IMAGING SYSTEM NEEDS ASSESSMENT REPORT
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CONSULTING SERVICES AGREEMENT
This AGREEMENT made this ~ day of April, 2000, by and between the City of
Clearwater, Florida (City), P. O. Box 4748, Clearwater Florida 33758-4748, and Identitech, Inc.
(Consultant), a Florida corporation, 780 South Apollo Boulevard, Melbourne, Florida 32901.
WHEREAS, City desires to have Consultant provide consulting services for an imaging
system needs assessment report; and
WHEREAS, Consultant agrees to provide the consulting services described herein,
under the terms and conditions of this Agreement;
NOW THEREFORE, the City and Consultant do agree as follows:
1. SCOPE OF PROJECT. Consultant agrees to provide an imaging system needs
assessment report. The report will include, but is not limited to analysis and requirements
definition for all FYI interfaces, object model, data attribute definition, construction of FYI
application and libraries, FYI security definition and custom report definitions. Such report shall
be for Phase I and shall be submitted to the City for approval prior to payment.
2, TIME OF PERFORMANCE. To be completed within thirty (30) days from the
date of this agreement.
3. REPORTS. Consultant agrees to provide to City reports on the Project upon
request by the City.
4. COMPENSATION. The City will pay Consultant a sum not to exceed
$10,600.00, inclusive of all reasonable and necessary direct expenses. 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 mutually agreed upon by
and between City and Consultant shall be effective when incorporated in written amendment to
this Agreement.
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5. METHOD OF PAYMENT. Consultant shall bill City, and 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, Lou Agger 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 Cynthia Goudeau, 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 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
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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. Without limiting its liability under this Agreement,
Consultant shall procure and maintain during the life of this Agreement professional liability
insurance. 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.
IN WITNESS WHEREOF, the City and Consultant, have executed this
Agreement on the date first above written.
CITY OIr; CLEARWATER, FLORIDA
By: _
chael J. Roberto
City Manager
Approved as to form:
~
o n arassas
Assistant City Attorney
Attest:
IDENTITECH, INC.
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BY:~
Its: . ~s..
IdentllllCh InI8nlel Review 4-