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PROBLEM SOLVING PARTNERSHIP PROGRAM GRANT J , CONSULTING AGREEMENT THIS AGREEMENT is made and entered into this ~ day of January 1998, by and between the University of South Florida, acting for and on behalf of the Board of Regents, a public corporation of the State of Florida, Carnot Nelson, Ph.D., Department of Psychology, hereinafter referred to as "Consultant," and the City of Clearwater, a municipal corporation, hereinafter referred to as "City." WIT N E SSE T H: WHEREAS, the City is in need of assistance in the area of grant evaluations for the Problem-Solving Partnership Program Grant provided by the United States Department of Justice, Community Oriented Policing Program; and WHEREAS, the Consultant has agreed to perform consulting work for the City in grant evaluation and other related activities for the City; NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Consultant and City hereby agree as follows: 1. TERM. This Agreement shall commence on the 1 st day of January, 1998, and shall terminate on the 31st day of December, 1998, unless earlier terminated by either party hereto. Either party may terminate this Agreement upon thirty (30) days prior written notice. Extension of the termination day of this contract may be made by written notice and agreement by both parties to the extension date. 2. CONSULTANT'S SERVICES. Consultant shall be available and provide to the City professional services in the area of grant evaluations (hereinafter referred to as "Consulting Services"). These Consulting Services shall consist of the following phases: Phase I: Evaluation Strategies . Assist in tailoring and establishing baseline measures . Assist in providing outcome assessment criteria . Provide guidance in setting a revised time line . Assist in devising survey instruments Phase II: Grant Evaluation 0, /) ,) /,:"'Z ''! ... ,.'", u \._ ( \ : /) I I I . Site visitations . Examination of all data collected · Application of qualitative and quantitative statistical measures to project data . Analysis of project solution(s) · Provide conclusions concerning the impact of the project solution( s) · Supply tvvo (2) copies of the final evaluation report to the City Consultant shall perform such services according to the Schedule of Services attached hereto as Exhibit A. 3. CONSIDERATION. In consideration of the Consulting Services to be provided and performed by the Consultant under this Agreement the City will pay the Consultant an amount not to exceed $9,000.00. The first payment in the amount of $3,000 is to be paid by January 15,1998. The second payment of $3,000 is to be paid upon receipt by the City of the Consultant's mid-year report. The City shall pay the Consultant the remaining balance due pursuant to the receipt of required final reports according to the Florida Prompt Payment Act, F.S. 218.70. 4. ADDITIONAL SERVICES. No additional services or expenses will be undertaken or incurred without express written prior approval by the City. 5. INDEPENDENT CONTRACTOR. Nothing contained herein or any document executed in connection herewith shall be construed to create an employer-employee partnership or joint venture relationship between the City and the Consultant. The Consultant is an independent contractor and not en employee of the City or any of its subsidiaries or affiliates. The consideration set forth in Section 3 shall be the sole consideration due the Consultant for the service rendered hereunder. It is understood that the City will not withhold any amounts for payment of taxes from the compensation of the Consultant hereunder. The Consultant will not represent to be or hold itself out as an employee of the City and the Consultant acknowledges that it shall not have the right or entitlement in or any of the pension, retirement or other benefit programs now or hereafter available to the City's regular employees. Any and all sums subject to deductions, if any, required to be withheld and/or paid under any applicable state, federal or municipal laws or union or professional guild regulations shall be the Consultant's sole responsibility and the Consultant shall indemnify and hold the City harmless from any and all damages, claims and expenses arising out of or 2 I I resulting from any claims asserted by any taxing authority as a result of or in connection with said payments. 6. CONFIDENTIALITY. In the course of performing Consulting Services, the parties recognize the Consultant may come in contact or become familiar with information which the City or its subsidiaries or affiliates may consider confidential. This information may include, but is not limited to, legal or investigative matters which may not be public record. The Consultant agrees to keep all such information confidential and will not discuss it or divulge it to anyone other than appropriate City officials or their designees. 7. CONSULTANT'S TAXPAYER I.D. NUMBER. The taxpayer 1.0. number of the Consultant is 1-59-6001874-F5. 8. INSURANCE. The University is an institution of the State of Florida, and its "self insurance" limitations are provided by law. The University is provided with comprehensive general liability insurance with the limits of $100,000.00 per person, $200,000.00 per occurrence, pursuant to the terms and limitations of Florida Statutes, Section 768.28 and Florida Statutes, Chapter 284, Part II. 9. COMPETENT WORK. All work will be done in a competent, professional manner in accordance with applicable standards of the profession and all services are subject to the final approval by a representative of the City prior to payment. 10. REPRESENTATION AND WARRANTIES. The Consultant will make no representation, warranties, or commitments binding the City without the City's prior consent and approval. 11. LEGAL RIGHT. The Consultant covenants and warrants that it has the unlimited legal right to enter into this Agreement and to perform in accordance with its terms without violating the rights of other or any applicable law and that it has not and shall not become a party to any other agreement of any kind which conflicts with this Agreement. Breach of this warranty shall operate to terminate this Agreement automatically without notice as specified in Section 1 and to 3 I I terminate all obligations of the City to pay any amounts which remain unpaid under this Agreement. 12. THE WAIVER. Failure to invoke any right, condition, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure. 13. NOTICE. Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly addressed to the appropriate party at the address set forth below: A. NOTICES TO CONSULTANT: Carnot E. Nelson, Ph.D. University of South Florida Department of Psychology College of Arts & Sciences 4202 East Fowler Avenue, BEH 339 Tampa, FL 33620-8200 B. NOTICES TO CITY: Mail to: Sid Klein, Chief of Police Clearwater Police Department 645 Pierce Street Clearwater, FL 33756 With a copy to: City Attorney's Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758 14. ENFORCEABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be impaired. 4 I I 15. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements of understandings, whether written or oral. No amendment or extension of this Agreement shall be binding unless in writing and signed by both parties. 16. BINDING EFFECT, ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the Consultant and the City. Nothing in this Agreement shall be construed to permit the assignment by the Consultant of any of its rights or obligations hereunder, and such assignment is expressly prohibited without the prior written consent of the City. 17. GOVERNING LAW, SEVERABILITY. In the performance of this Agreement, each party shall comply with all applicable federal, state and local laws, rules, ordinances and regulations. This Agreement shall be governed by the laws of the State of Florida. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In witness whereof, the parties hereto have set their hands and seals on the date first above written. Countersigned: CITY,OFCLEARWATER, FLORIDA By: N\r- . Michael J. Roberto, City Manager Approved as to form and legal sufficiency: ~~ Assistant City Attorney Attest: - " - .,...,,~ u' f~,-. [~ / ~:~'~:" Cynt t E. Goucte.~1J City Clerk A I\,~',,,/<:,'\";:..D !--::: i'Q i~ _. --~ 1+::" . \/ ',,':" Li;Vf\l'~DERf~, 5 /.'i -!".,Y',r!C:'( L;SF I EXHIBIT A I 1. Data will be colleded to answer the following questions: · To what extent is the pUblic drinking problem caused by area residents vs, homeless? · To what extent does problem drinking lead to other problems within the area? · How has public drinking affeded area businesses? · How have customers of area businesses been affected by the public inebriate? · What is the perception of public drunkenness in the area? · Where is public drinking the heaviest; what do these areas have in common? · Does the public drinking seem higher during certain times of the day? · Where is the public drinking taking place (on the streets/sidewalks, inside door ways, in wooded areas, behind buildings, in vehicles (parked), residential or commercial areas? · Are the offenders residents of the area? · Why did the offender come to this particular area? · How long has the offender been drinking? How often do they drink? · Is the offender employed? What type of employment do they have? How do they pay for the alcohol they consume? · Do they drink anything other than "accepted" alcoholic beverages? We will also work to: · Define the population that have been the major perpetrators. · Define areas of high level of public drunkenness. · Measure the impad of the program on the number of homeless and repeat offenders in the area and measure the public's opinion of public drinking problems. 2. Meet with Project staff regarding evaluation plan by January 15, 1998. 3. Submit evaluation plan for approval January 31, 1996. 4. Review existing records for use as baseline January 31, 1998. 5. Develop all survey instruments for review February 28, 1998. 6. Revise survey instruments March 15,1998. 7. Begin data collection April 1, 1998. Data collection continues until November 30, 1998. e. Data reviewing and analysis from May 1 - November 30, 1998. 9. Semi annual proLs report aubnrilled June 15, 1998 t review _ detailing all evaluation activities and summarizing all data collected. Submit revision by June 30, 1998. 10. Submit final report for approval, December 15, 1998. Submit revision by December 31, 1998.