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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: � c voUt. a ry Mumpr 2 (SEAL) � ,, Clar�os � �e�n tYl , �"rCs��2�1►� R f WUNE as ) CONTR"RQ 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