CONSULTING SERVICES - CLEVELAND STREET STREETSCAPE IMPROVEMENT PROJECT - CSSIP
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CONSULTING SERVICES AGREEMENT
This AGREEMENT made this ?-'J>- day of September 1999, by and between the City
of Clearwater, Florida (City), P. O. Box 4748, Clearwater Florida 33758, and Phil Graham &
Company, P.A., (Consultant), a Florida corporation, 436 Second Street North, St. Petersburg,
Florida 33701.
WHEREAS, City desires to have Consultant provide consulting services for the
Cleveland Street Streetscape Improvement Project (CSSIP) ;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 landscape architectural
consulting services in the time and manner determined by the City Project Manager. These
services include, but are not limited to, . project design review and recommendations, review of
materials such as plants, trees and hardscape such as pavers, review and recommendations of
street furniture, and development of alternative design(s).
2. TIME OF PERFORMANCE. All services must be completed within one (1) year
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
$5,000.00, 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.
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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.
6. CONTACTS FOR RESPONSIBILITY. Phil Graham 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.
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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
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 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.
CLEARWATER, FLORIDA
By:
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Approved as to form:
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John Carassas, Asst. City Attorney
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