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HomeMy WebLinkAboutFroscher, Yvonne I. Proposal/Contract for Services -2002 05 29 ,- C!J tJOVlVle 9. CCJhogcheh Environmental Consultant PROPOSAL/CONTRACT FOR SERVICES RE: City of Winter Springs Arbor Ordinance Review and Recommendations DATE: May 29, 2002 TO: City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708. Attention: Michael Mingea, City Forester This proposal/contract for environmental consulting services has been submitted upon a telephone request. Following is a scope of work and agreement for assisting the City of Winter Springs assess its Arbor Ordinance (Ordinance 2002-08) from an environmental perspective. Assessment will occur in conjunction with consideration of comments from the public and an ad hoc committee. Scope of Services TASK I n Review Ordinance No. 2002-08 (including appendices), as adopted by the City of Winter Springs (referred to as the City throughout the remainder of this document). Review written public comments received by the City and provided to Yvonne I. Froscher. TASK II n Meet with City attorney to understand their approach to developing the ordinance. TASK III n Provide a public forum at two different times to aid in summarizing I) specific public concerns about the present ordinance and 2) specific public solutions to resolve concerns about the present ordinance. TASK IV -- Meet with the City Commission's ad hoc Committee four times. I) The first meeting shall identify the Committee's response to the adopted ordinance. 2) Following the first meeting with staff, the second meeting shall be a presentation of Yvonne I. Froscher's potential recommendations (formulated after consideration of public and Committee input) to the Committee and the result will be a summarization of the Committee's initial comments related to those recommendations. Possible recommendations will be provided in a "handout" format. . 3) The purpose of the third meeting will be to receive final Committee comments and suggestions related to the rj::commendations. 4) The last meeting will be to present Yvonne I. Froscher's final recommendations. Final recommendations will be provided in a "handout" format. TASK V -- Meet with the City Staff twice. . I) Following the first meeting with the ad hoc Committee, the two public meetings, and the City Attorney meeting, Yvonne I. Froscherwill meet with City staff to discuss whether recommendations to amend the ordinance are necessary to I) meet citizens' valid concerns or 2) make the ordinance more correct. Possible recommendations, if necessary to accomplish the goals, will be formulated and will be presented informally to staff for consideration and counsel. Possible recommendations will be provided in a "handout" format. Po. BOX 195305. lMNTERSPRINGS, FLORIDA 32719-5305. (407) 327-2020. FAX (407) 327-111B 'i 2 2) The second meeting will follow the third meeting with the ad hoc Committee and will be a final opportunity for staff to provide comments to final proposed recommendations. Final proposed recommendations will be provided in a "handout" format. TASK VI -- Provide final written recommendation(s) to the Winter Springs City Commission. The Client shall provide: An electronic file (preferably in Word 6.0 or Word 2000 format) of the adopted ordinance with Appendices. Agreement AN AGREEMENT between Yvonne I. Froscher, environmental consultant, and Client As consultant, Yvonne I. Froscher hereby agrees to provide the consulting services summarized in the Scope of Services and selected by the Client below. The professional fees for TASKS I through VI shall be invoiced at $67.00 per hour and shall not exceed $3,216.00 without approval of the CI ient. In addition to payments provided for the basic and additional fee services rendered, the Client shall pay Yvonne I. Froscher actual costs for all reimbursable expenses, including but not limited to graphics supplies, blue prints and reprographics, maps, messenger service, copies, field supplies, long distance telephone calls, highway tolls, and postage. Any travel expenses outside a sixty-mile radius of Yvonne Froscher's office shall include food, transportation, and lodging and shall be invoiced at direct cost. Facsimiles shall be billed at $.20/page, if sent from Yvonne I. Froscher's office. Facsimiles sent or received outside Yvonne I. Froscher's office shall be billed at actual cost. In-office copies and printed report pages shall be billed at $0.1 O/page. Mileage shall be billed at $0.32 per mile. Expenses as outlined in the previous paragraph shall not exceed $] 50.00. Any required land surveying, engineering coordination; hydrologic studies, and/or application fees shall be paid by the Client. Invoices for work performed and for reimbursable expenses shall be submitted by Yvonne I. Froscher approximately monthly. Client is responsible for making payments to Yvonne I. Froscher in accordance with this Agreement. Payment is due within 30 days from date of invoice. The Client shall notify Yvonne I. Froscher within five (5) days of any disputed charges, so that both parties can promptly resolve the disputed portion of the charges. The Client agrees to promptly pay the resolved amount of the disputed portion. Client shall be considered in default of the Agreement if Yvonne I. Froscher does not receive payment in full for invoiced services within 30 days of invoice date. Upon default, Yvonne I. Froscher shall suspend or tenninate services under this Agreement, without incurring liability for suspension of termination, until full payment has been received for all amounts due for services and expenses to include compensation for work in progress. Unpaid balances will be subject to interest at the rate of 1.5 percent per month starting 30 days from the date of invoice. Client and Yvonne I. Froscher may enter into specific contracts in addition to this Agreement for specific aspects of any future project(s) without voiding this Agreement. c. 3 All services to be provided as stated herein represent Yvonne I. Froscher's best judgment as an experienced qualified Environmental Consultant. However, Yvonne I. Froscher cannot and does not guarantee that agreements, bids, permits, approvals or other requests will be granted or accepted by governmental or other reviewing organizations. It is understood and agreed by Client that procurement of any of the above-named requests is not a condition for compensation to Yvonne I. Froscher. Yvonne I. Froscher shall be liable, in either contract or tort, only to the extent of the agreed upon fee for the services rendered by Yvonne I. Froscher pursuant to the terms of the Agreement and only to the proportional extent of work on the project. Upon default by the Client, it may become necessary for Yvonne I. Froscher to collect fees and expenses due. Client agrees to pay reasonable attorney fees for collections, trial and appeal, including cost and interest. It is the intention of this Agreement that the services proposed herein be performed at the pleasure of the Client. These services shall be considered terminated upon Yvonne l. Froscher's receipt of written termination notice from Client. In the event of termination, Client shall reimburse Yvonne I. Froscher for all out-of-pocket expenses and work performed to the date of termination as determined by Yvonne 1. Froscher. If not executed by Client and received by Yvonne I. Froscher within thirty (30) days, this Agreement may be revised, withdrawn, or modified by Yvonne I. Froscher. Acceptance of Agreement: If this contract meets with your approval, please sign in the appropriate spaces below and fill in the required address. Return an executed copy to Yvonne I. Froscher for her file. vonne I. Froscher, Environmental Consultant Taxpayer Identification Number: 392-50-9387 5-29~CJG Date As CLIENT, I hereby agree to the above contract and clauses: I?~~~/~ .Kuthorized Signature ' J-..2~'O::L. Date Ronald w. McLemore~ City Manager Name and Title (printed clearly or typed) THANK YOU FOR THE OPPORTUNITY TO SUBMIT A PROPOSAL FOR ASSESSMENT OF THE CITY'S ARBOR ORDINANCE. yifyif 002\word\corresp\winterspgs\treeord\020529p.doc/hard copy via hand delivery