1138-Alcalde & Fay, LtdAGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF SANFORD, FLORIDA AND
ALCALDE AND FAY, LTD.
The following is an agreement between the City of Sanford, Florida, hereinafter referred to as
"CITY" and the firm of Alcalde & Fay, Ltd., a Virginia corporation, hereinafter referred to as
"CONTRACTOR ".
WHEREAS, CONTRACTOR has duly qualified experts in the field of public works,
transportation, communications, water resources, housing and Federal grant programs; and
WHEREAS, in the judgment of the City Commission Members, it is necessary and desirable
to employ the services of the CONTRACTOR to assist the CITY with public works,
transportation, communications, water resources, housing and Federal grant programs
administered by the Federal government.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
PART I - SPECIFIC PROVISIONS
A. SERVICES TO BE PROVIDED: CONTRACTOR will consult anl a vise, as re ues d
wam �
on public works, transportation, communications, water resource s, u n ^ a M t"'- reTeral
grant programs, including but not limited to:
1. Developing strategies to obtain and maximize funding for public works,
transportation, water resources and housing programs.
2. Coordinating funding requests, legislation and policy related activities with the
United States Congress and federal agencies;
3. Securing appropriate authorizations and federal funding from the United States
Congress and federal agencies to implement the CITY'S projects;
4. Maintaining direct and frequent contact with key United States Senators and
Representatives;
5. Advocating CITY interests during the United States legislative and regulatory
process;
6. Providing the CITY with a written report of activities and attending CITY meetings
upon the CITY'S request.
B. PAYMENT: CONTRACTOR'S compensation for the services provided hereunder shall
be $5,000.00 per month. The monthly $5,000.00 fee invoice shall be submitted by
CONTRACTOR at the first of each month, beginning on December 1, 2006. The CITY
shall reimburse the contractor for reasonable expenses incurred in connection with the
CONTRACTOR'S work at actual cost. Expenses that are to be reimbursed include, but
not limited to; photocopying, postage, telephone, delivery, and photocopy charges.
Expenses will be reimbursed to CONTRACTOR on a monthly basis. All travel expenses
will be incurred only following approval by the City Manager.
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C. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will have L.A.
"Skip" Bafalis and Jim Davenport, principals of CONTRACTOR's services, in the
performance of CONTRACTOR's duties hereunder, and has relied on that representation
as an inducement to entering into this Agreement.
PART II - GENERAL PROVISIONS
A. ASSIGNMENT AND DELEGATION: Except as above, neither party hereto shall assign
or delegate any interest in or duty under this Agreement without written consent of the
other, and no assignment shall be of any force or effect whatsoever unless and until the
other party shall have so consented.
B. STATUS OF CONTRACTOR: The parties intend that CONTRACTOR, in performing
the services hereinafter specified, shall act as an independent contractor and shall have
control of the work and the manner in which it is performed. CONTRACTOR is not to be
considered an agent or employee of CITY and is not entitled to participate in any pension
plan, insurance, bonus or similar benefits CITY provides its employees.
C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING
PAYMENTS: All notices, bill, and payments shall be made in writing and may be given
by personal delivery or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
CITY: ROBERT (SHERMAN) YEHL
CITY MANAGER
CITY OF SANFORD
P.O. BOX 1788
SANFORD, FL 32772
CONTRACTOR: ALCALDE & FAY, LTD.
2111 WILSON BLVD., 8 TH FLOOR
ARLINGTON, VA 22201
(703) 841 -0626
D. NON - DISCRIMINATION: CONTRACTOR shall comply with all applicable federal,
state and local laws, rules and regulations in regard to nondiscrimination in employment
because of race, color, ancestry, national origin, religion, sex, age, marital status, medical
condition, or physical or mental disability.
E. TERM OF AGREEMENT: This Agreement shall become effective on December 1, 2006
and shall terminate upon 30 day's written notice by either party with or without cause.
F. JURISDICTION: This Agreement and performance hereunder and all suits and special
proceedings hereunder shall be construed in accordance with the laws of the State of
Florida. In addition, special proceeding or other proceeding that may be brought arising
out of, in connection with, or by reason of this Agreement, the laws of the State of
Florida shall be applicable and shall govern to the exclusion of the law of any other
forum.
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G. PUBLIC RECORD: The parties understand that any record, document, computerized
information and program, audio, or video tape, or other writing completed by the
CONTRACTOR related directly or indirectly to the Agreement is a public record
pursuant to Chapter 119, Florida Statutes, whether in the possession or control of the
CITY or the CONTRACTOR. Such public records may not be destroyed without the
specific written approval of the City Manager. Upon request by the CITY, the
CONTRACTOR shall promptly supply copies of said public records to the CITY.
Nothing contained in this paragraph shall require the disclosure of information that is
exempt from public records disclosure pursuant to state or federal law.
H. MEDIATION: All controversies, claims, and disputes between the parties arising out of
or related to this Agreement or the interpretation thereof, will first be submitted to
mediation by a mediator certified by the Supreme Court of Florida, which mediator shall
be selected and retained by the City of Sanford. The cost of the mediator's fee shall be
borne equally by the parties. The mediation process shall be invoked by written notice
from either party. The CITY shall retain the mediator and schedule mediation within
thirty (30) days of sending or receiving the written notice, or on a date as agreed by the
parties. Mediation shall be a condition precedent to filing a lawsuit by either party.
I. ATTORNEY'S FEES; COSTS; VENUE: In the event that any party hereto shall bring
an action or proceeding for an alleged breach of any provision of this Agreement, the
prevailing party shall be entitled to recover, as part of such action or proceeding,
reasonable attorney's fees, paralegal fees, and court costs at both trial and appellate
levels. For the purpose of any suit, action or proceeding arising out of or relating to this
Agreement, the parties hereby consent to the jurisdiction and venue of any of the courts
of record of the State of Florida, Seminole County.
J. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral or written agreements. No waiver, modifications,
additions or addendum to this Agreement shall be valid unless in writing and signed by
both the CONTRACTOR and CITY.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this
i t day of _, 2006.
ATTEST:
�u�'�heFty City Clerk
CITY OF SANFORD
By: . U— 0. —_.
Linda K hn, Mayor
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WITNESSES:
ALCALDE AND FAY, LTD.
B.
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