Loading...
FUNDRAISING SERVICES FOR 1999 TRANSFORMING LOCAL GOVERNMENT CONFERENCE k. I I CONSULTING ;~E~7;P;)~?J This AGREEMENT made this day of 199I:--bY and between the City of Clearwater, P. O. Box 4748, Clearwater Florida 33758 (City), and Beth Rawlins, Inc., 803 Harbor Drive, Belleair Beach, Florida 33786 (Consultant). WHEREAS, City desires to obtain fundraising services for the 1999 Transforming Local Government Conference scheduled for May, 1999; and WHEREAS, City selected Consultant to provide fundraising services under the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: 1. SCOPE OF PROJECT. Consultant agrees to provide fundraising services under the terms and conditions described in Exhibit "An. 2. TIME OF PERFORMANCE. All fundraising must be completed by May 1, 1999. 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 Fifteen Thousand Dollars ($15,000.00), based on the terms and conditions described in Exhibit "A". 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. City agrees to pay after approval of the City Project Manager a sum equal to ten percent (10%) of the money raised at the end of each month, to the Consultant, under the terms of the Florida Prompt Payment Act F.S. 218.70. O~. ~. /16 /' i7{) (;) t. I I 6. CONTACTS FOR RESPONSIBILITY. Beth Rawlins will be designated as Project Director for this project by Consultant to manage and supervise the performance of this Agreement on behalf of 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 John Asmar, Planning and Development Services Administrator, as Project Manager, for all matters relating to this Agreement. 7. TERMINATION OF CONTRACT. The City at its sole discretion may terminate this contract by giving Consultant five (5) 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 2 f , " I I 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. 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. 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 date first above written. CITY OF CLEARWATER, FLORIDA BY:~ - ichael J. Roberte, City Manager Approved as to form: C C?" --.:::, John Carassas, Asst. City Attorney Attest: "r ~ . <>0' ..~ ia E. Gouaeau, City Clerk,,' BETH RAWLINS, INC: By: ffi~ ~/.~'s Beth Rawlins Its: President 3 ~ , ; I I EXHIBIT A TRANSFORMiNG LOCAL GOVERNMENT CONFERENCE Fundraising Scope of Services . All funds raised will be used to support the Transforming Local Government Conference. . Primary targets for fundraising will be local vendorsl contractors, followed by corporate entities outside of the local contact base. . Consultant will receive 10% of funds received by City, but in no event shall exceed $15,000. . Goal amount of funds to be raised is approximately $150,000. . Only funds raised directly through Consultant contacts will be subject to a 10% commission. . Consultant will be reimbursed when sponsor checks have been deposited and all funds made available. . Sponsors must be approved by the City. . City must be apprised and approve of fundraising strategy. . Fundraising will need to be complete by May 1, 1999. . Agreement can be terminated at will upon five (5) days written notice.