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Home My WebLink AboutURA RES 2021-26 RESOLUTION NO. 2021- A, RESOLMON OF THE CALDWELL URBAN RENEWAL AGENCY AUTHORIZINCI THE EXECUTION OF THE INDEPENDENT CONTRACTOR AGREEMENT WITH ELJAY WAITE FOR EVALUATION (FEASIBILITY STUI)Y) OF A NEW OR REVISED CALDWELL NORTH URBAN RENEWAL AREA. BE ITHEREBY RESOLVED by the Caldwell Urban Renewal Agency authorizxs the execution of the Independent Contractor Agreement effective June 1, 2021 until January 28, 2 22 as part hereof and set forth in full. PASSED BY THE CALDWELL URBAN RENEWAL AGENCY this l3t" day of September, 2021. APPROVED 13V THE CHAIRMAN OF THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL on this 13'h day of September, 2021. AP OVED: Pert Hop perA/Irman ATTEST: URA Secretary c1r), 4K *10 If w" ^Pti ro 4,i INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement ("Agreement") is made this 13" day of September, 2021, by and between the URBAN RENEWAL AGENCY OF THE CITY OF CAT.DWELL, 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,public budgeting,bonding and forecasting revenue allocation; and WHEREAS, Waite has over 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 reasonable time necessary to perform his duties from June 1, 2021 until January 28, 2022, a reasonable portion of which 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 wairves 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(ElJay 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 $13,600, which is 200 total hours over the period from June 1, 2021 until January 28,2022. 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 Commis;,ioners. He shall work with and as a pa the Economic Development Team on the task of preparing a Feasibility Study in conformance with Idaho Code 50-2905 including the study, research, creation and implementation of a new urban renewal area on the west iside of Caldwell, Idaho. Waite shall have the specific tasks of preparing the Feasibility Study including, supporting schedules, forecasts,projections, figures and appendices. 3.2 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. INDEPENDENT CONTRACTOR AGREEMENT(EFday Waite),Page 2 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 for any renewals or extensions hereof. INDEPENDENT CONTRACTOR AGREEMENT(EIJay Waite),Page 3 IN W117NESS WH 'RE 'the parties hereto, by their signatures below, acknowledge their understanding of and commitment to the tenus of this Agreement effective as of the day and year first written above. '000#00"t##0 I Ak*., Of,1,44t, 7% URBAN RENEWAL AGENCY OF THE CITY OF CA WELL, ID HO 100 r its . 0 Attest: Clerk, ELJAY W ITE, Contractor INDE PENDENT CONTRACTOR AGREEMENT(ElJay Waite), Page 4