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1950-05CON T R ACT THIS CONTRACT, made and entered into this 9th day of August, 1950 by and between the City of Clermont. a munic- ipal corporation of the County of Lake and the State of Florida, hereinafter referred to as the "CITY", and Warren P. Hunnicutt, trading and doing business as Hunnicutt and Associates, of the County of Pinellas and the State of Florida, hereinafter referred to as "HUNNICUTT", WHEREAS, HUNNICUTT, a member of the American Institute of Appraisers, is engaged in the business of making appraisals ot real and personal property and is experienced in the methods of appraisal; and WHEREAS, by virtue of a contract dated February 28, 1950, between the CITY and HUNNICUTT, HUNNICUTT has done and has performed certain services as required and set forth in said con- tract, and as a result thereof, has set up, turned over and de- livered to the CITY the Hunnicutt Assessment Appraisal System, hereinafter referred to as the "SYSTEM", which said SYSTEM has been installed in accordance with the manual entitled "The Installa- tion and Maintenance, Hunnicutt Assessment Appraisal System", hereinafter referred to as the "MANUAL", which MANUAL, by reference, is made a part of this contract; and WHEREAS, the CITY deems it to be to the best interests of the CITY and its citizens that the appraisals heretofore made by HUNNICUTT and the SYSTEM heretofore installed by HUNNICUTT be kept and maintained up to date for the use, information and benefit of the Tax Assessor in making up tax assessment rolls for 1951 and subsequent years, and in order to accomp1iah said purpose, the CITY and HUNNICUTT, with respect thereto, mutually agree as follows: 1. EFFECTIVE DATE OF CONTRACT: The contract above referred to between the CITY and HUNNICUTT dated February 28, 1950, be, and the same hereby is affirmed by the parties hereto, and the same shall remain in force and effect to and including December 31, 1950, at which time the same shall 2. terminate. The terms and conditions of this contract shall be binding upon the parties from the date hereof,.but shall be effect- ive from January 1, 1951, to and including December 31, 1951, and shall thereafter remain in ,force and effect for succeeding twelve- month periods, unless and except the same be cancelled, as herein- after provided; and it is agreed that the failure to cancel in the manner provided, shall constitute and shall be an affirmative renewal of this contract. 2. APPROVAL OF THE SYSTEM: The SYSTEM, as described in the MANUAL, heretofore referred to, is hereby approved by the CITY for official use during the term of this contract to be kept and maintained by the CITY and HUNNICUTT in the manner hereinafter provided for the Use, benefit, and guidance of the officials of the CITY in connection with property valuations for tax purposes. 3. WORK TO BE DONE BY, THE CITY: The Assessor shall,be responsible for the determination of all properties which shall be assessed, re-assessed, or involving any change of the records thereof for the preparation of the next tax roll and shall annually maintain the assessment control system of the SYSTEM, as described in the MANUAL as hereinafter stipulated. 4.. WORK TO BE DONE BY HUNNICUTT: HUNNICUTT shall be responsible for the maintenance of the SYSTEM and shall evaluate all of the properties which are identified by there having been made a reoord thereof in the assessment control files and shall make other appraisals, maintain equalization, and perfect the records of the SYSTEM in agreement with the tax roll and the official acceptance thereof by the CITY, all as hereinafter stipulated. 5. THE MAINTENANCE ACCORDING TO THE MANUAL: The work to be done by the CITY and by HUNNICUTT for the annual maintenance of the SYSTEM shall be done according to the MANUAL. 4. Complete Revaluation of Business Personal Property: Every third year following the year 1950, HUNNICUTT shall study the value ot all business personal property, reinspect all such property, re- determine the value of all inventories, fixtures and equipment, and revaluate all accounts of business personal property where the valuations are found to be inconsistent with equalization. 8. REVALUATION TO CHANGE THE LEVEL OF VALUES FOR ASSESSMENT;:" If, and when, a superseding percentage of values to be used by the Assessor for assessments is determined, HUNNICUTT &naIl correct all valuations accordingly. 9. WHEN VALUATIONS WILL BE AVAILABLE TO THE ASSESSOR EACH YEAR: HUNNICUTT shall make available to the Assessor the valuations of all properties in sufficient time for the Assessor to complete the tax roll. 10. PRICE TO BE PAID HUNNICUTT BY THE CITY: The CITY shall pay HUNNICUTT for his services under this contract the total cost of the work to HUNNICUTT plus a profit of twenty-five percent (25%) of the total cost as hereinafter explained. ll. HOW COSTS AND PROFIT SHALL BE COMPUTED: HUNNICUTT shall cause to be kept under the usual business policies and accounting practices of HUNNICUTT a separate account for the City of Clermont in the books of the Municipal Appraisal Department of Hunnicutt and Associates in which shall be recorded all charges for the work under this contract. All charges to this account shall consist of actual expenses, including the salaries, social security taxes, state unemployment oompensation taxes, any other compulsory payroll taxes which may be hereafter imposed, all materials used or furnished to the CITY, and other expenses, including time invol,ved .in the negotiation bf this contract, or any renewal thereof, and also including travel expenses of all employees of HUNNICUTT either while attending to the work or while attending to any business pertaining thereto, or in connection with the negotiation of the contract or renewal thereof. 5. This shall constitute the direct cost of the work to HUNNICUTT. The indirect costs for overhead and other indirect costs all shall be computed to be either seven percent (7%) of the direct costs, or One Hundred Dollars ($100.00), whiohever sum is the greater. The total cost of the work will be therefore, the total of the direct and indirect costs. The profit shall be computed to be twenty-five percent (25%) of the total cost. 12. PAYMENTS: Each year, prior to the official acceptance of the tax roll by the CITY, the CITY shall pay HUNNICUTT each month upon receipt of a statement the direct costs of the work and Ten Dollars ($10.00) per month to apply on the indirect cost, and after the official acceptance of the tax roll by the CITY, the CITY shall pay HUNNICUTT upon receipt of a statement the total cost of the work and the profit. 13. CANCELLATION OF CONTRACT: This contract may be cancelled by written notice either by the CITY or by HUNNICUTT, but only during the period beginning on the day the tax roll of any year is officially accepted by the CITY and ending at Midnight on the 3lst day of October each year; how- ever, should this period be less than thirty (30) days, the period in each case shall extend through Midnight of the thirtieth day subsequent to the said day the tax roll is officially accepted by the CITY. l4. PAYMENT IN CASE OF CANCELLATION: In the case this contract is cancelled, the total price of the work for the year shall be due and payable to HUNNICUTT to and including the day written notice is received. l5. TRANSFERS OF TITLE: The CITY shall obtain from the Clerk of the Circuit Court of Lake County transcripts of all transfers of title of property within the City of Clermont. 16. AUTHORITY FOR PAYMENTS: The officers of the said CITY are hereby authorized to make 6. all payments to HUNNICUTT ror his services under this contract upon receipt of statements and without rurther direct or indirect action of the Com.miss'ion. 17. USE OF CITY EMPLOYEES BY HUNNICUTT: HUNNICUTT shall reimburse the CITY for the salary of any person in the employment of the CITY for such time as used by HUNNICUTT in connection with the installation or maintenance of the SYSTEM. This does not include time spent by the officials or the CITY, including the City Manager, City Clerk, and City Tax Assessor. 18. ASSISTANCE: HUNNICUTT agrees to assist and advise the Assessor and/or the Board of Equalization in all matters pertaining to the appraisal of properties under this contract and to have a representative present at all meetings of the Board of Equalization. 19. DEFENSE OF VALUATIONS: HUNNICUTT agrees that in case any legal attack be made upon any of his appraisal valuations, he will do any and all things reasonably necessary to assist the CITY in the defense ot any such suit, without any extra charge; all court costs and attorBeys' fees to be paid by the CITY. 20. OFFICE SPACE: The CITY shall furnish adequate office space in the City Hall for the employees of HUNNICUTT without charge. 21. DEFINITION OF TERMS: The CITY; Wherever the CITY is referred to in this contract, it shall mean the governing authority of the City. HUNNICUTT: Wherever HUNNICUTT is referred to in this contract, it shall mean Warren P. Hunnicutt, trading and doing business as Hunnicutt and Associates, and hi'S duly authorized employees. The MANUAL: Wherever the MANUAL is referred to in this contract, it shall mean the Hunnicutt Assessment Appraisal System referred to in this contract. 7. The SYSTEM: Wherever the SYSTEM is referred to in this contract, it shall mean the Hunnicutt Assessment Appraisal System, as described in said Manual. Assessor: Wherever the Assessor is referred to in this contraot, it shall mean the duly elected or appointed and qualified Tax Assessor of the City. Commission: Wherever the Commission is referred to in this contract, it shall mean the governing body of the City, whether a Commission or Council. IN WITNESS WHEREOF, the said City of Clermont has caused these presents to be executed by its duly authorized officers, and the official seal to be hereunto attached, all pursuant to lawful authority, and the said Warren P. Hunnicutt, trading and doing business as Hunnicutt and Associates, has duly executed the same, all in duplicate, the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of: As to City CITY OF CLERMONT By Mayor APPROVED AS TO FORM AND CORRECTNESS: ATTEST: City Auditor and Clerk (Seal) City Attorney As to Hunnicutt (Seal) Trading and doing business as Hunnicutt and Associates POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS: That I, W. P. HUNNICUTT, indi- vidually and trading and doing business as Hunnicutt and Associates, of the County of Pinellas and State of Florida, hereby appoint R. L. DOWLING, JR., of the County of Manatee and State of Florida, my true and lawful agent and attorney for me and in my name and on my behalf, to make, sign, execute and deliver any and all contracts and agreements relative to appraisal of real or personal property, with any city, county, state or governmental agency, or wlth any individual. corporation, partnership or other legal entity, to do any and all things necessary to carry out, perform and comply with such contract or agreement, and to change and modify same; to engage, employ and dismiss any agents, clerks, servants or other persons in and about the performance of any such contract or agreement; to collect any sums due me under such contracts and agreements, and to sign and receipt for same; to compromise and settle any and all dispute. which may arise out of any contract or agreement, and to do any and all things in and about the making, signing, execution, delivery and performance of such contract or agreement, which I might do it per- sonally present. IN WITNESS WHEREOF, I have hereunto set my hand and seal at St. Petersburg, Plnellas County Florida, this, the 9th day of August, AD 1950 Signed Sealed and Delivered in the presence of: (SEAL) Individually and trading and doing business as Hunnicutt and Associates. STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, That on this day, before me, an offioer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared W. P. HUNNICUTT, individ- ually and trading and doing business as Hunnicutt and Associates, to me known to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the county and state last aforesaid, this 9th day of August, A. D., 1950. Notary Public My Commission Expires: Notary Public, State of Florida at Large My Commission Expires March 7, 1951.