1845 Triece Piggyback City of Edgewater PURCHASING P
TRANSMITTAL MEMORANDUM
T®: City Clerk
EBF: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order ® Mayor's signature
❑ Final Plat(original mylars) ❑ Recording
❑ Letter of Credit ❑ Rendering
❑ Maintenance Bond ® City Clerk's Signature
❑ Ordinance ® Attorney's Signature
❑ Performance Bond
❑ Resolution
® Triece Company Piggyback w/City of Edgewater
Once completed, please:
® Return one original
❑ Return copy
1-1
Special Instructions:
Agenda item submitted for Commission Meeting on June 26, 2017. City Clerk's office may keep
one copy for their records
Please advise if you have any questions regarding the above.
Thank you!
0!011C1401-1
From Date
TADept_forms\City Clerk Transmittal Memo-2009.doe
Professional Real Estate Services (with The Triece Company) Piggyback Contract
(City of Edgewater)
The City of Sanford ("City") enters this "Piggyback" Contract The Triece
Company, a Florida corporation, authorized to do business in the State of Florida,
(hereinafter referred to as the "Vendor"), under the terms and conditions hereinafter
provided. The City and the Vendor agree as follows:
(1). The Purchasing Policy for the City of Sanford allows for
"piggybacking" contracts. Pursuant to this procedure, the City is allowed to
piggyback an existing government contract, and there is no need to obtain formal or
informal quotations, proposals or bids. The parties agree that the Vendor has
entered a contract with the City of Edgewater, Florida, said contract being identified
as the "Professional Consultant Services Agreement Professional Real Estate
Services - Request for Qualification (RFQ) #16-GS-003" and pertaining to services
being described in Exhibit "A" referenced below; said original contract being
referred to as the "original government contract").
(2). The original government contract is incorporated herein by reference
and is attached as Exhibit "A" to this contract. All of the terms and conditions set out
in the original government contract are fully binding on the parties and said terms
and conditions are incorporated herein.
(3). Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
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(a). Time Period ("Term") of this Contract: Same as the original
government contract.
(b). Insurance Requirements of this Contract: Same as the original
government contract.
(c). Any other provisions of the original government contract that will be
modified: N/A; provided, however, the City and the Vendor shall negotiate and detail the
specific tasks and to be accomplished as the services to be provided as well as the
compensation for such designated task and services.
(d). All other provisions in the original government contract are fully
binding on the parties and will represent the agreement between the City and the
Vendor except as set forth herein.
(4). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract,
the Vendor agrees that it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, 300 North Park
Avenue; Sanford, Florida 32771. The City Manager's designated representative for
this Contract is F. William "Bill" Smith„ Purchasing Manage, City of Sanford, Post
Office Box 1788, 300 North Park Avenue; Sanford, Florida 32771-1778, telephone
number (407-688-5028) and whose e-mail address is: BILL.SMITH@Sanfordfl.gov.
The Vendor may work for, and communicate with, various departments and
personnel of the City.
(5). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation
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between the parties arising out of this Contract shall be in Seminole County, Florida
in the Court of appropriate jurisdiction. The law of Florida shall control any dispute
between the parties arising out of or related to this Contract, the performance
thereof or any products or services delivered pursuant to such Contract.
(6). Notwithstanding any other provision in the original government
contract to the contrary, there shall be no arbitration with respect to any dispute
between the parties arising out of this Contract. Dispute resolution shall be through
voluntary and non-binding mediation, negotiation or litigation in the court of
appropriate jurisdiction in Seminole County, Florida, with the parties bearing the
costs of their own legal fees with respect to any dispute resolution, including
litigation.
(7). All the services to be provided or performed shall 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 agency.
(8). IF THE CONTRACTOR/VENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S
(VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-
5012, CYNTHIA PORTER, CITY CLERK, CITY OF
Sanford, CITY HALL, 300 NORTH PARK AVENUE,
SANFORD, FLORIDA 32771,
PORTERC@SANFORDFL.GOV.
SIGNATURE PAGE FOLLOWS:
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Entered this day of 2017.
Attest., The Triece Company
By.
Witness Steve M. Triece
Sole Corporate Officer
Date: 0 /0,'- 20 ` r.
Attest. City Of Sanford
` By: Jrv���
Cynth a Porter, City Clerk P
Date:
Approved as to form and legal sufficiency.
William L. Colbert City Attorney
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Exhibit "A"
[Attach original government contract]
i
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
PROFESSIONAL REAL ESTATE SERVICES
Request for Qualification(RFQ)#16-GS-003
THIS AGREEMENT. is made and entered into this-, day of l�eu�2016, by and
between The Triece Company,a Florida S Corporation duly authon'ze to conduct
business in the State of Florida and whose address is, hereinafter, -called "CONSULTANT" and the
CITY OF EDGEWATER,a political subdivision of the State of Florida,whose address is 104 North
Riverside Drive,Edgewater,FL 32132,hereinafter called"CITY".
SECTION 1. AGREEMENT. The terns of this Agreement,together with the incorporation of
the terms and conditions of the Request for Qualifications (RFQ #16-GS-003), and any exhibits,
schedules and attachments hereto, and any and all amendments relating to same, and any and all
submittals from CONSULTANT,constitute the entire Agreement between CITY and CONSULTANT.
This Agreement is the final, complete and exclusive expression of the terms and conditions of the
parties' Agreement. Any and all prior agreements, representations, negotiations, and understandings
made by the parties,oral or written,expressed or implied,are hereby superseded and merged herein.
SECTION 2. TERM OF AGREEMENT. The term of this Agreement shall be for an initial period of
three(3)years from the date of award. At the option of the parties,this Agreement may be renewed for
three(3)additional one(1)year terms. Renewal options may be exercised at the discretion of the City
based on performance of the company and adherence to the terms and conditions set forth in the RFQ
documents. The City retains the sole right to determine whether the renewal option shall be granted.
SECTION 3. COMPENSATION. For Services rendered, the CITY shall pay the
CONSULTANT a lump-sum fee, including or excluding reimbursable expenses as mutually agreed
i upon. Unless otherwise agreed in a Scope of Services, the CONSULTANT will invoice the City
monthly based upon the CONSULTANT's estimate of the portion of the total Services actually
j completed at the time of billing.
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SECTION 4. REIMBURSABLE EXPENSES. "Reimbursable Expenses"means the actual,
necessary and reasonable expenses incurred directly or indirectly in connection with the Project for:
transportation and subsistence incidental thereto for travel; toll telephone calls and facsimiles;
reproduction of reports, drawings and specifications, and similar Project-related items; as provided in
the City's Purchasing Policy.
SECTION S. NOTICES. Whenever either party desires to give notice unto the other, it must
be given by written notice, sent by registered or certified United States mail,return receipts requested,
addressed to the party for whom it is intended at the place last specified. 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. For the present,the parties designate the following as the respective places for giving of
notice,to-wit:
For City: For Contractor:
Robin L.Matusick,City Clerk/Paralegal Steven Triece President (Name,Title)
City of Edgewater The Tricce Company (Company)
104 N.Riverside Drive 214 Chestnut Ridge,Street (Address)
Winter Springs,FL 32708 Ci State,Zi
Edgewater, FL 32132 (City, P)
(386)424-2400 #1203 (386) 956-2020 (Phone)
RFP 16-CS-003-PROMSS[ONA[.RF.A[.ESTATE SERVICES
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SECTION 6. RIGHTS AT LAW RETAINED. The rights and remedies of CITY, provided
for under this Agreement,are in addition and supplemental to any other rights and remedies provided by
law.
SECTION 7. CONTROLLING LAW,_VENUE, ATTORNEY'S FEES. This Agreement is
to be governed, construed, and interpreted by, through and under the laws of Florida. Venue for any
litigation between the parties to this Agreement shall be in the County of Volusia,Florida and any trial
shall be non jury. Each party agrees to bear its own costs and attorney's fees relating to any dispute
Arising under this Agreement.
SECTION 8. MODFICATIONS TO AGREEMENT. This Agreement and any exhibits,
amendments and schedules may only be amended, supplemented, modified or canceled by a written
instrument duly executed by the parties hereto of equal dignity herewith.
SECTION 9. SEVERABILITY. If, during the term of this Agreement, it is found that a
specific clause or condition of this Agreement is illegal under federal or state law, the remainder of the
Agreement,not affected by such a.ru}ing shall remain in force and effect.
SECTION 10. WAIVER OF JURY TRIAL. THECITYAND CONSULTANT HAVE
SPECIFICALLY WAIVED,THE RIGHT TO A JURY TRIAL CONCERNNG ANY DISPUTES
WHICH MAY ARISE CONCERNING THIS AGREEMENT.
SECTION 11. NON-WAIVER. No indulgence, waiver, election or non-election by CITY
under this Agreement shall affect CONSULTANT's duties and obligations hereunder.
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i RFP 16-CS-003-PROFESSIONAL REAL ESTATE SERVICES
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date written above for execution by CITY.
WITNaSSIS: CITY OF EDGEWAT
eey, How,Citv Manager
Robin L Matusick,==City Clerk/Paralegal
Dated: r �i}
W _NESSES: FIRM
Ale,'__ t By: �•
Steven M.Triece President
Dated:
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Attachments:A.RFQ#16-GS-003
B.Firm Response to RFQ
C.Scope of Service
Approved by the City Council of the City of
Edgewater at a meeting held on this zz �
day of [)D ,2016 under
Agenda Item;W__.
RFP 16-GS-003-PROFESSIONAL REAS.ESTATE SERVICES 17
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