HomeMy WebLinkAbout2008 10 13 Consent 209 Extension of Contract for Inspection Services with Framensons COMMISSION AGENDA
ITEM 209 Consent X
Information
Public Hearing
Regular
October 13, 2008 Mgr.? Jv\ /Dept. I, /,'
Meeting
REQUEST: The Community Development Department and Building Division requests that
the Commission authorize the extension of a General Independent Contractor Agreement for
Contract Building Inspection Services with Framensons, Inc.
PURPOSE:
The purpose of this agenda item is to request authorization to extend a General Independent
Contractor Agreement with Framensons, Inc. for Contract Building Inspection Services at an
hourly rate of $75.00 for commercial certified inspectors /plan examiners and $65.00 for
residential certified building inspectors for FY 2008/2009.
CONSIDERATIONS:
The City Commission previously authorized the expenditure of funds for contract building
inspection services in lieu of a staff position which the City was unable to fill. These services are
needed to fulfill the City's building inspection obligations and to improve customer service.
Framensons, Inc. was originally hired for these services.
This relationship with Framensons, Inc. has proven to be beneficial to the City.
Workloads over the past several years have fluctuated from record levels in 2006 (approaching
1530 inspections each month) to the more recent reduced levels of activity. Framensons, Inc.
has responded to this workload decrease by utilizing only one to two inspectors to perform the
necessary inspections. This adjustment has enabled the City to reduce costs for building
inspections services based upon the required workload. The City has been extremely pleased
with the performance levels and the quality of Framenson's work and their ability to perform
quality inspections during the normal workload and, at those more recent times when inspections
levels have fallen, to adjust their work schedule in response to the decreased workload, thereby
decreasing the City's costs for these services accordingly. When the inspection levels increase,
Framensons, Inc. will be able to respond with more inspectors to provide the same level of
service during increased building /inspection activity.
October 13, 2008
Consent Agenda Item 209
Page 2
Framensons continues to be competitive with its hourly rates for multiple- certified inspectors. In
addition, Framensons has been able to adjust their levels of service (i.e. number of inspectors and
hours) in response to the fluctuations in building activity and they are familiar with the various
codes, in addition to the standard building code, that are applicable to the Town Center and the
various overlay areas of the City. Current industry rates for commercial and residential
inspectors are as follows:
Framensons Universal PDCS
Commercial Inspector Rate $75/hour $75/hour $75/hour
Residential Inspector Rate $65/hour $65 /hour $65/hour
FUNDING:
All necessary vehicles, fuel, insurances, mobile phones, benefits and small tools shall be
provided by Framensons, Inc. The costs for contract inspection services will be paid from the
Development Services Enterprise Fund — Plans and Inspections line code (2410 - 53181). The FY
2008/2009 budget is $200,000.
RECOMMENDATION:
It is staff's recommendation that authorization be granted to extend the General Independent
Contractor Agreement with Framensons, Inc. for contract building inspection services for one (1)
year at a cost of $65 per hour for residential certified inspector and $75.00 per hour for a
Commercial certified inspector /plans examiner, subject to final review and approval of the City
Attorney. This extension is allowed by Section 10.1 of the subject agreement.
IMPLEMENTATION SCHEDULE:
This agreement will provide for contract inspection services for FY 2008/2009.
ATTACHMENTS:
A. Original Agreement with Framensons
B. Extension Agreement to Contract
COMMISSION ACTION:
2
ATTACHMENT A
GENERAL INDEPENDENT CONTRACTOR
AGREEMENT
THIS AGREEMENT is made this~~day of October, 2006, by and between the CITY OF
WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose address is 1126 East
State Road 434, Winter Springs, Florida ("City"), and FRAMENSONS, INC., a Florida for-profit
corporation whose address is 860 Montclair Terrace, Orange City, Florida 32763 ("Contractor").
RECITALS:
WHEREAS, the Contractor desires to provide to the City certain services under the terms
and conditions set forth in this Agreement.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good,
diverse, and valuable considerations, the receipt and sufficiency all or which is hereby
acknowledged, the parties desiring to be legally bound do hereby agree as follows:
ARTICLE 1
GENERAL PROVISIONS
1.1 Definitions. For purposes of this Agreement, the following terms and words shall
have the meaning ascribed to them, unless the context clearly indicates otherwise.
(a) "Agreement" or "Contract" shall be used interchangeably and shall refer to
this Agreement, as amended from time to time, which shall constitute
authorization for the Contractor to provide the services stated herein to the
City.
(b) "City" is the City of Winter Springs, Florida, a Florida Municipal
Corporation.
(c) "Contractor" shall mean FRAMENSONS, INC., and
any employees, contractors, or agents thereof.
(d) "Effective Date" shall be October 1, 2006, and it shall be the date on which
this Agreement shall go into effect. The Agreement shall not be effective
against any party until said date.
(e) "Public Record" is as described in Section 119.011(1), Florida Statutes.
General Independent Contractor Agreement
City of Winter Springs - Framensons, Inc.
Page 1 of 11
(f) "Services" shall include the performance of the Services outlined in Article
2 of this Agreement.
1.2 Ent:aQement. The City hereby engages the Contractor and the Contractor agrees to
perform the Services outlined in this Agreement for the stated fee arrangement. No prior or
present agreements or representations shall be binding upon any of the parties hereto unless
incorporated in this Agreement.
1.3 Due Diligence. The Contractor acknowledges that it has investigated prior to
execution of this Agreement and satisfied itself as to the conditions affecting the Services, the
availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance
and coordinate with utilities as set forth herein, and the steps necessary to complete the Services
within the time set forth herein. The Contractor warrants unto the City that it has the competence
and abilities to carefully and faithfully complete the Services within the time set forth. The
Contractor will perform its Services with due and reasonable diligence consistent with sound
professional practices.
1.4 CCNA Services. The Contractor warrants unto the City that the Services being
performed pursuant to this Agreement does not constitute professional services as defined by
Section 287.055(2)(a), Florida Statutes.
ARTICLE 2
DESCRIPTION OF SERVICES TO BE PERFORMED
2.1 Scope of Services. The Contractor agrees to provide the following services to the
City:
(a) Contractor shall provide copies of each license granted to him by the State of Florida
and will perform both plan review and inspection services related to the authority granted within
such licenses.
(b) Contractor shall keep current ali licenses necessary to provide these services.
(c) Contractor shall provide these services between 8:00 A.M. and 4:00 P.M., Monday
through Friday, excluding City recognized holidays and scheduled career development days.
Contractor further agrees that the number of hours provided hereunder shall be determined by the
Building Official based on the inspection and plan review workload demand being experienced
by the City in any given week.
(d) Contractor shall provide all tools which are required to perform the inspection services
and/or plan review services.
General ]ndependent Contractor Agreement
City of Winter Springs - Framensons, Inc.
Page 2 of 11
(e) Contractor shall report directly to the City's Building Official for purposes of
performing the inspection and plan review services required hereunder.
2.2 Professionalism. The Contractor shall do, perform and carry out in a professional
manner all Services required to be performed by this Agreement.
2.3 Submittal of Progress Reports. Upon request by the City, Contractor shall submit
a written progress report as to the status of all Services set forth in this Agreement. The report
shall in a sufficient manner demonstrate what services were performed under this Agreement. If
the detail is not sufficient in the City Manager's reasonable discretion to permit the City to
determine the Services performed or the manner in which it is being performed, the City may seek
more detail from the Contractor.
2.4 Warranty of Professional Services. The Contractor hereby warrants unto the City
that it has sufficient experience to properly complete the Services specified herein or as may be
performed pursuant to this Agreement. In pursuit of any Services, the Contractor shall supervise
and direct the Services, using its best skill and attention and shall enforce strict discipline and good
order among its employees. The Contractor shall comply with all laws, ordinances, rules,
regulations, and lawful orders of any public authority hearing on the performance of the Services.
The Contractor shall pay all taxes, fees, license fees required by law, including but not limited to
occupational fees and withholding taxes and assume all costs incident to the Services, except as
provided herein.
ARTICLE 3
COMPENSATION, PAYMENT TERMS
3.1 Compensation. Contractor shall be compensated on an hourly basis for Services
provided. The rate for said Services shall be Seventy Dollars ($70.00) per hour for a residential
certified inspector and Seventy-Five Dollars ($75.00) per hour for a commercial certified
inspector. Any reasonable out-of-pocket expenses shall be reimbursed provided said expenses are
approved by the City Manager in advance and in writing. No other compensation shall be due
Contractor for the Services provided under this Agreement, unless specifically agreed to by City
in advance and in writing.
3.2 Invoices and Payment Terms. Contractor shall submit to the City detailed invoices
for all Services performed and reimbursable expenses incurred under this Agreement. Proper
invoices shall be submitted and paid within twenty (20) days of receipt, in accordance with the
Florida Prompt Payment Act.
General Independent Contractor Agreement
City of Winter Springs - Framensoas, Inc.
Page 3 of 11
ARTICLE 4
GENERAL CONDITIONS OF SERVICES
4.1 City Inspection. Subject to a right of appeal to the City Commission of the City of
Winter Springs, the City Manager shall have authority to reject Services as not conforming to this
Agreement.
4.2 Services is a Private Undertaking. With regard to any and all Services performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that the
contractual relationship between the City and the Contractor is such that the Contractor is an
independent contractor and not an agent of the City. The Contractor is an independent contractor
and not an employee of the City. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of an independent contractor, between the City, on one hand, and the
Contractor, during or after the performance of the Services under this Agreement.
4.3 Ci 's Responsibilities. The City shall cooperate with the Contractor by:
(a) Designating a person with authority to act on the City's behalf on all matters
concerning the Services being provided hereunder;
(b) Furnish to the Contractor a copy of all available studies, reports, and other
data pertinent to the Services and in the possession of the City;
(c) Arrange •for access to public and private property by the Contractor as
necessitated by the Services.
(d) City shall be responsible for the preparation and service of notices and other
documentation necessitated by the Services provided by Contractor and the Florida
Building Code.
ARTICLE 5
SUBCONTRACTS; ASSIGNMENT
5.1 Assii?nment and Subcontracting. Unless otherwise specifically required by this
Agreement, the Contractor shall not assign, sublet, or transfer any rights or Services under or
interest in (including, but without limitations, moneys that may become due) this Agreement
without the written consent of the City, except to the extent that any assignment, sublet, or transfer
is mandated by law or the effect of this limitation may be restricted by law. Unless specifically
stated to the contrary in any written consent to any assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement. Further, the
Contractor shall not subcontract any portion or all of the Services without the written consent of
the City. Nothing under this Agreement shall be construed to give any rights or benefits in this
General Independent Contractor Agreement
City of Winter Springs - Framensons, Inc.
Page 4 of 11
Agreement to anyone other than the City and the Contractor, and all duties and responsibilities
undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and
the Contractor and not for the benefit of any other party.
5.2 The City reserves the right to perform any Services related to this Agreement.
5.3 Any costs caused by defective or ill-timed Services shall be borne by the party
responsible therefor.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Governing Law; Venue. This Contract shall be governed by the law of the State of
Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties
agree that the Agreement was consummated in Seminole County, and the site of the Services is
Seminole County. If any dispute concerning this Contract arises under Federal law, the venue will
be Orlando, Florida.
6.2 Contractor's Representative. The Contractor shall designate an individual to act as
a representative for the Contractorunder this Agreement with the authority to transmit instructions,
receive information, and make or interpret the Contractor's decisions. This person shall be the
Contractor's contract administrator. The Contractor may from time to time designate other
individuals or delete individuals with the authority to act for the Contractor under this Agreement
with the authority to transmit instructions, receive information, and make or interpret the
Contractor's decisions. All deletions or designation of individuals to serve as a representative shall
be given by written notice.
6.3 Notices. All projects hereunder, all notices, demands, requests, instructions, approvals,
and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or
by hand delivery to an individual authorized to receive mail for the below listed individuals, all
to the following individuals at the following locations:
TO THE CITY:
Ronald W. McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Fl. 32708-2799
407-327-1800 (Phone)
407-327-4753 (Fax)
General Independent Contractor Agreement
City of Winter Springs - Framensona, Inc.
Page 5 of 11
TO THE CONTRACTOR:
Framensons, Inc.
c/o Andrew R. Frame, Florida Certified and Licensed Inspector
860 Montclair Terrace
Orange City, Florida 32763
386-956-8400 (Phone)
407-327-8826 (Fax)
Notice shall be deemed to have been given and received on the date the notice is physically
received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid,
then notice shall be deemed to have been given upon the date said notice was deposited in the U.S.
Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner
set forth herein may unilaterally change the name of the person to whom notice is to be given or
the address at which notice is to be received.
6.4 Public Record. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of the
Contractor related, directly or indirectly, to this Agreement, may be deemed to be a Public Record
whether in the possession or control of the City or the Contractor. Said record, document,
computerized information and program, audio or video tape, photograph, or other writing of the
Contractor is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed
without the specific written approval of the City. Upon request by the City, the Contractor shall
promptly supply copies of said public records to the City. All books, cards, registers, receipts,
documents, and other papers in connection with this Agreement shall at any and all reasonable
times during the normal working hours of the Contractor be open and freely exhibited to the City
for the purpose of examination and/or audit.
6.5 Reuse of Documents. All documents, including but not limited to, drawings,
specifications, and data, or programs stored electronically or otherwise, prepared by the Contractor
pursuant to this Agreement or related exclusively to the services described herein (if any) maybe
reused by the City for any reason or purpose at anytime.
6.6 Ownership of Documents. The City and the Contractor agree that upon payment of
fees due to the Contractor by the City for a particular design, report, inventory list, compilation,
drawing, specification, model, recommendation, schedule or otherwise, said design, report,
inventory list, compilation, drawing, specification, technical data, recommendation, model,
schedule and other instrument produced by the Contractor in the performance of this Agreement,
or any Services hereunder (if any), shall be the sole property of the City, and the City is vested
with all rights therein. The Contractor waives all rights of copyright in said design, report,
inventory list, compilation, drawing, specification, technical data, recommendation, model,
schedule and other instrument produced by the Contractor in the performance of this Agreement,
General Independent Contractor Agreement
City of Winter Springs -Framensons, Inc.
Page 6 of 11
and hereby assigns and conveys the same to the City whether in the possession or control of the
Contractor or not.
6.7 Interpretation. Both the City and the Contractor have participated in the drafting of
all parts of this Agreement. As a result, it is the intent of the parties that no portion of this
Agreement shall be interpreted more harshly against either of the parties as the drafter.
6.8 Amendment of Agreement. Modifications or changes in this Agreement must be in
writing and executed by the parties bound to this Agreement.
6.9 Severabilitv. If a word, sentence, or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this
Contract, and this Contract shall be read as if said illegal, unenforceable, or unconstitutional word,
sentence, or paragraph did not exist.
6.10 Additional Assurances. The Contractor certifies that:
(a) No principal (which includes officers, directors, or executive) or individual
holding a professional license and performing Services under this
Agreement is presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from participation in any
architecture, landscape architecture, engineering, or surveying activity by
any landscape architecture, engineering, or surveying activity by any
Federal, State, or local governmental commission, department, corporation,
subdivision, or agency;
(b) No principal (which includes officers, directors, or executive), individual
holding a professional license and performing Services under this
Agreement, employee, or agent has employed or otherwise provided
compensation to, any employee or officer of the City; and
(cj No principal (which includes officers, directors, or executive), individual
holding a professional license and performing Services under this
Agreement, employee or agent has willfully offered an employee or officer
of the City any pecuniary or other benefit with the intent to influence the
employee or officer's official action or judgment.
6.11 Attorn~'s Fees. Should any litigation arise concerning this Agreement between the
parties hereto, the parties agree to bear their own costs and attorney's fees.
General Independent Contractor Agreement
City of Winter Springs - Fraroensons, Inc.
Page 7 of 11
6.12 Entire Agreement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or Agreements, either
oral or written, and all such matters shall be deemed merged into this Agreement.
6.13 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right
to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential
liability under state or federal law. As such, Contractor agrees that the City shall not be liable, under
this Agreement for punitive damages or interest for the period before judgment. Further, the City
shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one
hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when
totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising
out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars
($200,000.00).
ARTICLE 7
TIME
7.1 Time of the Essence. The Contractor acknowledges and agrees that time is of the
essence for the completion of the Services to be performed under this Agreement.
ARTICLE 8
PROTECTION OF PERSONS AND PROPERTY: INSURANCE
8.1 Worker's Compensation. Upon the effective date of this Agreement, Contractor shall
provide proof of worker's compensation insurance in the minimum amount required by law (if
required).
8.2 Professional Liability/Malpractice and General Liability. Upon the effective date
of this Agreement, Contractor shall submit proof of professional liability/malpractice and general
liability insurance to cover claims for professional liability/malpractice (if applicable) and general
liability because of bodily injury or death of any person or property damage arising out of this
Agreement or any Services provided hereunder. The insurance shalt have minimum limits of
coverage of $1,000,000.00 per occurrence.
8.3 This paragraph shall be applicable to Sections 8.1 and 8.2 The insurance required by
this Article shall include the liability and coverage provided herein, or as required by law,
whichever requirements afford greater coverage. All of the policies of insurance so required to
be purchased and maintained for the certificates (or other evidence thereof) shall contain a
provision or endorsement that the coverage afforded will not be canceled, materially changed or
renewal refused until at least thirty (30) days' prior written notice has been given to the City and
General Independent Contractor Agreement
City of Winter Springs - Framensons~ Inc.
Page 8 of I1
the Contractor by certified mail, return receipt requested. All such insurance shall remain in effect
until final payment. Unless agreed to by the City to the contrary, the City shall be named on the
foregoing insurance policies as "additional insured," except for professional liability/malpractice
coverage. The Contractor shall cause its insurance carriers to furnish insurance certificates
specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of
such policies, and a statement that no insurance under such policies will be canceled without thirty
(30) days' prior written notice to the City incompliance with other provisions of this Agreement.
For all Services performed pursuant to this Agreement, the Contractor shall continuously maintain
such insurance in the amounts, type, and quality as required by Sections 8.1, 8.2, and 8.3. In the
event Contractor fails to maintain said insurance, City, at its option, may elect to terminate this
Agreement by written notice to Contractor.
8.4 Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, the Contractor agrees to the fullest extent permitted by law, to indemnify and hold
harmless the City and its employees, officers, and attorneys from and against all claims, losses,
damages, personal injuries (including but not limited to death), or liability (including reasonable
attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional
or otherwise, arising out of or resulting from Contractor's performance of any Services provided
pursuant to this Agreement.
The indemnification provided above shall obligate the Contractor to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any and
all claims of liability and all suits and actions of every name and description that may be brought
against the City or its employees, officers, and attorneys which may result from the Services under
this Agreement whether the Services be performed by the Contractor or anyone directly or
indirectly employed by them. In all events the City shall be permitted to choose legal counsel of
its sole choice, the fees for which shall be reasonable and subject to and included with this
indemnification provided herein. This paragraph 8.5 shall survive termination of this Agreement.
8.5 Standard of Care. In performing its professional services hereunder, the Contractor
will use that degree of care and skill ordinarily exercised, under similar circumstances by reputable
members of its profession practicing in the same or similar locality.
ARTICLE 9
TERMINATION OF THE CONTRACT
9.1 Termination by City. The City may terminate this Agreement with five (5) days
written notice to Contractor for any material breach of this agreement or violation of any federal,
state, or local code, regulation or policy regarding the performance of Contractors obligations
under this Agreement.
General Independent Contractor Agreement
City of Winter Sprtngs - Framensons, Inc.
Page 9 of l l
9.2 Termination by Contractor. With at least five (5) days written notice to the City,
Contractor may terminate this Agreement ifthe City fails to comply with the terms and conditions
of this Agreement.
9.3 Termination by Consent. This agreement may be terminated by the mutual written
consent of both parties at any time, and without penalty.
9.4 Upon Termination. Upon termination of this Agreement, the City shall pay the
Contractor, as full payment for all Services performed and all expenses incurred, sums due and
owing to the Contractor for payment of all Services completed to the City's satisfaction through
the termination date, along with reimbursable expenses (if any) as provided in this Agreement.
Any payment due shall be subject to the Contractor supplying the City with detailed invoices as
described in this Agreement. Upon notice of termination, the Contractor shall cease all Services
being provided hereunder unless otherwise directed by City in writing.
9.5 Waiver. Failure of the City to insist upon performance within any time period or upon
a proper level or quality of performance shall not act as a waiver of the City's right to later claim
a failure to perform on the part of the Contractor.
ARTICLE 10
TERM OF AGREEMENT
10.1 Term. The term of this Agreement shall commence on the Effective Date of this
Agreement and end on September 30, 2007, unless extended by mutual written agreement of the
parties.
(Signature Page Follows)
General Independent Contractor Agreement
City of W inter Springs - Framensoas~ Inc.
Page 10 of 11
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
CONTRACTOR
FRAMENSONS, INC.
CITY:
CITY OF WINTER SPRINGS, FLORIDA
By:
Date
STATE OF FLORIDA
COUNTY OF SEMINOLE
sy: ~ y,~ ~
Ronald W. McLemore, ty Manager
Dated: / 0 - 2 G - ~ ~
The foregoing instrument was acknowledged before me this ~~' day of i,`',~~ , 2006 by
ANDREW R. FRAME, Secretary of FRAMENSONS, Inc., a Florida corporation, who
executed the foregoing instrument and acknowledged before me that he executed the same for the
uses and purposes therein expressed and O who is personally known to me or ~vho has
produced ~v t~Q., cY u ~- as identification and who did not take an oath.
~.~ ~ Andrea ~
My Commission 0020Drl70
(NOTARY .~~s µay oe. 2ao~
Notary ie Signature
~_ iw0 r2^o1~c7 _ {~yo~c~
Typed or Printed Notary Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this ~.(~~~ day of
0~'~C , 2006, by RONALD W. McLEMORE, City Manager of Winter Springs,
Florida, who is personally known to me.
Hndrea torenm-Luaces
(NOTARY . co„w,,;,,,~„ otnooe~o Not1ary Pu lc S`~''iiig~~na.~~~tu,,~~re " ~ ' ~,(y~
1`0 or~j~~ AAay 08.2007 1.1 ~}'~f'Z~+~ ~ ~,J
Typed or Printed Notary Name
General Independent Contractor Agreement
City of Winter Springs - Framensons, Inc.
Page I1 of 11
ATTACHMENT B
SECOND ADDENDUM TO
GENERAL INDEPENDENT CONTRACTOR AGREEMENT
THIS SECOND ADDENDUM to General Independent Contractor Agreement ("Second Addendum") is
made this _ day of October, 2008, by and between the CITY OF WINTER SPRINGS, FLORIDA, a
Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida
("City"), and FRAMENSONS, INC., a Florida for-profit corporation whose address is 860 Montclair
Terrace, Orange City, Florida 32763 ("Contractor").
RECITALS:
WHEREAS, the City and Contractor entered into General Independent Contractor Agreement
("Agreement") on October 23, 2006; and
WHEREAS, the terms of the agreement were previously extended by First Addendum until
September 30, 2008; and
WHEREAS, the parties wish to extend the terms of the Agreement in accordance with Section 10.1
for an additional period of one (1) year.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the
parties agree as follows:
1.0 In accordance with Section 10.1 of the Agreement, the term is extended for one (1) year
commending on October 1, 2008 and terminating on September 30, 2009.
2.0 All other provisions of the Agreement not modified by the First and Second Addendums and
not in conflict herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Addendum to the Agreement for
Continuing Engineering Services this _ day of October, 2008.
CONTRACTOR:
FRAMENSONS, INC.
By:
Andrew R. Frame, President
CITY:
CITY OF WINTER SPRINGS, FLORIDA
By:
Date:
Ronald W. McLemore, City Manager
Date:
Second Addendum to General Independent Contractor Agreement
City of Winter Springs - Framensons, Inc.
Page 1 of 2
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of
2008 by ANDREW R. FRAME, President of FRAMENSONS, Inc., a Florida corporation, who
executed the foregoing instrument and acknowledged before me that he executed the same for
the uses and purposes therein expressed and who is personally known to me or who has
produced as identification and who did not take an oath.
(NOTARY SEAL)
Notary Public Signature
Typed or Printed Notary Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of
2008, by Ronald W. McLemore, City Manger of Winter Springs, Florida, who is personally
known to me.
(NOTARY SEAL) Notary Public Signature
Typed or Printed Notary Name
Second Addendum to General Independent Contractor Agreement
City of Winter Springs - Framensons, Inc.
Page 2 of 2
FRAMENSONS, Ilvc.
860 Montclair Terrace Orange City, Fl. 32763
Phone: 386-956-8400
framensons a;earthlink.net
PROPOSAL
Thursday, October 09, 2008
City of Winter Springs
To: Randy Stevenson (Community Development Director)
Mr. Stevenson:
Safety
First
State Certified
B1V0002833
PX0001306
CGC1505128
I would like to thank you and the City of Winter Springs for the past seven years of contract work
that you have awarded our company. I have been approached and asked to provide a proposal
for services during the fiscal year 2008-2009.
We are currently providing two commercially certified inspectors to the City of Winter Springs.
The number of inspectors provided has been appropriated according to the workload. The rates
for the 2007-2008 fiscal years are as follows: The rate for a commercial certified building inspector
per Chapter 468 FS has been $75.00 er r. a rate for a residential certified building inspector
per Chapter 468 FS has been 6 r. a rate for a certified plans examiner per Chapter ~ -~'-
468 FS has been $75.00 per hour. Shoul you choose to renew with our firm for a period of one
year (for the fiscal year 2008-2009), our rates will remain the same as the 2007-2008 fiscal year
with no increases and no changes in the services we provide during the 2008-2009 fiscal year.
These rates are based on a continuous contract for one year. There is a m;n;mum charge
of four hours per day per man that is requested. Our rates shall include all necessary
vehicles, fuel, insurances, mobile phones, benefits and small tools for our employees to
use while our company provides services to the City of Winter Springs. Required forms,
City ordinances and code books shall be provided by the City of Winter Springs. Rates
for weekend, holidays and emergency events such as hurricane damage assessment will
be billed at one and one half times the normal rates quoted above. Each man shall be
permitted a one week vacation, each at different intervals during the year, in which the
expense shall not be the responsibility of the City of Winter Springs.
1
FRAMENSONS, INC.
860 Montclair Terrace Orange City, Fl. 32763
Phone: 386-956-8400
framensonsG~earthlink. net
Cont'd:
Safety
First
State Certified
BN0002833
PX0001306
CGC1505128
I thank you in advance for your time and consideration. It has been a pleasure serving
the City of Winter Springs for the past seven years and we look forward to serving the
city for many years to come. I have provided three copies of this proposal for your
records. Upon commission approval for the City of Winter Springs to enter into an
agreement with our firm, kindly sign and return one of the three copies to me at your
earliest convenience.
Should you have any questions, please do not hesitate to contact me and I'll be happy to
assist you.
Respectfully,
Andrew R. Frame CI, CPE, CCA, CGC
President
FRAMENSONS, Inc.
~~ O
FRAMEN ,Inc. President's Signature Date
..-,
_~,~
ity of Winter S~xings Representative's Signature Date
*This proposal, all terms and conditions stated within is valid for forty five (45) days
from the `ui~te of the proposal. A new proposal will be required if the forty five (45) day
time period expires and may be subject to changes.
2
SECOND ADDENDUM TO
GENERAL INDEPENDENT CONTRACTOR AGREEMENT
THIS SECOND ADDENDUM to General Independent Contractor Agreement ("Second Addendum") is
made this ~ day of October, 2008, by and between the CITY OF WINTER SPRINGS, FLORIDA, a
Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida
("City"), and FRAMENSONS, INC., a Florida for-profit corporation whose address is 860 Montclair
Terrace, Orange City, Florida 32763 ("Contractor").
RECITALS:
WHEREAS, the City and Contractor entered into General Independent Contractor Agreement
("Agreement") on October 23, 2006; and
WHEREAS, the terms of the agreement were previously extended by First Addendum until
September 30, 2008; and
WHEREAS, the parties wish to extend the terms of the Agreement in accordance with Section 10.1
for an additional period of one (1) year.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the
parties agree as follows:
1.0 In accordance with Section 10.1 of the Agreement, the term is extended for one (1) year
commending on October 1, 2008 and terminating on September 30, 2009.
2.0 All other provisions of the Agreement not modified by the First and Second Addendums and
not in conflict herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Addendum to the Agreement for
Continuing Engineering Services this _ day of October, 2008.
CONTRACTOR:
FRAMENSONS, INC.
By:
Andre resid t
Date:
CITY:
CITY OF WINTER SPRINGS, FLORII3A.
Ronald W. McLemore, City ~ Tanager
Date: /y~/3/o27
Second Addendum to General Independent Contractor Agreement
City of Winter Springs - Framensons, Inc.
Page 1 of 2
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this ~~day of ~ C~a~G~
2008 by ANDREW R. FRAME, President of FRAMENSONS, Inc., a Florida corporation, who
executed the foregoing instrument and acknowledged before me that he executed the same for
the uses and purposes therein expressed and ~ who is personally known to me or _ who has
produced as identification and who did not take an oath.
(NOTARY SEAL)
... . .. .. .. . . . . . . . . . .. . ... .~ R E D . . ....
CHRISTINA
_ - j;. -'j~'=_ ~. ;s 1211512009
:~r >
.....:~:~ :............^.........^..........a
o ary Public Signature
C.~-r~ 5~•~- l~ • ~~rc. ~-
Typed or Printed Notary Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this j~~'d"ay of ~~=~~~1
2008, by Ronald W. McLemore, City Manger of Winter Springs, Florida, who is personally
known to me.
4ryr P Notary Public S~2te of Florida
(NOTARY SEAL) ~' ~* Andrea Lorenzo-t.uaces No ublic Signature
~~{ My Commission pp664334
~- ~~ €x fires 0510912011
Type~ld o Printed Notar
~-Rs~ . `'
Second Addendum to General Independent Contractor Agreement
City of Winter Springs- Framensons, Inc.
Page 1 of 2