05-41 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 05-41
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER,
TEXAS, TO EXECUTE AN INDEPENDENT CONTRACTOR AGREEMENT
BETWEEN THE TOWN OF PROSPER,TEXAS AND JULIE STALLCUP, R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute,
on behalf of the Town Council of the Town of Prosper, Texas, an Independent Contractor
Agreement between the Town of Prosper, Texas and Julie Stallcup, R.S.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 14th day of June, 2005.
4'r'r
Ni Chas �^rangiMayor
ATTEST TO:
�Shanae Jennings own Secreta
TOWN OF PROSPER, TEXAS
INDEPENDENT CONTRACTOR AGREEMENT
This agreement is made and entered into on this 14th day of June, 2005, by and
between the Town of Prosper, Texas, hereinafter ("the Town"), and Julie
Stallcup, hereinafter"Independent Contractor".
For and in consideration of the mutual covenants contained herein, the Town and
Independent Contractor agree as follows:
1. Independent Contractor. Independent Contractor is and shall at all times and for
all purposes be deemed to be an independent contractor and shall be wholly
responsible for the manner in which he/she performs the services required of
him/her by the terms of this Agreement. Nothing herein shall be construed as
creating the relationship of employer and employee, or principal and agent,
between the Town and Independent Contractor or any of Independent
Contractor's agents or employees. Independent Contractor assumes exclusively
the responsibility for the acts of his/her employees and agents as they relate to
the services provided during the course and scope of their employment.
Independent Contractor, his/her agents and employees shall not be entitled to
any rights or privileges of the Town's employees and shall not be considered in
any manner to be Town employees, and no tax withholdings shall be made from
compensation. Independent Contractor represents that he/she has the proper
training and qualifications to perform the services set forth below.
2. Independent Contractor's Duties.
(a) Independent Contractor will provide health inspection services at food
establishments within the Town (the "Services"). Such Services are listed in
Exhibit "A", which is attached hereto and incorporated for all purposes.
(b) Independent Contractor will provide any equipment and supplies
necessary to perform the Services.
(c) Independent Contractor is responsible for the set-up and take-down of all
equipment, supplies, materials and tools to be used in performing the Services.
(d) Independent Contractor will not accept compensation or payment from
any source other than the Town for the services conducted pursuant to this
Agreement.
3. Term. The term of this Agreement will commence upon its execution by both the
Town and the Independent Contractor and continue until terminated. Either party
may terminate this Agreement by giving thirty (30) days written notice to the
other. At the expiration of thirty (30) days from receipt either party's written
notice of termination, this Agreement will be null and void.
4. Compensation and Billinq. After an inspection is completed, Independent
Contractor shall provide an invoice for the cost of the inspection to the Town
CADocuments and Settings\user\Desktop\Personnel Files\Agreements Contracts\Independent Contractor\lndepContractorAgreemt-
Health Inspections(Julie Stallcup).doc Page 1
Administrator or his/her designee. The Town agrees to compensate Independent
Contractor on the following basis:
a. Bi-annual and Risk-based Inspections $100.00/inspection
b. Reinspection $50.00/inspection
c. Investigative or Complaint Oriented Inspection $100.00/inspection
d. Additional Investigation beyond Scope of Inspection $20.00/hour
e. Review of Design of New or Renovated Food Establishments $75.00/review
5. Hold Harmless and Liabilitv. To the fullest extent permitted by law, Independent
Contractor agrees to defend, indemnify and hold harmless the Town and its
officers, agents and employees from any and all claims, demands, liabilities and
expenses (including attorneys' fees and costs of defense) arising directly or
indirectly out of the operation or performance of Independent Contractor under
this Agreement. The Town will not accept liability for injuries that are the result of
the negligence or malfeasance of contractor. Said Independent Contractor
agrees to accept liability for injuries to himself/herself or others caused by his/her
own negligence or malfeasance.
6. Notice. Any notice which is required under this Agreement shall be in writing and
sent by Certified Mail, Return Receipt Requested, to the address as set forth
below.
7. Assignment of Aareement. Independent Contractor shall not assign, transfer or
subcontract any of his/her rights, burdens, duties or obligations under this
Agreement without the prior written permission of the Town.
8. Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County, Texas.
9. Savinqs/Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not affect any other
provision thereof, and this Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained herein
10. Entire Aqreement. This Agreement contains the entire agreement of the parties
with respect to the matters contained herein and may not be modified or
terminated except upon the provisions hereof or by the mutual written agreement
of the parties hereto.
11. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is
forever confessed.
12. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
13. Authoritv to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all
appropriate and necessary action has been taken to authorize the individual who
CADocuments and Settings\user\Desktop\Personnel Files\Agreements ContractsAndependent Contractor\lndepContractorAgreemt-
Health Inspections(Julie Stallcup).doc Page 2
is executing this Agreement to do so for and on behalf of the party for which his
or her signature appears, that there are no other parties or entities required to
execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement and
that each individual affixing his or her signature hereto is authorized to do so, and
such authorization is valid and effective on the date hereof.
14. Representations. Each signatory represents this Agreement has been read by
the party for which this Agreement is executed and that such party has had an
opportunity to confer with its counsel.
TOWN OF PROS E XAS
By:
Date: 41.2
are�swaoKr, Mayor
P.O. Box 307
Prosper, Texas 75078
(972) 346-2640
INDEPENDCONTRACTOR
By: Date:
6LekS'tZaL1lcu�RS.
Address:
Home Phone: M2 ,W 7 /%X,S
Business Phone:
Social Security Number: 454/ 39 J3 el
CADocuments and Settings\user\Desktop\Personnel Files\Agreements Contracts\Independent Contractor\lndepContractorAgreemt-
Health Inspections(Julie Stallcup).doc Page 3
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
CHARLES NISWANGER, known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he acknowledges to me he is the duly authorized
representative for the TOWN OF PROSPER and he executed said instrument for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFI this /-I�I
f�day of
A_ILIne, 12005.
Douplae C.Mou"
• \.r •My Commi�bn E�gfkM -[AhA
i. Octo0 i30'2007 ,,, Nota ublic in and for the S ate rTf Texas
My Colmission Expires: 01
I �
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared JULIE
STALLCUP, known to me to be one of the persons whose names are subscribed to the
foregoing instrument; she acknowledges to me she is the duly authorized representative
and she executed said instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2005.
ota Public in anK!o rt tat of ex s
My Commission Expires:
Y `�� Linda S Ingram
MY commission Expires
C:\Documents and Settings\user\Desktop\Personnel Files\Agreements Contracts\Independent Contractor\lndepContractorAgreemt-
Health Inspections(Julie Stallcup).doc Page 4
Exhibit "A"
The "Services"
The Independent Contractor shall perform routine and as-needed health inspections of
all food establishments within the Town of Prosper, Texas to verify the establishment's
compliance with Town of Prosper Ordinance #02-32, as it exists or may be amended,
and the State of Texas' Food Establishment Rules and Regulations. Food
Establishments include schools (public and private), daycare centers (if food is prepared
or offered on site), convenience stores, grocery stores, restaurants, concessions stands,
and mobile food units.
The Independent Contractor shall perform a minimum of one (1) bi-annual inspection of
every food establishment within the Town of Prosper every six (6) months. Independent
Contractor shall perform any as-needed inspections, as requested by the Town of
Prosper including follow up inspections required to enforce compliance with said
Ordinances in order to protect health and safety. Days and times of bi-annual and as-
needed inspections may be scheduled at the sole discretion of the Independent
Contractor.
Investigative or complaint oriented inspections will be conducted by the Independent
Contractor upon a written or verbal complaint being submitted to the Town or
Independent Contractor. Investigative or complaint oriented inspections, if warranted,
will be conducted within 72 hours of the complaint being forwarded to the Independent
Contractor. Timeframe shall be shortened depending on nature and severity of
complaint or investigative inspection. It is the contractor's responsibility to respond to
complaints or investigative inspections in the timeframe necessary to fully expedite
health and safety compliance for the highest protection of the Town of Prosper.
The Independent Contractor will evaluate and score each bi-annual and investigative or
complaint oriented inspection on the following basis:
a. All applicable observations and data obtained on the interior and exterior of the
food establishment.
b. Scoring shall be as indicated in Ordinance #02-32 or as amended and as stated
in the Texas Food Establishment Rules.
The Independent Contractor shall perform a reinspection within twenty four (24) hours of
an inspection when a food establishment a) obtains a failing score or b) as deemed
necessary by Independent Contractor when food establishment obtains a critical
violation.
After each bi-annual inspection, investigative or complaint oriented inspection, or
reinspection, the Independent Contractor shall provide written inspection results to the
Town Administrator or his/her designee. Such results shall be e-mailed, hand-delivered,
or faxed to the Town Administrator or his/her designed within twenty-four (24) hours of
the inspection and the results will outline the following:
a. Demerits/violations
b. Day and time of inspection
c. Score
CADocuments and Settings\user\Desktop\Personnel Files\Agreements Contracts\Independent Contractor\lndepContractorAgreemt-
Health Inspections(Julie Stallcup).doc Page 5
d. Any applicable notes pertaining to inspection
Should the Town Administrator or his/her designee feel that additional investigation is
required beyond the scope of the initial inspection; the Independent Contractor shall
perform the additional investigation at the time the Independent Contractor feels is most
conducive to carrying out the objectives the Town Administrator or his/her designee has
intended and as needed to properly enforce the Health Ordinance. Original inspection
results signed by the Independent Contractor will be forwarded to the Town
Administrator or his/her designee within one (1)week of the inspection.
Upon request of the Town of Prosper, the Independent Contractor will also review
building and architectural plans, on or off site, of food establishments to be constructed
or renovated and provide comments to the Town regarding the compliance of the plans
with applicable building and health codes.
CADocuments and Settings\user\Desktop\Personnel Files\Agreements Contracts\Independent Contractor\lndepContractorAgreemt-
Health Inspections(Julie Stallcup).doc Page 6