Clinton County Today has reviewed the Independent Contractor Agreement between the City of Frankfort and Travis Sheets. Sheets is to be paid monthly in the amount of $4,250 for 18-months. The contract became effective January 1, 2020, and runs until June 30, 2021, unless otherwise extended by written agreement signed by both parties.
An agreement reached by the City’s Board of Works and Sheets during the Mayor Chris McBarnes administration, calls for Sheets to be paid on the last day of each month during the agreement period. As the agreement is written, Sheets could be paid $76,500 over the 18-month period plus reimbursement for “transportation between the City of Frankfort and the Indianapolis Airport for trips required in connection with work performed or to be performed by Contractor pursuant to this agreement.” Or, “City shall provide transportation” between the City of Frankfort and the Indianapolis Airport for Sheets.
Sheets “shall be responsible for all traveling expenses to and from Indianapolis and Contractor’s residence in Arizona.”
The agreement does make note the work and pay for Sheets in 2021 is dependent upon the City Council budgeting process. Sheets’ “work to be performed in 2021 and any payments for work to be performed during 2021, shall be subject to appropriation of necessary funds by the Common Council of the City of Frankfort.”
In addition to monthly payment and reimbursement for transportation between Frankfort and the Indianapolis Airport, Sheets is to receive for use from the City of Frankfort when working in the Frankfort area, “a City owned vehicle and gasoline for use only in performing work described in this agreement.”
As Sheets will perform his consulting work remotely as well as in the City of Frankfort, “there shall be made available to Contractor sufficient desk, office area and supplies to conduct his work in the City of Frankfort, as needed.”
The agreement does allow for the agreement to be terminated with or without cause by either party with 30-days notice given to the other party. “This agreement may be terminated, with or without cause, by either party giving the other party 30 day’s written notice to terminate.”
Should the agreement terminate mid-month, Sheets is to receive prorated payment. “If this contract is terminated for any reason prior to the end of a month, the monthly amount paid hereunder shall be apportioned to reflect payment only for the portion of the calendar month during which services were performed.”
The Agreement states Sheets “holds expertise in various aspects of landscaping, zoo and aviary construction and operation, swimming pool operation and maintenance and various other construction and maintenance issues associated with parks and their capital improvements.”
And, the City “desires to utilize and benefit from Contractor’s expertise and to hire Contractor as an independent contractor to perform consulting, advisory and related services in connection with the park, zoo and aviary matters.”
The Agreement identifies Sheets’ general scope of work to include the following:
* Will serve as the owner representative for the design and construction process of the aquatic center
* Will advise on zoo and aviary habitats, health, and wellness needs and USDA regulations and requirements
* Will serve to prioritize capital projects
* Will assist in setting up the PCP kiosk as an appropriate park boutique
* Will serve as a resource regarding playground safety and regulations
* Will advise on horticulture issues
* Will advise on downtown pots and hanging baskets
* Will be available “as needed” for phone/email consultation
In addition to the above list, Sheets’ “shall perform … consulting, advisory and related services in connection with the City’s operation of its park area, zoo and aviary, using Contractor’s expertise to maintain and improve such areas in a modern, neat and safe condition. … Contractor shall make suggestions to employees of the City and shall review their findings and work in various projects.”
Under this Agreement, the hours Sheets works on any given day is entirely up to him. “… The hours the Contractor works on any given day shall be entirely within the Contractor’s control.”
The Agreement continues, “the City will rely upon the Contractor to put in such number of hours as is reasonably necessary to fulfill the spirit and purpose of this agreement.”
The City of Frankfort does state the dates Sheets “shall work in the City of Frankfort shall include, on a full-time basis,” the following:
* Three (3) weeks in March for greenhouse planting, general landscaping (where needed) and PCP landscaping.
* May 20th through July 5th for general operation, Fourth of July, capital projects and preparation for summer.
* Two (2) weeks in October to outline and prepare for Holiday Festival of Lights.
* Three (3) visits for consultation and work related to completion of the Prairie Creek Park Project and development and implementation of the TPA Park Aquatic Center Project.
Sheets must maintain his own motor vehicle insurance policy while operating a City of Frankfort vehicle. In addition to motor vehicle insurance, Sheets must pay by himself all required worker’s compensation insurance and unemployment compensation insurance for himself and his employees. Those items are in addition to general liability insurance and such other insurance as the City may require.
The Agreement was signed by Sheets and the three members of the Board of Works; Mayor Chris McBarnes, James Siegfried, Jr., and Kenneth Estes.
