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756-Goode Laisure "" '""' CO N-- 7% CITY OF SANFORD INDEPENDENT CONTRACTOR SERVICES SHARON GOODE-LAISURE This Agreement is made and entered into this 23 day of April, 1999, by and belween Cily of Sanford, a Cily and polfiical subdivision of The State of Florida, hereafter referred to as "Ci1'¢' and Sharon Goode-Laisure, hereinaffer referred to as "Laisure~. WITNESSETH: WHEREAS, the Cily may desire to retain Laisure from time to time to render professional services pertaining to Adminislfative SenAces and such other professional services as may be assigned to Laisure upon terms and condilions hereinafter set torlh; and Laisure is desirous of obtaining such consulling work and performing such senAces upon said terms and conditions, NOW, THEREFORE, in considerallon of the mutual covenants and agreements hereina~er contained, it is agreed by and belween the parlies hereto as follows: 1. Tasks Assigned. Laisure shall work on the projects and tasks on a work order basis. A work order will be authorized by fne City Manag~ and attached hereto as Work Order #1 and shall diligenlly and professionally endeavor to accomplish the work and bring it to fruition. 2. Non-Cil]l Work. From the date hereof, Laisure may pursue other work and professional seNices and may enter into other contTactual, employment, or partnership arrangements so long as such work and arrangements do not direclly conflict with the tasks and projects identified in Work Order No. 1 and so long as she meets the lime requirements of paragraph 3 below. 3, In performing her conlTactual senAces, Laisure shall comply with the following: a. No fewer than 10 [ten] hours per weak shall be spent by Laisure working on the tasks listed in Work Order No. 1; b. Laisure shall deliver to the City Manager no later than 5:00 p.m. on even/ Friday, starting on Friday, April 23, 1999, a wrilten summan/of the status of each tasks in Work Order No. 1 and a report of the progress made since the last status report. 4. EffectAle April ?~ , 1999, Laisure shall diligently and timely perform services pertaining to W0 :Lrk 0 T[18 Z' #1 , but only a~ a consultant, not as an employea. As individual projects are generated by the Cily, a detailed scope ] of work will be prepared for each project and furnished to Laisure. 5. Payment. The City will pay to Laisure for duly authorized services performed by Laisure as follows: a. For services performed, a fee based on an hourly rate will be agreed upon. b. In consideration for 1he services provided by the Conffactar, ConlTactor shall be paid by the Cily an hourly rate of remuneration of $100.00 per hour on a bi-weekly basis not to exceed $4,000 in total remuneration. Laisure will submit to the City an invoice for services rendered. The City will provide no benefits and will not withhold taxes. Instead, Conffactor will receive a form 1099 at the end of the year and would be responsible for paying FICA and Federal income Taxes. c. In the event this Conffact is l~erminated or canceled prior to completion of any project in progress, payments shall be made in accordance with the provisions of paragraph 9. d. Laisure shall, upon requiring the se~ces of various consultants, be responsible for the integralion of all consultants' work into the documents and for all payments to such consultants out of the fee agreed ta. Se~ces rendered by Laisure in connection with the coordinafion of any such consultants or other personnel sen/ices shall be considered within the scope of the basic conffact and no additional fee will be due Laisure for such work. e. All travel charges shall not exceed the limits set by Florida law for public employees and officials, 6. C/ty's Rights and Responsibilities. The City shall a, Furnish Laisure with existing data, plans, profiles, documents, and other information necessary or useful in connection with the performance of Laisure's work that is available in the Cily's file, all of which shall be and remain the probedy of the City and shall be returned to the City upon completion of the services to be performed by Laisure. b. Make City personnel available on a time-permi111ng basis, where required and necessary, to assist Laisure. The availability and necessity and said personnel to assist Laisure shall be determined solely within the discretion of the City. c. Be enlfiled, upon request and without additional cost, to any documents as requested by the City for any project on which Laisure is working. 7. Cify's Designated RepresentatAze. The City Manager or his designee, in wrifing, shall represent the City in all lechnical mafiers perfaining to and arising from the work and performance of this Contract. The designated representatives shall have the following responsibilities: a. Examination of all repoffs, estimates, proposals, and oTher documents presented by Laisure and rendering, in writing, decisions indicaling The Cily approval ar disapproval wilhin a reasonable time so as not to materially delay the work of Laisure. b, Transmission of instructions, receipt of information, and interpretation and definition of the City policies and decisions with respect to materials and other maffers pertinent to the work covered by This ConlTact. c. Giving prompt written notice to Laisure whenever the City observes, or othen/vise becomes aware of any defects or changes necessan/in a project. 8. Term of Contract. The term of This Contract shall be for an amount of renumeration not to exceed $4,000. 9. Termination of Contract. A. For cause, if,' 1. a] Adequate progress on any project is not being made by Laisure. b] The quality of work submitted by Laisure is considered to be unacceptable, and that padicular work involved is considered by the City to be essenllal to The proper completion of a project, then, the Cily's designated representative shall send a certified letter requesting that Laisure show cause why the ConlTact should not be terminated. If adequate assurances are not given to the City within ten [10] days of the issuance of such show cause notice, The City may consider Laisure to be in default, and may immediately terminate this Contract. 2. The City also may immediately cancel this ConlTact if either; a] Laisure or any employee or agent of Laisure is indicted or has a direct information issue against him for any cdme adsing out of ar in conjunction wilh any work that has been performed by Laisure. b] Laisure becomes involved in either voluntan/or involuntan/ bankruptcy proceedings, or makes an assignment for The benefit of creditors. 3 'e. lnS!D~ ~0 IOAOJddO ue~.u~ ~not~..b~, JeUUDtU .&UD U! pe!~!potu eJo/teuJ. J! o~op Jo s;uetunoop p!os jo/g,!O eq¢ Aq esn l, uo Jo~ elqo!l eq ~.ou Iioqs ejns!D~ 'eJns!D'l o~ ~,uetu/tod Iou~ oJ, ~o!Jd A~!O e~ ~o/q~edojd e~ euuooeq llotls puo 'o~. peJeA!lep eq Ilotts ~epuneJeLt seo~es ~! tll4AA. uo.u, oeuuoo u! eJns!o~/tq peu!oJ, qo Jo pejodeJd o~,op Je~o 11o puo 's~.ueuunoop IP P~ peejeo puo poo4.sJepun s! ~,1 · s~uetunooO ~o d!qsJeuA40 '0 ~ 'J, OD~-UOO e~ ~o uo.q. olleouoo Jo uo.u, ou!ttueJ, LIons Jo euu.~ euJ. oJ, dn peJ, elduuoo ~o~ lID ~o ~,!~eueq e~ eNoq liDUs ~!0 ell1 'ssejeojd u! s! Jo pe4.elduuoo ueeq soq ~ueuunoop qons uo ~l~oN, cup, Je~eu/w Jo sselp~oeeJ 'J, oo~uoO s!q~ ~epun seo~es ~! eu!utuoj~ed u! e~ns!o? Aq pe~ode~d ~o peu!oJ, qo ueeq eAoq 4D~ e4uetunoop puo oJ, op Je~o puo 'suo.Lpoo~J!oeds 'SUDId 'SeU!~O~p 'spode~ IIo ~!O e~ o~, elqoI!oAo e~loua es.b~eu~o ~o ~aA!leO [q 'esWde~o sep.LAo~d eo,u, ou e~ ssalun ~t~ON, ~eulfo puo seo.~es IIo enu.q. uoos!p/~duuo~cl (o ,'lloqs e~ns!o'1 'uo.u, ou!utue~- Jo eo~ou Jo 4.d!eoe~ uodR ' L 'UO!,~DU!LUJel Z~U!A4011o:t uo!,~oV "0 ':~OA~ ~e~o ~o seo~es peuujo>uedun uo ~,go~d peJ, od!o.~uo ~oJ pe~Aollo eq ~,unouuo Auo IlOqS esoo ou ul 'e~ns!o? Aq Auo o4. enp/4!O etl,t Aq peanou! eq o4, s~soo Iouo.u, ippo Auo J, unoooo o4-u] e)lo~. o~. peJ, snfpo eq Aouu J, ueuuAod etp, pup 'S4SOO elqo/v, ollo s,e~ns!o'1 puo uo.~ou!u. ue4. ,~o eo~ou Jo e~op eq4- ~o so uo~elduuoo jo eeo~,ueo~ed eq~ o~, ueA!e eq of uo.q.o~ep!suoo ~ 'uo.u,o.~oeeu Aq 4o peA.LUO eq II~ 4.uetuADd 'uo.q. elduuoo Iou.u, o,t Jopd peleouoo Jo pe,tou!tu~eJ, s! J, OD~UOO S!q-L ~epun ~OA~ AUD pU~ J, ueAe eq,t ul 'L · ,zuetu/~d '0 'e~,ou!utue4. o~. ~,ue~,u! s, aJns!o? ,[o/u,!0 e~ o, ueA!e s! eo~ou ue44..u~ ~o!~d s~lee~A [~] ok,~. pu~ pep.LAojd esnoo ,tnoq~.~ ,oo~uoO eup, e~ou!u.ue4. o,t ~qe.u eup, eAoq I]Oqs es~e~t!l e~ns!o? 'e~ou!tu~e~ o~. ~.ueJ, u! s,/g,!O eu~ Jo e~ns!o'1 ueA!e s! eo.upu ue4~!~ ~o.ud s~lee~ [~] o~ pu~ pep.~o.d 'esnoo po~,uoO S!LIL epu!u. ueJ, o~. euu.u, Auo 4o ~.qe.u e~ eAOq IIOqS ~!O eql ' L 'esnoO ,~no~4~!A4 '~] 'se~,ru, o~.S op!~olJ eu~ Jo uo!s.LAo~d ~,seJe,tu! ~o p!l~uoo elqoo!lddo Auo seplo.~ e~ns!o-/ (o 11. Responsibilities of L aisure. 1. Laisure may sublet, assign or ITanster any services under 1his Contract wilh 1he wdtten consent of 1he Cily, 2. All final plans and documents prepared must bear the endorsement of Laisure. 12. Standards of Conduct. 1. Laisure warrants that she has not employed or retained any company or person, other than a bona fide employee working solely for Laisure to solicit or secure this Contract and that she has not paid or agreed to pay any person, company, corporalion, individual or firm other than a bona fide employee working solely for Laisure any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting fTom the award or making of this Contract. 2. Laisure shall comply with all federal, state and local laws and ordinances applicable to 1he work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Contract. 3. Laisure hereby cedifies that no undisclosed conflict of interest exists with respect to the present contract, including any confficts that may be due to representation of other clients, other contractual relationships of Laisure, or any interest in proberly which Laisure may have. Laisure furlher certifies that any apparent conflict of interest that adses during the term af this Contract will be immediately disclosed in writing to the Cily. Violation of this section will be considered as justification for immediate termination of this Contract under the provisions of paragraph 9. 4. This agreement creates a relationship in which the Cily reposes special trust and confidence in Laisure, her knowledge, abilities, and expertise. Accordingly, dudng the life of this Contract or any extension thereof, and for a pedod of one year from the date of completion of any task assigned hereunder, whichever may last occur, other than under contractual arrangements with the Cily, Laisure shall not in any capacily assist in or tender any services on any issue in which the City of Sanford is a litigant, 13. Assignabilfiy, This is a contract for edministrallve seMces. Accordingly, Laisure shall not assign any interest in this Contract, and shall not transfer any interest in the same, without pdor ~NTitten approval of the Cily, provided that claims for the money due or to become due to Laisure from the Cily under this Contract may be assigned to a bank, trust company, or financial institution without such approval. Notice of any such 5 assignment or ITansfer shall be furnished promptly to the City. 14. Independent Contractor Status. Laisure is an independent contractor and is not an employee, servant, agent, partner or joint venturer of the City. 1he City shall determine the work to be done by Laisure, but Laisure shall determine the legal means by which she accomplishes the work specified by the Cily. 1he City is not responsible for withholding, and shall not withhold, FICA, or taxes of any kind from any payments which is owed Laisure. Neither Laisure nor her employees shall be entitled to receive any benefits which employees of the City are entitled to receive and shall not be entitled to worker's compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit shadng or social secudty on account of her work for the City. 15. Civil Rights, Laisure shall not discriminate against any person on account of race, color, sex, age, religion, ancestry, national odgin, handicap or marital status in the performance of this Contract. 16. Prior Agreements. All prior agreements belween the parties hereto are hereby rescinded and of no furlher force and effect, and any claims arising thereunder against either party are deemed waived by the other. 17. Insurance. Laisure shall furnish the City with current certificates of coverage of Laisure and praof of payment by Laisure for medical coverage arising aut of illness or injup/while away from her work or arising within the scope of her employment, motor vehicle insurance and such other insurance as City may require from time to time. Laisure shall maintain all such insurance coverage and shall furnish the City with the certificates of renewal coverage and proofs of premium payments. If Laisure fails to pay a premium for insurance required by this paragraph before it becomes due, the City may pay the premium and deduct the amount paid from any payments due Laisure and recover the balance from Laisure direcity. 18. Risk. Laisure shall perform the work at her own risk. Laisure assumes all responsibility for the condition of tools, equipment, matedal and job site. Laisure shall indemnify and hold the Cily harmless from any claim, demand, loss, liability, damage or expense arising in any way from Laisure's wod~. Laisure agrees to fully exonerate, indemnify and hold the Cily harmless from and against all claims or actions and all expenses and costs, including attorneys fees, incidental to the defense of any such claims or actions based upon or arising out of damage or injuR/. including death, to any person or praperty caused by or sustained in connection with the performance of this Agreement, and by acridirons areafed fnereby, and if requested by Oily, to assume, without expenses or costs to Oily, the defense of any such claims or actions. 19. Low. This agru~,ment shall IDa governed and oonstrued in accordance with Florida law. 20. Non-Waiver. The failure of either parly 1o this Agreement to exercise any of their rights under this Agreement at any time does not constitute a breach thereof and shall not be deemed to be a waiver of any subsequent breach. 21. No Authorif]/ to Bind Cily, The independent conlTactor has no authodly to enter into contracts or agreements on behalf of the Cily. This Agreement does not create a perinership belween the partes. 22. Notices. Any notice given in connecllon with this Agreement shall be given in writing and delivered to the party by either hand deliveR/or certified mail, return receipt requested. Any parly may change his address from that which is stated herein by giving notice of the change in accordance with this paragraph. CIIY OF SANFORD, FLORIDA Print Name: By: Date: 7 CITY OF SANFORD WORK ORDER Scope of Work For Administrative Services Work Order .o.) : VEHICLE MANAGEMENT Review current vehicle assignments for all departments and develop recommendations for: : - number of vehicles assigned (i.e., need for each department) - - lease versus purchase (cost and maintenance factors) : : ~ : - multi-year capital programming procedures Recommendation report will include cost savings if any and policy changes needed. Report will be presented to City Commission at a work session. CELL PHONE/PAGER MANAGEMENT Review cell phones and pagers assigned to each department and develop recommendations for: : : : : ~ - number assigned (i.e., need for each department) : ~ :~ ~ ~ - benefits if any of going to a flat rate per employee Recommendation report will include cost savings if any and policy changes needed. Report will be presented to City Commission at a work session. City Maage~r' ' ~ Date