10/17/1986 1
COUNTY OF MONROE, FLORIDA
DEPARTMENT OF PLANNING AND ZONING
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT, made and entered into this 17th day
of OctohPr , 1986, by and between the County of
Monroe, Florida, (hereinafter referred to as the "County ") and
Strategic Land Planners, Ltd. 200 South Wacker Drive, Chicago,
Illinois, 60606 (hereinafter referred to as the "Consultant ").
W I T N E S S E T H:
WHEREAS, the County desires to employ a consultant to
perform the professional services described herein; and
WHEREAS, the members of the consulting firm are profes-
sionally competent and capable of performing the services des-
cribed herein, and the firm certifies that they have employed or
will employ a sufficient number of staff to complete the work
under their supervision;
NOW THEREFORE, in consideration of the foregoing prem-
ises and the mutual covenants and conditions contained herein,
the County and Consultant mutually agree as follows:
I.
EMPLOYMENT OF CONSULTANT
The County does hereby employ Consultant and the Con-
sultant does hereby accept employment in accordance with the
covenants and conditions contained herein, including with those
covenants and conditions set forth in Exhibit A which are
attached hereto and incorporated herein by reference.
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II.
SCOPE OF CONSULTANT SERVICES
The Consultant agrees to provide professional services
in accordance with the following terms and conditions:
2.1 Specific Services.
The specific professional services which Consultant .
agrees to perform pursuant to this Agreement are described in
Exhibit A attached hereto, and incorporated herein by
reference. The Consultant agrees to render such services
promptly and diligently upon execution of this Agreement between
the County and the Consultant.
2.2 Reviews. To assure that the progress on the work
is acceptable to the County before the Consultant incurs
unnecessary expense, the Consultant will submit when requested
one (1) copy of a report to the County outlining the work com-
pleted to date.
2.3 Timing of Project
The Consultant agrees to work with the Director of the
Department of Planning on a full -time basis commencing on
October 10, 1986 and terminating on or about April 30, 1987. The
Director of Planning shall allow the Consultant to work a maximum
of 200 hours on projects not related to the Consultant's work for
the County. The timing of such work shall be mutually agreed on
by the Consultant and the Director of Planning.
2.4 Subcontractors.
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The Consultant shall have the right to enter into such
subcontracts as the Consultant deems necessary to perform the
services contemplated under this Agreement. Any subcontracts
shall require County approval.
III.
PAYMENT FOR SERVICES
3.1 Payment for Services.
A. Total Payment. In consideration of Consultant's
performance of the services described herein including EXHIBIT A,
the County agrees to pay the Consultant fifteen thousand dollars
($15,000.00), which shall constitute full and complete payment,
including reimbursable expenses, for all services required to be
performed under the terms of this contract. Reimbursable
expenses shall include general travel expenses, hotel expenses
and meals, and long distance telephone expenses. General office
expense shall be borne by the County.
B. Partial Payment. The County will make payments to
the Consultant on a monthly basis for services rendered. There
shall be a $3,000.00 payment due upon signing of this contract
and a monthly payment of $2,000.00 for each month commencing with
November, 1986 and ending with April, 1987, as follows:
Due upon signing $3,000.00
November 28 2,000.00
December 31 2,000.00
January 30 2,000.00
February 27 2,000.00
March 31 2,000.00
April 30 2,000.00
TOTAL $15,000.00
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The Consultant will present an invoice to the County on
a monthly basis for the payment currently due. Payment shall be
made within fifteen (15) days after the invoice has been approved
by the County Administrator. If payment is not made within
thirty (30) days of receipt, interest on the unpaid balance will
accrue beginning with the thirty -first (31st) day at the rate of
one percent (1 %) per month or the maximum interest rate permitted
by law, whichever is less.
3.2 Payment for Additional Services.
County and Consultant agree that the scope of the work
scheduled to be performed by the Consultant may not be defined
sufficiently at the time of execution of this Agreement and that
accordingly additional professional services related to the Work
Program and not covered in Exhibit A may be needed during per-
formance of this Agreement. Such additional professional ser-
vices when authorized by the Board of County Commissioners
through an executed change order or a supplemental agreement
shall be compensated for by a fee or fees mutually agreed upon
between the County and the Consultant. Negotiation of a mutually
agreed fee will be accomplished using the same consideration used
to negotiate the original fee for services under this Agreement.
3.3 Accounting and Records.
Records of the Consultant's direct personnel payroll and
reimbursable expenses pertaining to this project and records of
accounts between the County and Consultant shall be kept on a
generally recognized accounting basis and shall be available to
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the County or to an authorized representative for audit during
normal business hours.
IV.
CURTAILMENT AND TERMINATION
4.1 Curtailment or Termination of Services.
The County and the Consultant hereby agree to the full
performance of the covenants contained herein. The County re-
serves the right, at its discretion, to terminate or curtail the
services provided pursuant to this Agreement for misfeasance,
malfeasance or non - performance of the contract by the Consultant,
or for any other reason which the County, in its discretion deems
to be a legitimate basis for the termination or curtailment of
the contract.
A. In the event the County shall terminate or
curtail the services or any part of the services of the contract
herein provided, the County shall notify the Consultant in
writing and the Consultant shall discontinue advancing the work
under this Agreement fourteen (14) days after receipt of such
notice.
B. Upon such termination, the Consultant shall
deliver to the County all drawings, illustrations, text, data and
other documents entirely or partially completed, together with
all material supplied by the County.
C. Upon termination, the Consultant shall
appraise the work he has completed and submit his appraisal to
the County for evaluation.
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D. The Consultant shall receive his compensation
in full for services performed to the date of such termination or
curtailment. This payment shall consist of the appropriate per-
centage of the total compensation for the work task satisfactor-
ily completed as outlined in Exhibit B and shall be in the amount
to be agreed mutually by the Consultant and the County. If there
is no mutual agreement, the Consultant will provide the County
with records, and the County will employ the same method used for
additional work as a guide in the final determination. 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 de-
termine the amount due, unless either party has served the other
with a written request to arbitrate a dispute.
V.
MISCELLANEOUS PROVISIONS
5.1 Non - discrimination.
The Consultant agrees that he will not discriminate
against any of his 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- discrimina-
tion. The Consultant further agrees to insert the foregoing
provisions in all sub- contracts hereunder except sub - contracts
for standard commercial supplies or raw materials. Any violation
of such provisions shall constitute a material breach of this
Agreement.
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5.2 Contract Dispute.
In the event that this contract is the subject of liti-
gation between the Consultant and the County, the parties hereto
agree that this contract shall be construed according to the laws
of Florida and jurisdiction and venue of such litigation shall be
in the circuit court of Monroe County.
5.3 Indemnification.
A. Hold Harmless. The Consultant does hereby
covenant and agree to indemnify and hold harmless the County, the
Board of County Commissioners, appointed Boards and Commissions,
Officers, and Employees, individually and collectively, from all
fines, suits, claims, demands, actions, costs, obligations,
attorneys' fees, or liability of any kind arising out of the sole
negligent actions of the Consultant and does hereby agree to and
does assume all the risk in the operation of his business here-
under and shall be solely responsible and answerable for any and
all accidents or injuries to persons or property arising out of
his performance of this contract. The County does hereby cove-
nant and agree to indemnify and save harmless the Consultant from
any fines, suits, claims, demands, actions, costs, obligations,
attorneys' fees, or liability of any kind resulting from a negli-
gent act by any of the County's employees.
B. Claims Against the County. The Consultant
agrees that no charges or claim for damages shall be made by him
for any delays or hindrances attributable to the County during
the progress of any portion of the services specified in this
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Agreement. Such delays or hindrances, if any, shall be compen-
sated for by the County by an extension of time for a reasonable
period for the Consultant to complete the Work Program. Such an
agreement shall be made between the parties.
5.4 Assignment of Contract.
This Agreement 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.
5.5 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's firm or his sub-
contractors. For breach or violation of this warranty, the
County shall have the right to annul this contract without liabi-
lity or, in its discretion, to deduct from the contract price or
consideration, the full amount of such commission, percentage,
brokerage, or contingent fee.
IN WITNESS WHEREOF, the parties hereto have executed
this contract on the date first above written.
COUNTY OF MONROE
By:
C
MAYOR PRO TEM
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ATTEST TO:
Cler
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STRATEGIC LAND PLANNERS, LTD.
By: of,,,„
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EXHIBIT A
The Consultant shall be responsible to the Director of
Planning for work on the following tasks:
1. Establishing a system for the coding of the
County's information on permitting, planning and environmental
review on a consistent parcel -by- parcel basis using a unique
identifier.
2. Investigating the data available by parcel
that has been generated by other agencies working in the County,
including the FKAA, CES, and appraisor's office, #nd initiating
discussion of the sharing of such data.
3. Investigating the availability of
computer - generated maps of the County and coordination of the
introduction of such maps into the Planning Department.
4. Investigating the opportunities to share
computer hardware for generating maps with other interested local
agencies.
5. Implementing at least a portion of a linked,
computer -based parcel information and graphics system using plan-
ning information from the assessor's office and the building
permit system and graphics provided by DCA.
6. Training of all appropriate Planning
Department personnel in coordination with the Data Processing
Coordinator on the operation of personal computers assigned to
the various offices.
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