DOCUMENT INFORMATION AND INSTRUCTIONS
Form: Training Contract: Low Risk, <$50K
Use: Customized Contract Training. May be used when there is no hazard to life, limb, or equipment, or other legal,
liability, or operational issues that may require additional language.
1. Complete the attached form by editing, deleting, and replacing the highlighted information, as required. The
highlighted language is for example purposes only; to the extent you elect to use the existing highlighted language be
sure additional information is completed as necessary (for example, in paragraph III, replacing the words “Customer’s
billing address” with the actual mailing address to which invoices are to be sent).
2. Submit the draft to your campus Director of Administrative Services for approval.
The following information should be used when completing the contract form.
All dollar values should be spelled out. For example: Five Thousand Five Hundred Fifty-Five and 50/100 Dollars ($5,555.50) or
Five Thousand Five Hundred Fifty-Five Dollars ($5,555.00).
Header and First Paragraph. Use the legal name of the other party and the effective date of the contract. If the customer is
registered in Florida their legal name can be verified at http://www.sunbiz.org/. If the customer is not registered in Florida, please
call the Office of General Counsel at 904.632.3232.
Paragraph I. Requires a clearly written and well-defined description of service; it should answer who, what, when, and how.
Minimally, include each party’s duties and responsibilities, scheduling information, and clear and specific pricing. Other
information should be added as required to clearly describe the obligations and expectations of the parties, and to clarify any
operational processes that will be used to implement the contract. Examples of additional information sometimes included are
instructor information and qualifications, student prerequisites, special equipment requirements, and contact information for
programmatic purposes.
Paragraph II. Identify where training will be conducted.
Paragraph III. Financial arrangements must be clear and specific. Payment in advance is preferred but not required; however,
the payment procedure should minimize outstanding accounts receivable. Unless otherwise preapproved by the College’s Bursar
(632-3253), the latest a payment can be received is thirty days after the invoice date, such invoices to be sent by Accounts
Receivable as soon as practicable on or after the first day of class.
Paragraph IV. A. Insert a termination date.
Paragraph V. Insert the contact information for official, legal correspondences. Contact information for day-to-day
programmatic management should be included in Section I.D.
Type in the appropriate information for the signatories including the company’s name and Federal ID#, the name of the person
who will be signing, and the title of the person who will be signing.
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Contract for Training Services Between
Name of Client
And
Florida State College at Jacksonville
This Contract is entered into and effective as of Date of Execution (“Effective Date”), by and between Legal Name of Client, a
State of Organization Choose: Corporation, Partnership or LLC. (“Client”), with its principal address at Address, City, State, and
Florida State College at Jacksonville, a political subdivision of the State of Florida (“College”), with its principal address at 501
West State Street, Jacksonville, FL 32202.
WHEREAS, College, as part of its mission and goals, offers contract training to respond to workforce development needs of
employers; and
WHEREAS, Client is in need of, and desires to obtain, contract training services from College.
NOW, THEREFORE, in consideration of these premises and the terms and conditions set forth herein, the parties agree as follows:
I.
Description of Services. College agrees to provide instruction for Name of Course(s) to Client’s employees or other
students as may be scheduled by Client. College shall provide all courseware and materials unless the parties enter into a separate
courseware development contract. Delivery of instruction shall be scheduled and delivered in accordance with the terms and
conditions herein.
The instruction shall be conducted under the following conditions:
A. College shall provide the instructors, and student materials (both hard copy and/or digital/electronic) to provide Describe
the course parameters and expectations.
B. Client shall provide Describe anything else the Client is providing. If None please state None.
C. College shall maintain student attendance records.
D. Class Schedule: Number of classes of Number of hours each shall be scheduled as available upon request, either in
writing or by e-mail, from Client. College shall send a verification in writing or via e-mail to Client including the date
and time when each class is scheduled. The point of contact at College for scheduling and other programmatic issues is
Name, Phone ,E-Mail.
E. Client shall pay College Dollar Value in words Dollars ($Dollar Value numerically.00) per Number of days, Number of
hours for a maximum of twenty four (24) students per class. Each additional student beyond twenty four (24) shall be
charged at a rate of Five Hundred Fifty-Five Dollars ($555.00) more per student. There is no minimum number of
students required to hold a training class.
F.
II.
In the event Client cancels a class, and for each such cancellation thereafter, Client shall notify College in writing or by
phone at least five days prior to the scheduled class start time or a cancellation fee equivalent to the lesser of College’s
actual liquidated expenses or seventy five percent (75%) of the per class fee shall be charged to and paid by Client. In the
event College cancels a class, College’s liability shall be limited to the return of monetary consideration paid to College
under this agreement for the cancelled class or, with Client’s approval, the rescheduling of the cancelled class.
Location. Training shall be conducted at Provide the location.
III.
Financial Arrangements. College shall submit invoices no later than thirty (30) days after commencement of a class or a
cancellation as described in Paragraph I.F above to Customer’s billing address. Client shall pay invoices submitted by College
within thirty (30) days of the invoice date. Payment shall be made by check to Florida State College at Jacksonville, Finance
Department, Attention: Accounts Receivable, 501 West State Street, Jacksonville, Florida 32202.
IV.
Term, Termination, and Amendment
A. Term. This Contract shall be effective as of the Effective Date, and shall remain in full force and effect until Termiantion
Date or completion of training, whichever is later, unless terminated earlier as described in section IV. B. below.
B. Termination With or Without Cause. Either party shall have the right to terminate this Contract with or without cause
upon thirty (30) days prior written notification to the other party. Provided however, no cancellation shall interrupt or
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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 pursuant to the provisions set forth below in Section V.
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.
V.
Notices. Any notice required or permitted by this Contract shall be given to the following representative of each party, at
the address set forth below, by hand delivery; by registered mail, return receipt requested; or by overnight mail or courier service,
signed acknowledgement of receipt required. Notice shall be deemed as given on the day of receipt of the notice, as indicated on
the signed and dated receipt of acknowledgement, or on the date of hand delivery:
If to College:
Name of College contact
Title of College contact
Address
City, Florida Zip code
Phone Number
Fax Number
E-mail @fscj.edu
with copy to:
General Counsel
Florida State College at Jacksonville
501 West State Street, Suite 403
Jacksonville, Florida 32202
If to Client:
Name of Client Contact
Title of Client Contact
Address
City, State Zip Code
Phone Number
Fax Number
E-mail address
If, after this Contract is executed, a party designates a new representative to accept notice, the party shall furnish the new
representative’s name and address, in writing, to the other party, and a copy of the notice shall be attached to this Contract.
VI.
State of Florida Political Subdivision; Governing 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 of Florida laws and 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. As College is a political subdivision of the State of Florida, this Contract is subject to the applicable provisions
of Florida Statutes regarding public access and other issues. This Contract shall be construed, performed and enforced in all
respects in accordance with the Florida law without regard to the Florida provisions regarding conflicts of law.
VII.
Miscellaneous
A. Use of Materials. Unless otherwise provided herein, College owns all rights, including all intellectual property rights, in
all original materials it provides to the Client or its students during the delivery of this training, including any curriculum
materials. Client agrees that it shall not permit anyone either to duplicate or reproduce any materials in any manner
without College’s prior written permission.
B. 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.
C. Severability. 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.
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D. Entire Contract. This Contract, which may be executed in a number of counterparts, each of which shall be deemed an
original, constitutes the entire Contract and understanding between the parties, and supersedes all prior Contracts and
understandings, oral or written, and all other communications between the parties related hereto.
E. Client Indemnification. The Client agrees to indemnify, defend and hold harmless College, the Florida Board of
Education, the State of Florida, and their 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 act or failure to act by the Client or any of its employees which may occur during or arise out of the
performance of this Agreement, whether foreseeable or unforeseeable. This provision shall continue beyond termination
or expiration of this Agreement.
F.
Authorized in Florida. If Client is organized under the laws of a state other than Florida, it represents and warrants that it
is authorized to do business in the State of Florida.
G. Force Majeure. Neither College nor Client shall be responsible for its default, delay or failure to perform any terms or
conditions herein when failure to perform is due to causes beyond such party’s reasonable control including, but not
limited to: civil unrest, strike, lockout, flood, action or inaction of governmental authorities, epidemic, war, embargo, fire,
earthquake, hurricane, windstorm, act of God or default of common carrier. In the event of such default, delay or failure
to perform, any date or times by which either party is otherwise scheduled to perform shall be extended automatically for
a period of time equal in duration to the time lost by reason of the excused delay, default or force majeure.
H. Nondiscrimination. During this Contract, neither party shall discriminate against any person on the basis of race color,
religion, gender, national origin, disability or veteran or marital status.
I.
Binding Contract. This Contract is not binding upon the parties until it has been signed by the duly authorized
representatives of both parties.
J.
No Third Party Beneficiaries. This Contract is made solely for the benefit of Client and College and is not intended to
create any rights or any causes of action in any third parties.
K. Counterparts. This Contract may be executed in counterparts, each of which shall be an original, but which together shall
constitute one and the same instrument. Facsimile signatures are acceptable as original signatures on this Contract.
IN WITNESS WHEREOF, the undersigned authorized representatives of the parties have executed this Contract as of the
Effective Date, and each agrees to be bound by the provisions hereof.
For Customer
Name
For Florida State College at Jacksonville
Date
Name
Title
Title
Federal ID # XX-XXXXXXX
Federal ID # 59-1149317
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