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HomeMy WebLinkAbout2023 03 27 Consent 302 - Addendum to Contract for Building Department Services with Universal Engineering Sciences, Inc • CONSENT AGENDA ITEM 302 ,n m=ared CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING 1959 TITLE Addendum to Contract for Building Department Services with Universal Engineering Sciences, Inc. SUMMARY The City is currently contracted with Universal Engineering Sciences, LLC to provide building department services. The initial term of the contract was for a period of three years, commencing on April 1, 2020 and terminating at midnight on March 31, 2023. Also included was the option for two (2) one- year extensions. This addendum exercises the first one-year extension and would extend the term from April 1, 2023 through March 31, 2024. Section 6.0 of the Agreement regulates "Payment," and Exhibit"B" contains a Fee Schedule for Services performed. Exhibit"B,""Fee Schedule and Assigned Hours," subsection III, is hereby modified as follows: Building Code Administrator/Building Official Services = $109.00 per hour (up from $100 per hour) Plan Review Services = $87.00 per hour (up from $80.00 per hour) Field Inspection Services = $87.00 per hour (up from $80.00 per hour) Further, the addendum creates Section 59.0 of the Agreement related to E- Verify. RECOMMENDATION Staff recommends the Commission approve the First Addendum to the Agreement for Building Department Services with updated hourly rates for services provided during the City's operating hours, and authorize the Interim City Manager and City Attorney to execute the contract. 20 FIRST ADDENDUM TO AGREEMENT FOR BUILDING DEPARTMENT SERVICES THIS FIRST ADDENDUM TO AGREEMENT FOR BUILDING SERVICES ("Addendum") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation located at 1126 East State Road 434,Winter Springs, Florida 32708 ("City"), and UNIVERSAL ENGINEERING SCIENCES, LLC, a Florida Limited Liability Company located at 3532 Maggie Blvd., Orlando, Florida 32811 ("Service Provider"). WITNESSETH: WHEREAS, the City and Service Provider previously entered into an Agreement for Building Department Services ("Agreement") under the terms and conditions stated therein, the term of which began on April 1, 2020; and WHEREAS, the Agreement is set to terminate on March 31, 2023, unless renewed. The Agreement is subject to extension and renewal for two (2) additional one-year periods; and WHEREAS, the parties desire and mutually agree: to extend the term for an additional one(1)year term; to increase the compensation to the Service Provider in accordance with Section 6.1 and Exhibit "B" of the Agreement; to include a provision regarding statutory requirements related to the mandated use of the E-Verify system; and for the implementation of modifications as otherwise provided for herein; and NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by this reference. 2.0 Term of Agreement Extension. In accordance with Sections 2.1 and 4.0 of the Agreement,the Agreement is hereby extended for one(1)year, commencing on April 1, 2023, and terminating at midnight on March 31, 2024, unless the parties mutually agree to extend the Agreement for an additional one-year term pursuant to Section 2.1, or unless either party chooses to exercise its rights under Section 20, "Termination." 3.0 Payment. Section 6.0 of the Agreement regulates "Payment," and Exhibit "B" contains a Fee Schedule for Services performed. Exhibit "B," "Fee Schedule and Assigned Hours," subsection I11, is hereby modified as follows: III. Hourly rates for Services provided during the City's operating hours. A. Building Code AdministratorBuilding Official Services= $109.00 per hour B. Plans Review Services= $87.00 per hour First Addendum to Agreement for Building Department Services City of Winter Springs/Universal Engineering Sciences,LLC Page 1 of 3 21 C. Field Inspection Services = $87.00 per hour Except for the price increases expressly provided for above, the provisions of Exhibit "B" shall remain unchanged. 4.0. E-Verify. Section 59.0 of the Agreement is hereby created as follows: 59.0 E-VERIFY A. In accordance with Chapter 448.095, Florida Statutes, the Service Provider shall register and utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Service Provider during the term of this Contract. B. The Service Provider shall expressly require any subcontractors performing work providing services pursuant to this Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of this Contract. C. The Service Provider agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the City consistent with the terms of the Service Provider's enrollment in the program. This includes maintaining a copy of proof of the Service Provider's and subcontractors' enrollment in the E- Verify program. D. The Service Provider must meet this requirement unless: 1. This Agreement is solely for goods-based procurement where no services are provided; or 2. Where the requirement is waived by the City Commission; or 3. The Agreement is being executed with a Sole Proprietor who does not hire employees and therefore is not required to file a Department of Homeland Security Form I-9 (which is the document used for E- Verify); or 4. The Agreement is being executed with a company based outside of the United States of America and does not employ any citizens of the United States of America. E. A Service Provider who registers with and participates in the E-Verify program may not be barred or penalized under this section if, as a result of receiving inaccurate verification information from the E-Verify program, First Addendum to Agreement for Building Department Services City of Winter Springs/Universal Engineering Sciences,LLC Page 2 of 3 22 the Service Provider hires or employs a person who is not eligible for employment. F. Nothing in this section may be construed to allow intentional discrimination of any class of persons protected by law. 5.0 Other Terms and Conditions. Any other term or condition of the Agreement not expressly modified by this First Addendum shall remain in full force and effect. AGREED: CITY OF WINTER SPRINGS UNIVERSAL ENGINEERING SCIENCES, LLC Philip Hursh, PE Print Name: Interim City Manager Title: Date: Date: ATTEST: Christian Gowan City Clerk First Addendum to Agreement for Building Department Services City of Winter Springs/Universal Engineering Sciences,LLC Page 3 of 3 23