1166* Ferrell, Michelle, Farmers Marketlfb6 *
"PIT,
DOCUMENT APPROVAL,
Contract/Agreement Name: Michelle Ferrell Farmers Market Coordinator
Approval:
Department Director Date
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Finance it ctor
ity Attorney
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Date
3.0
__/2_, Date
#66 *
INDEPENDENT CONTRACTOR AGREEMENT
RELATIVE TO FARMERS MAR
THIS AGREEMENT, made and entered into this 6` day of GLvgar , 20 (D, by
and between the City of Sanford, a Florida municipal corporation, hereinafter referred to
as "the City" and Michelle Mears Ferrell, hereinafter referred to as "Ferrell'.
WITNESSETH:
WHEREAS, the City is desirous of engaging the services of an independent
contractor for a definite length of time to accomplish the following at the Farmers
Market site located within the City Limits of the City except as specifically set forth
herein:
a. Communication (including, but not limited to, in person meetings)
with vendors,
b. Recruitment and selection of vendors for the Farmers Market,
C. Enforcement of market rules and conditions,
d. Collection of fees from vendors and remittance to City,
e. Design, printing and distribution of flyers publicizing the Farmers
Market,
f. Publicizing the Farmers Market through internet and other means, as
well as acting as spokesperson for the Farmers Market in media
interviews,
g. Supervising of the Farmers Market including, but not limited to,
setup and takedown during the scheduled times, responding to concerns
expressed by vendors and customers and acting as liaison with City
employees and contractors to resolve problem situations,
h. Coordination of Farmers Market logistics including, but not limited to,
ordering of tables, tents, tablecloths, signs etc., as well as coordination
with City staff and contractors, and
i. Maintaining the Farmers Market internet site if so directed
; and
WHEREAS, Ferrell wishes to engage the City in order to perform the duties and
responsibilities of coordinator of facilities and activities occurring at the Farmers Market
in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS, the City is desirous of engaging the services of an independent
contractor for a definite length of time to accomplish the scope of services set forth
herein except as specifically set forth herein; and
WHEREAS, Ferrell wishes to engage the City in order to perform the duties and
responsibilities necessary to accomplish the scope of services set forth herein except as
specifically set forth herein in accordance with the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, in consideration of these premises and of good and
sufficient consideration, the receipt and adequacy of which is hereby acknowledged, the
parties do hereby covenant and agree to the following:
SECTION 1. This Agreement supersedes and revokes all prior
agreements between the parties whether oral or written.
SECTION 2. The City hereby agrees to engage Ferrell and Ferrell agrees
to provide services to the City as the coordinator of facilities and activities occurring at
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the Farmers Market and to accomplish the following actions and activities:
a. Communication (including, but not limited to, in person meetings)
with vendors,
b. Recruitment and selection of vendors for the Farmers Market,
C. Enforcement of market rules and conditions,
d. Collection of fees from vendors and remittance to City,
e. Design, printing and distribution of flyers publicizing the Farmers
Market,
f. Publicizing the Farmers Market through internet and other means, as
well as acting as spokesperson for the Farmers Market in media
interviews,
g. Supervising of the Farmers Market including, but not limited to,
setup and takedown during the scheduled times, responding to concerns
expressed by vendors and customers and acting as liaison with City
employees and contractors to resolve problem situations,
h. Coordination of Farmers Market logistics including, but not limited to,
ordering of tables, tents, tablecloths, signs etc., as well as coordination
with City staff and contractors, and
i. Maintaining the Farmers Market internet site if so directed by the City.
The Agreement shall be in effect from the date of execution of this Agreement and will
terminate at the discretion of the City.
SECTION 3. The parties agree that the duties and responsibilities of
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Ferrell may be modified from time -to -time as determined and directed by the City.
Notwithstanding any change, the engagement of Ferrell shall be construed as
continuing under the terms of this Agreement, as modified. Any changes to this
Agreement shall be in writing and signed by both parties, but the City may unilaterally
direct Ferrell as to how it desires that functions and activities at the Farmers Market be
accomplished in the best interests of the City by the City articulating the needs of the
City to Ferrell in a written notice as set forth in this Agreement.
SECTION 4. In consideration for the services provided by Ferrell, the City
will pay Ferrell, at the end of each month, the gross amount of One Thousand Fifty and
00 /100ths Dollars ($1,050.00). Ferrell agrees that she is an independent contractor of
the City and is not subject to the Fair Labor Standards Act, or any other law of similar
applicability or effect, and will not be entitled to any payments other than those
specifically set forth herein.
SECTION 5. Ferrell shall not be entitled to receive, nor receive,
employment benefits available to City employees such as, by way of example only and
not a limitation, sick leave, medical and dental insurance, life insurance, paid vacations,
paid holidays, deferred compensation, or profit sharing on account of her work for the
City. The City shall not deduct FICA and Federal withholding taxes or provide any
benefits of employment. The City shall issue Ferrell an IRS Form 1099 at appropriate
times.
SECTION 6. Ferrell agrees to devote adequate productive time, ability
and attention to the business of the City during the term of this Agreement in order to
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fully accomplish her duties and responsibilities. Ferrell shall not directly or indirectly
render any services of a business, commercial or professional nature to any other
person or organization, whether for compensation or otherwise, without the prior written
consent of the City at or related to the Farmers Market.
SECTION 7. Ferrell agrees to abide by and comply with all State and
Federal statutes, laws, rules and regulations and all City ordinances, rules, regulations,
policies and procedures of the City during the term of this Agreement.
SECTION 8. If Ferrell breaches any of the terms of this Agreement or fails
to fully perform her duties and responsibilities, her engagement with the City may be
terminated by the City without notice. Nothing herein shall provide Ferrell with property
rights or interest with regard to her engagement with the City.
SECTION 9. Ferrell has no authority to enter into contracts or agreements
on behalf of the City. This Agreement does not create a partnership between the
parties.
SECTION 10. This Agreement may be terminated by either party for any
reason, as set forth herein, or upon thirty (30) days written notice, provided via U.S.
certified mail, return receipt requested, to the addresses below:
City Manager Michelle Mears Ferrell
City of Sanford 115 Scott Avenue
Post Office Box 1788 Sanford, Florida 32771
Sanford, Florida 32772 -1788
SECTION 11. In the event of the termination of this Agreement, Ferrell
shall be entitled to the compensation earned through to the time of termination,
computed pro rata. Ferrell shall be entitled to no further compensation as of the date of
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officials, employees, or subcontractors. Nothing herein shall be deemed to affect the
rights, privileges, and immunities of the City as set forth in Section 768.28, Florida
Statutes. In claims against any person or entity indemnified under this Section by an
employee of Ferrell or her agents or subcontractors, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, the indemnification
obligation under this Section shall not be limited by a limitation on amount or type of
damages, compensation, or benefits payable by or for Ferrell or her agents or
subcontractors, under Workers Compensation acts, disability benefits acts, or other
employee benefit acts. The execution of this Agreement by Ferrell shall obligate Ferrell
to comply with the indemnification provision in this Agreement. However, Ferrell must
also comply with the provisions of this Agreement relating to insurance coverages.
SECTION 14. Ferrell shall obtain or possess and continuously maintain the
insurance coverage, from a company or companies, with a Best Rating of A- or better,
authorized to do business in the State of Florida and in a form acceptable to the City
and with only such terms and conditions as may be acceptable to the City. Ferrell shall
be deemed to be in default of this Agreement for failure to provide such required
insurance. The insurance policies requiring requisite coverage shall contain a provision
that requires that prior to any changes in the coverage, except increases in aggregate
coverage, thirty (30) days prior notice will be given to the City by submission of a new
Certificate of Insurance.
SECTION 15. Ferrell agrees that she will not discriminate against any
employee or applicant for employment for work under this Agreement because of race,
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color, religion, sex, age, national origin, or disability and will take affirmative steps to
ensure that applicants are employed and employees are treated during employment
without regard to race, color, religion, sex, age, national origin, or disability. This
provision shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their
forms or compensation; and selection for training, including apprenticeship. Ferrell,
moreover, shall comply with all the requirements as imposed by the Americans with
Disability Act, the regulations of the Federal government issued thereunder, and any
and all requirements of Federal or State law related thereto.
SECTION 16. Ferrell shall maintain books, records, documents, time and
costs accounts, and other evidence directly related to its provision or performance of
services under this Agreement. The City reserves the right to unilaterally terminate this
Agreement if Ferrell refuses to allow public access to all documents, papers, letters, or
other materials subject to provisions of Chapter 119, Florida Statutes, and other
applicable law, and made or received by Ferrell in conjunction, in any way, with this
Agreement. Ferrell recognizes that the City may implement pre- audits and post- audits
as it deems appropriate. Ferrell also agrees to ensure coordination of reports and
activities as may be needed by the City to ensure compliance of grants to the City from
outside sources.
SECTION 17. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which, taken
together, shall constitute one and the same document.
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SECTION 18. This Agreement contains all terms and conditions agreed
upon by the parties and supersedes all prior other agreements between the parties. No
other agreement, oral or otherwise, regarding the subject matter of this Agreement shall
be deemed to exist or to bind either of the parties hereto.
IN WITNESS WHEREOF, the undersigned have executed this Agreement the
day and year first above written.
WITNESSES:
Signature
PrinteName
MIC ELLE MEARS FERRELL
Michelle Wars Ferrel
Signature
Printed Name
ATTEST: CITY OF SANFORD
J0 Dougherty, City ClerV Linda Ku n, Mayor
Date: / - m - 0 10
For use and reliance of the Sanford City Commission
only. Approved as to form and legality.
'gym L. Colbert Q(/
amity Attorney
1 i/ `� n
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