CUSTOM PROGRAMMING SERVICES
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AGREEMENT
City of Clearwater, FL, a municipal corporation, hereinafter referred to
as "Customer," and Johnston CIS Consulting Inc., hereinafter referred
to as "Contractor," intending to be legally bound, hereby
agree as follows:
Contractor shall provide to Customer performing the
following services:
Custom programming services:
1) Reversal of customer move-in (unmove-in)
2) Creation of the u811 cash packet for finals
3) Tracking crews across zones
4) Allow ability to access service orders
by internal work order number
5) Transfers
8 hrs.
8 hrs.
24 hrs.
10 hrs.
32 hrs.
TOTAL
82 hrs
The hourly rate is forty (40) dollars per hour for a maximum of 82 hrs.
totaling $3,280 for service. The Customer shall be responsible for any
airfare, hotel, and rental car for on site trips which shall not exceed $500.
Any phone charges that are the result of modem communication shall be
the responsibility of the Customer and shall not exceed $120. The work
shall be performed in a timely manner within three months of the execution
of this contract. The given for tasks are estimates and the actual time spent
shall be what is billed to the customer. Customer must approve, in
writing, any actual expenses in excess of the hours or amounts stated
above. Contractor shall be paid only for the actual number of hours
worked.
Contractor shall, at all times, use his or her own tools and employees
to complete the terms of this Agreement. Contractor shall not be
supervised by Customer but shall proceed to accomplish the services
hereunder in whatsoever manner deemed appropriate within the scope of
this Agreement. Customer is aware that Contractor may have other
Customers and jobs that he or she is working on simultaneously with
this job, which not interfere with the timely completion of this agreement.
Contractor agrees to use best efforts to provide the services specified
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hereunder according to the specifications presented by Customer.
In consideration of the mutual Agreements and promises made herein,
it is agreed that any and all work, creation, or service that is the product
of this Agreement shall belong wholly to Customer, and Contractor shall
have no claim towards it.
In no event shall this Agreement constitute and employment Agreement
and Contractor shall be considered only as an independent Contractor
and not as an employee, agent, partner, or joint venturer of Customer.
Contractor shall be solely responsible for any and all taxes (state, federal,
and/or local); worker's compensation insurance; disability payments; social
security payments; unemployment insurance payments; insurance; or any
similar type of payment for Contractor or any employee thereof; and shall
hold Customer harmless from any and all such payments.
Any dispute relating to the interpretation or performance of this
Agreement shall resolve at the request of either party through binding
arbitration in accordance with the rules of either the American Arbitration
Association or Florida. Judgment of any award determined by the
arbitrators may be entered in the appropriate court having jurisdiction.
In the event of any litigation which is instituted by either of the parties, the
prevailing party to litigation shall be entitled to reimbursement for
reasonable attorney's fees and costs.
This agreement may be terminated by any party without cause upon
giving a 24 hour written notice. In the event that the Contractor defaults
under any provision of this Agreement, The Customer may immediately
terminate this Agreement. In the event that the contract is terminated for
any reason, the Customer shall be liable for payment to Contractor for all
approved services performed up to the time of termination, but the
Customer shall have no liability for any payment which has yet to come
due, for work which has not yet been performed.
This Agreement shall be interpreted pursuant to the laws of Florida.
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Executed this t?< 7t#.- day of ~~vJ
19 ~t Clearwater in Florida.
Contractor:
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David R. Johnston; President
Johnston CIS Consulting Inc.
Countersigned:
City of Cl~arwater, Florida
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Approved as to form and
legal sufficiency:
Attest:
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Asst, City Attorney
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o City