1998-81
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF CLERMONT
AND
THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Introduction
This Agreement is entered into on the date specified herein by and between the
City of Clennont, Florida (hereinafter referred to as the City) and the East Central
Florida Regional Planning Council, (hereinafter referred to as the ECFRPC). The
purpose of this Agreement is to provide the basis under which the ECFRPC is to
provide technical assistance and continuing planning services to the City.
It is hereby declared to be in the public interest and the purpose of this Agreement
that the City employs the ECFRPC to provide technical assistance and continuing
planning services to the City.
Therefore, the City and ECFRPC agree as follows:
Scope of Work
The ECFRPC will provide staff services to the City for the purposes of providing
technical assistance in matters pertaining to transportation planning and growth
management. These services may be requested in writing by the Mayor of the
City or his designee.
Fee Schedule
A copy of the current fee schedule for labor rates and reimbursable expenses is
included as Attachment A-I. The hourly rates include all direct and indirect costs
except reimbursable expenses. Indirect costs include, but are not limited to,
overhead, administrative support and statutory and customary fringe benefits.
The hourly rates shall not include any travel, printing costs or postage, which will
be billed separately. When travel is required, the City will be charged in
accordance with ECFRPC's travel policy. A maximum fee for a particular project
may be negotiated by the ECFRPC and the City.
Method of Payment .
ECFRPC will invoice the City for all services rendered: Invoices will be
submitted on a monthly basis during the perfonnance of the work. Each invoice
will provide the following information:
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a.
Number of hours worked on the project by each individual along with the
personnel category;
.b.
Total number of hours worked on the project:
c.
Total labor costs;
d.
Listing of reimbursable expenses itemized by charge;
e.
Total reimbursable expenses; and
f.
Total project charges for the invoice period.
Should any additional documentation be required, time and materials spent
compiling information beyond that noted above is considered additional effort and
will be billed to the City in accordance with Attachment A-I, Fee Schedule.
As a member of the ECFRPC, the City will receive a discount on each invoice in
accordance with ECFRPC Administrative Policy No. 96-1. The total discount
will not exceed one-half of the City's membership assessment for each year that
the work is being performed by the ECFRPC.
Standard General Conditions
a.
Payment of Invoices - If the City fails to make any payment due to
ECFRPC for services and expenses within thirty (30) days after receipt of
our invoice, ECFRPC, at its option, may stop work until such payment is
received.
b.
Termination - This amendment may be terminated by either party by
providing a minimum of 30 days written notice. Such written notice shall
be sent by certified mail to the City Manager and the ECFRPC's
Executive Director at the business addresses identified in Paragraph 6.0 of
this agreement. In the event of termination, the ECFRPC will be entitled
to all fees payable up to the date the termination notice is received and the
City will be entitled to all materials produced by the ECFRPC related to
work products for which the ECFRPC has been paid at the time of receipt
of the termination notice.
c.
City Furnished Information - ECFRPC will consider all information
supplied by the City as accurate and correct. Extra work or work which
must be redone as a result of iI!accurate or incorrect information supplied
by the City will be billed to the City as additional Services.
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d.
Ownership of Documents - All documents prepared pursuant to this
Agreement are instruments of service and are the property of the City.
ECFRPC may use the documents produced as part of its metropolitan and
regional planning programs. It is understood that, as a public agency, the
ECFRPC may be asked by members of the public for copies of maps or
other materials produced under this Agreement. Any such copies will be
in the form of paper prints and not as digital or electronic reproductions
unless such copies are authorized in writing by the City and consistent
with applicable laws. Paper prints distributed by the ECFRPC to the
public will be labeled as "Unofficial Copy" or with other notations as may
be directed by the City. ECFRPC will be credited as the preparer of maps
on any distributed prints or digital files.
Additional Services - If authorized in writing by the Project Manager on
behalf of the City, ECFRPC may obtain from others Additional Services
to support or expand the services offered by the ECFRPC toward
achieving the desired work product. The cost for Additional Services
from others shall be billed at their actual cost plus ten percent (10%).
Controlling Law - This Agreement shall be governed by the laws of the
State of Florida and is deemed to have been entered into in Orange
County, Florida.
g.
Oral Agreements - No oral agreement, guarantee, promise, representation,
or warranty will be binding upon either party.
h.
Warranties - ECFRPC will perform these services in a thorough, efficient
and professional manner in accordance with the best standard of practice
of the profession. ECFRPC makes no warranty, expressed or implied, in
connection with its work.
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Supplement or Amendment - For any supplement or amendment to this
agreement to be effective, it shall be in writing and signed by the City and
ECFRPC.
Total Agreement - This Agreement, including attachments incorporated
herein by reference, represents the entire agreement and understanding
between the parties.
Written Correspondence
All written correspondence for this work will be sent to the project managers.
Their respective addresses and telephone numbers are:
ECFRPC:
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Mr. Gregory Golgowski, AICP
Deputy Executive Director
1011 Wymore Road, Suite 105
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. City of Clermont:
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Winter Park, Florida 32789-1797
Voice: (407) 623-1075
Fax: (407) 623-1084
Mr. Lanny Harker, AICP
Director of Planning
City of Clermont
1 Westgate Plaza
Clermont, FL 34711
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed on their behalf by their respective representatives, each such
representative having been first duly authorized so to act, as of the date and year
indicated below with their respective signature.
Dme: December 10,1998
Name.
Tit1e:~ ~ ~ .
Date:~ .
Name:
Harold
Title: Mayor
Witn~:i-~ ~
~ne Saunders
Witnes~
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Attachment A-I
East Central Florida Regional Planning Council
Fee Schedule
July 1, 1998
Personnel Category
Cost per Hour ($)
(S al ary IFrin ge/In direct)
Intern
Administrative Assistant
Planner I
Planner n
Senior Planner/Section Chief
Graphics/GIS Specialist
Transportation Planner
Executive DirectorlProject Manager
13.50
28.00
22.00
29.00
44.00
44.00
57.00
78.00