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SERVICE CONTRACT TO PROVIDE A PROFESSIONAL SPEAKER TO PROVIDE TRAINING TO SAMP EMPLOYEESCITY OF CLEARWATER SERVICE CONTRACT THIS CONTRACT, entered into this ()— day of _ilia 2012 by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as "City, " P.O. Box 4748, Clearwater, Florida 33758 and (Bono Communications & Marketing, LLC), a (Florida) corporation, hereinafter referred to as "(Michelle Bono)," (3493 Gardenview Way, Tallahassee, FL 32309). WHEREAS, the City (requires the services of a professional speaker to provide training for SAMP employees); and WHEREAS, (Michelle Bono) agrees to (provide training to SAMP employees); NOW THEREFORE, in consideration of the promises stated herein, the City and (Michelle Bono) mutually agree as follows: 1. SCOPE OF PROJECT. (Michelle Bono) agrees to provide _professional speaker services under the terms and conditions described in attached Exhibit "A." 2. TIME OF PERFORMANCE. This Contract shall commence on April 11, 2017 and terminate on April 12, 2017. 3. COMPENSATION. The City will pay (Michelle Bono) a sum not to exceed $ 5.200 , inclusive of all reasonable and necessary direct expenses. The City may, from time to time, require changes in the scope of the project of (Michelle Bono) to be performed hereunder. Such changes, including any increase or decrease in the amount of (Michelle Bono)'s compensation and changes in the terms of this Contract which are mutually agreed upon by and between City and (Michelle Bono) shall be effective when incorporated in written amendment to this Contract. 4. METHOD OF PAYMENT. (Michelle Bono)'s invoice shall be submitted to the City for approval for payment on a one -time basis. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218.70. The City's performance and obligation to pay under this Contract is contingent upon an annual appropriation of the City's budget. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. (Bono Communications & Marketing) City of Clearwater Michelle Bono Sandy Clayton Name Title Name Recreation Coordinator Title 3493 Gardenview Way P.O. Box 4748 Tallahassee, Florida 32309 Clearwater, Florida 33758 (850)264 -4233 (727)793- 2339x248 6. TERMINATION OF CONTRACT. The City at its sole discretion may terminate this Contract by giving (Michelle Bono) a ten (10) day written notice of its election to do so and by specifying the effective date of such termination. (Michelle Bono) shall be paid for its services through the effective date of such termination. Further, if (Michelle Bono) shall fail to fulfill any of its obligations hereunder, this Contract shall be in default, the City may terminate the Contract, and (Michelle Bono) shall be paid only for work completed. 7. INDEMNIFICATION AND INSURANCE. (Michelle Bono) agrees to comply with all terms, provisions, and requirements contained in Exhibit "B" attached hereto and made a part hereof as if said document were fully set forth at length herein. 8. PROPRIETARY MATERIALS. Upon termination of this Contract, (Michelle Bono) shall transfer, assign and make available to City or its representatives all property and materials in (Michelle Bono)'s possession belonging to or paid for by the City. 9. INTERESTS OF PARTIES. (Michelle Bono) 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 and /or provision of services required under the terms and conditions of this Contract. 10. CONFORMANCE WITH LAWS. (Michelle Bono) agrees to comply with all applicable federal, state and local laws during the life of this Contract. 11. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 12. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. 13. CONDITIONS AND ASSURANCES. A. Access to Records: Consultant agrees that Client or any of its duly authorized representatives shall have access to any books, documents, papers, and records of the Consultant for the purposes of making audit, examination, excerpt, and transcripts. B. Retention of Records: The Consultant will be required to comply with Section 119.0701, Florida Statutes, specifically to: a. Keep and maintain public records required by the City of Clearwater to perform the service; b. Upon request from the City's Custodian of Records, provide the City of Clearwater with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer to the City of Clearwater; and d. Upon completion of the contract, transfer, at no cost, to the City of Clearwater all public records in possession of the contractor or keep and maintain public records required by the City of Clearwater to perform the service. If the Consultant transfers all public records to the City of Clearwater upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City of Clearwater, upon request from the City of Clearwater's Custodian of Public Records, in a format that is compatible with the information technology systems of the City of Clearwater. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, ROSEMARIE CALL AT 727 - 562 -4090, rosemarie.calIc myclearwater.com, and /or 112 S. Osceola Ave., Clearwater, FL, 33617 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. Approved a to form: (Name) Mat ew Smith Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: W 144-AA,Q27-T1 William B. Horne II City Manager Attest: Rosemarie Call City Clerk Print Name: fk-(M Bono Communications & Marketing, LLC Title: By Yid rr 6z11-(7- Print Name: �� e3-63Z) /14 ipte,vcaz-0 To: From: Date: Re: EXHIBIT `A' Invoice Clearwater #2017004 Sandy Clayton City of Clearwater M. Michelle Bono Bono Communications & Marketing, LLC February 7, 2016 Invoice for Professional Training Services Services Provided: SAMP Employee Training at the Ross Norton Recreational Center on April 11 -12, 2017, from 8:30 a.m. to 4:30 p.m. each day. The training focuses on moving the organization from good to great, with interactive exercises and scenarios. The City of Clearwater is to provide the meeting space, handouts, any refreshments, presentation equipment, easels, easel pads, and markers. The contract fee includes all other expenses including meetings /conversations in preparation for the training, development of a unique curriculum focused on the needs as prescribed by Clearwater representatives, presentation of the training to four classes of SAMP employees, and all travel, meal and lodging expenses. Professional fees for training / facilitation $5,200.00 Payment should be addressed to the following and provided to Sandy Clayton to be delivered at the completion of training on April 12, 2017. Bono Communications & Marketing, L.L.C. 3493 Gardenview Way, Tallahassee, FL 32309 Employer Identification # 81- 1586317 Thank you for the opportunity to work with the City of Clearwater. EXHIBIT `B' (intentionally blank - not applicable)