HomeMy WebLinkAboutR-2017-091 Authorizes Supplemental Building Inspection & Plan Examination Services from C.A.P. Government, Inc. under The City Of Ft. Lauderdale ITB No. 575-11849 Valid Through June 16 2019 RESOLUTION NO. 2017-091
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO OBTAIN
SUPPLEMENTAL BUILDING INSPECTION AND PLAN EXAMINATION
SERVICES FROM C.A.P. GOVERNMENT, INC. UNDER THE CITY OF FT.
LAUDERDALE, FLORIDA INVITATION TO BID (ITB NO. 575-11849)
VALID THROUGH JUNE 16, 2019 THAT WILL EXCEED AN ANNUAL
VENDOR TOTAL AMOUNT OF TWENTY FIVE THOUSAND DOLLARS
($25,000.00); AUTHORIZING SUCH PURCHASE MADE FROM THE
BUILDING FUND APPROVED ANNUAL BUDGET APPROPRIATIONS;
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 of Dania Beach wishes to supplement its inspection and plans
examination inspection services which are necessary to accommodate anticipated land
development projects; and
WHEREAS, the City of Dania Beach has determined that the accredited professional
services required to provide the supplemental inspection and plans examination services are most
appropriately obtained as contractual services at this time; and
WHEREAS, the City Manager has determined that such services can be purchased by the
City from C.A.P. Government, Inc. by utilizing the pricing under the City of Fort Lauderdale's
Invitation to Bid (ITB No. 575-11849) awarded May 16, 2017, a copy of which is made a part of
and is incorporated into this Resolution by this reference and incorporated as Exhibit"A"; and
WHEREAS, the Community Development Director is seeking approval to exceed the
Twenty Five Thousand Dollars ($25,000.00) vendor threshold for a single vendor for each year
the contract is in place provided funding is available and appropriated in the annual budget and
made in accordance with the City of Dania Beach Purchasing Policy;
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 proper City officials are authorized to execute the attached
agreement with C.A.P Government Inc., a copy of which Agreement is made a part of and is
incorporated into this Resolution by this reference as Exhibit`B".
Section 3. That funding for the these services shall be subject to and made within the
Building Fund approved level of annual budget appropriations from the Building Fund,
Professional Services General Account, Account No. 107-15-02-524-31-10.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED on August 22, 2017.
ATTEST: ;,O s FiAhrc'�s-
LOUISE STILSON, CMC , TAMARA J
CITY CLERK MAYOR
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-'"'ORATEO 19�`
APPROVED A O' O AND CORRECTNESS:
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THOMXS J. S O
CITY A' RNEY
2 RESOLUTION#2017-091
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AGREEMENT FOR
INSPECTION AND PLAN REVIEW SERVICES
THIS AGREEMENT, made this `� day of 2017, is by and between the
City of Fort Lauderdale, a Florida municipality, ("City"), whose address is 100 North Andrews
Avenue,Fort Lauderdale, Florida,33301,and C.A.P.Government,Inc.,a Florida corporation,
("Contractor") whose address is 100 S.E. 12`h Street, Fort Lauderdale,Florida 33316, Phone:
954--888-9882,Email: cap@capfla.com.
NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth
herein and other good and valuable consideration,the City and the Contractor covenant and agree
as follows:
WITNESSETH:
I. DOCUMENTS
The following documents (collectively "Contract Documents") are hereby incorporated into and
made part of this Agreement(Form P-0001):
(1) Request for Proposals No.575-11849,Inspection and Plan Review Services,
including any and all addenda,prepared by the City of Fort Lauderdale,("RFP"or"Exhibit A").
(2) The Contractor's response to the RFP,dated February 7,2017,(`Exhibit B").
All Contract Documents may also be collectively referred to as the"Documents." In the event of
any conflict between or among the Documents or any ambiguity or missing specifications or
instruction,the following priority is established:
A. First, specific direction from the City Manager(or designee)
B. Second, this Agreement (Form P-0001) dated * 2017, and any
attachments.
C. Third,Exhibit A
D. Fourth, Exhibit B
II. SCOPE
The Contractor shall perform the work under the general direction of the City as set forth in the
Contract Documents.
Unless otherwise specified herein, the Contractor shall perform all work identified in this
Agreement. The parties agree that the scope of services is a description of Contractor's
obligations and responsibilities, and is deemed to include preliminary considerations and
prerequisites,and all labor, materials, equipment, and tasks which are such an inseparable part of
the work described that exclusion would render performance by Contractor impractical, illogical,
or unconscionable.
Contractor acknowledges and agrees that the City's Contract Administrator has no authority to
make changes that would increase, decrease, or otherwise modify the Scope of Services to be
provided under this Agreement.
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By signing this Agreement, the Contractor represents that it thoroughly reviewed the documents
incorporated into this Agreement by reference and that it accepts the description of the work and
the conditions under which the Work is to be performed.
III. TERM OF AGREEMENT
The initial contract period shall commence on June 17, 2017 and shall end on June 16, 2019.
The City reserves the right to extend the contract for one additional two-year term,
providing all terms conditions and specifications remain the same, both parties agree to the
extension, and such extension is approved by the City. In the event the term of this Agreement
extends beyond the end of any fiscal year of City,to wit, September 30th,the continuation of this
Agreement beyond the end of such fiscal year shall be subject to both the appropriation and the
availability of funds.
IV. COMPENSATION
The Contractor agrees to provide the services and/or materials as specified in the Contract
Documents at the cost specified in Exhibit B. It is acknowledged and agreed by Contractor that
this amount is the maximum payable and constitutes a limitation upon City's obligation to
compensate Contractor for Contractor's services related to this Agreement. This maximum
amount, however, does not constitute a limitation of any sort upon Contractor's obligation to
perform all items of work required by or which can be reasonably inferred from the Scope of
Services. Except as otherwise provided in the solicitation, no amount shall be paid to Contractor
to reimburse Contractor's expenses.
V. METHOD OF BILLING AND PAYMENT
Contractor may submit invoices for compensation no more often than monthly, but only after the
services for which the invoices are submitted have been completed. An original invoice plus one
copy are due within fifteen(15) days of the end of the month except the final invoice which must
be received no later than sixty (60)days after this Agreement expires. Invoices shall designate the
nature of the services performed and/or the goods provided.
City shall pay Contractor within forty-five (45) days of receipt of Contractor's proper invoice, as
provided in the Florida Local Government Prompt Payment Act.
To be deemed proper, all invoices must comply with the requirements set forth in this Agreement
and must be submitted on the form and pursuant to instructions prescribed by the City's Contract
Administrator. Payment may be withheld for failure of Contractor to comply with a term,
condition,or requirement of this Agreement.
Notwithstanding any provision of this Agreement to the contrary,City may withhold,in whole or in
part, payment to the extent necessary to protect itself from loss on account of inadequate or
defective work that has not been remedied or resolved in a manner satisfactory to the City's
Contract Administrator or failure to comply with this Agreement. The amount withheld shall not
be subject to payment of interest by City.
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VI. GENERAL CONDITIONS
A. Indemnification
Contractor shall protect and defend at Contractor's expense, counsel being subject to the
City's approval, and indemnify and hold harmless the City and the City's officers,
employees, volunteers, and agents from and against any and all losses, penalties, fines,
damages, settlements,judgments, claims, costs,charges, expenses, or liabilities, including
any award of attorney fees and any award of costs, in connection with or arising directly
or indirectly out of any act or omission by the Contractor or by any officer, employee,
agent, invitee, subcontractor, or sublicensee of the Contractor. The provisions and
obligations of this section shall survive the expiration or earlier termination of this
Agreement. To the extent considered necessary by the City Manager, any sums due
Contractor under this Agreement may be retained by City until all of City's claims for
indemnification pursuant to this Agreement have been settled or otherwise resolved, and
any amount withheld shall not be subject to payment of interest by City.
B. Intellectual Property
Contractor shall protect and defend at Contractor's expense, counsel being subject to the
City's approval, and indemnify and hold harmless the City from and against any and all
losses, penalties, fines, damages, settlements,judgments, claims, costs, charges,royalties,
expenses, or liabilities, including any award of attorney fees and any award of costs, in
connection with or arising directly or indirectly out of any infringement or allegation of
infringement of any patent, copyright, or other intellectual property right in connection
with the Contractor's or the City's use of any copyrighted, patented or un-patented
invention, process, article, material, or device that is manufactured, provided, or used
pursuant to this Agreement. If the Contractor uses any design, device, or materials
covered by letters, patent or copyright, it is mutually agreed and understood without
exception that the bid prices shall include all royalties or costs arising from the use of such
design,device,or materials in any way involved in the work.
C.Termination for Cause
The aggrieved party may terminate this Agreement for cause if the party in breach has not
corrected the breach within ten (10) days after written notice from the aggrieved party
identifying the breach. The City Manager may also terminate this Agreement upon such
notice as the City Manager deems appropriate under the circumstances in the event the
City Manager determines that termination is necessary to protect the public health or
safety. The parties agree that if the City erroneously, improperly or unjustifiably terminates
for cause,such termination shall be deemed a termination for convenience, which shall be
effective thirty(30)days after such notice of termination for cause is provided.
This Agreement may be terminated for cause for reasons including, but not limited to,
Contractor's repeated (whether negligent or intentional) submission for payment of false
or incorrect bills or invoices, failure to perform the Work to the City's satisfaction; or
failure to continuously perform the work in a manner calculated to meet or accomplish the
objectives as set forth in this Agreement.
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D. Termination for Convenience
The City reserves the right, in its best interest as determined by the City, to cancel this
contract for convenience by giving written notice to the Contractor at least thirty(30)days
prior to the effective date of such cancellation. In the event this Agreement is terminated
for convenience, Contractor shall be paid for any services performed to the City's
satisfaction pursuant to the Agreement through the termination date specified in the
written notice of termination. Contractor acknowledges and agrees that he/she/it has
received good, valuable and sufficient consideration from City, the receipt and adequacy
of which are hereby acknowledged by Contractor, for City's right to terminate this
Agreement for convenience.
E. Cancellation for Unaparooriated Funds
The City reserves the right, in its best interest as determined by the City, to cancel this
contract for unappropriated funds or unavailability of funds by giving written notice to the
Contractor at least thirty (30) days prior to the effective date of such cancellation. The
obligation of the City for payment to a Contractor is limited to the availability of funds
appropriated in a current fiscal period, and continuation of the contract into a subsequent
fiscal period is subject to appropriation of funds, unless otherwise provided by law.
F. Insurance
The Contractor shall furnish proof of insurance requirements as indicated below. The
coverage is to remain in force at all times during the contract period. The following
minimum insurance coverage is required. The commercial general liability insurance
policy shall name the City of Fort Lauderdale, a Florida municipality, as an "additional
insured." This MUST be written in the description section of the insurance certificate,
even if there is a check-off box on the insurance certificate. Any costs for adding the City
as"additional insured"shall be at the Contractor's expense.
The City of Fort Lauderdale shall be given notice 10 days prior to cancellation or
modification of any required insurance. The insurance provided shall be endorsed or
amended to comply with this notice requirement. In the event that the insurer is unable to
accommodate, it shall be the responsibility of the Contractor to provide the proper notice.
Such notification will be in writing by registered mail, return receipt requested and
addressed to the Procurement Services Division.
The Contractor's insurance must be provided by an A.M. Best's "A-"rated or better
insurance company authorized to issue insurance policies in the State of Florida, subject to
approval by the City's Risk Manager. Any exclusions or provisions in the insurance
maintained by the contractor that excludes coverage for work contemplated in this
solicitation shall be deemed unacceptable,and shall be considered breach of contract.
Workers' Compensation and Employers' Liability Insurance
Limits:Workers' Compensation—Per Chapter 440, Florida Statutes
Employers' Liability-$500,000
Any firm performing work on behalf of the City of Fort Lauderdale must provide
Workers' Compensation insurance. Exceptions and exemptions will be allowed by the
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City's Risk Manager, if they are in accordance with Florida Statute. For additional
information contact the Department of Financial Services, Workers' Compensation
Division at(850)413-1601 or on the web at www.fldfs.com.
Commercial General Liability Insurance
Covering premises-operations, products-completed operations, independent contractors
and contractual liability.
Limits:Combined single limit bodily injury/property damage$1,000,000.
This coverage must include,but not limited to:
a. Coverage for the liability assumed by the contractor under the
indemnity provision of the contract.
b. Coverage for Premises/Operations
c. Products/Completed Operations
d. Broad Form Contractual Liability
e. Independent Contractors
Automobile Liability Insurance
Covering all owned,hired and non-owned automobile equipment.
Limits: Bodily injury $250,000 each person,
$500,000 each occurrence
Property damage $100,000 each occurrence
Professional Liability(Errors and Ommissions)
Consultants
Limits: $2,000,000 per occurrence
Certificate holder should be addressed as follows:
City of Fort Lauderdale
Procurement Services Division
100 North Andrews Avenue, Room 619
Fort Lauderdale, FL 33301
G. Environmental Health and Safety
Contractor shall place the highest priority on health and safety and shall maintain a safe
working environment during performance of the work. Contractor shall comply,and shall
secure compliance by its employees, agents, and subcontractors, with all applicable
environmental, health, safety and security laws and regulations, and performance
conditions in this Agreement. Compliance with such requirements shall represent the
minimum standard required of Contractor. Contractor shall be responsible for examining
all requirements and determine whether additional or more stringent environmental,
health, safety and security provisions are required for the work. Contractor agrees to
utilize protective devices as required by applicable laws, regulations, and any industry or
Contractor's health and safety plans and regulations, and to pay the costs and expenses
thereof,and warrants that all such persons shall be fit and qualified to carry out the Work.
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H. Standard of Care
Contractor represents that he/she/it is qualified to perform the work, that Contractor and
his/her/its subcontractors possess current, valid state and/or local licenses to perform the
Work, and that their services shall be performed in a manner consistent with that level of
care and skill ordinarily exercised by other qualified contractors under similar
circumstances.
I. Rights in Documents and Work
Any and all reports, photographs, surveys, and other data and documents provided or
created in connection with this Agreement are and shall remain the property of City; and
Contractor disclaims any copyright in such materials. In the event of and upon
termination of this Agreement, any reports, photographs, surveys, and other data and
documents prepared by Contractor, whether finished or unfinished, shall become the
property of City and shall be delivered by Contractor to the City's Contract Administrator
within seven(7)days of termination of this Agreement by either party. Any compensation
due to Contractor shall be withheld until Contractor delivers all documents to the City as
provided herein.
J. Audit Right and Retention of Records
City shall have the right to audit the books, records, and accounts of Contractor and
Contractor's subcontractors that are related to this Agreement. Contractor shall keep, and
Contractor shall cause Contractor's subcontractors to keep, such books, records, and
accounts as may be necessary in order to record complete and correct entries related to
this Agreement. All books, records, and accounts of Contractor and Contractor's
subcontractors shall be kept in written form,or in a form capable of conversion into written
form within a reasonable time, and upon request to do so, Contractor or Contractor's
subcontractor,as applicable,shall make same available at no cost to City in written form.
Contractor and Contractor's subcontractors shall preserve and make available, at
reasonable times for examination and audit by City in Broward County, Florida, all
financial records, supporting documents, statistical records, and any other documents
pertinent to this Agreement for the required retention period of the Florida public records
law, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable,
or, if the Florida Public Records Act is not applicable, for a minimum period of three(3)
years after termination of this Agreement. If any audit has been initiated and audit
findings have not been resolved at the end of the retention period or three (3) years,
whichever is longer, the books, records, and accounts shall be retained until resolution of
the audit findings. If the Florida public records law is determined by City to be applicable
to Contractor and Contractor's subcontractors' records, Contractor and Contractor's
subcontractors shall comply with all requirements thereof; however, Contractor and
Contractor's subcontractors shall violate no confidentiality or non-disclosure requirement
of either federal or state law. Any incomplete or incorrect entry in such books, records,
and accounts shall be a basis for City's disallowance and recovery of any payment upon
such entry.
Contractor shall, by written contract, require Contractor's subcontractors to agree to the
requirements and obligations of this Section.
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The Contractor shall maintain during the term of the contract all books of account, reports
and records in accordance with generally accepted accounting practices and standards for
records directly related to this contract.
K. Public Entity Crime Act
Contractor represents that the execution of this Agreement will not violate the Public
Entity Crime Act, Section 287.133, Florida Statutes, as may be amended from time to
time, which essentially provides that a person or affiliate who is a contractor, consultant,
or other provider and who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to City,may not submit a bid on a contract with City for the construction
or repair of a public building or public work,may not submit bids on leases of real property
to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with City, and may not transact any business with City in
excess of the threshold amount provided in Section 287.017, Florida Statutes, as may be
amended from time to time, for category two purchases for a period of 36 months from the
date of being placed on the convicted vendor list. Violation of this section shall result in
termination of this Agreement and recovery of all monies paid by City pursuant to this
Agreement,and may result in debarment from City's competitive procurement activities.
L. Independent Contractor
Contractor is an independent contractor under this Agreement. Services provided by
Contractor pursuant to this Agreement shall be subject to the supervision of the
Contractor. In providing such services,neither Contractor nor Contractor's agents shall act
as officers, employees, or agents of City. No partnership, joint venture, or other joint
relationship is created hereby. City does not extend to Contractor or Contractor's agents
any authority of any kind to bind City in any respect whatsoever.
M. Inspection and Non-Waiver
Contractor shall permit the representatives of CITY to inspect and observe the Work at all
times.
The failure of the City to insist upon strict performance of any other terms of this
Agreement or to exercise any rights conferred by this Agreement shall not be construed by
Contractor as a waiver of the City's right to assert or rely on any such terms or rights on
any future occasion or as a waiver of any other terms or rights.
N. Assignment and Performante
Neither this Agreement nor any right or interest herein shall be assigned, transferred, or
encumbered without the written consent of the other party. In addition, Contractor shall
not subcontract any portion of the work required by this Agreement, except as provided in
the Schedule of Subcontractor Participation. City may terminate this Agreement, effective
immediately, if there is any assignment, or attempted assignment, transfer, or
encumbrance, by Contractor of this Agreement or any right or interest herein without City's
i written consent.
I
i
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Contractor represents that each person who will render services pursuant to this
Agreement is duly qualified to perform such services by all appropriate governmental
authorities, where required, and that each such person is reasonably experienced and
skilled in the area(s)for which he or she will render his or her services.
Contractor shall perform Contractor's duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of Contractor's performance
and all interim and final product(s)provided to or on behalf of City shall be comparable to
the best local and national standards.
In the event Contractor engages any subcontractor in the performance of this Agreement,
Contractor shall ensure that all of Contractor's subcontractors perform in accordance with
the terms and conditions of this Agreement. Contractor shall be fully responsible for all of
Contractor's subcontractors' performance, and liable for any of Contractor's
subcontractors' non-performance and all of Contractor's subcontractors' acts and
omissions. Contractor shall defend at Contractor's expense, counsel being subject to
City's approval or disapproval, and indemnify and hold City and City's officers,
employees, and agents harmless from and against any claim, lawsuit, third party action,
fine,penalty, settlement,or judgment, including any award of attorney fees and any award
of costs, by or in favor of any of Contractor's subcontractors for payment for work
performed for City by any of such subcontractors, and from and against any claim,
lawsuit, third party action, fine, penalty, settlement, or judgment, including any award of
attorney fees and any award of costs, occasioned by or arising out of any act or omission
by any of Contractor's subcontractors or by any of Contractor's subcontractors' officers,
agents, or employees. Contractor's use of subcontractors in connection with this
Agreement shall be subject to City's prior written approval, which approval City may
revoke at any time.
O. Conflicts
Neither Contractor nor any of Contractor's employees shall have or hold any continuing
or frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment
and care related to Contractor's performance under this Agreement.
Contractor further agrees that none of Contractor's officers or employees shall, during the
term of this Agreement, serve as an expert witness against City in any legal or
administrative proceeding in which he, she, or Contractor is not a party, unless compelled
by court process. Further, Contractor agrees that such persons shall not give sworn
testimony or issue a report or writing, as an expression of his or her expert opinion, which
is adverse or prejudicial to the interests of City in connection with any such pending or
threatened legal or administrative proceeding unless compelled by court process. The
limitations of this section shall not preclude Contractor or any persons in any way from
representing themselves,including giving expert testimony in support thereof, in any action
or in any administrative or legal proceeding.
In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to
perform any services required by this Agreement, Contractor agrees to require such
subcontractors, by written contract, to comply with the provisions of this section to the
same extent as Contractor.
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P. Schedule and Delays
Time is of the essence in this Agreement. By signing, Contractor affirms that it believes
the schedule to be reasonable; provided, however, the parties acknowledge that the
schedule might be modified as the City directs.
Q. Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth herein was
bargained for at arm's-length and is agreed to by the parties in exchange for quid pro quo,
that each is substantial and important to the formation of this Agreement and that each is,
therefore,a material term hereof.
City's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shal I not be
construed to be a modification of the terms of this Agreement.
R. Compliance With Laws
Contractor shall comply with all applicable federal, state, and local laws, codes,
ordinances, rules, and regulations in performing Contractor's duties, responsibilities, and
obligations pursuant to this Agreement.
S. Severance
In the event a portion of this Agreement is found by a court of competent jurisdiction to be
invalid or unenforceable, the provisions not having been found by a court of competent
jurisdiction to be invalid or unenforceable shall continue to be effective.
T. Limitation of Liability
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's liability for any cause of action for money damages due to an alleged breach
by the City of this Agreement, so that its liability for any such breach never exceeds the
sum of$1,000. Contractor hereby expresses its willingness to enter into this Agreement
with Contractor's recovery from the City for any damage action for breach of contract or
for any action or claim arising from this Agreement to be limited to a maximum amount of
$1,000 less the amount of all funds actually paid by the City to Contractor pursuant to this
Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractor hereby agrees that the City shall not be liable to Contractor for damages in an
amount in excess of$1,000 which amount shall be reduced by the amount actually paid by
the City to Contractor pursuant to this Agreement, for any action for breach of contract or
for any action or claim arising out of this Agreement. Nothing contained in this paragraph
or elsewhere in this Agreement is in any way intended to be a waiver of the limitation
placed upon City's liability as set forth in Section 768.28, Florida Statutes.
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U. Jurisdiction,Venue,Waiver,Waiver of Jury Trial
This Agreement shall be interpreted and construed in accordance with and governed by
the laws of the State of Florida. Venue for any lawsuit by either party against the other
party or otherwise arising out of this Agreement,and for any other legal proceeding, shall
be in the Seventeenth Judicial Circuit in and for Broward County, Florida, or in the event
of federal jurisdiction,in the Southern District of Florida, Fort Lauderdale Division.
In the event Contractor is a corporation organized under the laws of any province of
Canada or is a Canadian federal corporation, the City may enforce in the United States of
America or in Canada or in both countries a judgment entered against the Contractor. The
Contractor waives any and all defenses to the City's enforcement in Canada of a judgment
entered by a court in the United States of America.
V. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Agreement and executed by the Mayor-Commissioner and/or City
Manager, as determined by City Charter and Ordinances, and Contractor or others
delegated authority to or otherwise authorized to execute same on their behalf.
W. Prior Agreements
This document represents the final and complete understanding of the parties and
incorporates or supersedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. The parties
agree that there is no commitment, agreement, or understanding concerning the subject
matter of this Agreement that is not contained in this written document. Accordingly, the
parties agree that no deviation from the terms hereof shall be predicated upon any prior
representation or agreement,whether oral or written.
X. Payable tnterest
Except as required and provided for by the Florida Local Government Prompt Payment
Act, City shall not be liable for interest for any reason, whether as prejudgment interest
or for any other purpose,and in furtherance thereof Contractor waives, rejects, disclaims
and surrenders any and all entitlement it has or may have to receive interest in connection
with a dispute or claim based on or related to this Agreement.
Y. Representation of Authority
Each individual executing this Agreement on behalf of a party hereto hereby represents
and warrants that he or she is, on the date he or she signs this Agreement, duly
authorized by all necessary and appropriate action to execute this Agreement on behalf of
such party and does so with full legal authority.
Z. Uncontrollable Circumstances("Force Maieure")
The City and Contractor will be excused from the performance of their respective
obligations under this agreement when and to the extent that their performance is delayed
or prevented by any circumstances beyond their control including, fire, flood, explosion,
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strikes or other labor disputes,act of God or public emergency,war,riot,civil commotion,
malicious damage, act or omission of any governmental authority, delay or failure or
shortage of any type of transportation, equipment, or service from a public utility needed
for their performance,provided that:
A. The non performing party gives the other party prompt written notice describing
the particulars of the Force Majeure including, but not limited to, the nature of the
occurrence and its expected duration, and continues to furnish timely reports with respect
thereto during the period of the Force Majeure;
B. The excuse of performance is of no greater scope and of no longer duration than
is required by the Force Majeure;
C. No obligations of either party that arose before the Force Majeure causing the
excuse of performance are excused as a result of the Force Majeure;and
D. The non-performing party uses its best efforts to remedy its inability to perform.
Notwithstanding the above, performance shall not be excused under this Section for a
period in excess of two (2) months, provided that in extenuating circumstances, the City
may excuse performance for a longer term. Economic hardship of the Contractor will not
constitute Force Majeure. The term of the agreement shall be extended by a period equal
to that during which either parry's performance is suspended under this Section.
AA. Scrutinized Companies
Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla.
2012),affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of
Transportation, 715 F.3d 1268 (11th Cir. 2013), with regard to the "Cuba
Amendment," the Contractor certifies that it is not on the Scrutinized Companies
with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott
Israel List created pursuant to Section 215.4725, Florida Statutes (2016), that it is
not engaged in a boycott of Israel, and that it does not have business operations in
Cuba or Syria, as provided in section 287.135, Florida Statutes (2016), as may be
amended or revised. The City may terminate this Agreement at the City's option if
the Contractor is found to have submitted a false certification as provided under
subsection (5) of section 287.135, Florida Statutes (2016), as may be amended or
revised, or been placed on the Scrutinized Companies with Activities in Sudan List
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List or the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725, Florida Statutes (2016), or is engaged in a boycott of Israel or
has been engaged in business operations in Cuba or Syria, as defined in Section
287.135, Florida Statutes(2016),as may be amended or revised.
BB. Public Records
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CAM 17-0504
EXHIBIT B
Page 11 of 13
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S
OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE,
FLORIDA, 33301, PHONE: 954-828-5002, EMAIL:
PRRCONTRACT@FORTLAUDERDALE.GO V.
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. Upon request from the City's custodian of public records, 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 in Chapter 119,
Florida Statutes (2016), as may be amended or revised, or as otherwise provided by
law.
3. 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 contract term and following completion of this contract if
the Contractor does not transfer the records to the City.
4. Upon completion of the Contract, transfer, at no cost, to the City all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of this Contract, the Contractor shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of this Contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the City, upon request from the City's custodian of public records, in a
format that is compatible with the information technology systems of the City.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
CAM 17-0504
EXHIBIT 8
Page 12 of 13
IN WITNESS WHEREOF,the City and the Contractor execute this Contract as follows;
ATTEST: CITY OF FORT LAUDERDALE
Jeffrey A. Mo r lli,.city Clerk Lee R.Feldman,City Manager
Approved as to form:
Cynthia A. Eve ett,City Attorney
AA "aw
Ass t t C o ey
fflel—,
C.A.P.G E A.
rA�4
1i Carlos A.Pepin,Presi ent
CoMPa.1 Ptt4c I- f4 ROM f-R
By:y - Gam'
Name&Title: M,ca fca, twcwt&w
(CORPORATE SEAL)
STATE OF _
COUNTY OF lrAmlt- DQG;e
The foregoing instrument was acknowledged before me this _`4%day of
y��
1� 1aV , 2017, by Carlos A. Penin as President for C.A.P. Government,
Inc.,a Florida corporation.
27 tt''t tt [ tact
(Signature of Notary Public)
(SE a;�; Notary Public,State of F 10 et d 0..
" $MONICA M DE CASTRO
MY COMMISSION#FF144489
:ft A._ 7
ww,aa EXPIRES July 23.2018
(407)398-0153 f Ioddallota v"Ice.com
(Print,Type,or Stamp Commissioned Name of
Notary Public)
Personally Known VO OR Produced Identification
Type of Identification Produced
CAM 17-0504
EXHIBIT 8
Page 13 of 13
City of Fort Lauderdale . Procurement Services Division
100 N. Andrews Avenue, 619•Fort Lauderdale, Florida 33301
954-828-5933 Fax 954-828-5576
www.for llauderdcd�.gov[t;urc..hasing
March 21, 2017
C.A.P. Government, Inc.
Attn: Carlos Penin
100 S.E. 121h Street
Fort Lauderdale, FL 33316
Phone: 954-888-9882
Email: cap@capfla.com
REF: RFP No. 575-11849, Inspection and Plan Review Services
Dear Proposer:
The City of Fort Lauderdale, Procurement Services Division, is continuing to evaluate the responses
received for RFP No. 575-11849, Inspection and Plan Review Services.
In accordance with Fort Lauderdale City Code Sec. 2-194 (g),
"Negotiation with responsible offerors and revisions to proposals. Negotiations may be conducted with at
least the three (3) best qualified responsible offerors who submit proposals who are determined to be
reasonably susceptible of being selected for award for the purpose of clarification to assure full
understanding of, and conformance to, the solicitation requirements, If less than three (3)reasonably
susceptible offers are received, then negotiations may be conducted with all best qualified offerors. Offerors
shall be accorded fair and equal treatment with respect to any opportunity for discussion, negotiation, and
revision of proposals and such revisions may be permitted through negotiations after submissions and prior
to award for the purpose of obtaining best and final offers".
The City is requesting that your firm submit a "Best and Final Offer"in accordance with the revised Cost
Proposal Pages which includes additional positions.
Attached you will find the form to be completed and returned to the City of Fort Lauderdale. Please respond
by end of business on Tuesday, March 28, 2017.
Sincerely,
AnnDebra Diaz, CPPB
Senior Procurement Specialist
Attachments
Page 1 of 5 I Approved by:Jennifer Alvarez,Manager of Procurement and Contracts
Uncontrolled In hard copy unless otherwise marked ;,
City of Fort Lauderdale- Procurement Services Division
f 100 N. Andrews Avenue,619•Fort Lauderdale, Florida 33301
954-828-5933 Fax 954-828-5576
www.foOlouderdale,gov/p
SECTION Vi - COST PROPOSAL PAGE— BEST AND FINAL
Proposer Name: CA-P. Government, Inc.
Cost to the City: Contractor must quote firm, fixed, regular and overtime hourly rates for all services
identified in this request for proposal. Nothing in this section shall be considered a guarantee of a
minimum level of work by the City. The hours listed are the current estimates of use anticipated in
each area, but the City makes no promise of a minimum number of hours of work for any successful
contractor or in any of the areas listed.
Failure to use the Ci ' s COST PROPOSAL Page and provide costs as re nested in this RFP
may deem your proposal non-responsive.
Hourly Rates: The hourly and overtime rates proposed for each service shall include full
compensation for labor, use of equipment provided by the contractor, and any other cost to the
proposer. The typical regular hours are 7:30 am—4:30 pm or 8:00 am—5:00 pm Monday through
Friday, excluding official City Holidays. No travel time will be paid for travel to and from offices or
homes.
Inspectors:
Structural Regular Hourly Rate.....$ 75.00 per hour
Overtime Hourly Rate...$ 97.50 per hour
Electrical Regular Hourly Rate.....$ 75.00 per hour
Overtime Hourly Rate.,.$ 97.50 per hour
Mechanical Regular Hourly Rate....,$ 75.00 per hour
Overtime Hourly Rate...$ 97.50 per hour
Plumbing Regular Hourly Rate.....$ 75.00 per hour
Overtime Hourly Rate...$ 97.50 per hour
Engineering Regular Hourly Rate.....$ 85.00 per hour
Overtime Hourly Rate...$110.50 per hour
Landscaping Regular Hourly Rate.....$ 75.00 per hour
Overtime Hourly Rate...$ 97.50 per hour
Plan Examiners:
Structural Regular Hourly Rate.....$ 85.00 per hour
Overtime Hourly Rate...$110.50 per hour
Page 2 Of 5 � Approved by:Jennifer Alvarez,Manager of Procurement and Contracts ;
Uncontrolled in hard copy unless otherwise marked �_
City of Fort Lauderdale•Procurement Services Division
100 N. Andrews Avenue, 619.Fort Lauderdale, Florida 33301
954-828-5933 Fax 954-828-5576
' www,for tlouderda le.gov_/purchasing
Electrical Regular Hourly Rate.....$ 85.00 per hour
Overtime Hourly Rate...$110.50 per hour
Mechanical Regular Hourly Rate.....$ 85.00 per hour
Overtime Hourly Rate...$110.50 per hour
Plumbing Regular Hourly Rate.....$ 85.00 per hour
Overtime Hourly Rate...$110.50 per hour
Engineering Regular Hourly Rate.....$ 85.00 per hour
Overtime Hourly Rate...$110,50 per hour
Landscaping Regular Hourly Rate.....$ 75.00 per hour
Overtime Hourly Rate...$ 97.50 per hour
Flood Plain Regular Hourly Rate.....$ 85.00 per hour
Overtime Hourly Rate...$110.50 per hour
Chiefs:
Structural Regular Hourly Rate.....$ 85.00 per hour
Overtime Hourly Rate...$110,50 per hour
Mechanical Regular Hourly Rate.....$ 85.00 per hour
Overtime Hourly Rate...$110.50 per hour
Electrical Regular Hourly Rate.....$ 85.00 per hour
Overtime Hourly Rate...$110.50 per hour
Plumbing Regular Hourly Rate.....$ 85.00 per hour
Overtime Hourly Rate...$110.50 per hour
Flood Plain Regular Hourly Rate.....$ 85.00 per hour
Overtime Hourly Rate...$ 110.50 per hour
Building Officials:
Asst. Building Official Regular Hourly Rate.....$ 100.00 per hour
Overtime Hourly Rate...$130.00 per hour
Building Official Regular Hourly Rate.....$ 100.00 per hour
Overtime Hourly Rate...$ 130.00 per hour
Page 3 of 5 Approved by:Jennifer Alvarez,Manager of Procurement and Contracts
Uncontrolled In hard copy unless otherwise marked `' 1► # .'`
y City of Fort Lauderdale• Procurement Services Division
100 N.Andrews Avenue, 619• Fort Lauderdale, Florida 33301
954-828-5933 Fax 954-828-5576
� -�=-"" www.Pgrils�crdFrdUl��.gpv jpurchUsir�g
ESTIMATED ANNUAL COSTS BASED ON ESTIMATED HOURS PER YEAR IN EACH SERVICE
AREA AS FOLLOWS:
Inspectors:
Structural 8,000 Regular Hours Per year x $75.00 per hour= $600,000.00
Electrical 800 Regular Hours Per Year x $75.00 per hour = $ 60,000.00
Mechanical 2,000 Regular Hours Per Year x $75.00 per hour= $150,000.00
Plumbing 2,000 Regular Hours Per Year x$75.00 per hour = $150,000.00
Engineering 500 Regular Hours Per Year x $85.00 per hour= $ 42.500.00
Landscaping 500 Regular Hours Per Year x $75.00 per hour=$ 37,500.00
Subtotal Inspectors $ 1,040,000.00
Plan Examiners:
Structural 6,000 Regular Hours Per Year x $ 85.00 per hour=$ 510,000.00
Electrical 1,200 Regular Hours Per Year x $ 85.00 per hour=$102,000.00
Mechanical 2,000 Regular Hours Per Year x $ 85.00 per hour=$170,000.00
Plumbing 1,300 Regular Hours Per Year x $ 85.00 per hour=$110,500.00
Engineering 500 Regular Hours Per Year x $ 85.00 per hour=$ 42,500.00
Landscaping 500 Regular Hours Per Year x $75.00 per hour=$ 37,500.00
Flood Plain 500 Regular Hours Per Year x$85.00 per hour=$ 42,500.00
Subtotal Plan Examiners $1,016,000.00
Chiefs:
Chief- Structural 400 Regular Hours Per Year x $85.00 per hour= 34,000.00
Chief- Mechanical 400 Regular Hours Per Year x $85.00 per hour=$ 34,000.00
Chief— Electrical 400 Regular Hours Per Year x$85.00 per hour=$ 34,000.00
Page 4 of 5 Approved by,Jennifer Alvarez,Manager of Procuremenl and Contracts `, I
Uncontrolled In hard copy unless otherwise marked t
;} City of Fort Lauderdale•Procurement Services Division
s 100 N. Andrews Avenue,619• Fort Lauderdale, Florida 33301
954-828-5933 Fax 954-828-5576
v r$" www.ior.tlauopp,0(fle.gpv/purchasing
Chief- Plumbing 400 Regular Hours Per Year x $85.00 per hour=$ 34,000.00
Chief— Flood Plain 400 Regular Hours Per Year x $85.00 per hour=$ 34,000.00
Subtotal Chiefs $170,000.00
Building Officials:
Asst. Building Official 240 Regular Hours Per Year x$100.00 per hour=$24,000.00
Building Official 240 Regular Hours Per Year x $100.00 per hour=$24,000.00
Subtotal Building Officials $ 48.000.00
Emergency/Natural Disaster Inspections
Structural 1,500 Regular Hours per event x $ 97.50 per hour= $ 146,250.00
Electrical 1,500 Regular Hours per event x $ 97.50 per hour = $ 146250.00
Mechanical 1,500 Regular Hours per event x $ 97.50 per hour = $ 146,250.00
Plumbing 1,500 Regular Hours per event x $ 97.50 per hour= $ 146,250.00
Flood Plain 1,500 Regular Hours per event x $ 97.50 per hour= $ 146,250.00
Subtotal Emergency/Natural Disaster Inspections $731, 250.00
Total Inspectors + Plan Examiners + Building Officials + Disaster hours $3,004,250.00
Submitted by:
Carlos A. Penin PE
Name (printed) Signature
President
Title
Company: (Legal Registration)C.A.P. Government Inc.
Date: 03.21.17
Page 5 of 5 Approved by:Jennifer Alvarez,Manager of Procurement and Contracts
Uncontrolled In hard copy unless otherwlse marked W '>.
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA
AND C.A.P. GOVERNMENT, INC., A FLORIDA CORPORATION
(UNDER A CITY OF FORT LAUDERDALE CONTRACT, PROPOSAL
NO. 575-11859 PRESENTLY EXISTING BETWEEN THE CONTRACTOR
AND FORT LAUDERDALE), TO PROVIDE SUPPLEMENTAL PLAN
REVIEW, INSPECTION, AND ADMINISTRATIVE SERVICES TO
ACCOMMODATE ANTICIPATED LAND DEVELOPMENT PROJECTS
IN THE CITY OF DANIA BEACH,FLORIDA.
This is an Agreement (the "Agreement") between the City of Dania Beach, Florida, a Florida
municipal corporation ("City") and C.A.P. Government Services, Inc., a Florida corporation
("Contractor"),with an address of 3265 Meridian Parkway, Suite 100,Weston, Florida 33331.
In consideration of the mutual covenants, terms and conditions contained in this Agreement, and
other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed
upon,the parties agree to the following:
1. The agreement existing between the Contractor and the City of Fort Lauderdale and any
amendment(s) to it, under a contract award by the City of Fort Lauderdale Agreement dated
May 16, 2017, which commenced on June 17, 2017 and will be in effect through and
including June 16, 2019; a copy of the Agreement is attached as Exhibit"A",which is made a
part of and is incorporated into this Agreement by this reference, shall be considered as part
of this Agreement between the City of Dania Beach, Florida, and the Contractor; provided,
however, that if Contractor contracts with any other governmental agency in the South
Florida area and service rates are lower, such as those afforded to the City of Fort Lauderdale,
Florida, or any city for these same services, then Contractor shall provide such lower service
rates to the City of Dania Beach,Florida
2. The work to be performed for the City consists of supplemental plans examination, inspection
services and related services such as administrative services.
3. That in all other respects, the terms of the Fort Lauderdale agreement apply to this
Agreement.
IN WITNESS of the foregoing, the parties have executed this Agreement on
32017.
CITY OF DANIA BEACH,FLORIDA,
ATTEST: a Florida municipal corporation
LOUISE STILSON, CMC TAMARA JAMES
CITY CLERK MAYOR
APPROVED AS TO FORM AND
CORRECTNESS: ROBERT BALDWIN
CITY MANAGER
THOMAS J. ANSBRO
CITY ATTORNEY
1
WITNESSES: CONTRACTOR:
C.A.P. GOVERNMENT, INC. a Florida
corporation
Signature Signature
PRINT Name PRINT Name
Signature Title
DATED:
PRINT Name
STATE OF FLORIDA)
COUNTY OF BROWARD)
The foregoing instrument was acknowledged before me on ,
20 , by , as of C.A.P. Government,
Inc., a Florida corporation, on behalf of the company. He/she is personally known to me or has
produced as identification.
My Commission Expires:
Notary Public, State of Florida
Print Name
2