Fire Training Services Contract
Between
Florida State College at Jacksonville
and
CUSTOMER
THIS CONTRACT, entered into and effective as of DATE, (the “Effective Date”) by and between
Florida State College at Jacksonville, a political subdivision of the State of Florida, (“College”), and
NAME OF ENTITY, (“Customer”) a Florida CITY, COUNTY, STATE Fire Department.
WHEREAS, College, as part of its mission and goals, offers contract training to respond to workforce
development needs of employers through its Fire Academy of the South; and
WHEREAS, Customer is in need of, and desires to obtain, contract training services from College;
NOW AND THEREFORE, in consideration of these premises and the terms and conditions set forth
herein, the parties agree as follows:
1) DESCRIPTION OF SERVICES. College, through its Fire Training Academy, shall provide
NUMBER hours of fire fighting training (COURSE NAME CONTACT HOURS COURSE
REFERENCE NUMBER) to Customer’s employees on DATE OF COURSE. Training will be
scheduled and delivered in accordance with the terms and conditions herein. Customer acknowledges
College will schedule classes on a space available basis.
a) Customer shall pay College WRITTEN DOLLAR AMOUNT($
for NUMBER of students is WRITTEN DOLLAR AMOUNT($
.00) per student. Total cost
.00).
b) The minimum number of students in this class session is NUMBER. If less than the stated
minimum students report for the assigned training, Customer is still obligated to pay the agreed
upon minimum.
c) In the event Customer cancels a class with less than three (3) days prior written notice, Customer
will still be responsible for the payment of the minimum fee noted above. In the event College
cancels a class with less than three (3) days prior written notice, College’s liability shall be
limited to the return of monetary consideration paid to College under this Contract for the
cancelled class or, with Customer’s approval, the rescheduling of the cancelled class.
d) Customer shall ensure each of its employees completes a College Student Application and a
College Release Form prior to starting training. In the event a student refuses to complete the
Student application or the College Release form, the student shall not be permitted to receive
training and Customer shall be charged for the training.
2) TRAINING LOCATION. Training will be conducted at College’s Fire Academy of the South,
located at College’s South Campus, 2700 Fire Fighter Memorial Drive, Jacksonville, Florida 32246.
3) FINANCIAL ARRANGEMENTS. College will submit invoices no later than thirty (30) days after a
class is scheduled. Customer, or Customer’s Purchasing Agent, shall pay invoices submitted by
College within thirty (30) days of the invoice date. Payment will be made by check, credit card, or
electronic wire transfer to Florida State College at Jacksonville, Finance Department, 501 West State
Street, Jacksonville, Florida 32202.
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4) TERM, TERMINATION, AND AMENDMENT.
a) TERM. This Contract shall be effective as of the effective date first set forth above, and shall
remain in full force and effect until DATE, or completion of training, unless terminated earlier as
described below.
b) TERMINATION. Either party shall have the right to terminate this Contract with our without
cause upon thirty (30) days prior written notification to the other party. Provided however, no
cancellation shall interrupt or interfere with classes already begun during the term such notice is
given. Such termination shall be in writing, signed by the duly authorized officer of the party
terminating the Contract, and shall be sent certified mail, return receipt requested, or overnight
delivery.
c) AMENDMENTS. The terms of this Contract may be amended at any time only by formal written
amendment to this Contract executed by both parties. All amendments shall be attached to and
become a part of this Contract.
5) POLITICAL SUBDIVISION; FLORIDA LAW. The parties hereto acknowledge and agree that
College is a political subdivision of the State of Florida. As such, College’s performance under this
Contract and any amendments hereto or attachments connected herewith, shall at all times be subject
to any and all state laws, state regulations and District Board of Trustee Rules which are applicable to
College’s operations, commitments and/or activities in furtherance of any terms specified herein. The
parties acknowledge the performance under this Contract is subject to the provisions and limitations
of Section 768.28, Florida Statutes (the provisions and limitations of which are not waived, altered, or
expanded by anything herein). Nothing contained herein shall be construed or interpreted as: (i)
denying to either party any remedy or defense available to such party under the laws of the State of
Florida; (ii) the consent of the state of Florida or any party hereunder to be sued; or (iii) a waiver of
sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes.
6) MISCELLANEOUS.
a) APPLICABLE LAW. The validity, interpretation, and enforcement of this Contract shall be
governed by the laws of the State of Florida, without regard to the principles of conflicts of law.
b) USE OF MATERIALS. Unless otherwise provided herein, College owns all rights, including all
intellectual property rights, in all original materials it provides to the Customer or its students
during the delivery of this training, including any curriculum materials. Customer agrees that it
will not permit anyone either to duplicate or reproduce any materials in any manner without
College’s prior written permission.
c) INSURANCE. The Customer, as a City, County or State Fire Department as defined in Florida
Statutes, shall ensure that students attending the class are its employees, are participating in the
training as part of their employment, and are covered under the Customer’s Worker’s
Compensation coverage at not less than the Florida statutory limits.
d) INDEMNIFICATION. Subject to the provisions and limitations of Section 768.28, Florida
Statutes,the Customer agrees to indemnify, defend and hold harmless College, the State of
Florida, and their respective Boards, officers, agents, representatives and employees from and
against any and all claims, liabilities, losses, lawsuits, judgments and expenses, including
attorneys’ fees and court costs, arising directly or indirectly from any negligent act or failure to
act by the Customer or any of its employees which may occur during or arise out of the negligent
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performance of this Contract, whether foreseeable or unforeseeable.
continue beyond termination or expiration of this Contract.
This provision shall
e) INDEPENDENT CONTRACTORS. It is understood that the parties are independent contractors
and shall have neither supervision nor control over the other party’s employees, agents,
representatives and volunteers in the performance of their duties under this Contract. Neither
party shall in any manner use the credit or name of the other party in connection with its business
nor affairs except as specifically authorized in this Contract or as approved in writing prior to
such use by the other party.
f) SEVERABILITY; WAIVER. This Contract is severable such that should any provision of this
Contract be or become invalid or unenforceable, the remaining provisions shall continue to be
fully enforceable. No waiver or delay in enforcement of any breach of any provision of this
Contract shall constitute a waiver of any preceding or succeeding breach or delay in enforcement
of any other provision of this Contract.
7) NOTICES. All notices under this Agreement shall be in writing and delivered by personal delivery or
United States, certified, return receipt requested, mail. Such notices shall be delivered to the
following:
If to College:
with a copy of
legal notices to:
Sheldon Reed, Executive Director
Fire Academy of the South
Florida State College at Jacksonville, South Campus
2700 Fire Fighter Memorial Drive
Jacksonville, Florida 32246.
(904) 646-2189
Email: sreed@fscj.edu
General Counsel
Florida State College at Jacksonville
501 West State Street, Suite 403
Jacksonville, FL 32202
If to Customer:
CONTACT PERSON'S NAME
CONTACT PERSON'S TITLE
ORGANIZATION NAME
MAILING ADDRESS
CITY, STATE, ZIP CODE
PHONE NUMBER
EMAIL ADDRESS
with copy to:
BILLING AGENT'S NAME
TITLE
ORGANIZATION NAME
MAILING ADDRESS
CITY, STATE, ZIP CODE
PHONE NUMBER
EMAIL ADDRESS
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IN WITNESS WHEREOF, the undersigned authorized representatives of the parties have
executed this Agreement as of the day and date first written above, and each agrees to be bound by the
provisions hereof.
ORGANIZATION NAME
Florida State College at Jacksonville
By: __________________________
NAME
TITLE
By: __________________________
Dr. Denis Wright
President, South Campus/Deerwood Center
Federal ID # XX-XXXXXXX
Fire Services Training Contract 06102010
Federal ID # 59-1149317
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