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03/07/1989NMI1k ii1i_i -aw THIS CONTRACT, made and entered into this 4— day of March, 1989, by and between Monroe County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "County" and Dale R. Baldwin and Associates, Landscape Architects, Inc., 115 Harborview Drive, Tavernier, Florida 33070, hereinafter referred to as "Consultant." WITNESSETH WHEREAS, the COUNTY desires to have prepared a handbook on landscaping and bufferyards; and WHEREAS, the CONSULTANT represents that he is professionally qualified to prepare such a handbook; and WHEREAS, the COUNTY desires to employ the CONSULTANT to produce such handbook; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the COUNTY does hereby employ the CONSULTANT and the CONSULTANT hereby accepts such employment with the conditions and covenants which follow. Section I - Scope of Services The scope of services to be performed by the CONSULTANT, and the assistance of the COUNTY to be provided to the CONSULTANT under this CONTRACT, are specified in Attachment "A", which is made a part of this CONTRACT. Section II - Financi The funding for the services required under this CONTRACT shall be paid to the CONSULTANT by the COUNTY from funds to be obtained from the Florida Department of Community Affairs (DCA) through the COUNTY'S Growth Management Division. All payments shall be made according to the schedules described in Section IV of this CONTRACT. The total payment for services and work products produced by the CONSULTANT shall not exceed Five Thousand Nine Hundred Dollars ($5900), except as may be provided for by mutual agreement in writing and signed by both parties, for additional professional services not described in Attachment "A" of this CONTRACT. Section III - Time of Services A. Professional services of the CONSULTANT shall commence upon execution of this CONTRACT by all parties. B. Services enumerated in Attachment "A" shall be completed by the CONSULTANT by May 1, 1989, unless the CONTRACT is not executed by all parties prior to the end of March 1989. In any event, all work shall be completed no later than May 30, 1989. Section IV - Fee and Payment Schedule A. Payment Schedule The fee for services set forth herein shall be as follows: 1. One Thousand Five Hundred Dollars ($1,500) shall be payable upon delivery to the COUNTY of a detailed outline of the handbook. 2. Three Thousand Four Hundred :dollars ($3,400) upon completion and delivery to the COUNTY of a draft of all work items outlined in Attachment "A." 3. One Thousand Dollars ($1,000) payable upon completion and delivery to the COUNTY of a final version of all work items outlined in Attachment "A." B. Delav not as a Material Breach A delay in payment under this section shall not be considered a breach of any provisions hereunder, if the delay is caused by untimely remissions to the COUNTY by the DCA. C. Delay as a Material Breach If the CONSULTANT'S contract has been approved by the COUNTY, and payment has been delayed due to DCA action, then the COUNTY agrees to remit the full amount due and owing the CONSULTANT within three (3) months of the acceptance of the work product in Section IV (A)(3). If payment has not occurred within three (3) months after the acceptance of the final product, the COUNTY will be deemed to have materially breached this agreement. D. Breach In the event that the COUNTY is determined to have breached this CONTRACT, the only damages available shall be liquidated damages in the amount of this CONTRACT or $5,900. In the event that the CONSULTANT is determined to have breached this CONTRACT, the COUNTY shall have the right to annul this CONTRACT without liability or, in its discretion, to deduct from the contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. Section V - Miscellaneous Provisions A. Non-discrimination The CONSULTANT agrees that it will not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding non-discrimination. Any violation of such provisions shall constitute a material breach of this CONTRACT. B. Arbitration of Disputes Any dispute arising under this CONTRACT which is not settled by the COUNTY and the CONSULTANT in ten (10) days shall be decided by an arbitration board composed of a representative of the COUNTY, a representative of the CONSULTANT, and a representative mutually acceptable to the COUNTY and the CONSULTANT. The CONSULTANT shall continue to render all services requested in this CONTRACT without interruption, notwithstanding the provisions of this section. C. Ownership of Documents All work products including, but not limited to, tracings, drawings, illustrations, estimates, field notes, investigations, design analysis, studies, and other data or documents in any form or medium which are obtained or prepared in the performance of this CONTRACT are to be and will remain the property of the COUNTY and are to be delivered to the Director of Planning before final payment is made to the CONSULTANT. Use of such work products shall be available to the CONSULTANT only upon signed authorization from the Director of Planning. D. Anti -kickback The CONSULTANT warrants that no person has been employed or retained to solicit or secure this CONTRACT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member of the COUNTY has any interest, financially or otherwise, in the CONSULTANT or its subcontractors. E. Termination of Agreement This CONTRACT may be terminated by either party upon 14 days' written notice should the other party fail substantially to perform in accordance with its terms, however a reasonable period for the curing of any defect shall be due to either party. 0 0 In the event of termination not the fault of the CONSULTANT, the CONSULTANT shall be compensated for all services performed under Section IV (A) to termination date, by pro rating the percentage of the project completed and the compensation due. F. Other Terms and Conditions The response to all communication or inquiries from the communications media, civic groups, etc., are the responsibility of the COUNTY. The parties agree to be bound by the terms of that agreement between the COUNTY and the DCA dated November 7, 1986, providing for funding assistance to the COUNTY in connection with the implementation of the Florida Keys Comprehensive Plan. Funding for this contract is contingent upon approval of this contract by the DCA. The CONSULTANT shall indemnify and hold harmless the COUNTY and the DCA against all claims of whatever nature arising out of the performance of work under this agreement. IN WITNESS THEREOF, the partie2, hereto have executed this CONTRACT on the date and year first written above. ATTEST: AAMY u KOLHAGE, Clerk By AI Clerk (SEAL) Qj, e'J q - (�I� - Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By WW Add(8a Mayor/Chairman DALE R. BALDWIN AND ASSOCIATES LANDSCAP RCHITECTS INC. By Dale R. Baldwin Principal 4MM VID,j TO01ft AND LEGAL *UFF BY Att"Pe i U Id 0 ATTACHMENT A Landscape Handbook REP and Work Plan Deadline: May 1, 1989 Compensation: $5900 Product The consultant shall prepare a handbook explaining the landscaping and bufferyard requirements of the land development regulations. The handbook shall stress a theme of environmental harmony, including restoration of scarified lots and protection of undisturbed lots. The handbook shall be written in plain English for a non -technical audience. The handbook shall be submitted both in paper form and on a 5 1/4" floppy disk using one of the following word processing packages: Word Star 3.30 or 3.31 Microsoft Word 3.0 Word Perfect 4.1 PFS:Write Ver C MultiMate 3.3 DisplayWrite (RFT/DCA) All graphics and illustrations shall be of camera-ready quality. The handbook's content shall include the following: A. Benefits and Rationale - discussion of the benefits and rationale (environmental, economic, energy, noise, aesthetic) of quality landscaping and bufferyards B. Landscaping - landscaping for parking: rationale and requirements (shade, appearance, etc.) - description of standards A,B,C, etc. in graphic and verbal forms - choice of plants: rationale and requirements (native plants require less maintenance, provide habitat, etc.) - installation criteria - street trees - stormwater management C. Bufferyards - locational requirements: scenic corridors, district boundary buffers - verbal and graphical descriptions of standards (A,B,C... understory, canopy, shrub, etc.) - responsibility for district boundary bufferyards - nonconforming buffers D. Other In addition to the Monroe County requirements, the handbook shall cover landscaping issues in general, such as: - a discussion of Keys' soils - drainage, salinity, sunlight needs of various species - plant heights at maturity - planting and maintenance considerations Source Materials 1) copy of land development regulations 2) the products from previous efforts by staff to prepare a handbook (assorted draft chapters & illustrations) Work Proaram The following are scheduled dates for the completion of various stages of the work. In all cases the consultant must provide the necessary graphic, drafting, and clerical support. 1. Initial Research (3/17/89) - review the source materials - meet with biologists and planners as needed for clarification of regulations and discussion of existing problems 2. Field Work (3/17/89) - visit selected sites of the best and worst landscaping efforts in the Keys 3. Outline (3/17/89) - prepare and present to staff a detailed outline of the handbook 4. Prepare Draft Handbook (3/31/89) - synthesize research and field work to produce a draft handbook 5. Presentation to Staff (4/7/89) - present draft handbook to staff for comments 6. Prepare Final Version of Handbook (4/14/89) - revise draft handbook based on staff comments 7. Submit Final Version of Handbook (5/l/89) - paper copy - 5 1/4" floppy disk in suitable word processing format 4