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925-Public Safety Cpx Appraisal EXHIBIT "B" WORK ORDER FOR PROFESSIONAL APPRAISAL SERVICES AGREEMENT (RFPS 99/00 - 03) wOnK Onana NO:: PURCRASE ORDER NO.: (For billing purposes only, to be assigned by CITY after execution.) · CITY: SANFORD, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA CONSULTANT:F'lut'i' 3t'~' i~-t"l ~1 Execution of the Work Order by CYrY shall serve as authorization for the CONSULTANT to provide for the above project, professional serdces as set out in the Scope of Services attached as Exhibit "&" to that certain Agreement of 41t~ ,~V~/,fe.r~,,'--.5 between the CITY and the CONSULTANT and delineated in the specifications, conditions and requirements stated in the following listed documents which are attached hereto and made a part hereof. A TT A CItME NT S : [ ]/DRAWINGS/PLANS/SPECIFICATIONS [v'f' scorn OF sExy'acEs [ ] SPnCD, L 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 shah be commenced upon issuance of a Notice to Proceed by CITY and shall be compleied within I q ( t,,~e~endar days. METHOD OF COMPENSATION: (a) This Work Order is issued on a: [{t]/'.FIXEI) FEE BASIS [ ] TIME BASIS METHOD WITH A NOT-TO-EXCEED AMOUNq' [ ] TIME BASIS METHOD WITH A LIMITATION OF FI. YNDS AMOUNT 33 (b) If the compensation is based on a "Fixed Fee Basis," then the CONSULTANT shall perform all work · . requiredbythisWorkOrderforthesumofC~Th~o.~d/I/I;l~fi~'~ ARS($ ]d 9C)0, C)O). Inno 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 bd/t'4 DOLLARS ($ P4/,'9 The CONSULTANT'S compens tinn shall be based on the actual work required by this Work Order. (d) If the compensation is based on a 'Time Basis Method" with a Limitation of Funds Amount, then the CONSULTANT is not authorized to exceed the Limitatiox! of Funds amount of /k] ]t/4 . DOLLARS ($ N//~ ) without prior written approval of the CITY. Such approval, if given by the CITY, shall indicate a new Limitation of Ftlnds 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. Payment to the Consultant shall be made by the CITY in strict accordance with the payment terms of the above-referenced Agreement. 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 WttEREOF, the parties hereto have made and executed this Work Order on this ' ~ ~t{~ day of ~1 ,~,'-/,- , ~ for the purposes stated herein. gh6c&.bra,q&hlr d-, Secretary 21~,(d ~. LI , President ' -: 34 (CORPO~RATE SEAL) Date: ATTEST: . ' CITY COMMISSION GHERTY Anthony V a e Attachment (s): Scope of Services Scope of Services Work Order # 2002-001 "Farmers' Market Redevelopmerit Project Site Appraisals" April 2, 2002 Background: The City seeks the to establish the market value of specific parcels that may be part of the redevelopmerit activities at the Farmer's Market site on US 17-92 in Sanford, FL. The City seeks reports on four residential tracts and one acreage tract containing approximately 7.9 acres. The parcels1 are: ID #1s 36-19-30-300-0230-0000 (1309 lake Avenue) and 36-19-30-300- 0240-g000 (1311 Lake avenue) and vacant parcels 36-19-30-300-0260-0000, 36-19-30-300- 0250-0000. The parcel number for the Fa,mqers Marke~, USDA Property is 36-1 0040. Service Requested: Request for appraisal and establishment of fair market va~ue for above listed sites. Appraisal wilt include wdtten form report detailing the fair market value of sites/parcels listed. Cost Estimate: The estimated cost for the requested sen/ices is $1,900.00. (SEE attached letLe0 Requested Product: The wok product requested is an appraisal of four residential tots in a fon~ report ropEnat at $275 per parcel totaling $1,100.00 and an appraisal of the 7.9 acreage tot in summary format on a form for $800. Total product cost = $1,900 (Nineteen Hundred Dollam) Anticipated Time Frame for Completion: The anticipated time frame of completion is two weeks from giving notice-to-proceed. PROFESSIONAL APPRAISAL SERVICES AGREEMENT (RFPS 99/00 - 03) '~ItlS AGREEMENT is made and entered into this / ~ day of (/~b~ ,ce~'~9'C) , by State of Florida, whose address is .d~") D,-~.,~-~\)ItX ~I',IC~< ~N~I:)t [XZ)~'~t'91, ~ ( ~-1,.6'~1'~' '~'2-'7 "7 c~ , hereinaf[~r'rcalled the "CONSLrLTANT" and TItE CITY of SANFORD, a municipal corporation of the State of Florida, whose physical address is City Halt, 300 N. Park Avenue, Sanford, Florida 32771, hereinaf~er called the "CITY." WITNESSETIt: WEREAS, the CITY desires to retain the services of a competent and qualified consultant to provide Professional Appraisal Servines in Sanford; and WI:rEREAS, the CITY has requested and received expressions of interest for the retention of services of consultants; and WITEREAS, the CONSULTANT is competent and qualified to furnish Professional Appraisal Sendoes to t. he CITY and desires to provide profgssional services according to the terms and conditions stated herein, NOW, TKEREFORE, in consideration of the mutual understandings and covenants set forth herein, the CITY and the CONSULTANT agree as follows: SECTION 1. SERVICES. The CITY does hereby retain the CONSULTANT to furnish professional services and perform those tasks as further described in the Scope of Services attached hereto as Exhibit "A" and made a part hereof. Required services shall be specifically enumerated, described and depicted in the Work Orders authorizing performance of the specific project, task, or study. This Agreement standing alone does not authorize the performance of any work or require the CITY to place any orders for work. SECTION 2. TERM. This Agreement shall take effect on the date of its execution by the CITY and shall run for a period of one (1) year and, at the sole option of CITY, may be renewed annually thereaRer for a period of' up to thr~e (3) years total. Expiration of the term of this Agreement shall have no effect upon Work Orders issued 'pursuaht to this Agreement and prior to the expiration date. Obligations entered therein by both parties shall remain in effect until completion of the work authorized by the Work Order. SECTION 3. AUTI3[OtlIT,4,TION FOR SERVICES. Authorization for performance of professional services by the CONSULTANT under this Agreement shall be in the form of written Work Orders issued and executed by the CITY and signed by the CONSULTANT. A sample Work Order is attached hereto as Exhibit '33." Each Work Order shall describe the services required, state the dates for commencement and completion of work and establish the amount and method dfpaym~nt. The Work Orders will be issued under and shall incorporate the terms of this Agreement. The CITY makes no covenant or promise as to the number of available projects nor that, the CONSULTANT will perform any project for the CITY during the life of this Agreement. The CITY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by the CITY to be in the best interest of the CITY to do so. SECTION 4. TIME FOR COMPLETION. The services to be rendered by the CONSULTANT shall be commenced, as speeiSed in such Work Orders as may be issued hereunder, and shall be completed within the time specified therein. In the event the CITY determines that significant benefits would accrue from expediting an otherwise established time schedule for completion of services under a given Work Order, that Work Order may include a negotiated schedule of incentives based on time savings. SECTION 5. COMPENSATION. The CITY agrees to compensate the CONSULTANT for the professional services called for under this Agreement on either a "Fixed Fee" basis or on a "Time Basis Method." If a Work Order is issued under a "Time Basis Method," then CONSULTANT shall be compensated in accordance with the rate schedule attached as Ext?_ibit "C." Ira Work Order is issued for a "Fixed Fee Basis," then the applicable Work Order shall provide for no reimbursable expenses. SECTION 6. REIMBURSABLE EXPENSES. If a Work Order is issued on a "Time Basis Method," then reimbursable expenses are in addition to the hourly rates. Reimbursable expenses are subject to the applicable "Not-to-EXceed" or "Limitation of Funds" mount set forth in the Work Order. R~'unbursable expenses may include actual expenditures made by the CONSULTANT, his employees or his professional associates in the interest of the Project for the expenses listed in the following paragraphs: (a) Expenses of transportation, when traveling in connection with the Project, based on Sections 112. 061 (7) and' (8), Florida Statutes, or their successor, long distance calls and telegrams; and fees paid for securing approval of authorities having jurisdiction over the Project. (b) Expense of reproductions, postage and handling of drawings and spec't~cations. (c) If authorized in writing fn-advadce by the CITY, the cost of other expenditures made by the CONSULTANT in the interest of the Project. SECTION 7. PAYMENT AND BILLING. (a) If the Scope of services required to be performed by a Work Order is dearly defined, the Work Order shall be issued on a "Fixed Fee" basis. The CONSULTANT shall perform all work required by the Work Order but, in no event, shall the CONSULTANT be paid more than the negotiated Fixed Fee amount stated therein. (b) If the Scope of Serviees is not clearly defined, the Work Order may be issued on a "Time Basis Method" and contain aNot-to Exceed amount. If aNot-to-Exceed 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. (e) If the Scope of Services is not clearly defined, the Work Order may be issued on a "Time Basis Method" and contain a Limitation of Funds amount. The CONSULTANT is not authorized to exceed that amount without the prior written approval of the CITY. Said 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 any Work Order that equals or exceeds eight3' percent (80%) of the Limitation of ' Funds amount. 'i '~ 17 ~:: :., :. (d) For Work Orders issued on a "Fixed Fee Basis," the CONSULTANT may invoice the mount due based o'n 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. The CITY shall pay the CONSULTANT mew percent (90%) of the approved mount on Work Orders issued on a "Fixed Fee Basis." (e) 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 Nbt-to-Eicced amount equal to a percentage of the total services actually completed. The CITY shall pay the CONSULTANT ninety percent (90°/0) of the approved amount on Work Orders issued on a "Time Basis Method" with a Not-to-Exceed amount. (f) 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. 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. (g) For Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount, the CONSULTANT may invoice the amount due for services actually performed and completed. The CITY shall pay the CONSULTANT one hundred percent (100%) of the approved amount on Work Orders issued on a "Time Basis Method" with a Limitation of Funds mount. (h) 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. CONSULTANT shall render to 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 lqumber, Contract Number, Purchase Order Number and all other information required by this Agreement. The original invoice shall be sent to: Th~ City of Sanford Attn.: Accounts Payable Post Office Box 1788 Sanford, Florida 32772-1788 (i) Payment shall be made aeter review and approval by CITY within thirty (30) days of receipt of a proper invoice from the CONSULTANT. SECTION 8. GENERAL TERMS OF PAYMENT AND BI~LING. (a) Upon satisfactory completion of work required hereunder and, upon acceptance of the work by the CITY, the CONSULTANT may invoice the CITY for the full mnount of compensation provided for under the terms of this Agreement including any retainage and less any amount already paid by the CITY. The CITY shall pay the CONSULTANT within thirty (30) days of receipt of proper invoice. (b) The CITY may perform or have performed an audit of the records of the CONSULTANT at~ef final payment to support final payment hereunder. This audit would be performed at a time mutually agreeable to the CONSULTANT and the CITY subsequent to the close of the final fiscal period in which the last work is performed. Total compensaf~on to the CONSULTANT may be determined subsequent to an audit as provided for in subsections (b) and (c) of this Section, and the total compensation so determined shail be used to calculate final payment to ihe CONSULTANT. Conduct of this audit shall not delay final payment as provided by subsecfi?n (a) of this Section. (c) In addition to the above, if federal funds are used for any work under the Agreement, tl~Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records, of the CONSULTANT which rote directly pertinent to work performed under this Agreement for purposes of making audit, examination, excerpts and transcriptions. (d) The CONSULTANT agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at the CONSULTANT% office at all reasonable times during the Agreeinent period and for five (5) years from the date of final payment under the contract for audit or inspection as provided for in subsections (b) and (c) of this Section. (e) In the event any audit or inspection conducted after final payment, but within the period provided in paragraph (d) of this Section 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. SECTION 9. RESPONSIBILITIES OF THE CONSULTANT. (a) The CONSULTANT shall be responsible for the professional qu~tity, technical accuracy, competence, methodology, accuracy and the coordir/ation of all of the following which are listed for illustraf~on 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 his plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. (b) 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 of any cause of action arising qut 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 performance of any of the services furnished under this Agreement. SECTION 10. OWNERSHIP OF DOCUMENTS. All deliverable analysis, reference data, survey data, plans and reports or any other form of written instrument or document that may result from the CONSULTANTS services or have been created during the course of the CONSULTANTS performance under this Agreement shall become the property of the CITY after final payment is made to the CONSULTANT. SECTION 11. TERMINATION. (a) The CITY may, by written notice to the CONSULTANT terminate this Agreement or any Work Order issued hereunder, in whole or in pan, at any time, either for the CITY'S convenience or because of the failure 20 '~. of the CONSULTANT to fulfill its Agreement obligations. Upon receipt of such notice, the CONSULTANT shall have tlte following obligations: (1) Immediately discontinue all services affected unless the notice directs otherwise. The CITY shall identify the specific work orders being terminated and the specific work orders to be continued to completion pursuant to the provisions of this Contract. This Contract will remain in full force and effect as to all authorized work orders which are to be continued to completion despite termination of the Contract. (2) Deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and any and all such other information and' materials of whatever type or natore as may have been accumulated by the CONSULTANT in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of the CITY, the CONSULTANT shall be paid compensation for services performed to the date of termination. If this Agreement calls for the payment based on a Fixed Fee amount, the CONSULTANT shall be paid no more than a pementage of the Fixed Fee amount equivalent to the percentage of the completion of work, as determined solely and conclusively by the CITY, contemplated by this Agreement. (c) If the termination is due to the failure of the CONSULTANT to fulfill its Agreement obligations, the CITY may take over the work and prosecute the same to completion by other Agreements or otherwise. In such case, the CONSULTANT shall be liable to the CITY for all reasonable additional costs occasioned to the CITY thereby. The CONSULTANT shall not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of the CONSULTANT; provided, however, that the CONSULTANT shall be responsible and liable for the actions of its subcontractors, agents, employees and persons and entities of a sknilar type or nature. Such causes may include acts of God or of the public enemy, acts of the CITY in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embarg~ees, and unusually severe weather; but, in every case, the failure to perform must be beyond the control and without any fault or ' negligence of the CONSULTANT. (d)' If, after notice of termination .for failure to fulfill its Agreement obligations, it is determined that the CONSULTANT had not so failed, the termination shall be conclusively degmed to have been effected for the convenience of the CITY. In such event, adjustment in the Agreement price shall be made as provided in subsection (b) of this Section. (e) The fights and remedies of the CITY provided for in this Section are in addition and supplemental to any and all other fights and remedies provided by law or under this Agreement. SECTION 12. AGREEMENT AND WORK ORDER IN' CONlq3L,ICT. Whenever the terms of this Agreement conflict with any Work Order issudt pursuant to it, the Agreement shall prevail. SECTION 13. EQUAL OPPORTUNITY EM]PLOYMENT. 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, disability, or national origin and will take steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age, disability, or national origin. This provision shah include, but not be l'nnited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. SECTION 14. NO CONTINGENT FEES. The CONSULTANT warrants that !t has not employed or reta'med any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it 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, gi~ or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement at its sole discretion, without liability and to deduct from the Agreement price, or otherwise recover, the full amount of such 'fee, commission, percentage, gift, or consideration. 22 SECTION 15. CONFLICT OF INTEREST. (a) The CONSULTANT agrees that it will not contract for or accept employment for the performance of any work or service with any individual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the CITY. (b) The CONSULTANT agrees that it will neither take any action nor engage in any conduct that would cause any CITY employee to violate the provisions of Chapter 1 t2, Florida Statutes, relating to ethics in government. (c) In the event that CONSULTANT causes or in any way promotes or encourages a CITY officer, employee, or agent to violate Chaptdr 112, Florida Statutes, the CITY shah have the right to terminate this Agreement. SECTION 16. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the other party and in such cases only by a document of equal dignity herewith. SECTION 17. SUBCONTRACTORS. In the event that the CONSULTANT, during the course of the work under this Agreement, requires the services of any subcontractors or other professional associates in connect.ion with services covered by this.Agreement, the CONSULTANT must first secure the prior express written approval of the CITY. If subcontractors or other professional associates are required in connection with the services covered by this Agreement, CONSULTANT shall remain fully responsible for the services of subcontractors or other professional associates. SECTION 18. INDEMNIFICATION OF CITY. The CONSULTANT agrees to hold harmless, indemnify, and defend the CITY, its commissioners, officers, employees, and agents against any and all claims, losses, damages or lawsuits for damages, including but not limited to attorney's fees and other legal costs, arising from, allegedly arising from or related to the provision of services hereunder by the CONSULTANT. lZn accordance with Florida Statutes §725.06, adequate consideration has been provided to the CONSULTANT for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the 23 rights, priidleges, and immunities ofthe CITY as set forth in §768.28, Florida Statutes. SECTION 19. INSURANCE. (a) GENERAL. The CONSULTANT shall at the CONSULTANT'S own cost, procure the insurance required under this Section. (1) The CONSULTANT shall furnish the CITY with a Certificate of Insurance signed by an authorized representative of the insurer evidencing the insurance required by this Section (Professional Liability, Workers' Compensation/Employer's Liability and Commere'ml General Liability). The CITY, its officials, officers, and employees shall be additional nameit4nsurelt under the Commercial General Liability policy. The Certificate of Insurance shall provide that the CITY shall be given not less than thirty (30) days written notice prior to the cancellation or restriction of coverage. Until such time as the insurance is no longer required to be maintained by the CONSULTANT, the CONSULTANT shall provide the CITY with a renewal or replacement Certificate of Insurance not less than thirty (30) days before expiration or replacement of the insurance for which a previous certificate has been provided. (2) The Certificate shall contain a statement that it is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. In lieu of the statement on the Certificate, the CONSULTANT shall, at the option of the CITY submit a sworn, notarized statement from an authorized representative of the insurer that the Certificate is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. (3) In addition to providing the Certxficate of Insurance, if required by the CiTY, the CONSULTANT shall, within thirty (30) days after receipt of the request, provide the CITY with a certified copy of each of the policies of insurance providing the coverage required by this Section. (4) 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 CONSULTANT indemnification of CITY under this Agreement. 24 (b) INSURANCE COMP ANY .,REQUIREMENTS. Insurance companies providing the insurance under thid Agreement must meet the following requirements: (1) Companies issuing policies other than Workers' Compensation, must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the State of Florida. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by Section 440.57, Florida Statutes. (2) In addition, such companies other than those authorized by Section 440. 57, Florida Statutes, shall have and maintain a Best's Rating of "A" br better and a Financial Size Category of '~VIF' or better according to A_M. Best Company. ( 3 ) 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 Antho~ty, 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 an insurer acceptable to the CITY the CONSULTANT shall be deemed to be in default of this Agreement. (c) SPECIFICATIONS. Without limiting any of the other obligations or liability of the CONSULTANT, the CONSULTANT shall, at the CONSULTANTS sole expense, procure, maintain and keep in'force amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in the Agreement, the insurance shall become effective prior to the commencement of work by the CONSULTANT and shall be maintained in force until the Agreement completion date. The am6unts and types of insurance shall conform to the following minimum requirements. ( 1 ) Workers' Compensation/Employer's Liability. (A) The CONSULTANTS insurance shall cover the CONSULTANT and its subcontractors of every tier for those sources ofliab'dity which would be covered by the latest edition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employers' Liability Act and any other appFmable federal or state law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation Policy, there shall be no maximum limii'on the'mount ofceverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customadly insured under Part One of the standard Workers' Compensation Policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation Policy shall be: $ 100,000.00 (Each Accident) $ 500,000.00 (Disease-Policy Limit) $ 100,000.00 (Disease-Each Employee) (2) Commercial' General Liability. (A) The CONSULTANT'S insurance shall cover the CONSULTANT for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as fled for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical' Payment and the elimination of coverage for Fire Damage Legal Liability. (B) The minimum limits to be maintained by the CONSULTANT (inclusive of any mounts provided by an Umbrella or Excess policy) shall be those that would be provided with the attachment of the Amendment of Limits of Insurance (Designated Project or Premises) endorsement (ISO Form CG 25 01) to a Commercial General Liability Policy with amount of specified for each project: 26 ...: LIMITS General Aggregate $Three (3) Times the Each Occurrence Limit Personal &Advertising $300,000.00 Injury Limit Each Occurrence Limit $300,000.00 (3) Professional Liability Insurance. The CONSULTANT shall carry limits of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (d) COVERAGE. The inS't~ranee ~rovided by CONSULTANT pursuant to this Agreement shall apply on a primary basis and any other insurance or self:insurance maintained 'by the CITY or the CITY'S officials, officers, or employees shall be excess of and not contributing with the insurance provided by or on behalf of the CONSULTANT. (e) OCCURRENCE BASIS. The Workers' Compensation Policy and the Commercial General Liability required by this Agreement shall be provided on an occurrence rather than a claims-made basis. The Professional Liability insurance policy must either be on an occurrence basis, or, if a claims-made basis, the coverage must respcmd to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) OBLIGATIONS. Compliance with the foregoing insurance requirements shall not relieve the CONSULTANT, its employees or agents of liability ~om any obligation under a Section or any other portions of this Agreement. SECTION 20. DISPUTE RESOLUTION. 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 21. REPRESENTATIVES OF THE CITY AND TIlE CONSULTANT. 27 (a)' It is recognized that questions. in the day-to-day conduct of performance pursuant to this Agreement · will arise. The CITY, upon request by the CONSULTANT, shall designate in writing and shall advise the CONSULTANT in writing of one (1) or more of its employees to whom all communications pertaining to the day-to- day conduct of this Agreement shall be addressed. The designated representative shall have the authority to transmit instructions, receive information and interpret and define the CITY'S policy and decisions pertinent to the work covered by this Agreement. (b) The CONSULTANT shall, at all times during the normal work week, designate or appoint one or more representatives of the CONSULTXNT who are authorized to act in behalf of and bind the CONSULTANT regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the CITY continually and effectively advised of such designation. SECTION 22. ALL PRIOR AGREElVI3ENTS SUPERSEDED. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are not commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agre. ed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. SECTION 23. MODIFICATIONS, AMENDMENTS OR ALTERATIONS. No modification, amendment or alteration in the terms or conditions contained hereiri shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. SECTION 7,4. I/qDEPENDENT CONTRACTOIL 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 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 contractor with respect to all services performed under this Agreement. 28 :: ,.: SI~CTION 25. EMPLOYEE STATUS. Persons employed by the CONSULTANT in the performance of 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 26. SERVICES NOT PROVIDED FOR. No claim for services furnished by the CONSULTANT not specifically provided for herein shall be honored by the CITY. SECTION 27. PUBLIC RECORDS LAW. CONSULTANT acknowledges CITY'S obligations under Article I, Section 24, Florida Constitution and ~hapter 119, Florida Statutes, to release public records to members of the public upon request. CONSULTANT acknowledges that CITY is required to comply with Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. SECTION 28. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regularrag the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement, and shall entitle the CITY to terminate this Agreement immediately upon delivery of written notice of termi~.ation to the CONSULTANT. SECTION 29. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or eett'ttied 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. For the present, the parties designate the following as the respective places for giving of notice, to-wit: t,', ' 29 ,, !:22 j,:', ' ...: FOR Tin,. CITY Director of Engineering and Planning, Jay Marder City Hall 300 N. Park Avenue Sanford, Florida 32771 FOR THE CONSULTANT SECTION 30. RIGItTS AT LAW RETAINED. The rights and remedies of the CITY, provided for under this Agreement, are in addition and suliplemenial to any other rights and remedies provided by law. SECTION 31. EXTENT OF CONTRACT. This Contract, together with the Exhibits herdmailer idantitled and listed, constitute the entire agreement between the CITY and The CONSULTANT, and supercedes all prior written or oral understandings and eoanection therewith. This Contract may only be amended, supplemented, or modified by a formal amendment. The Exhibits made part of this Contract are as follows: Exhibit "A" Scope of Services Exhibit '~B" Work Order Forms Exhibit "C" Rate Schedule IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date below written for execution by the CITY. (CORPORATE SEAL) Date: ATTEST: CITY COMMISSION 5jANET DOUGHER~ >'~ %~Y I)AL"~., Clerk to the City Commission Date: Sanford, Florida. 30 Fo[ use and reliance of the ' City ofSanford, Florida~ only. As authorized for exeeutio y the sufficiency. ' ' ' ' ' · City Attorney "" .7//tho//A:~ EXHIBIT "A" GENERAL SCOPE OF SERVICES The City of Sanford desires to place several highly qualified planning consultants on retainer for the services identified below. The Consultant(s) shall provide expertise and technical skills, on an as needed basis, to provide to the City Professional Appraisal Services. General assignments that may be performed by the Consultant(s) under this contract solicitation may include, but are not limited to: 1. Complete appraisal of real property. 2. Firms and individuals must be certified as an MIA by the State of Florida. These consultant services are to be acc6mplishid on an as needed basis. Work is assigned by work order based on the needs and requirements of the City. In all eases the Consultant(s) will work with and receive guidance from the City staff to development appropriate requirements, guidelines and criteria for each project. The Consultant(s) will in all eases develop a scope of work based on the appropriate requirements, guidelines and criteria along with a proposed fee for performing the work, a schedule for completion of the projects and a list of key personnel assigned to the projects. The Consultant(s) will submit the proposed scope of work, with required attachments, to the appropriate City Staff for approval and issuance of a work order prior to commencing work. The City desires to retain.at least one company with strong skills and demonstrated expertise in each of the above-described areas. The City will interview qualified firms and may retain selected consultants for one (1) year and at the sole option of the CITY, may renew annually thereafker for a period of up to three (3) years total. 32 ' EXHIBIT "B" WORK ORDER FOR PROFESSIONAL APPRAISAL SERVICES AGREEMENT (RFPS 99/00 - 03) WORK ORDER NO.: PURCHASE ORDER NO.: (For billing purposes only, to be assigned by CITY after execution.) PROJECT: · CITY: SANFORD, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA CONSULTANT: Execution of the Work Order by CITY shall serve as authorization for the CONSULTANT to provide for the above project, professional services as set out in the Scope of Servicos 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. ATTACH2MENTS: [ ] DRAWINGS/PLANS/SPECIFICATIONS [ ] .scoP OF SERwcES [ ] SPECXAL CO rD T O qS [1 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. TIiM[E FOR COMPLETION: The work authorized by this Work Order shah be commenced upon issuance of a Notice to Proceed by CITY and shall be completed within ( ) calendar days. METHOD OF COMPENSATION: (a) This Work Order is issued on a: [ ] IrlXED FEE BASIS [ ] TiMIi BASIS METHOD WFHt A NOT-TO-EXCEED AMOUNT [ ] TIME BASIS METHOD WITH A LIMH'ATION OF FUNT)S AMOUNT 33 (b) If the compensation is based 8n a "F~xed Fee Basis," then the CONSULTANT shall perform all work required by this Work Order for the sum of DOLLAKS ($ ). 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-Bxceed Amount, then the CONSULTANT shall perform all work required by this Work Order for a sum not exceeding DOLLAKS ($ ). The CONSULTANTS compensation shall be based on the actual work required by this Work Order. (d) If the compensation is based on a 'Time Basis Method" with a Limitation of Funds Amount, then the CONSULTANT is not authorized to exceed the Limitation of Funds mount of DOLLAKS ($ ) without prior written approval of the CITY. Such approval, if given by the CITY, shall indicate a new Limitation of Funds mount. The CONSULTANT shall ad~;ise 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. Payment to the Consultant shall be made by the CITY in strict accordance with the payment terms of the above-referenced Agreement, /.;: 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 WETNESS WHEREOF, the parties hereto have made and executed this Work Order on this day of , , for the purposes stated herein. ATTEST: By: Secretary , President 34 :, (CORPORATE SEAL) Date: ATTEST: CITY COMMISSION SANFORD, FLORIDA By: JANET DOUGHERTY LARRY DALE, MAYOR Clerk to the City Commission Date: Sanford, Florida. For use and reliance of the As authorized for execution by the City of Sanford, Florida, only. City Commission at its Approved as to form and legal .-. __, regular meeting. sufficiency. City Attorney Attachment (s): Scope of Services EXHIBIT "C" RATE SCHEDULE Commercial Appraisal ServiCes Rates(Hourly Rates unless flat fee): 1. MAI - State Certified General Appraiser ~ 100 2. State Certified General/Residential Appraiser ~ 75 3. State Registered Appraiser ~ 60 4. Researcher ~ 40 5. Clerical/Word Processing $ 25 Out-of-Pocket Expenses: 1. Support Documents; Warranty Deeds, Mortgages, Tax Cards, etc. 2. Aerial Photographs 3. Photographic Expense 4. Exhibits; Charts; Boards; Renderings 5. Travel; Mileage @ $.315/mile; Car Rental; 6. Telephone Charges 7. Additional Report Copies @ 91.00 per page '! 3 6 .