INDEPENDENT CONTRACTOR AGREEMENT TO PROVIDE HOUSING & COMMUNITY DEVELOPMENT SERVICES
INDEPENDENT CONTRACTOR AGREEMENT
This AGREEMENT made this ~ 11t day of 111ft'! 2002, by and between the
City of Clearwater, Florida (City), a Florida municipal corporation, P. O. Box 4748, Clearwater
Florida 33758-4748, and Turnstone Properties, Inc. a Florida Corporation (Independent
Contractor).
WHEREAS, City desires to have Independent Contractor perform the services, duties,
and responsibilities of Housing and Community Development Consultant; and
WHEREAS, Independent Contractor agrees to provide said services under the terms
and conditions of this Agreement;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
1. SCOPE OF SERVICES. Independent Contractor agrees to provide services as
a Housing and Community Development Consultant under the terms and conditions described
below:
a. Independent Contractor shall perform the functions and duties of a
Housing and Community Development Consultant as explained and assigned to Independent
Contractor. It is expressly understood and agreed by the parties that Independent Contractor's
duties and responsibilities may change from time to time.
b. Independent Contractor agrees to continually provide her best efforts to
efficiently and effectively perform the assigned duties and
responsibilities in a proper and professional manner, to uphold City and
department regulations and policies, and to abide by the appropriate
ethical standards of conduct.
c. Exhibit A - Scope of Services.
2. TIME OF PERFORMANCE. Independent Contract will begin performance of
the duties and responsibilities of a Housing and Community Development Consultant as of
A ~ ZCCiZP
-Ma~:t 2g~, and tern1i~te as of September 30, 2002.
This Agreement may be renewed on
a yearly basis by mutual, written consent of both parties.
3. SUPERVISION. Independent Contractor will report directly to Assistant City
Manager Ralph Stone during her tenure with the City.
4. COMPENSATION. Independent Contractor will be compensated for tier
services as follows:
a. Independent Contractor shall be compensated at the rate of $90.00 per
hour with a maximum annual amount of $16,000.
b. Independent Contractor shall transmit a monthly invoice to the City that
will reflect the number of hours Independent Contractor has worked during that time
period and on what types of activities.
c. Independent Contractor shall be responsible for the payment of all taxes
and required local, state, federal and/or private deductions pursuant to her
compensation.
d. Independent Contractor's compensation shall include none of the
benefits, monetary or otherwise, that would befit a regular, tenured employee of the
City.
e. Any changes, including any increase or decrease in the amount of
Independent Contractor's compensation and changes in the terms of this Agreement
which are mutually agreed upon by and between City and Independent Contractor shall
be effective when incorporated in written amendment to this Agreement.
5. FACILITIES
City will provide appropriate office space, equipment and support as City deems
necessary to the Independent Contractor to perform the services, duties and responsibilities of
a Housing and Community Development Consultant.
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6. TERMINATION OF AGREEMENT. Either party at its sole discretion may
terminate this Agreement by giving the other party ten (10) days written notice of its election to
do so and by specifying the effective date of such termination. The Independent Contractor
shall be paid for her services through the effective date of such termination. Further, if
Independent Contractor shall fail to fulfill any of her obligations hereunder, this agreement shall
be in default, the City may terminate the agreement, and Independent Contractor shall be paid
only for work completed.
7. INTERESTS OF PARTIES. Independent Contractor covenants that she shall
have no interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement.
8. INDEMNIFICATION. Independent Contractor agrees to protect, defend, indemnify
and hold the City and its officers, employees and agents free and harmless from and against any
and all losses, penalties, damages, settlements, costs, charges, professional fees or other
expenses or liabilities of every kind and character arising out of or due to any negligent act or
omission of Independent Contractor in connection with or arising directly or indirectly out of this
Agreement and/or the performance hereof. This provision shall survive the termination of this
Agreement.
9. PROPRIETARY MATERIALS. Upon termination of this Agreement, Independent
Contractor shall transfer, assign and make available to City or its representatives all property and
materials in Independent Contractor's possession belonging to or paid by the City.
1 O. ATTORNEYS FEES. In the event that either party seeks to enforce this Agreement
through attorneys at law, then the parties agree that each party shall bear its own attorney fees and
costs, and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas
County, Florida.
11. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
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IN WITNESS WHEREOF, the City and Independent Contractor have executed this
Agreement on the date first above written.
CITY OF CLEARWATER, FLORIDA
BY:~' JJ..-,'3t
William B. Horne II
City Manager
Approved as to form:
Attest:
Leslie K. Douga - I S
Assistant City Attorney
0r1'~ t. .~lk 11 ~
Cyn . a E. GoUEie2u,l
City erk
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EXHIBIT A
SCOPE OF SERVICES
1. The development of a strategy to strengthen non-profit organization known as
Clearwater Neighborhood Housing Services. Subject to the agency's having sufficient
funding to maintain staffing and operations.
2. Completion of the development of subdivision located at Woodlawn and Tioga streets
in Clearwater, Florida. Work shall include assisting the City in the acquisition of the
east half of the vacated Tioga Avenue, ensuring, prior to purchase that contaminants
from the western portion of Tioga will not compromise the ownership of the anticipated
purchase and ultimate use ina residential development. Working with non-profit CHDO
known as Large Area Development Corporation to facilitate the development and
creation of a strategy for the eight lots currently owned by the City of Clearwater for
red~velopment as low and moderate income home ownership opportunities.
3. Development of a strategy for the Drew and Plaza Park Neighborhood, whjch will
stEibilize the neighbort1ood from further decline and encourage a greater percentag~ of
owner occupied units.
4. Assistance toward the comptetion of the Fulton Apartments renovation.
s:JfegaIIagreeri'lentJBandoni Independent Contractor Agreement ~~
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City Attorney's Office.
Interoffice Correspondence Sheet
TO: City Manager
Mayor
City Clerk
FROM: Gina DeWitt, Administrative Support Manager ~
SUBJECT: Agreements and contracts approved at May 16, 2002
City Commission Meeting
DATE: May 17, 2002
Enclosed for signature are the following agreements:
Distribution Easement - Florida Power (Return to Engineering)
Subordination of City Utility Interests for Parcel 801.03 - FDOT (Return to Engineering)
Quitclaim Deed Parcel 805.02 - FDOT (Return to Engineering)
Master Agreement - IKON (Return to PC)
Cooperative Funding Agreement for Clearwater Harbor Oaks Reuse Transmission and
Distribution - SWFWMD (Return to PWA)
Community Sports Complex Amendatory Agreement - Phillies (Return to Park & Rec)
gmd:grh
Dottie: After signature, Legal Dept. needs copies of the highlighted agreements.
s:\forms\transmittal agreements memo