Loading...
2022 08 16 Item VII. E. Exhibit 08Exhibit 8 8/16/2022 FIRST AMENDMENT TO CONTRACT FOR SERVICES BUILDING OFFICIAL & INSPECTION SERVICES WITH JC NEWELL CONSTRUCTION INSPECTION SERVICES, INC. THIS FIRST AMENDMENT TO CONTRACT FOR SERVICES ("Amendment") is made by and between the CITY OF OKEECHOBEE (hereinafter the "MUNICIPALITY"), and JC NEWELL CONSTRUCTION INSPECTION SERVICES, INC. as successor -in -interest to JC NEWELL & ASSOCIATES (hereinafter "AGENCY"). WHEREAS, MUNICIPALITY originally entered into a Contract for Services with AGENCY on or about November 1, 2012 (the "Contract"), attached hereto as Exhibit A. WHEREAS, the parties have operated under the Contract since its effective date, are satisfied with the other party's performance, and now desire to modify the Contract; NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and for other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated into this Amendment by reference. 2. Compensation. Section 9 of the Contract is amended to read as follows: 9. Compensation - All fees, including those derived from Exhibit 1, for any services provided by the Agency for the Municipality shall be collected by the Municipality. For its responsibilities outlined herein, the Agency shall invoice and be compensated Five Thousand Three Hundred Fifty-six Dollars ($5,356.00) per month. 3. Special Inspections. Section 11 of the Contract is amended to read as follows: 11. The Agency will perform special inspections for which no permit fee is required, such as complaints and property maintenance inspections, at the direction of the City Administrator, or his designee, and forward those reports to the appropriate person(s) with their findings. The Municipality shall compensate the Agency for all such duties and meetings outside of normal business hours at the rate of $20.60 for each hour including travel time, if applicable, for meetings. There will be a one -hour minimum per inspection trip or meeting. No additional time shall be compensated by the Municipality unless approved by the City Administrator. 4. Public Records. The Contract is amended by the addition of Section 20, to read as follows: 20. Public Records. Pursuant to Chapter 119, Florida Statutes, Florida's Public Records Law, Agency shall 1. Keep and maintain public records required by the Municipality to perform the service. 2. Upon request from the Municipality's custodian of public records, provide the Municipality with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. 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 Contract term and following completion of the Contract if the Agency does not transfer the records to the Municipality. 4. Upon completion of the Contract, transfer, at no cost, to the Municipality all public records in possession of the Agency or keep and maintain public records required by the Municipality to perform the service. If the Agency transfers all public records to the Municipality upon completion of the Contract, the Agency shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Agency keeps and maintains public records upon completion of the Contract, the Agency shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Municipality, upon request from the Municipality's custodian of public records, in a format that is compatible with the information technology systems of the Municipality. IF THE AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE MUNICIPALITY'S CUSTODIAN OF PUBLIC RECORDS AT: LANE GAMIOTEA, CITY CLERK, 863.763.3372 EXT. 9814, LGAMIOTEA@CITYOFOKEECHOBEE.COM, 55 SE 3RD AVENUE, ROOM 100, OKEECHOBEE, FL 34974. 5. E-Verify. The Contract is amended by the addition of Section 21, to read as follows: 21. E-Verify. Agency shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. If Agency enters into a contract with a subcontractor, the subcontractor must provide the Agency with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Agency shall maintain a copy of such affidavit for the duration of the contract. 6. All remaining terms of the Contract remain in full force and effect. IN WITNESS WHEREOF, the MUNICIPALITY and AGENCY have made and executed this Amendment to the Contract. AS TO THE CITY: Dowling R. Watford, Jr., Mayor DATE ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney AS TO THE AGENCY Jeffery Newell JC Newell Construction Inspection Services, Inc. DATE Ektoeir� Oct 16, 2012 CONTRACT FOR SERVICES BUILDING OFFICIAL & INSPECTION SERVICES WITH JCNEWELL & ASSOCIATES 6576 SE FLORAL TERRACE Hobe Sound FL 33455 WHEREAS, the City of Okeechobee, Okeechobee County, Florida ("Municipality") requires high quality professional building and mechanical inspection services sensitive to community needs and, who is certified by the State of Florida, WHEREAS, JC Newell & Associates, as a sole proprietor ("Agency"), proposes to provide inspection and plan approval services for the Municipality including inspectors and meeting the Municipality's needs for such inspection services, as an independent contractor, NOW THEREFORE, in consideration of the foregoing and mutual covenants contained in this agreement, the parties agree that: I. The Agency will provide for the Municipality, inspectors whose duties shall include plans examination, issuance of permits, and field inspections for compliance of the Florida building codes and necessary services related to contacts with residents and Municipal Officials, and all associated tasks necessary to meet the inspection and building official needs of the Municipality. The Agency is to provide an employee and that employee is hereby designated as the Building Official of the Municipality. The Municipality shall provide zoning administration. 2. All Inspectors, plan reviewers and building officials employed or retained by Agency and who are used for inspections shall possess standard certificates and licenses as required by Florida Statutes Chapter 468, and shall maintain same at all times for the duration of this agreement. 3. The Agency shall provide: A. Salary and benefits of the inspectors B. Field communication equipment C. Vehicle or mileage/allowance for the inspectors D. Supplemental systems and support and administrative coordination E. Availability for meeting public at Municipality during regular office hours Monday thru Thursday and upon request to testify before a Board or in a court hearing. F. To assist in building code enforcement activities and available for back-up inspection purposes when the principal inspector is unavailable. G. Necessary state fees for the Agency H. Certificate of insurance showing all coverages with a minimum of $1 million of general liability and errors and omissions coverage. I. That the Agency and/or appropriate inspector shall be available to testify upon request at any contested code board meeting or county court hearing. Building Inspection Agreement Page 2 of 4 4. The term of this agreement shall be on an annual basis renewable automatically on October 1" of each calendar year. Either the Municipality or the Agency may terminate this agreement with or without cause upon 90 days written notice to the other party of such intention to terminate. The Agency shall possess no vested right to annual continued retention by the Municipality other than that expressly set forth herein. At the end of the termination notice, any permits received and issued prior to the last day shall have the fees paid to the Agency as provided in the contract and the inspections relating to those fees shall be performed by the Agency. Permit applications received after the last day shall be the responsibility of the Municipality and no payment shall be made to the Agency for those permits. Any notice to the Municipality shall be sent to the Municipal authority directly in charge of inspection procedures. Any notice to the Agency shall be sent to JC Newell & Associates, 6576 SE Floral Terrace, Hobe Sound, FL 33455. 5. The Agency is the exclusive provider of the services listed, described and provided by this Contract for the entire area of the Municipality during the term of this Contract. Any other provider of building, electrical, plumbing, HVAC, or mechanical plan reviews and inspection services to the Municipality during the term of this Contract will be considered a violation of this Agreement. 6. At all times material to this Contract, the Agency shall be considered an independent contractor, and not an employee of the Municipality. As such, the Agency may select the means, timing and manner of its performance hereunder, so long as the Agency complies with the minimum requirements of licensing and performance of inspection services as set forth herein. The Agency is not authorized to bind or obligate the Municipality to the public or any other agency for any purpose, except solely to supply services, and to enforce and review and approve building permits and methods of construction in accordance with applicable state and local building codes. The Agency shall be responsible for its own local, state and federal taxes, income tax, social security, Medicaid, 1099 reporting, 940 & 941 payroll tax, or other assessments that may arise out of the operation of the business of the Agency, and to hold the Municipality harmless there from. The Agency shall implement and enforce the building codes of the State of Florida and the Municipality and shall engage such personnel and equipment as, in its opinion, is deemed adequate for such purposes. Should the Municipality object to the method and manner of the implementation of the codes by the Agency, the Municipality shall notify the Agency, in writing, specifically identifying areas of inadequacy and the Agency shall have thirty (30) days after receipt of the notice to cure such inadequacies. 7. This agreement shall not authorize the performance of any construction work within the Municipality by persons or organizations not duly licensed. The Agency shall not issue a building permit to any contractor, subcontractor, or others for the performance of work in the Municipality who are not properly licensed and authorized to do such work. The Agency will not authorize or allow any development that is in violation of any Municipal, State or Federal law. 8. In all matters concerning the performance of the obligations and duties of this agreement, the Agency agrees to indemnify the Municipality, its employees and agents from and against any and all claims, suits, demands or causes of action, arising out of any act or omission of the Agency, and causing injury to any person or persons or property, whomsoever and whatsoever. Building Inspection Agreement— JC Newell & Assoc (10/16/12) Page 3 of 4 Correspondingly, the Municipality agrees to indemnify the Agency its employees and agents from and against any and all claims, suits, demands or causes of action, arising out of any act or omission solely under the terms of performance of inspection and building official services of the Municipality, and causing injury to any person or persons or property, whomsoever and whatsoever. The Agency agrees to, at all times, at its expense, carry comprehensive general liability insurance in the amount of not less than one million dollars. A certificate of insurance indicating that such policies are in full force and effect will be supplied to the Municipality. The Municipality agrees to provide to the Agency proof of the existence of comprehensive general liability insurance upon request. 9. Compensation - All fees, including those derived from Exhibit 1, for any services provided by the Agency for the Municipality shall be collected by the Municipality. For its responsibilities outlined herein, the Agency shall invoice and be compensated Five Thousand Two Hundred Dollars ($5,200.00) per month. 10. Agency business hours devoted to the Municipality - The Agency's normal working business hours at the Municipality's offices will be from 8:00 AM to 4:30PM on Monday through Thursday. Said hours/days may be adjusted for extenuating circumstances, upon mutual approval of the Agency and the Municipality. Again, in the event of the Agency principal being temporarily unable to fulfill the normal working hours, he shall be responsible to provide a competent replacement of whom shall be approved by the City Administrator. The Agency will be available to represent the Municipality, if requested, at Board Meetings (i.e. Code Enforcement Board). The Agency will be available, as reasonably as possible, to field questions by phone during those hours that are not described above. 11. The Agency will perform special inspections for which no permit fee is required, such as complaints and property maintenance inspections, at the direction of the City Administrator, or his designee, and forward those reports to the appropriate person(s) with their findings. The Municipality shall compensate the Agency for all such duties and meetings outside of normal business hours at the rate of $20.00 for each hour including travel time, if applicable, for meetings. There will be a one -hour minimum per inspection trip or meeting. No additional time shall be compensated by the Municipality unless approved by the City Administrator. 12. The Agency shall provide a monthly statement of services rendered which will include a recap of permits issued, inspections and other activity applicable to his work with the Municipality. The Municipality shall compensate the Agency as soon as is practical after the end of the calendar month following the period services. 13. If any provision of this agreement is held to be invalid or unenforceable for any reason, this agreement shall remain in full force and effect in accordance with its terms, disregarding such unenforceable or invalid provision. 14. This agreement contains the entire understanding of the parties as to the matters contained herein, and it shall not be altered, amended or modified except by a writing executed by the duly authorized agents of both the Municipality and the Agency. Building Inspection Agreement — JC Newell & Assoc (10/16/12) Page 4 of 4 15. The terms of this Agreement may not be assigned by either party. 16. This agreement shall be governed by the laws of the State of Florida with respect to the interpretation and performance. Any suit brought in connection with this agreement will be brought and maintained in Okeechobee County, Florida. 17. Any failure of a party to enforce the party's rights under any provision of this agreement shall not be construed or act as a waiver of said party's subsequent right to enforce any of the provisions contained herein. 18. The Municipality is to provide office space, desk, desk chair, file cabinets, local phone service and use of a photocopier and fax machine for the Agency during the term of this agreement. The Municipality further. agrees to provide necessary software, business forms, internet and permit clerk. Permit clerk will process permit applications and may issue single permit form, under the direction of the Building Official, when requested by contractor. (Example, HVAC, shed, fence). 19. The Agency agrees to provide these services and the Municipality agrees to accept these services commencing on November 1.2012. CI C 1KWELLI& ASSOCIATES (AGENCY) s E. Kirk, Mayor TY OF OKEECHOBEE (MUNICIPALITY) Acknowledged and accepted Attest: r City Clerk Approved as to form and legality City Attorney 10/119l ZD 1 Z- T DATE aah &I'k DATE JC NEWELL & ASSOCIATES LLC Florida Building Code Administration & Inspection Services Writer's E-Mail Address: newelljefferyCwgmail.com Writers Direct Line (772) 349 0127 June 10, 2013 City of Okeechobee, Florida 55 SE 3`d Avenue Okeechobee, Florida 34974 Ref: JC NEWEL. & ASSOCIATES LLC City of Okeechobee, The purpose of this letter is to amend the existing agreement to reflect the change in the name of the company from JC Newell & Associates to JC Newell & Associates LLC. Please be advised that as of May 20, 2013 JC Newell & Associated upgraded from the classification of a fictitious name entity to a Limited Liability Company. Attached to this letter is the current certificate of insurance and the LLC status with the Division of Corporation. Regarding the terms of the company's agreement with the City of Okeechobee remain unchanged. Please contact me if any further information is needed. tncere , eff ell ry JC NEWELL CONSTRUCTION INSPECTION SERVICES, INC E-Mail Address: newellieffery@gmail.com Direct Line (772) 349 0127 March 18, 2014 Mr. Brian Whitehall, City Administrator City of Okeechobee, Florida 55 SE Td Avenue Okeechobee, Fl 34974 Ref: Company name change for JC Newell & Associates, LLC Mr. Whitehall: Please be advised that JC Newell & Associates, LLC has recently incorporated to the following- JC Newell Construction Inspection Services, Inc. The corporation will become active on April 1, 2014, see attached documents. The terms of the current contract with the City of Okeechobee will remain the same, as agreed to. The contract will probably have to be amended to reflect the change in the name of the service provider to the City of Okeechobee. Please let me know if this required, so that, I can resubmit the current contract reflecting the new company name. March's invoice will be submitted by JC Newell & Associates, LLC. Beginning with April's invoice, and thereafter, the remaining invoices will be submitted by JC Newell Construction Inspection Services, Inc and will continue for the remainder of the fiscal and calendar year. If April is not a possible month to make the required revisions, I can extent the invoice date to begin in May. Accordingly, application for the employer identification number is in progress and the name change on the certificate of insurance to the city is in progress. (Cl- 110L�� JC Ifewell Construction Inspection Services, Inc JC Newell & Associates, LLC Mr. Bri Whi all, City A istrator City of keec obee, Florida EXHI$Ir l Page] of 2 To JC Newell & Assoc DO Contract - 1 I/1/12 CITY OF OKEECHOBEE FLORIDA PERMIT FEE SCHEDULE Building valuation of commercial and residential new building construction will be based on the most resent publishing of the International Code Council Building Safety Journal, building valuation data, estimates per square foot, including the regional modifier, of all under roof according to the type of construction and use. A. Residential One and Two Family Dwelling: 1. New building S4.10 per thousand of total valuation $40.00 minimum 2. Remodel/additions $6.00 per thousand of total valuation $40.00 minimum 3. Accessory Structure $6.00 per thousand of total valuation $40.00 minimum 4. Roof/Reroof $40.00 5. *Plan Review $.40 per thousand of total valuation $40.00 minimum B. Commercial Building 1. New building $5.75 per thousand of total valuation $50.00 minimum 2. Additions $7.00 per thousand of total valuation $50.00 minimum 3. Remodel $7.00 per thousand of total valuation $50.00 minimum 4. Accessory Structure $7.00 per thousand of total valuation $50.00 minimum 5. Roof/reroof $7.00 per thousand of total valuation $50.00 minimum 6. *Plan review $1.50 per thousand of total valuation $100.00 minimum 7. Occupational License $50.00 8. Other $50.00 minimum EXHIBIT 1 Page 2 of 2 To JC Newell & Assoc BO Contract - 11/1 /12 C. Mechanical and Miscellaneous L Plumbing New Structure, Additions and Alterations - $40.00 plus $1.00 per thousand of total valuation $40.00 minimum 2. HVAC New Structure, Additions and Alterations - $40.00 plus $1.00 per thousand of total valuation $40.00 minimum 3. Electric New Structure, Additions and Alterations - $40.00 plus $1.00 per thousand of total valuation $40.00 minimum 4. Gas New Structure, Additions and Alterations - $40.00 plus $1.00 per thousand of total valuation $40.00 minimum 5. Mobile Home Set-up Fee New Structure - $50.00 includes building only. Electric, Mechanical and Plumbing - separate permits as needed. (does not include accessory structures) 6. Special Inspections and All Other Inspections Where No Permit Fee is Generated $40.00/hr. 1 hour minimum $40.00 7. Signs Plan Review: New or replacement with or without electric $1.25 per thousand of total valuation $40.00 minimum (?eq changes, Lcxanface replacement andWallmounted Signs less than 32s f. - no plan reviewfee) Inspection: $5.75 per thousand of total valuation $50.00 minimum S. Demolition Fee $70.00 for the first $20,000.00 of structure value and $4.00 per $1,000.00 of structure value thereafter 9. Re -inspection Fee - $40.00 10. Double Fee required for all work started prior to permit issuance. 11. Failure to call for inspection - $40.00 * All plan review fees are due at time of plan submittal.