HomeMy WebLinkAboutDocumentation_Regular_Tab 09_4/11/2024 Agenda Item #9.
Regular Council
STAFF MEMO
Meeting: Regular Council - Apr 11 2024
Staff Contact: Marjorie Craig, Utilities Director Department: Utilities
KrUwa
Consider Approval of Florida Technical Consultants (FTC) Piggyback Agreement on SMRU Contract
for Geographic Information System (GIS) Continuing Services
Ff . - w
The Utilities Department (UD) recommends approval of a piggyback agreement on a South Martin
Regional Utilities (SMRU) contract with Florida Technical Consultants (FTC) for GIS continuing
services. The existing GIS support services agreement with FTC expires in May 2024.
FTC has been our GIS consultant since 2015, and it is important to retain them to maintain, update,
and enhance our existing GIS system and provide general GIS and mapping support. We currently do
not have anyone in the UD who can perform these duties, which include not only geospatial data
input but QA/QC, platform maintenance, asbuilt application creation and maintenance, training, and
more at all levels.
UD uses the ArcGIS Online platform by ESRI to leverage "flat" data such as pipe and valve locations
with geospatial data to provide a mobile utilities atlas, manage assets, document pipe breaks, aid in
capital projects and decision-making, and more. GIS can also communicate information through
interactive maps and dashboards, urban planning, asset management, and more, and UD is working
towards that functionality.
This year, FTC has been updating the existing database, incorporating scanned water utility system
asbuilt data, correcting inaccurately uploaded data posted by past GIS practices, conducting training,
and assisting with the lead and copper service line identification required by the new federal LCRR
rule. The first phase of that rule is due by October 2024. The asbuilt initiative will provide a better
baseline for our GIS system, particularly in some areas. UD keeps a list of GIS project needs that we
prioritize based on budget, projects, and shifting priorities.
Piggyback contracts are a form of intergovernmental cooperative purchasing in which an entity is
extended the pricing and terms of a competitively awarded contract by another federal, state, or
municipal government, if accepted by the contracted vendor. When used correctly, piggyback
contracts can save Village time and resources and leverage spending through economies of scale.
To ensure the best value for the Village, UD recommends piggybacking the current South Martin
Regional Utilities/Town of Jupiter Island contract awarded to Florida Technical Consultants. This
contract was completed through a competitive selection process: Continuing Geographic Information
System Consulting Services (SMRU RFQ #2023-02).
If approved, the Village would accept the Florida Technical Consultant's pricing by piggybacking on
the South Martin Regional Utilities/Town of Jupiter Island contract, including all terms, conditions, and
Page 258 of 2231
Agenda Item #9.
pricing. The contract expires on February 22, 2027, with two (2) one-year renewal options for a total
of six (6) years, subject to both parties.
The budget for FY24 is $40,000 from the water fund and $5,000 from the stormwater fund. We will be
requesting $80,000 and $5,000, respectively, for next year's GIS services due to the requirements of
the federal LCRR rule, continued input of asbuilts, continued error corrections, maintenance of the
platform, mapping, vulnerability assessment data, training, and more.
During this fiscal year (FY24) so far:
• The water service line application was launched including training for the LCRR requirements
• The fire hydrant inspection application was initiated with training
• Utilities downloaded an asbuilt tracker for mobile devices, training was conducted, and the
application was actively used
• The GIS system software updates were conducted as needed
• New users were added and training was conducted
• Parcel updates were conducted
• Asbuilt scans were accepted
• Breaks and leaks layer of the system was updated
See summary of proposed FY25 GIS tasks required to help maintain UD sound operations:
• Asbuilt Tracker— Upload new asbuilts to the Asbuilt Polygon Layer created this
• year
• Asbuilt Data Updates — data updates are pending based on asbuilt information
• Fire Hydrant Inspection Application Maintenance — Modifications per staff Feedback,
• Archive FY24 maintenance, upload layer for FY25 maintenance
• Breaks and Leaks Application Maintenance - modifications required per utilities feedback
• Parcel updates for FY25 Year
• Map Update Points and Lines — review information from utilities department and update base
map
• Utility Layers, Push Updates to ArcGIS Online
• ArcGIS Online Support and Maintenance — ensure account is up to date as the industry
progresses and updates are made to software and security
• Training
• LCRR requirements
• Vulnerability assessment layer
• Load stormwater impervious layer and evaluate updates
Operating Account (Water Distribution Division)— Other Contractual Services
401-243-534.300 and operating account for the Stormwater Division under Other Contractual
Services 403-250-534.300.
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.
Page 259 of 2231
Agenda Item #9.
BUDGET • - •
BUDGET AMOUNT $45,000 AMOUNT AVAILABLE $5,160 EXPENDITURE AMOUNT:
TBD for FY25
FUNDING SOURCES: Water Fund Other IS THIS A PIGGYBACK:
Contractual Services 401-243-534.300 and 0 Yes ❑ N/A
Stormwater Fund Other Contractual Services
403-250-534.300.
DID YOU OBTAIN 3 QUOTES?
0 Yes ❑ N/A
QUOTE 1 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 2 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 3 - BUSINESS NAME N/A QUOTE AMOUNT N/A
COMMENTS/EXPLANATION ON SELECTION Piggyback on SMRU RFQ #2023-02
Teguesta FTC GIS Services Piggyback Agreement Executed 2024-04-01
Exhibit A
Page 260 of 2231
Agenda Item #9.
VILLAGE OF TEQUESTA
AGREEMENT FOR CONTINUING GEOGRAPHIC INFORMATION
SYSTEM CONSULTING SERVICES (GIS SUPPORT SERVICES)
THIS AGREEMENT for continuing geographic information system
consulting services (GIS Support Services) is entered into and effective this 1st day
of April , 2024, 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
FLORIDA TECHNICAL CONSULTANTS,LLC, a Florida corporation,with offices located at
533 East Ocean Avenue,Suite#2,Boynton Beach, Florida, 33435,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 Agreement
whereby the Contractor shall provide Geographic Information System (GIS) Support Services
to support the Village's GIS database. The Parties agree to enter into this Agreement and
piggyback for Continuing GIS Consulting Services at the hourly rates described in the
"Continuing Geographic Information System(GIS)Consulting Services"contract awarded by
the South Martin Regional Utility/Town of Jupiter Island RFQ 2023-02 and dated February
22, 2023. Said contract, including its terms, conditions, specifications, and attached exhibits,
are 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 hourly rates provided in "Attachment A Pricing Sheet" within Exhibit
"A".
3. TERM; TERMINATION; NOTICE: Pursuant to the "Continuing Geographic
Information Systems(GIS)Consulting Services"contract will expire on February 22nd,2027,with
the option of renewing for two (2) one-year renewal options for a total of six(6)years, subject to
the written consent and agreement by the Parties. This Agreement may be terminated by either
party upon 30 days written notice to the other party. Notice shall be considered sufficient when
Page 1 of 7
Page 261 of 2231
Agenda Item #9.
sent by certified mail or hand-delivered to the Parties during regular business hours at the following
addresses:
Village Contractor
Village of Tequesta Florida Technical Consultant, LLC
345 Tequesta Drive 533 East Ocean Avenue, Suite#2
Tequesta, FL 33469-0273 Boynton Beach, FL 33435
Attn: Marjorie G. Craig, PE Attn: James Barton, PE
Director,Utilities Department President
5. INSURANCE: The Contractor shall provide proof of workman's compensation
insurance and liability insurance in such amounts as are specified in Exhibit"A" and shall name
the Village as an"additional insured"on the liability portion of the insurance policy.
6. 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 Village to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28,Florida Statutes.
7. 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.
8. 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.
9. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm Beach
County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate
Page 2 of 7
Page 262 of 2231
Agenda Item #9.
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.
10. E-VERIFY ELIGIBILITY. The Contractor warrants and represents that it is in
compliance with Section 448.095,Florida Statutes, as may be amended.No later than January 1,
2021, 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 subconsultants performing the duties and obligations of this Agreement 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-consultants an affidavit
stating that the sub-consultant 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-consultant for, at a minimum,
the duration of the subcontract and any extension thereof. This provision shall not supersede any
provision of this Agreement which requires a longer retention period. The Village shall terminate
this Agreement 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 subconsultant 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-consultant
and the Contractor shall immediately terminate its contract with the sub-consultant. 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.
11. 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 Agreement at the Village's option if the Contractor is found to have submitted
Page 3 of 7
Page 263 of 2231
Agenda Item #9.
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 Contractor is engaged 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 Agreement at the Village's option 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 Agreement at
the Village's option 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.
12. 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.
13. 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.
14. 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.
15. AMENDMENTS & 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.
Page 4 of 7
Page 264 of 2231
Agenda Item #9.
16. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes,the
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 Scope of Services. 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 associated
with this Agreement or associated with the performance of the work described in Scope of Services
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 AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT
lmcwilliams(a,teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
Page 5 of 7
Page 265 of 2231
Agenda Item #9.
17. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Agreement.
18. SEVERABILITY: 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.
19. 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.
20. ENTIRE AGREEMENT: This seven page Agreement, including any Exhibits,
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 the event of a conflict between this and any other document,
this document shall prevail.
21. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf
of either Party warrants that he or she has the full legal power to execute this agreement on behalf
of the Party for whom he or she is signing and bind and obligate such party with respect to all
provisions contained in this agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Page 6 of 7
Page 266 of 2231
Agenda Item #9.
IN WITNESS WHEREOF,the parties hereto have exeeuted this Agreement on the
date and year first above written.
WITNESSES: FLORIDA TECICAL
CONSULTA S, ITC
f
By: J es Parton PE
Title: President
o% ti111 rjiri,���
(Corporate Sea F•••O
* ; No. 59257 '?
_ f ,
f
p ,, STATES.
Z ---DP.•��NNN��
/j/////I I ONAI l ENS```\
VILLAGE OF TEQUESTA
Digitally signed by Jeremy Allen
Jeremy A e n Date:2024.04.01 13:37:47-04'00'
By: Jeremy Allen, Village Manager
(Seal)
Page 7 of 7
Page 267 of 2231
Agenda Item #9. 1EXH1BIT A
AGREEMENT
FOR CONTINUING GEOGRAPHIC INFORMATION SYSTEM (GIS)
CONSULTING SERVICES
THIS AGREEMENT with an Effective Date, as defined below, by and between the Town
of Jupiter Island, ("Owner"), mailing address: 2 Bridge Road, Hobe Sound, FL 33455, and
Florida Technical Consultants, LLC, a Florida limited liability company, with a principal address
of 533 East Ocean Avenue, Suite #2, Boynton Beach, FL 33435 (hereinafter referred to as
"Contractor").
RECITALS
A. In response to SMRU RFQ 2023-02 (the "RFQ"), Contractor submitted a response
dated January 4, 2023 (the "RFQ Response") for Continuing Geographic Information System
Consulting Services ("Services"); and
B. Town has determined that Contractor's RFQ Response provides the best value to
Town, and Town wishes to enter into an agreement for Services with Contractor; and
D. Contractor agrees to perform the Services for Town under the terms and conditions
set forth in the RFQ,the RFQ Response and this agreement and the attached exhibits(collectively,
the "Agreement").
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
I. RECITALS
The foregoing recitals are true and are hereby made a part of this Agreement.
Contractor agrees to provide the Services to Owner in accordance with the terms of this
Agreement.
1. Term. The term of this Agreement commences on execution of this Agreement by Owner
(the "Effective Date") and continues for a term of four (4) years with two (2) one-year renewal
option for a total of six (6) years. Time is of the essence in the performance of this Agreement.
2. Compensation. The compensation rates and terms set forth in Exhibit A and attached to
this Agreement will be applicable during the term of this Agreement, as adjusted pursuant to the
terms of the Agreement.
3. Service Requests. The Services to be provided by Contractor include Continuing GIS
Services for Owner's South Martin Regional Utility (SMRU) distribution, collection, Water
Treatment, Wastewater Treatment and Reuse Facilities. The requested services include, but are
not limited to, the following:
ACTIVE 6849231770
Page 268 of 2231
Agenda Item #9.
• Update existing GIS desktop utility map and existing web-based utility map to include all
pertinent as-built information including manhole structure, pipeline, valve, water and
sanitary service line, water meter, backflow preventer, fire hydrant, lift station and well
data
• Update existing GIS utility map to include Martin County and Town of Jupiter Island
stormwater conveyance system in SMRU service area
• Provide hyperlinks to as-builts on desktop utility map
• Provide training to the respective SMRU personnel
• Special work orders for the development of GIS layers for various applications
A. No service requests under this Agreement are authorized upon execution of the
Agreement. The Owner shall initiate requests for service by providing Contractor with a written
service request(a"Service Request").
B. Each Service Request will set forth, among other things, the following:
i. The scope of service requested;
ii. The time and schedule of service;
iii. The method and amount of compensation as set forth in Section 3 above;
iv. Any modifications to this Agreement, if mutually agreed upon by the parties.
C. The services to be rendered by Contractor shall commence after the execution of
each Service Request. Contractor's work shall be performed, completed and submitted to Owner
as specified in the Service Request.
D. The terms and conditions of this Agreement shall be incorporated within and made
a part of each Service Request.
4. Invoices. Applications for payments under the Agreement shall be submitted to the
following:
Finance Director
South Martin Regional Utility/Town of Jupiter Island
P.O. Box 395
Hobe Sound, FL 33475
Notwithstanding any provision of the Contract Documents to the contrary, payment of each
Invoice will be made in accordance with the Local Government Prompt Payment Act, Section
218.70, et al., Florida Statutes, as amended, which provides for prompt payment, interest
payments, a dispute resolution provided detailed invoices are submitted in compliance with the
terms of this Agreement.
5. Notice. All notices and other communications required in connection with this Agreement
shall be in writing unless otherwise specified herein, and any notice or other communication
required hereunder shall be e-mailed and mailed to the address set forth below,and shall be deemed
delivered three (3) business days after the deposit of the mailed notice thereof in any main or
ACTIVE 6849231770
Page 269 of 2231
Agenda Item #9.
branch office of the United States Post Office,certified or registered mail,return receipt requested,
postage prepaid,properly addressed to the parties respectively as follows:
For notices and communications to Owner:
Town Manager
SMRU/Town of Jupiter Island
P.O. Box 395
Hobe Sound, FL 33475
Email: mventura@tji.martin.fl.us
For notices and communications to Contractor:
James Barton, P.E.
Florida Technical Consultants, LLC
522 East Ocean Avenue, Suite#2
Boynton Beach, FL 33444
Email:jbarton@fltechine.com
By notice complying with the foregoing requirements of this section, each party shall have the
right to change the address or addressee or both for all future notices and communications to such
party, but no notice of a change of address shall be effective until received.
6. Agreement Documents. Contractor agrees to complete all work in accordance with the
Agreement Documents. The term "Agreement Documents" shall include all the terms and
conditions and Work requirements contained in this Agreement, on Owner website(s), and the
following documents,all of which taken together are incorporated herein and form the Agreement
Documents. The Agreement constitutes the entire agreement between Contractor and Owner and
supersedes all prior verbal and written agreements, understandings, negotiations and discussions
between the parties hereto. The terms and conditions of the RFQ is incorporated herein and made
a part of this Agreement, together with the Owner's Contractor General Conditions. No verbal
agreement or conversation with any officer, agent or employee of Owner either before or after
execution of the Agreement shall affect or modify any of the terms or obligations contained in any
of the documents comprising said Agreement Documents. For convenience sake, all of the
Agreement Documents are not be attached to Agreement, but the indicated documents make up
the Agreement Documents and are incorporated into the Agreement, regardless of whether they
are attached.
7. Captions. The titles or captions contained in this Agreement are inserted only as a matter
of convenience and for reference, and such captions in no way define, limit, extend or describe the
scope of this Agreement or the intent of any provision hereof.
8. Severability. If any provision of this Agreement or the application thereof to any person
or circumstances shall be held by a court of competent jurisdiction to be invalid or unenforceable
to any extent, the remaining provisions of this Agreement and the validity, enforceability, and
application of such provisions to other persons or circumstances shall not be impaired thereby,but
such remaining provisions of this Agreement shall be interpreted, applied and enforced so as to
ACTIVE 6849231770
Page 270 of 2231
Agenda Item #9.
achieve, as near as may be, the purposes and intent of this Agreement to the greatest extent
permitted by applicable law.
9. Waiver. Unless otherwise specifically provided herein, no delay or failure to exercise a
right resulting from any breach of this Agreement shall impair such right or shall be construed to
be a waiver thereof, but such right may be exercised from time to time and as often as may be
deemed expedient. Any waiver shall be in writing and signed by the party granting such waiver.
In any representation,warranty, or covenant by the other party, such waiver shall be limited to the
breach so waived and shall not be deemed to waive any other breach under this Agreement.
10. Conflict of Interest. Contractor represents that it presently has no interest and shall acquire
no interest, either direct or indirect, which would conflict in any manner with the performance of
services required hereunder, as provided for in Section 112.311, Florida Statutes, and as may be
amended from time to time. Contractor further represents that no person having any interest shall
be employed for said performance.
11. Warranties and Representations. Contractor restates, and makes current to the date of this
Agreement,and incorporates in this Agreement,the warranties and representations in the Contract
Documents. Prior to performance of any work under this Agreement and as a condition precedent
to this Agreement, Contractor shall provide Owner a current Certificate of Corporate Principal, a
current Sworn Statement under Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes,
a current Certificate of Liability Insurance, a current State of Florida license certification, and a
current RFQ Responseder's Qualifications Statement/Statement of Business Organization.
12. Termination. Owner may terminate this Agreement upon written notice to Contractor.
Contractor's sole remedy upon such termination is to receive payments due under this Agreement
for outstanding Service Request performed through the date of termination, which Service
Requests terminate with the termination of the Agreement.
13. Allotment of Service Requests to Contractor. Owner, through its designated
representative, shall, in its sole discretion, issue Service Requests to Contractor as deemed in the
best interests of Owner. The Agreement in no way guarantees any future Service Requests. Owner
retains the right to utilize other contractors or otherwise RFQ Response and execute procurements.
Contractor shall have no right to appeal or challenge Owner's decision regarding distribution of
Service Requests.
14. Choice of Law and Venue. This Agreement shall be construed and interpreted under the
laws of the State of Florida, without giving effect to principles of conflict of laws, except where
specifically pre-empted by Federal law. To the extent Chapter 558, Florida Statutes, is applicable,
the parties expressly opt out of the requirements of Chapter 558, Florida Statutes, within the
meaning of Section 558.005(1), Florida Statutes. Venue with respect to any state or federal
litigation in connection with this Agreement shall be exclusively in Martin County, Florida.
15. Availability of Funds. This Agreement is conditioned upon the availability of funds
lawfully appropriated and available for the purposes set out herein as determined in the sole
discretion of Owner. If funding for this Agreement is in multiple years,funds must be appropriated
each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of
ACTIVE 6849231770
Page 271 of 2231
Agenda Item #9.
contracts with a term of more than one (1) year, but any contract so made will be executory only
for the value of the services to be rendered or paid for in succeeding fiscal years. In the event
funds to finance this Agreement become unavailable, Owner may terminate this Agreement upon
notice to Contractor.
16. Scrutinized Companies List. Pursuant to Section 787.135, Florida Statutes, Contractor
represents that it is not on the Scrutinized Companies that Boycott Israel List, maintained by the
State of Florida, and is not engaged in a boycott of Israel. Additionally, if the Agreement Price is
$1,000,000 or more, Contractor represents that neither Contractor nor its principals or owners are
listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List,or engages in business activities in Sudan
or Cuba. Violations of this section may result in termination of the Agreement and recovery of all
monies paid to Contractor under the Agreement.
17. _Federal Labor/Employment Laws. In accordance with Section 255.20, Florida Statutes,
Contractor represents that it has not been found guilty by a court of any violation of federal labor
or employment tax laws regarding the subjects such as safety, tax withholding, workers'
compensation, reemployment assistance of unemployment tax, social security and Medicare tax,
wage or hour, or prevailing rate laws with the past five (5)years.
18. Prohibited Persons. Neither Contractor nor any of its respective officers, directors,
shareholders, partners, members or affiliates (including without limitation indirect holders of
equity interests in Contractor) is or will be an entity or person(i) that is lists in the Annex t, or is
otherwise subject to the provisions of Executive Order 13224 issued on September 24, 2001
("EO13224"), (ii) whose name appears on the United States Treasury Department's Office of
Foreign Assets Control ("OFAC") most current list of "Specifically Designated National and
Blocked Persons" (which list may be published from time to time in various mediums including,
but not limited to, the OFAC website, http://www.treas.
gov/offices/enforcement/ofac/sdn/tl Isdn.pdf), (iii)who commits,threatens to commit or supports
"terrorism", as that term is defined in EO13224, (iv) is subject to sanction of the United States
Government or is in violation of any federal, state, municipal or local laws, statutes, codes,
ordinances, orders, decrees, rules or regulations relating to terrorism or money laundering,
including,without limitation,EO 13224,or(v)who is otherwise affiliated with any entity or person
listed above (and all parties described in clauses (i) — (v) above are herein referred to as a
"Prohibited Person".)
19. E-Verify/Verification of Employment Status. As required by Section 448.095(2)(a),
Florida Statutes, Contractor represents to Owner that Contractor has registered with and uses the
E-Verify System to verify the work authorization status of all newly hired employees. Contractor
must provide documentation of its compliance with this requirement to Owner upon Owner's
request. If Contractor enters into a contract with a subcontractor, the subcontractor must provide
Contractor with an affidavit that the subcontractor does not employ an unauthorized alien.
Contractor must maintain a copy of such affidavit(s) for the duration of the contract. Contractor
must provide documentation of its subcontractors' compliance with this requirement to Owner
upon Owner's request. Contractor agrees that its violation of this section will be grounds for the
unilateral termination of the contract by Owner, which termination is not a breach of contract.
ACTIVE 6849231770
Page 272 of 2231
Agenda Item #9.
20. Public Records.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT,CONTACT THE TOWN CLERK,WHO
IS OWNER'S CUSTODIAN OF PUBLIC RECORDS, AT:
Office of the Town Clerk
Town of Jupiter Island
2 S.E. Bridge Road
Hobe Sound,Florida 33475
772-545-0100
kkogosna,tji.martin.fl.us
[Signature Page Follows]
ACTIVE 6849231770
Page 273 of 2231
Agenda Item #9.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of date signed by Owner(the "Effective Date).
®E lip/ �
0�N /mil Town of�Ju 'ter sland Flo
Y�
Town Clerk Whitney D.Vidot
MARTIN COUNTY Its Mayor/
(TOWN SEAL) f(B R 1 9 V Date:
Florida C
l Consultants,LLC
By:
Jamekbarion,P.E.
Its President
ACTIVE 6849231770
Page 274 of 2231
Agenda Item #9.
Florida Technical Consultants, LLC
401 West Atlantic Avenue Suite 09
F &
Delray Beach, FL 33444
Tel (561)265-3790 x 107
www.fltechinc.com
FLORMA TECHNICAL CONSULTANTS
Professional Services Fees
January 1, 2023
Florida Technical Consultants Fee Schedule 2022- 2028
Position Rate Rate Rate
Oct 2022— Oct 2024— Oct 2026—
Se t 2024 Sept 2026 Sept 2028
Principal $160 $165 $170
Project Manager $150 $155 $160
Senior Professional Engineer $145 $150 $155
Project Engineer $140 $145 $150
Senior GIS Analyst $135 $140 $145
Construction Services Manager $130 $135 $140
Project GIS Analyst $125 $130 $135
Junior Engineer $125 $130 $135
GIS Specialist $115 $120 $125
CAD Technician $115 $120 $125
GIS Technician $105 $110 $115
Clerical $65 $70 $75
Should you have any questions, please do not hesitate to contact me at my office at(954) 954-8488 or send me
an electronic message at jbarton@fltechinc.com.
Respectfully submitted,
Ja4Barton., . .
President
Florida Technical Consultants
Page 275 of 2231