CONTRACT FOR PROFESSIONAL SERVICES
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CONTRACT FOR PROFESSIONAL SERVICES
By and Between
THE TAMPA BAY REGIONAL PLANNING COUNCIL
and
>'City of Clearwater. Florida
THIS AGREEMENT. entered into this 28th day of July
1969 . by and between the TAMPA BAY REGIONAL PLANNING COUNCIL
(hereinafter called the "Council"), and THE CITY OF CLEARWATER. FLORIDA.
P. O. Box 4748.' Clearwate.r. Florida (hereinafter called the "Contractor");
WITNESSETH THAT:
WHEREAS. the Council desires to engage the Contractor to render
certain technical or professional services hereinafter described in connection
with the Comprehensive Planning Program for the City of Clearwater. (herein-
after called the IIStudy"):
NOW. THEREFORE. the parties hereto do mutually agree as follows:
1. Employment of the Contractor
The Council hereby agrees to engage the Contractor, and the
Contractor hereby agrees to perform the services hereinafter set forth in
connection with the Study. The Contractor further agrees to commence the
work required to perform the said services as soon as practicable after the
execution of this agreement.
2. Area Covered
Except as may be expressly provided elsewhere in this agreement.
the Contractor shall perform all of the necessary services provided under this
agreement in connection with and respecting the following area: the incorporated
area of the City of Clearwater.
3. Scope of Services
The Contractor agrees under the supervision of the Council to
undertake. perform and complete certain technical and professional services
and obligations more particularly described as follows:
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A. Population Studies
1. All existing population studies for the Municipality of
Clearwater, such as those compiled by the Pinellas
Planning Council. the Tampa Bay Regional Planning
Council. private consultants working in specialized
areas and others. shall be reviewed. analyzed. and
consolidated into tabulations of the current popula-
tion base for the City of Clearwater.
2. The information obtained under item 1 above together
with the detailed analysis of population prepared by
the consultant will be reviewed jointly by the Municipal
Staff and the Consultant. On the basis of this combined
,information the Contractor and the private consultant
shall prepare a forecast of population growth for the
City of Clearwater. This population forecast covering
the period up to 1985 shall take into consideration the
various population centers within the City and shall
also pay specific attention to the population character-
istics relating to retirement of minority or ethenic
groups and tourism.
B. Land Use Study
1. The C~ntractor shall conduct a detailed field survey of
existing land usage. The information gathered through
this windshield survey of the City of Clearwater will be
groupeq and classified under appropriate major categories
such as be residential. recreational. tourist. industrial.
etc.
2. Upon completion of the survey and compilation required"
under item 1 above. the existing land use maps of the
City of Clearwater shall be revised to reflect any new
trends and all current usages of land within the Municipal
boundaries.
C. Study of Central Business District - The Contractor shall
review and analyze all studies of the central, business dis-
trict prepared during the past five years. A summary
analysis of these studies shall be prepared as a basis for
further evaluation of the CBD.
D. Housing Element
1. The Contractor. utilizing information obtained under
other related programs such as neighborhood analysis.
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workable programs and any information gained ~rom
field surveys. shall prepare a preliminary tabulation
and summary report of the housing situation within
the City. Included as a minimum in this report shall
be the physical characteristics. type of structures
and environmental condition. adequacy of public serv-
ices and relevant economic and social characteristics.
The Contractor shall also take into consideration in
preparing this summary report. the availability of
employment and transportation with particular emphasis
placed on this element in relation to minority groups.
Particular emphasis shall be placed upon problems that
may be occasioned by the relocation of substantial seg-
ments of the population of the City of Clearwater as a
result of the proposed Pinellas County Expressway.
Where appropriate. the information included in this
tabulation shall be reviewed with and supplemented
by interviews with concerned citizens and business
groups. Particular attention shall be given to blighted
areas. low income areas and problems which may be
peculiar to the anticipated high ratio of elderly citizens
living on fixed incomes.
2. The Contractor shall perform a review and analysis of
all current public and private activities relating to the
field of housing. Performance of these agencies and
activities in the area of housing over the past two years
shall be reviewed particularly with regard to activities
. that effect low. income and minority groups.
E. Capital Improvement Program - The Contractor shall assist the
consultant in the preparation of a capital improvement program
and budget. Said assistance shall include compilation of infor-
mation. establishment of priorities and analysis of the fiscal
portions of the program.
F. Meetings - The Contractor. shall hold periodic meetings with
both citizen groups and elected officials within the City. The
purpose of these meetings shall be to keep the respective
interested parties appraised of the progress of the planning
program and to receive suggestions or comments relative to
the conduct of the program. It shall be the responsibility of
the Contractor to conduct said meetings no less than once
every two months. At each official review meeting the Contractor.
together with the private consultant performing other studies
directly related to the total planning program shall present a re-
view of program progress utilizing suitable graphic displays as
may be required.
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G. Reports
1. Throughout the duration of the program the Contractor shall
submit brief monthly status reports on program progress to
the Regional Planning Council. Said monthly status reports
shall be prepared in accordance with requirements of the
Regional Planning Council.
2. The Contractor shall assist the consultant in the preparation
of a Comprehensive Draft Report detailing the findings. con~
elusions and projections resulting from the work accomplished
under the total comprehensive planning program.
4. Data. Services. and Facilities to be furnished to Contractor
The Council shall furnish. without charge to the Contractor.
certain data, services. and facilities. more particularly described as follows:
copies of any or all maps. plats. records, reports. ordinances. resolutions,
schedules. proposals. correspondence or other items currently in the posses-
sion of. or readily obtainable by the Council when the use of such materials
may be needed by the Contractor for the effective performance of his obliga-
tions under this contract and when such copies are requested by the Contractor.
5. Personnel
a. The Contractor represents that he has. or will secure
at his own expense. ,all personnel required in perform-
ing the services under this contract. Such personnel
shall not be employees of or have any contractual rela-
tionship with the Council.
b. All of the services required hereunder will be performed
by the Contractor or under his supervision. and all per-
sonnel engaged in the work shall be fully qualified and
shall be authorized or permitted under State and local
law to perform such services.
c. None of the work or services covered by this contract
shall be subcontracted without the prior written approval
of the Council.
6. Time of Performance
The services of the Contractor shall commence as soon as
practicable after the date of execution of this contract as set forth on the
first page of this contract. and such services shall be undertaken and com-
pleted in such sequence as to assure their expeditious completion in the light
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of the purposes of this contract, but in any event all of the services required
hereunder shall be completed not later than April 19, 1970.
7. Compensation
For the above services the Council agrees to pay the Contractor
the total sum of Eight Thousand Three Hundred Dollars ($8,300), consisting
.of $7, 800 for professional services plus $500 for preparation of reports, and
the said total sum constitutes complete compensation for all of the servi<:::es to
be rendered by the 'Contractor under the terms of this contract.
8. Method of Payment
The Council agrees to pay the Contractor for the performance
of tqe services described h~rein in accordance with the following schedule:
" ';
A. One Thousand Dollars ($1, 000) less 10 per cent when
the services required under section 3:A above are com-
pleted and approved by the Council.
B. One Thousand Five Hundred Dollars ($1, 500) less 10
per cent when the services required under section 3:B
above are completed and approved by the Council.
C. One Thousand Dollars ($1, 000) less 10 per cent when
the services required under section 3: C above are
completed and approved by the Council.
D. One Thousand Five Hundred Dollars ($1, 500) less 10
per cent when the services required under section 3:D
above are completed and approved by the Council.
E. Two Thousand Dollars ($2.000) less 10 per cent when
the services required under section 3: E above are
completed and approved by the Council.
F. One Thousand Three Hundred Dollars ($1, 300) less
10 per cent when the services required under sections
3: F and 3: G above are completed and approved by the
Council.
G. Eight Hundred Thirty Dollars ($830) the sum of the
individual amounts previously retained when all services
required under section 3 above have been completed and
approved by the Council and when the Council has received
its final payment under the terms of the project contract
from the United States.
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It is expres$ly understood and agreed that no item of services
or work to be performed hereunder by the Contractor shall be deemed to
have been completed, for purposes of payment as aforesaid, except upon
acceptance and approval thereof by the Council.
It is expressly understood and agreed that in no event will
the total compen sation and reimbursement, if any, to be paid under this
non-profit contract exceed cost plus 15 per cent or the maximum sum of
E~ght Thousand Three H\.mdred Dollars ($8,300) for all of the services re-
quired.
9. Termination of Contract for Cause
If, through any 'cause, the Contractor shall fail to fulfill in
timely and proper manner pis obligations under this contract, or if the
Contractor shall violate any of the covenants, agreements, or stipulations
of this contract, the Council shall thereupon have the right to terminate
this oontract by giving written notice to the Contractor of such termination
and specifying the effective date thereof, at least five (5) days before the
effective date of such termination. In such event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs
and reports prepared by the Contractor under this contract shall at the option
of the Council, become its property and the Contractor shall be entitled to
receive just and equitable compensation for any satisfactory work completed
on such documents.
Notwithstanding the above, the Contractor shall not be relieved
of liability to the Council for damages sustained by the Council by virtue
of any breach of the contract by the Contractor and the Council may with-
hold any payments to the Contractor for the purpose of set-off until such
time as the exact amount of damages due the Council from the Contractor
is determined.
10. Termination for Convenience of Council
The Council may terminate this contract at any time by giving
written notice to the Contractor of such termination and specifying the
effective date thereof, at least 15 days before the effective date of such
termina tion. In that event, all finished or unfinished documents and other
materials as described in section 9 above shall, at the option of the Council,
become its property. If the contract is terminated by the Council as pro-
vided herein, the Contractor shall be paid an amount which bears the same
ratio to the total compensation as the services actually performed bear to
the total services of the Contractor covered by this contract, less payments
of compensation previously made: Provided, however, that if less than 60
per cent of the' services covered by this contract have been performed upon
the effective date of such termination, the Contractor shall be reimbursed
(in addition to the above payment) for that portion of the actual out-of-pocket
expenses (not otherwise reimbursed under this contract) incurred by the
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Contractor during the contract period which are directly attributable to
the uncompleted portion of the services covered by this contract. If
this contract is terminated due to the fault of the Contractor, section '9
hereof relative to term.ination shall apply.
11. Changes
The Council may, from time to time, request changes in
the scope of the services of the Contractor to be performed hereunder.
Such changes, including any increase or decrease in the amount of the
Contractor's compensation, which are mutually agreed upon by and be-
tween the Council and the Contractor, shall be incorporated in prior
written amendments to this contract.
12.' Equal Empldyment Opportunity
In the carrying out of the contract work, the Contractor will
not discriminate against any employee or applicant for employment be-
cause of race, creed, color, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, creed, color, or
national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising, layoff, or termination; rates of payor other forms of compensa-
tion; and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants
for employment, notice to be provided by the Government setting forth the
provisions of this nondiscrimination clause. The Contractor will, in all
solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, or national origin. The
Contractor will incorporate the foregoing requirements of this paragraph in
all subcontracts for services covered by this contract.
13. Interest of Members of Council and Others
No officer, member or employee of the Council and no member
of its governing body, and no other public official of the governing body of any
locality in which the project is situated or being carried out who exercises
any functions or responsibilities in the review or approval of the undertaking
or carrying out of this project, shall participate in any decision relating to
this contract which affects his personal interest or the interest of any cor-
poration, partnership, or association in which he is, directly or indirectly,
interested; nor shall any such officer, member or employee of the Council,
or any member of its governing body, or public official of the governing body
of any locality in which the project is situated or being carried out, have any
interest, direct or indirect, in this contract or the proceed thereof.
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14. Assignability
The Contractor shall not assign any interest in this contract,
and shall not transfer any interest in the same (whether by assignment or
novation), without the prior written consent of the Council thereto; provided,
however, that claims for money due or to become due the Contractor from
the Council under this contract may be assigned to a bank, trust company,
or other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to the Council.
l5. Interest of Contractor
The Contractor covenants that it presently has no interest and
shall not acquire any interest direct or indirect which would conflict in any
manner or degree with the performance of its services hereunder. The
Contractor further covenants that in the performance of this contract no per-
son having any such interest shall be employed.
16. Findings Confidential
Any reports, information, data, etc., given to or prepared or
assembled by the Contractor under this contract wh~ch the Council requests
to be kept as confidential shall not be made available to any individual or
organization by the Contractor without the prior written approval of the Council.
17. Officials not to Benefit
No Members, of or Delegate to the Congress of the United States
of America shall be admitted to any share or part hereof or to any benefit to
arise herefrom.
18. Identification of Documents
All reports, maps, and other documents completed as a part of
this contract shall bear in an appropriate place, preferably in the title block
of a map or plan and on the title' page of a report or document, the following
legend: "Prepared by (Name of Contractor) under contract with the Tampa
Bay Regional Planning Council. The preparation of this (report, map, doc-
ument, etc.) was financially aided through a Federal Grant from the Depart-
ment of Housing and Urban Development, under the urban planning assistance
program authorized by Section 701 of the Housing Act of 1954, as amended. "
The date (month and year) the document was prepared and the name of the plan-
ning area shall also be shown.
19. Copyright
No reports, maps, or other documents produced in whole or in
part under this contract shall be the subject of an application for copyright by
or on behalf of the Contractor.
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20. Office Space
The parties hereto do mutually agree that any office space
located within the Tampa Bay Region and required by the Contractor in
the pursuit of obligations agreed to under this contract shall be rented,
leased. or otherwise secured wholly without cost to the Study, and that
the compensation which shall render under the terms of this contract
shall not include any expenditure which the Contractor may incur to ob-
tain the said required office space.
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IN WITNESS WHEREOF, the Council and the Contractor have
executed this agreement as of the date first above written.
-.
, WITNESS TO COUNCIL:
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Chief, Local Planning~~istance
~%:
.(~~)
By:
Chairman
(Title)
CITY OF CLEARWATER, FLORIDA
(Legal name of Contractor)
Attest:
~/l
(:idX1~WcJc City C 1 e r k
nU[2 8 1989
APPROVED AS TO LEGAL FORM
AND LEGAL ADEQUACY:
M,,:)!J ,1967
'--4~71~ ~~
~tiey at Law
City Attorney