HomeMy Public PortalAbout161.3 - Executive Offices - City Attorney's Office - Procedure for the Creation of Contracts, Related Insurance Requirements and Other MattersExecutive Offices
City Attorney’s Office Section 161.3
Policies and Procedures Manual Page 1
161.3: Procedure for the creation of
contracts, related insurance requirements
and other matters
Objective:
To document and establish procedures for the creation and approval of all
City contracts/agreements (hereinafter referred to as contract(s)) and
associated insurance requirements.
Authority:
This policy amended by City Council November 13, 2023, Item A-01.
Direction:
The City Attorney’s Office establishes administrative policies and
procedures as concerns all contracts entered into by the City of Orlando.
Each department, division or office (hereinafter referred to as Office) is
responsible to ensure compliance with the policy when a written contract is
required by either party or whenever any property owned, leased, or
controlled by the City is used for any non-City purpose.
Functions:
1. Definitions
Chief Procurement Officer (CPO) is the person appointed to be the
chief contracting authority for the City pursuant to Chapter 7 of City
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Code who is responsible for the management administration and
supervision of the Procurement and Contracts Division.
Contracts for a Particular Purpose are drafted on an individual basis
and include, but are not limited to, purchasing contracts, demolition
contracts, purchase and sale of land agreements, construction
contracts, etc.
Covered Service Contractor is any individual, business entity,
corporation (whether for profit or not for profit), partnership, limited
liability company, joint venture, or similar business that is conducting
business in the Central Florida area and:
a. is paid in whole or in part from one (1) or more of the City’s
general fund, capital project funds, special revenue funds, or
any other funds; and
b. is a party to a contract with the City for the provision of covered
services to the City.
Covered Services, for purposes of the City’s Living Wage Policy, are
services purchased by the City through a contract or a purchase
order which involves City expenditures of over $100,000 per year and
which include:
food preparation and/or distribution; security services; routine
maintenance services related to public works projects, as well as
those services related to custodial, cleaning, painting, computers,
office equipment, refuse removal and recycling, repairs (including, but
not limited to mechanical, electrical, vehicular); clerical or other
nonsupervisory office work (whether temporary or permanent);
delivery and messenger services; transportation and parking
services; printing and reproduction services; landscaping, lawn,
and/or agricultural services; parks and public place maintenance;
entertainment; advertising services; communications; consulting
services; actuarial services; testing services; roadway and/or
construction related services.
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Form Contracts are contracts which are uniform in nature, approved
by the City Attorney’s Office, and used on a regular basis without
amendment of their original form, including, but not limited to, facility
use agreements, temporary employment contracts, employment
contracts, leases, and permits.
Generating Office is an Office which drafts contract(s) either for itself
or at the request of another Office.
Living Wage shall mean compensation for employment at the rate set
forth below in Section 6.
Requesting Office is one which has need of a contract and requests
that another City Office draft same.
2. Policy
Whenever the City wishes to enter into a contract with an entity
whether public or private, the following procedures will be used to
ensure the validity and legality of the contract. Contracts will be
divided into two types: 1) those for a particular purpose; and 2) form
contracts. No contract shall be considered a form contract unless it
has been reviewed, approved, and specifically designated as such by
the City Attorney’s Office.
3. Contracts for a Particular Purpose
In situations where contracts need to be drafted for a particular
purpose, the Requesting Office must contact the Generating Office at
the earliest possible time. For the purpose of this policy, the
Procurement and Contracts Division (Procurement Division), Orlando
Venues Department, Public Works Department and the City
Attorney’s Office are designated as generating Offices. The
requesting Office shall detail the general scope of services which the
contract is intended to provide.
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The Procurement Division, Orlando Venues Department, and Public
Works Department have the authority to draft and execute certain
contracts (including work orders and service authorizations) within the
limits established by Chapter 7 of the City Code and/or the City
Council.
All such contracts which do not require City Council approval and
which can be executed and awarded by the Generating Office shall
be maintained and stored by that Office.
In the event an Office requests that the City Attorney’s Office draft or
review a contract for a particular purpose, the Requesting Office must
contact the City Attorney’s Office at the earliest possible time to detail
the general scope of services which the contract is intended to
provide. The Requesting Office shall keep the City Attorney’s Office
informed of any negotiations.
Once the City Attorney’s Office has prepared a draft of the contract,
the Requesting Office will review it to ensure that the contract
properly reflects the negotiations and the intent of the parties. If the
contract requires no further changes, it shall be signed by the
contractor. If changes are required, it shall be returned to the City
Attorney’s Office for correction.
All Contracts created for a particular purpose, whether or not drafted
by the City Attorney’s Office, shall be reviewed by the City Attorney’s
Office for approval as to form and legality prior to execution by the
City.
4. Contracts for a Particular Purpose: Law Related Services
Whenever a need for law firm services is identified by a Requesting
Office, the Requesting Office shall submit proposals or contracts to
the City Attorney’s Office review before the law firm is engaged. Legal
services are procured, wherever applicable, in accordance with the
requirements of City Code. Legal services may be procured through
Bids, RFPs, and negotiated purchases based upon the specialty and
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expertise needed to successfully render the legal service. The City
Attorney and Deputy City Attorney have the authority to enter into
contracts and contract amendments with law firms and for other legal
services, up to the monetary limits established in Section 7.202 of the
City’s Procurement Code for contract actions by the Chief
Procurement Officer, as may be amended from time to time. Contract
and contract amendment amounts requiring the approval of the Chief
Financial Officer under Section 7.202 shall be approved by the City
Attorney prior to execution. The City Attorney’s Office shall approve
law firm agreements before they are submitted to City Council and
shall monitor the law firms utilized by the City by reviewing all
invoices for compliance with the terms of the agreement.
Each engagement with a law firm shall be formalized in a written
document, which may consist of any of the following: (1) engagement
letter presented by the law firm outlining the services to be provided,
fees and any other terms; (2) engagement letter to the law firm
written by the City Attorney’s Office, summarizing the fee and general
terms; or (3) a formal contract prepared by the City. Included in the
agreement shall be provisions for the type of service to be rendered,
the fee arrangement, the requirement to abide by City Policy &
Procedure 133.3, and the requirement for City Council to approve the
agreement if the contract or contract amount exceeds the approval
authority of the City Attorney set forth above. Any substantive
provisions which describe the work to be performed will be submitted
for review to any Requesting Office prior to execution of the
Agreement. Any changes to the hourly rate or fee arrangement shall
be documented as an addendum to the original agreement and will
be subject to approval by the City Attorney’s Office.
The City Attorney’s Office shall retain a copy of all law firm
agreements approved by City Council, with the original signed
agreement being housed with the City Clerk. The City Attorney’s
Office shall keep signed original agreements for all other law firm
engagements. The City Attorney’s Office shall maintain a
documentation system which indicates the type of agreement, the law
firm being utilized, the using department, the internal attorney
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managing the agreement, and the term of the agreement. A copy of
the agreement will be forwarded to any Requesting Office for their
files.
Normally, the written agreement will be signed by the City Attorney or
designee prior to the commencement of the legal service. Upon
approval of the City Attorney, the City may, however, engage a law
firm without an approved and executed written agreement, if
necessary to prevent prejudicing the City (for example, in meeting an
impending litigation deadline). In such instance, a written agreement
will be executed as soon as reasonably feasible. Each Requesting
Office shall note when an agreement is to expire and shall finalize the
project or, at least 30 days prior to the expiration of the original
agreement, request that the City Attorney’s Office extend the
agreement.
Each Requesting Office and the City Attorney’s Office shall monitor
the law firm invoices to ensure that totals paid are limited to the
maximum authorized amounts as set forth in the written agreement.
Prior to the payment of any law firm invoices, the invoice shall be
forwarded for review to the internal attorney assigned to that
engagement and to any Requesting Office. The attorney assigned
shall review the law firm invoice and if acceptable, shall sign, date
and indicate “OK to pay” on the reviewed invoice. In reviewing the
invoice, the assigned attorney and any Requesting Office shall review
the invoice for the correct hourly rate and work billed.
5. Form Contracts
If a form contract is used which requires approval by City Council, the
Requesting Office should fill out the appropriate form(s) and return
the document to the City Attorney’s Office before sending it to the
City Clerk’s Office for processing and presentation to City Council.
Form contracts which have been previously approved by the City
Attorney’s Office may not be amended by individuals, Departments,
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Divisions, or Offices without the prior approval of the City Attorney’s
Office.
If a form contract is used which does not require City Council
approval, it need not be reviewed by the City Attorney’s Office prior to
execution by the parties so long as the form is not altered or
amended in any way.
All form contracts which require City Council approval shall be
reviewed by the City Attorney’s Office for approval as to form and
legality after execution by the contractor and prior to execution by the
Requesting Office.
6. Living Wages
All contracts for covered services, whether created for a particular
purpose or a form contract, shall include a provision requiring all
covered service contractors, as well as their subcontractors (and
subcontractors at all tiers for construction contracts managed by the
Capital Improvements Infrastructure Development Division (CIID) of
the Public Works Department) to pay to all of their employees
providing services pursuant to a contract with the City, a living wage
for that time spent providing covered services to the City. Such
provision shall also require that necessary payroll documentation be
provided to confirm compliance with this provision or that the service
contractor allow the City to audit its payroll records to determine if
compliance has been achieved. The Contractor shall post a copy of
the Living Wage Policy set forth in the Solicitation on the Project site.
Additionally, the Living Wage contract provision shall provide that
failure to comply may result in termination of the contract and/or
preclusion or debarment from future City contracts, pursuant to Article
IX, Chapter 7 of the Orlando City Code.
The Living Wage rate of $13.00 per hour shall apply to solicitations
issued by the City after January 1, 2020. The Living Wage rate will be
increased to $14.00 per hour in solicitations issued by the City after
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January 1, 2021 and shall be increased to $15.00 per hour in
solicitations issued by the City after January 1, 2022.
7. Approval and Execution
Except as enumerated in this policy, City Code, or as otherwise
directed by City Council, all contracts and signed agreements entered
into by the City must be individually approved by City Council prior to
execution.
The following City Officials have the authority to approve and execute
Contracts for a Particular Purpose or Form Contracts, provided that
such contracts do not constitute grant agreements covered by P & P
2320.1, within the below-described limitations. Unless otherwise
exempt by City Code or policies and procedures, procurements of
goods and services listed below shall follow applicable procurement
requirements. Except as otherwise provided in applicable policies and
procedures, procurements of goods and services that do not lend
themselves to a formal written contract will require a purchase order,
pro-card, direct payment or other authorized method for payment:
a. Procurement – The CPO, or designee, has the authority to
approve and enter into contractual agreements as specified in
Chapter 7 of the Code of the City of Orlando and contracts
regarding art services. The CPO has the authority to approve
and enter into contractual agreements on behalf of the
Downtown Development Board and Community
Redevelopment Agency up to $10,000.00 and the limits of
Chapter 7, respectively, as specified in Downtown Development
Board policies codified as Policies and Procedures 1250.1 and
Community Redevelopment Agency Policies codified as
Policies and Procedures 1240.1. Notwithstanding any authority
provisions as set forth below, any contractual agreement with
an individual, sole proprietor, or single member LLC, for the
provision of services must have the written approval of the
CPO.
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b. Employment – The Human Resources Division Manager or
designee has the authority to execute employment contracts for
Temporary Employees. The Human Resources Division
Manager has authority to execute any internship agreement
requested by a college, school, or University after review by the
City Attorney’s Office.
c. Orlando Venues Department
i. The Orlando Venues Director, or designee, has the
authority to execute contracts and agreements for the
following:
1. Contracts for the repair, maintenance, and
replacement of concessionaire equipment in an
amount not to exceed $5,000.00;
2. Contracts with suppliers who wish to donate the use
of certain equipment or supplies in return for the
placement of advertising on said equipment or
supplies; and
3. Facility use agreements for Orlando Venues
Department Facilities in accordance with Policies
and Procedures 1221.1.
4. Written promotional contracts with agents or
entertainers to present shows in department
venues. This authority is limited by the annual
budgetary limitations set by City Council for
promotions.
5. Advertising and marketing services in an amount
not to exceed $2,500.00 per each advertisement or
transaction. This authority is limited by the annual
budgetary limitations set by City Council for
advertising and marketing services.
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ii. The Leu Gardens Executive Director may execute facility
use agreements (including form polling place
agreements) for Leu Gardens’ facilities and agreements
to purchase items for resale at Leu Gardens provided the
contractual amount does not exceed $2,500.00.
iii. The Leu Gardens Executive Director and the Mennello
Museum Director and their designees shall have the
authority to execute agreements in order to borrow art
works for exhibition in City facilities.
iv. The Leu Gardens Executive Director may execute
agreements for educational, instructional, recreational or
entertainment programs within budgeted amounts up to
$5,000.00.
d. Families, Parks & Recreation Department
i. The Director and Division Managers, or their designees
have the authority to execute standard form facility use
agreements and form polling place agreements for
properties under their control.
ii. The Director shall have authority to execute agreements
for educational, instructional, recreational or
entertainment programs within budgeted amounts up to
$10,000.00.
e. Police Department
i. The Police Chief or designee has the authority to execute
contracts for the purchase of canines and horses for
police operations within budgeted amounts not to exceed
$25,000 per animal.
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ii. The Chief has the authority to execute contracts with
FDLE for expense reimbursement of officers who teach at
FDLE- sponsored seminars.
iii. The Chief or designee has the authority to execute use
agreements for the use of OPD facilities, materials, or
equipment for law enforcement purposes.
iv. The Chief or designee has the authority to enter into
agreements with other governmental entities for the
purpose of assigning OPD personnel to specific law
enforcement operations, and obtaining reimbursement, if
appropriate, for these services.
v. The Chief or designee has the authority to enter into
asset sharing agreements with federal and state law
enforcement agencies.
vi. The Chief has the authority to execute hold harmless
agreements for the use of property and/or equipment
needed for training purposes.
vii. The Chief has the authority to execute standard mutual
aid agreements with other governmental entities, provided
the City Attorney’s Office has reviewed and approved the
form.
f. Mayor
i. The Mayor has the authority to execute any applications,
contracts or agreements required by the State of Florida
or the Federal Government or other governmental entity.
in order to obtain funding or reimbursement.
g. Fire Department
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i. The Chief has the authority to execute hold harmless
agreements for the use of property and/or equipment
needed for training purposes. The Chief or designee has
authority to execute form polling place agreements for
properties under OFD control.
ii. The Chief has the authority to execute standard mutual
aid agreements with other governmental entities, provided
the City Attorney’s Office has reviewed and approved the
form.
h. Public Works Department
i. The Director or designee has the authority to execute
Florida Department of Environmental Protection (FDEP)
and U.S. Environmental Protection Agency (EPA)
operating permit applications and Industrial Pre-
Treatment Program permits necessary for the operation
of the City's wastewater systems. In addition, the Director
or designee has the authority to execute Florida Water
Management permit applications and FDEP and EPA
environmental permits.
ii. The Director, the City Traffic Operations Engineer and the
City Transportation Engineer each have the authority to
approve and execute traffic control cabinet artwork
agreements, including, though not exclusively,
agreements with the Florida Department of
Transportation, to allow artwork on traffic signal cabinets
and equipment, subject to review and approval by the City
Attorney’s Office.
iii. The Director or designee has the authority to execute
Florida Department of Transportation and Central Florida
Expressway Authority (and any other governmental entity)
utility permits and applications for utility permits, subject
to review and approval by the City Attorney’s Office.
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iv. The Director or designee has the authority to execute
right of way encroachment agreements, subject to review
and approval by the City Attorney’s Office, that are
terminable for any reason upon thirty (30) days notice and
relate to minor encroachments such as fences, retaining
walls, drainage systems that exclusively serve the
abutting property, and other minor structures in the public
right of way adjacent to such property, unless the Director
determines that the proposed encroachment is of a nature
or type that approval of the encroachment would
significantly impact the City’s usage of the public right -of-
way.
i. Real Estate Manager
i. The Real Estate Division Manager or designee has the
authority to execute standard form facility use
agreements, form polling place agreements, estoppel
certificates, permit applications, utility right of way entry
agreements and form short term licenses for City property
managed by the Real Estate Manager, provided the City
Attorney’s Office has reviewed and approved the form.
ii. The Real Estate Division Manager or designee also shall
have authority to execute form trespass warnings, Notices
of Commencement, and demolition permits on behalf of
the City, as well as other documents as outlined in City
Policy & Procedure 433.1.
j. It is the policy of the City that all goods and services procured
with respect to employee service or achievement awards and
any entertainment and events related to employee appreciation
shall be procured by the Procurement Division. Up to
authorized limits, the CPO shall have the authority to delegate
the procurement of any such items to the Chief Administrative
Officer.
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k. Office of Community Affairs – The Director has the authority to
execute contracts or agreements for entertainment programs
and events within budgeted amounts up to $10,000.00.
l. Office of Communications and Neighborhood Relations
i. The Director has the authority to execute contracts or
agreements for entertainment programs and events within
budgeted amounts up to $10,000.00.
ii. The Director has the authority to approve the use of the
City logo, flags, trademarks, visual and electronic assets,
and execute related releases for non-commercial
purposes. For commercial purposes, the request would
require the approval of the Chief Administrative Officer or
Chief of Staff. The permanent transfer of the rights to use
any of these assets or the execution of copyright or
trademark licenses requires City Council approval.
m. Downtown Development Board – Pursuant to policy enacted by
the Downtown Development Board on March 26, 2008 and
codified as Policies and Procedures 1250.1, the Executive
Director has the authority to approve and execute contracts for
entertainment in conjunction with downtown special events,
farmer’s market vendor agreements, printing or purchase of
print marketing materials and photographs for the marketing of
Downtown Orlando, and feasibility studies related to the uses
within the downtown development area within budgeted
amounts not to exceed $10,000.00 per contract.
n. Community Redevelopment Agency – Pursuant to policy
enacted by the Community Redevelopment Agency on April 21,
2008, and codified as Policies and Procedures 1240.1, the
Executive Director has the authority to approve and execute
contracts for the repair and maintenance of downtown
streetscape (including landscape) and Community
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Redevelopment Agency infrastructure items, assets and
property, and for the performance of feasibility studies related
to uses within the Community Redevelopment Area, within
budgeted amounts not to exceed $10,000.00 per contract. The
Executive Director has the authority to approve and execute
facade grant funding agreements on behalf of the Community
Redevelopment Agency in the amount of $5,000 or less under
the Downtown Facade and Building Stabilization Program.
o. Economic Development Department – The Director or designee
has the authority to execute an Agreement to Establish
Permitting Services Account, in the form approved by the City
of Orlando City Council at its April 16, 2018 meeting.
p. Office of Multicultural Affairs – The Manager has the authority
to execute contracts or agreements for entertainment programs
and events within budgeted amounts up to $10,000.00.
q. Office of the City Clerk – The City Clerk or designee shall have
the authority to execute standard form facility use agreements
for City Hall and City Commons Plaza and form polling place
agreements for general and special municipal elections.
r. Human Resources Director – The Human Resources Director
or Chief Negotiator shall have the authority to execute
settlement agreements for the resolution of grievances or
arbitrations provided the settlement has been approved by the
Director or Head of the affected Department or Office and by
the City Attorney’s Office.
8. Routing
If the contract requires City Council action, it shall be routed to the
City Clerk’s Office by the Requesting Office. Agenda item routing and
approval procedures, including any contract numbering requirements,
shall be posted on the City Clerk’s intranet website. The Agenda Item
should contain or be accompanied by all documentation reasonably
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necessary for consideration by City Council, or if any such
documentation is unable to be attached to the item or filed with City
Clerk due to size restrictions or other reasons, the Agenda Item
summary should state the location where such documentation may
be viewed. The City Clerk's Office will process the documents, place
them on City Council Agenda for action, file the documents and
maintain the public record, as appropriate. Subsequent change
orders to and amendments of contracts on file with the City Clerk
which do not require City Council action shall be maintained as public
records by the City office executing or approving such change orders
and amendments.
Prior to execution by the non-City party:
a. Contracts which deal with the purchase, sale, or transfer of
land, with the exception of cemetery spaces, shall be sent to
the Real Estate Division Manager, Finance Department, by the
Generating Office.
b. Contracts which are revenue generating shall be sent to
Internal Audit and the Finance Department by the Generating
Office.
9. Certificate of Insurance
Whenever required by the terms of a contract or when any party uses
any City facility or performs services on any property owned or leased
by the City of Orlando, (other than routine deliveries), a Certificate of
Insurance shall be filed with the City, (i.e., Generating Office) unless
specifically exempted by this policy. If required by the contracting City
Office, forms supplied by the City shall be filled out by the contracting
party’s insurance company.
10. Insurance Requirements
Attachment A to this procedure, titled "Insurance Requirements for
Specifications," prescribes the various types of insurance
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requirements and the required amounts of coverage. These
insurance requirements shall be included in Invitations to Bid, facility
use agreements, lease permits, or other procurement forms or
contracts as applicable. These requirements may be waived or
altered upon review and approval of the City Attorney’s Office or the
City’s Risk Manager.
The insurance requirement shall be waived by the Chief
Administrative Officer if the activity proposed by the applicant
involves (1) expressive speech protected by the First Amendment to
the United States Constitution, (2) will occur in a public forum, (3)
does not include liability or property damage risk factors beyond
those typically associated with the ordinary public use of the property,
(4) the insurance requirement would be so financially burdensome
that it would preclude the applicant from exercising First Amendment
rights, and (5) adequate alternate channels of expression are not
available. Within seven (7) days of a request, the Chief Administrative
Officer shall render a written decision on whether the insurance
requirement shall be waived and shall set forth the reasons for the
decision. Applicants wishing to appeal the decision of the Chief
Administrative Officer may file a request for immediate judicial review
with a court of competent jurisdiction or, in the alternative, may file an
appeal to City Council within five (5) days after receipt of the notice of
denial by filing a written notice with the Chief Administrative Officer,
with a copy to the City Clerk, and such appeal shall be considered at
the next regularly scheduled City Council meeting. Applicants wishing
to appeal the decision of City Council may file a request for
immediate judicial review with a court of competent jurisdiction.
11. Responsibility of Implementation
If a contract for a particular purpose is generated by the Procurement
and Contracts Division, the City Attorney’s Office, Orlando Venues
Department, or Public Works, it shall be the duty of that Generating
Office to inform the contracting party that insurance is required before
any work is performed. The contracting party will be responsible to
expedite and obtain the necessary Insurance Certificate.
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The Generating Office shall include in the body of the purchase order,
facility use agreement, lease permit, Invitation to Bid, or other
procurement form or contract an appropriate statement calling
attention to the non-City party the fact that an Insurance Certificate
must be filed with the City within the limits set in Attachment A.
Each Office shall designate an individual who shall act as a
Compliance Officer to ensure that the certificates of insurance are
provided, are correct, and contain the insurance coverage which is
required by the City. If the Compliance Officer is unable to determine
the validity of a certificate, the attorney designated for that
Department shall be contacted for assistance.
In all instances, regardless of which Office initiates a contract, the
Requesting Office shall ensure that a certificate of insurance is
provided.
12. Failure of Contracting Party to File
If the contractor-vendor or non-City contracting party fails or refuses
to file the necessary Insurance Certificate within fifteen (15) calendar
days of award (unless otherwise specified in the contract), the
contractor, vendor, or other contracting party shall be considered in
default and the contract or purchase order may be cancelled without
further notice if the contractor, user or vendor fails to so comply.
This provision may be waived or altered only upon review and
approval of the City Attorney’s Office or the City’s Risk Manager.
13. Hold Harmless Provision
In addition to the insurance requirements specified herein, a Hold
Harmless Provision will be required for service contracts and for the
use of special facilities.
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This provision may be waived or altered only upon review and
approval of the City Attorney’s Office or the City’s Risk Manager.
Forms:
None.
Committee Responsibilities:
None.
Reference:
Chapter 2 of the City Code. Procedure adopted by City Council February 6,
1989, Item 7, A-17; amended June 21, 1993, Item 2-P; amended October
19, 1998, Item 4-EE; amended January 25, 1999, Item 3-O; amended April
3, 2000, Item 2-PPP, amended August 13, 2001: amended September 9,
2002, Item B-31; amended July 28, 2003, Item A-4, amended August 25,
2003, Item A-16; amended June 21, 2004, Item New Business #3;
amended August 29, 2005, Item A-2; amended February 13, 2006, Item
A5; amended October 16, 2006, Item A-14; amended March 26, 2007, Item
A-6; amended September 10, 2007, Item A-5; amended September 8,
2008, Item A-16; amended February 23, 2009, Item A-11; amended
November 15, 2010, Item A-2; amended December 19, 2012, Item A-3;
amended December 12, 2016, Item A-3 ; amended December 10, 2018,
Item A-8; amended July 8, 2019, Item A-1, amended October 21, 2019,
Item A-6, amended by City Council March 30, 2020, Item A-6; amended by
City Council June 7, 2021, Item A-5; and amended November 13, 2023,
Item A-01.
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Date:
This policy effective November 13, 2023.
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Attachment A
Insurance Requirements for Specifications
1. Types of events and contracts requiring insurance
Type 1
1. Furnishing and installing equipment and maintenance and repair services, including,
but not limited to:
Office Equipment
Air Conditioners
Data Processing Equipment
Communications Equipment
Laboratory Equipment
Fire Alarm Systems
Security Alarm Systems
2. Lease Agreements (heavy equipment, etc.) with contractor's or City's operators
3. Moving Contractors (furniture, equipment, etc.)
4. Service Contracts, including but not limited to:
Lawn Maintenance
Janitorial Services
Exterminating Services
Type 2
1. Towing Service
2. Services requiring overnight storage of City vehicles at contractor's location
Type 3
1. Medical Testing/Medical Services and Facilities
Type 4
1. Security Guard Services
2. Construction and Renovation Projects
3. Contractor-type Assistance; i.e., plumbers, electricians, carpenters, painters
Type 5
1. Leases or use agreements for City facilities. Applications which assert a protected
status under the First Amendment shall be reviewed by the City Attorney’s Office
prior to the implementation of insurance requirements.
Type 6
1. Public Event Insurance; i.e., parades, festivals, fairs, etc., which are not protected by
the First Amendment. Applications which assert a protected status shall be reviewed
by the City Attorney’s Office prior to the implementation of insurance requirements.
Executive Offices
City Attorney’s Office Section 161.3
Policies and Procedures Manual Page 22
2. General insurance requirements
a. Insurance. Except as otherwise specified in a solicitation or contract, a contractor and
his subcontractors of any tier will be required at their own expense to maintain in effect
at all times during the performance of the work insurance coverages with limits not less
than those set forth in Section 3 below with insurers and under forms of policies
satisfactory to the City. It shall be the responsibility of the contractor to maintain
adequate insurance coverage and to assure that subcontractors are adequately insured
at all times. Failure of a contractor to maintain adequate coverage shall not relieve it of
any contractual responsibility or obligation.
The requirements specified herein as to types, limits, and City’s approval of insurance
coverage to be maintained by a contractor and its subcontractors are not intended to
and shall not in any manner limit or qualify the liabilities and obligations assumed by the
contractor and its subcontractors under a contract.
Any insurance carried by the City that may be applicable shall be deemed to be excess
insurance and the contractor’s insurance primary for all purposes despite any conflicting
provision in the contractor’s policies to the contrary.
b. Certificates of Insurance. At the time of execution of a contract and each subcontract,
but in any event prior to commencing work at the jobsite, and as a condition precedent
to the contractor’s and his subcontractors’ initiation of performance, the contractor and
its subcontractors shall furnish the City with certificates of insurance as evidence that
policies providing the required coverage and limits of insurance are in full force and
effect. The certificates shall provide that any company issuing an insurance policy for
the work under a contract shall provide not less than 30 days advance notice in writing
to the City prior to cancellation, termination, or material change of any policy of
insurance (except for notice of non- payment of premium for which not less than 10
days advance notice in writing shall be required). In addition, the contractor shall
immediately provide written notice to the City upon receipt of notice of cancellation of an
insurance policy or a decision to terminate an insurance policy. All certificates of
insurance shall clearly state that all applicable requirements have been satisfied,
including certification that the policies are of the “occurrence” type. Certificates of
insurance for a contractor and subcontractor-furnished insurance and notices of any
cancellations, terminations, or alterations of such policies shall be mailed to the City at
the addresses listed in the contract or if none, to the attention of the City’s Risk
Manager at City Hall.
c. Additional Insureds. All insurance coverages furnished under a contract except
Workers’ Compensation and Employers’ Liability shall include the City and its officers,
elected officials, and employees as additional insureds with respect to the activities of
the contractor and its subcontractors.
The City shall not by reason of their inclusion under these policies incur liability to the
insurance carrier for payment of premium for these policies.
Executive Offices
City Attorney’s Office Section 161.3
Policies and Procedures Manual Page 23
d. Waiver of Subrogation. The contractor and its subcontractors shall require their
insurance carriers, with respect to all insurance policies, to waive all rights of
subrogation against the City, its officers, elected officials, agents and employees and
against other contractors and subcontractors.
3. Coverage requirements for each type of event or contract:
For each of the following identified types, a contractor shall furnish the requesting
Department certificate(s) of insurance on the policies and renewals thereof which indicate
that insurance coverage has been obtained meeting the requirements of the contract.
Insurance requirements as listed herein may be increased, decreased, or modified should
the generating office, subsequent to review by the City Attorney’s Office or the City’s Risk
Manager, determine that the circumstances warrant the change.
a. Coverage for Types 1, 4, 6
1. Workers’ Compensation and Employer’s Liability. This insurance shall
protect the contractor against all claims under applicable state workmen’s
compensation laws. The contractor shall also be protected against claims for
injury, disease, or death of employees that, for any reason, may not fall within
the provisions of a workmen’s compensation law. This policy shall include an “all
states” or “other states” endorsement.
Exemption certificates shall be accepted if valid during the term of the contract,
but only for those eligible corporate officers pursuant to chapter 440 Florida
statutes. Proof of workers’ compensation coverage must still be provided for all
employees, sub-contractors not eligible for exemption.
The liability limits shall not be less than:
Workers’ compensation Statutory
Employer’s Liability $100,000 each occurrence
2. Comprehensive Automobile Liability. This insurance shall be written in
comprehensive form and shall protect the contractor and the additional insureds
against all claims for injuries to members of the public and damage to property
of others arising from the use of motor vehicle, and shall cover operation on or
off the site of all motor vehicles licensed for highway use, whether they are
owned, non- owned, or hired.
The liability limits shall not be less than:
Bodily injury and $1,000,000 combined single
Property damage limit each occurrence
Executive Offices
City Attorney’s Office Section 161.3
Policies and Procedures Manual Page 24
3. Commercial General Liability. This insurance shall be an “occurrence” type
policy (excluding automobile liability) written in comprehensive form and shall
protect the contractor and the additional insureds against all claims arising from
bodily injury, sickness, disease, or death of any person or damage to property of
the City or others arising out of any act or omission of the contractor or his
agents, employees, or subcontractors. This policy shall also include protection
against claims insured by usual bodily injury liability coverage, a “contractual
liability” endorsement to insure the contractual liability assumed by the
Contractor under its contract with the City, and “completed Operations and
Products Liability” coverage (to remain in force for 2 years after final payment
and subsequent to project completion).
If the contractor’s work, or work under its direction, requires blasting, explosive
conditions, or underground operations, the comprehensive general liability
coverage shall contain no exclusion relative to blasting, explosion, collapse of
structures, or damage to underground property.
The liability limits shall not be less than:
Bodily injury and $1,000,000 combined single
Property damage limit each occurrence
b. Type 2
1. Workers’ Compensation and Employer’s Liability. This insurance shall
protect the contractor against all claims under applicable state workmen’s
compensation laws. The contractor shall also be protected against claims for
injury, disease, or death of employees that, for any reason, may not fall within
the provisions of a workmen’s compensation law. This policy shall include an “all
states” or “other states” endorsement.
Exemption certificates shall be accepted if valid during the term of the contract,
but only for those eligible corporate officers pursuant to chapter 440 Florida
statutes. Proof of workers’ compensation coverage must still be provided for all
employees, sub-contractors not eligible for exemption.
The liability limits shall not be less than:
Workers’ compensation Statutory
Employer’s Liability $100,000 each occurrence
2. Comprehensive Automobile Liability. This insurance shall be written in
comprehensive form and shall protect the contractor and the additional insureds
against all claims for injuries to members of the public and damage to property
of others arising from the use of motor vehicle, and shall cover operation on or
Executive Offices
City Attorney’s Office Section 161.3
Policies and Procedures Manual Page 25
off the site of all motor vehicles licensed for highway use, whether they are
owned, non- owned, or hired.
The liability limits shall not be less than:
Bodily injury and $1,000,000 combined single
Property damage limit each occurrence
3. Commercial General Liability. This insurance shall be an “occurrence” type
policy (excluding automobile liability) written in comprehensive form and shall
protect the contractor and the additional insureds against all claims arising from
bodily injury, sickness, disease, or death of any person or damage to property of
the City or others arising out of any act or omission of the contractor or his
agents, employees, or subcontractors. This policy shall also include protection
against claims insured by usual bodily injury liability coverage, a “contractual
liability” endorsement to insure the contractual liability assumed by the
Contractor under its contract with the City, and “completed Operations and
Products Liability” coverage (to remain in force for 2 years after final payment
and subsequent to project completion).
If the contractor’s work, or work under its direction, requires blasting, explosive
conditions, or underground operations, the comprehensive general liability
coverage shall contain no exclusion relative to blasting, explosion, collapse of
structures, or damage to underground property.
The liability limits shall not be less than:
Bodily injury and $1,000,000 combined single
Property damage limit each occurrence
4. Garage Keepers Liability Insurance. Garage Liability Insurance in an amount
not less than $ 1,000,000 combined single limit per occurrence for bodily injury
and property damage endorsed to include:
i. Automobile Service Operations; and
ii. Garage keepers legal liability covering perils of fire and explosion, theft of
an entire vehicle, riot and civil commotion, vandalism and malicious
mischief.
c. Type 3
1. Workers’ Compensation and Employer’s Liability. This insurance shall
protect the contractor against all claims under applicable state workmen’s
compensation laws. The contractor shall also be protected against claims for
injury, disease, or death of employees that, for any reason, may not fall within
Executive Offices
City Attorney’s Office Section 161.3
Policies and Procedures Manual Page 26
the provisions of a workmen’s compensation law. This policy shall include an “all
states” or “other states” endorsement.
Exemption certificates shall be accepted if valid during the term of the contract,
but only for those eligible corporate officers pursuant to chapter 440 Florida
statutes. Proof of workers’ compensation coverage must still be provided for all
employees, sub-contractors not eligible for exemption.
The liability limits shall not be less than
Workers’ compensation Statutory
Employer’s Liability $100,000 each occurrence
2. Comprehensive Automobile Liability. This insurance shall be written in
comprehensive form and shall protect the contractor and the additional insureds
against all claims for injuries to members of the public and damage to property
of others arising from the use of motor vehicle, and shall cover operation on or
off the site of all motor vehicles licensed for highway use, whether they are
owned, non- owned, or hired.
The liability limits shall not be less than:
Bodily injury and $1,000,000 combined single
Property damage limit each occurrence
3. Commercial General Liability. This insurance shall be an “occurrence” type
policy (excluding automobile liability) written in comprehensive form and shall
protect the contractor and the additional insureds against all claims arising from
bodily injury, sickness, disease, or death of any person or damage to property of
the City or others arising out of any act or omission of the contractor or his
agents, employees, or subcontractors. This policy shall also include protection
against claims insured by usual bodily injury liability coverage, a “contractual
liability” endorsement to insure the contractual liability assumed by the
Contractor under its contract with the City, and “completed Operations and
Products Liability” coverage (to remain in force for 2 years after final payment
and subsequent to project completion).
If the contractor’s work, or work under its direction, requires blasting, explosive
conditions, or underground operations, the comprehensive general liability
coverage shall contain no exclusion relative to blasting, explosion, collapse of
structures, or damage to underground property.
The liability limits shall not be less than:
Bodily injury and $1,000,000 combined single
Property damage limit each occurrence
Executive Offices
City Attorney’s Office Section 161.3
Policies and Procedures Manual Page 27
4. Professional Liability/Malpractice Insurance. Proof of Medical Malpractice
insurance, in the amount of One Million Dollars ($1,000,000.00) for each claim.
d. Type 5
1. Public Liability Insurance. Public Liability Insurance, issued by a responsible
insurance company and in a form acceptable by the City, protecting and insuring
against all the foregoing with coverage limits as detailed in the attached outline
for the Families, Parks & Recreation Department and for the Orlando Venues
Department.
2. Automobile Liability Insurance. Automobile Liability coverage shall be in the
minimum amount of One Hundred Thousand Dollars ($100,000) per person/per
occurrence and property damage coverage as detailed in the attached outline
for the Families, Parks & Recreation Department and for the Orlando Venues
Department.
3. Workers’ Compensation Coverage. Full and complete Workers'
Compensation Coverage as required by State of Florida law.
All insurance policies required above shall be issued by companies authorized to do
business and licensed under the laws of the State of Florida.
All insurance companies used by a contractor must be acceptable to the City.
Executive Offices
City Attorney’s Office Section 161.3
Policies and Procedures Manual Page 28
Orlando Venues Department
Class 1 Class 2 Class 3
Non-profit Fund-raisers Plays Tractor Pulls
Lacrosse practices/games Musicals/Concerts (Bob Carr) Baseball
Rugby practices/games Expo Shows Concerts (Arena)
Events w/less than 500 participants Events w/500 or more participants Football
Weddings Races
Families, Parks and Recreation Department
Class 1 Class 2 Class 3
Card Games/Clubs Tot Lot programs Sports events
Instructional classes Adult Fitness Aquatic events
Non-mechanical Aerobics Karate
Basket weaving Ballroom dancing Gymnastics
Ceramics Dog shows Carnivals
Weddings Boat rental
Facility rentals
For Class I events, insurance is optional and is to be at the discretion of the
Office. The Office will consider the number of individuals involved in the event as
well as the nature of the activity.
For Class II events, a general liability insurance of One Hundred Thousand
Dollars ($100,000) is recommended which is to cover both property and general
liability.
For Class III events, the City will require a minimum of not less than Five
Hundred Thousand Dollars ($500,000) per person/per occurrence for bodily
injury to or death to one or more than one person and not less than One
Hundred Thousand Dollars ($100,000) per occurrence for property damage.
Automobile Liability coverage shall be in the minimum amount of One Hundred
Thousand Dollars ($100,000) per person/per occurrence and property damage
coverage of Fifty Thousand Dollars ($50,000) per occurrence.