2001-085 Print Shop Agreement w/William BellRESOLUTION SS-2001
•
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
ENTER INTO AN INDEPENDENT CONTRACTOR AGREEMENT WITH WILLIAM H. BELL.
AT"I'ACI IF.D AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING
SERVICES FOR THE LAYOUT, PRINTING AND BINDING OF THE VILLAGE NEWSLETTER
AND OTHER PRIN77NG ORDERS; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. 7'he Village Council of the Village of North Palm Beach, Florida, does hereby approve
the Independent Contractor Agreement with William H. Bell attached as Exhibit "A", which
agreement is for the purpose of securing services for the layout, printing and binding of the Village
newsletter and other printing orders.
Section 2. T'he Mayor and Village Clerk are hereby authorized and directed to execute the
Independent Contractor Agreement with William H. Bell set forth in Exhibit "A" for and on behalf
of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
(4
• A
PASSED AND ADOPTED THIS 11th DAY OF OCTOBER, 2001.
VILLAGE OF NORTH PALM BEACH PRINT SHOP
• INDEPENDENT CONTRACTOR AGREEMENT
This agreement made and entered into this 11th day of October 2001, 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,
Inconsideration 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 shall:
1.1 Prepare the monthly newsletter layout and printing using VILLAGE equipment each
month.
1.2 Be responsible for binding the newsletter through a binding company selected and paid
for by the VILLAGE.
1.3 Handle mailing the newsletter no later than two 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 shall:
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 $16.00 per hour.
• 2.2 CONTRACTOR agrees to provide a minimum of forty hours of print shop work per
month. The VILLAGE may request additional hours of the CONTRACTOR as needed,
and CONTRACTOR shall honor VILLAGE's request, exigent circumstances excepted.
ARTICLE 3
• TERM OF AGREEMENT
The term of this agreement will be from October 1, 2001 to September 30, 2002 with three one
year extensions subject to annual approval by the Village Council.
ARTICLE 4
TERMINATION OF AGREEMENT
4.1 VILLAGE shall have the right to terminate this agreement, with or without cause and
upon thirty days 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.
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 of Employer/ Employee or
Principal/Agent 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 transferor 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.
ARTICLE 9
ATTORNEY'S FEES
In any litigation between the parties in regards to this agreement, the prevailing party in such
litigation shall be entitled to recover from the non-prevailing party a reasonable attorney's fees
and all costs of litigation, both at the trial and appellate level.
Signed:
__G~____.~.~
CONTRACTOR
THE VILLAGE OF N9RTHiJ'ALM BEACH
• Mayor
ATTEST:
/ 'llage Clerk `~~