CONSULTING SERVICES FOR THE BEACH FACADE EVALUATION PROJECT
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CONSULTING SERVICES AGREEMENT
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This AGREEMENT made this ;J.& day of October 1999, by and between the City of
Clearwater, Florida (City), P. O. Box 4748, Clearwater Florida 33758, and O'Neil Planning &
Design Services, Inc., (Consultant), a Florida corporation, 5445 Mariner Street, Suite 310,
Tampa, Florida 33609.
WHEREAS, City desires to have Consultant provide consulting services for the Beach
Facade Evaluation Project (BFEP); and
WHEREAS, Consultant agrees to provide the consulting services described herein,
under the terms and conditions of this Agreement;
NOW THEREFORE, the City and Consultant do hereby mutually agree as follows:
1. SCOPE OF PROJECT. Consultant agrees to provide an evaluation of the
existing properties within the project boundaries as described on Exhibit "A" attached hereto.
2. TIME OF PERFORMANCE. All services must be completed within six (6)
months from the date of execution this Agreement.
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 Eight
Thousand and no/100 Dollars ($8,000.00), inclusive of all reasonable and necessary direct
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 Agreement which
are mutually agreed upon by and between City and Consultant shall be effective when
incorporated in written amendment to this Agreement.
5. METHOD OF PAYMENT. Consultant shall bill City, and City agrees to pay
after approval of the City Project Manager under the terms of the Florida Prompt Payment Act
F.S.218.70.
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6. CONTACTS FOR RESPONSIBILITY. Ann O'Neil Vickstrom 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 John Asmar, Planning and Development Services Administrator, 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 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 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 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
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or omission of Consultant or its employees in connection with or arising directly or indirectly out of
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. 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.
IN WITNESS WHEREOF, the City and Consultant, have executed this Agreement on
the date first above written.
CITY
CLEARWATER, FLORIDA
By:
Michael J, Roberto, City Manager
Approved as to form:
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o~n cara:a: Asst. City Attorney
Attest:
E. G,9llgeau, City Clerk'
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O'NEIL PLANNING & DESIGN
SERVICES, INC.
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EXHIBIT A
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O'Neil Planning & Design Services, Inc.
LC 0000269
5445 Mariner Street. Suite 310' Tampa. FL 33609
(813) 288-0903 . FAX (813) 282.1056
PlANNING
September 20, 1999
Cyndi Hardin, AICP
Assistant Director of Planning and Development
City of Clearwater
100 S. Myrtle Avenue
Clearwater, Florida 33758
RE: Beach Facade Evaluation
Dear Cyndi:
I arn pleased to have the opportunity to submit this proposal for the Beach Facade Evaluation
project. As we have discussed this project provides the City owners a means of evaluating the
existing conditions of numerous properties along the Clearwater Beach area. More specifically,
the study includes both sides of Mandalay Avenue from Causeway Boulevard north to Bayrnont
Street; both sides of Coronado Drive from Causeway Boulevard south to Harnden Drive; and the
east side of Gulfview Boulevard from Coronado Drive to Clearwater Pass Bridge.
The scope of work has been provided as follows:
Scope of Work
The scope of this project is to evaluate the existing properties within the project boundaries for
the following issues:
Existing land uses (i.e., motel, retail, restaurant, office)
Physical and structural condition of facade, window and/or storefront (based on
sliding scale)
Building status as occupied or vacant
Aesthetic quality and contribution to beach character (based on a sliding scale).
A report will be prepared indicating the methodology, the sliding scales used and the conclusions
for each of the properties. The report will include graphic representations (base map to be
provided by the City of Clearwater) of the land uses, the building status. Each property will be
addressed for each of the above stated issues.
The City of Clearwater will evaluate and identify any structures determined to be unsafe or
uninhabitable.
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Cyndi Hardin, AICP
September 20, 1999
Page 20f2
Schedule of Fees
Task A
Beach Facade Evaluation
Personnel
PrincipallPlanner
CADD/Technician
Clerical
Hours
68
16
12
Hourly Rate
$90.00
$50.00
$35.00
Amount
$ 6,120.00
$ 800.00
$ 420.00
Total
$7,340.00
This total does not include reimbursable costs such as copy costs and other reproduction costs.
Should you have any questions concerning this proposal please call me.
Sincerely,
O'Neil Planning & Design Services, Inc.
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. Ann O'Neil Vickstrom, AICP, RLA
President