NEIGHBORHOOD PLAN FOR BAYVIEW NEIGHBORHOOD
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Consulting Agreement
This Consultant's Agreement ("Agreement") is entered into as of the September
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13, 1995 between the City of Qearwater, Florida ("Client")and the Florida Center for
Community Design and Research ("Consultant") a nonprofit research center at the
University of South Florida with its principal place of business at 3702 Spectrum
Boulevard, Suite 180, Tampa Florida 33612.
*The University of South Florida, acting for and on behalf
of the Board of Regents, a public corporation of the State
(}eneral of Florida,
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The Consultant is engaged in the business of providing applied community design,
ululti-dbdpl1iiili)' lcseaidl, amI public euucation services for various individuais and
governments.
The Client desires to retain the Consultant to Neighborhood Plan for the area of
Clearwater known as the "Bayview Neighborhood".
In consideration for the mutual promises, covenants, and Agreements made below,
the parties, intending to be legally bound, agree as follows:
A!!reement
1. Parties. Scott Shuford, Director, Central Pennitting, City of Clearwater will be the
designated representative for the Client John Marsh, Interim Director, Florida Center for
Community Design and Research, will be the representative for the Consultant.
2 Study Area. The geographic area of this the study area for this contract will be
limited to an area bounded by Gulf to Bay Boulevard (SR 60), Bayside Bridge, Tampa
Bay, and the Clearwater Mall.
3. Data Gathered. The Consultant will gather an inventory of existing land uses,
digital demographic data and a visual Site survey. The Client wiii provide oase maps,
aerials, Master File data for historic structures, and basic background data and ordinances
as needed. Additional digital data created by the Consultant will be shm;ed with the Client
at no extra charge.
4. Public Process. There will be a series of five public meetings. Three
neighborhood meetings conducted by the consultant for the purpose of fact-finding. The
consultant will provide needed graphics and presentation required for the meetings. The
Client will provide ads, notification, and fmd a place to hold the meetings. There will be
two public presentation meetings, one with the Planning and Zoning Board, and one to the
City Commission. The Client will give the Consultant at least two weeks notice before
these meetings to the Consultant to allow for adequate scheduling. The Consultant will
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have no further obligation to attend any additional public meetings except as what may be
agreed by both parties in writing.
5. Final Product. The fmal product will be a report of several alternate short-tenn
and long-tenn neighborhood plans. The report will identify comrnerciaVresidential
buffer/transition strategies, potential park or other public use sites, the best use for
waterfront property, historic structure design recommendations, and recommendations for
vehicle and pedestrian interconnections. The Consultant will create associated maps and
graphics. The Consultant will provide a maximum of ten (10) copies.of the final report to
the Client for evaluation purposes, and the Consultant will provide a camera-ready copy to
the Client for further reproduction at Client expense. Presentation graphics used in the
public meetings will be provided to the Client The Client reserves the right to require
revisions of the document to correct typos or factual errors. The Consultant will not be
required to ihakenaufe than one (1) major change in page o:ientation or paper size at the
Client's request The Consultant will have no further obligation to produce any additional
report or graphics except as what may be agreed by both parties in writing.
6. Intent. It is the intent of the Consultant to identify the needs of the residents of the
Bayview Neighborhood and to present alternatives to the potential changes and
redevelopment options that balance the need to preserve and compliment the character of
the area with the changing demographic and economic pressures of the rest of the City.
Emphasis will be placed on developing designs that enhance existing historic structures
and character of the neighborhood, creates long tenn growth and stability, and articulates
a consensus vision of the residents .
7. Payment The total cost for the above services provided by the Consultant will be
paid by the Client in the amount of $18,000 (eighteen thousand dollars). The Client will
have no further obligation to pay except as what may be agreed by both parties in writing.
3,000
8. State University Overhead. State University overhead will be 20% ($3-;699) of
this contract. The Client understands that the Consultant must work within the remaining
budget of $14,400.
15,000
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9. Duration of Contract. Work shall commence by the Consultant on SGptGlllbl,.,1 18,
~and end on DGGGhlbG. 31, 1995.
December 31, 1995.
10. Reporting. The Consultant will report every 30 days in writing to the Client as to
services rendered so far and progress of project.
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11. Promotion. The Consultant reserves th~ right to use materials generated by this
project for future promotion of work.
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12. Force Majeure. Neither party will be deem'td f~ef~pJt of this Agreement to the
extent that performance of its obligations, or attempts to cure any breach, are delayed
or prevented by reason of circumstance beyond its reasonable control, including
without limitation fIre, natural disaster, earthquake, accident or other acts of God
("Force Majeure"), provided that the party see1cing to delay its perfonnance gives the
other written notice of any such Force Majeure within .} 5 days after the discovery of
the Force Majeure, and further provided that such party uses its good faith efforts to
cure the Force Majeure. If there is a Force Majeure, the time for performance or cure
will be extended for a period equal to the duration of the Force Majeure. This Article
shall not be applicable to any payment obligations of either party.
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13. Changes to the Contract. Any agreement to changing the terms of this contract in
any way Silall be valid only if the change is made in writing and approved by mutual
agreements of authorized representatives of both parties.
14. Notices. Notices, invoices, communications, and payments shall be deemed made if
by registered or certifIed envelope, postage prepaid, and addressed to the party to receive
such notice, invoice, or communication at the address given below or such other address
as may be designated by notice in writing.
If to Client:
Mr.Scott Shuford, AICP
Central Permitting Director
Central Pennitting Deparunent
City of Clearwater
City Hall Annex, 10 S. Missouri Ave.
PO Box 4748
Clearwater, FL 34618-4748
Phone: 813.462.6567 Fax: 813.462.6476
If to Consultant:
Mr. John W. Marsh
Florida Center for Commun:ty Design and Research
3702 Spectrum Boulevard, # 180
Tampa, FL 33612
Phone: 813.974.4042 Fax:813.974.6023
Regarding contract with University:
Mr. John C. Kuttas
Senior Grants Specialist
Division of Sponsored Research, FAO-126
University of South Florida
4202 East Fowler A venue
Tampa, FL 33620
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Phone: 813.974.289'- Fax:-Sl~.9'T4.4tJ62 Ii;!,
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We have carefully reviewed this contract and agree to and accept its tenns and
conditions. We are executing this Agreement as of the day and year first written above.
Contractor
The University
Client
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By
Scott Shuford
By
Roslyn S. Heath
Nan1e
Assistant Director, DSR
Name
Director of Central Permitting
Title
Title
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