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HomeMy WebLinkAboutAgreement_General_9/12/2024_Engenuity Group Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org To: Jeremy Allen, Village Manager From: Wayne Cameron, Building Director Date: August 27 2024 Subject: Agreement with Engenuity Group, Inc The following agenda item is an agreement with Engenuity Group Inc to provide professional plan reviews ensuring compliance with the Village of Stormwater Management Practices Manual requirements for any development projects requiring permitting from the Building Department. The expenses associated with these types of services are already appropriated in the budget under Other Contractual services (GL 101-180-534.300). The permit applicant for those types of development projects will cover the cost of this review as part of the permitting process, making it a pass-through expense, 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 BUILDING DEPARTMENT PLANS REVIEW for MINOR STORMWATER DRAINAGE RELATED COMPLIANCE CONSULTANT AGREEMENT THIS CONSULTANT AGREEMENT FOR BUILDING DEPARTMENT PLANS REVIEW FOR MINOR STORMWATER DRAINAGE RELATED COMPLIANCE is entered into and effective this 27 day of July, 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, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and ENGENUITY GROUP, INC., a Florida corporation with offices located at 1280 Old Congress Ave Ste 101, West Palm Beach, FL 33409, hereinafter the "Consultant" and collectively with the Village, the "Parties". WITNESSETH The Village and the Consultant, 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: a. The Village and the Consultant both hereby agree that the Consultant will provide professional plans review services for construction drawings related to single family or duplex residential properties in the Village for compliance with all Village stormwater drainage related requirements. Services shall be provided on an as needed basis as determined by the Village Building Official. b. The Village Building Official shall assign tasks to the Consultant, and the Consultant and Village Building Official shall mutually agree on scope of work, level of personnel to be assigned, and "not to exceed" amounts of compensation for each task. C. The Consultant will perform all services for the Village in accordance with all applicable federal, state and local laws, rules and regulations. d. IT IS EXPRESSLY AGREED AND UNDERSTOOD BY THE PARTIES THAT THE CONSULTANT SHALL NOT PROVIDE "PROFESSIONAL SERVICES" AS THOSE SERVICES ARE DEFINED BY SEC. 287.055, FLORIDA STATUTES' ' Services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any Page 1 of 6 TO THE VILLAGE UNDER THIS AGREEMENT FOR ANY PROJECT WHEN BASIC CONSTRUCTION COST THEREOF IS ESTIMATED BY THE VILLAGE TO EXCEED THREE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($325,000.00) OR WHEN THE PLANNING OR STUDY ACTIVITY THEREFOR WILL EXCEED THIRTY FIVE THOUSAND DOLLARS ($35,000.00). IN THE EVENT THAT THESE DOLLAR LIMITS ARE CHANGED IN STATE LAW AT SEC. 287.017, FLORIDA STATUTES, THIS AGREEMENT SHALL AUTOMATICALLY BE AMENDED TO REFLECT SUCH STATUTORY CHANGE. 2. INDEPENDENT CONTRACTOR: The Consultant will perform all required services on an independent contractor basis and shall be solely responsible for its employees' payroll taxes to include, but not be limited to Federal Income Withholding Tax, workers' compensation, FICA, and Federal and State Unemployment taxes. The Consultant is responsible for proper certification and licensure of all officers and employees and for the provision of benefits, insurance, etc. for its officers and employees. 3. COMPENSATION: The fee for services provided pursuant to this Agreement shall be in accordance with the Consultant's hourly rates for services set forth on the fee schedule attached hereto as Exhibit A. Compensation provided to the Consultant shall not exceed Seventy Five Thousand Dollars ($75,000.00) on an annual basis. 4. PAYMENT: The Consultant shall submit a monthly billing invoice to the Village identifying and itemizing in detail the task(s) completed by the Consultant and/or its employees, and the amount due and payable to the Consultant.The Village shall pay the Consultant pursuant to the invoice normally within thirty (30) days of receipt. 5. PROVISION OF OFFICE SPACE: The Village agrees to provide the Consultant with the necessary computer access, office space, and filing cabinets. 6. INSURANCE: The Consultant shall carry general and professional liability insurance in amounts satisfactory to the Village. 7. TERM: This Agreement shall be for a term of one year, and shall automatically renew for successive one year terms under the same conditions as set forth herein, until such time as either Party terminates this Agreement. 8. TERMINATION: Either party may terminate this Agreement upon thirty (30) days written notice. architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice. Page 2 of 6 9. NOTICE: Notice as required in this Agreement shall be sufficient when sent by certified mail to the following addresses, or by hand delivered to the attention of the parties: Village Consultant Village of Tequesta Engenuity Group, Inc. 345 Tequesta Drive 1280 Old Congress Ave Ste 101 Tequesta, FL 33469-0273 West Palm Beach, FL 33409 Attn: Village Manager Attn: Lisa Tropepe, P.E., Vice President 10. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133,Florida Statutes, by entering into this Temporary Agreement or performing any work in furtherance hereof, the Consultant 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. 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. 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 Consultants of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 13. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Consultant must keep and maintain this Temporary Agreement and any other records associated therewith and that are associated with the performance of the work described herein. Upon request from the Village's custodian of public records, the Consultant must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a Page 3 of 6 reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. Should the Consultant fail to provide the public records to the Village, or fail to make them available for inspection or copying within a reasonable time, the Consultant 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 Consultant shall ensure that any exempt or confidential records associated with this Temporary Agreement or associated with the performance of the work described herein are not disclosed except as authorized by law for the duration of the Temporary Agreement term, and following completion of the Temporary Agreement if the Consultant does not transfer the records to the Village. Finally, upon completion of the Temporary Agreement, the Consultant shall transfer, at no cost to the Village, all public records in possession of the Consultant, or keep and maintain public records required by the Village. If the Consultant transfers all public records to the Village upon completion of the Temporary Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Temporary Agreement, the Consultant 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS TEMPORARY AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT ImcwiIIiamsCci,)teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 14. E-VERIFY ELIGIBILITY: Consultant warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. Consultant 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 Consultant's sub-consultants performing the duties and obligations of this Temporary Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. Consultant shall obtain from each of its sub-consultants an affidavit stating that the sub-consultant Page 4 of 6 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. Consultant 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 Temporary Agreement which requires a longer retention period. The Village shall terminate this Temporary Agreement in accordance with Section 8. above if it has a good faith belief that Consultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If Consultant has a good faith belief that Consultant's sub-consultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Village shall notify Consultant to terminate its contract with the sub-consultant and Consultant shall immediately terminate its contract with the sub- consultant. In the event of such contract termination, Consultant 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, Consultant 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 Temporary Agreement at the Village's option in accordance with Section 8. above if the Consultant is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if Consultant has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Consultant is engaged in a boycott of Israel. For Contracts over $1 M, Consultant 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. Consultant 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 Temporary Agreement at the Village's option in accordance with Section 8. above if the Consultant is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, or if Consultant has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Temporary Agreement at the Village's option in accordance with Section 8. above if the Consultant 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. ENTIRE AGREEMENT: This six (6) page Temporary Agreement constitutes the entire understanding and agreement between the parties; no modification shall be made to this Page 5 of 6 Temporary Agreement unfess such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Temporary Agreement. This Temporary Agreement supersedes and replaces all previous agreements between the Consultant and the Village. Both the Consultant and the Village hereby agree that all such previous agreements shall be deemed terminated upon the effective date of this Temporary Agreement, N WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: ENGENUITY GROUP, INC. By: Lisa Tropepe, P.E.,Vice President (Corporate Sea[) •F } A. fi fYjw,,tfjN.t;4,. VILLAGE OF TEQUESTA Jeremy Allen a ,,,signed 7b11:10 Jeremy Allen ATTEST: By:Jeremy Allen,Village Manager �tt�Oti�ntirfrr7rrq� ta�� ry�r Lori McWilliams, MMC rC(�C)�`P(� '4TCY•.1<'M-s Village Clerk ' " SEAL INCORPORATED." ........ .... rah, `P'tj4Li Page 6 of 6 EXHIBIT "A" POSITION Hourly Rate EXPERT WITNESS $400.00 SR. PROJECT MANAGER $250.00 PROJECT MANAGER $230.00 SR. ENGINEER $200.00 PROJECT ENGINEER $150.00 SR. PROJECT LAND SURVEYOR $215.00 PROJECT LAND SURVEYOR $170.00 SR. PROJECT. FIELD REP. $160.00 FIELD REPRESENTATIVE $140.00 SR.AUTOCAD/GIS $150.00 TECH/DESIGNER AUTOCAD/GIS TECH/DESIGNER $125.00 SENIOR TEC14NICIAN TECHNICIAN 3 PERSON SURVEY CREW $225.00 2 PERSON SURVEY CREW $180.00 GPS CREW $200.00 SR. ADMIN. ASSISTANT $95.00 ADMIN. ASSISTANT I $80.00 II CLERICAL $70.00 COURIER $70.00 33 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@tequesta.org, OR AT 345 TEQUE5TA 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 (""WAl"), available at www.w3.org/Tft/WCAG/."