Exh 8D :..AGENDA ITEM. #8D
SEPTEMBER 22;2003
CITY OF ATLANTIC BEACH `
CITY COMMISSION MEETING.
STAFF REPORT
AGENDA ITEM: Contract inspections and Plan Reviews
SUBMITTED BY: Don Ford -
DATE: 09/15iQ3
;BACKGROUND: Karl Grunewald had a contract. with the. City of Atlantic Beach
to perform building inspections. He has moved from he area.
and is no longer available..Tohn Davie, alocal-architect and
general contractor has submitted- aproposed- contract to
perform building. inspections and plan reviews for .City of
Atlantic Beach. ;These inspections. and plan reviews are to be
used as back ups when the building. inspector or building
official are not. available.
The contract will save the city some ironies for plan .reviews as
we will have a much lower rate. The .previous rate from local -
architects for this service .was '/ of the permit fee. This
number was very high. Several plan reviews have cost the city
as much as $2100.00 for an 8 hour review. Mr. Davies contract
for an 8 hour review would be $240.00.'Mr. Davie understands
he cannot perform as an architect or contractor an projects. in
Atlantic Beach. .
BUDGET: 001-1008-524-3400 - FY 2003-2004
ATTACHMENTS: Copy of Contract
- RECOMMENDATION: Approve contract authorize'City Manager to
sign....
REVIEWED BY CITY
MANAGER:
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AGENDA ITEM #8.D
SEPTEMI3EIZ 22, 2003
INDEPENDENT COI'+1TRA:CTOR CONTRACT
WHEREAS, City of Atlantic Beach, Florida. ("City"}, on behalf of the Building Department,
intends to contract with John E. Davie,.. Independent Contractor.("IC"), for. the performance of
certain tasks;
WHEREAS; IC's principal place of business is located at the following address: 382 6~' Street,.
Atlantic Beach, FIorida;
WHEREAS, IC declares that IC is engaged in an independent business and has complied with all
federal;.. state and local Laws: regarding business permits and licenses of any kind that may be
...required to carry out the business and the tasks to be performed under this agreement. and IC
acknowledges.his. responsibility for payment of income and self-employment (social security)
tax as required by law;
THEREFORE; Ili CONSIDERATION OF THE. FOREGOING REPRESENTATIONS AND
THE FOLLOWING TERMS AND. CONDITIONS; THE PARTIES AGREE AS FOLLOWS::
1. SERVICES TO BE PERFORMED -The City engages IC to perform the following tasks or
services:. To perform building inspections and'related construction activities as directed by
the Building. Official.
2. TERMS OF PAYti1ENT -The City shall pay IC; upon receipt of completed .inspections and
a detailed itemized invoice, according to the following erms and conditions:
(a) Payment of $3.0.00 for each inspection with a minimum of three (3) :inspections per
visit, and ,
(b) Payment of $30.00 per hour for all other constnzction. activities as directed by the
. Building Official, with a minimum of three (3}'hours compensation.
3: INSTRUMENTATIONS - IC shall supply all equipment, tools, materials;Nand suppives to
accomplish the desiaQnated tasks except as follows: inspection forms and other related
.required posters.
4. REIMBURSEMENT OF EXPENSES -The City will,not be. liable to IC for any expenses
paid or incurred by IC.unless otherwise agreed in writing. The IC will not be entitled to
reimbursement for travel expenses..
5. CONTROL - IC will take direction fromthe Building- Official and. will be responsible for
keeping the. City. informed of activities:
6. PAYROLL OR EMPLOYMENT TAXES - Na payroll or employment axes of any kind
shall be withheld orpaid with respect to payments to IC. The payroll or employment taxes
that are subject to this paragraph include but are not limited to FICA (social ecurity tax),
FUTA' (federal unemployment tax), federal income tax and taxes.
7. FRINGE .BENEFITS -Because IC is engaged in IC's awn independently established-
business, TC is not eligible for, and shall not participate in, any employee pension,. health,
disability or other fringebenefit planof the Cityof Atlantic Beach.
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AGENDA ITEM #8D
SEPTEMBER 22, 2003
8. INSURANCE - ICis not covered by any City insurance and shall procure and maintain the
_ required basic coverage of insurance, which includes workers' compensation, and
professional liability insurance as f~Ilows:
{a) Professional: Liability /Malpractice /Errors or Omissions In urance. IC shall procuxe, ,
maintain, and provide proof of a minimum of $300,000 of insurance.
{b) Workers' Compensation. IC shall comply with all obligations imposed by state law
with respect to workers' compensation.
(c) Automobile: IC shall maintain coverage as required by ,the State of Florida.
(d} ;Certificates of Insurance. IC shall provide the City with Certificates of Insurance on
above coverages.
9: INDEMNIFICATION - IC agrees to indemnify and hold harmless the City of Atlantic.
. Beach and its employees or agents from any and all liability, suits, claims; damages, costs
and expenses of every kind, and nature which may or might be .asserted- against. the .City of ``
Atlantic Beach and its employees or agents by another: or others resulting- directly or
indirectly from the acts. or omissions, claims, demands,: costs or judgments against the.., City
. arising from the performance of the IC.
10 TERNLLNATION -This agreement shall be in effect from the 1 ~` day of October -2003 and
continue until October 3~, 2Q04, unless extended by mutual'agreement of the parties, or
agreement is terminated sooner. Either party may terminate this. contract hereto by giving ,
-thirty (30) days written notice to the other party.
11. NO AUTHORITY TO BIND CLIENT - IC has no authority to enter into contracts or
agreements on behalf of the City of Atlantic Beach or any of its agencies,
12. AMENDMENTS -This agreement maybe supplemented, amended or revised only in
waiting by .agreement of the parties.
'13. GOVERNING LARK-~ This agreement shall be governed by and. construed pursuant to the
laws of the State of Florida
.: 14. ENTIRE AGREEMENT -This is the entire agreement of the parties and: no other
representations, promises or agreements, oral or otherwise,. shall be of any force or effect.
Dated this .~ ~ day of ~ yG y s `T' , 2003. :
Witnesses:
,.._ ~ gy:
:•. John avze
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