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CONSULTANT FOR POINSETTIA AVENUE - EAST SHORE DRIVE REDEVELOPMENT AREA J. I AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into this~tday of 1~, 1996, by and between the City of Clearwater hereinafter referred to as the CI Y, 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 +dJJ. a I , 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. DUTIES OF CITY 1 ,.' /) . ;',..; / X' . (r-/) ~_ (;,t...~ .,............. (/ j:\ C3) 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 documen t. 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 CONSULT AN"! 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) GROUP, INC., a Principal Countersigned: CITY OF CLEARWATER, FLORIDA ~~, Mayor-Commissioner By: ~kr- Elizabe . De a City Manager Approved as to form and legal suffIciency Attest v~~ JOhn Carassas Assistant City Attorney , , Q~~ Z.: ~'J:l:.-~~- :_ Cynth E. Goudeau -:::.. ". . _: ' ' : ,~ City rk . - - _ _ _ ' - _ 96-102 4 I I Exhibit" A" Scope of Services Poinsettia Avenue / East Shore Drive Redevelopment Area Clearwater Beach City of Clearwater, Florida 1. Evaluate the market potential for developing mid-to-high range waterfront hotel accommodations with adjacent structured parking. Evaluate the market potential for accessory retail and restaurant facilities associated with the hotel site. 2. Evaluate the market potential for developing new retail/restaurant/entertainment facilities for the redevelopment area as a whole and recommend the appropriate market mixture of facilities. 3. Evaluate the market potential for developing outdoor commercial/recreational facilities. 4. Evaluate the market potential for developing mid-to-high range waterfront residential units and recommend optimum development density within regulatory limits and market conditions. 5. Evaluate the market potential for developing a commercial marina along the redevelopment area waterfront. 6. Evaluate the market potential for a mixed-use development containing any or all of the above components within regulatory limits and market conditions and recommend the appropriate market mixtures of facilities. 7. Evaluate the value added by the following proposed site amenities indicating the potential for private sector construction and/or funding of these amenities as part of the private sector implementation of the redevelopment plan. ~ Civic Center Relocation ~ Landscaping and Streetscaping ~ Harbor- Walk ~ Papaya Street Promenade (pedestrian mall) ~ Public Waterfront Park ~ Baymont Street Walk ~ Public Parking Garage I J Poinsettia A venuelEast Shore Drive Redevelopment Area Scope of Services page - 2 - 8. Estimate the potential range of increased ad valorem tax revenues and other municipal tax revenues from the recommended development alternative(s). 9. Estimate the extent of public sector contribution to the improvements and proposed uses described above given the market potential and estimated development cost. 10. The Contractor shall provide the City of Clearwater Central Permitting Department with a preliminary draft for review and comment by March 31, 1996. 11. The Contractor shall provide the City of Clearwater Central Permitting Department with the final work product no later than April 30, 1996. 12. The payment for this Scope of Services is not to exceed $10,000.