2013-03 RESOLUTION NO. 2013-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF
AVENTURA AND C.A.P. GOVERNMENT, INC. FOR BUILDING INSPECTION
AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain Agreement attached hereto between the City of Aventura and C.A.P.
Government, Inc. for building inspection and plan review professional consultant
services.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put to
a vote, the vote was as follows:
Commissioner Enbar Cohen yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern ves
Commissioner Howard Weinberg yes
Commissioner Luz Urbaez Weinberg yes
Mayor Susan Gottlieb yes
Resolution No. 2013-03
Page 2
PASSED AND ADOPTED this 8th day of January, 2013.
SAN GOTTLIEB, MAYOR
ATT r ST: /
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T SA M. S%'O ' , MMC
C CLERK
APP OOZED AS S T LEG SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
AGREEMENT FOR BUILDING INSPECTION
AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES
THIS AGREEMENT is made and entered into this 8th day of January, 2013, by and
between the City of Aventura, hereinafter referred to as "City" and C. A. P. Government,
Inc., a Florida Corporation, 8350 N. W. 52nd Terrace, Suite 209, Doral, Florida 33166,
hereinafter referred to as "Consultant".
IN CONSIDERATION of the mutual covenants set forth in this Agreement, the parties
agree as follows:
1. SCOPE OF SERVICES
A. The Consultant agrees to provide plans review of building, structural, electrical,
mechanical and plumbing and inspections of building, accessibility, roofing,
electrical, mechanical, gas and plumbing requirements as contained in the
Florida Building Code, including any Miami Dade County High-Velocity Zone and
City amendments thereto.
B. Services shall be provided by Consultant personnel in accordance with the job
classifications contained in Exhibit "A". All such personnel shall be and remain
employees of the Consultant and not the City.
C. The Consultant shall also provide additional support services as may be
reasonably requested by the City Manager relating to organization and
coordination of the various activities with City staff .
Both parties understand that City will employ its own Building Official as defined
by the Florida Building Code and F. S. 553. Employees of the Consultant shall
coordinate their work through the City's Chief Building Official.
2. FEES FOR SERVICES
A. The Consultant agrees to charge the City and the City agrees to pay the
Consultant the following fees for the Consultant's services:
i. For services provided pursuant to Paragraph 1A, Consultant shall be
compensated at a rate equal to Seventy Percent (70%) and the City shall
receive Thirty Percent (30%) of the gross building permit fee amounts
collected by the City.
ii. If the gross permit fees exceed Fifty Thousand dollars ($50,000) in any
one or more month(s), Consultant's portion for that month, or any like
month shall be reduced to Sixty Five Percent (65%) and calculated on a
calendar month basis and the City shall receive Thirty Five Percent (35%).
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However, notwithstanding the above, the Consultant shall receive only
Thirty Five Percent (35%) of the gross building permit fees for all projects
owned, paid for and to be operated by the City.
B. For services provided pursuant to Paragraph 1C, additional support
services, City shall compensate Consultant at the rates shown in "Exhibit
B" for the hours worked by the Consultant and approved by the City.
C. City shall pay Consultant within thirty (30) days of invoice by Consultant
consistent with Florida's Prompt Payment Act.
3. TERM OF AGREEMENT
This Agreement shall become effective upon signature of both parties and
shall continue in full force and effect for a period of three (3) years. The City
reserves the right to extend the Contract for One (1) additional three (3) year
term providing: (a) both parties to the Contract agree to the extension; (b) all
the terms, conditions, and specifications remain the same, subject to
satisfactory performance by the Consultant as determined by the City
Manager.
4. GENERAL TERMS AND CONDITIONS
A. All original I.D. cards, badges, sketches, tracings, drawings, computations,
details, design, calculations, work papers and other documents and plans that
result from the Consultant providing Consultant specified services shall be the
property of the City. Upon termination of this Agreement or upon request of
the City during the terms of this Agreement, any and all such document shall
be delivered to the City by the Consultant.
B. Consultant shall provide all necessary vehicles, mobile phones and/or radios
and equipment for Consultant's employees to perform the services required
by this Agreement.
C. City shall provide badges, photo I.D., workspace and telephones for all
inspectors employed by Consultant to perform the services required by this
Agreement.
5. AUTOMATION, SUPPORT AND SOFTWARE
Consultant agrees to work with City in order to implement a program that
will permit Consultant's personnel to enter data into an internet-based
software application that processes, tracks and monitors permit, plan
review, and inspection activity; contains plan review comments and
approvals; schedules pending and daily inspections and records the date
of the issuance of the Certificate of Occupancy/Completion. Consultant
shall provide the City with unrestricted access to information in the elected
software application. Consultant shall contribute up to $12,000 per year
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toward the purchase of the necessary software and equipment to
implement this program. Both parties agree that the Consultant may utilize
the software application with other municipal entities that may be clients of
the Consultants.
6. SERVICE STANDARDS
Consultant agrees to provide the services as required by Paragraph 1 A based
on the following standards for service:
A. Consultant shall seek to provide building inspection services within twenty
four (24) hours after the City's Community Development Department
receives a request for inspection during normal business days.
B. Plan reviews shall be completed within Ten (10) working days after the
Community Development Department receives a request for plan review.
C. Consultant shall seek to maintain their personnel available for customer
service assistance during normal hours and as a minimum between 8:30
A.M. and 10:00 A.M.
7. INSURANCE
The Consultant shall at all times carry professional liability insurance,
worker's compensation insurance, public liability and property damage
insurance, and automotive public liability and property damage insurance
within minimum policy limits in the amount of One Million and No/100
($1,000,000.00) per occurrence, except that the dollar amount of Worker's
Compensation coverage shall be as provided by Chapter 440, Fla Stat.
The City shall be named as an additional insured on all of the above
insurance policies. Each insurance policy shall state that it is not
cancelable without written notice to the City thirty (30) days prior to the
effective date of cancellation.
8. ASSIGNMENT
This Agreement shall not be assignable by Consultant.
9. PROHIBITION AGAINST CONTINGENT FEES
The Consultant warrants that is has not employed or retained any
company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this Agreement, and that it has not paid
or agreed to pay any person(s), company, corporation, individual or firm,
other than a bona fide employee working solely for the Consultant any fee,
commission, percentage, gift, or any other consideration, contingent upon
or resulting from the award or making this Agreement.
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10.TERMINATION
This Agreement may be terminated by the City upon Ten (10) days notice
with or without cause and by the Consultant upon Ninety (90) day's written
notice with or without cause. Any scope of work performed by Consultant
through the date of Notice of Termination shall be paid by the City to the
Consultant; however, it shall be within the City's sole discretion to permit
the Consultant to complete plans examination and/or inspection on any
one or more projects that the City may advise and City shall pay the
Consultant its professional fees according to the terms of this Agreement.
11.NON EXCLUSIVE AGREEMENT
The services to be provided by the Consultant pursuant to this Agreement
shall be non exclusive and nothing herein shall preclude the City from
engaging other firms to perform the same or similar services for the
benefit of the City within the City's sole and absolute discretion. The cost
of those services will be deducted from the monthly amount due to the
Consultant.
12.ENTIRE AGREEMENT
The parties agree that this is the entire agreement between the parties.
This Agreement can not be amended or modified without the express
written consent of the parties.
13.WARRANTIES OF CONSULTANT
The Consultant hereby warrants and represents that at all times during the
term of this Agreement it shall maintain in good standing all required
licenses, certifications and permits required under federal, state and local
laws necessary to perform the services under this Agreement. A copy of
all such required licenses, certifications and permits shall be provided to
the City.
14.ATTORNEY'S FEES
In the event any party hereto institutes litigation or arbitration to enforce its
rights or remedies hereunder, the party prevailing in such litigation or
arbitration shall be entitled to an award for costs incurred in connection
with such litigation or arbitration.
15.NOTICES
All notices and communications to the parties shall be in writing and shall
be deemed to have been properly given if transmitted by registered or
certified mail, postage pre-paid, or hand delivery. All notices and
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communications shall be effective upon receipt. Notices shall be
addressed as follows:
As to the City: As to the Consultant:
Mr. Eric M. Soroka Mr. Carlos A. Penin
City Manager President
City of Aventura C.A.P. Government, Inc.
City of Aventura Government Center 8350 N. W. 52nd Terrace
19200 West Country Club Drive Suite 209
Aventura, Florida 33180 Doral, Florida 33166
16.GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the
State of Florida.
17.VENUE;WAIVER OF JURY TRIAL
A.Venue for any arbitration or litigation hereunder shall be in Miami-Dade
County, Florida.
B. In the event of any litigation between the parties which in any way
arises from or concerns this Agreement or the services provided
hereunder, the parties hereby voluntarily waive any right to trial by jury.
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IN WITNESS WHEREOF, the parties have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year above
written.
CONSULTANT: CITY
C.A.P. Government, Inc. City of Aventura
8350 N.W. 52nd Terrace 19200 West Country Club Drive
Doral, FL 33166 Aventura, Florida 33180
By: By:
Carlos A. Penin, President Eric M. Soroka, City Manager
Attest: Attest:
Teresa M. Soroka, MMC
City Clerk
Approved:
City Attorney
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Exhibit "A"
JOB CLASSIFICATIONS
A. Contract Project Manager: A consultant employee who will monitor and coordinate
the daily operations between the City and the Consultant.
B. Structural Plan Reviewer: A consultant employee who is certified by the Miami
Dade County Board of Rules and Appeals, who is a Florida registered Professional
Engineer and who performs structural review of building permit plans as mandated by
the Florida Building Code.
C. Chief Building Inspector: A consultant employee who is certified by the Miami Dade
County Board of Rules and Appeals and who performs all plans review and field
inspection of structural, building, A.D.A. and roofing components, per requirements of
the Florida Building Code. Is responsible for supervising inspection activities of all
trades, the Threshold Building and special inspectors.
D. Threshold Buildings Inspector, Mechanical, Plumbing and Electrical Officials:
Consultant employees who are delegated power by the Building Official to enforce the
Florida Building Code to interpret the Code requirements of their respective trades and
to supervise the construction activity and progress.
E. P/T Building Clerk Assistant: A Consultant employee reporting to the City who is
assigned to be in charge of the permit counter. This employee assists with the
coordination of received inspections, distribution for the inspectors, plan reviews and
filing systems, also performs record retention functions for the division and
coordination with the scanning contracted company.
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Exhibit "B"
Building Department Services
Hourly Fee Schedule
Position Hourly Rate
Building Official $185.00
Professional Structural Engineering / Plans Examiner $125.00
Professional Civil, Electrical, Mechanical Engineer $100.00
Project Manager $100.00
Engineer/Designer/Plans Examiner(Other than Structural) $ 85.00
CADD Technician $ 65.00
Field Inspector $ 75.00
Zoning Inspector $ 55.00
Administrative Assistant $ 45,00
Clerical $ 30.00
Vehicle Travel (with proper documentation) $0.55/ Mile
Out of Pocket (pass-thru) Cost + 10%
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