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HomeMy WebLinkAboutDocumentation_Regular_Tab 09C_02/11/1999 ~~~ ~c RESOLUTION NO. 15-98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A CONTRACT WITH PAM CRIDER FOR COMPUTER PROGRAMMING AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE OF TEQUESTA. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE iOF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1. The contract with Pam Crider for computer programming attached hereto and marked as Exhibit "A" is hereby approved and the Village Manager is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember who moved its adoption. The motion was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this llt'' day of February, A.D. , 1999. MAYOR OF TEQUESTA Elizabeth A. Schauer ATTEST: Joann Manganiello Village Clerk WP80\Resolution\Programmer Contract W M._.__. FHB 01 ' 99 04 ~ 51PM JONES FOSTER JOHNSTON & STUBBS TQ s ~I-11 V ~~i' i ~ttOPlleya '~Ild ri011~1 ~OPi John C. Randolph, Esq. Direct Dial; (561)650-0458 Frmmail: jandolph a)jo ies-foetex.com February 1,1'99 Ms. Connie F[olloman Finance Dire~;tor Village of requests Post Office F,ox 2379 requests, Florida 34b9-0273 Flaglcr Center Tower, Suite ! 100 505 South Flaolcx Orive WeFt Palm Beach. Florida 33401 Telephone f 56l) 659-3000 P.1i1 Muilin~ Address Post Office Bnx 3475 West Palm Beach, Piarida 33402-3475 Facsimile (561) 832-1454 VIA FAX: 575-6203 RE: Villa;~e of requests Contactual Service Agreement for Pam. Crider Our bile No. 13153.1 Dear Connie This is in rE spouse to your letter of January 25, 1999. I have reviewed the Contractual Service Agreement for Pam Crider and approve same as to legal form and sufficiency. Tt is my understandi zg, pursuant to the terms of this agreement, that Ms. Crider has the right, as an independenl consultant, to perform this work in the manner and time agreed to by her. Sincerely, 14NES, FC STER, JOITriSTON & STiJBBS, P.A. t john C. Ra vdolph JCR/ssm EXHIBIT "A" ,~ CONTRACTUAL SERVICE AGREEMENT THIS AGREEMENT, made and entered into this day of February, 1999, by and between the Village of Tequesta, a municipal corporation under the laws of the State of Florida, (hereinafter called "Village") and a contractual computer programmer, Pam Crider (hereinafter called Ms. Crider"). W I T N E S S E T H: WHEREAS, the Village desires to obtain the services of a programmer on a part-time basis. WHEREAS, Ms. Crider is a contractual computer programmer in the State of Florida. NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. Contract: The .Village does hereby engage Ms. Crider as a Contractual Computer Programmer. Ms. Crider is directly responsible for all the requirements as set forth in this agreement. 2. Term: The Village agrees to retain Ms. Crider and Ms. Crider agrees to be so retained as an independent contractor and not an agent or employee of the Village, on an as needed basis at the discretion of the Village Manager or his designee. The term will also be limited to and shall not exceed the funds allocated in the fiscal year budget . Ms . Crider explicitly recognizes that there is no guarantee of any minimum volume of work, based upon the agreement of the parties that all work assignments will be at the discretion of the Village Manager or his designee. 3. Termination• This agreement is subject to cancellation with or without cause by either party to this agreement upon thirty (30) days written notice; such notice shall be forwarded by registered mail to the last known address of the other party. J 4. Contract Fee: Ms. Crider shall be paid at an hourly rate of $50.00 per hour. Ms. Crider must submit detailed invoices documenting the work performed and the time necessary to perform each task (shown in thirty minute intervals). All invoices will be reviewed and approved by the Village Manager or his designee before payment is made by the Village. Any objections to invoices shall be made within ten (10) days of receipt of the invoice. Payment of non- objected portions of invoices shall be paid within fourteen (14) calendar days of receipt of the invoice. 5. Independent Contractor Relationship: Ms. Crider is an independent contractor who shall be fully responsible for the payment and maintenance of all insurance and applicable taxes as required by the legal obligations of an independent contractor. Ms. Crider does not accrue and is not entitled to any Village Employee Benefits including but not limited to Workers' Compensation, Unemployment Compensation, Retirement, Disability Leave, and any other leave with pay. Ms. Crider's only compensation for services performed under this agreement shall be the hourly wage specified herein. 6. Duties and Responsibilities: (a) Ms. Crider agrees and certifies that all work completed under this agreement is the property of the Village. (b) Ms. Crider agrees to complete all work as reasonably required by the Village within the allotted schedule provided by the Village Manager or his designee and agreed to by Ms. Crider. (c) All types of information reviewed by Ms. Crider in the performance of this agreement are considered to be the property of the Village. Ms. Crider shall keep all property of the Village confidential and shall sign non-disclosure agreements if requested by the Village. Y 7. Insurance and Indemnification: Ms. Crider agrees to indemnify and hold harmless the Village and its representatives, from any and all claims and liabilities including attorney's fees and court costs, for which the Village can or may be held liable as a result of injury to persons or damage to property by reason of any acts or omissions of Ms . Crider arising out of or in connection with this agreement. 8. Authority: (a) Ms. Crider is not authorized to obligate the expenditure of Village funds. (b) Ms. Crider shall work under the general direction of the Village Manager or his designee and be responsible to same. (c) Ms. Crider shall not subcontract nor hire persons to aid in the consulting work without the prior written consent of the Village Manager or his designee. 9. Interpretation and Bindincr Effect: Except as herein otherwise provided, this agreement shall inure to the benefit of and shall be binding upon the parties hereto, their personal representatives, successors, heirs, and assigns. 10. Invalidity or Unenforceability: Invalidity or Unenforceability of any provision hereof shall in no way affect the validity or enforeceability of any other provisions. 11. Governing Law: This agreement shall be governed and construed in accordance with the laws of the State of Florida. 12. Entire Agreement: This agreement contains the entire understanding between the parties and may not be changed or modified except by an agreement in writing signed by the parties. Attest: Village Clerk ~~h Witness BY- Village Manager BY - ~'~ Pam Cr' r r c:\WP80\MyFiles\Finance\Programmer Agreement