HomeMy WebLinkAboutR-2016-148 Authorizes Supplemental Building Code Services by Utilizing Pricing Under a C.A.P. Government, Inc. Contract, Under Proposal No. 080712 with City Oakland Park Valid Through Sept. 24, 2017 RESOLUTION NO. 2016-148
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROVIDE
SUPPLEMENTAL BUILDING CODE SERVICES BY UTILIZING THE
PRICING UNDER A C.A.P. GOVERNMENT, INC. CONTRACT, UNDER
REQUEST FOR PROPOSAL NO. 080712 WITH THE CITY OF OAKLAND
PARK VALID THROUGH SEPTEMBER 24, 2017; EXCEEDING THE
ANNUAL VENDOR THRESHOLD OF TWENTY FIVE THOUSAND
DOLLARS ($25,000.00); PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of the established monetary threshold
without competitive bidding and without advertisement for bids if he is authorized to do so in
advance by a resolution adopted by the City Commission and if such purchases are made
pursuant to a competitive bid obtained within the last eighteen (18) months by other government
agencies, such as the federal government, state of Florida or a Florida municipality or county;
and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection(a), sets the monetary threshold or limitation at $25,000.00; and
WHEREAS, the City wishes to supplement its building inspection, plan review and
related services on an as needed basis which are necessary to accommodate anticipated land
development projects; and
WHEREAS, the City has determined that the accredited professional services required to
provide the supplemental plans examination inspection services are most appropriately obtained
as contractual services at this time; and
WHEREAS, the Director of Community Development has determined and recommended
to the City Commission that such services can be purchased at the least cost to the City from
C.A.P. Government, Inc. by utilizing the pricing under the City of Oakland Park Contract, under
Proposal No. 080712 dated September 9, 2015 attached as Exhibit "A", a copy of which
documents are made a part of and are incorporated into this Resolution by this reference;
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed as being
true and correct, and they are made a specific part of and incorporated into this Resolution by
this reference.
Section 2. That the City Manager is authorized to execute the attached agreement by
C.A.P Government Inc., a copy of which is made a part of and is incorporated into this Resolution
by this reference.
Section 3. That funding for the purchase of the above-described is available and
appropriated in the Building Fund Building Fund, Professional Services General Account,
Account No. 107-15-02-524-31-10.
Section 4. That the City Manager is authorized to provide supplemental services and
the City Commission authorizes the proper City officials to execute documents related to
providing such services.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED on October 25, 2016.
ATTEST: ,�t�°`s
LOUISE STILSON, CMC , O A. SALVINO, SR.
CITY CLERK MAYOR
APPROVED AST FO AND CORRECTNESS:
TH AS . ANS RO
CITY AT ORNEY
2 RESOLUTION#2016-148
41
City Of
OAKLAND PARK
F L O R I D A
CITY OF OAKLAND PARK
3650 NE 12th Avenue
Oakland Park, FL 33334
AGREEMENT for
This AGREEMENT, made this 3 day or 2012, by and between the City of Oakland
Park, acting herein through its City Manager, hereinafter called "OWNER" and C.A.P. Government,
Inc., doing business as,a service provider,located in Broward County in the State of Florida,hereinafter
called"CONTRACTOR".
WITNESSETH,that the parties hereto do mutually agree as follows:
ARTICLE I
That for,and in consideration of,the payments and agreements hereinafter mentioned,to be made
and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to
commence and complete the work described as follows:
The Contractor will provide personnel to perform building inspection,plan review and
related services on an as needed basis.
All terms, conditions, and provisions of the Request for Proposal 4 080712 are incorporated
herein by reference and made specific part hereof.
ARTICLE II
In accordance with the Proposal, the Contractor shall furnish at bis own expense all vehicles,
materials,tools and equipment needed to perform the services required.
Labor shall be reimbursed according to the attached fee schedule.
ARTICLE III
The term of this Agreement shall be from September 24, 2012 for a period of 3 (three)
consecutive years and terminating on September 24, 2015. If mutually agreed upon by the
CITY and CONTRACTOR,this contract may be renewed for an additional 2 (two)year period.
ARTICLE IV
If it is determined that it is in the best interest of either party of the Agreement to terminate this
Agreement prior to the expiration date,for cause,a thirty(30)calendar day written notice shall be
given by the party wishing to terminate this Agreement.
ARTICLE V
Contractor agrees to indemnify and save CITY its public officials, agents, servants and
employees harmless from and against any and all claims arising out of or in any way connected
with the willful misconduct or negligence of the contractor, or its employees and to carry at its
own expense policies of insurance described in Request for Proposal# 080712
to protect the CITY and its interests from such actions of the contractor or sub-contractors.
Contractor further agrees to reimburse CITY for any and all court costs and other expenses,
including reasonable attorney's fees incurred by CITY in defending any action, at both the trial
and appellate levels, including paralegal expenses associated therewith,brought against CITY for
injury or damage claimed to have been suffered as a result of or in any way connected with
contractor's willful misconduct or negligence or that of its employees.
ARTICLE VI
Nondiscrimination Equal Employment Opportunity and Americans With Disabilities Act :
Contractor shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement.
Contractor shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act(ADA) in the course of providing any services funded by this Agreement,
including Titles I and II of the ADA(regarding nondiscrimination on the basis of disability),and
all applicable regulations,guidelines, and standards. In addition,CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled persons. Such
actions shall include, but not be limited to,the following: employment,upgrading,demotion,
transfer,recruitment or recruitment advertising, layoff,termination,rates of pay,other forms of
compensation,terms and conditions of employment,training(including apprenticeship)and
accessibility.
Contractor's decisions regarding the delivery of services under this Agreement shall be made
without regard to or consideration of race, age,religion,color, gender,sexual orientation,
gender identity,gender expression,national origin,marital status,physical or mental disability,
political affiliation,or any other factor which cannot be lawfully used as a basis for service
delivery.
AGREEMENT: �
IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3)
counterparts,each of which shall be deemed an original, in the Year and Day first mentioned above.
ST: �
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(SEAL)
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ADDRESS:
C.A.P.Government.Inc.
3265 Meridian Parkway,Suite 100
Weston,Florida 33331
PHONE:305-458-6000
3
City 0
PROPOSED COST OAKLAND DARK
F L p 8 I D A
C.A.P. Government, Inc. (CAP) has the necessary staff resources to provide
plans review services and inspection services for the trades identified the RFP.
The fees quoted represent our firm,fixed,annual rates.
Hourly Rate:The hourly rate proposed shall include full compensation for labor,
equipment use,and any other cost to the proposer.No travel time will be�aid_
for travel to or from offices or homes.
Hourly Labor Rate I: Hourly rate for straight time, i.e., from 7:3o A.M.to 5:30
P.M.(or as required by the ordering department),Monday through Friday.
Hourly Labor Rate Il:Hourly rate for overtime,i.e.,before 7:3o A.M.or after 5:30
P.M.(or as required by the ordering department),or on weekends or holidays.
PRICE SCHEDULE
Discipline Hourly Rate Hourly Rate For Hourly Rate For
Services Provided Services Provided on
Before 7:30 am Holidays and
and after 5:30 pm Weekends
Chief Building Official $75.00 $112.50 $112.50
Chief Building Code Inspector
$65.00 $97.50 $97.50
Building Inspector
$65.00 $97.50 $97.50
Building Plans Examiner $65.00 $97.50 i $97.50
Electrical Inspector $65.00 $97.50 $97.50
Electrical Plans Examiner $65.00 $97.50 $97.50
Mechanical Inspector $65.00 $97.50 $97.50
Mechanical Plans Examiner $66.00 $97.50 $97.50
Plumbing Inspector $65.00 $97.50 $97.50
Plumbing Plans Examiner
$65.00 $97.50 $97.50
Roofing Inspector $65.00 $97.50 $97.50
Structural Plans Examiner $65.00 $97.50 $97.50
Zoning Plans Reviewer and $65.00 $97.50 $97.50
Inspector (Optional_
Permit Clerk(Optional) $35.00 $52.50 $52.50
government
building solutions For our communities
,1n
OAKLAND 11A]ZK
Nklzilmu'L"f"'
CITY OF OAKLAND PARK
3650 NE 12rh Avenue
Oakland Park, FL 33334
AGREEMENT for Building Inspection and Plan Review Services
This CONTRACT RENEWAL AGREEMENT, made this 9th day of Sept., , 2015, by and between
the City of Oakland Park, acting herein through its City Manager, hereinafter called "OWNER", and
C.A.P.Government Inc,doing business as a service provider, located in Broward County in the State of
Florida,hereinafter called"CONTRACTOR".
WITNESSETH,that the parties hereto do mutually agree as follows:
ARTICLE I
That for,and in consideration of,the payments and agreements hereinafter mentioned, to be made
and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to
commence and complete the work described as follows:
The Contractor will provide personnel to perform building inspection and plan review
services on an as needed basis.
All terms,conditions,and provisions of the Request for Proposal#080712 are incorporated herein
by reference and made specific part hereof.
ARTICLE 11
In accordance with the Proposal, the Contractor shall furnish at his own expense all labor,
vehicles,materials,tools and equipment needed to perform the services required.
ARTICLE III.
The term of this Renewal Agreement shall be from Sept. 25, 2015 for a period of 2 consecutive
years and terminating on Sept.24,2017.
ARTICLE IV
If it is determined that it is in the best interest of either party of the Agreement to terminate this
Agreement prior to the expiration date, for cause,a thirty(30)calendar day written notice shall be
given by the party wishing to terminate this Agreement.
ARTICLE. V
Contractor agrees to indemnify and save CITY, its public officials, agents, servants and
employees harmless from and against any and all claims arising out of or in any way connected
with the willful misconduct or negligence of the contractor, or its employees and to carry at its
own expense policies of insurance described in Request for Proposal #080712 to protect the
CITY and its interests from such actions of the contractor or sub-contractors. Contractor further
agrees to reimburse CITY for any and all court costs and other expenses, including reasonable
attorney's fees incurred by CITY in defending any action, at both the trial and appellate levels,
including paralegal expenses associated therewith, brought against CITY for injury or damage
claimed to have been suffered as a result of or in any way connected with contractor's willful
misconduct or negligence or that of its employees.
ARTICLE VI
Nondiscrimination Equal Employment Opportunity and Americans With Disabilities Act:
Contractor shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditur-e of funds in fulfilling its obligations under this Agreement.
Contractor shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act (ADA) in the course of providing any services funded by this Agreement,
including Titles I and If of the ADA(regarding nondiscrimination on the basis of disability),and
all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled persons. Such
actions shall include, but not be limited to, the following: employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, terms and conditions of employment, training (including apprenticeship) and
accessibility.
Contractor's decisions regarding the delivery of services under this Agreement shall be made
without regard to or consideration of race, age, religion, color, gender, sexual orientation,
gender identity, gender expression, national origin, marital status, physical or mental disability,
political affiliation, or any other factor which cannot be lawfully used as a basis for service
delivery.
Contractor shall not engage in or commit any discriminatory practice in violation of the Broward
County Human Rights Act (Broward County Code, Chapter 162) in performing any services
pursuant to this Agreement.
2
ARTICLE VI
Public Records
The City of Oakland Park is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall:
1. Keep and maintain public records that ordinarily and necessarily would be required by the City in
order to perform the service;
2. Provide the public with access to such public records on the same terms and conditions that the
City would provide the records and at a cost that does not exceed that provided in chapter 119,
Fla.Stat.,or as otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt from public record
requirements are not disclosed except as authorized by law;and
4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public
records in possession of the contractor upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt.All records stored electronically must
be provided to the City in a format that is compatible with the information technology systems of
the agency.
The failure of Contractor to comply with the provisions set forth in this Article shall constitute a
Default and Breach of this Agreement and the City shall enforce the Default in accordance with
the provisions set forth in ARTICLE IV.
3
AGREEMENT:
IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3)
Counterparts, each of which shall be deemed an original, in the Year and Day first mentioned
above.
ATTEST: (�
(SEAL)
WITNESS(as to CONT A OR) C)' RA- , -8 os .Penin,Piz
ADDRESS:
C A P,Government,InC.
3d3 Almeria Averitip
Cora!Gables_FL 33134
PHONE: 305.448.1711
4
1 RESOLUTION NO.R-2015-109
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF OAKLAND PARK, FLORIDA, APPROVING THE
5 RENEWAL OF CONTRACTS FOR CALVIN GIORDANO &
6 ASSOCIATES AND C.A.P. GOVERNMENT TO CONTINUE
7 PROVIDING, BUILDING PLANS REVIEW AND INSPECTION
8 SERVICES TO THE CITY OF OAKLAND PARK FOR AN
9 ADDITIONAL TWO (2) YEARS; PROVIDING FOR
10 CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
11 FOR AN EFFECTIVE DATE.
12
13 WHEREAS, the City Commission deems it to be in the best interests of the
14 City to approve the Renewal of Contracts for Calvin Giordano & Associates and
15 C.A.P. Government to continue providing, Building Plans Review and Inspection
16 Services to the City of Oakland Park,for an additional two(2) years.
17
18 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION
19 OF THE CITY OF OAKLAND PARK,FLORIDA THAT:
20
21 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and
22 hereby ratified and confirmed by the City Conunission. All exhibits attached hereto
23 are hereby incorporated herein.
24
25 SECTION 2. In accepting the recommendation of City staff, the City
26 Commission of the City of Oakland Park, Florida, hereby approves and authorizes the
27 proper City officials to execute the renewal of contracts for Calvin Giordano &
28 Associates and C.A.P. Government Building Plans Review and Inspection Services to
29 the City of Oakland Park,for an additional two(2)years.
30
31 SECTION 3. All Resolutions or parts of Resolutions in conflict herewith, be
32 and the same are repealed to the extent of such conflict.
33
34 SECTION 4. If any clause, section or other part of this Resolution shall be
35 held by any court of competent jurisdiction to be unconstitutional or invalid, such
36 unconstitutional or invalid part shall be considered eliminated and will in no way affect
37 the validity of the other provisions of this Resolution.
38
1 SECTION 5. This Resolution shall become effective immediately upon its
2 passage and adoption.
3
4
5 ADOPTED by the City Commission of the City of Oakland Park, Florida this
6 9`''day of September,2015.
7
8
9
10 CITY OF OAKLAND PARK,FLORIDA
11
12
13
14 MAYOf JED SHANK
15
16
17
18
19 T.LONERGAN YES
20 S.MCCARTNEY YES
21 J.ADORNATO YES
22 S.GUEVREKIAN YES
23 J. SHANK YES
24
25
26
27
28 ATTEST:
29
30 r/
32
33 RERN M. SHROUT,CMC,CITY CLERK