PROFESSIONAL SERVICES TO DEVELOP FACADE IMPROVEMENT GRANT GUIDELINES
CONTRACT
THIS CONTRACT, entered into this 2nd day of April, 2007, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, a Florida Redevelopment Agency, hereinafter referred to as
"CRA," P.O. Box 4748, Clearwater, Florida 33758-4748 and Swan Development
Advisors, Inc., a Florida corporation, hereinafter referred to as "Swan," P.O. Box
2097, Lakeland, Florida 33806-2097.
WHEREAS, the CRA requested professional services to develop
Fa<;ade Improvement Grant Guidelines for several blocks of the City's
Business District.
NOW THEREFORE, CRA and Swan do hereby incorporate all terms and
conditions in Exhibit "A" attached hereto, and mutually agree as follows:
1. SCOPE OF PROJECT.
Swan agrees to provide professional services under the terms and
conditions described in Exhibit "A."
2. TIME OF PERFORMANCE.
This Contract shall commence on April 2,2007 and terminate on October
31,2007.
3. COMPENSATION.
The CRA will pay Swan a sum not to exceed $19,000, inclusive of all
reasonable and necessary direct expenses. The CRA may, from time to time,
require changes in the scope of the project of Swan to be performed hereunder.
Such changes, including any increase or decrease in the amount of Swan's
compensation and changes in the terms of this Contract which are mutually
agreed upon by and between CRA and Swan shall be effective when
incorporated in written amendment to this Contract.
4. METHOD OF PAYMENT.
Swan's invoices shall be submitted to the CRA for approval for payment
on a monthly basis. The CRA agrees to pay after approval under the terms of
the Florida Prompt Payment Act F.S. 218.70.
The CRA's performance and obligation to pay under this Contract is
contingent upon an annual appropriation of the CRA'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.
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Swan Development Advisors, Inc.
Bruce Lyon
President
P.O. Box 2097
Lakeland, FL 33806
Telephone: 863-802-9490
Facsimile: 863-802-9630
CRA of Clearwater
Rod Irwin
CRA Executive Director
P.O. Box 4748
Clearwater, Florida 33758
Telephone :727-562-4058
Facsimile: 727-562-4052
6. TERMINATION OF CONTRACT.
The CRA at its sole discretion may terminate this Contract by giving Swan
ten (10) days written notice of its election to do so and by specifying the effective
date of such termination. Swan shall be paid for its services through the effective
date of such termination. Further, if Swan shall fail to fulfill any of its obligations
hereunder, this Contract shall be in default, the CRA may terminate the Contract,
and Swan shall be paid only for work completed.
7. INDEMNIFICATION AND INSURANCE.
Swan agrees to protect, defend, indemnify and hold CRA 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 Swan 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 Swan shall procure and maintain
during the life of this Agreement professional liability insurance. This provision
shall survive the termination of this Agreement. Swan agrees to comply with all
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terms, provisions, and requirements contained in Exhibit liB" 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, Swan shall transfer, assign and make
available to CRA or its representatives all property and materials in Swan's
possession belonging to or paid for by the CRA.
9. INTERESTS OF PARTIES.
Swan 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.
Swan 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract
as of the date set forth above.
uk
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF
CLEARWATER, FLORIDA
By: -1~K~
<-fu(nk V. Hibbard
Chairperson
Rod Irwin
Executive Director
Approved as to form:
~1. Akin
City Attorney
Attest:
-
"-
'-
STATE OF FLORIDA
COUNTY OF PINELLAS
SWAN DEVELOPMENT ADVISORS, INC.
Attest:
eLk, - B~~
Print NanM C/+f!./~ J ()~<;~N Br e Lyon
Secretary President
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EXHIBIT A
Scope of Work
Fa~ade Improvement Program
City of Clearwater, Community Redevelopment Agency
Fa~ade Improvement Program
Goals
1) To design a Fa9ade Improvement Program that will lead to the implementation ofthe fa9ade
plan recommendations incorporated in the report and which will be user-friendly to business
and property owner applicants
2) Develop program easy for staff to manage and encourage participation by business and
property owners
3) Develop amendments to Sidewalk Cafe Ordinance necessary to maximize achievement of
"Cafe Society" concept
4) Prepare draft RFQ for Fa9ade Improvement Program Architectural Service.
1.0 Project Initiation
1.1 Kick Off Meeting with Key Municipal Staff
1.1.1 Review Data and Report Needs
1.1.2 Review Timeframes, Meetings, Tasks, and Deliverables
1.1.3 Discuss how stakeholder meetings will be coordinated
1.1.4 Obtain Stakeholder Contact Information from City of Clearwater in Excel
1.1.5 Obtain Business and Property Data from City of Clearwater in Excel
1.1.5.1 List of businesses in the target area with Address and Contact Data
1.1.5.2 List of properties in the target area with real estate data from Pinellas
County Property Appraiser
1.2 Obtain Existing Studies:
1.2.1 Downtown Redevelopment Plan, (Chapter 3A, Downtown Design Guidelines)
1.2.2 Existing Fa~ade Improvement Program
1.2.3 Cleveland Street Fa~ade Design Analysis, "A New Image As A Catalyst For A
Rejuvenated Downtown"
1.2.4 Cleveland Street Streetscape Program Images
1.2.5 Sidewalk Cafe Ordinance No. 7063-03
1.3 Stakeholder Interviews (10 maximum. Meetings will be combined into focus groups, where
possible and appropriate):
1.3.1 Property owners within the designated area
1.3.2 Business owners within the designated area
1.3.3 City of Clearwater staff including CRA, Planning and other appropriate parties
1.4 Contact Database
1.4.1 City Staff
1.4.1.1 Fa~ade Program Managers
1.4.1.2 Key Staff Members
1.4.2 Stakeholders (property and business owners)
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2.0 Fieldwork and Data Gathering
2.1 Field Work
2.1.1 One Full Day Visit to Study Area by Consultant Team (accompanied by a City
representative, as needed)
2.1.1.1 Visit all portions of study area
2.1.1.2 Meet with business and property owners where available
2.2 Digital Data
2.2.1 Obtain digital data from City
2.2.1.1 Existing Reports to be provided electronically
2.2.1.2 Take before pictures
2.2.2 Enter data into VillageManager.net
3.0 Data Analysis and Research
3.1 Review Existing Studies
3.1.1 Downtown Redevelopment Plan, (Chapter 3A, Downtown Design Guidelines)
3.1.2 Existing Fa~ade Improvement Program
3.1.3 Cleveland Street Fa~ade Design Analysis, "A New Image As A Catalyst For A
Rejuvenated Downtown"
3.1.4 Cleveland Street Streetscape Program Images
3.1.5 Sidewalk Cafe Ordinance No. 7063-03
3.1.6 Existing Conditions
3.2 Interview Business and Property Owners
3.2.1 Identify and Prioritize needs and desires regarding the fa~ade improvements
3.2.2 Identify and Prioritize needs and desires regarding the fa~ade program
3.2.3 Determine level of interest to participate in a program
3.2.4 Determine timing of potential participation in the program
3.3 Interview City Staff
3.3.1 Document internal processes for previous program
3.3.2 Determine the potential to 'streamline" processes
4.0 Architect RFQ
4.1 Develop a Draft RFQ
4.1.1 Develop a draft Introduction, Program Description, Schedule, and Scoring Criteria
for an RFQ
4.1.2 One meeting with staff to review and amend as needed.
5.0 Sidewalk Cafe Ordinance
5.1 Develop written recommendations for changes
5.2 One meeting with staff to discuss and amend recommendations as needed
6.0 Program Guidelines
6.1 Prepare for staff review
6.2 Meet with staff for comments (include staff meeting to refine drafts submitted)
6.3 Send draft
6.4 Prepare final
6.5 Present to CRA/or be present at meeting program adoption by CRA
7.0 Deliverables
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7.1 Deliverables
7.1.1 Fa<;:ade Improvement Program Guidelines
7.1.2 Fa<;:ade Improvement Program Application and Supporting Explanatory Materials
7.1.3 Fa<;:ade Improvement Program Brochure text
7.1.4 Sample contract for Fa<;:ade Improvement Program participants
7.1.5 Design Assistance Program Guideline recommendations
7.1.6 Design Assistance Application and Supporting Explanatory Materials
7.1.7 Sample Design Assistance Program Brochure text
7.1.8 Sample contract for Design Assistance Program participants
7.1.9 VillageManager.net account
7.1.1 0 Recommended amendments to Sidewalk Cafe Ordinance
(Items 7.1.5 - 7.1.8 will be provided in draft form to allow for editing after the selection of
architects)
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