R97-202
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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
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PASSED AND ADOPTED this /b day of December, 1997.
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
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ATTEST:
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Cit Clerk "
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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.
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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
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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.
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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.
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CITY OF BOYNTON BEACH, FLORIDA
S:ooldeptslHuman ResourceslLaCrClix Agr
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CITY ATTORNEY
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