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12/13/1989 ContractC0NTRAC'T THIS CONTRACT is made and entered into on. this 1.3thday of December, A.D. 1989, by and between MONROE COUNTY, Florida, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," and REGIONAL RESEARCH ASSOCIATES,INC., hereinafter referred to as "CONSULTANT." I T N E S S E T H WHEREAS, the COUNTY desires to initiate a survey by mail of a random sample of Monroe County households; and WHEREAS, the COUNTY needs this information in order to provide baseline data for development of its comprehensive plan required under Florida Statutes 163; and WHEREAS, the COUNTY requires data. analysis in order to effectively develop goals, objectives, and policies for its comprehensive plan which reflect the visions of its residents; and WHEREAS, the CONSULTANT represents that they are professionally qualified to produce and scientifically analyze the required citizen input data; and WHEREAS, the COUNTY wishes to employ the CONSULTANT to carry out the necessary citizen surveys, the cross -tabulation and generation of results; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the COUNTY does hereby employ the CONSULTANT and the CONSULTANT hereby accepts employment under the terms of. this CONTRACT. Article I - Financing Section 1. The funding for the services required under this CONTRACT shall be provided by the COUNTY to the CONSULTANT in the amount of $5,200.00 All payments shall be made according to the schedule described in Article III of this CONTRACT. The total payment for the services and work products produced by the CONSULTANTS shall not exceed $5,200, except by a mutually agreed upon amendment to this CONTRACT for additional. professional services } not described in Article II, Scope of Professional Services, or as provided in Article V of the CONTRACT. Article II - Scope of Professional Services Section 1. The CONSULTANT agrees to provide professional services in accordance with the following requirements: (a). Specific Project Requirements i). The target population of the survey will include full-time Monroe County residents as indicated on the Monroe County Property Appraiser NAL file, and renters drawn from a sample of rental property addresses also obtained from the NAL file. ii). The mailing will consist of at least 2500 questionnaires, outgoing postage provided by COUNTY. The expected response rate is 20%, for a return of 500 surveys. CONSULTANT will be responsible for sample selection. iii). Return prepaid postage and envelopes will be provided by CONSULTANT. iv). COUNTY will provide outgoing envelopes and letterhead. v). CONSULTANT will handle the physical process of preparing the mailing, including finalizing and copying the questionnaire, subject to prior approval by Monroe County Planning staff. vi). If, in CONSULTANT'S opinion, a follow-up postcard to encourage response to the survey is warranted, postage of same will be provided by COUNTY. vii). CONSULTANT will be responsible for the generation of a final report for all completed surveys. This report will be submitted to COUNTY on January 22, 1990. viii). CONSULTANT will be responsible for the presentation of the survey results to the Board of County Commmissi.oners of Monroe County, on a date satisfactory to the Board. Section 2. Notice to Proceed. Notice to proceed with the project as outlined in Article I, Section 1 shall be given in writing by the Assistant County Administrator for the Monroe County Growth Management Division upon execution of this CONTRACT between the COUNTY and the CONSULTANTS. 2 I Section 3. Work Schedule. Upon the execution of this CONTRACT between the COUNTY and CONSULTANT, and upon the authorization of CONSULTANT by COUNTY to proceed, the final report shall be delivered to COUNTY by close of business on January 22, 1990. Section 4. Reviews. The COUNTY, in order to assure that the work schedule is being properly met by the CONSULTANT, may request progress reports and updates as necessary to meet its schedule to complete the comprehensive plan required under Chapter 163, Florida Statute (1989), and Rule 9J-12.006(24), F.A.C. Section 5. Project Manager. Unless otherwise provided, the project manager and contact person shall be the Assistant County Administrator for the Growth Management Division. Article III - Payment for Services Section 1. Total Payment. In consideration of the performance of all of the services described in Article II of this CONTRACT, except as provided in Article I, the COUNTY shall pay the CONSULTANT $5,200 in the total amount specified below which shall constitute full and complete payment for all services performed under the terms of this CONTRACT. Section 2. Expenses. It is expressly agreed that the compensation paid pursuant to Section 1 of this Article III includes payment for out-of-pocket expenses incurred by CONSULTANT in carrying out the duties specified under this CONTRACT, including telephone, return postage, photocopy and travel by CONSULTANT staff, that CONSULTANT shall pay all such expenses from funds paid under this CONTRACT or other sources, and that COUNTY shall have no further obligation for payment of any such expenses. Section 3. Method of Payment. 3 Following the completion of a task, the submission to the COUNTY Assistant County Administrator for Growth Management of any work product(s) required under the task as specified in Article II, Section 1, and the acceptance by the Assistant County Administrator of the work product(s) and services rendered as meeting the requirements of this CONTRACT's scope of services, the CONSULTANTS will submit an invoice in the amount appropriate according to the above schedule for the task to the COUNTY. Payment by the COUNTY shall be made within 30 days of the submission. Section 4. Accounting and Records. Records of the CONSULTANT'S direct personnel payroll and expenses pertaining to this CONTRACT and records of accounts between the COUNTY and the CONSULTANT shall be kept according to generally acceptable accounting principles and procedures which properly reflect all costs of any nature expended in the performance of this CONTRACT, and retain the same for a period of three years after the termination of this CONTRACT. Such records, books, documents and other evidence shall be subject at all times to inspection, review or audit by COUNTY personnel. CONSULTANT will include the audit and recordkeeping requirements of this paragraph in cotracts and subcontracts thereto entered into by CONSULTANT with any party for work required in the performance of this CONTRACT. Article IV - Count:v Responsibilities Section 1. The COUNTY shall meet with the CONSULTANT to finalize sampling parameters at the initiation of the CONTRACT. The COUNTY will meet with the CONSULTANT at other times as needed in order to clarify project objectives and/or the content of scientific data and analysis provided in required reports. Article V - Modification, Curtailment and/or Termination Section 1. Project Modification. Additions to, modifications to, or deletions from the scope of services outlined in Article II may be made by the COUNTY and the CONSULTANT, and the 4 compensation to be paid to the CONSULTANT may be adjusted accordingly by mutual agreement of the parties. Change orders, excluding completion date changes, will not be effective until approved by the Board of County Commissioners of Monroe County, Florida. It is distinctly understood and agreed that no claim for extra work done or materials furnished by the CONSULTANT will be allowed by the COUNTY except as provided herein, nor shall the CONSULTANT do any work or furnish any materials not covered by this CONTRACT unless such work is first authorized in writing by change order. Any such work or materials furnished by the CONSULTANT without such written authorization first being given shall be at its own risk, cost, and expense, and the CONSULTANT hereby agrees that without such written authorization no claim shall be made for ccmpensation for such work or materials furnished. Section 2. Curtailment and/or Termination of Services. Except as it may be restricted by Article I, the COUNTY and the CONSULTANT hereby agree to the full performance of the covenants contained herein. The COUNTY reserves the right, at its discretion, to terminate or curtail the services provided in this CONTRACT for any misfeasance, malfeasance or nonperformance of the CONTRACT by the CONSULTANT. In the event the COUNTY shall terminate or curtail the services or any part of the services of the CONTRACT after an appropriate notice to proceed has been provided for requirements under Article II, Section 2, the COUNTY shall notify the CONSULTANT in writing and the CONSULTANT shall discontinue performing the services under this CONTRACT within thirty (30) days after receipt of such notice. Where such termination is due to negligent performance or failure to perform the CONTRACT, the CONSULTANT will be liable to the COUNTY for damages caused thereby, and all sums due the CONSULTANT shall be stopped. Upon such termination, the CONSULTANT shall deliver to the COUNTY all text, data and other documents entirely or partially completed, together with all unused materials supplied by the COUNTY. Upon termination, the CONSULTANT shall appraise the work they have completed and submit their appraisal to the COUNTY for their evaluation and determination of payment as herein described. 61 The CONSULTANT shall receive their compensation in full for services performed to the date of such termination or curtailment. The COUNTY shall make this final payment within sixty (60) days after the CONSULTANT has delivered the last of the partially completed documents together with any records that may be required to determine the amount due, unless either party has served the other with a written request to arbitrate a dispute. When the work is terminated because of Article V, by mutual consent, or when the termination is due to negligent performance, or for failure to perform the CONTRACT, there shall be no limitation upon the COUNTY as to the subsequent use of documents or ideas incorporated therein for the preparation of final studies, plans and/or documents, and the COUNTY reserves the right after thirty (30) days following a written termination notice to the CONSULTANT, to take over the services and follow them to completion by contract with others. Article VI - Miscellaneous Provisions. Section 1. Non-discrimination. The CONSULTANT agrees that it will not discriminate against any of its employees or applicants for employment. because of 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. Section 2. 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. Section 3. Ownership of Documents. All documents including, but not limited to, data, computer print outs, and report documents which are obtained or prepared in the performance of 6 this CONTRACT are to be and will remain the property of the COUNTY, and are to be delivered to the Project Manager before the final payment is made to the CONSULTANT. The CONSULTANT may retain originals of all materials rendered under the provisions of the CONTRACT with no restrictions on its separate use so long as a provision is made that any additional use of the data and/or reports for further publication is cited as to source. Section 4. Provision of Data Base and Documentation. The CONSULTANT will provide the COUNTY with a reproducible original of each report and a data base including all sampling parameters required under the provisions of this CONTRACT. The CONSULTANT will also provide the COUNTY with computer disk copies of all data and reports in a format which may be utilized or converted for use on IBM 36 or Mackintosh computers. Section 5. Assignment of CONTRACT. This CONTRACT shall not be assignable in whole or in part without the written consent of the parties hereto, and it shall extend to and be binding upon the heirs, administrators, executors, successors and assigns of the parties hereto. Section 6. 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 financial interest in the CONSULTANT. For breach or violation of this warranty, 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 7. Claims. The CONSULTANT agrees to hold harmless and indemnify the COUNTY against all claims of whatever nature arising out of the performance of work under this CONTRACT whether in contract, tort or otherwise and whether claimed by third parties or the CONSULTANT themselves. 7 IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT on the date and year first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA �� BY -- — -- - - � Mayor/Chaff rman--- - (SEAL) Attest: DAW I, ]KOLHAGE, Clerk . 4 Ise .4— AM 140,6 lerk / I - ATTEST: REGI NAL RE R ' A OCIA S, INC. By Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY. BY AaanfY's 11