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LETTER OF AGREEMENTCONSENSUS CENTER `Facilitating Consensus Solutions, Supporting Collaborative Action." Florida State University UCC6140, 296 Champions Way, Tallahassee, FL 32306-2641 Phone: (850) 644-6320 Letter of Agreement This Letter of Agreement between the Florida State University Board of Trustees, a public body corporate of the State of Florida, acting for and on behalf of the Florida State University (FSU), Florida Conflict Resolution Consortium (FCRC Consensus Center) and the City of Clearwater serves to outline the conditions and terms agreed upon by all parties of the stated project. The signatures below indicate acceptance of the terms of the agreement as reviewed by both parties. Project Title: Strategic Plan Implementation Strategy Council Workshops Project Timeframe: January 2025 to March 2025 Project Services: Preparation and planning Initial Council member interviews and summary Agenda development Council Workshops (2) Summary of Council discussions and conclusions TERMS: 1, the undersigned, agree: 1. The FCRC Consensus Center will provide meeting planning and facilitation services as outlined above and in the attached scope of work. 2. Payment of 514,026 will be made for the above services to Florida State University. FSU will invoice $14,025 by or on March 30, 2025. 3. All special exceptions, modification and amendments to this Agreement must be in writing and agreed upon by both parties. 4. This Agreement is construed under the laws of Florida, with venue in Leon County, and FSU/FCRC by signing this Agreement does not waive sovereign immunity. 5. In the event of a dispute, the Parties agree to go to mediation before filing a lawsuit. Each Party agrees to be liable and responsible for its own legal costs and expenses, including its own attorney fees. Please direct any questions regarding this agreement to Erin Fee at the Consensus Center at esfee@f§u.edu. If these arrangements are satisfactory, please countersign this agreement as indicated and return tooErin Fee at esfee@fsu.edu. A fully executed version will be returned to you via email. Name to be added Jennifer Poirrier, City Manager Florida State University City of Clearwater, Florida Name Date Name v Date 1 CONSENSUS CENTER ".facilitating Consensus Solutions, Supporting Collaborative Action." Florida State University UCC6140, 296 Champions Way, Tallahassee, FL 32306-2641 Phone: (850) 644-6320 POSSIBLE SCOPE OF SERVICES IN SUPPORT OF STRATEGIC PLAN IMPLEMENTATION WORKSHOPS FOR THE CITY OF CLEARWATER FLORIDA 9-6-25 SERVICES The Consensus Center will provide the services described below in close coordination with city staff. Initial interviews with Council members and staff, Interviews and Summary Report The Consensus Center will conduct initial interviews with Council members and others as directed. The purpose of the initial interviews will be to: • Review and answer questions about upcoming workshop discussions • Identify and explore issues that members believe should be addressed in the process The Consensus Center will prepare a report summarizing, without attribution, the issues and suggestions identified In the interviews. The summary will include a draft agenda and plan for the sessions that reflects information gathered in the interviews. Strategic Planning Implementation Workshop Session 1 The Consensus Center will design and facilitate an initial half-day Council workshop to: • Review current strategic plan goals • Review budget and revenue trends jtimeframe TBD) • Identify and explore alternative potential budget strategies for implementation of strategic plan priorities Following the workshop the Center will prepare a bullet point summary of discussions and conclusions to frame discussions at Session 2. Strategic Planning Implementation Workshop Session 2 The Consensus Center will design and facilitate a second half-day workshop to: • Review additional information • Review revised alternatives • Develop direction for staff 2 Reports The Center will prepare an interim summary of discussions at Session 1 that memorializes key points of discussions and conclusions, and can serve as a starting point for discussions at Session 2. The Center will prepare a final report that documents key points of discussion and all conclusions reached during the strategic plan implementation discussions and includes a road map forward. COSTS FOR PROFESSIONAL TIME All costs are based on a rate of $1,500 per facilitator per day Initial Interviews and Summary Report $3,751 Strategic Planning Workshop Sessions 1 & 2 $6,000 Interim and Final Report $3,000 Subtotal Professional Time $12,751 FSU Overhead (10%). $1,275 TOTAL PROFESSIONAL TIME AND OVERHEAD $14,026 Estimated Travel $1,576 Travel will be billed separately at cost, and consistent with State of Florida guidelines. 3 City of Clearwater Strategic Plan Implementation Workshops PROFESSIONAL TIME Rehr for facilitator time, per day per facilitator S1.500 Tyska oiretfvflhe ESTIMATED COSTS FOR PROFESSIONAL TIME DRAFT 1/6/2024 MOW Hal Atllyitylime Activity Cost Cori Fat arorlahopr lime In drys Tina In date For 2 facNtators inaetltngr unit of task or deliverable thimble Total Task TOTALCGSgs of Thee Cost worbbop, moodily, united task or Process Assessment latenkws heavier scheduling end prep 0.25 0.25 05 0.75 Interviews — $ one hour atmviews. 0.75 0.75 15 $2,250 Summery Report 0.5 0.5 1 $1,500 $5,751 3 2.5 $5,751 Strategic Plan Impl.mentatlon Reheat Materielsprep sod ptomain with staff 0.5 0.5 1 $1,500 Padthate Worinhop.l Cmdu4hng travel timid .5 rare) 0.75 0.75 1.5 $2,250 PedkWe Workshop 2 (mdud ng Havel damn .5 Tarr) 9.75 0.75 1.5 $2.250 $4000 1 4 $6,000 Reports Reimer 1InterimDiscussion Smarmy 0.5 0,5 1 $1,500 Summary of discussions end aarchsions 0.5 05 1 $1,500 $3,000 1 2 $3,000 SUBTOTALS FOR FAQU#ATOR DAYS AND COST 11,5 $12,761 SURTQT;AL ESTIMATED COST FOR CONSENSUS CENTVt TIME $11,751 FSU Warhead (2%) $1,275 SSTIMATID TOTAL FOR TRAWL Trawl will be tlfedseparately atcostand consistent with State of Florida Guidelines ErtMwted arts per trip parfadlkator TOTAL -1 trip 1 fad*.tor TOTAL -4 Trips (2 fectpMon, 2 trips lark) Hotel 5160 Meals and perdlem '$110 Car rental (2 days) $64 Fuel $60 $394 $14.026 THE FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES ON BEHALF OF FLORIDA STATE UNIVERSITY AND THE CITY OF CLEARWATER, FLORIDA CLIENT SERVICE ADDENDUM THIS ADDENDUM ("Addendum") is made as of the date last signed below (the "Effective Date") by and between the Florida State University Board of Trustees, a public body corporate of the State of Florida, acting for and on behalf of the Florida State University, (hereinafter "FSU"), whose address is 222 S. Copeland Street, Westcott Building — Suite 211, Tallahassee, Florida 32306-1480 and the City of Clearwater, Florida (hereinafter "CLIENT"). This Addendum provides additional terms to the attached Letter of Agreement, Order Form(s), Service Order Form(s), and/or any other additional Terms and Conditions related to this Agreement ("Agreement"). NOW THEREFORE, in consideration of the premises, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, FSU and CLIENT agree as follows: 1. Precedence. This Addendum and the Agreement supplement each other, should be read together, and in case of a conflict between the terms of this Addendum and the Agreement, the terms of this Addendum shall govern regardless of any order of precedence stated in the Agreement. If a Client Purchase Order is issued to FSU, this Agreement and Addendum shall supersede any conflicting Terms and Conditions of Client's purchase order. 2. Invoicing and Payment. FSU will invoice CLIENT for fees upon delivery of services per the Agreement, referenced herein. The invoice shall include all applicable and appropriate remittance information as follows: Mail: Florida State University Attention: Erin Fee 296 Champions Way UCC 6140 Tallahassee, FL, 32306-2641 Email: esfee@fsu.edu 3. Termination of Agreement. The Agreement may be terminated: 1) by mutual consent of FSU and CLIENT; or 2) upon thirty (30) days' written notice by either FSU or CLIENT with or without cause; or 3) unilaterally by FSU for cause, including without limitation, CLIENT's refusal to allow access all documents, papers, letters and materials made or received in conjunction with the Agreement that are subject to Chapter 119, F.S., and are not exempt from public inspection by Sec. 119.07(3), F.S., or by other provisions of general or special law. 4. Insurance. The parties agree that FSU is an agency of the State of Florida, and is thereby covered by state risk management / self-insurance program(s) pursuant to Florida law and subject to the limitations and partial waiver of sovereign immunity set forth in section 768.28, Florida Statutes, which provides, inter alia, a limited waiver of sovereign immunity by its agencies in the amount of $200,000 per person and $300,000 per occurrence for tort claims. Further, the parties agree that FSU cannot name another party as an additional insured because the State of Florida's sovereign immunity is not transferable to another party. Accordingly, the parties agree that FSU's self-insurance coverage described hereinabove shall be deemed sufficient and acceptable in all respects whatsoever. 5. Indemnification. Each party agrees to be solely responsible for the negligent or wrongful acts of its employees, agents and representatives arising out of that party's respective tasks and duties that are the subject of the Agreement. This recognition by the parties is intended to be consistent with the State's waiver of sovereign immunity pursuant to Section 768.28, Florida Statutes and the Florida Supreme Court's Page 1 of 3 decision in Florida Department of Natural Resources v. Garcia, 753 So.2d 72, 77- 78 (Fla. 2000), and does not alter such waiver, waive any lawful defense, or extend liability of either party beyond the provisions established in Section 768.28, Florida Statutes. 6. Compliance with Laws. In the performance of the Agreement, FSU and CLIENT shall, at its own expense, at all times during the term of the Agreement: (A) comply with all applicable federal, state, and local laws, rules, regulations, and ordinances and all other governmental requirements as applicable and required within industry standard; and (B) have all applicable governmental permits, licenses, consents, and approvals necessary to perform its obligations under the Agreement. 7. Public Records. FSU is a public body corporate of the State Florida and certain information, including this Agreement, may be subject to Chapter 119, Florida Statutes (the "Florida Public Records Act") and would require disclosure as a "public record" upon request. FSU retains the right to make interpretations of its duties and obligations under the law and any disclosure of information by FSU pursuant to the Florida Public Records Act shall not be considered a breach of this Agreement. CLIENT agrees to allow public access to all records, documents, papers, letters or other material subject to the provisions of the Florida Public Records Act and made or received in conjunction with this Contract. Refusal by CLIENT to allow such public access will be grounds for immediate cancellation of this Contract by FSU. 8. Confidentiality of Information, Non -Disclosure. Each party acknowledges that its employees may, in the performance of the Agreement come into the possession of proprietary or confidential information owned by or in the possession of the other. Neither party will use any such information for its own benefit or make such information available to any person, firm, corporation, or other organizations, whether or not directly or indirectly affiliated with either party unless required by law, regulation, or accounting oversight body. If CLIENT is exposed to FSU' s confidential information, CLIENT will keep such information confidential. Confidential information shall not include information that is public record pursuant to Florida law (Florida Statutes Chapter 119), and FSU will respond to public records requests. This provision shall survive termination of the Agreement. 9. Prohibitions. Unless expressly and specifically authorized in writing by FSU in advance, CLIENT is prohibited from (a) using FSU's name, trademarks, logos, or other marks (collectively herein known as the "Marks") without FSU's prior written approval; (b) incurring any debt or obligation on behalf of FSU; (c) entering into any Agreement, arrangement, or transaction which binds FSU to any extent or creates any obligation on FSU; and/or (d) utilizing FSU's name, credit, reputation, good -will, resources, and/or assets for any purpose without the prior and explicit written approval of FSU. 10. Survival. All obligations of the parties under the terms of this Agreement as of the date of termination shall survive such termination. 11. Headings. The headings throughout the Agreement and Addendum(s) are for reference only and are not given legal effect. 12. Severabilitv. If any provision of the Agreement and Attachment (s) is declared unenforceable or invalid, the remaining provisions will remain in force. 13. E -Verify. FSU is obligated to comply with the provisions of Section 448.095, Fla. Stat, "Employment Eligibility." Compliance with Section 448.095, Fla. Stat., includes, but is not limited to, utilization of the E - Verify System to verify the work authorization status of all newly hired employees. CLIENT affirms and represents that it is registered with the E -Verify system and are using same, and will continue to use same as required by Section 448.095, Fla. Stat. 14. Entire Agreement. The Agreement and this Addendum represent the entire Agreement between the parties, and supersede any and all prior agreements, negotiations and proposals, written or oral, relating to the subject matter. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set below above. Page 2 of 3 FSU: CLIENT: FLORIDA STATE UNIVERSITY BOARD OF CITY OF CLEARWATER, FLORIDA TRUSTEES Signature: Signature: Name: Title: Date: Date: Name: Jennifer Poirrier Title: City Manager Page 3 of 3