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HomeMy WebLinkAbout6028 Dr. Bryant T.Marks, Sr. Like Minds, LLC dba National Training& Education Institute Consultant Agreement This training/presentation services agreement is made between Dr. Bryant T. Marks, Sr. (hereinafter "Speaker" or"Consultant") and The City of Bremerton ("Client") for training and/or consulting services. I. Event Date(s): The trainings will be held November 21 - 22, 2019. II. Event Format: The format of these events are Four Half Day Implicit Bias Workshops over two days III. Lecture/Training Topic: Speaker will customize the presentation/training to Client's area of interest or focus, if applicable, and as requested by the client to the best of his ability. IV. Scope of Service Speaker/Consultant agrees to provide the services described as follows: 1.1.1. Two Half Day Implicit Bias and Cultural Competency Workshops for the City of Bremerton employees, November 21, 2019 1.1.2. Two Half Day Implicit Bias and Cultural Competency Workshops for the City of Bremerton employees, November 22, 2019 V. Location of Event: TBD VI. Time: TBD Anticipated starting times specified in this agreement are subject to minor modifications because of unanticipated occurrences, are of the essence and hence, Speaker is required to be at place of lecture a sufficient period of time prior to scheduled time of commencement to permit timely presentation. VII. Fees and Expenses: Client will be charged a total of 514,000 hille,ft monthly after the presentation/training and/or consulting services. Each half day session is billed as $3,500 per session unless the number of participants reach 200 or more. In the event a workshop has 200 or more participants the client will be billed and extra $1000 for that session. Additional sessions or specialized sessions require a separate fee to be negotiated when training is booked. VIII. Indemnification: Each party shall defend,indemnify and hold the other party, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with its performance of this Agreement. IX. Cancellation by Organization: Event notice of cancellation is subject to the following cancellation fee terms: If cancellation is (60) sixty days prior to the event, there is no cancellation fee. If cancellation is between (1) one to (3) weeks prior to the event, Client shall pay (25%) twenty-five percent of Speaker fee. If cancellation is (1) one week prior to event, Client shall pay (50%) of Speaker's fee. Cancellation fees are based upon the gross Speaker fee that was agreed upon. Cancellation fees must be paid within (5) five business days of notice of cancellation or a ($100) one hundred dollar per day late fee shall be paid by Client. Notice of cancellation must be in writing. X. Cancellation by Speaker: If due to illness,accident or other causes legally known as acts of God,and Speaker is forced to cancel this agreement, neither party, nor any representative shall be liable for any payment. Speaker will, however,work with Client to reschedule to a mutually agreeable date and time. XI. Copyright: The speech or any materials distributed that may accompany it are the sole intellectual property of Speaker. They may not be copied, sold,broadcasted on television, radio,podcasted,webcasted, sampled for musical productions or given away without the express written consent of Speaker, his multimedia company or his estate. Speaker reserves the right to videotape himself giving the presentation/training as long as the Client nor attendees are captured on tape and any verbiage identifying the Client is removed from public use of the video. Speaker will inform Client in advance if he plans to video-record himself. XII. Independent Contractor: Speaker, its officers, agents and employees, in the performance of this Speaker Agreement shall act in the capacity of independent contractors.As such,the parties will be responsible for their own acts of negligence as determined by law. Speaker is responsible for all taxes on payments received from Client. XIII.Payment of Fees: Client will be invoiced via electronic mail for payment(s) per the schedule outlined in section VII. Payments are due thirty (30) calendar days after receipt of invoice. XIV.Speaker's Rider: The rider attached states specific speaker requirements for travel, lodging,and purchase of Speaker's books (if applicable). Client shall reference rider specifically for these matters. XV.Applicable Law: This agreement shall be governed by the laws of the State of Washington and any applicable federal law. XVI. Entire Agreement: This speaker agreement and rider constitutes the entire agreement between the parties. This agreement may be modified or amended in writing signed by authorized signatories of the Speaker and Client. Signed this September 17, 2019. ACCEPTED BY: Bryant T.Marks, Ph.D. ` 6yeui7 92/(a-C,44-- - Bryant T. Marks ACCEPTED BY: City of Bremerton 4Mir.i AI orized Signatory Dr.Bryant T.Marks,Presentation/Training Rider Travel Flight arrangements will occur via the following process (check one); Speaker will provide the Client with a preferred flight itinerary; Client will purchase ticket.If an alternative itinerary to the one provided by the Speaker is available with very similar departure dates and times at a savings of$100 (one hundred dollars) or more,then the Client will inform the Speaker so that the Speaker can either pay the difference between the preferred and alternative itineraries or accept the alternative itinerary. Required flight information follows: Full name: Bryant Thomas Marks; Date of birth: 4/17/72 Speaker will purchase ticket and be reimbursed by Client within 14 (fourteen) calendar days of receiving a receipt of purchase from the Speaker.If the Speaker cancels the presentation/training or does not provide the presentation/training("no-show") due to his own negligence after receiving reimbursement from the Client,then the Speaker will refund the reimbursement to the Client within 14 days of the scheduled presentation/event. X Speaker will purchase ticket and WILL NOT be reimbursed by client. Hotel arrangements will occur via the following process (check one): Speaker will reserve and pay for his room at a hotel and rate agreed upon by the Client and Speaker and WILL be reimbursed by the Client (included in price). X_Speaker will reserve and pay for his room and WILL NOT be reimbursed by the Client. Client will reserve and pay for a room at a hotel agreed upon by the Client and Speaker Ground Transportation will include the following routes unless otherwise specified: • To airport in departure city • From airport to venue,hotel, or designated location agreed upon by Client and Speaker in city where presentation/training will occur • From venue,hotel,or designated location agreed upon by Client and Speaker in arrival city to airport • From airport to home,place of employment,or other location agreed upon by Client and Speaker Payment for ground transportation will occur via the following process (check one): Speaker will pay for ground transportation and WIIL be reimbursed by Client within 21 (twenty one) calendar days of receiving receipt from Speaker. Speaker will pay for ground transportation and WILL NOT be reimbursed by Client (included in price). Client will provide ground transportation for Speaker.