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ASSIST WITH THE DEVELOPMENT OF THE CITY'S FIVE YEAR CONSOLIDATED PLANNING DOCUMENT AGREEMENT TO PROVIDE CONSOLIDATED PLANNING DOCUMENT CONSULTING SERVICES ""0: This non-exclusive Agreement is made on the ~ day of , 2005, between the City of Clearwater, a political subdivision of the State of Florida (" ity") , P st Office Box 4748, Clearwater, Florida 33758-4748, and the Consultant, Florida Planning Group, Inc., a Florida corporation, qualified to provide Consolidated Planning Document Consulting services, ("Independent Contractor"), 13500 Sutton Park Drive South, Suite #401, Jacksonville, Florida 32224. WHEREAS, for the consideration hereinafter set forth, the firm of Florida Planning Group, Inc., agrees to provide professional consulting services to the City to assist with the development ofthe City's Five-Year Consolidated Planning Document. WHEREAS, Independent Contractor agrees to provide said services under the Scope of Services, and terms and conditions of this Agreement; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. SCOPE OF SERVICES. Independent Contractor agrees to provide services to the City to assist with the development of the City's Five-Year Consolidated Planning Document, according to the rules and regulations as found under 24 CFR Part 91, Part 570 and all other applicable federal requirements. a. Independent Contractor shall perform the functions and tasks to include, as a minimum, the following: . Attendance at required citizen/community meetings. . Develop and complete Special Needs, Housing and Homeless Needs Assessment. . Develop and complete a Housing Market Analysis that includes the following: o Housing Characteristics o Public and Assisted Housing o Homeless Facilities o Barriers to Affordable Housing . Develop a Strategic Plan on the following components in the Consolidated Plan: o Affordable Housing o Homeless o Special Needs o Non-Housing Community Development o Barriers to Affordable Housing o Anti-Poverty Strategy o Coordination of the Plan with other Organizations o Public Housing Initiatives o Institutional Structures o Neighborhood Revitalization o Economic Development o Continuum of Care . Develop Performance Measures to include the following: o Benchmarks o Goals and Objectives o Outcomes and Outputs . Development maps, graphs, charts and illustrations. . Respond to any comments or disapproval notice issued by the Department of Housing and Urban Development (HUD) during the 30- day review period. Including revising the plan as necessary to obtain HUD approval. . Review and develop an Economic Development Needs Assessment with an emphasis on the City's existing Neighborhood Revitalization Strategy Areas and Community Redevelopment Area (CRA). 2 2. TIME OF PERFORMANCE. Independent Contract will begin performance of the duties as outlined above on January 10, 2005 and will terminate when the City has obtained approval from HUD on their Five-Year Consolidated Plan. 3. SUPERVISION. Independent Contractor will report directly to City's Assistant Director of Housing, and/or his designee. 4. COMPENSATION. Independent Contractor will be compensated for their services as follows: a. Independent Contractor shall be compensated at a fixed price of - Thirty Seven Thousand - Five Hundred and --- No/100 ($37.500.00). b. Any changes, including any increase or decrease in the amount of Independent Contractor's compensation and changes in the terms of this Agreement which are mutually agreed upon by and between City and Independent Contractor shall be effective when incorporated in written amendment to this Agreement. 5. FACILITIES. City will provide appropriate office space, equipment and support as necessary to the Independent Contractor to perform the services, duties and tasks as outlined above under the Scope of Services. 6. TERMINATION OF AGREEMENT. Either party at its sole discretion may terminate this Agreement by giving the other party ten (10) days written notice of its election to do so and by specifying the effective date of such termination. The Independent Contractor shall be paid for their services through the effective date of such termination. Further, if Independent Contractor shall fail to fulfill any of their obligations hereunder, this agreement shall be in default, the City may terminate the agreement, and Independent Contractor shall be paid only for work completed. 7. INTERESTS OF PARTIES. Independent Contractor covenants that they shall have no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. 3 a INDEMNIFICATION AND INSURANCE. Independent Cortractor agrees to protect, defend, indermifyand hdd the Oty end its officers, errpoyees and agents free and harmess from and against any end all losses, penalies, damages, settements, costs, char~s, prctessional fees or ether expenses or liabilities of eJery kild and character arsing out of or due 10 any regligent act or emission of Independent Contractor in comection with or arising directly or indrectly out of this Agreementcnd/or the performance hereof. This provision shall survive the 1ernination of this Agreement. Independent Contractor shall maintain insurance coverage in the amount of $1,000,000.00 of general liability insurance and $1,000,000.00 in professional liability insurance. Documentation must also be provided for Workers Compensation insurance. 9. PROPRIETARY MA T~ALS. Upon terrrination of this Agreerrent, hdependent Contractor shall transfer, assgn and make availabe to Oty or its rep-esentatives all property and materials nlndependent Contractor's possession belongirg to or paid by the City. 10. ATTORNEYS FEES. In the event that either party see~ to enforce this Agreement through attorneys at law, then the pa1ies ~ree that each party shall bear is ow n attorney fees and costs, and that jursdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Rorida 11. GOVERNING LAW. This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida, Pinellas County and the City of Clearwater. 4 IN WITNESS WHEREOF, the City and Independent Contractor have executed this Agreement on the date first above written. Countersigned: ~..~R ~ Hibbard ' Mayor-Councilmember CITY OF CLEARWATER, FLORIDA By ~~~J1 William B. Home II City Manager ~:s25.r?l- r)l Ruff ASSistant City Attorney Attest: ~c.JL- .0. ~~L Cyn E. Goudeau City rk ../ --_ ./- Its: Witnesses: P' 5