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THIS AGREEMENT is made between IOWA COUNTY, a municipal corporation, herein referred to as the “Principal” and _______________herein referred to as “Contractor.”
I. PRELIMINARY RECITAL In the performance of all work, duties and obligations under this agreement, Contractor is at all times acting and performing as an independent contractor and not as an employee or agent of Principal nor shall the contract be construed as a contract of an employment agency. Contractor further warrants and asserts that they meet all of the conditions set forth in Section 102.07(8) (b) of the Wisconsin Statutes.
II. DURATION OF AGREEMENT The duration of this agreement shall be for a period of three (3) years, commencing December 1, 2009 and terminating December 1, 2012 subject, however, to prior termination as hereafter provided in Section III. In the sole discretion of Principal and with the consent of Contractor this agreement may be renewed under like terms and conditions or upon modified terms and conditions as agreed to by both Principal and Contractor.
III. TERMINATION OF AGREEMENT This agreement shall remain effective as provided in Section II until either party cancels it for any or no reason by giving six (6) months’ written notice to the other party. In the event of any violation by Contractor of any terms of this agreement, Principal thereon may terminate this agreement without notice and with remuneration only to the date of such termination.
IV. TERMS OF REMUNERATION Contractor shall be remunerated for the three (3) year duration of this agreement in the total amount of $___________ per year. Remuneration shall be disbursed to Contractor on a bimonthly basis (twice per month) on the eighth (8th) and twenty-fourth (24th) day of every month. If said dates fall on a weekend or holiday payment will be made the next business day. Contractor shall be solely responsible for deducting all applicable federal, state and social security taxes from their remuneration amount. The parties further acknowledge that this agreement does not provide any fringe benefits.
V. INSPECTION OF WORK Principal retains a general power of inspection of results for the purpose of determining that the contracted work is completed according to the terms and conditions indicated in Appendix A. This general power includes the right to inspect, the right to stop the work, the right to make suggestions or recommendations as to the details of the work and the right to prescribe alterations or deviations in the work.
VI. BEST EFFORTS OF INDEPENDENT CONTRACTOR Contractor acknowledges that they understand the requirements and obligations to perform the contracted work as provided in Appendix A and agrees they will at all times faithfully, industriously, and at the best of their ability, experience and talents perform all contracted work to the expressed and implicit terms hereof to the reasonable satisfaction of Principal.
VII. HOURS OF WORK The work is to be performed three (3) days a week and the establishment of set hours shall be within the sole discretion of Contractor. However, the services performed by Contractor shall be performed so as to avoid inconvenience to Principal and its personnel and interference with Principal’s operation.
VIII. HIRING, SUPERVISING AND PAYING ASSISTANTS Contractor may employ and direct such personnel as they require to perform the contracted work as herein indicated and shall secure any and all permits that may be required in order to perform the contracted work herein contemplated. Contractor shall exercise full and complete authority over their personnel, shall comply with all Workers Compensation, employer’s liability and other federal, state, county and municipal laws, ordinances, rules and regulations required of an employer performing services as herein contemplated and shall make all reports and remit all withholding or other deductions from the compensation paid their personnel as may be required by any federal, state, county or municipal laws, ordinances, rules or regulations.
IX. FURNISHING OF EQUIPMENT Contractor shall provide for their own equipment and materials necessary for performance of this contract. Contractor may purchase and/or lease and/or use any equipment and materials from Principal with the consent of Principal.
X. INSURANCE The Contractor shall provide the following minimum types of insurance to cover, any employees or subcontractors meeting the following coverage stated: A Comprehensive General Liability policy including: Premises and operation, Independent contractors (if any), Products and completed operations (if any), CGL Broadform Endorsement, Contractual Liability, Broadform property damage, include Iowa County as an additional insured while the independent contractor is operating in behalf of Iowa County and combined single limits shall be at least $500,000.00. Worker’s Compensation Policy insurance with sole proprietors and/or partners covered on an elective basis. Fidelity Bond covering the independent contractor and all employees for at least $10,000.00.
XI. ASSIGNMENT This agreement cannot be assigned by the Contractor without prior written consent of Principal.
XII. CONFIDENTIAL INFORMATION Contractor shall not at any time or in any manner, either directly or indirectly, divulge, disclose or communicate to any person in any manner whatsoever any information concerning any matters affecting or relating to the business of Principal and its personnel including without limiting the generality of the foregoing any files, correspondence or documents or any other information contained in any department or office of Principal which may be observed by Contractor or Contractor’s personnel without regard to whether all of the foregoing matters will be confidential the parties hereto stipulating that as between them, the same are confidential and that any breach of the terms of this paragraph shall be a material breach of this agreement.
XIII. HEADINGS The headings contained in this agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this agreement.
XIV. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and contains all of the agreements between the parties with respect to the subject matter hereof; this Agreement supersedes any and all other agreements either oral or written between the parties hereto with respect to the subject matter hereof. No change or modification of this agreement shall be valid unless the same be in writing and signed by Principal and Contractor. No waiver of any
provision of the Agreement shall be valid unless it be in writing and signed by the person or party to whom it be charged.
XV. MISCELLANEOUS If any provision of this agreement shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intention of the parties hereto.
Contractor agrees to perform housekeeping services as outlined below on the five Iowa County buildings described as the Iowa County Courthouse and Administrative Annex, Sheriff’s Department, Department of Social Services, Iowa County Health Department, and Highway Department. Services: Contractor agrees to perform for Principal in a good and workpersonlike manner the following specific services as needed: a. (1) Empty wastebaskets (2) Replace liners as needed (3) General mopping and cleaning of all rest rooms (4) Replenish paper supplies in rest rooms as needed (5) Mop and vacuum main corridors as needed (6) Wash windows around and in door entrances as needed (7) Turn off lights and lock doors when leaving after hours (8) Wipe down all walls as needed (9) Pledge or dust all wood trim (10) Dust all vertical and horizontal surfaces to a height of 8’ (only dust desktops if they are cleared of paperwork, knickknacks, etc.) (11) Vacuum offices as needed (possibly on a daily basis) (12) Clean water fountains (13) Sanitize all bathroom walls and floors (14) Report all damages or items needing repair to the Maintenance Department (15) Damp clean all light fixtures (16) Wash all inside windows (17) Clean all air vents and grills (18) Steam clean all carpets as needed Yearly or as needed: (1) Strip and wax all hard surface floors (may need touch-up waxing every 6 months b. Any related duties as assigned.
All housekeeping duties shall be performed without disturbing employees, exception being the Child Support Office, District Attorney’s Office and Sheriff’s Office. Iowa County will provide paper towels, hand soap, toilet paper and garbage bags with the exception of the Iowa County Sheriff’s Department.
Assignment: This agreement cannot be assigned by the Contractor without the prior written consent of Principal.
IN WITNESS WHEREOF, the parties have executed this agreement on the dates indicated after their signature.
PRINCIPAL By: ____________________________________
INDEPENDENT CONTRACTOR By: ____________________________________