INDEPENDENT CONTRACTOR AGREEMENT
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This Independent Contractor Agreement (The "Agreement") is between Rinnai and the following Independent
Service Contractor (Contractor):
Name: C Ie An- U/ 4-14#;(. b4f Sj s /;,,-y'I.
Address: .:..{O(? t.--It:)F1--;~ r1'1'i/<-iI~ 4(/P-Jc.l~~
City: C,le;4/1tUJ,;l:,A..>
State/Zip Co,,(le: P/();f,dvf :1J7.)8- 47'-18
County: t1 L./ t" 1/4J
Phone: 7;).7 -5"&).. -,-/f:}txJt:.-f7'lflCell: _ - _ - Fax: 7~1 - S'&;,2 - '-I?oJ
E-Mail Address:-rt:)n1.r.A.~./I@c/~..I.l/.iJ~-<?"..f.c{M/l.FederalTaxJ.D.No. 5'?'-t:Yooo -;;J 87'
Or Social Security No.
Check One:
Corporation
Partnership
Sole Proprietorship
,,/"
Under which Contractor agrees to provide service on the following Rinnai product for both warranty and non warranty
service'
7Water Heater
/" Heater
~ Fireplace
;/" Rice Cooker
/ Cook Tops
Other
Term: This agreement shall commence on the date it is approved by Rinnai and shall be for a term of one year, automatically
renewed on an annual basis. However, either party may terminate this Agreement at any time with sixty (60) days written
notice.
SERVICE LABOR RATES:
Flat rate per completed service call:
Flat Rate for heat exchanger replacement:
$ 9't?~O
$ /f3r/. 1'/0
Note: Nothing greater than the rates listed above will be paid without pre-authorization and detail of problem. These rates
include travel time. Rinnai is not responsible for overtime, after hours or holiday rates.
Service Area: Contractor is authorized to provide service within a radius of ~ S- miles from service location. Additional
labor outside the above area will only be paid on a call-by-call basis after pre-authorization has been given by Rianni by
calling 800-621-9419.
APPROVED by the Contractor (I have read, understand and agree to the terms on the front and back of the Agreement):
Signature: See attached signature page Title:
Date:
ate:
oc/ 11/06
APPROVED by the Rmnai National Service Manager
Signature:
Date:
Original to Rinnai
Copy to Contractor
Contractor Agrces:
I.
2.
3.
To maintain adequate service facilities and equipment necessary for the repair of Rinnai products.
To maintain a professional image when in the owner's residence or place of business.
To maintain and manage an adequatc stock of functional parts at thc Service Facility and/or on service vehicles in quantity and kind satisfactory
to providing the owner a completed repair upon the initial call.
To submit only invoices for work performed by Contractor or individuals in Contractor's direct employment. Sub-contracting is not allowed.
To provide prompt, efficient service on all Rinnai product.
To usc Rinnai gcnuinc repair parts for all warranty parts replacements.
To assumc rcsponsibility for any liability claims if other than a genuine Rinnai part is used in a repair.
To submit complete and accurate service claims within 30 days of completion of service.
To obtain, maintain and review current parts, service and technical information on Rinnai products, as made available by Rinnai.
To require Contractor's technicians to attend service meetings provided by Rinnai within a reasonable distance from Contractor.
To provide the owner with a copy of the complcted service invoice and to guarantee service work performed for a period of not less than 30 days.
To allow access to service records for thc audit or verification of any or all claims submitted by Contractor to Rinnai.
To procure and maintain any and all licenses and permits necessary to perform the services at issue and to provide copies of those licenscs and
permits to Rinnai upon request.
~om an insurance carrier qualified to do business in Contractor's state and to maintain in full force and effect durin is
Agreement, COiiipre~cral public liability insurance (including personal in' . I Y coverage) with a combined limit
of liability of not less than $1,00 .. ec lIlnal as an additic.lI1al insured. Contractor shall provide Rinnai upon request
Ica e 0 coverage reflecting this co . ,)i!,e. tf.4dd.4'..,jd.;:~
Ttntcfend, indcl1lDifyand hold Rinnai and thcir respective officers and employees harmless from any and altcJ~i..~drm"n,.]" IssseJ, Ldbili'ty,
expenses (including attomeys'-fecs~ttum . assertcd-]}ythird-partieswhicliariserrom (1) C-ontractor's actions or omissions in the
pw~e-services-afTssue enn or (ii) the operation of the Con rac s. Sc"!-of. ,-Idd<2..Jdu H-'1...
Upon termination of the Agreement, Contractor shall immediately cease in any way representing or advertising itself as an authorized service
agent for Rinnai and shall remove, alter or destroy all signs, cards or advertising materials which contain such representation.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
16.
Rinnai Agrees:
I. To pay Contractor for completed service within terms of the Rinnai labor warranty, on a timely basis, upon receipt of a properly submitted
serviee claim.
2. To provide Contractor with product and service training on all Rinnai product in a manner to be determined by Rinnai.
3. To provide the Contractor with parts, service and technical information in a timely manner and at a reasonable cost.
4. To provide Contractor with access to teehnical assistance via a toll free phone number, fax or email.
5. That during the term of this Agreement, Contractor may represent and advertise itself as authorized to perform servicc on Rinnai product as
covered by the Agreement.
General:
I.
2.
Both parties agree that Contractor is an independent contractor and is not an agent ofRinnai. Contractor is not authorized to make any warranty,
agreement, representation or commitment on behalf of Rinnai.
This Agreement supersedes all prior agreements or understandings between the parties and may be amended or modified only in a writing signed
by both parties.
Neither party shall, by reason of the termination of this Agreement, be liable to the other for compensation, reimbursement or damages on
account of expenditures, investments, losses, or commitments in connection with the business or goodwill of the other.
Upon notification of termination of this Agreement, Contractor shall not be released from its obligation to fulfill any pending service
arrangements entered into prior to termination of the Agreement and Contractor shall be compensated for such service as provided in this
Agreement.
This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia, excepting its conflict oflaws provisions.
Certain provisions of this Agreement relate to rights, responsibilities and privileges of the parties hereto after termination of this Agreement. This
Agreement insofar as it relates to those purposes shall survive termination.
3.
4.
5.
6.
Addendum to Rinnai Independent Contractor Agreement
Clearwater Gas System
PO Box 4748
Clearwater, FL. 33758-4748
Item 14 under Contractor Agrees:
Rinnai Corporation is willing to accept a letter from the City of Clearwater showing self
insurance in the amount of $500,000 and that the City of Clearwater has excess insurance
that would respond to any claim caused by the negligence of employee's of the City of
Clearwater that might exceed the self insured retention.
Item 15 under Contractor Agrees:
Rinnai agrees to the following language change. "To defend, indemnify and hold Rinnai
and their respective officers and employees harmless from any and all claims, demands,
losses, liability, expenses (including attorneys' fees), actions, or proceedings asserted by
third parties which arise from the operation of the Contractor's business, to the extent of
Clearwater Gas System's negligence and the limits of Florida Statute 768.28; provided,
however, that such obligation shall not apply unless Clearwater Gas System is given
prompt written notice of the claim and sole control of its defense and/or settlement.
Notwithstanding anything contained herin to the contrary, this indemnification provision
shall not be construed as a waiver of any immunity to which Clearwater Gas System is
entitled or the extent of any limitations of liability pursuant to Florida Statute 768.28.
Furthermore, this provision is not intended to nor shall be interpreted as limiting or in any
way affecting any defense Clearwater Gas System may have under Florida Statute
768.28.
Approved by City of Clearwater, FL.
Signature: See attached signature page Title:
Date:
Signatur :
anager I ~~ ~ ~
ate: +406
Approved by the Rinnai National Service Manager
Signature:
Date:
SIGNATURE PAGE TO
INDEPENDENT CONTRACTOR AGREEMENT
BETWEEN CITY OF CLEARWATER AND RINNAI
Countersigned:
CITY OF CLEARWATER, FLORIDA
~.. G' \? ~~
~ Frank V. Hibbard
C Mayor
By: ~13'~14
I ham B. Horne II
City Manager
Approved as to form:
Attest:
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CITY OF
CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4650 FAX (727) 562-4659
FINANCE DEPARTMENT
RISK MANAGEMENT DMSION
April 7, 2006
Larry Arrington
Southeast Regional Manager, Rinnai
103 International Drive
Peachtree City, Georgia 30269
Please accept this letter as certification the City of Clearwater is insured (or self-insured) for liability and workers'
compensation insurance coverage as shown below. The Clearwater Gas System is a Department of the City of
Clearwater. The City has been approved by the State of Florida as a self-insured municipal government. The state audit
number for the city as a self-insured Florida municipality is 9173. This certification is issued as a matter of information
only, and confers no rights upon the holder. The insurance coverages named below do not extend the limits of liability
beyond the statutory limits of $100,000 per Person/$200,000 per occurrence as governed by the provisions of section
768.28, Florida Statutes.
The City's major insurance coverages and limits are as follows:
1. Auto Liability, General Liability, Police Professional Liability, and Public Officials Liability: Excess Insurance:
$7,000,000 ($14,000,000 Aggregate) with State National Insurance Company with self-insured retention of $500,000
for the policy period 10/01/05-10/1/06.
2. Workers' Compensation: Statutory coverage per Occurrence with self~insured retention of $500,000 Excess
Insurance via State National Insurance Company for the policy period 10/01/05-10/01/06. Employer Liability limits are
$500,000/$500,000/$500,000.
3. Emergency Medical Services (EMS) specific coverage as follows:
. EMS Medical, Professional Liability, and Commercial General Liability: $1,000,000 per Occurrence
limiU$1 ,000,000 Aggregate with American Alternative Insurance Corporation for the policy period 10/01/05-10/01/06.
. EMS Commercial Automobile Liability: $1,000,000 per occurrence Combined Single Limit with American
Alternative Insurance Corporation for the policy"period 1 % 1/05-10/01/06.
. EMS Excess Following Form Liability: $1,000,000 per Occurrence limit in excess of the Total Underlying Limits of
EMS coverage shown in 3 above with American Alternative Insurance Corporation for the policy period 10/01/05-
1 % 1/06.
Sincerely,
h~~M-P
Risk Manager
FRANK HIBBARD, MAYOR
BILL JONSON, VICE-MAYOR
Hoy]' HA1\1InON, COUNCILMEMBER
(i)
JOHN DORAN, COUNCILMEMBER
CARLEN A, PETERSEI\, COUNCILMEMBER
"EQUAL EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER"