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HomeMy WebLinkAbout2001 02 07 - Consultant Services AgreementOffice of General" Services Adfninistrator (ADD7SIONOF7NL• OFFICE OFTHE cnT.1bWAGER) 1225 MAIN STREET - SEBASTIAN. FLORIDA 32958 TELEPHONE (561) 388 - 8241 FAX (561-581-0149 E-mail= pwagnerr7citvofsebaslian.org NOTICE TO PROCEED SKATE PARK CONSULTANT SERVICES DATE: February 7, 2001 TO: Mr. John Woodstock, Consultant John Woodstock Design 18544 127th Drive North Jupiter, Florida 33478 You are hereby notified to commence work in accordance with the fully executed Agreement dated, February 7. 2001, on February 7. 2001, entitled Skate Park Consultant Services Agreement, pertaining to certain consulting services pertaining to the City of Sebastian Skate Park Project, in the amount of $30,000. Any and all substantial communication pertaining to this project shall be communicated with Mr. Ralph Brescia, P.E.. Project Manager for the City of Sebastian Paul Wagner, eral Services Administrator cc: Terrence Moore, Ralph Brescia, SKATE PARK CONSULTANT SERVICES AGREEMENT THIS AGREEMENT made this I day of 3ary, 2001, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and John Woodstock d/b/a John Woodstock Design, 18544 127th Drive North, Jupiter, Florida 33478 ("Consultant"), sets forth that WHEREAS, the City desires to engage a Consultant who has special and unique competence and experience in designing skate parks; and WHEREAS, the Consultant represents that he has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Consultant in accordance with the requirements of law; and WHEREAS, the City and the Consultant desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE, AGREED as follows: 1. TERM. This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Preliminary Design and Proposal submitted by Consultant, Work Orders, Change Orders, and any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. (a) Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 1 (b) Construing Terms This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONSULTANT. The City hereby agrees that it shall engage the Consultant and the Consultant hereby agrees to perform professional services for the City in designing and supervising installation of a skate park in accordance with the proposal described in Exhibit "A", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION. The City will pay the Consultant the fixed amount of thirty thousand dollars ($30,000) payable in two equal installments, the first paid upon issuance of the Notice to Proceed and the final payment upon completion of the Project as set forth below. 5. RELEASES. When it is determined, as a result of a joint inspection of the Work by the Consultant and Project Manager that the Work has been completed in accordance with the terms of the Contract Documents, the Project Manager shall certify completion of the Work to the City. At that time, the Consultant may submit the Consultant's final request for payment. Prior to final payment, the Consultant shall execute and deliver to the City an Affidavit and Release of Claim for all claims against the City arising under or by virtue of the work order, and shall execute all required documentation. 6. PROJECT SCHEDULES. The Consultant shall perform the services outlined under this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Consultant. No extension of time shall be valid unless given in writing by the City. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Consultant. In the event that the Project Manager shall become aware of any condition which may be cause for suspension of the Work, the Project Manager shall immediately advise the Consultant of such condition. The Consultant shall not suspend operations under the provisions of this Paragraph without the City's permission. Upon resolution of the circumstances leading to any such suspension, the resumption of the Project shall be scheduled at a mutually convenient time not to exceed six months, unless suspension occurred due to the fault of the Consultant, in which case the project shall be rescheduled at City's convenience. 7. CITY'S PROTECT MANAGER. City shall designate a Project Manager. All work done shall be subject to the review of the Project Manager. Any and all technical questions which may arise as to the quality and acceptability of work performed, or work to be performed as to the acceptable fulfillment of the Contract on the part of the Consultant shall be referred to the Project Manager for resolution of such questions. 8. PERSONNEL. All workmen provided by Consultant shall have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Consultant who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Consultant shall at all times be responsible for the conduct and discipline of his employees. 9. ASSIGNABILITY. The Consultant shall not assign any interest in this Agreement. 10. INDEMNIFICATION. The Consultant shall indemnify and save harmless the City, its agents, subConsultants, servants, and employees from and against claims, liability, losses, or causes of action to the extent arising from any misconduct, negligent act, or omission of the Consultant, its agents, servants or employees in the performance of services under this contract. 11. COMPLIANCE WITH LAW. The Consultant expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Consultant to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 12. WAIVER. The waiver by the City of any of the Consultant's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Consultant under this Agreement. 3 13. PUBLIC ENTITY CRIME The Consultant shall file a sworn statement with the City which is Attachment I, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 14. DRUG-FREE WORKPLACE. The contract documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 15. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder.. 16. INSURANCE. The Consultant agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Consultant shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Consultant shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. The insurance company selected shall be A or better per the Best's Key Rating Guide. The Consultant and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. The Consultant shall not cormnence work under this contract until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City. The Consultant shall carry and maintain until completion of the Project, insurance as specified herein and in such form as shall protect him and the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any one directly or indirectly employed by either of them. The Consultant shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of the Project as provided in the Contract. 4 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): _ G= Sally A. M06, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Signed, sealed and delivered in the presence of: 57 Name: (print) 1A I Q. e =:.�)I o z — THE CITY OF SEBASTIAN i Terrence 4R.ore, City Manager CONSULTANT: d/b/a John Woodstock Design e a ' � � �i DRUG-FREE WORKPLACE FORM The undersigned Consultant, in accordance with Florida Statute 287.087 hereby certifies that John Woodstock d/b/a John Woodstock Design does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. PUBLIC ENTITY CRMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form PUR. 7069, sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRRAES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. 7 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMIIVISTER OATHS. 1. This sworn statement is submitted with the Skate Park Consultant Services Agreement for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by John Woodstock d/b/a John Woodstock Design, whose business address is 18544 127th Drive North, Jupiter, Florida 33478. 3. My name is John Woodstock and my relationship to the entity named above is sole proprietor. 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g) Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who 8 knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending wWrt�e Department of General Services_) ��iJJ©1Q 9 STATE OF FLORIDA • • � �/ i iii The foregoing instrument was acknowledged before me this qday of 2001 by John Woodstock. He/she is personally known to me or has produced �( e,✓SG as identification and did Qiid not ) tak oath. (No ary Signature Name: ,' Harald A UvIer My CommissionExpires:;': 87 1, 2004 Commission Number: A,l,m,c R—ed g . rm. 10 01/25/2001 11:12 5616260810 TOM HIRSCH PAGE 01/01 y C'OrFy Y `/ID y, d7. .. ,'S Wi as sb •. DATE (MIIII k 'k' 1/25/01 PRODUCER 'M!T•i. A 4, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION R.V. Johnson Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2041 East Ocean Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Stuart, FL 34996 ALTER THE COVERAGE AFFORDED 9Y THE POLICIES BELOW. 561 626-0952 COMPANIES AFFORDING— COVERAGE "-`.. COMPANY _... _ A Old Dominion Insurance Company �..� John Woodstock COMPANY Bridge£ield Employe_r_s Insurance Company John Woodstock Design _B - 18544 127th Drive North COMPANY C Jupiter, FL 3347$ -- -- --- COMPANY D ,� 13 Y A d6 t5x ., .. .e'YAi. m"k& >, G3£ . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW INDICATED, . HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION -..� DATE(MMJOWM DATE(MMIOONY) LIMBS GENERAL LIABILITY 8 GENERALAOGREGATE S 2,000, O_ DC C_OMMERCIALGENERALLIABILRY' -, CLAIMS MADE 0. OCCUR MYG 33819 11/26/00 11/26/01 PRODUCTB-COMPIOPAGG 5 1.0_00.000. F" I7 _PERSONAL AADV IMIURY s 1-�000R,OR, 00,- _. OWNBR'6 d CONTFVICIOR'9 PRdf EACH OCCURRENCE S 1 OOO GOO. FIRE DAMAGE (Any we II $ ._— MED EXP An oft, eIw000.- AUMMOBILE LIABILITY ANYALITO COMBINED SINGLE LIMIT S �_ ALL OWNED A1,708 — SCHEDULED AUTO$ ) BODILY INJURY (pe, Pp, ) I5 HIRED AUTOB --� NON4WNED AUTOS BODILY INJURY' (Pe. gP01 M) § PROPW DAMAGE S ' V GARAGE LIABILITY 7ANV AUTO AI ONLY. EA ACCIDENT S _ OTHER THAN AUTO ONLY: -- -••— EACH ACCIDENT S AGGREGATE 5 EXCESS LIABILITY EACH OCCURRENCE § UMBRELLA FORM —^}• AGOREOATE —~ ------'-- § OTHER THAN UMBRELLA FORM 5 WORKERS COMPENSATION AND EMPLOYERS' UABIUTY TSW+DPY 1,APnfTc 0TH• B - PARTHETHE VIETOR/ INCL —NE PARIGE118 830-23953 10/7/00 10 /7/01 EL EACH ACCIDENT § 100.000,..-_- EL DISEASE -POUCV LIMIT S 500 000. RE! OPFICEH8 AFIE'. JL EXGL ELDISEASE-EAEMPLOYEE § 100 000. OTTER I OESCNIPTION OF OPERATIONS/40CgT70NSNEHICLES/BPECIALIIEMS City of Sebastian SHOULD ANY OF THE ABOVE DESCRIBED 0011115 BE CANCELLED BEFORE THE 1225 Main Street EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Sebastian, FL 32958 30._- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEPT-. BUT FAILURE TO MAI, SUCH NOTICE SNALL IMPOSE NO OBLIGATION OR UASIUIYY Fax: 561 589-6209 OF ANY XINO UPON THE COMPANY, ITS AUENTS OR REPRESENTATIVES. 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