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EVALUATION OF WEED AND SEED GRANT PROGRAM \. I I CONSULTING AGREEMENT ~ THIS AGREEMENT is made and entered into this /3 day of ~ 1999, by and between the University of South Florida, acting for an n ~ehalf of the Board of Regents, a public corporation of the State of Flonda, Carnot Nelson, Ph.D., Department of Psychology, hereinafter referred to as "Consultant," and the City of Clearwater, a municipal corporation, hereinafter referred to as "City." WIT N E SSE T H: WHEREAS, the City is in need of assistance in the area of grant evaluations for the Weed and Seed Grant provided by the United States Department of Justice, Executive Office for Weed and Seed; and WHEREAS, the Consultant has agreed to perform consulting work for the City in grant evaluation and other related activities for the City; NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Consultant and City hereby agree as follows: 1. TERM This Agreement shall commence on the 15th day of July, 1999, and shall terminate on the 30th day of November, 1999, unless earlier terminated by either party hereto. Either party may terminate this Agreement upon thirty (30) days period written notice. Extension of the termination day of this contract may be made by written notice and agreement by both parties to the extension. 2. CONSULTANT'S SERVICES Consultant shall be available and provide to the City professional services in the area of grant evaluations (hereinafter referred to as "Consulting Services"). These Consulting Services shall consist of the following phases: Phase I: Evaluation Strategies . Assist in tailoring and establishing baseline measures . Assist in providing outcome assessment criteria . Assist in devising survey instruments Phase II: Grant Evaluation . Site visitations . Examination of all data collected O~-)//3 . -- @) I I . Application of qualitative and quantitative statistical measures to project data . Analysis of project solution( s) . Provide conclusion concerning the impact of the project solution(s) . Supply two (2) copies of the final evaluation report to the City Consultant shall perform such services according to the Schedule of Services attached hereto as Exhibit A. 3. CONSIDERATION In consideration of the Consulting Services to be provided and performed by the Consultant under this Agreement the City will pay the Consultant an amount not to exceed $4,812. The first payment in the amount of $2,406 is to be paid by August 15, 1999. The City shall pay the Consultant the remaining balance due pursuant to the receipt of required final reports according to the Florida Prompt Payment Act, F.S. 218.70. 4. ADDITIONAL SERVICES No additional services or expenses will be undertaken or incurred without express written prior approval by the City. 5. INDEPENDENT CONTRACTOR Nothing contained herein or any document executed in connection herewith shall be construed to create an employer-employee partnership or joint venture relationship between the City and the Consultant. The Consultant is an independent contractor and not an employee of the City or any of its subsidiaries or affiliates. The consideration set forth in Section 3 shall be the sole consideration due the Consultant for the service rendered hereunder. It is understood that the City will not withhold any amounts for payment of taxes from the compensation of the Consultant hereunder. The Consultant will not represent to be or hold itself out as an employee of the City and the Consultant acknowledges that it shall not have the right or entitlement in or any of the pension, retirement or other benefit programs now or hereafter available to the City's regular employees. Any and all sums subject to deductions, if any, required to be withheld and/or paid under any applicable state, federal or municipal laws or union or professional guild regulations shall be the Consultant's sole responsibility and the Consultant shall indemnify and hold the City harmless from any and all damages, claims and expenses arising out of or resulting from any claims asserted by any taxing authority as a result of or in connection with said payments. upft ~y *to the extent permitted by Florida Law 2 I I 6. CONFIDENTIALITY In the course of performing consulting services, the parties recognize the Consultant may come in contact or become familiar with information which the City or its subsidiaries or affiliates may consider confidential. This information may include, but is not limited to, legal or investigative matters that may not be public record. The Consultant agrees to keep all such information confidential and will not discuss it or divulge it to anyone other than appropriate City officials or their designees. 7. CONSULTANT'S TAXPAYER 1.0. NUMBER The taxpayer 1.0. number of the Consultant is 59-3102112. 8. INSURANCE The University is an institution of the State of Florida, and its "self insurance" limitations are provided by law. The University is provided with comprehensive general liability insurance with the limits of $100,000.00 per person, $200,000.00 per occurrence, pursuant to the terms and limitations of Florida Statutes, Section 768.28 and Florida Statutes, Chapter 284, Part II. 9. COMPETENT WORK All work will be done in a competent, professional manner in accordance with applicable standards of the profession and all services are subject to the final approval by a representative of the City prior to payment. 10. REPRESENTATION AND WARRANTIES The Consultant will make no representation, warranties, or commitments binding the City without the City's prior consent and approval. 11. LEGAL RIGHT The Consultant covenants and warrants that it has the unlimited legal right to enter into this Agreement and to perform in accordance with its terms without violating the rights of other or any applicable law and that it has not and shall not become a party to any other agreement of any kind which conflicts with this Agreement. Breach of this warranty shall operate to terminate this Agreement automatically without notice as specified in Section 1 and to terminate all obligations of the City to pay any amounts which remain unpaid under this Agreement. 3 I I 12. THE WAIVER Failure to invoke any right, condition, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure. 13. NOTICE Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly addressed to the appropriate party at the address set forth below: A. NOTICES TO CONSULTANT: Carnot E. Nelson, Ph.D. University of South Florida Department of Psychology College of Arts & Sciences 4202 East Fowler Avenue, BEH 339 Tampa, FL 33620-8200 B. NOTICES TO CITY: Mail to: Sid Klein, Chief of Police Clearwater Police Department 645 Pierce Street Clearwater, FL 33756 With a copy to: City Attorney's Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758 14. ENFORCEABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be impaired. 15. ENTIRE AGREEMENT AND AMENDMENTS This Agreement constitutes the entire agreement of the parties with regard 4 I I to the subject matter hereof, and replaces and supersedes all other agreements of understandings, whether written or oral. No amendment or extension of this Agreement shall be binding unless in writing and signed by both parties. 16. BINDING EFFECT, ASSIGNMENT This Agreement shall be binding upon and shall inure to the benefit of the Consultant and the City. Nothing in this Agreement shall be construed to permit the assignment by the Consultant of any of its rights or obligations hereunder, and such assignment is expressly prohibited without the prior written consent of the City. 17. GOVERNING LAW, SEVERABILITY In the performance of this Agreement, each party shall comply with all applicable federal, state and local laws, rules, ordinances and regulations. This Agreement shall be governed by the laws of the State of Florida. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In witness whereof, the parties hereto have set their hands and seals on the date first above written. Countersigned: Approved as to form and legal sufficiency: By' .pMi hael J. Roberto, City Manager Attest: k~:~- UNI !,,<.. vd! ,:.S TO i:,_':W: ...:~(.; LEOAUTV ._-~ '.,. ....".:~..',":.OI;JiI\ ('r:":';:,,',:: 1 U'~F ..'11- ::( 5 , - n I EXHIBIT A 1. Data will be collected to answer the following questions: . Who attends the various programs at the Center? . How frequently do they attend? . What is their satisfaction with the programs? . How many graduates of the Job Skills Training Program have obtained employment? . How long have they remained on the job? . How many graduates have been arrested subsequent to their graduation? 2. Meet with Project staff regarding evaluation plan by July 17-21, 1999. 3. Revise evaluation plan July 24-28, 1999. 4. Receive approval on revised plan August 4, 1999. 5. Develop measurement instruments August 7-11, 1999. 6. Submit instruments for comment August 14-18, 1999. 7. Revise instruments August 21-25, 1999. 8. Data collection and analysis August 28 - October 27, 1999. 9. Report write-up October 3D-November 10, 1999. 10. Draft report submitted November 13, 1999. 11. Comments received on draft report November 20, 1999. 12. Final report submitted November 30, 1999.