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PROFESSIONAL SERVICES CONTRACT TO PROVIDE RECOMMENDATIONS FOR THE EAST GATEWAY FIVE YEAR PLAN CONTRACT THIS CONTRACT, entered into this 24th day of July, 2006, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as "City, " P.O. Box 4748, Clearwater, Florida 33758 and ALC Development Group, LLC, a Florida corporation, hereinafter referred to as "ALC," P.O. Box 1124, Crystal Beach, FL 34681 WHEREAS, the City requested professional services to provide the City of Clearwater with recommendations for the East Gateway Five Year Plan; and WHEREAS, ALC agrees to identify neighborhood and business leaders, unify the neighborhood for general discussions regarding existing problems and possible solutions, enlist the business leaders to create idea forums with the overall objective to create a sense of ownership within the community that is solutions based. NOW THEREFORE, in consideration of the promises stated herein, the City and ALC mutually agree as follows: 1. SCOPE OF PROJECT. ALC agrees to provide professional services under the terms and conditions described in attached Exhibit "A." 2. TIME OF PERFORMANCE. This Contract shall commence on July 24, 2006 and terminate on March 31, 2007. 3. COMPENSATION. The City will pay ALC a sum not to exceed $20,000, inclusive of all reasonable and necessary direct expenses. The City may, from time to time, require changes in the scope of the project of ALC to be performed hereunder. Such changes, including any increase or decrease in the amount of ALC's compensation and changes in the terms of this Contract which are mutually agreed upon by and between City and ALC shall be effective when incorporated in written amendment to this Contract. 4. METHOD OF PAYMENT. ALC's invoices shall be submitted to the City for approval for payment on a monthly basis for a total of six (6) payments. The City will withhold the last payment until final report is accepted. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218. 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. ALC Development, LLC Awilda Lopez-Cepero President City of Clearwater Geraldine Campos Director, Economic Development Housing Page 2 of 5 P.O. Box 1124 Crystal Beach, FL 34681 Telephone: 727-453-7230 Facsimile: 727-453-7222 P.O. Box 4748 Clearwater, Florida 33758 Telephone: 727-562-4023 Facsimile: 727-562-4075 6. TERMINATION OF CONTRACT. The City at its sole discretion may terminate this Contract by giving ALC a ten (10) day written notice of its election to do so and by specifying the effective date of such termination. ALC shall be paid for its services through the effective date of such termination. Further, if ALC shall fail to fulfill any of its obligations hereunder, this Contract shall be in default, the City may terminate the Contract, and ALC shall be paid fair and reasonable charges for its services through the effective date of such termination as determined by the City in its discretion. 7. INDEMNIFICATION AND INSURANCE. ALC shall protect, defend, indemnify, save and hold harmless City against and from any and all claims, including demands, fines, suits, sections, proceedings, orders, decrees and judgments of any kind or nature by or in favor of, anyone whomsoever, and against and from any and all costs, damages and expenses, including attorney's fees, resulting from, or in connection with, loss of life, bodily or personal injury or property damages arising, directly or indirectly from performance related to or as a result of fulfillment of the terms of this Agreement or by any act or omission of ALC or any employees, agents, or contractors of ALC. Such indemnification shall include damages or injuries which Page 3 of 5 ALC representatives, employees, agents or contractors may Incur In the performance of this Agreement. 8. PROPRIETARY MATERIALS. Upon termination of this Contract, ALC shall transfer, assign and make available to City or its representatives all property and materials in ALC's possession belonging to or paid for by the City. 9. INTERESTS OF PARTIES. ALC 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 and/or provision of services required under the terms and conditions of this Contract. 10. CONFORMANCE WITH LAWS. ALC 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, except to the extent of the indemnification as provided for in paragraph 7. Page 4 of 5 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. CITY OF LEARWATER, FLORIDA By: :13.~ Wi liam B. Horne, II City Manager Counters' gned: : _ / ~ L J ~r/~ nk V. Hibpard - Mayor Attest: Geraldine Campos Director ~. By: ent, LLC J -g aura Lipows Assistant City Attorney Attest: Print Name: Secretary , . , cr' R VI...L '2. - t...A I~u I Page 5 of 5 Exhibit "A" Scope of Services Part A: Background Review and Outreach Strategy (6 weeks) 1. Review current data available to the city: A. Downtown Clearwater Redevelopment Plan and Findings of Necessity Study B. Employment/Business Base Data C. Demographics 2. Identify both business and neighborhood leaders in the community; conduct interviews and meet with key resources in order to develop an outreach strategy to gather input. Part B: Business and Resident Input Gathering Process (14 weeks) 3. Help establish relationship between the East Gateway businesses and the Economic Development and Housing Department including developing contacts with the new Merchants Association (assist in forming the Merchants Association if it has not already happened). 4. Identify current business needs and opportunities (including but not limited to: infrastructure, government assistance, connections to other business resources, etc). 5. Work with City to gather public input (resident)/needs on infrastructure, amenities and services. This will be done through one-on-one meetings, focus groups, and/or advertised public meetings. 6. Identify ways to build neighborhood/business identity. Part C: Recommendations in Final Report (4 weeks) 7. Make recommendations for the development of the city's five-year work program including potential new programs for assisting businesses, attracting new businesses and making general improvements to the area. Deliverables · Monthly report on progress-including summary of meetings and analysis · Attend monthly East Gateway Task Force and Steering Committee meetings as requested; present final recommendations to CRA Board · Develop community-building and outreach strategy · Facilitate focus groups and public meetings . Final report on recommendations and next steps Invoices · Submitted on a monthly basis with monthly report on progress Unitrin Direct Auto Insurance Page 1 of 1 UN ITR I N direct~ . ~ ~Wff~nnoo The Right Ch To speak to a service agent, call 1-800-437-8394 or~mClil Cust9m~L~_E'lryL<;;E'l Name: Email: Address: Awilda Lopez Cepero AWILDALC@HOTMAIL.COM 400 Georgia Ave Po Box 1124 Crystal Beach, FL 34681 Policy No: Term: Phone: 1128310 3/20/2006 - No day num (813) 240-31 Total 12 Month Cost for Policy: $1,294.00 Policy Summary Driver Summary Vehicle Summary Coverage Summary Company Information Coverage Information: Drivers: AWILDA LOPEZ CEPERO Policy Transactions Billing and Payment Center Policy Documents Personal Settings Return to Homepage Coverage Name LimitslDeductibles Bodily Injury Liability Property Damage Liability Personal Injury Protection $100,000 per person / $300,000 per act $50,000 $10,000 Includes Accidental Death benefits up to $5,000 ......m..... 'II Log Out Uninsured Motorist (UM) Non-Stacked Vehicle 1: SAAB 9-5ARC3.0T $10,000 per person / $20,000 per accid Other Than Collision Actual Cash Value less deductibles: $5( Full Windshield Glass Collision Actual Cash Value less deductibles: $5( Per day/Maximum: $30/$900 Optional Transportation Expenses Home I Shop I Policy Service I Payment Center I Education Center I FAQs I Cia Security I Disclaimers I Careers I Link to Us I Site Map I About Unitrin Direct I ( @ 1998-2006 Unitrin Direct Auto Insurance. All Rights Reserved. https ://www.unitrindirect.com/policy .asp?qqq= {C9C6154C-C94 7 -4F 12-B 7 63-E84 BBE59... 8/29/2006