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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 1 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 2 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 3 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: f C6,_ c SIGNATURE OF WITN SS Printed Name: la re �l'aVIL„ Jan_a_ *TA SIGNATURE O WITNES Printed Name: --ra Ca. P . )-1-0C to n 4 CITY OF CRESTVIEW, FLORIDA, a municipal corporation BY: DAVID CADLE Its Mayor (CITY) (CONTRACTOR)