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HomeMy WebLinkAboutReso 2024-3681RESOLUTION NO. 2024 - V A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH M.T. CAUSELY, LLC TO PROVIDE NON-EXCLUSIVE STRUCTURAL INSPECTION AND PLANS REVIEW SERVICES ON AN AS -NEEDED BASIS, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS AND NO CENTS ($200,000.00); AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") was in need of a firm to provide non-exclusive structural inspection and plans review services on an as -needed basis (the "Services"); and WHEREAS, on December 7th, 2023, the City Manager executed an Agreement with M.T. Causely, LLC (the "Firm") to provide the City with the Services, in an amount not to exceed $50,000.00 ("Original Agreement"); and WHEREAS, the Services of the Original Agreement were procured utilizing the City of Doral, Florida, Contract No. RFQ 2023-04 ("Doral RFQ"); and WHEREAS, pursuant to Section 62-13(C) of the City's Code of Ordinances, purchases made under state general service administration contracts, federal, county or other governmental contracts or competitive bids with other governmental agencies, are exempt from the competitive bidding requirements set forth in Chapter 62; and WHEREAS, due to the City's unsuccessful efforts to fill several inspector vacancies, there is still a need to utilize the Services of the Firm; and WHEREAS, the City Commission wishes to approve a First Amendment to the Original Agreement with the Firm for the Services, in an amount not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00), bringing the total contract amount not to exceed Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of First Amendment. The City Commission hereby approves a First Amendment to the Agreement with M.T. Causely to provide non-exclusive structural inspection and plans review services on an as -needed basis, in an amount not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00), bringing the total contract amount not to exceed Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00), attached hereto as Exhibit „A„ Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said amendment. @BCL@140B0564.doc Page 1 of 2 99 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effete upon adoption. ATTEST: PASSED AND ADOPTED on this 181h daVof JuW. 2024. Mauri Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: AFA�aaj ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved •..._� /� iiiSeconded by: ✓� r r ' '' '' Vote: Mayor Svechin (Yes) (No) Vice Mayor Lama _/(Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant(Yes) (No) . Commissioner Viscarra ✓ (Yes) (No) @BCL@140B0564.doc Page 2 of 2 100 SpINY q< s O� �T�l n , '-s *fir. -k. •r, FIRST AMENDMENT TO THE PROFESSIONAL SERVICES yf ➢. FL00.0 ,fir ° AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND M.T. CAUSLEY, LLC THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH ("City") and M.T. CAUSLEY, LLC, a Florida limited liability company, whose Federal Employer Identification (FEI) Number is 65-0782808 ("Consultant"), executed this ill -- l day of July, 2024, is made a part of the original Professional Services Agreement between the City and Consultant, dated December 7, 2023 ("the Agreement"), attached hereto as Attachment "A." The City and Consultant hereby agree as follows: 1. ADDITIONAL COMPENSATION. City and Consultant wish to amend Section 5 of the Agreement, entitled "Fee Schedule," to provide additional compensation for Services in an amount not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00). The additional compensation provided herein will bring the total Agreement not to exceed amount to Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00). 2. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Consultant must submit the affidavit that is attached to this agreement as Attachment `B," signed by an officer or an authorized representative of the Consultant, under penalty of perjury, attesting that Consultant does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. 3. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Companies must certify that it is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Consultant must submit the certification that is attached to this agreement as Attachment "C." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 101 M.T. CAUSLEY, LLC — FIRST AMENDMENT Page 1 of 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated December 7, 2023, shall remain in full force and effect. 5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements, or provisions contained in any other document or attachment, including but not limited to Attachment "A." IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] M.T. CAUSLEY, LLC — FIRST AMENDMENT Page 2 of 7 102 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax M.T. CAUSLEY, LLC /� , BY: Matthew Kt ausley, President STATE OF FLORIDA: COUNTY OF MIAMI-DADE: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this 5th day of July , 2024, by Matthew K. Causley, as President of M.T. Causley, LLC. Notary Public State of Florida Gladys G Zubiri H My Commission HH 294756 Expires 7/28/2026 Personally Known X or Produced Identification Type of Identification Produced: __J' -41, � �_ -4 - 4�_ N Cary Ou 'e; State of Florida (Signature of Notary Public) Gladys G. Zubiri (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] M.T. CAUSLEY, LLC — FIRST AMENDMENT Page 3 of 103 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST: CITY OF UN ISLES BEACH BY: BY: CMC City M.T. CAUSLEY, LLC — FIRST AMENDMENT Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: 1 lain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Page 4 of 7 104 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "A" M.T. CAUSLEY, LLC — FIRST AMENDMENT Page 5 of 7 105 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SUNNY ISLES BEACH, FLORIDA AND M.T. CAUSLEY, LLC This Professional Services Agreement ("Agreement") is made and entered into this day of December, 2023, by and between the City of Sunny Isles Beach, a Florida municipal corporation ("Municipality") and M.T. Causley, LLC, a wholly owned subsidiary of SAFEbuilt, LLC, ("Consultant"). Municipality and Consultant shall be jointly referred to as "Parties". RECITALS WHEREAS, Municipality is in need of non-exclusive structural inspection and plans review services on an as -requested basis ("Services"); and WHEREAS, Consultant is ready, willing, and able to perform the Services; and WHEREAS, the City of Doral issued Request for Qualifications RFQ No. 2023-04, "Building Inspection and Plans Review Services," appended hereto as Exhibit "A" and on August 22, 2023, the City of Doral entered into an Agreement with Consultant, appended hereto as Exhibit "B," for an initial three (3) year period terminating August 22, 2026, with the option to renew for two (2) additional one-year terms; and WHEREAS, Municipality desires to enter into an agreement with Consultant, using the City of Doral's solicitation information, and Consultant's response thereto, in a total contract not -to -exceed amount of Fifty Thousand Dollars and No Cents ($50,000.00), to provide the Services as described herein, and subject to the terms and conditions contained herein; and WHEREAS, pursuant to Municipality's procurement code provisions, purchases made understate, county or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures; NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Municipality and Consultant agree as follows: 1. TERM AND CONDITIONS Except as otherwise stated herein; the terms and conditions of this Agreement herein, as well as of the City of Doral's Agreement, RFQ and Consultant's responses thereto, shall form the bases of this Agreement with the Municipality. 2. COMMENCEMENT AND COMPLETION The term of this Agreement commences upon full execution of this Agreement and shall expire on August 22, 2026. Contingent upon the renewal of the City of Doral Agreement, Municipality reserves the right to extend this Agreement for two (2) additional one-year term provided both parties agree to the extension and such extension is approved by Municipality. 3. CHANGES TO SCOPE OF SERVICES Any changes to Services between the Municipality and Consultant shall be made in writing that shall specifically designate any changes in Service levels and compensation for the Services. Both Parties shall determine a mutually agreed upon solution to alter services levels and a transitional timeframe that is mutually beneficial to both Parties. No changes shall be binding absent a written Agreement or Agreement Amendment executed by both Parties. Page 1 of 9 106 4. SCOPE OF SERVICE Consultant shall provide code compliant inspection and plan review services on an as -requested basis during normal business hours. Consultant will perform Services in accordance with codes, amendments and ordinances adopted by the elected body of Municipality, as well as state law. The qualified professionals employed by Consultant will maintain current certifications, certificates, licenses as required for Services that they provide to Municipality in accordance with Chapter 468, Florida Statutes. 5. FEE SCHEDULE — Consultant fees for Services provided pursuant to this Agreement, in a total contract amount not -to - exceed Fifty Thousand Dollars and No Cents ($50,000.00), will be as follows: Service , Standard Hourly Rate* Inspection Services $125.00 per hour — Includes Building, Roofing, Mechanical, Electrical and Plumbing Plan Review Services $125.00 per hour — Includes Building, Roofing, Mechanical, Electrical and Plumbing Plan Review Services $185.00 per hour — Structural Only Building Official Permit Technician $155.00 per hour $85.00 per hour *Services requested beyond CITY's normal business hours will be invoiced at one - and -a -half (1.5) times the standard hourly rate, minimum two (2) hours. Services requested on a Saturday will be invoiced at one -and -a -half (1.5) times the standard hourly rate, minimum four (4) hours. Services requested on a Sunday or US Federal Holiday will be invoiced at two (2) times the standard hourly rate, minimum four (4) hours. 6. INVOICE & PAYMENT STRUCTURE Consultant will invoice the Municipality on a monthly basis and provide all necessary supporting documentation. All payments are due to Consultant within 30 days of Consultant's invoice date. Payments owed to.Consultant but not made within sixty (60) days of invoice date shall bear simple interest at the rate of one and one-half percent (1.5%) per month. If payment is not received within ninety (90) days of invoice date, Services will be discontinued until all invoices and interest are paid in full. The Municipality may request, and the Consultant shall provide, additional information before approving the invoice. When additional information is requested the Municipality will identify specific disputed item(s) and give specific reasons for any request. Undisputed portions of any invoice shall be due within 30 days of Consultants invoice date, if additional information is requested, Municipality will submit payment within thirty (30) days of resolution of the dispute. 7. TERMINATION Either party may terminate this Agreement, or any part of this Agreement upon ninety (90) days written notice, with or without cause and with no penalty or additional cost beyond the rates stated in this Agreement. In case of such termination, Consultant shall be entitled to receive payment for work completed up to and including the date of termination within thirty (30) days of the termination. Page 2 of 9 107 8. NOTICES Any notice under this Agreement shall be in writing and shall be deemed sufficient when presented in person, or sent, pre -paid, first-class United States Mail, or delivered by electronic mail to the following addresses: If to the Municipality: Stan Morris, City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Email: smorris@sibfl.net If to the Consultant: Matthew K. Causley, President M.T. Causley, LLC 10720 Caribbean Blvd, Suite 650 Cutler Bay, FL 33189 Email: mtc@mtcinspectors.com CC: Jeannie Fabian, Account Manager Email: Jeannie@mtcinspectors.com 9. FORCE MAJEURE Any delay or nonperformance of any provision of this Agreement by either Party (with the exception of payment obligations) which is caused by events beyond the reasonable control of such party, shall not constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing such performance. 10. WAIVER Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 11. INDEPENDENT CONTRACTOR Consultant is an independent contractor, and, except as provided otherwise in this section, neither Consultant, nor any employee or agent thereof, shall be deemed for any reason to be an employee or agent of Municipality. Municipality shall have no liability or responsibility for any direct payment of any salaries, wages, payroll taxes, or any and all other forms or types of compensation or benefits to any personnel performing services for Municipality under this Agreement. Consultant shall be solely responsible for all compensation, benefits, insurance and employment-related rights of any person providing Services hereunder during the course of or arising or accruing as a result of any employment, whether past or present, with Consultant. Consultant and Municipality agree that Consultant will provide similar service to other clients while under contract with Municipality and Municipality acknowledges that Consultant employees may provide similar services to multiple clients. Consultant shall at its sole discretion assign and reassign qualified employees, as determined by Consultant, to perform services for Municipality. Municipality may request that a specific employee be assigned to or reassigned from work under this Agreement and Consultant shall consider that request when determining staffing. Consultant shall determine all conditions of employment for its employees, including hours, wages, working conditions, promotion, discipline, hiring and discharge. Consultant exclusively controls the manner, means and methods by which services are provided to Municipality, including attendance at meetings, and Consultant's employees are not subjecttothe direction and control of Municipality. Except where required by Municipality to use Municipality information technology equipment or when requested to perform the services from office space provided by the Municipality, Consultant employees shall perform the services using Consultant information technology equipment and from such locations as Consultant shall specify. No Consultant employee shall be assigned a Page 3 of 9 108 Municipal email address as their exclusive email address and any business cards or other IDs shall state that the person is an employee of Consultant or providing Services pursuant to a contractual agreement between Municipality and Consultant. It is the intention of the Parties that Consultant shall be deemed to be an agent of the Municipality for purposes of Section 768.28 Florida Statute. 12. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall defend, indemnify, and hold harmless Municipality, its elected and appointed officials, employees and volunteers and others working on behalf of Municipality, from and against any and all third -party claims, demands, suits, costs (including reasonable legal costs), expenses, and liabilities ("Claims") alleging personal injury, including bodily injury or death, and/or property damage, but only to the extent that any such Claims are caused by the negligence of Consultant or any officer, employee, representative, or agent of Consultant. Consultant shall have no obligations under this Section to the extent that any Claim arises as a result of Consultant's compliance with Municipal law, ordinances, rules, regulations, resolution, executive orders or other instructions received from Municipality. To the fullest extent permitted by law and without waiver of governmental immunity, Municipality shall defend, indemnify, and hold harmless Consultant, its officers, employees, representatives, and agents, from and against any and all Claims alleging personal injury, including bodily injury or death, and/or property damage, but only to the extent that such Claims are caused by (a) the negligence of, or material breach of any obligation under this Agreement by, Municipality or any officer, employee, representative, or agent of Municipality or (b) Consultant's compliance with Municipal law, ordinances, rules, regulations, resolutions, executive orders or other instructions received from Municipality. If either Party becomes aware of any incident likely to give rise to a Claim under the above indemnities, it shall notify the other and both Parties shall cooperate fully in investigating the incident. 13. LIMITS OF LIABILITY EXCEPT ONLY AS MAY BE EXPRESSLY SET FORTH HEREIN, CONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR -FREE OPERATION, PERFORMANCE, ACCURACY, OR NON -INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM MUNICIPALITY'S PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL CONSULTANT OR MUNICIPALITY BE LIABLE TO ONE ANOTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, EXEMPLARY, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES. LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, INDEMNITY, NEGLIGENCE, WARRANTY, STRICT LIABILITY, ORTORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMAINING REMEDY. EXCEPT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNTOF FEES PAID TO CONSULTANT PURSUANTTOTHIS AGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENTAS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE THE POLICIES). 14. INSURANCE Consultant shall secure and maintain throughout the duration of this Agreement insurance of such type and in such amounts as required by City of Doral RFQ No. 2023-04. Municipality shall be named as an additional insured on all policies with the exception of Workers' Compensation. Certificates of Insurance shall be provided to Municipality at the time of execution of this Agreement and certified copies provided upon request. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to Municipality before any policy or coverage is cancelled or restricted, or in accordance with policy provisions. Page 4 of 9 109 15. SOLICITATION/HIRING OF CONSULTANT'S EMPLOYEES During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire, or attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided services to Municipality pursuant to this Agreement ("Service Providers"), or who interacted with Municipality in connection with the provision of such services (including but not limited to supervisors or managers of Service Providers, customer relations personnel, accounting personnel, and other support personnel of Consultant). The Parties agree that this provision is reasonable and necessary in order to preserve and protect Consultant's trade secrets and other confidential information, its investment in the training of its employees, the stability of its workforce, and its ability to provide competitive building department programs in this market. If any provision of this section is found by a court or arbitrator to be overly broad, unreasonable in scope or otherwise unenforceable, the Parties agree that such court or arbitrator shall modify such provision to the minimum extent necessary to render this section enforceable. In the event that Municipality hires any such employee duringthe specified period, Municipality shall pay to Consultant a placement fee equal to 100% of the employee's annual salary including bonus and training cost. 16. OWNERSHIP OF DOCUMENTS Except as expressly provided in this Agreement, Municipality shall retain ownership of all Materials and of all work product and deliverables created by Consultant pursuant to this Agreement. The Materials, work product and deliverables shall be used by Consultant solely as provided in this Agreement and for no other purposes without the express prior written consent of Municipality. As between Municipality and Consultant, all work product and deliverables shall become the exclusive property of Municipality when Consultant has been compensated for the same as set forth herein, and Municipality shall thereafter retain sole and exclusive rights to receive and use such materials in such manner and for such purposes as determined by it. Notwithstanding the preceding, Consultant may use the Materials, work product, deliverables, applications, records, documents and other materials provided to perform the Services or resulting from the Services, for purposes of (i) benchmarking of Municipality's and other client's performance relative to that of other groups of customers served by Consultant; (ii) improvement, development marketing and sales of existing and future Consultant services, tools and products; (iii) monitoring Service performance and making improvements to the Services. For the avoidance of doubt, Municipality Data will be provided to third parties, other than hosting providers, development consultants and other third parties providing services for Consultant, only on an anonymized basis and only as part of a larger body of anonymized data. If this Agreement expires or is terminated for any reason, all records, documents, notes, data and other materials maintained or stored in Consultant's secure proprietary software pertaining to Municipality will be exported into a CSV file and become property of Municipality. Notwithstanding the preceding, Consultant shall own all rights and title to any Consultant provided software and any improvements or derivative works thereof. Upon reasonable prior written notice, Municipality and its duly authorized representatives shall have access to any books, documents, papers and records of Consultant that are related to this Agreement for the purposes of audit or examination, other than Consultant's financial records, and may make excerpts and transcriptions of the same at the cost and expense of Municipality. 17. MUNICIPALITY OBLIGATIONS Municipality shall timely provide all data information, plans, specifications and other documentation reasonably required by Consultant to perform Services (Materials). Municipality has the right to grant and hereby grants Consultant a fully paid up, non-exclusive, non -transferable license to use the Materials in accordance with the terms of this Agreement. 18. ASSIGNMENT AND SUBCONTRACT Neither party shall assign all or part of its rights or obligations under this Agreement to another entity without the written approval of both Parties; consent shall not be unreasonably withheld. Notwithstanding the preceding, Consultant may assign this Agreement in connection with the sale of all or substantially all of its assets or ownership interest, effective upon notice to Municipality, and may assign this Agreement to its parent, subsidiaries or sister companies (Affiliates) without notice to Municipality. Consultant may subcontract any or all of the services to its Affiliates without notice to Municipality. Consultant may Page 5 of 9 110 subcontract any or all of the services to other third parties provided that Consultant gives Municipality prior written notice of the persons or entities with which Consultant has subcontracted. Consultant remains responsible for any Affiliate's or subcontractor's performance or failure to perform. Affiliates and subcontractors will be subject to the same performance criteria expected of Consultant. Performance clauses will be included in agreements with all subcontractors to assure quality levels and agreed upon schedules are met. 19. CONFLICT OF INTEREST Consultant shall refrain from providing services to other persons, firms, or entities that would create a conflict of interest for Consultant with regard to providing the Services pursuant to this Agreement. Consultant shall not offer or provide anything of benefit to any Municipal official or employee that would place the official or employee in a position of violating the public trust as provided under Municipality's charter and code of ordinances, state or federal statute, case law or ethical principles. 20. CONSULTANT ACCESS TO RECORDS Parties acknowledge that Consultant requires access to Records in order for Consultant to perform its obligations under this Agreement. Accordingly, Municipality will either provide to Consultant on a daily basis such data from the Records as Consultant may reasonably request (in an agreed electronic format) or grant Consultant access to its Records and Record management systems so that Consultant may download such data. Data provided to or downloaded by Consultant pursuant to this Section shall be used by Consultant solely in accordance with the terms of this Agreement. 21. E-VERIFY/VERIFICATOIN OF EMPLOYMNET STATUS Pursuant to FS 448.095, Consultant certifies that is it registered with and uses the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by Consultant during the term of the Agreement. Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement and will verify immigration status to confirm employment eligibility. If Consultant enters into a contract with a subcontractor to perform work or provide services pursuant to the Agreement, Consultant shall likewise require the subcontractor to comply with the requirements of FS 448.095, and the subcontractor shall provide to Consultant an affidavit stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. Consultant will maintain a copy of such affidavit for the duration of its contract with owner. Consultant is prohibited from using the E -Verify program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 22. SCRUTINIZED COMPANIES Consultant verifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Consultant agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Municipality may immediately terminate this Agreement if the Consultant, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Consultant, its affiliates, or subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(3), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 23. PUBLIC RECORDS Pursuant to section 119.071, Florida Statures, Consultant shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and agrees to: A. Keep and maintain all public records that ordinarily and necessarily would be required by Municipality to keep and maintain in order to perform. Services under this Agreement. B. Upon request from Municipality's custodian of public records, provide copies to Municipality within a reasonable time and public access to said public records on the same terms and conditions that Municipality would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Page 6 of 9 111 C. Ensure that said public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining said public records and transfer, at no cost, to Municipality all said public records in possession of Consultant upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from Chapter 119, Florida Statutes, disclosure requirements. All records stored electronically must be provided to Municipality in a format that is compatible with the information technology systems of Municipality. E. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT MAURICIO BETANCUR, THE CUSTODIAN OF PUBLIC RECORDS, AT: 18070 COLLINS AVENUE, 4T" FLOOR SUNNY ISLES BEACH, FL 33160 P: (305) 792-1703 EMAIL: CITYCLERK@SIBFL.NET 24. GOVERNING LAW AND VENUE The negotiation and interpretation of this Agreement shall be construed under and governed by the laws of the State of Florida, without regards to its choice of laws provisions. Exclusive venue for any action under this Agreement, other than an action solely for equitable relief, shall be in the state and federal courts serving Miami -Dade County and each party waives any and all jurisdictional and other objections to such exclusive venue. 25. COUNTERPARTS This Agreement and any amendments may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. For purposes of executing this Agreement, scanned signatures shall be as valid as the original. 26. ELECTRONIC REPRESENTATIONS AND RECORDS Parties hereby agree to regard electronic representations of original signatures as legally sufficient for executing this Agreement and scanned signatures emailed by PDF or otherwise shall be as valid as the original. Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 27. ENTIRE AGREEMENT This Agreement, along with attached exhibits, constitutes the complete, entire and final agreement of the Parties hereto with respect to the subject matter hereof, and shall supersede any and all previous communications, representations, whether oral or written, with respect to the subject matter hereof. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. IN WITNESS HEREOF, the undersigned have caused this Agreement to be executed in their respective names on the dates hereinafter enumerated. [SIGNATURE PAGE TO FOLLOW] Page 7 of 9 112 M.T. CAUSLEY, LLC By: Name: Matthew K.ausle Title: President Date: December 7, 2023 STATE OF FLORIDA: COUNTY OF MIAMI-DADE: The foregoing instrument was acknowledged before me by means of X physical presence or ❑ online notarization, this 7th_ day of December, 2023, by Matthew K. Causley, as President of M.T. Causley, LLC. (SEAL) Notary Public State of Florida Gladys io ZHH rl 2 My Commission HH 294756 IM&Explres 7/28/2026 Personally Known X or Produced Identification Type of Identification Produced: (S(Not,olic, State of Florida ignature of Notary Public) Gladys G. Zubiri (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] Page 8 of 9 113 CMC CITY OF SUNNY ISLES BEACH BY: Stan Morris, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: - Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Page 9 of 9 114 EXHIBIT A City Of Doral Request for Qualifications Building Inspections & Plans Review Services RFQ No. 2023-04 NOTICE: Pursuant to the Procurement Ordinance, the City of Doral (the "City") hereby gives notice of its intent to use the Statement of Qualifications (SOQs) submitted in response to this RFQ to rank the Consultants according to the most qualified and to then initiate contract negotiations with the top ranked firms. The qualifications and selection of the firm(s) shall be in accordance with F.S.§287.055, Florida Statutes. All submittals shall be publicly opened and recorded on 10:00 am, Wednesday, June 7, 2023. Late submittals shall not be.accepted or considered. Proposals must be submitted electronically through https://network.demandstar.com/ or Vendor Registry https://vendorreaistry.com/ by the date and time stated above. Any proposals received after the due date and time specified, will not be considered. The City of Doral reserves the right to accept any proposal deemed to be in the best interest of the City or to waive any informality in any submittal. The city may reject any or all proposals and re -advertise. PROJECT OVERVIEW The City is soliciting proposals from qualified .and experienced firms for professional building inspection and plans review services in various disciplines for the city's Building Department. Services in the following specialized areas will include the following but may not be limited to: Building Inspector, Roofing Inspector, Electrical Inspector, Mechanical Inspector, Plumbing Inspector, Building Plans Examiner, Electrical Plans Examiner, Plumbing Plans Examiner, Mechanical Plans Examiner, Structural Plans Examiner, and Roofing Plans Examiner. The awarded firm(s) must be certified by Miami -Dade County Board of Rules & Appeals (BORA). It is the city's intent to award to multiple firms for the services required to ensure that adequate coverage is provided without compromising the delivery of any given city project and that: (a) possesses the professional and administrative capabilities to provide the proposed services, and (b) will agree to work under the compensation terms and conditions determined by the City to provide the greatest benefit to the taxpayers of the City. All questions and/or comments regarding this request for proposal should be directed to Procurement at the following email at procurement aacityofdora1.com. All inquiries must reference `RFQ No. 2023-04 — Building Inspection & Plans Review Services" in the subject line. No phone calls will be accepted in reference to this RFQ. 115 Any communications regarding matters of clarification must be made in writing to the email address listed above. If it becomes necessary to provide additional clarifying data or information that revises any part of this RFQ, supplements or revisions will be made available via written addendum. Solicitations may be found via the City of Doral website (www.cityofdoral.com) under Procurement, via Vendor Registry and via Onvia DemandStar, central notification systems which provide bid/proposal notification services to interested parties. To obtain the solicitation, interested parties must follow the link and register to be able to download the document. The City's schedule for this Request for Proposals is as follows: RFQ Advertisement Date: Cut-off Date for Written Questions: Deadline for Submittals & Opening: May 5, 2023 Friday, May 26, 2023 at 5:00 P.M. procurementCcbcityofdoral.com Wednesday June 7, 2023 at 10:00 A. M. Connie Diaz, MMC City Clerk 116 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 EXHIBIT B AGREEMENT RFQ 2023-04 — BUILDING INSPECTION & PLANS REVIEW SERVICES BETWEEN CITY OF DORAL AND M.T. CAUSLEY, LLC THIS AGREEMENT is made and entered into as of this23 day ofAugyst 2023, by and between M.T. Causley; LLC, a Florida Limited Liability Company organized and existing under the laws of the State of Florida, having its principal office at 444 N. Cleveland Avenue, Loveland, CO., 80537 with a local office at 10720 Caribbean Boulevard, Suite 650, Cutler Bay, Fla., 33189 (hereinafter referred to as the ("CONSULTANT"), and the City of Doral, a political subdivision of the State of Florida, having its principal office at 8401 NW 53`a Terrace, Doral, Florida 33166 (hereinafter referred to as the "CITY"). RECITALS WHEREAS, the CONSULTANT has offered to provide the services and to be bound by the terms and conditions of the Request for Qualifications No. 2023-04 Building Inspection & Plans Review Services ("RFQ") which includes the General Terms and Conditions, Special Conditions, Technical Specifications, and associated addenda attached hereto and incorporated herein as "Exhibit A", and the assertions included in the CONSULTANT's Proposal attached hereto and incorporated herein as "Exhibit B"; and WHEREAS, the CITY desires to retain a CONSULTANT to provide structural inspection and plans review services as more particularly specified in the RFQ in "Exhibit A"; and WHEREAS, CONSULTANT desires to render services described in the Scope of Services as described in "Exhibit A" and has provided documentation during the RFQ process establishing that they have the qualifications, experience, staff and resources to perform those Services; and WHEREAS, through a competitive selection process conducted in accordance with the requirements of Florida law and City policy, the CITY has determined that it to be in the best interest of the CITY to award an Agreement to the CONSULTANT for the rendering of those services described in the scope of services; and Page 1 of 11 117 DocuSign Envelope ID: 3D5E6550-0442-4D84-8DA4-B9A407230064 INCORPORATION BY REFERENCE AND ENTIRE AGREEMENT. The foregoing "Whereas" clauses are hereby incorporated by reference and affirmed and ratified by the parties as true and correct. The Documents which comprise this Agreement between the CITY and the CONSULTANT are attached hereto, made a part hereof and consist of the following: A. This Agreement; B. RFQ 2023-04 Building Inspection & Plans Review Services, attached hereto as "Exhibit All; C. CONSULTANT'S Proposal attached hereto as "Exhibit B",- D. ";D. Fee Schedule attached hereto as "Exhibit C". In the event of a conflict between any of the terms and conditions in the Exhibits and this Agreement, this Agreement shall prevail. If this Agreement is silent with regard to any conflict, "Exhibit A" shall prevail. NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties do hereby agree as follows: Additional Terms and Conditions SECTION 1. SERVICES &TERM. 1.1 The CONSULTANT shall provide the Services to the CITY on an as -needed basis, which determination of need will be at the sole and absolute discretion of the CITY. The CITY will provide written notice to the CONSULTANT of any requested Services and the CONSULTANT shall respond to such notice within one (1) business day with an estimate of the time required to complete the Services. The CITY shall review and approve any proposed Services prior to CONSULTANT proceeding with the work. Failure to obtain CITY approval may result in non- payment of any associated costs. 1.2 This Agreement shall commence upon the effective date of the last party to duly execute this Agreement and shall remain in effect for a period of three (3) years, with two (2) one-year renewal options. . 1.3 The CITY has the right to terminate this Agreement for convenience and for any reason or no reason, in whole or in part, upon fifteen (15) days written notice to the CONSULTANT. Upon termination of this Agreement, and final payment of any undisputed outstanding amounts due for the work rendered prior to and through the date of the notice of termination, copies of all records, charts, and other documents related to the work performed under this Agreement, whether finished or not, shall be turned over to the CITY within ten (10) days. 1.4 If a Party fails to fulfill its responsibilities and duties under this Agreement in a timely manner, or otherwise violates or defaults upon, any of the covenants, agreements, or stipulations material to this Agreement, the non -defaulting Party, shall thereupon have the right to terminate this Agreement Page 2 of 11 118 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 for cause. Prior to exercising its option to terminate for cause, the non -defaulting Party shall notify the defaulting Party of its violation of the particular term(s) of this Agreement and shall grant the defaulting Party ten (10) business days to cure such default. If such default remains uncured after ten (10) business days, the non -defaulting Party may terminate this Agreement without further notice to defaulting Party. Upon termination, the non- defaulting Party shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, the Agreement, except as otherwise stated in this Agreement. 1.5 CONSULTANT may terminate this Agreement upon ninety (90) days written notice, without cause and with no penalty or additional cost. In case of such termination, Contractor shall be entitled to receive payment for work completed up to and including the date of termination within thirty (30) days of.the termination. Contractor's termination for convenience does not constitute a default or breach of this Agreement. . 1.6 Loss of Funding: The Agreement shall remain in full force and effect only as long as funding for the services provided for in the Agreement has been appropriated by the City of Doral City Council in the annual budget for the fiscal year of this Agreement. The Agreement is subject to termination based on a lack of funding. SECTION 2. COMPENSATION 2.1 The CITY shall compensate the CONSULTANT for the services performed with this Agreement on an hourly basis (by task) to be billed in accordance with, and which shall not exceed, the amounts set forth in "Exhibit C". SECTION 3. NOTICE. 3.1 Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, or by nationally recognized overnight delivery service, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. Notice may also be sent by electronic means (facsimile or email) provided such is followed by a hard copy of such notice provided in the manner set forth above. Notice is deemed given when received. For the present, CONSULTANT and the CITY designate the following as the respective places for giving such notice: For the City: Barbara Hernandez City Manager City of Doral, Florida 8401 NW 53rd Terrace Doral, Florida 33166 With a Copy to: City Attorney 8401 NW 53rd Terrace Doral, Florida 33166 Page 3 of 11 119 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 CONSULTANT: Matthew K. Causley, President M.T. Causley, LLC, 10720 Caribbean Blvd, Suite 650 Cutler Bay, FL 33189 SECTION 4. MODIFICATION. 4.1 The covenants, terms, and provisions of this Agreement may be modified only by way of a written instrument, mutually accepted by the parties and executed in the same formality as this Agreement. In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the provisions of the latest executed instrument shall take precedence. SECTION 5. INDEPENDENT CONSULTANT 5.1 The CONSULTANT is an Independent Consultant under this Agreement. Personnel provided by the CONSULTANT shall be employees of the CONSULTANT and subject to supervision by the CONSULTANT, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security, health insurance, worker's compensation insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to the Work rendered under this Agreement shall be those of the CONSULTANT. The CONSULTANT shall be solely responsible for any injuries suffered by the CONSULTANT's employees. It is clear that CITY will not provide workers' compensation insurance for the CONSULTANT or its employees. Nothing contained in the Agreement shall be construed so as to create a partnership or joint venture and neither party hereto shall be liable for the debts or obligations of the others, unless otherwise specified in this Agreement. No employee or agent of the CONSULTANT shall be deemed to be an employee or agent of the CITY. The CONSULTANT shall be responsible for compliance with all applicable, local, state and federal laws and regulations in the performance of any services to the CITY. Should any question arise as to the interpretation or as to the nature of the services to be provided by the CONSULTANT, the opinion of the CITY shall establish, for all purposes, the nature of the work. The CONSULTANT shall have no power to obligate the CITY. SECTION 6. INDEMNIFICATION. 6.1 For other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, CONSULTANT shall indemnify and hold harmless the CITY and its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees including those fees and costs associated with a trial and any subsequent appeals, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the Agreement. 6.2 Nothing herein shall be construed as a waiver of the CITY's rights, privileges, immunities, and or limitations as provided in Section 768.28, Florida Statutes. Page 4 of 11 120 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 SECTION 7. GOVERNING LAW. 7.1 This Agreement will be governed by the laws of the State of Florida. Any claim, objection, or dispute arising out of the terms of this Agreement shall be brought in Miami -Dade County. SECTION 8. RECORDS. 8.1 With respect to all matters covered by. this Agreement, records will be made available for examination, audit, inspection, or copying purposes at any time during normal business hours at a location within Miami Dade County, Florida as often as the CITY may reasonably require. CONSULTANT will permit same to be examined and excerpts or transcriptions made or duplicated from such records, and audits made of all contracts, invoices, materials, records of personnel and of employment and other data relating to all matters covered by this Agreement. The CITY's right of inspection and audit shall obtain likewise with reference to any audits made by any other agency, whether local, state or federal. CONSULTANT shall retain all records and supporting documentation applicable to this Agreement for three (3) years from the date of submission of the annual performance report or as required by State record retention schedules, whichever is later. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, records must be retained until completion of the action and resolution of all issues which arise from it, or the end of the required.period, whichever is later. SECTION 9. COMPLIANCE WITH LAWS. 9.1 - The CONSULTANT shall comply with the applicable requirements of State laws and all Codes and Ordinances of the CITY as amended from time to time, together with keeping and maintaining in full force and effect during the term of this Agreement all licenses and certificates of authorization required pursuant to applicable law, including without limitation those required by Chapters 471, 481, and 489, Florida Statutes. A. If the PROJECT involves E.P.A. Grant eligible work, the CITY and the CONSULTANT agree that the provisions of 40 CFR, Part 35, Appendix C-1, shall become a part of this Agreement and that such provisions shall supersede any conflicting provisions of this Agreement for work performed under said Agreement. B. If the PROJECT involves work under other Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in the Agreement. C. Any documents provided by CONSULTANT to the CITY are public records and the CITY may authorize third parties to review and reproduce such documents pursuant to public records laws, including the provisions of Chapter 119, Florida Statutes. SECTION 10. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY) 10.1 The CONSULTANT must comply with the Employment Eligibility Verification Program ("B -Verify Program") developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by Page 5 of 11 121 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 reference. If applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the CONSULTANT must (1) enroll in the E -Verify Program, (2) use E -Verify to verify the employment eligibility of all new hires working in the United States; (3) use E -Verify to verify the employment eligibility of all employees assigned to the Agreement; and (4) include this requirement in certain subcontracts, such as construction. Information on registration for and use of the E -Verify Program can be obtained via the internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify. 10.2 The CONSULTANT shall also comply with Florida Statute 448.095, which directs all public employers, including municipal governments, and private employers with 25 or more employees to verify the employment eligibility of all new employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public entity may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract -with an unauthorized alien. In accordance with Florida Statute 448.095, CONSULTANT, if it employs more than 25 employees, .is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by CONSULTANT during the contract term. Further, CONSULTANT must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of CONSULTANT to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. CONSULTANT must retain the I-9 Forms for inspection, and provide an executed E -Verify Affidavit, which is attached hereto as Exhibit "D". SECTION 11. EQUAL EMPLOYMENT During the performance of this Agreement or any related Work Order, the CONSULTANT shall: 11.1 Not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, sexual orientation, gender identity, handicap, or national origin. CONSULTANT shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, age, sex, handicap, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT shall post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 11.2 In all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, it must state that all qualified applicants will receive considerations for employment without regard to race, color, religion, age, sex, handicap, or national origin. SECTION 12. ASSIGNMENT AND SUBCONSULTING 12.1 This Agreement and the rights of the CONSULTANT and obligations hereunder may not be assigned, delegated, or subconsulted by the CONSULTANT without the express prior written consent of the CITY. Written consent shall not be unreasonably withheld or delayed. Any assignment, delegation or subconsult without such express prior written consent shall be null and void and shall constitute a material breach of this Agreement, upon which the CITY may immediately terminate Page 6 of 11 122 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 the Agreement in accordance with the provisions of paragraph 13. The CITY may assign its rights, together with its obligations hereunder. SECTION 13. COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW 13.1 Pursuant to Section 119.0701 of the Florida Statutes, CONSULTANT agrees to: A. Keep and maintain public records in CONSULTANT's possession or control in connection with CONSULTANT's performance under this agreement. CONSULTANT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the CITY. B. Upon request from the CITY's custodian of public records, CONSULTANT shall 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 by Chapter 119, Florida Statutes, or as otherwise provided by law. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the CITY. Notwithstanding, it is understood that at all times CONSULTANT's workpapers shall remain the sole property of CONSULTANT and are not subject to the terms of this Agreement. C. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of CONSULTANT shall be delivered by CONSULTANT to the CITY Manager, at no cost to the CITY, within seven (7) days. All such records stored electronically by CONSULTANT shall be delivered to the CITY in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, CONSULTANT shall destroy any and all duplicate records that are exempt or confidential and exempt from public records disclosure requirements. Notwithstanding the terms of this Section, the Parties agree and it is understood that CONSULTANT will maintain a copy of any information, confidential or otherwise, necessary to support its work product generated as a result of its engagement for services, solely for reference and archival purposes in accordance with all applicable professional standards, which will remain subject to the obligations of confidentiality herein. D. Any compensation due to CONSULTANT shall be withheld until all records are received as provided herein. E. CONSULTANT's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY. IF THE CONSULTANT HAS QUESTIONS REGARDING THE Page 7 of 11 123 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONSULTANT SHALL COMPLY WITH THE REQUIREMENTS OF FLORIDA STATUTES 119.071 TO THE EXTENT APPLICABLE TO CONSULTANT. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (TELEPHONE NUMBER: 305-593-6730 E-MAIL ADDRESS: CONNIE.DIAZ@CITYOFDORAL.COM, AND MAILING ADDRESS: THE CITY OF DORAL HALL 8401 NW 53RD TERRACE, DORAL, FL 33166 SECTION 14. PROMPT PAYMENT ACT. 14.1 The CITY as a municipal corporation is subject to the Local Government Prompt Payment Act, Chapter 218, Part VII, Fla. Stat. (as amended). SECTION 15. CONFLICT OF INTEREST/CODE OF ETHICS. 15.1 The CONSULTANT represents that it has provided a list of all current clients subject to the jurisdiction of the CITY. Any potential or actual conflict between private interests. and responsibilities under this Agreement shall be immediately disclosed to the CITY. The CONSULTANT agrees that it will not enter into any agreements during the term of this Agreement to provide services for any person or corporation who applies for a permit or other development approval from the CITY. Upon request of the CONSULTANT, and full disclosure of the nature and extent of the proposed representation, the CITY Manager or his designee shall have the authority to authorize such representation during the term of this Agreement. 15.2 The CONSULTANT agrees to adhere to and be governed by all applicable provisions of the Miami -Dade County Conflict of Interest and Code of Ethics Ordinance Section 2-11.1, as amended; and by The City of Doral Charter and Code as amended; both of which are incorporated by reference as if fully set forth herein, in connection with the Agreement conditions hereunder. The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirectly that would conflict in any manner or degree with the performance of the services. 15.3 Standards and Proper Decorum: The CITY promotes and expects a high standard of ethics and professional conduct in all CITY employees. The CONSULTANT shall be held to the same standards and shall be held accountable for any conduct or demeanor contrary to the CITY employee conduct policy while representing the CITY. SECTION 16. SOVEREIGN IMMUNITY. 16.1 The CITY is a political subdivision of the State of Florida, self-insured and subject to the Page 8 of 11 124 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 provisions of Section 768.28, Florida Statutes, as may be amended from time to time. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the City's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. SECTION 17. ORDER OF PRECEDENCE. 17.1 In the event there is a conflict between this Agreement, the Consultant's Response, or the Scope of Work, the order of precedence shall be this Agreement, then the RFQ 2023-04 Building Inspection & Plans Review Services, attached hereto as "Exhibit A"; then the Consultant's Proposal attached hereto as "Exhibit B". The City expressly rejects any additional terms or conditions not consistent with the terms herein. 0 X911_I11jefE:n I&III:7:\►[y no 18.1 The Consultant shall secure and maintain throughout the duration of this Agreement insurance of such type and in such amounts as required by "Exhibit A." The insurance carrier shall be qualified to do business in the State of Florida and have agents upon whom service of process may be made in the State of Florida. 18.2 The City shall be named as an additional insured on all policies with the exception of workers' compensation. 18.3 Certificates of Insurance shall be provided to the City at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the City before any policy or coverage is cancelled or restricted, or in accordance with policy provisions. The City further reserves the right to solicit additional coverage, or require higher limits of liability as needed, and depending on the nature of scope, or level of exposure. SECTION 19. NON -EXCLUSIVITY. 19.1 This Agreement is non-exclusive. The CITY'S retains the right to engage the services of additional third -party CONSULTANTs or assign responsibilities to an employee of the CITY'S to perform the same or similar services provided by CONSULTANT under this Agreement and to assign work to such parties in its sole discretion. SECTION 20. ANTI -DISCRIMINATION. 20.1 CONSULTANT certifies that it does not discriminate in its membership or policies based on race, color, national origin, religion, sex, sexual orientation, familial status or handicap. CONSULTANT further agrees that neither CONSULTANT, nor any parent company, subsidiaries or affiliates of CONSULTANT are currently engaged in, nor will engage in during the term of this Agreement, the boycott of a person or business based in or doing business with a member of the World Trade Organization or any country with which the United States has free trade. SECTION 21. SCRUNTIZED COMPANIES. 21.1 CONSULTANT certifies that it and its subconsultants are not on the Scrutinized Page 9 of 11 125 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the CITY'S may immediately terminate this Agreement at its sole option if the CONSULTANT or its subconsultants are found to have submitted a false certification; or if the CONSULTANT, or its subconsultants are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 21.2 If this Agreement is for more than one million dollars, the CONSULTANT certifies that it and its subconsultants are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the CITY'S may immediately terminate this Agreement at its sole option if the CONSULTANT , its affiliates, or its subconsultants are found to have submitted a false certification; or if the CONSULTANT, its affiliates, or its subconsultants are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 21.3 The CONSULTANT agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above -stated consulting prohibitions then they shall become inoperative. SECTION 22. NO CONTINGENCY FEES. 22.1 The CONSULTANT warrants that it has not employed or retained . any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Page 10 of 11 126 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on this 23 day of August , 2023. CONSULTANT �� Si nature Matthew K. Causley, President Print Name and Title August 23, 2023 Date Witness S2;gn tur Jordan Hoffman Wit ess Print Name W ness Signature Jeannie Walsh Witness Print Name CITY OF DORAL Barbara Hernandez, City Manager 8/31/2023 Date Approved as to form and legal sufficiency: WL441 V(UdV Nabors Giblin & Nickerson P.A. City Attorney Page 11 of 11 127 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 EXHIBIT "C" RFQ 2023-04 — BUILDING INSPECTION & PLANS REVIEW M.T. CAUSLEY, LLC - FEE SCHEDULE Service Standard Hourly Rate* Inspection Services $125.00 per hour — Includes Building, Roofing, Mechanical, Electrical and Plumbing Plan Review Services $125.00 per hour — Includes Building, Roofing, Mechanical, Electrical and Plumbing Plan Review Services $185.00 per hour — Structural Only Building Official $155.00 per hour Permit Technician $85.00 per hour *Services requested beyond CITY'S normal business hours will be invoiced at one -and -a -half (1.5) times the standard hourly rate, minimum two (2) hours. Services requested on a Saturday will be invoiced at one -and -a -half (1.5) times the standard hourly rate, minimum four (4) hours. Services requested on a Sunday or US Federal Holiday will be invoiced at two (2) times the standard hourly rate, minimum four (4) hours. 128 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 Res. No 23-114 Page 1 of 4 RESOLUTION No. 23-114 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA,. AWARDING REQUEST FOR QUALIFICATIONS #2023-04, "BUILDING INSPECTIONS AND PLANS REVIEW SERVICES" TO THE TOP RANKED FIRMS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AGREEMENTS WITH C.A.P. GOVERNMENT, INC., M.T. CAUSELY, LLC, AND EASTERN ENGINEERING GROUP COMPANY, FOR A TERM OF THREE (3) YEARS WITH THE OPTION OF TWO (2) ADDITIONAL ONE (1) YEAR RENEWALS FOR A POSSIBLE TOTAL OF FIVE (5) YEARS IN AN AMOUNT NOT TO EXCEED ANNUAL BUDGETED FUNDS; PROVIDING FOR IMPLEMENTATION; AND'PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on May 5, 2023, the City of Doral ("City") issued Request for Qualifications No. 2023-04 for Building Inspections and Plans Review Services (the "RFQ") via electronic notices posted on the City's website, VendorRegistry, and Demandstar, and electronic notification to more than 1,268 vendors, for the provision of additional inspections and plans review services to the public; and WHEREAS, three (3) firms submitted proposals in response to the RFQ on June 7, 2023 with all proposals meeting the required criteria; and WHEREAS, on June 26, 2023, the Evaluation Committee convened to evaluate and rank the proposals, and provided the following final ranking and score, which was based on an average of the scores provided by each of the four committee members: 1. C.A.P. Government, Inc. 91.50 2. M.T. Causely, LLC 88.25 3. Eastern Engineering Group 60.50 WHEREAS, Staff has recommends that the City Council authorize the City Manager to negotiate and enter into an agreement with all three (3) firms for the provision 129 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 Res. No 23-114 Page 2 of 4 of additional inspections and plans review services for a period of three (3) years with the option for two (2) one-year (1) renewals, for a possible total of five (5) years. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL AS FOLLOWS: Section 1. Recitals. The foregoing recitals are confirmed, adopted and incorporated herein and made a part hereof. Section 2. Award. The award of RFQ No. 2023-04 to C.A.P. Government, M.T. Causely, LLC, and Eastern Engineering Group Company for the provision of additional building inspections and plans review services is hereby approved. This award, in and of itself, does not vest any rights on any of the named parties. Section 3. Authorization. The City Manager is hereby authorized to negotiate and enter into an agreement with C.A.P. Government, M.T. Causely, LLC, and .Eastern Engineering Group Company for the provision of additional building inspections and plans review services for a period of three (3) years, with the option for two (2) one-year (1) renewals, for a total possible term of five (5) years. The agreements are subject to approval by the City Attorney as to form and legal sufficiency and on such other terms and conditions as may be appropriate to protect and further the interests of the City. This authorization does not create or confer any rights to C.A.P. Government, M.T. Causely, LLC, or Eastern Engineering Group Company. The City Manager is further authorized to expend budgeted funds, which budgeted funds will come from Account No. 109.70005.500310. 130 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A40723OC64 Res. No 23-114 Page 3 of 4 . Section 4. Implementation. The City Manager and City Attorney are hereby authorized to take such further action as may be necessary to implement the purpose and provisions of this resolution. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption. 131 DocuSign Envelope ID: 3D5E6550-0442-4D84-BDA4-B9A407230064 Res. No 23-114 Page 4 of 4 The foregoing Resolution was offered by Vice Mayor Pineyro who moved its adoption. The motion was seconded by Councilmember Porras and upon being put to a vote, the vote was as follows: Mayor Christi Fraga Yes Vice Mayor Rafael Pineyro Yes Councilwoman Digna Cabral Yes Councilwoman Maureen Porras Yes Councilman Oscar Puig-Corve Yes PASSED AND ADOPTED this 9 day of August, 2023. CHRISTI FRAGA, MAYOR ATTEST: NI E DIAZ, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF DORAL ONLY: OC9 VALERIE VICENTE, ESQ. for NABORS, GIBLIN & NICKERSON, P.A. CITY ATTORNEY 132 DATE: PROCUREMENT MANAGEMENT DIVISION 8401 NW 53`d Terrace, Doral, Florida 33166 Procurement@cityofdoral.com NOTICE OF RECOMMENDATION TO AWARD SOLICITATION NO.: TITLE: 8/4/2023 RFQ No. 2023-04 Building Inspections and Plans Review Services Notice is hereby given that the City of Doral has completed its evaluation of the submittals received for the above -referenced solicitation. The City Manager has recommended award of the contract to the following recommended proposers. RECOMMENDED CONSULTANTS: DETAILS: TERM: RENEWAL(S): C.A.P. Government, Inc. M.T. Causely, LLC Eastern Engineering Group INITIAL THREE (3) YEAR PERIOD TWO (2) ONE YEAR RENEWAL OPTIONS The Cone of Silence has terminated for the above -referenced solicitation as the City Manager has recommended to award, approved a contract, or otherwise has taken action which terminates the Cone of Silence pursuant to Miami -Dade County Ordinance Section 2-11.1(t). 133 F -) a� C (u 06 N C O U N Q N C O) C i7 m M N 0 N O Z a X ca 0 ca W O L 134 ° Cd M Co lA d' cn N- M M Cl)M U) r M O O fl- LO O O 00 V M CM M N �— M M M N M ap N N H ch. nu ° a � r N M N r tO I� r -ti M N M C:) LO W N N r b N i. W r+ b b i.r NLO to w U� It LO CO d' Lq co O O LO M O O LO ti M M N M M co MN M r r N N 00 {Zi U b a ° a° a Q M M � C CL 0 m d c `m v d > Q W w d O N O N V N A 0 N N {=0 J f`0 a f0 0 cc 0 c p cm Qavima N o v M ON V. o Qamf0 d W o w Ua ° wm — a a mm cn" c y c oJ W w O J W Q O J a W O J A Wa: O N M O L 134 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "B" M.T. CAUSLEY, LLC — FIRST AMENDMENT Page 6 of 7 135 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "C" 137 M.T. CAUSLEY, LLC — FIRST AMENDMENT Page 7 of 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "C" M.T. CAUSLEY, LLC — FIRST AMENDMENT Page 7 of 7 c, V Tp of sslM n's+ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Clayton L. Parker, Building Official DATE: J u ly 18, 2024 RE: Amendment of Professional Services Agreement Between the City of Sunny Isles Beach and M.T. Causley, LLC. RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach entered into a cooperative Professional Service Agreement, based off the City of Doral, Florida Agreement, RFQ No. 2023-04, for Building Inspections and Plan Review Services in the Building Department in an amount not -to exceed $50,000. The city desires to amend the original Agreement to increase the not -to exceed amount from $50,000 to $250,000 to cover workload in the Building Department forthe remainder of the calendar year. ADDITIONAL INFORMATION: On December 7, 2023, the city entered into a Professional Service Agreement with M.T. Causley, LLC for non-exclusive structural inspection and plan review services on an as -needed basis. The city entered into this agreement using the City of Doral's solicitation information, and Consultant's response, in a total contract not -to exceed $50,000. However, due to the Building Department's unsuccessful efforts to fill several inspector vacancies, the department continues to have the need to utilize the services provided under this agreement. This resolution will approve the not -to -exceed amount increase to the contract from $50,000 to $250,000. FUNDING SOURCE: Building Department Professional Services Account 140-4-5150-431000-00000 ATTACHMENTS: Resolution First Amendment Item Number: 10.F 97 Item Number: 10.F 98