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HomeMy WebLinkAboutAgreement_General_3/14/2024_CRS Max Consultants Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org v To: Jeremy Allen, Village Manager From: Wayne Cameron, Building Director Date: March 15t, 2024 Subject: Agreement for CRS consultant services The following agenda item is an agreement with CRS Max Consultants to provide professional consulting services related to the Village's Community Rating System rating under the National Flood Insurance Program. CRS Max will assist the Village in its efforts to achieve a higher CRS rating by improving the classification level to a 5 from its present rating of 6. This enhancement would give our residents 25% insurance discounts. The total cost of services is not to exceed $6,500.00 within a year, to be paid on a quarterly basis in the amount of$1,625.00. This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 VILLAGE OF TEQUESTA AGREEMENT FOR CRS CONSULTANT SERVICES THIS AGREEMENT FOR CRS CONSULTANT SERVICES is entered into and effective this day of March, 2024 (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 CRS MAX CONSULTANTS,INC., a Florida Corporation with offices located at 3331 N.W. 7111 Street, Coconut Creek, FL 33073, 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: X. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall provide professional consulting services related to the Village's CRS rating under the National Flood Insurance Program in order to maximize potential reductions in flood insurance premiums for Village property owners. The Parties agree to enter into this Agreement pursuant to the Contractor's February 9,2024 Proposal ("Proposal"),which is hereby fully incorporated into this Agreement and attached hereto as Exhibit"A" 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the fee schedule included in Exhibit"A".In consideration for the above Scope of Services, and pursuant to Exhibit "A", the Village shall pay the Contractor a total amount not to exceed Six Thousand, Five Hundred Dollars ($6,500.00) on a quarterly basis in the amount of One Thousand, Six Hundred Twenty Five Dollars($1,625.00). 3. TERM; TERMINATION;NOTICE: This Agreement shall be for a term of 12 months and shall commence upon the Parties' full execution of this Agreement. Either party may terminate this Agreement for convenience upon seven (7) 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: Pagel of 6 Village Contractor Village of Tequesta CRS Max Consultants, Inc. 345 Tequesta Drive 3331 N.W. 711,Street Tequesta, FL 33469 Coconut Creek,FL 33073 Attn: Building Official Attn: Cathy L.King,President 4. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as deemed sufficient by the Village and shall name the Village as an"additional insured"on the liability portion of the insurance policy. 5. INDEMNIFICATION: 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 Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the 'Tillage to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28,Florida Statutes. 6. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement 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. 7. 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 agree that this Agreement 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. 8. INSPECTOR GENERAL: Pursuant to Article XII of the Pahn 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 Page 2 of 6 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. 9. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 10. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement 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. 11. CHOICE OF LAW; VENUE: This Agreement 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 Agreement. 12. AMENDMENTS AND ASSIGNMENTS: This Agreement,all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing,agreed to by both Parties,and attached hereto as an addendum to this Agreement.The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. 13. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes,the Contractor must beep and maintain this Agreement 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 Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes, Further, the Contractor shall ensure that any exempt or confidential records Page 3 of 6 associated with this Agreement or associated with the provision of services contemplated herein are not disclosed except as authorized by law for the duration of the Agreement term,and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, 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 Agreement, 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 Agreement, 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 1mcwi111amsr'aje uesta.or , OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 14. E-VERIFY EL1Qjjj j ITY.•, 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 arc 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 Page 4 of 6 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 $1 M, 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 $IM, 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 farther 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 Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. Page 5 of 6 17. SEVERAEILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement 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 Agreement 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 AGREEMENT: This five (5) page Agreement constitutes the entire agreement between the parties- no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: CRS MAX CONSULTANTS, INC. TYvif s— By: Cathy L.long,Pies Y ent -/ I / _t (Corporate Seal) VILLAGE OF TE+QUESTA & A A -,VYVW/ ,,A, ATTEST: :",,,Q"� 40,,, remy Allen, ill ge Manager Q. Of q G% Lori McWilliams,MMC _ SEA Village Clerk INCORPORATED.: 4 �r 0 ,,.' Page 6 of 6 EXHIBIT A CONSt'E.'I'ANTS. INC, 77te experts in GRS r111,e improv.-ment VILLAGE OF TE+QUESTA AGREEMENT FOR FY 2024-2025 CRS CONTINUING CONSULTANT SERVICES I. BACKGROUND Village of Tequesta (Village) has requested that CRS Max Consultants, Inc. (Consultant) submit a proposal for CRS Continuing Consultant Services, enabling the Village to receive CRS assistance on a continuous basis for twelve months beginning with contract execution. The scope of this proposal is developed to respond to this request. The National Flood Insurance Program's (NFIP) Community Rating System (CRS) rewards communities that -exceed the minimum NFIP requirements to help their citizens prevent or reduce flood losses. Under the NFIP/CRS Program,flood insurance premiums in participating communities can potentially be reduced by up to 45%. As the result of the Village's Verification Visit in 2014, the Village earned a Class 7. CRS Max Consultants was pleased to be instrumental in this improvement from a Class 8. ll. SCOPE OF SERVICES CRS CONTINUING CONSULTANT SERVICES The followving services shall be included in CRS Continuing Consulting Services: • Review current CRS program • Assist staff with oversight of all activities pertaining to the Village's CRS program • Assist with production and collection of all documentation for annual CRS Recertification • Assist with Floodplain Management Plan annual progress report • Provide ongoing review of Construction Certificates as may be requested • Answer questions and provide guidance pertaining to CRS matters • Provide continuing assistance with all matters pertaining to CRS • Interface with ISO/CRS Specialist as required 3 3331 N.W. "iat Street 0 C"ncenut Creek, Florida 33073 i 954,421,7'794 9 crstnaxin%;@ bet lsuuth.nel Ill. TERM OF SERVICES The term of this Agreement will be for twelve months, beginning with the final execution of this contract. IV COMPENSATION The total cost for twelve (12) months of services will be$6,500. Payment for the services rendered will be made on a quarterly basis: $1,625 per quarter. CRS MAX CONSULTANTS, INC. f r By: Cathy P King, s e t .�..�- 2 PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement 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, 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, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement 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 Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, 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 Agreement, 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 Agreement, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images,graphics, text, audio,video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."