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CLEARWATER BEACH NEED ANALYSIS PROPOSAL I I O'NEIL PLANNING & DESIGN SERVICES, INC. CONTRACTUAL CONDITIONS 1.0 Preamble ~ J This Agreement (the "Agreement) is made thi~~OfOctober, 1996 by and between O'Neil Planning & Design Services, Inc. (OP&DS) with offices at 5445 Mariner Street, Suite 310, Tampa, Florida 33609 and the City of Clearwater with offices at 100 Myrtle Street. Clearwater. Florida (Client) on the following terms and conditions. 2.0 Scope of Services A detailed Scope of Services, Schedule of Fees and Project Schedule are provided by OP&DS and are attached hereto and incorporated herein as Attachment A, Attachment B and Attachment C. respectively. Unless otherwise specified in the attached Scope of Services, Client shall: (1) Provide OP&DS all documents, maps, base maps or other information in Client's possession relating to the project and to the physical condition of the site and surrounding area where the project is to be located. (2) Provide OP&DS, in writing, all criteria, standards, and all other information relating to Client as requirements for the project. (3) Provide OP&DS prompt written notice of any defect or suspected defect in its services. 3.0 Charges, Billing and Payment For the performance of its services OP&DS shall be paid by Client in accordance with the fee schedule noted on Attachment B dated October 7, 1996. Billing shall be sent monthly as work is completed. Reimbursable expenses shall be approved by the City of Clearwater's Project Manager, Scott Schuford, and shall include photography expenses, mileage, reproduction expenses and other expenses that may occur in the in the preparation and reproduction of the final work product. 4.0 Termination This Agreement may be terminated by either party by not less than ten days written notice to the other party specifying a substantial failure to perform in accordance with the terms of the Agreement by the other party through no fault of the terminating party. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. 5.0 Delays and Force Majeure Neither party shall hold the other responsible for damages or delays caused by act of God, and lor omissions of Federal State and local governmental authorities and regulatory agencies or other events which are beyond the reasonable control of the other party and which could not have been reasonably foreseen or prevented. For this purpose, such acts or events shall include storms, floods, epidemics, war, riot, strikes, lockouts or other industrial disturbances, and inability with reasonable diligence to supply personnel, information, or material to the project. Should such acts or events occur, it is agreed that both parties shall use their best efforts to overcome all difficulties arising and to resume as soon as reasonably possible to normal pursuit and schedule of the service covered by this Agreement. 6.0 Extent of Agreement This Agreement represents the entire contract between Client and OP&DS and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement shall supersede any reprinted and/or contradictory items and conditions. 7.0 Compliance with Laws Any provisions of this Agreement held in violation of any law or ordinance shall be deemed stricken, and all remaining provisions shall continue valid and binding upon the parties. Client and OP&DS shall attempt in good faith to replace any invalid or unenforceable provisions of this Agreement with provisions which are valid and enforceable and which come as close as possible to expressing the intention of the original provisions. 8.0 Litigation In the event of litigation or arbitration between the two parties to this Agreements, each party shall hear its own costs and attorney fees. 9.0 Independent contractorltatus I Nothing in this Agreement shall be construed to make OP&DS or any of its employees or agents to be Client employees, agents or representatives (unless specifically so stated). OP&DS shall be an independent contractor and shall have responsibility for any control over the details and means for performing the services described herein. OP&DS shall be subject to the direction of Client only with respect to the Scope of Services and the general results required. 10.0 Warranty and Liability OP&DS warrants that its services are performed, within the limits prescribed by its clients, with the usual thoroughness and competence of the consulting profession, in accordance with the standard for professional services at the time those services are rendered. No other warrant or representation, either expressed or implied, is included or intended in its proposals, contracts, or reports. gp&;D~'~ liability for inJm:y fIT In~~ "ri~i"g U;Qm prl\fp~iin.,,,1 prror~ Qr omiHin.,~ ~h,,1I nnt pv<,~~d tRi alRQ\Ult 8ftAis~ .G8Rffllet:- OP&DS's liability for all ~ conditions for which it may be liable under this Agreement shall not exceetflrlL? $250,000. / 11.0 Notices Any notice given hereunder shall be deemed served when hand-delivered in person or by commercial counter or express delivery service to an officer or other duly appointed representative of the party to whom the notice is directed, or is sent by registered, certified, or dually posted by regular mail, to the business address identified at the end of this Agreement. 12.0 Governing Law Unless otherwise provided in an Attachment, the laws of the State of Florida will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. 13.0 No Third Party Rights This Agreement shall not create any rights or benefits to parties other than Client and OP&DS. 14.0 Ownership of Final Work Product The City of Clearwater shall have the final ownership of all Final Work Product. 15.0 Signatures Unless otherwise specified below, the following signatories are the authorized representatives upon whose decisions and information, each party may rely in performance of this Agreement. Any information of notices required or permitted hereunder shall be deemed to have been sufficiently given to either party is given to these signatories or to such parties and/or addressed as they may subsequently designate. Signed By' Title: Pres' Date: CITY OF CLEARWATER, FLORIDA By: Approved as to form and legal sufficiency: Attest: ~~r-~ J n Carassas Assistant City Attorney ..,- /z,~)~I1~~~ ...J!rI cy - h.. . ,oudeau (j . U City Cle . I I Attachment A SCOPE OF SERVICES CLEARWATER BEACH NEED ANALYSIS PROPOSAL 10/07/96 O'Neil Planning & Design Services, Inc. (OP&DS) in conjunction with Phil Graham & Company will provide research and planning services for the City of Clearwater. These services will include the research for and preparation of a Need Analysis for a Community Redevelopment Designation for the area of Clearwater Beach as identified as the "Initial Area of Analysis Beach Redevelopment" Map as attached to the Request For Proposal (RFP). In order to establish a Community Redevelopment Area pursuant to Chapter 163, Florida Statutes (F.S.), a need analysis must be prepared that finds there to be blighted areas. The local authority must then adopt a resolution concurring that one or more slums or blighted areas exist in the municipality. Chapter 163.34 F.S. defines "Blighted Area" to mean that there are a substantial number of slum, deteriorated, or deteriorating structures and conditions which endanger life or property by other causes or one or more of the following findings which substantially impairs or arrests the sound growth of a municipality and is a menace to the public's health, safety, morals, or welfare in its present use and condition: 1. Predominance of defective or inadequate site layout; 2. Faulty lot layout in relation to size, adequate accessibility, or usefulness; 3. Unsanitary or unsafe conditions; 4. Deterioration of site or other improvements; 5. Tax or special assessment delinquency evaluating the fair value of the land; and 6. Diversity of ownership or defective or unusual conditions of which prevent the free alienability of land within the deteriorated or hazardous area; or An area in which there exists faulty or inadequate street layout; inadequate parking facilities; or roadways, bridges, or public transportation facilities incapable of handling the volume of traffic flow into or through the area, either at present or following proposed construction. A "slum area" is defined by Chapter 163 F.S. as an area which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation..., or open spaces; high density of population and overcrowding; the existence of conditions which endanger life or property by fire or other causes; or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare. I I Task A Research In order to determine whether a blighted area exists in the designated area of Clearwater Beach, an inventory and analysis of the area will be performed. Research shall include information from the City of Clearwater Comprehensive Plan Housing Element and corresponding Technical Support Document, any previous housing studies or inventories, tax record and tax maps and pertinent Property Appraiser maps and information as necessary. The City shall provide a copy of all studies completed for the designated Clearwater Beach by the City or the City's Consultants, including: area parking studies and inventories; building setback studies; market studies; unsafe building structures documentation; beach studies; and any other related studies that may be used in determining the need for a Community Redevelopment Area. Research will also be made in coordination with the Tax Assessor's office to determine the ownership of blighted areas as determined from the inventory and to locate areas where special tax assessments have been made due to delinquency evaluation of the fair value of the land. Task B Inventory An inventory shall be provided as necessary and shall include a windshield study of all blocks within the designated area. The proposed inventory will include the entire proposed area for redevelopment. It is proposed that OP&DS and Phil Graham & Company shall provide an inventory of each block within the identified area. The block will be identified by name and number that will correspond to a larger map of the area. Inventory sheets will be prepared for each block within the designated area. The Inventory Sheets will include, but will not be limited to, an evaluation of the following information: 1. Street Name and Number; 2. Types of buildings i.e. commercial, residential; 3. Addresses of each building and condition of building (Good, Fair and Poor) The definitions of the conditions will be approved by the City of Clearwater prior to beginning work; 4. Lot layout -building face street -driveway access -setbacks met; 5. Notes as to the exterior condition of structures. In areas of good conditions, few notes will be required. Inventory Sheets will be prepared and collected for the entire area. I I Task C Preparation of Need Analysis Report Upon gathering the above information, OP&DS shall evaluate the researched information and Inventory Sheets to determine the existence of blighted areas within the designated area. The results of the inventories shall be tallied and recorded as part of the report. All information from the Property Appraiser, Tax Assessor, and Planning Department shall also be evaluated and reported within the Need Analysis. A draft of the report shall be prepared for the City of Clearwater's review and comment, prior to preparation of the final report. The report shall include: an introduction to the Need Analysis; a definition of "blighted area"; a description of the research and inventory process; the results of the research and inventory and the conclusions and recommendations of the Need Analysis. This task shall include five (5) meetings with the City. These meetings shall include 1. Kick-off meeting where the City shall report information that they have acquired for this area including maps, Property Appraiser reports, tax records, housing studies or inventories, etc. This meeting shall also include discussions of the project goals. 2. Meeting with the City of Clearwater staff to review and approve Inventory List Sheets and to define the definitions for building conditions. Will also discuss the details of proposed inventory. 3. Meeting with the City of Clearwater staff to discuss preliminary results of inventory. 4. Meeting with the City of Clearwater to discuss and review draft ofthe Need Analysis Report which would identify blighted area. 5. Presentation to City Council to discuss results of final Needs Analysis Report. I Attachment B I SCHEDULE OF FEES CLEARWATER BEACH NEED ANALYSIS PROPOSAL 11/07/96 Task A Research Personnel Principal Staff Planner Clerical Task B Inventory Personnel Principal Staff Planner Clerical Hours 30 8 Hours 40 160 2 Hourly Rate $90.00 $45.00 $35.00 Hourly Rate $90.00 $45.00 $35.00 Task C Preparation of Need Analysis Personnel Principal Staff Planner Clerical Total Hours 60 19 Hourly Rate $90.00 $45.00 $35.00 Amount $ 2,700.00 $ 360.00 $ Amount $ 3,600.00 $ 7,200.00 $ 70.00 Amount $ 5,400.00 $ $ 670.00 $20,000.00 The above costs do not include Reimbursable Expenses which shall include photographic expenses and services, reproduction costs, mileage and any other costs incurred for the preparation and production ofthe final work product as approved by the City's Project Manager, Scott Schuford. Commence Project October 18, 1996 - Kick-off Meeting Begin Research Prepare Inventory List/Meeting W ICity Begin Inventory Review Inventory & Research/Prepare Need Analysis First Draft of Need Analysis To City For Review Ci~eview and comments to OP&DS Final Report To City 10/18/96 10/21/96 . . . 10/28/96 11/4/96 . Attachment C SCHEDULE CLEARWATER BEACH NEED ANALYSIS PROPOSAL 10/07/96 11/11/96 11/18/96 11/25/96 12/02/96 12/09196 12/16196 12/23196 . 12/30196 1/06/97 . 1/13197 . 1/20197 1/27/97 .