Loading...
HomeMy WebLinkAbout2007 09 24 Consent 212 Framensons, Inc. COMMISSION AGENDA ITEM 212 Consent Information Public Hearin Re ular x September 24. 2007 Meeting Mgr. r /Dept. pi- 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 $70.00 for residential certified building inspectors for FY 2007/2008. 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. September 24, 2007 Consent Agenda Item 212 Page 2 Framensons continues to be the overall lowest qualified bidder as follows: Framensons GFA Quorum Services Commercial Inspector Rate Residential Inspector Rate $75/hour $70/hour $75 - $85/hour $75 - $85/hour $80 - $90/hour $70 - $80/hour Average Rate $72.50/hour $80/hour $80/hour 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. They also are able to respond to the occasional "spikes" in inspection activity thereby reducing the number of inspections that must be "rolled" to the next business day. 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 2007/2008 budget is $460,000. 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$70.00 per hour for residential certified inspector and $75.00 per hour for Commercial certified inspectors/plans examiners. This extension is allowed by Section 10.1 of the subject agreement. IMPLEMENT A TION SCHEDULE: This agreement will provide for contract inspection services for FY 2007/2008. A TT ACHMENTS: A. Original Agreement with Framensons COMMISSION ACTION: 2 ATTACHMENT A GENERAL INDEPENDENT CONTRACTOR AGREEMENT ~.)) CO THIS AGREEMENT is made thi~ 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 ofthe Services outlined in Article 2 of this Agreement. 1.2 Enl!al!ement. 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 Dilil!ence. 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 City: 2.1 Scope of Services. The Contractor agrees to provide the following services to the (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 all 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 Independent Contractor Agreement City of Winter Springs - Framensons, Inc. Page 2 of II (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 Ci ty 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 ofthe 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 - Framensons, 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 Undertakine. 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 City'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 Assienment 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 ofthe 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 Spri~gs - 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 F ederallaw, the venue will be Orlando, Florida. 6.2 Contractor's Representative. The Contractor shall designate an individual to act as a representative for the Contractor under 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 - Framensons, 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 ofthe 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) may be 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 Ae:reement. Modifications or changes in this Agreement must be in writing and executed by the parties bound to this Agreement. 6.9 Severability. 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 (c) 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 Attorney'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 - Framensons, 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 anyone 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 ofthis 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 shall 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 thereot) 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 11 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 in compliance with other provisions of this Agreement. F or 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 ofthe 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 Springs - Framensons, Inc. Page 9 of 11 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 Winter Springs - Framensons, 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: By: Dated: Dated: /0 -~,~ U~ STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ~ IJ.L day of ~ , 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 0 who is personally known to me or [;:}who has produced vL 1:ts.v u 0..--.. as identification and who did not take an oath. 0'"'" P,,\. Andrea Lorenzo.lu8Cel /'J~ My Commission 00209870 (NOT AR ~~l$<ptres May 09. 2007 ..----::.' Notary /lic Signature 0 U '~~-~L0 Typed or Printed Notary Name STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ~~ day of O~ , 2006, by RONALD W. McLEMORE, City Manager of Winter Springs, Florida, who is perso:all~~o= cU ( (NOT ARY~~Co_""'0020981O Notary pu~re dl .~o....o Expires May 09. 2007 ~~ k~ - ~ Typed or Printed Notary Name General Independent Contractor Agreement City of Winter Springs - Framensons, Inc. Page 11 of 11 FIRST ADDENDUM TO GENERAL INDEPENDENT CONTRACTOR AGREEMENT THIS FIRST ADDENDUM to General Independent Contractor Agreement ("First Addendum") is made this _ day of September, 2007, 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 parties wish to extend the terms of the Agreement in accordance with Section 10.1 for a 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 ofthe Agreement, the term is extended for one (1) year commencing on October 1,2007 and terminating on September 30, 2008. 2.0 All other provisions of the Agreement not modified by this First Addendum and not in conflict herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Addendum to the Agreement for Continuing Engineering Services this~ay of ~ut' 2007. CONTRACTOR: FRAMENSONS, INC. CITY: CITY OF WINTER SPRINGS, FLORIDA . F me,. P~( 9P~ (17 r By: ;fKtHM?/f'ft-~. ' Ronald W. McLem6re, .City Manager Date: Date: 'f . ) '-J'- "t/ First 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 .J.,.5!!ctay of~iJ~, 2007 by ANDREW R. FRAME, President of FRAMENSONS, Inc., a Florida corporltion, 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 Public Signature <<I CammlDDD III. expires 12111I2OO9 FlorIda NoIary Alsn.,1nc !! .............HH..."............u... T;;ped or Printed Notaryf'Name c:L C- h"; ~ I ^CL 1lA.... b-4rr ~ STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this .,.?SH1day Of),~IeIJL/t..e;u, 2007, by RONALD W. McLEMORE, City Manager of Winter Springs, Florida, who is personally known to me. I""'"'"t\, Joan L Brown ,~ ; My COITlITlIsslOn 00301500 ,?o;f\.O' Expires March 18.2008 ';/~~ (NOT ARY SEAL) Notary Public Signature Typed or Printed Notary Name First Addendum to General Independent Contractor Agreement City of Winter Springs - Framensons, Inc. Page 2 of 2 . . FIRST ADDENDUM TO GENERAL INDEPENDENT CONTRACTOR AGREEMENT THIS FIRST ADDENDUM to General Independent Contractor Agreement ("First Addendum") is made this _ day of September, 2007, 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 parties wish to extend the terms of the Agreement in accordance with Section 10.1 for a period of one (I) year; NOW, THEREFORE, in consideration ofthe 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 commencing on October 1, 2007 and terminating on September 30, 2008. 2.0 All other provisions of the Agreement not modified by this First Addendum and not in conflict herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Addendum to the Agreement for Continuing Engineering Services this ~ay of ~~ ' 2007. CONTRACTOR: FRAMENSONS, INC. CITY: CITY OF WINTER SPRINGS, FLORIDA ;);~ r By: ;f~P./-1.1tfe-_~ ' Ronald W. McLemore, City Manager Date: Date: "( . ') '1 -- 0 rJ First 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 )...5!!day offfallh~, 2007 by ANDREW R. FRAME, President of FRAMENSONS, Inc., a Florida corpor1tion, 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. tluL-/tt- ~ Notary Public Signature <<I CammlDD-.I.IIII. Explrss 121t1t2OO9 . Florida Nolaly Assn., Inc 5 ............................................ TxPed or Printed Notar~Name cL CJV-{ ~ {AlA. !lA.. - cr:..rr ~ STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this .? 5H1day o~IeIAkll../, 2007, by RONALD W. McLEMORE, City Manager of Winter Springs, Florida, who is personally known to me. ~,~y of\. Joan L Brown ~ ~ ; My COIl1mlsSlOn 00301500 '? o. ,,0'/ Expires Marctl18. 2008 I /fall X~L3~ / Notary Public Signature U Typed or Printed Notary Name (NOTARY SEAL) First Addendum to General Independent Contractor Agreement City of Winter Springs - Framensons, Inc. Page 2 of 2