HomeMy Public PortalAbout2024-21 Selecting C.A.P. Government, Inc. and M.T. Causley, LLC for building inspection and examination services pursuant to request for proposals No. 2024-04RESOLUTION NO. 2024-21
A RE SOLUTION OF THE VILLAGE COUN CIL OF THE
VILLAGE OF KEY BISCAYNE, FLORI DA, SELECTING
C.A.P. GOVERN MENT, INC. AND M.T. CAUSLEY, LLC
FOR BUILDING INSPECTION AND EXAMINATION
SERVICES PURSUANT TO REQUEST FOR PROPOSALS
NO. 2024-04; PROVIDING FOR AUTHORIZATION;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FORAN EFFECTIVE DATE.
WHEREAS, on D ecem ber 14, 2023, the Village of K ey Biscayne (the "V illage") issued
R equest fo r Pro posal N o. 2024-04 (the "RF P") fo r building inspection and exam ination services
(the "Services") on an as-needed basis; and
WHEREAS, three sealed pro posals w ere received by the RF P deadline; and
W HERE AS, on M arch 14, 2024, an Evaluation C om m ittee appointed by the Village
M anager short listed firm s and ra nked the firm s; and
WHEREAS, after review and considera tion of the pro posals subm itted in response to the
R FP , the V illage M anager recom m ends that the Village Council select C.A.P. Govern m ent, Inc.
and M .T . C ausley, LL C (collectively, the "Consultants") to perfo rm the Services; and
WHERE AS, the V illage C ouncil desires to select the Consultants and authorize the
V illage M anager to negotiate and enter into an agreem ent in substantially the fo rm attached hereto
as E xhibit "A " w ith each of the C onsultants fo r the pro vision of the Services; and
WHEREAS, the V illage C ouncil finds that this Resolution is in the best interest and
w elfa re of the residents of the V illage.
NOW, THERE FORE , BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirm ed, and incorpora ted herein.
Page I of2
Section 2. Selection. That the Village Council hereby selects the Consultants for the
provision of the Services.
Section 3. Authorization. That the Village Council hereby authorizes the Village
Manager to negotiate and execute an agreement with each of the Consultants, in substantially the
form attached hereto as Exhibit "A," subject to the final approval of the Village Attorney as to
form, content, and legal sufficiency.
Section 4. Implementation. That the Village Manager and Village Attorney are
hereby authorized to take such further action as may be necessary to implement the purpose and
provisions of this Resolution.
Section 5.
adoption.
Effective Date. That this Resolution shall be effective immediately upon
PASSED and ADOPTED this 9th day of_~A-pr=il~ __ , 2024.
ATTEST:
~~~l<ob JOCEYNB.KH
VILLAGE CLE
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 2 of2
E X H IB IT A
PR O FESSIO N A L SERVICES AGREEMENT
BETW EEN
TH E VILLA G E O F KEY BISCAYNE
AND
NA M E OF ENTITY
TH IS A G R EEM EN T (this "Agreement") is made effective as of the day of
__________ , 2024 (the "Effective Date"), by and between the VILLAGE OF
K EY BISC A Y N E, FLO R ID A , a Florida municipal corporation, (the "Village"), and NAM E OF
NTITY , a Florida [type of entity] (hereinafter, the "Consultant").
W H ER EA S, the Village desires building examination and inspection services
(the "Services") on an as-needed basis, all as set forth in the Scope of Services attached hereto as
Exhibit "A"; and
W H ER EA S, on December 14, 2023, the Village issued Request for Proposal No. 2024-04
(the "RFP") for the Services, which RFP is incorporated herein by this reference; and
W H ER EA S, the Consultant submitted a Proposal, attached hereto as Exhibit "B," in
response to the RFP; and
W H ER EA S, on April 9, 2024, the Village Council adopted Resolution No. 2024-
selecting the Consultant (among others) to provide the Services and authorizing the Village
Manager to negotiate and execute an agreement with the Consultant; and
W H ERE A S, Compensation for the Services provided by the Consultant shall be m
accordance with the Rate Schedule attached hereto as Exhibit "C"; and
W HER EA S, the Village desires to engage the Consultant to perform the Services and
provide the deliverables as specified below.
N O W , TH ER EFO R E, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the Village agree as follows:
1. Scope of Services.
1.1. The Consultant shall provide the Services as requested by the Village and as detailed in a
document which the Village will provide to the Consultant when engaging the Consultant
on a specific project (each a "Statement of Work"). Consultant shall abide by and perform
all Services in accordance with the RFP, the Scope of Services, attached hereto as
Exhibit "A," and the Proposal, attached hereto as Exhibit "B," which exhibits are
incorporated herein by this reference.
1.2. The Consultant shall provide the Village with a fixed lump sum cost for the Services
requested in the Statement of Work prior to providing the Services for a specific project.
Contract No. 2024-04A Page 1 of 21
If the Village approves the fixed lump sum cost for the Statement of Work, the Village
will provide the Consultant with a written notice to perform the Services as set forth in the
Statement of Work ("Notice to Proceed"). The Consultant must obtain a Notice to Proceed
prior to undertaking or performing any Services requested in a Statement of Work.
1.3. Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
"Deliverables") to the Village.
2. T erm /C om m encem ent D ate.
2.1. The term of this Agreement shall be from the Effective Date through three years thereafter,
unless earlier terminated in accordance with Paragraph 8. Additionally, the Village
Manager may renew this Agreement for two additional one-year periods on the same terms
as set forth herein upon written notice to the Consultant.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the Village Manager.
3. C om pensation and Paym ent.
3.1. Compensation for Services provided by the Consultant shall be in accordance with the
approved fixed lump sum set forth in the Notice to Proceed for any Statement of Work for
each project and the Rate Schedule attached hereto as Exhibit "C."
3.2. Consultant shall deliver an invoice to Village no more often than once per month detailing
Services completed and the amount due to Consultant under the Statement of Work for each
project. Fees shall be paid in arrears each month, pursuant to Consultant's invoice, which
shall be based upon the percentage of work completed for each Statement of Work. The
Village shall pay the Consultant in accordance with the Florida Prompt Payment Act after
approval and acceptance of the Services by the Village Manager.
3.3. Consultant's invoices must contain the following information for prompt payment:
3.3.1. Name and address of the Consultant;
3.3.2. Purchase Order number;
3.3.3. Contract number;
3.3.4 . Date of invoice;
3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers
will be rejected);
3.3.6. Name and type of Services;
3.3.7. Timeframe covered by the invoice; and
Contract No. 2024-04 Page 2 of 21
3.3.8. Total value of invoice.
Failure to include the above information will result in the delay of payment or rejection of
the invoice. All invoices must be submitted electronically to payables@keybiscayne.fl.gov.
4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the Village Manager, which approval may be granted or withheld in the
Village Manager's sole and absolute discretion.
5. Village's Responsibilities.
5.1. Village shall make available any maps, plans, existmg studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the Village,
and provide criteria requested by Consultant to assist Consultant in performing the
Services.
5.2. Upon Consultant's request, Village shall reasonably cooperate in arranging access to
public information that may be required for Consultant to perform the Services.
6. Consultant's Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant's Deliverables
or Services are incorrect, not properly rendered, defective, or fail to conform to Village
requests, the Consultant shall at Consultant's sole expense, immediately correct its
Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services for Village as an independent contractor of the Village. Consultant further warrants
and represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first class
manner.
6.3. The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
Contract No. 2024-04A Page 3 of 21
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appeara nce thereof, Consultant shall not, for the
term of this A greem ent, pro vide any consulting services to any private sector entities
( developers, corpora tions, real estate investors, etc.), with any current, or fo reseeable,
adversarial issues in the Village.
8. Termination.
8.1. The V illage M anager, w ithout cause, m ay term inate this Agreem ent upon five (5) calendar
days' w ritten notice to the C onsultant, or im m ediately with cause.
8.2. U pon receipt of the V illage's written notice of term ination, Consultant shall imm ediately
stop w ork on the project unless directed otherwise by the V illage M anager.
8.3. In the event of term ination by the Village, the C onsultant shall be paid fo r all work
accepted by the V illage M anager up to the date of term ination, pro vided that the
C onsultant has first com plied with the pro visions of Para gra ph 8.4 .
8.4. The C onsultant shall tra nsfe r all books, records, reports, working dra fts, docum ents, maps,
and data pert aining to the Serv ices and the project to the Village, in a hard copy and
electro nic fo rm at w ithin fo urt een (14) days from the date of the written notice of
term ination or the date of expira tion of this Agreem ent.
9. Insurance.
9.1. C onsultant shall secure and m aintain thr oughout the dura tion of this agreem ent insura nce
of such types and in such am ounts not less than those specified below as satisfa ctory to
V ill age, nam ing the V illage as an Additional In sured, underw ritten by a firm rated A-X or
better by A .M . B est and qualified to do business in the State of Fl orida. The insura nce
covera ge shall be prim ary insura nce with respect to the Village, its offi cials, em ployees,
agents, and volunteers nam ing the Village as additional insur ed. Any insura nce maintained
by the V illage shall be in excess of the C onsultant's insura nce and shall not contribute to
the C onsultant's insura nce. The insura nce covera ges shall include at a m inim um the
am ounts set fo rt h in this section and m ay be increased by the Village as it deem s necessary
or pru dent.
9.1.1. C om m ercial G enera l Liability covera ge with lim its of liability of not less than a
$1,000,000 per O ccurr ence com bined single lim it fo r Bodily Injur y and Property
D am age. This Liability Insura nce shall also include Com pleted Opera tions and
Pro duct Liability covera ges and elim inate the exclusion with respect to pro perty under
the care, custody and contro l of C onsultant. The Genera l Aggregate Liability limit
and the Pro ducts/C om pleted Opera tions Liability Aggregate lim it shall be in the
am ount of $2,000,000 each.
9.1.2. W orkers C om pensation and Em ployer's Liability insurance, to apply fo r all
em ployees fo r statutory lim its as required by applicable State and Federa l law s. The
policy(ies) m ust incl ude Em ployer's Liability with m inim um lim its of $1,000,000.00
C ontra ct N o. 2024-04N Page 4 of 21
each accid en t. N o em ploy ee, subcontra ctor or agent of the C onsultant shall be allow ed
to p ro v id e Services pu rsuant to this A greem ent w ho is not covered by W orker's
C o m p en satio n in sura nce.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village,
reflecting the Village as an Additional Insured ( except with respect to Professional
Liability Insurance and Worker's Compensation Insurance), no later than ten ( 10) days
after award of this Agreement and prior to the execution of this Agreement by Village and
prior to commencing Services. Each certificate shall include no less than (30) thirty-day
advance written notice to Village prior to cancellation, termination, or material alteration
of said policies or insurance. The Consultant shall be responsible for assuring that the
insurance certificates required by this Section remain in full force and effect for the
duration of this Agreement, including any extensions or renewals that may be granted by
the Village. The Certificates of Insurance shall not only name the types of policy(ies)
provided, but also shall refer specifically to this Agreement and shall state that such
insurance is as required by this Agreement. The Village reserves the right to inspect and
return a certified copy of such policies, upon written request by the Village. If a policy is
due to expire prior to the completion of the Services, renewal Certificates of Insurance
shall be furnished thirty (30) calendar days prior to the date of their policy expiration.
Each policy certificate shall be endorsed with a provision that not less than thirty (30)
calendar days' written notice shall be provided to the Village before any policy or
coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval
of the Village.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's
Compensation Insurance, the Village is to be specifically included as an Additional
Insured for the liability of the Village resulting from Services performed by or on behalf
of the Consultant in performance of this Agreement. The Consultant's insurance,
including that applicable to the Village as an Additional Insured, shall apply on a primary
basis and any other insurance maintained by the Village shall be in excess of and shall not
contribute to the Consultant's insurance. The Consultant's insurance shall contain a
severability of interest provision providing that, except with respect to the total limits of
liability, the insurance shall apply to each Insured or Additional Insured (for applicable
policies) in the same manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the Village. The Consultant shall be responsible for the payment
of any deductible or self-insured retentions in the event of any claim.
Contract No. 2024-04A Page 5 of 21
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and will abide by all Federal and State laws regarding
nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VO LUNT ARIL Y AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the Village, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant's performance or non
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant shall reimburse the Village for all its expenses including
reasonable attorneys' fees and costs incurred in and about the defense of any such claim
or investigation and for any judgment or damages arising from Consultant's performance
or non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the
Village nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The Village is
subject to section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/ Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties ( or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
Contract No. 2024-04A Page 6 of 21
15 . E n tire A g reem en t/M od ifi cation / A m en dm ent.
15 .1. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the Village which are conceived, developed or made by Consultant during the term of this
Agreement ("Work Product") belong to the Village. Consultant shall promptly disclose
such Work Product to the Village and perform all actions reasonably requested by the
Village (whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant's possession
or control in connection with Consultant's performance under this Agreement. The Village
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. 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 Village.
16.3. Upon request from the Village's custodian of public records, Consultant shall
provide the Village 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.
16.4. 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 Village.
16.5. 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 the Consultant
shall be delivered by the Consultant to the Village Manager, at no cost to the Village,
within seven (7) days. All such records stored electronically by Consultant shall be
delivered to the Village in a format that is compatible with the Village's information
technology systems. Once the public records have been delivered upon completion or
Contract No. 2024-04.Ai Page 7 of 21
term ination of this A greem ent, the C onsultant shall destro y any and all duplicate public
records that are exem pt or confidential and exem pt from public records disclosur e
requirem ents.
16.6. A ny com pensation due to C onsultant shall be withheld until all records are received
as pro vided herein.
16.7. C onsultant's fa ilur e or refu sal to com ply w ith the pro visions of this section shall
result in the im m ediate term ination of this Agreem ent by the Village.
16.8. Notice Pursuant to Section 119.0701(2)(a). Florida Statutes. IF THE
CONSULTANT HAS QUESTIONS REGARD ING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEM ENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records:
Mailing address:
Telephone number:
Email:
Jocelyn B. Koch
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5506
i koch@keybiscayne.fl.gov
17. Nonassignability. This A greem ent shall not be assignable by Consultant unless such
assignm ent is first appro ved by the Village M anager. The V illage is relying upon the apparent
qualifi cations and expert ise of the C onsultant, and such firm 's fa m iliarity with the V illage's
area, circum stances and desires.
18. Severability. If any term or pro vision of this Agreem ent shall to any extent be held invalid or
unenfo rceable, the rem ainder of this Agreem ent shall not be affected thereby, and each
rem aining term and pro vision of this Agreem ent shall be valid and be enfo rceable to the fullest
extent perm itted by law .
19. Independent Contractor. The C onsultant and its em ployees, volunteers and agents shall be
and rem ain an independent contra ctor and not an agent or em ployee of the Village with respect
to all of the acts and services perfo rm ed by and under the term s of this Agreem ent. This
A greem ent shall not in any way be constru ed to create a partnership, association or any other
kind of joint undertaking, enterp rise or ventur e betw een the parties.
20. Compliance with Laws. The C onsultant shall com ply with all applicable law s, ordinances,
ru les, regulations, and law fu l orders of public authorities in carrying out Services under this
A greem ent, and in particular shall obtain all required perm its from all jur isdictional agencies
to perfo rm the Services under this Agreem ent at its ow n expense.
C ontra ct N o. 2024-04A Page 8 of 21
21. W aiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. 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.
24. Public Entity Crimes A ffi davit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
26. C onfli cts. In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. Confli cts; Order of Priority. This document without exhibits is referred to as the "Base
Agreement." In the event of a conflict between the terms of this Base Agreement and any
exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict
shall be resolved in the following order of priorities and the more stringent criteria for
performance of the Services shall apply:
27.1. First Priority: Exhibit D - FEMA Contract Provisions Guide;
27.2. Second Priority: Base Agreement;
27.3. Third Priority: Exhibit "A," Scope of Services;
27.4 . Fourth Priority: RFP No. 2024-04;
27.5 . Fifth Priority: Exhibit "C," Rate Schedule; and
27.6. Sixth Priority: Exhibit "B," Consultant's Proposal.
28. E -V erify A ffi davit. In accordance with Section 448.095, Florida Statutes, the Village requires
all contractors doing business with the Village to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The Village will not enter
Contract No. 2024-04A Page 9 of 21
into a contra ct unless each party to the contra ct registers with and uses the E-V erify system.
The contra cting entity m ust pro vide of its pro of of enr ollm ent in E-V erify. For instru ctions on
how to pro vide pro of of the contra cting entity's participation/enro llm ent in E-V erify, please
visi t: https ://w w w . e-verify. gov /fa g/how -do-i-pro vide-pro of-of-m y-participationenr ollment
in-e-verify. B y entering into this Agreem ent, the Contra ctor acknow ledges that it has read
Section 448.095, Florida Statutes; will com ply with the E-V erify requirem ents im posed by
Section 448.095, Florida Statutes, incl uding but not lim ited to obtaining E-V erify affi davits
fr om subcontra ctors; and has executed the required affi davit attached hereto and incorpora ted
herein.
29. F ed era lly R equ ired C lauses. In the perfo rm ance of all Services under this Agreem ent, the
C onsultant shall adhere to (1) the FEM A Guidelines, including, including the FEM A Public
A ssistance Pro gra m and Policy Guide (PA PPG) (as m ay be am ended or superseded), (2) the
contra ct pro visions listed under 2 C FR Part 200, Appendix II, and (3) all applicable contract
pro visions and guidance in the FEM A C ontra ct Pro visions Guide, as may be am ended from
tim e to tim e and w hich is attached hereto as Exhibit "D ." The Consultant shall com ply w ith
the fo llow ing term s and pro visions dur ing the perfo rm ance of the Services:
29.1. E qual E m ploym ent O pportunity. Dur in g the perfo rm ance of this Agreem ent, the
C onsultant agrees as fo llow s:
29.1.1. The C onsultant will not discrim inate against any em ployee or applicant fo r
em ploym ent because of ra ce, color, religion, sex, sexual orientation, gender identity,
or national origin. The C onsultant will take affi rmative action to ensure that applicants
are em ployed, and that em ployees are treated dur ing em ploym ent without regard to
their ra ce, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall incl ude, but not be lim ited to the fo llow ing:
Em ploym ent, upgra ding, dem otion, or transfer; recru itm ent or recru itm ent
advert ising; layoff or term ination; ra tes of pay or other fo rm s of com pensation; and
selection fo r tra ining, incl uding apprenticeship. The Consultant agrees to post in
conspicuous places, available to em ployees and applicants for_em ploym ent, notices
to be pro vided setting fo rth the pro visions of this nondiscrim ination clause.
29.1.2. The C onsultant will, in all solicitations or advertisem ents fo r em ployees placed by
or on behalf of the C onsultant, state that all qualified applicants will receive
considera tion fo r em ploym ent without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
29.1.3. The C onsultant w ill not discharge or in any other m ann er discrim inate against any
em ployee or applicant fo r em ploym ent because such em ployee or applicant has
inquired about, discussed, or discl osed the com pensation of the em ployee or applicant
or another em ployee or applicant. This pro vision shall not apply to instances in which
an em ployee w ho has access to the com pensation info rm ation of other em ployees or
applicants as a part of such em ployee's essential job functions discloses the
com pensation of such other em ployees or applicants to individuals who do not
otherw ise have access to such info rm ation, unless such disclosur e is in response to a
fo rm al com plaint or charge, in fu rthera nce of an investigation, pro ceeding, hearing,
C ontra ct N o. 2024-04A Page 10 of 21
or a ctio n , in cl u d in g an in v estig atio n con d ucted by th e em p loyer, or is consistent w ith
th e C o n su lta n t's leg al du ty to fu rn ish in fo rm atio n .
29.1.4. The Consultant 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
Consultant's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
29.1.5. The Consultant 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.
29.1.6. The Consultant 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 purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
29.1.7. In the event of the Consultant's noncompliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended in whole or in part and the Consultant 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.
29.1.8. The Consultant will include the portion of the sentence immediately preceding
subsection 28.1 and the provisions of subsections 28.1.1 through 28.1.8 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 Consultant 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 Consultant becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the Consultant 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, That 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
Contract No. 2024-04A Page 11 of 21
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 Consultant 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 II, 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.
29.2. Compliance with the Davis-Bacon Act. As applicable, during the performance of
this Agreement, the Consultant agrees as follows:
a. All transactions regarding this contract shall be done in compliance 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 Consultant shall comply with 40 U.S.C.
3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. Consultants are required 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.
c. Additionally, Consultants are required to pay wages not less than once a
week.
29.3. Compliance with the Copeland "Anti-Kickback" Act. As applicable, during the
performance of this Agreement, the Consultant agrees as follows:
a. Consultant. The Consultant 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.
b. Subcontracts. The Consultant or subcontractor shall insert in any
subcontracts the clause above and such other clauses as FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime Consultant shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all of these
contract clauses.
Contract No. 2024-04A Page 12 of 21
c. Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a Consultant and subcontractor as
provided in 29 C.F.R. § 5.12.
29.4 . C om pliance w ith the C ontract W ork H ours and Safety Standards Act. As
applicable, during the performance of this Agreement, the Consultant agrees as follows:
29.4 .1. Overtime requirements. The Consultant or subcontractor contracting for any part
of the contract work which may require or involve the employment of laborers or
mechanics shall not require nor 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.
29 .4 .2. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in subsection 28.2.1. of this section the Consultant
and any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, the Consultant and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a 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 subsection 28.2.1. of this
section, in the sum of $10 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 28.2.1. of
this section.
29 .4 .3. Withholding for unpaid wages and liquidated damages. The Village 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 Consultant or subcontractor under any such contract or any
other Federal contract with the same prime Consultant, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held
by the same prime Consultant, such sums as may be determined to be necessary to
satisfy any liabilities of such Consultant or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in subsection 28.2.2. of this
section.
29.4 .4 . Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the
clauses set forth in subsections 28.2.1 through 28.2.4. of this section and a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime Consultant shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in subsections 28.2.1. through
28.2.4. of this section.
29.5 . R ights to Inventions M ade under this Agreem ent.
Contract No. 2024-04A' Page 13 of 21
29.5.1. As applicable, if the Consultant is engaged for the performance of experimental,
developmental, or research, the Consultant's work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with
3 7 CFR part 40 l, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by the Federal Government.
29.6. C lean A ir A ct and Federal W ater Pollution Control Act. As required by Federal
program legislation, the Consultant agrees to comply with the following federal
requirements:
29.6.1. Clean Air Act.
29.6.1.1. The Consultant agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. (2)
29.6.1.2. The Consultant agrees to report each violation to the Village and
understands and agrees that the Village will, in tum, report each violation as
required to assure notification to the State of Florida, Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
29.6.1.3. The Consultant agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance
provided by FEMA.
29.6.2. Federal Water Pollution Control Act.
29.6.2.1. The Consultant 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.
29.6.2.2. The Consultant agrees to report each violation to the Village and
understands and agrees that the Village will, in tum, report each violation as
required to assure notification to The State of Florida, Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
29.6.2.3. The Consultant agrees to include these requirements in each subcontract
exceeding $150,000 financed .in whole or in part with Federal assistance
provided by FEMA.
29.7. Su spension and Debarm ent. During the performance of this Agreement, the
Consultant agrees as follows:
29.7.1. This contract is a covered transaction for purposes of2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the Consultant is required, and will, verify that neither Consultant,
its principals (defined at 2 C.F.R. § 180.995), nor 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).
Contract No. 2024-04 Page 14 of 21
29.7.2. The Consultant will 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.
29.7.3. Consultant's certification is a material representation of fact relied upon by the
Village. If it is later determined that the Consultant 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 of Florida, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.
29.7.4. The Consultant agrees to comply with the requirements of2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its
lower-tier covered transactions.
29.8. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). During the
performance of this Agreement, the Consultant agrees as follows:
29.8.1. The Consultant certifies to the Village that it has not and will not use 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. The required Certification is attached to this Agreement.
29.8.2. Consultant will also ensure that each tier of subcontractor(s) shall also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures will be forwarded from tier-to-tier up to the Village.
29.9. Procurement of Recovered Materials. As required by federal program
legislation, Consultant agrees to the following:
29.9.1. In the performance of this contract, the Consultant shall make maximum use of
products containing recovered materials that are EPA-designated items unless the
product cannot be acquired:
29.9.1.1. competitively within a timeframe providing for compliance with the
contract performance schedule;
29.9.1.2. meeting contract performance requirements; or
29.9.1.3. at a reasonable price.
29.9.2. Information about this requirement, along with the list of EPA-designate items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https :/ /www.epa.gov/ smm/ comprehensi ve-procurement-guideline-cpg-pro gram.
29.9.3. The Consultant also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
29.10. DHS Seals, Logos, and Flags. The Consultant shall not use the DHS seal(s), logos,
crests, or reproductions of flags or likenesses of DHS agency officials without specific
FEMA pre-approval.
Contract No. 2024-04k Page 15 of 21
2 9 .1 1. C o m p li a n ce w ith F ed eral L aw , R eg u lation s, an d E xecuti ve O rders. The
Consultant acknowledges that FEMA financial assistance will be used to fund the contract
only. The Consultant will comply will all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.
29.12. No Obligation by Federal Government. Consultant acknowledges that the
Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter
resulting from the contract.
29.13. Program Fraud and False or Fraudulent Statements or Related Acts. The
Consultant acknowledges that 31 U.S.C. Chap. 38 (Adm inistrative Remedies for False
Claims and Statements) applies to the Consultant actions pertaining to this Agreement.
29.14. Access to Records.
29.14.1. The Consultant agrees to provide the State of Florida, the Village, the
FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representatives access to any books, documents, papers, and records of
the Consultant which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
29.14.2. The Consultant agrees to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as reasonably
needed.
29.14.3. The Consultant 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.
29.14.4. In compliance with the Disaster Recovery Act of 2018, the Village and the
Consultant acknowledge and agree that no language in this Agreement is intended to
prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
29.15. Affirmative Socioeconomic Steps/Small and Minority Businesses, Women's
Business Enterprises.
29.15.1. Consultant shall comply with 2 C.F.R. § 200.321, "Contracting with small
and minority businesses, women's business enterprises, and labor surplus area firms."
29.15.2. If subcontracts are to be let, the Consultant is required to take all necessary
steps identified in 2 C.F.R. § 200.32l(b)(l)-(5) to ensure that small and minority
businesses, women's business enterprises, and labor surplus area firms are used when
possible.
29.16. Change or Modification. To be eligible for FEMA assistance under a FEMA grant
or cooperative agreement, the cost of a change, modification, change order, or constructive
change must be allowable, allocable, within the scope of the grant or cooperative
agreement, and reasonable for the completion of the project scope. Accordingly, the
Consultant shall comply with the following:
Contract No. 2024-04J\I Page 16 of 21
2 9 .16 .1. Without invalidating the Agreement, Village reserves and shall have the right,
from time to time to make such increases, decreases or other changes in the character
or quantity of the work as may be considered necessary or desirable to fully and
properly complete the project in a satisfactory manner in accordance with the scope
of the FEMA grant or cooperative agreement. Any extra or additional work within
the scope of this Agreement must be accomplished by means of appropriate Field
Orders or Change Orders.
29.16.2. The Village shall have the right to approve and issue Field Orders setting forth
written interpretations of the intent of the project documents and ordering minor
changes in work execution, providing the Field Order involves no change in the
Agreement Price or the Agreement Time.
29.16.3. Changes in the quantity or character of the Work or Services within the scope of
the Project which are not properly the subject of Field Orders, including all changes
resulting in changes in the Agreement Price, or the Agreement Time, shall be
authorized only by Change Orders approved in advance and issued in accordance with
the provisions of Village's Procurement Code, as amended from time to time.
29.17. Remedies. Village confirms that it is entitled to exercise all administrative,
contractual, or other remedies permitted by law to enforce Consultant's compliance with
the terms of this Agreement, except to the extent expressly provided otherwise by this
Agreement.
29.18. Prohibition on Contracting for Covered Telecommunications Equipment or
Services. If applicable, the Consultant shall agree as follows:
29.18.1. The Village and the Consultant must comply with the Section 889(b )( l) of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY2019
NOAA) and 2 C.F.R. 200.216, which prohibits the obligation or expending of federal
award funds on certain telecommunication products or from certain entities for
national security reasons. Towards that end, the Consultant shall ensure that the
Consultant and its subcontractors do not:
29.18.2. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment of services as a substantial or essential component of
any system, or as critical technology of any system;
29.18.3. Enter into, extend, or renew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or services as substantial
or essential component of any system or as critical technology of any system; or
29.18.4. Enter into, extend or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system.
Contract No. 2024-04A Page 17 of 21
Additional information, including definitions for this requirement can be found in FEMA
Policy 405-143-1. Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services (Interim).
29.19. Domestic Preference for Procurements. As appropriate, and to the extent
consistent with law, the Consultant should, to the greatest extent practicable, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced
in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and
other manufactured products. For purposes of this clause:
29.19.1.Produced in the United States means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
29.19.2.Manufactured products mean items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
29.20. License and Delivery of Works Subject to Copyright and Data Rights. If
applicable, the Consultant shall agree as follows:
29.20.1. The Consultant grants to the Village, 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 Consultant will identify such data and grant to the Village 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 Consultant
will deliver to the Village 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 Village.
29.21. Safeguarding of Sensitive Information and Information Technology Security
and Privacy Training.
29.21.1. Applicability. This clause is applicable when the Consultant has access to
sensitive information or the Consultant's IT system as defined in the agreement that are
used to input, store, process, output and/or transmit sensitive data. If applicable, this clause
shall apply to the Consultant, its subcontractors, and Consultant employees (hereafter
referred to collectively as "Consultant"). The Consultant shall insert the substance of this
clause in all subcontracts.
Contract No. 2024-04A Page 18 of 21
29.21.2. Definitions. As used in this clause- "Personally Identifiable Information
(PII)" means information that can be used to distinguish or trace an individual's identity,
such as name, social security number, or biometric records, either alone, or when combined
with other personal or identifying information that is linked or linkable to a specific
individual, such as date and place of birth, or mother's maiden name. The definition of PII
is not anchored to any single category of information or technology. Rather, it requires a
case-by-case assessment of the specific risk that an individual can be identified. In
performing this assessment, it is important for an agency to recognize that non-personally
identifiable information can become personally identifiable information whenever
additional information is made publicly available-in any medium and from any source
that, combined with other available information, could be used to identify an individual.
PII is a subset of sensitive information. Examples of PII include, but are not limited to:
name, date of birth, mailing address, telephone number, Social Security number (SSN),
email address, zip code, account numbers, certificate/license numbers, vehicle identifiers
including license plates, uniform resource locators (URLs), static Internet protocol
addresses, biometric identifiers such as fingerprint, voiceprint, iris scan, photographic
facial images, or any other unique identifying number or characteristic, and any
information where it is reasonably foreseeable that the information will be linked with other
information to identify the individual.
(a) Sensitive Information, as used in this clause, means any information, which if lost,
misused, disclosed, or, without authorization is accessed, or modified, could adversely
affect the national or homeland security interest, the conduct of Federal programs, or the
privacy to which individuals are entitled under section 552a of title 5, United States Code
(the Privacy Act), but which has not been specifically authorized under criteria established
by an Executive Order or an Act of Congress to be kept secret in the interest of national
defense, homeland security or foreign policy. This definition includes the following
categories of information:
( 1) Protected Critical Infrastructure Information (PCII) as set out in the Critical
Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security
Act, Pub. L. 107-296, 196 Stat. 2135), as amended, the implementing regulations
thereto (Title 6, Code of Federal Regulations, part 29) as amended, the applicable PCII
Procedures Manual, as amended, and any supplementary guidance officially
communicated by an authorized official of the Department of Homeland Security
(including the PCII Program Manager or his/her designee);
(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal
Regulations, part 1520, as amended, "Policies and Procedures of Safeguarding and
Control of SSI," as amended, and any supplementary guidance officially
communicated by an authorized official of the Department of Homeland Security
(including the Assistant Secretary for the Transportation Security Administration or
his/her designee);
(3) Information designated as "For Official Use Only," which is unclassified
information of a sensitive nature and the unauthorized disclosure of which could
adversely impact a person's privacy or welfare, the conduct of Federal programs, or
Contract No. 2024-04A Page 19 of 21
other pro gra m s or opera tions essential to the national or hom eland secur ity interest;
and
( 4) A ny info rm ation that is designated "sensitive" or subject to other controls,
safe guards or pro tections in accordance with subsequently adopted hom eland secur ity
info rm ation handling pro cedures.
(b) "Info rm ation Technology Resour ces" include, but are not lim ited to, com puter
equipm ent, netw orking equipm ent, telecom m unications equipm ent, cabling, netw ork
drives, com puter drives, netw ork softw are, com puter softw are, softw are pro gra m s, intra net
sites, and intern et sites.
(c) C onsultant em ployees working on this contra ct must com plete such fo rm s as m ay be
necessary fo r secur ity or other reasons, incl uding the conduct of backgro und investigations
to determ ine suitability. C om pleted fo rm s shall be subm itted as directed by the Contra cting
O ffi cer. U pon the C ontra cting Offi cer's request, the Consultant's em ployees shall be
fingerprinted, or subject to other investigations as required. All Consultant's em ployees
requiring recurring access to Govern m ent fa cilities or access to sensitive info rm ation or IT
resour ces are required to have a fa vora bly adjudicated backgro und investigation prior to
com m encing w ork on this contra ct unless this requirem ent is waived under Departm ental
pro cedur es.
(d) The C ontra cting O ffi cer m ay require the C onsultant to pro hibit individuals from
w orking on the contra ct if the Govern m ent deem s their initial or continued em ploym ent
contra ry to the public interest fo r any reason, including, but not lim ited to, carelessness,
insubordination, incom petence, or security concern s.
(e) W ork under this contra ct m ay involve access to sensitive info rmation. Therefo re, the
C onsultant shall not discl ose, ora lly or in w riting, any sensitive info rm ation to any person
unless authorized in w riting by the C ontra cting Offi cer. For those Consultant em ployees
author ized access to sensitive info rm ation, the Consultant shall ensur e that these persons
receive tra ining concern ing the pro tection and disclosure of sensitive info rm ation both
dur ing and after contra ct perfo rm ance.
(f) The C onsultant shall incl ude the substance of this clause in all subcontra cts at any tier
w here the subcontra ctor m ay have access to Govern m ent fa cilities, sensitive inform ation,
or resour ces.
[Remainder of page intentionally left blank. Signature pages follow.]
C ontra ct N o. 2024-04A Page 20 of 21
IN W ITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
VILLAGE OF KEY BISCAYNE CONSULTANT
By:---------------
By:--------------
Steven C. Williamson
Village Manager
Attest:
By:--------------
Jocelyn B. Koch
Village Clerk
Approved as to form and legal sufficiency:
By:--------------
Weiss Serota Helfman Cole & Bierman, P.L.
Village Attorney
Addresses for Notice:
Village of Key Biscayne
Attn: Village Manager
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5514 (telephone)
305-365-8936 (facsimile)
swilliamson@keybiscayne.fl.gov ( email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
cfriedman@wsh-law.com ( email)
Name: _
Title: _
Entity: _
Addresses for Notice:
____________ (telephone)
_____________ (facsimile)
____________ (email)
With a copy to:
____________ (telephone)
_____________ (facsimile)
____________ (email)
C ontra ct N o. 2024-04A Page 21 of 21
E -V E R IF Y A F F ID A V IT
In accordance w ith Section 448.095, Fl orida Statutes, the Village requires all contra ctors doing
business w ith the V illage to register with and use the E-V erify system to verify the work
authorization status of all new ly hired em ployees. The Village will not enter into a contra ct unless
each party to the contra ct registers with and uses the E-V erify system .
The contracting entity must provide of its proof of enrollment in E-Verify. For instru ctions on
how to pro vide pro of of the contra cting entity's participation/enr ollm ent in E-V erify, please visit:
https://w w w .e-verify.gov/fa q/how -do-i-pro vide-pro of-of-m y-participationenr ollm ent-in-e-verify
B y signing below , the contra cting entity acknow ledges that it has read Section 448.095, Fl orida
Statutes and w ill com ply w ith the E-V erify requirem ents im posed by it, including but not limited
to obtaining E -V erify affi davits fr om subcontra ctors.
! Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
W itness #1 Print N am e: --------
W itness #2 Print N am e: _
Print N am e: ------------
Title: ---------------
Entity N am e: _
ACKNOWLEDGMENT
State of Fl orida
C ounty of _
The fo regoing instru m ent w as ackn ow ledged befo re m e by means of! physical presence or !
onli ne notarization, this __ day of , 20_, by _
______ (nam e of person) as (type of authority) for
___________ (nam e of party on behalf of whom instru m ent is executed).
Notary Public (Print, Stam p, or Type as
C om m issioned)
___ Personally know n to m e; or
___ Pro duced identifi cation (Type of Identifi cation: )
___ D id take an oath; or
D id not take an oath ---
C ontra ct N o. 2024-04 E-V erify Affi davit
E XH IB IT A
S C O P E O F SE R V IC E S
SE C T IO N 2. PROJECT DESCRIPTION
2.1 DESCRIPTION:
The purpose of this RFP is to contract with a firm for building and examination services. The qualified
contractor is to submit a proposal to provide inspection and plan examination services (structural,
building, electrical, plumbing, roofing, mechanical, zoning, landscaping, fire, public works, and code
compliance officers) on as-need basis at the request of the Village.
2.2 SCOPE OF SER VICES
It is the Village's intent and purpose to secure qualified and experienced firms to provide the Village with
Professional Building Examination and Inspection Services.
The Contractor shall furnish such services and provide deliverables as required and requested by the
Village's Director of Building, Zoning and Planning Department or his designee, in accordance with the
terms set forth in this RFP.
2.3 PEQUIRED INSPECTION AND PLAN EXAMINATION SERVICES
The following list of Services is intended as a general guide and is not intended to be an exhaustive list of
all Services required:
2.3.1 Review and processing of building plans and zoning plans.
2.3.2 Provide code compliance and enforcement services.
2.3.3 Administer the Florida Building Code and all applicable building codes and regulations,
including Village codes and ordinances.
2.3.4 Provide inspection services and clerk functions.
2.3.5 Provide plans reviewers, building code inspectors, project managers, building officials and
code administrators.
2.3.6 Provide damage assessment services as needed after natural disasters; and
2.3.7 Provide Federal Emergency Management Agency ("FEMA") support and documentation.
(as needed).
2.4 QUALIFICATIONS OF PER SONNEL/CER TIFICATION REQUIREMENTS
2.4.1 Inspection and plan examination services shall be conducted under the Village's and all
other federal, state, and local laws, rules, regulations, directives, codes and ordinances.
Inspection-Plan Examination personnel shall be licensed pursuant to Chapter 468, Part
XII, Florida Statutes. Engineers shall be licensed pursuant to Chapter or Chapter 471,
Florida Statutes. Architects shall be licensed pursuant to Chapter 481, Part I, Florida
Statutes. All Contractor's personnel shall be licensed by the Florida Department of
Business Regulation and certified by Miami-Dade County Board of Rules and Appeals as
C ontra ct N o. 2024-04A Exhibit A : Scope of Services
applicable. Code Enforcement Officers shall have at least Florida Association of Code
Enforcement (F.A.C.E.) Level I certification.
2.4.2 All building, structural, electrical, mechanical, plumbing, roofing, inspectors and/ or
examiners must have current, appropriate certification from the State of Florida
Department of Business and Professional Regulation and Miami-Dade County Board of
Rules and Appeals. All public works, zoning, landscaping, and code enforcement officers
must be properly credentialed within their respective industries. Fire plans examiners
and inspectors must be F.S. 633 certified and approved by the Authority Having
Jurisdiction. All inspectors and examiners 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. These
minimum requirements must be met at the time of the Response due date.
2.5 RESPONSIBILITIES
Personnel provided by successful bidders will be expected to perform their assigned functions in a manner
that is consistent with the following standards:
2.4.1 Respectful to neighbors, contractors, staff, and supervisors at all times.
2.4.2 Provide Services on behalf of the Village in a professional and courteous manner.
2.4.3 Adhere to the Village's rules and procedures reliably and consistently.
2.4.4 Be able to accept and provide constructive criticism.
2.4.5 Be able to perform their responsibilities successfully, independently, and efficiently in a
diverse work environment with minimal direct supervision.
2.4.6 Be able to work reliably on a regularly scheduled basis during the term of the contract.
2.4. 7 Be able to learn to use the Village's computer system effectively within a reasonable time
frame.
2.4.8 Be responsible for maintaining the integrity of and access to confidential information,
especially information maintained on the Village's computer records systems, consistent
with the requirements of the State of Florida Public Records Law requirements, licensing
restrictions, and copyright limitations.
2.4.9 Be able to prepare and record written reports and records of work activities and
accurately log daily activities for Village recordkeeping.
2.4.10 Be able to effectively listen to, understand and provide reliable answers to questions from
owners, contractors, architects, engineers, neighbors, supervisors and co-workers.
2.4.11 Be able to work during normal business hours of 7:30am- 3:30 pm, Monday through
Friday or as agreed upon otherwise with the Village, as well as irregular hours as required
during an emergency or natural disaster.
2.4.12 Be able to safely operate a motor vehicle in the course of their daily assignments; and
Contract No. 2024-04A Exhibit A: Scope of Services
2.4.13 Be able to work effectively with other Village employees and employees from competing
bidders.
The Village reserves the exclusive right to reject any employee provided by any bidder at any time.
2.6 FEE PROPOSAL
Submit a signed, firm, fixed fee for providing all Services. Contractor must quote firm, fixed, regular and
overtime hourly rates for the following services as EXHIBIT B:
a. Inspectors: Building, Roofing, Electrical, Mechanical, Plumbing, Public Works, Zoning and
Landscaping.
b. Plan Examiners: Building, Structural, Electrical Mechanical, Plumbing, Zoning and Public Works.
c. Building Officials; and
d. Code Compliance and Code Enforcement Officers.
The hourly and overtime rates proposed for each service shall include full compensation for labor, use of
equipment provided by the Contractor, and any other cost to the Contractor. The typical regular hours
are 7:30am- 3:30 pm Monday through Friday, excluding official Village Holidays. No travel time will be
paid for travel to and from offices or homes.
The Village makes no promise of a minimum guaranteed level of work for any successful Contractor(s) in
any of the abovementioned areas.
Firm's vehicle will be identified by a magnetic sign provided by the Village while providing services within
the Village.
END OF SECTION
Contra ct N o. 2024-04A Exhibit A : Scope of Services