R25-043 RESOLUTION NO. R25-043
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSAL NO. BD25-
5 014R FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN
6 REVIEW SERVICES TO C.A.P. GOVERNMENT, INC., GFA
7 INTERNATIONAL, INC. D/B/A UNIVERSAL ENGINEERING SCIENCES,
8 INC., AND CALVIN, GIORDANO & ASSOCIATES, INC; APPROVING
9 PROFESSIONAL SERVICE AGREEMENTS FOR A THREE-YEAR TERM
10 WITH THE OPTION TO RENEW FOR ONE ADDITIONAL TWO-YEAR
11 TERM WITH AWARDED CONSULTANTS TO BE USED ON AN AS-
12 NEEDED BASIS, FOR AN AMOUNT NOT TO EXCEED $400,000 PER
13 YEAR; AND PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER
14 PURPOSES.
15
16 WHEREAS, the City of Boynton Beach's Building Division requires qualified and
17 experienced firms to provide supplemental services to cover staffing on an as-needed basis for
18 building, electrical, mechanical, and/or plumbing inspection and plan review services in
19 accordance with the requirements of section 468, Florida Statutes, Part XII "Building Code
20 Administrators and Inspectors" Business Inspector, and Application Technicians; and
21 WHEREAS, on November 1, 2024, the City's Purchasing division issued a Request for
22 Proposals ("REP") No. BD25-014R — Professional Services Agreement for Supplemental Building
23 Inspections and Plan Review Services (Consultant) to establish qualified and experienced firms to
24 perform fire, building, electrical, mechanical, and/or plumbing inspections and plan review
25 services on an as-needed basis; and
26 WHEREAS, after the solicitation closed with six response packages to the RFP on
27 December 10, 2024, and after the City held its open-to-public evaluation committee meeting on
28 January 8, 2025, the top-ranked firms of the respondents were C.A.P. Government, Inc., GFA
20 International, Inc. d/b/a Universal Engineering Sciences, Inc. ("UES"), and Calvin, Giordano &
30 Associates, Inc.; and
31 WHEREAS, on January 14, 2025, the evaluation committee received presentations from all
32 three of the aforementioned top-ranked firms, whereby the committee collectively decided that
33 it would be in the City's best interest to request approval from the Commission to award contracts
34 to all three firms that will be utilized on a rotating basis for three years, with the option for one
35 two-year renewal, with an annual expenditure of $400,000 split between all three firms; and
36 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
37 best interests of the City's citizens and residents to approve and authorize the Mayor to sign
38 contracts with C.A.P. Government, Inc., GFA International, Inc. d/b/a Universal Engineering
39 Sciences, Inc., and Calvin, Giordano &Associates, Inc.for three years with the option for one two-
40 year renewal.
41
42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
43 BEACH, FLORIDA, THAT:
44 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
45 being true and correct and are hereby made a specific part of this Resolution upon adoption.
46 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
47 approve and authorize the Mayor to execute the contract with C.A.P. Government, Inc., a copy of
48 which is attached hereto as Exhibit A.
49 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
50 approve and authorize the Mayor to execute the contract with GFA International, Inc. d/b/a
51 Universal Engineering Sciences, Inc., a copy of which is attached hereto as Exhibit B.
52 SECTION 4. The City Commission of the City of Boynton Beach, Florida, does hereby
53 approve and authorize the Mayor to execute the contract with Calvin, Giordano &Associates,Inc.,
54 a copy of which is attached hereto as Exhibit C.
55 SECTION 5. The City Commission of the City of Boynton Beach, Florida, hereby
56 authorizes the Mayor to execute any ancillary documents necessary to accomplish the purposes
57 of this Resolution.
58 SECTION 6. The City Clerk shall retain the fully executed contracts with C.A.P.
59 Government, Inc., GFA International, Inc. d/b/a Universal Engineering Sciences, Inc., and Calvin,
60 Giordano &Associates, Inc. as public records of the City.
61 SECTION 7. This Resolution shall take effect immediately.
62
63
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64 PASSED AND ADOPTED this day of fa0. 2025.
65 CITY OF BOYNTON BEACH, FLORIDA
66 YES NO
67 Mayor-Ty Penserga
68
69 Vice Mayor-Aimee Kelley
J 70
71 Commissioner-Angela Cruz
72 /
73 Commissioner-Woodrow L. Hay !/✓
74
75 Commissioner-Thomas Turkin
76
77 VOTE 5--0
78 ATT' . /
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81 Maylee 1r , MPA, i C - -- *'rga
82 City Cle or
83
84 G70 OF so‘` , APPROVED AS TO FORM:
85 (Corporate Seal) f RAo..,, i
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87 $ ; 00,p 40`y `n:r ,
88 �S .� .94)-P> ••c) •- Shawna G. Lamb
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Exhibit A
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City of Boynton Beach '^
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND C.A.P.GOVERNMENT,INC.,FOR PROFESSIONAL
SERVICES
RFP No. BD25-014R
SUPPLEMENTAL BUILDING INSPECTIONS� AND PLAN REVIEW SERVICES(CONSULTANT)
This Agreement is made as of this ('day of �UYUQ ,20a i by and between C.A.P.GOVERNMENT.INC.,a Florida
Profit Corporation, with a principal address of 343 AWieria Ave Coral Gables. FL 33134, hereinafter referred to as
"Consultant,"and the City of Boynton Beach,a municipal corporation organized and existing under the laws of Florida,
with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as"City." In
consideration of the mutual benefits,terms, and conditions hereinafter specified,the Parties agree as set forth below.
WHEREAS,the City issued Request for Proposals No. BD25-014R(the"RFP")pursuant to state and local law
to solicit proposals for SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES(the"Services"); and
WHEREAS,the Consultant responded to the RFP by submitting its Proposal dated December 10,2024(the
"Proposal"),and
WHEREAS,the City created an evaluation committee to review the proposals in a publicly noticed open-to-
the-public meeting on January 8, 2025, in accordance with the requirements of the RFP;and
WHEREAS,the evaluation committee requested presentations from the top three ranked vendors on January
14,2025;and
WHEREAS,the City's evaluation committee selected the Consultant as the best qualified to perform the
Services;and
WHEREAS,the City desires to engage the Consultant to provide such services to the City on an as-needed
basis according to the terms and subject to the conditions set forth in this Agreement.
NOW THEREFORE,for and in consideration of the mutual covenants and promises as hereinafter set forth
and of the faithful performance of such covenants and conditions,the City and Consultant do hereby agree as
follows:
1. SERVICES AND METHOD OF ORDERING SERVICES.
a. Services.Consultant shall provide the type of services described in the Scope of Services attached hereto
as Exhibit A(which services are hereinafter referred to as the "Services"). Consultant may be requested
to provide specific Services for various and different tasks or projects.Consultant shall render the Services
in a diligent, careful, thorough, and professional manner consistent with sound business practice and
shall at all times provide City with the most sound and reasonable recommendations and advice. The
standard of care for all Services performed or furnished by the Consultant under this Agreement will be
the care and skill ordinarily used by members of the Consultant's profession practicing under similar
circumstances or at the same time and in the same locality.
b. Method of Ordering Services.Services will be rendered in response to periodic written Task Orders(each
"Task Order")issued by the City on an as-needed basis.For each task or assignment,the City shall request
the Consultant to develop for review by the City:
i. A scope of services.
ii. An estimate of fees and costs based on the hourly rates established in this Agreement with sufficient
detail to identify the various elements of costs,which amount shall constitute a guaranteed maximum
and shall not be exceeded without the prior written approval of City;
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iii. A task/deliverable schedule;and
iv. A payment schedule based on deliverables,which may not be front-loaded.
The Consultant and City shall execute a written Task Order upon mutual agreement of the scope of
services,fees and costs,task/deliverable schedule,and payment schedule. City shall not be liable to
pay for any Services provided without a properly executed Task Order. Upon complete execution of a
Task Order and issuance of a Purchase Order, Consultant shall provide all Services described in the
Task Order,including all necessary,incidental,and related activities required for the full and complete
performance of such Services.The form of the Task Order is attached hereto as Exhibit B. Any Task
Order over the then-current procurement policy threshold shall require approval of the City
Commission.
c. Use of Subconsultants. Consultant shall utilize only the subconsultants identified in a Task Order to
provide the Services. Consultant shall obtain written approval of City before changing or modifying any
subconsultants,which shall be automatically updated upon such written approval.Consultant shall bind
in writing each and every approved subconsultant to the terms stated in this Agreement and the applicable
Task Order, provided that this provision shall not, in and of itself, impose the insurance requirements set
forth in Article 24 on Consultant's subconsultants.
d. Services Provided in Response to Natural Disaster/Emergency.Consultant provides services that the
City may require in the event of a hurricane or other disaster.Consultant acknowledges and agrees that in
such event, the City may apply to the State of Florida or the federal government for funds which will be
used to pay Contractor or reimburse the City for payments made to Consultant. FEMA will only consider
reimbursing contracts which contain the requisite FEMA provisions.Consultant desires to be eligible to be
awarded disaster work and be compensated through federal funds. The City and Consultant agree that
with respect to any services or work performed or provided by Consultant or its subconsultants under this
Agreement arising or related to a disaster event, the provisions set forth in the FEMA Required Contract
Terms (the "FEMA Requirements"), a copy of which is attached hereto as Exhibit D and incorporated
herein by reference, shall apply. The FEMA Requirements shall only modify this Agreement upon the
provision by Consultant of work or services required as a result of a disaster.The terms and conditions of
the Agreement and the FEMA Requirements should be read to operate in concert,except where directly in
conflict. In the event of a conflict between the terms of the Agreement and the FEMA Requirements, the
FEMA Requirements shall govern and prevail.
2. TERM.This Agreement shall be for an initial term of THREE(3)years, commencing on January 21, 2025, and
shall remain in effect through January 20, 2028 ("Initial Term"), unless otherwise terminated or extended as
provided in this Agreement.
The City reserves the right to renew the Agreement for one(1)additional two-year renewal term(the"Extension
Term") on the same terms and conditions stated in this Agreement, subject to Consultant's satisfactory
performance as determined by the City, determination by the City that renewal will be in the best interest of
the City, and confirmation that Consultant is the sole source to provide the Services.The Mayor is authorized
to execute the term extension amendment(s).If Consultant requests a rate change at the time of renewal,such
change shall not become effective until a written amendment is approved by the City Commission and duly
executed by the Parties.
3. TIME FOR PERFORMANCE.
a. Commencement of Work. Services under the Agreement and any applicable Task Order shall
commence upon the City giving written notice to the Consultant to proceed along with a purchase
order. Consultant shall perform all Services and provide all deliverables required pursuant to this
Agreement and each Task Order. Time is of the essence for the Consultant's performance of the
duties,obligations,and responsibilities required by this Agreement.
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b. Delays;Untimely Performance.
i. Delays;No Fault of Consultant. If Consultant is unable to timely complete all or any portion
of the Services because of delays resulting from untimely review by the City or other
governmental agencies having jurisdiction over the project and such delays are not the fault
of Consultant, or because of delays caused by factors outside the control of Consultant,the
City shall grant a reasonable extension of time for completion of the Services. It shall be the
responsibility of the Consultant to notify the City in writing whenever a delay in approval by a
governmental agency is anticipated or experienced and whenever a delay has been caused
by factors outside of the Consultant's control and to inform the City of all facts and details
related to the delay. Consultant must provide such written notice to the City within three (3)
business days after the occurrence of the event causing the delay.
ii. Delays Due to Consultant.If Consultant fails to substantially complete the Services in whole
or in part on or before the date established in each Task Order, Consultant shall pay City its
proportional share of any claim for damages arising out of the delay. This section shall not
affect either Party's indemnification rights or obligations otherwise outlined in this
Agreement.
c. If Task Order Continues Beyond Term.Consultant shall complete each executed Task Order without
regard to whether such completion would cause Services to be performed after the expiration date of
this Agreement. Any Task Order for which performance extends beyond the Term may be amended
after that expiration date, provided that any additional Services, time, and compensation are
permitted under this Agreement.The terms and conditions of this Agreement shall continue to govern
Task Orders notwithstanding the expiration of this Agreement.
4. AMOUNT AND METHOD OF COMPENSATION.
a. Compensation. As compensation for Services rendered by the Consultant to the City pursuant to a
duly executed Task Order.The Fee is based on the Hourly Rates outlined in the Fee Schedule attached
hereto as Exhibit C and incorporated into this Agreement by reference.
b. The Fee shall be the sole compensation paid to Consultant in connection with the rendition of the
Services and the performance of any and all of its other obligations under this Agreement and shall
include any out-of-pocket or other expenses, including travel expenses, incurred by Consultant.
c. Subconsultant Fees. If sub consulting is permitted, the Consultant shall bill the City for sub-
consultant fees with no markup and within any applicable maximum not-to-exceed amount.
d. CPI Increases.All prices for the Initial Term (THREE YEARS) are fixed in accordance with the pricing
stated in the Agreement. Consultant may request a price adjustment for labor unit prices for any
applicable extension term.This request must be in writing, submitted to the City at least ninety(90)
days before the start of the next applicable Extension Term, and accompanied by documentation to
substantiate the need for the price adjustment.
Any price adjustment will be consistent with the Consumer Price Index ("CPI").The CPI data will be
obtained from the U.S. Bureau of Labor Statistics table for CPI for All Urban Consumers("CPI-U"),All
items in Miami-Fort Lauderdale-West Palm Beach, FL,all urban consumers, not seasonally adjusted
or as amended or replaced by the agency.The City will designate a reasonably similar index if no such
index is published.
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In its sole discretion,the City will determine if Consultant's requested adjustment is in the City's best
interest based on current market conditions and information regarding similar services in the area.
City approval is required for any price adjustment requested by Consultant; the City will provide
written notification to Consultant of City's decision to approve or reject any requested adjustment.
The City may also initiate a price adjustment consistent with the CPI-U;unless otherwise stated in the
Agreement,Consultant's written approval is required for any price adjustment initiated by City.
If approved by the City,the CPI price adjustment percentage is calculated as follows: the difference
of the CPI current period less the CPI previous period, divided by the CPI previous period,times 100.
The CPI current period means the most recently published monthly index before the Agreement's
annual anniversary.The CPI previous period means for the same month of the prior year. Any year's
CPI price adjustment percentage will not exceed a maximum change of three percent(3%).
Consultant acknowledges that any adjustment is at the City's sole discretion,and if the City does not
approve any such adjustment, Consultant is obligated to perform the Services in full for the entire
Term without the requested adjustment to pricing.
5. NOTICES. All Notices to the City shall be in writing by certified mail return receipt requested, or customarily
used overnight transmission with proof of delivery,sent to:
City: Daniel Dugger, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone:(561)742-6010/Facsimile:(561)742-6090
Copy: Shawna G. Lamb,City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone:(561)742-6010/Facsimile:(561)742-6090
Consultant: C.A.P.Government, Inc.
343 Almeria Avenue
Coral Gables, Florida 33134
Monica De Castro
Telephone:305-448-1711 3433
Email: mdcastro@capfla.com
65-0121594
Registered Agent Name and Address(Sunbiz):
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301-2525
6. INVOICES AND PAYMENT. Invoices must identify the PO number Task Order project description and should
be mailed to:
Boynton Beach Finance Department
Attn:Accounts Payable
RFP No.8025-014R.BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 4 C.A.P GOVERNMENT,INC
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P.O. Box 310
Boynton Beach, FL 33425
Invoices shall show the nature of the service and dates(s)of service. Invoices based on hourly rates shall show
the actual hours worked, the person performing services, the nature of the service, the hourly rate, and the
dates(s) of service. Invoices may be submitted after such services are performed; however, all services
rendered before September 30th of any given year must be invoiced by September 30th of that year.Consultant
shall provide a W-9 with the first invoice.
Payment shall be made only for services actually performed and completed pursuant to a duly executed Task
Order and this Agreement. The fee shall be paid based on receipt of a proper invoice in accordance with the
invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in
accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No
payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by
Consultant, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve
Consultant of liability for the defective,faulty,or incomplete rendition of the Services.
7. TAX EXEMPT. Prices applicable to the City do not include applicable state and local sales, use, and related
taxes.The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. The
City will provide the Consultant with proof of tax-exempt status upon request.
8. SOVEREIGN IMMUNITY. Nothing contained in this Agreement nor contained herein shall be considered nor
construed to waive the City's rights and immunities under the common law or section 768.28,Florida Statutes,
as may be amended.
9. ATTORNEY'S FEES.If either Party brings suit to enforce the Agreement,each Party shall bear its own attorney's
fees and court costs.
10. PUBLIC RECORDS.The City is a public agency subject to Chapter 119, Florida Statutes.The Consultant shall
comply with Florida's Public Records Law.Specifically,the Consultant shall:
a. Keep and maintain public records required by the City to perform the service when utilizing non-City-
owned equipment;
b. Upon request from the City's custodian of public records,provide the City with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119, Fla.Stat.or as otherwise provided by law;
c. Ensure that public records that are exempt or that are confidential and exempt from public record
disclosure requirements are not disclosed except as authorized by law for the duration of the contract
term and, following completion of the contract, Consultant shall destroy all copies of such
confidential and exempt records remaining in its possession once the Consultant transfers the
records in its possession to the City;and
d. Upon completion of the contract,Consultant shall transfer to the City,at no cost to the City,all public
records in Consultant's possession.All records stored electronically by Consultant must be provided
to the City, upon request from the City's custodian of public records, in a format compatible with the
City'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 CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS:
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City of Boynton Beach
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@bbfl.us
11. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN.
Consultant represents that it has not been placed on the "discriminatory vendor list" as provided in Section
287.134,Florida Statutes,and that it is not a"scrutinized company"pursuant to Sections 215.473 or 215.4725,
Florida Statutes.Consultant represents and certifies that it is not,and for the duration of the Term,will not be,
ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Consultant
represents that it is, and for the duration of the term will remain, in compliance with Section 286.101, Florida
Statutes.
12. E-VERIFY. Consultant shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including
registering and using the E-Verify system to verify the work authorization status of employees. Failure to
comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to
termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the
termination date. If this Agreement is terminated for a violation of the statute by Consultant, Consultant may
not be awarded a public contract for one(1)year after the date of termination.
13. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Consultant or any
subconsultant will have access to an individual's personal identifying information under this Agreement.
Consultant represents and certifies: (i) Consultant is not owned by the government of a foreign country of
concern; (ii)the government of a foreign country of concern does not have a controlling interest in Consultant;
and (iii) Consultant r is not organized under the laws of and does not have its principal place of business in, a
foreign country of concern. On or before the effective date of this Agreement, Consultant and any
subconsultant that will have access to personal identifying information shall submit to City executed
affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of
the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is
included in the requirements of a proper invoice for purposes of Section 6.Terms used in this section that are
not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138,
Florida Statutes.
14. ANTI-HUMAN TRAFFICKING.On or before the effective date of this Agreement, Consultant shall provide City
with an affidavit attesting that the Consultant does not use coercion for labor or services, in accordance with
Section 787.06(13), Florida Statutes.
15. COUNTRIES OF CONCERN. The Consultant represents that it is and will remain in compliance with Section
286.101, Florida Statutes,for the duration of the term.
16. PUBLIC ENTITY CRIME ACT. Consultant represents that it is familiar with the requirements and prohibitions
under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this
Agreement will not violate that Act. Consultant further represents that there has been no determination that it
committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been
formally charged with committing an act defined as a"public entity crime"regardless of the amount of money
involved or whether Consultant has been placed on the convicted vendor list.
17. CONTINGENCY FEE. Consultant represents and warrants that it has not employed or retained any person or
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entity, 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 or entity, 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 or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the
Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a)is deemed included and
fully incorporated herein.
18. TRUTH-IN-NEGOTIATION REPRESENTATION. Consultant's compensation under this Agreement is based
upon its representations to City. Consultant certifies that the wage rates, factual unit costs, and other
information supplied to substantiate Consultant's compensation, including, without limitation, in the
negotiation of this Agreement, are accurate, complete, and current as of the date Consultant executes this
Agreement. Consultant's compensation may be reduced by City, in its sole discretion, to correct any
inaccurate, incomplete, or noncurrent information provided to City as the basis for Consultant's
compensation in this Agreement.
19. DULY LICENSED.Consultant represents that it is duly licensed to perform the Services under this Agreement
and will continue to maintain all licenses and approvals required to conduct its business.
20. FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is prevented by reason
of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health
emergency,or by labor strike,war,or by a law,order,proclamation,regulation,ordinance of any governmental
agency (collectively, "Force Majeure Event"), the Party so affected, upon giving prompt notice to the other
Party, shall be excused from such performance to the extent of such prevention, provided that the affected
Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall
continue to take reasonable steps to avoid and remove such cause,and shall promptly notify the other Party
in writing and resume performance hereunder whenever such causes are removed;provided, however,that if
such inability to perform due to the Force Majeure Event exceeds sixty(60) consecutive days, the Party that
was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement
upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right
either Party may otherwise have to terminate this Agreement.
21. DISPUTES. Any disputes that arise between the parties regarding the performance of this Agreement and
cannot be resolved through negotiations shall be submitted to a court of competent jurisdiction exclusively in
Palm Beach County, Florida.This Agreement shall be construed under Florida Law.
22. TERMINATION.
a. Termination for Convenience. This Agreement may be terminated by either Party for convenience
upon fourteen(14)calendar days of written notice.In this event,the Consultant shall be compensated
for services performed through the termination date, including services reasonably related to
termination.
b. Termination for Cause. In addition to all other remedies available to the aggrieved Party, this
Agreement shall be subject to cancellation by either Party for cause, should the other Party neglect or
fail to perform or observe any of the terms, provisions, conditions,or requirements herein contained,
if such neglect or failure shall continue for thirty(30)calendar days after receipt by the defaulting Party
of written notice of such neglect or failure.
c. In the event of termination, the City shall compensate the Consultant for all authorized work
satisfactorily performed through the termination date under the payment terms contained in this
Agreement.Consultant shall immediately deliver all documents,written information,electronic data,
and other materials concerning City projects in its possession to the City and shall cooperate in
transitioning its consulting duties to appropriate parties at the direction of the City.
d. Upon termination,this Agreement shall have no further force or effect,and the Parties shall be relieved
of all further liability hereunder,except that the provisions of this section and the provisions regarding
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property rights, insurance, indemnification, governing law, and litigation shall survive termination of
this Agreement and remain in full force and effect.
23. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City and its elected and appointed
officers, agents, assigns and employees, consultants, separate Consultants, any of their subconsultants, or
sub-subconsultants (collectively, "Indemnified Party"), from and against claims, demands, or causes of
action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to
attorneys'fees, including paralegal expenses, liabilities, damages, orders,judgments, or decrees, sustained
by the Indemnified Party arising out of or resulting from(A)Consultant's performance or breach of Agreement,
(B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Consultant's, its agents,
employees,subcontractors,subconsultants,participants,and volunteers,and(C)Consultant's failure to take
out and maintain insurance as required under this Agreement. Consultant shall pay all claims and losses in
connection therewith and shall investigate and defend all claims,suits,or actions of any kind or nature against
an Indemnified Party,where applicable, including appellate proceedings, and shall pay all costs,judgments,
and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely
regardless of termination of the Agreement. If considered necessary by the City and the City Attorney, the City
may retain any sums due Consultant under this Agreement until all claims subject to this indemnification
obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of
interest by the City.
24. INSURANCE.At the time of execution of this Agreement, the Consultant shall provide the City with a copy of
its Certificate of Insurance reflecting the following insurance coverage:
a. Workers' Compensation Insurance to apply for all employees in compliance with the "Workers'
Compensation Law"of the State of Florida and all applicable federal laws. In addition,the policy(ies)
shall include Employer's Liability with limits of One Million Dollars($1,000,000.00)each accident,One
Million Dollars($1,000,000.00)each condition,and One Million Dollars($1,000,000.00)aggregate by
condition.
b. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability shall
include:
Premises and/or Operations on an occurrence basis.
ii. Completed Operations Liability on an occurrence basis.
iii. Broad Form Property Damage.
iv. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold
harmless and/or indemnification agreement.
The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and
agents as additional insured.
c. Consultant shall require that each subconsultant maintains insurance coverage that adequately
covers the Services provided by that subconsultant on substantially the same insurance terms and
conditions required of Consultant under this article. Consultant shall ensure that all such
subconsultants comply with these requirements and that"and its officers,employees,and agents as
additional insured"is named as an additional insured under the subconsultants'applicable insurance
policies. Consultant shall not permit any subconsultant to provide Services unless and until all
applicable requirements of this article are satisfied.
25. LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is applicable,City shall
not be liable or responsible to Consultant beyond the amount remaining due to Consultant under the
Agreement, regardless of whether said liability be based in tort, contract, indemnity, or otherwise; and in no
event shall City be liable to Consultant for punitive or exemplary damages or lost profits or consequential
damages.
26. INDEPENDENT CONTRACTOR.The Agreement does not create an employee/employer relationship between
the Parties.The Parties intend that Consultant is an independent contractor under this Agreement and shall
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not be considered the City's employee for any purpose. Consultant shall not have the right to bind City to any
obligation not expressly undertaken by City under this Agreement
27. COMPLIANCE WITH LAWS. Consultant hereby warrants and agrees that at all times material to the
Agreement,Consultant shall perform its obligations in compliance with all applicable federal,state,and local
laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a
material breach of the Agreement.
28. BREACH OF REPRESENTATIONS. Consultant acknowledges that City is materially relying on the
representations, warranties, and certifications of Consultant stated in its Proposal and this Agreement, and
City shall be entitled to exercise any or all of the following remedies if any such representation,warranty, or
certification is untrue:(a)recovery of damages incurred;(b)termination of this Agreement without any further
liability to Consultant; (c) set off from any amounts due Consultant the total amount of any damage incurred;
and (d)debarment of Consultant.
29. ASSIGNMENT. If this Agreement and any interests granted herein shall be assigned,transferred, or otherwise
encumbered under any circumstances by Consultant, Consultant must gain prior written consent from City
thirty (30) business days before such transfer. For purposes of this Agreement, any company ownership
change shall constitute an assignment that requires the City's approval. Notwithstanding the foregoing,
Consultant may, without City's consent, assign this Agreement in whole or in part as part of a corporate
reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement.
Consultant shall provide City written notice of any such corporate reorganization, consolidation, merger, or
sale of substantially all of its assets related to this Agreement within thirty(30)calendar days of such event.
30. NO LIEN.The Consultant shall not at any time permit any lien, attachment, or any other encumbrance under
the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded
against the City, against any City property or money due or to become due for any work done or materials
furnished under this Agreement by Consultant.
31. AGREEMENT SUBJECT TO FUNDING.The Agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City Commission of the City of
Boynton Beach in the annual budget for each fiscal year of this Agreement and is subject to termination based
on lack of funding.
32. NON-EXCLUSIVE.This Agreement is non-exclusive.City may retain additional entities to perform the same or
similar work.
33. REPRESENTATION OF AUTHORITY. Consultant represents and warrants that this Agreement constitutes the
legal,valid,binding,and enforceable obligation of Consultant and that neither the execution nor performance
of this Agreement constitutes a breach of any agreement that Consultant has with any third party or violates
applicable law. Consultant further represents and warrants that execution of this Agreement is within
Consultant's legal powers, and each individual executing this Agreement on behalf of Consultant is duly
authorized by all necessary and appropriate action to do so on behalf of Consultant and does so with full legal
authority.
34. RIGHTS IN DOCUMENTS AND WORK.
a. Ownership. Any and all videos, photographs, documents, materials, data, or other work created by
Consultant in connection with performing services,whether finished or unfinished("Documents and
Work"), shall be owned by City, and Consultant hereby transfers to City all right, title, and interest,
including any copyright or other intellectual property rights, in or to the Documents and Work.
b. DDeJiverab_les Upo_n_Oonolusion of Task Order. Consultant shall deliver to the City for approval and
acceptance,and before being eligible for final payment of any amounts due under any Task Order, all
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documents and materials prepared for the City in connection with the Task Order.All such documents
and records shall be provided within a reasonable time at no additional cost. Such documents may
be provided electronically.
c. Delivery Upon Expiration or Termination of Agreement. Upon expiration or termination of this
Agreement, the Documents and Work shall become the property of City and shall be delivered by
Consultant to City within seven (7) days after expiration or termination. Any compensation due to
Consultant may be withheld until all Documents and Work are received as provided in this Agreement.
Consultant shall ensure that the requirements of this section are included in all agreements with all
subconsultant(s).
d. Reuse of Project Documents. City may, at its option, reuse (in whole or in part) the resulting end-
product or deliverables resulting from Consultant's Services (including, but not limited to, drawings,
specifications, other documents, and services as described herein and in the applicable Scope of
Services for any Task Order); and Consultant agrees to such reuse in accordance with this provision.
35. CONSULTANT'S STAFF. Consultant will provide the key staff identified in its Proposal as long as they are in
Consultant's employment. Consultant will obtain prior written approval from the City to change key staff.
Consultant shall provide City with such information as necessary for City to determine the suitability of
proposed new key staff. City will be reasonable in evaluating key staff qualifications. If City desires to request
removal of any of Consultant's staff, City shall first meet with Consultant and provide reasonable justification
for said removal; upon such reasonable justification, Consultant shall use good faith efforts to remove or
reassign the staff at issue.
36. THIRD-PARTY BENEFICIARIES. Neither Consultant nor City intends to primarily or directly benefit a third party
by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this
Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon
this Agreement.
37. MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation set forth in this Agreement
was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set
forth in this Agreement is substantial and essential to the formation of this Agreement, and each is,therefore,
a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any
subsequent breach and shall not be construed as a modification of this Agreement.To be effective,any waiver
must be in writing and signed by an authorized signatory of the Party granting the waiver.
38. COUNTERPARTS AND MULTIPLE ORIGINALS.This Agreement may be executed in multiple originals and may
be executed in counterparts,whether signed physically or electronically,each of which shall be deemed to be
an original, but all of which,taken together, shall constitute one and the same agreement.
39. NON-DISCRIMINATION.Consultant and any subconsultants shall not discriminate on the basis of race,color,
sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy,
or gender identity and expression in the performance of this Agreement.
40. CONTROLLING PROVISIONS. Except as otherwise specifically provided herein, in the event of any conflict
between the specific provisions of this Agreement and the requirements or provisions of the RFP and/or
Proposal,the provisions shall be given precedence in the following order: (1)this Agreement, (2)the RFP; and
(3)the Proposal.Wherever possible,the provisions of the documents shall be construed in such a manner as
to avoid conflicts between the provisions of the various documents.
41. ENTIRE AGREEMENT.The Agreement, including the RFP,the Proposal,and the Exhibits that are incorporated
into this Agreement in their entirety,embody the entire agreement and understanding of the parties concerning
the subject matter of this Agreement and supersede all prior and contemporaneous agreements and
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 10 C A .GOVERNMENT,INC
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understandings, oral or written, relating to said subject matter. This Agreement may only be modified by a
written amendment executed by the City and Consultant.
42. SEVERABILITY.If any provision of this Agreement or application thereof to any person or situation shall,to any
extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such
provisions to persons or situations other than those as to which it shall have been held invalid or
unenforceable,shall not be affected thereby,and shall continue in full force and effect,and be enforced to the
fullest extent permitted by law.
RFP No.8025-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 11 C.A.P.GOVERNMENT,INC
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IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above.
CITY OF BOYNTON BEACH, FLORIDA C a S ,Ti
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Ty P-•. f-', ray. (Signature),C.A.P.GOVER MENT, INC
Carlos A. Penin, PE
Print Name of Authorized Official
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Approved as to Form: .S1,,"(
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REP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 12 C A P GOVERNMENT.INC
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City of Boynton Beach
EXHIBIT A
SCOPE OF SERVICES
In an effort to maintain good service and be responsive to its citizens, the Building Division desires to
secure the services of a qualified firm to perform daily plan reviews for residential and commercial building
applications, review Business Use Certificates for changes in occupancy requirements under the Florida
Building Code, and inspection services (Business Use Certificate, generic inspections (A generic
inspection is to verify work without permits or unsafe structure, a stop work order may be required to be
issued for work w/o permits.), building, plumbing, electric, mechanical (HVAC) for structures in which the
City of Boynton Beach has issued permits. Inspection and plan review services shall be conducted under
the City's and all other federal, state, and local laws, rules, regulations, directives, codes, and ordinances.
A. Inspection and Plan Review services shall include, but not be limited to, general building,
mechanical (HVAC), plumbing, structural, and electrical, as well as providing all administrative
documentation as required by the City.
B. Inspect permitted construction within the City limits for compliance with City codes and ordinances
and permitted plans and specifications.
C. Receive and investigate alleged complaints of working without permits, operating a business
without a Business Use Certificate, code violations, etc., by citizens, City employees, and others,
including appearances before the Code Enforcement Board where appropriate.
D. Inspect new and transferred business uses. Review applications and research past use to
determine possible changes in building code requirements for occupancy.
E. Prepare written reports of inspections and investigations of complaints and other reports as may
be reasonably requested by the City. City inspection forms must be used.
F. Maintain records of inspections and investigations. Log daily inspections and results in the
computer system.
G. Review plans for code compliance. Maintain records of reviews and investigations. Log daily
reviews and results in the computer system.
H. Review and maintain all records required by the Federal Emergency Management Agency
(FEMA) in association with processing building permits in the format required by FEMA.
Contact contractors, architects, engineers, and citizens about construction projects, code
questions, and other concerns.
J. Coordinate activities with the City's Planning and Zoning Consultants, the City's Fire Marshall,
and the City's Code Enforcement Officers.
K. Perform other duties that are related to or incidental to the Inspector's or Plan Reviewer's primary
duties as described herein and that the City may assign from time to time.
L. Perform these duties during normal business hours of 8:00 AM to 5:00 PM, Monday through
Friday, as needed or as may be altered with mutual agreement, as well as irregular hours as
required during an emergency or natural disaster.
M. Report to the City's Building Official or designee.
N. Inspection personnel may be required to attend meetings or to provide consultation to the City.
O. Provide services regarding Unsafe Buildings as described in the Boynton Beach Administrative
Amendment to the Florida Building Code, inspect, post and record violations and provide support
to the Building Official or designee.
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 13 C.A.P.GOVERNMENT,INC
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City of Boynton Beach °"°
P. Provide services of an application technician to cover the counter, answer phone calls, receive
permit applications, review applications for completeness, calculate applicable fees, receives
payments, issue permits, and schedule inspections.
Q. All inspectors and examiners assigned to the City's contract shall have a valid driver's license in
the State of Florida and be able to pass a background security check relevant to the position.
R. Inspection Services and Plan Review shall be provided in the event of a natural disaster (i.e.
hurricane). Services shall be provided in emergency situations as follows:
a. During a declared emergency, Firm shall be responsible for staffing the EOC when
operational and assisting with damage assessment and safety inspections. The Building
Code Administrator shall have immediate access to building plans and other essential
building information.
b. Firm shall work with the City during post-disaster(natural or man-made)times in restoring
Plan Review and Inspection Services pursuant to the Florida Building Code and executive
orders of the Governor. The firm shall provide personnel to assist with damage
assessment teams. The firm shall serve as a resource and consultant in the relevant
discipline areas, assisting the operational decision-making process and performing other
duties as deemed necessary to restore overall safety and services.
c. The firm shall provide personnel in each discipline who shall be able to respond within one
(1) hour(24 hours/day, 7 days/week)to any emergency call-out by the City's Fire Rescue,
Law Enforcement or any authorized City representative.
d. If services are provided in response to an emergency, the FEMA Requirements shall apply
to those services.
Key Negotiation Points:
A. Billing for Training
a. To reduce costs, the Consultant shall only train one staff member on the permitting
software system.
b. This trained staff member would then train other inspectors internally, ensuring the City is
not repeatedly charged for training hours.
B. Inspection Scheduling
a. The Building Department shall notify the company to schedule inspections for the following
day.
C. Data Entry into Permitting Software
a. Consultant shall enter Inspection results directly into the permitting software system at the
time of the inspection.
b. Inspections end by 3:00 p.m. every day, and the Consultant shall inform the Building
Department if a follow-up inspection needs to be scheduled the following day.
RFP No.8025-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 14 C.A.P.GOVERNMENT.INC
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City of Boynton Beach a.
SAMPLE
EXHIBIT B
FORM OF TASK ORDER
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CITY OF BOYNTON BEACH
RFP No. BD25-014R
SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES(CONSULTANT)
Consultant:
Procurement:
1. Task/Project.
2. Agreement Reference.This Task Order shall be performed under the terms and conditions described within
the Continuing Consulting Services Agreement ("Agreement"), dated
, by and between the City of Boynton Beach and
3. Scope of Services. The scope of services and all required deliverables under this Task Order is attached as
Exhibit A.This Task Order is issued in accordance with Section 1(b)of the Agreement.
4. Project Schedule. Consultant shall deliver to the City the deliverables specified [within days
after the date of Notice to Proceed for such services]or[pursuant to the time periods specified in the Project
Schedule included in Exhibit A said time periods shall commence from the date of the Notice to Proceed for
such services].
5. Compnsation. Payment for the services authorized by this Task Order shall be in accordance with Article 5
of the Agreement. The total Fee to be paid to the Consultant under this Task Order shall not exceed
$ , based on the detailed fee schedule attached as Exhibit B, which shall be based on the Hourly
Rates established in the Agreement.
6. insurance. Consultant shall maintain insurance coverages in accordance with the Agreement and hereby
confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the
Agreement are on file with the City as of the date of this Task Order.
7. Exhibits.All attached Exhibits are incorporated fully into this Task Order and the Agreement.
8. Notice to Proceed.Consultant's receipt of a fully executed copy of this Task Order and a PO issued by the City
shall serve as the "Notice to Proceed" under this Task Order, effective as of the date the fully executed Task
Order and PO was emailed to the Consultant.
9. Incorporation;No Modification.The terms and conditions of the Agreement are hereby incorporated into this
Task Order. Nothing contained in this Task Order shall alter, modify, or change in any way the terms and
conditions of the Agreement with the City.
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 15 C A GOVERNMENT.INC
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City of Boynton Beach
CONSULT NT: CITY OF BOYNTON BEACH
By: _ Of . _ By: -
Ty Penserga, Mayor
Carlos A. Penin, PE
Print Name:
Date: 0.17 , 2025 Date: ,20_
Attest:
City Clerk
City Attv ney's Offi.
Approvaas to for•.. :tr. legality
By:
RFP No BD2S-014R.BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 16 C A P GOVERNMENT.INC
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City of Boynton Beach °
EXHIBIT C
FEE SCHEDULE/HOURLY RATES
The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out
or called for in this Bid.at the unit prices.and/or lump sums.hereinafter stated.
'Denotes a'MANDATORY"field
Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified).
If the line item and/or table is'NON-MANDATORY"and you are not bidding on it.leave the table and/or line item blank.Do not enter a
$0.00 dollar value.
Supplemental Inspections and Plan Review Services
The undersigned agrees to provide Supplemental Inspections and Plan Review Services as called for by the Scope of Services and
Proposal Documents and Agreement in the manner prescribed therein and to the standards of quality and performance established by the
City for the unit pnce stated in the spaces herein provided.
• SINGLE CERTIFICATION(Any one discipline as a Building,Mechanical_Electrical.or Plumbing Inspector/Plan Review)
• MULTIPLE CERTIFICATIONS(Any combination of Building.Mechanical,Electrical,or Plumbing Inspector/Plan Review)
• ONE DAY EQUALS EIGHT(8)HOURS
• TWO HOUR MINIMUM FOR HOURLY
•The grand total price will be used to calculate the number of points using the formula described in SECTION IV—
EVALUATION OF PROPOSALS.
Description of Services Estimated Potential Hours Annually Total Annual Cost
Single Discipline Field Inspector $88.5000 2000 $177.000.00
Single Discipline Plans Examiner $100.0000 2000 $200.000.00
Subtotal.$377,000.00
A LA CARTE-OPTIONAL SERVICES
Proposers should use this form for submitting its Fee Proposal.The following pricing is submitted
as-all-inclusive-to provide Supplemental Inspections and Plan Review Services in accordance with the requirements
identified in this Scope of Work and as set forth in this RFP document
✓ We will not be submitting for A LA CARTE-OPTIONAL SERVICES
Une Item AUDIT STAFF POSITION Needy Rates- Comments
1 Single Discipline Field Inspector $88.5000
2 Single Discipline Plans Inspector(Overtime) $115.0500
i Marti Discipline Field Inspector $92.5000
4 Mufti-Discipline Field Inspector (Overtime) $120.2500
5 Multi-Discipline Plans Examiner S105.0000
6 Mufti-Discipline Plans Examiner(Overtime) $136.5000
7 Business Inspector $80.0000
e Business Inspector (Overtime) $104.0000
9 Application Technician $55.0000
10 Application Technician (Overtime) $71.5000
11 Other $105.0000 Floodplain Reviewer
(specify in comments) $136.50 Floodplain Reviewer
(Overtime)
RFP No.8025-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 17 C.A.P.GOVERNMENT.INC
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EXHIBIT D
FEMA REQUIRED CONTRACT TERMS
The FEMA Requirements shall only modify the Contract upon the provision by the Contractor of work or services required
as a result of a disaster.
The term "Contractor", as used throughout shall mean the Contractor, Provider, Consultant, Supplier, etc., as applicable
with respect to the Contract or Agreement.
The term"Contract" as used throughout shall mean the underlying contract or agreement, as applicable.
FEMA Requirements. The City and Contractor agree that with respect to any services or work performed or provided by
Contractor or its subcontractors under the Contract arising or related to a disaster event, the provisions set forth in this
Addendum (including Form FHWA-1273)and 2 CFR Part 200 (collectively, the "FEMA Requirements")shall apply.The
FEMA Requirements shall only modify the Contract upon the provision by Contractor of work or services required
as a result of a disaster. The terms and conditions of the Contract and the FEMA Requirements should be read to
operate in concert, except where directly in conflict. In the event of a conflict between the terms of the Contract and
the FEMA Requirements, the FEMA Requirements shall govern and prevail.
A. Contracts to receive funding derived from federal grants must comply with federal guidelines.The federal funds appropriated by
the Federal Emergency Management Agency(FEMA)will be administered through the State of Florida.
B. In the event of a conflict between the FEMA Requirements listed in this section and other provisions of the Contract,the
FEMA Requirements will govern and prevail. Only FEMA provisions applicable to the Contract shall apply.
C. Payment. Payment shall be based on the unit rates/prices pursuant to the Contract Fee Schedule. The contractor
shall submit invoices covering no more than a 30-day period.
D. Remedies.
(1) Leeal Remedies. The city may enforce any breach of contract through a city-initiated lawsuit in a court of competent
jurisdiction to pursue temporary or permanent injunctive relief or any other legal or equitable remedy authorized by law
to cure, remove, prevent, or end a violation of any provision of this article. The City shall recover its court costs and
reasonable attorneys'fees in any legal proceedings commenced to enforce the contract.
(2) Additional Remedies. In addition to any other remedies provided for in the contract or to which the City may be entitled at
law or in equity, in the event of a breach or violation of the Contract by the Contractor,the Contractor shall be subject to
debarment or suspension from consideration for the award of additional contracts from the City,including but not limited to
contracts related to disaster relief or recovery,pursuant to the terms and procedures set forth in the City Code.
These remedies are cumulative, and the use of any appropriate remedy shall not constitute an election of other
remedies by the City.The use of one remedy shall not preclude the use of any other remedy. Nothing in this
article shall prohibit the City from enforcing the requirements of this article by any other legal means.
E. Termination or Suspension of Contract. The City may,by written notice to the Contractor,suspend any or all of the City's
obligations under the Contract due to the Contractor's failure to comply with applicable law or the terms of the Contract until
such time as the event or condition resulting in such suspension has ceased or been corrected.
F. Termination for Cause. The City shall have the right to terminate the Contract for cause, in the event of a breach
of the contract terms, upon five(5)-calendar days written notice to Contractor. In the event of termination, the City
shall compensate the Provider for all authorized services or work satisfactorily performed through the termination
date under the payment terms contained in the Contract. The City shall be liable for the payment of all portions of
materials, supplies, services, and facility orders which cannot be canceled and were placed prior to the effective
RFP No.BD26014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 18 G.A.P.GOVERNMENT.INC
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date of termination and other reasonable costs associated with the termination. Notwithstanding the preceding, under
no circumstances shall the City be liable to the Contractor for lost profits or overhead for work, materials, or services
not performed or delivered to the City. All other termination provisions in the Contract shall remain applicable.
G. Termination for Convenience. The City may terminate this Contract at its convenience with or without cause
upon written notice of termination to the Contractor. In the event of such a termination by the City, the City shall
be liableforthe payment of all Work properly performed prior to the effective date of termination and for all portions
of materials,supplies,services,and facility orders which cannot be canceled and were placed prior to the effective
date of termination and other reasonable costs associated with the termination. Notwithstanding the preceding,
under no circumstances shall the City be liable to the Contractor for lost profits or overhead for work,materials, or
services not performed or delivered to the City. All other termination provisions in the Contract shall remain
applicable.
H. Chances to Contract. Changes to the Contract terms and conditions which are within the scope of the Contract,
reasonable for completion of the contract scope, allowable under FEMA regulations, and mutually agreed, may be
made part of the Contract by written amendment duly executed by City and Contractor.
I. gaual Employment Opportunity.
(Applicable to All FEMA Construction Contracts)
During the performance of this Contract, the Contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion,sex,sexual orientation,gender identity, or national origin.The contractor will take affirmative
action to ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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.The contractor agrees to post in conspicuous places,available to employees
and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor,state that all qualified applicants will receive consideration for employment without regard to race,
color, religion,sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under this section and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules,regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the administering agency and the Secretary of Labor for
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purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, his contract may be canceled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)and the provisions
of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the
event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency, the contractor may request the United States to enter into
such litigation to protect the interests of the United States.The applicant further agrees that it will be bound by
the above equal opportunity clause with respect to its own employment practices when it participates in
federally assisted construction work: Provided, if the applicant so participating is a State or local government,
the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract. The applicant agrees that it will assist
and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance
of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing compliance. The
applicant further agrees that it will refrain from entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965,with a contractor debarred from, or who has not demonstrated
eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant
to Part 11, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply
with these undertakings, the administering agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such applicant; and refer
the case to the Department of Justice for appropriate legal proceedings
J. Civil Riahts.
(Applicable to All FEMA Contracts)
The following requirements will apply to the Contract and any sub-contracts:
(1) In In accordance with section 4 of the Age Discrimination in Employment Act of 19671 as amended,
29 U.S.C. §623, the Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age.
(2) Disabilities. In accordance with section 102 of the Americans with Disabilities Act,as amended,42 U.S.C.
§12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act,"29 C.F.R. Part 1630, pertaining to employment of persons with disabilities,and which
prohibits discrimination in the areas of employment, public accommodations, transportation,
telecommunications and government services.
K. Davis Bacon Act and Copeland Anti-Kickback Act.
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 20 CAP GOVERNMENT.INC
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City of Boynton Beach
(Applicable to Emergency Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and
Transit Security Grant Program construction contracts in excess of$2,000. Not applicable to other FEMA grant
and cooperative agreement programs, including the Public Assistance Program; Davis Bacon Act--40 USC s.
3141-3144 and 3146-3148, 2 CFR Part 200, Appendix II; Copeland Anti-Kickback Act--40 USC s. 3145)
In situations where the Davis-Bacon Act does not apply, neither does the Copeland Anti-Kickback Act.
Compliance with Davis Bacon Act (if applicable)
(1) The Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146- 3148)and
the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C.
3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
(2) The Contractor agrees to pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor.
(3) The Contractors will pay wages not less than once a week.
Compliance with Copeland Anti-Kickback Act
(1) Contractor. The Contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements
of 29 C.F.R. pt.3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and
such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for
debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
L. Contract Work Hours and Safety Standards Act.
(Applicable to all FEMA contracts in excess of $100,000 that involve the employment of mechanics or laborers;
29 CFR Part 5; 2 CFR Part 22,Appendix II, E)
(1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer
or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours
in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and
one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. U. S.
Department of Homeland Security Headquarters 500 C St SW Washington, D.C. 20042.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (b)(1)of this section the contractor and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in
the case of work done under contract for the District of Columbia or territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (b)(1)of this section, in the sum of$27 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (b)(1)of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or
the loan or grant recipient) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 21 C.A.P.GOVERNMENT,INC
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City of Boynton Beach "`a
as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (b)(1)through (4)of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1)through (4) of this
section.
M. Riahts to Inventions Made Under a Contract or Agreement.
(Applicable if FEMA award meets the definition of"funding agreement" under 37 C.F.R. §401.2(a)and the non-
Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work under that
"funding agreement". Does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire
Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster
Case Management Grant Program, and Federal Assistance to Individuals and Households - Other Needs
Assistance Grant Program. 37 CFR Part 401; 2 CFR Part 200, Appendix II, F).
The contractor acknowledges that it must comply with the requirements of 37 CFR Part 401 and any implementing
regulations issued by FEMA.
N. Clean Air Act and the Federal Water Pollution Control Act.
(Applicable to Contracts in Excess of$150,000)
Clean Air Act
(1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in
turn, report each violation as required to assure notification to the State, Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance provided by FEMA.
Federal Water Pollution Control Act
(1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in
turn, report each violation as required to assure notification to the State, Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance provided by FEMA.
O. Certification Reaardina Debarment. Suspension. Ineligibility and Voluntary Exclusion. (Applicable to All
FEMA Contracts and Subcontracts; Executive Order 12549, Executive Order 12689,2 CFR Part 180;2 CFR Part
3000)
a. By signing this Addendum, the Contractor is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in
denial of participation in this covered transaction. The Contractor shall submit an explanation
RFP No.BD25-014R.BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 22 C.A.P.GOVERNMENT.INC
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of why it cannot provide the certification set out below. The certification or explanation will be
considered in connection with the department or agency's determination whether to enter into
this transaction. However, failure of the Contractor to furnish a certification or an explanation
shall disqualify such a person from participation in this transaction.
c. The Contractor shall provide immediate written notice to the department or agency to whom
this proposal is submitted if any time the prospective primary participant learns that its
certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
d. This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such the Contractor is required to verify that none of the Contractor, its principals(defined
at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined
at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935).
e. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
f. This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the State, and the City,the Federal
Government may pursue available remedies, including but not limited to suspension and/or
debarment.
g. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of the Contract.
The Contractor further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
P. Certification Regarding Use of Contract Funds for Lobbyina - Byrd Anti-Lobbying.
(Byrd Anti-Lobbying (31 USC s. 1352)--Applicableto contracts in excess of$100,000. 2 CFR Part 200,
Appendix II)
Contractors with contracts of$100,000 or more shall file the required certification.Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal
contract, grant, or any other award covered by 31 U.S.C. §1352. Each tier shall also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the City who in turn will forward the certification(s)to FEMA.
(1) The Contractor certifies, by signing this Addendum, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract,grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 23 C.A.P.GOVERNMENT,INC
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c. This certification is a material representation of the fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than$10,000 and not more than $100,000 for each such failure.
d. The Contractor also agrees that he or she shall require that the language of this certification
be included in all lower-tier subcontracts, which exceed$100,000,and that all such recipients
shall certify and disclose accordingly.
e. The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understands and agrees that
the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and
Statements, apply to this certification and disclosure, if any.
P. procurement of Recovered Materials.
(Applicable to all FEMA contracts, 42 USC s. 6962; 2 CFR Part 200,Appendix II, K; 2 CFR s. 200.322)
(1) In the performance of this Contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA-designated items unless the product cannot be acquired-
a. Competitively within a timeframe providing for compliance with the contract performance
schedule;
b. Meeting contract performance requirements; or
c. At a reasonable price.
(2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines website,www.epa.gov/smm/comprehensiveprocurement-quideline-
cpq-program,
(3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act."
Q. Compliance with Federal Law. Reaulations. and Executive Orders.
(Applicable to all FEMA contracts)
This is an acknowledgment that FEMA financial assistance will be used to fund the Contract only. The
Contractor will comply with all applicable federal laws, regulations, executive orders, FEMA policies,
procedures, and directives as applicable, and as amended from to time, including but not limited to:
a. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42
USC Sec. 5121, et. seq.
b. Resource Conservation and Recovery Act
c. National Historic Preservation Act
d. Mandatory Standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act
R. Compliance with State and Federal Reporting Reauirements. The Contractor and its subcontractors shall
comply with and the Contract is subject to the requirements and regulations of the Federal Emergency
Management Agency and the State of Florida Division of Emergency Management pertaining to reporting.
S. Jmmiaration and Naturalization Act.
(Applicable to all FEMA contracts)
RFP No.BD2S014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 24 CA.P.GOVERNMENT.INC
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Contractor shall not knowingly employ unauthorized alien workers in violation of 8 USC§1324a(e)[§274A(a)(1)
and(e)] of the Immigration and Nationality Act] and such employment of unauthorized aliens shall be grounds
for unilateral termination of the Contract/Agreement.
T. Indemnity of Funding Entities.
(Applicable to all FEMA contracts)
Contractor hereby agrees to indemnify and hold harmless the State of Florida, the Government of the United
States of America (including but not limited to the Federal Emergency Management Agency and the Federal
Highway Administration), and the City and their officers, agents, employees, and elected officials from and
against any and all liability, claims, damages, demands, expenses, fees,fines, penalties, suits, proceedings,
actions and cost of actions,including attorneys'fees for trial and appeal,and for the preparation of same arising
out of Contractor's, its officers, agents, employees, and subcontractors'acts or omissions associated with this
Contract.
U. Performance and Payment Bonds.
(Applicable to all FEMA Construction Contracts}
If not already required under the Contract, and if requested by the City, the Contractor shall, prior to the
commencement of operations, furnish a Performance and Payment Bond, executed by a surety company
authorized to do business in the State of Florida, in the amount of the estimated contract value, which bond
shall be conditioned upon the successful completion of all work, labor, services, and materials to be provided
and furnished under the contract and the payment of all subcontractors, materials, and laborers. Said bonds
shall be subject to approval by the City.
V. Materials and Supplies.
(Applicable to all FEMA contracts)
All manufactured and unmanufactured articles, materials, and supplies which are acquired for public use under
this Contract have been produced in the United States as required by 41 USC §10a, unless it would not be in
the public interest or unreasonable in cost.
W. Access to Records.
(Applicable to all FEMA contracts; OHS Standard Terms and Conditions, v. 3.0)0V)
(1) The Contractor agrees to provide the City, State, FEMA, the Comptroller General of the United States
or any of their authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to the contract for the purposes of making audits, examinations,
excerpts and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract.
(4) The Contractor agrees to maintain all books, records, accounts and reports required under the Contract
for a period of not less than three (3)years after the date of termination or expiration of the Contract,
except in the event of litigation or settlement of claims arising from the performance of the Contract, in
which case Contractor agrees to maintain same until the City, the State, FEMA, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto.
(5) In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and
agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA
Administrator or the Comptroller General of the United States.
RFP No.BD2S014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 25 C.A.P.GOVERNMENT,INC
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X. PHS Seal. Loao and Flaas.
(Applicable to all FEMA contracts; OHS Standard Terms and Conditions, v. 3.0 XXV)
The Contractor shall not use the OHS seal(s), logos,crests or reproductions of flags or likenesses of OHS agency
officials without specific FEMA approval.
Y. Fraud and False or Fraudulent or Related Acts.
(Applicable to all FEMA contracts)
The Contractor acknowledges that 31 USC Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this Contract.
Z. No Obliaation by the Federal Government.
(Applicable to all FEMA contracts)
The Federal Government or FEMA is not a party to the Contract and shall not be subject to any obligations or
liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any
matter resulting from the contract.
AA. Additional FEMA Provisions.
(
(1) Affirmative Socioeconomic Steps. If subcontracts are to be let, the prime contractor is required to take all necessary
steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business
enterprises,and labor surplus area firms are used when possible.
(2) Copyrights and Data Rights. The Contractor grants to the City a paid-up, royalty-free, nonexclusive, irrevocable,
worldwide license in data first produced in the performance of this Contract to reproduce, publish, or otherwise use,
including prepare derivative works,distribute copies to the public,and perform publicly and display publicly such data.
For data required by the Contract but not first produced in the performance of this Contract,the Contractor will identify
such data and grant to the City or acquires on its behalf a license of the same scope as for data first produced in the
performance of this contract. Data,as used herein,shall include any work subject to copyright under 17 U.S.C. § 102,
for example, any written reports or literary works, software and/or source code, music, choreography, pictures or
images,graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and
architectural works. Upon or before the completion of this contract, the Contractor will deliver to the City data first
produced in the performance of this contract and data required by the contract but not first produced in the performance
of this contract in formats acceptable by the City.
BB. Subcontracts. (Applicable to all FEMA contracts)
To the extent applicable,the Contractor shall cause the inclusion of the provisions of this Addendum in all subcontracts.
RFP No.8D25-014R.BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 26 CAP.GOVERNMENT.INC
ATTACHMENT "A"
City of Boynton Beach
Risk Management
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing •
the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."
Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher.
(NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon
selection of Consultant) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the
limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require
additional types of insurance, or to raise orlower the stated limits, based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal &Adv. Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage (any one fire) $ 50,000.00
Broad Form Vendors Med. Expense(any one person) $ 5,000.00
Premises Operations
Underground Explosion&Collapse
Products-Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate -$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
Revised 04/2021
PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
RFP No:BD24-080 27 Insurance Advisory—Attachment A
ATTACHMENT "B"
SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE
(FOR INFORMATIONAL PURPOSES ONLY)
Instructions: Performance evaluations may be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Task Orders/Work Orders. Task Orders/Work
Orders/Purchase Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid-point of the project term or at
more frequent intervals as required by the Task Order/Work Order/Purchase Order and at the time of Task Order/Work Order/Purchase Order or Contract completion.
It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring
performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either"marginal"or"unsatisfactory"even when
this is not within the normal review cycle. In the event the Average Rating Score is "marginal"or"unsatisfactory" even after reasonable efforts have been taken by the City to improve
performance,the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances.
When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11)for all evaluations completed for the entire term of
the Contract, Task Order, and Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for
use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter
119, F.S.
Contract/Work Order No. Contractor Evaluation Period ❑ Interim
❑ Final
Project Title If evaluating under a work order contract, specify type
Check the appropriate ratings for Lines 1 through 8.
Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9.
Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10.
Divide the Total Rating Score in Line 10 by the number 8(the number of performance indicators in Lines 1-8)to produce the Average Rating Score in Line 11.
Performance Indicators Rating
Unsatisfactory Marginal Satisfactory Very Good Exceptional
1. Planning &Approach ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
2. Staff Capability ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
3. Staff Effectiveness 1 I 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
4. Flexibility in Meeting City's Goals ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
• 5. Promptness of Deliverables/Milestones/Reports 1 1112 ❑ 3 ❑ 4 ❑ 5
• 6. Report and Drawings Quality ❑ 1 ❑ 2 ❑ 3 ❑ 4 n 5
•
7. Quality of Work Completed ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
8. Contract Under or at Budgeted Cost and Invoicing Procedures ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
•
•
• 9. Individual Column Rating (Total lines 1-8.)
. PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
RFP No: BD24-080 28 Performance Evaluation Form-Attachment B
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10. Total Rating Score(Total row 9.)
11. Average Rating Score (Divide line 10 by the number 8)
In Lines 12 through 21, provide any additional detail, as deemed necessary,to support the ratings given in Lines 1 through 8 as well as any additional comments regarding Sub-
consultant/sub-contractor utilization on Line 20. Additional space is available on Line 22 if needed.
12. Current tasks completed and/or deliverables received? If no, reason: n Y• es
No
13. Current work completed ahead/on schedule? If no, number of days late: and reason: n Y• es
No
14. Contract currently under/at budgeted cost? If not at budget, specify amount over$ and reason: n Y• es
n N• o
15. Contractor strengths:
16. Contractor weaknesses:
17. Specific problems incurred:
18. How may these have been prevented?
19. Additional comments/recommendations:
20. Comments on sub-contractor utilization:
21. Currently recommend firm for future contracts,task orders, and/or work orders of this type? If"No"or"Possibly",an explanation must be n Yes
Project Manager(sign) Date Department Administrator(sign) Date n No
22. Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8)on Page 1 —explain marginal/unsatisfactory performance; if either
"No" or"Possibly"apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary.
Number Remarks
CONTRACT REVIEW/PROCUREMENT USE ONLY
Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2:
Number Remarks
#
#
Evaluation Number/Score: Comments:
Running Average Score:
Procurement Representative (sign) Date Other Required Approval(sign) Date
PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
RFP No:BD24-080 29 Performance Evaluation Form-Attachment B
Exhibit B
City of Boynton Beach
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GFA INTERNATIONAL,INC.,DBA UNIVERSAL
ENGINEERING SCIENCES(UES)FOR PROFESSIONAL SERVICES
RFP No. BD25-014R
SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES(CONSULTANT)
This Agreement is made as of this _16_day of January_, 2025_, by and between GFA INTERNATIONAL, INC., DBA
UNIVERSAL ENGINEERING SCIENCES.,a Florida Profit Corporation,with a principal address of 4205 VINELAND ROAD
SUITE L1 ORLANDO, FL 32811, hereinafter referred to as "Consultant," and the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue,
Boynton Beach, Florida 33435, hereinafter referred to as "City." In consideration of the mutual benefits, terms, and
conditions hereinafter specified,the Parties agree as set forth below.
WHEREAS,the City issued Request for Proposals No. BD25-014R(the"RFP")pursuant to state and local law
to solicit proposals for SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES(the"Services");and
WHEREAS,the Consultant responded to the RFP by submitting its Proposal dated December 10,2024(the
"Proposal"),and
WHEREAS,the City created an evaluation committee to review the proposals in a publicly noticed open-to-
the-public meeting on January 8,2025, in accordance with the requirements of the RFP;and
WHEREAS,the evaluation committee requested presentations from the top three ranked vendors on January
14,2025;and
WHEREAS,the City's evaluation committee selected the Consultant as the best qualified to perform the
Services;and
WHEREAS,the City desires to engage the Consultant to provide such services to the City on an as-needed
basis according to the terms and subject to the conditions set forth in this Agreement.
NOW THEREFORE,for and in consideration of the mutual covenants and promises as hereinafter set forth
and of the faithful performance of such covenants and conditions,the City and Consultant do hereby agree as
follows:
1. SERVICES AND METHOD OF ORDERING SERVICES.
a. Services.Consultant shall provide the type of services described in the Scope of Services attached hereto
as Exhibit A(which services are hereinafter referred to as the "Services"). Consultant may be requested
to provide specific Services for various and different tasks or projects.Consultant shall render the Services
in a diligent, careful, thorough, and professional manner consistent with sound business practice and
shall at all times provide City with the most sound and reasonable recommendations and advice. The
standard of care for all Services performed or furnished by the Consultant under this Agreement will be
the care and skill ordinarily used by members of the Consultant's profession practicing under similar
circumstances or at the same time and in the same locality.
b. Method of OrderingServices.Services will be rendered in response to periodic written Task Orders(each
"Task Order")issued bythe City on an as-needed basis.For each task or assignment,the City shall request
the Consultant to develop for review by the City:
i. A scope of services.
ii. An estimate of fees and costs based on the hourly rates established in this Agreement with sufficient
detail to identify the various elements of costs,which amount shall constitute a guaranteed maximum
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES I GFA INTERNATIONAL,INC.,OSA UNIVERSAL ENGINEERING SCIENCES(UES)
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and shall not be exceeded without the prior written approval of City.
iii. A task/deliverable schedule;and
iv. A payment schedule based on deliverables,which may not be front-loaded.
The Consultant and City shall execute a written Task Order upon mutual agreement of the scope of
services,fees and costs,task/deliverable schedule,and payment schedule.City shall not be liable to
pay for any Services provided without a properly executed Task Order. Upon complete execution of a
Task Order and issuance of a Purchase Order, Consultant shall provide all Services described in the
Task Order,including all necessary,incidental,and related activities required for the full and complete
performance of such Services.The form of the Task Order is attached hereto as Exhibit B. Any Task
Order over the then-current procurement policy threshold shall require approval of the City
Commission.
c. Use of Subconsultants. Consultant shall utilize only the subconsultants identified in a Task Order to
provide the Services. Consultant shall obtain written approval of City before changing or modifying any
subconsultants,which shall be automatically updated upon such written approval.Consultant shall bind
in writing each and every approved subconsultant to the terms stated in this Agreement and the applicable
Task Order, provided that this provision shall not, in and of itself, impose the insurance requirements set
forth in Article 24 on Consultant's subconsultants.
d. Setvic_esProvided in Response to Natural Disaster/Emergency. Consultant provides services that the
City may require in the event of a hurricane or other disaster.Consultant acknowledges and agrees that in
such event, the City may apply to the State of Florida or the federal government for funds which will be
used to pay Contractor or reimburse the City for payments made to Consultant. FEMA will only consider
reimbursing contracts which contain the requisite FEMA provisions. Consultant desires to be eligible to be
awarded disaster work and be compensated through federal funds. The City and Consultant agree that
with respect to any services or work performed or provided by Consultant or its subconsultants under this
Agreement arising or related to a disaster event, the provisions set forth in the FEMA Required Contract
Terms (the "FEMA Requirements"), a copy of which is attached hereto as Exhibit D and incorporated
herein by reference, shall apply. The FEMA Requirements shall only modify this Agreement upon the
provision by Consultant of work or services required as a result of a disaster.The terms and conditions of
the Agreement and the FEMA Requirements should be read to operate in concert,except where directly in
conflict. In the event of a conflict between the terms of the Agreement and the FEMA Requirements, the
FEMA Requirements shall govern and prevail.
2. TERM. This Agreement shall be for an initial term of THREE (3)years, commencing on January 21.2025, and
shall remain in effect through January 20, 2028 ("Initial Term"), unless otherwise terminated or extended as
provided in this Agreement.
The City reserves the right to renew the Agreement for one(1)additional two-year renewal term(the"Extension
Term") on the same terms and conditions stated in this Agreement, subject to Consultant's satisfactory
performance as determined by the City, determination by the City that renewal will be in the best interest of
the City, and confirmation that Consultant is the sole source to provide the Services.The Mayor is authorized
to execute the term extension amendment(s).If Consultant requests a rate change at the time of renewal,such
change shall not become effective until a written amendment is approved by the City Commission and duly
executed by the Parties.
3. TIME FOR PERFORMANCE.
a. Commencement of Work. Services under the Agreement and any applicable Task Order shall
commence upon the City giving written notice to the Consultant to proceed along with a purchase
order. Consultant shall perform all Services and provide all deliverables required pursuant to this
Agreement and each Task Order. Time is of the essence for the Consultant's performance of the
RFP No.8025-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 2 GFA INTERNATIONAL,INC.,DBA UNIVERSAL ENGINEERING SCIENCES(UES)
City of Boynton Beach
duties,obligations,and responsibilities required by this Agreement.
b. Delays;Untimely Performance.
i. Delays;No Fault ofConsuftant. If Consultant is unable to timely complete all or any portion
of the Services because of delays resulting from untimely review by the City or other
governmental agencies having jurisdiction over the project and such delays are not the fault
of Consultant, or because of delays caused by factors outside the control of Consultant,the
City shall grant a reasonable extension of time for completion of the Services. It shall be the
responsibility of the Consultant to notify the City in writing whenever a delay in approval by a
governmental agency is anticipated or experienced and whenever a delay has been caused
by factors outside of the Consultant's control and to inform the City of all facts and details
related to the delay. Consultant must provide such written notice to the City within three(3)
business days after the occurrence of the event causing the delay.
ii. Delays Due to Consultant.If Consultant fails to substantially complete the Services in whole
or in part on or before the date established in each Task Order, Consultant shall pay City its
proportional share of any claim for damages arising out of the delay. This section shall not
affect either Party's indemnification rights or obligations otherwise outlined in this
Agreement.
c. If Task Order Continues Beyond Term.Consultant shall complete each executed Task Order without
regard to whether such completion would cause Services to be performed after the expiration date of
this Agreement. Any Task Order for which performance extends beyond the Term may be amended
after that expiration date, provided that any additional Services, time, and compensation are
permitted under this Agreement.The terms and conditions of this Agreement shall continue to govern
Task Orders notwithstanding the expiration of this Agreement.
4. AMOUNT AND METHOD OF COMPENSATION.
a. Compensation.As compensation for Services rendered by the Consultant to the City pursuant to a
duly executed Task Order.The Fee is based on the Hourly Rates outlined in the Fee Schedule attached
hereto as Exhibit C and incorporated into this Agreement by reference.
b. The Fee shall be the sole compensation paid to Consultant in connection with the rendition of the
Services and the performance of any and all of its other obligations under this Agreement and shall
include any out-of-pocket or other expenses, including travel expenses, incurred by Consultant.
c. Subconsijttant Fees. If sub consulting is permitted, the Consultant shall bill the City for sub-
consultant fees with no markup and within any applicable maximum not-to-exceed amount.
d. CPI Increases.All prices for the Initial Term (THREE YEARS)are fixed in accordance with the pricing
stated in the Agreement. Consultant may request a price adjustment for labor unit prices for any
applicable extension term.This request must be in writing, submitted to the City at least ninety(90)
days before the start of the next applicable Extension Term, and accompanied by documentation to
substantiate the need for the price adjustment.
Any price adjustment will be consistent with the Consumer Price Index ("CPI").The CPI data will be
obtained from the U.S. Bureau of Labor Statistics table for CPI for All Urban Consumers("CPI-U"),All
items in Miami-Fort Lauderdale-West Palm Beach, FL,all urban consumers, not seasonally adjusted
or as amended or replaced by the agency.The City will designate a reasonably similar index if no such
index is published.
RFP No BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 3 GFA INTERNATIONAL,INC.,DBA UNIVERSAL ENGINEERING SCIENCES(UES)
-(r"
City of Boynton Beach
In its sole discretion,the City will determine if Consultant's requested adjustment is in the City's best
interest based on current market conditions and information regarding similar services in the area.
City approval is required for any price adjustment requested by Consultant; the City will provide
written notification to Consultant of City's decision to approve or reject any requested adjustment.
The City may also initiate a price adjustment consistent with the CPI-U;unless otherwise stated in the
Agreement,Consultant's written approval is required for any price adjustment initiated by City.
If approved by the City,the CPI price adjustment percentage is calculated as follows:the difference
of the CPI current period less the CPI previous period,divided by the CPI previous period,times 100.
The CPI current period means the most recently published monthly index before the Agreement's
annual anniversary. The CPI previous period means for the same month of the prior year. Any year's
CPI price adjustment percentage will not exceed a maximum change of three percent(3%).
Consultant acknowledges that any adjustment is at the City's sole discretion,and if the City does not
approve any such adjustment, Consultant is obligated to perform the Services in full for the entire
Term without the requested adjustment to pricing.
5. NOTICES. All Notices to the City shall be in writing by certified mail return receipt requested, or customarily
used overnight transmission with proof of delivery,sent to:
City: Daniel Dugger,City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone:(561)742-6010/Facsimile:(561)742-6090
Copy: Shawna G. Lamb,City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561)742-6010/Facsimile:(561)742-6090
Consultant: GFA INTERNATIONAL, INC.,DBA UNIVERSAL ENGINEERING SCIENCES(UES)
1215 Wallace Drive
Delray Beach, Florida 33444
Valerie Murphy
Telephone:407-544-9294 EXT: 1023
Email:vmurphy@universalengineering.com
65-0874962
Registered Agent Name and Address(Sunbiz):
COGENCY GLOBAL INC
115 NORTH CALHOUN ST.,SUITE 4
TALLAHASSEE, FL 32301-2525
6. INVOICES AND PAYMENT. Invoices must identify the PO number Task Order project description and should
be mailed to:
Boynton Beach Finance Department
Attn:Accounts Payable
RFP No.BD75.014R BUILDING INSPECTIONS AND PIAN REVIEW SERVICES4 GFA INTERNATIONAL.INC,DBA UNIVERSAL ENGINEERING SCIENCES(UES)
ti
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Invoices shall show the nature of the service and dates(s)of service. Invoices based on hourly rates shall show
the actual hours worked, the person performing services, the nature of the service, the hourly rate, and the
dates(s) of service. Invoices may be submitted after such services are performed; however, all services
rendered before September 30th of any given year must be invoiced by September 30th of that year.Consultant
shall provide a W-9 with the first invoice.
Payment shall be made only for services actually performed and completed pursuant to a duly executed Task
Order and this Agreement.The fee shall be paid based on receipt of a proper invoice in accordance with the
invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in
accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No
payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by
Consultant, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve
Consultant of liability for the defective,faulty, or incomplete rendition of the Services.
7. TAX EXEMPT. Prices applicable to the City do not include applicable state and local sales, use, and related
taxes.The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. The
City will provide the Consultant with proof of tax-exempt status upon request.
8. SOVEREIGN IMMUNITY. Nothing contained in this Agreement nor contained herein shall be considered nor
construed to waive the City's rights and immunities under the common law or section 768.28, Florida Statutes,
as may be amended.
9. ATTORNEY'S FEES.If either Party brings suit to enforce the Agreement,each Party shall bear its own attorney's
fees and court costs.
10. PUBLIC RECORDS.The City is a public agency subject to Chapter 119, Florida Statutes.The Consultant shall
comply with Florida's Public Records Law.Specifically,the Consultant shall:
a. Keep and maintain public records required by the City to perform the service when utilizing non-City-
owned equipment;
b. Upon request from the City's custodian of public records,provide the City with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119, Fla.Stat.or as otherwise provided by law;
c. Ensure that public records that are exempt or that are confidential and exempt from public record
disclosure requirements are not disclosed except as authorized by law for the duration of the contract
term and, following completion of the contract, Consultant shall destroy all copies of such
confidential and exempt records remaining in its possession once the Consultant transfers the
records in its possession to the City;and
d. Upon completion of the contract,Consultant shall transfer to the City,at no cost to the City,all public
records in Consultant's possession.All records stored electronically by Consultant must be provided
to the City, upon request from the City's custodian of public records, in a format compatible with the
City'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 CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS:
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICESS GFA INTERNATIONAL.INC.,DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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City of Boynton Beach °`
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@bbfl.us
11. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN.
Consultant represents that it has not been placed on the "discriminatory vendor list" as provided in Section
287.134,Florida Statutes,and that it is not a"scrutinized company"pursuant to Sections 215.473 or 215.4725,
Florida Statutes.Consultant represents and certifies that it is not,and for the duration of the Term,will not be,
ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Consultant
represents that it is, and for the duration of the term will remain, in compliance with Section 286.101, Florida
Statutes.
12. E-VERIFY. Consultant shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including
registering and using the E-Verify system to verify the work authorization status of employees. Failure to
comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to
termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the
termination date. If this Agreement is terminated for a violation of the statute by Consultant, Consultant may
not be awarded a public contract for one(1)year after the date of termination.
13. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Consultant or any
subconsultant will have access to an individual's personal identifying information under this Agreement.
Consultant represents and certifies: (i) Consultant is not owned by the government of a foreign country of
concern;(ii)the government of a foreign country of concern does not have a controlling interest in Consultant;
and (iii)Consultant r is not organized under the laws of and does not have its principal place of business in, a
foreign country of concern. On or before the effective date of this Agreement, Consultant and any
subconsultant that will have access to personal identifying information shall submit to City executed
affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of
the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is
included in the requirements of a proper invoice for purposes of Section 6.Terms used in this section that are
not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138,
Florida Statutes.
14. ANTI-HUMAN TRAFFICKING.On or before the effective date of this Agreement, Consultant shall provide City
with an affidavit attesting that the Consultant does not use coercion for labor or services, in accordance with
Section 787.06(13), Florida Statutes.
15. COUNTRIES OF CONCERN. The Consultant represents that it is and will remain in compliance with Section
286.101, Florida Statutes,for the duration of the term.
16. PUBLIC ENTITY CRIME ACT. Consultant represents that it is familiar with the requirements and prohibitions
under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this
Agreement will not violate that Act. Consultant further represents that there has been no determination that it
committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been
formally charged with committing an act defined as a"public entity crime"regardless of the amount of money
involved or whether Consultant has been placed on the convicted vendor list.
17. CONTINGENCY FEE. Consultant represents and warrants that it has not employed or retained any person or
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entity, 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 or entity, 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 or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the
Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a)is deemed included and
fully incorporated herein.
18. TRUTH-IN-NEGOTIATION REPRESENTATION. Consultant's compensation under this Agreement is based
upon its representations to City. Consultant certifies that the wage rates, factual unit costs, and other
information supplied to substantiate Consultant's compensation, including, without limitation, in the
negotiation of this Agreement, are accurate, complete, and current as of the date Consultant executes this
Agreement.Consultant's compensation may be reduced by City, in its sole discretion, to correct any
inaccurate, incomplete, or noncurrent information provided to City as the basis for Consultant's
compensation in this Agreement.
19. DULY LICENSED. Consultant represents that it is duly licensed to perform the Services under this Agreement
and will continue to maintain all licenses and approvals required to conduct its business.
20. FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is prevented by reason
of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health
emergency,or by labor strike,war,or by a law,order,proclamation,regulation,ordinance of any governmental
agency (collectively, "Force Majeure Event"), the Party so affected, upon giving prompt notice to the other
Party, shall be excused from such performance to the extent of such prevention, provided that the affected
Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall
continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the other Party
in writing and resume performance hereunder whenever such causes are removed; provided, however,that if
such inability to perform due to the Force Majeure Event exceeds sixty(60) consecutive days, the Party that
was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement
upon written notice to the other Party.This section shall not supersede or preclude the exercise of any right
either Party may otherwise have to terminate this Agreement.
21. DISPUTES. Any disputes that arise between the parties regarding the performance of this Agreement and
cannot be resolved through negotiations shall be submitted to a court of competent jurisdiction exclusively in
Palm Beach County, Florida.This Agreement shall be construed under Florida Law.
22. TERMINATION.
a. Termination for Convenience. This Agreement may be terminated by either Party for convenience
upon fourteen(14)calendar days of written notice.In this event,the Consultant shall be compensated
for services performed through the termination date, including services reasonably related to
termination.
b. Termination_forranne. In addition to all other remedies available to the aggrieved Party, this
Agreement shall be subject to cancellation by either Party for cause,should the other Party neglect or
fail to perform or observe any of the terms, provisions, conditions,or requirements herein contained,
if such neglect or failure shall continue for thirty(30)calendar days after receipt by the defaulting Party
of written notice of such neglect or failure.
c. In the event of termination, the City shall compensate the Consultant for all authorized work
satisfactorily performed through the termination date under the payment terms contained in this
Agreement.Consultant shall immediately deliver all documents,written information,electronic data,
and other materials concerning City projects in its possession to the City and shall cooperate in
transitioning its consulting duties to appropriate parties at the direction of the City.
d. Upon termination,this Agreement shall have no further force or effect,and the Parties shall be relieved
of all further liability hereunder,except that the provisions of this section and the provisions regarding
RFP No.8025-014R BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 7 GFA INTERNATIONAL,INC..DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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City of Boynton Beach °P
property rights, insurance, indemnification, governing law, and litigation shall survive termination of
this Agreement and remain in full force and effect.
23. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City and its elected and appointed
officers, agents, assigns and employees, consultants, separate Consultants, any of their subconsultants, or
sub-subconsultants (collectively, "Indemnified Party"), from and against claims, demands, or causes of
action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to
attorneys'fees, including paralegal expenses, liabilities, damages, orders,judgments, or decrees, sustained
by the Indemnified Party arising out of or resulting from(A)Consultant's performance or breach of Agreement,
(B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Consultant's, its agents,
employees,subcontractors,subconsultants,participants,and volunteers,and(C)Consultant's failure to take
out and maintain insurance as required under this Agreement. Consultant shall pay all claims and losses in
connection therewith and shall investigate and defend all claims,suits,or actions of any kind or nature against
an Indemnified Party,where applicable, including appellate proceedings, and shall pay all costs,judgments,
and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely
regardless of termination of the Agreement. If considered necessary by the City and the City Attorney, the City
may retain any sums due Consultant under this Agreement until all claims subject to this indemnification
obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of
interest by the City.
24. INSURANCE.At the time of execution of this Agreement, the Consultant shall provide the City with a copy of
its Certificate of Insurance reflecting the following insurance coverage:
a. Workers' Compensation Insurance to apply for all employees in compliance with the "Workers'
Compensation Law"of the State of Florida and all applicable federal laws. In addition,the policy(ies)
shall include Employer's Liabilitywith limits of One Million Dollars($1,000,000.00)each accident,One
Million Dollars($1,000,000.00) each condition, and One Million Dollars($1,000,000.00)aggregate by
condition.
b. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability shall
include:
Premises and/or Operations on an occurrence basis.
ii. Completed Operations Liability on an occurrence basis.
iii. Broad Form Property Damage.
iv. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold
harmless and/or indemnification agreement.
The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and
agents as additional insured.
c. Consultant shall require that each subconsultant maintains insurance coverage that adequately
covers the Services provided by that subconsultant on substantially the same insurance terms and
conditions required of Consultant under this article. Consultant shall ensure that all such
subconsultants comply with these requirements and that"and its officers,employees,and agents as
additional insured"is named as an additional insured under the subconsultants'applicable insurance
policies. Consultant shall not permit any subconsultant to provide Services unless and until all
applicable requirements of this article are satisfied.
25. LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is applicable,City shall
not be liable or responsible to Consultant beyond the amount remaining due to Consultant under the
Agreement, regardless of whether said liability be based in tort, contract, indemnity, or otherwise; and in no
event shall City be liable to Consultant for punitive or exemplary damages or lost profits or consequential
damages.
26. INDEPENDENT CONTRACTOR.The Agreement does not create an employee/employer relationship between
the Parties. The Parties intend that Consultant is an independent contractor under this Agreement and shall
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not be considered the City's employee for any purpose. Consultant shall not have the right to bind City to any
obligation not expressly undertaken by City under this Agreement
27. COMPLIANCE WITH LAWS. Consultant hereby warrants and agrees that at all times material to the
Agreement,Consultant shall perform its obligations in compliance with all applicable federal,state,and local
laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a
material breach of the Agreement.
28. BREACH OF REPRESENTATIONS. Consultant acknowledges that City is materially relying on the
representations, warranties, and certifications of Consultant stated in its Proposal and this Agreement, and
City shall be entitled to exercise any or all of the following remedies if any such representation, warranty, or
certification is untrue: (a)recovery of damages incurred;(b)termination of this Agreement without any further
liability to Consultant; (c)set off from any amounts due Consultant the total amount of any damage incurred;
and(d)debarment of Consultant.
29. ASSIGNMENT. If this Agreement and any interests granted herein shall be assigned,transferred,or otherwise
encumbered under any circumstances by Consultant, Consultant must gain prior written consent from City
thirty (30) business days before such transfer. For purposes of this Agreement, any company ownership
change shall constitute an assignment that requires the City's approval. Notwithstanding the foregoing,
Consultant may, without City's consent, assign this Agreement in whole or in part as part of a corporate
reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement.
Consultant shall provide City written notice of any such corporate reorganization, consolidation, merger, or
sale of substantially all of its assets related to this Agreement within thirty(30)calendar days of such event.
30. NO LIEN.The Consultant shall not at any time permit any lien, attachment, or any other encumbrance under
the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded
against the City, against any City property or money due or to become due for any work done or materials
furnished under this Agreement by Consultant.
31. AGREEMENT SUBJECT TO FUNDING.The Agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City Commission of the City of
Boynton Beach in the annual budget for each fiscal year of this Agreement and is subject to termination based
on lack of funding.
32. NON-EXCLUSIVE.This Agreement is non-exclusive.City may retain additional entities to perform the same or
similar work.
33. REPRESENTATION OF AUTHORITY. Consultant represents and warrants that this Agreement constitutes the
legal,valid, binding,and enforceable obligation of Consultant and that neither the execution nor performance
of this Agreement constitutes a breach of any agreement that Consultant has with any third party or violates
applicable law. Consultant further represents and warrants that execution of this Agreement is within
Consultant's legal powers, and each individual executing this Agreement on behalf of Consultant is duly
authorized by all necessary and appropriate action to do so on behalf of Consultant and does so with full legal
authority.
34. RIGHTS IN DOCUMENTS AND WORK.
a. Ownership. Any and all videos, photographs, documents, materials, data, or other work created by
Consultant in connection with performing services,whether finished or unfinished("Documents and
Work"), shall be owned by City, and Consultant hereby transfers to City all right, title, and interest,
including any copyright or other intellectual property rights, in or to the Documents and Work.
b. Deliverables Upon Conclusion oflask_Order. Consultant shall deliver to the City for approval and
acceptance,and before being eligible for final payment of any amounts due under any Task Order,all
RFP No.B025-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 9 GFA INTERNATIONAL.INC..DBA UNIVERSAL ENGINEERING SCIENCES(UES)
City of Boynton Beach
documents and materials prepared for the City in connection with the Task Order.All such documents
and records shall be provided within a reasonable time at no additional cost. Such documents may
be provided electronically.
c. Delivery Upon Expiration or Termination of Agreement. Upon expiration or termination of this
Agreement, the Documents and Work shall become the property of City and shall be delivered by
Consultant to City within seven (7) days after expiration or termination. Any compensation due to
Consultant may be withheld until all Documents and Work are received as provided in this Agreement.
Consultant shall ensure that the requirements of this section are included in all agreements with all
subconsultant(s).
d. Reuse of Project Documents. City may, at its option, reuse (in whole or in part) the resulting end-
product or deliverables resulting from Consultant's Services(including, but not limited to, drawings,
specifications, other documents, and services as described herein and in the applicable Scope of
Services for any Task Order);and Consultant agrees to such reuse in accordance with this provision.
35. CONSULTANT'S STAFF. Consultant will provide the key staff identified in its Proposal as long as they are in
Consultant's employment. Consultant will obtain prior written approval from the City to change key staff.
Consultant shall provide City with such information as necessary for City to determine the suitability of
proposed new key staff. City will be reasonable in evaluating key staff qualifications. If City desires to request
removal of any of Consultant's staff,City shall first meet with Consultant and provide reasonable justification
for said removal; upon such reasonable justification, Consultant shall use good faith efforts to remove or
reassign the staff at issue.
36. THIRD-PARTY BENEFICIARIES.Neither Consultant nor City intends to primarily or directly benefit a third party
by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this
Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon
this Agreement.
37. MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation set forth in this Agreement
was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set
forth in this Agreement is substantial and essential to the formation of this Agreement,and each is,therefore,
a material term.City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any
subsequent breach and shall not be construed as a modification of this Agreement.To be effective,any waiver
must be in writing and signed by an authorized signatory of the Party granting the waiver.
38. COUNTERPARTS AND MULTIPLE ORIGINALS.This Agreement may be executed in multiple originals and may
be executed in counterparts,whether signed physically or electronically,each of which shall be deemed to be
an original, but all of which,taken together, shall constitute one and the same agreement.
39. NON-DISCRIMINATION.Consultant and any subconsultants shall not discriminate on the basis of race,color,
sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy,
or gender identity and expression in the performance of this Agreement.
40. CONTROLLING PROVISIONS. Except as otherwise specifically provided herein, in the event of any conflict
between the specific provisions of this Agreement and the requirements or provisions of the RFP and/or
Proposal,the provisions shall be given precedence in the following order:(1)this Agreement, (2)the RFP;and
(3)the Proposal.Wherever possible,the provisions of the documents shall be construed in such a manner as
to avoid conflicts between the provisions of the various documents.
41. ENTIRE AGREEMENT.The Agreement, including the RFP,the Proposal,and the Exhibits that are incorporated
into this Agreement in their entirety,embody the entire agreement and understanding of the parties concerning
the subject matter of this Agreement and supersede all prior and contemporaneous agreements and
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City of Boynton Beach °`a
understandings, oral or written, relating to said subject matter. This Agreement may only be modified by a
written amendment executed by the City and Consultant.
42. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall,to any
extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such
provisions to persons or situations other than those as to which it shall have been held invalid or
unenforceable,shall not be affected thereby,and shall continue in full force and effect,and be enforced to the
fullest extent permitted by law.
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES11 GFA INTERNATIONAL.INC..DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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City of Boynton Beach "`°
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above.
Thomas D Digitally signed by
CITY OF BOYNTON Bi.CH, FLORIDA CONSULTANT Thomas D Montano
Date:2025.01.16
Montano
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Ty Pens- ayor (Signature),GFA INTERNATIONAL, INC., DBA UNIVERSAL
ENGINEERING SCIENCES(UES)
Thomas Montano
Print Name of Authorized Official
Branch Manager
Approved as to Form: Title
3A0A-614 Uel- X177
Shawna G.Lamb,City Attorney (Corporate Seal)
Attest/Authenticated:
Atte: e./Authenticated:
(Signature),Witness
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RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 12 GFA INTERNATIONAL.INC.,DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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City of Boynton Beach
EXHIBIT A
SCOPE OF SERVICES
In an effort to maintain good service and be responsive to its citizens, the Building Division desires to
secure the services of a qualified firm to perform daily plan reviews for residential and commercial building
applications, review Business Use Certificates for changes in occupancy requirements under the Florida
Building Code, and inspection services (Business Use Certificate, generic inspections (A generic
inspection is to verify work without permits or unsafe structure, a stop work order may be required to be
issued for work w/o permits.), building, plumbing, electric, mechanical (HVAC) for structures in which the
City of Boynton Beach has issued permits. Inspection and plan review services shall be conducted under
the City's and all other federal, state, and local laws, rules, regulations, directives, codes, and ordinances.
A. Inspection and Plan Review services shall include, but not be limited to, general building,
mechanical (HVAC), plumbing, structural, and electrical, as well as providing all administrative
documentation as required by the City.
B. Inspect permitted construction within the City limits for compliance with City codes and ordinances
and permitted plans and specifications.
C. Receive and investigate alleged complaints of working without permits, operating a business
without a Business Use Certificate, code violations, etc., by citizens, City employees, and others,
including appearances before the Code Enforcement Board where appropriate.
D. Inspect new and transferred business uses. Review applications and research past use to
determine possible changes in building code requirements for occupancy.
E. Prepare written reports of inspections and investigations of complaints and other reports as may
be reasonably requested by the City. City inspection forms must be used.
F. Maintain records of inspections and investigations. Log daily inspections and results in the
computer system.
G. Review plans for code compliance. Maintain records of reviews and investigations. Log daily
reviews and results in the computer system.
H. Review and maintain all records required by the Federal Emergency Management Agency
(FEMA) in association with processing building permits in the format required by FEMA.
Contact contractors, architects, engineers, and citizens about construction projects, code
questions, and other concerns.
J. Coordinate activities with the City's Planning and Zoning Consultants, the City's Fire Marshall,
and the City's Code Enforcement Officers.
K. Perform other duties that are related to or incidental to the Inspector's or Plan Reviewer's primary
duties as described herein and that the City may assign from time to time.
L. Perform these duties during normal business hours of 8:00 AM to 5:00 PM, Monday through
Friday, as needed or as may be altered with mutual agreement, as well as irregular hours as
required during an emergency or natural disaster.
M. Report to the City's Building Official or designee.
N. Inspection personnel may be required to attend meetings or to provide consultation to the City.
O. Provide services regarding Unsafe Buildings as described in the Boynton Beach Administrative
Amendment to the Florida Building Code, inspect, post and record violations and provide support
to the Building Official or designee.
RFP No.6025014RBUILDING INSPECTIONS AND PLAN REVIEW SERVICES 13 GFA INTERNATIONAL,INC DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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City of Boynton Beach
P. Provide services of an application technician to cover the counter, answer phone calls, receive
permit applications, review applications for completeness, calculate applicable fees, receives
payments, issue permits, and schedule inspections.
Q. All inspectors and examiners assigned to the City's contract shall have a valid driver's license in
the State of Florida and be able to pass a background security check relevant to the position.
R. Inspection Services and Plan Review shall be provided in the event of a natural disaster (i.e.
hurricane). Services shall be provided in emergency situations as follows:
a. During a declared emergency, Firm shall be responsible for staffing the EOC when
operational and assisting with damage assessment and safety inspections. The Building
Code Administrator shall have immediate access to building plans and other essential
building information.
b. Firm shall work with the City during post-disaster(natural or man-made)times in restoring
Plan Review and Inspection Services pursuant to the Florida Building Code and executive
orders of the Governor. The firm shall provide personnel to assist with damage
assessment teams. The firm shall serve as a resource and consultant in the relevant
discipline areas, assisting the operational decision-making process and performing other
duties as deemed necessary to restore overall safety and services.
c. The firm shall provide personnel in each discipline who shall be able to respond within one
(1) hour(24 hours/day, 7 days/week)to any emergency call-out by the City's Fire Rescue,
Law Enforcement or any authorized City representative.
d. If services are provided in response to an emergency, the FEMA Requirements shall apply
to those services.
Key Negotiation Points:
A. Billing for Training
a. To reduce costs, the Consultant shall only train one staff member on the permitting
software system.
b. This trained staff member would then train other inspectors internally, ensuring the City is
not repeatedly charged for training hours.
B. Inspection Scheduling
a. The Building Department shall notify the company to schedule inspections for the following
day.
c. Data Entry into Permitting Software
a. Consultant shall enter Inspection results directly into the permitting software system at the
time of the inspection.
b. Inspections end by 3:00 p.m. every day, and the Consultant shall inform the Building
Department if a follow-up inspection needs to be scheduled the following day.
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 14 GFA INTERNATIONAL,INC..DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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City of Boynton Beach
SAMPLE
EXHIBIT B
FORM OF TASK ORDER
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CITY OF BOYNTON BEACH
RFP No. BD25-014R
SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES(CONSULTANT)
Consultant:
Procurement:
1. Task/Project.
2. Agreement Reference.This Task Order shall be performed under the terms and conditions described within
the Continuing Consulting Services Agreement ("Agreement"), dated
, by and between the City of Boynton Beach and
3. Scope of Services. The scope of services and all required deliverables under this Task Order is attached as
Exhibit A.This Task Order is issued in accordance with Section 1(b)of the Agreement.
4. Project Schedule. Consultant shall deliver to the City the deliverables specified [within days
after the date of Notice to Proceed for such services]or[pursuant to the time periods specified in the Project
Schedule included in Exhibit A said time periods shall commence from the date of the Notice to Proceed for
such services].
5. Compensation. Payment for the services authorized by this Task Order shall be in accordance with Article 5
of the Agreement. The total Fee to be paid to the Consultant under this Task Order shall not exceed
$ , based on the detailed fee schedule attached as Exhibit B, which shall be based on the Hourly
Rates established in the Agreement.
6. Insurance. Consultant shall maintain insurance coverages in accordance with the Agreement and hereby
confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the
Agreement are on file with the City as of the date of this Task Order.
7. Exhibits.All attached Exhibits are incorporated fully into this Task Order and the Agreement.
8. Notice to Proceed.Consultant's receipt of a fully executed copy of this Task Order and a PO issued by the City
shall serve as the "Notice to Proceed" under this Task Order, effective as of the date the fully executed Task
Order and PO was emailed to the Consultant.
9. lnioipoiation;ll4 Modification.The terms and conditions of the Agreement are hereby incorporated into this
Task Order. Nothing contained in this Task Order shall alter, modify, or change in any way the terms and
conditions of the Agreement with the City.
RFP No.8025-014R.BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 15 GFA INTERNATIONAL,INC.,DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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City of Boynton Beach
CONSULTANT: CITY OF BOYNTON BEACH
By: By:
Ty Penserga, Mayor
Print Name:
Date: ,20_ Date: ,20_
Attest:
City Clerk
City Attorney's Office
Approved as to form and legality
By:
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 16 GFA INTERNATIONAL,INC..DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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City of Boynton Beach
EXHIBIT C
FEE SCHEDULE/HOURLY RATES
Schedule of Prices
The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out
or called for in this Bid,at the unit prices.and or lump sums.hereinafter stated.
'Denotes a'MANDATORY"field
Do not enter 10.00 dollars unless you are providing the line item at zero dollars tc the Owner(unless otherwise specified).
If the line item andror table is'NON-MANDATORY'and you are not bidding on it.leave the table anc or line item blank.Do not enter a
$0.00 dollar value
Supplemental Inspections and Plan Review Services
The undersigned agrees to provide Supplemental Inspections and Plan Review Services as called for by the Scope of Services and
Proposal Documents and Agreement in the manner prescribed therein and to the standards of quality and performance_established by the
City for the unit price stated in the spaces herein provided.
• SINGLE CERTIFICATION(Any one discipline as a Building.Mechanical.Electrical.or Plumbing Inspector/Plan Review)
• MULTIPLE CERTIFICATIONS(Any combination of Building.Mechanical.Electrical,or Plumbing Inspector:Plan Review)
• ONE DAY EQUALS EIGHT(8)HOURS
• TWO HOUR MINIMUM FOR HOURLY
'The grand total price will be used to calculate the number of points using the formula described in SECTION IV—
EVALUATION OF PROPOSALS.
Description of Services Hourly Rate Per Estimated Potential Hours Annually Total Annual Cost
Individual
• s_pl ne Feld Inspector S'_50CC 2000 S 145 DOC DO
an Dlscipine Plans Examiner R9"5CC 2OCC S 195.50000
Subtotal: 3 340.500 00
A LA CARTE-OPTIONAL SERVICES
Proposers should use this form for s.:bmittrg its Fee arcposal The following pricing is submitted
as'all-inclusive'to provide Supplemental Inspections and Plan Review Servic,q in accordance with the requirements
identified in this Scope of Work and as set`orth in this REP document.
P We will not be suomittng for A LA.CARTE-OPTIONAL SERVICES
Line Item AUDR STAFF POSITION Hourly Rates Comments
1 Single C scipline F e o ns.-ctor
2 Single Disapine Plans inspector.lOvert'nel
2 R1..1.-Dscipline Field Inspector
• M,m-Dscrp'.:ne Field Inspector (Cvert-ie
• MSIiDscipline Pars Examine-
d M.ai-C sop ne Plans Examrer (Cver'ne:
6us'ess Inspector
Busr*ss Inspector (Overtmei
Application Techrcian
10 Application Techncian i3Overtmei
11 Otl1er
soe--v cor^Tens
Bid Number. BD25-014R Vendor Name_GFA International Inc. dba Universal Engineering Sciences
RFP No.BD25-014R-BUILDING INSPECTIONS AND PIAN REVIEW SERVICES 17 GFA INTERNATIONAL,INC.,DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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EXHIBIT D
FEMA REQUIRED CONTRACT TERMS
The FEMA Requirements shall only modify the Contract upon the provision by the Contractor of work or services required
as a result of a disaster.
The term "Contractor", as used throughout shall mean the Contractor, Provider, Consultant, Supplier, etc., as applicable
with respect to the Contract or Agreement.
The term"Contract" as used throughout shall mean the underlying contract or agreement, as applicable.
FEMA Requirements. The City and Contractor agree that with respect to any services or work performed or provided by
Contractor or its subcontractors under the Contract arising or related to a disaster event, the provisions set forth in this
Addendum (including Form FHWA-1273)and 2 CFR Part 200 (collectively, the "FEMA Requirements")shall apply.The
FEMA Requirements shall only modify the Contract upon the provision by Contractor of work or services required
as a result of a disaster. The terms and conditions of the Contract and the FEMA Requirements should be read to
operate in concert, except where directly in conflict. In the event of a conflict between the terms of the Contract and
the FEMA Requirements, the FEMA Requirements shall govern and prevail.
A. Contracts to receive funding derived from federal grants must comply with federal guidelines.The federal funds appropriated by
the Federal Emergency Management Agency(FEMA)will be administered through the State of Florida.
B. In the event of a conflict between the FEMA Requirements listed in this section and other provisions of the Contract,the
FEMA Requirements will govern and prevail. Only FEMA provisions applicable to the Contract shall apply.
C. Payment. Payment shall be based on the unit rates/prices pursuant to the Contract Fee Schedule. The contractor
shall submit invoices covering no more than a 30-day period.
D. Remedie4.
(1) Leeal Remedies. The city may enforce any breach of contract through a city-initiated lawsuit in a court of competent
jurisdiction to pursue temporary or permanent injunctive relief or any other legal or equitable remedy authorized by law
to cure, remove, prevent, or end a violation of any provision of this article. The City shall recover its court costs and
reasonable attorneys'fees in any legal proceedings commenced to enforce the contract.
(2) Additional Remedies. In addition to any other remedies provided for in the contract or to which the City may be entitled at
law or in equity, in the event of a breach or violation of the Contract by the Contractor,the Contractor shall be subject to
debarment or suspension from consideration for the award of additional contracts from the City,including but not limited to
contracts related to disaster relief or recovery,pursuant to the terms and procedures set forth in the City Code.
These remedies are cumulative, and the use of any appropriate remedy shall not constitute an election of other
remedies by the City.The use of one remedy shall not preclude the use of any other remedy. Nothing in this
article shall prohibit the City from enforcing the requirements of this article by any other legal means.
E. Termination or Suspension of Contract. The City may,by written notice to the Contractor,suspend any or all of the City's
obligations under the Contract due to the Contractor's failure to comply with applicable law or the terms of the Contract until
such time as the event or condition resulting in such suspension has ceased or been corrected.
F. Termination for Cause. The City shall have the right to terminate the Contract for cause, in the event of a breach
of the contract terms, upon five(5)-calendar days written notice to Contractor. In the event of termination, the City
shall compensate the Provider for all authorized services or work satisfactorily performed through the termination
date under the payment terms contained in the Contract. The City shall be liable for the payment of all portions of
materials, supplies, services, and facility orders which cannot be canceled and were placed prior to the effective
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City of Boynton Beach
date of termination and other reasonable costs associated with the termination. Notwithstanding the preceding, under
no circumstances shall the City be liable to the Contractor for lost profits or overhead for work, materials, or services
not performed or delivered to the City. All other termination provisions in the Contract shall remain applicable.
G. Termination for Convenience. The City may terminate this Contract at its convenience with or without cause
upon written notice of termination to the Contractor. In the event of such a termination by the City, the City shall
be liable for the payment of all Work properly performed prior to the effective date of termination and for all portions
of materials,supplies,services,and facility orders which cannot be canceled and were placed prior to the effective
date of termination and other reasonable costs associated with the termination. Notwithstanding the preceding,
under no circumstances shall the City be liable to the Contractor for lost profits or overhead for work,materials, or
services not performed or delivered to the City. All other termination provisions in the Contract shall remain
applicable.
H. Chances to Contract. Changes to the Contract terms and conditions which are within the scope of the Contract,
reasonable for completion of the contract scope, allowable under FEMA regulations, and mutually agreed, may be
made part of the Contract by written amendment duly executed by City and Contractor.
I. equal Employment Opportunity.
(Applicable to All FEMA Construction Contracts)
During the performance of this Contract, the Contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex,sexual orientation,gender identity, or national origin.The contractor will take affirmative
action to ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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.The contractor agrees to post in conspicuous places,available to employees
and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor,state that all qualified applicants will receive consideration for employment without regard to race,
color, religion,sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under this section and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the administering agency and the Secretary of Labor for
RFP No.BD25-014R.BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 19 GFA INTERNATIONAL,INC..DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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City of Boynton Beach o
purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, his contract may be canceled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)and the provisions
of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the
event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency,the contractor may request the United States to enter into
such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by
the above equal opportunity clause with respect to its own employment practices when it participates in
federally assisted construction work: Provided, if the applicant so participating is a State or local government,
the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.The applicant agrees that it will assist
and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance
of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing compliance. The
applicant further agrees that it will refrain from entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965,with a contractor debarred from, or who has not demonstrated
eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant
to Part 11, Subpart D of the Executive Order. In addition,the applicant agrees that if it fails or refuses to comply
with these undertakings, the administering agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such applicant; and refer
the case to the Department of Justice for appropriate legal proceedings
J. Civil Riahtg.
(Applicable to All FEMA Contracts)
The following requirements will apply to the Contract and any sub-contracts:
(1) Age. In accordance with section 4 of the Age Discrimination in Employment Act of 19671 as amended,
29 U.S.C. §623, the Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age.
(2) Disabilities. In accordance with section 102 of the Americans with Disabilities Act,as amended,42 U.S.C.
§12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act,"29 C.F.R. Part 1630, pertaining to employment of persons with disabilities,and which
prohibits discrimination in the areas of employment, public accommodations, transportation,
telecommunications and government services.
K. Davis Bacon Act and Cooeland Anti-Kickback Act.
IRFP No.BD25-014R.BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 20 GFA INTERNATIONAL.INC..DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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City of Boynton Beach af.
(Applicable to Emergency Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and
Transit Security Grant Program construction contracts in excess of$2,000. Not applicable to other FEMA grant
and cooperative agreement programs, including the Public Assistance Program; Davis Bacon Act--40 USC s.
3141-3144 and 3146-3148, 2 CFR Part 200, Appendix II; Copeland Anti-Kickback Act-40 USC s. 3145)
In situations where the Davis-Bacon Act does not apply, neither does the Copeland Anti-Kickback Act.
Comoliance with Davis Bacon Act (if applicable)
(1) The Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146- 3148)and
the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C.
3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
(2) The Contractor agrees to pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor.
(3) The Contractors will pay wages not less than once a week.
Compliance with Copeland Anti-Kickback Act
(1) Contractor. The Contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements
of 29 C.F.R. pt.3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and
such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for
debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
L. Contract Work Hours and Safety Standards Act.
(Applicable to all FEMA contracts in excess of $100,000 that involve the employment of mechanics or laborers;
29 CFR Part 5; 2 CFR Part 22,Appendix II, E)
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer
or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours
in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and
one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. U. S.
Department of Homeland Security Headquarters 500 C St SW Washington, D.C. 20042.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (b)(1)of this section the contractor and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (b)(1)of this section, in the sum of$27 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (b)(1)of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or
the loan or grant recipient) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 21 GFA INTERNATIONAL,INC..DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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City of Boynton Beach
as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (b)(1)through (4)of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1)through (4) of this
section.
M. Rights to Inventions Made Under a Contract or Agreement.
(Applicable if FEMA award meets the definition of"funding agreement"under 37 C.F.R.§401.2(a)and the non-
Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work under that
"funding agreement". Does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire
Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster
Case Management Grant Program, and Federal Assistance to Individuals and Households - Other Needs
Assistance Grant Program. 37 CFR Part 401; 2 CFR Part 200, Appendix II, F).
The contractor acknowledges that it must comply with the requirements of 37 CFR Part 401 and any implementing
regulations issued by FEMA.
N. Clean Air Act and the Federal Water Pollution Control Act.
(Applicable to Contracts in Excess of$150,000)
Clean Air Act
(1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in
turn, report each violation as required to assure notification to the State, Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance provided by FEMA.
Federal Water Pollution Control Act
(1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in
turn, report each violation as required to assure notification to the State, Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance provided by FEMA.
O. Certification Regarding Debarment. Suspension. lneliaibility and Voluntary Exclusion. (Applicable to All
FEMA Contracts and Subcontracts; Executive Order 12549, Executive Order 12689,2 CFR Part 180;2 CFR Part
3000)
a. By signing this Addendum, the Contractor is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in
denial of participation in this covered transaction. The Contractor shall submit an explanation
RFP No.8025-014R.BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 22 GFA INTERNATIONAL,INC.. DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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of why it cannot provide the certification set out below. The certification or explanation will be
considered in connection with the department or agency's determination whether to enter into
this transaction. However, failure of the Contractor to furnish a certification or an explanation
shall disqualify such a person from participation in this transaction.
c. The Contractor shall provide immediate written notice to the department or agency to whom
this proposal is submitted if any time the prospective primary participant learns that its
certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
d. This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such the Contractor is required to verify that none of the Contractor, its principals(defined
at 2 C.F.R. § 180.995), or its affiliates(defined at 2 C.F.R. § 180.905)are excluded (defined
at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935).
e. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
f. This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the State, and the City,the Federal
Government may pursue available remedies, including but not limited to suspension and/or
debarment.
g. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of the Contract.
The Contractor further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
P. Certification Regarding Use of Contract Funds for Lobbying - Byrd Anti-Lobbying.
(Byrd Anti-Lobbying (31 USC s. 1352)--Applicableto contracts in excess of$100,000. 2 CFR Part 200,
Appendix II)
Contractors with contracts of$100,000 or more shall file the required certification.Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal
contract, grant, or any other award covered by 31 U.S.C. §1352. Each tier shall also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the City who in turn will forward the certification(s)to FEMA.
(1) The Contractor certifies, by signing this Addendum, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan,or cooperative agreement,the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 23 GFA INTERNATIONAL.INC..DBA UNIVERSAL ENGINEERING SCIENCES(UES)
City of Boynton Beach
c. This certification is a material representation of the fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than$10,000 and not more than $100,000 for each such failure.
d. The Contractor also agrees that he or she shall require that the language of this certification
be included in all lower-tier subcontracts, which exceed$100,000,and that all such recipients
shall certify and disclose accordingly.
e. The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understands and agrees that
the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and
Statements, apply to this certification and disclosure, if any.
P. Procurement of Recovered Materials.
(Applicable to all FEMA contracts, 42 USC s. 6962; 2 CFR Part 200,Appendix II, K; 2 CFR s. 200.322)
(1) In the performance of this Contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA-designated items unless the product cannot be acquired-
a. Competitively within a timeframe providing for compliance with the contract performance
schedule;
b. Meeting contract performance requirements; or
c. At a reasonable price.
(2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines website, www.epa.gov/smm/comprehensiveprocurement-quideline-
cpq-program
(3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act."
Q. Compliance with Federal Law.Regulations. and Executive Orders.
(Applicable to all FEMA contracts)
This is an acknowledgment that FEMA financial assistance will be used to fund the Contract only.The Contractor
will comply with all applicable federal laws, regulations, executive orders, FEMA policies, procedures, and
directives as applicable, and as amended from to time, including but not limited to:
a. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42
USC Sec. 5121, et. seq.
b. Resource Conservation and Recovery Act
c. National Historic Preservation Act
d. Mandatory Standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act
R. Compliance with State and Federal Reporting Reauirements. The Contractor and its subcontractors shall
comply with, and the Contract is subject to the requirements and regulations of the Federal Emergency
Management Agency and the State of Florida Division of Emergency Management pertaining to reporting.
S. Jmmigration and Naturalization Act.
(Applicable to all FEMA contracts}
RFP No.BD25-014R.BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 24 GFA INTERNATIONAL,INC..DBA UNIVERSAL ENGINEERING SCIENCES(UES)
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City of Boynton Beach
Contractor shall not knowingly employ unauthorized alien workers in violation of 8 USC§1324a(e) [§274A(a)(1)
and(e)] of the Immigration and Nationality Act] and such employment of unauthorized aliens shall be grounds
for unilateral termination of the Contract/Agreement.
T. Indemnity of Funding Entities.
(Applicable to all FEMA contracts)
Contractor hereby agrees to indemnify and hold harmless the State of Florida, the Government of the United
States of America (including but not limited to the Federal Emergency Management Agency and the Federal
Highway Administration), and the City and their officers, agents, employees, and elected officials from and
against any and all liability, claims, damages, demands, expenses, fees,fines, penalties, suits, proceedings,
actions and cost of actions,including attorneys'fees for trial and appeal,and for the preparation of same arising
out of Contractor's, its officers, agents, employees, and subcontractors'acts or omissions associated with this
Contract.
U. Performance and Payment Bonds.
(Applicable to all FEMA Construction Contracts)
If not already required under the Contract, and if requested by the City, the Contractor shall, prior to the
commencement of operations, furnish a Performance and Payment Bond, executed by a surety company
authorized to do business in the State of Florida, in the amount of the estimated contract value, which bond
shall be conditioned upon the successful completion of all work, labor, services, and materials to be provided
and furnished under the contract and the payment of all subcontractors, materials, and laborers. Said bonds
shall be subject to approval by the City.
V. Materials and Suoolies.
(Applicable to all FEMA contracts)
All manufactured and unmanufactured articles, materials,and supplies which are acquired for public use under
this Contract have been produced in the United States as required by 41 USC §10a, unless it would not be in
the public interest or unreasonable in cost.
W. Access to Records.
(Applicable to all FEMA contracts; OHS Standard Terms and Conditions, v. 3.0 XXV)
(1) The Contractor agrees to provide the City, State, FEMA, the Comptroller General of the United States
or any of their authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to the contract for the purposes of making audits, examinations,
excerpts and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract.
(4) The Contractor agrees to maintain all books, records, accounts and reports required under the Contract
for a period of not less than three(3)years after the date of termination or expiration of the Contract,
except in the event of litigation or settlement of claims arising from the performance of the Contract, in
which case Contractor agrees to maintain same until the City, the State, FEMA, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto.
(5) In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and
agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA
Administrator or the Comptroller General of the United States.
RFP No.13025-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 25 GFA INTERNATIONAL,INC..DBA UNIVERSAL ENGINEERING SCIENCES(UES)
City of Boynton Beach
X. pHs Seal. Loao and Fleas.
(Applicable to all FEMA contracts; OHS Standard Terms and Conditions, v.3.0)0V)
The Contractor shall not use the OHS seal(s),logos,crests or reproductions of flags or likenesses of OHS agency
officials without specific FEMA approval.
Y. Fraud and False or Fraudulent or Related Acts.
(Applicable to all FEMA contracts)
The Contractor acknowledges that 31 USC Chap. 38 (Administrative Remedies for False Claims and
Statements)applies to the Contractor's actions pertaining to this Contract.
Z. No Obliaation by the Federal Government.
(Applicable to all FEMA contracts)
The Federal Government or FEMA is not a party to the Contract and shall not be subject to any obligations or
liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any
matter resulting from the contract.
M. Additional FEMA Provisions.
(
(1) Affirmative Socioeconomic Steps. If subcontracts are to be let,the prime contractor is required to take all necessary
steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business
enterprises,and labor surplus area firms are used when possible.
(2) Copyrights and Data Rights. The Contractor grants to the City a paid-up, royalty-free, nonexclusive, irrevocable,
worldwide license in data first produced in the performance of this Contract to reproduce,publish, or otherwise use,
including prepare derivative works,distribute copies to the public,and perform publicly and display publicly such data.
For data required by the Contract but not first produced in the performance of this Contract,the Contractor will identify
such data and grant to the City or acquires on its behalf a license of the same scope as for data first produced in the
performance of this contract.Data,as used herein,shall include any work subject to copyright under 17 U.S.C. § 102,
for example, any written reports or literary works, software and/or source code, music, choreography, pictures or
images, graphics, sculptures,videos,motion pictures or other audiovisual works, sound and/or video recordings,and
architectural works. Upon or before the completion of this contract, the Contractor will deliver to the City data first
produced in the performance of this contract and data required by the contract but not first produced in the performance
of this contract in formats acceptable by the City.
BB.Subcontracts. (Applicable to all FEMA contracts)
To the extent applicable,the Contractor shall cause the inclusion of the provisions of this Addendum in all subcontracts.
RFP No.8D25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 26 GFA INTERNATIONAL,INC.DBA UNIVERSAL ENGINEERING SCIENCES(UES)
ATTACHMENT "A"
City of Boynton Beach
Risk Management
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing
the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."
Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher.
(NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon
selection of Consultant) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the
limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require
additional types of insurance, or to raise orlower the stated limits, based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners &Contractor's Protective (OCP) Personal &Adv. Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage (any one fire) $ 50,000.00
Broad Form Vendors Med. Expense (any one person) $ 5,000.00
Premises Operations
Underground Explosion&Collapse
Products-Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
Revised 04/2021
PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
RFP No:BD24-080 27 Insurance Advisory-Attachment A
ATTACHMENT "B"
SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE
(FOR INFORMATIONAL PURPOSES ONLY)
Instructions: Performance evaluations may be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Task Orders/Work Orders. Task Orders/Work
Orders/Purchase Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid-point of the project term or at
more frequent intervals as required by the Task Order/Work Order/Purchase Order and at the time of Task Order/Work Order/Purchase Order or Contract completion.
It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring
performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either"marginal"or"unsatisfactory"even when
this is not within the normal review cycle. In the event the Average Rating Score is "marginal"or"unsatisfactory" even after reasonable efforts have been taken by the City to improve
performance,the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances.
When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11)for all evaluations completed for the entire term of
the Contract, Task Order, and Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for
use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter
119, F.S.
Contract/Work Order No. Contractor Evaluation Period ❑ Interim
❑ Final
Project Title If evaluating under a work order contract, specify type
Check the appropriate ratings for Lines 1 through 8.
Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9.
Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10.
Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1-8)to produce the Average Rating Score in Line 11.
Performance Indicators Rating
Unsatisfactory Marginal Satisfactory Very Good Exceptional
1. Planning &Approach ❑ 1 n 2 ❑ 3 ❑ 4 ❑ 5
2. Staff Capability ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
3. Staff Effectiveness ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
4. Flexibility in Meeting City's Goals ❑ 1 2 0 3 111 4 5
5. Promptness of Deliverables/Milestones/Reports ❑ 1 ❑ 2 ❑ 3 ❑ 4 Cl 5
6. Report and Drawings Quality ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
7. Quality of Work Completed ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
8. Contract Under or at Budgeted Cost and Invoicing Procedures ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
9. Individual Column Rating (Total lines 1-8.)
PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
RFP No:BD24-080 28 Performance Evaluation Form-Attachment B
II 10. Total Rating Score(Total row 9.)
•
11. Average Rating Score (Divide line 10 by the number 8.)
In Lines 12 through 21,provide any additional detail, as deemed necessary,to support the ratings given in Lines 1 through 8 as well as any additional comments regarding Sub-
consultant/sub-contractor utilization on Line 20. Additional space is available on Line 22 if needed.
12. Current tasks completed and/or deliverables received? If no, reason: n Yes
No
13. Current work completed ahead/on schedule? If no, number of days late: and reason: n Yes
No
14. Contract currently under/at budgeted cost? If not at budget,specify amount over$ and reason: n Yes
n No
15. Contractor strengths:
16. Contractor weaknesses:
17. Specific problems incurred:
18. How may these have been prevented?
19. Additional comments/recommendations:
20. Comments on sub-contractor utilization:
• 21. Currently recommend firm for future contracts,task orders,and/or work orders of this type?If"No" or"Possibly", an explanation must be In Yes
Project Manager(sign) Date Department Administrator(sign) Date I I No
II ff I
Please indicate anyadditional comments corresponding to Performance Indicators (Lines 1-8)on Page 1 —explain marginal/unsatisfactory performance; if either
22. P 9 P 9 rY
"No" or"Possibly"apply to Question 21, an explanation must be provided here.Additional sheets may be attached if necessary.
Number Remarks
CONTRACT REVIEW/PROCUREMENT USE ONLY
Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2:
Number Remarks
•
#
Evaluation Number/Score: Comments:
•
Running Average Score:
Procurement Representative(sign) Date Other Required Approval (sign) Date
PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
• RFP No:BD24-080 29 Performance Evaluation Form-Attachment B
Exhibit C
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City of Boynton Beach
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CALVIN.GIORDANO&ASSOCIATES.INC,.FOR
PROFESSIONAL SERVICES
RFP No. BD25-014R
SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES(CONSULTANT)
This Agreement is made as of this day of ,20 , by and between Calvin.Giordano&Associates.Inc.,
a Florida Profit Corporation,with a principal address of 1800 Eller Drive Ste 600 Fort Lauderdale FL.33316, hereinafter
referred to as"Consultant," and the City of Boynton Beach, a municipal corporation organized and existing under the
laws of Florida,with a business address of 100 East Ocean Avenue,Boynton Beach, Florida 33435,hereinafter referred
to as"City." In consideration of the mutual benefits,terms, and conditions hereinafter specified,the Parties agree as
set forth below.
WHEREAS,the City issued Request for Proposals No. BD25-014R(the"RFP")pursuant to state and local law
to solicit proposals for SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES(the"Services");and
WHEREAS,the Consultant responded to the RFP by submitting its Proposal dated December 10,2024(the
"Proposal"),and
WHEREAS,the City created an evaluation committee to review the proposals in a publicly noticed open-to-
the-public meeting on January 8,2025, in accordance with the requirements of the RFP;and
WHEREAS,the evaluation committee requested presentations from the top three ranked vendors on January
14,2025;and
WHEREAS,the City's evaluation committee selected the Consultant as the best qualified to perform the
Services; and
WHEREAS,the City desires to engage the Consultant to provide such services to the City on an as-needed
basis according to the terms and subject to the conditions set forth in this Agreement.
NOW THEREFORE,for and in consideration of the mutual covenants and promises as hereinafter set forth
and of the faithful performance of such covenants and conditions,the City and Consultant do hereby agree as
follows:
1. SERVICES AND METHOD OF ORDERING SERVICES.
a. Services.Consultant shall provide the type of services described in the Scope of Services attached hereto
as Exhibit A(which services are hereinafter referred to as the "Services"). Consultant may be requested
to provide specific Services for various and different tasks or projects.Consultant shall render the Services
in a diligent, careful, thorough, and professional manner consistent with sound business practice and
shall at all times provide City with the most sound and reasonable recommendations and advice. The
standard of care for all Services performed or furnished by the Consultant under this Agreement will be
the care and skill ordinarily used by members of the Consultant's profession practicing under similar
circumstances or at the same time and in the same locality.
b. Method of Ordering Services.Services will be rendered in response to periodic written Task Orders(each
"Task Order")issued by the City on an as-needed basis.For each task or assignment,the City shall request
the Consultant to develop for review by the City:
i. A scope of services.
ii. An estimate of fees and costs based on the hourly rates established in this Agreement with sufficient
detail to identify the various elements of costs,which amount shall constitute a guaranteed maximum
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and shall not be exceeded without the prior written approval of City.
iii. A task/deliverable schedule;and
iv. A payment schedule based on deliverables,which may not be front-loaded.
The Consultant and City shall execute a written Task Order upon mutual agreement of the scope of
services,fees and costs,task/deliverable schedule,and payment schedule. City shall not be liable to
pay for any Services provided without a properly executed Task Order. Upon complete execution of a
Task Order and issuance of a Purchase Order, Consultant shall provide all Services described in the
Task Order,including all necessary,incidental,and related activities required for the full and complete
performance of such Services.The form of the Task Order is attached hereto as Exhibit B. Any Task
Order over the then-current procurement policy threshold shall require approval of the City
Commission.
c. Use of Subconsultants. Consultant shall utilize only the subconsultants identified in a Task Order to
provide the Services. Consultant shall obtain written approval of City before changing or modifying any
subconsultants,which shall be automatically updated upon such written approval.Consultant shall bind
in writing each and every approved subconsultant to the terms stated in this Agreement and the applicable
Task Order, provided that this provision shall not, in and of itself, impose the insurance requirements set
forth in Article 24 on Consultant's subconsultants.
d. Services Provided in Response to Natural Disaster I Emergency.Consultant provides services that the
City may require in the event of a hurricane or other disaster.Consultant acknowledges and agrees that in
such event, the City may apply to the State of Florida or the federal government for funds which will be
used to pay Contractor or reimburse the City for payments made to Consultant. FEMA will only consider
reimbursing contracts which contain the requisite FEMA provisions. Consultant desires to be eligible to be
awarded disaster work and be compensated through federal funds. The City and Consultant agree that
with respect to any services or work performed or provided by Consultant or its subconsultants under this
Agreement arising or related to a disaster event, the provisions set forth in the FEMA Required Contract
Terms (the "FEMA Requirements"), a copy of which is attached hereto as Exhibit D and incorporated
herein by reference, shall apply. The FEMA Requirements shall only modify this Agreement upon the
provision by Consultant of work or services required as a result of a disaster.The terms and conditions of
the Agreement and the FEMA Requirements should be read to operate in concert,except where directly in
conflict. In the event of a conflict between the terms of the Agreement and the FEMA Requirements, the
FEMA Requirements shall govern and prevail.
2. TERM. This Agreement shall be for an initial term of THREE(3)years, commencing on January 21. 2025, and
shall remain in effect through January 20, 2028 ("Initial Term"), unless otherwise terminated or extended as
provided in this Agreement.
The City reserves the right to renew the Agreement for one(1)additional two-year renewal term(the"Extension
Term") on the same terms and conditions stated in this Agreement, subject to Consultant's satisfactory
performance as determined by the City, determination by the City that renewal will be in the best interest of
the City, and confirmation that Consultant is the sole source to provide the Services.The Mayor is authorized
to execute the term extension amendment(s).If Consultant requests a rate change at the time of renewal,such
change shall not become effective until a written amendment is approved by the City Commission and duly
executed by the Parties.
3. TIME FOR PERFORMANCE.
a. Commencement of Work. Services under the Agreement and any applicable Task Order shall
commence upon the City giving written notice to the Consultant to proceed along with a purchase
order. Consultant shall perform all Services and provide all deliverables required pursuant to this
Agreement and each Task Order. Time is of the essence for the Consultant's performance of the
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duties,obligations,and responsibilities required by this Agreement.
b. Delays:Untimely Performance.
i. Delays;No Fault of Consultant. If Consultant is unable to timely complete all or any portion
of the Services because of delays resulting from untimely review by the City or other
governmental agencies having jurisdiction over the project and such delays are not the fault
of Consultant, or because of delays caused by factors outside the control of Consultant,the
City shall grant a reasonable extension of time for completion of the Services. It shall be the
responsibility of the Consultant to notify the City in writing whenever a delay in approval by a
governmental agency is anticipated or experienced and whenever a delay has been caused
by factors outside of the Consultant's control and to inform the City of all facts and details
related to the delay. Consultant must provide such written notice to the City within three (3)
business days after the occurrence of the event causing the delay.
ii. Delays Due to Consultant.If Consultant fails to substantially complete the Services in whole
or in part on or before the date established in each Task Order, Consultant shall pay City its
proportional share of any claim for damages arising out of the delay. This section shall not
affect either Party's indemnification rights or obligations otherwise outlined in this
Agreement.
c. If Task Order Continues Beyond Term.Consultant shall complete each executed Task Order without
regard to whether such completion would cause Services to be performed after the expiration date of
this Agreement. Any Task Order for which performance extends beyond the Term may be amended
after that expiration date, provided that any additional Services, time, and compensation are
permitted under this Agreement.The terms and conditions of this Agreement shall continue to govern
Task Orders notwithstanding the expiration of this Agreement.
4. AMOUNT AND METHOD OF COMPENSATION.
a. Compensation. As compensation for Services rendered by the Consultant to the City pursuant to a
duly executed Task Order.The Fee is based on the Hourly Rates outlined in the Fee Schedule attached
hereto as Exhibit C and incorporated into this Agreement by reference.
b. The Fee shall be the sole compensation paid to Consultant in connection with the rendition of the
Services and the performance of any and all of its other obligations under this Agreement and shall
include any out-of-pocket or other expenses, including travel expenses, incurred by Consultant.
c. Subconsultant Fees. If sub consulting is permitted, the Consultant shall bill the City for sub-
consultant fees with no markup and within any applicable maximum not-to-exceed amount.
d. CPI Increases.All prices for the Initial Term (THREE YEARS)are fixed in accordance with the pricing
stated in the Agreement. Consultant may request a price adjustment for labor unit prices for any
applicable extension term.This request must be in writing, submitted to the City at least ninety(90)
days before the start of the next applicable Extension Term, and accompanied by documentation to
substantiate the need for the price adjustment.
Any price adjustment will be consistent with the Consumer Price Index ("CPI"). The CPI data will be
obtained from the U.S. Bureau of Labor Statistics table for CPI for All Urban Consumers("CPI-U"),All
items in Miami-Fort Lauderdale-West Palm Beach, FL, all urban consumers, not seasonally adjusted
or as amended or replaced by the agency.The City will designate a reasonably similar index if no such
index is published.
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In its sole discretion,the City will determine if Consultant's requested adjustment is in the City's best
interest based on current market conditions and information regarding similar services in the area.
City approval is required for any price adjustment requested by Consultant; the City will provide
written notification to Consultant of City's decision to approve or reject any requested adjustment.
The City may also initiate a price adjustment consistent with the CPI-U;unless otherwise stated in the
Agreement, Consultant's written approval is required for any price adjustment initiated by City.
If approved by the City,the CPI price adjustment percentage is calculated as follows:the difference
of the CPI current period less the CPI previous period, divided by the CPI previous period,times 100.
The CPI current period means the most recently published monthly index before the Agreement's
annual anniversary.The CPI previous period means for the same month of the prior year. Any year's
CPI price adjustment percentage will not exceed a maximum change of three percent(3%).
Consultant acknowledges that any adjustment is at the City's sole discretion,and if the City does not
approve any such adjustment, Consultant is obligated to perform the Services in full for the entire
Term without the requested adjustment to pricing.
5. NOTICES.All Notices to the City shall be in writing by certified mail return receipt requested, or customarily
used overnight transmission with proof of delivery,sent to:
City: Daniel Dugger,City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561)742-6010/Facsimile: (561)742-6090
Copy: Shawna G. Lamb, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561)742-6010/Facsimile: (561)742-6090
Consultant: Calvin.Giordano&Associates.Inc
580 Village Blvd.
Suite 325
West Palm Beach, FL 33409
Jessica Koehler
Telephone: 954-921-7781
Email:procurement@cgasolutions.com
65-0013869
Registered Agent Name and Address(Sunbiz):
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
6. INVOICES AND PAYMENT. Invoices must identify the PO number Task Order project description and should
be mailed to:
Boynton Beach Finance Department
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City of Boynton Beach P
Attn:Accounts Payable
P.O. Box 310
Boynton Beach, FL 33425
Invoices shall show the nature of the service and dates(s)of service. Invoices based on hourly rates shall show
the actual hours worked, the person performing services, the nature of the service, the hourly rate, and the
dates(s) of service. Invoices may be submitted after such services are performed; however, all services
rendered before September 30th of any given year must be invoiced by September 30th of that year.Consultant
shall provide a W-9 with the first invoice.
Payment shall be made only for services actually performed and completed pursuant to a duly executed Task
Order and this Agreement.The fee shall be paid based on receipt of a proper invoice in accordance with the
invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in
accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No
payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by
Consultant, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve
Consultant of liability for the defective,faulty,or incomplete rendition of the Services.
7. TAX EXEMPT. Prices applicable to the City do not include applicable state and local sales, use, and related
taxes.The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. The
City will provide the Consultant with proof of tax-exempt status upon request.
8. SOVEREIGN IMMUNITY. Nothing contained in this Agreement nor contained herein shall be considered nor
construed to waive the City's rights and immunities under the common law or section 768.28,Florida Statutes,
as may be amended.
9. ATTORNEY'S FEES.If either Party brings suit to enforce the Agreement,each Party shall bear its own attorney's
fees and court costs.
10. PUBLIC RECORDS.The City is a public agency subject to Chapter 119, Florida Statutes.The Consultant shall
comply with Florida's Public Records Law.Specifically,the Consultant shall:
a. Keep and maintain public records required by the City to perform the service when utilizing non-City-
owned equipment;
b. Upon request from the City's custodian of public records,provide the City with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119, Fla.Stat. or as otherwise provided by law;
c. Ensure that public records that are exempt or that are confidential and exempt from public record
disclosure requirements are not disclosed except as authorized by law for the duration of the contract
term and, following completion of the contract, Consultant shall destroy all copies of such
confidential and exempt records remaining in its possession once the Consultant transfers the
records in its possession to the City;and
d. Upon completion of the contract,Consultant shall transfer to the City,at no cost to the City,all public
records in Consultant's possession.All records stored electronically by Consultant must be provided
to the City, upon request from the City's custodian of public records, in a format compatible with the
City'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 CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS:
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City of Boynton Beach
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@bbfl.us
11. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN.
Consultant represents that it has not been placed on the "discriminatory vendor list" as provided in Section
287.134,Florida Statutes,and that it is not a"scrutinized company"pursuant to Sections 215.473 or 215.4725,
Florida Statutes.Consultant represents and certifies that it is not,and for the duration of the Term,will not be,
ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Consultant
represents that it is, and for the duration of the term will remain, in compliance with Section 286.101, Florida
Statutes.
12. E-VERIFY. Consultant shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including
registering and using the E-Verify system to verify the work authorization status of employees. Failure to
comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to
termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the
termination date. If this Agreement is terminated for a violation of the statute by Consultant, Consultant may
not be awarded a public contract for one(1)year after the date of termination.
13. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Consultant or any
subconsultant will have access to an individual's personal identifying information under this Agreement.
Consultant represents and certifies: (i) Consultant is not owned by the government of a foreign country of
concern;(ii)the government of a foreign country of concern does not have a controlling interest in Consultant;
and (iii) Consultant r is not organized under the laws of and does not have its principal place of business in, a
foreign country of concern. On or before the effective date of this Agreement, Consultant and any
subconsultant that will have access to personal identifying information shall submit to City executed
affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of
the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is
included in the requirements of a proper invoice for purposes of Section 6.Terms used in this section that are
not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138,
Florida Statutes.
14. ANTI-HUMAN TRAFFICKING. On or before the effective date of this Agreement, Consultant shall provide City
with an affidavit attesting that the Consultant does not use coercion for labor or services, in accordance with
Section 787.06(13), Florida Statutes.
15. COUNTRIES OF CONCERN. The Consultant represents that it is and will remain in compliance with Section
286.101, Florida Statutes,for the duration of the term.
16. PUBLIC ENTITY CRIME ACT. Consultant represents that it is familiar with the requirements and prohibitions
under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this
Agreement will not violate that Act. Consultant further represents that there has been no determination that it
committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been
formally charged with committing an act defined as a"public entity crime"regardless of the amount of money
involved or whether Consultant has been placed on the convicted vendor list.
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17. CONTINGENCY FEE. Consultant represents and warrants that it has not employed or retained any person or
entity, 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 or entity, 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 or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the
Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a)is deemed included and
fully incorporated herein.
18. TRUTH-IN-NEGOTIATION REPRESENTATION. Consultant's compensation under this Agreement is based
upon its representations to City. Consultant certifies that the wage rates, factual unit costs, and other
information supplied to substantiate Consultant's compensation, including, without limitation, in the
negotiation of this Agreement, are accurate, complete, and current as of the date Consultant executes this
Agreement. Consultant's compensation may be reduced by City, in its sole discretion, to correct any
inaccurate, incomplete, or noncurrent information provided to City as the basis for Consultant's
compensation in this Agreement.
19. DULY LICENSED. Consultant represents that it is duly licensed to perform the Services under this Agreement
and will continue to maintain all licenses and approvals required to conduct its business.
20. FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is prevented by reason
of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health
emergency,or by labor strike,war,or by a law,order,proclamation,regulation,ordinance of any governmental
agency (collectively, "Force Majeure Event"), the Party so affected, upon giving prompt notice to the other
Party, shall be excused from such performance to the extent of such prevention, provided that the affected
Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall
continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the other Party
in writing and resume performance hereunder whenever such causes are removed; provided, however,that if
such inability to perform due to the Force Majeure Event exceeds sixty (60) consecutive days, the Party that
was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement
upon written notice to the other Party.This section shall not supersede or preclude the exercise of any right
either Party may otherwise have to terminate this Agreement.
21. DISPUTES. Any disputes that arise between the parties regarding the performance of this Agreement and
cannot be resolved through negotiations shall be submitted to a court of competent jurisdiction exclusively in
Palm Beach County, Florida.This Agreement shall be construed under Florida Law.
22. TERMINATION.
a. Termination for Convenience. This Agreement may be terminated by either Party for convenience
upon fourteen(14)calendar days of written notice.In this event,the Consultant shall be compensated
for services performed through the termination date, including services reasonably related to
termination.
b. Termination for Cause. In addition to all other remedies available to the aggrieved Party, this
Agreement shall be subject to cancellation by either Party for cause,should the other Party neglect or
fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained,
if such neglect or failure shall continue for thirty(30)calendar days after receipt by the defaulting Party
of written notice of such neglect or failure.
c. In the event of termination, the City shall compensate the Consultant for all authorized work
satisfactorily performed through the termination date under the payment terms contained in this
Agreement.Consultant shall immediately deliver all documents,written information,electronic data,
and other materials concerning City projects in its possession to the City and shall cooperate in
transitioning its consulting duties to appropriate parties at the direction of the City.
d. Upon termination,this Agreement shall have no further force or effect,and the Parties shall be relieved
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of all further liability hereunder,except that the provisions of this section and the provisions regarding
property rights, insurance, indemnification, governing law, and litigation shall survive termination of
this Agreement and remain in full force and effect.
23. INDEMNIFICATION.Consultant shall indemnify and hold harmless the City and its elected and appointed officers,
agents,assigns and employees,consultants,separate Consultants,any of their subconsultants,or sub-subconsultants
(collectively, "Indemnified Party"), from and against third-party claims, demands, or causes of action whatsoever,
and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including
paralegal expenses, liabilities, damages, orders,judgments, or decrees, sustained by the Indemnified Party to the
extent arising out of or resulting from (A) Consultant's negligent performance or breach of Agreement,(B)acts or
omissions, negligence, recklessness, or intentional wrongful conduct by Consultant's, its agents, employees,
subcontractors, subconsultants, participants, and volunteers, and (C) Consultant's failure to take out and maintain
insurance as required under this Agreement. Consultant shall pay all claims and losses in connection therewith and
shall investigate and defend all claims, suits, or actions of any kind or nature against an Indemnified Party, where
applicable, including appellate proceedings,and shall pay all costs,judgments, and attorneys' fees which may issue
thereon to the extent arising out of the negligent,willfull misconduct of Consultant's, its agent and employees.The
obligations of this section shall survive indefinitely regardless of termination of the Agreement. If considered
necessary by the City and the City Attorney,the City may retain any sums due Consultant under this Agreement until
all claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld
shall not be subject to payment of interest by the City.
Consultant's obligations under this Section 23 are contingent upon timely notice of any Losses,such that defense
of the Losses is not compromised,and the Indemnitees cooperation in defending the Losses.
24. INSURANCE.At the time of execution of this Agreement, the Consultant shall provide the City with a copy of
its Certificate of Insurance reflecting the following insurance coverage:
a. Workers' Compensation Insurance to apply for all employees in compliance with the "Workers'
Compensation Law"of the State of Florida and all applicable federal laws. In addition,the policy(ies)
shall include Employer's Liability with limits of One Million Dollars($1,000,000.00)each accident,One
Million Dollars($1,000,000.00)each condition, and One Million Dollars($1,000,000.00)aggregate by
condition.
b. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability shall
include:
i. Premises and/or Operations on an occurrence basis.
ii. Completed Operations Liability on an occurrence basis.
iii. Broad Form Property Damage.
iv. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold
harmless and/or indemnification agreement.
The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and
agents as additional insured.
c. Consultant shall require that each subconsultant maintains insurance coverage that adequately
covers the Services provided by that subconsultant on substantially the same insurance terms and
conditions required of Consultant under this article. Consultant shall ensure that all such
subconsultants comply with these requirements and that"and its officers,employees,and agents as
additional insured"is named as an additional insured under the subconsultants'applicable insurance
policies. Consultant shall not permit any subconsultant to provide Services unless and until all
applicable requirements of this article are satisfied.
25. LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is applicable,City shall
not be liable or responsible to Consultant beyond the amount remaining due to Consultant under the
Agreement, regardless of whether said liability be based in tort, contract, indemnity, or otherwise; and in no
event shall City be liable to Consultant for punitive or exemplary damages or lost profits or consequential
damages.
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26. INDEPENDENT CONTRACTOR.The Agreement does not create an employee/employer relationship between
the Parties. The Parties intend that Consultant is an independent contractor under this Agreement and shall
not be considered the City's employee for any purpose. Consultant shall not have the right to bind City to any
obligation not expressly undertaken by City under this Agreement
27. COMPLIANCE WITH LAWS. Consultant hereby warrants and agrees that at all times material to the
Agreement, Consultant shall perform its obligations in compliance with all applicable federal,state,and local
laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a
material breach of the Agreement.
28. BREACH OF REPRESENTATIONS. Consultant acknowledges that City is materially relying on the
representations, warranties, and certifications of Consultant stated in its Proposal and this Agreement, and
City shall be entitled to exercise any or all of the following remedies if any such representation,warranty, or
certification is untrue:(a)recovery of damages incurred; (b)termination of this Agreement without any further
liability to Consultant; (c)set off from any amounts due Consultant the total amount of any damage incurred;
and(d)debarment of Consultant.
29. ASSIGNMENT. If this Agreement and any interests granted herein shall be assigned,transferred,or otherwise
encumbered under any circumstances by Consultant, Consultant must gain prior written consent from City
thirty (30) business days before such transfer. For purposes of this Agreement, any company ownership
change shall constitute an assignment that requires the City's approval. Notwithstanding the foregoing,
Consultant may, without City's consent, assign this Agreement in whole or in part as part of a corporate
reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement.
Consultant shall provide City written notice of any such corporate reorganization, consolidation, merger, or
sale of substantially all of its assets related to this Agreement within thirty(30)calendar days of such event.
30. NO LIEN.The Consultant shall not at any time permit any lien, attachment, or any other encumbrance under
the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded
against the City, against any City property or money due or to become due for any work done or materials
furnished under this Agreement by Consultant.
31. AGREEMENT SUBJECT TO FUNDING.The Agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City Commission of the City of
Boynton Beach in the annual budget for each fiscal year of this Agreement and is subject to termination based
on lack of funding.
32. NON-EXCLUSIVE.This Agreement is non-exclusive.City may retain additional entities to perform the same or
similar work.
33. REPRESENTATION OF AUTHORITY. Consultant represents and warrants that this Agreement constitutes the
legal,valid, binding,and enforceable obligation of Consultant and that neither the execution nor performance
of this Agreement constitutes a breach of any agreement that Consultant has with any third party or violates
applicable law. Consultant further represents and warrants that execution of this Agreement is within
Consultant's legal powers, and each individual executing this Agreement on behalf of Consultant is duly
authorized by all necessary and appropriate action to do so on behalf of Consultant and does so with full legal
authority.
34. RIGHTS IN DOCUMENTS AND WORK.
a. Ownership. Any and all videos, photographs, documents, materials, data, or other work created by
Consultant in connection with performing services,whether finished or unfinished ("Documents and
Work"), shall be owned by City, and Consultant hereby transfers to City all right, title, and interest,
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including any copyright or other intellectual property rights, in or to the Documents and Work.
Notwithstanding any provision of this Agreement to the contrary, Consultant shall have no liability,
including under Section 23,with respect to(i)the use by City of unfinished or draft Documents and Work
or(ii)the use of Documents and Work for any project other than that for which they were prepared or(iii)
the use of Documents and Work after a change in applicable codes or law.
b. Deliverables Upon Conclusion of Task Order. Consultant shall deliver to the City for approval and
acceptance,and before being eligible for final payment of any amounts due under any Task Order,all
documents and materials prepared for the City in connection with the Task Order.All such documents
and records shall be provided within a reasonable time at no additional cost. Such documents may
be provided electronically.
c. Delivery Upon Expiration or Termination of Agreement. Upon expiration or termination of this
Agreement, the Documents and Work shall become the property of City and shall be delivered by
Consultant to City within seven (7) days after expiration or termination. Any compensation due to
Consultant may be withheld until all Documents and Work are received as provided in this Agreement.
Consultant shall ensure that the requirements of this section are included in all agreements with all
subconsultant(s).
d. Reuse of Project Documents. City may, at its option, reuse (in whole or in part) the resulting end-
product or deliverables resulting from Consultant's Services (including, but not limited to, drawings,
specifications, other documents, and services as described herein and in the applicable Scope of
Services for any Task Order);and Consultant agrees to such reuse in accordance with this provision.
35. CONSULTANT'S STAFF. Consultant will provide the key staff identified in its Proposal as long as they are in
Consultant's employment. Consultant will obtain prior written approval from the City to change key staff.
Consultant shall provide City with such information as necessary for City to determine the suitability of
proposed new key staff. City will be reasonable in evaluating key staff qualifications. If City desires to request
removal of any of Consultant's staff, City shall first meet with Consultant and provide reasonable justification
for said removal; upon such reasonable justification, Consultant shall use good faith efforts to remove or
reassign the staff at issue.
36. THIRD-PARTY BENEFICIARIES.Neither Consultant nor City intends to primarily or directly benefit a third party
by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this
Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon
this Agreement.
37. MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation set forth in this Agreement
was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set
forth in this Agreement is substantial and essential to the formation of this Agreement, and each is,therefore,
a material term.City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any
subsequent breach and shall not be construed as a modification of this Agreement.To be effective,any waiver
must be in writing and signed by an authorized signatory of the Party granting the waiver.
38. COUNTERPARTS AND MULTIPLE ORIGINALS.This Agreement may be executed in multiple originals and may
be executed in counterparts,whether signed physically or electronically,each of which shall be deemed to be
an original, but all of which,taken together, shall constitute one and the same agreement.
39. NON-DISCRIMINATION.Consultant and any subconsultants shall not discriminate on the basis of race,color,
sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy,
or gender identity and expression in the performance of this Agreement.
40. CONTROLLING PROVISIONS. Except as otherwise specifically provided herein, in the event of any conflict
between the specific provisions of this Agreement and the requirements or provisions of the RFP and/or
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 10 Calvin,Giordano&Associates,Inc.
City of Boynton Beach
Proposal,the provisions shall be given precedence in the following order: (1)this Agreement, (2)the RFP;and
(3)the Proposal.Wherever possible,the provisions of the documents shall be construed in such a manner as
to avoid conflicts between the provisions of the various documents.
41. ENTIRE AGREEMENT.The Agreement, including the RFP,the Proposal,and the Exhibits that are incorporated
into this Agreement in their entirety,embody the entire agreement and understanding of the parties concerning
the subject matter of this Agreement and supersede all prior and contemporaneous agreements and
understandings, oral or written, relating to said subject matter. This Agreement may only be modified by a
written amendment executed by the City and Consultant.
42. SEVERABILITY.If any provision of this Agreement or application thereof to any person or situation shall,to any
extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such
provisions to persons or situations other than those as to which it shall have been held invalid or
unenforceable,shall not be affected thereby,and shall continue in full force and effect,and be enforced to the
fullest extent permitted by law.
RFP No BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 11 Calvin,Giordano&Associates,Inc.
0 1
City of Boynton Beach
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above.
CITY OF BOYNTON BEACH, FLORIDA CONSULTANT
Diglaly signed by David E
David E Stambaugh Stambaugh
Date 2025.01.27 17:35:19-05'00'
Ty P-•; , avor (Signature), Calvin.Giordano&Associates.Inc.
David Stambaugh
Print Name of Authorized Official
Vice President
Approved as to Form: Title
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Shawna G. Lamb,City Attorney -; 2:. SEAL 'm= (Corporate Seal)
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Dawn Hopkins "lly,.gnedUDaw°HP`'°'
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Att -a/Aut.entica -d:
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Maylee I► ,City Clerk Print Name
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RFP No 8D25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 12 Calvin,Giordano&Associates,Inc.
r:
City of Boynton Beach '° °"
EXHIBIT A
SCOPE OF SERVICES
In an effort to maintain good service and be responsive to its citizens, the Building Division desires to
secure the services of a qualified firm to perform daily plan reviews for residential and commercial building
applications, review Business Use Certificates for changes in occupancy requirements under the Florida
Building Code, and inspection services (Business Use Certificate, generic inspections (A generic
inspection is to verify work without permits or unsafe structure, a stop work order may be required to be
issued for work w/o permits.), building, plumbing, electric, mechanical (HVAC)for structures in which the
City of Boynton Beach has issued permits. Inspection and plan review services shall be conducted under
the City's and all other federal, state, and local laws, rules, regulations, directives, codes, and ordinances.
A. Inspection and Plan Review services shall include, but not be limited to, general building,
mechanical (HVAC), plumbing, structural, and electrical, as well as providing all administrative
documentation as required by the City.
B. Inspect permitted construction within the City limits for compliance with City codes and ordinances
and permitted plans and specifications.
C. Receive and investigate alleged complaints of working without permits, operating a business
without a Business Use Certificate, code violations, etc., by citizens, City employees, and others,
including appearances before the Code Enforcement Board where appropriate.
D. Inspect new and transferred business uses. Review applications and research past use to
determine possible changes in building code requirements for occupancy.
E. Prepare written reports of inspections and investigations of complaints and other reports as may
be reasonably requested by the City. City inspection forms must be used.
F. Maintain records of inspections and investigations. Log daily inspections and results in the
computer system.
G. Review plans for code compliance. Maintain records of reviews and investigations. Log daily
reviews and results in the computer system.
H. Review and maintain all records required by the Federal Emergency Management Agency
(FEMA) in association with processing building permits in the format required by FEMA.
Contact contractors, architects, engineers, and citizens about construction projects, code
questions, and other concerns.
J. Coordinate activities with the City's Planning and Zoning Consultants, the City's Fire Marshall,
and the City's Code Enforcement Officers.
K. Perform other duties that are related to or incidental to the Inspector's or Plan Reviewer's primary
duties as described herein and that the City may assign from time to time.
L. Perform these duties during normal business hours of 8:00 AM to 5:00 PM, Monday through
Friday, as needed or as may be altered with mutual agreement, as well as irregular hours as
required during an emergency or natural disaster.
M. Report to the City's Building Official or designee.
N. Inspection personnel may be required to attend meetings or to provide consultation to the City.
O. Provide services regarding Unsafe Buildings as described in the Boynton Beach Administrative
Amendment to the Florida Building Code, inspect, post and record violations and provide support
to the Building Official or designee.
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 13 Calvin,Giordano&Associates,Inc.
City of Boynton Beach
P. Provide services of an application technician to cover the counter, answer phone calls, receive
permit applications, review applications for completeness, calculate applicable fees, receives
payments, issue permits, and schedule inspections.
Q. All inspectors and examiners assigned to the City's contract shall have a valid driver's license in
the State of Florida and be able to pass a background security check relevant to the position.
R. Inspection Services and Plan Review shall be provided in the event of a natural disaster (i.e.
hurricane). Services shall be provided in emergency situations as follows:
a. During a declared emergency, Firm shall be responsible for staffing the EOC when
operational and assisting with damage assessment and safety inspections. The Building
Code Administrator shall have immediate access to building plans and other essential
building information.
b. Firm shall work with the City during post-disaster(natural or man-made)times in restoring
Plan Review and Inspection Services pursuant to the Florida Building Code and executive
orders of the Governor. The firm shall provide personnel to assist with damage
assessment teams. The firm shall serve as a resource and consultant in the relevant
discipline areas, assisting the operational decision-making process and performing other
duties as deemed necessary to restore overall safety and services.
c. The firm shall provide personnel in each discipline who shall be able to respond within one
(1) hour(24 hours/day, 7 days/week) to any emergency call-out by the City's Fire Rescue,
Law Enforcement or any authorized City representative.
d. If services are provided in response to an emergency, the FEMA Requirements shall apply
to those services.
Key Negotiation Points:
A. Billing for Training
a. To reduce costs, the Consultant shall only train one staff member on the permitting
software system.
b. This trained staff member would then train other inspectors internally, ensuring the City is
not repeatedly charged for training hours.
B. Inspection Scheduling
a. The Building Department shall notify the company to schedule inspections for the following
day.
C. Data Entry into Permitting Software
a. Consultant shall enter Inspection results directly into the permitting software system at the
time of the inspection.
b. Inspections end by 3:00 p.m. every day, and the Consultant shall inform the Building
Department if a follow-up inspection needs to be scheduled the following day.
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 14 Cahrin,Giordano&Mandates,Inc.
•
City of Boynton Beach
SAMPLE
EXHIBIT B
FORM OF TASK ORDER
0. ;1.
ti
TO N
CITY OF BOYNTON BEACH
RFP No.BD25-014R
SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES(CONSULTANT)
Consultant:
Procurement:
1. Task/Project. _
2. Agreement Reference.This Task Order shall be performed under the terms and conditions described within
the Continuing Consulting Services Agreement ("Agreement"), dated
, by and between the City of Boynton Beach and
3. Scope of Services. The scope of services and all required deliverables under this Task Order is attached as
Exhibit A.This Task Order is issued in accordance with Section 1(b)of the Agreement.
4. Project Schedule. Consultant shall deliver to the City the deliverables specified [within days
after the date of Notice to Proceed for such services]or[pursuant to the time periods specified in the Project
Schedule included in Exhibit A said time periods shall commence from the date of the Notice to Proceed for
such services].
5. Compensation. Payment for the services authorized by this Task Order shall be in accordance with Article 5
of the Agreement. The total Fee to be paid to the Consultant under this Task Order shall not exceed
$ , based on the detailed fee schedule attached as Exhibit B, which shall be based on the Hourly
Rates established in the Agreement.
6. Insurance. Consultant shall maintain insurance coverages in accordance with the Agreement and hereby
confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the
Agreement are on file with the City as of the date of this Task Order.
7. Exhibits.All attached Exhibits are incorporated fully into this Task Order and the Agreement.
8. Notice to Proceed.Consultant's receipt of a fully executed copy of this Task Order and a PO issued by the City
shall serve as the "Notice to Proceed" under this Task Order, effective as of the date the fully executed Task
Order and PO was emailed to the Consultant.
9. Incorporation:No Modification.The terms and conditions of the Agreement are hereby incorporated into this
Task Order. Nothing contained in this Task Order shall alter, modify, or change in any way the terms and
conditions of the Agreement with the City.
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 15 Calvin,Giordano 8 Associates,Inc.
City of Boynton Beach
CONSULTANT: CITY OF BOYNTON BEACH
By: By:
Ty Penserga,Mayor
Print Name: David Stambaugh, PE.
Date:January 27,2025 Date: ,20_
Attest:
City Clerk
City Attorney's Office
Approved as to form and legality
By:
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 16 Calvin,Giordano&Associates,Inc.
G \>
City of Boynton Beach
EXHIBIT C
FEE SCHEDULE/HOURLY RATES
Schedule of Prices
The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out
or called for in this Bid.at the unit prices and/or lump sums hereinafter stated.
'Denotes a'MANDATORY"field
Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified)
If the line item and/or table is"NON-MANDATORY"and you are not bidding on it,leave the table and'or line item blank.Do not enter a
S0 00 dollar value.
Supplemental Inspections and Plan Review Services
Tne undersigned agrees to provide Supplemental Inspections and Plan Review Services as called for by the Scope of Senices and
Proposal Documents and Agreement in the manner prescnbed therein and to the standards of quality and performance established by the
City for the unit pnce stated in the spaces herein provided
• SINGLE CERTIFICATION(Any one discipline as a Building,Mechanical.Electrical or Plumbing Inspector/Plan Review)
• MULTIPLE CERTIFICATIONS(Any combination of Building.Mechanical_Electrical or Plumbing Inspector/Plan Review)
• ONE DAY EQUALS EIGHT(8)HOURS
• TWO HOUR MINIMUM FOR HOURLY
'The grand total price will be used to calculate the number of points using the formula described in SECTION IV—
EVALUATION OF PROPOSALS.
Description of Services Per Estimated Potential Hours Annually Total Annual Cost
Individual•
Single Disapi:ne Field inspector $118.0000 _CCC $238.000.00
Single Disciple Plans Examiner $124.0000 2300 $248.000.00
Subtotal: S 484.000.00
Bid Number:BD25-014R Vendor Name:Calvin.Giordano&Associates. Inc.
RFP No BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 17 Calvin,Giordano&Associates,Inc.
Y O`
City of Boynton Beach
A LA CARTE-OPTIONAL SERVICES
Proposers should use this form for submitting its Fee Proposal.The following pricing is submitted
as'all-inclusive'to provide Supplemental Inspections and Plan Review Services in accordance with the requirements
identified in this Scope of Work and as set forth in this RFP document.
✓ We will not be submitting for A LA CARTE-OPTIONAL SERVICES
Line Item AUDIT STAFF POSfflON Hourly Rates Comments
Single Discipline Fiele Inspector $1'.8.X03
2 Single Discipline Plans Inspector (Overtime) $159.3000
3 Multi-Discipline Field Inspector $0 CDC0 No bid for Muni-Discipline Field
Inspector- System will not allow fo-
us to leave hourly rate blank.
4 Multi-Discipline Field Inspector (Overtime) $0.0000 No bid Muth-Discipline Field
Inspector - System will not allow fo-
us to leave hourly rate blank.
5 Multi-Discipline Plans Examiner $0.0000 No bid Multi-Discipline Pla'i
Examiner - System will not al:av r
us to leave hourly rate blank.
8 Multi-Discipline Plans Examiner(Overtime) $0.0000 No bid Multi-Discipline Plans
Examiner- System will not allow 3r
us to leave hourly rate blank.
Business Inspector $90.0000
• Business Inspector(Overtime) $121.5000
• Application Technician $85.0000
'3 Appication Technician (Overtime) $114.7500
•I Other $144.0000 Budding Official Hourly Rate
(specify in comments)
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 18 Calvin,Giordano&Associates,Inc.
City of Boynton Beach ''
EXHIBIT D
FEMA REQUIRED CONTRACT TERMS
The FEMA Requirements shall only modify the Contract upon the provision by the Contractor of work or services required
as a result of a disaster.
The term "Contractor", as used throughout shall mean the Contractor, Provider, Consultant, Supplier, etc., as applicable
with respect to the Contract or Agreement.
The term"Contract" as used throughout shall mean the underlying contract or agreement, as applicable.
FEMA Requirements. The City and Contractor agree that with respect to any services or work performed or provided by
Contractor or its subcontractors under the Contract arising or related to a disaster event, the provisions set forth in this
Addendum (including Form FHWA-1273)and 2 CFR Part 200 (collectively, the "FEMA Requirements")shall apply.The
FEMA Requirements shall only modify the Contract upon the provision by Contractor of work or services required
as a result of a disaster. The terms and conditions of the Contract and the FEMA Requirements should be read to
operate in concert, except where directly in conflict. In the event of a conflict between the terms of the Contract and
the FEMA Requirements, the FEMA Requirements shall govern and prevail.
A. Contracts to receive funding derived from federal grants must comply with federal guidelines.The federal funds appropriated by
the Federal Emergency Management Agency(FEMA)will be administered through the State of Florida.
B. In the event of a conflict between the FEMA Requirements listed in this section and other provisions of the Contract,the
FEMA Requirements will govern and prevail. Only FEMA provisions applicable to the Contract shall apply.
C. Payment. Payment shall be based on the unit rates/prices pursuant to the Contract Fee Schedule. The contractor
shall submit invoices covering no more than a 30-day period.
D. Remedies.
(1) ,Leeal Remedies. The city may enforce any breach of contract through a city-initiated lawsuit in a court of competent
jurisdiction to pursue temporary or permanent injunctive relief or any other legal or equitable remedy authorized by law
to cure, remove, prevent, or end a violation of any provision of this article. The City shall recover its court costs and
reasonable attorneys'fees in any legal proceedings commenced to enforce the contract.
(2) Additional Remedies. In addition to any other remedies provided for in the contract or to which the City may be entitled at
law or in equity, in the event of a breach or violation of the Contract by the Contractor,the Contractor shall be subject to
debarment or suspension from consideration for the award of additional contracts from the City,including but not limited to
contracts related to disaster relief or recovery,pursuant to the terms and procedures set forth in the City Code.
These remedies are cumulative, and the use of any appropriate remedy shall not constitute an election of other
remedies by the City.The use of one remedy shall not preclude the use of any other remedy. Nothing in this
article shall prohibit the City from enforcing the requirements of this article by any other legal means.
E. Termination or Suspension of Contract. The City may,by written notice to the Contractor,suspend any or all of the City's
obligations under the Contract due to the Contractor's failure to comply with applicable law or the terms of the Contract until
such time as the event or condition resulting in such suspension has ceased or been corrected.
F. Termination for Cause. The City shall have the right to terminate the Contract for cause, in the event of a breach
of the contract terms, upon five(5)-calendar days written notice to Contractor. In the event of termination, the City
shall compensate the Provider for all authorized services or work satisfactorily performed through the termination
date under the payment terms contained in the Contract. The City shall be liable for the payment of all portions of
materials, supplies, services, and facility orders which cannot be canceled and were placed prior to the effective
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 19 Calvin,Giordano&Associates,Inc.
City of Boynton Beach °"
date of termination and other reasonable costs associated with the termination. Notwithstanding the preceding, under
no circumstances shall the City be liable to the Contractor for lost profits or overhead for work, materials,or services
not performed or delivered to the City. All other termination provisions in the Contract shall remain applicable.
G. Termination for Convenience. The City may terminate this Contract at its convenience with or without cause
upon written notice of termination to the Contractor. In the event of such a termination by the City, the City shall
be liable for the payment of all Work properly performed prior to the effective date of termination and for all portions
of materials,supplies, services,and facility orders which cannot be canceled and were placed prior to the effective
date of termination and other reasonable costs associated with the termination. Notwithstanding the preceding,
under no circumstances shall the City be liable to the Contractor for lost profits or overhead for work,materials, or
services not performed or delivered to the City. All other termination provisions in the Contract shall remain
applicable.
H. Chanaes to Contract. Changes to the Contract terms and conditions which are within the scope of the Contract,
reasonable for completion of the contract scope, allowable under FEMA regulations, and mutually agreed, may be
made part of the Contract by written amendment duly executed by City and Contractor.
I. jEaual Emolovment O000rtunity.
(Applicable to All FEMA Construction Contracts)
During the performance of this Contract,the Contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion,sex,sexual orientation,gender identity, or national origin.The contractor will take affirmative
action to ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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.The contractor agrees to post in conspicuous places,available to employees
and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor,state that all qualified applicants will receive consideration for employment without regard to race,
color, religion,sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under this section and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules,regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the administering agency and the Secretary of Labor for
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 20 Calvin,Giordano&Associates,Inc.
City of Boynton Beach c P
purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, his contract may be canceled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule,regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)and the provisions
of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the
event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or vendor as a
result of such direction by the administering agency, the contractor may request the United States to enter into
such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by
the above equal opportunity clause with respect to its own employment practices when it participates in
federally assisted construction work: Provided, if the applicant so participating is a State or local government,
the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract. The applicant agrees that it will assist
and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance
of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing compliance. The
applicant further agrees that it will refrain from entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965,with a contractor debarred from, or who has not demonstrated
eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant
to Part 11, Subpart D of the Executive Order. In addition,the applicant agrees that if it fails or refuses to comply
with these undertakings, the administering agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such applicant; and refer
the case to the Department of Justice for appropriate legal proceedings
J. Civil Riahts.
(Applicable to All FEMA Contracts)
The following requirements will apply to the Contract and any sub-contracts:
(1) ,Agg. In accordance with section 4 of the Age Discrimination in Employment Act of 19671 as amended,
29 U.S.C. §623, the Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age.
(2) Disabilities. In accordance with section 102 of the Americans with Disabilities Act,as amended,42 U.S.C.
§12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act,"29 C.F.R. Part 1630, pertaining to employment of persons with disabilities,and which
prohibits discrimination in the areas of employment, public accommodations, transportation,
telecommunications and government services.
K. Davis Bacon Act and Cooeland Anti-Kickback Act.
RFP No 8D25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 21 Calvin,Giordano&Associates,Inc.
City of Boynton Beach 'Pj
(Applicable to Emergency Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and
Transit Security Grant Program construction contracts in excess of$2,000. Not applicable to other FEMA grant
and cooperative agreement programs, including the Public Assistance Program; Davis Bacon Act--40 USC s.
3141-3144 and 3146-3148, 2 CFR Part 200, Appendix II; Copeland Anti-Kickback Act-40 USC s. 3145)
In situations where the Davis-Bacon Act does not apply, neither does the Copeland Anti-Kickback Act.
Compliance with Davis Bacon Act (if apolicablel
(1) The Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146- 3148)and
the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C.
3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
(2) The Contractor agrees to pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor.
(3) The Contractors will pay wages not less than once a week.
Compliance with Copeland Anti-Kickback Act
(1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements
of 29 C.F.R. pt.3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and
such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for
debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
L. Contract Work Hours and Safety Standards Act.
(Applicable to all FEMA contracts in excess of $100,000 that involve the employment of mechanics or laborers;
29 CFR Part 5; 2 CFR Part 22,Appendix II, E)
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer
or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours
in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and
one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. U. S.
Department of Homeland Security Headquarters 500 C St SW Washington, D.C. 20042.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (b)(1)of this section the contractor and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in
the case of work done under contract for the District of Columbia or territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (b)(1)of this section, in the sum of$27 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (b)(1)of this section.
(3) Withholding for unpaid wages and liquidated damages. The(write in the name of the Federal agency or
the loan or grant recipient) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 22 Calvin,Giordano&Associates,Inc.
City of Boynton Beach
as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (b)(1)through (4)of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1)through (4)of this
section.
M. Rights to Inventions Made Under a Contract or Agreement.
(Applicable if FEMA award meets the definition of"funding agreement" under 37 C.F.R. §401.2(a)and the non-
Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental,or research work under that
"funding agreement". Does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire
Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster
Case Management Grant Program, and Federal Assistance to Individuals and Households - Other Needs
Assistance Grant Program. 37 CFR Part 401; 2 CFR Part 200, Appendix II, F).
The contractor acknowledges that it must comply with the requirements of 37 CFR Part 401 and any implementing
regulations issued by FEMA.
N. Clean Air Act and the Federal Water Pollution Control Act.
(Applicable to Contracts in Excess of$150,000)
Clean Air Act
(1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. §7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in
turn, report each violation as required to assure notification to the State, Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in
whole or in part with Federal assistance provided by FEMA.
Federal Water Pollution Control Act
(1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in
turn, report each violation as required to assure notification to the State, Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance provided by FEMA.
O. Certification Regardina Debarment. Suspension. Ineligibility and Voluntary Exclusion. (Applicable to All
FEMA Contracts and Subcontracts; Executive Order 12549, Executive Order 12689,2 CFR Part 180;2 CFR Part
3000)
a. By signing this Addendum, the Contractor is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in
denial of participation in this covered transaction. The Contractor shall submit an explanation
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 23 Calvin,Giordano&Associates,Inc.
(
City of Boynton Beach �W'
of why it cannot provide the certification set out below. The certification or explanation will be
considered in connection with the department or agency's determination whether to enter into
this transaction. However, failure of the Contractor to furnish a certification or an explanation
shall disqualify such a person from participation in this transaction.
c. The Contractor shall provide immediate written notice to the department or agency to whom
this proposal is submitted if any time the prospective primary participant learns that its
certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
d. This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such the Contractor is required to verify that none of the Contractor, its principals(defined
at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905)are excluded (defined
at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935).
e. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
f. This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the State, and the City,the Federal
Government may pursue available remedies,including but not limited to suspension and/or
debarment.
g. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of the Contract.
The Contractor further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
P. Certification Regarding Use of Contract Funds for Lobbying - Byrd Anti-Lobbying.
(Byrd Anti-Lobbying (31 USC s. 1352)--Applicableto contracts in excess of$100,000. 2 CFR Part 200,
Appendix II)
Contractors with contracts of$100,000 or more shall file the required certification.Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal
contract, grant,or any other award covered by 31 U.S.C. §1352. Each tier shall also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the City who in turn will forward the certification(s)to FEMA.
(1) The Contractor certifies, by signing this Addendum, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract,grant, loan, or cooperative agreement,the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying,"in accordance with its instructions.
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 24 Calvin,Giordano&Associates,Inc.
City of Boynton Beach
c. This certification is a material representation of the fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than$10,000 and not more than $100,000 for each such failure.
d. The Contractor also agrees that he or she shall require that the language of this certification
be included in all lower-tier subcontracts, which exceed$100,000,and that all such recipients
shall certify and disclose accordingly.
e. The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understands and agrees that
the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and
Statements, apply to this certification and disclosure, if any.
P. Procurement of Recovered Materials.
(Applicable to all FEMA contracts, 42 USC s. 6962; 2 CFR Part 200,Appendix II, K; 2 CFR s. 200.322)
(1) In the performance of this Contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA-designated items unless the product cannot be acquired-
a. Competitively within a timeframe providing for compliance with the contract performance
schedule;
b. Meeting contract performance requirements; or
c. At a reasonable price.
(2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines website,www.epa.gov/smm/comprehensiveprocurement-guideline-
cpq-program,
(3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act."
Q. Comoliance with Federal Law.Regulations. and Executive Orders.
(Applicable to all FEMA contracts)
This is an acknowledgment hat FEMA financial assistance will be used to fund the Contract only.The Contractor
will comply with all applicable federal laws, regulations, executive orders, FEMA policies, procedures, and
directives as applicable, and as amended from to time, including but not limited to:
a. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42
USC Sec. 5121, et. seq.
b. Resource Conservation and Recovery Act
c. National Historic Preservation Act
d. Mandatory Standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act
R. Comoliance with State and Federal Reporting Requirements. The Contractor and its subcontractors shall
comply with, and the Contract is subject to the requirements and regulations of the Federal Emergency
Management Agency and the State of Florida Division of Emergency Management pertaining to reporting.
S. jmmigration and Naturalization Act.
(Applicable to all FEMA contracts)
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 25 Calvin,Giordano&Associates,Inc.
a q
City of Boynton Beach
Contractor shall not knowingly employ unauthorized alien workers in violation of 8 USC§1324a(e) [§274A(a)(1)
and(e)] of the Immigration and Nationality Act] and such employment of unauthorized aliens shall be grounds
for unilateral termination of the Contract/Agreement.
T. Indemnity of Fundina Entities.
(Applicable to all FEMA contracts)
Contractor hereby agrees to indemnify and hold harmless the State of Florida, the Government of the United
States of America (including but not limited to the Federal Emergency Management Agency and the Federal
Highway Administration), and the City and their officers, agents, employees, and elected officials from and
against any and all liability, claims, damages, demands, expenses, fees,fines, penalties, suits, proceedings,
actions and cost of actions,including attorneys'fees for trial and appeal,and for the preparation of same arising
out of Contractor's, its officers, agents, employees, and subcontractors'acts or omissions associated with this
Contract.
U. Performance and Payment Bonds.
(Applicable to all FEMA Construction Contracts)
If not already required under the Contract, and if requested by the City, the Contractor shall, prior to the
commencement of operations, furnish a Performance and Payment Bond, executed by a surety company
authorized to do business in the State of Florida, in the amount of the estimated contract value, which bond
shall be conditioned upon the successful completion of all work, labor, services, and materials to be provided
and furnished under the contract and the payment of all subcontractors, materials, and laborers. Said bonds
shall be subject to approval by the City.
V. Materials and Supplies.
(Applicable to all FEMA contracts)
All manufactured and unmanufactured articles, materials, and supplies which are acquired for public use under
this Contract have been produced in the United States as required by 41 USC §10a, unless it would not be in
the public interest or unreasonable in cost.
W. Access to Records.
(Applicable to all FEMA contracts; OHS Standard Terms and Conditions, v. 3.0 XXV)
(1) The Contractor agrees to provide the City, State, FEMA, the Comptroller General of the United States
or any of their authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to the contract for the purposes of making audits, examinations,
excerpts and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract.
(4) The Contractor agrees to maintain all books, records, accounts and reports required under the Contract
for a period of not less than three (3)years after the date of termination or expiration of the Contract,
except in the event of litigation or settlement of claims arising from the performance of the Contract, in
which case Contractor agrees to maintain same until the City, the State, FEMA, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto.
(5) In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and
agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA
Administrator or the Comptroller General of the United States.
RFP No.BD25-014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 26 Calvin,Giordano&Associates,Inc.
City of Boynton Beach
X. DHS Seal. Loao and Flags.
(Applicable to all FEMA contracts; OHS Standard Terms and Conditions, v. 3.0)0V)
The Contractor shall not use the OHS seal(s), logos,crests or reproductions of flags or likenesses of OHS agency
officials without specific FEMA approval.
Y. fraud and False or Fraudulent or Related Acts.
(Applicable to all FEMA contracts)
The Contractor acknowledges that 31 USC Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this Contract.
Z. No Obligation by the Federal Government.
(Applicable to all FEMA contracts)
The Federal Government or FEMA is not a party to the Contract and shall not be subject to any obligations or
liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any
matter resulting from the contract.
AA. Additional FEMA Provisions.
(
(1) Affirmative Socioeconomic Steps. If subcontracts are to be let, the prime contractor is required to take all necessary
steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business
enterprises,and labor surplus area firms are used when possible.
(2) Copyrights and Data Rights. The Contractor grants to the City a paid-up, royalty-free, nonexclusive, irrevocable,
worldwide license in data first produced in the performance of this Contract to reproduce, publish, or otherwise use,
including prepare derivative works,distribute copies to the public,and perform publicly and display publicly such data.
For data required by the Contract but not first produced in the performance of this Contract,the Contractor will identify
such data and grant to the City or acquires on its behalf a license of the same scope as for data first produced in the
performance of this contract. Data,as used herein,shall include any work subject to copyright under 17 U.S.C. § 102,
for example, any written reports or literary works, software and/or source code, music, choreography, pictures or
images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and
architectural works. Upon or before the completion of this contract, the Contractor will deliver to the City data first
produced in the performance of this contract and data required by the contract but not first produced in the performance
of this contract in formats acceptable by the City.
BB. Subcontracts. (Applicable to all FEMA contracts)
To the extent applicable,the Contractor shall cause the inclusion of the provisions of this Addendum in all subcontracts.
RFP No.B025.014R-BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 27 Cahn,Gordano 6 Associates,Inc.
ATTACHMENT "A"
City of Boynton Beach
Risk Management
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing
the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."
Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher.
(NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon
selection of Consultant) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the
limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require
additional types of insurance, or to raise orlower the stated limits, based upon identified risk.)
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners &Contractor's Protective(OCP) Personal&Adv. Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage (any one fire) $ 50,000.00
Broad Form Vendors Med. Expense (any one person) $ 5,000.00
Premises Operations
Underground Explosion&Collapse
Products-Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate -$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
Revised 04/2021
PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
RFP No:BD25-014R 28 Insurance Advisory—Attachment A
E
k
ATTACHMENT "B"
SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE
(FOR INFORMATIONAL PURPOSES ONLY)
Instructions: Performance evaluations may be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Task Orders/Work Orders. Task Orders/Work
Orders/Purchase Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid-point of the project term or at
more frequent intervals as required by the Task Order/Work Order/Purchase Order and at the time of Task Order/Work Order/Purchase Order or Contract completion.
It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring
performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either"marginal"or"unsatisfactory"even when
this is not within the normal review cycle. In the event the Average Rating Score is"marginal"or"unsatisfactory"even after reasonable efforts have been taken by the City to improve
performance,the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances.
When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11)for all evaluations completed for the entire term of
the Contract, Task Order, and Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for
use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter
119, F.S.
ContractMork Order No. Contractor Evaluation Period ❑ Interim
❑ Final
Project Title If evaluating under a work order contract, specify type
Check the appropriate ratings for Lines 1 through 8.
Sum the individual ratings, by column,to produce the Individual Column Ratings on Line 9.
Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10.
Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1-8)to produce the Average Rating Score in Line 11.
Performance Indicators Rating
Unsatisfactory Marginal Satisfactory Very Good Exceptional
1. Planning &Approach ❑ 1 ❑ 2 n 3 ❑ 4 ❑ 5
2. Staff Capability ❑ 1 ❑ 2 ❑ 3 ❑ 4 1 I 5
3. Staff Effectiveness ❑ 1 ❑ 2 ❑ 3 ❑ 4 n 5
4. Flexibility in Meeting City's Goals ❑ 1 n 2 ❑ 3 4 n 5
5. Promptness of Deliverables/Milestones/Reports n 1 ❑ 2 ❑ 3 ❑ 4 n 5
6. Report and Drawings Quality ❑ 1 ,_ 2 ❑ 3 ❑ 4 ❑ 5
7. Quality of Work Completed 111 ❑ 2 ❑ 3 ❑ 4 5
8. Contract Under or at Budgeted Cost and Invoicing Procedures ❑ 1 n 2 ❑ 3 4 ❑ 5
9. Individual Column Rating (Total lines 1-8.)
PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
RFP No:BD25-014R 29 Performance Evaluation Form-Attachment B
10. Total Rating Score(Total row 9.)
11. Average Rating Score (Divide line 10 by the number 8.)
In Lines 12 through 21, provide any additional detail, as deemed necessary,to support the ratings given in Lines 1 through 8 as well as any additional comments regarding Sub-
consultant/sub-contractor utilization on Line 20. Additional space is available on Line 22 if needed.
12. Current tasks completed and/or deliverables received? If no, reason: n Yes
1 1 No
13. Current work completed ahead/on schedule? If no, number of days late: and reason: n Yes
1 1 No
14. Contract currently under/at budgeted cost? If not at budget, specify amount over$ and reason: n Yes
1 1 No
15. Contractor strengths:
16. Contractor weaknesses:
17. Specific problems incurred:
18. How may these have been prevented?
19. Additional comments/recommendations:
20. Comments on sub-contractor utilization:
21. Currently recommend firm for future contracts,task orders, and/or work orders of this type? If"No" or"Possibly", an explanation must be n Yes
Project Manager(sign) Date Department Administrator(sign) Date n No
T1
22. Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 —explain marginal/unsatisfactory performance; if either
"No" or"Possibly" apply to Question 21, an explanation must be provided here.Additional sheets may be attached if necessary.
Number Remarks
_#
CONTRACT REVIEW/PROCUREMENT USE ONLY
Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2:
Number Remarks
•#
#
Evaluation Number/Score: Comments:
Running Average Score:
Procurement Representative (sign) Date Other Required Approval (sign) Date
PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
RFP No:BD25-014R 30 Performance Evaluation Form-Attachment B
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