Resolution No. 2018-94 Agreement with CAP Government, Inc. for Building Inspection and Plan Review Professional Consultant Services - November 13, 2018 RESOLUTION NO. 2018-94
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 FOR 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 Shelley, who moved its
adoption. The motion was seconded by Commissioner Mezrahi, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED on this 13th day of November, 2018.
City of Aventura Resolution No. 2018-94
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MAYOR ENID WEISMAN
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ATTEST:
ELLISA L. HORVATH 40C, CITY CLERK
Approved as to Form and Legal Sufficiency:
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CITY ATTORNEY
Page 2 of 2
CITY OF AVENTURA
AGREEMENT FOR BUILDING INSPECTION AND PLAN REVIEW
PROFESSIONAL CONSULTANT SERVICES
THIS AGREEMENT made and entered into this ( day of November, 2018 by and
between the CITY OF AVENTURA, hereinafter referred to as "City" and C.A.P.
GOVERNMENT INC., 343 Almeria Avenue, Coral Gables, Florida, 33134, a
corporation, 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 will be provided by Consultant personnel in accordance with the
job classifications contained in Exhibit "A". All such personnel shall be
and remain employees of Consultant, not the City.
C. The Consultant shall also provide additional support services as
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 Building Official.
2. FEES FOR SERVICES
A. The Consultant agrees to charge the City and the City agrees to pay 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.
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ii. If the gross permit fees exceed Fifty Thousand Dollars ($50,000.00) 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%).
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 and (b) all the terms, conditions and
specifications remain the same, subject to satisfactory performance by Consultant as
determined by the City Manager.
4. GENERAL TERMS AND CONDITIONS
A. All original I.D. cards, badges, sketches, tracings, computations, details,
design, calculations, work papers and other documents and plans that
may 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 term of this Agreement, any and all
such documents shall be delivered to the City by the Consultant.
B. Consultant shall provide all necessary vehicles, mobile phones and/or
radios and equipment for their 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 the 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 issuance of the Certificate of Occupancy/Completion. City shall
provide the Consultant with access to information in the elected software application.
Consultant shall contribute up to $12,000 per year toward the purchase of the
necessary software and equipment to implement this program.
6. SERVICE STANDARDS
Consultant agrees to provide the services as required by paragraph 1A based on
the following standards for service:
A. Consultant shall seek to provide building inspections 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. each business day.
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 Dollars ($1,000,000) per occurrence, except that the dollar
amount of workers' 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 except for worker's compensation insurance. 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.
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9. PROHIBITION AGAINST CONTIGENT FEES
The Consultant warrants that it 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 of this Agreement.
10. TERMINATION
This Agreement may be terminated by the City upon ten (10) days' written notice
with or without cause and by the Consultant upon ninety (90) days' written notice with or
without cause. Any scope of work performed by Consultant through the ate 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 the City shall pay
the Consultant its professional fees according to the terms of this Agreement.
11. NONEXCLUSIVE 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 hereby agree that this is the entire agreement between the parties.
This Agreement cannot 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. ATTORNEYS' 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 and reasonable attorney fees incurred in connection with
such litigation or arbitration.
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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 communications shall be effective
upon receipt. Notices shall be addressed as follows:
TO THE CITY: City Manager
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
TO THE CONSULTANT: Carlos A. Penin, P.E.
President
C.A.P. Government Inc.
343 Almeria Avenue
Coral Gables, Florida 33134
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. The 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 arise from
or concerns this Agreement or the services provided hereunder, the parties hereby
voluntarily waive any right to trial by jury.
18. PUBLIC RECORDS
The Consultant shall execute the City's Public Records Addendum.
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IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this Agreement upon the terms and conditions above stated on the day and year first
above written.
CONSULTANT: CITY
C.A.P. Government Inc. City of Aventura
343 Alameida Avenue 19200 West Country Club Drive
Coral :Wei F c4 Aventura, Florida 33180
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By:
t.4.'.. _ By: _
Carlos A. Pe" resident City Man-10
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'v = , Ellisa L. Horvath, M
0 5 E • 11\1\124304 City Clerk
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City Att.rney
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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
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
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 and 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 Assistants: A minimum of one (1) consultant
employee reporting to the City employee who is assigned to be in charge
of the building permit customer service counter. This minimum number
may be increased at any time during the term of this agreement at the
request of the City, depending on workload at the permit counter and upon
agreement by the parties. These employees will assist with the receipt and
review of permit applications at the permit counter, coordination of
received inspections, distribution for the inspectors, plan reviews and filing
systems, record retention functions for the division and coordination with
the contracted scanning company.
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EXHIBIT "B"
BUILDING DEPARTMENT SERVICES
HOURLY FEE SCHEDULE
POSITION HOURLY RATE
$185.00
Building Official
$125.00
Professional Structural Engineering/Plans Examiner
$100.00
Professional Civil, Electrical, Mechanical Engineer
$100.00
Project Manager
$85.00
Engineer/Designer/Plans Examiner (Other than Structural)
$65.00
CADD Technician
$75.00
Field Inspector
$55.00
Zoning Inspector
$45.00
Administrative Assistant
$30.00
Clerical
$0.55/mile
Vehicle Travel (with proper documentation)
Cost+ 10%
Out of Pocket(pass-through)
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PUBLIC RECORDS ADDENDUM
TO CONTRACT FOR SERVICES
(COA—CAP.GOVERNMENT,INC. )
THIS ADDENDUM to the contract for the provision of professional services(the "Contract ") is
made and entered into effective as of the 15 day of November, 2018, by and between, the City of
Aventura , Florida, a Florida municipality,whose business address is 19200 West Country Club Drive ,
Aventura, Florida 33180(the "City ")and C.A.P.GOVERNMENT,INC. (the "Contractor").
WITNESSETH
WHEREAS the City and Contractor previously entered into a Contract for professional services
to be provided to the City by the Contractor as described in the contract; and
WHEREAS, City procurement procedures require that agreements with City contractors require
the Contractor to comply with the Public Records Act; and
WHEREAS, upon City's request, the Contractor desires to assure the City of Contractor's
compliance with the Public Records Act.
NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED AND
OTHER GOOD AND VALUABLE CONSIDERATION,THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
IT IS HEREBY AGREED BY CITY AND CONTRACTOR,AS FOLLOWS:
(1) Recitals. The above stated recitals are hereby adopted and confirmed.
(2) Public Records Act Compliance.
a. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR's possession or control
in connection with CONTRACTOR's performance under this Agreement. CONTRACTOR
additionally agrees to comply specifically with the provisions of Section 119.0701, Florida
Statutes. CONTRACTOR 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, and following completion of the Agreement until the
records are transferred to the CITY.
b. Upon request from the CITY custodian of public records,CONTRACTOR shall provide the CITY with
a copy 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 Chapter 119, Florida Statutes, or as
otherwise provided by law.
c. Upon completion of this Agreement or in the event of termination by either party, any and all
public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered
by the CONTRACTOR to the CITY MANAGER,at no cost to the CITY,within seven(7)days. All such
records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is
compatible with the CITY'S information technology systems. Once the public records have been
delivered upon completion or termination of this Agreement,the CONTRACTOR shall destroy any
and all duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements.
d. Any compensation due to CONTRACTOR shall be withheld until all records are received as
provided herein.
e. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the
immediate termination of this Agreement by the CITY.
Section 119.0701(2)(a), Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS.
Custodian of Public Records: ELUSA L. HORVATH, MMC,CITY CLERK
Mailing address: 19200 WEST COUNTRY CLUB DRIVE, AVENTURA, FL 33180
Telephone number: 305-466-8917
Email: HORVATHE@CITYOFAVENTURA.COM
(3) Conflict. In the event that a conflict arises between the provisions of the Contract and this
Addendum,the provisions of the Addendum shall control.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Addendum to Contract
upon the terms and conditions above stated on the day and year first above written.
CONTR' ' SR CITY OF AVENTURA, FLORIDA:
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By: - -‘ -.. ,I ,
Carlos A. P n,��•resident By:
Ron Wass:sh
City Mana•-
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D S£ E . XANSZA.Nie^Ai'.� . ATTEST:
..,.-.F .y'- 4' City Clerk
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<<ry o6 �xcc Approved as to Form and Legal Sufficiency for
the Reliance of City Only:
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