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INTERLOCAL AGREEMENT TO PROVIDE PROFESSIONAL AND TECHNICAL STAFF PLANNING SERVICES INTERLOCAL AGREEMENT FOR PLA1"~rrNG SERVICES WITH THE CITY OF CLEARWATER AN AGREEMENT FOR THE PROVISION OF PLANNING SERVICES BY THE PINELLAS PLANNING COUNCIL TO LOCAL GOVERNMENT AS SET FORTH IN THE SCOPE OF SERVICES AND ACCORDING TO THE PAYMENT AND RATE CHARGE SCHEDULE SET FORTH HEREIN. THIS INTERLOCAL AGREEMENT FOR PLANNING SERVlCES, hereinafter referred to as "Agreement," is made and entered into by and between the PINELLAS COUNTY PLANNING COUNCIL, hereinafter referred to as the "Council" and the CITY OF CLEAR WATER, hereinafter refened to as the "Local Govemment" . . "WHEREAS, the Local Government desires to engage the Council to provide staff planning services; and \VHEREAS, the Council has the capability to provide professional and technical staff planning services, and the Local Government desires to engage the Council to provide such staff planning services; and \VHEREAS, the Council and the Local Government desire to cooperate in this effort to maximize efficiency and minimize costs; NOW THEREFORE, in consideration of the covenants made by each party to the other and of the advantages to be realized by this Agreement, the Council and Local Govemment agree as follows: Section 1. Authority. This Agreement is entered into pursuant to the general authOlity of Section 163.01, FlOlida Statutes, relating to interlocal agreements and the specific authority of Sections 5(3) and 5(6) of Chapter 88- 464, Laws of Florida, as amended. Section 2. Term. The term of this Agreement shall be from March 1, 2005, through September 30,2007; which term may be renewed by mutual written agreement, signed by both parties, for one additional three year period through September 30, 2010, unless terminated as provided for elsewhere in this Agreement. Section 3. Scope of Services. A. The substance of this Agreement is as provided in Exhibit A, Scope of Services, attached hereto and hereby made a part of this Agreement. B, Any assistance provided or project undertaken as provided for in the Scope of Services may, at the discretion of Council staff and the Local Govemment, be more specifically detailed as to methodology, schedule, work product, and cost in a memorandum of understanding executed consistent with and pursuant to this Agreement. C. Responsibility for the correctness of information provided to the Council for use ill rendering planning services under this Agreement lies with the Local Government. Section 4. Charges. A. Payment and charges for services rendered under this Agreement shall be as provided for in Exhibit B, Payment and Rate Charge Schedule, attached hereto and hereby made a part of this Agreement. B. Ongoing planning servic-es or special projects will be charged as a lump sum or on a time and material basis as mutually agreed by the Local Govemment and Council staff in accordance with the terms of this Agreement. C. The Local govemment agrees to make payment to the Council for all properly invoiced requisitions as set forth in Exhibit B, within forty-five (45) days of submission. D. The fee schedule may be revised by mutual written consent, signed by both palties, and included as an addendum to this Agreement. Section 5. Use of Product. A. The Local Government shall have the exclusive control of the public distribution of all infOlmation produced by the Council prior to its adoption. The Council shall not distribute infOlmation prior to its adoption by the Local Govemment without prior approval. However, nothing contained herein shall prohibit the Council from complying with a valid and properly submitted public records request. B. Once adopted by the Local Government, the Council and the Local Government have the right to distribute information upon request from the public. C. The Council has the right to use any illformation produced under this Agreement for similar purposes upon removing all reference to the Local Government. Section 6. Accounting and Records. A. The Council shall establish an accounting process to identifY the costs and revenues associated with the Agreement. All accounting documentation shall be available for inspection, upon request, by the Local Government at illiY tUlle dlli":wg the period of this Agreement and for a minimum of three (3) years after payment is made. B. All charged costs shall be supported by the properly executed payroll, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propliety of the charges. Section 7. Notice. A. Notice by either party to the other pursuant to this Agreement shall be given in writing and hand delivered or mailed as follows: Council: Pinellas County Planning Council Attn: David P. Healey, Executive Director 600 Cleveland Street, Suite 850 Clearwater, Florida 33755 Local Government: City of Clearwater Attn: Cynthia E. Goudeau, City Clerk 112 South Osceola Avenue Clearwater, Florida 33758-4748 Section 8. Construction. A. This Agreement shall be construed as an expression of inter-agency cooperation enabling each party to make the most efficient use of its powers in furtherance of the respective and common objectives. However, this Agreement shall not be construed as delegating or authorizing the delegation of the constitutional or statutory duties of either pariy to the other. Section. 9. Termination. A. This Agreement may be terminated by either party at any time by giving the other party not less than thirty (30) days notice of such termination, In the event this telmination provision is exercised by either party, the Local Government shall remain liable to the Council for charges incurred up to such termination. Section 10. Filing; Effective Date. As required by Section 163.0 I (11), Florida Statutes, this Agreement shall be filed with the Clerk of the Circuit COUli of Pinellas County, FIOlida, after execution by the pariies, arld shall take effect upon execution of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective March 1, 2005. PINELLAS PLANNING COUNCIL Attest: By: ~~~/ David P. Healey, AlCP Executive Director By: ~t0~~ Councilmember Bill Foster Challman By: 1 Wbite Cole anaging Senior Assistant County Attome Approved as to form: LOCAL GOVERNMENT Attest: SEE ATTACHED SIGNATURE PAGE By: Cynthia E. Goudeau City Clerk By: Frank Hibbard Mayor By: William B. Horne II City Manager Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective March 1,2005. PINELLAS PLANNING COUNCIL Attest: SEE ATTACHED SIGNATURE PAGE By: David p, Healey, AICP Executive Director By: Councilmember Bill Foster Chairman Approved as to form: By: Jewel White Cole By: Mayor Jerry Beverland Managing Senior Assistant County Attorney Secretary LOCAL GOVERNMENT Countersigned: CITY OF CLEARWATER, FLORIDA 4'-~/~ V, Hibbard Mayor By: ~-g~-:rr. William B, Home II City Manager Approved as to form: Attest: ~~~. ~.. Cyntltia E. Goudeau City Clerk 4 EXHIBIT A SCOPE OF SERVICES I. Ongoing Planning Assistat1Ce A, The Council agrees to consider requests by the City of Clearwater for ongoing planning assistance, and to provide such assistance as Council staff time and schedule permit. B. Ongoing planning assistance may include, but is not limited to, reVIew and interpretation of the comprehensive plan and land development regulations, comprehensive plan and land development regulation amendments, and assistance with applications for development approval, as determined to be consistent with the mission and role of the Council. II. Special Planning Proiects A. The Council agrees to consider requests by the City of Clearwater for assistance with special planning projects, and to provide such assistance as Council staff time and schedule permit. B. Special planning projects may include, but are not limited to, comprehensive plan or land development regulation revisions, neighborhood or special area plans, special planning studies and such other special projects as may be related to or in furtherance of the comprehensive planning process, as determined to be consistent with the mission and role of the Council. EXHIBIT B PAYMENT AND RATE CHARGE SCHEDULE I. Ongoing Planning Assistance The Council shall requisition by invoice for ongoing planning assistance on a time and materials basis as follows: A. Materials - at the cost to the Council B. Time - based on the following hourly rates: 1. 2. 3. 4. 5. Planning Administrator Principal Planner Program Planner Planner Office Specialist $72.00/hr $65.00/hr $45.00/hr $35.00/hr $28.00/hr II, Special Planning Proiects The Council shall requisition by invoice for special planning projects in the amount and according to a schedule agreed upon in advance between the City of CleaIwater and the Council staff for each such special project. I:\USERS\ WPDOCS\Cities\AGREEMNTlINTERLOOClealwater New to 2007.doc