NEED & FEASIBILITY STUDY OF HARBORVIEW CENTER AS A COMMUNITY CULTURAL CENTER
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CONTRACT FOR CONSULTING SERVICES
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This CONTRACT made this (g day of I1,r ,1998, by and
between the City of Clearwater, Florida (City), P. O. Box 4748, Clearwater Florida
34618, and Harvard Jolly Clees Toppe, Architects, P.A., 2714 Ninth Street, North,St.
Petersburg, Florida 33707(Consultant).
WHEREAS, City selected Consultant to provide a Needs Assessment and
Feasibility Study for the use of Harborview Center as a community cultural center as
described in Consultant's Proposal (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 a Needs
Assessment and Feasibility Study under the terms and conditions described in Exhibit
"An.
2. TIME OF PERFORMANCE. All services to be completed within sixteen
(16) weeks of the date of this Contract.
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
$25,000.00, inclusive of all reasonable and necessary expenses. 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 Contract which are mutually
agreed upon by and between City and Consultant shall be effective when incorporated
in written amendment to this Contract.
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5. METHOD OF PAYMENT. Consultant agrees to bill City for services as
described in Exhibit "A". 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. Jonathan R. Toppe will be
designated as Project Director for this project by Consultant to manage and supervise
the performance of this Contract 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, or his designee, for all
matters relating to this Contract.
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 this Contract, 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 Contract.
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 Contract and/or the performance
hereof. Without limiting its liability under this Contract, Consultant shall procure and
maintain during the life of this Contract professional liability insurance coverage. This
provision shall survive the termination of this Contract.
11. PROPRIETARY MATERIALS.
Consultant agrees to 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
Contract through attorneys at law, then the parties agree that the prevailing party shall be
entitled to its 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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IN WITNESS WHEREOF, the City and Consultant, have executed this Contract
on the date first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By: ~L
Michael J. Roberto
City Manager
Rita Garvey
Mayor-Commissioner ~
Approved as to form:
Attest:
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John Carassas
Assistant City Attorney
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HARVARD JOLLY CLEES TOPPE,
ARCHITECTS, P.A.
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HARVARD
JOllY
ClEES
TaPPE
ARCHITECTS, PA.
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Directors
R. Joh" Clees. AJA
Jeffrey E. Cobble. AlA
Wllliam B. Hcy\..ard. ."IA,
Steven M. Heiser, ,~
Blanchard E. }oily. AlA
lames A. Shawhan. .'JA
Ionathan R. Tappe, I\JA
2714 Ninth 51. N.
51. Petersburg, fL
3 3 704
813/8964611
AA (000119
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July 10, 1998
Mrs. Arlita Hallam, Ph.D
Library Director and Interim General Services Director
City of Gearwater
1 ()() North Osceola Avenue
Gearwater, FL 34615
Re: Qeanvater Harborview Center
Feasibility Study
HJCT Comm. #98106
Dear Mrs_ Hallam:
Harvard Jolly Gees Toppe is pleased to provide this Proposal for a Needs Assessment and Feasibility
Study for the reconfiguration of Harborview Center as a Community Cultural Center operated in
conjunction with the new Library.
The study will be conducted by mCf, with the assistance of Duncan M. Webb, CMC, of Webb
Management Services. Mr. Webb worked with Harvard Jolly Gees Toppe and me personally on
needs assessments and feasibility studies for The Marina Civic Center, a 2,500 seat Performing Arts
Center in Panama City, the Largo Multi-Purpose Cultural Center, a 350-seat Theater and Community
Center, and the Oldsmar Cultural Enrichment Center Phase I and Phase II studies.
Scope of Services
Market Analysis
Defme the appropriate market for new cultural facilities in the region. The analysis will be based on a
review of market data available from other regional sources, ge<Kiemographic analysis of the market
area around Clearwater and the distribution and characteristics of regional arts audiences.
Comparable Markets and Projects
Research attendance and participation rates at for community arts center projects in comparable
markets, considering market penetration and the impact of improved or additional facilities on
participation rates. Also review the experience of these communities in the development of
comparable communities, looking for data that suggests the feasibility of the Oearwater center.
Community Needs
Meet individually or in workshop sessions with local arts groups, regional presenters, entertainment
providers, other educators, and commW1ity leaders to assess the demand for new facilities and the
likely level of activity ifnew facilities are developed.
EXHIBIT "A"
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Mrs. Arlita Hallam, Ph.D.
City of Clearwater
July 10, 1998
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Regional Facility Assessment
Consider the use and evaluate the condition of other cultural facilities in the region, including those not
currently in use, to suggest if there are needs not being met by the current stock of facilities. Also
consider the impact of new facilities on the market and operation of existing facilities.
Communit)' Impacts and BenefIts
Consider the potential impacts and benefits of new facilities for the community and the broader region,
considering such issues as commlUlity development, cultural tourism, and downtown redevelopment.
Conclusions
Based on the above, suggest the feasibility of the proposed Clearwater project, and describe optimal
components in tenns of size, operating characteristics and relationship to other facilities.
Preliminary Space Program
Develop a preliminary space program describing all of the spaces and components required for
recommended facilities, including their size and capacities, based on the fmdings of the first phase of
the study and continuing interviews with potential facility users.
Conceptual Design
Develop a conceptual design for the recommended facilities, including plans and sections which
illustrate the components and layout of proposed facilities on the site.
Order-of-Magnitude Budgets
Develop an order-<>f-magnitude capital budget for reconunended facilities, based on the cost of
developing similar regional projects, and local development cost information.
Activity Prome
Prepare an activity profile for reconnnended facilities, listing types and levels of use by specific
organizations and identifying other uses and users for this facility type and size.
Governance and Operations
Propose an operating model for reconnnended facilities, addressing ownership, governance, staffmg
requirements, and operating issues such as commlUlity access, scheduling and presenting.
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Mrs. Arlita Hallam
City of Clearwater
July 10, 1998
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Pro-forma Operating Budget
Construct a pro-fonna operating budget for the ftrst stable year of operations, identifying all somces ot
operating revenues and expenses, and the likely result of operations.
Final Report
Present the results of the study and deliver a fmal report including all fmdings, conclusions aOO
reconnnendations.
Fee and Schedule
The services described in this Proposal will be perfonned for a ftxed fee of $25,000, including
expenses. Fees will be billed as follows:
At project mid-point:
At delivery of fmal report:
$10,000
$15,000
We estimate completing the study over a 12 to 16 week period, assuming no delays in the prepatatioo
for our investigation or the review of preliminary fmdings by City Staff. We anticipate three trips O\-er
the course of the study for Duncan Webb.
We look forward to assisting the citizens of Clearwater with this study as Clearwater IOO\"eS
forward.. .One City.. .One Future.
Very truly yours,
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Jonathan R. Toppe, AlA, NCARB
Executive Vice President
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xc: DuncanM. Webb