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CONSULTANT FOR COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT I I 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 1 OJ ... ~\ /~ \.,1 G 'J 2 / I I 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 2 I I 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. 3 I I IN WITNESS WHEREOF, the parties hereto have executed this contract on the date fIrst written above. (SEAL) Countersigned: ~ Rita Garvey Mayor-Commissioner Approved as to form and legal suffIciency ~~..--~ 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: , . [. ..../ -- ./ 4 JI""" '..._ Principal - .:...-. ~ ,.... -- I I 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. I I 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.