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HomeMy WebLinkAboutAgreement_General_01/10/2014 COMMUNITY RATING SYSTEM (CRS) COMPLIANCE CONSULTANT SERVICES This is an Agreement made on ��._ gr �� - 2014, between THE VILLAGE OF TEQUESTA, a political subdivisi n of the State of Florida, hereinafter referred to as VILLAGE, and CRS MAX CONSULTANTS, INC., hereinafter referred to as CONSULTANT: WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, VILLAGE and CONSULTANT agree as follows: ARTICLE 1 SCOPE OF SERVICES VILLAGE intends to utilize CONSULTANT for Community Rating System Compliance Consultant Services when duly authorized by VILLAGE, through this Agreement. 1.1 CRS COMPLIANCE AND CONTINUING CONSULTANT SERVICES The CONSULTANT agrees to provide Compliance Consultant Services for consideration not to exceed $9,000.00, billed monthly, according to the rate schedule set forth in Article 3. The following services to be included in CRS Compliance Consultant Services, as requested by the VILLAGE: a) Work together with the VILLAGE to prepare for the ISO /CRS Specialist's Compliance in March 2014. With a commitment of full cooperation by the VILLAGE staff, this service will entail: i. A thorough review of the VILLAGE's current CRS program ii. Identification of documentation requirements iii. Organization of documentation iv. Interface with ISO /CRS Specialist as required v. Accompaniment of staff during CRS Compliance Visit vi. Assistance in providing any supplemental documentation required following visit 1 1.2 CONSULTANT'S RESPONSIBILITIES CONSULTANT shall have full responsibility for reviewing, organizing, identifying, accompanying and working with VILLAGE to implement the Compliance preparation, as described in Section 1.1. ARTICLE 2 2.1 NOTICE OF MEETING CONSULTANT agrees to meet with VILLAGE at reasonable times and with reasonable notice which notice shall include the time and scope of the meeting. 2.2 TERM OF AGREEMENT This Agreement shall remain in effect from the execution of this contract by both parties through the Compliance Visit and for two months from the date of the Compliance Visit. 2.3 COMMENCEMENT OF WORK AND TIME TO COMPLETE The Agreement shall take effect upon execution by both parties. The authorized work as described in the Agreement will commence immediately upon receipt of notice to proceed issued by the VILLAGE. 2.4 OWNER FURNISHED SERVICES It is understood and agreed that VILLAGE will furnish: a. The reasonable services of its officials and staff to assist CONSULTANT in obtaining background information to perform its duties. b. To assist CONSULTANT in proper and timely performance of its duties, reasonable access to existing records of VILLAGE, where available, including, but not limited to, previous reports. c. To grant to CONSULTANT access to VILLAGE records of Repetitive Loss Properties and Insurance Services Office /Community Ratting System (ISO /CRS) Specialist. d. VILLAGE shall give prompt written notice to CONSULTANT whenever VILLAGE observes or otherwise becomes aware of any development which affects the scope or timing of CONSULTANT's services or any defect in the work of the CONSULTANT. 2 ARTICLE 3 COMPENSATION AND METHOD OF PAYMENT 3.1 COMPENSATION The VILLAGE agrees to pay CONSULTANT as compensation for its services provided under the terms of this Agreement amounts calculated in accordance with the following schedule: Compliance Consultant Services $ 9,000.00 Total compensation to CONSULTANT includes all labor expenses, travel expenses, materials and any ancillary costs borne by the CONSULTANT; total compensation shall not exceed this amount. 3.1.1 There will not be any fees charged to VILLAGE by CONSULTANT for travel time. 3.1.2 Should VILLAGE specifically request copies of documents above and beyond those required for full completion of tasks, the copies will be furnished to VILLAGE at the following cost: Cost for printing 8 ' /z" X 11" and 8 ' /z" X 14 ": Black and white $0.20 /page (each side) Color $0.80 /page (each side) 3.1.3 Billing and payment for work pertaining to the Compliance shall be made on the following monthly basis: $2,500 3 monthly payment preceding and including Compliance Visit (3 months) $1,500 Final payment at completion of work 3.2 METHOD OF BILLING AND PAYMENT 3.2.1 Payment shall be due within 30 days after date of invoice, provided the invoice is accepted for payment. Payment shall be made only for approved invoices. The VILLAGE retains the right to delay or withhold payment for services, which have not been accepted by the VILLAGE. 3.2.2 Invoices shall be submitted on a monthly basis or as otherwise agreed by the VILLAGE and CONSULTANT. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS 4.1 BOOKS OF ACCOUNT CONSULTANT will maintain books and accounts of all expenses charged to VILLAGE. Said books shall be available at all reasonable times for examination by VILLAGE or authorized agent at the corporate office of CONSULTANT, 4.2 INSURANCE CONSULTANT will maintain insurance in accordance with state and VILLAGE requirements. Copies of said insurance policy will be supplied to VILLAGE by insurance carrier or by CONSULTANT as requested. VILLAGE shall be notified in writing of any changes in insurance coverage 10 days in advance of any change. VILLAGE shall be named an Additional Insured on the Certificate of Insurance except for the Professional Liability Insurance Policy. 4.3 DOCUMENTS CONSULTANT will furnish VILLAGE the agreed upon copies of all reports, records and documents prepared for VILLAGE. All documents fiunished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT'S services in respect to the assigned projects. However, it is expressly understood that the VILLAGE shall have title to all documents submitted to VILLAGE under this Agreement. 4.4 TERMINATION OR ABANDONMENT Either party may terminate this agreement without cause upon giving thirty (30) days written notice. Contractor will be paid for all work performed prior to termination. 4.5 SUCCESSORS AND ASSIGNS All of the terms, conditions and provisions hereof shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns provided, however, that no assignment of the Agreement shall be made without written consent of the parties to the Agreement. 4.6 CONFLICT OF INTEREST CONSULTANT agrees not to accept employment during the time this Agreement is in effect from any builder, land developer, utility company, or others which might be construed as a conflict of interest with CONSULTANT's work for the VILLAGE. The CONSULTANT shall conscientiously avoid a conflict of interest with regard to work for VILLAGE, but when unavoidable, the CONSULTANT shall forthrightly take the following action: 4 a. Disclose in writing to VILLAGE the full circumstances of possible conflict of interest; and b. Assure in writing that the conflict will in no manner influence his judgment or the quality of his services to VILLAGE; and The CONSULTANT shall promptly inform VILLAGE of any business association, interest or circumstances, which may be influencing his judgment or the quality of his services to VILLAGE. The CONSULTANT shall not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products. The CONSULTANT shall not solicit or accept gratuities directly or indirectly, from contractors, their agents or other parties dealing with VILLAGE in connection with work for which it is responsible. 4.7 NOTICES Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the previsions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: FOR VILLAGE Michael R. Couzzo, Jr., Village Manager 345 Tequesta Drive Tequesta, FL 33469 FOR CONSULTANT Cathy King, President CRS Max Consultants, Inc. 3331 NW 71 Street Coconut Creek, Florida 33073 4.8 ALL PRIOR AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, agreements or understandings between the parties applicable to the matters contained herein. The parties agree there are not commitments, agreements or understanding between the parties concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the 5 parties agree no deviation from the terms shall be predicated upon any prior representations or agreements between the parties, whether oral or written. 4.9 OBSERVANCE OF LAWS The CONSULTANT shall keep fully informed of all federal and state laws, all local laws, ordinances and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, affect work authorized under the terms of this Agreement. The CONSULTANT shall at all times observe and comply with all such laws and regulations. 4.10 TRUTH -IN- NEGOTIATION CERTIFICATE Signature of this Agreement by CONSULTANT shall act as the execution of a truth -in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which VILLAGE determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit's costs. 4.11 PROHIBITION AGAINST CONTINGENT FEES CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award of making of this Agreement. For the breach or violation of this provision, VILLAGE shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 5 EQUAL OPPORTUNITY EMPLOYMENT CONSULTANT agrees not to discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, handicapped status or national origin. 6 IN WITNESS WHEREOF, the parties have signed this agreement as of the day and year first above written. VILLAGE OF TEQUESTA By: Michael R. Cou .o, Jr., i e Mann ATTEST: �WV(,t',��`�;.�`���� �F 17 F� G , Lori McWilliams, Ville' SEAL` CRS MAX CONSULTANTS, INC- tNCORPOAATED 4 fr-: ''� � By: (' �lt,u � Cathy L. Ding, President Date: 7 ADDENDUM Public Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that aze associated with the performance of the work described in the Scope of Services. Upon request, the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, 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 the Scope of Services aze not disclosed except as authorized by law. Finally, the Contractor shall retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, all such records in the possession of the Contractor and destroy any duplicaxes thereo£ Records that are stored electronically must be transfened to the Village in a format that is compatible with the Village's information technology systems. � � ° � , � �� �� °o ` ° o � � � ° � � ° - � � ° � � � � � ° �� � � � o ° . o a o 0 0 � o o � �■ a ° ° � 1 0° ° � � o 0 � °� ` o . a � �' �.� � .. ° � e ° ° �. o � ° o � o � � ° o ° o � p o � � , a � � ° � � � � `o � � � °I 0 0 0 � �1� � �I � ° � ° � � �� °s o � ° � � � �o� � o, °o 0 0 � , � � � o o � . �� � a � � � ° � � o °o � ° o 0 0 ° o � ° ° .° . ° � � ` oe ° � �� , .° „ o . , o ° , o , o� " ' �. � � o,° o � o ° a o � � . ° o ° ` 4 ; °. ° ! � o a �. o o ° I � ,° °` , e ` o � „ � � � o o � °o e ° ,. o ° ° °o, � o a ° ° � ° � a � ° � o� ` � � o � � ° o I � a o o� ° o 0 0 °.o o ° ' oo �o ; � o o ° �o ` � ° �� �° � ° � ° � � � ° ° � � o o ° o ° ° e �►o �� o � , o ° o a °° ` ° � 0 0 ° o o ° ° � � � � o e � �°o a � a ° ` :� o o ° a o ` � �o o � o I ° � � ° ° � ° a�� � ` ° o � o � � ° o . ` � ° � � ° ° ° � � � , o�. ° ° o o � o � � � � � ° o° ° ° ° o� , ° ° o o I° � o o ° o ° � ° ° o ° � � �o � � � o � o o ° � o � a a � ,�° � a �� a � � a � o 0 0 0 � o �� � .� e � o o ° , o a o � o � o 0 0 � , o o � o , o ° � '° m - ° o ° � ° a ° o � � , o � � � ' � � o ° � � � � � a o o � � � .� � o o � � ° � � o , o 0 0 � � ° �� �� � �� �� � � ° � � ��� � � o o � o, o � � � � , o � .o � o ° o� � a , �o o � � ° � o �� � � o � � o� �� � o �� � �� o ��o �� � � � a �� o�� � �o� � o ° � � � � o� � _�� 8 0 0 � , � .` � ° o e � � � ° � � � ° � ° � � ° o� �o � ° � �� � �� � � , � pa � ' ° o � � o � � � , o � p ° o, a ' � o � o e � � , a ° , � o■ ' o e ' �� � " � � o � o � oo � � a � ao 0 0 � o �. � r