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FUNDRAISING - 1997 MILITARY APPRECIATION DAY ~ ,. ;. J I AGREEMENT FOR FUNDRAISING SERVICES .~ ~ This AGREEMENT made this ~ day of J-, 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 1997 Military Appreciation Day Event scheduled for November 1997;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 October 1, 1997. 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 $9,750, 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 02 / /' '-"'j"" /"'\. /::- /' i') _of if.) ) \.........., L.,,/J..- (2) " , J I 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. The Consultant shall be paid for its services through 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 2 . \ , "; J I or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. 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. 3 ~,: ~ , I I 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 OF CLEARWATER, FLORIDA BY:' _ ~ ~ichael J. Roberto City Manager Approved as to form and legal sufficiency: Attest: ~~ ohn Carassas Assistant City Attorney Cindy Bowling d/b/a Total Event Management Group ~ By: .-~ Cind 8 ling 4 " ,. J. I I MILITARY APPRECIATION DAY Fundraising Scope of Services . All funds raised will be used to support the Military Appreciation Day event. . Primary targets for fund raising will be national defense contractors, followed by corporate entities outside of the local contact base. . Consultant will receive 15% of funds received by City, but in no event shall exceed $9,750. . Goal amount of funds to be raised is approximately $65,000. . Only funds raised directly through Consultant contacts will be subject to a 15% commission. . 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. . Fundraising will need to be complete by October 1, 1997. . Agreement can be terminated at will upon five (5) days written notice. EXHIBIT A I ~ ::iil/:::;;iiii:;::'I.: ':::::::::tt~:.. t .... .".... . . >-1:::' ':{i?':: .lt~,fR":::. rwa er ..... ..0. . '.. .... .... . .. ......... .... . " '. ..... .. ~ .:.:::~:t:::::::..... '.:::~~::~:::f::' o Interoffice Correspondence Sheet To: Mike Roberto Copy: Kathy Rice, Jeff Kronschnabl From: Jean Sherry Date: RE: Fundraising Contract Mike, the task team working on the Military Appreciation Day event is submitting a contract for your approval to enlist the assistance of a special event company to raise corporate sponsorships to fund the event. The Military Appreciation Day is a new special event scheduled for November 8 which coincides with the Veterans Day holiday. Fundraising must be complete by October 1. A competitive bid procedure would cause a delay and would be detrimental to the interest of the City. Without adequate and timely funding the success of the event would be jeopardized and could be canceled. We are recommending that the Total Event Management (TEM) company be approved to provide fundraising services for the Military Appreciation Day event based on their current familiarization with City policies, procedures and staff given the critical timeline to complete. As a professional company experienced in fund raising, TEM has the qualifications necessary to complete the service as required. We are asking for an exemption to the process as permitted in sec. 2.564. (1) (a) of the City code of ordinances.