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1477 - CCNA Contract RFQ 10/11-06-SMW GeoSciences, Inclq�j j lot — 1877 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk/ Mayor RE: CCNA CONTRACT RFQ 10/11 -06 — SMW GeoS©ences, Inc The item(s) noted below islare attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution ® Mayor's signature ❑ Recording endering C)) Safe keeping (Vault) Payment Bond City Manager Signature City Clerk Attest/Signature Once completed, please: ® Return originals to Purchasing ❑ Return copies El Special Instructions: Marisol Ordofiez m 1 m I 13- bate TADept_forms\City Clerk Tiansminal Memo - 2009.doe Contract/Agreement Name: CCNA CONTRACT RFQ 10/11 -06 SMW Geo Sciences Inc. Approval: asing M er Date Finance hector Attorney Date Date City Of Sanford Agreement With SMW GeoSciences, Inc. For The Provision Of Professional Services This Agreement is made and entered into on the dates set forth below by and between the: City of Sanford, whose address is 300 North Park Avenue; Sanford, Florida 32771; a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "City," and SMW Geosciences, Inc. a corporation authorized to do business in the State of Florida, whose address is 668 N Orlando Avenue Ste 1009A, Maitland, FL 32751, sometimeshereinafter referred to as the "Consultant ". The City and the Consultant are collectively referred to herein as the "parties ". Witnesseth: Whereas, the City desires to retain the Consultant for the work identified in various Work Orders for various and diverse projects of the City relative to the provision of Water Supply(hydrogeologic) Professional Consulting Services; and Whereas, the Consultant hereby warrants and represents to the City that it is competent and otherwise able to provide professional and high quality services to the City; and Whereas, the Consultant hereby warrants and represents to the City that it is ready, willing and able to provide services for projects requiring the provision of Water Supply(hydrogeologic) Professional Consulting Services in order to meet the needs and requirements of the City with regard to those matters and related work; and Whereas, the references to the provisions of services to the City may include the provision of goods and the term "Work Order' shall include the term "Purchase Order" herein when the context and actions of the parties so require; and Whereas, this Agreement is subject to the provisions of the Consultants Competitive Negotiations Act and shall be guided and regulated by that controlling State law in every respect and in every nature, Now, Therefore, in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto as follows: Section 1: Definitions. Ad valorem - In proportion to the estimated value of the goods taxed. Agreement — This document and all subsequent work orders or related contractual Pagel of 24 documents between the City and Consultant. Billing Period — The period of time between project commencement to the close of the current period, (inclusive); or from the close of the previous billing period, (exclusive), to the close of the current period, usually concurrent with the month. In no case shall this period be less than one calendar month except for the final Billing Period. Bona Fide - Made or carried out in good faith; sincere. City — The City of Sanford, a municipal corporation of the State of Florida holding tax exempt status. Consultant - To include all principals of the Consultant including, but not limited to, full and part time employees, professional or otherwise, and all other agents employed by or for Consultant to perform its obligations hereunder. Description of Services - Shall be written in paragraph form resonably describing those services the City can expect the Consultant to provide. The description shall be written in such a manner that the type of service is clearly provided, but broad enough that all services reasonably expected of the Consultant, including services provided by partners, subconsultants, and other supporting professionals, can be provided to the City. Designated Representative — A person who administers, reviews, and coordinates the provision of services. This definition applies equally to the City and to the Consultant. Force Majeure - Force Majeure shall include, but not be limited to, hostility, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Agreement is beyond the control and without the fault or negligence of the party seeking relief under this Agreement. In the context of this Agreement, force majeure shall not prevent the Consultant from perfroming , or provide an execuse for non - performance, if those matters relate to the hurricane or similar storm or event to which the services of the Consultant are to relate in the first instance, Law - Said phrase shall include statutes, codes, rules, and regulations of whatsoever type or nature enacted or adopted by a governmental entity of competent jurisdiction. Pad Materia — of the same matter; on the same subject. Laws pari materia must be construed with reference to each other /together when related to the same matter or subject. The provisions of a contract/agreement are to be construed together with no isolated construction of a particular provision such that it would defeat the overall intent of the contract/agreement. Submittals — Any item required by this Agreement that the Consultant must provide the City either for inclusion as part of this Agreement or not. Page 2 of 24 Work Order - A detailed description of quantities, services, and a completion schedule provided on a City prescribed form describing all work associated with the service to be provided by the Consultant to the City for an agreed price referencing this agreement by title and date. Section 2: Captions /Findings. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. Section 3: Extent Of Agreement/Integration /Amendment. (a) This Agreement, together with the exhibits, if any, constitute the entire integrated Agreement between the City and the Consultant and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits, regardless as to whether they are attached, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence, and statements, whether written or oral. The provisions of the Consultant's response and submissions thereto are exhibits to this Agreement and are deemed to be set forth herein as if fully set forth herein verbatim regardless of whether or not attached hereto. (b) This Agreement may only be amended, supplemented, or modified by a formal written amendment. (c) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. Section 4: No General City Obligation. (a) In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. (b) The Consultant shall not have the right to compel the exercise of the ad valorem taxing power of the City. The Consultant shall not have the right to Page 3 of 24 compel the City to submit any grant application or any application for approval to any entity regardless of whether public or private. Section 5: Consultant Understanding Of Services Required. (a) Execution of this Agreement by the Consultant is a representation that the Consultant is familiar with local conditions and with the services to be performed. The Consultant shall make no claim for additional time or money based upon its failure to comply with this Agreement. The Consultant has informed the City, and hereby represents to the City, that it has extensive experience in performing and providing the services and /or goods described in this Agreement and to be identified in the Work Orders, and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinances, rules, regulations, or orders of any public authority or licensing entity having jurisdiction over City projects. Execution of a Work Order shall be an affirmative and irrefutable representation by the Consultant to the City that the Consultant is fully familiar with any and all requisite work conditions of the provisions of the services. The Consultant represents that all submissions to the City are true and correct and that the Consultant has, and shall maintain, the expertise and ability to provide services to the City as needed and as outlined in the documents incorporated herein. (b) The recitals herein are true and correct and form and constitute a material part of this Agreement upon which the parties have relied. (c) It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the Consultant (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the City for any purpose, or in any manner, whatsoever. The Consultant is to be and shall remain forever an independent Consultant with respect to all services performed under this Agreement. (d) Persons employed by the Consultant in the provision and performance of the services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the City's officers and employees either by operation of law or by the City. Section 6: General Provisions. (a) Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement, and to undertake all obligations imposed on it. The persons executing this Agreement for the Consultant certify that they are Page 4 of 24 authorized to bind the Consultant fully to the terms of this Agreement. (b) This Agreement is for projects relating to the provision of engineering services in order to meet the needs and requirements of the City with regard to those matters and related work as needed to support the City's operations, programs and projects as set forth herein and as otherwise directed by the City. (c) The Consultant acknowledges that the City may retain other Consultants to provide the same types of services for City projects. The City reserves the right to select which Consultant shall provide services for City projects. (d) The Consultant acknowledges that the City has retained other Consultants and the coordination between said Consultants and the Consultant may be necessary from time -to -time for the successful completion of each Work Order. The Consultant agrees to provide such coordination as necessary within the Scope of Services of each Work Order. (e) The Consultant agrees to provide and ensure coordination between goods/ services providers. (f) Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement to include, but not be limited to, each Work Order. The parties covenant and agree that they shall diligently and expeditiously pursue their respective obligations set forth in this Agreement and each Work Order. (g) Consultant will maintain an adequate and competent staff or professionally qualified persons throughout the performance of this Agreement to ensure acceptable and timely completion of each Work Order. (h) Requirements for signing and sealing plans, reports, and documents prepared by the Consultant shall be governed by the laws and regulations of Seminole County and State and Federal regulatory agencies. (i) The Consultant hereby guarantees the City that all material, supplies, services, and equipment as listed on a Purchase Order meet the requirements, specifications, and standards as provided for under the Federal Occupations Safety and Health Act of 1970, as from time -to -time amended and in force on the date hereof. (j) No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. Page 5 of 24 Section 7: Codes And Design Standards. (a) All the services to be provided or performed by the Consultant shall in the minimum be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State, or local regulatory agencies. (b) The Consultant shall be responsible for keeping apprised of any changing laws applicable to the services to be performed under this Agreement. Section 8: SubConsultants. (a) Any Consultant proposed subConsultants shall be submitted to the City for written approval prior to the Consultant entering into a subcontract. SubConsultant information shall include, but not be limited to, State registrations, business address, local business tax proof of payment, and insurance certifications. (b) The Consultant shall coordinate the provision of services and work product of any City approved subConsultant and remain fully responsible for such services and work under the terms of this Agreement. (c) Any subcontract shall be in writing and shall incorporate this Agreement and require the subConsultants to assume performance of the Consultant duties commensurately with the Consultant's duties to the City under this Agreement, it being understood that nothing herein shall in any way relieve the Consultant from any of its duties under this Agreement. The Consultant shall provide the City with executed copies of all subcontracts. Section 9: Assignability. The Consultant shall not sublet, assign, or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written City approval. When approved by the City, written notice of such assignment or transfer shall be furnished promptly to the City. Section 10: Commencement/Implementation Schedule Of Agreement. (a) The Consultant shall commence the provision of services as described in this Agreement immediately upon execution of this Agreement and upon the execution of a Work Order. The City may seek other firms to provide the same services. (b) The Consultant and the City agree to make every effort to adhere to the schedules established for the various Work Orders as described in each Work Order. However, if the Consultant is delayed at any time in the Page 6 of 24 provision of services by any act or omission of the City, or of any employee of the City, or by any other Consultant employed by the City, or by changes ordered by the City, or by strikes, lock outs, fire, unusual delay in transportation, unavoidable casualties, or any other allowable cause of force majeure, as may be permitted under this Agreement, and not resulting from the inactions or actions of the Consultant and beyond the Consultant's control which would not reasonably be expected to occur in connection with or during performance or provision of the services, or by delay authorized by the City pending a decision, or by any cause which the City shall decide to justify the delay, the time of completion shall be extended for such reasonable time as the City may decide in its sole and absolute discretion. It is further expressly understood and agreed that the Consultant shall not be entitled to any damages or compensation, or be reimbursed for any losses on account of any delay or delays resulting from any of the aforesaid causes or any other cause whatsoever. Section 11: Length Of Agreement. (a) Unless terminated, this Agreement shall be in effect until September 30, 2012 and shall automatically renew, thereafter, for one -year periods unless action to terminate this Agreement is taken by a party consistent with the provisions of this Agreement. (b) Should the City wish to not have this Agreement automatically renewed, the City shall provide written notice to the Consultant thirty days prior to the automatic renewal subject; however, to the completion of all pending Work Orders. The City's decision whether or not to renew this Agreement is a decision in which the City is vested with full and plenary discretion and authority. Section 12: Description Of Services. (a). The Consultant agrees to provide engineering services in accordance with Work Orders and other directions consistent with this Agreement issued by the City to the Consultant from time -to -time. The Consultant shall provide to the City all labor, services, equipment, materials, and supplies necessary to accomplish the provision of the services set forth herein. (b) The Consultant shall provide professional services to and for the benefit of the City in support of its projects in order to meet the needs and requirements of the City with regard to those matters and related work. Section 13: Consultant Responsibilities. (a) The Consultant shall be responsible for the professional quality, accepted standards, technical accuracy and the coordination of all services furnished Page 7 of 24 by the Consultant under this Agreement as well as the conduct of its staff, personnel, employees, and agents. The Consultant shall work closely with the City on all aspects of the provision of the services. With respect to services, the Consultant shall be responsible for the quality, technical accuracy, competence, methodology, accuracy, and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. (c) The Consultant shall furnish a Consultant Designated Representative to administer, review, and coordinate the provision of services under each Work Order as well as the services required by the City as a general matter. (d) Neither City review, approval, or acceptance of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and shall remain liable to the City in accordance with applicable law for all damages to the City caused by the Consultant's negligent or improper performance or failure to perform any of the services furnished under this Agreement. (d) The rights and remedies of the Consultant provided for under this Agreement, are in addition to any other rights and remedies provided by law. (e) In the event the Consultant fails to comply with the terms and conditions of this Agreement, the City shall notify the Consultant's Designated Representative in writing so that the Consultant may take remedial action. (e) Time is of the essence in the performance of all services provided by the Consultant under the terms of this Agreement and each and every Work Order. Section 14: City Rights And Responsibilities. (a) The City shall reasonably cooperate with the Consultant in a timely fashion at no cost to the Consultant as set forth in this Section. (b) The City shall furnish a City Designated Representative to administer, review, and coordinate the provision of services under each Work Order. (c) The City shall make City personnel available where, in the City's opinion, they are required and necessary to assist the Consultant. The availability Page 8 of 24 and necessity of said personnel to assist the Consultant shall be determined solely at the discretion of the City. (d) The City shall furnish the Consultant with existing data, records, maps, plans, specifications, reports, fiscal data, and other engineering information that is available in the City's files that is necessary or useful to the Consultant for the performance of the Work. All such documents conveyed by the City shall be, and remain the property of, the City and shall be returned to the City upon completion of the Work to be performed by the Consultant. (e) The City shall, if it so desires, examine all Consultant reports, sketches, drawing, estimates, proposals, and other documents presented to the City and indicate the City's approval or disapproval within a reasonable time so as not to materially delay the provisions of the services of the Consultant. (f) The City shall provide access to and make provisions for the Consultant to enter upon public and private lands as required for the Consultant within a reasonable time to perform work as necessary to complete the Work Order. (g) The City shall transmit instructions, relevant information, and provide interpretation and definition of City policies and decisions with respect to any and all materials and other matters pertinent to the services covered by this Agreement. (h) The City shall give written notice to the Consultant whenever the City's Designated Representative knows of a development that affects the services provided and performed under this Agreement, timing of the Consultant's provision of services, or a defect or change necessary in the services of the Consultant. (i) The rights and remedies of the City provided for under this Agreement are in addition to any other rights and remedies provided by law; the City may assert its right of recovery by any appropriate means including, but not limited to, set -off, suit, withholding, recoupment, or counterclaim, either during or after performance of this Agreement. Q) The City shall be entitled to recover any and all legal costs including, but not limited to, attorney fees and other legal costs that it may incur in any legal actions it may pursue in the enforcement of the terms and conditions of this Agreement or the responsibilities of the Consultant in carrying out the duties and responsibilities deriving from this Agreement. (k) The failure of the City to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. Page 9 of 24 (1) Neither the City's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement nor or any cause of action arising out of the performance of this Agreement and the Consultant shall be and always remain liable to the City in accordance with applicable law for any and all damages to the City caused by the Consultant's negligent or wrongful provision or performance of any of the services furnished under this Agreement. (m) All deliverable analysis, reference data, survey data, plans and reports, or any other form of written instrument or document that may result from the Consutant's services or have been created during the course of the Consultant's performance under this Agreement shall become the property of the City after final payment is made to the Consultant. (n) In the event the City fails to comply with the terms and conditions of this Agreement, the Consultant shall notify the City's Designated Representative in writing so that the City may take remedial action. Section 15: Waiver. The failure of the City to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the City hereunder, shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. Section 16: Force Majeure. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by force majeure. The principle of force majeure is limited in this Agreement as otherwise noted in this Agreement. Section 17: Standards Of Conduct. (a) The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement and that the Consultant has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. (b) If the City determines that any employee or representative of the Consultant is not satisfactorily performing his or her assigned duties or is demonstrating Page 10 of 24 improper conduct pursuant to any assignment or work performed under this Agreement, the City shall so notify the Consultant, in writing. The Consultant shall immediately remove such employee or representative of the Consultant from such assignment. (c) The Consultant hereby certifies (in this writing) that no undisclosed conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the Consultant, or any interest in property that the Consultant may have. The Consultant further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the City. Violation of this Section shall be considered as justification for immediate termination of this Agreement. (d) The Consultant shall not engage in any action that would create a conflict of interest for any City employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. (e) The City will not intentionally award publicly- funded contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA)]. The City shall consider the employment by the Consultant of unauthorized aliens, a violation of Section 274A (e) of the INA. Such violation by the Consultant of the employment provisions contained in Section 274A (e) of the INA shall be grounds for immediate termination of this Agreement by the City. The Consultant shall maintain an ongoing and thorough employment practice to ensure that illegal aliens are not employed by the Consultant. (f) The Consultant shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. (g) The Consultant shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection, or discrimination. (h) If the Consultant or an affiliate is placed on a discriminatory vendor list, such action may result in termination by the City. The Consultant shall certify, upon request by the City that it is qualified to submit a bid under Section 287.134 (2) (c), Florida Statutes, relating to public entity crimes. (i) If the Consultant or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by Page 11 of 24 the City. The Consultant shall certify, upon request by the City, that is qualified to submit a bid under Section 287.133(2)(a), Florida Statutes, relating to public entity crimes. Q) The Consultant shall certify, upon request by the City, that the Consultant maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. (k) The Consultant agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the services provided to the City. The Consultant agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. (1) If applicable, in accordance with Section 216.347, Florida Statutes, the Consultant shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the Judicial Branch, or State agency. (m) The Consultant shall not publish any documents or release information regarding this Agreement to the media without prior approval of the City. (n) The Consultant shall ensure that all services are provided to the City after the Consultant has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. (o) The Consultant shall ensure that all taxes due from the Consultant are paid in a timely and complete manner including, but not limited to, the City's local business tax. Section 18: Notices. (a) Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. (b) For the present, the parties designate the following as the representative places for giving of notice, to -wit: (1) For the City: City Manager Page 12 of 24 300 North Park Avenue Sanford, Florida 32771 With a copy to: Purchasing Manager 300 North Park Avenue Sanford, Florida 32771 (2) (c) Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The Consultant agrees not to claim any waiver by City of such notice requirements based upon City having actual knowledge, implied, verbal or constructive notice, lack of prejudice, or any other grounds as a substitute for the failure of the Consultant to comply with the express written notice requirements herein. Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of the Agreement. Section 19: Designated Representatives. (a) The City Manager or the Designated Representative represents the City in all matters pertaining to and arising from the work and the performance of this Agreement. (b) The City Manager or the Designated Representative shall have the following responsibilities: (1) Examination of all work and rendering, in writing, decisions indicating the City's approval or disapproval within a reasonable time so as not to materially delay the work of the Consultant; (2) Transmission of instructions, receipt of information, and interpretation and definition of City's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; Page 13 of 24 For the Consultant (3) Giving prompt written notice to the Consultant whenever the City knows of a defect or change necessary in the project; and (c) Until further written notice, the City's Designated Representative for this Agreement is: Purchasing Manager City of Sanford 300 North Park Avenue Sanford, Florida 32771 Phone: 407.688.5028 Email: bill.smith @sanfordfl.gov (d) Until further written notice, the Consultant's Designated Representative for this Agreement is: �cT�r �1n �J1�i �u1�y^ !�r'sz Si c4�rct- Cs,Lo�, f"l,• Cdr \c�� -.J�r� �-� . S�� �OC�� 27 5 Phone: 25s3L) Email: C i�Q.vowr,�csck& ry S c 0- Section 20: Work Orders. (a) The provision of services to be performed under this Agreement may commence upon the issuance of a Work Order from the City to the Consultant. Each Work Order shall reference this agreement by title and date, include a detailed description of quantities, services, and a completion schedule, and will be provided on Consultant letterhead. Services described in said Work Order will commence upon the issuance of a City Notice -To- Proceed. After the fact Work Orders may be issued to document work that is accomplished in truly exigent circumstances, but the presumption under this Agreement shall be that there is adequate time to formalize work assignments. (b) The services required to be performed by a Work Order shall clearly defined, the Work Order and shall be issued on a "Fixed Fee" basis. The Consultant shall perform all services required by the Work Order but in no event shall the Consultant be paid more than the negotiated Fixed Fee amount stated therein. (c) The Consultant agrees to adhere to the schedules established in the various Work Orders issued under this Agreement. (e) The Consultant may invoice the amount due based on the percentage of Page 14 of 24 total work Order services actually performed and completed; but in no event shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (f) The parties may negotiate other forms of compensation aside from the fixed fee basis if the parties find such method to be necessary and desirable based upon the particular project. Section 21: Change Orders. (a) The City may revise the Description of Services set forth in any particular Work Order. (b) Revisions to any Work Order shall be authorized in writing by the City as a Change Order. Each Change Order shall include a schedule of completion for the services authorized. Change Orders shall identify this Agreement and the appropriate Work Order number. The Change Orders may contain additional instructions or provisions specific upon certain aspects of this Agreement pertinent to the services to be provided. Such supplemental instructions or provisions shall not be construed as a modification of this Agreement. An Agreement between the parties on and execution of any Change Order shall constitute a final settlement and a full accord and satisfaction of all matters relating to the change and to the impact of the change on unchanged goods and /or work, including all direct and indirect costs of whatever nature, and all adjustments to the Consultant schedule. (c) If instructed by the City, the Consultant shall change or revise work that has been performed, and if such work is not required as a result of error, omission or negligence of the Consultant, the Consultant may be entitled to additional compensation. The Consultant must submit for City approval a revised proposal with a revised fee quotation. Additional compensation, if any, shall be agreed upon before commencement of any such additional work and shall be incorporated into the work by Change Order to the Work Order. Section 22: Compensation. (a). Compensation to the Consultant for the services performed on each Work Order shall be as set forth the Work Order /Change Order. The unit rates of compensation shall be as agreed to by the parties. With regard to services or goods that are not specifically agreed upon at the time that this Agreement is entered by the parties, the City and the Consultant shall negotiate pricing. (b) The City shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc. and other items not directly attritbutable to items produced for each Work Order. Page 15 of 24 (c) Work performed by the Consultant without written approval by the City's Designated Representative shall not be compensated. Any work performed by the Consultant without approval by the City is performed at the Consultant's own election. (d) In the event the City fails to provide compensation under the terms and conditions of this Agreement, the Consultant shall notify the City's Designated Representative in order that the City may take remedial action. (f) The Consultant hereby grants the City Most Favored Nation status such that the Consultant shall never charge the City for a service an amount which exceeds the lowest price that it provides the same service to another city or county in Florida. Section 23: Invoice Process. (a) Payments shall be made by the City to the Consultant when requested as work progresses for services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. The Consultant shall render to the City, at the close of each calendar month, an itemized invoice properly dated, describing all services rendered, the cost of the services, the name and address of the Consultant, Work Order Number, Contract Number and all other information required by this Agreement. (b) Invoices which are in an acceptable form to the City and without disputable items will be processed for payment within thirty days of receipt by the City. (c) The Consultant will be notified of any disputable items contained in invoices submitted by the Consultant within fifteen days of receipt by the City with an explanation of the deficiencies. (d) The City and the Consultant will make every effort to resolve all disputable items contained in the Consultant's invoices. (e) Each invoice shall reference this Agreement, the appropriate Work Order and Change Order if applicable, the billing period, and include the Project Status Report for the period being billed. (f) The Florida Prompt Payment Act shall apply when applicable. (g) Invoices are to be forwarded directly to: Page 16 of 24 Finance Director City Of Sanford 300 North Park Avenue Sanford, Florida 32771 Section 24: Termination Of Agreement. (a) The City may terminate this Agreement or any Work Order for convenience at any time. (b) The City may also terminate this Agreement upon the City determining that any one or more of the following reasons exist: (1) If, in the City's opinion, adequate progress under a Work Order, specially, or this Agreement, generally, is not being made by the Consultant; or (2) If, in the City's opinion, the quality of the services provided by the Consultant is /are not in conformance with commonly accepted professional standards, standards of the City, the requirements of Federal or State regulatory agencies, and the Consultant has not corrected such deficiencies in a timely manner as reasonably determined by the City; or (3) The Consultant or any employee or agent of the Consultant is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the Consultant; or (4) The Consultant becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or (5) The Consultant violates the Standards of Conduct provisions herein or any provision of State or local law or any provision of the City Code of Conduct. In the event of any of the causes described in this Section, the City's Designated Representative may send a certified letter requesting that the Consultant show cause why the Agreement or any Work Order should not be terminated. If assurance satisfactory to the City of corrective measures to be made within a reasonable time is not given to the City within fourteen calendar days of the receipt of the letter, the City may consider the Consultant to be in default, and may immediately terminate this Agreement or any Work Order in progress under this Agreement. Page 17 of 24 (c) In the event that this Agreement or a Work Order is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Work Order shall be deemed terminated for convenience by the City and the City shall have the right to so terminate this Agreement without any recourse by the Consultant. Section 25: Termination By Consultant For Cause. (a) The Consultant may terminate this Agreement if the City fails to pay the Consultant in accordance with this Agreement. (b) In the event of either of the causes described in Subsection (a), the Consultant shall send a certified letter requesting that the City show cause why the Agreement should not be terminated. If adequate assurances are not given to the Consultant within fourteen calendar days of the receipt of said show cause notice, the Consultant may consider the City to be in default, and may immediately terminate this Agreement. Section 26: Termination By The City Without Cause. (a) Notwithstanding any other provision of this Agreement, the City shall have the right at any time to terminate this Agreement in its entirely without cause, or terminate any specific Work Order without cause, if such termination is deemed by the City to be in the public interest, provided that thirty calendar days prior written notice is given to the Consultant of the City's intent to terminate. (b) In the event that this Agreement is terminated, the City shall identify any specific Work Order(s) or work being terminated and the specific Work Order(s) or work to be continued to completion pursuant to the provisions of this Agreement. (c) This Agreement will remain in full force and effect as to all authorized Work Order(s) that is /are to be continued to completion. Section 27: Payment In The Event Of Termination. In the event this Agreement or any Work Order is terminated or canceled prior to final completion payment for the unpaid portion of the services provided by the Consultant to the date of termination and any additional services shall be paid to the Consultant. Section 28: Action Following Termination. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all services, unless the notice provides otherwise. Page 18 of 24 Section 29: Suspension. (a) The performance or provision of the Consultant's services under any Work Order under this Agreement may be suspended by the City at any time. (b) In the event the City suspends the performance or provision of the Consultant's services hereunder, the City shall so notify the Consultant in writing. Such suspension becoming effective upon the date stated in the notice. The City shall pay to the Consultant within thirty days all compensation which has become due to and payable to the Consultant to the effective date of such suspension. The City shall thereafter have no further obligation for payment to the Consultant for the suspended provision of services unless and until the City's designated representative notifies the Consultant in writing that the provision of the services of the Consultant called for hereunder are to be resumed by the Consultant. (c) Upon receipt of written notice from the City that the Consultant's provision of services hereunder are to be resumed, the Consultant shall continue to provide the services to the City. Section 30: Alternative Dispute Resolution (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the City prior to filing suit or otherwise pursuing legal remedies. (b) The Consultant agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the City in alternative dispute resolution procedures or which the Consultant had knowledge and failed to present during the City procedures. (c) In the event that City procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. Section 31: Severability. (a) If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or Page 19 of 24 unenforceable, shall not be affected thereby, and each term, provision, and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. (b) All provisions of this Agreement shall be read and applied in pari materia with all other provisions hereof. (c) Violation of this Agreement by the Consultant is recognized by the parties to constitute irreparable harm to the City. Section 32: Controlling Laws/Venue /Interpretation. (a) This Agreement is to be governed by the laws of the State of Florida. (b) Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida and the City shall, at all times, have and maintain the home venue privilege. (c) This Agreement is the result of bona fide arms length negotiations between the City and the Consultant and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. Section 33: Indemnity. (a) To the fullest extent permitted by law, the Consultant shall indemnify, hold harmless, and defend the City, its agents, servants, officers, officials, and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorneys fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or part by the error, omission, negligent act, failure to act, malfeasance, misfeasance, conduct, or misconduct of the Consultant, its agents, servants, officers, officials, employees, or subConsultants. (b) In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the Consultant for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. (c) Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. Page 20 of 24 (d) In claims against any person or entity indemnified under this Section by an employee of the Consultant or its agents or subConsultants, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Consultant or its agents or subConsultants, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. (e) The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the indemnification provision in this Agreement; however, the Consultant must also comply with the provisions of this Agreement relating to insurance coverages. (f). To the extent that services provided by the Consultant to the City under this Agreement relate to the "planning, design, construction, administration, study, evaluation, consulting, or other professional and technical support services furnished in connection with any actual or proposed construction, improvement, alteration, repair, maintenance, operation, management, relocation, demolition, excavation, or other facility, land, air, water, or utility development. Section 34: Insurance. The City's insurance requirements applicable to contracts are specified on the City's website at: http: / /www.sanfordfl.gov /index.html select purchasing then select insurance. The Coverage Standard applicable to this contract is identified as: MP- 11012, required coverage is as indicated for Worker's Compensation. Commercial General Liability, Comprehensive Auto Liability and Professional Liability. it is noted that by this reference that the indicated insurance coverage, terms and conditions are hereby incorporated into this contract. Section 35: Equal Opportunity Em ployment/Non- Discrimination. The Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The Consultant, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. Section 36: Access To Records /Audit/Public Records. Page 21 of 24 (a) The Consultant shall maintain books, records, documents, time and costs accounts, and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. (b) The Consultant shall maintain and allow access to the records required under this Section for a minimum period of five years after the completion of the provision or performance services under this Agreement and date of final payment for said services, or date of termination of this Agreement. (c) The City reserves the right to unilaterally terminate this Agreement if the Consultant refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the Consultant in conjunction, in any way, with this Agreement. (d) The City may perform, or cause to have performed, an audit of the records of the Consultant before or after final payment to support final payment under any Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the Consultant and the City subsequent to the close of the final fiscal period in which services are provided or performed. Total compensation to the Consultant may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the Consultant. Conduct of this audit shall not delay final payment as required by this Section. (e) In addition to the above, if Federal, State, County, or other entity funds are used for any services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representative, shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. Also, the Consultant shall adhere to, and comply with, any and all grant conditions imposed. (f) In the event of any audit or inspection conducted reveals any overpayment by the City under the terms of the Agreement, the Consultant shall refund such overpayment to the City within thirty days of notice by the City of the request for the refund. (g) The Consultant agrees to fully comply with all State laws relating to public records as determined by the City. (h) The Consultant agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records Page 22 of 24 shall be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. Section 37: Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. Section 38: Exhibits. Each exhibit, if any, referred to and attached to this Agreement is an essential part of this Agreement. The exhibits, if any, and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. The City shall determine the contents of this Agreement relative to exhibits. SIGNATURE PAGE FOLLOWS Page 23 of 24 In Witness Whereof, the parties hereto have made and executed this Agreement on the respective dates under each signature: the City through its City Commission taking official action and the Consultant signing by and through its duly authorized corporate officer having the full and complete authority to execute same. Name Q f Fir S�vJ CsX'�C �C- B Witn s 1 Printed Name: ml2Prj�l Printed Name.. al is r Attest: Date: 1 I cl —I i Date: N 1 Y! - 31. Approved as legal sufficiency. Vbert City Atto r eyV " �A // AJ =/I' Page 24 of 24 77-- -- WS 7i ILIA Item No. L CITY COMMISSION MEMORANDUM 1 1 -151 SEPTEMBER 12, 201 1 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Tom George, Interim City Manager SUBMITTED BY: Tom George, Interim City Manager SUBJECT: SYNOPSIS: Consent Agenda Approval of items on the consent agenda is requested. A) APPROVAL OF METROPLAN ORLANDO ANNUAL FUNDING AGREEMENT. FISCAL/STAFFING STATEMENT: Funding for FY 2011'/2012 of $26,523 is requested, this amount is the same amount assessed last year and represents five years of budget reductions. The funding base of $0.75 per capita that was established by the MetroPlan Board in FY 96/97 will remain the same. However, due to continuing budgetary issues faced by funding partners, MetroPlan Orlando has again reduced the population assessed amount of $40,362, down to $26,523 for FY 2011/2012. An appropriation for this funding has been provided in the proposed 2011/2012 City budget. BACKGROUND: MetroPlan Orlando, the regional transportation planning agency, provides leadership in planning and promoting a comprehensive intermodal surface transportation system. Under the agreement, MetroPlan provides a quarterly accounting of its unified planning work program to the City. The funding base was established in FY 96/97 and has remained at $0.75 per capita. Two equal payments are assessed; one on October 1, 2011 and one on April 1, 2012. LEGAL REVIEW: N /A. RECOMMENDATION: It's staff's recommendation that the City Commission approve the FY 2011/2012 Funding Agreement with MetroPlan and authorize the Mayor to execute the agreement. B) APPROVAL OF STATE HOMELAND SECUR1Tr GRANT PROGRAM SUB - REC /P /ENT FUNDING AGREEMENT. FISCAL/STAFFING STATEMENT: This is a cost reimbursement agreement to receive $8,900 for specialized training for our State designated Light Technical Rescue Team (LTRT). This funding will allow Fire Department personnel to complete proficiency training including overtime, backfill, and travel costs, and/or certification / recertification of instructors. BACKGROUND: The Sanford Fire Department has had a state designated LTRT since 2005. With fire department training and education reimbursement funds limited, the Fire Department has pursued the opportunity to sustain training and enhance capabilities for our personnel in special operations (Rope Rescue, Confined Space Rescue, Trench Rescue, Vehicle & Machinery Rescue, Team Leader, and Train the Trainer Course). The monies will be used for training personnel by attending FEMA sponsored and/or approved training courses listed in the agreement. All of the funds must be expended 18 months from the execution of the agreement, no later than March 30, 2013. LEGAL: The agreement was reviewed by the City Attorney's Office. RECOMMENDATION: It is staff's recommendation that the City Commission execute the agreement with the State of Florida to receive $8,900 in reimbursable funds for the training of Fire Department personnel. 0 APPROVAL OF STATE REVOLVING FUND (SRF) LOAN AMENDMENT f, WAsrmwATER TREATMENT NUTR/ENT REDucT7ON PROJECT: FISCAL/STAFFING STATEMENT: The preconstruction loan amount available from the FDEP has increased from $808,854 to $888,190 which is an increase of $79,336. BACKGROUND: At the work session on February 28, 2011, the City Commission viewed a presentation by our engineering consultant, CPH, concerning the nutrient reduction requirement at the City's wastewater treatment facilities. The City is under an Administrative Order issued by FDEP requiring the reduction of phosphorus and nitrogen in the reclaimed water. On May 9, 2011, the City Commission approved a resolution to request funding for a SRF preconstruction loan from FDEP. This preconstruction loan amount was for $808,854 and covers the design and permitting for the wastewater treatment plant improvements. The City is also including the design work to increase the treatment capacity of the South Water Resource Center in with this project. It is cost effective to do both projects at the same time. The current 2 MGD facility is close to the 75% capacity level. This design will increase capacity to 3MGD. Additional SRF preconstruction loan dollars are available for this work. Amendment 1 provides an additional $79,336 for the design of this project. LEGAL REVIEW: The City Attorney's office has reviewed Amendment 1 to the SRF loan agreement. RECOMMENDATION: It is staff's recommendation that the City Commission approve Amendment 1 to the SRF loan agreement and authorize the Mayor, City Clerk and City Attorney to execute the agreement. D) APPROVAL OFFY I I /12 PROPERTYAND LIABIUMINSURANCE RENEWAL. FISCAL/STAFFING STATEMENT: The renewal premium proposed by FLC for all of the above coverages will be $1,049,323 for FYI 1/12, as compared to the FYI 0/11 gross premium to date of $1,016,474. The increase is due to insuring $4,000,000 in additional property; the addition of 13 new vehicles; statewide increase in workers compensation rates; and increase in the State of Florida sovereign immunity limits from $100,000 per person/$200,000 per occurrence to new limits of $200,000 per person/$300,000 per occurrence beginning October 1, 2011. Additionally, the FLC, like the other municipal insurers in the state of Florida, allows for a separate windstorm deductible for named storms. The named storm deductible for FYI 1/12 remains at three percent, or the policy deductible ($25,000) per occurrence, whichever is greater. All other property exposures have a $25,000 deductible per occurrence; same for Liability insurance coverage. As to workers compensation coverage, the City is self - insured for the first $200,000 for each work related injury, and the City's excess workers compensation insurance policy purchased through the FLC will reimburse the City any costs incurred above that amount. Claims experience in recent years in both liability and property claims have been very favorable. This is largely due to greater safety awareness and safer work environments within City employment ranks, as well as the City's safety accountability, safety incentive and post accident drug screening programs. Another major factor for the favorable claims experience is the excellent claims administration and services by the FLC for property and liability claims, and Johns Eastern, Co., Inc, (JECO) for workers compensation claims. In FYI 0 /11 the City is on track to have even fewer workers compensation claims than the record low year of FY09 /10. Prior to the City creating the Risk Manager position in FY00 /O1 the City was averaging close to 100 workers compensation claims per year. In FY09 /10 the City had a record low 26 claims and is now on track to be at or below that number for FY10 /11. BACKGROUND: FLC is one of the, if not the leader, in insuring municipal districts in the State of Florida. They have proven to be a solid and consistent force in their industry for many years. The City has enjoyed a long relationship with the Florida League of Cities, except for a three year hiatus from October 2000 to September 2003. During that time the City had a good relationship with A.J. Gallagher. For many years in the 80's and 90's the City had partnered with and had a good relationship with the FLC; however, in FY01 the FLC presented a sizeable and deserved premium increase to the City due the City's poor claims experience at the time. As a result, the City elected to partner with a different insurance carrier, A. J. Gallagher, for FY00 /01, FY01 /02 and F02/Y03; additionally in FY00 /01 the City created the position of Risk Manager to primarily improve the City's safety program and reduce workers compensation claims and costs. Subsequently and concerned about the FY03 /04 premium increase proposed by the A. J. Gallagher underwriter, the City elected to return to FLC; and in doing so the City saved approximately $400,000 in FY03 /04 insurance premiums. As to the workers compensation claims, the City enjoyed a reduction from 103 in FY99 /00 to 52 in FY02 /03. Also, due to its sound underwriting principles in recent years the FLC has attained a surplus in their insurance reserves. As opposed to retaining this surplus as most other insurance carriers do, the FLC has returned $28,000,000 of the surplus to members renewing their insurance with the FLC in the last three years. In each of the last three years the City has received return of premium dollars from the FLC; the amount returned to the City for those three years totals is $252,895. The City stands to receive an additional $73,189 once it renews the FYI 1/12 insurance coverages with the FLC. Additionally, during the hurricanes of 2004, the FLC attached only one $25,000 deductible for all of hurricanes Charlie, Frances and Jeanne combined, even though it had the right to attach a deductible per hurricane. The FLC claims adjusting personnel were second to none in their handling of the hurricane claims in 2004 based on feedback from other entities; and continue to be an asset to the City's liability claims administration. LEGAL: LIM RECOMMENDATION: It is staff's recommendation that the City Commission approve the FYI 1 /12 insurance renewal with the Florida League of Cities. E7 APPROVAL OFART LANE LANDF /LL -- GAS MON/TOR/NG SERVICES. FISCAL/STAFFING STATEMENT: Funds are available in the Solid Waste Division account; not to exceed $43,081 for Fiscal Year 2011/2012. BACKGROUND: Art Lane Landfill was used as a Class III landfill by the City of Sanford Solid Waste Division. Closure of the landfill was accepted and a permit issued by FDEP and completed by year 2000. The permit does require yearly testing of wells. There are a network of eight monitoring wells, four gas - monitoring probes and one surface water site located on the property for monitoring. The semi - annual report includes tabular groundwater quality results using FDEP format, water levels in all wells in a table, a ground water contour map and a computer disk with water quality reporting tables. LEGAL REVIEW: N /A. RECOMMENDATION: It is staff's recommendation that the City Commission approve the proposal with Ardaman & Associates for the FY 2011/2012 monitor of wells located at Art Lane Landfill. F) APPROVAL OF /SSUANCE OF PURCHASE ORDER FOR TIRES. FISCAUSTAFFING STATEMENT: Estimated cost for Fiscal Year 2011/2012 is $85,000. These funds are allocated in each City Department maintenance account through the Fleet Maintenance Division. BACKGROUND: Public Works Fleet Maintenance Division purchases tires for all City vehicles each year using State Contract Number 863 - 000 -10 -1. This Purchase Order is necessary to avoid a lapse in our ability to purchase tires for the City's fleet operations. LEGAL REVIEW: N /A. RECOMMENDATION: It is staff's recommendation that the City Commission approve a purchase order for Fiscal Year 2011/2012 in the amount of $85,000 to State Contract vendor The Pep Boys. G) APPROVAL OF /SSuANCE of PURCHASE ORDER FOR FUEL. FISCAL/STAFFING STATEMENT: The estimated cost of fuel for Fiscal Year 2011/2012 is $1,100,000. These funds are allocated in each City Department maintenance account through the Fleet Maintenance Division. BACKGROUND: Public Works Fleet Maintenance Division purchases fuel for all City vehicles each year using State Contract Number 405- 000 -10 -1. This purchase order is necessary to avoid any lapse in our ability to purchase fuel for the City's fleet of vehicles. LEGAL REVIEW: N /A. RECOMMENDATION: It is staff's recommendation that the City Commission approve a purchase order for Fiscal Year 2011/2012 in the amount of $1,100,000 to State Contract vendor Petroleum Traders Inc. H) APPROVAL OF AWARD OF PROFESSIONAL CONSULT /NG CONTRACr Sue✓Ecr ro CCNA. FISCALISTAFFING STATEMENT: Funding for these contracts will be designated at the time specific work orders are executed to perform projects applicable to the contract. BACKGROUND: This individual action is predicated upon the process to provide and maintain established CCNA Master contracts with professional consultants who, by virtue of this process, are immediately available to perform and complete tasks and projects within the broad categories of architecture, engineering, landscaping, and surveying and mapping in compliance with the Consultants Competitive Negotiation Act, (CCNA) (Section 287.055, Florida Statutes) and procurement policy of the City. On April 6, 2011, RFQ 10/11 -06 was opened with forty seven (47) firms responding. As required by Florida Statutes, the firms were ranked against each other with recommended selections being conditioned by rankings, discipline, and projected services needed by the City in support of various projects necessary to provide essential services and facilities for the Citizens of Sanford. Enclosure 1 represents overall scoring of the firms. Enclosure 2 reflects the recommended firms which are indicated as being qualified and ranked via a competitive process to receive a CCNA Master Contract in the specialty area(s) indicated. This process is expected to provide continuing immediate availability of a complement of professional consultants to the City. LEGAL REVIEW: Contract documents — will be prepared by the City Attorney. RECOMMENDATION: It is staff's recommendation that the City Commission approve the firms indicated on Enclosure 2 to receive CCNA master contracts with the City. V APPROVAL OF SPEECIAL EVE/VT:" CELERY CITY CRUISERS. FISCALISTAFFING STATEMENT: There are no City services provided for this event. BACKGROUND: This event is a monthly antique car exhibition held the last Saturday of every month, from January through October, and has been held in Sanford for over 20y years. Closure of Seminole Boulevard, from Park Avenue to Sanford Avenue, from 4 - 9 PM is requested to accommodate the expected pedestrian traffic. No additional City support or service was requested by the applicant. The Special Events Review Committee agrees that this event does not need additional City support from their respective departments. A noise permit is requested. LEGAL REVIEW: N /A. RECOMMENDATION: It is staff s recommendation that the City Commission approve this special event, noise permit and the related street closure for the last Saturday of every month from January through October in 2012. ✓) APPROVAL OFSPECIAL. EVE/V7:"ALIVEAFTER FIVE. FISCALISTAFFING STATEMENT: Costs for City services are estimated to be $1,981.17 per month and will be paid by the applicant. BACKGROUND: This is a monthly event that occurs the 2 nd Thursday of every month in downtown Sanford and is sponsored by Historic Sanford Welcome Center Inc. from 5 — 9 PM which they would like to continue through 2012. The applicant requests a noise permit, an alcohol permit and street closures from 3 —10 PM of . 1 St Street, from Sanford Avenue to Park Avenue; • Park Avenue, from Commercial Avenue to 2 nd Street • Magnolia Avenue, from Magnolia Square to 2 nd Street • Palmetto Avenue, from 1 St Street to 2 nd Street. The street closure request includes the additional closure of Magnolia Avenue, from Magnolia Square to 2 nd Street. City costs are approximately $300 less than the March 2011 request but also reflect additional City services. LEGAL REVIEW: Imo" RECOMMENDATION: It is staff's recommendation that the City Commission approve this special event application with street closures, a noise permit and an alcohol permit on the 2 nd Thursday of every month in 2012. K) APPRomL OF SPECL4L EVENT. SEmNOLE HIGH SCHOOL HOMECOMING PARADE FISCAL/STAFFING STATEMENT: The costs for City services are estimated to be under the $1,000 inter - governmental partnership agreement. BACKGROUND: This event is the annual Seminole High School Homecoming Parade with a Pep Rally at Magnolia Square to be held on Thursday, September 22 Applicant is requesting closure of 1St Street, from Sanford Avenue to San Juan Avenue, and San Juan Avenue, from I" Street to Seminole Boulevard, from 1 -6 PM for staging of the parade participants. Applicant also requests closure of the parade route on 1 St Street, from Sanford Avenue to Park Avenue, from 3 -7 PM. A PA system and noise permit is also being requested for the Pep Rally in Magnolia Square. LEGAL REVIEW: N /A. RECOMMENDATION: It is staff s recommendation that the City Commission approve this special event and the related street closures and noise permit. L) APPROVAL OF CONSENT TO ASSIGNMENT OF LEASE. FISCALISTAFFING STATEMENT: None. BACKGROUND: The City and Wilson Center, Inc entered into an Agreement to Lease the property at the Northeast corner of North Palmetto Avenue and East Seminole Boulevard on October 27, 2003 for construction of the Marina Riverwalk Trailhead Center. The Agreement to Lease was amended on July 11, 2011. Wilson Center, Inc has now entered into an agreement to sell the building located on the property relative to this lease to Vanik Investments, LLC. The sale is conditional upon the City, Wilson Center, Inc. and Vanik Investment, LLC agreeing to the assignment of the lease for the underlying property. LEGAL REVIEW: The City Attorney has reviewed and approved the agreement. 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N o E w Q y — c o W D C a "- u0i m U y a� ti D .c H U -� o m L6 U E O L m L) m r- = o ° a m a J c ca F � (�n m� U o E� N� � Q aa) LL � o o w Q Q Q m m m m O m m m U 0 0 0 (7 C� S S t 2_ -) Y Y N _1 m Z Z Z Z Z d N O M (O O to W O O M W O LO T O T m T O T 0 T O N 0 T 0 N 0 N T T T T T T T M O T M C D T O T O T O T O T O T FIRMS RECOMMENDED FOR CCNA MASTER CONTRACT Enclosure 2 Selections Specialties AECOM Architectural + Multi A/R/C Roof engine rin ADG Architectural AVCON Engineering-multi BHM Architectural Brown & Caldwell Environmental Caltrop Engineering M mt, multi services CPH Engineering-multi DJ Design Architects, Planners Geodata conslultants, inc Surveying and mappin GLE acilities & Environmental Architecture and Engineerin Hanson Professional Architecture + Eng. -Multi Hazen & Sawyer Water/Wastewater En ineerin HHI Landscape Architectural Littlejohn Engineering Landscape Architectural and multi PSI Engineering Multi Southeastern Surveying Surveying and mappin SMW GeoSciences Water/Wastewater Facilities planning and conservation Wool pert Water/Wastewater /Stormwater Parks, surveying, traffic eng, inspection services