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HomeMy WebLinkAboutAgreement_General_4/13/2023_Kimley Horn FL DEO Community PlanningKimley>>> Horn February 8, 2023 Jeremy Allen Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469-0273 Re: Professional Services Agreement; Florida Department of Economic Opportunity Community Planning Technical Assistance Grant — Utility Undergrounding Master Plan Dear Mr. Allen: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter agreement ("Agreement') to the Village of Tequesta ("Client') for the preparation of a Florida Department of Economic Opportunity ("DEO") Community Planning Technical Assistance Grant (CPTAG) Application for the FY 2023-24 grant funding period. Project Understanding DEO is allocated funding for CPTAGs annually by the Florida Legislature to assist local governments with community planning activities. The Client has requested that Kimley-Horn prepare an application for a CPTAG to request funding from DEO for the FY 2023-24 grant cycle to offset the costs of preparing a Utility Undergrounding Master Plan. Scope of Services Kimley-Horn will provide the services specifically set forth below. Task 1 — Grant Application Preparation A. Kimley-Horn will host a virtual kick-off call with the Client to understand project details and budget. B. Kimley-Horn will prepare the grant application request which will include the following components: 1) Letter Request, signed by the Village Manager or Chief Elected Official, that includes: a) The specific project and its importance to the community. b) The product that would be produced as a result of receiving the funding. c) The total amount of funding requested. 2) Scope of Work that describes: a) The deliverables. b) The due date for each deliverable. c) The minimum level of service for each deliverable. d) The anticipated cost or payment amount for each deliverable. 8!'0 S:,ut-iwest 2°d Avenue, Suite 100. Gainesville, FL 326C1 Kimley>>> Horn Page 2 3) Budget that outlines the anticipated expenditures by category and whether reimbursement for indirect costs will be sought. C. Kimley-Horn will review the draft grant application request with the Client in a virtual meeting. Kimley-Horn will make one revision to the draft grant application request following the review meeting, if necessary. Task 2 — Grant Application Submittal and Monitoring A. The Consultant will rely upon the appropriate Client representative as the responsible party for signing documents in an expeditious manner in order to meet the application deadline. B. The Consultant will email the grant application request to DEO as required under the grant. C. The Consultant will monitor the evaluation process of DEO and apprise the Client of the status of award notifications. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: 1. In -person meetings 2. Other tasks not specifically outlined above Information Provided by Client Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. Responsibilities of Client In addition to other responsibilities set out in this Agreement, the Client shall: 1. Provide requested materials in a timely fashion as requested by the Consultant, including signing the application and providing it to the Consultant prior to the application deadline. Schedule Kimley-Horn will provide our services as expeditiously as practicable with the goal of meeting the 2023 deadline (the estimated deadline is early -mid April 2023). Fee and Expenses Kimley-Horn will complete the above scope of services on a Lump Sum fee basis of $3,500. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. 800 Southwest 211 Avenue, Suite 100. Gainesville. FL 32601 Kimley>>> Horn CLOSURE Page 3 In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client' shall refer to the VILLAGE OF TEQUESTA. To expedite invoices and reduce paper waste, Kimley-Horn submits invoices via email in an Adobe PDF format. A paper invoice can be provided via USPS upon requesnnt. Please provide the following information: JVapPlease email all invoices to ACJ 4r -, N A/ Please copy If you concur in all the foregoing and wish to direct us to proceed with the services, please have an authorized person sign this Agreement and return to us. We will commence services only after we have received a fully executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. By: Allison Megrath, AICP, CNU-A Chris Towne, P.E. Project Manager Assistant Secretary Attachments: Request for Information; Standard Provisions VILIaAGE OF TEQUESTA (By:,Aignature) U A .Q�� O,-, (Name/ \ : Printed or Ty ed) `` � 1k (Title) f '� ((D�-aattte))"�TT� e o,. aJ A-e-wvQs a (Email) K.\GVL_MISC\New BusinesslPublic Sector\Tequ sta\2023\ADM\CPTAGILetter Agreement_ DEC CPTAG Utility Underground Master Plan_Village of Tequesta.docx PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT ImcwiIIiams@tequesta.orp, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."