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ECONOMIC REDEVELOPMENT STRATEGY FOR HERCULES INDUSTRIAL AREA I I CONSULTING SERVICES-AGREEMENT 'f'-- This AGREEMENT made this 4 day of ~ 2000, by and between the City of Clearwater, Florida (City), P. O. Box 4748, Clearwater Florida 33758-4748, and Hunter Interest, Inc. (Consultant), a Florida corporation, 121 Main Street, Annapolis, Maryland 21401. WHEREAS, City desires to have Consultant prepare an economic redevelopment strategy for the Hercules Industrial Area as described in Exhibit A; and WHEREAS, Consultant agrees to provide the consulting services described in Exhibit "A, II under the terms and conditions of this Agreement; 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 prepare an economic redevelopment strategy for the Hercules Industrial Area under the terms and conditions described in Exhibit "A. n 2. TIME OF PERFORMANCE. All work shall be completed within six (6) months 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 $25,000.00, inclusive of all reasonable and necessary direct expenses. Consultant understands that compensation is subject to that funding agreement entered into between City and Pinellas County where each party is responsible for one-half of the compensation due Consultant. 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 Consultant shall be effective when incorporated in written amendment to this Agreement. /1) /l~ 3/1 /) ~ ,-. ~).....;' >, _/,1;-; ~.....-'~ \...,' "." /) '- I METHOD OF PAYMENT. I Consultant shall bill City, and City agrees to pay s. 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 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 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. 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 2 /'II I I 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. This provision shall survive the termination of this Agreement. 11. PROPRIETARY MATERIALS. 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 I Florida. IN WITNESS WHEREOF, the City and Consultant, have executed this Agreement on the date first above written. :~TY OIRWATER, FLORIDA_ Michael J. Roberto City Manager. Attest: r~~ r, ~ ,Qo.: _ Cy la E. ~~au City lerk - - - . . - - . . Approved as to form: ~~ ohnCarassas Assistant City Attorney By: Donald E. Hunter President S:\Agreement forms\Hunter Interest 3 .~ HUNTER INTARESTS I I N COR P 0 RAT E D Proposed Scope of Services Task 1: Kick-off Meeting - At the outset of work Mr. Hunter will meet with city and county economic development representatives to discuss the work process, schedule, and any specific objectives which city and county officials may have. During this meeting administrative procedures with the client will be established, and an overall schedule of meetings and discussions will be prepared. Task 2: Area Analysis - HII professionals, working out of our Clearwater office, will conduct a 100% survey of properties within the Hercules Industrial Area. The client will provide accurate base maps of the area. HII will recommend district boundaries for client approval. The survey will inventory and categorize industrial land uses in the area, as well as identify and inventory vacant and underutilized properties. Building conditions and site uses will be noted and categorized; intensity of site use will be noted and categorized; employment density will be estimated; and compatibility with future trends and plans will be noted. Particular attention will be devoted to that property presently owned by city and county governments, plus any additional property likely to come into public ownership in the foreseeable future. Interviews will also be conducted with a sampling of industrial companies in the area, particularly those companies of a high-tech nature, companies that have recently located in the district, and those which have had a long-term presence. Additional interviews will be conducted with industrial real estate brokers, non-industrial property owners, lower yield commercial service and warehousing/storage users, and owners of properties subject to future change due to market forces or public action. Our analysis will also include consideration of zoning, prospects for zoning changes, existing infrastructure and services, access, and other positive and negative characteristics of the Hercules Industrial Area. Task 3: Industrial Market Reconnaissance - In parallel with the work in Task 2 above, HII professionals will conduct a preliminary market analysis of industrial and commercial land and space markets in the Clearwater area. The purpose of this task is to further understand supply and demand characteristics, and dynamics in the current marketplace, as well as identification of other competitive industrial districts and industrial parks in the area. Selective interviews will be conducted with property managers and operators of competitive developments, as well as with real estate professionals who are active in this area. Spot interviews will include companies that recently located in the Hercules Industrial District, to determine aspects of their location decision vis-a-vis the competition. Similarly, spot interviews will include companies in competitive districts to determine why those locations were favored over a location in the Hercules Industrial Area. The market analysis will include comparisons of cost factors, services, locational characteristics, and amenities. "', . . l. HUNTER INTJRESTS I I N COR paR ATE 0 Task 4: Workshop Meeting - Upon completion of Tasks 2 and 3, Mr. Hunter will meet with client representatives to provide a briefing on our findings and conclusions, and to discuss specific public goals and objectives for the Hercules Industrial Area in light of our findings. Analysis results will be presented, along with initial recommendations regarding reasonable future objectives for the area, and actions necessary on the part of local government and others to implement them. Task 5: Development Strategy - HII will next recommend a realistic development strategy for the Hercules Industrial Area, compatible with public goals and objectives. The strategy may include additional property acquisition to accomplish specific objectives, or recommendations on the use and disposition of current publicly owned properties in the area. Recommendations may also include area improvements in order to bolster the area's competitive advantage, as well as to alter and upgrade the industrial/commercial tenant mix. If appropriate, our recommendations will consider formation of an Industrial Improvement District, which could include a separate new management and marketing function, perhaps funded by a voluntary fee arrangement or tax assessment associated with the provision of additional services and benefits to district occupants. Specific attention will be devoted to public goals and objectives for the area, and implementation options that the city and county governments could pursue to accomplish these goals and objectives. Strategic recommendations will extend to possible infrastructure improvements, gateways and signage, and other recommendations consistent with the upgrading and improved viability of the district as a whole. Mr. Hunter and his staff will assist the client with analysis of local planning and regulatory issues, appropriate economic and fiscal impact analysis procedures, public infrastructure needs and alternative funding sources, business and operational plans and marketing strategies, and other possible implementation actions and techniques related to Hercules Industrial Area improvements. Task 6: Report and Presentation - All work described above will be included in a technical report document which will be delivered to the client in 15 copies, plus a camera-ready original for additional reproduction. The report will include an Executive Summary suitable for separate publication and wider dissemination. Mr. Hunter will be present for a presentation on our findings and recommendations. A step-by-step program of recommended next steps to implement our recommendations will be included in the report and presentation.