IDoug Gill~spie

Certified Pool'OperatorAquatic Maintenance Consultant

18 Gulf Breeze Ct.

Destin, Fti32541Phone: 850259-3103

This agreement for Pool Maintenanceservices between Avalon Beach Estates HOA (hereafter

referred to as "Client") and Doug Gillespie (hereafter referred to as "Contractor") is made andentered into upon the following date: .!:LJ ~ ~ \The Contractor is required to maintain all Floridarequired licenses/certifications and liability

insurance.

The Client would like to have the Avalon Beach Community Pool maintained on a regular basis

and repaired when necessary. The Client and Contractor hereby agree to the following terms:

1. Client shall grant Contractor access to the swimming pool, its surrounding area, andequipment room during regular business hours and other mutually agreeable times.

2. Client will provide all permits, water, parts, etc. needed to maintain pool.

3. Regular Maintenance is as follows:

a. Pool will be checked a minimum of 5 days a week (less during winter monthswhen pool is not heated).

b. Pool chemistry will be checked, adjusted, and documented. (Contractor will

supply chemicals for basic maintenance)

c. Clean tiles around top of pool on each visit.

d. Vacuum pool a minimum of three days a week. More if necessary.

e. Remove debris from pool surface.

f. Inspect/adjust pool pumps and associated equipment.

g. Backwash filters as necessary

h. Check bathrooms when checking pool. Report problems to Avalon Beach

Maintenance Coordinator.

1. Clean bathrooms weekly.

4. Client shall pay Contractor for any additional maintenance or repair, beyond that statedabove, that may become necessaryfor normal operation of the pool (hereafter knownas "Ad-hoc work"). Contractor shall bill Client for the cost of ad-hoc work and Clientshall include payment with Client's next payment for regular maintenance.

5. Ad-hoc work:

a. Ad-hoc.wcrk \Nhosecost is lessthan $50 maybe performed by the Contractorwithout Clier'lt'sexplicit approval,

b. Ad-hoc work estimatedto @xce-ed$50 will be authorized by the Client beforework is performed and will include an estimate for parts and labor.

Call out service is available 7 days a week, 24 hours a day.

Costfor regular maintenance is $680 per month payable monthly when statement is rendered.

OTHER PROVISIONS:

1. Interpretation of Contract: This Agreement shall be construed according to thelaws of the State of Florida.

2. Mediation: All claims and disputes between parties under this Agreement shallfirst be subject to mediation. Mediation is required prior to litigation of anydisputes between the parties.

3.. Assignment Prohibited: This contract shall not be assigned to anyone, by eitherparty, without the written consent of the other party:

4. Indemnity by Contractor: The Contractor shall indemnify the ASS09i(3tion andhold the Association harmless against all claims forthepersonal injurY8rtdprdpertydamage caused by the Contractor in performance of this contract. The Contractorshall maintain (minimum liability insurance of $1,000,000 and workers compensation asrequired by Florida State Law) appropriate insurance coverage to insure this position. Atthe time of the signing of the contract, Contractor shall provide.to.the Associationnaming Avalon Beach Homeowner's Association as an additional insured, a currentinsurance certificate and proof reflecting that Contractor is insured for personal injuriesand/or property damage caused by the Contractor in the performance of his contract. Acopy of the Contractor's declaration page of insurance and/or certificate ofinsurance shall be attached to the contract. Contractor shall have on file a workman'scompensation certificate for any pre-approved subcontractor used in carrying out anywork and be responsible for any related liabilities of such contractor.

5. Attorney's Fees and Costs: In connection with any breach, defau\t, co\\ectlon,or litigation, including appellate proceedings, arjsing out of this Agreement, theprevailing party shall be entitled reasonable attorneys' fees and costs.

6. Notices: All notices required or appropriate under this contract shall be in writingand shall.be.sent by Certified U.S. Mail, Return Receipt requested.

7. Contract Terman~~onditions: Am~ndment/Termination- This contract will bereviewed annually and autoinatic~lJyrenewedf(Jr the following 12 months unless notice isgiven within 30 days of the annual renewalp!3te..The contract can be amended at any time bymutual agreement of either party to this contract. The contract can be terminated at any timeby either party with written notice of termination specifying a date of termination not lessthan30 days in advance. Notice shall be properly given when delivered by certified mail to theother party, return receipt requested

8. Compliance with Codes: All work will be performed in compliance with all currentWalton County Health Department and State of Florida codes (64E-9.001-64E-9.018-10D-S)thatare in effect from time to time.

9. ProfessionalCompetence: Contractor represents that he at all times is trained and will be incompliance with any professional requirements and certifications required todispensechemicalsetc. to perform the maintenance u~ his contract.

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INSTRUCTIONS FOR COMPLETINGNON-CONSTRUCTION INDUSTRY CORPORATE OFFICER

APPLICATION FOR EXEMPTIONI

(Notice of Election to be Exempt - DWC 250)

WboisEligible for Exemption

Non-construction industry sole proprietors and partners are AUTOMATICALLY EXEMPT by FloridaLaw, from theprovisions of Chapter 440, Florida Statutes (Florida's Workers' Compensation Law). Officers of non-constructionindustry corporations are ELIGIBLE for exemption from the provisions of Chapter 440, Florida Statutes but mustaffirmatively apply for such an exemption by filing with the Division of Workers' Compensation aNotice of Election tobe Exempt (DWe 250). If you apply fur and receive an exemption, it means that you choose to NOT be eligible forworkers' compensation benefits if you are hurt on the job. There is no limit on the number of corporate officers from asingle non-construction industry business that can be exempt at anyone time.

In the first section of the application, you must indicate that you are an officer of a non-construction corporation bymarking an "X" in the box next to "Non-Construction Industry Corporate Officer." You must also write your corporatetitle on the line labeled "Your Corporate Tit1e.'"

An exemptiou applies onlY to the applicant and not to any employees of the applicant, and is only valid for thecorporation listed on theapplication. If, in addition to being a corporate officer of the non-construction industry businessto which this application appl ies, you are also a sole proprietor or partner of another construction industry business, or youare a corporate officer of another construction or non-construction industry corporation, you must submit a separateapplication for each business from which you wish to claim an exemption to workers' compensation benefits.

If you are unsure of your business classification, contact your workers' compensartonIasuraaee carrier (if youhave one) or the National Council on Compensation Insurance at 800 622-4123 and ask fur a classlfleaticncode,Tbis will determine ifyoUT business is construction or non-construction.

Application Fees - There is no tee for a non-construction industry exemption application.

Effective Date

Applications for an exemption by a corporate officer in a noa-ccnstruction industry (Notice of Election to be Exempt,DWe 250) will be processed within thirty days after the date the application is mailed to the Division as evidenced by thepostmark on the envelope in which the application is mailed. In the event that a postmark is not present or not legible, oran application is delivered to the Division by other than U.S. Mail, the application will be processed within thirty daysfrom the date it is received by the Division. Once an application is processed, if an exemption is issued, it will beeffective as of the date following the day the application is mailed or received. Every exemption wiII be marked with aneffective date, and will remain in effect WItH a revocation is filed or the exemption is involuntarily revoked by iheDivision of Workers' Compensation.

You may voluntarily revoke your exemption at any time by filing with the Division, DWC 250-R, Revocation of Electionto be Exempt. The Division shall revoke your exemption, if it is determined at any time that you are ineligible for theexemption.

Federal Emplovcr Identification Number{FEIN)

A federal employer identification number is required of all applicants (provide the corporate FEiN). To acquire a federalemployer identification number, contact the Internal Revenue Service at (866) 816-2065.

Workers'Compensution Information Online - http;I!\\~"v.fldfs.~om/WC/

NON·CONSTRUCTION fNDUSTRY INSTRUCTJONS FOR DWC 250 Revised l\1:ty. 2003