2005-067
RESOLUTION NO. 2005-67
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 CSA SOUTHEAST, INC.
FOR BUILDING, ENGINEERING 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 CSA
Southeast, Inc. for Building, Engineering 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 Auerbach, who moved
its adoption. The motion was seconded by Commissioner Holzberg, and upon being
put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
Resolution No. 2005-.!l1.
Page 2
PASSED AND ADOPTED this 1st day of November, 2005.
APPROVED AS TO LEGAL SUFFICIENCY:
/vI~~
CITY ATTORNEY ,
CITY OF A VENTURA
AGREEMENT
FOR
BUILDING AND ENGINEERING INSPECTION AND PLAN
REVIEW PROFESSIONAL CONSULTANT SERVICES
THIS AGREEMENT made and entered into this 151 day of November, 2005 by and
between the CITY OF A VENTURA, hereinafter referred to as "City" and C.S.A. SOUTHEAST,
INC., 15050 NW 79th Court, Suite 201, Miami Lakes, Florida 33016, 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 building, and engineering inspection and plan
review for building, structural, plumbing, electrical, mechanical and engineering
requirements as contained in the Florida Building Code, including any Miami-
Dade County amendments thereof.
B. Services will be provided by personnel provided by the Consultant in accordance
with the job classifications contained in Exhibit "A". All such personnel shall be
and remain employees of Consultant, not City.
C. The Consultant shall also provide support services as reasonably requested by the
City Manager relating to organization and coordination of the various activities
with City staff.
D. Both parties understand that City will employ its own Chief Building Official as
defined by the Florida Building Code and F.S 458. Employees of the Consultant
shall coordinate their work through the Consultant Project Manager who will
report to the City's Chief Building Official for inspection and plan review
services and with the Community Services Director for engineering application
reviews.
2. FEES FOR SERVICES.
The Consultant agrees to charge the City the following fees for services:
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A. For services provided pursuant to paragraph I A, Consultant shall be compensated
with seventy percent (70%) of the first $100,000.00 of gross building and/or
public works permit fee amounts collected by the City and sixty five percent
(65%) of any additional permit fees collected by the City calculated on a calendar
month basis. However, the Consultant shall receive only thirty five percent (35%)
of the gross building and/or public works permit fee amounts for all projects
owned, paid for and to be operated by the City.
B. In addition to the fees described in paragraph 2A above, City shall compensate
Consultant at the rate of seventy dollars ($70.00) per hour for the hours worked
by engineering services provided by Consultant.
C. City shall pay Consultant within thirty (30) days of invoice by Consultant.
3. TERM OF AGREEMENT.
This Agreement shall become effective upon signature of both parties and shall continue
in full force and effect until midnight, November 1,2009. However, this Agreement may be
extended upon mutual agreement of both parties. This Agreement may be terminated by written
notice of termination provided pursuant to paragraph 9.
4. GENERAL TERMS AND CONDITIONS.
A. All original LD. cards, badges, sketches, tracings, drawings, computations,
details, design, calculations, work papers and other documents and plans that
result from the Consultant providing Consultant providing 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 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 their employees to perform the services required by this
Agreement.
C. City shall provide badges, photo LD., workspace and telephones for all inspectors
employed by Consultant to perform the services required by this Agreement.
D. Consultant shall pay for one hundred percent (100%) of the cost of the necessary
software and computers (the "Computer Equipment") to implement field
computer technology up to a maximum of $10,000.00 per year. Provided this
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Agreement is not terminated prior to November I, 2007, the Equipment shall
become the sole property of the City.
5. SERVICE STANDARDS.
Consultant agrees to provide the services as required by paragraph I A based on the
following standards for service:
A. Consultant shall seek to provide building inspections within twenty-four 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 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 counter hours and as a minimum between 8:30 and
10:00 am.
6. 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. Each insurance policy shall state
that it is not cancelable without written notice to the City 30 days prior to the effective date of
cancellation.
7. ASSIGNMENT.
This Agreement shall not be assignable by Consultant.
8. 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
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award or making of this Agreement unless approved by the City Manager of the City of
A ventura.
9. TERMINATION.
This Agreement may be terminated by the Consultant upon fourteen (14) days' written
notice with cause and upon 180 days written notice without cause.
This Agreement may be terminated by the City upon fourteen (14) days' written notice with
cause and upon 120 days written notice without cause.
If this Agreement is terminated, the Consultant shall be paid for all reasonably acceptable work
performed and pertinent expenses up to the date of termination. In the event of termination
without cause or upon City's notification of its intention not to renew this contract no later than
150 days prior to this Agreement's scheduled termination date, the fee sharing arrangement
described in paragraph 2A above shall be modified as follows:
City share Consultant share
Fifth month immediately preceding the termination date 40% 60%
Fourth month immediately preceding the termination date 50% 50%
Third month immediately preceding the termination date 60% 40%
Second month immediately preceding the termination date 70% 30%
First month immediately preceding the termination date 80% 20%
As of the beginning of the five month termination period described above, Consultant's scope of
work shall be reduced as follows. Consultant will not be required to provide inspection services
on any projects where Consultant did not previously perform the plan review.
10. NONEXCLUSIVE AGREEMENT.
The services to be provided by the Consultant pursuant to this Agreement shall be
nonexclusive 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.
11. 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.
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12. 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 Specified Services.
13. 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 incurred in connection with such litigation or arbitration.
14. NOTICES.
All notices and communications to the City shall be in writing and shall be deemed to
have been property 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:
CITY:
Eric M. Soroka
City Manager
City of Aventura
Government Center
19200 West Country Club Drive
A ventura, Florida 33180
CONSULTANT:
Carlos A. Penin, P.E., President
C.S.A. Southeast, Inc.
15050 NW 79th Court, Suite 201
Miami Lakes, FL 33016
15. GOVERNING LAW.
This Agreement shall be construed in accordance with the laws of the State of Florida.
Venue for any litigation hereunder shall be in Miami-Dade County, Florida.
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IN WITNESS WHEREOF, the parties hereto have accepted, made aod executed this
Agreement upon the terms aod conditions above stated on the day and year first above written.
C.S.A. Southeast, Inc.
CONSULTANT:
C.S.A. Southeast, Inc.
15050 NW 79th Court, Suite 201
Miami Lakes, FL 33016
CITY
City of A ventura
19200 West Country Club Drive
A ventura, Florida 33180
By:
Carlos A. Penin, President
By:
Eric M. Soroka, City Manager
Attest:
Attest:
Teresa M. Soroka, CMC
City Clerk
Approved:
City Attorney
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EXHIBIT "A"
Job Classifications: The following job classifications will be staffed with a minimum of six (6)
certified and two staff persons:
A. Contract Project Manager is a Consultant employee who will monitor and
coordinate the daily operation between the City and Consultant.
B. Structural Plan Reviewer is certified by the Miami-Dade County Board of Rules
and Appeals. This Professional Engineer performs structural review of building
permit plans as mandated by the revised Florida Building Code requirements.
C. Chief Building Inspector is certified by the Miami-Dade County Board of Rules
and Appeals. He performs all plans review and field inspection of structural,
building, A.D.A. and roofing components. As construction progresses, mandatory
inspections are performed per requirements of the Florida Building Code. He is
responsible for supervising the inspection activities of all trades and the threshold
buildings and special inspectors.
D. Threshold Buildings Inspector, Mechanical, Plumbing and Electrical
Officials are delegated power by the Building Official to enforce the Florida
Building Code to interpret the Code requirements of their respective trades and
supervise the construction activity and progress.
E. Building Clerk Assistant is reporting to the Customer Service II in charge of the
permit counter. He/she will help the coordination of received inspections,
distribution for the inspectors, plan reviews and filing system. He/she will
perform the record retention functions for the division and coordination with the
scanning contracted company.
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