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Home My WebLink About2003 04 28 Consent K Yvonne Froscher's Services COMMISSION AGENDA ITEM K CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR 4/28/03 Meeting MGR.fJ....--- /DEPT Authorization REQUEST: The Community Development Division is requesting the City Commission to authorize a supplemental appropriation in the amount of $21,000 from the Arbor fund balance to account 110-54685- for unplanned expense and new projects. PURPOSE: The purpose ofthis item is to obtain Commission approval to allocate supplemental appropriations to cover payment of $3,300 for Yvonne Froscher's services as an Environmental Consultant to the Arbor Advisory Committee and $17,700 dollars to complete desired arbor projects. CONSIDERATIONS: 1. $5,000 was appropriated for arbor improvements in the FY 03 budget. 2. The fund balance in the arbor fund has grown dramatically during the year to $92,000 due to development activity. 3. Unplanned expenditures in the amount of $3,300 were approved by the commission for consulting assistance to the Arbor Advisory Committee. 4. Staff desires to complete several worthy projects that were not budgeted as follows: Tuscora Road Right Of Way Planting $4,000 Sheoah Road Right of Way Planting $2,000 Pearl and Alton Road Right of Way Planting $5,400 Pearl and Alton Road median planting $5,200 Miscellaneous planting $1,100 $17,700 1 FUNDING: A supplemental appropriation from the arbor fund is requested for these expenditures as follows: Arbor Committee Consultant $3,300 Desired Projects $17,700 $21,000 RECOMMENDATION: Staff recommends The City Commission approve the supplemental appropriation in the amount of $21,000 to cover payment of Yvonne Froscher's consulting fees and completion of Tuscora Road right of way plantings, Sheoah Boulevard plantings, Pearl and Alton Road, the medians on Pearl Road and six sites for citizens planting on rights of ways in the city. ATTACHMENTS: Attachment # I Executed contract between the city and Yvonne F roscher for consulting services. Invoice dated 4/3/2003 from Yvonne Froscher for consulting services rendered to the city. Attachment # 2 COMMISSION ACTION: 2 .4 t ... .:.1('; ATTACHMENT If 1 f qJ UOtltle 9. CCJ~o~che~ Environmental Consultant PROPOSAL/CONTRACT FOR SERVICES RE: City of Winter Springs Arbor Ordinance Review and Recommendations t DATE: May 29, 2002 TO: City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Attention: Michael Mingea, City Forester This proposaVcontract 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 -- 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 -- Meet with City attorney to understand their approach to developing the ordinance. TASK III -- 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. 1) 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 recommendations. 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. Froscher will 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. V'l7NTER SPRINGS, FLORIDA 32719-5305. (407) 327-2020. FAX (407) 327-1718 ..../. 1.../'t~.. '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 Client. In addition to payments provided for the basic and additionCiI 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 $O.IO/page. Mileage shall be billed at $0.32 per mile. Expenses as outlined in the previous paragraph shall not exceed $150.00. 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 terminate 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. :r~ . I ~'f. . 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, penn its, 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 ternlS 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 perfonned at the pleasure of the Client. These services shall be considered tenninated upon Yvonne I. Froscher's receipt of written termination notice from Client. In the event oftennination, Client shall reimburse Yvonne I. Froscher for . all out-of-pocket expenses and work performed to the date oftennination as detennined by Yvonne I. 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 ~29-CJG Date As CLIENT, I hereby agree to the above contract and clauses: . . . ~~~.~ ~ . '.. :::z=. uthorized.Signature. . J-..2>" 0 ~ Date . Ronald W. McLemo!~; City Manager Name and Titlt; (printed Clearly or typed) THANK YOU FOR THE OPPORTUNITY TO SUBMIT A PROPOSAL FOR ASSESSMENT OF THE CITY'S ARBOR ORDINANCE. yif:yif 002\word\corresp\winterspgs\treeord\020529p.doc/hard copy via hand delivery . -:;r......:...<;>>. ATTACHMENT 112 INVOICE gJl10vme 9. gho~cheh Environmental Consultant DA TE: April 4, 2003 RE: City of Winter Springs Tree Ordinance Contract dated May 29,2002 TO: City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 Attn: RonaldW. McLemore-City Manager DATE Various 10/2l/02 11/16/02 11/18/02 12/2/02 12/6/03 l/6/03 1/22/03 2/3/03 2/26/03 3/3/03 3/6/03 3/10/03 DESCRIPTION OF SERVICES Review existin ordinance, literature, other tree ordinances Tree ordinance review adviso committee meetin Pre aration for resentation Tree ordinance review adviso committee meetin Tree ordinance review adviso committee meetin 2" cut revisions to tree ordinance Tree ordinance review adviso committee meetin Tree ordinance review adviso committee meetin Tree ordinance review adviso committee meetin Tree ordinance review adviso committee meet in Pre aration of adviso board recommendations Preparation for 2" presentation of Froscher recommendations-Tree ordinance review adviso committee meetin Finalization of recommendations Submittal of recommendations to Ci Total Hours SUMMARY OF CHARGES 61.5 HOURS 945 COPIES 58 miles THANK YOU for the opportunity to assist with the Winter Springs Tree Ordinance. am:yif ~~ 7.0 .5 61.5 AMOUNT $3,216.00 $94.50 18.56 $3,329.06 ~ r;;7~ /~ 002\word\corresp\ Wintersprings\treeord\030314i.doc/via USPS Po. BOX 195305. W7NTERSPR/NGS, FLORIDA 32719-5305e (407) 327-2020e FAX (407) 327-1718