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Home My WebLink AboutURA RES 2018-14 RESOLUTION NO.2018- A RESOLUTION OF THE CALDWELL URBAN RENEWAL AGENCY AUTHORIZING THE EXECUTION OF THE INDEPENDENT' CONTRACTOR AGREEMENT WITH ELJAY WAITE FOR FINANCIAL AND ECONOMIC DEVELOPMENT SERVICES. BE IT HEREBY' RESOLVED by the Caldwell Urban Renewal Agency authorizes the execution of the Independent Contractor Agreement part hereof and set forth in full. PASSED BY THE CALDWELL URBAN RENEWA1, AGENCY this 25 th day ol'April, 2018. APPROVED BY THE CHAIRMAN OF THE UR13AN RENEWAL AGENCY OF THE CITY OF CALDWELL on this 25" day ol'April, 2018. 'R )VE'I): CIIAIZMA ATTEST: ot CA LjD SECRETARY c> 4Q atka" 04% SCANNED 0 i INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement ("Agreement") is made this day of April, 2018, by and between the URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, IDAHO, an independent body corporate and politic organized under the Urban Renewal Law of 1965, of 411 Blaine Street, Caldwell, Idaho 83605 (hereinafter referred to as "Agency")and ELJAY WAITE,an individual, of 1910 E. Homedale Rd.,Caldwell,Idaho 83607 (hereinafter referred to as"Waite"). WHEREAS, The Agency is an existing and operating urban renewal agency in the state of Idaho and is authorized by Idaho Code §50-2006(c) to hire technical experts and other agents and employees to assist in its operations; and WHEREAS, Agency is desirous of contracting with an individual who has experience in the formation of new urban renewal areas and plans, urban renewal accounting and reporting requirements, and public budgeting; and WHEREAS, Waite has 20 years of experience in these areas, previously serving as the City Finance Director for Caldwell, Idaho and the Treasurer for the Agency. NOW, THEREFORE, in consideration of their mutual covenants and conditions hereinafter set forth,the parties hereby agree as follows: Section 1: Independent Contractor. 1.1 Waite shall be deemed to be an independent contractor. Waite shall devote approximately 10 hours per week from April 30, 2018 until September 30, 2018 of which a reasonable portion shall be during regular business hours to his duties under this Agreement. Waite shall not have mandatory duties except those imposed by law or regulation and those specifically set out in this Agreement. Nothing contained in this Agreement shall be regarded as creating any relationship (employer/employee, joint venture, partnership, shareholder) between the parties other than the independent contractor relationship as set forth herein. 1.2 Waite is, and shall be treated by Agency as, an independent contractor (statutory non-employee) and not an employee for state, tax and for all other purposes. Waite will not be treated as an employee with respect to the services performed by him for federal tax purposes. Waite hereby acknowledges that he has been advised by Agency that as an independent contractor (non-employee) affiliated with Agency, 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, if any, and Waite hereby agrees to comply with those responsibilities. Waite hereby waives any claims he has or may have against Agency now or in the future respecting such taxes or the right of Agency not to withhold, not to pay or not to contribute to such taxes on behalf of Waite. 1.3 Waite represents and acknowledges to Agency that his work and pay under this Agreement will not adversely affect his PERSI retirement benefits and that he will not be limited INDEPENDENT CONTRACTOR AGREEMENT(EIJay Waite),Page 1 from performing his obligations under this Agreement by any risk, delay or non-payment of any expected retirement benefits. Waite hereby waives any claims he has or may have against Agency now or in the future respecting any potential impact on his retirement benefits. Section 2: Agency Responsibilities. 2.1 Agency agrees that in consideration of the services of Waite, it shall, while this Agreement remains in force make available to Waite office space in or near Caldwell City Hall at 411 Blaine Street, Caldwell, Idaho, which office shall include a telephone, access to a photocopier and facsimile machine, a computer with internet connection, access to necessary Agency files and necessary maintenance. As additional consideration for the services of Waite, Agency shall pay: 2.2 Compensation: Agency shall pay Waite sixty-eight dollars ($68) per hour for a total sum not to exceed $14,960, which is 220 total hours over the period from April 30, 2018 until September 30, 2018. No additional sums shall be or become due and owing to Waite without a written modification of this Agreement. Waite shall keep track of all hours spent in furtherance of his duties hereunder and report the same, with an itemization of work performed, to Agency on a monthly basis. 2.3 Expenses: Agency shall reimburse Waite for mileage incurred in connection with performing obligations under this Agreement at the rate of$.50 per mile and reimburse other expenses, up to a total sum not to exceed $500.00, for incidental costs and expenses. Waite shall provide supporting documentation or calculations of expenses with the monthly itemization referred to in the preceding paragraph. 2.4 Agency shall neither pay for nor include Waite on any benefits program. Section 3: Waite's Responsibilities. 3.1 Waite shall act under the direction and at the pleasure of the Chairman and the Agency Commissioners. He shall work with and as a part of the Economic Development Team with his primary focus being the study, research, creation and implementation of a new urban renewal area on the west side of Caldwell, Idaho. Waite shall not have specific tasks and duties, but is responsible to use his skills and experience to achieve the overall goal of urban renewal, economic development. 3.2 New and Existing Urban Renewal Area Projects: Waite will assist Agency in the creation of a new urban renewal area and its corresponding Urban Renewal Plan and Reallocation Financing Provision. Tasks may include defining the boundaries of the new plan and reallocation areas, crafting a plan and workable program, identifying and coordinating with significantly affected property owners, developing a project list, estimating project costs, identifying funding alternatives,preparing statutory reports and tables, presenting to the Agency and affected taxing districts, testifying at public hearings, supporting land acquisition activities, maintenance of land inventory cost schedules and pricing sheets, developing a post-sunset land INDEPENDENT CONTRACTOR AGREEMENT(EIJay Waite),Page 2 acquisition strategy, reviewing LOI's and other proposals for compliance with Agency goals, negotiating Agency incentives with private developers,and closing Agency land transactions. 3.3 Finance Tasks: Waite may be asked to perform or assist with preparation of the Agency's annual budget, estimate revenues and expenditures, incorporate commissioner budget requests, coordinate the Agency's budget with the City of Caldwell, conduct statutory budget hearings, present financial and project reports, recommend infrastructure projects and recommend taxing district requested projects. Section 4: Miscellaneous Provisions. 4.1 This Agreement constitutes and contains an entire Agreement of the parties and supersedes and merges all other prior understandings or agreements between the parties on the subjects of this Agreement,if any,whether oral or written; 4.2 The failure of a party hereto to insist upon strict performance or observance of this Agreement shall not be a waiver of any breach of any terms or conditions of this Agreement by the other party; 4.3 In the event any provision or section of this Agreement conflicts with applicable law or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect; 4.4 In the event of any litigation arising under, or as a result of, this Agreement or arising from any of the acts to be performed hereunder or the alleged breach of this Agreement, the prevailing party(ies)shall recover costs and reasonable attorney's fees; 4.5 This Agreement shall be governed and interpreted by the laws of the State of Idaho; 4.6 No party may assign this Agreement or any interest therein without written consent of the other parties, and in the event of assignment,this Agreement shall inure to and be binding upon the parties hereto as well as their successors, assigns,departments and agencies; 4.7 No amendment, alteration or modification of this Agreement shall be effective unless made in writing and duly executed by the parties hereto; 4.8 Liability and Indemnification. City shall not be liable to Waite for any expenses incurred by him, other than pre-approved travel expenses to the extent the same are in compliance with this Agreement, nor shall Waite have authority to bind City or any of its agencies or departments by any promise or representation, unless specifically authorized in advance and in writing by the Mayor or City Council. Waite further agrees to pay all damages, costs and expenses,including but not limited to attorney fees assessed against or incurred by City in defending or satisfying any claim or judgment against City because of Waite's activity, even if such claim or judgment is brought or filed subsequent to the expiration or termination of this Agreement or any renewals or extensions hereof. INDEPENDENT CONTRACTOR AGREEMENT(EIJay Waite),Page 3 IN WFINESS WHEREOF the parties hereto, by their signatures below, acknowledge their understanding of and commitment to the teens of this Agreement effective as of the day and year first written above. 6 URBAN RENEWAL AGENCY OF THE CITY OF (),F C4404, CALDWELL, IDAHO is "i Attest: Clerk ELJA��rZ16 Contractor V�Co�ntract'or IN' DEPENDENT CONTRACTOR AGREEMENT(Ehlay Waite),Page 4