HomeMy WebLinkAbout2020 Contract"PIGGYBACK" AGREEMENT
Town of Astatula, FL — RFP Building Inspection Services
This Agreement is entered into by the parties this 25th day of June , 2020
1. Parties:
City of Sebastian, a municipal corporation of the Stale of Florida, (City).
and
M.T. Causley, LLC —A SAFEbuilt Company (Consultant).
2. Designated Contact Perron for Cam:
Wayne Eseltine, CBO FBI CFM
Building Director / Fire Marshal
1225 Main Street
Sebastian. Florida 32958
Phone, 772-388-8235
mail: wemidne@cilyursebastian.org
3. Designated Contact Person for Consultant:
Thomas M. Walsh
Account Manager
18001 Gulf Blvd.
Redington Shores, FL 33708
Phone: 407-615-1964
Email: twalsh@safebuilt.com
4. "Piggyback". City of Sebastian Procurement Ordinance Section 2-10 (c)(2) allows for "piggybacking"
contracts/agreements. Pursuant to this procedure, the City has authority to utilize contracts or master
agreements of state, federal or other local governments or other public entities, and there is no need to
obtain formal or informal quotes, proposals or bids. The Parties agree that the Consultant has entered a
contract with Town of Astatula, FL, identified as: Professional Services Agreement, referred to as the
'Original Agreement" (Exhibit "A").
S. Terms and Conditions. All terms and conditions set out in the Original Agreement are fully binding on
the Parties and are incorporated herein.
6. Fees. All fees for services performed in accordance to the Scope of Services are set out in the Original
Agreement, section 3 — Fee Structure.
7. Scope of Services. Consultant can provide services from the following list:
a) Building Official Services
b) Building, Electrical, Plumbing and Mechanical Inspection Services
c) Plan Review Services
d) Fire Plan Review and Inspection Services
B. Modification to Original Agreement. Notwithstanding the requirement that the Original Agreement is
fully binding on the Parties, the Parties have agreed to modify and add certain technical provisions as
applicable to this Agreement between the Consultant and the City, as follows:
a. Article 12— Indemnification: The Consultant shall indemnify and hold harmless the City from any and
all third- party personal injury or property damage claims, liabilities, losses or causes of action to the
extent arising from Consultant's (i) negligent or unlawful use or occupancy of the property or (it) use
or occupancy of the property in breach of any lease agreement between City and Consultant.
NOTE: Nothing in this agreement shall be construed as the City waiving its immunity pursuant to
§768.28, at seq., Florida Statutes, or any other sovereign or governmental immunity."
b. Article 14 - Insurance: Consultant shall provide a Certificate of Insurance naming the City as an
"additional Insured".
c. Section 23 — Notices: The Consultant agrees that all business will be conducted and all notices and
Invoices shall be mailed to: City of Sebastian 1225 Main Street, Sebastian, FL 32958
d. All other provisions in the original contract are fully binding on the Parties and will represent the
agreement between the City and Consultant.
City of Sebastian, Florida / M.T. Causley, LLC - A SAFEbuilt Company
"Piggyback' Town of Astatula, FL-RFP Building Services Page 1 of 2
9. Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall
not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any
single or partial exercise of any such right preclude the City of any other or further exercise thereof or
the exercise of any other right.
10. Severability. If a court deems any provision of the Agreement void or unenforceable, that provision
shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable
and all other provisions shall remain in full force and effect.
11. Survival. All express representations, waivers, indemnifications, and limitations of liability included in
this Agreement will survive completion or termination of the Agreement for any reason.
12. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so
and to bind the respective party to the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and
year noted above.
ATTEST (SEAL):
/��
an4e0e Williams, MMC
ITY CLERK
Approved as to form and legality for
reliance by the City of SebasIf only:
v M ny Ar1dn Jr., E
C ATTORNEY
THE CITY OF SEBASTIAN
BY: P E. Carlis e 3�
CITY MANAGER
M.T. CAUSLEY, LLC — A SAFEBUILT COMPANY
SY:, I/�/-i �"/11-7/ — 1
RESIDEN�o'Ie�
City of Sebastian, Florida I M.T. Causley, LLC -A SAFEbulh Company
'Piggyback' Town of Ast itula, FL - RFP Building Services Page 2 of 2
EXHIBIT "A"
"Piggyback" Agreement
Town of Astatula, FL - RFP Building Inspection Services
PROFESSIONAL SERVICES AGREEMENT
BETWEEN TOWN OF ASTATULA
AND M.T. CAUSLEY, LLC—A SAFEBUILT COMPANY
This Professional Services Agreement ("Agreement") is made and entered into by and between Town of Astatula
("Municipality") and M.T. Causley, LLC, a Florida limited liability company, ("Consultant"). Municipality and
Consultant shall be jointly referred to as "Parties".
RECITALS
WHEREAS, on January 29, 2020, Municipality issued Request for Proposal for Building Inspection
Services ("RFP"); and
WHEREAS, on February 10, 2020, a recommendation was made to the Town Council regarding the top
ranked Firm, approving the award of the RFP to Consultant; and
WHEREAS, Municipality desires to retain Consultant to perform Building Inspection Services; and
WHEREAS, Consultant is ready, willing, and able to perform Services.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged, Municipality and Consultant agree as follows:
1. SCOPE OF SERVICES
Consultant was selected pursuant to RFP for Building Inspection Services. To the extent of Inconsistencies
with this Agreement or the RFP, the terms and conditions in the RFP shall prevail.
Consultant will perform Services in accordance with codes, amendments and ordinances adopted by the
elected body of Municipality. The qualified professionals employed by Consultant will maintain current
certifications, certificates, licenses as required for Services that they provide to Municipality in accordance
with State of Florida, Chapter 468, Florida Statutes. Consultant is not obligated to perform services beyond
what Is contemplated by this Agreement.
Unless otherwise provided in Exhibit C, Consultant shall provide the Services using hardware and
Consultant's standard software package. In the event that Municipality requires that consultant utilize
hardware or software specified by or provided by Municipality, Municipality shall provide the information
specified in Exhibit C. Consultant shall use reasonable commercial efforts to comply with the requirements
of Exhibit C and Municipality, at its sole expense, shall provide such technical support, equipment or other
facilities as Consultant may reasonably request to permit Consultant to comply with the requirements of
Exhibit C.
2. CHANGES TO SCOPE OF SERVICES
Any changes to Services between Municipality and Consultant shall be made in writing that shall specifically
designate changes in Service levels and compensation for Services. Both Parties shall determine a mutually
agreed upon solution to alter services levels and a transitional timeframe that is mutually beneficial to both
Parties. No changes shall be binding absent a written Agreement or Amendment executed by both Parties.
3. FEE STRUCTURE
In consideration of Consultant providing services, Municipality shall pay Consultant for Services performed
in accordance with Exhibit B— Fee Schedule for Services.
4. INVOICE & PAYMENT STRUCTURE
Consultant will Invoice Municipality on a monthly basis and provide all necessary supporting documentation.
All payments are due to Consultant within 30 days of Consultants invoice date. Payments owed to
Consultant but not made within sixty (60) days of invoice date shall bear simple Interest at the rate of one
and one-half percent (1.5%) per month. If payment is not received within ninety (90) days of Invoice date,
Services will be discontinued until all invoices and interest are paid in full. Municipality may request, and
Consultant shall provide, additional information before approving the invoice. When additional information
Is requested Municipality will identify specific disputed item(s) and give specific reasons for any request.
Undisputed portions of any invoice shall be due within 30 days of Consultants Invoice date, If additional
Information is requested, Municipality will submit payment within thirty (30) days of resolution of the
dispute.
5. TERM
This Agreement shall be effective on the latest date on which this Agreement Is fully executed by both
Parties. The Initial term of this Agreement shall be twelve (12) months, subsequently, Agreement shall
automatically renew for twelve (12) month terms; unless prior notification is delivered to either Party thirty
(30) days in advance of the renewal date of this Agreement. In the absence of written documentation, this
Agreement will continue in force until such time as either Party notifies the other of their desire to terminate
this Agreement.
6. TERMINATION
Either Party may terminate this Agreement, or any part of this Agreement upon ninety (90) days written
notice, with or without cause and with no penalty or additional cost beyond the rates stated in this
Agreement. In case of such termination, Consultant shall be entitled to receive payment for work completed
and approved by Municipality up to and including the date of termination
All structures that have been permitted, a fee collected, and not yet expired at the time of termination may
be completed through final inspection by Consultant if approved by Municipality. Consultant's obligation is
met upon completion of final inspection or permit expiration, provided that the time period to reach such
completion and finalization does not exceed ninety (90) days. Alternately, Municipality may exercise the
option to negotiate a refund for permits where a fee has been collected but inspections have not been
completed. The refund will be prorated according to percent of completed construction as determined by
Consultant and mutually agreed upon by all Parties. No refund will be given for completed work.
7. FISCAL NON -APPROPRIATION CLAUSE
Financial obligations of Municipality payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available in accordance with the rules,
regulations, and resolutions of Municipality, and other applicable law. Upon the failure to appropriate such
funds, this Agreement shall be terminated.
B. MUNICIPALITY OBLIGATIONS
Municipality shall timely provide all data information, plans, specifications and other documentation
reasonably required by Consultant to perform Services. Municipality grants Consultant full privilege, non-
exclusive, non -transferable license to use all such materials as reasonably required to perform Service -
Town of Astatula Building Inspection Services Agreement Page 2 of 12
9. PERFORMANCE STANDARDS
Consultant shall perform the Services using that degree of care, skill, and professionalism ordinarily
exercised under similar circumstances by members of the same profession practicing or performing the
substantially same or similar services. Consultant represents to Municipality that Consultant retains
employees that possess the skills, knowledge, and abilities to competently, timely, and professionally
perform Services in accordance with this Agreement. Municipality's sole remedy and Consultant's sole
obligation in the event of failure to perform Services in accordance with the terms of this Section shall be
re -performance of the services by Consultant.
10. INDEPENDENT CONTRACTOR
Consultant is an Independent contractor, and neither Consultant, nor any employee or agent thereof, shall
be deemed for any reason to be an employee or agent of Municipality. As Consultant is an Independent
contractor, Municipality shall have no liability or responsibility for any direct payment of any salaries, wages,
payroll taxes, or any and all other forms or types of compensation or benefits to any personnel performing
services for Municipality under this Agreement. Consultant shall be solely responsible for all compensation,
benefits, insurance and employment -related rights of any person providing Services hereunder during the
course of or arising or accruing as a result of any employment, whether past or present, with Consultant, as
well as all legal costs Including attorney's fees incurred in the defense of any conflict or legal action resulting
from such employment or related to the corporate amenities of such employment.
Consultant and Municipality agree that Consultant will be free to contract for similar service to be performed
for other employers while under contract with Municipality. Consultant is not an agent or employee of
Municipality and Is not entitled to participate in any pension plan, insurance, bonus or similar benefits
Municipality provides for its employees. Consultant shall determine all conditions of employment Including
hours, wages, working conditions, discipline, hiring and discharge or any other condition of employment.
Consultant employees are not subject to the direction and control of Municipality. Any provision in this
Agreement that may appear to give Municipality the right to direct Consultant as to the details of doing the
work or to exercise a measure of control over the work means that Consultant will follow the direction of
the Municipality as to end results of the work only.
11. ASSIGNMENT
Neither parry shall assign all or part of Its rights, duties, obligations, responsibilities, nor benefits set forth in
this Agreement to another entity without the written approval of both Parties; consent shall not be
unreasonably withheld. Notwithstanding the precedin& Consultant may assign this Agreement to its parent,
subsidiaries or sister companies (Affiliates) without notice to Municipality. Consultant may subcontract any
or all of the services to its Affiliates without notice to Municipality. Consultant may subcontract any or all of
the services to other third parties provided that Consultant gives Municipality prior written notice of the
persons or entities with which Consultant has subcontracted. Consultant remains responsible for any
Affiliate's or subcontractor's performance or failure to perform. Affiliates and subcontractors will be subject
to the same performance criteria expected of Consultant. Performances clauses will be included in
agreements with all subcontractors to assure quality levels and agreed upon schedules are met.
12. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend, Indemnify, and hold harmless Municipality,
its elected and appointed officials, employees and volunteers and others working on behalf of Municipality,
from and against any and all third -party claims, demands, suits, costs (including reasonable legal costs),
expenses, and liabilities ("Claims") alleging personal injury, including bodily Injury or death, and/or property
damage, but only to the extent that any such Claims are caused by the negligence of Consultant or any
officer, employee, representative, or agent of Consultant.
Townof Astatula Building Inspection services Agreement Page 3 of 12
13. RESERVED.
14. INSURANCE
A. Consultant shall procure and maintain and shall cause any subcontractor of Consultant to procure
and maintain, the minimum insurance coverages listed below throughout the term of this
Agreement. Such coverages shall be procured and maintained with forms and Insurers acceptable
to Municipality. In the case of any claims -made policy, the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage.
B. Worker's compensation insurance to cover obligations Imposed by applicable law for any employee
engaged in the performance of work under this Agreement, and Employer's Liability insurance with
minimum limits of one million dollars ($1,000,000) bodily injury each accident, one million dollars
($1,000,000) bodily injury by disease — policy limit, and one million dollars ($1,000,OD0) bodily
Injury by disease — each employee. Worker's compensation coverage in "monopolistic" states is
administered by the individual state and coverage is not provided by private Insurers. Individual
states operate a state administered fund of workers compensation Insurance which set coverage
limits and rates. Monopolistic states: Ohio, North Dakota, Washington, Wyoming.
C. Commercial general liability insurance with minimum combined single limits of one million dollars
($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy
shall be applicable to all premises and operations. The policy shall Include coverage for bodily
injury, broad form property damage, personal injury (including coverage for contractual and
employee acts), blanket contractual, independent Consultant's, and products. The policy shall
contain a severability of interest provision and shall be endorsed to include Municipality and
Municipality's officers, employees, and consultants as additional insureds.
D. Professional liability insurance with minimum limits of one million dollars ($1,000,000) each claim
and two million dollars ($2,000,000) general aggregate.
E. Automobile Liability: If performance of this Agreement requires use of motor vehicles licensed for
highway use, Automobile Liability Coverage is required that shall cover all owned, non -owned,
and hired automobiles with a limit of not less than $1,000,000 combined single limit each
accident.
F. Municipality shall be named as an additional insured on Consultant's insurance coverage.
G. Prior to commencement of Services, Consultant shall submit certificates of Insurance acceptable
to Municipality.
15. THIRD PARTY RELIANCE
This Agreement is intended for the mutual benefit of Parties hereto and no third -party rights are intended
or Implied.
16. OWNERSHIP OF DOCUMENTS
Except as expressly provided in this Agreement, Municipality shall retain ownership of all work product and
deliverables created by Consultant pursuant to this Agreement and all records, documents, notes, data and
other materials required for or resulting from the performance of Services hereunder shall not be used by
Consultant for any purpose other than the performance of Services hereunder without the express prior
written consent of Municipality. All such records, documents, notes, data and other materials shall become
the exclusive property of Municipality when Consultant has been compensated for the same as set forth
herein, and Municipality shall thereafter retain sole and exclusive rights to receive and use such materials in
such manner and for such purposes as determined by it. Notwithstanding the preceding, Consultant may
use the work product, deliverables, applications, records, documents and other materials required for or
resulting from the Services, all solely in anonymized form, for purposes of (I) benchmarking of Municipality's
and others performance relative to that of other groups of customers served by Consultant; III) sales and
marketing of existing and future Consultant services; (III) monitoring Service performance and making
Town of Auatula Building Inspection Services Agreement Page of 12
Improvements to the Services. For the avoidance of doubt, Municipality Data will be provided to third
parties only on an anonymized basis and only as part of a larger body of anonymized data. If this Agreement
expires or is terminated for any reason, all records, documents, notes, data and other materials maintained
or stored in Consultant's secure proprietary software pertaining to Municipality will be exported into a CSV
file and become property of Municipality. Notwithstanding the preceding, Consultant shall own all rights
and title to any Consultant provided software and any improvements or derivative works thereof.
Upon reasonable prior written notice, Municipality and its duly authorized representatives shall have access
to any books, documents, papers and records of Consultant that are related to this Agreement for the
purposes of audit or examination, other than Consultant's financial records, and may make excerpts and
transcriptions of the same at the cost and expense of Municipality.
17. CONSULTANT ACCESS TO RECORDS
Parties acknowledge that Consultant requires access to Records in order for Consultant to perform its
obligations underthis Agreement. Accordingly, Municipality will either provide to Consultant on a daily basis
such data from the Records as Consultant may reasonably request (In an agreed electronic format) or grant
Consultant access to its Records and Record management systems so that Consultant may download such
data. Data provided to or downloaded by Consultant pursuant to this Section shall be used by Consultant
solely In accordance with the terms of this Agreement.
18. CONFIDENTIALITY
Consultant shall not disclose, directly or indirectly, any confidential Information or trade secrets of
Municipality without the prior written consent of Municipality or pursuant to a lawful court order directing
such disclosure.
19. CONSULTANT PERSONNEL
Consultant shall employ a sufficient number of experienced and knowledgeable employees to perform
Servicesin a timely, polite, courteous and prompt manner. Consultant shall determine appropriate staffing
levels and shall promptly Inform Municipality of any reasonably anticipated or known employment -related
actions which may affect the performance of Services. Additional staffing resources shall be made available
to Municipality when assigned employees) Is unavailable.
20, DISCRIMINATION & ADA COMPLIANCE
Consultant will not discriminate against any employee or applicant for employment because of race, color,
religion, age, sex, disability, national origin or any other category protected by applicable federal or state
law. Such action shall include but not be limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, Including apprenticeship. Consultant agrees to post in conspicuous
places, available to employees and applicants for employment, notice to be provided by an agency of the
federal government, setting forth the provisions of Equal Opportunity laws. Consultant shall comply with
the appropriate provisions of the Americans with Disabilities Act (the "ADA"), as enacted and as from time
to time amended, and any other applicable federal regulations. A signed certificate confirming compliance
with the ADA may be requested by Municipality at any time during the term of this Agreement.
21. PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS
Consultant Is registered with and is authorized to use and uses the federal work authorization program
commonly known as E-Verify. Consultant shall not knowingly employ or contract with an Illegal alien to
perform work under this Agreement and will verify Immigration status to confirm employment eligibility.
Consultant shall not enter Into an agreement with a subcontractor that fails to certify to Consultant that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Town of Asmtula Building Inspection services Agreement Page 5 of 12
Agreement. Consultant is prohibited from using the E-Verify program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
22. SOLICITATION/HIRING OF CONSULTANT'S EMPLOYEES
During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire,
or attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided services
to Municipality pursuant to this Agreement ("Service Providers"), or who interacted with Municipality in
connection with the provision of such services (including but not limited to supervisors or managers of
Service Providers, customer relations personnel, accounting personnel, and other support personnel of
Consultant). Parties agree that this provision is reasonable and necessary In order to preserve and protect
Consultant's trade secrets and other confidential information, its Investment in the training of its employees,
the stability of its workforce, and its ability to provide competitive building department programs in this
market. If any provision of this section is found by a court or arbitrator to be overly broad, unreasonable in
scope or otherwise unenforceable, Parties agree that such court or arbitrator shall modify such provision to
the minimum extent necessary to render this section enforceable. In the event that Municipality hires any
such employee during the specified period, Municipality shall pay to Consultant a placement fee equal to
25%of the employee's annual salary including bonus.
23. NOTICES
Any notice under this Agreement shall be in writing and shall be deemed sufficient when presented in
person, or sent, pre -paid, first class United States Mail, or delivered by electronic mail to the following
addresses:
If to Municipality:
Graham Wells, CMC
Town Clerk, Finance Officer
25009 CR 561,
P.O. Box 609,
Astatula, FL 34705
If to Consultant:
Tom Walsh, Account Manager
M.T. Causley, LLC
18001 Gulf Blvd
Redington Shores, FL 33708
Mike Causley
866 Ponce de Leon Blvd., 2nd Floor
Coral Gables, FL 33134
24. FORCE MAIEURE
Any delay or nonperformance of any provision of this Agreement by either Party (with the exception of
payment obligations) which is caused by events beyond the reasonable control of such party, shall not
constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be
deemed to be extended for a period equal to the duration of the conditions preventing such performance.
25. DISPUTE RESOLUTION
In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute
cannot be settled through negotiation, Parties agree first to try in good faith to settle the dispute by
mediation, before resorting to arbitration, litigation, or some other dispute resolution procedure. The cost
thereof shall be borne equally by each Party.
26. ATTORNEY'S FEES
In the event of dispute resolution or litigation to enforce any of the terms herein, each Party shall pay all
its own costs and attorneys fees.
Town of Astatula Building Inspection Services Agreement Page 6 of 12
27. AUTHORITY TO EXECUTE
The person or persons executing this Agreement represent and warrant that they are fully authorized to sign
and so execute this Agreement and to bind their respective entities to the performance of Its obligations
hereunder.
28. CONFLICT OF INTEREST AND ETHICS REQUIREMENTS
This Agreement is subject to State of Florida Code of Ethics. Agreement may be subject to Lake County
Code of Ethics and investigation and/or audit by the Lake County Inspector General. Accordingly, there are
prohibitions and limitation on the employment of Municipal officials and employees and contractual
relationships providing a benefit to the same.
29. PUBLIC RECORDS
Pursuant to section 119.071, Florida Statures, Consultant shall comply with Florida's Public Records Act,
Chapter 119, Florida Statutes, and agrees to:
A. Keep and maintain all public records that ordinarily and necessarily would be required by Municipality
to keep and maintain in order to perform Services under this Agreement.
B. Upon request from Municipality's custodian of public records, provide copies to Municipality within a
reasonable time and public access to said public records on the same terms and conditions that
Municipality would provide the records and at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law.
C. Ensure that said public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining said public records and transfer, at no cost, to Municipality all said
public records in possession of Consultant upon termination of this Agreement and destroy any
duplicate public records that are exempt or confidential and exempt tram Chapter 119, Florida Statutes,
disclosure requirements. All records stored electronically must be provided to Municipality in a format
that is compatible with the information technology systems of Municipality.
E. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Clerk Office: Graham Wells Phone: (352) 742-1100
Address: 25019 County Rd 561, Email: gwells@astatula.org
Astatula, FL 34705
30. GOVERNING LAW AND VENUE
This Agreement shall be construed under and governed by the laws of the State of Florida and all services to
be provided will be provided in accordance with applicable federal, state and local law, without regard to its
conflict of laws provisions.
31. COUNTERPARTS
This Agreement and any amendments maybe executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument. For purposes of executing
this Agreement, scanned signatures shall be as valid as the original.
32. ELECTRONICREPRESENTATIONS AND RECORDS
Parties hereby agree to regard electronic representations of original signatures as legally sufficient for
executing this Agreement and scanned signatures emailed by PDF or otherwise shall be as valid as the
Town of Astatula Building Inspection services Agreement Page 7 of 12
original. Parties agree not to deny the legal effector enforceability of the Agreement solely bemuse It is In
electronic form or bemuse an electronic record was used in its formation. Parties agree not to object to the
admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic
document, or a paper copy of a document bearing an electronic signature, on the ground that it is an
electronic record or electronic signature orthat it is not In its original form or Is not an original.
33. WAIVER
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver
of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power.
34. ENTIRE AGREEMENT
This Agreement, along with attached exhibits, constitutes the complete, entire and final agreement of the
Parties hereto with respect to the subject matter hereof, and shall supersede any and all previous
communications, representations, whether oral or written, with respect to the subject matter hereof.
Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word
herein or the application thereof In any given circumstance shall not affect the validity of any other provision
of this Agreement.
The undersigned have caused this Agreement to be executed in their respective names on the dates
hereinafter enumerated.
/'Le.�MicausleSSA M.y, LLC— FEbuilt Company
Signature Date(
Mitchell Mack, Mayor
Town of Astatula
(Balance of page left Intentionally blank)
Town of Astatula Building Inspection Services Agreement page 8 of 12
EXHIBIT A - LIST OF SERVICES
1. LIST OF SERVICES
Building Official Services
✓ Manage and help administer the department and report to Municipality's designated official
✓ Be a resource for Consultant team members, Municipal staff, and applicants
✓ Help guide citizens through the complexities of the codes in order to obtain compliance
✓ Monitor changes to the codes Including state or local requirements and determine how they may
impact projects in the area and make recommendations regarding local amendments
✓ Assist Municipal staff in revising and updating municipal code to comply with adopted requirements
✓ Provide Building Code interpretations for final approval
✓ Oversee our quality assurance program and will make sure that we are meeting our agreed upon
performance measurements and your expectations
✓ Provide training for our inspectors on Municipality adopted codes and local amendments as needed
✓ Oversee certificate of occupancy Issuance to prevent issuance without compliance of all
departments
✓ Attend staff and council meetings as mutually agreed upon
✓ Responsible for reporting for Municipality —frequency and content to be mutually agreed upon
✓ Responsible for client and applicant satisfaction
✓ Work with Municipal staffto establish and/or refine building department processes
✓ Issue stop -work notices for non -conforming activities — as needed
Building. Electrical. Plumbing, and Mechanical Insoection Services
✓ Consultant utilizes an educational, informative approach to improve the customers experience.
✓ Perform code compliant inspections to determine that construction complies with approved plans
✓ Meet or exceed agreed upon performance metrics regarding Inspections
✓ Provide onsite inspection consultations to citizens and contractors while performing Inspections
✓ Return calls and entails from permit holders in reference to code and inspection concerns
✓ Identify and document any areas of noncompliance
✓ Leave a copy of the inspection ticket and discuss inspection results with site personnel
Plan Review Services
✓ Provide plan review services electronically or in the traditional paper format
✓ Review plans for compliance with adopted building codes, local amendments or ordinances
✓ Be available for pre -submittal meetings by appointment
✓ Coordinate plan review tracking, reporting, and interaction with applicable departments
✓ Provide feedback to keep plan review process on schedule
✓ Communicate plan review findings and recommendations in writing
✓ Return a set of finalized plans and all supporting documentation
✓ Provide review of plan revisions and remain available to applicant after the review is complete
2. COMMUNITY CORE SYSTEMS TERMS ANDCONDITIONS
✓ Provide Community Core in accordance with the terms, and conditions of Exhibit C.
3. MUNICIPAL OBLIGATIONS
✓ Municipality will Issue permits and collect all fees
✓ Municipality will provide Consultant with a list of requested inspections and supporting documents
✓ Municipality will Intake plans and related documents
✓ Municipality will provide a monthly activity report that will be used for monthly invoicing
Town of Astatula Building Inspection Services Agreement Page 9 of 12
✓ Municipality will provide zoning administration for projects assigned to Consultant
✓ Municipality will provide codes books for front counter use
✓ Municipality will provide office space, desk, desk chairs, file cabinets, local phone service, internet,
use of copier and fax
4. TIME OF PERFORMANCE
Services will be performed during normal business hours excluding Municipal holidays.
✓ Services will be performed two (2) days a week, two (2) hours per day minimum
✓ Building Official will be on -site at the Municipal offices as mutually agreed upon
✓ Inspectors will be dispatched on an as -needed basis
✓ Consultants representatives) will be on -site weekly based on activity levels
✓ Consultants representatives) will be available by cell phone and email
✓ Consultants representative(s) will meet with the public by appointment
✓ Additional Inspectors will be dispatched on an as -needed basis
INSPECTION SERVICES
Perform Inspections received from the Municipality prior to 4:00 pm next
business day
TWO HOUR INSPECTION
Provide a two-hour window of time that the permit holder can expect to have
WINDOW
their inspection performed— Upon request only
MOBILE RESULTING
Provide our inspectors with field devices to enter results immediately
PRE -SUBMITTAL MEETINGS
Provide pre -submittal meetings to applicants by appointment
PLAN REVIEW
Provide comments within the following timeframes:
TURNAROUND TIMES
Day 1 = first full business day after receipt of plans and all supporting documents
ProjectTvoe: First Comments Second Comments
✓ Single-family within 5 business days 5 business days or less
✓ Multi -family within 10 business days 5 business days or less
✓ Small commercial within 10 business days 5 business days or less
(under $2M in valuation)
✓ Large commercial 20 business days 10 business days or less
within
APPLICANT
Put a survey in place that allows applicants to provide feedback on their
SATISFACTION
experience throughout the process
Town of Mtatula Building Inspection ServicesAgreement Page 10 of 12
EXHIBIT B — FEE SCHEDULE FOR SERVICES
FEE SCHEDULE
Consultant shall provide notice to Municipality 60 days prior to renewal date of proposed hourly rate
Increase to be reviewed and approved by Town Council. Parties will collaborate to ensure a mutually
beneficial arrangement If increase is approved by Town Council, it shall be based upon the annual
increase In the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index
(United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to
herein as the "CPI") for the Municipality or, if not reported for the Municipality the CPI for cities of a
similar size within the applicable region from the previous calendar year, such Increase, however, not to
exceed 4%per annum.
Consultant fees for Services provided pursuant to this Agreement will be as follows:
Building Official:
$105.00 per hour —two (2) hour
— Residential and Commercial Inspection (all Trades)
minimum
— Residential and Commercial Plan Review (all Trades)
— Flood Plain Management
— CommunityCore Permitting Software
No cost
Residential and Commercial Inspection Services—
$95.00 per hour-two(2)hour
Includes Building, Electrical, Plumbing and Mechanical
minimum
Residential and Commercial Plan Review Services—
$95.00 per hour-two(2)hour
Includes Building, Electrical, Plumbing and Mechanical
minimum
Fire Plan Review and Inspection Services
$105.00 per hour- two (2) hour
minimum
Weekend/After Hours/Emergency Inspection Services
$210.50 per hour - two (2) hour
minimum
Time tracked will start when staff checks in at the Town or first inspection site.
Town of Asutula Building Inspection Services Agreement Page 11 of 12
EXHIBIT C - COMMON CORE
1. Consultant is able to provide Services pursuant to this Agreement using hardware and Consultant's standard
software package, CommonCore. In the event that Municipality requires that Consultant utilize hardware
and/or software specified by and provided by Municipality, Consultant shall use reasonable commercial
efforts to comply with Municipal requirements.
When Municipality requires that Consultant utilize hardware and/or software specified by and provided by
Municipality, Municipality, at Its sole expense, shall provide such technical support, equipment or other
facilities as Consultant may reasonably request to permit Consultant to comply with Municipal
requirements.
Municipality will provide the following Information to Consultant.
✓ Municipal technology point of contact Information Including name, title, email and phone number
✓ List of technology services, devices and software that the Municipality will provide may include:
• Client network access
• Internet access
• Proprietary or commercial software and access
• Computer workstations/laptops
• Mobile devices
• Printers/printing services
• Data access
• List of reports and outputs
Town of Astatula Building Inspection Services Agreement Page 12 of 12