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HomeMy WebLinkAbout1996 10 28 Consent Item C COMMISSION AGENDA ITEM c REGULAR CONSENT X INFORMATIONAL October 28. 1996 Meeting MGR //J1/ IDEPT /)j/ Authorization REQUEST: Public Works/Stormwater Utility Division Requesting Authorization to Execute Amendment SO for Consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: The purpose of this Board item is to request authorization for the execution of Amendment 50 for a Review of the Stormwater Utility Ordinance and Development of a Mitigation Credit Policy with Conklin, Porter & Holmes Engineers, Inc. at a cost of $13,304.00. CONSIDERATIONS: This study is needed to begin to implement the recommendations that were made by stormwater legal and rate experts retained by the City to review our stormwater ordinances, resolutions and rate structure. Robert Nabors ofthe law firm Nabors, Giblin, & Nickerson of Tallahassee reviewed the legal aspects while Duncan Rose of Government Services Group, L. C. covered the rate structure. These experts were retained to evaluate our position in response to receipt of a draft law suit by a resident who is also an attorney. Their report is included as Attachment #2. The scope of work includes reviews of the mitigation credit, the impact of any new drainage studies on the capital improvement program, the capital and major maintenance expenditures to date, and a rate evaluation. The engineering firm of Dyer, Riddle, Mills & Precourt is being used as a subconsultant due to their expertise in mitigation credit computations. October 28, 1996 Consent Agenda Item C Page ..2 ISSUE ANALYSIS: This study will provide recommended improvements to the stormwater utility program which will solidify our position for any potential legal challenges. FUNDING: The cost for Amendment 50 is $13,304. Sufficient funds are available in the consulting engineering line code (4412-53180) for this study. It is estimated the funds would be expended in 90 days from date of approval. RECOMMENDATION: It is recommended that authorization be given for the execution of Amendment 50 for a Review of the Storm water Utility Ordinance and Development of a Mitigation Credit Policy with Conklin, Porter & Holmes Engineers, Inc. at a cost of$13,304.00 payable from the Stormwater Utility Consulting Engineering line code (4412-53180). IMPLEMENTATION SCHEDULE: The study will be completed within 60 days of approval. ATTACHMENTS: 1. Amendment 50 for Consulting Engineering Services with CPH. 2. Review of Storm water Utility Structure by Nabors, Giblin & Nickerson and GSG COMMISSION ACTION: Attachment No. 1 AMENDMENT 50 TO AGREEMENT DATED NOVEMBER 27, 1984 FOR STORMW ATER UTILITY ORDINANCE REVIEW BETWEEN THE CITY OF WINTER SPRINGS AND CONKLIN, PORTER & HOLMES - ENGINEERS, INC. This Amendment dated , 1996, by and between the City of Winter Springs (hereinafter called the OWNER) and Conklin, Porter & Holmes - Engineers, Inc. (hereinafter called the ENGINEER), is mutually agreed upon and declared an authorized Amendment to an Agreement dated November 27, 1984, between the parties, herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the November 27, 1984, Agreement apply as fully as if repeated herein. SECTION 1 GENERAL 1.1 The ENGINEER shall provide all services required to complete the review of the stormwater utility ordinance and the development of a mitigation credit policy. The ENGINEER shall perform professional services as hereinafter stated in accordance with good engineering practices. This is a joint project with Dyer, Riddle, Mills & Precourt (DRMP) being utilized as a subconsultant. SECTION 2 BASIC SERVICES OF THE ENGINEER 2.1 The ENGINEER will serves as the CITY'S professional representative in those phases of work to which this Amendment applies, and will give consultation and advice to the CITY during the period of performance of services. SECTION 3 SCOPE OF SERVICES 3.1 Task 1 Project Initiation and Ordinance Review Project Team shall meet with City Staff to initiate the project and discuss staff concerns. The City's stormwater utility ordinance shall be reviewed for technical completeness in light of the recent Supreme Court decision. (CPH/DRMP) 3.2 Task 2 Data Collection and Meetings with SJRWMD Determine mitigation credit values by credit class. The project team shall meet with SJRWMD and other jurisdictions as necessary to identify those practices and facilities which reduce a land area's contribution to need for stormwater facilities. Three meetings are anticipated, the first of which will focus on defining components of stormwater management which are appropriate to the development of a mitigation credit framework. (CPH/DRMP) 3.3 Task 3 Select Example Projects for Analysis From the meetings on the above task, ten representative parcels shall be selected for the purpose of determining stormwater utility obligation in terms ofERU's, without regard to mitigation. (CPH/DRMP) 3.4 Task 4 Define Mitigation Components Algorithms and required inputs for computing mitigation credit components shall be established. Weighting factors for the various components shall be recommended based upon relative importance in reducing contribution to need, and benefit area deficiencies. A procedures document will be prepared to aid City staff in properly assigning credits to properties whose owners appeal the utility fees. (DRMP) 3.5 Task 5 Apply Mitigation Credits to Selected Projects :Mitigation credit computations shall be applied to the ten representative parcels. The examples shall be evaluated in terms of ease of data acquisition, equity of application, and impacts to the proposed revenue stream. (CPR) 3.6 Task 6 Meetings with City Staff A final meeting with City staff will be required to solicit City staff revisions. The mitigation credit policy shall be revised based upon the results of this meeting. (CPHfDRMP) 3.7. Task 7 Review New Drainage Studies Review current published studies on Gee Creek, Soldiers Creek, Little Lake Howell Basin that have been prepared since the publication of the Master Plan. Re-evaluate capital improvements based on these studies. (CPR) 3.8 Task 8 Master Plan Overview Overview of the existing Master Stormwater Plan based on the existing capital improvements plan. Re-evaluate capital expenditures to date (adjust the value of future capital projects if necessary). Re-evaluate capital costs based on recent bids and construction costs. Identify the basin in which each capital improvement will occur. Include the cost for major maintenance items and identify a future cost for major maintenance items on an annual basis per basin based on information provided by the City. Include the cost for all other maintenance items and administration costs for the entire City on an annual basis. The city staffwill identify the number ofERUs in each basin. Estimate the amount of mitigation that would occur in each basin based on ownership and basin treatment information provided by the City. We will not provide an evaluation of the capabilities of each drainage system. (CPR) 3.9 Task 9 Rate Evaluation Provide OWNER with recommended rates based on the capital and maintenance expenditures identified in 3.8 above. Only the dollar amounts generated in Task 3.8 will be used to perform the analysis. Therefore, the level of detail and accuracy is directly related to this task. Information pertaining to the ownership, maintenance responsibilities and monetary aspects of privately owned stormwater facilities will be provided by the OWNER. The OWNER will be provided with a value for each, i.e., capital and maintenance components based on the best available information. This is not intended to be a complete rate study for the stormwater utility system. It is an evaluation of the existing rate structure and recommended parameters in order to place the stormwater fee for the City of Winter Springs in perspective with the tasks and projects identified for the stormwater system. (DRMP) SECTION 4 SUPPLEMENT AR Y SERVICES OF THE ENGINEER 4.1 If authorized in writing by the OWNER prior to the rendering of such services, the ENGINEER will furnish or obtain under subcontracts, supplementary services of the following types which will be paid for by the OWNER. 4.2 Additional services due to significant changes in the scope of the project or its design including, but not limited to, changes in complexity, character, or due to time delays in initiating or completion of the work as described herein. 4.3 Additional services in connection with the project including services normally furnished by the OWNER as described in Section 5 herein and services not otherwise provided for in this Amendment. 4.4 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.5 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the St. Johns River Water Management District, or other regulatory agency requirements. SECTION 5 THE OWNER'S RESPONSIBILITIES 5.1 The OWNER will: 5.1.1 Advise the ENGINEER of his requirements for the project and designate a person to act as the OWNER'S representative with respect to the work to be performed under this Amendment, and such person shall have complete authority to transmit instructions, receive information, interpret and define the OWNER'S policies and decisions pertinent to the work covered by this Amendment. 5.1.2 Guarantee access to and make all provision for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. 5.1.3 Provide data requested that is reasonably available on the existing utility systems, population and projects, land use and planning information. 5.1.4 Examine all studies, reports, sketches, and other documents presented by the ENGINEER and render decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. 5.1.5 Obtain approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 5.1.6 Furnish, or direct the ENGINEER in writing to provide at the OWNER'S expense, necessary additional services as stipulated in Section 4 of this Amendment, or other services as required. 5.1.7 Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may require. 5.1.8 Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project. SECTION 6 PAYMENT 6.1 PAYMENT 6.1.1 Compensation paid ENGINEER for services described herein and rendered by principals and employees assigned to the Project will be computed by multiplying Direct Personnel Expense (defined in Paragraph 6.2.3 herein) times a factor of 2.0 plus all reimbursable expenses. The fee for the scope of services described in Section 3 shall not exceed $13,304.00 without further written authorization. 6.2 REIMBURSED EXPENSES AND DEFINITIONS 6.2.1 Expenses for items not specifically valued herein are to be reimbursed to the ENGINEER at the actual cost thereof Said expenses shall include transportation and subsistence of principals and employees, when traveling in connection with the Project, toll telephone calls, telegrams and similar project-related items. 6.2.2 The OWNER will make prompt monthly payments in response to ENGINEERS'S monthly statements without retention for all categories of services rendered under this Amendment and for reimbursable expenses incurred. 6.2.3 Direct Personnel Expense used as a basis for payment shall mean the salaries and wages paid to principals and employees of all classifications engaged directly on the project, plus the cost of fringe benefits including but not limited to, social security contributions, worker's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. For purposes of this Amendment, Direct Personnel Expense shall be considered an amount equal to 1.48 times applicable salaries and wages. 6.2.4 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.2.3 will be computed at a rate of$400.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be computed in accordance with Paragraph 6.1.1 and 6.2. I herein). 6.2.5 If this Amendment is terminated during prosection of the services prior to completion of the services of Section 3, payments to be made in accordance with Paragraph 6.1.6 and 6.2.1 on account of that and all prior work under this Amendment shall be due and payable, and shall constitute total payment for services rendered. In addition, upon termination, the ENGINEER shall be paid for any Additional Services authorized and rendered under Section 4. 6.26 The ENGINEER shall promptly begin work on the services authorized by this Amendment upon receipt of notice to proceed from the OWNER. SECTION 7 GENERAL CONDITIONS 7.1 Since the ENGINEER has no control over the cost oflabor, materials or equipment, or over any construction contractor's method of determining prices, any opinions of probable construction cost which may be provided in the services of this Amendment are made on the basis of his experience and qualifications and represent his best judgement a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. . 7.2 The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators, and assigns to the other party of this Amendment and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Amendment. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of any public body which may be a party hereto, nor shall it be constructed as giving any rights or benefits hereunder to anyone other than the OWNER and the ENGINEER. SECTION 8 8.1 The ENGINEER agrees to prosecute the work in a timely manner until the Project is completed. IN WITNESS WHEREOF, the parties hereto have made and executed this Amend- ment the day and year first above written. OWNER: City of Winter Springs ATTEST By: Ron McLemore City Manager City Clerk Date: ENGINEER: Conklin,Porter &Holmes- Engineers,Inc. ~ By: Terry Senior 5 V; V,R MIEND50. PRO/tnz Date:, 1'{) / IOJ9~ , a ~te?j /tH#1~~ '/,p7!fft; :Jl.'/~ tJLL/~,~~M~~/~ EXHIBIT A MANPOWER SCHEDULES CONKLIN, PORTER AND HOLMES ENGINEERS, Total Total INC. Principal Proj.Eng. Engineer Technician Secretary Man-Hours $/Task Per Task Hourly Rate($/Hour) $91.00 $62.00 $56.00 $41. 00 $30.00 Task I-Project Start-up and Ordinance Review 0 2 1 0 0 3 180 Task 2-Data Col.lMeet wI SJRWMD 1 3 3 2 1 IO 557 Task 3-Select Example Projects for Analysis 1 4 4 2 0 11 645 Task 4-Define Mitigation Components 1 0 1 0 0 2 147 Task 5-Apply Mitigation Credits to Selected Proj. 1 2 12 4 6 25 1231 Task 6-Meetings wI City Staff 1 2 2 0 1 6 357 Task 7-Review New Drainage Studies 2 4 16 0 1 23 1356 Task 8-Master Plan Overview 4 2 16 8 2 32 1772 Task 9-Rate Evaluation 0 0 0 0 0 0 0 Total Labor 11 19 55 16 11 112 6245 EXPENSE Reprographics 125 PhonelFax 25 Mileage 25 TOTAL EXPENSE 175 TOT AL LABOR AND EXPENSE 6420 DYER, RIDDLE, MILLS & PRECOURT,INC. Total Total Principal Proj.Eng. Engineer Technician Secretary Man-Hours $/Task Per Task Hourly Rate($/Hour) $125.00 $100.00 $55.00 $46.00 $32.50 Task I-Project Start-up and Ordinance Review 0 3 7 0 0 10 685 Task 2-Data Col.lMeet wi SJRWMD 0 2 4 2 1 9 544.5 Task 3-Select Example Projects for Analysis 1 4 12 2 0 19 1277 Task 4-Define Mitigation Components 0 4 24 0 4 32 1850 Task 5-Apply Mitigation Credits to Selected Proj. 0 I 0 0 2 3 165 Task 6-Meetings wi City Staff 1 2 2 0 1 6 467.5 Task 7-Review New Drainage Studies 0 0 0 0 0 0 0 Task 8-Master Plan Overview 0 0 0 0 0 0 0 Task 9-Rate Evaluation 1 4 12 0 2 19 1250 Total Labor 3 20 61 4 10 98 6239 EXPENSE Reprographics 600 Phone/Fax 20 Mileage 25 TOTAL EXPENSE 645 TOTAL LABOR AND EXPENSE 6884 EXHIBIT B PROPOSED TIME SCHEDULE I City of Winter Springs Stormwater Utility Ordinance Review I November December I January ID Name Duration , Schoduled Stilrl 11/3 I 11/10 I 111 1 7 I 11/24 1211 I 12/8 I 12115 I 1 2/22 I 12/29 I 115 I 1/12 I 1/19 1 Projecllnitiation 3d t 1/4f96 8:00am Iilil ..::% I -.------.--..-.-..---- --.----.------ -----_._-,----- 2 Data Colloction , Sd 11171968:00am ~l ..--.--.-." .~. --.-----..------.----.;----- ._---~ ___n___.__ ._. _._ __.........__. _ _ 3 Examplo Ptoiects I 6d 11114/96 8:00am I i'.::;;,;',;:;;;;;;! I ----- .____.~__-.o.-____ ----.--.--.----.-. 4 Define Mitigation Components ! 8el 11/22/968:00am 1:.:-~:'.:q;~f~::~;.~iX~~:<~i4:J I --_._-~--- ---- -----...------ 5 Apply Mitigation Credits 5d .12l4/96 8:00am I{<",;';:>I -------. ~d- --.---- _._----~. --- 6 Mootin~s wilh City StMt 12111f96 8:00am f:;>>;~;.:-!(:I I ----.--.--. --_._- ----- -.-..-.--.--.----.-.--- 7 Revlow New Drainage Studies fjd 11122/96 8:00am - ______.O~.._ ________ 1--___....__ ._0______..-..--- ___ _._ 8 Master PJan Ovorview 5<1 12/2196 8:00am .. ~ 0-.-___----.---- ---- --_______ __h_ I j 9 Rala EV:llulltion 6d 1 2/9/96 a :OOam - I .' . i I I (1/ "- (1/ tJJ t;J c{ a. (0 r~ CD ~ (0 m CD r- lSl ~ o a. c(j ::: ~ Cl ::: o ~ "" LfI ~ (0 m I CD lSl I I-< U o Proj ect: O:lllj: 10!Af9fi Uill';,;,-,;"\'<:",,d;;):,::?::l ..... Critic.,1 Noncrilieaj ===.E_......== Progross ..---- j',iiiustorlU ~ Summar,! .. Roiieu Up <';- - 10/8/968:00am ~/ Attachment No. 2 NABORS, GIBLIN & NICKERSON, P.A. ATTORNEYS AT LAW BARNETT BANK BUILDING. SUITE BOO 31S SOUTH CALHOUN STREET TALLAHASSEE. FLORIDA 32301 SARAH M. BLEAKLEY WARREN S. BLOOM HARRY 1'. CHILES MAUREEN McCARTHY DAUGHTON VIRGINIA SAUNDERS DELEGAL KIMBERLY L. F"RANKLIN L. THOMAS GIBLIN MARK G. LAWSON STEVEN E. MILLER MARK T. MUSTIAN ROBERT L. NABORS GEORGE H. NICKERSON. JR. STEN T. SLIGER JOSEPH B. STANTON GREGORY T. STEWART JOHN R. STOKES WILLIAM D. TYLER MICHAEL L. WATKINS JEAN E. WILSON TELEPHONE (904. 224-4070 TE:LE:COPY (904) 224.4073 THE POINTE:. SUITE 1060 2502 ROCKY POINT DRIVE TAMPA. FLORIDA 33607 IBI3' 281-2222 TELECOPY (813' 281-0129 SIGNATURE: PLAZA. SUITE 1060 201 SOUTH ORANGE AVENUE ORLANDO. FLORIDA 32801 ("07) "26-7!59!5 TELECOPYI"07) "26-8022 May 15, 1996 Via Facsimile and Federal Express Frank C. Kruppenbacher City Attorney . City of Winter Springs 340 North Orange Avenue Orlando, Florida 32801 Re: Review of Stormwater Utility Structure Dear Frank: This letter will summarize the review by our Firm and Government Systems Group, L.C. ("GSG") of the .existing stormwater management program of the City of Winter Springs (the "City") and recommend revisions to the fee structure and ordinance. Duncan Rose, President of GSG, met with City Manager Ron McLemore and Public Works Director Kip Lockcuff at the end of April 1996 to review the rate structure of the. existing stormwater utility fee. Additionally, we have reviewed the allegations in the draft complaint for declaratory judgment submitted to you by Gary E. Massey and Ordinance No. 521 including the implementing rate resolutions dated September 28, 1992 (Resolution Nos. 686 and 687) . Although both GSG and our Firm feel that the existing stormwater utility fee structure is generally sound, our joint recommendation is that certain rate structure and ordinance revisions can be unilaterally implemented to enhance the fee's legal defensibility. Such revisions are of increasing importance because the City is embarking upon a stormwater utility capital program of approximately $1.1 million over the next five years. Our joint recommendations for rate structure and ordinance revisions include the following: Frank C. Kruppenbacher, Esquire May 15, 1996 Page 2 Rate Structure 1. An examination of the nature and function of the proposed capital improvements and their relationship to property within the City's three basins. is required to determine whether the anticipated capital projects are sufficiently uniform within the boundaries of the City to justify a uniform fee or whether a basin allocation approach is necessary. 2. The method of calculation of t~e mitigation credit is unclear and must be clarified as to both its application and method of calculation. 3. We see no reason to use an enterprise fund approach to the utility, with its depreciation requirements and its capital consumption orientation. Setting up the structure as a special revenue fund is much simpler and achieves the same II only for stormwaterll limitation intent without the attendant costs of administration and without creating confusion to staff and lay citizens of the proprietary fund approach. 4. We suggest the City consider creating two or three residential IIsub classes II or tiers to distinguish between smaller and larger single family parcels. This will become an increasingly significant issue when the City adopts a capital improvement fee, with its attendant higher rate. Ordinance Revisions 1. The language and provisions of the ordinance are unclear as to whether the nature of the charge is a fee or an assessment. Clarification will assist in defending any challenge to the validity of the stormwater charge. 2. Because of the uniform assessability of .most improved property to City water and sewer service, the fee concept is the most logical billing alternative. However, the enforcement mechanisms under the ordinance are unclear. Certain provisions provide for the recordation of a lien upon a delinquency. The use of a lien to collect delinquent charges embraces a special assessment concept because no forced sale of homestead property can occur II except for the payment of taxes and assessments thereon. ., II Art. X, ~ 4, Fla. Const. If this lien enforcement mechanism is retained, the charge can be structured to meet the legal sufficiency tests for both a valid fee and a special Frank C. Kruppenbacher, Esquire May IS, 1996 Page 3 assessment. However, the ordinance provisions should be clarified with appropriate legislative findings. 3. If the fee model remains the predominate billing mechanism, consideration should be given to structuring provisions for fee collection consistent with the "interlocking utilities" doctrine. This doctrine is based on a line of three cases1 which require utilities to be either financially or physically interlocked so that one utility service (e.g., water) can be "shut off" for non-payment of another utility services (e. g. , wastewater) . However, the court in Edris v. Sebrinq Utilities concluded that electric and water services were not so interlocked as-to permit the "shut off" of one for non-payment of the other. Because a stormwater utility and a water/sewer utility are generally not so "complementary" or "so interlocked that neither can be effective without the other" to permit cessation of service for non-payment, the City should consider providing for a priority application of proceeds from a combined utility fee billing. This processing system would first apply combined utility proceeds to stormwater, then to solid waste, and finally to water and sewer. Such a priority application of fee income, combined with a lien recordation, will collectively enhance enforceability. 4. Both the ordinance and the implementing rate resolution should take advantage of the court decisions which recognize the significance of the legislative findings in construing the validity of a fee and special assessment. For example, in Sarasota Count v v. Sarasota Church of Christ, 667 So.2d 180 (Fla. 1995), the Supreme Court recently clarified that "as to the existence of special benefits and as to the apportionment of the costs to those benefits should be upheld unless the determination is arbitrary." rd. at 1.84. If you, Mr. McLemore, and other members of the City staff desire to implement these rate structure and ordinance revisions, we suggest that GSG provide a proposal on a lump sum or hourly basis to implement the above stated recommendations. Under such an engagement, the revised ordinance and any implementing resolutions would be prepared by our Firm as subcontractor to GSG. 1 State v. City of Miami, 27 So.2d 118 (Fla. 1946) i Edris v. Sebrinq Utilities Comm'n, 237 So.2d 585 (Fla. 2d DCA 1970), cert. den'd, 240 So.2d 643 (Fla. 1970) i and Sebrinq Utilities Comm'n v. Home Savinqs Assoc. of Fla., .508 So. 2d 26 (Fla. 2d DCA 1987) . Frank C. Kruppenbacher, Esquire May IS, 1996 Page 4 If you have any questions, or desire any further information, please feel free to call me at any time. Thank you for your consideration of our Firm. I look forward to seeing you in the near future. Very truly yours, ru7.~ Robert L. Nabors RLNjadg cc: Ronald McLemore, City Manager Kip Lockcuff, Public Works Director OCT 17 '96 04:14PM KRUPPENBRCHER & RSSC Attachment No. 3 P.2/2 ,.' ~ Law Offices KRUPPENBACHER & ASSOCIATES A Professional Association Frank Kruppenbacher 340 North Orange Avenue P.O. Box 3471 Orlando. Florida 32802.3471 Telephone (407) 246-0200 Facsimile (407) 426.7767 MEMORANDUM TO: Kip Lockcuff FROM: Frank Kruppenbacher DATE: October 17, 1996 RE: Seminole County/City of Winter Springs. Interlocal Utility Construction Agreement Per our discussion, the above. referenced agreement should be approved with the following changes: 1. Section 1 q. Purpose. Please add, "The City shall onlv be liable to pay that. . . " 2. Section 7. Liability. Please add the following sentence at the end of Section 7: Nothing herein shall be construed as waiving the City's sovereign immunity pursuant to Federal and/or Florida law, nor shall it be construed as waiving the liability of any contractor or third party to the City or County. By copy of this memo, I am a.cIvising Susan Dietrich, Assistant County Attorney for Seminole County of the changes we are making. Should you have any questions, please call me. cc: Ron McLemore Susan E. Dietrich, Esq. Assistant County Attorney for Seminole County