HomeMy Public PortalAbout2020.05.07 Independent Contract Agreement Casey O'LearyINDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is between CASEY O'LEARY (hereinafter Contractor) and the City of
McCall (hereinafter City of McCall) and outlines the terms under which Contractor agrees to provide
services for and behalf of City of McCall.
WHEREAS:
A. The City of McCall is the recipient of grant funding from Blue Cross of Idaho
Foundation for Health Grant Funds to support the McCall community garden; and
B. Contractor is a student at McCall Outdoor Science School (MOSS); and
C. Contractor will provide services to the City of McCall and MOSS to further the goals
of the Comprehensive Plan related to Urban Agriculture and Community Food Systems
and will be overseen by the Community and Economic Development Director and
other assigned City Staff; and
D. The City of McCall will pay Contractor for these services from the above-referenced
grant funding.
In consideration of the financial payments and other conditions outlined herein, IT IS
HEREBY AGREED by and between the parties as follows:
1. Term and Consideration. This Agreement will commence on May 18, 2020 and
terminate six (6) weeks from the commencement date. The consideration for this Agreement is the
sum of $4,000 (the "funds"), payable through an invoicing process as work is completed.
2. Use of Funds. Contractor agrees that the funds shall be used only to advance the
purposes of this Agreement and the scope and work product hereof as hereinafter set forth and shall
not be used for any other purpose or in any way that would contravene the agreement under which
the City of McCall received the grant from Blue Cross ofldaho Foundation for Health Grant Funds.
Contractor agrees that the City of McCall may, at any time, conduct an audit of the Contractor's
expenditure of the funds to ensure thatthe funds are being used in accordance with this Agreement and
the grant from Blue Cross ofldaho Foundation for Health Grant Funds.
3. Scope. Contractor will work under the Community and Economic Development
Director to advance the urban agriculture and community food systems goals outlined in the City of
McCall's Comprehensive Plan. Contractor will convene stakeholders, assess current city assets to
support urban agriculture and community food systems, and advance priority projects as possible
through the scope of the internship. The scope of this internship is deliberately broad, addressing
many interconnecting Comprehensive Plan goals, priorities, and projects simultaneously to coalesce
a community vision around what is possible and allow specific strategies to emerge based on
stakeholder input, leadership, and resources. In furtherance of these objectives, Contractor agrees to:
INDEPENDENT CONTRACTOR AGREEMENT -I
A. Review city-owned land inventories and assess their suitability for urban agriculture;
explore the feasibility of community gardens in public spaces. (LU project 16) by:
• Meeting with city Parks and Recreation department staff to assess
opportunities and challenges with incorporating community gardens into
current parks department lands; and
• Meeting with McCall police department, Valley County staff, and Heartland
Hunger Coalition staff to explore the possibility of expanding the current
garden behind the police department in a mutually beneficial way for all
stakeholders; and
• Convening a committee of stakeholders who are committed to the success of
a community garden on public land if feasibility explorations prove fruitful
and, with the committee, generate recommendations and materials to move
the chosen project(s) forward;
• Visiting city-owned lands and performing an assessment of slope, aspect,
irrigation access and other relevant factors; and
• Ranking city-owned lands in their suitability for agriculture.
B. Work with the Payette Land Trust to identify appropriate areas for conservation (LU
project 14) by:
• Meeting with city staff and community stakeholders to coalesce around a
vision for urban agriculture, exploring purposes, needs, and specific goals;
• Working with the Payette Land Trust to identify parcels that would
contribute to the overall vision for agriculture and community food systems;
and
• Exploring opportunities to work with landowners to create conservation
easements or other protection strategies on strategically valuable parcels.
C. Review city development code to better accommodate agricultural uses and support
food production and distribution (LU project 17) by:
• Reading and reviewing city development code with a focus on how it might
impact urban agriculture, food production, and distribution;
• Comparing to other urban agriculture codes and ordinances;
• Making recommendations on potential amendments to support urban
agriculture, food production, and distribution; and
INDEPENDENT CONTRACTOR AGREEMENT -2
" S o l i c i t i n g i n p u t f r o m c o m m u n i t y m e m b e r s o n p r o p o s e d a m e n d m e n t s .
D . E x p a n d f a r m e r ' s m a r k e t o p p o r t u n i t i e s ( L U p r o j e c t 1 8 ) b y :
" M e e t i n g w i t h f a r m e r ' s m a r k e t m e m b e r s t o u n d e r s t a n d o p p o r t u n i t i e s a n d
c h a l l e n g e s w i t h s a l e s o u t l e t s i n t h e c i t y o f M c C a l l ; a n d
" D e v e l o p i n g s t r a t e g i e s a n d p l a n s t o a d v a n c e t h e i d e n t i f i e d n e e d s o f a r e a
d i r e c t - m a r k e t f a r m e r s a n d v a l u e - a d d e d p r o d u c e r s , a s p o s s i b l e b a s e d o n
p r o d u c e r i n p u t .
E . E x p l o r e p a r t n e r s h i p s t o s u p p o r t g r e e n h o u s e d e v e l o p m e n t ( L U p r o j e c t 1 5 ) b y :
" I d e n t i f y i n g s t a k e h o l d e r s w h o w o u l d b e n e f i t f r o m g r e e n h o u s e a c c e s s ; a n d
" C o n v e n i n g p o t e n t i a l p a r t n e r s t o d i s c u s s o p p o r t u n i t i e s f o r g r e e n h o u s e
d e v e l o p m e n t . P o t e n t i a l p a r t n e r s i n c l u d e M c C a l l P a r k s a n d R e c r e a t i o n ,
M c C a l l P u b l i c L i b r a r y , M c C a l l / D o n n e l l y H i g h S c h o o l , V a l l e y C o u n t y F F A ,
U n i v e r s i t y o f I d a h o M c C a l l O u t d o o r S c i e n c e S c h o o l , U n i v e r s i t y o f I d a h o
V a l l e y C o u n t y E x t e n s i o n , U n i t e d S t a t e s D e p a r t m e n t o f A g r i c u l t u r e , W e s t e r n
S u s t a i n a b l e A g r i c u l t u r e R e s e a r c h a n d E d u c a t i o n F o u n d a t i o n , F r a n z W i t t e
N u r s e r y .
4 . T i m e l i n e . T h e C i t y o f M c C a l l a n d C o n t r a c t o r a g r e e t h a t C o n t r a c t o r s h a l l a d h e r e t o
t h e f o l l o w i n g t i m e l i n e :
" W e e k 1 : O r i e n t a t i o n a n d b e g i n n i n g s t a k e h o l d e r c o n t a c t . O r i e n t t o c i t y s t a f f
a n d s t a k e h o l d e r s w h o w i l l a d v i s e f o r w a r d m o v e m e n t o n u r b a n a g r i c u l t u r e
a n d c o m m u n i t y f o o d s y s t e m s p r o j e c t s . B e g i n s c h e d u l i n g m e e t i n g s w i t h
s t a k e h o l d e r s t o d e v e l o p p o t e n t i a l p a r t n e r s h i p s a n d b u i l d c o m m u n i t y s u p p o r t .
" W e e k s 2 & 3 : S t a k e h o l d e r m e e t i n g s . M e e t w i t h s t a k e h o l d e r s a n d d o c u m e n t
f e e d b a c k . F o l l o w u p o n l e a d s g i v e n b y s t a k e h o l d e r s a n d s t a f f t o p u r s u e
w o r k p l a n g o a l s .
" W e e k 4 : V i s i o n i n g u s i n g t h e C o m p r e h e n s i v e P l a n . C o l l e c t s t a k e h o l d e r i n p u t
a n d c r e a t e a n o v e r a l l v i s i o n f o r u r b a n a g r i c u l t u r e a n d c o m m u n i t y f o o d
s y s t e m s i n M c C a l l . E l a b o r a t e o n g o a l s a n d o v e r a l l p u r p o s e s o f t h e s t r a t e g i e s
o u t l i n e d i n t h e C o m p r e h e n s i v e P l a n t o c r e a t e a m o r e c o h e s i v e v i s i o n t h a t
r e f l e c t s c o m m u n i t y n e e d s a n d o p p o r t u n i t i e s .
" W e e k 5 : A s s e s s c i t y - o w n e d l a n d f o r a g r i c u l t u r a l s u i t a b i l i t y . D e v e l o p a
r a n k i n g s y s t e m f o r t h e a g r i c u l t u r a l s u i t a b i l i t y c i t y - o w n e d p a r c e l s . V i s i t a n d
a s s e s s c i t y - o w n e d p a r c e l s f o r a g r i c u l t u r a l s u i t a b i l i t y . M e e t w i t h P a y e t t e L a n d
I N D E P E N D E N T C O N T R A C T O R A G R E E M E N T - 3
Trust staff to identify potential parcels that would enhance the city's urban
agriculture and community food systems vision.
• Week 6: Present findings. Discuss and present all findings to city staff and
officials, including foreseen challenges and recommended next steps.
5. Delivery of Work Product. At the termination of this Agreement, Contractor shall
deliver the following work product to the City of McCall:
• Agricultural Suitability Assessment of city-owned parcels.
• Community Garden Committee Recommendations and Materials based on
stakeholder input and feasibility.
• Urban Agriculture Updates to McCall City Code recommendations based on
review of existing codes and comparison with other urban agriculture
ordinances.
• McCall Urban Agriculture and Community Food Systems Visioning
Documents based on staff and stakeholder input.
6. Obligations of City of McCall. City of McCall's obligations under this Agreement
shall be limited to providing advice, direction and feedback to Contractor in performance of this
Agreement and payment for services rendered under this Agreement.
7. Independent Contractor. Contractor agrees to perform the services under this
Agreement as an independent contractor, recognizing he is not an employee of the City of McCall
and not entitled to any of the benefits otherwise available to eligible employees of City of McCall.
Contractor also acknowledges he will not be covered by City of McCall's worker's compensation
policy should Contractor suffer or incur an on-the-job injury or illness in performing the services
under this Agreement.
8. Taxes. Contractor shall be responsible for the payment of all income taxes, FICA
taxes and any other withholdings that are required now or may in the future be required by either the
United States Federal Government, the government of the State ofldaho, or any municipal authority,
as well as for all self-employment taxes or other taxes, insurance, or expenses required/acquired in
connection to the service he provides to City of McCall or on McCall's behalf. Contractor further
acknowledges City of McCall shall not be responsible for withholding any federal and state taxes or
other taxes, insurance, or expenses from any payment under this Agreement.
9. Liabilitv. The work to be performed under this Agreement will be performed
entirely at Contractor's risk and Contractor assumes all responsibility for services performed by
Contractor, for any representations made by Contractor in any activity or other representation on
behalf of the City of McCall, and all other incidences of this independent contractual relationship.
INDEPENDENT CONTRACTOR AGREEMENT -4
10. Workman's Compensation. It is fully understood by Contractor that Workman's
Compensation will not be provided by the City of McCall. As a condition of this Agreement,
Contractor shall be required to provide the City of McCall with proof of Contractor's coverage under
Workman's Compensation insurance, which coverage shall be at Contractor's own cost and expense.
In addition, Contractor may secure, at Contractor's own cost and expense, such other income
protection, health or accident insurance or other incidences of employment security as Contractor
desires .
11. Relationship of Parties. The parties intend that an independent contractor relationship
be created by this Agreement. The City of McCall is interested in the results to be achieved by the
Contractor therefore, the City of McCall shall have the right to examine, from time to time if it so
chooses, the Contractor's work.
CONTRACTOR: CITY OF MCCALL
By: ~ibk .,!Jkd
Robert S. Giles, Mayor
Dated: 41WLf 1 l ~OJ()
ATTEST:
INDEPENDENT CONTRACTOR AGREEMENT -5
10. Workman 's C ompensation. It is fully understood by Conttactor that Workman's
Compensation will not be provided by the City of McCall. As a condition of this Agreement,
Contractor shall be required to provide the City of McCall with proof of Contractor's coverage under
Workman 's Compensation insurance , which coverage shall be at Contractor 's own cost and expense.
In addition, Contractor may secure, at Contractor's own cost and expense, such other income
protection, health or accident insurance or other incidences of employment security as Contractor
desires .
11. Relationship of Parties. The parties intend that an independent contractorrelationship
be created by .this Agreement. The City of McCall is interested in the results to be achieved by the
Contractor therefore , the City of McCall shall have the right to examine , from time to time if it so
chooses , the Contractor's work.
CONTRACTOR:
~--
CASEY O'LEARY
Dated: 5/2-/ 2.D
CITY OF MCCALL
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INDEPENDENT C ONTR ACTOR AGR EEM ENT -5