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1999-065 Print Shop Operations AgreementRESOLUTION N0.65-99 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACI-I, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN INDEPENDENT CONTRACTOR AGREEMENT FOR PRINT SHOP OPERATIONS WITH WILLIAM H. BELL ATTACHED AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida does hereby approve the Agreement with William H. Bell, Independent Contractor, attached as Exhibit "A", which agreement is for the purpose of providing print shop operations for the Village of North Palm Beach. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with William H. Bell, set forth in Exhibit "A" for and on behalf of the Village of Norlh Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 10th DAY OF NOVEMBER, 1999. (Village Seal) ATTEST: ~a ~ VILL GE CLERK VILLAGE OF NORTH PALM BEACH PRINT SHOP . INDEPENDENT CONTRACTOR AGREEMENT This agreement made and entered into this,~f~~day of November,1999, between the VILLAGE OF NORTH PALM BEACH, herein after designated as the "VILLAGE" and William H. Bell, Independent CONTRACTOR, hereinafter referred to as the "CONTRACTOR." Whereas the VILLAGE desires to contract for the print shop operations, and Whereas the VILLAGE and CONTRACTOR desire to clarify and define their responsibilities with regard to providing print shop operations for the VILLAGE, Now therefore, In consideration of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the VILLAGE and CONTRACTOR agree as follows: ARTICLE I SCOPE OF SERVICES The CONTRACTOR agrees to: 1.1 Be responsible for monthly newsletter layout and printing using VILLAGE equipment by the third Wednesday of each month. 1.2 Be responsible for binding the newsletter through a binding company selected and paid for by the VILLAGE. 1.3 Be responsible for mailing the newsletter no later than three days prior to the beginning of the next month. The VILLAGE will pay for newsletter mailing expenses. 1.4 Be responsible for printing orders from Village Departments each month, not to exceed four working days. If additional days are required, written approval must be obtained from the Village. The VILLAGE agrees to: 1.1 Provide paper and other supplies as needed for printing. 1.2 Provide printing equipment for the CONTRACTOR and servicing the equipment as required. ARTICLE 2 COMPENSATION 2.1 The VILLAGE shall compensate the CONTRACTOR at a rate of $15 per hour. 2.2 The VILLAGE shall require a minimum of forty hours of print shop work per month of • the CONTRACTOR. The VILLAGE may assign additional hours to the CONTRACTOR as needed. ARTICLE 3 TER~~I OF AGREEMENT • The term of this agreement will be from November 15, 1999 to September 30, 2000 with three one year extension subject to annual approval by the Village Council. ARTICLE 4 TERMINATION OF AGREEMENT 4.1 VILLAGE shall have the right to terminate this agreement at any time, with or without cause and upon written Notice being given to CONTRACTOR. The Village shall be liable only for payment for work performed or furnished prior to the effective date of such termination. The effective date of any termination under this agreement shall be the date of receipt of written notice from the VILLAGE. 4.2 CONTRACTOR may terminate this agreement with or without cause by giving the VILLAGE thirty days written notice. ARTICLE 5 INDEPENDENT CONTRACTOR It is specifically understood that the CONTRACTOR is an independent CONTRACTOR and not an employee of the VILLAGE. The VILLAGE and CONTRACTOR agree that this Agreement is not a contract of employment and that no relationship ofEmployer/ Employee or PrincipaVAgent is or shall be created hereby. Tax responsibilities, social security, health insurance, employee benefits, and travel expenses shall be those of the CONTRACTOR. ARTICLE 6 IDEMNIFICATION CONTRACTOR shall at all times hereafter indemnify and hold harmless the VILLAGE, its agents, servants, and employees, from and against any claim, demand, or cause of action of whatsoever kind of nature, arising out of error, omission, negligent act, conduct, or misconduct of CONTRACTOR in performance of services under this Agreement. ARTICLE 7 MISCELLANEOUS 7.1 CONTRACTOR shall, without additional expense to the VILLAGE, be responsible for obtaining any necessary licenses, sanctions, and certifications and for complying with any and all applicable Federal, State, County and Municipal laws, codes, and regulations in connection with the performance of the services specified herein. CONTRACTOR shall be responsible for any and all damages to persons or property that occur as a result of the CONTRACTOR'S fault or negligence. . CONTRACTOR shall take proper safety and health precautions to protect the VILLAGE, the public and the property of others. CONTRACTOR shall also be responsible for all services performed until completion of the contract. 7.2 CONTRACTOR agrees to purchase general liability insurance in an amount not less than $100,000 per person and $200,000 per occurrence. VILLAGE shall reimburse . CONTRACTOR for the cost of the insurance. If CONTRACTOR cannot secure liability insurance in a sum less than $300,000, VILLAGE shall reimburse CONTRACTOR for the cost of such insurance. 7.3 The CONTRACTOR shall not promote any privately owned business entity in a VILLAGE facility or use VILLAGE equipment for such purposes. It is understood that such actions may result in immediate termination of the Agreement and the forfeiture of all compensation due to the CONTRACTOR for the remaining term of the Agreement. 7.4 All Notices from the CONTRACTOR to the VILLAGE shall be delivered to Village Hall, 501 U.S. Highway One, North Palm Beach, Florida 33408. All Notices from the VILLAGE to the CONTRACTOR shall be addressed to 6305 Emerald Sky Lane, Greenacres, Florida 33463. ARTICLE 8 AMENDMENTS AND ASSIGNMENTS 8.1 No modification amendment, or alteration of the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8.2 CONTRACTOR shall not transfer or assign the performance of services called for in the Agreement without prior written consent of the VILLAGE which consent shall be in the sole discretion of the VILLAGE. Signed: ~~ LE!J/ CONTRACTOR THE VILLAGE OF NORTH PALM BEACH ATTEST: ~ ~ ~~ 'page Clerk ~