CONTRACT FOR PROFESSIONAL SERVICES (2)
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. TAMPA BAY REGIONAL PLANNING COUNCIL
CONTRACT FOR ~ROFESSIONAL SERVICES
By and Between
TAMPA BAY REGIONAL PLANNING COUNCIL
and
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CITY OF CLEARWATER. FLORIDA
THIS AGREEMENT, entered into this 10th day of
Augus t 1970, by and between the TAMPA BAY
REGIONAL PLANNING COUNCIL (hereinafter called the "Council"),
and the Cit'v of Clearwater, Florida
(hereinafter)
., called the "Contractortl);
. WITNESSETH TEA T:
WHEREAS, the Council desires to engage the Contractor to
r.ender certain technical or professional services hereinafter described
in connection with an undertaking which is expected to be partially
financed under Section 701 of the Housing Act of 1954, as amended
NOW, TFIEREFORE, 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 project of the Council under Urban Planning Grant
No. Florida 1::J-128
2. Area Covered
The Contractor shall perform all of the necessary services provided
under this contract in connection with and respecting the following area
or areas herein called the "planning area": Clearwate r Ur'ban PlannilW
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Area
3. Scope of Services
The Contractor shall do, perform, and carry out, in a satisfactory
and proper manner, as determined by the Council the planning work as
more particularly described in the "Scope of Services" marked 'IExhibit A"
attached hereto and made a part hereof.
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4. Data, Services and Facilities to be Furnished to Contractor
The Council s~all 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
possession 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 obligations u~der this contract and when such copies are requested
by the Contractor. .
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5. Personnel
a. The Contractor represents that he has, or will secure at
his own expense, all personnel required in performing the
services under this contract. Such personnel shall not be
employees'lof or have any contractual relationship with the,
Council.
b. All of the services required hereunder will be performed
by the .Contractor or under his supervision, and all per-
sonpel 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 and shall be undertaken and
completed in such sequence as 'to assure their expeditious completion in the
light of the purpose of this contract, but in any event all of the services
required hereunder shall be completed bv April 1. 1871
7. Compensation
The Council agrees to pay the Contractor the total sum of
Nine Tl10usand Five Hundred Dollars ($8, 500.00) for the
above enumerated services, arid the said total sum constitutes complete
compensation for all of the services to be rendered by the Contractor under
the terms of this contract.
8. Method of Payment
The Council will pay to the Contractor the amount set forth in Item 7
which shall constitute full and complete compensation for the Contractor's
services hereunder. Such sum will be paid in the following manner, in
every case, subject to receipt of a requisition for payment from the
Contractor specifying that he has performed the work under this contract
in conformance with the contract and that he is entitled to receive the
amount requisitioned under the terms of the contra'ct. Payment for the
services covered by Item 3 shall be made 'in the following amounts and at
the work stages noted below: .
The sum payable at the end of each 60 day work period shall
be equal to the value of the work accomplished during that work period as
substantiated by the Contractor's progress report. Ten percent of the
amount of each payment will be withheld as a retainer until the report is
accepted by the Council and approved by fr. S, n(~"~lrtnwnt of 1lollSinf! and
rhan Deve]o llnf>nt at which tilne a final payn1ent of
~);)U. 00 retainer tota shall be made to the Contractor.
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9. Termination of Contract for Cause
If. through any cause, the Contractor shall fail to fulfill in timely
and proper manner his obligations under this contract, or if the Contractor
shall violate any of the covenants, agreements. or stipulations of this con-
tract. the Council shall thereupon have the right to terminate this contract
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 equitab Ie compensation for any satisfactory work completed on
such documents and other materials.
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 withhold
any payments to the Contractor for the purpose of set-off until such time
as the exact amount of damages due the Council from tpe Contractor is
determined.
10. Termination for Convenience of Council
The Council may terminate this contract at any time by giving
writtep notice to the Contractor of such termination and specifying the
. effective date thereof. at least 15 days before the effective date of such
termination. 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 pay-
ments of compensation previously made: Provided, however. that if less
than 60 per cent of the services covered by this contract have been per-
formed 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 con-
. tract) incurred by the 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 termination 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 com-
pensation. which are mutually agreed upon by and between the Council and,
the Contractor. ~pall be incorporated in prior written amendments to this
contract.
12. Equal Employment Opportunity
There shall be no discrimination against any employee who is
employed in the work covered by this Contract, or against any applicant
for such employment, because of race, color, religion. 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; rates of payor other forms of compen-
sation; and selection for training. including apprenticeship. The Contractor
shall insert a similar provision in all subcontracts for services covered by
this Contract.
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13. Interest of Members of Council and Others
No officer, member, or employee of the Council and no members
of its governing body, and no other public official of the governing body of
the locality or localities in which the Project is situated or being carried
out who exercises any functions or responsibilities in the review or carrying
out of this Project, shall participate in any decision relating to this
Contract which affects his personal interest or have any personal or pecuniary
interest, direct or indirect, in this Contract or the proceeds thereof.
. 14., Assignability
The Contractor qhall not assign any interest in this Contract, and shall
n~t transfer any inter'est 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 to 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.
15., Interest of Contractor
, The Contractor covenants that he 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 services required to be
performed under this Contract. The Contractor further covenants that in
the performance of this Contract no person having any such interest shall
be emp~oyed.
16. Find ings Confidential
Any reports, information, data, etc., given to or prepared or
assembled by the Contractor under this Contract which the Council requests
to be kept as confidential shall not be made available to any individual or
organizat.ion 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, and no Resident Commissioner, shall be admitted to any share
or part thereof or to any benefit to arise herefrom.
18. Identification of Documents
All reports, maps, and other documents completed as a part of
this Contract, other than documents exc1us ively for internal use within
the Council shall carry the following notation on the front cover or title
page (or, in the case of maps, in the same block) containing the 'name of
the Council.
Prepared by the Cit,y of Clearwater , under contract
with the Tampa Bay Hegional Planning Council.faF the--
----------------- The preparation of
this report was financed in part through a comprehensive planning
grant from the Department of Housing and Urban Development.
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 Council h~reby agrees to the extent practicable, to make available
without charge to the Contractor, either at the Planning Agency's head-
quarters or in a community or area rece iving ass istance hereunder, office
space needed by the Contractor in addition to his usual place of bus iness
for the performance of the services agreed to under this Contract, and the
Contractor hereby agrees not to include any charge for such additional
space in his fee.
21. Reports
a. Progress ,Heports
Througho~t the duration of this contract the Contractor
shall submit bi-monthly progress status reports to the
. Councq ~n'accordance with program requirements.
b. Final Reports
The Contractor shall prepare in draft form project
documents as identified. These report drafts will be
submitted to the Council as planning elements are
completed or not later than 30 days prior to ter-
minatiol1of the contract.
Upon review and approval by the Council the Contractor
shall prepare - - -.- - - copies of each report through
sUitable"?ff-set printing methods. Each report shall
include text, maps, charts, graphs, and illustrations
as cons idered appropriate by the Contractor and the
CouncH.
Proj ect Documents
Land Use Map of Urban Planning Area (l-Original for muni.cpal use)
Overall Pl'ogramDesign
Technical Mernorandum (25 copies)
Capital Improvement Program
Tecbnical Mem,ordandum (25 copi.es)
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Page G or 8
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Work Period
5.
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: Work Item
II Municipal Management
and Coordination
A . 2 Capital Improvement
Program (45%)
B. Work Shops (20%)
10% Retainage
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Value of Work
During' Period
1100
200
1300
( -130)
Sub-total of Payment During Work Periods
Sub-total of 10o/c Retainded During Work Periods
TOTA L PROJECT
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Total
This Period
$ 1, 170
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8,550
950
$ 9, 500
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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:
TAMPA BAY REGIONAL PLANNING
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By:
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0,_ (C.'el're~0:'~'T)
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(Chairman)
(Title)
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ATT!EST:
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Name)
)4yo..COIDIIIl. .10....
Appro~J".. *.,~ to.~. .' c. o.....cta... .....
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rSEP 1 5 1970 HerberiM. (~~1J~n
City Atto"De, ,
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APPROVED AS TO LEGAL FORM AND
LEGAL ADEQUACY:
Ch~ /11
(kt;. /:I, M~
(A~r~y at Law) .
, 19~
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I. lfOUSING ELEMENT
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A. Rousing Market Analysis
An F.R.A. type Rousing Market Analysis for C1earw~ter which measures
the need of fami lies in the lower income bracke ts as a part of the
demand for housing; determines the quantity at various price levels;
and proposes innovative programs to help sup~ly new housing. (Will
correlate with and complement 1970 Rousing Census data.' It is
assumed that F.R.A. data will be readily available for this survey.)
Estimated Time Required: 2 M/W - Consultant
.Estimated Cost: $1,500 - Consultant
B. Environmental Survey and Analysis
1. Land, Use Survey - A detailed survey which will be compatible in
scope but not duplicate 1970 Rousing Census data. Thi& survey
will make available in-depth data on housing and related land use
by type, cost, race, zoning and other. It will make possible an
information system/data base for the City of Clearwater which will
be correlated with the regional information system proposed by the
Tampa Bay Regiona1.P1anning Council. This data base will greatly
assist in the identification of housing sites for low and moderate
income families; and it is a cri~ica1 preliminary to the proposed
Neighborhood Analysis, identified in the 1969 Rousing Element and
itemized Neighborhood Analysis below.
a. Consultant aid and review of survey sheets and technique for
Electronic Data Processing Coding
Estimated Time Required: 1 M/W - Consultant
Estimated Cost: $500 - Consultant
b. Detailed "Windshield" survey of land use, condition of building
and environment; also, vacancy, number of floors,number of
dwelling units, and other
Estimated Time Required: 15 M/W - Municipal Staff
Estimated Cost: $2,000 - Municipal Staff
c. Detailed coding forE.D.P., by Block and Planning Unit of above,
. plus zoning, off-street parking, parcel and floor areas, race
,occupancy, age of structure, ownership, land and building values,
. and other
Estimated Time Required: 15 M/W - Municipal Staff
Estimated Cost: $2,000 - Municipal Staff
d. Update land use, structural and environmental conditions maps,
'and other
Estimated Time Required: 7 M/W - Municipal Staff
Estimated Cost: $1,000 - Municipal Staff
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EXHIBIT "A"
SCOPE OF SERVICES
11:.' ~NICIPAL MANAGEMENT ANJ COORDINATION
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A. . Policy Development and Coordination
1. Goals, Policies and Objectives/Program Design
a. Detailed 'survey of City Co~ssion, Planning and Zoning Board,
Community Relations Board (a bi-racial group), Beautification
Co~tt~e, and selected Black and White civic and business
leaders of the community
Estimated, Time Required: 2 M/W - Consultant
Estimated'Cost: $1.500 - Consultant
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Estimated Time Required: 2 M/W - Municipal St~ff
Estimated ~ost: $400 - Municipal Staff
b. Analyze and establish priorities of categories, determine long-
term goals, policies toward reaching said goals and short-term
objectives (relate to Capital Improvements Program) to:be im-
plemented
. Estimated Time Required: 2 M/W - Consultant
Estimated Cost: $1,500 - Consultant
Estimated Time Required: 2 M/W-' Municipal Staff
Estimated Cost: $400 - Municipal Staff
c. Develop overall program design relating long-term goals and
short-term objectives, staff and financial resources, and program
sequence (relate. to Capital Improvements Program)
Estimated Time Required: 2 M/W - Municipal Staff
,Estimated Cost: $200 - Municipal Staff
2. Capital Improvements Program
Revise and-update priorities, progra~ngand cost figures; relate
to short-termobj~ctives as defined in goals search/program design
and to p~ssible change in need and financial resour~es
Estimated Time Required: 12 M/W - Municipal Staff
Estimated Cost: $2,500 - Municipal Staff
B. Work Shops/Citizen Involvement
Work Sessions with City Co~ssion, Planning and Zoning Board, Community
Relations Board, Beautification Co~ttee, Traffic Study Co~ttee, and
other public involvement and citizen education through planning presenta-
tions ~o citizen groups, mail-outs and other techniques encouraging feedback
Estimated Time Required: 5 M/W - Municipal Staff
Estimated Cost: $1,000 - Municipal Staff
EXHIBIT "A"
SCOPE OF SERVICES