Loading...
HomeMy WebLinkAboutR-2019-061 AMENDED - City Authorizing to Execute an Optional Renewal of Existing Agreement w/ CAP Government Inc. for Plan Review, Inspections & Clerical Building Code Services 6-16-2019 to 6-16-2020 RESOLUTION NO. 2019-061 AMENDED A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN OPTIONAL RENEWAL OF THE EXISTING AGREEMENT WITH CAP GOVERNMENT INC. FOR PLAN REVIEW, INSPECTIONS AND CLERICAL BUILDING CODE SERVICES, RETROACTIVE TO JUNE 16, 2019 AND VALID THROUGH JUNE 16, 2020, UTILIZING THE CITY OF FORT LAUDERDALE RFP 575-11849, THAT WILL EXCEED AN ANNUAL VENDOR TOTAL AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00), EACH FISCAL YEAR THE CONTRACT IS IN PLACE; AUTHORIZING SUCH PURCHASE MADE FROM THE BUILDING FUND APPROVED ANNUAL BUDGET APPROPRIATION; 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 she 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 currently utilizes the City of Fort Lauderdale's contract (RFP No. 575-11849) with CAP Government, Inc. ("CAP") for plan review, inspection and clerical building code services dated May 16, 2017, which provides for a two (2) year renewal option, subject to approval of both the City and CAP; and WHEREAS, the City of Fort Lauderdale has renewed its existing Agreement with CAP, retroactive to June 16, 2019, through May 15, 2021, a copy of which is attached as Exhibit "A" and is incorporated into this Resolution by this reference; and WHEREAS, CAP desires to and is willing to continue the Agreement for an optional one (1) year renewal with no increase in cost; and WHEREAS, the City Administration recommends the existing agreement with CAP Government, Inc. be extended to provide plan review, inspections and clerical building code services; and WHEREAS, CAP expenditures may exceed One Million Dollars ($1,000,000.00) and the City Charter requires that the City Commission approve by Ordinance any expenditure of City funds that exceed One Million Dollars ($1,000,000.00); an Ordinance will be presented by the Community Development Department at a future City Commission Meeting if it is expected that the threshold may be exceeded; and WHEREAS, the City Commission approves the Agreement renewal for a term not to exceed one year; 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 to be true and correct and they are made a part of and are incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute the optional renewal of an existing Agreement with CAP Government Inc., for building code services, a copy of which is attached as Exhibit`B" and is incorporated into this Resolution by this reference. Section 3. That funding and appropriations are planned for each year and are available in the City's Building Fund, Professional Services General Account, Account No. 107- 15-02-524-31-10 and will exceed the annual fiscal year vendor threshold of Twenty Five Thousand Dollars ($25,000.00) each year the contract is in place. Section 4. That the additional funding will be appropriated via a budget transfer in the amount of six hundred thousand dollars ($600,000.00)to cover costs associated with services provided by CAP Government Inc. for the remainder of the fiscal year 2019. A budget transfer in the amount of sixty four thousand dollars ($64,000.00) from the Building Fund, Contingency account number 107-15-02-524-99-10 and a budget transfer in the amount of five hundred forty- six thousand dollars ($546,000.00) from the Building Fund, Reserve account number 107-15-02- 524-99-70 to the Building Fund Professional Services Account 107-15-02-524-3 1-10. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 2 RESOLUTION#2019-061 Section 6. That this Resolution shall be retroactive to June 16, 2019 and shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 25, 2019. ATTEST: ti THOMAS SCHNEIDER, CMC ORI LEfTELLEN CITY CLERK �� p0 MAYOR /SHED APPROVED AS TO FORM AND CORRECTNESS: THO J. AN O CITY ATTORNE 3 RESOLUTION#2019-061 City of Fort Lauderdale•Procurement Services Division 100 N.Andrews Avenue,619.Fort Lauderdale,Florida 33301 954-828-5933 Fax 954-828-5576 wrww.fortlauderdale.gov February 1, 2019 CAP Government Inc. Attn: Carlos A. Perlin 100 SE 12 Street Fort Lauderdale, FL 33316 SUBJECT: Renewal of Term Contract for Solicitation Inspection and Plan Review Services, RFP 575-11849-1,Amendment 1 Dear Carlos Penin: The subject Contract will expire on May 15, 2019. In accordance with the terms and conditions of the subject Contract, the Contract may, by mutual consent of the parties, be renewed for an additional twenty-four(24)month period. The City would like to exercise the right to renew this Contract for two (2) additional years effective May 16,2019.at the existing pricing, terms and conditions, WP Please indicate your approval of this offer by having an officer of your firm execute the acceptan_ce portion below and return this letter by email to Teresa Wright at iit, ir't February 9 2019 Upon execution below by your firm's authorized representative, this Amendment will be your official notice that the Contract has been extended for two (2) years and no additional documentation will be required. Please be sure any required Insurance Certificates are up to date and attached to your response. Thank you for your immediate attention to this matter. Sincerely, ACCEPTANCE By di Hart, PPO, CPPB, MBA Official Signatu C i Procurement Officer cadosA,Penin went Name ,Februa 2-2019 Date Approved by:Jodi S.Hart.Chief Procurement Officer - Uncontrolled In hard copy unless otherwise marked W� i�U1f� t'.;�'' Ari1JNI�Y AGREEMENT FOR INSPECTION AND PLAN REVIEW SERVICES THIS AGREEMENT, made this lU111day 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"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. CAM 17-0504 EXHIBIT a Page 1 of 13 I 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.Tune 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. CAM 17-0504 EXHIBIT 8 Page 2 of 13 I i 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 j 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 i 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. CAM 17-0504 EXHIBIT 8 Page 3 of 13 I 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 Unappropriated 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 i 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 CAM 17-0504 EXHIBIT 8 Page 4 of 13 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 acid 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 hPslth ,end qnf(-ty plans and regulatione., and to pay tho mata and uxpensc9 thereof,turd warrants that all such persons shall be fit and qualified to carry out the Work. CAM 17-0504 EXHIBIT 8 Page 5 of 13 i H. Standard of Care Contractor represents that helshelit is qualified to perform the work, that Contractor and hisrherlits subcontracturs� posses Trent, valid stets 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 Rieht 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 ]]9, 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 cujju-tut, require Contractor's subcontractors io agree to the requirements and obligulivas of llils Suction. CAM 17-0504 EXHIBIT s Page 5 or'.3 I 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. i 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 I 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 Performance 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 written consent. CAM 17-0504 EXHIBIT 8 Page 7 of 13 I i 1 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. ©. 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. CAM 17.0504 EXHIBIT 8 Page 8 of 13 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$hail 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 shall 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. veranee 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 sntinn 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. CAM 17-0504 EXHIBIT 8 Page 9 of 13 i (i }i U. Jurisdiction,Venue,Waiver,Waiver ofJury Trial I This Agreement shall be interpreted and construed in accordance with and governed by lthe 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 l 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 Aereements 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 not 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. Pavabie Interest 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 Authoritv Each individual executing this Agreement on Lelialf of a party her-do hereby represents and warrants Lhal. he or shn is, on the date he or she signs this Agreement, duly nutltnrized by all necr scary and appfopriatn.'u,Lit,lt Lir enrrurrin 06N rlgrxx,ntt:rlR Lill tu.hrrll'ul' 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 nNigations under this agreement when and to tho oxtont that their performance is delayed or prevenred by any circumstances beyond their control including, tire, tlnnri, expInsinn, CAM 17 0004 EXHIBIT 8 Page 10 of 13 I i i strikes or other labor disputes,act of God or public emergency,war,riot,civil commotion, malicious damage, act or omission of an g , y governmental authority, delay or failure or I shortage of any type of transportation, equipment, or service from a public utility needed for their performance,provided that: I I A. The non performing party gives the other party prompt written notice describing I 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), armed, 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 V-A564 EXHIBIT 8 Page 11 of 13 I i 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: PRRCONTRA CT@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 tern 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 C'ity's nnstndian 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] GAM 17-0504 EXHIBIT B Page 12 of 13 IN WITNESS WHEREOF,the City and the Contractor execute this Contract as follows: ATTEST: CITY OF FORT LAUDERDALE Jeffrey A.Mod Ili,City Clerk Lee R.Feldman,City Manager Approved as to form: Cynthia A. Eve ,City Attorney JAA 4e' AssytahtC o 6 , 4GI-TAIL C.A.P.G E ,IN ttleds� ,� �\RyA Carlos A.Penin,Presi ent ' �AMQLI�NcF_MI��rA16�R BY: , L 41 Name&Title: 1-lor%fm be(PTO Bus�Ae55 DC�1.f4oldif�vl (CORPORATE SEAL) STATE OF _ \ COUNTY OF M 1GMrL- The foregoing instrument was acknowledged before me this _14hday of IY)aV , 2017, by Carlos A. Penin as President for C.A.P. Government, Inc.,a Florida corporation, (Signature of Notary Public) (SE7,—o- Notary Public,State of Tr b in d q. NICA M DE CASTRO COMMISSION 017144489 PIRES July 23.2018 jaorl arss F7oddallotarys m. .M (Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known V"'OR Produced Identification TYPn of*11 iirwation Produced_ CAM 17-0504 EXHIBIT 8 Page 13 of 13 City of Fort Lauderdale•Procurement Services Division 100 N.Andrew?Avenue,619•Fort Lauderdale,Florida 3330.1 954-828-5933 Fax 954-828-5576 March 21,2017 C.A.P. Government, Inc. Attn: Carlos Perin ` 100 S.E. 12"Street Fort Lauderdale, FL 33316 ' Phone: 954-888-9882 Email: cap@capfla.com 1 , i REF: RFP No. 575-11849, Inspection and Plan Review Services � I 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),, I I "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 j 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 anal-offers". I 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. i Sincerely, Annbebra Dlaz, CPPB Senior Procurement Specialist Attachments s Page 1 of 5 Approved hy:.Jennlfer Alvarez,Manager of Procurement and Contracts + r Uncontrolled In hard copy unless otherwise marked WI;!W[O t {31Vt1Vii11v1T� City of Fort Lauderdale•Procurement Services Division 100 N.Andrews kvenue,619•Fort Lauderdale,Florida 33301 95"28-5933 Fax 954-828-5576 . - w�oFH�tiSt�ercletl®;�g''�i�. .. ••ti�iria. Electrical Regular Hourly Rate.....$85.00 per hour Overtime Hourly Rate...$110.50 per hour Mechanical! Regular Hourly Rate.....$ 8&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 1 Landscaping Regular Hourly Rate.... $ 75.00 per hour p 9 9 Y _,. Overtime Hourly Rate,;,:,$ 97.50 per hour Flood Plain Regular Hourly Rate..,,,t$ 85.00 per hour Overtime Hourly Rate.::$110.50 per hour Chiefs: i Structural Regular Hourly Rate.,;;.$ 85.00 per hour Overtime Hourly Rate..,-$110.50 per hour Mechanical Regular Hourly Rate...:,$ 85.00 per hour Overtime Hourly Rate.,,$j 10.50 per hour Electrical Regular Hourly Rate..,,,,,$ 85.00 per hour E 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 Rat%-$130.00 per hour Building Official Regular Hourly Rate..,•.,$ 100.00 per hour Overtime Hourly Rate-,$ 130.00 per hour Page 3 of 5 Approved by;Jennifer Alvarez.(Manager of Procurement and Contracts I, linrnnirnilprl in hnrri rnpr nnipsl nihwrwlte mrirkpri 5N1;�WILD COMa*vtUNITY , City of Fort Layderdale.Procurement Services Division 100 K Andrews Avenue,611 w Fort Lauderdale,Florlda 33301 954-828-5933 Fax 954-828-5576 wysrw;�csrp�derelc___�l_lo=rs��• ••rr--4��� i {gRu.'. I Chief- Plumbing 400 Regular Hours Per Year x$85.00 per hour=$_ 64,000.00 Chief—Flood Plain 400 Regular Hours Per Year x $85.00 per hour=$_ 34,000.00 Subtotal Chiefs $ zo.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 RQ' Emergency/Natural Disaster Inspections Structural 1,500 Regular Hours per event x $97.50 per.hour= $ 146:250.00 I Electrical 1,500 Regular Hours per event x $97,50 per hour=$_146,250.00 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 Total Inspectors + Plan Examiners+ Building pfficials + Disaster hours $3,004,260.00 fl Submitted by: U ..Carlos A. Penin PE Name(printed) _-Signature I President Title Company: '(Legal Registration) C.A.P. Government, Inc. Date: 03.21.17 i Page 5 of 5 Approved hy;,IRnnlfar AlvnrR7,Mnnrionr of Procurement and Contract& ^ ` Uncontrolled In hard copy unless otherwise marked , ,� 1;'�-r� 4 wt Bul i obMMfJi ily AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND C.A.P. GOVERNMENT, INC., A FLORIDA CORPORATION FOR SUPPLEMENTAL PLAN REVIEW, INSPECTION AND ADMINISTRATIVE SERVICES UNDER THE CITY OF FORT LAUDERDALE INVITATION TO BID ("ITB") NUMBER 575-11849 This is an Amendment ("Amendment") dated , 2019, between the City of Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 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 Amendment, 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 between the Contractor and the City of Fort Lauderdale was amended on February 1, 2019 to extend the term of the Fort Lauderdale Agreement to May 15, 2021. The Amendment and that Agreement are attached as composite Exhibit "A", and made a part of and are incorporated into this Agreement by this reference; they shall be considered a part of this Amendment between the City and the Contractor. This Amendment is retroactive to June 16, 2019 and renews and extends the original Agreement between the City and Contractor to June 16, 2020. 2. That in all other respects, the terms of Exhibit"A" apply to this Amendment. IN WITNESS OF THE FOREGOING, the parties have signed this Amendment, effective on the date first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation THOMAS SCHNEIDER, CMC LORI LEWELLEN CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS ANA M. GARCIA, ICMA-CM 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 2019, 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