SECURITY SERVICES INDEPENDENT CONTRACT



SECURITY SERVICES INDEPENDENT CONTRACT

This contract (the “Contract”) made and entered into this __________ day of __________________, 2004, by and between the JEFFERSON COUNTY HOUSING AUTHORITY (hereinafter, the “JCHA”), and the undersigned individual (hereinafter, the “Security Officer”).

WITNESSETH:

WHEREAS, the JCHA desires that all public housing under its authority be maintained as drug free and crime free facilities;

WHEREAS, the JCHA believes that security services in additional to those currently supplied by public entities are necessary in order to maintain its facilities as drug free and crime free facilities;

WHEREAS, the JCHA has entered into, or plans to enter into, contracts with several qualified individuals to provide security services to its facilities;

WHEREAS, the Security Officer is trained in law enforcement; and

WHEREAS, the JCHA desires to independently contract for security services from the Security Officer and the Security Officer desires to be an independent contractor to provide security service for the JCHA.

AGREEMENT:

NOW, THEREFORE, in consideration of the above premises, the mutual promises, undertakings and agreements contained herein below, and other good and valuable consideration, the receipt

and sufficiency of which is hereby acknowledged, the parties hereto do agree as follows:

1. General Information:

a) Security Officer’s Full Name: First ________________________

Middle: ______________ _______

Last: ________________________

b) Security Officer’s Address: _____________________________

_____________________________

_____________________________

c) Social Security Number: _____________________________

d) Date of Birth: _____________________________

e) Hourly Contract Rate: _____________________________

(Gross rate before taxes or other withholding.)

2. Payroll Taxes: As a convenience to the Security officer, JCHA will withhold all federal and state income taxes, social security taxes, unemployment taxes or any other taxes that might be due as a result of the fees earned by Security Officer for performing services under this Agreement. If the Security Officer does not wish for the JCHA to withhold such taxes, he or she should so indicate by initialing in the space provided below; however, the Security Officer is hereby informed that if no taxes are withheld from fees earned for performing services under this Agreement, the Security Officer is personally liable for such taxes and a statement will be forwarded to the Internal Revenue Service each year indicating that fees were earned, but no taxes were withheld.

(I do not wish for JCHA to withhold any payroll taxes from my fees. I

understand that I will be liable for such taxes and that a statement will

be sent to the Internal Revenue Service indicating the amount of fees I

earned upon which no taxes have been paid.)

________________________

Security Officer’s Initials

3. Representations and Warranties of Security Officer: The Security Officer hereby represents and warrants to JCHA as follows:

a) The Security Officer has been trained in law enforcement as follows (e.g. current or former police officer, sheriff or FBI agent): ________________________________ _____________________________________________________________________

_____________________________________________________________________

b) The Security Officer has never been convicted of a crime except as follows: __________________________________________________________________________________________________________________________________________

c) The Security Officer has no physical or mental disabilities which would limit his or her performance of the duties assumed under this Contract:

d) The Security Officer has a valid and current Alabama Drivers License Number ____________________ and has been charged with no traffic offenses or accidents within the last five (5) years except as follows: ______________________________

____________________________________________________________________

____________________________________________________________________

e) The Security Officer warrants that by acceptance of this contract he is not in violation of any current police department guidelines or regulations to which he is subject by means of other employment.

f) The Security Officer warrants that he is not currently on sick, medical or disability leave from his place of regular employment as a police officer, sheriff, or FBI agent.

4. Security Officer’s Duties: The duties and extent of services provided by the Security officer shall include, without limitation, the following:

a) The Security officer agrees to perform patrols of various JCHA facilities, as identified to the Security Officer from time to time, to enforce all state and local laws and any JCHA rules provided to such Security Officer. If Security Officer is a current sworn police officer, sheriff or other law enforcement professional, Security Officer agrees that he or she shall, at all times, remain part of, subject to and in direct relationship with such police department’s, sheriff’s department’s, or other law enforcements department’s chain of command and under such department’s rules, regulations and standard operating procedures. If the terms of this Contract conflicts with any such rules, regulations and standard operating procedures, such rules, regulations and standard operating procedures shall control to the extent of such conflict.

b) The Security Officer agrees to periodically meet with the other security officers who have executed contracts similar to this contract and are providing security services for the JCHA. The purpose of such meeting shall be (i) for the election, from among the security officers, a liaison to inform the JCHA of the schedule of each security officer and (ii) for discussion of security problems at any JCHA property and submitting a report thereof to the JCHA.

c) The Security Officer agrees to cooperate with other security officers under contract with the JCHA such that there shall be two security officers on duty between the hours of 3:00 P.M. and 12:00 A.M., on, Wednesday, Thursday, Friday and Saturday of each week. The Security Officer further agrees to cooperate with other security officers and the JCHA to accommodate the JCHA in providing security services at such other times as JCHA may request from time to time.

d) The Security Officer agrees to submit a statement to the JCHA on the business day closest to the 15th and the 20th of each month stating the dates and the number of hours the Security Officer performed security services since he or she last submitted a statement. If the JCHA proscribes a form for submission of each time, the Security Officer agrees to use such form.

e) The Security officer agrees that he or she will provide his or her own transportation, communication equipment and weapons (if Security Officer desires a weapon).

5. JCHA Rules and Regulations: In accordance with paragraph 3.a., above, the Security Officer agrees to enforce the following rules of the JCHA:

a) Unauthorized visitors in unoccupied structures of the authority shall be removed.

b) Unauthorized visitors creating disturbance or otherwise interfering with the peaceful enjoyment of lessees on JCHA property shall be removed.

c) Unauthorized visitors destroying, defacing or removing JCHA property shall be removed.

d) “No trespass” notices shall be served and enforced.

e) Vehicles parked in inoperable manner shall be tagged, identified (ID), and towed.

6. Criminal Background Check: The Security Officer hereby grants authority and permission to the JCHA to order a criminal background check of Security Officer to verify information provided herein.

7. Independent Contractor Relationship: The security officer is an independent contractor of the JCHS and is not an employee or agent of the JCHA, notwithstanding the fact that, as a convenience to the Security officer, JCHA may withhold payroll taxes from fees earned by the Security Officer pursuant to this Agreement. This Agreement does not constitute a hiring by either party, nor shall it be construed as one of employment or partnership, and neither party hereto shall be liable for any obligation incurred by the other except as provided elsewhere herein.

8. Term of Contract: This contract is for a term of one (1) year, unless sooner terminated in accordance with paragraph 9, below.

9. Termination: The JCHA may terminate this Contract, with or without cause, upon the provision of ten (10) days written notice to the address specified in paragraph 1 above. Should the Security Officer’s address change during the term of this Contract, the Security Officer shall notify the Executive Director of the JCHA.

10. Suspension of Contract: This contract is automatically suspended for each day that the Security Officer, due to personal illness or injury, is on sick or medical leave from his or her regular employment, until Security Officer returns to his or her place of regular employment. Security officer agrees to submit no time or request contract pay for days in which Security Officer has taken sick, medical or disability leave from his/her regular employment.

11. Miscellaneous:

a) LAW GOVERNING. THIS AGREEMENT SHALL IN ALL RESPECTS BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ALABAMA. THE PARTIES HERETO HEREBY IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, AND HEREBY IRREVOCABLY AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING SHALL BE HEARD AND DETERMINED IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA.

b) TITLES AND CAPTIONS. All section titles or captions contained in this Agreement are for convenience only, and shall not be deemed part of the context nor affect the interpretation of this Agreement.

c) PRONOUNS AND PLURALS. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the person or persons may require.

d) ENTIRE AGREEMENT. This Agreement contains the entire understanding between and among the parties, and supersedes any prior understandings and agreements among them respecting the subject matter of this Agreement. Any amendments to this Agreement must be in writing and signed by party against whom enforcement of that amendment is sought.

e) PRESUMPTION. This Agreement or any Section thereof shall not be construed against any party because said Agreement or said party thereof drafted any Section.

f) FURTHER ACTIONS. The parties thereto shall execute and deliver all documents, provide all information and take or forbear from all such action as may be necessary or appropriate to achieve the purpose of this Agreement.

g) SAVINGS CLAUSE. 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.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals or caused these presents to be executed by their duly authorized representative this __________ day of _________________, 2004.

SECURITY OFFICER JEFFERSON COUNTY HOUSING AUTHORITY

_____________________ ___________________________________________

Benjamin Jenkins, Jr., individual LEWIS D. MCDONALD

EXECUTIVE DIRECTOR

STATE OF ALABAMA:

JEFFERSON COUNTY:

I, _____________________________, hereby certify that ________________________whose name is signed to the foregoing agreement, and who is known to me, acknowledged before me on this day that, being informed of the contents of the agreement, he, as such officer and with full authority, executed the same voluntarily for and as the act of the said Authority.

Given under my hand this __________ day of __________________, 2004.

__________________________________

NOTARY PUBLIC

STATE OF ALABAMA

JEFFERSON COUNTY:

I, _______________________________, hereby certify that LEWIS D. MCDONALD, whose name as Executive Director, is signed to the foregoing agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of the agreement, he, as such officer and with full authority, executed the same voluntarily for and as the act of the said Authority.

Given under my hand this __________ day of ___________________, 2004.

____________________________

NOTARY PUBLIC

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