FIRE SERVICES MANAGEMENT STUDY
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CONTRACT FOR CONSULTING SERVICES
This AGREEMENT made this d3M-day of ~ ,199 lJ I by and
between the City of Clearwater, Florida (City), P. O. Box 4748, Clearwater Florida
33758. and Richard A. Knopf and Associates, Inc. (Consultant), 1424 Old Orchard
Drive, Irving Texas 75061.
WHEREAS, City issued Request for Proposal No. 60-98 for a Fire Services
Management Study and
WHEREAS, City selected Consultant to provide a Fire Service Management
Study according to Consultant's to Request for Proposal No. 60-98 and as revised
February 18, 1998.
NOW THEREFORE, the City and Consultant do hereby incorporate all terms and
conditions in described herein and mutually agree as follows:
1. SCOPE OF PROJECT. Consultant agrees to provide a Fire Services
Management Study under the terms and conditions described in City RFP 60-98 and
Consultant's response.
2. TIME OF PERFORMANCE. Consultant shall complete all services within
90 days from the date of this Agreement.
3. REPORTS. Consultant agrees to provide to City reports on the Project
upon request by the City. All reports shall comply with City's recycled and recyclable
products code requirements, Clearwater Code Section 2.601.
4. COMPENSATION. The City will pay Consultant a sum not to exceed
$40,000, inclusive of all reasonable and necessary direct expenses as described in RFP
60-98. The City may, from time to time, require changes in the scope of the project of
Consultant to be performed hereunder. Any changes to the terms of this Agreement
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which are mutually agreed upon by and between City and Consultant shall be effective
when incorporated in written amendment to this Agreement.
5. METHOD OF PAYMENT. Consultant shall bill City upon completion of
the study. City agrees to pay after approval of the City Project Manager under the terms
of the Florida Prompt Payment Act F.S. 218.70.
6. CONTACTS FOR RESPONSIBILITY. Richard A. Knopf will be
designated as Project Director for this project by Consultant to manage and supervise
the performance of this Agreement on behalf of Consultant. Associated with the Project
Director will be staff members whose experience and qualifications are appropriate for
this Project. The City will be represented by Michael J. Roberto, or his designee for all
matters relating to this Agreement.
7. TERMINATION OF CONTRACT. The City at its sole discretion may
terminate this contract by giving Consultant ten (10) days written notice of its election to
do so and by specifying the effective date of such termination. The Consultant shall be
paid for its services through the effective date of such termination. Further, if Consultant
shall fail to fulfill any of its obligations hereunder, this contract shall be in default, the
City may terminate the contract, and Consultant shall be paid only for work completed.
8. NON-DISCRIMINATION. There shall be no discrimination against any
employee who is employed in the work covered by Agreement, or against applicants for
such employment, because of race, religion, color, sex, or national origin. This provision
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
forms of compensation; and selection for training, including apprenticeship.
9. INTERESTS OF PARTIES. Consultant covenants that its officers,
employees and shareholders have no interest and shall not acquire any interest, direct
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or indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this Agreement.
10. INDEMNIFICATION AND INSURANCE. Consultant agrees to protect,
defend, indemnify and hold the City and its officers, employees and agents free and
harmless from and against any and all losses, penalties, damages, settlements, costs,
charges, professional fees or other expenses or liabilities of every kind and character
arising out of or due to any negligent act or omission of Consultant or its employees in
connection with or arising directly or indirectly out of this Agreement and/or the
performance hereof. Without limiting its liability under this Agreement, Consultant shall
procure and maintain during the life of this Agreement professional liability insurance
coverage as required by City. This provision shall survive the termination of this
Agreement.
11. PROPRIETARY MATERIALS.
Upon termination of this Agreement, Consultant shall transfer, assign and
make available to City or its representatives all property and materials in Consultant's
possession belonging to or paid by the City.
12. ATTORNEYS FEES. In the event that either party seeks to enforce this
Agreement through attorneys at law, then the parties agree that each party shall bear its
own attorney fees and costs, and that jurisdiction for such an action shall be in a court of
competent jurisdiction in Pinellas County, Florida.
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IN WITNESS WHEREOF, the City and Consultant, have executed this
Agreement on the date first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Ri a Garvey
Mayor-Commissioner
Approved as to form:
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John Carassas
Assistant City Attorney
By; 1
Michael J. Roberto
City Manager
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Attest:
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RICHARD A. KNOPF & ASSOCIATES,
INC.
By:
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Its:
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s:\agreement\Knopf Fire Services Consulting Agrt
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