Exh 8BAGENDA ITEM #8B
SEPTEMBER 25, 2000
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CITY OF ATLANTIC BEACH.
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request from Cultural Arts Board for approval of Independent
Contractor Contract to hire Administrator to assist First Night in
incorporating into a 501(c)(3).
SUBMITTED BY: Susan Dunham, Beautification Coordinator
DATE: September 15, 2000
BACKGROUND: The Cultural Arts Board would like to hire a contract person for the
purposes of preparing documentation to incorporate First Night into a 501(c)(3) and to assist in
volunteer recruitment for next year's First Night event. If approved, this contract person will be
hired. at a rate of $15.00 per hour with the monthly payment not to exceed $1,000.00. The term
of the contract will be six months or until First Night is incorporated into a 501(c)(3), whichever
occurs first.
BUDGET: Maximum of $6,000.00 -Funds are available in the FirstNight budget.
RECOMMENDATION: Staff recommends approval of the- Independent Contractor Contract
to allow hiring of the Independent Contractor.
ATTACHMENTS: Independent Contractor Contract
REVIEWED BY CITY MANAGER: ,/'
AGENDA ITEM #8B
SEPTEMBER 25, 2000
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INDEPENDENT CONTRACTOR CONTRACT
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ty (: ty ), on behalf of the Cultural Arts Board,
-"- WHEREAS, Ci of Atlantic Beach, Florida "Ci "
intends to contract with Kim Armstrong; Independent Contractor ("IC"), for the performance of ~ ~~ "`- ~~_--
certain tasks; .
WHEREAS, IC's principal place of business is located at the following address: 355 Plaza,
Atlantic Beach, Florida;
WHEREAS, IC declares that IC is engaged in an independent business and has complied with all
federal, state and local laws regarding business permits and licenses of any kind that may be
required to carry out the business and the tasks to be performed under this agreement and IC
acknowledges his/her responsibility for payment of income and self-employment (social security)
tax as required by law;
THEREFORE, IN CONSIDERATION OF THE FOREGOING REPRESENTATIONS AND
THE FOLLOWING TERMS AND CONDITIONS,-THE PARTIES AGREE AS FOLLOWS:
1. SERVICES. TO BE PERFORMED -The City engages IC to perform the following tasks
or services (attach additional sheet if necessary): To prepare and submit paperwork to
incorporate First Night into a 501(c)(3); to facilitate and coordinate the work of the
volunteer committee; to organize, finance and promote the New Year's Eve "First Night"
celebration in Atlantic Beach, Florida.
2. TERMS OF PAYMENT -The City shall pay IC, upon receipt of invoice, according to
the following terms and conditions: Payment, at the rate of $15.00 per hour, shall be
made monthly. The monthly payment shall at no time exceed $1,000.00. A different
schedule of payment may be arranged at the convenience of City Staff and IC. Payment
under this contract shall be limited to six months or until First Night is incorporated into
a 501(c)(3), whichever occurs first.
3. INSTRUMENTATIONS - IC shall supply all equipment, tools, materials, supplies to
accomplish the designated tasks except as follows: Materials acquired for or consumed
in the work such as office supplies and postage or shipping, must be purchased through
the City of Atlantic Beach purchasing system. Long distance telephone calls maybe
reimbursed upon receipt of invoice with payment request.
4. REIMBURSEMENT OF EXPENSES -The City will not be liable to IC for any expenses
paid or incurred by IC unless otherwise agreed in writing.
5. CONTROL - IC will take direction from the Cultural Arts Board and will be responsible
for keeping the City informed of activities through the City Liaison.
6. PAYROLL OR EMPLOYMENT TAXES - No payroll or employment taxes of any kind
shall be withheld or paid with respect to payments to IC. The payroll or employment
taxes that are subject to this paragraph include but are not limited to FICA (social
security tax), FUTA (federal unemployment tax}, federal income tax and taxes.
7. FRINGE BENEFITS -Because IC is engaged in IC's own independently established
business, IC is not eligible for, and shall not participate in, any employee pension, health,
AGENDA ITEM #8B
SEPTEMBER 25, 2000
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disability or other fringe benefit plan of the City of Atlantic Beach.
-.-..- 8. INSURANCE - No workers' compensation insurance, or any other type of insurance
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- (including, but.not limited fo, professional liability insurance) has been or will be-------_.____:__~~,_ ___i_
obtained by the City on account of IC or IC's employees. IC.shall comply with the
workers' compensation laws (and all other applicable Laws) with respect to IC and IC's .
employees.
9. INDEMNIFICATION - IC agrees to indemnify and hold the City of Atlantic Beach and
its employees or agents harmless from any and aII suits, claims, damages, costs and
expenses of every kind and nature which may or might be asserted against the City of
Atlantic Beach and its employees or agents by another or others resulting directly or
indirectly from the. acts or omissions by the IC.
10. TERMINATION -This agreement shall be in effect for six months or until First Night is
incorporated into a 501(c)(3), whichever occurs first, and may not be terminated earlier.
(except for cause) without 30 days prior written notice from one party to the other.
11. NO AUTHORITY TO BIND CLIENT - IC has no authority to enter into contracts or
agreements on behalf of the City of Atlantic Beach or any of its agencies.
12. AMENDMENTS -This agreement may be supplemented, amended or revised only in
writing by agreement of the parties.
13. GOVERNING LAW -This agreement shall be governed by and construed pursuant to
the laws of the State of Florida.
14. ENTIRE AGREEMENT -This is the entire agreement of the parties and no other
representations, promises or agreements, oral or otherwise, shall be of any force or
effect.
INDEPENDENT CONTRACTOR
Are you a U.S. citizen or permanent reszdent of the U.S.? Yes No
If no, what visa/work authorizations do you currently have?
By:
Title:
Social Security or Federal Employer Identification Number:
Signature:
Date:
CITY OF ATLANTIC BEACH