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HomeMy WebLinkAboutAmericorp Youth Coordinator Agreement with Franklin L. 'Bud' Henthorn AMERICORP YOUTH COORDINATOR AGREEMENT THIS AGREEMENT, by and between THE CITY OF MERIDIAN, an Idaho municipal corporation, (hereinafter referred to as "CITY") of33 E. Idaho Ave., Meridian, Idaho 83642 and Franklin L. 'Bud' Henthorn (hereinafter refen'ed to as "HENTHORN") of 1296 N. Golfview Way, Meridian, Idaho, 83642. 1. Scope of Services: HENTHORN shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "Aft and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. The position shall be funded in conjunction with a grant program administered by the University of Idaho as sponsored by the AmericOlp program, hereinafter refered to as "GRANT.". 2. Time of Performance: This agreement shall become effective on or about November 30,2005 and execution by both parties, and shall expire on September 30,2006 unless earlier terminated or extended. Extension of this Agreement may be made at the sole discretion of the CITY and may be dependant on securing continued funding from the GRANT. 3. Indemnification and Insurance: The GRANT portion of this program shall cover all necessary insurance needs of HENTHORN. The CITY and HENTHORN have no obligations to provide insurance or indemnification as part of this Agreement. 4. Independent Contractor: HENTHORN shall be deemed to be an independent contractor as Americorp Youth Coordinator. HENTHORN shal I not have mandatory duties except those imposed by the GRANT, law, or regulation and those necessary to carry out the terms and conditions of this Agreement. Nothing contained in this Agreement shall be regarded as creating any relationship (employer/employee,joint venture, partnership, or shareholder) between the parties other than the independent contractor relationship as set f01th herein. For the purposes of the GRANT, Americorp will pay the necessary FICA withholding for their portion ofthe stipend. This in no way affects the relationship of HENTHORN with the CITY. Nothing is intended by these directions or requirements to alter or change the independent contractor relationship detailed in this Agreement. HENTHORN is, and shall be treated by CITY as, an independent contractor (statutory non-employee) and not an employee for state, tax and for all other purposes. He will not be treated as an employee with respect to the services performed by his for federal tax purposes. HENTHORN hereby acknowledges that AMERICORP YOUTH COORDINATOR AGREEMENT - page 1 of 6 He has been advised by CITY that as an independent contractor (non-employee) affiliated with CITY. He is responsible for the payment of all his own federal income taxes and his own self-employment taxes (FICA), together with any and all corresponding state, county and local taxes, ifany, and he hereby agrees to comply with those responsibilities. HENTHORN hereby waives any claims he has or may have against CITY now or in the future respecting such taxes or the right of CITY not to withhold, not to payor not to contribute to such taxes on his behalf. This Agreement contemplates that HENTHORN will represent the CITY 111 meetings, committees, institutes, work groups, forums, or similar manner in furtherance of the GRANT requirements. He may represent the CITY on behalf of the Mayor or City Council at their direction. He may occasionally be directed to attend training or conferences at the CITY's expense as the CITY's representative. If directed by the Mayor or City Council to attend such events the CITY will incur the costs and expense of the travel and necessary expenses for attendance. Nothing is intended by these directions or requirements to alter or change the independent contractor relationship detailed in this Agreement. 5. Compensation: HENTHORN shall be compensated as the Americorp Youth Coordinator and related services in furtherance of this stated goal and objective pursuant to and specified in attached Exhibit "A." HENTHORN will be paid a monthly stipend from the City of Meridian in the amount of four dollars and twenty-five cents ($4.25) per hour not to exceed seven thousand, two hundred and twenty-five dollars ($7225.00) for the fiscal year '06 or one thousand seven hundred (1700) hours of work performed for the term of this agreement. HENTHORN will also be entitled to submit mileage claims related to the performance of this agreement monthly to the City for reimbursement at the current IRS rate. 6. Method of Payment: HENTHORN will be paid by the CITY monthly on or about the last business day of each month. HENTHORN will submit a monthly accounting of hours and tasks worked on in furtherance of this agreement. Mileage expenses will be paid with thirty (30) days of the claim that are consistent with this agreement. 7. Work Station: The CITY will provide a work station, including the use of a city computer, in City Hall for use by HENTHORN in fUltherance of this Agreement. All information, materials, work product that is created in furtherance ofthis Agreement shall be deemed the property of the CITY. HENTHORN will comply with all CITY policies in relation to the use of the work station and city computer. Nothing is intended by this provision to alter or change the independent contractor relationship detailed in this Agreement. AMERICORP YOUTH COORDINATOR AGREEMENT - page 2 of 6 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, celtified, return receipt requested, addressed as follows: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Franklin L. 'Bud' Henthorn 1296 N. Golfview Way Meridian, Idaho, 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys I fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the pmties hereto, that HENTHORN shall not have the right to assign, transfer, or sell any of his rights under this Agreement except upon the prior express written consent ofClTY. 12. Discrimination Prohibited: In performing the services required herein, HENTHORN shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for AMERICORP YOUTH COORDINATOR AGREEMENT - page 3 of 6 examination all of HENTHORN'S records with respect to all matters covered by this Agreement. HENTHORN shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in pmt under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of services required hereunder, HENTHORN shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of HENTHORN' s compensation, which are mutually agreed upon by and between the CITY and HENTHORN, shall be incorporated in written amendments to this Agreement. 18. Termination: For Cause: If, through any cause, HENTHORN, fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages or is charged with any criminal conduct (either misdemeanor or felony), fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to HENTHORN. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: If the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to HENTHORN of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. HENTHORN may also terminate this agreement at any time by giving at least thirty (30) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by HENTHORN under this Agreement shall, at the option of the CITY, become its property, and HENTHORN shall be AMERICORP YOUTH COORDINATOR AGREEMENT - page 4 of 6 entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, HENTHORN shall not be relieved ofliability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by HENTHORN, and the CITY may withhold any payments to HENTHORN for the purposes of set-off until such time as the exact amount of damages due the CITY from HENTHORN is determined. This provision shall survive the termination of this agreement and shall not relieve HENTHORN of its liability to the CITY for damages. 19. Construction and Severability: If any part ofthis Agreement is held to be invalid or unenforceable, sllch holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Entire Agreement: This Agreement contains the entire agreement ofthe patties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State ofIdaho, and the ordinances of the City of Meridian. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. '.2 rJ .---;; ,(J Dated this ~ day of ;janUo,-f~f ,200J::... J cf -/4i?:~ ----- '/FRANKL~ BUD' HENTHORN AMERICORP YOUTH COORDINATOR AGREEMENT-page 5 of6 qrd ,/ Dated this ~ day of c) O-fU,( Ctf'f( , 200...f:L CITY OF MERIDIAN \\\UUllIIIIJIJ \\\ IilP- II{ ........\\\ Of w'~'fl). Itt,,>, ".... ..><~. -. "/.... ~.... ~ 'IV ~~ ~ .~; ~ f () ~ ~ ~ ~ ~ ~ ~ Attest: AMERICORP YOUTH COORDINATOR AGREEMENT - page 6 of 6