Loading...
HomeMy WebLinkAboutAgreement_General_10/12/2023_Diversified Building Det VILLAGE OF TEQUESTA CONTRACT FOR BUILDING OFFICIAL SERVICES, BUILDING INSPECTION, AND PLAN REVIEW SERVICES THIS CONTRACT FOR BUILDING OFFICIAL SERVICES, BUILDING INSPECTION AND PLAN REVIEW SERVICES is entered into and effective this A day of October 2023 (the "Effective Date"), by and between the VILLAGE OF T E Q U E S TA, 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 DIVERSIFIED BUILDING DEPARTMENT MANAGEMENT CORP., a Florida corporation with offices located at 12800 U.S. Highway 1, Suite 280A Juno Beach, Florida 33408, 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 Building Official (including floodplain management and code enforcement supervision) services; an individual plans examiner licensed in all residential and commercial disciplines (i.e., building, electrical, plumbing, and mechanical) and an individual inspector licensed in all residential and commercial disciplines (i.e., building, electrical, plumbing, and mechanical) for inspection and plan review services; all pursuant to all applicable statutory, licensing and Village code requirements. Services shall be rendered on an as needed basis when requested by the Village. The Parties agree to enter into this pursuant to the Contractors Pricing Proposal, hereby fully incorporated into this Contract and attached hereto as Exhibit"A". 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be fixed at Ninety Dollars ($90.00) per hour for Building Official services, Eighty-Five Dollars ($85.00) per hour for the Individual Plans Examiner services, and Eighty Dollars ($80.00)per hour for Individual Inspector services pursuant to Exhibit"A". 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 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: Village Contractor Village of Tequesta Diversified Building Department Management Corp. 345 Tequesta Drive 12800 U.S. Highway 1, Suite 280A Tequesta,FL 33469-0273 Juno Beach,FL 33408 Attn: Village Building Official Attn: Buck Evans, President Page 2 of 7 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 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 Page 3 of 7 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 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 Page 4 of 7 TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT lmmilliams itteguesta.or2, 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. 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 Page 5 of 7 in a boycott of Israel. For Contracts over $1 M, 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 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. Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date and year first above written. WITNESSES: DIVERSIFIED BUTLDING DEPARTMENT MANAGEMENT CORP. h� $y; uek Evans,President �/"4b .t► t 1� M'm (Corporate SEMI) VILLAGE OF TEQUEST ATTEST: By:Melly Yo ,May O Epp , Lori McWWi,ams,MMC R Village Clerk` SEgL `y= INCORPORATED r I f I Page 7 of 7 L A- DIVERSIFIED BUILDING [DEPARTMENT MANAGEMENT QUOTE FORM Please provide a quote for the below listed services, sign and return to the Village of Tequesta at Ibritt@teguesta.org no later than October 1, 2023. DESCRIPTION FIXED HOURLY RATE Building Official Services including, but not $ 90.00 limited to, Floodplain Management and the supervision of Code Enforcement, etc. This quote is valid until September 30,2024. Individual Plans Examiner licensed in all $ 85.00 residential and commercial disciplines (i.e., building, electrical, plumbing and mechanical). This quote is valid until September 30, 2024. Individual Inspector licensed in all residential and $ 80.00 commercial disciplines (i.e., building, electrical, plumbing and mechanical). This quote is valid until September 30,2024. NAME: Buck Evans TITLE: President COMPANY: Diversified Building Department Management ADDRESS: 12800 US Hwy 1 Suite 280A CITY/STATE/ZIP: Juno Beach, FL 33408 TELEPHONE NO.: (561) 222-1800 EMAIL: buckevanscbo@gmail.com SIGNATURE: DATE: 10/01/2023 Page 1 of 1