Sample_Agreement.pdf

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AGREEMENT FOR PROFESSIONAL BUILDING PLAN REVIEW AND INSPECTION SERVICES

THIS AGREEMENT made and entered into at Tampa, Florida, this ___day of , 2025, by and between the City of Tampa, a municipal corporation organized and existing under the Laws of the State of Florida, hereinafter referred to as "City", whose address is the City Hall, 315 East Kennedy Boulevard, Tampa, Florida 33602 and __________________, hereinafter referred to as "Contractor", whose address is _________________________.

In consideration of the mutual stipulations, agreements, and covenants herein contained, the parties hereto have agreed and hereby agree with each other or their executors, administrators, heirs or successors, and assigns, as follows:

FIRST:

Contractor shall furnish the services described below and all material, equipment, tools, and labor of every description necessary for and to carry out in good, firm, substantial and workmanlike manner the following work as specified herein consisting of this Agreement and the following contract documents attached hereto and made part of this Agreement:

(X) Request for Qualifications (“RFQ”) #________________, Professional Building Plan and Inspection Services inclusive of all parts, attachments, exhibits and Addendum #1

(X) Contractor’s Proposal in response to RFQ# __________ inclusive of all parts Affirmation and Signature Form.

SECOND:

Upon the faithful performance of the contract work by Contractor as set forth in this Agreement, the City shall pay Contractor for work performed and labor furnished at the prices set forth in Contractor’s Fee Schedule to Contractor's executed Proposal.

THIRD:

Contractor shall abide by, comply with, duly perform, and be bound by each and every one of the terms, provisions, conditions, and agreements contained in this Agreement.

FOURTH:

Contractor shall not transfer or assign this Agreement without the prior written approval of City;

and, during the progress of the work, Contractor shall comply with applicable Federal, State, County and City laws, rules, regulations, codes, and rules applicable to this contract.

FIFTH:

The period of this Agreement shall be for one year from the effective date of the Agreement, and may, by mutual written agreement, be renewed at the same terms and conditions for three additional one-year periods. The City, through its Director of Purchasing, has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to three (3) additional thirty (30) day periods, at the same terms and conditions. Contractor shall commence the work and shall faithfully prosecute said work to its full completion within the number of days set forth in the Agreement.

SIXTH:

This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida. Venue for any action brought in state or federal court shall be in Tampa (Hillsborough County) Florida.

SEVENTH:

If any part, terms, or provisions of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby. The City and Contractor will in good faith attempt to replace an invalid or unenforceable clause with one that is valid and enforceable.

EIGHTH:

The City does not explicitly or impliedly waive its rights to the privileges, rights, immunities, or limitations of liability provided in Section 768.28, Florida Statutes, or any other statutory limitations provided for in the Florida Statutes.

NINTH:

Contractor shall perform the services provided by this Agreement as an independent contractor, and nothing contained herein shall in any way be construed to constitute Contractor to be a representative, agent, subagent, or employee of the City or any political subdivision of the State of Florida. The relationship of Contractor to the City created by this Agreement is that of an independent Contractor. No person performing work or providing services for Contractor under this Agreement shall be entitled to any benefits available or granted to employees of the City.

Contractor assumes full responsibility for the payment and reporting of all local, state, foreign, and federal taxes and other contributions imposed or required under unemployment, social security, income tax, and similar laws, with respect to the performance of Contractor’s obligations required by this Agreement by, or on behalf of, Contractor to the City.

Notwithstanding anything in this Agreement to the contrary, Contractor shall not have the right or power to make any contracts, commitments, or admissions of liability for or on behalf of the

City. Contractor shall be solely responsible for the means, methods and procedures used by Contractor to perform under this Agreement.

TENTH:

Notwithstanding any other provision of the Agreement, if funds for the continued fulfillment of the Agreement by the City are at any time not forthcoming or are insufficient, through failure of any entity to appropriate funds or otherwise, then the City will have the right to terminate the Agreement at no additional cost and with no penalty whatsoever by giving prior written notice documenting the lack of funding. The City will use reasonable efforts to ensure appropriated funds are available.

ELEVENTH:

This Agreement may not be modified, amended or extended verbally or by conduct but only by a writing duly executed by the parties herein.

TWELFTH:

Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the City or Contractor.

THIRTEENTH:

A waiver of any provision of this Agreement shall be valid and effective only if it is in writing and signed by or on behalf of the party granting the waiver. No delay or course of dealing by a party to this Agreement in exercising a power, right, or remedy under this Agreement will operate as a waiver of any power, right, or remedy of that party, except to the extent expressly set forth in a writing signed by or on behalf of that party. In addition, the written waiver by a party of a power, right, or remedy under any provision of this Agreement will not constitute a waiver of any succeeding exercise of the power, right, or remedy or a waiver of the provision itself. Any waiver shall be limited to the particular right so waived and shall not be deemed to waive any other right under this Agreement.

FOURTEENTH:

Whenever either party desires to give notice unto the other, it must be given by written notice, delivered (i) in person, (ii) via registered or certified United States mail, postage prepaid with return receipt requested, or (iii) via nationally recognized overnight delivery service, and addressed to the party for whom it is intended at the place last specified by each party. The place for giving of notice shall remain such until it is changed by written notice delivered in compliance with the provisions of this Fourteenth Paragraph. For the present, the parties designate the following as the respective places for giving of notice:

For City:

City of Tampa Purchasing Department 2555 E. Hanna Avenue Tampa, FL 33610

For Contractor:

FIFTEENTH:

The authorized representative of Contractor has executed the attached AFFIDAVIT OF COMPLIANCE WITH FLORIDA STATUTORY PROVISIONS made part of this Agreement.

SIXTEENTH:

The parties are in agreement that this Agreement may be executed and delivered by PDF or by means of other electronic signature. The electronic, digital, or hard copies of this Agreement as signed, or otherwise accepted, by each shall be true, complete, valid, authentic, and enforceable copies of this Agreement.

SEVENTEENTH:

The Contractor releases and agrees to defend, indemnify and hold harmless the City of Tampa, its officers, elected and appointed officials, and employees from and against any and all liabilities, losses, claims, suits, actions, causes of action, either at law or in equity, damages, charges, judgments, or expenses (including attorney’s fees and court costs, whether at trial or appeal) which the City may suffer, sustain, incur, or in any way be subjected to by reason of or as a result of any act, negligence, or omission on the part of the Contractor, its agents or employees, in the execution or performance of the obligations assumed under or incidental to, the Agreement, except when caused solely by the fault, failure, or negligence of the City, its agents, or employees.

Contractor’s duty to defend is separate and apart from Contractor’s duty to indemnify and hold harmless and exists immediately upon presentation of written notice of a suit, claim or action of any nature to the Contractor by a party entitled to a defense hereunder. The obligations under this section. will not be limited by the amount of any insurance required to be obtained or maintained under this Agreement. Contractor’s duties to defend and indemnify pursuant to this section shall survive the early termination or expiration of the Agreement and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law. Nothing in this section or in the contract shall be construed as a waiver of any immunity from or limitation of liability the City, its officers, agents, and employees may have under the doctrine of sovereign immunity under common law or statute.

IN WITNESS WHEREOF, the parties hereunto set their hands and seals, and such of them as are corporations have caused these presents to be signed by their duly authorized officers on the date first written above.

ATTEST: CITY OF TAMPA

By:

(SEAL) CITY CLERK/DEPUTY CITY CLERK JANE CASTOR, MAYOR

APPROVED AS TO FORM: [CONTRACTOR]

By:

MARCELLA T. HAMILTON

ASSISTANT CITY ATTORNEY BY: ___________________________

Type or Print

ATTEST:

TITLE: Vice President (SEAL) CORPORATE SECRETARY (Pres., V-Pres., Partner, Manager, Owner) Corporation ( ) Partnership ( ) Individual ( )

LLC ( )

Incorporated in the State of

AFFIDAVIT OF COMPLIANCE WITH FLORIDA STATUTORY PROVISIONS

AFFIDAVIT OF COMPLIANCE WITH FOREIGN COUNTRIES OF CONCERN PURSUANT TO

SECTION 287.138, FLORIDA STATUTES, CONVICTED VENDOR LIST (PUBLIC ENTITY

CRIME) PURSUANT TO SECTION 287.133, FLORIDA STATUTES, PROHIBITION AGAINST

CONTRACTING WITH SCRUTINIZED COMPANIES PURSUANT TO SECTION 287.135,

FLORIDA STATUTES, PROHIBITION AGAINST HUMAN TRAFFICKING PURSUANT TO

SECTION 787.06, FLORIDA STATUTES, AND COMPLIANCE WITH E-VERIFY PURSUANT TO

SECTION 448.095, FLORIDA STATUTES

The undersigned Affiant, on behalf of the Business Entity listed below, hereby attests under penalty of perjury as follows:

Public Entity Crimes

1. Affiant understands that a “person” or “affiliate” who has been placed on the “convicted vendor list” following a “conviction” for a “public entity crime” (as those terms are defined in Section 287.133, Florida Statutes) for a period of 36 months following the date of being placed on the convicted vendor list, is ineligible to contract with or submit a bid, proposal or reply to contract with the City of Tampa.

Business Entities placed on either the “discriminatory vendor list” or “antitrust vendor list” are ineligible to transact business with the City of Tampa.

2. Affiant understands and attests that neither Affiant, nor any person or affiliate of the Business Entity, nor the Business Entity have been placed on any of the above referenced vendor lists that would render the Business Entity ineligible to contract with or submit a bid, proposal or reply to contract with the City of Tampa.

Scrutinized Companies

3. Affiant understands that pursuant to Section 287.135(2)(a), Florida Statutes, the Business Entity would be ineligible to contract with or submit a bid, proposal or reply to contract with the City of Tampa if the Business Entity is on the “Scrutinized Companies that Boycott Israel List” (created pursuant to Section 215.4725, Florida Statutes) or is engaged in a boycott of Israel. If the value of the contract is one million dollars or more if, at the time of bidding on, submitting a proposal or reply for, or entering into or renewing a contract, the Business Entity is ineligible to contract with the City of Tampa if the Entity:

a. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes; or

b. Is engaged in business operations in Cuba or Syria.

4. Affiant attests that neither Affiant nor the Business Entity are on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, nor are we engaged in a boycott of Israel, and understand that any resulting contract may be terminated for a falsification of this Affidavit.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0215/Sections/0215.473.html

E-Verify

5. Affiant understands and attests that pursuant to Section 448.095(5), Florida Statutes, the Business Entity must comply with Florida’s E-Verify law to enter into a contract with the City of Tampa.

6. The undersigned Business Entity is registered with and uses the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees.

7. No public employer has terminated a contract with the Business Entity pursuant to Section 448.095(5), Florida Statutes, within the year immediately preceding the date of contracting or submitting a bid, proposal or replay to contract with the City of Tampa.

8. Business Entity is currently in compliance and will remain in compliance, for the duration of any contract with the City of Tampa, with all requirements of Section 448.095(5), Florida Statutes.

9. Affiant understands and attests that, if there is a good faith belief that the Business Entity has knowingly violated Section 448.09(1), Florida Statutes, there is an obligation on the part of the City of Tampa to terminate a contract pursuant to Section 448.095(5), Florida Statutes.

10. Affiant understands and attests that, if there is a good faith belief that one of Business Entity’s subcontractor(s) has knowingly violated the Section 448.09(1), Florida Statutes, but the Business Entity has otherwise complied with its obligations thereunder, then the Business Entity will be required to immediately terminate the contract with the subcontractor in order to continue providing services to the City of Tampa.

Anti-Human Trafficking

11. Affiant hereby understands and attests that the undersigned Business Entity does not use coercion of labor or services as those terms are defined in section 787.06(13), Florida Statutes.

Compliance with Foreign Countries of Concern

12. Affiant, on behalf of the Business Entity attest to the following:

a. Business Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.138, Florida Statutes.)

b. The government of a foreign country of concern does not have a controlling interest in the Business Entity. (Source: § 287.138(2)(b), Florida Statutes.)

c. Business Entity is not organized under the laws of, and does not have a principal place of business in a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes.)

The undersigned is authorized to execute this Affidavit on behalf of the Business Entity.

The undersigned further sayeth naught.

Date: ________________________ (Affiant) Signed:

Business Entity Name: _________________ Name: _______________________________ Title: _________________________________

STATE OF _____________________

COUNTY OF ___________________

SWORN to (or affirmed) and subscribed before me, by means of physical presence or online notarization, this ______ day of ________________, 20__, by _____________________, as ________________________, who is personally known to me or who has produced _________________ as identification.

[AFFIX NOTARY SEAL/STAMP] ____________________________

Signature of Notary

Name: ______________________ (Print or Type Name)

Notary Public: State of Florida My Commission Expires_______