HomeMy WebLinkAboutPDCS, LLC - Agreement for Building Department Services - 2025 04 07AGREEMENT FOR BUILDING DEPARTMENT SERVICES
THIS AGREEMENT FOR BUILDING DEPARTMENT SERVICES ("Agreement") is made this / 'h day of
dyl , 2025, 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 PDCS, LLC, a Florida
Limited Liability Company located at 3361 Rouse Road, Suite 210, Orlando, Florida 32817 ("Service Provider").
WITNESSETH:
WHEREAS, City is a municipal corporation existing under the laws of the State of Florida and, in the
conduct of business, desires to obtain professional services relating to Building Code Administration
Services, Building Official Services, Plans Review Services, and Building Code Inspection Services, for the City
of Winter Springs on a continuing basis, as outlined in Exhibit "A," the Scope of Services ("Services"); and
WHEREAS, Service Provider is an active Limited Liability Company, duly licensed and existing under the laws of
the State of Florida, experienced in the foregoing, and agrees to perform these Services for the City under the
terms and conditions set forth in this Agreement; and
WHEREAS, Service Provider has the knowledge, experience, and expertise to provide such services
competently and efficiently; and
WHEREAS, Service Provider and the City are hereby bound by the terms and conditions of this Agreement. City and
Service Provider are hereby bound further bound by the terms and conditions of the City's Request for Proposals RFP
#01-25-01 TR, dated January 24, 2025, which is incorporated herein by this reference. City and Service Provider are also
bound by the Service Provider's Response to RFP #01-25-01 TR, dated February 21, 2025, which is incorporated herein
by this reference; and
WHEREAS, Service Provider shall comply with all applicable federal, state, and local regulations regarding the
Services being provided; and
WHEREAS, Service Provider is willing to provide such building department Services for the City under the
terms and conditions stated herein; and
WHEREAS, the City of Winter Springs deems that the Services being provided by this Agreement serve a
public purpose and are in the best interests of the public health, safety, welfare, convenience, and morals of
the citizens of Winter Springs.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties covenant and agree as follows:
1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein
by this reference.
1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the
Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or
representations shall be binding upon any of the parties hereto unless expressly incorporated in this Agreement.
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1 •J Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this
Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the
cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to
complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the
competence and abilities tocarefully and faithfully complete the Services within the time set forth herein. Service
Provider will perform its Services with due and reasonable diligence consistent with sound professional practices.
2.0 TERM AND DEFINITIONS
2.1 Term. The initial term of this Agreement shall be for three (3) years commencing on May 01, 2025,
and terminating at midnight on April 30, 2028, unless either party chooses to exercise its rights under Section 20,
"Termination." The parties shall have the option to extend the term of this Agreement for two (2) one-year periods.
Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90)
days prior to the expiration of this Agreement's current term.
The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the performance
of the Service Provider annually at least ninety (90) days prior to the Agreement's anniversary date. Based upon their
performance review, the City Manager shall recommend a one (1) year extension of or termination of the Agreement.
2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning
ascribed to them unless the context clearly indicates otherwise:
a. "Agreement or "Contract shall be used interchangeably and shall refer to this Agreement and all
exhibits and attachments hereto, as may be amended from time to time, which shall constitute
authorization forthe Service Provider to provide the building department services approved by the
City.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement.
C. "Service Provider" shall mean PDCS, LLC, and its principals, officers, employees, professional staff,
subcontractors, consultants and agents.
d. "Public Record" shall have the meaning given in Chapter 119.011, Florida Statutes.
e. 'Work" or "Services" shall be used interchangeably and shall include the performance of the work
agreed to by the parties in this Agreement and outlined in Exhibit "A," Scope of Services.
f. "City Project Manager" or "Designated Representative" shall mean the City Manager, the
Community Development Director, or his/her respective designee, who is to provide the general
administration of the Agreement.
g. "Building Official" shall mean PDCS's Building Code Administrator (Building Official). The Building Official
shall directly report to the City's Community Development Director.
h. "City Code" shall mean the Code of Ordinances of the City of Winter Springs.
3.0 SCOPE OF SERVICES
The Service Providershali do, perform, deliver and carryout, in a professional manner, the type of building
department Services as set forth in the Scope of Work attached hereto as Exhibit "A," which is fully incorporated
herein by this reference, including but not limited to the furnishing of all materials. equipment, tools, labor, and
incidentals, unless otherwise expressly agreed to by the City. The hours assigned to Service Provider are as set forth
in the Fee Schedule and Assigned Hours, which is attached hereto as Exhibit "B" and fully incorporated herein by
this reference.
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4.0 AMENDMENTS AND MODIFICATIONS
Modifications or changes in the terms and conditions set forth in this Agreement, including any exhibits or attachments
hereto, must be mutually agreed to in writing and executed by the parties bound to this Agreement.
5.0 SCHEDULE
5.1 Service Provider shall perform services in conformance with the schedule reasonably established by
the City Project Manager. Service Provider shall complete all of said Services in a timely manner and will keep City
apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should
Service Provider fall behind on an established schedule, it shall employ such resources so necessary to comply with
the schedule. Service Provider must provide the City with advance notice of scheduled absences and leaves, as well
as ensure backup staff is available to cover Building Official, Plan Review, and Inspection services.
5.2 No extension for completion of services shall be granted to Service Provider without City's prior written
consent.
6.0 PAYMENT
6.1 City shall pay for Services at the rates outlined In Exhibit "B," Fee Schedule and Assigned Hours
6.2 Invoices. All Services provided to the City must be described upon the Service Provider's invoice with
sufficient clarity for the City to easily identify and confirm the Services having been provided. All invoice entries shall
clearly indicate the type of Service rendered, identify the Service Provider's employee who rendered such Service, and
note the appropriate hourly ratecharged.
6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the
invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices may only be
submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be
no other compensation paid to the Service Provider and its principals. employees, and independent professional associates and
consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty (30) days
of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work
performed. Payments shall be due and payable as provided by the Florida Local Government Prompt Payment Act s. 218.70 et.
seq., Florida Statutes.
6.4 Truth -In -Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the
execution of a truth -in -negotiation certificate certifying that the wage and rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of the date of the
Agreement. Pursuant to section 287.055(5)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed -fee
professional service contract (including any applicable Work Order issued hereunder) over the threshold
amount provided in section 287.017, Florida Statutes for CATEGORY FOUR, City will require the Service Provider
to execute a truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation are accurate, complete, and current at the time of contracting. The Service Provider further
agrees that the original agreement or Work Order price and any additions thereto shall be adjusted to exclude
any significant sums by which the City determines the agreement or Work Order price was increased due to
inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement or Work
Order adjustments shall be made within (1) year following the end of the Agreement or Work Order, if
applicable. For purposes of this certificate, the end of the agreement or Work Order shall be deemed to be the
date of final billing or acceptance of the work by the Authority, whichever is later.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services performed by
Service Provider.
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7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this
Agreement.
8.0 AUDIT AND INSPECTIONS
The Service Provider shall maintain records on the City's projects, in accordance with generally accepted accounting
principles and practices to substantiate all invoiced amounts. Said records shall be kept and made available to the City
in accordance with Section 18.1 herein. The Service Provider may be audited by the City in relation to this Agreement
at the City's discretion. Should such an audit by the City reveal monies owed to the City, the Service Provider shall
reimburse the City for the cost or the audit and pay the principal overcharge amount owed the City plus interest
accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal
overcharge amount revealed in the audit for the period from the original payment due date(s) to the payment by the
Service Provider of all monies owed.
9.0 PROFESSIONALISM AND STANDARD OF CARE
Service Provider shall do, perform and carry out in a professional manner all Services required to be performed by this
Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily
exercised under similar circumstances by reputable members of Service Provider's profession working in the same or
similar locality as Service Provider.
10.0
Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. If
the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to determine the Work
performed or the manner in which it is being performed, the City may seek more detail from the Service Provider.
Service Provider agrees to provide that information within a reasonable time period.
11.0
The Service Provider (for itself and any of its employees, contractors, partners, and agents used to perform the
Services) hereby warrants unto the City that all of its employees (and those of any of its contractors, partners, and
agents used to perform the Services) have sufficient experience to properly complete the Services specified herein
or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise
and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its
employees, The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any
publicauthority bearing onthe performance of the Work. The Service Provider further warrants that all inspection
and plan review personnel of Service Provider possess the required Florida state certifications required by Chapters
468, 471, or 481, Florida Statutes.
Service Provider hereby represents and warrants to the City thefollowing:
a. Service Provider is duly registered and licensed to do business in the State of Florida and
is in good standing under the laws of Florida and is duly qualified and authorized to carry
on the functions and operations set forth in this Agreement.
b. The undersigned signatory for Service Provider has the power, authority, and the legal
right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
Service Provider has been duly authorized by the board of directors and/or president
of Service Provider. In support of said representation, Service Provider agrees to
provide a copy to the City of a corporate certificate of good standing provided by the
State of Florida prior to the execution of this Agreement.
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c. Service Provider is duly licensed under all local, state and federal laws to provide the
Services slated in paragraph 3.0 herein. in support of said representation, Service Provider
agrees to provide a copy of all said licenses to the City prior to the execution of this
Agreement.
With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the
parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider
is an independent contractor and not an agent of the City. The Service Provider, its contractors, partners, agents, and
their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand,
and the Service Provider, its contractors, partners, employees, or agents, during or after the performance of the Work
under this Agreement.
City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City,
during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate
personnel shall attend such meetings as designated by the City Project Manager,
15.0
Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and
property, The safety provisions of all applicable laws, regulations and codes shall be observed. Hazards arising from
the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted
standard of safety. Service Provider shall be solely and absolutely responsible and assume all liability for the safety
and supervision of its principals, employees, contractors, and agents while performing Services provided hereunder.
16.0 INSURANCE
Without limiting any of the other obligations or liabilities of Service Provider, Service Provider shall, at its sole expense,
procure, maintain and keep in force adequate amounts and types of insurance conforming to the minimum requirements
set forth below. The insurance shall become effective prior to the commencement of work by Service Provider and shall be
maintained in force until final completion. The Certificate of Insurance must be made to the City of Winter Springs,1126 East
State Road 434, Florida, 32708, and should reference the operation and shall name the City as an additional insured. Prior
to renewal. non -renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written
notice shall be given to the City of Winter Springs. All insurance required herein shall be written as primary policies, not
contributing to or in excess of any coverage that the City may carry. The insurance carriers shalt have a minimum of "A"
rating based on the latest rating publication for Property and Casualty Insurers such as A.M, Best Company (or its equivalent).
All insurers must be lawfully admitted to conduct business within the State of Florida. The amounts and types of insurance
shall conform to the following minimum requirements:
Worker's Compensation. Shall cover Service Provider and subcontractors to the fullest extent of
the minimum coverage amounts required bylaw.
b. Commercial General Liability. Minimum limit of $1,000,000.00 per occurrence and $3,000,000.00
aggregate forbodily injury and property damage liability. This coverage shall also include: Premises
and Operations liability; Contractual Liability; and coverage of Service Provider's subcontractors and
Independent Contractors.
c. Commercial Automobile liability. Minimum limit of $1,000,000.00 per claim, covering any auto
including owned, non -owned, hired or leased. In the event Service Provider owns no automobiles, the
Commercial Auto Liability requirement shall be amended allowing Service Provider to maintain only
Hired & Non -Owned Auto Liability. if vehicles are acquired throughout the term or the contract, Service
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Provider agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended
requirement may be satisfied by way of endorsement to the Commercial General liability, or a separate
Commercial Auto coverage form.
Professional Liability Insurance (Errors and Omissions). Minimum limit of $1,000,000.00 per
occurrence and $2,000,000.00 annual aggregate forservices, goods, or projects thatwill exceed
$1,000,000.00 in value over a year. Minimum limit of $250,000.00 per occurrence and $500,000.00
annual aggregate for services, goods, or projects that will not exceed $1,000,000.00 in value over a
year.
Service Provider expressly understands and agrees that any insurance protection required by this Agreement
or otherwise provided by Service Provider shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the City or its officers, employees, agents and instrumentalities as herein provided.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
In the performance of work and services under this Agreement, Service Provider agrees to comply with the Florida
Building Code and all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the
term of this Agreement that are applicable to Service Provider, its employees, agents or subcontractors, if any, with
respect to the work and services described herein. Service Provideragrees it shall complywith all applicable City
policies andregulations, rulesand guidelines in connection with the Services to be provided hereunder.
18.0 DOCUMENTS
Public Records. Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, Service
Provider agrees that any records, documents. transactions. writings, papers, letters, computerized information and
programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other
material(s), regardless of the physical form, characteristics, or means of transmission. of Service Provider related,
directly or indirectly, to the services provided to the City under this Agreement and made or received pursuant to law
or ordinance or in connection with the transaction of official business by the City. may be deemed to be a public record,
whether in thepossession or control of the City or the Service Provider. Said records, documents, transactions, writings,
papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data
processing software, writings or other material(s), regardless of the physical form, characteristics, or means of
transmission of Service Provider are subject to the provisions of Chapter 119, Florida Statutes, and may not be
destroyed without the specific written approval of the City's designated custodian of public records.
IFTHE SERVICE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SERVICE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-5999,
CITYCLERKDEPARTMENT@WINTERSPRINGSFL.ORG, 1126 EAST STATE ROAD 434, FLORIDA 32708.
Service Provider Is required to and agrees to comply with public records laws. Service Provider shall keep and maintain
all public records required by the City to perform the services as agreed to herein. Service Provider shall provide the
City, upon request from the City Clerk, copies 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 law. Service Provider 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 term. Upon completion of the Agreement,
Service Provider shall transfer to the City, at no cost, all public records in possession of the Service Provider, provided
the transfer is requested in writing by the City Clerk. Upon such transfer, Service Provider shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements. However, if
the City Clerk does not request that the public records be transferred, the Service Provider shall continue to keep and
maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the City, upon request from the City Clerk, in a
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format that is compatible with the information technology systems of the City. Should the City not possess public
records relating to this Agreement which are requested to be inspected or copied by the City or any other person, the
City shall immediately notify Service Provider of the request and the Service Provider shall then provide such records
to the City or allow the records to be inspected or copied within a reasonable time. If the Service Provider does not
comply with a public records request, the City may enforce this Section to the extent permitted by law. Service Provider
acknowledges that if the Service Provider does not provide the public records to the City within a reasonable time, the
Service Provider may be subject to penalties under Section 119.10, Florida Statutes. The Service Provider acknowledges
that if a civil action is filed against the service Provider to compel production of public records relating to this
Agreement, the court may assess and award against Service Provider the reasonable costs of enforcement, including
reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times
during the normal business hours of the Service Provider, be open and freely exhibited to the City for the purpose of
examination, audit, or otherwise. Failure by Service Provider to grant such public access and comply with public records
laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery
or a written notice of cancellation. If the Service Provider fails to comply with this Section, the City must enforce this
Section, or the City suffers a third -party award of attorney's fees and/or damages for violating Chapter 119, Florida
Statutes, due to Service Provider's failure to comply with this Section, the City shall collect from Service Provider
prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against
Service Provider. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages
which the City had to pay a third party because of the Service Provider's failure to comply with this Section. The
terms and conditions set forth in this Section shalt survive the termination of this Agreement.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due
or to become due hereunder without the prior written consent of City. Nothing under this Agreement shall be
construed to give any rights or benefits in this Agreement to anyone other than City and Service Provider, and all
duties and responsibilities under this Agreement will be for the sole and exclusive benefit of City and Service
Provider and not for the benefit of any other party.
19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service
Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the subcontractor
as if no subcontract had been made.
19.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City
shall so notify Service Provider who shall take immediate steps to remedy the situation.
19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any
Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates with
insurance coverage as set forth by the City.
This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the City in the
event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the
Service Provider. It may also be terminated by the City with or without cause immediately upon written notice to the
Service Provider. Unless the Service Provider is in breach of this Agreement, the Service Provider shall be paid for
services rendered to the City's satisfaction through the date of termination. Upon receipt or a Termination Notice and
except as otherwise directed by the City, the Service Provider shall:
a. Stop work on the date and to the extent specified by the City;
b. Terminate and settle all orders and subcontracts relating to the performance of the terminated work;
c. Transfer all work in process, completed work and other material related to the terminated work to the
City or approved designee; and
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d. Continue and complete all parts of the work that have not been terminated.
21.0 FORCE MAJEURE
Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to
the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Service
Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or
facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or
causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such
party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement.
22.0 GOVERNING LAW & VENUE
This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the
State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. The parties agree that the
Agreement was consummated in Seminole County, and the site of the Services is Seminole County. Venue for any
federal action or litigation shall be in the Middle District of Florida in Orlando, Florida.
23.0 HEADINGS
Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement.
24.0 SEVERABILITY
In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise
unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable
adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this
Agreement shall otherwise be fully enforceable.
25.0 INTEGRATION.
The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations,
statements, warranties, or agreements other than those expressed herein. This Agreement represents the entire and
integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements. either
oral or written, and all such matters shall be deemed merged into this Agreement.
26.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service
Provider.
27.0 PROHIBITION AGAINST CONTINGENT FEES
Service Provider warrants that he or she has not employed or retained any company or person, other than a bona
fide employee working solely for the Service Provider to solicit or secure this agreement and that he or she has
not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the Service Provider , any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this agreement. For each breach or violation of this provision, the
City shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the
contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
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28.0
Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither
party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any
such relationship with the other party,
29.0 ATTORNEY'S FEES
In the event of any action arising under this Agreement, whether or not a lawsuit or other proceeding is filed, each party shall
bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees incurred in anyway in
connection with the matter, whether incurred before litigation, during litigation, during appeal, or in connection with
enforcement of a judgment, including, but not limited to, attorneys' and experts' fees. This shall include fees and costs
incurred in litigating entitlement to attorneys' fees and costs, as well as in determining or quantifying the amount of
recoverable attorneys' fees and costs. The reasonable costs shall include costs that are taxable under any applicable statute,
rule or guideline, as well as non-taxable costs, including but not limited to, costs of investigation, copying costs, electronic
discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and
expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise
taxable.
30.0 COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when so executed and delivered
shall be considered an original agreement but such counterparts shall together constitute but one and the same
instrument.
31.0 DRAFTING
City and Service Provider each represent that they have both shared equally in drafting this Agreement and no
party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute
between the parties.
32.0 NOTICES
32.1 All projects, notices, demands, requests, instructions, approvals, and claims shall be in writing. All
notices of any type shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the
below listed individuals, all to the following individuals at the following locations:
For Service Provider:
PDCS, LLC
c/o Paul Smith
3361 Rouse Road, Suite 210
Orlando, Florida 32817
Phone: (407) 277-9795
Facsimile: (407) 277-6863
For City:
City Manager
City of Winter Springs 1126 East State
Road 434 Winter Springs, FL 32708
Phone: (407) 327-1800
Facsimile: (407) 327-47S3
Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand
delivery, or If notice is given by first class U.S. mail, postage prepaid, then notice shall be deemed to have been given
upon the date said notice was deposited in the U.S. Mall addressed in the manner set forth above. Any party hereto
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by giving notice in the manner set forth, may unilaterally change the name of the person to whom notice is to be given
or the address at which notice is to be received.
32.2 Either party may change the notice address by providing the other party written notice of the change.
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The City intends to avail itself of the benefits of Section 768,28, Florida Statutes and any other statutes and common
law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this
Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28. Florida
Statutes, or other limitations imposed on the City's potential liability under state or federal law. Erdman agrees that
City shall not be liable under this Agreement for punitive damages or interest for the period before Judgment. Further,
City shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred
thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments paid bythe State or its agencies and subdivisions arising out of the same incident or occurrence,
exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the
benefit of any third party for the purpose of allowing any clai m which would otherwise be barred under the doctrine
of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement
34.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest
extent permitted by law. to indemnify and hold harmless the City and its commissioners, employees, officers, and
city attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all
administrative, trial and appellate proceedings), directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all Services performed
under this Agreement by Service Provider, and its employees, principals, agents,
independent contractors, subcontractors and consultants.
the acts, errors, omissions, intentional or otherwise, arising out of or resulting from
Service Provider's and its employees, partners, contractors, subcontractors and
agents on the performance of the Services being performed under this Agreement;
Service Provider's, and its employees', partners', contractors', subcontractors and
agents' failure(s) to comply with the provisions of any federal, state, or local laws,
ordinance, or regulations applicable to Service Provider's and its employees',
partners', contractors', subcontractors' and agents' performance under this
Agreement;
any fraud and misrepresentation conducted by Service Provider and its employees,
partners, contractors, subcontractors and agents on the City under this Agreement.
34.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense
or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all
suits and actions of every name and description that may be brought against the City or its commissioners,
employees, officers, and City Attorney which may result from any negligent act, omission or operation of work
related to the Services under this Agreement whether the Services be performed by the Service Provider, or
anyone directly or indirectly employed by them. In all events the City and its commissioners, employees, officers,
and City Attorney shall be permitted to choose legal counsel of its sole choice. the fees for which shall be reasonable
and subject to and included with this indemnification provided herein.
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City of Winter Springs and PDCS LLC
35.0
City and Service Provider each binds itself and its partners, successors, executors, administrators and assigns to the
other Party of this Agreement and to the partners, successors, executors, administrators and assigns of such other
Party, in respect to all covenants of this Agreement. Nothing herein shall be construed as creating any personal liability
on the part of any officer or agent of City, which may be a party hereto, nor shall 11 be construed as giving any rights or
benefits hereunder to anyone other than City and Service Provider.
36.0 ARREARS
Service Provider shall not pledge City's credit or make it a guarantor of payment or surety for any agreement, debt,
obligation. judgment, lien, or any form of indebtedness, Service Provider further warrants that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
37.0 AVAILABILITY OF FUNDS
The obligations of the City under this Agreement are subject to the availability of funds lawfully appropriated for its
purpose by the City.
38.0 CONDUCTOF SERVICE PROVIDER
Service Provider acknowledges that its employees and agents will behave in an appropriate manner while on any City
property and while on any residential or commercial private property relating to the performance of Services in
accordance with this Agreement and shall, at all times, conduct themselves in a manner consistent with City policies
and within the discretion of the City Project Manager or designee. Professional and personal conduct of Service
Provider's staff shall conform to City's personnel policies. It is a breach of this Agreement for any agent or employee
of Service Provider to behave in a manner which Is inconsistent with good conduct or decorum or to behave in any
manner that will disrupt the functioning of the City or constitute any level of threat to the safety, health, and well-
being of any citizen, invitee, licensee, agent or employee of the City. Service Provider agrees to immediately remove
any agent or employee if directed to do so by the City Project Manager or designee.
39.0 BACKGROUND AND DRIVING RECORD CHECKS
Service Provider shall conduct criminal background and legal status checks of all employees that provide Services to
the City. Service Provider shall conduct driving record checks as needed in order to ensure that Service Provider's
employees are coverable by Service Provider's vehicle insurer. Service Provider staff which do not conform to the
standards required by City will be counseled by Service Provider and/or removed at the request of City.
40.0 OWNERSHIP OF DOCUMENTS
All documents produced by the Service Provider in relation to this Agreement shall remain the property of the City.
41.0 SURVIVAL
All covenants, agreements representation, and warranties made herein, or otherwise made in writing by any Party,
including but not limited to any representations herein relating to disclosure or ownership of documents, shall survive
the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. The
insurance and indemnity provisions set forth in the Agreement shall survive the termination of the Agreement.
42.o AUTHORITY
Service Provider hereby represents and warrants that it has and will continue to maintain all licenses and approvals
required to conduct its business, and that it will at all times conduct its business activities in a reputable manner.
Page 11 of 22
Agreement for Building Department Services
City of Winter Springs and PDCS LLC
43.0
Service Provider agrees it shall comply with all applicable laws, codes, ordinances, permitting and regulations as well
as applicable City policies and regulations, rules and guidelines in connection with the Services to be provided
hereunder. City agrees that it shall comply with all applicable laws, codes, ordinances, permitting and regulations
in connection with the Services to be provided hereunder.
44.0
Service Provider shall acquire no rights under the Agreement to, and shall not use, the name of the City of Winter
Springs, Florida, either alone or in conjunction with or as part of any other name, word, mark, picture, logo, design,
and/or trademark (collectively "City Marks" ) in any of Service Provider's advertising, publicity or promotion; to
express or imply any endorsement by the City of its Services; or in any other manner{whether or not similar to the
uses hereinabove specifically prohibited) without the prior review and written approval by the City, except as
expressly permitted herein. No advertisement, publication, or other use of City Marks shall be published or
otherwise promulgated by Service Provider without City's prior inspection and written approval. This clause shall
survive the expiration or sooner termination of this Agreement.
45.0 DEBARMENT
By signing this Agreement, Service Provider certifies that it and its principals:
45.0.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency.
45.0.2 Have not, within the preceding five-year period, been convicted of or had a civil Judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local)transaction or contract under
public transaction: violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification ordestruction of records, making false statements or receiving
stolen property.
45.0.3 Are not presently indicted or otherwise criminally charged by a government entity (federal,
state or local) with commission of any oftheoffense enumerated in the preceding paragraph.
45.0.4 Have not within the preceding five years had one or more public transactions (federal, state or local)
terminated for cause or default,
45.0.5 Service Provider agrees to notify City within thirty (30) days aner the occurrence of any of the
events, actions, debarments, proposals, declarations, exclusions, convictions, judgment, indictments,
informations, or terminations as described above, with respect to Service Provider or its principals.
46.0 SAFEKEEPING AND SECURITY
AspartoftheServices,Service Provider will be responsible forsafekeeping all keys, access codes, combinations, access
cards, personal identification numbers, passwords, and similar security codes and identifiers issued to Service
Provider's employees, agents, orsubcontractors. Service Provider agreesto require its employees to promptly report
a lost or stolen access device or information.
Service Provider agrees to protect and maintain the security of data with protection security measures that
include; maintaining secure environment that are patched and up to date with all appropriate security updates as
designated by a relevant authority (e.g., Microsoft notifications, etc.).
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Agreement for Building Department Services
City of Winter Springs and PDCS LLC
P //
47.1 Data Transmission. Service Provider agrees that any and all transmission or exchange of system application
data with City and/or any other parties shall take place via secure means, e.g., HTTPS, FTPS, SFTP or equivalent.
47.2 Data Storage and Backup. Service Provider agrees that any and all City data will be stored, processed, and
maintained solely on designated servers and that no City data at any time will be processed on or transferred to any
portable or laptop computing device or any portable storage medium, unless that storage medium is in use as part of
the Service Provider's designated backup and recovery processes. All servers, storage, backups and network paths
utilized in the delivery of the service shall be contained within the states, districts, and territories of the United States
unless specifically agreed to in writing by City with designated data, security or signature authority. An appropriate
officer with the necessary authority can be identified by City for any general or specific case.
47.3 Service Provider agrees to store all City backup data stored as part of its backup and recovery processes
in encrypted form, using no less than 256 bit key.
47.4 Data Re -Use. Service Provider agrees that any and all data exchanged shall be used expressly and solely
for the purpose enumerated in this Agreement. Data shall not be distributed, repurposed or shared across other
applications, environments, or business units of Service Provider.
47.5 End of Agreement Data Handling. Service Provider agrees that upon termination of this Agreement it shall
return to City all data in an electronic form useable by the City.
47.6 Service Provider shall comply with any and all applicable data management and cybersecurity regulations set forth
in Florida Statutes §§ 282.3185 and 501.171. Service Provider shall take reasonable measures to protect and secure electronic data
containing personal information. In the event of a data breach, Service Provider shall provide notice to the Department of Legal
Affairs and to affected individuals as provided in Florida Statutes § 501.171.
48.0 TIME OF ESSENCE
Time is of the essence concerning the performance of all terms and conditions of this Agreement
49.0 CONFLICT OF INTEREST
Service Provider represents that it presently has no interest and shall acquire no interest either director indirect,
which would conflict inanymannerwiththe performance ofServices required hereunder, as provided for in Section
112.311, Florida Statutes. Service Provider further represents that no person having any interest shall be
employed for said performance of Services. Service Provider shall promptly notify City in writing by certified mail
of all potential conflicts of interest for any prospective business association, interest or other circumstances that
may influence or appear to influence Service Provider's judgment or quality of Services being provided hereunder.
Such written notification shall identify the prospective business association, interest or circumstances and the nature
of work that Service Provider may undertake. Service Provider shall request an opinion by City as to whether the
association, interest or circumstances would, in the opinion of the City, constitute a conflict of interest if entered into
by Service Provider. City agrees to notify Service Provider of its opinion within thirty calendar days' receipt of
notification by Service Provider. If, in the opinion of the City, the prospective business association, interest or
circumstances would not constitute a conflict of interest by Service Provider, City shall so state in its response, and
Service Provider may, at its option, enter into said association, interest or circumstance and it shall be deemed not a
conflict of interest with respect to the Services provided to City by Service Provider under the terms of this Agreement.
If City, in its sole discretion, determines that there is such a conflict. Service Provider shall not enter into or if already
entered into, shall immediately terminate such arrangement or Agreement with the subject business associate.
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Agreement for Building Department Services
City of Winter Springs and PDCS LLC
50.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the
Service Provider, the inconsistency shall be resolved by giving precedence in the following order:
a. Addenda or amendments to this Agreement executed subsequent to the Effective date of this Agreement.
b. This Agreement.
c. Exhibits to this Agreement.
d. The City's RFP #01-25-01 TR.
e. The Service Provider's Response to RFP #01-25-01 TR.
50.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service
Provider.
At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the
Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work
descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out
the work in accordance with the decision of the City.
1 IN' 4►1 : I IT, I I UG I Lei►
The Service Provider warrants and represents that it complies with all Federal and State requirements concerning
fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin, disability,
sexual orientation, gender identity, or expression, and genetic information or any other category of persons
protected pursuant to Florida law.
53.0 E-VERIFY
Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, Service Provider shall register with and use the U.S.
Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all
employees hired on and after January 1, 2021.
Subcontractors:
a. Service Provider shall also require all subcontractors performing work under this Agreement to use the E-
Verify system for any employees they may hire during the term of this Agreement.
b. Service Provider shall obtain from all such subcontractors an affidavit stating the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida
Statutes.
c. Service Provider shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain
a copy for the duration of the Agreement.
Service Provider must provide evidence of compliance with section 448.095, Florida Statutes.
Evidence shall consist of an affidavit from the Service Provider stating all employees hired on and after January 1, 2021, have had their
work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system.
Failure to comply with this provision is a material breach of the Agreement and shall result in the immediate termination of the
Agreement without penalty to the City. To the extent provided by Florida law, Service Provider shall be liable for any additional costs
incurred by the City as a result of the termination of the Agreement.
The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field
shall perform the Services. Service Provider shall comply with all laws, ordinances and rules in performing the Services.
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Agreement for Building Department Services
City of Winter Springs and PDCS LLC
AR -
Service Provider shall pay all taxes, fees, license fees required by law, including but not limited to occupational fees and
withholding taxes and assume all costs incident to the Services, except as provided herein.
55.0 INDEPENDENT CONTRATORS
The Service Provider specifically understands and agrees that it is an independent contractor with respect to the Services
provided pursuant to this Agreement, and not an employee, agent. or servant of the City. All persons engaged in any of
the Services performed shall at all times, and in all places, be subject to the Service Provider's sole discretion, supervision.
and control. The Service Provider shall exercise control over the means and manner in which it and its employees perform
the work; the City's interest is in the results obtained. Nothing in this Agreement shall be interpreted to establish any
relationship. other than that of an independent contractor, between City and Service Provider, during or after
performing the Services.
56.0
No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor
any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a
waiver of (1) any provision of this Agreement, (2) the right to have It fully performed, (3) any power herein reserved by
the City or (4) any right to damages under this Agreement No waiver of any breach of this Agreement shall be held to be
a waiver of any other breach. Failure of City to insist upon performance within any time period or upon a proper level or
quality of performance shall not act as a waiver of City's right to later claim a failure to perform by Service Provider.
57.0 EXCLUSIVITY
This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to
that to be performed by the Service Provider hereunder.
58.0 SCRUTINIZED COMPANIES. Service Provider must provide evidence of compliance with section
287.135, Florida Statutes. Evidence shall consist of an affidavit from the Service Provider stating that neither Service
Provider, its owners, or its principals, are listed on either the Scrutinized Companies with Activities in Sudan List or on
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; engaged in business operations in
Cuba or Syria; or on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Service
Provider will notify the City immediately if the Service Provider , its owners, or its principals are placed on the
Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List; engaged in business operations in Cuba or Syria; or on the Scrutinized Companies that
Boycott Israel List or is engaged in a boycott of Israel.
59.0 DEALINGS WITH FOREIGN COUNTRIES OF CONCERN. To the extent that, under this
Agreement, Service Provider has access to personal identifying information, Service Provider agrees that: Service
Provider is not owned by the government of a foreign country of concern; the government of a foreign country of
concern does not have a controlling interest in Service Provider; and Service Provider is not organized under the laws
of and does not have its principal place of business in a foreign country of concern. Per Florida Statutes § 287.138(1)(c),
"foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran,
the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the
Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of
concern. Breach of this provision shall be considered a material breach of this Agreement and shall entitle City to, in its
sole discretion, terminate this Agreement.
60.0 CONVICTED VENDORS. Service Provider has a continuous duty to disclose to City if the Service
Provider or any of its affiliates, as defined by Florida Statutes § 287.133(1)(a) are placed on the convicted vendor list.
Failure of Service Provider to timely disclose whether it or any of its affiliates has been placed on the convicted vendor
list shall be considered a material breach of this Agreement and shall entitle City to, in its sole discretion, terminate this
Agreement.
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City of Winter Springs and PDCS LLC
61.0 FOREIGN GIFTS AND CONTRACTS. Service Provider shall comply with any and all applicable
disclosure requirements of Florida Statutes § 286,101. A breach of this subsection shall be considered a material breach
of this Agreement and shall entitle City to, in its sole discretion, terminate this Agreement.
62.0 DISCRIMINATORY VENDORS. Service Provider agrees that it has not been placed on the
Discriminatory Vendor List pursuant to Florida Statutes § 287.134. Failure of Service Provider to timely disclose whether
it or any of its affiliates has been placed on the Discriminatory Vendors List shall be considered a material breach of this
Agreement and shall entitle City to, in its sole discretion, terminate this Agreement.
63.0 TRAFFICKING. As a condition of this Agreement, the Service Provider shall attest under penalty
of perjury that the Service Provider does not use coercion for labor or services as defined in Section 787.06(2), Florida
Statutes. Attestations shall be documented using a Human Trafficking Affidavit as provided by the City. The Service
Provider understands and affirms that Section 787.06(2), Florida Statutes, defines "coercion," 'labor," and "services" as
follows:
A. "Coercion" means: (1) using or threatening to use physical force against any person; (2)
restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without
lawful authority and against his or her will; (3) using lending or other credit methods to establish a
debt by any person when labor or services are pledged as a security for the debt, if the value of the
labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length
and nature of the labor or services are not respectively limited and defined; (4) destroying, concealing,
removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other
immigration document, or any actual or purported government identification document, of any
person; (5) causing or threatening to cause financial harm to any person; (6) enticing or luring any
person by fraud or deceit; or (7) providing a controlled substance as outlined in Schedule 1 or Schedule
II of Section 893.03, Florida Statutes, to any person for the purpose of exploitation of that person.
B. "Labor" means that work of economic or financial value.
C. "Services" means any act committed at the behest of, under the supervision of, or for
the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the
removal of organs.
Service Provider understands and affirms that Section 787.06(13), Florida Statutes, prohibits the City
from executing, renewing, or extending a contract with an entity that uses coercion for labor or
services.
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Agreement for Building Department Services
City of Winter Springs and PDCS LLC
WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly
authorized representatives as of the date first written above.
CITY OF WINTER SPRINGS
Kevin Sweet, City Manager
Date: LOPS-
ATTEST:
1
Christian Gowan, City Clerk
PDCS,LLC
Paul Smith, Managing Partner
Name
Date: April 4, 2025
Page 17 of 22
Agreement for Building Department Services
City of Winter Springs and PDCS LLC
Title
EXHIBIT "A"
SCOPE OF SERVICES
Services
A. City operating hours. The City's operating hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., except for
certain holidays. Service Provider shall provide municipal building department services to the City's citizens and
clients.
B. Services. The Services to be provided by Service Provider pursuant to this Agreement shall include, but not be limited
to building code administration services; plans examination of both residential and commercial projects prior to
permit issuance; and, field inspection of both residential and commercial projects located within the City, as further
described herein. Service Provider shall meet all responsibilities of building code administrators, plans examiners, and
inspectors as provided in Section 468.604, Florida Statutes, and as otherwise described herein.
Building Code Administration/Building Official ("Building Official") Services
a. Service Provider shall provide to the City, on a daily basis, a Building Official who shall be licensed in
accordance with Chapters 468 and 553, Florida Statutes, as may be amended, as a Building Code
Administrator by the State of Florida.
b. The Building Official is responsible for direct regulatory administration or supervision of plan review,
enforcement, or inspection of building construction, erection, repair, addition, remodeling, demolition,
or alteration projects that require permitting indicating compliance with building, plumbing,
mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as
required by state law or municipal or county ordinance.
C. The Building Official is authorized to enforce the provisions of the City Code. The Building Official shall
have the authority to render interpretations of the City Code and to adopt policies and procedures in
order to clarify the application of its provisions. Such interpretations, policies and procedures shall be
in compliance with the intent and purpose of the City Code. Such policies and procedures shall not
have the effect of waiving requirements specifically provided for in the City Code.
d. The Building Official shall receive applications, review construction documents and issue permits for
the erection, and alteration, demolition and moving of buildings and structures. inspect the premises
for which such permits have been issued and enforce compliance with the provisions of the City Code
The Building Official shall examine or cause to be examined the accompanying submittal documents
and shall ascertain by such examinations whether the construction indicated and described is in
accordance with the requirements of this code and other pertinent laws or ordinances.
e. The Building Official shall make all of the required inspections, or the Building Official shall have the
authority to accept reports of inspection by its authorized plans examiners and inspectors.
f. The Building Official shall issue all necessary notices or orders to ensure compliance with this code.
g. The Building Official shall investigate complaints regarding building construction codes, ordinances, or
hazards. The Building Official shall issue Stop Work Orders as required to achieve compliance.
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City of Winter Springs and PDCS LLC
h. The Building Official shall carry proper identification when inspecting structures or premises in the
performance of duties under this code
i. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building
Official has reasonable cause to believe that there exists in a structure or upon a premises a condition
which is contrary to or in violation of this code which makes the structure or premises unsafe,
dangerous or hazardous, the Building Official is authorized by the City Code to enter the structure or
premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if
such structure or premises be occupied that credentials be presented to the occupant and entry
requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable
effort to locate the owner or other person having charge or control of the structure or premises and
request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by
law to secure entry.
j. The Building Official shall keep official records of applications received, permits and certificates issued,
fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in
the official records for the period required for retention of public records pursuant to Chapter 119,
Florida Statutes.
k. The Building Official shall respond to architects, engineers, contractors, building owners and associates,
City staff, officials and the general public, or as otherwise directed by the City, concerning the
explanation and interpretation of building codes and standards relating to construction within the City,
or other matters as requested by the City.
I. The Building Official shall report directly to the City's Community Development Director as needed or
requested by the City.
M. The Building Official shall attend any meetings as requested by the City (including but not limited to
development review, preconstruction and construction meetings) and will represent the City's interest
in oversight of all construction projects within the City. Upon request by the City, the Building Official
shall evaluate current permitting, plan review, inspection and certificate issuance processes of the
City. Any recommendations will be made to the Community Development Director, or his/her
respective designee,
n. The Building Official is responsible for supervision of all Service Provider employees assigned to the
City. The Building Official shall provide oversight in work processes to City staff working within the
Community Development Department or as otherwise directed. The Building Official shall coordinate
with City departments and City staff in the performance of Services for the City.
o. The Building Official shall be knowledgeable regarding and enforce the latest, most current edition of
the Florida Building Code and the National Electrical Code.
P. The Building Official shall be available for and provide timely responses to the City in the case of
emergencies whether during or outside of City operating hours.
q. The Building Official shall Review and maintain all records required by the Federal Emergency
Management Agency (FEMA) in association with processing of building permits and elevation
certificates.
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City of Winter Springs and PDCS LLC
r. The Building Official will be responsible for monitoring construction activity and future inspection
volumes. This monitoring process will involve gathering of different type of statistics from permits
issued reports on a monthly basis. The Building Official will provide such information to the City Project
Manager on a monthly basis or as otherwise requested by the City.
S. The Building Official will attempt to respond to issues or problems reported to the Building Official on
the same business day, but in any event the Building Official's response time shall not exceed 24 hours.
In order to ensure public safety, response to hazards, nuisances, or Florida Building Code violation,
evaluation of such complaints will be performed within one business day of receiving notice.
t. The Building Official shall provide Services as requested by the City regarding post disaster (natural or
manmade, including but not limited to hurricanes and other large storms) damage assessments and
safety inspections. The Building Official shall work with the City during post disaster (natural or
manmade) times in restoring Plan Review and Inspection Services pursuant to the Florida Building
Code and executive orders of the Governor.
U. The Building Official shall provide other related Services as requested by the City.
2. Plans Review Services
■ Service Provider shall perform the state required examination, review, and analysis of construction
drawings both traditional and electronic, plans and specifications to ensure compliance with adopted
local, state and federal codes, ordinances, policies and regulations.
■ Service Provider shall provide examination, review, and analysis of life safety drawings, plans and
specifications to ensure compliance with adopted local, state and federal codes, ordinances. policies and
regulations, Service Provider shall submit any corrections needed for compliance with Florida Building
Codes.
■ Service Provider shall process plan review comments and plan review actions.
■ Service Provider shall establish permit valuations and permit fees based on adopted ordinances.
■ At the request of the City, Service Provider's plans examiner staff shall attend and participate in meetings
relating to plan design data and code compliance.
■ Service Provider's plans examiner staff shall respond to code compliance and design criteria inquiries from
architects, engineers, contractors, building owners and associates, City staff, officials and the general
public, or as otherwise directed by the City.
■ Service Provider shall conduct research relating to local, state and federal codes, new legislation and
product approvals.
■ Service Provider's plans examiner staff shall provide technical assistance to building inspectors as needed.
■ All plans examiners shall be licensed as and meet the qualifications for licensure as a plans examiner as
established in Chapters 468 and 553, Florida Statutes, as may be amended.
3. Field Inspection Services
Service Provider shall dispatch state licensed building code Inspectors to perform field inspections at all
commercial and residential properties undergoing repair and/or construction within the City.
® Service Provider shall use standard industry inspection practices when performing all inspections.
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Agreement for Building Department Services
City of Winter Springs and PDCS LLC
• Service Provider shall use any notices specified by the City in issuance of correction notices and related
when detailing areas of code deficiencies.
• Service Provider shall provide both commercial and residential building code inspectors, as licensed plan
reviewers in all categories of building code Inspectors as further described in Section 468.603(5), Florida
Statutes,
• Service Provider's building code inspectors shall attend and participate in meetings relating to plan design
data and code compliance.
• All building code inspectors shall be licensed as and meet the qualifications for licensure as, a building
code inspector as established in Chapters 468 and 553, Florida Statutes, as may be amended,
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Agreement for Building Department Services
City of Winter Springs and PDCS LLC
EXHIBIT "B"
FEE SCHEDULE AND ASSIGNED HOURS
I. Hours assigned to Service Provider.
A. Building Official hours. Based on current permit activity, the Building Official is assigned eight (8) hours
per day (totaling forty [40] hours per week) to the City performing duties within the City. If permitting
volume falls, the decision to lessen the Building Official's assigned billable hours may be made at the
discretion of the City. Building Official hours reassigned to other clients will not be billed to the City of
Winter Springs
B. Plans Examiner hours and Inspector hours. Plans Examiner hours and Inspector hours are billed as
performed for Services provided to the City.
II. City operating hours. The City's operating hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., except for
holidays.
III. Hourly rates for Services provided during the City's operating hours.
W
A
V.
A. Building Code Administrator/Building Official Services = $ 130.00 per hour
B. Plans Review Services = $ 110.00 per hour
C. Field Inspection Services = $ 110.00 per hour
Hourly rates for Services requested by the City to be performed outside of City operating hours.
Requests made by the City for any Services to be performed outside of its operating hours will be billed at an
hourly rate of $ 195.00, with a 2-hour minimum. Only the City Project Manager or his/her designee may make
such requests of Service Provider
Hourly rates for additional Services which may be provided during the City's operating hours.
A. Damage Assessment (EOC)
B. Fire/Life Safety Inspection Services
C. Fire Plan Review Services
$ 160.00 per hour Plus Expenses
$ 110.00 per hour
= $ 110.00 per hour
Page 22 of 22
Agreement for Building Department Services
City of Winter Springs and PDCS LLC
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