CONSULTING SERVICES FOR DOWNTOWN CLEARWATER
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AGREEMENT FOR CONSULTING SERVICES
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This AGREEMENT made this:lJ1J . day of ~~ , 1997, by and
between the City of Clearwater, Florida (City), P. O. Box 4748, Clearwater Florida
34618, and Hunter Interests, Inc. (Consultant), a Maryland corporation.
WHEREAS, City desires to have Consultant provide services for strategic
planning for the Downtown Clearwater Area; and
WHEREAS, City selected Consultant to provide consultant services according to
Consultant's letter dated August 13, 1997. (See Exhibit "A");
NOW THEREFORE, the City and Consultant do hereby incorporate all terms and
conditions in Exhibit "A" and mutually agree as follows:
1. SCOPE OF PROJECT. Consultant agrees to provide consultant services
under the terms and conditions described in Exhibit "A".
2. TIME OF PERFORMANCE. Commence upon execution of this
Agreement and complete entire work program by December 1, 1997.
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
$24,500 as described in Exhibit "A", and inclusive of all reasonable and necessary direct
expenses as approved by City. 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 or decrease 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
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Consultant shall be effective when incorporated in written amendment to this
Agreement.
5. METHOD OF PAYMENT. Consultant shall bill City for all services
rendered. 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. Donald E. Hunter 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 Roberto, City Manager, 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 five (5) 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.
1 o. 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. 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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SIGNATURE PAGE FOR AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF CLEARWATER AND HUNTER INTERESTS, INC.
IN WITNESS WHEREOF, the City and Consultant, have executed this Agreement on
the date first above written.
CITY OF CLEARWATER, FLORIDA
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By:
Michael J. Roberto
City Manager .-
Approved as to form:
Attest:
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ohn Carassas
Assistant City Attorney
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Donald E. Hunter
President
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EXHIBIT "A"
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HUNTER INTERESTS INC.
August 13, 1997
Mr. Michael 1. Roberto
City Manager
Clearwater City Hall, 3rd Floor
Clearwater, FL 33756
Dear Mr. Roberto:
This Letter of Agreement is for the services of Hunter Interests Inc. (HII) to assist
the City of Clearwater with strategic planning for the downtown area.
By way of background, I have spoken with Bob Keller on the phone several times
and met with him in Clearwater on two occasions to discuss this work, the second
time with you and other City staff members. In these meetings I have gained an
understanding of your objectives and have tried to structure this work process
accordingly.
The work proposed herein would be conducted in two phases. The first phase
would be an analysis of a number of different projects which the City
contemplates undertaking in the immediate future, several of which are the result
of the "Penny for Pinellas" funding initiative. The individual and combined
impact of these projects on downtown Clearwater is presently somewhat unclear.
Our analysis will attempt to describe those impacts and opportunities that are
presented for additional development and revitalization. We will also conduct a
market analysis during Phase I to understand current market strengths and
weaknesses as they pertain to the downtown Clearwater area.
Our second work phase would use the knowledge gained from Phase I to establish
a vision of the future for downtown Clearwater, and recommend a realistic set of
actions to upgrade conditions over the short run and medium term. This strategic
plan will not be a long range master planning document, but rather, an action plan
which focuses on realistic steps that can be taken in conjunction with the new
projects to improve conditions in downtown Clearwater.
In essence, we see the strategic plan being built around feasible projects-those
which are already contemplated and funded, and those which can easily be
accomplished by public/private investment during the next four to eight years.
We intend to emphasize those projects which clearly produce economic
development benefits to the City, rather than those which may simply be
beautification. We see this planning effort as dealing with issues such as the
121 MAIN STREET . ANNAPOLIS, MARYLAND 21401 . (410) 269-0033 . FAX (410) 280-9163
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HUNTER INTERESTS INC.
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M. Roberto
August 13, 1997
Page Two
changing traffic flows on Cleveland Street when the new bridge is constructed and
the impacts of these changes on Clearwater downtown businesses, and the City's
property at Cleveland and Missouri Streets-how should it be used to create jobs
and tax base as well as produce off-site impacts of a positive nature on the
downtown area?
Phase I Work Program
Task 1: Project Analysis - HII professionals will collect and review
information provided by the City on the current status of pending projects
which will have an impact on downtown Clearwater. These projects
include the new library building, the new bridge which will replace the
draw bridge at the foot of Cleveland Street, improvements to civic center
facilities at Clearwater Beach, the Pinellas Trail improvements, and other
projects contemplated in the "Penny for Pinellas" program. Information
will also be provided by the City on regularly scheduled public works
improvements and other capital investments which the City contemplates
during the next ten years. Past and current CRA plans for downtown
Clearwater will be reviewed.
Task 2: Market Reconnaissance - Previous market analysis data from
a number of sources including HI!' s past work in the City will be reviewed
and updated. Specifically, we anticipate looking at the markets for
downtown retail, office, housing, entertainment, government expansion,
and institutional expansion. Available data and interviews will be utilized
to analyze trends in all such sectors and to understand likely future
impacts of growth and change on the downtown Clearwater area. The
market analysis will also include a separate look at the Harborview Center
and the long term viability of current uses, and the City's annex site at
Cleveland and Missouri Streets.
At the conclusion of Tasks 1 and 2, Mr. Hunter will present a verbal report on our
findings and conclusions, including his assessment of downtown growth and
improvement opportunities.
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HUNTER INTERESTS INC.
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M. Roberto
August 13, 1997
Page Three
Phase II Work Program
At the end of Phase I, a detailed work program for Phase II will be presented. It is
premature to anticipate that work program now because it will likely be
influenced significantly by the results and findings of Phase I analysis tasks.
Generally, the Phase II work program will first establish a realistic vision of the
future for downtown Clearwater in light of pending projects and market
opportunities. Specific actions and projects that are necessary to realize that
vision will be identified, along with the roles and responsibilities of public and
private sector parties to implement specific actions. Phase II work may include a
focus on implementation organizations such as the CRA and the DDB, and their
roles and future in implementing the Downtown Clearwater Plan. Another thrust
could be creation of an urban entertainment district in response to a market niche
identified in the Phase I market analysis. Other possible program thrusts and high
priority projects may be identified to capitalize on pending public infrastructure
investments and leverage those investments into large private investment
components on nearby properties.
The Phase I work program will be conducted in 45 to 60 days from
commencement with every effort given to keeping the work period as short as
possible. A similar 45- to 60-day work period will likely be necessary for Phase
II.
As in all of our work, the City will be billed only for actual professional time used
to undertake this assignment, plus compensation for direct expenses. Bills will be
rendered monthly and payment is expected within 30 days to avoid interest and
penalty charges. This agreement specifically covers only Phase I work and will
be amended when and if the City decides to proceed with Phase II. A breakdown
of our anticipated costs per task is below.
Task 1: Project Analysis
Task 2: Market Reconnaissance
$ 4,000
$18,000
Direct Expenses
$ 2.500
Total
$24,500
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HUNTER INTERESTS INe.
M. Roberto
August 13, 1997
Page Four
It is clearly understood that the City's maximum financial exposure under this
agreement is $24,500. Work can be terminated at any time by either party for any
reason through written notification, with the City liable only for the actual cost of
work conducted up to the time of termination. Hunter Interests maintains normal
liability and Worker's Compensation insurance for firms of our type, and hereby
agrees to hold harmless the City of Clearwater and its elected officials and
employees from any liability associated with the conduct of our work.
The firm has worked in Clearwater and Florida in the past and is familiar with the
laws and regulations governing this type of work. All work described herein will
be undertaken in conformance with local laws and regulations. Hunter Interests is
an Equal Opportunity Employer with an adopted Affirmative Action Program,
and hereby agrees to conduct this work without discrimination of any type.
If this agreement meets with your approval, Mr. Roberto, please execute both
copies and return one to us for our files. We understand that time is of the essence
and that you and your staff have a desire to complete this entire work program
within 90 days, if possible. We are prepared to begin on August 1 or shortly
thereafter and would hope to accomplish most of our on-site fieldwork during the
month of August. We will be working out of our Clearwater office for this
assignment, thus reducing direct expenses below those which would normally
occur if significant travel is involved.
We understand that our firm is uniquely qualified to undertake this assignment
due to our past work in downtown Clearwater, the fact that our firm is a specialist
in downtown strategic plans and implementation-oriented action plans, and
because we have an office in Clearwater which allows more on-site work at a
lower cost to the City. We look forward to working closely with you and the City
Manager on this important assignment.
Sincerely,
ACCEPTANCE
Signature
Donald E. Hunter
President
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