Resolution 148-1979RESOLUTION NO.14$ -1979
RESOLUTION AUTHORIZING THE CHAIRMAN TO
EXECUTE A CONSULTANT AGREEMENT BETWEEN
THE COUNTY OF MONROE, FLORIDA, AND
RECREATION PLANNING ASSOCIATES, LTD.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
That the Chairman is hereby authorized to execute a
Consultant Agreement between the County of Monroe, Florida,
and Recreation Planning Associates, Ltd., a copy of said
Agreement being attached hereto.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, this 17th day of July, 1979.
BOARD OF COUNTY COMMISSIONERS
OF MONROE U Y.,FLORIDA
By
C irm
(Seal)
Attest: 4I)
_. =C .erk _.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
BY
Attorneys Office
APPROVED
PAGE
03
CONSULTANT AGREEMENT
TIIIS AGREEMENT, made and entered into this first
day of June, 1979, by and between COUNTY OF MONROE, FLORIDA, here-
after referred to as "The County," whose address is County of Monroe,
Key West, Florida 33040, and i:ECREATION PLANNING ASSOCIATES, LTD.,
an Illinois Corporation, whose address is 2400 mast Devon Avenue,
Suite 165, Des Plaines, Illinois 60018, hereafter referred to as
"R.P.A."
exist:
W I T N E S S E T H:
The parties ac'.nowledge the following facts to
A. R.P.A. has been chosen by the County frora among
other applicants responding to requests for proposals to perform
grantsman services, including but not limited to: financial planning,
grant analysis and grant and loan application preparation services
described in the "Scope of Services" herein set forth, having
evidenced required experience and knowledge in analyzing County
programs and plans in order to determine their eligibility for
financial assistance; in researching various sources of governmental
and foundation assistance; and in the preparation and submittal of
applications for governmental aid.
B. The funds being utilized for consultant's compen-
satin.: as hereafter set forth, in addition to funds from other
sources, may be derived from various public and private sources.
91
C. No fees, commissions, or consideration of any
nature have been paid by either of the parties hereto for the
securing of or entry into this Agreement.
AND IN CONSIDERATION of the premises and -I-
mutual covenants this day entered into, IT IS HEREBY AGREEI:
I. CONTRACT AND TERM. The County agrees to engage
R.P.A. and R.P.A. agrees to be engaged by the County under the
Covenant terms and conditions of this agreement for a period of
twelve (12) months after the effective date of this agreement
subject to all of the provisions contained herein for termination
whether due to voluntary termination, or whatever other cause as
herein provided.
This contract shall become effective on June 1,
1979, and upon execution by both parties hereto.
In addition to all of the other provisions of
• this section, each party shall have the right to terminate this
agreement by the service of written notice of termi-
nation at least thirty (30) days prior to the effective date of
termination, said written notice to be served by hand delivery or
certified mail to the other party at said party's address set
forth in this agreement, or such other address as may be substituted
therefor after this date.
EXTENSION AND MODIFICATION
This agreement may be extended by the parties
only by mutual written agreement entered into no less than ten (10)
days prior to the expiration of the term hereof. This agreement
- 2 -
92,
may he modified and amended in such a manner as the parties may
agree during the terms and any extension thereof.
II. SCOPE OF SERVIC.I,S. R.P.A. agrees to provide to
the County the following consultant services as appi-.)v,(. by the
Monroe County Board of Commissioners, such services as are outlined
in Proposal Alternative II. It is agreed that the services to be
provided by R.P.A. hereunder are on a best efforts basis, and that
R.P.A. has not expressly or impliedly guaranteed to the County
successful results of -such efforts.
A.
BASIC SERVICES ALTERNATIVE II.
1. Upon receipt of project information from
client, we will determine the potential sources or combination
of sources, amounts and types of assistance available to client
for the subject project (s) .
2. Review clients project to determine if
possible changes will make it more fundable and/or easier to
finance.
3. Contact appropriate State, Federal,
Institutional and Conventional sources of finance to determine
the probability of funding and best approach for obtaining the
necessary funds.
4. Preparation and submittal of applications
(utilizing information derived from the review of the law and
guidelines, personal contacts, and our experience -and expertise,
applications will be prepared in an amount and manner most
advantageous to the client).
- 3 -
13
5. Follow-up. (work with appropriate governmental
or private sources to iron out any problems that might arise and to
facilitate grant approval or an appropriate loan).
c,�,,ed 6. If grant or loan reque: disapproved, we
-heap to determine the future course of action (i.e. resubmittal,
appeal, other type or source of funding, etc.).
B. LIMITATIONS OF RESPONSIBILITY OF R.P.A.
R.P.A. shall not be responsible to administer or
process the use of governmental, foundation, institutional or private
funds which have been or will be obtained for the County; nor shall
R.P.A. be responsible for accounting and record -keeping procedures
for grants and loans which have been or will be approved and received;
nor shall R.P.A. be responsible for legal interpretation and opinions
relative to grants, loans and documentation related thereto. The
County agrees to be responsible for performance of the services
referred to in this sub -section.
C. POWERS OF R.P.A.
In the performance of its services under this
agreement R.P.A. shall have all powers necessary and not prohibited
herein, to perform the services for which it has been engaged,
including the authority to determine the best method of carrying
out its scope of services to the County and the final determination of
which governmental, institutional, and foundation programs are most
applicable to the County's program as it exists as of this date
and as projected for the future. R.P.A. may engage subcontractors
which it deems necessary and proper to assist R.P.A. in carrying out
its responsibilities under this agreement.
- 4 - --
III. COVENANTS OF TIIE COUNTY. During the term that
this agreement is in full force and effect, the County agrees:
A. To furnish or cause to be furnished to R.P.A.
the following as well as other documE ion, material, property,
I J
or information required by R.P.A. in to carry out its scope
of services to the County, for any project designated by the County,
namely: pictorial, statistical, legal, technical data and documentation
such as plats, maps, master plans, drawings, development timetables,
opinions of legal counsel where applicable, orders of court, resolu-
tions from governmental agencies, project cost estimates, architect
and engineering repgrts, plans and specifications, financial and
demographic data, environmental impact statements, assessment state-
ments, appraisals, tax information, relocation plans and cost estimates.
B. The cost of obtaining or providing the above
shall be borne by the County.
C. To transmit to R.P.A. all correspondence
effecting grants filed by R.P.A. and information received by the.
County from any other federal, state, regional or local agency or
official or from any foundation or institution which may have an
effect upon the services being performed by R.P.A. under this agree-
ment or any amendment or extension thereof.
D. Right -of -First -Refusal. The County agrees
that during the term that this contract is in full force and effect
that it shall offer to R.P.A. the "Right -of -First -Refusal" to perform
the "basic consultant (grant) services" described and contained in this
agreement. In the event that the County decides to perform various
types of "basic grant services" with its own full time, salaried
staff and not make use of any outside consulting services, this
- 5 -
IS
"Right -of -First -Refusal" provision will not be applicable.
In the
event applications or requests for grants or loans are made by R.P.A.
during the time that this agreement is in full force and effect, but
the benefits thereof are not received by the County until after
:, tte-rmination of this contract, 12, ?.A, shall be entitled to be credited
--far obtaining such benefits anu shall be entitled to such compensation
as may be provided for the performance of such service. The denial of
an application which occurs subsequent to the termination of this
agreement shall terminate the obligation of the County for payment to
R.P.A. for such application.
IV. COMPENSATION. In consideration for the performance
by R.P.A. and the services set forth in this agreement, the County
agrees to pay R.P.A. the following sums under the following terms
and conditions:
A. PREPARATION AND FILING FEES.
County agrees -to pay R.P.A. a fee for each appli-
cation filed, refiled or resubmitted as part of the cost of prepara-
tion and filing in the amount of SEVEN HUNDRED DOLLARS up to TWO
THOUSAND FIVE HUNDRED DOLLARS ($700.00 - $2,500.00) plus travel
expenses per application submittal or resubmittal as defined in
Section C of this agreement. Such fee and reimbursement for travel
expense for preparation and submittal of an application shall be due
to R.P.A. upon receipt by the County of R.P.A.'s invoice and payable
by the County to R.P.A. within 60 days of submittal of R.P.A.'s
invoice for same to.the County regardldss of the successof the
application or request for grant or loan.
B. ADDITIONAL FEE SCHEDULES.
In addition to the preparation and filing fees
which ,are referred to above, County agrees to pay R.P.A. a fee,
- 6 -
contingent solely upon County's receiving approval of a grant of
money, services, material, or personal or real property. R.P.A.'s
entitlement to such a fee shall be on an application by application
basis.
The - ies agree that the following schedule
setting forth the fee payable by County vis-a-vis the amount granted
pursuant to each application or request is as follows:
SECONDARY FEE
PAID BY CLIENT
AMOUNT APPROVED IN EACH
APPLI CKV ION
3 1/2%
Above $2,250,000
3 3/4%
$1,250,000
to
2,250,000.00
4 %
1,100,000
to
1,249,999.99
4 1/4%
950,000
to
1,049,999.99
4 1/2%
4 3/4%
800,000
to
949,999.99
650,000
to
799,999.99
5 %
500,000
to
649,999.99
5 1/4%
350,000
to
499,999.99
5 1/2%
200,000
to
349,999.99
5 3/4%
50,000
to
199,999.99
6
under
$50,000.00
Normally, grant requests under $20,00.00 are not handled
by the firm for clients who are not under a yearly retainer
contract.
The fee provided above is additional consideration
for the preparation, filing and attendant research and work involved
in such efforts, and not as a bonus, commission or extra payment.
If for any reason the application or request is
approved, but the money, services, material or personal or real
property is not accepted by County, R.P.A. shall be entitled to a
fee equal to 3.6 times R.P.A.'s personal and consultant expenses plus
direct and out-of-pocket expenses incurred in the preparation and
filing of the approved application and all applicable "pre -application
research" and "post -application" activities. The basic application
preparation fee will not be set off against such payment.
In the event the application or request is for a
grant or an award, non -monetary in nature such as, for example,
- 7 -
11
are
professional services, materials, property, equipment, technical
information, the fee shall be calculated based upon the fair market
value of the material, property, equipment, service or technical
information approved.
All fee payments shall be due''to R.P.A. upon
receipt by the County of R.P.A.'s invoice and payable by the County
to R.P.A. with 60 days of R.P.A.'s submittal of an invoice to the
County for payment of same.
C. TRAVEL EXPENSES AND OUT-OF-POCKET EXPENSES.
The County agrees to reimburse R.P.A. for all of
R.P.A.'s travel and out-of-pocket expenses which are incurred by R.P.A.
while working on a project for the County based upon the following
guidelines:
Travel expenses based upon the least expensive
class of the particular travel medium used, available under the
circumstances, taking into consideration the availability of such
travel service and the exigency of such staff member's requirement
to travel in order to provide the service required under the contract.
For example, in the use of air travel, tourist class accommodations
shall be used unless under the circumstances such class accommodations
are not available and there is a need for such travel to be per-
formed in a specified time frame. In such latter event first-class
travel can be used, provided, however, that R.P.A. shall in all
events be prepared to justify the use of such more expensive travel.
If ground transportation is required, R.P.A.
shall use such method as will accommodate the needs of the traveler
but which will result in the least expense to the County, for
example, if under circumstances, taxi_ or limousine transportation
- 8 -
will not provide the necessary service, R.P.A. may utilize rental
motor vehicles, no larger than intermediate sized and under the terms
and conditions which will result in the greatest saving to the County.
R.P.A.'s staff persons shall each be allowed up
FOR'' 'C)LLARS ($40.00)
to �I£X7'�...'��g7X��]C, (�%X�4�) der day for lodging and subsistence
expenditures provided further that in all instances all expenditures
for which reimbursement is sought shall be supported by appropriate
written voucher.- However, if circumstances are such that the
FORTY DOLLARS ($40.00)
per day maximum individual allowance
will be insufficient to reasonably provide for the needs of the
traveler, such as, for example, if the traveler is required to be
in attendance during the peak of a seasonal period, then, with
prior approval by the County, the allowance may be increased to
meet such circumstances.
Fees for reimbursable expenses shall be clue to
R.P.A. upon receipt by the County of R.P.A.'s invoice and payable
to R.P.A. by the County to R.P.A. within 60 days of R.P.A.'s
submittal of an invoice to the County for payment of same.
LOANS.
D. FEES FOR PREPARING REQUEST FOR GOVERNMENT
In the event County requests R.P.A. to negotiate
and obtain a government loan of money, R.P.A.'s compensation will
be determined based upon the preparation and filing fee set forth above
plus an additional sum based upon a percentage of the total amount
of the loan as agreed to in writing by the parties, but not to exceed
two (2) per cent.
E. ENTIRE AGREEMENT. This document sets forth
the entire agreement between the parties and each party represents to
- 9 -
the other that there are no representations, promises or statements
which have been made each to the other not embodied within the
provisions hereof.
IN WITNESS WHEREOF, we have hereunto set our hands
Y DC
arrc seals this First day of June, 1979.
ATTEST:
v
ATTEST:
- 10 -
COUNTY OF MONROE, FLORIDA
By
RECREATION PLANNING ASSOCIATES, LTD.
By
JIP?AOWD A j�?
u
AttornW# Ol/res
I00