CONSULTING SERVICES - VALUING DIVERSITY TRAINING (2)
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CONTRACT FOR CONSULTING SERVICES
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This AGREEMENT made this ~ day ofOc..k,~ , 1991, by and between the City of
Clearwater, Florida (City), P. O. Box 4748, Clearwater Florida 33758, and James E. Tokley, Sr., (Consultant), 2118
West Carmen Street, Tampa, Florida 33606.
WHEREAS City selected Consultant to provide valuing diversity training services.
NOW THEREFORE, the City and Consultant do hereby mutually agree as follows:
1. SCOPE OF PROJECT. Consultant agrees to provide valuing diversity training services under
the following terms and conditions. Consultant will train 20 - 25 employees per session. Each group of employees
will be trained in two separate sessions, each session lasting four hours. Consultant will train all City employees
who are first line supervisors and above. There are approximately 130 supervisory employees. Consultant will
conduct ten two-part training sessions.
2.
TIME OF PERFORMANCE.
These diversity training sessions will be conducted October 8,
1999 through February 2,2000.
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 $9,000.00. The City
will provide facilities and refreshments for the training sessions at its own expense. 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.
5.
METHOD OF PAYMENT.
Consultant shall bill City within 30 days after the completion
of training of each employee group. 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. James E. Tokley, Sr. will be designated as Project
Director for this project by Consultant to manage and supervise the performance of this Agreement on behalf of
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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 Michael Roberto, City Manager, or his 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 ten (10) 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 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
coverage. 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.
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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 day and year first
above written.
Approved as to Form:
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John Carassas, Assistant City Attorney
CITY F CLEARWATER, FLORIDA
By:
Michael 1. Roberto, City Manager
Attest:
i E. Goudeau, City Clerk
Witnesses as to Consultant: