FUNDRAISING SERVICES - 1998 NAGANO HOSPITALITY CENTER
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AGREEMENT FOR FUNDRAISING SERVICES
This AGREEMENT made this 2nd day of December, 1997, by and between the
City of Clearwater, Florida (City), P. O. Box 4748, Clearwater Florida 34618, and Cindy
Bowling d/b/a Total Event Management Group (Consultant).
WHEREAS, City desires to obtain fundraising services for the 1998 Nagano
Hospitality Center for the 1998 Winter Olympics in Nagano, Japan; and
WHEREAS, City selected Consultant to provide fundraising services under the
terms and conditions of this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties agree as follows:
1. SCOPE OF PROJECT. Consultant agrees to provide fundraising
services under the terms and conditions described in Exhibit "A".
2. TIME OF PERFORMANCE. All fundraising must be complete by
February 1, 1998.
3. REPORTS. Consultant agrees to provide to City reports on the Project
upon request by the City. All reports shall comply with City's recycled and recyclable
products code requirements, Clearwater Code Section 2.601.
4. COMPENSATION. The City will pay Consultant a sum not to exceed
$25,000, based on the terms and conditions described in Exhibit "A". The City may,
from time to time, require changes in the scope of the project of Consultant to be
performed hereunder. Such changes, including any increase or decrease in the amount
of Consultant's compensation and changes in the terms of this Agreement which are
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mutually agreed upon by and between City and Consultant shall be effective when
incorporated in written amendment to this Agreement.
5. METHOD OF PAYMENT. City agrees to pay after approval of the City
Project Manager under the terms of the Florida Prompt Payment Act F.S. 218.70.
6. CONTACTS FOR RESPONSIBILITY. Cindy Bowling will be designated
as Project Director for this project by Consultant to manage and supervise the
performance of this Agreement on behalf of Consultant. Associated with the Project
Director will be staff members whose experience and qualifications are appropriate for
this Project. The City will be represented by Kathy S. Rice, Deputy City Manager, or her
designee, for all matters relating to this Agreement.
7. TERMINATION OF CONTRACT. The City at its sole discretion may
terminate this contract by giving Consultant five (5) days written notice of its election to
do so and by specifying the effective date of such termination. Further, if Consultant
shall fail to fulfill any of its obligations hereunder, this contract shall be in default, the
City may terminate the contract, and Consultant shall be paid only for work completed.
8. NON-DISCRIMINATION. There shall be no discrimination against any
employee who is employed in the work covered by Agreement, or against applicants for
such employment, because of race, religion, color, sex, or national origin. This provision
shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rate of payor other
forms of compensation; and selection for training, including apprenticeship.
9. INTERESTS OF PARTIES. Consultant covenants that its officers,
employees and shareholders have no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this Agreement.
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10. INDEMNIFICATION AND INSURANCE. Consultant agrees to protect,
defend, indemnify and hold the City and its officers, employees and agents free and
harmless from and against any and all losses, penalties, damages, settlements, costs,
charges, professional fees or other expenses or liabilities of every kind and character
arising out of or due to any negligent act or omission of Consultant or its employees in
connection with or arising directly or indirectly out of this Agreement and/or the
performance hereof. This provision shall survive the termination of this Agreement.
11. PROPRIETARY MATERIALS.
Upon termination of this Agreement, Consultant shall transfer, assign and
make available to City or its representatives all property and materials in Consultant's
possession belonging to or paid by the City.
12. ATTORNEYS FEES. In the event that either party seeks to enforce this
Agreement through attorneys at law, then the parties agree that each party shall bear its
own attorney fees and costs, and that jurisdiction for such an action shall be in a court of
competent jurisdiction in Pinellas County, Florida.
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SIGNATURE PAGE FOR AGREEMENT FOR FUNDRAISING
BETWEEN THE CITY OF CLEARWATER AND
CINDY BOWLING D/B/A TOTAL EVENT MANAGEMENT GROUP
IN WITNESS WHEREOF, the City and Consultant, have executed this
Agreement on the date first above written.
CITY F CLEARWATER, FLORIDA
Michael J. Roberto
City Manager
By:
Approved as to form and
legal sufficiency:
Attest:
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John Carassas
Assistant City Attorney
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Cyn E. Gou~
City erk
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Cindy Bowling d/b/a
Total Event Management Group
By: ~~~. ':);/911-
Cindy ling
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CLEARWATER/NAGANO HOSPITALITY CENTER
Fundraising Scope of Services
. All funds raised will be used to support the Clearwater/Nagano Hospital
Center project.
. Primary targets for fundraising will be private business and corporate
entities
. Consultant will receive 15% of funds received by City, but in no event
shall exceed $25,000.
. Goal amount of funds to be raised is approximately $167,000.
. Consultant will be reimbursed when sponsor checks have been deposited
and all funds made available.
. Sponsors must be approved by the City.
. City must be apprised and approve of fundraising strategy.
. Consultant can be reimbursed for direct expenses of the fundraising
project for promotional materials not to exceed $2.000 with the
submission of receipts.
. Fundraising will need to be complete by February 1, 1998.
. Agreement can be terminated at will upon five (5) days written notice.
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Exhibit A