Fort Walton Beach Resolution — 80-21-Rehab of Butler Terrace Contracts — reading text

accurate or defective LOCAL PUBLIC AGENCY, APPRAISER on demand and without any cost to the The APPRAISER will promptly deliver to the LOCAL PUBLIC AGENCY all status or each parcel documents as completed and report progress or as required. The compensation for performing work VII. COMPENSATION. in the herein described area shall be as covering all parcels follows: and recommend to the Provide appraisal of parcels A. Review APPRAISER, fair market value. 1. $ 100. 00 per vacant or unimproved parcel; 2. $ 150. 00 per occupied or single family resi- dential parcel; 3. $ 50. 00 additional family units above single per family residential units, in the same structure, the LOCAL payable upon completion and acceptance by PUBLIC AGENCY or its designee; for additional single family houses 4. $ 100. 00 on the same lot.  pa~ e 3 ,'/ AGREEMENT & CONTRACT/ APPRAISER assigned Review APPRAISER will review each of two B. The appraisals provide a written report setting forth the recommended and fair market value of the property; $ 35. 00 per review payable upon completion and acceptance. C. $ negotiable per parcel for leasehold and tenant interests payable upon completion and acceptance. D. $ 300. 00 per day to serve as an expert witness payable upon judication, of the cases as approved by the LOCAL PUBLIC AGENCY' s attorney. E. $ 300. 00 per day for update of appraisal pay- able upon completion and acceptance by the LOCAL PUBLIC AGENCY.. F. The term IIparcelll as used herein means and is defined as any contiguous tract of land in the same ownership, purchased at the same time whether tract consists or one or more platted lots or blocks or fractional parts thereof; is expressly mutually understood and agreed that in G. It no event the total compensation and reimbursement, if any, to be of $ 7, 000 for all services paid hereunder exceed the maximum sum required, provided that no more than 45 parcels of property are in- volved. In the event of an overrun, unit fees will be paid for services rendered. VIII. BREACH. In the event of breach of any TERMINATION FOR condition provision or hereof, the LOCAL PUBLIC AGENCY shall have the right, by prior written notice, to terminate the APPRAISER' s employ- ment hereunder and cancel this CONTRACT and have the work called for hereby otherwise performed, without prejudice to any other rights or remedies of the LOCAL PUBLIC AGENCY. The LOCAL PUBLIC AGENCY shall have the benefit of such work as may have been completed up to the time of such termination or cancellation, and with respect to any part which shall have been delivered to and accepted by the LOCAL PUBLIC AGENCY there shall be an equitable adjustment of compensation. i IX. Irrespective of any default hereunder, CANCELLATION. the LOCAL PUBLIC AGENCY may also, at any time at its discretion, terminate the APPRAISER' s employment hereunder and cancel the CON- TRACT, in whole or in part, and in such event, the APPRAISER shall be entitled to receive compensation as specified herein for all work completed and accepted prior to such termination. ASSIGNMENT OF APPRAISER. X. The APPRAISER' s obligation and duties under this CONTRACT shall not be assigned in whole or in the APPRAISER in writing stating part unless previously requested by the reason for the request and subsequent approval by the LOCAL PUBLIC AGENCY. shall not prohibit the assignment of the pro- This ceeds due hereunder to a bank or financial institution. This CON- TRACT may be assigned by the LOCAL PUBLIC AGENCY to any corporation, agency, or instrumentality authorized to accept such assignment. XI. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this CONTRACT, the APPRAISER further agrees as follows: A. The APPRAISER will not discriminate against any em- plouee or applicant for employment because of age, race, color, re- ligion,' national sex or origin. The APPRAISER will take affirmative action to ~ nsure that applicants employed, and that employees are color, are treated, during employment, without regard to their age, Such actions shall include, but religion, sex or national origin. are not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or ter- mination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The APPRAISER agrees to and applicants post in conspicuous places, available to employees AGENCY for employment, notices to be provided by the LOCAL PUBLIC clause. setting forth the provisions of this non- discrimination B. solicitations or advertise- The APPRAISER will, in all state ments for employees placed by or on behalf of the APPRAISER, that all qualified applicants will receive consideration for em-  r- page 4 -: AGREEMENT & CONTRACT/ APPRAISER ployment without regard to age, race, color, religion or national origin. XII. OFFICIALS NOT TO BENEFIT. No member of or delegate to the Congress or Resident Commissioner of the United States of America, or its political subdivisions, shall be admitted to any share or part of this CONTRACT or to any benefit to arise therefrom. XIII. INTEREST BY MEMBERS OF LOCAL PUBLIC AGENCY. No member, officer, or employee of the LOCAL PUBLIC AGENCY during his/ her tenure of office or for one year thereafter shall have any interest, direct or indirect, in this CONTRACT or the proceeds thereof. XIV. INTEREST APPRAISER. OF The APPRAISER covenants that he/ she presently has interest and shall not acquire any interest, no direct or indirect, in the above described project area or any par- cels therein or any other interests which would conflict in any manner or degree with the performance of his/ her services hereunder. xv. ASSURANCE OF COMPLIANCE. ( SECTION 3, HUD ACT OF 1968) TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS. A. The project assisted under this CONTRACT is subject to the requirements of SECTION 3 of the Housing and Urban Develop- ment Act of 1968, as amended, 12 U. S. C. 170u. SECTION 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to busipess concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this CONTRACT, the APPRAISER shall carry out the provisions of said SECTION 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 ( published in 38 Federal Register 29229, October 23, 1973), and all applicable rules and orders of the Secretary I issued thereunder prior to the execution of this CONTRACT. The re- quirements of said regulations include but are not limited to, de- velopment and implementation of an affirmative action plan for uti- lizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulations, to provide training, employment; and business opportunities required by SECTION 3; and incorporation of the SECTION 3 Clause, specified by SECTION 135. 20( b) of the regulations in all contracts for work in connection with the project. The APPRAISER certifies and agrees that he/ she is under no contractual or other disability which would prevent him/ her from complying with these requirements. C. Compliance with the provisions of SECTtON 3: the regulations set, forth in 24 CFR Part 135, and all appiicable