2001-13
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ÆIASC~
INDEPENDENT CONTRACTOR AGREEMENT
AGREEMENT made and entered into this ( 1st) day of ( September, 2001 ), by and
( City of Clermont) (hereinafter called Public Entity Client) and lASC PE Consulting (hereinafter
called "Contractor"). WHEREAS, the Public Entity Client requires pre-arranged services for specific
purposes, and; WHEREAS, the Contractor has the ability to provide said services on an "as needed" basis,
and:
NOW THEREFORE, in consideration of the mutual promises herein exchanged, as well as the sum of
$1,500 one time set up fee, and a $750lMonth Flat Fee there after (fotal12 month contract $10,500)
to be paid by the Public Entity Client to the Contractor, the Public Entity Client and the Contractor,
pursuant to the following terms and conditions, have agreed to the following:
Section I - Scope of Services: Contractor agrees to render services for the Public Entity Client as
Follows:
Safety Loss Control Consulting and Training Per Proposal Issued May 11 th, 2001, and further
described in Attachment A. Senrices shall include 16 hours on location, plus 16 hours off premises
on behalf of Public Entity Client.
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Contractor agrees to render said services for the Public Entity Client during the term of this agreement, (or
renewal at the request of the Public Entity Client as agreed by amendment).
Section II - Provision for Additional Services
This contract shall provide for, and apply to any additional services requested by the Public Entity Client
of the Contractor, during the current term. Additional Services must be requested and pre-approved by the
Public Entity Client. Fees for such additional services shall be negotiated at the time of the request.
Section III - Independent Contractor Relationship (Non-employee): The Contractor shall be deemed
an Independent Contractor and is not an employee, 'partner, agent, or engaged in a joint venture with
Public Entity Client. The Contractor will provide its own transportation ~dIor facilities to be used to
cårry out the occasional Public Entity Client requested service assignments. The Contractor further
acknowledges that he/she shall not be entitled to any fringe benefits, pension, retirement, profit sharing,
workers compensation benefits or any other benefits accruing to employees of the Public Entity Client.
The Independent Contractor shall be responsible for the expense of any additional personnel hired by
independent contractor to perform its services and further shall be responsible for maintaining
communication with the Public Entity Client via telephone, mobile phone, facsimile, e-mail or two-way
radio.
Section IV - Timely Payment for Services: Provided Contractor renders services in accordance with
this agreement, Public Entity Client shall pay to Contractor, fees for services performed in a manner
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hereunder: Contractor shall invoice and provide a detail of services to the Public Entity Client for the
services provided at a rate agreed to by the Public Entity Client and accepted by the Contractor prior to
performance of said services, and Public Entity Client shall remit to Contractor, payment within 30
business days of receipt of verification of services rendered and billed to ~ublic Entity Client.
Section V - Breach of Contract: The Contractor and its principals agree to pay the Public Entity Client
as agreed upon and any damages for any breach or threatened breach by Contractor or its principals, which
sum the parties agree shall be in addition to and not a limitation of, any of the rights or remedies to which
the Public Entity Client is or may be entitled to, whether at law or in equity, including an action for
injunctive relief. This agreement and all matters or issues collateral thereto shall be governed by the laws
of the state of Florida (venue Lake County), applicable to contracts performed entirely therein. The
Public Entity Client and its principals agree to pay the Contractor as agreed upon and any damages for any
breach or threatened breach by The Public Entity Client or its principals, which sum the parties agree shall
be in addition to and not a limitation of, any of the rights or remedies to which the Contractor is or may be
entitled to, whether at law or in equity, including an action for injunctive relief. In the event it becomes
necessary to enforce this Agreement, with or without litigation, the prevailing party shall be entitled to
recover all costs incurred including reasonable attorney's fees.
Section VI - Cooperation, Release of Information and Tendering of Documents: Public Entity agrees
to expend reasonable resources, at no cost to The Contractor, to provide all/any infonnation necessary to
for the performance of services herein described. Contractor will not do anything to impede the full
performance of any of the Public Entity Client's obligations under this agreement. Public Entity Client
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will not do anything to impede the full performance of any of the Contractor's obligations under this
agreement.
Section VII - Ownership, Confidentiality, and Approved Distribution of Information: The
ownership and confidentiality of information owned by both parties to this contract shall be preserved at
all times. Approval to release information shall be implied, whether public domain or private, but only as
respects information reasonably related to the performance of services described in this contract.
Section VIII - Loss or Destruction of Property: As respects documents, in the event Public Entity
Client or Contractor loses or destroys documents owned and/or distributed by other party, party at fault
shall reimburse other party within 30 days the cost to replace such documents. As respects safety videos,
in the event Public Entity Client loses or destroys videos owned and/or distributed by Contractor, Public
Entity Client shall reimburse the Contractor within 30 days the cost ofvideo(s), plus shipping charges and
a $25.00 administration fee.
Section IX - Liability and Insurance: Contractor shall secure, maintain and provide evidence of
General Liability insurance $1,000,000, Professional Liability insurance $1,000,000 and Workers
Compensation insurance.
General: Contractor shall also protect and hold harmless Public Entity Client for all/any liabilities, found
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to be substantially the responsibility of the Contractor, arising out of and/or reasonably related to the
services agreed to under this contract and provided by the Contractor.
Safety Program Management and Regulatory Compliance:
It is the intent of the Contractor to enhance and/or revitalize existing, or implement non-existing safety
programs on behalf of the Public Entity Client. Reduction or avoidance of injury to any party or loss of or
damage to the property of any party is in no way implied or guaranteed. Contractor assumes no liability
for information contained or interpreted in shared documents or videos, or commercially produced written
documents or videos.
Section X - Entirety of Contract: This agreement contains the entire understanding of the parties
relating to the subject matter herein contained, and this agreement cannot be changed or terminated orally.
Section XI - Term and Cancellation Provision: This agreement shall remain in effect for a period of
not more than (12 MONTHS) and can be renewed on or before (September 1st, 2002). Prior to end of
term, and during any renewed term, either party may cancel this contract for any reason by giving 30 days
written notice to the other party. Fees shall be prorated for unpaid billing periods of less than 30 days.
The parties hereto indicate their acknowledgment and consent to the terms of this agreement by
signing as indicated below.
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By:
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PUBLIC ENTITY CLIENT
Signature:
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Name:
'-I-Iarold S. ~>ville I Jr.
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Title:
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Date:
By: CONTRACTOR
Signature:
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Name:
¡tv,',," IJ1. /f{~j "I?
. Title:
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Date:
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Attachment A
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