall not be assigned without the prior written consent of City. Any assignment, or attempted assignment, 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. 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. Executed this 3`" day of September, 2002 CITY OF REDLANDS Mayor CONTRACTOR 2d riela Alonso ATTEST: Cii Clerk adopted Resolution No. 6065, a resolution of the City Council of the City of Redlands establishing fees for the Redlands Police Department. Funds - Crime Prevention Grant Program - On motion of Councilmember Gilbreath, seconded by Councilmember Harrison, the City Council unanimously authorized $5,000.00 from Community Crime Prevention Grant Program awards to the Gang Reduction Intervention Team and the Community Presbyterian Church to fund an after -school program. Contract - COMPASS Initiative - On motion of Councilmember Gilbreath, seconded by Councilmember Harrison, the City Council unanimously approved a contract with Julie Wartell to provide management services to the Police Department's East Valley COMPASS Initiative. Contract - Funds - Senior Transportation - On motion of Councilmember Gilbreath, seconded by Councilmember Harrison, the City Council unanimously approved an Alternative Fuels Local Government Match Program contract with South Coat Air Quality Management District, authorized the Mayor and City Clerk to execute the document on behalf of the City, and approved an additional appropriation in the amount of $115,000.00 for the purchase of two alternative fuel vehicles for the senior transportation plan. Independent Contractor Agreement - Recreation Bureau - On motion of Councilmember Gilbreath, seconded by Councilmember Harrison, the City Council unanimously approved an independent contractor agreement with Fang Lai to develop and conduct Tai Chi and Chi Gong classes for the City's Recreation Bureau, and authorized the Mayor and City Clerk to execute the document on behalf of the City.. Independent Contractor Agreements - Building A Generation - On motion of Councilmember George, seconded by Councilmember Peppler, the City Council unanimously approved independent contractor agreements with Sherry Edwards, Gabriela Alonso, Valarie Peterson, Jesse Gonzalez, Cherrie Burris, and Anthony Frankson to provide grant coordination and evaluation services for the Building A Generation Children and Families Commission grant. Maureen O'Keefe Hodge, Director of Outreach Services for Building A Generation, introduced the folks who will provide social work coordination, evaluation, and parent education services. Resolution No. 6078 - Salary - On motion of Councilmember Gilbreath, seconded by Councilmember Harrison, the City Council unanimously adopted Resolution No. 6078, a resolution of the City Council of the City of Redlands establishing a salary schedule and compensation plan for City employees and rescinding Resolution No. 6067, reflecting changes recommended by the Police Department. September 3, 2002 Page 5