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

the parcels operation of this CONTRACT, and in such event, the APPRAISER shall only be entitled to receive payments at the rate hereinafter specified for all work completed and accepted prior to such exclusion, and in addition, equitable adjustment will be made for any substantial amount of work or service performed by the APPRAISER to the date of such exclusion, but not accepted by the LOCAL PUBLIC AGENCY. V. PERFORMANCE OF WORK. The APPRAISER shall perform the services hereinafter described as expeditiously as possible after receipt of written notification of the acceptance of this proposal by the LOCAL PUBLIC AGENCY. VI. services, documents and information to SERVICES. All be furnished or performed by the APPRAISER herein shall be furnished or performed within a reasonable time. It is mutually understood that the time within which the work is to be performed is of primary and of the essence to this proposal. The performance of importance services the delivery of documents required herein by APPRAISER or shall not relieve the APPRAISER from the obligation to correct any defective work subsequently discovered and all incomplete, in- accurate or defective work shall be remedied promptly by the APPRAISER on demand and without any cost to the LOCAL PUBLIC AGENCY, LOCAL PUBLIC AGENCY all The APPRAISER will promptly deliver to the status or each parcel documents as completed and report progress or as required. VII. COMPENSATION. The compensation for performing work herein described area shall be as covering all parcels in the follows: of and recommend to the A. Provide appraisal parcels Review APPRAISER, fair market ~ alue. 1. $ 100. 00 per vacant or unimproved parcel; 2. $ 150. 00 per occupied or single family resi- dential parcel: 3. $ 50. 00 per additional family units above single structure- family residential units, in th~ e same 6 leti: n , and ance by the aecepl: LOCAL payable- uponcomp- PUBLI~ AGENCY or its designee; 4. $ 100. 00 for additional single family houses on the same lot. page 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. $ neqotiable 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 day per for update of appraisal pay- able upon completion and acceptance by the LOCAL PUBLIC AGENCY. F. The term " parcel" as used herein means and is defined as contiguous tract of land in the same ownership, purchased at any 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 paid hereunder exceed the maximum sum of $ 7, 000. 00 for all services 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. TERMINATION FOR BREACH. In the event of breach of any condition or provision hereof, the LOCAL PUBLIC AGENCY shall have the right, written notice, to terminate the APPRAISER' s employ- by prior 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. IX. CANCELLATION. Irrespective of any default hereunder, the LOCAL PUBLIC AGENCY may also, at any time its discretion, at 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. X. ASSIGNMENT OF APPRAISER. The APPRAISER' s obligation and duties under this CONTRACT shall not be assigned in whole or in part unless previously requested by the APPRAISER in writing stating the reason for the request and subsequent approval by the LOCAL PUBLIC AGENCY. This shall not prohibit the assignment of the pro- 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 applicant or employment because of age, race, color, re- for ligion, sex or national origin. The APPRAISER will take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their age, color, religion, sex or national origin. Such actions shall include, but 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 post in conspicuous places, available to employees and applicants for employment, notices to be provided by the LOCAL PUBLIC AGENCY, setting forth the provisions of this non~ discrimination clause. B. The APPRAISER will, in all solicitations or advertise- behalf of the APPRAISER, state ments employees placed by for or on that all qualified applicants will receive consideration for em-  page 4 AGREEMENT & CONTRACT/ APPRAISER ployment without regard to age, race, color, religion or natiQnal 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 direct any interest, or indirect, in this CONTRACT or the proceeds thereof. XIV. INTEREST OF APPRAISER. The APPRAISER covenants that he/ she presently has no interest and shall not acquire any interest, 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. any other provision of this CONTRACT, Notwithstanding 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 r' 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