2008-03AGREEMENT
THIS AGREEMENT made this ~'~ day of ~e-- ~ , 2008 by and between Cit_y of Clermont, 400
12`'' Street, Clermont, FL 34711_ hereinafter called "Third Party Administrator" and Marvin Dale
Cowart P.O. Box 61, Davenport, FL 33836 doing business as an individual hereinafter called "Certified
State of Florida Third Party Tester for Commercial Driving Licenses".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
Article 1: The Certified State of Florida Third Party Tester for Commercial Driving Licenses will
provide commercial driving testing at the City of Clermont, Public Services Department located at 400
12`h Street, Clermont, FL 34711.
Article 2: The Certified State of Florida Third Party Tester for Commercial Driving Licenses will
furnish all testing documents and the Third Party Administrator will provide driving course layout,
cones, barricades and other necessary equipment needed for the driving course layout.
Article 3: Preston Davis of Third Part Administrator, shall serve as the Third Party Administrators
Agency Official as referred to herein. In the event the Third Party Administrator selects a new
individual to serve in this capacity, it shall notify Marvin Dale.
Article 4: The Third Party Administrators Agency Official will provide locked storage for documents
required by the Department of Highway Safety and Motor vehicles. Only the Third Party
Administrators Agency Official and the Certified State of Florida Third Party Tester for
Commercial Driving Licenses will have access to the locked storage.
Article 5: The Certified State of Florida Third Party Tester for Commercial Driving Licenses agrees
to perform commercial driving license testing at a cost of One Hundred Fifty and 00 Dollars ($150.00
per City of Clermont employee.
Article 6: The Certified State of Florida Third Party Tester for Commercial Driving Licenses with
justification can request testing costs increase, however any such increase will require a written
amendment to this Agreement, executed by both parties.
Article 7: Any local government agency may use the Third Party Administrators testing facility if the
Certified State of Florida Third Party Tester for Commercial Driving Licenses and the Third Party
Administrator agree in writing.
Article 8: This agreement may be terminated by the Third Party Administrator or the Certified State
of Florida Third Party Tester for Commercial Driving Licenses by issuing a written thirty (30) day
notice.
Article 9: Certified State of Florida Third Party Tester for Commercial Driving Licenses
understands this Agreement is subject to certain laws and regulations, including, but not limited to, laws
pertaining to public records. Certified State of Florida Third Party Tester for Commercial Driving
Licenses agrees to comply with and observe all applicable federal, state and local laws, rules, regulations,
codes and ordinances, as they may be amended from time to time.
Article 10: Certified State of Florida Third Party Tester for Commercial Driving Licenses does
hereby agree to indemnify and hold harmless Third Party Administrator, its officers, employees and
agents, from any and all damages, of any kind, including attorney fees that may result from any action,
inaction or negligence of Certified State of Florida Third Party Tester for Commercial Driving
Licenses.
Article 11: The parties agree that at all times and for all purposes within the scope of this Agreement, the
relationship of Certified State of Florida Third Party Tester for Commercial Driving Licenses and
Third Party Administrator is that of an independent contractor.
Article 12: Miscellaneous.
a. Amendment. Except for as otherwise provided herein, this Agreement may not be modified
or amended except by an Agreement in writing signed by both parties.
b. Entire AQreernent. This Agreement including the documents incorporated by reference
contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous
agreements between the parties with respect to the performance of services by Consultant.
c. Assignment. This Agreement is personal to the parties hereto and may not be assigned
without the prior written consent of the non-assigning party.
d. Venue. The parties agree that the sole and exclusive venue for any cause of action arising
out of this Agreement shall be Lake County, Florida.
e. Applicable Law. This Agreement and any amendments hereto are executed and delivered in
the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of
the State of Florida.
Article 13: This agreement shall be binding upon all parties, but shall not provide or create any rights,
entitlements or causes of action in any third party. .
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in 4 (No. of copies), each of which shall be deemed an original on the
date first written above.
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OWNER: City of Clermont
400 12"' Street
4711
NAME: Hal Turville
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TITLE: Mayor
(SEAL) ,1
ATTEST: ~ - ~
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NAME: Tracy A kroyd
TITLE: City Clerk
TESTER:~~%~U~~ ,~~
BY:
NAME: /Udy4ie rlU 7 ni!/19 0~ r
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TITLE:TI~I~'1e D ,9t~~y ~~ST~~
(SEAL)
ATTEST:
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TITLE: Ct i~.~