CONSULTANT FOR COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this~/~ay of ~ , 1996, by and
between the City of Clearwater hereinafter referred to as t""heCITN, and Florida
Planning Group, Inc., a Florida corporation, 9471 Baymeadows Road, Suite 401,
Jacksonville, Florida 32256, hereinafter referred to as CONSULTANT.
WITNESSETH:
WHEREAS, the CITY is desirous of employing a consultant to perform professional
services relating to economic development and development, comprehensive planning and
community development services as may be deemed necessary.
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 Exhibit "A" which is attached hereto and incorporated herein by
reference.
1. TERM OF AGREEMENT
This agreement is effective 1-JJ ~\ , 1996 and shall remain in effect
until January 31, 1997 (the "termination date"), unless terminated on an
earlier date pursuant to the provisions of this Agreement, or unless extended
by written agreement executed by CITY and CONSULTANT.
2. DESCRIPTION OF WORK
CONSULTANT shall perform services as described in Exhibit "A," Scope
of Services.
3. PAYMENT AND COMPENSATION
The CITY will pay the CONSULTANT, for professional services rendered,
the total fee for performing the tasks as set forth in Exhibit "A" Said total
fee to include all profit, direct and indirect labor costs, personnel related
costs, overhead and administrative costs, out-of-pocket expenses and costs,
travel expenses and all other costs, which pertain to the services to be
provided in this Agreement.
4. CITY's REPRESENT A TIVE
The CITY's Representative for this project shall be Scott Shuford ,
whose primary function will be to provide general administration of the
contract.
5. DUTIES OF CITY
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The CITY shall give all instructions to CONSULTANT through the CITY's
Representative and shall provide:
a. Secure files and, if practical and available, the periodic temporary
use of office space.
b. Access to all relevant background materials in the possession of
the CITY.
c. The CITY shall exercise due diligence in the discharge of its
responsibilities and obligations under this contract.
6. DUTIES OF CONSULT ANT
CONSULTANT shall have the following duties, obligations and
responsibilities:
a. Responsibility for and Supervision of Work. CONSULTANT
shall be solely responsible for all work performed under this
contract. CONSULTANT's project manager shall supervise and
direct the work, and shall exercize due diligence in the discharge
of responsibilities and obligations under this contract.
7. INSURANCE
CONSULTANT agrees to keep in force, at its own expense, during the
term of this Agreement and any extension thereof such policy or policies of
business insurance and Workmen's Compensation insurance as required by
law.
8. WORK CHANGES
The CITY reserves the right to order changes in the work in the nature of
additions, deletions, extensions or modifications, without invalidating the
contract and agrees to make corresponding adjustments to the
compensation. All changes will be authorized by a written Change Order
signed by the CITY or the CITY's Representative.
9. EARLY TERMINATION FOR BREACH OF CONTRACT
a. CITY's Termination: CITY may, on thirty (30) days written notice
to CONSULTANT terminate this contract for cause before the
termination date hereof. Following termination CONSULTANT
may recover from the CITY payment for all work satisfactorily
completed in accordance with this contract which may be due and
owing at the time of such termination.
b. CONSULTANT's Termination: CONSULTANT may, on 30
days written notice to the CITY and the CITY's Representative,
terminate this contract before the termination date hereof for cause
or when for a period of forty-five (45) days after a payment is due
in accordance with the Florida Prompt Payment Act the CITY fails
to make payment. On such termination, CONSULTANT may
recover from the CITY for all work satisfactorily completed in
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accordance with this contract, including reimbursable expenses,
which may be due and owing at the time of the termination date.
If the CITY terminates this contract due to CONSULTANT's default in
performance of any provision herein or its failure to carry out the work in
accordance with the provisions of the contract documents, the CITY shall
not be responsible for payment to CONSULTANT for any work in default
or not completed in accordance with the provisions of the contract
document.
10. PAYMENT SCHEDULE
CONSULTANT will be entitled to submit to the CITY one (1) invoice for
payment each calendar month. Every attempt will be made to provide
payment within 30 days, although the Florida Prompt Payment Act permits
45 days.
11. ASSIGNMENT OF CONTRACT
This Agreement shall not be assignable in whole or in part without the
written consent of the parties hereto.
12. 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 CONSULTANT's
firm or its sub-contractor's.
13. ATTORNEYS' FEES
In any legal proceedings instituted by either party in connection with this
Agreement, the prevailing party shall be entitled to an award of reasonable
attorneys' fees, at the trial and appellate level, as determined by the court.
14. INDEPENDENT CONTRACTOR
CONSULTANT is an independent contractor and no provision of this
Agreement shall be construed as creating, between CITY and
CONSULTANT, a relationship of employer and employee or principal and
agent.
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IN WITNESS WHEREOF, the parties hereto have executed this contract on the date
fIrst written above.
(SEAL)
Countersigned:
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Rita Garvey
Mayor-Commissioner
Approved as to form and
legal suffIciency
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n Carassas
Assistant City Attorney
96-102
FLORIDA PLANNING GROUP, INC., a
Florida Corporation
CITY OF CLEARWATER, FLORIDA
By: ~Kt~
Eliza M. ne'ptula
City ager
Attest:
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Principal
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Exhibit "A"
Scope of Services
Comprehensive Plan
Evaluation and Appraisal Report
City of Clearwater, Florida
1. The [mal work products must meet all the requirements of Section 163.3191, F.S. and 9J-5
F.AC. including the Sufficiency Checklist provided by Florida Department of Community
Affairs.
2. The Contractor is responsible for the Evaluation and Appraisal Report for the following
elements and subelements:
a) Sanitary Sewer - subelement
b) Solid Waste - subelement
c) Drainage - subelement
d) Potable Water and Natural Ground Water Aquifer Recharge - subelement
e) Conservation - element
f) Coastal Management - element
g) Housing - element
h) Recreation/Open Space - element
i) Capital Improvement - element
3. The Contractor is responsible for preparation of initial maps, with the final map production
by the City of Clearwater, which shall return the map products to the Contractor for inclusion
in the final E.AR.
4. The City of Clearwater Department of Central Permitting shall provide preliminary drafts
of the Evaluation and Appraisal Report with current data for the Contractor. The City of
Clearwater Department of Central Permitting shall provide any required data updates
requested by the Contractor in a timely manner.
5. The Contractor acknowledges that the City of Clearwater intends to produce an E.AR. based
amendment to the City's Comprehensive Plan.
6. The City of Clearwater Department of Central Permitting shall provide the Contractor with
draft goals, objectives, and policies to support the identification of future actions and
anticipated amendments.
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Comprehensive Plan and Evaluation and Appraisal Report
Scope of Services
page -2-
7. The City of Clearwater Department of Central Permitting shall be responsible for all public
participation requirements.
8. The Contractor shall prepare a Completedness Checklist for rule 9J-5 F.A.C.
9. The Contractor shall provide the City of Clearwater Central Permitting Department with a
preliminary draft for review and comment by March 31, 1996.
10. The Contractor shall provide the City of Clearwater Central Permitting Department with the
Final Evaluation and Appraisal Report with sufficiency checklist no later than April 30,
1996.
11. The payment for this Scope of Services is not to exceed $7,000.