CONTR4CT BETWEEN THE CITY OF JACKSONVILLE AND AVALANCilE (:ONSULTING, l"'C. FOR EVALUATION OF ECONOMIC DEVELOPMENT PROFU.E ~.day of_;:{l(~:Yt.d~_, 20 H (the THIS CONTRACT, made and entered into this_ "Ellcctlvc Da!e"J, by and between the ClTY OF JACKStSNVIUE (!lie "CITY"), a municipal .;:orpomtion e;.;isting under the Constitution arui the la""S of. the State of Florida, and AVALANCHE CONSULTING, INC. (the ''CONTRACTORti), a Texas cor~ration a.uthorizcd to transact business in Florida and with its. principal. offices at !0 I West 6' Street, Suite 612, Austin, Texas 7~701. \VHEitEAS, the ClTY (as the UBuyer') issued an Invitation to Bid No. P·15-l4 {including all addendum, the "ITB''}, dated January 21, 2014, for ev~!u!!tion of the City of Jacksonville's Economic Development Profile (the "Services''); !l!ld WliEREAS, based on CONTR;\CTOR'S response to the lTB dated Jarmary .31, 2014, consisting of 29 pages (the ~Response"), the CITY has awarded this Contract to CONTRACTOR; NOW 'fl:IEREFORE, in consideration of the premises and the mumal contained below, the parties agree as tollowsc covenanl~ l. P'erf:l!rllJ{Ince of,!;~rvic;;l!. The Services will be performed by CONTRACTOR as specified in .the ITB and the Response. 1. C!!lllPeJ:t~<lli!!n. CONTRACTOR will be paid by the CITY for the Services in accordance with the Price Proposal as set forth in the Response. J. J):l.!lxii)}Jlm_l!!l!.~b.tlld!l.~!i.· As required bY Section l 06.431, Ordinance Code, the CITY's maximum indebtedness, for all services under this Contract shall be a fixed monetary an1ount not-to-exceed SIXTY THOUSAND AND NO/HlO DOLLARS {$60,000.00). 4. Iel:rtl· The initial term of this C<m!ract shall commence upon the Etfectiw Date and shall continue until. completion oflhi: work specified. in the ITB, unless sooner tem1inllted in accordance with the tenus of the lTB. Both parties anticipate that all services cont.;:mplatcd underthe !TB and this Contract will be completed within nin<>'tY (90) days of the Effective Date. 5. Con~ract.llQ~IJ,Illl!!lts· This Co11mact consists of the following documents which arc hereby incorporated as if fully set forth herein and which, in case of conflict, shall have priority inlhe order lis!cd: • This document, as modified by any subsequent signed amendments • Any amendments ro the ITB • Specific Information Regarding The rm (Section l of the lTB) • Genenll Instructions (Se<:tion 2 oflhe !TB) • GeneralTenns and ConQ.itiom; of Contract (Sectitln3 of the 1Tl3) • Equal Business Opportunity Pmgram Requirements (Section 4 ofthe lTB) • The RCJllJi)nse, provided that any terms in the Response that are prohibited under the lTB shall not be included in this Cnntmct. (>. N.oli~~ All notices under tl.tis Agrecrn<-'r!t shllll be in writing ond shall be delivered by certified .. mail, return reeelpt requested, or by llther delivery \Vilh receipt to the following: As !o the CITY: City of Jacks!mviUe Office of&;onomic Development, .Ste. 275 117 W. Duval Street Jacksonville, Florida 32202 Attn: Josh Kelne With Copy to; Office of General Counsel City of Jacksonville Attn: Government Operations and Contracts Dept 117 West Duval Street, Suite480 Jacksonville, .Florida 32202 As to the CONTRACTOR: Avalanche Consulting, lnc. 10 I West 61h Street, Suite 6.12 Austin, Texas 78701 Attn: Amy Holloway 7. Contrllcj:J~!!.i!I!Kers., Each Party \'\'ill designate a Contract Maasger during lhe term of this Contract whose ·responsibility shall be to oversee the. Party's pertormance of it~ duties and obligations pursuant to the terms of this Contrael As· of the Effective Date, CITY'S Contract Manager is Josh Kelrll:, and the CONTRACTOR'S Contract .Manager is Amy Holloway. Each Party shall provide prompt written notice to the oilier party of any changes to the Party's Contract Manager or his or her contact information; provided, such chan!,res shall not be deemed Contract.amendmcnr.~ and may be provided vilt email. 8. I£ntirl!Agr~enJ.. This Contrae1 constitutes !he entil'(l agreement between the parties hereto i:br the. Services to be performed and furnished by the CONTR.t\CTOR No statemem, representation, writing, understanding, agteemeni, course of action or Clltttse of 2 conduct, made by eitllet party or any representative of ei!het party, wh.icll is not expressed herein shall be binding. CONTRACTOR may not lllli!aterally modify the tenus of thi$ Contract by affixing additional terms to materials delivered to the CiTY (e.g,, "shrink wrap~ lenns accompanying or affixed to a deliverable) or by including such tetms on a purchase order or payment document. CONTRACTOR acknowledges that it is cnieriug into tbis Contract lor its own purposes and not for the benet1t of any third party. 9. Amendments. AU changes. to, additions to, modifications of, or amendment to !his Contract, or any of the terms, pn:wisions and condition.-; her<.'Of, shall be binding only when in writing and signed by the authorized officer, agent or representative of each of !he parties hereto. 10. «:.:'!!UI!tl'lrpartll• This Contract, aad all amendments thereto, may be executed in several. eollllterparts. each of whlch shall be. deemed. an original, aad all. of such counterparts together sba! J co.nstitute one aad the s~ instrmnent. JN WlTNESS "VIIEREOF, fue parties have executed this Contract as oftlte day and year first above written. CITY OF JACKSONVU,U: ATTEST: In accordance with Sectiott Ordirl£lnce Code of the City of Jacksonville, l do hereby. certif)i that there is all. unexpended, Ullencumbcred and Ullimpounded balan~i! in the appropriation sufficient to cover !he foregoing agreement; and that provision has been.made for the payment of rnonles provided therein to be paid. ~f~~0~ qq 53 ______ CITY Contract Number; Karen Bowling Chief Administrative Officer For: Mayor Alvin Brown Under Authority of: Executive Order No. 2013-04 Form Approved: AVALANCUE CONSULTING, INC., a Texas Corporation A.TTEST: /'· By~---- Signature Type/1:'/int Name Name Title 4 i
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