Title
MOTION TO APPROVE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MILLER LEGG & ASSOCIATES, INC. FOR PROFESSIONAL ENVIRONMENTAL AND SUPPORT SERVICES, INCREASING THE ANNUAL CONTRACT AMOUNT TO AN AMOUNT NOT TO EXCEED $260,000.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinance is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.18 of the City's Code of Ordinances is titled "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- Section 35.18(C) states that "Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:"
- Section 35.18(C)(2) states “Contracts for professional services involving peculiar skill, ability, experience or expertise, which are in their nature unique and not subject to competitive bidding, or competitive proposals, are exempt from this section; however, state laws, such as the Consultants’ Competitive Negotiation Act of the state statutes, as may be amended from time to time to the extent applicable, shall be followed.”
- Florida Statute (F.S.) 287.055 is known as the “Consultant’s Competitive Negotiation Act” (CCNA).
- F.S. Section 287.055(2)(a) defines Professional services as “those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice.”
- Section 35.21(A)(1) of the City’s Code of Ordinance states, "An initial purchase of, or contract for, commodities or services, in excess of $100,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed."
- Section 35.28 of the City's Code of Ordinances is titled "CHANGE ORDERS."
- Section 35.28(B) states that "Notwithstanding the provisions of division (A) above, the City Manager is not authorized to approve a change order without authorization of the City Commission where the initial purchase required the City Commission's approval and where the sum of all change orders issued under the contract exceeds 10% of the original contract amount or $25,000.
SUMMARY EXPLANATION AND BACKGROUND:
1. On June 18, 2025, the City Commission approved a professional services agreement with Miller Legg & Associates, Inc. for Professional Environmental and Support Services in an annual amount not to exceed $200,000 for services on an as-needed basis, which may include:
A) Windmill Reserve - Mitigation due diligence services.
B) Windmill Reserve - Environmental permit applications and related services required to obtain City permits.
C) City Nursery Parcel - Environmental permit applications and related services required to obtain City permits.
D) Pines/196th Parcel - Environmental permit applications and related services required to obtain City permits.
E) Holly Lake - Environmental permit applications and related services required to obtain City permits.
F) Eagles Nest Parcels - Environmental permit applications and related services required to obtain City permits.
G) Wetland bank analysis and support in the procurement of wetland mitigation credits.
H) Environmental permitting program management and oversight.
2. General Environmental Services that Miller Legg & Associates, Inc. may perform under this agreement include, but are not limited to:
A) Providing Environmental Scientist and Biologist services for wetland field evaluations and Unified Mitigation Assessment Method (UMAM) scoring calculations.
B) Preparing mitigation impact exhibits and documentation for submission to relevant Environmental Permitting Agencies.
C) Attending meetings with Environmental Agency Representatives.
D) Participating in project meetings with City staff and other City consultants.
E) Managing City multi-disciplinary environmental projects.
F) Conducting field inspections, providing construction management services, and fulfilling final certification requirements as stipulated by permitting agencies.
3. The agreement is for an initial four-year period commencing on June 24, 2025 through June 23, 2029, with one additional two-year renewal option and may be terminated by the City for convenience, upon providing 30 calendar days of written notice.
4. Administration has determined that an increase in the annual contract amount is necessary to accommodate environmental permitting, mitigation, compliance, and support services on an as-needed basis. Accordingly, Administration recommends increasing the annual contract amount from $200,000 to $260,000.
5. Request Commission to approve the first amendment to the professional services agreement with Miller Legg & Associates, Inc. for Professional Environmental and Support Services, increasing the annual amount from $200,000 to an amount not to exceed $260,000.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $60,000 (increase to the existing annual contract amount for services to be utilized on an as-needed basis).
b) Amount budgeted for this item in Account No: None.
c) Source of funding for difference, if not fully budgeted: These services are provided on an as-needed basis. Therefore, prior to commencing any specific project, funds will be identified and allocated under Object Code # 531500 (Professional Services - Other) within the appropriate division.
d) 5 year projection of the operational cost of the project: The agreement will be for a four-year period with one additional two-year renewal option.
|
|
Year 1 |
Year 2 |
Year 3 |
Year 4 |
Year 5 |
|
Revenues |
N/A |
N/A |
N/A |
N/A |
N/A |
|
Expenditures |
$260,000 |
$260,000 |
$260,000 |
$260,000 |
N/A |
|
Net Cost |
$260,000 |
$260,000 |
$260,000 |
$260,000 |
N/A |
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.