CONTRACT TO PROVIDE CONSULTING SUPPORT REGARDING THE CITY'S STRATEGIC PLAN0
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CONTRACT
THIS CONTRACT, entered into this day of ���� �2012,
by and between the CITY OF CLEARWATER, a Florida municipal .
corporation, hereinafter referred to as "City, " P.O. Box 4748, Clearwater,
Florida 33758 and Leadership Research Institute (LRI), a California
corporation, hereinafter referred to as "LRI," P.O. Box 675520, Rancho
Sante Fe, CA 92067-5520.
WHEREAS, the City desires to do strategic planning; and
WHEREAS, LRI agrees to provide consulting support to the City regarding
the City's Strategic Plan;
NOW THEREFORE, in consideration of the promises stated herein, the
City and LRI mutually agree as follows:
1. SCOPE OF PROJECT.
LRI agrees to provide strategic planning consulting services under the
terms and conditions described in attached Exhibit "A."
2. TIME OF PERFORMANCE.
This Contract shall commence in June, 2012 and terminate on
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3. COMPENSATION.
The City will pay LRI a sum not to exceed $40,500, inclusive of all reasonable
and necessary direct expenses. The City may, from time to time, require
changes in the scope of the project of LRI to be performed hereunder. Such
changes, including any increase or decrease in the amount of LRI's compensation
and changes in the terms of this Contract which are mutually agreed upon by and
between City and LRI shall be effective when incorporated in written amendment
to this Contract.
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4. METHOD OF PAYMENT.
LRI's invoices shall be submitted to the City for approval for payment on a
basis. The City agrees to pay after approval under the terms of the Florida
Prompt Payment Act F.S. 218.70.
The City's performance and obligation to pay under this Contract is
contingent upon an annual appropriation of the City's budget.
5. NOTICES AND CHANGES OF ADDRESS.
Any notice required or permitted to be given by the provisions of this
Contract shall be conclusively deemed to have been received by a party hereto
on the date it is hand delivered to such party at the address indicated below (or
at such other address as such party shall specify to the other party in writing), or
if sent by registered or certified mail (postage prepaid) on the fifth (5th) business
day after the day on which such notice is mailed and properly addressed.
Leadership Research Institute
lohn Streitmatter
Name
Principal
Title
P.O. Box 675520
Rancho Santa Fe, CA 92067-5520
�
City of Clearwater
William B. Horne, II
Name
City Manager
Title
P.O. Box 4748
Clearwater, Florida 33758
858-756-1199
Telephone #
858-756-3434
Facsimile #
C:
TERMINATION OF CONTRACT.
727-562-4046
Telephone #
727-562-4052
Facsimile #
The City at its sole discretion may terminate this Contract by giving LRI a
ten (10) day written notice of its election to do so and by specifying the effective
date of such termination. LRI shall be paid for its services through the
effective date of such termination. Further, if LRI shall fail to fulfill any of its
obligations hereunder, this Contract shall be in default, the City may terminate
the Contract, and LRI shall be paid only for work completed.
7. INDEMNIFICATION AND INSURANCE.
LRI agrees to comply with all terms, provisions, and requirements
contained in Exhibit "B" attached hereto and made a part hereof as if said
document were fully set forth at length herein.
8. PROPRIETARY MATERIALS.
Upon termination of this Contract, LRI shall transfer, assign and make
available to City or its representatives all property and materials in LRI's
possession belonging to or paid for by the City.
9. INTERESTS OF PARTIES.
LRI covenants that its officers, employees and shareholders have
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no interest and shall not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance andJor provision of
services required under the terms and conditions of this Contract.
10. CONFORMANCE WITH LAWS.
LRI agrees to comply with all applicable federal, state and local laws
during the life of this Contract.
11. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through
attorneys at law, then the parties agree that each party shall bear its own
attorney fees and costs.
12. GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract
as of the date set forth above.
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Ap rov d to form:
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Pam Akin
City Attorney
Attest:
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Print Name: �Q.«_� Gas �
Secretary
CITY OF CLEARWATER, FLORIDA
BY: � • l��^�
William B. Horne II
City Manager
A�OF iHf G/
Attest: ��t,�' %'`
• � `�`!� ��
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Rosemarie Call � �j/ ��
City Clerk ��q / �
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LEADERSHIP RESEARCH INSTITUTE
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L E A D E R S H I p R E S E A R C H I N S T i T U T E
EXHIBIT A
John S#reitmatter
Pri�iri�mT
t mail: p�h�i.�treitmaitcr�t,R[.com
mt�bile: (B13) 7R5-2(w't3
S#ateme� of Work: C'ity of Clsarwater - City Council Strategic Planning Process
June 2012
The Statement of Work (S�W} is between the City af Cfearwa#er and Leadership Research
Institute ("LRI"). This SOW outlines the project scope and estimated fees far LRI ta provide
consulting suppart to the City regarding the City's Strategic Plan. Principal elements will include
working with the City Manager to design the strategic planning fra�nework, cenducting inten►iews
of the Council Members and selected staff and other stakeholders, designing and facilifating
working sessions on the plan, and synthesizing the goals,. strategies, and priori�es into a strategic
p�an.
objectives
• Develop the Strateyic Plan for Clearwater, a oaastal Florida city gorremment
• Develop and articulate a vision and mission for City oi Clearwater Go�emment
� Develop and articulate approxiinately 5 strategic goals for City of Clearwater Govemment
• De�elop and articulate the oE.itcames and results for the care responsibilities of the Cify
• Surface and articulate the mast important strategic changes necessary to achieve the
outcomes and results
Approach
� In conjunction with the City Manager, deterrnine the strabegic framework to be used in the
planning procsss.
• Gather data and input through interoiews a�d surveys (where appropriate} in ad�ance of
group meetings to focus the g�aUp meetings an discussion and problem solving instead of
voicing input Incorporate SWOT frameworfc and specific issues deemed important by the
Council as appropreate.
• Use facilitated working sessians with the Council Membei's to surFace, refine, prioritize, and
problem sah�e the issues and gain agreement on future direction and the Strategic Plan
elements.
Project Elements
Qesign the planning framework ....................................................................... not to exceed �3,000
• Review past City strategic planning effarts a�d plans for context and best pracaces
• fn conjunction with the City Manager artd his team, design and develop a framework for the
strategic plan to ensure consistent data capture across stakeholder graups
Data gathering ................................................................................................. not to exceed $9,QU0
• Conduct interviews with each Caunci! hAember to gather input an key priorities, issues, and
future direction. Incorporate SWOT framework assessment as wel!
• Expect to condud at least two, 90 minute interviews with each Council Member
• Conduct interviews with othe� important stakeh�lders as determined by the Council and City
Manager
• If necessary, design and implement a survey based process to gather feedback from a larger
number of stakeholders
Working sessions ........................................................................................... not ta exc�ed $22,50a
• In conjunction wi#h the Ciry Manager, design working session(s} during which the Cou�cil wili:
LR! 5tatenlerrt of Wc�rlc
• Consider stakehaider input
• Discuss the input, share their perspectives, and generate ideas
• Determine key strategies, prforities, goals, and actions ta be taken by the Cit�r
• In generaf, cost for each sessian induding preparation, in session facilitation, and real time
record capture is $4,500.
Prnduce the Strategic Plan .............................................................................. not to exceed $6,OQQ
• Synthesize results of working session(s) and planning proc�ss into a Strategic Plan Document
• Review with Council, City StafF, and other stafcefialders as appropria#e and directed by the City
Manager.
Estimated Professional Fees:
Designing the planning framework .................................................................. not to exceed $3,000
Data gathering ................................................................................................. not to eacceed $9,000
Working sessions ........................................................................................... not to exceed $22,500
Strategic Pfan p�oduction ......................................................................._......... r�ot to exceed $6,000
Total .............................................._................................................................ noi ta exceed $40,5Q0
Prior to exceeding any of the estimated fees or dura�ons outfined for this ptoject, LRI will confer
with the City Manager for approval to proceed.
In the interest of transparency, our pridng methodobgy is based on our daily rate of $4.5k.
Based on the current budget challenges of local govemment in Florida, we will discount our rate
to $3k per day for this work. The estimates above use the discounted rate.
Any iracidental expenses incurred, suc:h as travel, will simply be }�assed through to the City "at
C05t°.
Quesdons regatding this project scope and estimate should be forwarded to
John.Streitmatter. LRl�gmail.com
Aaceptance ! Authorization:
Leadership Research Institute:
City of Clearwater
l�`7�;�`�"' J
Narne: ............................. Name: ................................................................
Name (Printj: John Streitmatter .......................... Name: (Print): .....................................Bill Home
T�le: Principal .....................................................Title� ..........._..._..............................City Man�ger
Date: June, 2a12 ................................................. Date: ................................_................ June 2012
LRl Stafernrrrt af Wprk 2
Exhibit B
CITY OF CLEARWATER-RISK MANAGEMENT
INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS
STATEMENT OF PURPOSE: The City of Clearwater enters into agreements and contracts for
services and/or products with other parties.
Agreements and contracts shall contain Risk Management/Insurance terms to protect the City's
interest and to minimize its potential liabilities. Whenever applicable, the following terms shall
be included in agreements and contracts.
CITY DEFINED: The term "City" (whenever it may appear in this Exhibit) is defined to mean the
City of Clearwater itself, its Council, the Community Redevelopment Agency of the City of
Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida
Statute, its duly appointed officers, or other public bodies, officers, employees, volunteers,
representatives and agents.
OTHER PARTY DEFINED: The term "Other Party" (whenever it may appear in this Exhibit) is
defined to mean the other person or entity which is a party to an agreement or contract with
the City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents,
contractors, and subcontractors.
HOLD HARMLESS DEFINED: The term "Hold Harmless" (whenever it may appear in this Exhibit)
is defined to mean the City shall be held harmless against all claims for bodily injury, personal
injury, sickness, disease, death or damage to property or loss of use resulting there from, or
arising out of, the agreement or contract unless such claims are a result of the City's sole
negligence.
PAYMENT ON BEHALF OF CITY DEFINED: The term "Payment on Behalf of City" (whenever it
may appear in this Exhibit) is defined to mean the Other Party agrees to pay on behalf of the
City, and to pay the cost of the City's legal defense, as may be selected by the City, for claims or
suits arising from the fault of the Other Party or other persons employed or utilized by the
Other Party in performance of the contract. Such payment on behalf of the City shall be in
addition to any and all other legal remedies available to the City and shall not be considered to
be the Cit�s exclusive remedy.
INSURANCE: The Other Party shall, at its own cost and expense, acquire and maintain (and
cause contractors and subcontractors, if utilized, to acquire and maintain) during the term with
the City, sufficient insurance to adequately protect the respective interest of the parties.
Specifically the Other Party must carry the following minimum types and amounts of insurance
on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence
basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail
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Ciry of Clearwater
01/01/2012
following the termination or expiration of the Agreement. These insurance requirements shall
not limit the liability of the Other Party. The City does not represent that these types or
amounts of insurance to be sufficient or adequate to protect the Other Part�s interests or
liabilities, but are merely minimums:
1. COMMERCIAL GENERAL LIABILITY: $1,000,000 per occurrence, including but not
limited to, bodily injury, personal injury, property damage, premises-operations,
products/completed operations, contractual liability, independent contractors, and
liability assumed under an insured contract. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. AUTOMOBILE LIABILITY: $1,000,000 per accident combined single limit, for bodily
injury and property damage for any owned, non-owned, hired, or borrowed
automobile.
3. WORKERS' COMPENSATION: Other Party will obtain and maintain during the life of
this contract, Workers' Compensation insurance in accordance with the laws of the
State of Florida, for all of Other Party's employees employed at the site of the
project. Coverage should include Voluntary Compensation and U.S. Longshoremen's
and Harbor Worker's Act coverage where applicable.
4. EMPIOYER'S LIABILITY: $100,000 each employee, each accident, and $100,000
each employee/$500,000 policy limit for disease, and which meets all state and
federal laws. Coverage must be applicable to employees, contractors, and
subcontractors, if any.
ACCEPTABILIT1( OF INSURERS: Insurance must be placed with insurers with a current A.M.
Best's rating of no less than A-VII.
DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductibles or self-insured retentions
must be declared to and approved by the City. The City may require the Other Party to provide
proof of ability to pay losses and related investigations, claim administration, and defense
expenses within the retention.
ADDITIONAL INSURED: The City is to be specifically included as an additional insured on all
liability coverage described above except for the Workers' Compensation and Professional
Liability coverage's.
OTHER INSURANCE PROVISIONS: The Genera) Liability and Automobile Liability policies are to
contain, or be endorsed to contain, the following provisions:
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City of Clearwater
01/01/2012
1. PRIMARY INSURANCE COVERAGE: For any claims related to this Agreement, the
Other Party's insurance coverage shall be primary insurance as respects the City, its
officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers shall be excess
of the Other Party's insurance and shall not contribute to it.
2. RIGHT OF RECOVERY: Except for Workers' Compensation, the Other Party waives its
right of recovery against the City, to the extent permitted by its insurance policies.
3. SEVERABILITY OF INTEREST/CROSS LIABILITY PROVISION: The Other Party shal)
request that its insurers' policies include or be endorsed to include a Severability of
Interest/Cross Liability provision so the City will be treated as if a separate policy
were in existence without increasing the policy limits.
4. HOLD HARMLESS/INDEMNIFICATION: The Other Party shall defend, indemnify,
save and hold the City harmless from any and all claims, suits, judgments and liability
for death, personal injury, bodily injury, or property damage arising directly or
indirectly from any performance under the Agreement, or a subsequent purchase
order or contract entered into by City and Other Party, its employees,
subcontractors, or assigns, including legal fees, court costs, or other legal expenses.
Other Party acknowledges that it is solely responsible for complying with the terms
of the Agreement or a purchase order or contract arising out of the Agreement.
5. NOTICE OF CANCELLATION OR RESTRICTION: Each insurance policy required by this
clause shall be endorsed to state that coverage shall not be canceled by either party,
except after thirty (30) days prior written notice sent via certified mail, return
receipt requested, has been given to the City. It is the Other Part�s responsibility to
ensure the notice requirement is met.
CERTIFICATE OF INSURANCE/CERTIFIED COPIES OF POLICIES: The Other Party, if selected, will
provide the City with a Certificate or Certificates of Insurance showing the existence of
coverage as required by the Agreement. In addition, the Other Party will provide to the City, if
asked in writing, certified copies of all policies of insurance. The Other Party will maintain the
required coverage with a current Certificate or Certificates of Insurance throughout the term of
the Agreement with the City. New certificates and new certified copies of policies shall be
provided to the City whenever any policy is renewed, revised, or obtained from other insurers.
The address where such certificates and certified policies shall be sent or delivered is as follows:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, FL 33758-4748
City of Clearwater
01/01/2012
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SUBCONTRACTORS: Other Party shall require and verify all subcontractors, if used, maintain
insurance, including Workers' Compensation insurance, subject to all of the requirements
stated herein prior to beginning work.
PROFESSIONAL LIABILITY. MALPRACTICE AND/OR ERRORS OR OMISSIONS: If checked below
the City requires the following terms and types of insurance for professional, malpractice, and
errors or omissions liability.
_X_ HOLD HARMLESS: The following replaces the previous Hold Harmless wording:
The City shall be held harmless against all claims for bodily injury, sickness, disease,
death or personal injury or damage to property or loss of use resulting there from
arising out of performance of the agreement or contract, unless such claims are a result
of the City's own negligence.
The City shall also be held harmless against all claims for financial loss with respect to
the provision of or failure to provide professional or other services resulting in
professional, malpractice, or errors or omissions liability arising out of performance of
the agreement or contract, unless such claims are a result of the City's own negligence.
_X_ PROFESSIONAL LIABILITY/MALPRACTICE/ERRORS OR OMISSIONS INSURANCE: The
Other Party shall purchase and maintain professional liability or malpractice or errors or
omissions insurance appropriate for the type of business engaged in by the Other Party
with minimum limits of $1,000,000 per occurrence.
If a claims made form of coverage is provided, the retroactive date of coverage shall be
no later than the inception date of claims made coverage, unless prior policy was
extended indefinitely to cover prior acts.
Coverage shall be extended beyond the policy year either by a supplemental extended
reporting period (ERP) of as great a duration as available, and with no less coverage and
with reinstated aggregate limits, or by requiring that nay new policy provide a
retroactive date no later than the inception date of claims made coverage.
WRITTEN AGREEMENT/CONTRACT: Any party providing services or products to the City will be
expected to enter into a written agreement, contract or purchase order with the City that
inco�porates, either in writing or by reference, all of the pertinent provisions relating to
insurance and insurance requirements as contained herein. A failure to do so may, at the sole
discretion of the City, disqualify any Party from performing services or selling products to the
City provided, however, the City reserves the right to waive any such requirements.
City of Clearwater
01/01/2012
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