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CONSULTING AGREEMENT IN GRANT EVALUATION FOR NEIGHBORHOOD POLICING INITIATIVE FOR THE HOMELESS CONSULTING AGREEMENT THIS AGREEMENT is made and entered into this ~D ~ay of ~~ 2001, by and between, W. R. Blount and Associates, Inc., 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 a grant evaluation for U.S. Department of Justice/Bureau of Justice Assistance for a' Neighborhood Policing Initiative for the Homeless; 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 ;.t:t day of ~ , 2001, and shall terminate on the 3oti- day of ~ ,~o3, unless earlier terminated by either party hereto. Either party may terminate this Agreement upon thirty (30) days period written notice, except that if the Consultant terminates this Agreement prior to City's receipt of the first progress report, the Consultant shall return the first $12,500 payment. Extension of the termination day of this contract may be made by written notice and agreement by both parties to the extension. 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: 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 $50,000. The first payment in the amount of $12,500 is to be paid upon execution of the contract. The City shall pay the Consultant $12,500 at the end of the eighth month of the contract period upon receipt of a progress report. The City shall pay the consultant $12,500 at the end of the sixteenth month of the contract period upon receipt of a progress report. The City shall pay the Consultant the remaining balance due ($12,500) pursuant to the receipt of required final report 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 an employee of the City. 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 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 may consider confidential. This information may include, but is not limited to, legal or investigative matters that may be exempt from disclosure under Florida's public record law. 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 1.0. NUMBER The taxpayer 1.0. number of the Consultant is SQ-..3'f.b3SJ 0 2 8. 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. 9. REPRESENTATION AND WARRANTIES The Consultant will make no representation, warranties, or commitments binding the City without the City's prior consent and approval. 10. 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 others 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 terminate all obligations of the City to pay any amounts which remain unpaid under this Agreement. 11. 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. 12. 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: William R. Blount W.R. Blount and Associates, Inc. 7209 Hammett Rd. Tampa, FL 33647-1206 3 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 13. 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. 14. 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. 15. 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. In witness whereof, the parties hereto have set their hands and seals on the date first above written. J.~y) 1) 1./ Willia FLORIDA 4 Attest: ~~/JN/_~~ Cynt la E. Goudeau fjV City Clerk . _ _ W.R. Blount Associates, Inc. BY:~ William R. Blount 5 Exhibit A -- Schedule of Services William R. Evaluation, Blount and Associates, Inc. Grants Management and Program Consultants 7209 Hammett Road Tampa, FL 33647 978 - 0 4 7 0 FAX: ( 813 ) 978 - 9744 Phone: (813) 1. The consultant will assist program staff in a review of all data bases and management information systems to aid in assuring that 1) the relevant information is included 2) responsibility for gathering/entering that information has been affixed, 3) time lines have been developed for such entries, and 4) time lines for reports have been agreed upon. 2. The consultant will direct the three community surveys (pre- mid-post) assessing the perceptions of residential and business persons regarding homeless issues. 3. The consultant will meet regularly with the grant management staff. 4. The consultant will participate in the mid-grant review, and 5. The consultant will direct the preparation of the final report.