CONSULTING SERVICES FOR THE BLUFF
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CONSULTING SERVICES AGREEMENT
This AGREEMENT made this J!!!!!. day Of~~ by and_between the City of
Clearwater, Florida (City), P. O. Box 4748, Clearwater Florida 33758, and Siemon & Larsen,
P.A. (Consultant).
WHEREAS, City desires to have Consultant provide consulting services for the
proposed request for developer qualifications (RFDQ) for the "Bluff' area in downtown
Clearwater, Florida; and
WHEREAS, Consultant agrees to provide the consulting services described in Exhibit A,
under the terms and conditions of this Agreement;
NOW THEREFORE, the City and Consultant do hereby incorporate all terms and
conditions in Exhibit" N and mutually agree as follows:
1. SCOPE OF SERVICES. Consultant shall provide those services generally
described in Exhibit "A-1" and as detailed in Tasks 1 through 11 in Exhibit "A-2".
2. TIME OF PERFORMANCE. One (1) year from the date of this Agreement.
3. REPORTS. Consultant agrees to provide to City reports on the Project upon
request by the City.
4. COMPENSATION. The City will pay Consultant a sum not to exceed
$66,480.00, inclusive of all expenses as further described in the Estimated Budget of Exhibit
"A-3". The City may, from time to time, require changes in the scope of the project of
Consultant to be performed hereunder. Such changes, including any increase in the amount of
Consultant's compensation and changes in the terms of this Agreement 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, and City agrees to pay
after approval of the City Project Manager under the terms of the Florida Prompt Payment Act
F.S.218.70.
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6. CONTACTS FOR RESPONSIBILITY. Charles L. Siemon 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 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
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this Agreement and/or the performance hereof. Without limiting its liability under this Agreement,
Consultant shall procure and l'Daintain during the life of this Agreement professional liability
insurance coverage. 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.
IN WITNESS WHEREOF, the City and Consultant, have executed this
Agreement on the date first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
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By:
Brian J. Au st, Mayor-Commissioner
chael J. Roberto, City Manager
Approved as to form:
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John Carassas, Asst. City Attorney
Attest:
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Cyn ia E. G~au, City Clerk
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.Gharles l. Siemon
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SIEMON & LARSEN I
Miiner Plrk
433 PIID Reel, Suite 339, Boca Raton. F1or1dl 33432
Telephone (561) 368-3808 - Facsimile (561) 368-04008
E.MAIL - Ilmboca@ga1e.net
July 29, 1999
Bv Faaimile & U.S. MAil
Mr. Rick Hedrick
Assistant City Manager
City of Clearwater
112 South Osceola Ave
Clearwater, Florida 33756
Dear Rick:
Attached pleaso find a proposed Scope of Services in regard to the proposed request for
developer qualifications ("RFDQ") for the ''Bluff'' in downtown Clearwater. The scope covers the
final preparation of the RFDQ including graphics through the final fSln1nng of the q1UtHfiett
developers by the City Commission.
In preparing this scope and budget, we have assumed that we will play an active role in all
phases of the RFDQ initiative and that developer ranking will be completed in approximately one
hundred and eighty (180) days or less. In regard to the budget, we have proposed a high and a low
budget, depending on the number of responses and the amount of work required to make the
selection. It should be noted that the scope and budget do not include professional fees associated
with negotiating a public private partnership agreement or land conveyances.
Ck~~~
Charles L. Siemon e,...
CLSIlmr
Enclosure
Exhibit A-I
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'.tr.u:;. 18. 1999
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Task 1.
Task 2.
Task 3.
Task 4.
Talk 5.
Task 6.
Task 7.
Task 8.
Task 9.
Task 10.
Task 11.
4:43PM
SIEMCX'l & LARSEN
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NO. 441
P.2
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Downtown Cle nt1flter Bluff
Request for Develo er Qualifications
Finalize RFDQ. SelL will provide 'x copies of the final RFDQ with attachments
and documents will be delivered in ' camera ready" and electronic form.
ProdudioD of RFDQ. S&L will
of the RFDQ to candidate devel
Respcmd to Inquiria. S&L will
inquiries in regard to the RFDQ, 0
ist the City in the production and distribution
available to respond to candidate developer
One City. One Future projects or other data
Pre-aubmiuioD Conferenfe. S&L will organize and conduct a pre-submission
conference for candidate develo and will provide all materials used for such
conference (i.e. illustrative boards, '5, etc.)
Supplementallnfo....tiOD. S&L . assist the City in responding to candidate
developer requests for additional infi nnation or documentation.
Review Statemeatl of Qaalificati DS. SelL shall review all Statements of
Qualifications which arc received by City.
CoafirmatioD Reseanh. SelL s 1 conduct research to confirm submission
information and references.
Prep.re AD.lysis of StatemeaD of uaWkatioDI. S&L shall prepare a written
assessment of the relative merits of of the Statements OfQqstUticatioDS received
by the City.
Meetwith Stledioa CollUllittee. Sel shall assist the City's selection committee to
review and nuik candidate developers
Prepare Written ReeolDlllendation. elL sba1l prepare a written recommendation
reflecting the ranking of candidate lopers and the reasoos for the rsmlrings.
Partieipate ill COJIUIIUsiOD Dcd iOD. S&L shall participate in the City
Commission's consideration of the posed ranking of the candidate developers.
Exhibit "A-2"
AUG.18.1999 4:43PM SIEMON & LARSEN
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NO. 441 P.3
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Downtown Clearwater Bluff
Request for Developer Qualifications
Estimated Budget
TASK FEES COSTS TOTAL
LOW RIGIl LOW HIGB
1. Finalize RFDQ $5,680 55,680 SSOO $6,180 $6,180
2. Production ofRFDQs $3,180 $3,180 $01 $3,188 $3,180
3. Respond to Inquiries $3,840 $3,840 ~ $3,840 $3,840
4. Pre-submission Conference $6,160 $6,160 $500 $6.660 6,660
S. Supplemental Information $4,040 54,040 $0 $4,040 $4,040
6. Review SOQs $3,000 $6,000 SO 53,000 $6,000
7. Confirmation Research $3,960 $6,960 $SOD $4,460 $7,460
8. Prepare Analysis of SOQs $4,680 S7,(j80 SO 54,680 $7,680
9. Participate in Interviews $2,000 $4.000 $1,600 53,600 $5,600
10. Meet with Selection Committee $3,000 $3,000 $500 $3,000 $3.000
11. Prepare Recommendation $7.040 $7,040 $0 $7,040 $1,040
12. Participate in Fmal Decision 52,400 $4,800 $500 $2,900 $5,300
TOTAL $4.100 $48,980 $62,380
GRAND TOTAL $53,080 $66,480
Budget assumes that City will ass~e ~nsibility of actually printing and
mailing RFDQs. I
2 Budget assumes that City will assuzpe responsibility for responding to developer
requests for any documentation. I
Exhibit "A-3"