AGREEMENT TO SUPPLY LABOR TO WATER DIVISION/PUBLIC WORKS
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AGREEMENT
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THIS AGREEMENT is made and entered into this {7 day
of
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, 1995, by and between the CITY OF
CLEARWATER, FLORIDA (herein, the "City"), and CLEARWATER FIRE
EXPLORER POST 919, an organization sponsored by the City of
Clearwater Fire Department, chartered by the Boy Scouts of
America, Explorer Division (herein, "Post 919").
In consideration of the mutual covenants and promises
made herein by each party to the other, the parties do hereby
agree as follows:
1. Post 919 agrees to:
(a) Supply labor to the Water Division of the Public
Works Department of the City to clean and paint fire hydrants,
remove cap chains (if present), and-trim light vegetation
growth that may hamper painting.
(b) Paint, to standards set forth by the Water Division,
a minimum of 30 hydrants per month, unless restricted by
weather or other circumstances beyond Post 919's control, but
not to exceed a maximum of 1,000 hydrants per Agreement Year.
An Agreement Year means a one-year period ending on an
anniversary of the date of this Agreement.
(c) Bill the City on a monthly basis after satisfactory
completion of work performed, not later than the tenth day of
the following month.
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(d) Perform these services for the sum of $7.50 per
hydrant. The total amount to be paid for such services shall
not exceed $7,500.00 per Agreement Year.
(e) Not paint or bill the City for pinellas County Water
System fire hydrants that may be found in the grids assigned
to Post 919.
(f) Supply transportation to and from the assigned
grids.
(g) Have its members wear distinctive identification
markings on apparel to identify them as members of a scouting
organization, and wear orange safety vests or other suitable
safety gear as furnished by the Water Division.
2. The City agrees to:
(a) Supply all paints, brushes, buckets, hydrant
wrenches, and other supplies as may be necessary to accomplish
the tasks of this Agreement.
(b) Supply three (3) street atlases and hydrant atlases
to Post 919 for reference in locating the hydrants in the
assigned grids.
(c) Supply sufficient orange safety vests or other
suitable safety gear as provided in Paragraph l(g).
(d) Pay all billings in a timely fashion as submitted
according to Paragraph l(c) for the number of hydrants
completed and billed, except for those hydrants found to be
unsatisfactory.
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3. The City shall incur no liability as a consequence of
the activities of the members of Post 919 involved in this
project because this project is classed as a Post 919
combination community service project, citizenship project,
and fund raising project of the organization, for the
betterment and benefit of the members of Post 919 according to
their charter with the Boy Scouts of America, Explorer
Division. As such, all members involved are covered under the
liability insurance coverage of Post 919 through the Boy
Scouts of America, Explorer Division, and a copy of the
insurance policy and certificate of insurance showing the City
as an additional insured shall be provided to the City
annually with said documents being provided to the City before
any services are performed by Post 919.
4. Post 919 agrees to indemnify and hold harmless the
City and its respective agents, officers, employers, directors
from and against any and all liability, loss, damages,
interests, judgments, and liens growing out of and any and all
costs and fees (including any attorney's fees) arising out of
or incurred in connection with any and all claims, demands,
suits, actions or proceeding, which may be brought against the
City by reason of lack of exercise of reasonable care by Post
919 or imposed by law or regulation on Post 919 regardless of
negligence of Post 919, its directors, agents, employees,
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subcontractors, members or tenants.
No consent or waiver, express or implied, by either
party, to or of any breach of any covenant, promise,
undertaking, or agreement or duty of the other shall be
construed as a consent to or waiver of any other breach.
5. Post 919 understands that in providing this service
it functions as an independent contractor, representing itself
as being self-employed, and as being responsible for all
business and personal tax liabilities and workman's
compensation insurance. In addition, it realizes there are
potential risks in providing this service.
6. This agreement is entered into for a term of three
years from the date of this Agreement. This Agreement may be
cancelled by either party provided that 30 days' written
notice of intent to cancel is given to the other party.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed on the date first above written.
CITY OF CLEARWATER, FLORIDA
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E~' abeth M. Deptula
Clty Manager
Approved as to form and
legal sufficiency:
Attest.;."
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aul ichard Hu
Assistant City Attorney
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CLEARWATER FIRE EXPLORER POST 919
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David Kinsey ~
Post 919 Coordinator
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Post 919 Flre xplorer Chief
(Post President)
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