HomeMy WebLinkAbout1481 - ARC Associatesr
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PURCHASING DEPARTMENT
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TRANSMITTAL MEMO RANDUM
To: City Clerk /Mayor
RE: /� &rN ( (Y—AJ
A � A Inc
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑ Development Order
❑ Final Plat (original mylars)
❑ Letter of Credit
❑ Maintenance Bond
❑ Ordinance
❑ Performance Bond
❑ Resolution
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® Mayor's signature
❑ Recordin
ing
Safe keeping (Vault)
❑ Payment Bond
❑ City Manager Signature
® City Clerk Attest/Signatureo
Once completed, lease:
� ® Return oals to Purchasing
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Special Instructions:
Marisol Ordonez
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Date
TADept_ forms \City Clerk Transmittal Memo - 2009.doc
DOCUMENT APPROVAL
Contract/Agreement Name: CCNA Contract
Approval:
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City Of Sanford
Agreement With A /R /C Associates, Inc.
For The Provision Of Professional Services
This Agreement is made and entered into on the dates set forth below by and between
the: City of Sanford, whose address is 300 North Park Avenue; Sanford, Florida 32771; a
municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred
to as the "City," and A/R /C Associates, Inc., a Florida corporation authorized to do business
in the State of Florida, whose address is 601 North Fern Creek Avenue, Suite 100,
Orlando, Florida 32803 -4899, sometimes hereinafter referred to as the "Consultant ". The
City and the Consultant are collectively referred to herein as the "parties ".
Witnesseth:
Whereas, the City desires to retain the Consultant for the work identified in various
Work Orders for various and diverse projects of the City relative to the provision of
Professional Architectural Roofing and Waterproofing Consultant Services; and
Whereas, the Consultant hereby warrants and represents to the City that it is
competent and otherwise able to provide professional and high quality services to the City;
and
Whereas, the Consultant hereby warrants and represents to the City that it is ready,
willing and able to provide services for projects requiring the provision of Professional
Architectural Roofing and Waterproofing Consultant Services in order to meet the needs
and requirements of the City with regard to those matters and related work; and
Whereas, the references to the provisions of services to the City may include the
provision of goods and the term "Work Order" shall include the term "Purchase Order'
herein when the context and actions of the parties so require; and
Whereas, this Agreement is subject to the provisions of the Consultants
Competitive Negotiations Act and shall be guided and regulated by that controlling State
law in every respect and in every nature,
Now, Therefore, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto
as follows:
Section 1: Definitions.
Ad valorem - In proportion to the estimated value of the goods taxed.
Agreement — This document and all subsequent work orders or related contractual
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documents between the City and Consultant.
Billing Period — The period of time between project commencement to the close of the
current period, (inclusive); or from the close of the previous billing period, (exclusive), to the
close of the current period, usually concurrent with the month. In no case shall this period
be less than one calendar month except for the final Billing Period.
Bona Fide - Made or carried out in good faith; sincere.
City — The City of Sanford, a municipal corporation of the State of Florida holding tax
exempt status.
Consultant - To include all principals of the Consultant including, but not limited to, full and
part time employees, professional or otherwise, and all other agents employed by or for
Consultant to perform its obligations hereunder.
Description of Services - Shall be written in paragraph form resonably describing those
services the City can expect the Consultant to provide. The description shall be written in
such a manner that the type of service is clearly provided, but broad enough that all
services reasonably expected of the Consultant, including services provided by partners,
subconsultants, and other supporting professionals, can be provided to the City.
Designated Representative — A person who administers, reviews, and coordinates the
provision of services. This definition applies equally to the City and to the Consultant.
Force Maieure - Force Majeure shall include, but not be limited to, hostility, revolution, civil
commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation,
regulation, or ordinance or other act of government, or any act of God or any cause
whether of the same or different nature, existing or future; provided that the cause whether
or not enumerated in this Agreement is beyond the control and without the fault or
negligence of the party seeking relief under this Agreement. In the context of this
Agreement, force majeure shall not prevent the Consultant from perfroming , or provide an
execuse for non - performance, if those matters relate to the hurricane or similar storm or
event to which the services of the Consultant are to relate in the first instance,
Law - Said phrase shall include statutes, codes, rules, and regulations of whatsoever type
or nature enacted or adopted by a governmental entity of competent jurisdiction.
Pari Materia — of the same matter; on the same subject. Laws pari materia must be
construed with reference to each other /together when related to the same matter or
subject. The provisions of a contract/agreement are to be construed together with no
isolated construction of a particular provision such that it would defeat the overall intent of
the contract/agreement.
Submittals — Any item required by this Agreement that the Consultant must provide the
City either for inclusion as part of this Agreement or not.
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Work Order - A detailed description of quantities, services, and a completion schedule
provided on a City prescribed form describing all work associated with the service to be
provided by the Consultant to the City for an agreed price referencing this agreement by
title and date.
Section 2: Captions /Findings.
The Section headings and captions of this Agreement are for convenience and reference
only and in no way define, limit, describe the scope or intent of this Agreement or any part
thereof, or in any way affect this Agreement or construe any provision of this Agreement.
Section 3: Extent Of Agreement/integration/Amendment.
(a) This Agreement, together with the exhibits, if any, constitute the entire
integrated Agreement between the City and the Consultant and supersedes
all prior written or oral understandings in connection therewith. This
Agreement, and all the terms and provisions contained herein, including
without limitation the exhibits, regardless as to whether they are attached,
constitute the full and complete agreement between the parties hereto to the
date hereof, and supersedes and controls over any and all prior agreements,
understandings, representations, correspondence, and statements, whether
written or oral. The provisions of the Consultant's response and submissions
thereto are exhibits to this Agreement and are deemed to be set forth herein
as if fully set forth herein verbatim regardless of whether or not attached
hereto.
(b) This Agreement may only be amended, supplemented, or modified by a
formal written amendment.
(c) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by
the parties.
Section 4: No General City Obligation.
(a) In no event shall any obligation of the City under this Agreement be or
constitute a general obligation or indebtedness of the City, a pledge of the ad
valorem taxing power of the City or a general obligation or indebtedness of
the City within the meaning of the Constitution of the State of Florida or any
other applicable laws, but shall be payable solely from legally available
revenues and funds.
(b) The Consultant shall not have the right to compel the exercise of the ad
valorem taxing power of the City. The Consultant shall not have the right to
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compel the City to submit any grant application or any application for
approval to any entity regardless of whether public or private.
Section 5: Consultant Understanding Of Services Required.
(a) Execution of this Agreement by the Consultant is a representation that the
Consultant is familiar with local conditions and with the services to be
performed. The Consultant shall make no claim for additional time or money
based upon its failure to comply with this Agreement. The Consultant has
informed the City, and hereby represents to the City, that it has extensive
experience in performing and providing the services and /or goods described
in this Agreement and to be identified in the Work Orders, and that it is well
acquainted with the components that are properly and customarily included
within such projects and the requirements of laws, ordinances, rules,
regulations, or orders of any public authority or licensing entity having
jurisdiction over City projects. Execution of a Work Order shall be an
affirmative and irrefutable representation by the Consultant to the City that
the Consultant is fully familiar with any and all requisite work conditions of the
provisions of the services. The Consultant represents that all submissions to
the City are true and correct and that the Consultant has, and shall maintain,
the expertise and ability to provide services to the City as needed and as
outlined in the documents incorporated herein.
(b) The recitals herein are true and correct and form and constitute a material
part of this Agreement upon which the parties have relied.
(c) It is agreed that nothing herein contained is intended or should be construed
as in any manner creating or establishing a relationship of co- partners
between the parties, or as constituting the Consultant (including, but not
limited to, its officers, employees, and agents) the agent, representative, or
employee of the City for any purpose, or in any manner, whatsoever. The
Consultant is to be and shall remain forever an independent Consultant with
respect to all services performed under this Agreement.
(d) Persons employed by the Consultant in the provision and performance of the
services and functions pursuant to this Agreement shall have no claim to
pension, workers' compensation, unemployment compensation, civil service
or other employee rights or privileges granted to the City's officers and
employees either by operation of law or by the City.
Section 6: General Provisions.
(a) Each party hereto represents to the other that it has undertaken all necessary
actions to execute this Agreement, and that it has the legal authority to enter
into this Agreement, and to undertake all obligations imposed on it. The
persons executing this Agreement for the Consultant certify that they are
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authorized to bind the Consultant fully to the terms of this Agreement.
(b) This Agreement is for projects relating to the provision of engineering services
in order to meet the needs and requirements of the City with regard to those
matters and related work as needed to support the City's operations,
programs and projects as set forth herein and as otherwise directed by the
City.
(c) The Consultant acknowledges that the City may retain other Consultants to
provide the same types of services for City projects. The City reserves the
right to select which Consultant shall provide services for City projects.
(d) The Consultant acknowledges that the City has retained other Consultants
and the coordination between said Consultants and the Consultant may be
necessary from time -to -time for the successful completion of each Work
Order. The Consultant agrees to provide such coordination as necessary
within the Scope of Services of each Work Order.
(e) The Consultant agrees to provide and ensure coordination between goods/
services providers.
(f) Time is of the essence of the lawful performance of the duties and obligations
contained in this Agreement to include, but not be limited to, each Work
Order. The parties covenant and agree that they shall diligently and
expeditiously pursue their respective obligations set forth in this Agreement
and each Work Order.
(g) Consultant will maintain an adequate and competent staff or professionally
qualified persons throughout the performance of this Agreement to ensure
acceptable and timely completion of each Work Order.
(h) Requirements for signing and sealing plans, reports, and documents
prepared by the Consultant shall be governed by the laws and regulations of
Seminole County and State and Federal regulatory agencies.
(i) The Consultant hereby guarantees the City that all material, supplies,
services, and equipment as listed on a Purchase Order meet the
requirements, specifications, and standards as provided for under the
Federal Occupations Safety and Health Act of 1970, as from time -to -time
amended and in force on the date hereof.
(j) No claim for services furnished by the Consultant not specifically provided for
herein shall be honored by the City.
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Section 7: Codes And Design Standards.
(a) All the services to be provided or performed by the Consultant shall in the
minimum be in conformance with commonly accepted industry and
professional codes and standards, standards of the City, and the laws of any
Federal, State, or local regulatory agencies.
(b) The Consultant shall be responsible for keeping apprised of any changing
laws applicable to the services to be performed under this Agreement.
Section 8: SubConsultants.
(a) Any Consultant proposed subConsultants shall be submitted to the City for
written approval prior to the Consultant entering into a subcontract.
SubConsultant information shall include, but not be limited to, State
registrations, business address, local business tax proof of payment, and
insurance certifications.
(b) The Consultant shall coordinate the provision of services and work product of
any City approved subConsultant and remain fully responsible for such
services and work under the terms of this Agreement.
(c) Any subcontract shall be in writing and shall incorporate this Agreement and
require the subConsultants to assume performance of the Consultant duties
commensurately with the Consultant's duties to the City under this
Agreement, it being understood that nothing herein shall in any way relieve
the Consultant from any of its duties under this Agreement. The Consultant
shall provide the City with executed copies of all subcontracts.
Section 9: Assignability.
The Consultant shall not sublet, assign, or transfer any interest in this Agreement, or claims
for the money due or to become due out of this Agreement to a bank, trust company, or
other financial institution without written City approval. When approved by the City, written
notice of such assignment or transfer shall be furnished promptly to the City.
Section 10: Commencement/implementation Schedule Of Agreement.
(a) The Consultant shall commence the provision of services as described in this
Agreement immediately upon execution of this Agreement and upon the
execution of a Work Order. The City may seek other firms to provide the
same services.
(b) The Consultant and the City agree to make every effort to adhere to the
schedules established for the various Work Orders as described in each
Work Order. However, if the Consultant is delayed at any time in the
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provision of services by any act or omission of the City, or of any employee of
the City, or by any other Consultant employed by the City, or by changes
ordered by the City, or by strikes, lock outs, fire, unusual delay in
transportation, unavoidable casualties, or any other allowable cause of force
majeure, as may be permitted under this Agreement, and not resulting from
the inactions or actions of the Consultant and beyond the Consultant's control
which would not reasonably be expected to occur in connection with or during
performance or provision of the services, or by delay authorized by the City
pending a decision, or by any cause which the City shall decide to justify the
delay, the time of completion shall be extended for such reasonable time as
the City may decide in its sole and absolute discretion. It is further expressly
understood and agreed that the Consultant shall not be entitled to any
damages or compensation, or be reimbursed for any losses on account of
any delay or delays resulting from any of the aforesaid causes or any other
cause whatsoever.
Section 11: Length Of Agreement.
(a) Unless terminated, this Agreement shall be in effect until September 30,
2012 and shall automatically renew, thereafter, for one -year periods unless
action to terminate this Agreement is taken by a party consistent with the
provisions of this Agreement.
(b) Should the City wish to not have this Agreement automatically renewed, the
City shall provide written notice to the Consultant thirty days prior to the
automatic renewal subject; however, to the completion of all pending Work
Orders. The City's decision whether or not to renew this Agreement is a
decision in which the City is vested with full and plenary discretion and
authority.
Section 12: Description Of Services.
(a). The Consultant agrees to provide engineering services in accordance with
Work Orders and other directions consistent with this Agreement issued by
the City to the Consultant from time -to -time. The Consultant shall provide to
the City all labor, services, equipment, materials, and supplies necessary to
accomplish the provision of the services set forth herein.
(b) The Consultant shall provide professional services to and for the benefit of
the City in support of its projects in order to meet the needs and requirements
of the City with regard to those matters and related work.
Section 13: Consultant Responsibilities.
(a) The Consultant shall be responsible for the professional quality, accepted
standards, technical accuracy and the coordination of all services furnished
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by the Consultant under this Agreement as well as the conduct of its staff,
personnel, employees, and agents. The Consultant shall work closely with
the City on all aspects of the provision of the services. With respect to
services, the Consultant shall be responsible for the quality, technical
accuracy, competence, methodology, accuracy, and the coordination of all of
the following which are listed for illustration purposes and not as a limitation:
documents, analysis, reports, data, plans, plats, maps, surveys,
specifications, and any and all other services of whatever type or nature
furnished by the Consultant under this Agreement. The Consultant shall,
without additional compensation, correct or revise any errors or deficiencies
in its plans, analysis, data, reports, designs, drawings, specifications, and any
and all other services of whatever type or nature.
(c) The Consultant shall furnish a Consultant Designated Representative to
administer, review, and coordinate the provision of services under each Work
Order as well as the services required by the City as a general matter.
(d) Neither City review, approval, or acceptance of, nor payment for, any of the
services required under this Agreement shall be construed to operate as a
waiver of any rights or of any cause of action arising out of the performance
of this Agreement. The Consultant shall be and shall remain liable to the City
in accordance with applicable law for all damages to the City caused by the
Consultant's negligent or improper performance or failure to perform any of
the services furnished under this Agreement.
(d) The rights and remedies of the Consultant provided for under this
Agreement, are in addition to any other rights and remedies provided by law.
(e) In the event the Consultant fails to comply with the terms and conditions of
this Agreement, the City shall notify the Consultant's Designated
Representative in writing so that the Consultant may take remedial action.
(e) Time is of the essence in the performance of all services provided by the
Consultant under the terms of this Agreement and each and every Work
Order.
Section 14: City Rights And Responsibilities.
(a) The City shall reasonably cooperate with the Consultant in a timely fashion at
no cost to the Consultant as set forth in this Section.
(b) The City shall furnish a City Designated Representative to administer, review,
and coordinate the provision of services under each Work Order.
(c) The City shall make City personnel available where, in the City's opinion,
they are required and necessary to assist the Consultant. The availability
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and necessity of said personnel to assist the Consultant shall be determined
solely at the discretion of the City.
(d) The City shall furnish the Consultant with existing data, records, maps, plans,
specifications, reports, fiscal data, and other engineering information that is
available in the City's files that is necessary or useful to the Consultant for
the performance of the Work. All such documents conveyed by the City shall
be, and remain the property of, the City and shall be returned to the City
upon completion of the Work to be performed by the Consultant.
(e) The City shall, if it so desires, examine all Consultant reports, sketches,
drawing, estimates, proposals, and other documents presented to the City
and indicate the City's approval or disapproval within a reasonable time so as
not to materially delay the provisions of the services of the Consultant.
(f) The City shall provide access to and make provisions for the Consultant to
enter upon public and private lands as required for the Consultant within a
reasonable time to perform work as necessary to complete the Work Order.
(g) The City shall transmit instructions, relevant information, and provide
interpretation and definition of City policies and decisions with respect to any
and all materials and other matters pertinent to the services covered by this
Agreement.
(h) The City shall give written notice to the Consultant whenever the City's
Designated Representative knows of a development that affects the services
provided and performed under this Agreement, timing of the Consultant's
provision of services, or a defect or change necessary in the services of the
Consultant.
(i) The rights and remedies of the City provided for under this Agreement are in
addition to any other rights and remedies provided by law; the City may
assert its right of recovery by any appropriate means including, but not
limited to, set -off, suit, withholding, recoupment, or counterclaim, either
during or after performance of this Agreement.
(j) The City shall be entitled to recover any and all legal costs including, but not
limited to, attorney fees and other legal costs that it may incur in any legal
actions it may pursue in the enforcement of the terms and conditions of this
Agreement or the responsibilities of the Consultant in carrying out the duties
and responsibilities deriving from this Agreement.
(k) The failure of the City to insist in any instance upon the strict performance of
any provision of this Agreement, or to exercise any right or privilege granted
to the City hereunder shall not constitute or be construed as a waiver of any
such provision or right and the same shall continue in force.
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(1) Neither the City's review, approval or acceptance of, nor payment for, any of
the services required shall be construed to operate as a waiver of any rights
under this Agreement nor or any cause of action arising out of the
performance of this Agreement and the Consultant shall be and always
remain liable to the City in accordance with applicable law for any and all
damages to the City caused by the Consultant's negligent or wrongful
provision or performance of any of the services furnished under this
Agreement.
(m) All deliverable analysis, reference data, survey data, plans and reports, or
any other form of written instrument or document that may result from the
Consutant's services or have been created during the course of the
Consultant's performance under this Agreement shall become the property of
the City after final payment is made to the Consultant.
(n) In the event the City fails to comply with the terms and conditions of this
Agreement, the Consultant shall notify the City's Designated Representative
in writing so that the City may take remedial action.
Section 15: Waiver.
The failure of the City to insist in any instance upon the strict performance of any provision
of this Agreement, or to exercise any right or privilege granted to the City hereunder, shall
not constitute or be construed as a waiver of any such provision or right and the same shall
continue in force.
Section 16: Force Majeure.
Neither party shall be considered in default in performance of its obligations hereunder to
the extent that performance of such obligations, or any of them, is delayed or prevented by
force majeure. The principle of force majeure is limited in this Agreement as otherwise
noted in this Agreement.
Section 17: Standards Of Conduct.
(a) The Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Consultant, to
solicit or secure this Agreement and that the Consultant has not paid or
agreed to pay any person, company, corporation, individual, or firm other
than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, gift, or any other consideration, contingent upon or
resulting from the award of making this Agreement.
(b) If the City determines that any employee or representative of the Consultant
is not satisfactorily performing his or her assigned duties or is demonstrating
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improper conduct pursuant to any assignment or work performed under this
Agreement, the City shall so notify the Consultant, in writing. The Consultant
shall immediately remove such employee or representative of the Consultant
from such assignment.
(c) The Consultant hereby certifies (in this writing) that no undisclosed conflict of
interest exists with respect to the Agreement, including, but not limited to, any
conflicts that may be due to representation of other clients, customers or
vendees, other contractual relationships of the Consultant, or any interest in
property that the Consultant may have. The Consultant further certifies that
any conflict of interest that arises during the term of this Agreement shall be
immediately disclosed in writing to the City. Violation of this Section shall be
considered as justification for immediate termination of this Agreement.
(d) The Consultant shall not engage in any action that would create a conflict of
interest for any City employee or other person during the course of
performance of, or otherwise related to, this Agreement or which would
violate or cause others to violate the provisions of Part III, Chapter 112,
Florida Statutes, relating to ethics in government.
(e) The City will not intentionally award publicly- funded contracts to any
Consultant who knowingly employs unauthorized alien workers, constituting a
violation of the employment provisions contained in 8 U.S.C. Section
1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA)]. The
City shall consider the employment by the Consultant of unauthorized aliens,
a violation of Section 274A (e) of the INA. Such violation by the Consultant
of the employment provisions contained in Section 274A (e) of the INA shall
be grounds for immediate termination of this Agreement by the City. The
Consultant shall maintain an ongoing and thorough employment practice to
ensure that illegal aliens are not employed by the Consultant.
(f) The Consultant shall comply with the requirements of the Americans with
Disabilities Act (ADA), and any and all related Federal or State laws which
prohibits discrimination by public and private entities on the basis of disability.
(g) The Consultant shall not discriminate on the grounds of race, color, religion,
sex, or national origin in the performance of work under this Agreement or
violate any laws pertaining to civil rights, equal protection, or discrimination.
(h) If the Consultant or an affiliate is placed on a discriminatory vendor list, such
action may result in termination by the City. The Consultant shall certify,
upon request by the City that it is qualified to submit a bid under Section
287.134 (2) (c), Florida Statutes, relating to public entity crimes.
(i) If the Consultant or an affiliate is placed on the convicted vendor list following
a conviction for a public entity crime, such action may result in termination by
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the City. The Consultant shall certify, upon request by the City, that is
qualified to submit a bid under Section 287.133(2)(a), Florida Statutes,
relating to public entity crimes.
(j) The Consultant shall certify, upon request by the City, that the Consultant
maintains a drug free workplace policy in accordance with Section 287.0878,
Florida Statutes. Failure to submit this certification may result in termination.
(k) The Consultant agrees to comply with Federal, State, and local
environmental, health, and safety laws and regulations applicable to the
services provided to the City. The Consultant agrees that any program or
initiative involving the work that could adversely affect any personnel
involved, citizens, residents, users, neighbors or the surrounding environment
will ensure compliance with any and all employment safety, environmental
and health laws.
(1) If applicable, in accordance with Section 216.347, Florida Statutes, the
Consultant shall not use funds provided by this Agreement for the purpose of
lobbying the Legislature, the Judicial Branch, or State agency.
(m) The Consultant shall not publish any documents or release information
regarding this Agreement to the media without prior approval of the City.
(n) The Consultant shall ensure that all services are provided to the City after the
Consultant has obtained, at its sole and exclusive expense, any and all
permits, licenses, permissions, approvals or similar consents.
(o) The Consultant shall ensure that all taxes due from the Consultant are paid in
a timely and complete manner including, but not limited to, the City's local
business tax.
Section 18: Notices.
(a) Whenever either party desires to give notice unto the other, it must be given
by written notice, sent by registered United States mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last
specified, and the place for giving of notice shall remain such until it shall
have been changed by written notice in compliance with the provisions of this
Section.
(b) For the present, the parties designate the following as the representative
places for giving of notice, to -wit:
(1) For the City:
City Manager
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300 North Park Avenue
Sanford, Florida 32771
With a copy to:
Purchasing Manager
300 North Park Avenue
Sanford, Florida 32771
(2) For the Consultant
James W. Ripley, Vice President
601 N. Fern Creek Ave. Suite 100
Orlando, FL 32803
(c) Written notice requirements of this Agreement shall be strictly construed and
such requirements are a condition precedent to pursuing any rights or
remedies hereunder. The Consultant agrees not to claim any waiver by City
of such notice requirements based upon City having actual knowledge,
implied, verbal or constructive notice, lack of prejudice, or any other grounds
as a substitute for the failure of the Consultant to comply with the express
written notice requirements herein. Computer notification (e -mails and
message boards) shall not constitute properwritten notice under the terms of
the Agreement.
Section 19: Designated Representatives.
(a) The City Manager or the Designated Representative represents the City in all
matters pertaining to and arising from the work and the performance of this
Agreement.
(b) The City Manager or the Designated Representative shall have the following
responsibilities:
(1) Examination of all work and rendering, in writing, decisions indicating
the City's approval or disapproval within a reasonable time so as not
to materially delay the work of the Consultant;
(2) Transmission of instructions, receipt of information, and interpretation
and definition of City's policies and decisions with respect to design,
materials, and other matters pertinent to the work covered by this
Agreement;
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(3) Giving prompt written notice to the Consultant whenever the City
knows of a defect or change necessary in the project; and
(c) Until further written notice, the City's Designated Representative for this
Agreement is:
Purchasing Manager
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Phone: 407.688.5028
Email: bill.smith @sanfordfl.gov
(d) Until further written notice, the Consultant's Designated Representative for
this Agreement is:
James W. Ripley, Rresic Vice President
A/R /C/ Associates, Inc.
601 North Fern Creek Avenue, Suite 100
Orlando, FL 32803 -4899
Phone 407.896.7875 FAX: 407.898.6043
Email: iimr(a�arc- arc.com
Section 20: Work Orders.
(a) The provision of services to be performed under this Agreement may
commence upon the issuance of a Work Order from the City to the
Consultant. Each Work Order shall reference this agreement by title and
date, include a detailed description of quantities, services, and a completion
schedule, and will be provided on Consultant letterhead. Services described
in said Work Order will commence upon the issuance of a City Notice -To-
Proceed. After the fact Work Orders may be issued to document work that is
accomplished in truly exigent circumstances, but the presumption under this
Agreement shall be that there is adequate time to formalize work
assignments.
(b) The services required to be performed by a Work Order shall clearly defined,
the Work Order and shall be issued on a "Fixed Fee" basis. The Consultant
shall perform all services required by the Work Order but in no event shall the
Consultant be paid more than the negotiated Fixed Fee amount stated
therein.
(c) The Consultant agrees to adhere to the schedules established in the various
Work Orders issued under this Agreement.
(e) The Consultant may invoice the amount due based on the percentage of
Page 14 of 24
total work Order services actually performed and completed; but in no event
shall the invoice amount exceed a percentage of the Fixed Fee amount
equal to a percentage of the total services actually completed.
(f) The parties may negotiate other forms of compensation aside from the fixed
fee basis if the parties find such method to be necessary and desirable
based upon the particular project.
Section 21: Change Orders.
(a) The City may revise the Description of Services set forth in any particular
Work Order.
(b) Revisions to any Work Order shall be authorized in writing by the City as a
Change Order. Each Change Order shall include a schedule of completion
for the services authorized. Change Orders shall identify this Agreement and
the appropriate Work Order number. The Change Orders may contain
additional instructions or provisions specific upon certain aspects of this
Agreement pertinent to the services to be provided. Such supplemental
instructions or provisions shall not be construed as a modification of this
Agreement. An Agreement between the parties on and execution of any
Change Order shall constitute a final settlement and a full accord and
satisfaction of all matters relating to the change and to the impact of the
change on unchanged goods and /or work, including all direct and indirect
costs of whatever nature, and all adjustments to the Consultant schedule.
(c) If instructed by the City, the Consultant shall change or revise work that has
been performed, and if such work is not required as a result of error,
omission or negligence of the Consultant, the Consultant may be entitled to
additional compensation. The Consultant must submit for City approval a
revised proposal with a revised fee quotation. Additional compensation, if
any, shall be agreed upon before commencement of any such additional
work and shall be incorporated into the work by Change Order to the Work
Order.
Section 22: Compensation.
(a). Compensation to the Consultant for the services performed on each Work
Order shall be as set forth the Work Order /Change Order. The unit rates of
compensation shall be as agreed to by the parties. With regard to services or
goods that are not specifically agreed upon at the time that this Agreement is
entered by the parties, the City and the Consultant shall negotiate pricing.
(b) The City shall not pay for reimbursable items such as gas, tolls, mileage,
meals, etc. and other items not directly attritbutable to items produced for
each Work Order.
Page 15 of 24
(c) Work performed by the Consultant without written approval by the City's
Designated Representative shall not be compensated. Any work performed
by the Consultant without approval by the City is performed at the
Consultant's own election.
(d) In the event the City fails to provide compensation under the terms and
conditions of this Agreement, the Consultant shall notify the City's
Designated Representative in order that the City may take remedial action.
(f) The Consultant hereby grants the City Most Favored Nation status such that
the Consultant shall never charge the City for a service an amount which
exceeds the lowest price that it provides the same service to another city or
county in Florida.
Section 23: Invoice Process.
(a) Payments shall be made by the City to the Consultant when requested as
work progresses for services furnished, but not more than once monthly.
Each Work Order shall be invoiced separately. The Consultant shall render
to the City, at the close of each calendar month, an itemized invoice properly
dated, describing all services rendered, the cost of the services, the name
and address of the Consultant, Work Order Number, Contract Number and
all other information required by this Agreement.
(b) Invoices which are in an acceptable form to the City and without disputable
items will be processed for payment within thirty days of receipt by the City.
(c) The Consultant will be notified of any disputable items contained in invoices
submitted by the Consultant within fifteen days of receipt by the City with an
explanation of the deficiencies.
(d) The City and the Consultant will make every effort to resolve all disputable
items contained in the Consultant's invoices.
(e) Each invoice shall reference this Agreement, the appropriate Work Order and
Change Order if applicable, the billing period, and include the Project Status
Report for the period being billed.
(f) The Florida Prompt Payment Act shall apply when applicable.
(g) Invoices are to be forwarded directly to:
Finance Director
City Of Sanford
300 North Park Avenue
Page 16 of 24
Sanford, Florida 32771
Section 24: Termination Of Agreement.
(a) The City may terminate this Agreement or any Work Order for convenience
at any time.
(b) The City may also terminate this Agreement upon the City determining that
any one or more of the following reasons exist:
(1) If, in the City's opinion, adequate progress under a Work Order,
specially, or this Agreement, generally, is not being made by the
Consultant; or
(2) If, in the City's opinion, the quality of the services provided by the
Consultant is /are not in conformance with commonly accepted
professional standards, standards of the City, the requirements of
Federal or State regulatory agencies, and the Consultant has not
corrected such deficiencies in a timely manner as reasonably
determined by the City; or
(3) The Consultant or any employee or agent of the Consultant is indicted
or has a direct charge issued against him for any crime arising out of
or in conjunction with any work that has been performed by the
Consultant; or
(4) The Consultant becomes involved in either voluntary or involuntary
bankruptcy proceedings, or makes an assignment for the benefit of
creditors; or
(5) The Consultant violates the Standards of Conduct provisions herein or
any provision of State or local law or any provision of the City Code of
Conduct.
In the event of any of the causes described in this Section, the City's
Designated Representative may send a certified letter requesting that the
Consultant show cause why the Agreement or any Work Order should not be
terminated. If assurance satisfactory to the City of corrective measures to be
made within a reasonable time is not given to the City within fourteen
calendar days of the receipt of the letter, the City may consider the
Consultant to be in default, and may immediately terminate this Agreement or
any Work Order in progress under this Agreement.
(c) In the event that this Agreement or a Work Order is terminated for cause and
it is later determined that the cause does not exist, then this Agreement or
the Work Order shall be deemed terminated for convenience by the City and
Page 17 of 24
the City shall have the right to so terminate this Agreement without any
recourse by the Consultant.
Section 25: Termination By Consultant For Cause.
(a) The Consultant may terminate this Agreement if the City fails to pay the
Consultant in accordance with this Agreement.
(b) In the event of either of the causes described in Subsection (a), the
Consultant shall send a certified letter requesting that the City show cause
why the Agreement should not be terminated. If adequate assurances are
not given to the Consultant within fourteen calendar days of the receipt of
said show cause notice, the Consultant may consider the City to be in
default, and may immediately terminate this Agreement.
Section 26: Termination By The City Without Cause.
(a) Notwithstanding any other provision of this Agreement, the City shall have
the right at any time to terminate this Agreement in its entirely without cause,
or terminate any specific Work Order without cause, if such termination is
deemed by the City to be in the public interest, provided that thirty calendar
days prior written notice is given to the Consultant of the City's intent to
terminate.
(b) In the event that this Agreement is terminated, the City shall identify any
specific Work Order(s) or work being terminated and the specific Work
Order(s) or work to be continued to completion pursuant to the provisions of
this Agreement.
(c) This Agreement will remain in full force and effect as to all authorized Work
Order(s) that is /are to be continued to completion.
Section 27: Payment In The Event Of Termination.
In the event this Agreement or any Work Order is terminated or canceled prior to final
completion payment for the unpaid portion of the services provided by the Consultant to the
date of termination and any additional services shall be paid to the Consultant.
Section 28: Action Following Termination.
Upon receipt of notice of termination, given by either party, the terminated party shall
promptly discontinue the provision of all services, unless the notice provides otherwise.
Section 29: Suspension.
Page 18 of 24
(a) The performance or provision of the Consultant's services under any Work
Order under this Agreement may be suspended by the City at any time.
(b) In the event the City suspends the performance or provision of the
Consultant's services hereunder, the City shall so notify the Consultant in
writing. Such suspension becoming effective upon the date stated in the
notice. The City shall pay to the Consultant within thirty days all
compensation which has become due to and payable to the Consultant to the
effective date of such suspension. The City shall thereafter have no further
obligation for payment to the Consultant for the suspended provision of
services unless and until the City's designated representative notifies the
Consultant in writing that the provision of the services of the Consultant
called for hereunder are to be resumed by the Consultant.
(c) Upon receipt of written notice from the City that the Consultant's provision of
services hereunder are to be resumed, the Consultant shall continue to
provide the services to the City.
Section 30: Alternative Dispute Resolution (ADR).
(a) In the event of a dispute related to any performance or payment obligation
arising under this Agreement, the parties agree to exhaust any alternative
dispute resolution procedures reasonably imposed by the City prior to filing
suit or otherwise pursuing legal remedies.
(b) The Consultant agrees that it will file no suit or otherwise pursue legal
remedies based on facts or evidentiary materials that were not presented for
consideration to the City in alternative dispute resolution procedures or which
the Consultant had knowledge and failed to present during the City
procedures.
(c) In the event that City procedures are exhausted and a suit is filed or legal
remedies are otherwise pursued, the parties shall exercise best efforts to
resolve disputes through voluntary mediation. Mediator selection and the
procedures to be employed in voluntary mediation shall be mutually
acceptable to the parties. Costs of voluntary mediation shall be shared
equally among the parties participating in the mediation.
Section 31: Severability.
(a) If any term, provision or condition contained in this Agreement shall, to any
extent, be held invalid or unenforceable, the remainder of this Agreement, or
the application of such term, provision or condition to persons or
circumstances other than those in respect of which it is invalid or
unenforceable, shall not be affected thereby, and each term, provision, and
Page 19 of 24
condition of this Agreement shall be valid and enforceable to the fullest extent
permitted by law when consistent with equity and the public interest.
(b) All provisions of this Agreement shall be read and applied in pari materia with
all other provisions hereof.
(c) Violation of this Agreement by the Consultant is recognized by the parties to
constitute irreparable harm to the City.
Section 32: Controlling Laws/Venue /Interpretation.
(a) This Agreement is to be governed by the laws of the State of Florida.
(b) Venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida and the
City shall, at all times, have and maintain the home venue privilege.
(c) This Agreement is the result of bona fide arms length negotiations between
the City and the Consultant and all parties have contributed substantially and
materially to the preparation of the Contract. Accordingly, this Agreement
shall not be construed or interpreted more strictly against any one party than
against any other party.
Section 33: Indemnity.
(a) To the fullest extent permitted by law, the Consultant shall indemnify,
hold harmless, and defend the City, its agents, servants, officers, officials,
and employees, or any of them, from and against any and all claims,
damages, losses, and expenses including, but not limited to, attorneys fees
and other legal costs such as those for paralegal, investigative, and legal
support services, and the actual costs incurred for expert witness testimony
arising out of or resulting from the performance or provision of services
required under this Agreement, provided that same is caused in whole or part
by the error, omission, negligent act, failure to act, malfeasance,
misfeasance, conduct, or misconduct of the Consultant, its agents, servants,
officers, officials, employees, or subConsultants.
(b) In accordance with Section 725.06, Florida Statutes, adequate consideration
has been provided to the Consultant for this obligation, the receipt and
sufficiency of which is hereby specifically acknowledged.
(c) Nothing herein shall be deemed to affect the rights, privileges, and
immunities of the City as set forth in Section 768.28, Florida Statutes.
(d) In claims against any person or entity indemnified under this Section by an
employee of the Consultant or its agents or subConsultants, anyone directly
Page 20 of 24
or indirectly employed by them or anyone for whose acts they may be liable,
the indemnification obligation under this Section shall not be limited by a
limitation on amount or type of damages, compensation, or benefits payable
by or for the Consultant or its agents or subConsultants, under Workers
Compensation acts, disability benefits acts, or other employee benefit acts.
(e) The execution of this Agreement by the Consultant shall obligate the
Consultant to comply with the indemnification provision in this Agreement;
however, the Consultant must also comply with the provisions of this
Agreement relating to insurance coverages.
(f). To the extent that services provided by the Consultant to the City under this
Agreement relate to the "planning, design, construction, administration,
study, evaluation, consulting, or other professional and technical support
services furnished in connection with any actual or proposed construction,
improvement, alteration, repair, maintenance, operation, management,
relocation, demolition, excavation, or other facility, land, air, water, or utility
development.
Section 34: Insurance.
The City's insurance requirements applicable to contracts are specified on the City's
website at: http : / /www.sanfordfl.gov /index.htmi select purchasing then select insurance.
The Coverage Standard applicable to this contract is identified as: MP- 11012, required
coverage is as indicated for Worker's Compensation. Commercial General Liability
Comprehensive Auto Liability and Professional Liability. it is noted that by this reference
that the indicated insurance coverage, terms and conditions are hereby incorporated into
this contract.
Section 35: Equal Opportunity Employment/Non- Discrimination.
The Consultant agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age,
national origin, or disability and will take affirmative steps to ensure that applicants are
employed and employees are treated during employment without regard to race, color,
religion, sex, age, national origin, or disability. This provision shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment
advertising; layoff or termination; rates of pay or their forms or compensation; and selection
for training, including apprenticeship. The Consultant, moreover, shall comply with all the
requirements as imposed by the Americans with Disability Act, the regulations of the
Federal government issued thereunder, and any and all requirements of Federal or State
law related thereto.
Section 36: Access To Records /Audit/Public Records.
(a) The Consultant shall maintain books, records, documents, time and costs
accounts, and other evidence directly related to its provision or performance
Page 21 of 24
of services under this Agreement. All time records and cost data shall be
maintained in accordance with generally accepted accounting principles.
(b) The Consultant shall maintain and allow access to the records required under
this Section for a minimum period of five years after the completion of the
provision or performance services under this Agreement and date of final
payment for said services, or date of termination of this Agreement.
(c) The City reserves the right to unilaterally terminate this Agreement if the
Consultant refuses to allow public access to all documents, papers, letters, or
other materials subject to provisions of Chapter 119, Florida Statutes, and
other applicable law, and made or received by the Consultant in conjunction,
in any way, with this Agreement.
(d) The City may perform, or cause to have performed, an audit of the records of
the Consultant before or after final payment to support final payment under
any Work Order issued hereunder. This audit shall be performed at a time
mutually agreeable to the Consultant and the City subsequent to the close of
the final fiscal period in which services are provided or performed. Total
compensation to the Consultant may be determined subsequent to an audit
as provided for in this Section, and the total compensation so determined
shall be used to calculate final payment to the Consultant. Conduct of this
audit shall not delay final payment as required by this Section.
(e) In addition to the above, if Federal, State, County, or other entity funds are
used for any services under this Agreement, the Comptroller General of the
United States or the Chief Financial Officer of the State of Florida, or the
County of Seminole, or any representative, shall have access to any books,
documents, papers, and records of the Consultant which are directly
pertinent to services provided or performed under this Agreement for
purposes of making audit, examination, excerpts, and transcriptions. Also,
the Consultant shall adhere to, and comply with, any and all grant conditions
imposed.
(f) In the event of any audit or inspection conducted reveals any overpayment
by the City under the terms of the Agreement, the Consultant shall refund
such overpayment to the City within thirty days of notice by the City of the
request for the refund.
(g) The Consultant agrees to fully comply with all State laws relating to public
records as determined by the City.
(h) The Consultant agrees that if any litigation, claim, or audit is started before
the expiration of the record retention period established above, the records
shall be retained until all litigation, claims, or audit findings involving the
records have been resolved and final action taken.
Page 22 of 24
ill I 1 0
Section 37: Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same
document.
Section 38: Exhibits.
Each exhibit, if any, referred to and attached to this Agreement is an essential part of this
Agreement. The exhibits, if any, and any amendments or revisions thereto, even if not
physically attached hereto, shall be treated as if they are part of this Agreement. The City
shall determine the contents of this Agreement relative to exhibits.
SIGNATURE PAGE FOLLOWS
Page 23 of 24
z „ .,
In Witness Whereof, the parties hereto have made and executed this Agreement on
the respective dates under each signature'. the City through its City Commission taking
official action and the Consultant signing by and through its duly authorized corporate
officer having the full and complete authority to execute same.
Name of Firm
r
By
# 1
P rated Name: Jewel Smith Prii
Attest:
By:
Janet Dougherty, City Jerk
Da
Page 24 of 24
= 18777��
ws PIM -4
Item No.7i A �---
CITY COMMISSION MEMORANDUM 1 1 -151
SEPTEMBER 12, 201 1 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY Tom George, Interim City Manager
SUBMITTED BY Tom George, Interim City Manager
SUBJECT Consent Agenda
SYNOPSIS:
Approval of items on the consent agenda is requested.
A) APPROVAL OF M ETROPLAN ORLANDO ANNUAL FUNDING AGREEMENT.
FISCAL/STAFFING STATEMENT:
Funding for FY 201172012 of $26,523 is requested, this amount is the same amount assessed last
year and represents five years of budget reductions. The funding base of $0.75 per capita that was
established by the MetroPlan Board in FY 96/97 will remain the same. However, due to continuing
budgetary issues faced by funding partners, MetroPlan Orlando has again reduced the population
assessed amount of $40,362, down to $26,523 for FY 2011/2012. An appropriation for this
funding has been provided in the proposed 2011/2012 City budget.
BACKGROUND:
MetroPlan Orlando, the regional transportation planning agency, provides leadership in planning
and promoting a comprehensive intermodal surface transportation system. Under the agreement,
MetroPlan provides a quarterly accounting of its unified planning work program to the City. The
funding base was established in FY 96/97 and has remained at $0.75 per capita. Two equal
payments are assessed; one on October 1, 2011 and one on April 1, 2012.
LEGAL REVIEW:
N /A.
RECOMMENDATION:
It's staff's recommendation that the City Commission approve the FY 2011/2012 Funding
Agreement with MetroPlan and authorize the Mayor to execute the agreement.
B) APPROVAL OF STATE HOMELAND SECURITY GRANT PROGRAM SUB -
RECIPIENT FUNDING AGREEMENT.
FISCAL/STAFFING STATEMENT:
This is a cost reimbursement agreement to receive $8,900 for specialized training for our State
designated Light Technical Rescue Team (LTRT). This funding will allow Fire Department
personnel to complete proficiency training including overtime, backfill, and travel costs, and/or
certification / recertification of instructors.
BACKGROUND:
The Sanford Fire Department has had a state designated LTRT since 2005. With fire department
training and education reimbursement funds limited, the Fire Department has pursued the
opportunity to sustain training and enhance capabilities for our personnel in special operations
(Rope Rescue, Confined Space Rescue, Trench Rescue, Vehicle & Machinery Rescue, Team
Leader, and Train the Trainer Course). The monies will be used for training personnel by attending
FEMA sponsored and/or approved training courses listed in the agreement. All of the funds must
be expended 18 months from the execution of the agreement, no later than March 30, 2013.
LEGAL:
The agreement was reviewed by the City Attorney's Office.
RECOMMENDATION:
It is staff's recommendation that the City Commission execute the agreement with the State of
Florida to receive $8,900 in reimbursable funds for the training of Fire Department personnel.
0 APPROVAL OF STATE REVOLVING FUND (SRF) LOAN AMENDMENT 1,
WASTEWATER TREATMENT NUTRIENT REDUCTION PROJECT:
FISCAL/STAFFING STATEMENT:
The preconstruction loan amount available from the FDEP has increased from $808,854 to
$888,190 which is an increase of $79,336.
BACKGROUND:
At the work session on February 28, 2011, the City Commission viewed a presentation by our
engineering consultant, CPH, concerning the nutrient reduction requirement at the City's
wastewater treatment facilities. The City is under an Administrative Order issued by FDEP
requiring the reduction of phosphorus and nitrogen in the reclaimed water.
On May 9, 2011, the City Commission approved a resolution to request funding for a SRF
preconstruction loan from FDEP. This preconstruction loan amount was for $808,854 and covers
the design and permitting for the wastewater treatment plant improvements. The City is also
G) APPROVAL OF /SBuANCE OF PuRCHABE ORDER FOR FUEL.
FISCAL/STAFFING STATEMENT:
The estimated cost of fuel for Fiscal Year 2011/2012 is $1,100,000. These funds are allocated in
each City Department maintenance account through the Fleet Maintenance Division.
BACKGROUND:
Public Works Fleet Maintenance Division purchases fuel for all City vehicles each year using State
Contract Number 405- 000 -10 -1. This purchase order is necessary to avoid any lapse in our ability
to purchase fuel for the City's fleet of vehicles.
LEGAL REVIEW:
N /A.
RECOMMENDATION:
It is staffs recommendation that the City Commission approve a purchase order for Fiscal Year
2011/2012 in the amount of $1,100,000 to State Contract vendor Petroleum Traders Inc.
H) APPROVAL OF AWARD OF PROFESS /ONAL CONSULTING CoNYRAcr
SuDiEcT TO CCNA.
FISCAL/STAFFING STATEMENT:
Funding for these contracts will be designated at the time specific work orders are executed to
perform projects applicable to the contract.
BACKGROUND:
This individual action is predicated upon the process to provide and maintain established CCNA
Master contracts with professional consultants who, by virtue of this process, are immediately
available to perform and complete tasks and projects within the broad categories of architecture,
engineering, landscaping, and surveying and mapping in compliance with the Consultants
Competitive Negotiation Act, (CCNA) (Section 287.055, Florida Statutes) and procurement policy
of the City.
On April 6, 2011, RFQ 10/11 -06 was opened with forty seven (47) firms responding. As required
by Florida Statutes, the firms were ranked against each other with recommended selections being
conditioned by rankings, discipline, and projected services needed by the City in support of
various projects necessary to provide essential services and facilities for the Citizens of Sanford.
Enclosure 1 represents overall scoring of the firms. Enclosure 2 reflects the recommended firms
which are indicated as being qualified and ranked via a competitive process to receive a CCNA
Master Contract in the specialty area(s) indicated. This process is expected to provide continuing
immediate availability of a complement of professional consultants to the City.
BACKGROUND:
Art Lane Landfill was used as a Class III landfill by the City of Sanford Solid Waste Division.
Closure of the landfill was accepted and a permit issued by FDEP and completed by year 2000.
The permit does require yearly testing of wells.
There are a network of eight monitoring wells, four gas- monitoring probes and one surface water
site located on the property for monitoring. The semi - annual report includes tabular groundwater
quality results using FDEP format, water levels in all wells in a table, a ground water contour map
and a computer disk with water quality reporting tables.
LEGAL REVIEW:
N /A.
RECOMMENDATION:
It is staff's recommendation that the City Commission approve the proposal with Ardaman &
Associates for the FY 2011/2012 monitor of wells located at Art Lane Landfill.
I �) APPROVAL OF ISSUANCE OF PURCHASE' ORDER FOR T1,Res
FISCAL/STAFFING STATEMENT:
Estimated cost for Fiscal Year 2011/2012 is $85,000. These funds are allocated in each City
Department maintenance account through the Fleet Maintenance Division.
BACKGROUND:
Public Works Fleet Maintenance Division purchases tires for all City vehicles each year using
State Contract Number 863 - 000 -10 -1. This Purchase Order is necessary to avoid a lapse in our
ability to purchase tires for the City's fleet operations.
LEGAL REVIEW:
N /A.
RECOMMENDATION:
It is staff's recommendation that the City Commission approve a purchase order for Fiscal Year
2011/2012 in the amount of $85,000 to State Contract vendor The Pep Boys.
including the design work to increase the treatment capacity of the South Water Resource Center
in with this project. It is cost effective to do both projects at the same time. The current 2 MGD
facility is close to the 75% capacity level. This design will increase capacity to 3MGD.
Additional SRF preconstruction loan dollars are available for this work. Amendment 1 provides
an additional $79,336 for the design of this project.
LEGAL REVIEW:
The City Attorney's office has reviewed Amendment 1 to the SRF loan agreement.
RECOMMENDATION:
It is staffs recommendation that the City Commission approve Amendment 1 to the SRF loan
agreement and authorize the Mayor, City Clerk and City Attorney to execute the agreement.
I7) APPROVAL. OFFY 11/12 PROPERTYAND LL4BlL/TY/NSURANCE RENEN/AL.
FISCALISTAFFING STATEMENT:
The renewal premium proposed by FLC for all of the above coverages will be $1,049,323 for
FYI 1/12, as compared to the FYI 0/11 gross premium to date of $1,016,474. The increase is due
to insuring $4,000,000 in additional property; the addition of 13 new vehicles; statewide increase
in workers compensation rates; and increase in the State of Florida sovereign immunity limits from
$100,000 per person/$200,000 per occurrence to new limits of $200,000 per person/$300,000 per
occurrence beginning October 1, 2011.
Additionally, the FLC, like the other municipal insurers in the state of Florida, allows for a
separate windstorm deductible for named storms. The named storm deductible for FYI 1/12
remains at three percent, or the policy deductible ($25,000) per occurrence, whichever is greater.
All other property exposures have a $25,000 deductible per occurrence; same for Liability
insurance coverage. As to workers compensation coverage, the City is self - insured for the first
$200,000 for each work related injury, and the City's excess workers compensation insurance
policy purchased through the FLC will reimburse the City any costs incurred above that amount.
Claims experience in recent years in both liability and property claims have been very favorable.
This is largely due to greater safety awareness and safer work environments within City
employment ranks, as well as the City's safety accountability, safety incentive and post accident
drug screening programs. Another major factor for the favorable claims experience is the excellent
claims administration and services by the FLC for property and liability claims, and Johns Eastern,
Co., Inc, (JECO) for workers compensation claims.
In FY10 /11 the City is on track to have even fewer workers compensation claims than the record
low year of FY09 /10. Prior to the City creating the Risk Manager position in FY00 /01 the City
was averaging close to 100 workers compensation claims per year. In FY09 /10 the City had a
record low 26 claims and is now on track to be at or below that number for FYI 0 /11.
BACKGROUND:
FLC is one of the, if not the leader, in insuring municipal districts in the State of Florida. They
have proven to be a solid and consistent force in their industry for many years. The City has
enjoyed a long relationship with the Florida League of Cities, except for a three year hiatus from
October 2000 to September 2003. During that time the City had a good relationship with A.J.
Gallagher.
For many years in the 80's and 90's the City had partnered with and had a good relationship with
the FLC; however, in FY01 the FLC presented a sizeable and deserved premium increase to the
City due the City's poor claims experience at the time. As a result, the City elected to partner with
a different insurance carrier, A. J. Gallagher, for FY00 /01, FY01 /02 and F02/Y03; additionally in
FY00 /01 the City created the position of Risk Manager to primarily improve the City's safety
program and reduce workers compensation claims and costs. Subsequently and concerned about
the FY03 /04 premium increase proposed by the A. J. Gallagher underwriter, the City elected to
return to FLC; and in doing so the City saved approximately $400,000 in FY03 /04 insurance
premiums. As to the workers compensation claims, the City enjoyed a reduction from 103 in
FY99 /00 to 52 in FY02 /03.
Also, due to its sound underwriting principles in recent years the FLC has attained a surplus in
their insurance reserves. As opposed to retaining this surplus as most other insurance carriers do,
the FLC has returned $28,000,000 of the surplus to members renewing their insurance with the
FLC in the last three years. In each of the last three years the City has received return of premium
dollars from the FLC; the amount returned to the City for those three years totals is $252,895. The
City stands to receive an additional $73,189 once it renews the FYI 1/12 insurance coverages with
the FLC.
Additionally, during the hurricanes of 2004, the FLC attached only one $25,000 deductible for all
of hurricanes Charlie, Frances and Jeanne combined, even though it had the right to attach a
deductible per hurricane. The FLC claims adjusting personnel were second to none in their
handling of the hurricane claims in 2004 based on feedback from other entities; and continue to be
an asset to the City's liability claims administration.
LEGAL:
N /A.
RECOMMENDATION:
It is staff's recommendation that the City Commission approve the FYI 1/12 insurance renewal
with the Florida League of Cities.
E) APPROVAL OFART L ANE L AmDF /LL -- GAS MONITOR/NG SERVICE'S.
FISCAL/STAFFING STATEMENT:
Funds are available in the Solid Waste Division account; not to exceed $43,081 for Fiscal Year
2011/2012.
LEGAL REVIEW:
Contract documents — will be prepared by the City Attorney.
RECOMMENDATION:
It is staff's recommendation that the City Commission approve the firms indicated on Enclosure 2
to receive CCNA master contracts with the City.
V APPROVAL OF SPECL4L EVCNT: CELERY CITY CRUISERS.
FISCAL/STAFFING STATEMENT:
There are no City services provided for this event.
BACKGROUND:
This event is a monthly antique car exhibition held the last Saturday of every month, from January
through October, and has been held in Sanford for over 20y years. Closure of Seminole Boulevard,
from Park Avenue to Sanford Avenue, from 4 - 9 PM is requested to accommodate the expected
pedestrian traffic. No additional City support or service was requested by the applicant. The
Special Events Review Committee agrees that this event does not need additional City support
from their respective departments. A noise permit is requested.
LEGAL REVIEW:
N /A.
RECOMMENDATION:
It is staff s recommendation that the City Commission approve this special event, noise permit and
the related street closure for the last Saturday of every month from January through October in
2012.
✓) APPROVAL OFSPECL4L EVE/VT:'AL/VEAFTER FIVE.
FISCAL/STAFFING STATEMENT:
Costs for City services are estimated to be $1,981.17 per month and will be paid by the applicant.
BACKGROUND:
This is a monthly event that occurs the 2 Thursday of every month in downtown Sanford and is
sponsored by Historic Sanford Welcome Center Inc. from 5 — 9 PM which they would like to
continue through 2012. The applicant requests a noise permit, an alcohol permit and street
closures from 3 — 10 PM of
1 St Street, from Sanford Avenue to Park Avenue;
• Park Avenue, from Commercial Avenue to 2 nd Street
• Magnolia Avenue, from Magnolia Square to 2 nd Street
• Palmetto Avenue, from 1 St Street to 2 nd Street.
The street closure request includes the additional closure of Magnolia Avenue, from Magnolia
Square to 2 nd Street. City costs are approximately $300 less than the March 2011 request but also
reflect additional City services.
LEGAL REVIEW:
N /A.
RECOMMENDATION:
It is staff s recommendation that the City Commission approve this special event application with
street closures, a noise permit and an alcohol permit on the 2 nd Thursday of every month in 2012.
K) APPROVAL OF SPECIAL EVENT.' SE'MINOLE HIGH SCHOOL HOMECOMING
PARADE.
FISCAL/STAFFING STATEMENT:
The costs for City services are estimated to be under the $1,000 inter - governmental partnership
agreement.
BACKGROUND:
This event is the annual Seminole High School Homecoming Parade with a Pep Rally at Magnolia
Square to be held on Thursday, September 22 Applicant is requesting closure of 1 St Street, from
Sanford Avenue to San Juan Avenue, and San Juan Avenue, from 1 St Street to Seminole
Boulevard, from 1 -6 PM for staging of the parade participants. Applicant also requests closure of
the parade route on 1 St Street, from Sanford Avenue to Park Avenue, from 3 -7 PM. A PA system
and noise permit is also being requested for the Pep Rally in Magnolia Square.
LEGAL REVIEW:
N /A.
RECOMMENDATION:
It is staff s recommendation that the City Commission approve this special event and the related
street closures and noise permit.
L) APPROVAL OF CONSENT TO ASSIGNMENT" OP LEASE.
FISCAL/STAFFING STATEMENT:
None.
BACKGROUND:
The City and Wilson Center, Inc entered into an Agreement to Lease the property at the Northeast
corner of North Palmetto Avenue and East Seminole Boulevard on October 27, 2003 for
construction of the Marina Riverwalk Trailhead Center. The Agreement to Lease was amended on
July 11, 2011.
Wilson Center, Inc has now entered into an agreement to sell the building located on the property
relative to this lease to Vanik Investments, LLC. The sale is conditional upon the City, Wilson
Center, Inc. and Vanik Investment, LLC agreeing to the assignment of the lease for the underlying
property.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement.
RECOMMENDATION:
It is staff s recommendation that the City Commission approve the agreement.
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FIRMS RECOMMENDED FOR CCNA MASTER CONTRACT
Enclosure 2
Selections
Specialties
AECOM
Architectural + Multi
A/R/C
Roof engineerin
ADG
Architectural
AVCON
En ineerin -multi
BHM
Architectural
Brown & Caldwell
Environmental
Caltrop
Engineering M mt, multi services
CPH
En ineerin -multi
DJ Design
Architects, Planners
Geodata conslultants, inc
Surveying and mappin
GLE gacilities & Environmental
Architecture and Engineerin
Hanson Professional
Architecture + Eng. -Multi
Hazen & Sawyer
Water/Wastewater Engine
HHI
Landscape Architectural
Littlejohn Engineering
Landscape Architectural and multi
PSI
Engineering Multi
Southeastern Surveying
Surveying and mappin
SMW GeoSciences
Water/Wastewater Facilities planning
and conservation
Wool pert
Water/Wastewater /Stormwater Parks,
surveying, traffic eng, inspection
services