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R97-202 r ;>0 ~ RESOLUTION NO. R97-,A"t?A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ROLAND, C. LA CROIX; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the workload of the Facilities Management Division is heavy with projects; and WHEREAS, this part-time contractual position is necessary for the on- going operation of the Facilities Management Department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the Mayor and City Clerk to execute an Independent Contractor Agreement between the City of Boynton Beach and Roland C. LaCroix, which Agreement is attached hereto as Exhibit "A". passage. Section 3. That this Resolution shall become effective immediately upon r ~ <If ,;j' '" II I PASSED AND ADOPTED this /b day of December, 1997. CITY OF BOYNTON BEACH, FLORIDA Commissioner \~- /' Commissioner . ATTEST: ~~~~ Cit Clerk " \\\\\ \\ lllli Ilif/ A~\ ' " . 11/; (Corp~xl~~~s<$'/~~ ~ ~ ...:.QORA7'.... ""1 ~ ~ 4. ",o~ <$'0\ S. ~ ::::: ni.a-. ' ~ .... -:::. s:caIRl!soll:a'Crf:2:vCln :::: => i- ;:::: ::::: '"'" \ ~t"\: ::::: ~_~~'\ "\N,,Vl'::: ~..,.... . ~.... ~ ~ ..."., ..' :'r" ~ ~ ,......."1'. '<:)" .~~ ~J;' FLO~ ~\~ 11111llIlln~\\\\'\ \_~ 1'\ 7' / ~-<. {( 'I '/ -;U> I INDEPENDENT CONTRACTOR AGREEMENT THIS INDEPENDENT CONTRACTOR AGREEMENT is entered into this day of 1997, between the CITY OF BOYNTON BEACH (CITY) and ROLAND C. LaCROIX (CONTRACT CbORDINATOR) . . In consideration of th~ mutual terms and conditions, p~omises, covenants, and payments hereinafter set forth, CITY and CpNTRACT COORDINATOR agree as follows: 11. CON'1'RACT COORDINATOR hereby represents the CITY, with full knowledge that the CITY is relying upon these representations. when entering into this Agreement with the CONTRACT COORDINATOR, that the CONTRACT COORDINATOR has the professional expertise, and experience to perform the services to be provided by CONTRACT COORDINATOR pursuant to the terms of this Agreement. 2 . CONTRACT COORDINATOR further represents to the CITY with full knowledge that the CITY is relying upon these representations when entering into, this Agreement with CONTRACT COORDINATOR, that CONTRACT COORDINATOR shall make his services available on a regular and continuous basis and that he intends to provide more than the minimum services needed during the term of this Agreement. 3. CONTRACT COORDINATOR represents to CITY that he has the knowledge, ability and skills to provide: a) Semi~professional construction and maintenance administrative work, including but not limited to research, preparation, preliminary design, permitting specification preparation, implementation, and monitoring of construction and maintenance projects within the Department. The employee shall be involved with engineers and suppliers dealing with design and implementation of projects and systems. b) Preparation, review, and proofreading of project specifications, bid documents, and contract documents. Review/proofreading of shop drawings and project submittals. Perform administrative. coordination and inspections along with follow-up on projects and contract close-outs. Review of bid tabulation sheets and preparation of written recommendations supported by analytical documentation. c) Considerable knowledge of administrative procedures involving research, preparation, and bidding of construction drawings and maintenance systems. d) Knowledge of engineering and architectural drawings. ~ Reads and interprets construction specifications. Operates computerized project management systems, maintenance management systems, and contract scheduling systems. e) Shall provide any additional related work as needed. 4. CITY shall p!:,ovide office space, equipment, staff, and clerical support to enable CONTRACT COORDJ:NATOR to provide the services described in this Agreement. 5. CJ:TY agrees to compensate CONTRACT COORDJ:NATOR for the services performed by CONTRACT COORDJ:NATOR pursuant to the provisions of this Agreement, based on the hourly rate of Fifteen and no/Dollars ($15.00) provided, however, the total amount of compensation paid to CONTRACT COORDJ:NATOR shall NOT EXCEED Twenty Thousand and no/Dollars ($20,000.00) during the initial term or during the optional term of this Agreement. 6. CONTRACT COORDJ:NATOR shall be entitled to invoice bi~weekly for the services provided to the CJ:TY. 7. CJ:TY will make its best efforts to pay CONTRACT COORDJ:NATOR within fourteen (14) days of receipt of proper invoice the total shown to be due on such invoice. CJ:TYor CONTRACTCOORDJ:NATOR may request changes that would increase, decrease, or otherWise modify the Scope of Services to be provided under this Agreement. Such changes must be in accordance with the provisions of the Code of Ordinances of the CJ:TY and must be in writing, executed by the parties thereto, with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement. 9. CONTRACT COORDJ:NATOR is to provide mileage payment requests at twenty-six cents ($0.26) per mile for official CJ:TY business necessary for completion and monitoring of contract work. to. This Agreement may be terminated by the CJ:TY for convenience, and at the discretion of CITY upon thirty (30) days written notice by the CJ:.TY to CONTRACT COORDJ:NATOR in which event the CONTRACT COORDJ:NATOR shall be paid compensation for services' performed to termination date. CONTRACT COORDXNATOR can terminate this Agreement prior to the expiration of the initial term with thirty (30) days written notice, If CONTRACT COORDXNA'l'OR abandons or fails to provide the services described in this Agreement during the initial term CONTRACT COORDJ:NATOR shall not receive pay for the last month during which servic'es were provided to the CJ:TY. 11. This Agreement shall take effect as of the date of execution l lfc ~ as shown herein and shall end September 30, 1998. Thereafter, the parties may agree to extend this Agreement, based on the terms and .conditions set forth herein .on a month to month basis. If the parties desire to avail themselves of the optional term the parties shall execute an Amendment to this Agreement. 12. CON'l'RACT COORDINATOR shall keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be groundS for disallowance by CITY of any fees or expenses based upon such entries. 13. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACT COORDINATOR is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State worker's Compensation Act and the State Unemployment Insurance Law. The CONTRACT COORDINATOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONTRACT COORDINATOR's activities and responsibilities hereunder. The CONTRACT COORDINATOR agrees that he is a separate and independent enterprise from the CITY, that he has full opportunity to find other business, that he has made his own investment in his business, and that he will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACT COORDINATOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACT COORDINATOR, including but not limited to unpaid minimum wages and/or overtime premiums. 14. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by CONTRACT COORDINATOR, without the prior written consent of CITY, However, this Agreement shall run to the CITY and its successors and assigns. 15. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ~ ~ 16. CONTRACT COORDINATOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACT COORPINATOR to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award of making of this Agreement. For the breach or violation of this provision, the CIT.Y shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 17. Whenever any party desires to give notice unto any other party, it must given by written notice, sent by Certified Uni ted States mail, return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed lpywritten notice in compliance with the provisions of this section. Fo~ the present, the CONTRACT COORDINATOR and the CITY designate the following as the respective places for giving of notice: CITY: City Manager, C.ITY OF BOYNTON BEACH, FLORIDA P.O. BOX 310, Boynton Beach, FL 33425-0310 Copy to: City Attorney, City of Boynton Beach, Florida P.O. BOX 310, Boynton Beach, FL 33425-0310 CONTRACT COORDINATOR: Ronald C. LaCroix, 5900 Biscayne Drive, Lake Worth, Florida 33463 18. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to ' execute this Agreement on behalf of the party from whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 19, If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. This shall constitute the full agreement and understanding between the parties and supersedes all prior negotiations, representations or agreements, either written or oral, and shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. ~ '-. CITY OF BOYNTON BEACH, FLORIDA S:ooldeptslHuman ResourceslLaCrClix Agr " CITY ATTORNEY ~