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386RESOLUTION NO. 386 A RESOLUTION RETAINING THE SERVICES OF ADOLPH A. LaBONDE AS THE CITY'S BUILDING, ELECTRICAL AND PLUMBING INSPECTOR, SETTING FORTH HIS DUTIES, PROVIDING THAT HE SHALL BE AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF THE CITY OF EDGEWATER, PROVIDING FOR HIS COMPENSATION, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT RESPECTING SAID ADOLPH A. LaBONDE, TERMINATING ALL OTHER BUILDING, ELECTRICAL AND PLUMBING INSPECTION SERVICE, AND PROVIDING AN EFFECTIVE DATE THEREFOR. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That Adolph A. LaBonde be and he is hereby retained as the Building, Electrical .and Plumbing Inspector for the City of Edgewater, Florida upon the terms and conditions of that certain Contract attached hereto and made a part of this Resolution. SECTION 2. That his duties and responsibilities, status, and rate of compensation are those as set forth in the contract attached hereto. SECTION 3. That all prior building, electrical and plumbing inspection services be and the same are hereby terminated. SECTION 4. That this Resolution shall be and become effective upon execution of the original of the copy of the Contract attached hereto by the City of Edgewater and by Adolph A. LaBonde. SECTION 5. That all Resolutions or parts of Resolutions in conflict herewith be and the same are hereby rescinded. The above and foregoing Resolution was presented by Councilman Wiggins who moved its adoption, said motion being seconded by Councilman Ganta and, upon roll call vote, the said Resolution was duly declared adopted at a regular meeting of the City Council of the City of Edgewater, Florida, held on the 4th day 0. C . . o o 0 of January A.D., 1971; the vote of said Council upon roll call being as follows: i of January A.D., 1971. If 'Co ncilman aw This Resolution was prepared by Charles A. Hall, City Attorney -2- CONTRACT This contract is made and entered into by and between the CITY OF EUGEwATER, a ;dunicipal Corporation organized under and by virtue of the laws of the State of Florida, said municipality being in Volusia County, Florida, herein- after referred to as City, and ADOLnH A. LABONDE of Edgewater, Volusia County, Florida, hereinafter referred to as LaBonde. w ITNESSETH: That for and in considerntioā¯‘ of the sums of money hereafter referred to and consideration of the promises to be performed by each of the narties, the parties agree as follows: I. The City hereby retains LaBonde as an independent contractor to do and perform all building and electrical and Plumbing inspections for the City. LaBonde shall perform this contract as an independent contractor and nothing herein contain4..d shall be construed in any manner so as to constitute him or any of his agents, as the agent, employee or representative of the City. It is agreed that LaBonde shall perform tAis contract according to his own means and methods of work which shall be in the exclusive Charge and control of LaBonde and shall not be subject to control or supervision by the City excepting as to the results of the work. Upon the application of any party within the City of Edgewater, Florida for a building, electrical or plumbing permit, LaBonde shall thereupon ascertain that all ordinances, codes and regulations of the City and of the State of Florida or agency thereof are to be complied with by said Applicant and he shall make such inspections at such times and places as he shall deem necessary to determine that all ordinances, codes and regulations of the City and of the State of Florida or any agency thereof are being complied with, and he shall furnish the city with a final inspection report. LaBonde shall likewise have the authority to require persons doing building, electrical work or plumbing work to make Application to the city for the appropriate permit. LaBonde shall have the authority to, by appropriate complaint to the city, stop any building, electrical or plumbing work that does nr,t conform to and comply with the city's ordinances, codes and regulations and those of the State of Florida and any agencies thereof, and likewise, LaBonde shall have the authority to require changes in any building, electrical or plumbing work done within the City of Edgewater so as to insure that said building, electrical or plumbing work does comply with all applicable ordinances, nodes and regulations and statutes. 2. It is understood and agreed by and between the parties in consideration of the performance of this contract that the City agrees to pay LaBonde for his services hereunder seventy-five (980r) per cent of the fee charged for any building, electrical or plumbing hermit, which shall be due and payable when said permit is issued, and said sums herein specified Shall be full comnensation for LaBonde's services in performing this contract. 3. It is expressly agreed between the City and LaBonde that LaBonde shall be responsible for his own transportation and that the City shall not be liable for any injuries to third persons caused by LaBonde and LaBonde shall indemnify and save the City harmless ngainst any suit, action, claim, demand, lose, damage, judgment or decree or any expenses in connection with the work hereic, contemplated, for or on account of the Violation of any statute, ordinance, building code or regulation, or for personal injury or death to any person, including workmen, or damage to any property which may arise from the work herein contemplated in this contract. 4. LaBonde shall exonerate, indemnify and hold harmless the City from and airaiust, and shall assume full responsibility for payment of all Federal and State taxes or contributions Imposed or required under unemployment insurance, social security and income tax laws, and La9onde hereby specifically agrees that tie shall not come under workman's compensation insurance coverage by the City of Edgewater and he agrees he shall make no claim a,-ainst said insurance carrier. E This agreement may be terminated by eith.r of the parties by giving the other party thirty (30) days written notice and thereafter each party shall be free from any terms and conditions and obligations imposed by this contract. IN WITNESS: t.IIEREOF, the CITY OF EDGEWATER has hereunto set its hand and seal this __day of January, 1971. CITY OF EDGEW'ATER ATTEST: By: r- H. Ca rnie, mayor ity C erk - -- (Corporate Seal) IN WITNESS WHEREOF, ADOLPH A. LARONDE has here.. to set his hand and seal this _day of January, 1y71. Witnesses: Adolph La on e (SEAL) -2-