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Independent Contractor - 2012 - Crime Stoppers / Service Agreement - 11/10/2012SERVICES AGREEMENT (CRIMESTOPPERS ) This Services Agreement ("Agreement") is made effective this /0 day of NOtaL6e,e" , 2020 by and between City of Eagle, Idaho, an Idaho municipal corporation ("City"), and Crime Stoppers of Southwest Idaho, an Idaho non-profit corporation. RECITALS WHEREAS, Crime Stoppers programs were formed for the purpose of providing crime -solving assistance to law enforcement agencies. WHEREAS, Crime Stoppers programs worldwide have solved over half a million crimes and recovered over three billion dollars' worth of stolen property and narcotics. WHEREAS, Crime Stoppers of Southwest Idaho was founded in 1981 and administered by an all -volunteer board of directors. WHEREAS, Crime Stoppers have assisted law enforcement agencies by providing information on crimes called in to the Crime Stoppers Tip line with information which leads to an arrest. WHEREAS, City desires to hire Crime Stoppers to provide community services and continued assistance of the City of Eagle Police and other law enforcement agencies. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the parties agree as follows: 1. Incorporation of recitals: The above Recitals are a material part of this Agreement and are incorporated into the Services of this Agreement by reference as though they were fully set forth herein. 2. Effective Date; Term: The term of this Agreement is from November 16, 2020 through September 30, 2021. 3. Services: The services to be performed by Crime Stoppers under this Agreement shall be those services identified in Exhibit A attached hereto and incorporated by reference herein. 3. Compensation and Payment: City shall pay to Crime Stoppers Three Thousand Five Hundred Dollars and 00/100 ($3,500.00). Services Agreement -1 4. Independent Contractor: At all times during the term of this Agreement, Crime Stoppers shall be an independent contractor and shall not be an employee of the City. The City shall have the right to control Crime Stoppers only insofar as the results of Crime Stoppers' services rendered pursuant to this Agreement. The City shall not have the right to control the means and methods by which Crime Stoppers accomplishes services rendered hereunder. Crime Stoppers shall indemnify the City against any liability arising out of an allegation or finding that Crime Stoppers is not an independent contractor. Crime Stoppers will be solely responsible for payment of all federal and state taxes, will not be an employee of the City for worker's compensation purposes or any other purposes, and will not have unemployment insurance benefits. 5. Recordkeeping: Crime Stoppers shall prepare and maintain complete and accurate records regarding the performance of services under this Agreement, including, but not limited to, a year year-end report summarizing the number of tips leading to an arrest and a report summarizing the community outreach programs conducted during the term of this Agreement. 6. Indemnification: Crime Stoppers shall agree to indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgment for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with Crime Stoppers' performance under this Agreement. 7. Equipment, materials, supplies: Crime Stoppers shall supply, at Crime Stoppers' sole expense, all equipment, tools, materials, and/or supplies to accomplish the services to be provided under this Agreement. 8. Notice: Communication between the Parties regarding day-to-day matters shall occur via e-mail or telephone. For Clarification on or direction regarding day-to-day matters, the point of contact for the City shall be the Eagle City Clerk's office. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Eagle Attn: Eagle City Clerk Email: clerks@cityofeagle.org Phone: (208) 939-2669 Crime Stoppers Attn: Brii Mason Email: crimestoppersofswid@gmail.com Phone: (208) 871-2550 9. Assignment: This Agreement may not be assigned or delegated by either party without prior written consent of the other party. 10. Amendments: This Agreement may be amended only in writing upon mutual agreement of both City and Crime Stoppers. 11. Attornev's Fees: The prevailing party in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which a court of competent jurisdiction may award. Services Agreement -2 12. Governing Law: This Agreement will be construed in accordance with the laws of the State of Idaho. The Parties submit to the jurisdiction of Idaho courts and agree that proper venue for any suit concerning this Agreement shall be in the Fourth Judicial District of the State of Idaho, in and for Ada County. 13. Entire Agreement: This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof. Statements or representations of any kind not embodied herein shall be of no force or effect. This Agreement may only be modified in writing. 14. Severability: If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 15. Approval: The City and Crime Stoppers each acknowledge that this Agreement, even though agreed upon by the City's representatives, is not binding upon the City until such time as the Eagle City Council approves this Agreement and authorizes the Mayor to execute this Agreement on behalf of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGLE: n Pierce, Mayor ATTEST: racy 0 • rn, City Clerk Services Agreement -3 .( OF F� 'Q SEPOR • AL 4•';tt' • ; *c CRIME STOPPERS: 9-(4 Pa4-Ca-._f Brii Mason, President Exhibit A — Scope of Services Law Enforcement Assistance • Crime Stoppers will staff and operate a twenty-four (24) hour Telephone Hotline line to take anonymous tips of a crime from callers • Crime Stoppers will provide a website and P3 App Software to enable persons to provide tips online. • Crime Stoppers will provide at least one (1) Police Coordinator who will act as the communication facilitator between citizens, media and law enforcement. Community Outreach • Crime Stoppers will provide at least one (1) public outreach program to assist and educate Eagle citizens on crime prevention and reporting. • Crime Stoppers will provide at least one (1) educational program to an Eagle based school on implementing and maintaining a school crime program. Services Agreement -4 Jason Pierce Mayor December 10, 2020 Crime Stoppers of SW Idaho, Inc Attn: Brii Mason, President P.O. Box 1452 Meridian, ID 83680 Dear Ms. Mason: City of Eagle P.O. Box 1520 Eagle, Idaho 83616 208-939-6813 Council Members: Charlie Baun Miranda Gold Brad Pike Kenny Pittman Per the service agreement between the City of Eagle and Crime Stoppers of Southwest Idaho dated November 10, 2020, a check in the amount of $3,500.00 is enclosed. The City is excited about this new partnership and anticipate a positive impact to the community as a result. As per Exhibit A of the agreement, please notify the City once the Community outreach programs have been conducted. We would love to have a report at a Council meeting about the events. Wishing you the very best! Sicerely, Tracy E. sborn, CMC City Clerk Page 1 of 1 K:\CITY\SEALS LOGOS and letter head\City Seal & Letterhead\Letterhead w City Seal-2020.docx