HomeMy WebLinkAbout2000 10 23 Consent F Curry Controls Company Lease Purchase Agreement
COMMISSION AGENDA
ITEM F
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
October 23, 2000
Meeting
MGR ~EPT ~
Authorization
REQUEST: Utility Department Requesting Authorization to Enter into a Lease Purchase
Agreement for the Design/Build of a SCADA Telemetry system for the lift stations
and treatment plants.
PURPOSE: The purpose of this Board item is to request authorization to enter into. a four year lease
purchase agreement with Curry Controls Company for the design/build of a SCADA
telemetry system for the 34 lift stations and 5 treatment plants at a total lease/purchase cost
of $434,474.80 plus a 10% contingency.
CONSIDERA TIONS:
This project is needed to provide continuous alarm monitoring of the 34 wastewater
collection lift stations, 3 three water treatment plants, and 2 wastewater treatment plants. Currently,
the lift stations have lights and/or horns, which are triggered by alarm conditions such as high level
or loss of power. Unfortunately, these alarms rely on notification from those passing by or living in
close proximity. It is not unusual for alarms occurring in the middle ofthe night to not be reported
for hours that could and has resulted in sewage backing up in resident's homes. The SCADA
(Supervisory Control And Data Acquisition) telemetry system would automatically notify on call
personnel immediately upon an alarm condition occurring. In addition, a SCADA system will allow
for the controlling of pump sequences and staging. This could reduce the future capital
improvement needs by reducing downstream peak flows.
Requests for proposals as RFP-004-00-KL were opened on April 5, 2000 with six firms
submitting qualifications proposals. The initial proposals did not include costs. A review
October 23,2000
Consent Agenda Item F
Page 2
committee consisting of the Utility Director, Utility Superintendent, General Services Director and
CPH evaluated the technical proposals and then ranked and short-listed three of the firms for
presentations. Examples of the items used for short listing was conformance with criteria, previous
work experience, proximity, electrical engineer on staff, and system open architecture. A copy of
the shortlist evaluation form is attached.
The three short-listed firms presented detailed proposals of the design specifics on June 6,
2000. After the presentations, the cost proposals were opened. The firms were then ranked based
on Technical Proposal (30%), Qualifications/References (15%), Project Understanding (30%) and
Project Cost (25%). All firms were required to include lease/purchase options in their proposal.
The firm of Curry Controls Company of Lake land was the top ranked firm with a cost of
$405,273.00. Included in their proposal were value engineering suggestions which reduced the
cost $373,034. These included elimination of the redundant server and switching from stainless
steel to fiberglass panel enclosures. The scope of work includes design and installation of a spread
spectrum radio based SCADA system at 34 lift stations, 3 water plants and 2 wastewater plants.
The central data management system will be located at the Flamingo Avenue office with full report
and control capability. Also included is a radio survey, training, licensing and warranty. Staffis
recommending a four-year lease purchase with 20% down and then 16 quarterly payments of
$22,491.75. The parts and labor warranty for the telemetry system is extended for the duration of
the lease purchase. The warranty if the system were purchased outright would be approximately
$24,000 per year after the two-year warranty expired. The Financial Advisor has reviewed the
lease purchase options and concurs with the staff recommendation based on the inclusion of the
parts and labor warranty. The recommendation from CPH Engineers is attached.
FUNDING:
The recommended contract base award amount is $373,034.00 to Curry Controls Company
of Lake land. The four-year lease purchase option requires a 20% down payment of$74,606.80
and 16 quarterly payments of $22,491.75 for a total project cost of$434,474.80.
October 23, 2000
Consent Agenda Item F
Page 3
Sufficient funds for this project have been budgeted in the Utility Fund Capital Improvement line
code (3600-56310) for the deposit and first two quarterly payments that are needed for FY
2000/2001. The Funds for the deposit will be expended within 30 days of issuance of the Notice
To Proceed with the first quarterly payment due in approximately May 1, 2001.
RECOMMENDA TION:
It is recommended that authorization be granted to enter into a four year lease
purchase agreement with Curry Controls Company of Lake land for the design/build of a
SCADA telemetry system for the 34 lift stations and 5 treatment plants at a total
lease/purchase cost of $434,474.80 plus a 10% contingency payable from the Utility Fund
Capital Improvements line code #3600-56310.
IMPLEMENTATION SCHEDULE:
The scope of work will be completed within 240 days of issuance of the Notice To Proceed.
Construction is tentatively planned to begin within thirty days of Commission approval.
ATTACHMENTS:
1. City Clerk Summary - Bid #RFP-004-00-KL
2. Lease/Purchase and Construction Agreement
3. Short List Evaluation Form
4. CPH Engineers Recommendation Letter
COMMISSION ACTION:
ATTACHMENT NO. 1
CITY OF WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
PHONE (407) 327-1800 FACSIMILE (407) 327-4753
DESIGN/BUILD SCADA SYSTEM
BID NUMBER: RFP-004-00-KL
BID OPENING: APRIL 5, 2000
Bid Opening Was Called By:
Ms. Nancy Vobomik
Purchasing Department
Bid Opened:
Bid Closed:
3:00 p.m.
3:05 p.m.
Six (6) Bids Received:
1. DIGITAL CONTROL CORPORATION
10871 75th STREET NORTH, LARGO, FLORIDA 33777-1425
TELEPHONE: (727) 547-1622 FAX (727) 547-1722
2. ENGINEER SERVICE CORPORATION
POST OFFICE BOX 23511, JACSONVILLE, FLORIDA 32241
3. US FILTER CONTROL SYSTEMS
1239 WILLOW LAKE BOULEVARD, VADNAIS HEIGHTS, MINNESOTA 55110
TELEPHONE: (651) 766-2700 FACSIMILE (651) 766-2701
4. FLORIDA INDUSTRIAL ELECTRIC, INC.
811 WILMA STREET, LONG WOOD, FLORIDA 32750
TELEPHONE: (407) 331-1551 FACSIMILE (407) 331-0444
S. DATA FLOW SYSTEMS, INCORPORATED
659 EAU GALUE BOULEVARD, MELBOURNE, FLORIDA 32935
TELEPHONE: (407) 259-5009 FACSIMILE (407) 259-4006
6. CURRY CONTROLS COMPANY
1019 PIPKIN ROAD, LAKELAND, FLORIDA 33811
TELEPHONE: (863) 646-5781 FACSIMILE (863) 646-3899
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Tania Haas, Deputy City Clerk
City of Winter Springs
Copy: Mr. Kipton D. Lockcufr, Director, Public Works & Utility Department
Ms. Nancy V obomik, Purchasing Department
DOCSlbi ds! resu lis! f y9900100-00C.. d oc
CITY OF WINTER SPRINGS
1126 EAST ST ATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
PHONE (407) 327-1800 FACSIMILE (407) 327-4753
DESIGN/BUILD SCADA SYSTEM
BID NUMBER: RFP-004-00-KL
BID OPENING: JUNE 6, 2000
Bid Opening Was Called By:
George Edwards
Capital Projects Coordinator
Bid Opened:
Bid Closed:
2:00 p.m.
2: 10 p.m.
Three (3) Bids Received:
1. US FILTER CONTROL SYSTEMS
1239 WILLOW LAKE BOULEVARD, VADNAIS HEIGHTS, MINNESOTA 55110
TELEPHONE: (651) 766-2700 FACSIMILE: (651)766-2701
AMOUNT: $525,000.00
2. CURRY CONTROLS COMPANY
1019 PIPKIN ROAD, LAKELAND, FLORIDA 33811
TELEPHONE: (863) 646-5781 FACSIMILE: (863) 646-3899
AMOUNT: $405,273.00
3. ENGINEER SERVICE CORPORATION
POST OFFICE BOX 23511, JACKSONVILLE, FLORIDA 32241
TELEPHONE: (904) 268-0482 FACSIMILE (904) 268-3490
AMOUNT: $510,472.00
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Tania Haas, Deputy City Clerk
City of Winter Springs
Copy: Mr. Kipton D. Lockcuff, Director, Public Works & Utility Department
Ms. Nancy Vobornik, Purchasing Department
DOCSlbi ds/res u Its/ f y9900/00-00 8. doc
ATTACHMENT NO. 2
LEASE PURCHASE AGREEMENT
THIS LEASE PURCHASE AGREEMENT ("Agreement") is made and entered into on
this _ day of , 2000, by and between the CITY OF WINTER SPRINGS, a
Florida Municipal Corporation ("CITY"), and CURRY CONTROLS COMPANY, INC., a Florida
Corporation ("CURRY").
WIT N E SSE T H:
WHEREAS, City desires to lease purchase certain equipment for its utility system from Curry
under the terms and conditions of this Agreement; and
WHEREAS, Curry desires to lease and sell such equipment to City under the terms and
conditions of this Agreement; and
WHEREAS, it is the intent and purpose of this Agreement that upon the expiration of this
Agreement, and the City's full payment of the lease amounts hereunder, the title to the equipment will
fully vest in the City and the City's obligations to make any further payments for the equipment shall
cease.
NOW THEREFORE, in consideration of the provisions contained in this Agreement, and
other good and valuable consideration in which the parties acknowledge has been received, the parties
agree as follows:
1.0 Incorpora tion of Recitals: The foregoing recitals are tlUe and COlTect and by this reference
are fully incorporated into this Agreement.
2.0 Rental of Equipment; Term. City agrees to lease from Curry the equipment (and all
substitutions, repairs, modifications, and replacements thereof) listed in Exhibit "A" ("Equipment").
Exhibit "A" is attached hereto and fully incorporated herein by this reference. The term of the lease
shall be four (4) years commencing on the date the Equipment is installed at the locations set forth
in Section 3.0 of this Agreement and a substantial completion certification is issued by the City. Any
add-on equipment installed by Curry at City's request during the Term of this Agreement shall be
deemed a modification of this Agreement with respect to the Equipment description set forth in
Exhibit "A" and the monthly lease amount; however, in all other respects, the add-ons shall be subject
to the remaining provisions of this Agreement.
3.0 Location. Cuny agrees to install the Equipment III accordance with that certain
ConstlUction Contract by and between City and Curry, dated , 2000 ("Construction
Contract"), and at the following locations, unless otherwise provided by the City in writing:
Wastewater Reclamation Facility (two sites)
Water Treatment Plants (three sites)
Public Works Facility (Flamingo Road One site)
Wastewater Lift Stations (Thirty Four sites)
4.0 Lease Amounts. Upon execution of this Agreement, City agrees to pay a prepaid lease
amount equal to $74,606.80 which shall be applied to the total cost of Equipment provided by Curry
under this Agreement. The remaining principal balance of the Equipment due under this Agreement
shall be Two Hundred Ninety-Eight Thousand, Four Hundred Twenty-Seven and 00/100 Dollars
($298,427.00). Upon the installation of the Equipment and the issuance ofa substantial completion
certificate by City, City shall commence making consecutive quarterly lease payments in accordance
with the Amortization Schedule attached hereto as Exhibit "B" and hereby fully incorporated herein
by this reference. Each payment thereafter shall be on the same day of each quarter or such later day
as Curry may designate in writing. Said payments shall be for sixteen (16) consecutive.quarters and
each quarterly payment shall be equal to $22,491.75 inclusive of all principal and interest. All
payments shall be made payable to Curry at such address as Curry directs in writing. No other
payments shall be required by City under this Agreement, unless otherwise mutually agreed to by the
parties in writing. The City shall have the right to prepay all or part of the principal balance at any
time and without penalty.
5.0 No Obligation to Budget and Appropriate; Remedy. Under no circumstances shall this
Agreement be construed as obligating the City to extend its credit or taxing power to secure payment
and performance of the terms of this Agreement. The City will exercise good faith in taking
appropriate actions that are reasonably necessary under the laws of Florida to plan and budget for
receipt of sufficient appropriation of funds to discharge its obligation to make all payments required
under this Agreement when due. However, the City's obligation to pay the lease amounts under this
Agreement shall be contingent upon an annual budget appropriation by the City Commission of
Winter Springs, which shall be at the sole and absolute discretion of the City Commission. Curry
agrees that should the City Commission fail to make such an appropriation, this Agreement shall
automatically terminate and Curry's sole remedy shall be an action for actual damages resulting from
the termination of this Agreement and limited to the remaining principal balance of the Equipment
due under this Agreement. In the event of said termination, Cun-y hereby expressly waives any and
all other rights available at law or equity with respect to the City's failure to appropriate sufficient
funds to continue making the contractually reqillred payments under this Agreement. Curry shall not
have the right to compel the exercise of the ad valorem taxing power of the City or the right to lien
the Equipment or any other real or personal property of the City.
6.0 Ownership and Title to Equipment. During the term of this Agreement, title to the
Equipment shall remain vested in Cuny. Upon tender by the City of the last qualterly payment
required by Section 4.0 of this Agreement or tender of the current principal balance, title to the
Equipment shall immediately fully vest in the City without further action of the parties.
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Notwithstanding, upon tender of final payment and request by the City, Curry shall execute an
appropriate legal instrument conveying to City all rights and title to the Equipment.
7.0 Installation; Maintenance and Limited Warranty. Upon execution of this Agreement
by both parties, Curry shall install the Equipment as required hereunder and in accordance with the
Construction Contract between the parties for said purpose. Upon installation of the Equipment and
issuance of a substantial Completion Certificate by the City, the City shall maintain the Equipment
at the locations identified in this Agreement. Cuny warrants that the Equipment shall be delivered
in a good and workmanlike manner and be free from defects in workmanship for a period of forty-
eight (48) months after delivery to the City, except that the personal computers and printers shall be
warranted for a period of twenty-four (24) months. In the event that the Equipment is defective or
fails to perform properly during the forty-eight (48) month warranty period (or twenty-four month
warranty period in respect to the personal computers and printers), Cuny shall replace or repair the
defective or non-performing Equipment at no cost to the City. The foregoing obligations, rights and
warranties are in lieu of all other warranties, expressed or implied, including, but not limited to the
warranties of fitness for a. particular purpose or use and merchantability. City agrees, at its own cost
and expense, to keep the Equipment in good repair, condition, and working order. The alnounts paid
by City under this Agreement, in part, are consideration for the warranty provided by this section.
8.0 Use and Location of Equipment. City shall not abuse the Equipment or permit it to be
repaired by anyone other than Curry. City shall use the Equipment only in a manner contemplated
by the manufacturer and in accordance with law. City is responsible for maintaining equipment in its
as delivered condition, ordinary wear and tear excepted.
9.0 Risk of Loss; Insurance. Upon installation of the Equipment and issuance of a substantial
Completion Certificate by the City, the City shall bear all risks of direct physical loss of or damage
to the Equipment except as provided under this Agreement. In the event of a covered loss or damage
to the Equipment, Curry's sole obligation will be to repair or replace the damaged or lost Equipment.
Curry shall not be liable for any loss resulting from the acts and omissions of the City and its
employees and agents or from acts beyond Cuny's control (e.g., wars, riots, unauthorized tampering
of Equipment, neglect or abandonment of the Equipment). In the event of a loss caused by the City
and its employees and agents or by acts beyond Cuny's control, City shall incur the expense to repair
or replace the damaged or lost Equipment. City agrees to maintain adequate public liability insurance
for the Equipment. The City shall provide Cuny with a certificate of insurance upon request. The
occurrence of any loss of or damage to the equipment shall not however relieve or reduce any other
covenant, condition or provision contained in this Agreement.
10.0 Miscellaneous:
10.1 Non-Business Day. In the event that any period of time as set forth in this
Agreement expires or any date herein occurs on a Saturday, Sunday, holiday or other
non-business day, then such date shall automatically extend to 5:00 p.rn. on the next
subsequent business day.
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10.2 Assignment. 'This Agreement shall not be assigned or transferred by City, in whole
or in part, unless said assignment or transfer is approved in writing by Curry. 'This
Agreement may be assigned to a third party by Curry. Such assignment shall not,
however, release Curry from its obligations hereunder or limit the City's right to look
solely to Curry for performance of its obligations under this Agreement or seek any
claim, action, or proceeding arising from said assignment. Notwithstanding any
assignment by Curry, City shall enjoy quiet use of the Equipment under this
Agreement provided City is not in default hereunder.
10.3 Third Party Rights. 'This Agreement is not a third party beneficiary contract and
shall not in any respect whatsoever create any rights on behalf of any party not
expressly a party to this Agreement.
lOA Further Assurances. From and after the execution of this Agreement, each of the
parties hereto shall fully cooperate with each other and perform any further act( s) and
execute and deliver any further documents which may be necessary ot: desirable in
order to carry out the purposes and intentions of this Agreement.
10.5 Severability. If any provision of this Agreement is held to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless remain in full force and
effect, unless the absence ofthe invalid, void or unenforceable provision or provisions
causes this Agreement to fail in its essential purposes.
10.6 Governing Law and Venue. This Agreement shall be constlUed and enforced in
accordance with the laws of the State of Florida. The parties further agree that in any
dispute between them relating to this Agreement, exclusive jurisdiction shall be in the
trial comts located in Seminole County, Florida, any objections as to jurisdiction or
venue in such courts being expressly waived.
10.7 Attorney's Fees. In the event any litigation or controversy arises out of or in
connection with this Agreement between the palties hereto, the prevailing party in
such litigation or controversy shall be entitled to recover from the other party or
parties all reasonable attorney's fees and paralegal fees, expenses and suit costs,
including those associated with any appellate or post-judgment collection
proceedings.
10.8 Non-Waiver. No delay or failure by either party to exercise any right under this
Agreement, and no partial or single exercise of that right, shall constitute a waiver of
that or any other right, unless otherwise expressly provided herein.
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10.9 Notices. Any notice required under this Agreement shall be sent to the following
persons and address:
For City:
Kip Lockcuff, Utilities/Public Works Director
City of Winter SplIDgS
1126 East SR 434
Winter Springs, Florida 32708
(407)327-5988;Fa~ (407)327-6695
For Cuny:
Scott W. Cyphert
Curry Controls Company
1019 Pipkin Road
Lakeland, Florida 33811
(863) 646-5781; Fax: (863) 646-3899
The name and addresses stated herein may be changed by either party by providing the other
party written notice of the change.
10.10 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 Curry 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 Curry. If
said record, document, computerized information and program, audio or video tape,
photograph, or other writing is a public record, it shall be subject to the provisions of
Chapter 119, Florida Statu.tes, and may not be destroyed without the specific written
approval of the City. Upon request by the City, Curry 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 during normal business hours of
Curry and freely exhibited to the City for the purpose of examination and/or audit.
10.11 Interpretation. The City and Curry have participated in the drafting of all parts of
this Agreement. As a result, it is the intent of the parties that no pOltion of this
Agreement shall be inteIvreted more harshly against either of the paIties as the
drafter.
10.12 Independent Subcontractor. Curry shall be considered an independent contractor
under this Agreement.
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11. 0 Entire Agreement. This Agreement represents the entire and integrated Lease Purchase
Agreement between the patties for the lease purchase of the Equipment and supersedes all prior
negotiations, representations, or agreements, either oral or written, for the lease purchase of the
Equipment, and all such matters shall be deemed merged into tillS Agreement. The parties
acknowledge that there is a separate Construction Contract between them for the installation of the
Equipment.
12.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver
of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations
imposed on the City's potential liability under state or federal law.
13.0 Indemnification and Hold Harmless. To the fullest extent pennitted by law, Curry agrees
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 through any and all administrative, trial, post judgment and appellate
proceedings), directly or indirectly arising from the negligent acts, errors, omissions, -intentional or
otherwise, arising out of or resulting from Curry's performance of the activities and obligations
required by this Agreement and failure to comply with any term of this Agreement. This
indemnification shall sUlvive the tennination of this Agreement until any applicable statute of
limitation has expired.
14.0 Standard of Care. In. performing hereunder, Curry shall use that degree of care and skill
ordinarily exercised, under similar circumstances by reputable members of their profession practicing
in the same or similar locality.
15.0 Curry's Signatory. The person executing this Agreement on behalf of Curry hereby
represents and warrants that he/she has the full authority to sign the Agreement on behalf ofthe Curry
and to fully bind Curry to the tenns and conditions set forth in this Agreement.
16.0 Construction Contract. Curry and City acknowledge that the parties have executed a
separate Construction Contract for the pwpose of installing the Equipment. Cuny and City agree
that in the event there exists a conflict between the provisions of this Agreement and the provisions
of the Construction Contract, the provisions of this Agreement shall govern and prevail. In. addition,
there is hereby a cross-default covenant between this Agreement and the Construction Contract in
that any default under this Agreement shall constitute a default under the Construction Contract and
VIce versa.
17.0 Default.
Agreement:
The following provisions shall govelll defaults by either party under this
17.1 By City. An event of default on the part of City shall occur hereunder if City:
(A) fails to pay when due any quarterly or other payment required hereunder that has been annually
appropriated and budgeted by the City Commission; or (B) fails to perfonu or obselve any covenant,
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condition or provision ofthis Agreement and said failure continues llilcured after delivery ofwritten
notice by Cuny of said default for a period of ten business days or other additional and reasonable
cure period agreed to in writing by the parties; or (C) abandons or attempts to abandon, remove, sell,
transfer, encumber, or sublet any item ofthe Equipment without Curry's prior written consent; or (D)
commits any act ofbankmptcy or makes an assignment for the benefit of creditors or consent to the
appointment of a tmstee or receiver for bankruptcy or receivership purposes; or (E) shall be in default
under the Constmction Contract with Curry.
17.2 By Curry. An event of default on the part of Curry shall occur hereunder if Curry: (A)
fails to repair or replace defective or nonperforming Equipment during the Warranty Period set forth
in Paragraph 7.0 of this Agreement; or (B) fails to perform or observe any covenant, condition or
provision of this Agreement and said failure continues uncured after written notice by City of said
default for a period often business days or other additional and reasonable cure period agreed to in
writing by the parties; or (C) ceases doing business as a going concern; or (D) commits any act of
bankruptcy or makes an assignment for the benefit of creditors or consent to the appointment of a
tmstee or receiver for bankruptcy or receivership purposes; or (E) shall be in default under the
Constmction Contract with City.
17.3 Curry's Remedies for Default. Upon the OCClliTence of the event of default by City
as described in Section 17.1 of this Agreement, Cuny may, in its reasonable discretion, do one or
more of the following: (A) demand that all SWllS appropliated and budgeted by the City Commission
for payment hereunder for the City's fiscal year in which the default occurs become immediately due
and payable; (B) demand that City return the Equipment to Cuny as soon as practicable; (C) upon
plior approval of the City, enter the Locations and deactivate and remove all or portion of the
Equipment; or (D) exercise any other light or remedy available at law or in equity, subject to the
limitations contained in Section 5.0 of this Agreement.
17.4 City's Remedies for Default. Upon the occurrence of the event of default by Cuny
as described in Section 17.2 of this Agreement, City may, in its reasonable discretion, do one or more
of the following: (A) immediately terminate this Agreement and redeliver the Equipment to Curry or
its successor in interest as soon as practicable; (B) with respect to Curry's failure to repair or replace
defective or nonperforming Equipment during the Warranty Period set forth in Paragraph 7.0 of this
Agreement, repair or replace such Equipment and credit the next quarterly payment due hereunder
for the actual cost of such repair or replacement by City; or (C) exercise any other right or remedy
available at law or in equity.
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IN WITNESS WHEREOF, the patties hereto have executed this Agreement on the day and
year written above.
CITY:
CURRY:
CITY OF WINTER SPRJINGS
CURRYCONTROLSCOMWANY
By:
Ron McLemore, City Manager
By:
Print Name/Title:
Date:
Date:
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CURRY CONTROLS COMPANY
1019 Pipkin Road, Lakeland, FL 33811
LEASE-PURCHASE AGREEMENT
EXHIBIT "A"
. This exhibit is to be attached to and become a part of the Agreement dated
In the year 2000, between the undersigned and Cuny .controls Company.
Q~aotity."
Description
Location
2 Central Servers with softWare Public Works Facility
3 Printers (alarm, report, color trend) Public Works FacilitY
1 Host Radio Telemetry System Public Works Facility
2 Laptop computers Public Works Facility
1 IFix Dynamics Intellution-Redundant Server Package Public. Works Facility
1 IFix Intellution I Client SCADA software for each Laptop Public Works Facility
1 Spectre Win 911 Alarm Reporter Software System Public Works Facility
2 RTU Sites (PlC, RF Modem, Enclosure, Hardware, etc) Reclaimation Facilities (1 ea)
3 RTU Sites (PLC, RF Modem, Enclosure, Hardware, etc) Water Treatment Plant (1 ea)
34 RTU Sites (PlC, RF Modem, Enclosure, Hardware, etc) Wastewater Lift Stations (1 ea)
1 Cable, antennas, towers, connectors. hardware, etc. ,0. ..' Each Location Site
Signed by Lessee for Identification
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EXHIBIT
A
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'Received: 9/21/00 8:24AM;
SEP-21-2000 07:52
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SCADA
Compound Period .......: Quarterly
Nominal Annual Rate ... :
Effective Annual Rate .. :
Periodic Rate .............. :
Daily Rate .................. :
10.500 %
10.921 %
2.6250 %
0.02877 %
CASH FLOW DATA
'.' ..-.
Event
1 Loan
2 Payment
3 Payment
Start Date
09/21/2000
09/21/2000
09/21/2004
_> Brown~ Ward,Salzman & We~ss P.A.; Page 2
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09/21/2000 Page 1
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Amount Number Period
-
,--
End Date
298,427.00
22,491.75
0.00
1
16 Quarterly
1
06/21/2004
AMORTIZATION SCHEDULE - Normal Amortization
Date Payment
Loan 09/21/2000
1 09/21/2000 22,491.75
2 12/21/2000 22,491.75
2000 Totals 44,983.50
3 03/21/2001 22,491.75
4 06/21/2001 22,491.75
5 09/21/2001 22,491.75
6 12/21/2001 22,491.75
2001 Totals 89,967.00
7 03/21/2002 22,491.75
8 06/21/2002 22,491.75
9 09/21/2002 22,491.75
10 12/21/2002 22,491.75
2002 Totals 89,967.00
11 03/21/2003 22,491.75
12 06/21/2003 22,491.75
13 09/21/2003 22,491.75
14 12/21/2003 22,491.75
2003 Totals 89,967.00
15 03/21/2004 22,491.75
16 06/21/2004 22,491.75
17 09/21/2004 0.00
2004 Totals 44,983.50
Grand Totals 359,868.00
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Interest Principal Balance
298,427.00
0.00 22,491.75 275,935.25
7,243.30 15,248.45 260,686.80
7,243.30 37,740.20
6,843.03 15,648.72 245,038.08
6,432.25 16.059.50 228,978.58
6,010.69 16,481.06 212,497.52
5,578.06 16,913.69 195,583.83
24,864.03 65,102.97
5,134.08 17,357.67 178,226.16
4,678.44 17.813.31 160,412.85
4,210.84 18,280.91 142,131.94
3,730.96 18,760.79 123,371.15
17,754.32 72,212.68
3,238.49 19,253.26 104,117.89
2,733.09 19,758.66 84,359.23
2,214.43 20,277.32 64,081.91
1,682.15 20,809.60 43,272.31
9,868.16 80,098.84
1,135.90 21,355.85 21,916.46
575.31 21,916.44 0.02
0.02- 0.02 0.00
1,711.19 43,272.31
61,441.00 298,427.00
EXHIBIT
B
Received: 9/21/00 8:24AM;
-> Brown, Ward,Salzman & Weiss P.A.; Page 3
SEP-21-2000 07:53
('
('
P.03
, ~
09/21/2000 Page 2
SCADA'
Last interest amount decreased by 0.02 due to rounding.
CONSTRUCTION AGREEMENT
THIS AGREEMENT MADE THIS DAY OF ,2000_ between the CITY OF
WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State
of Florida, herein referred to as OWNER and CURRY CONTROLS COMPANY, State of Florida, herein
referred to as CONTRACTOR, a person duly licensed as a Contractor in the State of Florida, as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract
Documents, for the construction of the DESIGN/BUILD SCADA SYSTEM.
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical,
General and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as listed
on the Bid Form and Index to Drawings; all Addenda issued prior to and all Change Orders issued after
execution of this Agreement. These form the Contract and are incorporated into this Contract by this
reference.
3. CONTRACT TIME - The CONTRACTOR shall begin work within 10 days after the issuance of a
written Notice to Proceed and shall complete the work within 240 calendar days from the date of the Notice
to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing.
4. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of
this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the
time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General
Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 for each day that
expires after the time specified in Paragraph 3 for substantial completion has expired until the work is finally
complete and the Substantial Completion Certificate has been issued and that OWNER has paid to
CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision.
5. CONTRACT PRICE. UNIT PRICE CONTRACT - The Owner will pay the CONTRACTOR in
current funds for the performance of the work, subjeCt to additions and deductions by Change Order, the
Total Contract Price of Dollars ($ ).
Payment under this Agreement shall be in accordance with the Curry Controls Company Lease-Purchase
Agreement.
6. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR ENGINEER: DUTIES AND
AUTHORITY - The duties and authority of the City are as follows:
(A) General Administration of Contract. The primary function of the City is to provide the general
administration of the contract. In performance of these duties George F. Edwards or his authorized
representative is the City's Project Director during the entire period of construction. The OWNER
(City) may change the Project Director during the term of this contract.
(B) Inspections. Opinions. and Proaress Reports. The OWNER shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work site.
The OWNER will not be responsible for the means of construction, or for the sequences, methods,
00500-1
and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance
with the Contract Documents.
(C) Access to Work Site for Inspections. The OWNER shall be given free access to the works site at
all times during work preparation and progress. The Project Director is not obligated to make
exhaustive or continuous on site inspections to perform his duties of checking and reporting on work
progress, and any such inspections shall not waive Owner's claim regarding defective work by
Contractor.
(D) Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial
interpreter of the contract document requirements, and make decisions on claims and disputes
between Contractor and Owner.
(E) Reiection and Stoppage of Work. The OWNER shall have authority to reject work which in its
opinion does not conform to the Contract Documents, and in this connection may stop the work or
a portion thereof, when necessary.
7. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as follows:
(A) Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for
all construction under this contract, including the techniques, sequences, procedures and means, for
the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all
attention necessary for such proper supervision and direction.
(8) Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his
employees, and he agrees not to employ for work on the project any person unfit or without sufficient
skill to perform the job for which he was employed.
(C) Furnishing of Labor. Materials. etc. CONTRACTOR shall provide and pay for all labor, materials
and equipment, including tools, construction equipment and machinery, utilities, including water,
transportation, and all other facilities and services necessary for the proper completion of work on the
project in accordance with the Contract Documents.
(D) Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all
licenses and permits necessary for proper completion of the work, paying the fees therefor.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR
to undertake the contract work.
(E) CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after
acceptance by OWNER.
8. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in
accordance with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract
Documents.
00500-2
9. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the
terms or performance of this Agreement, both parties will participate in a mediation. The parties agree to
equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation,
then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County,
Florida.
10. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the
applicable party at the address shown on the first page of this Contract.
Contractor:
Signed, Sealed and Delivered
in the presence of:
Name:
Address and Telephone:
Owner:
City of Winter Springs
By: Ronald W. McLemore
City Manager
1126 East State Road 434
Winter Springs, FL. 32708
407 -327 -1800
00500-3
.~",y
I I I 1 I I I I I I I I
EVALUATION FORM
DESIGN BUILD SCADA SYSTEM
I I I I I 1
VENDOR
Digital Control Corp. I Curry Control Co. IData Flow Systems I Fllndustrial Elect IEngineer Service Co. I US Filter/Bailey Eng.
Criteria Weight~~,r,,, I I & PBS&J I I I
I I I "'" .at~~.sCO'reimilOWetltit01i1'nil1iooest[*W€iQIID~~~~ -.,:~.~,:':......~
1 Does system meet the base requirements? 20 x = x = x = x = x = x =
stipulated in Sect 01012?
I I ,. .
2 Has offerer supplied 5 systems in the last 5 x = x = x = x = x = x =
2 years within 200 miles of WS? I
I I I
3 Has offerer been in the business for 5 x = x = x = x = x = x -
5 years? I
I I I
4 Has the offerer listed material exceptions? 15 x = x = x = x = x = x =
(no e>x:eplions given highest score)
5 Has a Registered EE on team? 10 x = x = x = x = x = x =
I
6 Does offerer plan to evaluate options or 10 x = x = x = x = x = x =
is the communication method decided?
I I I ~
7 Does the offerer describe how the system 20 x = x = x - x = x = x = H
H
is to work for WS or is it a standard ~
general system ("')
I ~ /
6 What type of equip maintenance software 5 = = = = x = x = t7j
x x x x Z
has been proposed and is it flexible? H
I I I z
9 Is the system architecture open for ease 10 x = x = x = x = x = x - 0
in future compatibility? w
I I
I I
Evaluator: 100
I TOTAL
=v,."'. I RANK
'.
(
ATTACHMENT NO. 4
June 28,2000
CPH Engineers, Inc.
1117 E, Robinson St" Suite C
Orlando, FL 32801
Phone: (407) 425-0452
Fax: (407) 648-1036
www.cphengineers.com
George F. Edwards
City of Winter Springs
1126 E.SR 434
Winter Springs, FL 32708
RE: City of Winter Springs SCADA System
Dear Mr. Edwards;
CPR Engineers, Inc. has reviewed the submittal infornlation provided by Curry Controls
Company as well as the additional infot111ation that was requested of them following their
presentation. Based upon this, we have not noted any reason why you should not proceed with
the award process.
If you have any other questions, or if you need any additional information, please let me know.
Sincerely,
COJ)?~R:7l-
David E. Mahler P.E.
Project Manager
SANFORD . ORLANDO . DELAND . PALM CITY . CAPE CORAL . JACKSONVILLE
.
.'
.-;.-:-
CONSTRUCTION AGREEMENT
THIS AGREEMENT MADE THIS ?B~ ,DAY OF. r1.. t~~ ,2000 between the CITY OF
WINTER SPRINGS of 1126 East State .Road 434, Winter Springs, Florida 32708, Seminole County, State
of Florida, herein referred to as OWNER and CURRY CONTROLS COMPANY, State of Florida, herein
referred to as CONTRACTOR, a person duly licensed as a Contractor in the State of Florida, as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract
Documents, for the construction of the DESIGN/BUILD SCADA SYSTEM,
2. CONTRACT DOCUMENT~ - The Contract Documents consist of this Agreement; all Technical,
General and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as listed
on the Bid Form and Index to Drawings; all Addenda issued prior to and all Change Orders issued after
execution of this Agreement. These form the Contract and are incorporated into this Contract by this
reference,
3. CONTRACT TIME - The CONTRACTOR shall begin work within 10 days after the issuance of a
written Notice to Proceed and shall complete the work within 240 calendar days from the date of the Notice
to Proceed, Extensions, if any, are authorized by OWNER, and may only be granted in writing.
4. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize thaUime is of the essence of
this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the
time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General
Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time,
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a pEmalty) CONTRACTOR shall pay OWNER $500.00 for each day that
expires after the time specified in Paragraph 3 for substantial completion has expired until the work is finally
complete and the Substantial Completion Certificate has been issued and that OWNER has paid to
CONTRACTOR the consideration of Ten ($10,00) Dollars as consideration for this provision.
5. CONTRACT PRICE. UNIT PRICE CONTRACT. - The Owner will pay the CONTRACTOR in
current funds for the performance of the work, subject to additions and deductions by Change Order, the
Total Contract Price of Three Hundred Seventy Three Thousand Thirty Four and 00/100 Dollars
($373.034.00), Payment under this Agree'ment shall be in accordance with the Curry Controls Company
Lease-Purchase Agreement.
6. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR ENGINEER: DUTIES AND
AUTHORITY - The duties and authority of the City are as follows:
(A) General Administration of Contract. The primary function of the City is to provide the general
administration of the contract. In performance of these duties George F. Edwards or his authorized
representative is the City's Project Director during the entire period of construction. The OWNER
(City) may change the Project Director during the term of this contract.
(B) InsDections. ODlnions. and ProaressReDorts. The OWNER shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work site.
The OWNER will not be responsible for the means of construction, or for the sequences, methods,
and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance
with the Contract Documents,
00500-1
Access to Work Site for Inspections. The OWNER shall be given free access to the works site at
all times during work preparation and progress. The Project Director. is not obligated to make
exhaustive or continuous em site inspections to perform his duties of checking and reporting on work
progress, and any such inspections shall not waive Owner's claim regarding defective work by.
Contractor.
Interpretation of Contract Documents: Decisions on Disputes, The OWNER will be the initial
'. I interpreter of the contract document requirements, and make decisions on claims and disputes
between Contractor and Owner,
(E) Reiectlon and Stoppaae of Work. The OWNER shall have authority to reject work which in its
opinion does not conform to the Contract Documents, and in this connection may stop the work or
a portion thereof, when necessary, ,
7. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as follows:
(A) Responslbilitv for Supervision and Construction, CONTRACTOR shall be solely' responsible for
all construction under this contract including the techniques, sequences, procedures and means, for
the coordination of all work, CONTRACTOR shall supervise and direct the work, and give it all
attention necessary for such proper supervision and direction,
(8) Discipline and Emplovment. CONTRACTOR shall maintain at all times strict discipline among his
employees, and he agrees not to employ for work on the project any person unfit or without sufficient
skill to perform the job for which he was employed.
(C) Furnishina of Labor. Materials. etc. CONTRACTOR shall provide and pay for all labor, materials
and equipment, including tools, construction equipment and machinery, utilities, including water,
transportation, and all other facilities and services necessary for the proper completion of work on the
.project in accordance with the Contract Documents.
(D) Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all
licenses and permits necessary for proper completion of the work, paying the fees therefor.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses' required by law for CONTRACTOR
to undertake the contract work.
(E) CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after
acceptance by OWNER. .
8. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in
accordance with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract
Documents,
9. MEDIA TIONNENUE - The parties agree that should any dispute arise between them regarding the
terms or performance of this Agreement.. both parties will participate in a mediation. The parties agree to
equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation,
then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County,
Florida,
10. NOTICES - Any notice or approval under this Contract shall be sent, postage. prepaid, to the
applicable party at the address shown on the first page of this Contract.
00500-2
" I
..
Contractor:
Signed, Sealed and Delivered
in the presence of:
I
; Ad ess and Telephone:
,
,!' 1019 PIPKIN ROAD LAK: LAND FL 33811
I
l 863-646-5781 .
,~
~
~' f.
,si'
~
W
"
I,
Owner:
City of Winter Springs
Jt~ (A). ~~ r
By: Ronald W. McLemore
City Manager
1126 East State Road 434
Winter Springs, FL. 32708
407-327-1800
00500-3
i
~ ~ 3i
MEMORANDUM
TO: Andrea Lorenzo - Luaces. City Clerk
FROM: George Edwards, Capital Projects Coordinator
RE: Documentation for Aeslg{ild SCADA Buster
Ci#y of Wi-rter Sprin4s Bid # RFP
DATE: November 28, 2000
Transmitted herewith are the following executed documents for your files:
1) Notice of Award
2) Construction Agreement
3) Lease-Purchase Agreement
4) Notice to Proceed
5) Certificate of Liability Insurance
6) Perfiormance Bond and Labor and Materials Payment Bond
~„~,~,
.e.. _. -:.T ....j. .~.- .:. .. :. ...
NOV-15-00 WED~01~13 PM JEFFERSON ALLSOPP FAX N0. 1 863 688 6417 P. 01
i4CORD,M CEaTI~I E OF L.IABILI~'1( INS A111G~ o~iZai2v o
raoDUCER (863)b88-7691 FAX (863)683.3790
]EFFERSON-ALLSOPP, INC.
P 0 SOX 3667 THIS CERTIFICATE iS l5SUE0 AS A 11lATTER OF INFORMATION
ONLY ANO CONFERS N0 RIGHTS UPON THE CERTIFlCA'CE
ttOLDER. THIS GERTlFICATE DOES NOT AMEND, EXTENQ OR
ALTER THE COVERAGE AFFORDEA OY THE POLIGIE9 BELOW.
440 S. FLORIDA AVE.
LAKEIAND, FL 33802-3667 lNSURERSI4FFORDING COVERAGE
INSURED Y L , ~suneRA HARTFORD INS GROUP/MIDDLE MKT SC
P. Q. BOX 5408 INsyRrRa. NATIONAL UNION FIRE/CRC ALABAMA
LAKELAND, FL 33807 ~+suRERC BRI4GEFIEL4 INSURANCE C'~MPAIYY/SUI~IIT
INSURER D:
FA 646-3899 P6°.URERE.
COVERAGES
1'ML PDLICICS Of INSURANCE LfSTED BELOW HAVE 6EEN ISSUEQ TA 1'HE INSUHEU NAMEDABOYE FOR THE POLICY PERIOD MIEkCIITED. NOTWITHSTANDiNO
ANY R£4UIREMGNT, TERM OR CONDITtON OF ANY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTif KATE MAY OE M.sSUEd OR
MAY PERTAMl, THE INSURANCE AFFOiZDGp DY TH£ PpLICIES OESCRIBEO HEREIN l5 SUBJECT TO Alt THE TERklS. EXC4USIpNS AND CONDITIpNS 0{/ SUCt~!
PptICIES. AGGREGATE LIMITS SHAWN MAY HAVE BEEN REQUCEO BY PAifZ CLAIMS.
ltR TYPE ~ INSURANCE POIK:Y NUMBER OAj, rM 1pDrYY A IINtATS
GENERAL t.lAeltrrv IUUNXa402s to/oi/zo0a to arJZOOx EAcN ~~I,R>;E,~E i 1, Ooo
X COMMERCIAL GENERAL tIAQIIITY FlRt DAMAGf.- ytny oeb fim> 3 3tlO
CtnIM.; M+IOE X~ OCCVR MEO ExP (Any a» y~nw11 i 1O
A PERSONAL b AON 1!lJURY i j ,000 ,
GEIYERALAGGRt:GATG i 2,000,
CflN'L AGGItECATE LIMB APPLIES PCR: PRODUCTS - COIVAPlOF AGG i Z ,404
PDi.ICr !F a LPC
AUTOMODiIG UAtaILITT
X ANr AVTO lUENVX5955 ZO/ ~~/~~QD 1~~Q1/2042 COINBM/ED SIFIGIE IrNR
tEa aea~+y
S 1 e
All DWN[D A11TDS r IN
ryRY
BOOq
A
sc.-tErnnFUnv2ns .
.
t~«Pa~+1 S
X NIREOIUITOS 6001LY INJURY
X
NON•OWNFO AI.ITDS
(Per ace~tN~ntl i
PROPERTY OAMAGIi
(Ptr xutlar~! 3
GARAGE tIA81L2TY AUTO ONLY. Gt ACCK>FNT ;
ANY AUTO ~~
OTHER THAN i
Atf1'OONIY. AC~(i S
EXCESS 11A011ITY E7405244 10/41/2000 14/01/2401 EACH ocCURRGNC{ S 9000
X OCCUR ~ CtAIMSMADE nGGRECyITf : 9,000
$ :
DCOUCTirq E ;
RETEN"rlOn >< i
YPJRKERS GOMPEMSATK)N AND
CMPCOYERG' IIARILATY 83413428 44/41/2000 04/41/2001 TORY T R
C E t_ EACH ACCIOENt ~ ~ QQ
C. t. DISEASE - EA EMPLOYED S 1 ~ QQQ, Q
E l DISEASE • POL2CY lddlT i j , 000
OTHER
gCRIP7101Y OF OPERATWNS+I.OCATIpIiSfVE1pCLEStEXC1{1$ION AbOLp pY ENDORSEMI:NT1SPfC1Af_
ITV OF WINTER SPRINGS/OWNER 8 CPN EN~INEERS, INC. ARE ADD D AS ~DITIONAL INSUREDS QN THE ABQVE
NERAL LIABILITY ANO AUTO LIABILITY POLICY WITH RESPECTS TO DESIGN/BUILLI SCADA SYSTEM.
I.lw.IlJMwi.r.• •.w. www _
CITY OF WINTER SPRINGS
CITY HAIL
1126 E, STATE ROAD 434
WINTER SPRINGS, FL 32708
SHOULD AMY OP THE AOOYE pESCR1000 POtIClk81E CANCEltEO BEfORi• THE
[klKRAYION PATE THEREOF, THE ISSUi~ti COMPANY M/N.L ENDEAVOR TO M41L
3O DAY$1lWBTTEN NOTICE TO THE CHRTIFICATC HOI.OER NAMED TO TN[ t6FT,
DUT FAJLURQ TO MAIL SUCH NOtK:C SIIALL 11wOiE NO OYLKiATION OR tUU31l1TY
OF ANY KIND UtON THE COMPANY, ITS AGENTS OR RiPRE.''iENTATIYES.
AYTHORIZED REPRESENTATIYIF e
x. waYNE wT~sorlr~c~~ -lr~u.Zu~.t..
FAX: (407)327-6695
~~' ~ • •
` POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
James C. Franklin, Jr., Johnny M. Read, Pamela E. Grizzell, Daniel F. Wagner, Angela K Richeson,lndividually
of Lakeland, Florida
their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and
all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,
duly adopted, as indicated, by the Boards of Directors of the corporations.
In witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 19th day of May 1998
CONTINENTAL CASUALTY COMPANY
~,~~~~rj. ~. ~~'~, ~~rnof'4r NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
~, ~~~, ~ AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
m
~ v ~ ~ ~ ~w~T~n ~ .
ov SEAL g ~ ~ I9oz ~
~' ~~ e
1897
State of Illinois, Courrty of Cook, ss:
Marvin J. Cashion Group Vice President
On this 19th day of May 1998 ,before me personally came
Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the
seals of said corporations; that the seals affxed to the said instrument are such corporate seals; that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to
be the act and deed of said corporations.
Jo ~i
N07ARY
pusuc
C~ ~.~'
My Commission Expires March 6, 2000 Mary Jo Abel Notary Public
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse ereof re still 'n f rce. In testimony ereof have hereunto subscribed my name and affixed the seals of the said corporations
this ay of
CONTINENTAL CASUALTY COMPANY
c~~'~G~CTy Q~, ~~'~~, ~I"0f NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
~, ~~~, ~ ~ ~ ~~. ,~~ AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
/ULY 71,
J SERI. ~c ~. ~ ~ 1902 ~~
.~ .
1897 ~
Mary A. Ribikawskis Assistant Secretary
(Rev.10/1 /97)
.
,
LEASE PURCHASE AGREEMENT
THIS LEASE PURCHASE AGREEMENT ("Agreement") is made and entered into on
this 25f:. day of ./izr;6u~, 2000, by and between the CITY OF WINTER SPRINGS, a
Florida Municipal Corporation ("CITY"), and CURRY CONTROLS COMPANY, INe., a Florida
Corporation ("CURRY").
WIT N E SSE T H:
WHEREAS, City desires to lease purchase certain equipment for its utility system from Curry
under the terms and conditions of this Agreement; and
WHEREAS, Curry desires to lease and sell such equipment to City under the terms and
conditions of this Agreement; and
WHEREAS, it is the intent and purpose of this Agreement that upon the expiration of this
Agreement, and the City's full payment of the lease amounts hereunder, the title to the equipment will
fully vest in the City and the City's obligations to make any further payments for the equipment shall
cease.
NOW THEREFORE, in conSideration of the provisions contained in this Agreement, and
other good and valuable consideration in which the parties acknowledge has been received, the parties
agree as follows:
1.0 Incorpora tion of Recitals : The foregoing recitals are true and correct and by this reference
are:fiilly incorporated into this Agreement.
2,0 Rental of Equipment; Term. City agrees to lease from Curry the equipment (and all
substitutions, repairs, modifications, and replacements thereof) listed in Exhibit "A" (''Equipment'').
Exhibit "A" is attached hereto an.d fully incorporated herein by this reference, The term of the lease
shall be four (4) years commencing on the date the Equipment is installed at the locations set forth
in Section 3.0 of this Agreement and a substantial completion certification is issued by the City, Any
add-on equipment installed by Curry at City's request during the Term of this Agreement shall be
deemed a modification of this Agreement with respect to the Equipment description set forth in
Exhibit "A" and the monthly lease amount; however, in all other respects, the add-ons shall be subject
to the remaining provisions of this Agreement.
3,0 Location.' Curry agrees'to install the Equipment in accordance with that certain
Construction Contract by and between City and Curry, dated 11/"Z8 . , 2000 ("Construction
1
.
,
Contract"), and at the following locations, unless otherwise provided by the City in writing:
Wastewater Reclamation Facility (two sites)
Water Treatment Plants (three sites)
Public Works Facility (Flamingo Road One site)
Wastewater Lift Stations (Thllty' F our sites) .
4,0 Lease Amounts. Upon execution of this Agreement, City agrees to pay a prepaid lease
amount equal to $74,606.80 which shall be applied to the total cost of Equipment provided by Curry
under this Agreement. The remaining principal balance of the Equipment due under this Agreement
shall be Two Hundred Ninety-Eight Thousand, Four Hundred Twenty-Seven and 00/100 Dollars
($298,427.00). Upon the installation of the Equipment and the issuance ofa substantial completion
certificate by City, City shall commence making consecutive quarterly lease payments in accordance
with the Amortization Schedule attached hereto as Exhibit "B" and hereby fully incorporated herein
by this reference, Each payment thereafter shall be on the same day of each quarter or such later day
as Curry may designate in writing. Said payments shall be for sixteen (16) consecutive quarters and
each quarterly payment shall be equal to $22,491.75 inclusive of all principal and interest. All
payments shall be made payable to Cuny at such address as Curry directs in writing, No other
payments shall be required by City under this Agreement, unless otherwise mutually agreed to by the
parties in writing, The City shall have the right to prepay all or part of the principal balance at any
time and without penalty.
5,0 No Obligation to Budget and Appropriate; Remedy. Under no circumstances shall this
Agreement be construed as obligating the City to extend its credit o,r taxing power to secure payment
and performance of the terms of this Agreement. The City will exercise good faith in taking
appropriate actions that are reasonably necessary under the laws of Florida to plan and budget for
receipt of sufficient appropriation of funds to discharge its obligation to make all payments required
under this Agreement when due. However, the City's obligation to pay the lease amounts under this
Agreement shall be contingent upon an annual budget appropriation by the City Commission of
Winter Springs, which shall be at the sole and absolute discretion of the City Commission. Curry
agrees that should the City Commission fail to make such an appropriation, this Agreement shall
automatically terminate and Curry' s sole remedy shall be an action for actual damages resulting from
the termination of this Agreement and limited to the remaining principal balance of the Equipment
due under this Agreement. In the event of said termination, Cuny hereby expressly waives any and
all other rights available at law or equity with respect to the City's failure to' appropriate sufficient
funds to continue making the contractually required payments under this Agreement. Cuny shall not
have the right to comp~l the exercise of the ad valorem taxing power of the City or the right to lien
the Equipment or any other real or personal property of the City,
6,0 Ownership and Title to Equipment. During the term of this Agreement, title to the
Equipment shall remain vested in Curry. Upon tender by the City of the last quarterly payment
required by Section 4.0 of this Agreement or tender of the current principal balance, title to the
Equipment shall immediately fully vest in the City without further .action of the parties.
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Notwithstanding, upon tender of final payment and request by the City, Curry shall execute an
appropriate legal instrument conveying to City all rights and title to the Equipment.
7.0 Installation; Maintenalll.ce and Limited Warranty. Upon execution of this Agreement
by both parties, Curry shall install the Equipment as required hereunder and in accordance with the
Construction Contract between the parties for said purpose. Upon installation of the Equipment and
issuance of a substantial Compl~:tion Certificate by the City, the City shall maintain the Equipment
at the locations identified in this Agreement. Curry warrants that the Equipment shall be delivered
ina good and workmanlike manner and be free from defects in workmanship for a period offorty-
eight (48) months after delivery to the City, except that the personal computers and printers shall be
warranted for a period of twenty-four (24) months. In the event that the Equipment is defective or
fails to perform properly dUring the forty-eight (48) month warranty period (or twenty-four month
warranty period in respect to the: personal computers and printers), Curry shall replace or repair the
defective or non-performing Equipment at no cost to the City. The foregoing obligations, rights and
warranties are in lieu of all other warranties, expressed or implied, including, but not limited to the
warranties offitness for a particular purpose or use and merchantability. City agrees, at its own cost
and expense, to keep the Equipment in good repair, condition, and working order. The amounts paid
by City under this Agreement, in part, are consideration for the warranty provided by this section.
8.0 Use and Location of Equipment. City shall not abuse the Equipment or permit it to be
repaired by anyone other than Curry. City shall use the Equipment only in a manner contemplated
by the manufacturer and in accordance with law, City is responsible for maintaining equipment in its
as delivered condition, ordinary wear and tear excepted.
9.0 Risk of Loss; Insurance. Upon installation of the Equipment and issuance of a substantial
Completion Certificate by the City, the City shall bear all risks of direct physicalloss of or damage
to the Equipment except as provided under this Agreement. In the event of a covered loss or damage
to the Equipment, Curry's sole obligation will be to repair or replace the damaged or lost Equipment.
Curry shall not be liable for any loss resulting from the acts and omissions of the City and its
employees and agents or from acts beyond Curry's control (e.g., wars, riots, unauthorized tampering
of Equipment, neglect or abandonment of the Equipment). In the event ofa loss caused by the City
and its employees and agents or by acts beyond Curry's control, City shaU incur the expense to repair
or replace the damaged or lost Equipment. City agrees to maintain adequate public liability insurance
for the Equipment. The City shall provide Curry with a certificate of insurance upon request. The
occurrence of any loss of or damage to the equipment shall not however relieve or reduce any other
covenant, condition or provision contained in this Agreement.
10.0 Miscellaneous:
10.1 Non-Business Day. In the' event that any period of time asset forth in this
Agreement expires or any date herein occurs on a Saturday, Sunday, holiday or other
non-business day, then such date shall automatically extend to 5:00 p,m. on the next
subsequent business day.
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10.2 Assignment. This Agreement shall not be assigned or transferred by City, in whole
or in part, unless said assignment or transfer is approved in writing by Curry. This
Agreement may be assigned to a third party by Cuny. Such assignment shall not,
however, release Cuny from its obligations hereunder or limit the City's right to look
solely to Curry for performance of its obligations under this Agreement or seek any
claim,' action, or proceeding arising from said a ssigninent , Notwithstanding any
assignment by Cuny, City shall enjoy quiet use of the Equipment under this
Agreement provided City is not in default hereunder.
10.3 Third Party Rights. This Agreement is not a third party beneficiary contract and
shall not in any respect whatsoever create any rights on behalf of any party not
expressly a party to this Agreement.
10.4 Further Assurances. From and after the execution of this Agreement, each of the
parties hereto shall fully cooperate with each other and perform any further act( s) and
execute and deliver any further documents which may be necessary or desirable in
order to carry out the purposes and intentions of this Agreement.
10.5 Severability. If any provision of this Agreement is held to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless remain in full force and
effect, unless the absence of the invalid, void or unenforceable provision or provisions
causes this Agreement to fail in its essential purposes.
10.6 Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with 1he laws of the State of Florida. The parties further agree that in any
dispute between them relating to this Agreement, exclusive jurisdiction shall be in the
trial courts located in Seminole County, Florida, any objections as to jurisdiction or
venue in such courts being expressly waived.
10.7 Attorney's Fees. .ll the event any litigation or controversy arises out of or in
connection with this Agreement between the parties hereto, the prevailing party in
such litigation or controversy shall be entitled to recover from the other party or
parties all reasonable attorney's fees and paralegal fees, expenses and suit costs,
including those associated' with any appellate or post-judgment collection
proceedings.
10,8 Non-Waiver. N9 delay or failure by either party to exercise any right under this
Agreement, and no partial or single exercise of that right, shall' constitute a waiver of
that or any other right, unless otherwise expressly provided herein.
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10.9 Notices. Any notice required under this Agreement shall be sent to the following
persons and address:
For City:
Kip LockcuH: UtilitieslPublic Works Director
City of Winter Springs
1126 East SR 434
Winter Springs, Florida 32708
(407) 327-5988; Fax: (407) 327~6695
For Curry:
Scott W. Cyphert
Curry Controls Company
1019 Pipkin Road
Lakeland, Florida 33811
(863) 646-5781; Fax: (863) 646-3899
The name and addresses stated herein may be changed by either party by providing the other
party written notice of the change.
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10.10 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 CwTy 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 Curry. If
said record, document, computerized information and program, audio or video tape,
photograph, or other writing is a public record, it shall be 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, Curry 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 during normal business hours of
Curry and freely exhibited to the City for the purpose of examination and/or audit.
10.11 Interpretation. The City and Curry 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.
10.12 Independent Sulbccmtractor. Curry shall be considered an independent contractor
under this Agreement.
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11.0 Entire Agreement. This Agreement represents the entire and integrated Lease Purchase
Agreement between the parties for the lease purchase' of the Equipment and supersedes all prior
negotiations, representations, or agreements, either oral or written, for the lease purchase. of the
Equipment, and all such matters shall be deemed merged into this Agreement. The parties
acknowledge that there is a separate Construction Contract between them for the installation of the
Equipment.
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12.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver
of the City's right to sovereiguimmunityunder Section 768.28, Florida Statutes, or other limitations
- imposed on the City's potential liability under state or federal law.
13.0 Indemnification and Hold Harmless. To the fullest extent permitted by law, Curry agrees
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 through any and all administrative, trial, post judgment and appellate
proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional or
otherwise, arising out of or resulting from Curry's performance of the activities and obligations
required by this Agreement and failure .to comply with any term of this Agreement. This
indemnification shall swvive the termination of this Agreement until. any applicable statute of
limitation has expired.
14.0 Standard of Care. In performing hereunder, Curry shall use that degree of care and skill
ordinarily exercised, under similar circUmstances by reputable members of their profession practicing
in the same or similar locality.
15.0 Curry's Signatory. The person executing this Agreement on behalf of Curry hereby
represents and warrants that hel she has the full authority to sign the Agreement on behalf of the Curry
and to fully bind Curry to the terms and conditions set forth in this Agreement.
16.0 Construction Contract. Curry and City acknowledge that the parties have executed a
separate Construction Contract for the purpose of installing the Equipment. Curry and City agree
that in the event there exists a conflict between the provisions of this Agreement and the provisions
of the Construction Contract, the provisions of this Agreement shall govern and prevail. In addition,
there is hereby a cross-default covenant between this Agreement and the Construction Contract in
that any default ,under this Agreement shall constitute a default under the Construction Contract and
VIce versa.
17.0 Default. The following provisions shall govern defaults by _ either party under this
Agreement:
17.1 By City. An event -of default on the part of City shall occur hereunder if City:
(A) fails to pay when due any quarterly or other payment required hereunder that has been annually
appropriated and budgeted by the City Commission; or (B) fails to perform or observe any covenant,
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condition or provision of this Agreement and said failure continues uncured after delivery of written
notice by Curry of said default for a period often business days or other additional and reasonable
cure period agreed to in writing by the parties; or (C) abandons or attempts to abandon, remove, sell,
transfer, encumber, or sublet any item of the Equipment without Curry's prior written consent; or (D)
commits any act of bankruptcy or makes an assignment for the benefit of creditors or consent to the
appointment of a trustee or receiver for bankruptcy or receivership purposes; or (E) shall be in default
under the Construction Contract with Curry.
17.2 By Curry. An event of default on the part of Curry shall occur hereunder if Curry: (A)
fails to repair or replace defective or nonperforming Equipment during the Warranty Period set forth
in Paragraph 7.0 of this Agreement; or (B) fails to perform or observe any covenant, condition or
provision of this Agreement and said failure continues uncured after written notice by City of said
default for a period often business days or other additional and reasonable cure period agreed to in
writing by the parties; or (C) ceases doing business as a going concern; or (D) commits any act of
bankruptcy or makes an assignment for the benefit of creditors or consent to the appointment of a
trustee or receiver for bankruptcy or receivership purposes; or (E) shall be in default under the
Construction Contract with City.
17.3 Curry's Remedies for Default. Upon the occurrence of the event of default by City
as described in Section 17.1 of this Agreement, Curry may, ill its reasonable discretion, do one or
more of the following: (A) demand that all sums appropriated and budgeted by the City Commission
for payment hereunder for the City's fiscal year in which the default occurs become immediately due
- and payable; (B) demand that City return the Equipment to Curry as soon as practicable; (C) upon
prior approval of the City, enter the Locations and deactivate and remove all or portion of the
Equipment; or (D) exercise any other right or remedy available at law or in equity, subject to the
limitations contained in Section 5.0 of this Agreement.
17.4 City's Remedies for Default. Upon the occurrence of the event of default by Curry
as described in Section 17.2 of this Agreement, City may, in its reasonable discretion, do one or more
of the following: (A) immediately terminate this Agreement and redeliver the Equipment to Curry or
its successor in interest as soon as practicable; (B) with respect to Curry's failure to repair or replace
defective or nonperforming Equipment during the Warranty Period set forth in Paragraph 7.0 of this
Agreement, repair ot replace such Equipment and credit the next quarterly payment due hereunder
for the actual cost of such repair or replacement by City; or (C) exercise any other right or remedy
available at law or in equity.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year written above.
CITY : CUJRRY:
CITY OF WINTER SPRINGS CURRYCONTROLSCOMWANY
By:~~M~ .
Ron McLemore, City Manager
Date: /1 /78/1/0 Date: /iJft'1'~ 0
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