HomeMy WebLinkAboutDocumentation_Regular_Tab 21_10/12/2023Agenda Item #21.
Regular Council
STAFF MEMO
Meeting: Regular Council - Oct 12 2023
Staff Contact: Keith Davis, Village Attorney Department: Legal
TITLE
Consider Approval of Agreement for Supplemental Building Department Plan Review Services with
Sunshine Building Inspection, LLC
SUMMARY:
The Village maintains full-time staff in the Building Department. Sunshine Building Inspection, LLC. will
be utilized on an "as-needed" basis and utilized on an hourly rate to maintain continuity of services.
Sunshine Building Inspection, LLC. was selected to provide this service as Mr. Rodriguez is familiar
with the Village of Tequesta and can help maintain the high level of service.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
BUDGET INFORMATION:
AMOUNT AVAILABLE EXPENDITURE AMOUNT:
BUDGET AMOUNT 50,000.00
50,000.00 TBD
FUNDING SOURCES: Building Department IS THIS A PIGGYBACK:
Yes N/A
DID YOU OBTAIN 3 QUOTES?
Yes N/A
COMMENTS/EXPLANATION ON SELECTION Agreement falls below competitive procurement
thresholds.
POTENTIAL MOTION / DIRECTION REQUESTED:
Approve the agreement for supplemental plan review services.
ATTACHMENTS:
Sunshine Building Inspection LLC 2023
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Agenda Item #21.
VILLAGE OF TEQUESTA
CONTRACT FOR PLAN REVIEW SERVICES
THIS CONTRACT FOR PLAN REVIEW SERVICES is entered into and
effective this ____ day of October 2023 (the “Effective Date”), by and between the VILLAGE
OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive,
Tequesta, Florida 33469-0273, organized and existing in accordance with the laws of the State of
Florida, hereinafter “the Village”; and SUNSHINE BUILDING INSPECTION LLC., a Florida
limited liability company with offices located at 110 West Palmetto Road, Lake Worth Beach,
Florida 33467, hereinafter “the Contractor” and collectively with the Village, “the Parties”.
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by both Parties, hereby agree as follows:
1.SCOPE OF SERVICES: The Parties hereby agree to enter into this Contract
whereby the Contractor shall provide an individual plans examiner licensed in all residential and
commercial disciplines (i.e., building, electrical, plumbing, and mechanical) pursuant to all
applicable statutory, licensing and Village code requirements. Services shall be rendered on an as
needed basis when requested by the Village. Services to be provided on an “as-needed” basis
when requested by the Village. No minimum amount of service is guaranteed by this
Agreement.
2.COMPENSATION:In consideration for the above Scope of Services, pricing
shall be fixed at Eighty-Five Dollars ($85.00) per hour for Plans Examiner services.
3.LICENSING, INSURANCE AND INDEMNIFICATION:The Contractor
shall provide proof of all current and required state, county and other applicable licensing. The
Contractor shall also provide proof of workman’s compensation insurance and liability insurance
in such amounts as are acceptable to the Village and shall name the Village as an “additional
insured” on the liability portion of the insurance policy. The Contractor shall at all times
indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and
against any claim, demand or cause of action of whatsoever kind or nature, arising out of error,
omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or
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Agenda Item #21.
employees in the performance of services under this Contract. Nothing contained in this
provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver
of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes.
4.PUBLIC ENTITIES CRIMES ACT:As provided in Sections 287.132-133,
Florida Statutes, by entering into this Contract or performing any work in furtherance hereof, the
Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six (36) months immediately
preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes.
5.TERM; TERMINATION; NOTICE:This Contract shall be for a term of one
year commencing on the Effective Date, and shall renew for additional annual one-year terms
until and unless either party terminates this Contract. This Contract may be terminated by either
party upon thirty (30) days written notice to the other party. Notice shall be considered sufficient
when sent by certified mail or hand delivered to the Parties during regular business hours at the
following addresses:
VillageContractor
Village of TequestaSunshine Building Inspection LLC
345 Tequesta Drive110 West Palmetto Road
Tequesta, FL 33469-0273Lake Worth Beach, Florida 33467
Attn: Village Building OfficialAttn: Jose Rodriguez, Manager
6.INDEPENDENT CONTRACTOR:It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agrees that this Contract is not a contract for employment and that no relationship
of employee–employer or principal–agent is or shall be created hereby, nor shall hereafter exist
by reason of the performance of the services herein provided.
7.ATTORNEY’S FEES:In the event a dispute arises concerning this Contract,
the prevailing party shall be awarded attorney’s fees, including fees on appeal.
8.FORCE MAJEURE: The Contractor shall not be considered in default by
reason of any failure in performance under this Contract if such failure arises out of causes
reasonably beyond the control of the Contractor or its subcontractors and without their fault or
negligence. Such causes include, but are not limited to: acts of God; acts of war; natural or
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Agenda Item #21.
public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual
weather conditions.
9.CHOICE OF LAW; VENUE:This Contract shall be governed and construed
in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Contract.
10.AMENDMENTS & ASSIGNMENTS:This Contract, all Exhibits attached
hereto, and required insurance certificates constitute the entire Contract between both parties; no
modifications shall be made to this Contract unless in writing, agreed to by both parties, and
attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the
provision of services called for in this Contract without prior written consent of the Village.
11.PUBLIC ENTITIES CRIMES ACT:As provided in Sections 287.132-133,
Florida Statutes, by entering into this Contract or performing any work in furtherance hereof, the
Contractor certifies that it, its affiliates, suppliers, and subcontractors who will perform
hereunder, have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within thirty-six (36) months immediately preceding the
date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes.
12.INSPECTOR GENERAL:Pursuant to Article XII of the Palm Beach County
Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters,
review and audit municipal contracts and other transactions, and make reports and
recommendations to municipal governing bodies based on such audits, reviews, or
investigations. All parties doing business with the Village shall fully cooperate with the inspector
general in the exercise of the inspector general’s functions, authority, and power. The inspector
general has the power to take sworn statements, require the production of records, and to audit,
monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists
of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement,
misconduct, and abuses.
13. PUBLIC RECORDS:In accordance with Sec. 119.0701, Florida Statutes, the
Contractor must keep and maintain this Contract and any other records associated therewith and
that are associated with the performance of the work described in the Proposal or Bid. Upon
request from the Village’s custodian of public records, the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
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Agenda Item #21.
reasonable time in accordance with access and cost requirements of Chapter 119, Florida
Statutes. A Contractor who fails to provide the public records to the Village, or fails to make
them available for inspection or copying, within a reasonable time may be subject to attorney’s
fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10,
Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records
associated with this Contract or associated with the performance of the work described in the
Proposal or Bid are not disclosed except as authorized by law for the duration of the Contract
term, and following completion of the Contract if the Contractor does not transfer the records to
the Village. Finally, upon completion of the Contract, the Contractor shall transfer, at no cost to
the Village, all public records in possession of the Contractor, or keep and maintain public
records required by the Village. If the Contractor transfers all public records to the Village upon
completion of the Contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the Contract, the Contractor
shall meet all applicable requirements for retaining public records. Records that are stored
electronically must be provided to the Village, upon request from the Village’s custodian of
public records, in a format that is compatible with the Village’s information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
lmcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
14. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is
in compliance with Section 448.095, Florida Statutes, as may be amended. The Contractor
shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the
employment eligibility of all newly hired workers; and (2) verify that all of the Contractor’s sub-
contractors performing the duties and obligations of this Contract are registered with and use the
E-Verify System to electronically verify the employment eligibility of all newly hired workers.
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The Contractor shall obtain from each of its sub-contractors an affidavit stating that the sub-
contractor does not employ, contract with, or subcontract with an Unauthorized Alien, as that
term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. The Contractor
shall maintain a copy of any such affidavit from a sub-contractor for, at a minimum, the duration
of the subcontract and any extension thereof. This provision shall not supersede any provision of
this Contract which requires a longer retention period. The Village shall terminate this Contract
in accordance with Section 5. above if it has a good faith belief that the Contractor has
knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If the Contractor
has a good faith belief that the Contractor’s sub-contractor has knowingly violated Section
448.09(1), Florida Statutes, as may be amended, the Village shall notify the Contractor to
terminate its contract with the sub-contractor and the Contractor shall immediately terminate its
contract with the sub-contractor. In the event of such contract termination, the Contractor shall
be liable for any additional costs incurred by the Village as a result of the termination.
15.SCRUTINIZED COMPANIES: For Contracts under $1M, the Contractor
certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Village
may terminate this Contract at the Village’s option in accordance with Section 5. above if the
Contractor is found to have submitted a false certification as provided under Section 287.135(5),
Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott
Israel List created pursuant to Section 215.4725, Florida Statutes, or if the Contractor is engaged
in a boycott of Israel. For Contracts over $1M, the Contractor certifies that it is not on the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List
created pursuant to Section 215.4725, Florida Statutes. The Contractor further certifies that it is
not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria,
as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this
Contract at the Village’s option in accordance with Section 5. above if the Contractor is found to
have submitted a false certification as provided under Section 287.135(5), Florida Statutes, or if
the Contractor has been placed on one of the aforementioned lists created pursuant to Section
215.4725, Florida Statutes . Additionally, the Village may terminate this Contract at the Village’s
option in accordance with Section 5. above if the Contractor is engaged in a boycott of Israel or
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Agenda Item #21.
has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida
Statutes.
16. HEADINGS: The headings contained in this Contract are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Contract.
17. SEVERABILITY: The invalidity or unenforceability of any provision of this
Contract shall not affect the validity or enforceability or any other provision of this Contract
and shall be construed and enforced in all respects as if the invalid or unenforceable
provision is not contained herein.
18. WAIVER: No waiver by the Village of any provision of this Contract shall be
deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or any other provision or the enforcement hereof. The Village’s
consent to or approval of any act requiring the Village’s consent or approval of any act by
the Contractor shall not be deemed to render unnecessary the obtaining of the Village’s
consent to or approval of any subsequent consent or approval of, whether or not similar to
the act so consented or approved.
19. ENTIRE CONTRACT: This seven (7) page Contract constitutes the entire
contract between the parties; no modification shall be made to this Contract unless such
modification is in writing, agreed to by both parties and attached hereto as an addendum to this
Contract.
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Agenda Item #21.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the
date and year first above written.
WITNESSES:SUNSHINE BUILDING INSPECTION LLC
______________________________ _______________________________________
By: Jose Rodriguez, Manager
______________________________(Corporate Seal)
VILLAGE OF TEQUESTA
_______________________________________
ATTEST:By: Molly Young, Mayor
______________________________(Seal)
Lori McWilliams, MMC
Village Clerk
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