EQUAL EMPLOYMENT OPPORTUNITY TRAINING CONSULTANT
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EEO TRAINING SERVICES AGREEMENT
THIS AGREEMENT is made on the 3()fJ. day of _November ,2004, by
and between the CITY OF CLEARWATER, FLORIDA (the "City") and Michael Burke
Independent EEO Training Consultant ("Consultant").
WIT N E SSE T H:
WHEREAS, the City wishes to retain Michael Burke to serve as an Independent
EEO Training Consultant in the following matters.
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS INDEPENDENT EQUAL
EMPLOYMENT OPPORTUNITY TRAINING CONSULTANT. The Consultant is hereby
authorized to provide services as described in this Agreement and for the professional
fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. The Consultant hereby agrees to provide
his professional services for the following matters: Equal Employment Opportunity
Training Consultant services to the City of Clearwater.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Consultant
agree to a rate of $2,000.00 for training consultant services per matter assioned bv the
City Manaoer or his desionee. The maximum fees paid pursuant to this Agreement shall
be $2,000.00 (plus an additional $80.00 per hour in the event the Consultant must give
depositions, go to court, or act as a witness at a later date regarding the Consultant's
services).
SECTION 4. TERM. This Agreement will be effective commencing on the effective
hereof.
SECTION 5. INDEMNIFICATION. The 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 the Consultant in connection with or arising
directly or indirectly out of this Agreement and/or the performance hereof.
SECTION 6. CONFLICT OF INTEREST. It is understood by the City and
Consultant that the Consultant is not aware of any clients that currently present any
conflict between the interests of the City and other clients of the Consultant. If any
potential conflict of interest arises during the time the Consultant is representing the City,
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the Consultant will promptly inform the City. The City is under no obligation to agree to
permit the conflict representation.
SECTION 7. CANCELLATION OF AGREEMENT. The City or Consultant may
cancel or terminate this Agreement upon ten days advance written notice to or from the
Consultant. In the event the City elects to terminate this Agreement, the Consultant shall
immediately cease work hereunder and shall be due the base fee of $2,000 as described
in Section 3 above. In the event the Consultant elects to terminate the Agreement, the
Consultant forfeits the base fee of $2,000. This provision does not apply to the specified
hourly compensation that would be initiated should the Consultant be called to give
testimony as described in Section 3.
SECTION 8. 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 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 the Consultant have executed this
Agreement effective as of the date first written above.
CITY OF CLEARWATER, FLORIDA
By: ~73.~-::o:
William B. Horne II
City Manager
Approved as to form:
Attest:
tLi
Pamela kin
City Attorney
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Michael Burke
Independent EEO Training Consultant
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