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Res No 102-24-16207RESOLUTION NO. 102-24-16207 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSAL AND PROJECT AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. TO PROVIDE AN ASSESSMENT AND REPORT OF THE HV AC SYSTEM AND OTHER PROFESSIONAL SERVICES FOR THE GIBSON-BETHEL COMMUNITY CENTER IN THE AMOUNT OF $21,590; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 287. 055, Florida Statutes (also known as the Consultants' Competitive Negotiation Act) (the "CCNA"), on May 3, 2022, the City Commission of the City of South Miami (the "City") adopted Resolution No. 056-22-15809, authorizing the City Manager to enter into a continuing professional services agreement (the "Agreement") with Kimley-Hom and Associates, Inc., ("Consultant") to provide general engineering services on as-needed basis (the "Services"); and WHEREAS, the City desires the Services of Consultant for the professional assessment of the HV AC system at Gibson-Bethel Community Center, including building envelope review, and examination of accessible pipping in the building for leaking pipes, fittin~, or fixtures (the "Project"); and WHEREAS, in accordance with the provisions of the Agreement and the CCNA, the Consultant has provided the City with a proposal (the "Proposal") attached hereto as Exhibit "A," to provide the Services for the Project in the amount of$21,590; and WHEREAS, in order to implement the Project, the City Commission desires to approve and authorize the City Manager to enter into the Project Agreement with the Consultant, in substantially the form attached hereto as Exhibit "B," to provide the Services for the Project in the amount of$21,590 based on the Consultant's Proposal attached hereto as Exhibit "A"; and WHEREAS, the cost of the Project will be funded from Parks & Rec. Capital Improvement Account No. 301-2000-572-6450, which has a balance of $2,774,142 prior to this request, or such other funding source(s) as determined by the City Manager to be in the best interest of the City; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: Res . No. 102-24-16207 Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Approval of Proposal and Project Agreement. The Consultant's Proposal attached hereto as Exhibit "A" and the Project Agreement attached hereto as Exhibit "B " are hereby approved. Section 3. Authorization. The City Manager is hereby authori zed to execute the Project Agreement with the Consultant, in substantially the form attached hereto as Exhibit "B," for the provision of the Services for the Project in the amount of $21 ,590 based on the terms of the Agreement and the Proposal attached hereto as Ex hibit "A," subject lo the final approval of the City Manager and City Attorney as to form, content, and legal sufficiency. The City Manager is hereby authorized to charge the costs of the Services for the Project to Parks & Rec. Capital Improvement Account No. 301-2000-572-6450, which has a balance of $2,774,142 prior to this request, or such other fundin g source(s) as determined by the City Manager to be in the best interest of the City; and. Section 4. Implementation. The City Manager is authori z ed to take any and all actions necessary to implement the Project Agreement and the purposes of this Resolution. Section 5. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 6. adoption. Effective Date. This Resolution shall become effective immediately upon PASSED AND ADOPTED this 20th day of August, 2024. ATTEST: Cl~~ READ Al-I: PROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION TIIEREOF ' .. CITY ATTORNEY M~R COMMISSION VOTE: 4-0 May or Fernandez: Vice Mayor Bonich : Commissioner Calle: Yea Absent Yea Commissioner Liebman : Yea Commissioner Corey: Yea Page 2 of2 Agenda Item No:3. City Commission Agenda Item Report Meeting Date: August 20, 2024 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSAL AND PROJECT AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. TO PROVIDE AN ASSESSMENT AND REPORT OF THE HVAC SYSTEM AND OTHER PROFESSIONAL SERVICES FOR THE GIBSON-BETHEL COMMUNITY CENTER IN THE AMOUNT OF $21,590; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PARKS, RECREATION & CULTURE DEPT.) Suggested Action: Attachments: Memo-HVAC_Assessment (1).docx 49E409102-Resolution Approving Kimley-Horn Project Agreement-Gibson-Bethel HVAC Assessment.DOCX Exhibit A - Kimley-Horn & Associates, Inc..pdf 49E4113-Project Agreement Kimley-Horn - Gibson-Bethel HVAC Assessment.DOCX Res No 056-22-15809.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Genaro “Chip” Iglesias, City Manager DATE:August 20, 2024 SUBJECT:Assessment of HVAC system at the Gibson-Bethel Community Center ($21,590) RECOMMENDATION:Approve a proposal and project agreement with Kimley-Horn and Associates, Inc. for $21,590 to provide an assessment and report of the HVAC system, building envelope, and accessible piping for leaks at the Gibson-Bethel Community Center. BACKGROUND:Pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, and as the next firm in rotation, City staff intends to engage Kimley Horn for professional consulting services. These services will include an assessment of the HVAC system, a review of the building envelope, and an examination of accessible piping for leaks at the Gibson-Bethel Community Center. The objective of the assessment is to determine if the HVAC system is contributing to mold growth within the building and to provide recommendations for mitigating any additional mold growth. Additionally, the evaluation will include the building envelope, which serves as the physical barrier between the conditioned (indoor) and unconditioned (outdoor) environments, as well as an inspection of accessible piping for any leaks in pipes, fittings, or fixtures. Upon completion, the consultant will prepare and provide a comprehensive assessment report. MOLD MITIGATION PROGRESS:A detailed mold report was conducted at the Gibson-Bethel Community Center. The report includes air analysis results from multiple locations throughout the building, as well as surface samples taken from areas such as water fountains, bathroom doors, and ceilings. In summary, while most indoor air samples were normal, the abnormal admin office air sample combined with surface samples confirming mold growth in several areas indicates there are likely active mold issues requiring remediation in parts of the building. 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Staff scheduled a mold abatement job that was conducted on Sunday, July 14, 2024. The details of the planned work included: Spraying of Decon 30 Benefect: This botanical disinfectant was applied to affected areas to eliminate mold and prevent its recurrence. Air Filtration: HEPA 500 and HEPA 700 air filtration units were used to capture airborne mold spores and improve air quality. Photocatalytic Hydroxyl Generators with Maximizers: These devices were deployed to neutralize airborne contaminants and further reduce mold spores. Electrostatic Disinfecting: Electrostatic disinfecting was performed throughout the premises to ensure all surfaces were thoroughly sanitized. Sanitizing and Disinfecting: All rooms on the first and second floors were sanitized and disinfected to create a safe and healthy environment. Additionally, staff removed the water fountain in the basketball gymnasium, replaced the damaged pipe, and installed new drywall in the affected area. These measures were taken to temporarily mitigate the mold problem while we await the HVAC system assessment and subsequent recommendations. It is believed that the forced air circulation is unbalanced throughout the community center, which is causing mold to develop in the facility. VENDOR:Kimley-Horn and Associates, Inc. EXPENSE:$21,590 FUND ACCOUNT:Parks & Rec. Capital Improvement – account number 301-2000-572-6450, which has a current balance of $2,774,142. ATTACHMENT(S):Resolution Exhibit A - Kimley-Horn and Associates, Inc. Proposal Exhibit B – Project Agreement Professional Service Agreement - Resolution #056-22-15809 3 EXHIBIT A GBCC HVAC SYSTEM ASSESSMENT KIMLEY-HORN AND ASSOCIATES, INC 6 kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460 June 24, 2024 Mr. Quentin Pough, CPRP Director of Parks, Recreation & Culture City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Professional Services Agreement Gibson-Bethel Community Center South Miami, Florida Dear Quentin: Kimley-Horn and Associates, Inc., (Kimley-Horn”, or “Consultant”) is pleased to submit this Proposal (the “Agreement”) to City of South Miami (“the Client”) for professional consulting services associated with the above referenced “Project”. All work under this scope will be in accordance with the terms and conditions of Professional General Engineering and Architectural Services RFQ # PW2022-03. Our project understanding, scope of services, assumptions, schedule, and fees are provided herein. Project Understanding The Gibson-Bethel community center located at 5800 SW 66th street was built in 2002 and has recently developed mold and moisture issues in several location within the building. Measurements taken as part of another consultant’s report regarding relative humidity in the building revealed that several areas had levels ranging from 60% to 74%. An assessment of the HVAC systems will be performed to evaluate if HVAC equipment may be contributing to the mold growth. If required, provide recommendations to mitigate the development of mold in the future. Base Scope of Services Kimley-Horn will provide the services specifically set forth below. Task 110 – Facilities Walkthrough Upon receipt of the Client provided MEP plans/as-built, Kimley-Horn shall coordinate the following items: • Kimley-Horn will review the drawings available to become familiar with the property and its operating characteristics (As applicable) • Request Site Access from the Client and Facility Personnel • Schedule the site visit with Facility Personnel • Conduct the facility walkthrough. • Record temperature, relative humidity and TVOCs in various locations (up to 10 readings) • Observe and obtain field pictures of the HVAC design and operations. • Conduct interview facility maintenance staff regarding any other relevant information required for the facility survey. It is possible that follow-up discussions may be necessary to corroborate data following further review. Those will be conducted remotely. 7 Page 6 kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460 The facility walkthrough will be conducted during a single site day visit and consist of one (1) Kimley-Horn mechanical engineering representative. Facility personnel will be required to escort the representative throughout the building and provide access and information related to the existing mechanical systems and general function of the building. Task 120 – HVAC Assessment and Report Upon completion of Task 110, Kimley-Horn will prepare a memorandum of findings and provide to the Client for review. The objective of the assessment is to evaluate if the HVAC systems may be contributing to the mold growth within the building and to provide suggestions to mitigate additional contributions to mold growth in the building. In addition, we will also provide suggestions to further improve air quality. Recommendations may include: • Humidity Control strategies • Control system setpoints or operations changes • Equipment replacement and/or redesign • Equipment Maintenance • Design and installation of 100% outside air unit • Recommissioning of select equipment and systems • Rebalance building Ventilation Rates • Implement demand control ventilation sequence • Filtration enhancements • Limited air quality monitoring in occupied spaces. • UV-C lighting in select areas or equipment • Air Quality Promotional Systems In addition to examining the HVAC equipment, Kimley-Horn will also examine a representative sample of accessible piping in the building for leaking pipes, fittings, or fixtures. Pipes concealed underground, within walls or above hard ceilings will not be examined. No design drawings will be provided as part of our scope of work. Kimley Horn may provide engineering fees of recommendations upon request by City of South Miami. This task includes up to two (2) – 1-hour virtual meetings with the appropriate facility and Client personnel to discuss preliminary findings at the completion of the HVAC assessment report and to request additional information that may be required from the observations and data collection performed above. The deliverable report will be a singular report. Task 130 – Building Envelope Review Kimley -Horn will retain a sub consultant that will provide a review of the existing building documents, perform a site visit and provide recommendations for remediation of the existing structure. Upon receipt of the Client provided Architectural plans/as-built, Kimley-Horn shall coordinate for their sub- consultant following items: • Kimley-Horn’s consultant will review the drawings available to become familiar with the property • Request Site Access from the Client and Facility Personnel • Schedule the site visit with Facility Personnel • Conduct the facility walkthrough. 8 Page 6 kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460 • Observe and obtain field pictures as required. • Conduct interview facility maintenance staff regarding any other relevant information required for the facility survey. It is possible that follow-up discussions may be necessary to corroborate data following further review. Those will be conducted remotely. The facility walkthrough will be conducted during a single site day visit and consist of one (1) Kimley-Horn third-party representative. Facility personnel will be required to escort the representative throughout the building and provide access and information related to the existing mechanical systems and general function of the building. This task includes up to two (2) – 1-hour virtual meetings with the appropriate facility and Client personnel to discuss preliminary findings at the completion of the envelope assessment report. The deliverable report will be a singular report. Information Provided by Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information requested by Kimley- Horn during the project, including but not limited to the following: • Building architectural and engineering plans in paper or electronic format. • Any existing as built plans, drawing or electronic files of these. • Building maintenance logs and expenditures. • Building Access Schedule We will provide our services as expeditiously as practicable with the goal of providing assessment report up to 3 weeks after site visit. Fee and Expenses Kimley-Horn will perform the services in the following task for the total lump sum fee below. All permitting, application, and similar project fees will be paid directly by the Client. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Task 110 – Facility walkthrough $4,100 Task 120 – HVAC Assessment and Report $9,970 Task 130 – Building Envelope Assessment $7,520 Total Lump Sum Fee $21,590 In addition to the total lump sum fee and hourly fees, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.05 times cost. A percentage 9 Page 6 kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460 of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. All permitting, application, and similar project fees will be paid directly by the Client. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to City of South Miami. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, offers its clients the option to receive electronic invoices. These invoices come via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: ____ Please email all invoices to ___________________________ ____ Please copy _______________________________________ If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute two copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. Consultant will commence services only after Consultant has 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 so that we can get started, 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. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Signed: Signed: Printed Name: Julio A. Collier, PE Printed Name: Albert W. LaPera Title: Vice President Title: Project Manager 10 Page 6 kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460 City Of South Miami SIGNED: PRINTED NAME: TITLE: DATE: Client’s Federal Tax ID: Client’s Business License No.: Client’s Street Address: 11 Page 6 kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460 WORK BREAK DOWN FEE SCHEDULE PROJECT: Gibson-Bethel Community Center DATE: 6/14/24 CLIENT: City of South Miami Description: HVAC Assessment Tasks Principal Sr Project Manager Project Manager Sr Admin Assistant Line Total Task 110 - Facility Walkthrough 2 22 1 $4,100 Task 120 - HVAC Assessment and Report 8 50 1 $9,970 Task 130 – Building Envelope Assessment 4 40 $7,520 Total Hours 0 14 108 2 Labor rate ($/hour) $210 $190 $169 $85 Subtotal 0 $2,660 $18,252 $170 Page Total $21,590 12 PROJECT AGREEMENT Between CITY OF SOUTH MIAMI, FLORIDA And KIMLEY-HORN AND ASSOCIATES, INC. Gibson-Bethel Community Center HVAC Assessment and Report 1 of 1 PROJECT AGREEMENT Between CITY OF SOUTH MIAMI, FLORIDA and KIMLEY-HORN AND ASSOCIATES, INC . Project Name : Gibson-Bethel Community Center HVAC Assessment and Report Subject to the provisions contained in the "Professiona l Services Agreement for Professiona l General Engineering and Architectural Services" (hereinafter referred to as the "Professional Services Agreement") between the CITY OF SOUTH MIAMI, FLORIDA (hereinafter refer red to as "City") and KIMLEY-HORN AND ASSOCIATES, INC . (hereinafter referred to as "Consu ltan t") dated May 3, 2022, which Professional Services Agreement was competit ively procured through Request For Qualifications (RFQ) No. PW2022-03 in at)fildance wit h Section 287 .955 , Florida Statutes. This Project Agreement is made effective as of the ;:} day of A u5us::\ , 2024, and authorizes the Cons ultant to provide the services as set forth below: SECTION 1. SCOPE OF SERVICES 1.1 Consultant sha ll provide professional genera l e ng in eering and consulting services (the "Services") for the Gibson-Bethel Commun ity Center HVAC Assessment and Report (the "Project") in accordance with the terms and conditio ns of the Ag re ement. As part of the Services for th e Projec t, the Consultant shall complete th e tasks that are identified and described in the Pr oject Proposal attached hereto as Exhibit "1" (the "Proposa l") for th e City. 1.2 The City may request changes that wou ld increase, decrease, or otherwise modify the scope of services outlined under th e Proposal attached hereto as Exhibit "1." Such changes must be contained in a written change order execut ed by the parties in accordance with the provisions of t he Agreement, prior to any deviation from the terms of this Project Ag reement, inclu ding th e in itiation of any extra work. SECTION 2. DELIVERABLES 2.1 As part of th e scope of Services and Proj ect sch edule, the Consultant sha ll provide the City wi th the Deliverables identified in the Proposal atta ched hereto as Exhibit "1." SECTION 3. TERM/TIME OF PERFORMANCE/DAMAGE 3.1 Term . This Project Agreement shall commence on the date this instrument is fully exec uted by all parties and sha ll continue in fu ll force and effect until terminated pursuant to Section 6 herein or other appl icable provisions of the Agreement. The C it y Manager, i n hi s so le discretion, may extend the term of this Project Agreement through written notification to the Consultant. Such exte nsio n shall not exceed 90 days. No further extensions of this Agreement shall be effective unl ess aut horized by the City Manager. I of4 3.2 Commencement. Services provided by the Consultant under this Project Agreement and the time frames applicable to this Project shall commence upon the date provided in a written Notice to Proceed {"Commencement Date") provided to the Consultant by the City. The Consultant shall not incur any expenses or obligations for payment to third parties prior to the issuance of the Notice to Proceed. Consultant must receive written notice from the City Manager prior to beginning the performance of services. 3.3 Contract Time. Upon receipt of the Notice to Proceed, the Consultant shall provide the Services for the Project to the City on the Commencement Date and shall continuously perform the Services for the Project to the City, without interruption, in accordance with the time frames set forth In the Proposal attached and incorporated into this Project Agreement as Exhibit 11 1". The number of calendar days from the Commencement Date, through the date set forth in the Project Schedule for completion of the Project or the date of actual completion of the Project, whichever shall last occur, shall constitute the Contract Time. 3.4 All limitations of time set forth in this Project Agreement are of the essence. SECTION 4. AMOUNT, BASIS AND METHOD OF COMPENSATION 4.1 Compensation. Consultant shall be compensated for the provision of the Services for the Project in accordance with Exhibit 11 1" attached hereto. Consultant shall receive a total lump sum fee of $21,590 for the provision of the Services for the Project. 4.2 Reimbursable Expenses. All reimbursable expenses are included in the total compensation listed in Section 4.1 above. SECTION 5. BILLING AND PAYMENTS 5.1 Invoices 5.1.1. Compensation and Reimbursable Expenses. Consultant shall submit invoices which are identified by the specific project number on a monthly basis in a timely manner. These Invoices shall identify the nature of the work performed, the phase of work, and the estimated percent of work accomplished in accordance with the Payment Schedule attached hereto as Exhibit "1" and made part of this Project Agreement. Invoices for each phase shall not exceed amounts allocated to said phase plus reimbursable expenses accrued during each phase. The statement shall show a summary of fees with accrual of the total and credits for portions paid previously. 5.1.2. Florida Prompt Payment Act. The City shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the City Manager. 5.2 Disputed Invoices. In the event that all or a portion of an invoice submitted to the City for payment to the Consultant is disputed, or additional backup documentation is required, the City shall notify the Consultant within fifteen (15) working days of receipt of the invoice of such objection, modification or additional documentation request. The Consultant shall provide the City within five (5) working days of the date of the City's notice. The City may request additional information, including but not limited to, all invoices, time records, expense records, accounting records, and payment records of the Consultant. The City, at its sole discretion, may pay to the Consultant the undisputed portion of the invoice. The parties shall endeavor to resolve the dispute in a mutually agreeable fashion. 5.3 Suspension of Payment. In the event that the City becomes credibly informed that any representations of the Consultant, provided pursuant to Subparagraph 5.1, are wholly or partially 2of4 inaccurate, or in the event that the Consultant is not in compliance with any term or condition of the Agreement or this Project Agreement, the City may withhold payment of sums then or in the future otherwise due to the Consultant until the inaccuracy, or other breach of Agreement or Project Agreement, and the cause thereof, is corrected to the City's reasonable satisfaction. 5.4 [INTENTIONALLY OMITTED] 5.5 Final Payment. Submission to the Consultant's invoice for final payment and reimbursement shall constitute the Consultant's representation to the City that, upon receipt from the City of the amount invoiced, all obligations of the Consultant to others, including its consultants, incurred in connection with the Project, shall be paid in full. The Consultant shall deliver to the City all documents requested by the City evidencing payments to any and all subcontractors, and all final specifications, plans, or other documents as dictated in the Proposal, Scope of Services, and Deliverables. Acceptance of final payment shall constitute a waiver of all claims against the City by the Consultant. SECTION 6. TERMINATION/SUSPENSION 6.1 For Cause. This Project Agreement may be terminated by either party upon five (5) calendar days written notice to the other should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination and fails to cure the failure to perform within such five (5) day period. In the event that Consultant abandons this Project Agreement or causes it to be terminated by the City, the Consultant shall Indemnify the City against any loss pertaining to this termination. In the event that the Consultant is terminated by the City for cause and it is subsequently determined by a court by a court of competent jurisdiction that such termination was without caus~. such termination shall thereupon be deemed a termination for convenience under Section 6.2 and the provision of Section 6.2 shall apply. 6.2 For Convenience. This Project Agreement may be terminated by the City for convenience upon fourteen (14) calendar days' written notice to the Consultant. In the event of such termination, the Consultant shall incur no further obligations in connection with the Project and shall, to the extent possible terminate any outstanding subconsultant obligation(s). The Consultant shall be compensated for all Services performed to the satisfaction of the City and reimbursable expenses incurred prior the date of termination. In such event, the Consultant shall promptly submit to the City Its invoice for final payment and reimbursement which invoice shall comply with the provisions of Section 5.1. Under no circumstances shall the City make payment of profit to the Consyltant for services which have not been performed. 6.3 Assignment upon Termination. Upon termination of this Project Agreement, a copy of all work product of the Consultant shall become the property of the City and the Consultant shall within ten (10) working days of receipt of written direction from the City, transfer to either the City or its authorized designee, a copy of all work product in its possession, including but not limited to designs, specifications, drawings, studies, reports and all other documents and data in the possession of the Consultant pertaining to this Project Agreement. Upon the City's request, the Consultant shall additionally assign its rights, title and interest under any subcontractor's agreements to the City. 6.4 Suspension for Convenience. The City shall have the right at any time to direct the Consultant to suspend its performance, or any designated part thereof, for any reason whatsoever, or without reason, for a cumulative period of up to thirty (30) calendar days. If any such suspension is directed by the City, the Consultant shall immediately comply with same. In the event the City directs a suspension of performance as provided herein, through no fault of the Consultant, the City shall pay the Consultant as full compensation for such suspension the Consultant's reasonable cost, actually incurred and paid, of demobilization and remobilization. SECTION 7. AMERICAN RESCUE PLAN ACT CONTRACT CONDITIONS. 3 of4 7.1 The Consultant acknowledges that the Services authorized under this Project Agreement may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act ("ARPA"). Towards that end, the Consultant shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Addendum. If compliance with the ARPA Addendum is required, the City shall select this box: □. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 4of4 IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement executed as of the day and year as first stated above. ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Cl~4 - WITNESSES: CITY: CITY OF SOUTH MIAMI, FLORIDA, a Florida Municipa Corporation CONSULTANT: Title: Senior Vice President Date: 08/14/2024 l of 1 EXHIBIT "1" PROJECT PROPOSAL Kimley >>> Horn June 24, 2024 Mr. Quentin Pough, CPRP Director of Parks, Recreation & Culture City of South M iam i 6130 Sunset Drive South Miami, FL 33143 Re : Profess io na l Services Agreement Gibson-Bethel Community Center S outh M iami, Flori d a Dear Quentin: Kimley-Horn and Associates, Inc ., (Kimley-Horn", or "Consultant") is pleased to submit this Proposal (the "Agreement") to City of South M iam i ("the Client") for professional consulting services associated with the above referenced "Project". All work under this scope will be in accordance with the terms and conditions of Professional General Engineering and Architectural Services RFQ # PW2022-03. Our project understanding, scope of services, assumptions, schedule, and fees are provided herein . P roj ect Und ersta nding The Gibson-Bethel community center located at 5800 SW 66th street was built in 2002 and has recently developed mold and moisture issues in several location within the building. Measurements taken as part of another consultant's report regarding relative humidity in the building revealed that several areas had levels ranging from 60% to 74%. An assessment of the HVAC systems will be performed to evaluate if HVAC equipment may be contributing to the mold growth. If required, provide recommendations to mitigate the development of mold in the future. Ba s e Scop e of Services Kimley-Horn will provide the services specifically set forth below. Task 110 -Facilities Walkthrough Upon receipt of the Client provided MEP plans/as-built, Kimley-Horn shall coordinate the following items: • Kimley-Horn will review the drawings available to become familiar with the property and its operating characteristics (As applicable) • Request Site Access from the Client and Facility Personn el • Schedule the site visit with Facility Personnel • Conduct the facility walkthrough. • Record temperature, relative humidity and TVOCs in various locations (up to 10 readings) • Observe and obtain field pictures of the HVAC design and operations. • Conduct interview facility maintenance staff regarding any other relevant information required for the facility survey. It is possible that follow-up discussions may be necessary to corroborate data following further review. Those will be conducted remotely. kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460 Kimley >>> Horn Page 6 The facility walkthrough will be conducted during a single site day visit and consist of one (1) Kimley-Horn mechanical engineering representative. Facility personnel will be required to escort the representative throughout the building and provide access and information related to the existing mechanical systems and general function of the building. Task 120-HVAC Assessment and Report Upon completion of Task 110, Kimley-Horn will prepare a memorandum of findings and provide to the Client for review. The objective of the assessment is to evaluate if the HVAC systems may b e contributing to the mold growth within the building and to provide suggestions to mitigate additional contributions to mold growth in the building. In addition, we will also provide suggestions to further improve air qua lity. Recommendations may include: • Humidity Control strategies • Control system setpoints or operations changes • Equipment replacement and/or redesign • Equipment Maintenance • Design and installation of 100% outside air unit • Recommissioning of select equipment and systems • Rebalance building Ventilation Rates • Implement demand control ventilation sequence • Filtration enhancements • Limited air quality monitoring in occupied spaces . • UV-C lighting in select areas or equipment • Air Quality Promotional Systems In addition to examining the HVAC equipment, Kimley-Horn will also examine a representative sample of accessible piping in the building for leaking pipes, fittings, or fi xtures . Pipes concealed underground, within walls or above hard ceilings will not be examined . No design drawings will be provided as part of our scope of work. Kimley Horn may provide engineering fees of recommendations upon request by City of South Miami. This task includes up to two (2) -1-hour virtual meetings with the appropriate facility and Client personnel to discuss preliminary findings at the completion of the HVAC assessment report and to request additional information that may be required from the observations and data collection performed above. The deliverable report will be a singular report. Task 130-Building Envelope Review Kimley -Horn will retain a sub consultant that will provide a review of the existing building documents, perform a site visit and provide recommendations for remediation of the ex isting structure. Upon receipt of the Client provided Architectural plans/as-built, Kimley-Horn shall coordinate for their sub- consultant following items: • Kimley-Horn's consultant will review the drawings available to become familiar with the property • Request Site Access from the Client and Facility Personnel • Schedule the site visit with Facility Personnel • Conduct the facility walkthrough . kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460 Kimley>>> Horn Page 6 • Observe and obtain field pictures as required. • Conduct interview facility maintenance staff regarding any other relevant information required for the facility survey. It is possible that follow-up discussions may be necessary to corroborate data following further review. Those will be conducted remotely. The facility walkthrough will be conducted during a single site day visit and consist of one (1) Kimley-Horn third-party representative. Facility personnel will be required to escort the representative throughout the building and provide access and information related to the existing mechanical systems and general function of the building. This task includes up to two (2)-1-hour virtual meetings w ith the appropriate facility and Client personnel to discuss preliminary findings at the completion of the envelope assessment report . The deliverable report will be a singular report. Information Provided by Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. The Client shall provide all information requested by Kimley- Horn during the project, including but not limited to the following: • Building architectural and engineering plans in paper or electronic format. • Any existing as built plans, drawing or electronic files of these . • Building maintenance logs and expenditures. • Building Access Schedule We will provide our services as expeditiously as practicable with the goal of providing assessment report up to 3 weeks after site visit. Fee and Expenses Kimley-Horn will perform the services in the following task for the total lump sum fee below. All permitting, application, and similar project fees will be paid directly by the Client. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Task 110 -Facility walkthrough Task 120-HVAC Assessment and Report Task 130 -Building Envelope Assessment Total Lump Sum Fee $4,100 $9,970 $7,520 $21,590 In addition to the total lump sum fee and hourly fees, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.05 times cost. A percentage kim ley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460 Kirnley >>> Horn Page 6 of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local m ileage . All permitting, application, and similar project fees will be paid directly by the Client. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kim ley-Horn project number. C losure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to City of South Miami . Kimley-Horn, in an effort to expedite invoices and reduce paper waste , offers its clients the option to receive electronic invoices. These invoices come via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested . Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information : Please email all invoices to ___________ _ Please copy _________________ _ If you concur in all the foregoing and wish to direct us to proceed with the services , please have authorized persons execute two copies of this Agreem ent in the spaces provided below, retain one copy, and return the other to us. Consultant will commence services only after Consultant has received a fully executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of th is letter. To ensure proper set up of your projects so that we can get started, pl ease complete and return with the signed copy of this Agree ment the attach ed 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. Very truly yours, KIMLEY-HORN AND ASSOCIATES , INC . Signed: ~ Printed Name: Julio A. Collier, PE Signed Qd4~fJ- Printed Name: ~ Alb' W. LaPera Title: Vice President Title: Project Manager kimley-horn .co m 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 6211460 Kimley>>>Horn Page 6 City Of South Miami SIGNED: ________________ _ PRI NTED NAME: ______________ _ TITLE: __________________ _ DATE: __________________ _ Client's Federal Tax ID: ____________ _ Client's Business License No .: __________ _ Client's Street Address: ____________ _ kimley-horn.com 201 N. Franklin Street, Sui te 1400, Tampa, FL 33602 813 6211460 Kimley>>> Horn Page 6 WORK BREAK DOWN FEE SCHEDU LE PROJECT: Gibson-Bethel Community Cente r CLIENT: City of South Miami DATE : 6/14/24 Description: HVAC Assessment Tasks Principal Sr Project Project Sr Admin Line Manager Manager Assistant Total Task 110 -Facility Walkthrough 2 22 1 $4,100 Task 120 -HVAC Assessment and Report 8 so 1 $9,970 Ta sk 1 30-Bui lding Enve lope Assessment 4 40 $7,520 Total Hours 0 14 108 2 Labor rate ($/hour) $210 $190 $169 $85 Subtotal 0 $2,660 $18,252 $170 Page Total $21,590 kimley-horn.com 201 N. Franklin Street. Suite 1400, Tampa, FL 33602 813 621 1460 1 of 1 PROJECT AGREEMENT Between CITY OF SOUTH MIAMI, FLORIDA And KIMLEY-HORN AND ASSOCIATES, INC. Gibson-Bethel Community Center HVAC Assessment and Report 13 1 of 4 PROJECT AGREEMENT Between CITY OF SOUTH MIAMI, FLORIDA and KIMLEY-HORN AND ASSOCIATES, INC. Project Name: Gibson-Bethel Community Center HVAC Assessment and Report Subject to the provisions contained in the “Professional Services Agreement for Professional General Engineering and Architectural Services” (hereinafter referred to as the “Professional Services Agreement”) between the CITY OF SOUTH MIAMI, FLORIDA (hereinafter referred to as “City”) and KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter referred to as “Consultant”) dated May 3, 2022, which Professional Services Agreement was competitively procured through Request For Qualifications (RFQ) No. PW2022-03 in accordance with Section 287.955, Florida Statutes. This Project Agreement is made effective as of the day of , 2024, and authorizes the Consultant to provide the services as set forth below: SECTION 1. SCOPE OF SERVICES 1.1 Consultant shall provide professional general engineering and consulting services (the “Services”) for the Gibson-Bethel Community Center HVAC Assessment and Report (the “Project”) in accordance with the terms and conditions of the Agreement. As part of the Services for the Project, the Consultant shall complete the tasks that are identified and described in the Project Proposal attached hereto as Exhibit “1” (the “Proposal”) for the City. 1.2 The City may request changes that would increase, decrease, or otherwise modify the scope of services outlined under the Proposal attached hereto as Exhibit “1.” Such changes must be contained in a written change order executed by the parties in accordance with the provisions of the Agreement, prior to any deviation from the terms of this Project Agreement, including the initiation of any extra work. SECTION 2. DELIVERABLES 2.1 As part of the scope of Services and Project schedule, the Consultant shall provide the City with the Deliverables identified in the Proposal attached hereto as Exhibit “1.” SECTION 3. TERM/TIME OF PERFORMANCE/DAMAGE 3.1 Term. This Project Agreement shall commence on the date this instrument is fully executed by all parties and shall continue in full force and effect until terminated pursuant to Section 6 herein or other applicable provisions of the Agreement. The City Manager, in his sole discretion, may extend the term of this Project Agreement through written notification to the Consultant. Such extension shall not exceed 90 days. No further extensions of this Agreement shall be effective unless authorized by the City Manager. 14 2 of 4 3.2 Commencement. Services provided by the Consultant under this Project Agreement and the time frames applicable to this Project shall commence upon the date provided in a written Notice to Proceed (“Commencement Date”) provided to the Consultant by the City. The Consultant shall not incur any expenses or obligations for payment to third parties prior to the issuance of the Notice to Proceed. Consultant must receive written notice from the City Manager prior to beginning the performance of services. 3.3 Contract Time. Upon receipt of the Notice to Proceed, the Consultant shall provide the Services for the Project to the City on the Commencement Date and shall continuously perform the Services for the Project to the City, without interruption, in accordance with the time frames set forth in the Proposal attached and incorporated into this Project Agreement as Exhibit “1”. The number of calendar days from the Commencement Date, through the date set forth in the Project Schedule for completion of the Project or the date of actual completion of the Project, whichever shall last occur, shall constitute the Contract Time. 3.4 All limitations of time set forth in this Project Agreement are of the essence. SECTION 4. AMOUNT, BASIS AND METHOD OF COMPENSATION 4.1 Compensation. Consultant shall be compensated for the provision of the Services for the Project in accordance with Exhibit “1” attached hereto. Consultant shall receive a total lump sum fee of $37,296.00 for the provision of the Services for the Project. 4.2 Reimbursable Expenses. All reimbursable expenses are included in the total compensation listed in Section 4.1 above. SECTION 5. BILLING AND PAYMENTS 5.1 Invoices 5.1.1.Compensation and Reimbursable Expenses. Consultant shall submit invoices which are identified by the specific project number on a monthly basis in a timely manner. These invoices shall identify the nature of the work performed, the phase of work, and the estimated percent of work accomplished in accordance with the Payment Schedule attached hereto as Exhibit “1” and made part of this Project Agreement. Invoices for each phase shall not exceed amounts allocated to said phase plus reimbursable expenses accrued during each phase. The statement shall show a summary of fees with accrual of the total and credits for portions paid previously. 5.1.2.Florida Prompt Payment Act. The City shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the City Manager. 5.2 Disputed Invoices. In the event that all or a portion of an invoice submitted to the City for payment to the Consultant is disputed, or additional backup documentation is required, the City shall notify the Consultant within fifteen (15) working days of receipt of the invoice of such objection, modification or additional documentation request. The Consultant shall provide the City within five (5) working days of the date of the City’s notice. The City may request additional information, including but not limited to, all invoices, time records, expense records, accounting records, and payment records of the Consultant. The City, at its sole discretion, may pay to the Consultant the undisputed portion of the invoice. The parties shall endeavor to resolve the dispute in a mutually agreeable fashion. 5.3 Suspension of Payment. In the event that the City becomes credibly informed that any representations of the Consultant, provided pursuant to Subparagraph 5.1, are wholly or partially 15 3 of 4 inaccurate, or in the event that the Consultant is not in compliance with any term or condition of the Agreement or this Project Agreement, the City may withhold payment of sums then or in the future otherwise due to the Consultant until the inaccuracy, or other breach of Agreement or Project Agreement, and the cause thereof, is corrected to the City’s reasonable satisfaction. 5.4 [INTENTIONALLY OMITTED] 5.5 Final Payment. Submission to the Consultant’s invoice for final payment and reimbursement shall constitute the Consultant’s representation to the City that, upon receipt from the City of the amount invoiced, all obligations of the Consultant to others, including its consultants, incurred in connection with the Project, shall be paid in full. The Consultant shall deliver to the City all documents requested by the City evidencing payments to any and all subcontractors, and all final specifications, plans, or other documents as dictated in the Proposal, Scope of Services, and Deliverables. Acceptance of final payment shall constitute a waiver of all claims against the City by the Consultant. SECTION 6. TERMINATION/SUSPENSION 6.1 For Cause. This Project Agreement may be terminated by either party upon five (5) calendar days written notice to the other should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination and fails to cure the failure to perform within such five (5) day period. In the event that Consultant abandons this Project Agreement or causes it to be terminated by the City, the Consultant shall indemnify the City against any loss pertaining to this termination. In the event that the Consultant is terminated by the City for cause and it is subsequently determined by a court by a court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under Section 6.2 and the provision of Section 6.2 shall apply. 6.2 For Convenience. This Project Agreement may be terminated by the City for convenience upon fourteen (14) calendar days’ written notice to the Consultant. In the event of such termination, the Consultant shall incur no further obligations in connection with the Project and shall, to the extent possible terminate any outstanding subconsultant obligation(s). The Consultant shall be compensated for all Services performed to the satisfaction of the City and reimbursable expenses incurred prior the date of termination. In such event, the Consultant shall promptly submit to the City its invoice for final payment and reimbursement which invoice shall comply with the provisions of Section 5.1. Under no circumstances shall the City make payment of profit to the Consultant for services which have not been performed. 6.3 Assignment upon Termination. Upon termination of this Project Agreement, a copy of all work product of the Consultant shall become the property of the City and the Consultant shall within ten (10) working days of receipt of written direction from the City, transfer to either the City or its authorized designee, a copy of all work product in its possession, including but not limited to designs, specifications, drawings, studies, reports and all other documents and data in the possession of the Consultant pertaining to this Project Agreement. Upon the City’s request, the Consultant shall additionally assign its rights, title and interest under any subcontractor’s agreements to the City. 6.4 Suspension for Convenience. The City shall have the right at any time to direct the Consultant to suspend its performance, or any designated part thereof, for any reason whatsoever, or without reason, for a cumulative period of up to thirty (30) calendar days. If any such suspension is directed by the City, the Consultant shall immediately comply with same. In the event the City directs a suspension of performance as provided herein, through no fault of the Consultant, the City shall pay the Consultant as full compensation for such suspension the Consultant’s reasonable cost, actually incurred and paid, of demobilization and remobilization. SECTION 7. AMERICAN RESCUE PLAN ACT CONTRACT CONDITIONS. 16 4 of 4 7.1 The Consultant acknowledges that the Services authorized under this Project Agreement may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). Towards that end, the Consultant shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Addendum. If compliance with the ARPA Addendum is required, the City shall select this box: . [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 17 1 of 1 IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement executed as of the day and year as first stated above. CITY: ATTEST:CITY OF SOUTH MIAMI, FLORIDA, a Florida Municipal Corporation By: CITY CLERK Genaro “Chip” Iglesias, City Manager Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By: Name: Title: Date: WITNESSES: Print Name: Print Name: 18 EXHIBIT “1” PROJECT PROPOSAL 19 20 RESOLUTION NO.: 056-22-15809 A Resolution authorizing the City Manager negotiate and execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", with SRS Engineering, Inc., EXP U.S. Services Inc., Stantec Consulting Services Inc., Calvin, Giordano & Associates, Inc., M&J Engineering P.C., and Kimley-Horn and Associates, Inc., for general engineering services on an as needed basis. WHEREAS, the City Mayor and Commission wish to negotiate and execute for general engineering and architectural services on an as needed basis and on a rotation basis ; and WHEREAS, in accordance with Florida Statute 287 .055, "Consultants Competitive Negotiation Act." (CCNA), the City issued a Request for Qualifications (RFQ) to retain qualified consultants to provide various professional and general engineering and architectural services, on a rotational and as needed basis; and WHEREAS, a Selection Committee comprised of City staff, rev iewed the proposals received and is recommending, based on the final scores and ranking, six (6) firms for the Contract Negotiations phase of the process required by the CCNA; and WHEREAS, it was noted that two Respondents tied in ranking order, EXP U.S. Services Inc., and Stantec Consulting Services Inc., at 2.33; and WHEREAS, due to the number of proposals received (21}, the Selection Committee is recommending six (6) Respondents for Contract Negotiations phase of the CCNA process and execution of professional service agreement; and WHEREAS, the Mayor and City Comm ission wish to authorize the City Manager to negotiate and execute the professional service agreements. WHEREAS, the Professional Service Agreement with the firms shall be for a term of three (3) years and providing the City Manager with sole discretion to renew the agreement for one (1) two (2) year renewal. The maximum term of any one contract, if the City Manager decides to renew it, will be five (5) consecutive years. The expenditures related this contract will be charged to the Capital Improvements Program Accounts on an as needed basis. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is hereby authorized to negotiate and execute a non-exclusive multi- year contract with the firms selected for professional surveying, studies, engineering, and architectural services for construction projects in accordance with Section 287 .055, "Consultants Competitive Negotiation Act" on a rotational and as needed basis . The term of each contract will be three (3) years and the City Manager will have an option to renew each contract for one (1) two (2) year term . A copy of Page 1 of 2 21 Res. No. 056-22-15809 a draft of the contract is attached. The contract may be amended in the event that the City Attorney finds that it is in the best i nterest of the City and that it comp lies with the CCNA process. The expenditures rela t ed these contracts will be charged to the Capital Improvements Program Accounts. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4: Severability . If any section, clause, sentence, or phrase of this resolution is for any reason he ld invalid or unconstitutional by a court of competent jurisdiction , the holding shall not affect the validity of the remaining portions of this resolution. Section 5: Effective Date: This resolution shal l become effective immediately upon adoption. PASSED AND ADOPTED this 3rd day of May, 2022. READ AND APPROV ED AS TO FORM, LANGUAGE, LEGALITY, AND EXECUTION Page 2 of 2 APPROVED: COMMISSION VOTE: Mayor Philips: 5-0 Yea Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman : Yea Commiss i oner Corey: Yea