1250 Architects Design Group/256
CITY OF SANFORD AGREEMENT FOR
PROFESSIONAL SERVICES SUBJECT TO
CONSULTANTS COMPETITIVE NEGOTIATION ACT (CCNA)
THIS AGREEMENT made and entered into the_M�-: of � 1200 �,
by and between the City of Sanford, Florida, 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 Architects Design Group,
Inc. 333 North Knowles Avenue, Winter Park, Florida 32789 hereinafter referred to as
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 to provide continuing
Professional Services in Sanford as prescribed by the CCNA requirements for
consultant selection and
WHEREAS, the CITY desires to retain the CONSULTANT to provide consulting
services, as subsequently specifically set out in Work Orders to be issued under this
Agreement; and
WHEREAS, the CITY desires to employ the CONSULTANT for the performance
necessary to support the activities, programs and projects of the CITY upon the terms
and conditions hereinafter set forth, and the CONSULTANT is desirous of performing
and providing such services upon said terms and conditions; 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 is competent and qualified to furnish
Architecture and Planning services to the CITY and desires to provide professional
services according to the terms and conditions as set forth herein.
WHEREAS, the CITY desires to retain the CONSULTANT to provide all labor
and services in accordance with, but not limited to, the guidelines in the Scope of Work;
and
WHEREAS, this Agreement is subject to the provisions of the Consultants
Competitive Negotiation Act; and
WHEREAS, the CITY desires to use the expertise and knowledge of the
CONSULTANT; and
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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: GENERAL PROVISIONS.
(a) The term "CONSULTANT" as used in this Agreement is hereby defined
herein as that person or entity, including employees, servants, partners, principals,
agents and assignees providing services under this Agreement.
(b) The CONSULTANT acknowledges that the CITY may retain other service
providers to provide the same services for CITY projects. The CONSULTANT
acknowledges that the CITY, at the CITY's option, may request proposals from the
CONSULTANT and the other service providers for CITY projects. The CITY reserves
the right to select which services provider shall provide services for the CITY's projects.
(c) The CONSULTANT agrees to provide and ensure coordination between
services providers.
(d) The recitals herein are true and correct and form and constitute a material
part of this Agreement upon which the parties have relied.
(e) 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 person(s)
executing this Agreement for the CONSULTANT certify that he /she /they is /are
authorized to bind the CONSULTANT fully to the terms of this Agreement.
(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) When the term "law" is used herein, said phrase shall include statutes,
codes, rule and regulations of whatsoever type or nature enacted or adopted by a
governmental entity of competent jurisdiction.
(h) 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.
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(i) 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.
Q) No claim for services furnished by the CONSULTANT not specifically
provided for herein or in a Work Order shall be honored by the CITY.
SECTION 2: SCOPE OF SERVICES.
(a) The CONSULTANT shall safely, diligently and in a professional and timely
manner perform, with its own equipment and assets, and provide services included in
each subsequently entered Work Order. Unless modified in writing by the parties
hereto, the duties of the CONSULTANT shall not be construed to exceed the provision
of the services pertaining to this Agreement.
(b) The CONSULTANT shall provide the services as generally set forth and
described in Exhibit "A" to this Agreement and specifically detailed in various Work
Orders as maybe issued from time -to -time by the CITY.
SECTION 3: WORK ORDERS.
(a) The provision of services to be performed under the provisions of this
Agreement shall be commenced as set forth in the CITY's bid /procurement documents
upon the execution of this Agreement and a Work Order issued on a form provided by
the CITY hereunder commencing the provision of services. Additional services to be
performed by the CONSULTANT to the CITY, shall be authorized in written Work
Orders issued by the CITY on a form provided by the CITY. Work Orders executed by
the CITY shall include a detailed description of services and a completion schedule.
The CONSULTANT shall review Work Orders and notify the CITY in writing of asserted
inadequacies for the City's correction, if warranted.
(b) If the services required to be performed are clearly defined, the Work
Order 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. For Work Orders issued on
a "Fixed Fee Basis ", the CONSULTANT may invoice the amount due based on the
percentage of 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.
(c) If the services are not clearly defined, the Work Order may be issued on a
"Time Basis Method" and may contain a Not -to- Exceed amount. If a Not -to- Exceed
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amount is provided, the CONSULTANT shall perform all work required by the Work
Order; but in no event, shall the CONSULTANT be paid more than the Not -to- Exceed
amount specified in the applicable Work Order. The CONSULTANT shall advise the
CITY whenever the CONSULTANT has incurred expenses on any Work Order that
equals or exceeds eighty percent (80 %) of the Not -to- Exceed amount. For Work
Orders issued on a "Time Basis Method" with a Not -to- Exceed amount, the
CONSULTANT may invoice the amount due for actual work hours performed but, in no
event, shall the invoice amount exceed a percentage of the Not -to- Exceed amount
equal to a percentage of the total services actually completed.
(d) Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method"
with a Not -to- Exceed amount shall be treated separately for retainage purposes which
shall be prescribed on the face of the Work Order, but, if not prescribed, shall be ten
percent (10 %). If the CITY determines that work is substantially complete and the
amount retained is considered to be in excess, the CITY may, at its sole and absolute
discretion, release the retainage or any portion thereof.
(e) 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 any 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.
SECTION 4: CONSULTANT UNDERSTANDING OF SERVICES REQUIRED.
Execution of this Agreement by the CONSULTANT is a representation that the CONSULTANT is
familiar with the services to be provided and /or performed and with local conditions. 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 described in this
Agreement and to be identified Work Orders and that it is well acquainted with the work conditions
and the components that are properly and customarily included within such projects and the
requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing
entity having jurisdiction over the CITY's 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.
SECTION 5: CHANGE ORDERS.
(a) The CITY may revise the scope 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.
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Change Orders shall identify this Agreement and the appropriate Work Order number. 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
work, including all direct and indirect costs of whatever nature, and all adjustments to the
CONSULTANT's schedule.
SECTION 6: CONSULTANT RESPONSIBILITIES.
(a) The CONSULTANT shall be responsible for the professional quality, accepted
standards, technical accuracy, neatness of appearance of employees, employee conduct, safety,
and the coordination of all services furnished by the CONSULTANT under this Agreement as well
as the conduct of its staff, personnel, employees and agents. All CONSULTANT employees shall
at all times when performing work wear identification badges which, at a minimum, provides the
name of the employee and the CONSULTANT.
(b) The CONSULTANT shall provide to the CITY a list of employees working on the
project. The CONSULTANT shall provide to the CITY a list of employee working days, times and
assignments within forty -eight (48) hours of the CITY's written request for such information. This
information, when requested by the CITY, shall be provided to the CITY prior to the employees of
the CONSULTANT entering the CITY's premises.
(c) The CONSULTANT shall comply with Section 2 -67 of the Sanford City Code as it
relates to security screenings of private contractors and employees of private contractors. The
CONSULTANT shall cause each person found by the City Commission to be functioning in a
position critical to the security and /or public safety of the CITY by reason of access to any publicly
owned or operated facility to undergo the following inquiries and procedures conducted by the City
of Sanford:
(i) Fingerprinting in accordance with the CITY's pre - employment procedures,
(ii) Submission of the fingerprints to the Florida Department of Law Enforcement
for state criminal history evaluation, and
(iii) Submission of the fingerprints to the Federal Bureau of Investigation for a
national criminal history evaluation.
Such confidential information shall be used by the CITY to determine a person's eligibility to
function in such critical employment position(s) as described. Additionally, the CITY may request
and the CONSULTANT shall provide the name, address and social security number and licenses
(driver's, commercial drivers license or CDL, or other operator's license) for employees of the
CONSULTANT that may work on the CITY's premises in positions found by the City Commission
to be critical to the security and /or public safety of the CITY by reason of access to any publicly
owned or operated facility. The CONSULTANT shall release such information upon approval of
the employees. If an employee refuses to authorize the release of their address, social security
number and /or licenses they shall not be allowed to work or continue to work in such critical
positions.
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(d) The CONSULTANT shall work closely with the CITY on all aspects of the provision of
the services. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, competence, methodology, accuracy and the coordination of all of the following which
are listed for illustration purposes only 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 his /her /its plans, analysis,
data, reports, designs, drawings, specifications, and any and all other services of whatever type or
nature. The CONSULTANT's submissions in response to the subject bid or procurement
processes are incorporated herein by this reference thereto.
(e) 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 or
of any cause of action arising out of the performance of this Agreement and the CONSULTANT
shall be and 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.
(f) The rights and remedies of the CITY, provided for under this Agreement, are in
addition to any other rights and remedies provided by law.
(g) 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.
(h) The CONSULTANT shall cooperate with the CITY in the implementation of the
CITY's tax recovery program and, to that end, the CITY may make purchases directly under its
purchase order processes relative to various materials, supplies and equipment that may be part
of the services provided under this Agreement. The CONSULTANT hereby recognizes the right of
the CITY to engage in tax recovery/savings through direct purchases.
SECTION 7: 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 representative, as appointed by the designated
representative to administer, review and coordinate the provision of services under Work Orders.
(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 and necessity of said
personnel to assist the CONSULTANT shall be determined solely at the discretion of the CITY.
(d) The CITY shall examine all of the CONSULTANT's services 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.
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(e) The CITY shall transmit instructions, relevant information, and provide interpretation
and definition of CITY policies and decisions with respect to any and all services covered by this
Agreement.
(f) 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.
(g) 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 as well as the
adjustment of payments made to the CONSULTANT based upon the quality of work of the
CONSULTANT.
(h) 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.
(i) 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.
Q) 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 or the public caused by the CONSULTANT's negligent or wrongful provision
or performance of any of the services furnished under this Agreement.
(k) All deliverable analysis, reference data, survey data, plans and reports or any other
form of written instrument or document that may result from the CONSULTANT'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.
SECTION 8: COMPENSATION.
(a) Compensation to the CONSULTANT shall be as set forth in each Work Order which
assigns services to be accomplished by the CONSULTANT.
(b) The CONTRACT shall be paid in accordance with the schedule of charges as set
forth in Exhibit "B" attached hereto..
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(c) There are no reimbursable expenses to be paid to the CONSULTANT except as
specifically set forth herein.
SECTION 9: INVOICE PROCESS.
(a) Invoices, which are in an acceptable form to the CITY and without disputable items,
which are received by the CITY, will be processed for payment within thirty (30) days of receipt by
the CITY.
(b) The CONSULTANT will be notified of any disputable items contained in invoices
submitted by the CONSULTANT within fifteen (15) days of receipt by the CITY with an explanation
of the deficiencies.
(c) The CITY and the CONSULTANT will make every effort to resolve all disputable
items contained in the CONSULTANT's invoices.
(d) Each invoice shall reference this Agreement, the appropriate Work Order and
Change Order if applicable, and billing period.
(e) The Florida Prompt Payment Act shall apply when applicable. A billing period
represents the dates in which the CONSULTANT completed services referenced in an invoice.
(f) Invoices are to be forwarded directly to:
Finance Department
City Of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
SECTION 10: COMMENCEMENT /IMPLEMENTATION SCHEDULE OF AGREEMENT.
(a) The CONSULTANT shall commence the provision of services as described in this
Agreement upon execution of this Agreement or execution of this Agreement or execution of a
Work Order issued by the CITY. Work Orders shall be issued in substantially the form set forth in
Exhibibit "C" to this Agreement.
(b) The CONSULTANT and the CITY agree to make every effort to adhere to the
schedules required by the CITY or as established for the various Work Orders as described in
each Work Order. However, if the CONSULTANT is delayed at any time in the provision of
services by any act or omission of the CITY, or of any employee, tumult 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, terrorism, unavoidable casualties, or any other causes
of force majeure 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
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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: TERM /LENGTH OF AGREEMENT.
(a) The initial term of this Agreement shall be for a period of one year. It is noted that as
provided by the "CCNA ", this agreement will be limited by:
(1) Projects in which construction costs do not exceed $1 million
and /or study activity when the fee for such professional service does not
exceed $50,000
(2) Or for work of a specified nature as outlined in the contract
required by the City, with no time limitation except that the contract will include
a termination clause.
(b) One year from the date of this agreement, an evaluation and review by the CITY will
be conducted which will determine if the CONSULTANT is certified for a new one year contract.
(c) The contracts may be extended by mutual agreement of the City and the Consultant.
It is noted that extended contracts without the recertification process are subject to the limitations
outlined above.
SECTION 12: DESIGNATED REPRESENTATIVES.
(a) The CITY designates the City Manager or his /her designated representative, to
represent the CITY in all matters pertaining to and arising from the work and the performance of
this Agreement.
(b) The City Manager, or his /her 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;
(3) Giving prompt written notice to the CONSULTANT whenever the CITY official
representative knows of a defect or change necessary in the project; and
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(4) Coordinating and managing the CONSULTANT's preparation of any
necessary applications to governmental bodies, to arrange for submission of such applications.
(c) Until further notice from the City Manager the designated representative for this
Agreement is:
F. William Smith, Purchasing Manager
City Of Sanford, City Hall
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: (407) 688 -5028
(d) The CONSULTANT's designated representative is:
Ian A. Reeves Vice President
Architects Design Group Inc.
P.O. Box 1210
333 N. Knowles Avenue
Winter Park FL 32790
SECTION 13: TERMINATION /SUSPENSION OF AGREEMENT.
(a) The CITY may terminate this Agreement or any Work Order for convenience at any
time or this Agreement or any Work Order for any one (1) or more of the reasons as follows:
(1) If, in the CITY's opinion, adequate progress to be provided or under a Work
Order is not being made by the CONSULTANT due to the CONSULTANT's failure to perform; 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, and the requirements of Federal and /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 /her 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 Federal, State or local law or any provision of the CITY's Code of Conduct.
(b) In the event of any of the causes described in this Section, the CITY's designated
representative may send a certified letter t r should not be Hated CONSULTANT
sho cause why the Agreement or any ork Orde
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satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to
the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the
CONSULTANT to be in default, and may then 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 the CITY shall have the right to so terminate
this Agreement without any recourse by the CONSULTANT.
SECTION 14: TERMINATION BY CONSULTANT FOR CAUSE.
The CONSULTANT may terminate this Agreement only if the CITY fails to pay the CONSULTANT
in accordance with this Agreement. In the event of such cause, 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 fifteen (15) days of the receipt
by the CITY of said show cause notice, then the CONSULTANT may consider the CITY to be in
default, and may immediately terminate this Agreement.
SECTION 15: 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,
in writing of deficiencies or default in the performance of its duties under the Agreement and the
CONSULTANT shall have ten (10) days to correct same or to request, in writing, a hearing.
(b) Failure of the CONSULTANT to remedy said specified items of deficiency or default
in the notice by either the CITY's designated representative within ten (10) days of receipt of such
notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be
relieved of any and all responsibilities and liabilities under the terms and provisions of the
Agreement.
(c) The CITY shall have the right to terminate this Agreement without cause with a one -
hundred twenty (120) day written notice to the CONSULTANT. The CITY reserves the right to
terminate any Agreement for cause with a five (5) day written notice to the CONSULTANT. Notice
shall be served to the parties as specified in the Agreement.
(d) In the event that this Agreement is terminated, the CITY shall identify any specific
Work Order(s) being terminated and the specific Work Order(s) to be continued to completion
pursuant to the provisions of this Agreement.
(e) This Agreement will remain in full force and effect as to all authorized Work Order(s)
that is /are to be continued to completion.
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(f) In the event that after the CITY's termination for cause for failure of the
CONSULTANT to fulfill its obligations under this Agreement it is found that the CONSULTANT has
not so failed, the termination shall be deemed to have been for convenience and without cause.
SECTION 16: PAYMENT IN THE EVENT OF TERMINATION.
In the event this Agreement or any Work Order is terminated or canceled prior to final completion
without cause, 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 17: 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 18: SUSPENSION.
(a) The performance or provision of the CONSULTANT's services under any Work
Order or 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 within seven (7) days from the date of mailing, and the CITY shall pay to the
CONSULTANT within thirty (30) 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 19: 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.
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SECTION 20: INDEMNITY AND INSURANCE.
(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. Additionally, the CONSULTANT accepts
responsibility for all damages resulting in any way related to the performance of work.
(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 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; provided, however,
that the CONSULTANT must also comply with the provisions of this Agreement relating tc
insurance coverages.
(f) The CONSULTANT shall submit a report to the CITY within twenty -four (24) hours of
the date of any incident resulting in damage or which is reasonably likely to result in a claim of
damage.
SECTION 21: INSURANCE.
(a) The CONSULTANT shall obtain or possess and continuously maintain the following
insurance coverage, from a company or companies, with a Best Rating of A- or better, authorized
to do business in the State of Florida and in a form acceptable to the City and with only such terms
and conditions as may be acceptable to the CITY:
(1) Workers Compensation /Employer Liability: The CONSULTANT shallll provide
Worker's Compensation for all employees. The limits will be statutory limits for Worker's
Compensation insurance and $1,000,000 for Employer's Liability.
Page 13 of 26
(2) Comprehensive General Liability: The CONSULTANT will provide coverage
for all operations including, but not limited to, contractual, products and complete operations and
personal injury. The limits will not be less than $1,000,000 Combined Single Limit (CDL) or its
equivalent.
(3) Comprehensive Automobile Liability: The CONSULTANT shall provide
complete coverage for owned and non -owned vehicles for limits not less than $1,000,000 CSL or
its equivalent.
(4). Professional Liability: The CONSULTANT shall provide professional liability
insurance as well as errors and omission insurance in a minimum amount of $1,000,000 CSL or its
equivalent.
(b) All insurance other than Workers Compensation to be maintained by the
CONSULTANT shall specifically include the CITY as an additional insured.
(c) The CONSULTANT shall provide Certificates of Insurance to the CITY evidencing
that all such insurance is in effect prior to the issuance of the first Work Order under this
Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement.
Neither approval by the CITY nor failure to disapprove the insurance furnished by a
CONSULTANT shall relieve the CONSULTANT of the CONSULTANT's full responsibility for
performance of any obligation including the CONSULTANT's indemnification of the CITY under
this Agreement. If, during the period which an insurance company is providing the insurance
coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of
Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the
requisite Best's Rating and Financial Size Category, the CONSULTANT shall, as soon as the
CONSULTANT has knowledge of any such circumstance, immediately notify the CITY and
immediately replace the insurance coverage provided by the insurance company with a different
insurance company meeting the requirements of this Agreement. Until such time as the
CONSULTANT has replaced the unacceptable insurer with insurance acceptable to the CITY, the
CONSULTANT shall be deemed to be in default of this Agreement.
(d) The insurance coverage shall contain a provision that requires that prior to any
changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will
be given to the CITY by submission of a new Certificate of Insurance.
(e) The CONSULTANT shall furnish Certificate of Insurance directly to the CITY's
designated representative. The certificates shall clearly indicate that the CONSULTANT has
obtained insurance of the type, amount and classification required by this Agreement.
(f). Nothing in this Agreement or any action relating to this Agreement shall be construed
as the CITY waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida
Statutes.
(g) The CITY shall not be obligated or liable under the terms of this Agreement to any
party other than the CONSULTANT. There are no third party beneficiaries to this Agreement.
Page 14 of 26
(h). The CONSULTANT is an independent contractor and not an agent, representative,
or employee of the CITY. The CITY shall have no liability except as specifically provided in this
Agreement.
(i) All insurance shall be primary to, and not contribute with, any insurance or self -
insurance maintained by the CITY.
SECTION 22: 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) 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.
(c) The CONSULTANT hereby certifies that no undisclosed (in writing) 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 ensure that all taxes due from the CONSULTANT are paid
in a timely and complete manner including, but not limited to, occupational license tax.
(e) If the CITY determines that any employee or representative of the CONSULTANT is
not satisfactorily performing his /her assigned duties or is demonstrating 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.
(f) The CONSULTANT shall not publish any documents or release information
regarding this Agreement to the media without prior approval of the CITY.
(g) 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 of this Agreement.
Page 15 of 26
(h) 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 of this Agreement by the
CITY. The CONSULTANT shall provide a certification of compliance regarding the public crime
requirements set forth in State law upon request by the CITY.
(i) 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.
Q) 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.
(k) 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.
(1) 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.
(m) 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.
(n) 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.
(o) The CONSULTANT shall advise the CITY in writing of it who has been placed on a
discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a
public entity, or may not transact business with any public entity.
(p) The CONSULTANT shall not engage in any action that would create a conflict of
interest in the performance of that actions of 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.
Page 16 of 26
SECTION 23: 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 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 (5) 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 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.
(d) 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 Flagler, or any representatives, 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.
(e) 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 (30) days of notice by the CITY of the request for the refund.
(f) The CONSULTANT agrees to fully comply with all State laws relating to public
records.
(g) 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.
SECTION 24: CODES AND DESIGN STANDARDS.
(a) All services to be provided for performed by the CONSULTANT shall, at a
minimum, be in conformance with commonly accepted industry and professional codes and
standards, standards of the CITY, and the laws of any and all Federal, State and local regulatory
agencies.
Page 17 of 26
(b) The CONSULTANT shall be responsible for keeping apprised of any changing laws,
applicable to the services to be performed under this Agreement.
SECTION 25: ASSIGNABILITY.
(a) 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, trusl
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.
(b) The CONSULTANT agrees to reasonably participate in the contract "piggybacking"
programs pertinent to local governments.
SECTION 26: SUBCONSULTANTS.
(a) Any CONSULTANT's 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, occupational
license tax proof of payment, and insurance certifications.
(b) The CONSULTANT shall coordinate the provision of services and work product of
any CITY approved subConsultants, 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 subConsultant to assume performance of the CONSULTANT's 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.
(d) The CONSULTANT shall reasonably cooperate at all times with the CITY and other
CITY Consultants and professionals.
SECTION 27: 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.
(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 Agreement. Accordingly, this Agreement shall not be construed or interpreted
more strictly against any one party than against any other party.
SECTION 28: FORCE MAJEURE.
Page 18 of 26
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. Force Majeure shall include, but not be limited to, hostility, terrorism, 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 Section is beyond the control and without the fault or negligence of the party seeking relief
under this Section.
SECTION 29: EXTENT OF AGREEMENT /INTERGRATION /AMENDMENT.
(a) This Agreement, together with the exhibit(s), if any, constitutes 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 hereto, 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.
(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 30: 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:
For the CITY:
Sherman Yehl,
City Manager
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: 407 - 330 -5602
E -mail address: vehlr ci.sanford.fl.us
With a copy to:
Page 19 of 26
F. William Smith
Purchasing Manager
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: 407 - 330 -5613
E -mail address: smithb(@-ci.sanford.fl.us
For the CONSULTANT:
Ian A. Reeves, Vice President
Architects Design Group, Inc.
P.O. Box 1210
333 N. Knowles Avenue
Winter Park, FL 32790
(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 proper written notice under the terms of the Agreement.
SECTION 31: 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 32: 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.
SECTION 33: EXHIBITS.
Each exhibit referred to and attached to this Agreement is an essential part of this
Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached
hereto, shall be treated as if they are part of this Agreement.
Page 20 of 26
SECTION 34: CAPTIONS.
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 35: SEVERABILITY /CONSTRUCTION.
(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 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 para materia with all
other provisions hereof.
SECTION 36: 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 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: SUBMITTALS.
The following are items the Consultant must submit to the City as stated in this Agreement::
a) Description of Services; Section 2.
Page 21 of 26
b) Worker compensation insurance for all employees; Section 21, Paragraph (a) (1)
c) Certificates of insurance; Section 21, Paragraph (c)
d) Conflict of Interest Statement; Section 17, Paragraph (c)
This Agreement describes each item listed above in detail. All provided to the City must be
accurate and updated certifying the Consultant is proceeding correctly.
SECTION 39: EXHIBITS.
Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement.
The Exhibits and any amendments or revisions thereto, even if not physically attached hereto,
shall be treated as if they are part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the respective dates under each signature: the CITY through its City Commssion taking action on
the day of , 200_, and the CONSULTANT signing by and through its
duly authorized corporate officer having the full and complete authority to execute same.
ATTEST.
By:
Corporate Secretary or Witness
Date: 2 0�
CONSU
'rint ame and Title
orporate President or Designee
Authorized to Commit the Organization
Date:
Date: ` �� D�U • / 9
For the use and reliance of the City of
Sanford only. Approved as to form
and legal sufficiency.
/s/ William L. Colbert
William L. Colbert, City Attorney
CITY OF SANFORD
Linda Ku n, Mayor
Date: ! l -1 e - Cie
Page 22 of 26
EXHIBIT "A"
CITY OF SANFORD - WORK ORDER FORM
WORK ORDER NO.: PROJECT:
CONSULTANT:
Execution of the Work Order by the CITY shall serve as authorization for the CONSULTANT
to provide for the above project, professional services as set out in the Scope of Services attached
as Exhibit "A," to that certain Agreement of between the
CITY and the CONSULTANT and further delineated in the specifications, conditions and
requirements stated in the following listed documents which are attached hereto and made a part
hereof.
ATTACHMENTS:
[ ] DRAWINGS /PLANS /SPECIFICATIONS
[ ] SCOPE OF SERVICES
[ ] SPECIAL CONDITIONS
The CONSULTANT shall provide said services pursuant to this Work Order, its attachments
and the above - referenced Agreement, which is incorporated herein by reference as if it had been
set out in its entirety. Whenever the Work Order conflicts with said Agreement, the Agreement
shall prevail.
TIME FOR COMPLETION: The work authorized by this Work Order shall be commenced
upon issuance of a Notice to Proceed by the CITY and shall be completed
within (_) calendar days.
METHOD OF COMPENSATION:
(a) This Work Order is issued on a:
[ ] FIXED FEE BASIS
[ ] TIME BASIS METHOD WITH A NOT -TO- EXCEED AMOUNT
[ ] TIME BASIS METHOD WITH A LIMITATION OF FUNDS AMOUNT
(b) If the compensation is based on a "Fixed Fee Basis," then the CONSULTANT shall
perform all work required by this Work Order for the sum of DOLLARS
($ ). In no event shall the CONSULTANT be paid more than the Fixed Fee
Amount.
(c) If the compensation is based on a "Time Basis Method" with a Not -to- Exceed
Amount, then the CONSULTANT shall perform all work required by this Work Order for a sum not
exceeding DOLLARS ($ ) . The
Page 23 of 26
CONSULTANT's compensation shall be based on the actual work required by this Work Order.
(d) If the compensation is
Amount, then the CONSULTANT is
based on a "Time Basis Method" with a Limitation of Funds
not authorized to exceed the Limitation of Funds amount of
DOLLARS ($ ) without prior
written approval of the CITY. Such approval, if given by the CITY, shall indicate a new Limitation
of Funds amount. The CONSULTANT shall advise the CITY whenever the CONSULTANT has
incurred expenses on this Work Order that equals or exceeds eighty percent (80 %) of the
Limitation of Funds amount. The CITY shall compensate the CONSULTANT for the actual work
performed under this Work Order.
(e) Payment to the CONSULTANT shall be made by the CITY in strict accordance with
,the payment terms of the above - referenced Agreement. ,
(f) It is expressly understood by the CONSULTANT that this Work Order, until executed
by the CITY, does not authorize the performance of any services by the CONSULTANT and that
the CITY, prior to its execution of the Work Order, reserves the right to authorize a party other than
the CONSULTANT to perform the services called for under this Work Order if it is determined that
to do so is in the best interest of the CITY.
IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order on
the respective dates under each signature: the CITY through its City Commssion taking action on
the day of , 200_, and the CONSULTANT signing by and through its
duly authorized corporate officer having the full and complete authority to execute same.
ATTEST. CONSULTANT.
Corporate Secretary or Witness Printed Name and Title Date
*Corporate President or Designee
Authorized to Commit the Organization
ATTEST.• CITY OF SANFORD
Janet Dougherty, City Clerk Date Linda Kuhn, Mayor Date
For the use and reliance of the City of
Sanford only. Approved as to form
and legal sufficiency.
/s/ William L. Colbert
William L. Colbert, City Attorney
Page 24 of 26
CITY OF SANFORD
Exhibit B
Project Status Report
Project Name:
Project Manager:
Status Report Period; From: To:
Phase: Planning ❑ Design ❑ Bidding ❑ Construction ❑
1. In paragraph form, list.the current status of the project and work completed this Billing
Period.
2. In paragraph form, list all milestones reached this Billing Period.
3. In paragraph form, list any pending issues or items of note.
Project Manager Signature:
Date:
Page 25 of 26
EXHIBIT C
ARCHITECTS DESIGN GROUP, INC.
ADDITIONAL SERVICES HOURLY RATES
Effective 10/08 through 10/09
Per hour rates of the Architects, Interior Designers and other personnel are established as follows:
Principals.......................................................................................... ............................... $178.00/hr.
Studio Department Principals/Project Architects ............................. ............................... 158.00/hr.
Associates......................................................................................... ............................... 132.00/hr.
ProjectManagers
...............................
118.00/hr.
..............................................................................
Designers..........................................................................................
...............................
95.00/hr.
ComputerDraftsperson I ..................................................................
...............................
79.00/hr.
Computer Draftsperson lI .................................................................
...............................
66.00/hr.
ComputerSupervisor ........................................................................
...............................
86.00/hr.
Threshold Inspector (Certified) ........................................................
...............................
82.00/hr.
Construction Administrators ............................................................
...............................
92.00/hr.
SpecificationWriter ..........................................................................
...............................
85.00/hr.
SeniorDraftsperson ..........................................................................
...............................
66.00/hr.
DraftspersonI ...................................................................................
...............................
54.00/hr.
DraftspersonIl ..................................................................................
...............................
50.00/hr.
AccountingServices .........................................................................
...............................
65.00/hr.
Staff (Word Processor I) ...................................................................
...............................
49.00/hr.
GraphicDesigner ..............................................................................
...............................
65.00/hr.
Interior Design Principal ...................................................................
...............................
95.00/hr.
InteriorDesign Designer ...................................................................
...............................
70.00/hr.
Interior Design Specification Writer ................................................
...............................
48.00/hr.
Interior Design Draftsperson I ..........................................................
...............................
65.00/hr.
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