PROFESSIONAL SERVICES FOR CDBG PROGRAM
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this 12th day of February, 1993,
by and between CITY OF CLEARWATER, hereinafter referred to as the "CITY", and the
FLORIDA PLANNING GROUP, INC., 8647 Baypine Road, Suite #220, Jacksonville, FL
32256, hereinafter referred to as "CONSULTANT".
WIT N E SSE T H:
WHEREAS, the CITY is desirous of employing a consultant to perform interim
professional services relating to its application for, and planning, management,
and administration of, a Community Development Block Grant Program (CDBG); and,
to perform such other related comprehensive planning and community development
services as the CITY may deem necessary; and
NOW, THEREFORE, in consideration of mutual covenants and conditions set
forth hereafter, the CITY does hereby employ CONSULTANT, and CONSULTANT does
hereby accept employment in accordance with the covenants and conditions which
follow, including those set forth in Exhibits "A" which is attached hereto and
incorporated herein by reference.
1. TERM OF AGREEMENT
Upon its complete execution, this Agreement shall remain in effect until
3/12/93, unless terminated or renewed pursuant to the provisions of this
Agreement, or unless the term is modified by mutual agreement of the CITY and
CONSULTANT.
2. DESCRIPTION OF WORK
CONSULTANT shall perform the work set forth in and in accordance with
Exhibit "A", which is attached hereto and incorporated herein by reference.
3. FINANCING
Funding for the project will be provided as follows:
$9,900.00
4. CITY'S REPRESENTATIVE
The CITY'S representative for this project shall be James polatty whose
primary function will be to provide general administration of the contract. In
performing these duties he shall represent the CITY during the entire period of
the Contract unless and until replaced pursuant to the direction by the City
Manager.
5. DUTIES OF CITY
The CITY shall give all instructions to CONSULTANT through the CITY'S
representative and shall provide:
a. Clear direction as to the CITY's needs and expectations under this
b. Access to all relevant background material, including maps,
documents, site file forms, photographs, and other pertinent data in the
possession of the CITY.
c. Reasonable assistance from all CITY departments.
d. The CITY shall exercise due diligence in the discharge of its
responsibilities and obligations under this Contract.
e. Upon notification by CONSULTANT of formal matters requiring
official Board of City Commission action in order to comply with CDBG
requirements, the CITY shall promptly agenda such matters and schedule any
necessary public hearings within three (3) weeks of such notification.
f. Indemnification: The CITY agrees to indemnify CONSULTANT and its
agents or employees to the extent authorized by law, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees in case it
shall be necessary to file an action, arising out of the performance of the work
herein and caused by the CITY'S negligent acts or omissions. Provided, however,
that this paragraph shall not be construed as a waiver of any defense or
limitation available to the City pursuant to the Sovereign Immunity Act (Section
768.28, Florida Statutes) .
6. DUTIES OF CONSULTANT
CONSULTANT shall have the following duties, obligations and
responsibilities:
a. Responsibility for and Supervision of Work: CONSULTANT shall be
solely responsible for all work under this contract, including the techniques,
sequences, procedures, means and coordination of and for all work. Florida
contract.
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The CITY, by making payment, waives all claims except those arising out of
Florida Planning Group's failure to comply with applicable state and federal
laws, rules and regulations including those governing the CDBG program.
CONSULTANT, by accepting payment, waives all claims except those which it
has previously made in writing, and which may remain unsettled at the time of
acceptance.
11. STARTING AND COMPLETION DATES
Work under this agreement shall commence on as of the date of this
agreement and shall conclude on 3/12/93.
12. COMPLETENESS AND ACCURACY OF WORK
CONSULTANT shall be responsible for the completeness and accuracy of its
work, plans, supporting data, and other documents prepared or compiled as its
obligation under this agreement, and shall correct at its expense all significant
errors or omissions therein which may be disclosed. The cost of the work
necessary to correct those errors attributable to CONSULTANT, any damage incurred
by the CITY as the result of additional costs caused by such errors, shall be
chargeable to CONSULTANT. The fact that the CITY has accepted or approved
Florida Planning Group's work shall in no way relieve CONSULTANT of any of its
responsibilities. This provision shall not apply to any maps, official records,
contracts or other data that may be provided by the CITY or other public agencies
or semi-public agencies which CONSULTANT shall reasonably expect to be accurate
and which CONSULTANT could not reasonably be expected to know to be inaccurate.
13. OWNERSHIP OF DOCUMENTS
All documents including but not limited to proj ect files, tracings,
drawings, illustrations, estimates, field notes, investigations, design analysis,
studies and other data or documents which are obtained or prepared in the
performance of this agreement are to be and will remain the property of the CITY
and are to be delivered to the CITY'S Representative before payment is made to
CONSULTANT. CONSULTANT will secure these documents and insure their availability
to the CITY whenever needed or requested. CONSULTANT may retain originalS or
prepare copies of any of these documents for the CITY, provided the copies are
produced at Florida Planning Group's own expense.
14. ASSIGNMENT OF CONTRACT
This agreement shall not be assignable in whole or in part without the
written consent of the parties hereto, and it shall extend to and be binding upon
the heirs, administrators, executors, successors and assigns of the parties
hereto.
15. ANTI-KICKBACK
CONSULTANT warrants that no person has been employed or retained to solicit
or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee and that no member of the CITY has any
interest, financial or otherwise in Florida Planning Group's firm or its sub-
contractor's. For breach or violation of this warranty, the CITY shall have the
right to annul this contract without liability or, in its discretion, to deduct
from the contract price or consideration, the full amount of such commission,
percentage, brokerage, or contingent fee.
16. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS
CONSULTANT agrees to take all required actions necessary to comply wi th the
provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil
Rights Act of 1968, Section 109 of Title I of the Housing and Community
Development Act of 1974, and all other applicable State and Federal laws, rules
and regulations governing the performance of the work hereunder. In this regard,
CONSULTANT further specifically agrees as to performance of the work hereunder
as follows:
a. CONSULTANT will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
CONSULTANT will take affirmative action to insure that applicants are treated,
and that employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rate of payor
other form of compensation; and selection or training, including apprenticeship.
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CONSULTANT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause.
b. CONSULTANT will, in all solicitation or advertisement for
employees, placed by or on behalf of CONSULTANT, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
c. CONSULTANT will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representative of Florida Planning
Group's conunitment under this section and shall post copy of the notice in
conspicuous places available to employees and applicants for employment.
d. CONSULTANT will comply with all provisions of Executive Order
11246 of September 24, 1965, and other rules, regulations, and relevant orders
of the Secretary of Labor.
e. CONSULTANT will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to
his books, records, and accounts by the Depart and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
f. In the event of Florida Planning Group's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations, orders, this contract may be canceled, terminated, or suspended in
whole or in part and the contract may be declared ineligible for further
government contracts or federally assisted construction contract procedures
authorized in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secre.tary of Labor, or as otherwise provided by law.
g. CONSULTANT will include the portion of the sentence inunediately
preceding paragraph (a) and the provisions of paragraphs (a) through (g) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
that the Secretary of Labor issued pursuant to Section 2304 of Executive Order
11246 of September 25, 1965, so that such provision will be binding upon each
subcontractor or vendor.
h. Additional provisions as may be applicable due to CDBG funding:
(1) Adherence to State Energy Conservation Plan
The successful bidder shall recognize and adhere to mandatory
standards and policies relating to energy efficiency which are contained in the
State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Public Law 94-163) .
(2) Access to Records
CITY OF CLEARWATER, the consultant operating on behalf of CITY OF
CLEARWATER, the State of Florida, the U.S. Department of HOD, the comptroller
general of the United States, or any of their authorized representatives, shall
have access to any books, documents, papers, and records of the contractor which
are directly pertinent to this contract, for the purpose of performing audit or
project monitoring, and such records shall be subject to examination, copying,
excerpting or transcribing.
(3) Certification of Nonsegregated Facilities
(4) Section 109 of the Housing and Conununity Development Act of 1974
(5) "Section 3" Compliance in the provision of Training Employment
and Business Opportunities
(6) Section 503 Handicapped (if $2,500 or over)
(7) Age Discrimination Act of 1975
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IN WITNESS WHEREOF, the parties hereto have executed this contract on the date
first written above.
CITY 1. CLBARWA1"oO :2J~
By:.. ~~~
GEORGE E. McKIBBEN
By: Purehasiflg Manager
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Exhibit "A"
SCOPE OF SERVICES
CITY OF CLEARWATER
CDBG REHABILITATION OPERATIONS
The consultant will:
1. Meet with Community Development staff to review existing rehabilitation
policies and procedures, and improvements currently underway, and discuss
potential operational revisions.
2. Interview persons associated with and affected by the City's
rehabilitation process, such as contractors, inspectors, and homeowners.
3. Identify improvements to the existing operations, and review in a meeting
with staff. In the alternative, recommendations may be discussed by
conference call or in a written report.
4. Using the City's draft policies and procedures manual as a base, prepare
an operational manual which incorporates improvements from Step 3, subject
to City of Clearwater staff approval.
5. The manual will be provided to the City by March 12, 1993. Due to the
tight timeframe, the City staff will assist the consultant in scheduling
meetings with local persons and by providing infonnation, returning calls,
and acting as a go-between, as needed, in a timely fashion.
This Scope of Services applies to the CDBG rehabilitation operations of the City
of Clearwater. Suggestions related to other housing programs, or to NHS CDBG
rehabilitation activities may be provided informally, but are not included in
this Scope of Services.
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