HomeMy Public PortalAboutInformation Technology Contract for Services Stan JonesCONTRACTED SERVICES AGREEMENT
THIS AGREEMENT, entered into this / day of KJ-C.40-64u , 2011, by and
between the CITY OF CRESTVIEW, FLORIDA (herein referred to as City), and STAN A
JONES ( herein referred to as Contractor).
1. PURPOSE. The purpose of this agreement is to establish the terms and
conditions under which Contractor shall provide information technology services to the City.
2. TERM. The term of this agreement shall begin on October 1, 2011,
and shall terminate September 30, 2014, unless sooner terminated as hereinafter provided.
3. RESPONSIBILITIES OF CONTRACTOR:
(a) Delivery of Services. Contractor shall provide the services of an
Information Technology Specialist to the City and any other duties associated with information
technology services for the City as directed by the City.
(b) License. Contractor represents and warrants that he is fully
qualified to perform the information technology services and has all licenses required by law.
(c) Indemnification. Contractor shall indemnify and hold
harmless the City, its officers, agents and employees from and against and any all liability or
claims for damages of any kind resulting from negligent acts, intentional acts, or failure to act on
the part of Contractor in providing services pursuant to this agreement. To secure this
indemnification agreement, Contractor shall carry comprehensive general liability insurance with
minimum coverage of $300,000.00 during the term of this agreement.
(d) Confidentiality. Contractor agrees during or after the term of
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this employment, not to reveal confidential information, or trade secrets to any person, firm,
corporation, or entity. Should Contractor reveal or threaten to reveal this information, the City
shall be entitled to an injunction restraining Contractor from disclosing same, or from rendering
any services to any entity to whom said information has been or is threatened to be disclosed, the
right to secure an injunction is not exclusive, and the City may pursue any other remedies it has
against Contractor for a breach or threatened breach of this condition, including the recovery of
damages from Contractor.
4. COMPENSATION: The City shall pay Contractor Fifty Dollars ($50.00)
per hour for the time Contractor works providing services under this agreement. Contractor shall
work thirty-two (32) hours per week performing services under this agreement during the hours
from 8:00 a.m. to 5:00 p.m. on Monday through Friday of each week during the term of this
agreement. If the City requests Contractor to work more than thirty-two (32) hours per week, it
will pay him Fifty Dollars ($50.00) per hour for such additional work. Contractor shall not work
more than thirty-two (32) hours per week unless requested to do so by City. The Contractor shall
be paid once a week on Thursday of each week.
5. VACATION: Contractor shall be allowed to take unpaid time off from
providing services under this agreement for a period of time not to exceed two (2) weeks or
sixty-four (64) hours each year during the term of this agreement.
6. REIMBURSEMENT OF EXPENSES: Any reasonable expenses
incurred by Contractor in performing the services provided herein shall be reimbursed to
Contractor, providing the expenses are approved in advance by the City.
7. MODIFICATION. This agreement can only be modified upon the
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written consent of the parties hereto.
8. RELATIONSHIP OF PARTIES. This agreement does not
create any employer -employee relationship between the parties nor is the Contractor to be
considered an agent or employee of the City for any purpose whatsoever. Other than the hourly
compensation to be paid by the City to the Contractor hereunder, the Contractor is not entitled to
and, shall make no claim for, any other benefits or compensation that an employee of the City
might be entitled to receive. City will not withhold any income taxes or social security taxes
from the payments to Contractor since he is an independent contractor, will not pay any portion
of Contractor's Social Security taxes, and will not provide retirement benefits, insurance of any
kind or any other benefits of any kind to Contractor because he is an independent contractor. The
Contractor is considered to be delivering a contracted service under this agreement.
9. WORKERS COMPENSATION INSURANCE: Contractor agrees
he is an independent contractor contracting to provide services to the City and is not an employee
of the City and will not be covered by the City's workers compensation insurance. If Contractor
is required by law to have workers compensation insurance, he will keep such insurance in effect
during the term of this agreement.
10. TERMINATION. This agreement may be terminated by either party
with or without cause upon forty-five (45) days written notice to the other. In the event that the
City should terminate this agreement prior to its expiration, it shall be liable for payment of only
the specific hourly rate for any hours worked by the Contractor through the date of termination.
11. SETTLEMENT OF DISPUTES. Any dispute arising out of this
agreement that cannot be settled by the parties, shall be settled by litigation in a state court of
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proper jurisdiction in Okaloosa County, Florida.
THIS AGREEMENT entered into and made effective as of the date first above
written.
ATTEST:
PATRICIA BEEBE
Deputy City Clerk
WITNESSES AS TO EXECUTION
BY CTRACTOR:
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SIGNATURE OF WITN SS
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SIGNATURE O WITNES
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CITY OF CRESTVIEW, FLORIDA,
a municipal corporation
BY:
DAVID CADLE
Its Mayor
(CITY)
(CONTRACTOR)