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EQUAL EMPLOYMENT OPPORTUNITY PLAN PREPARATION AGREEMENTBALANCE PROFESSIONAL SERVICES, INC. 1653 Bravo Drive Clearwater, FL 33764 (727) 557-6659 BalanceServices2012(a�yahoo.com EQUAL EMPLOYMENT OPPORTUNITY PLAN PREPARATION AGREEMENT This agreement is made on the �� day of �� , 2012 by and between THE CITY OF CLEARWATER, FLORIDA (the City) and BALANC PROFESSIONAL SERVICES, INC. (the Plan Preparer). WHEREAS the City wishes to retain BALANCE PROFESSIONAL SERVICES, INC. to prepare the current Equal Employment Opportunity Plans (EEO Plans) and update the EEO Plan preparation process manual, as needed. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties agree to the following terms and conditions: SECTION I. AUTHORIZATION TO PROCEED AS AN INDEPENDENT EEO PLAN PREPARER. The Plan Preparer 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 Plan Preparer hereby agrees to provide professional services for the following matters: a. Prepare the 2012 EEO Plan for the City of Clearwater workforce. b. Prepare the 2012 EEO Plan for the Clearwater Police Department workforce. c. Update the EEO Plan process manual as may be necessary to include any procedural changes or modifications adopted by the Department of Justice, in order to assist future EEO Plan preparation. SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and the Plan Preparer agree to a total fee of three thousand dollars ($3,000.00) to be paid in one payment upon submission of the 2012 EEO Plans to the Department of Justice. SECTION 4. TERM. This agreement will be effective commencing on the date it is fully executed by the authorized parties. The final work will be completed when the 2012 EEO Plans are submitted to the Department of Justice and any necessary EEO Plan preparation process manual updates are completed, no later than September 1, 2012. SECTION 5. INDEMNIFICATION. The Plan Preparer 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 expenses or liabilities of every kind and character arising out of or due to any negligent act or commission of the Plan Preparer in connection with or arising directly or indirectly out of this agreement and/or the performance hereof. SECTION 6. TERMINATION. In the event that the City should terminate this agreement, other than Page2 of 2— Equal Employment Opportunity Plan Preparation Agreement for a failure to perform by the Plan Preparer, the then remaining portion of the contract compensation due to Plan Preparer shall be paid. SECTION 7. ATTORNEY 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 the jurisdiction for such action shall be in a court of competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the City and the Plan Preparer have executed this agreement effective as of the date first written above. B r� A roved as to form: L�• y� PP illiam B. Horne II, City Manager Pamela Aki , City Attorney by: � Kathy FESSIONAL S�RV�ICES, INC. , ��� � hZ Ct�� �c.. � Rosemarie Call, City � — V ► OF T-"EC /�� I ,s� � i � -� � �/�