HomeMy WebLinkAboutR-2023-062 C.A.P. Government Supplemental Plan Review Inspection and Administrative ServicesRESOLUTION NO. 2023- Q(pZ
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW THE
CONTRACTS FOR SUPPLEMENTAL PLAN REVIEW, INSPECTION AND
ADMINISTRATIVE SERVICES FROM C.A.P. GOVERNMENT, INC.,
RETROACTIVE TO MAY 22, 2023; AND AUTHORIZING THE FUNDING
FOR SAID SERVICES TO BE MADE FROM THE BUILDING FUNDS
APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach wishes to supplement its building code 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 supplemental plans examining and inspection services are most
appropriately obtained as contractual services at this time; and
WHEREAS, on May 12, 2020, the City Commission approved the bid award to C.A.P.
Government, Inc. pursuant to Resolution No. 2020-035, to provide the City with supplemental
plan review, inspections and administrative building code services; and
WHEREAS, the City of Dania Beach adopted Ordinance No. 2019-013 to allow the
expenditures of City funds to exceed One Million Dollars ($1,000,000.00) to C.A.P. Government,
Inc., which will include authorizing such expenditures which are made in future budgets for future
fiscal years for the term of the contract; and
WHEREAS, the City of Dania Beach currently has an agreement with C.A.P. Government
Inc., with an option to renew for a one additional two- year term honoring the hourly rates specified
in the underlying agreement; and
WHEREAS, the City wishes to renew for the two-year term (May 22, 2023 through May
21, 2025), honoring the hourly rates specified in the expiring term of the underlying agreement.
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 renewal option
(retroactive to May 22, 2023) in the attached renewal 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 "A".
Section 3. The funding for 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 No. 107-15-02-524-3 1-10.
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 July 11, 2023.
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FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis
-46
Commissioner Tamara James
46
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
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CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
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2 RESOLUTION 92023-_L(A&2-
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FIRST RENEWAL OF AGREEMENT BETWEEN THE CITY OF DANIA BEACH,
FLORIDA AND C.A.P. GOVERNMENT, INC., A FLORIDA CORPORATION FOR
SUPPLEMENTAL BUILDING DIVISION SERVICES
This is First Renewal of an Agreement (the "Renewal"), which Agreement dated May 22,
2020 (the "Agreement') exists between the City of Dania Beach, Florida, a Florida municipal
corporation (the "City") and C.A.P. Government, Inc., a Florida corporation (the "Contractor")
with an address of 100 Southeast 12`s Street, Fort Lauderdale, Florida 33316, for providing
Supplemental Building Division services.
A copy of the Agreement is attached as Exhibit "A", which is made a part of and incorporated
into this First Renewal by this reference. The City and Contractor wish to renew the Agreement
for one (1) two (2) year period as allowed for in Exhibit "A". This Renewal is retroactive to May
22, 2023 up to and including May 21, 2025.
In consideration of the mutual covenants, terms and conditions contained in the
Agreement and in this Renewal of it, and for other good and valuable consideration, the
adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the
following:
1. That this Renewal is retroactive to May 22, 2023, immediately upon its execution by
both parties.
2. That the Agreement is renewed and it shall remain in effect up to and including May
21, 2025.
3. That in all other respects, the Agreement is ratified and reaffirmed and remains in
full force and effect.
IN WITNESS OF THE FOREGOING, the parties have executed this Renewal on
.2023.
ATTEST:
ELORA RIERA, MMC
CITY CLERK
CITY:
CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ARCHIBALD J. RYAN IV
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
ANA M. GARCIA, ICMA-CM
CITY MANAGER
ATTEST:
Signature
PRINT Name
STATE OF FLORIDA)
CONTRACTOR:
C.A.P. Government, Inc. a Florida
Corporation
Signature
Carlos A. Penin
PRINT Name
President
TITLE
The foregoing instrument was acknowledged
before me
by
means
of
❑ physical
presence or by ❑ online notarization, on
2023,
by
Carlos
A.
Penin, as
President of C.A.P. Government Inc., a Florida corporation, on behalf of the corporation. He/she
is personally known to me or has produced as identification.
My Commission Expires:
Notary Public, State of Florida
Print Name
OA
PROFESSIONAL SUPPLEMENTAL BUILDING DIVISION SERVICES
THIS IS A PROFESSIONAL BUILDING DIVISION SUPPLEMENTAL
SERVICES AGREEMENT (the "Agreement"), made and effective on M aq ZZ
2020, between the City of Dania Beach, Florida, a Florida municipal corpora n (the "City")
located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and C.A.P.
Government, Inc., a Florida corporation ("CAP") with a mailing address of 100 Southeast 12"
Street, Fort Lauderdale, Florida 33316.
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:
The City engages CAP to act for it in accordance with this Agreement, and CAP accepts
such engagement and agrees to provide the services set forth in it. All bid documents and CAP's
response to them are incorporated into this Agreement by this reference; provided, however, if
there is a conflict between them and any provisions of this Agreement, then this Agreement shall
control.
1.0 REQUIREMENTS
CAP will provide supplemental Building Division services as indicated below:
1.1 CAP will ensure the availability of qualified and experienced personnel to
provide plan review, inspection, and administrative services and such personnel will
provide prompt, courteous, efficient and effective services to all clients and citizens.
1.2 CAP will provide stability and continuity of personnel and services in the
City Building Division
1.3 CAP will ensure the availability of extra personnel if and when required,
in the case of emergencies and other related assignments.
1.4 To assure the City that services will be rendered CAP agrees that its
responsibilities to its employees are to:
(a) employ and pay sufficient staff in order to provide the services to
the reasonable satisfaction of the City.
(b) ensure that all persons employed by CAP in connection with the
provisions of the services shall be efficient, free from the influence of
alcohol or drugs, honest and shall be qualified to provide the services,
including, but not limited to possessing the ability to administer first aid,
including CPR.
(c) ensure that CAP's employees undergo such training as may be
necessary to enable them to carry out their respective duties in accordance
with this Agreement and to provide pleasant, courteous and conscientious
service to the residents, contractors and developers of the City.
(d) provide adequate supervision and coordination of CAP's
employees and ensure that the employees shall abide by the rules,
regulations and guidelines set from time to time by the City. CAP will
replace, re -assign or shall cease to assign to City any person if,reasonable
objection is taken by City to any such person's employment.
(e) ensure that CAP's employees while on duty are dressed in proper
uniform and carry identification badges. The uniforms shall be supplied by
CAP. A badge shall be worn at all times and identify each employee by
his or her first name.
(f) ensure that no duties, obligations or services are delegated or
subcontracted without the advance written approval of the City.
1.5 CAP will establish a drug -free workplace by requiring drug screenings of
all new employees and allow for random drug testing to the extent permitted by law.
Drug testing will be at the expense of CAP and shall be administered in accordance with
applicable Florida statutes and related laws.
1.6 During the term of this Agreement, CAP shall be an independent
contractor and not the agent or employee of the City. In such capacity, CAP will bear
exclusive responsibility for the payment of the remuneration and any insurance
contributions with respect to CAP's employees. The parties are not partners or joint
venturers, nor is CAP or any of CAP's employees authorized to act as the agent of the
City. The individuals assigned to work by the City will be employees of CAP and
shall be subject to the written acceptance of their assignment to the City.
2.0 SCOPE OF SERVICES
2.1 Services include but are not limited to: plans examination, inspections and
administrative duties related to the implementation and enforcement of the Florida
Building Code, City Codes and other applicable Broward County, State of Florida and
federal regulations.
2.2 Other related services may involve engineering, floodplain management,
zoning and landscape professional services as required by the City. Personnel for these
services shall be certified by applicable professions and agencies.
2.3 Administrative personnel shall be experienced in building code and
community development responsibilities.
2.4 Electronic Plan Review (EPR) services are to be provided with applicable
software. The EPR software integrated with Bluebeam software is preferred.
2
2.5 Other related assignments and services may be performed as directed by
the City; e.g., post disaster services, staffing for and emergency operations center (EOC),
support of cases brought, to the Broward County Unsafe Structure Board, Building
Official services, City building assessments, governmental coordination, and act as the
City Americans with Disabilities Act (ADA) coordinator.
3.0 FEES
3.1 The fees to be paid are set forth in Exhibit "A", a copy of which is attached to and
incorporated into.this Agreement by this reference.
3.2 The City will pay CAP's invoices within thirty (30) days of receipt, in
accordance with Part VII of Chapter 218, Florida Statutes, as it may be amended from
time to time, entitled the "Local Government Prompt Payment Act." CAP may suspend all
services pursuant to this Agreement if the City's unpaid balance. exceeds sixty (60) days. Such
suspension or reinstatement of services will not terminate the Agreement.
4.0 SPECIAL PROVISION
4.1 Due to the COVID-19 pandemic, CAP has agreed to provide the City the
rates shown in the Agreement dated September 13, 2017, which Agreement was
amended on July 15, 2019, extending the term of the Agreement through June 16, 2020.
4.2 The rates are shown in Exhibit `B", which is made a part of and is
incorporated into this Agreement by this reference. These rates will expire on June 16,
2021 and at that time, the rate schedule shown in Exhibit "A" will take effect for the
remainder of the term of this Agreement.
4.2 These rates are only afforded to the City of Dania Beach, and are not
available to any entities that wish to piggyback off this Agreement in the future.
4.4 The services provided by the individual classifications shown in Exhibit
"A" but not included in Exhibit "B" will be available to be utilized by the City and will
be invoiced by CAP at the current rate reflected in Exhibit "A".
5.0 INSURANCE
5.1 CAP sball procure and maintain for the duration of and in full compliance
with this Agreement, and any and all amendments or extensions of it, insurance against
claims for loss of life, injuries to persons and damage to property (including loss of use
resulting therefrom) which may arise from its performance under this Agreement in
connection with the delivery and supply of the tools, equipment and materials identified
in the Agreement, and in its performance of each and all of its duties relating directly or
indirectly to its services to be performed, with the City named as an "additional" insured,
including the City's agents, representatives, officers, officials, employees and volunteers.
5.2 CAP shall not commence Work under this Agreement until CAP has
obtained all insurance required, and such Coverages have been approved by the Risk
Manager of the City. CAP shall not allow any Subcontractor to commence Work on any
subcontract until the Subcontractor, as provided in this Agreement and all Coverages
required of any Subcontractor have been approved in advance in writing by the City. In
addition, CAP shall be responsible for any policy deductibles and self -insured retentions.
5.3 CAP shall file Certificates of Insurance with the City, reflecting evidence
of all Coverages. All certificates of insurance must clearly identify the Contract to which
they pertain, including a brief description of the subject matter of the Contract. They
shall be filed with the City's Risk Manager within fourteen (14) days of the execution of
this Agreement by both parties. The certificates of insurance shall contain a provision
that coverage afforded under these policies will not be canceled until at least thirty (30)
days' prior written notice has been given to the City. Policies for Coverage shall be
issued by companies authorized to do business under the laws of the State of Florida and
any such companies' financial ratings must be no less than A-VII in the latest edition of
the `BEST'S KEY RATING GUIDE", published by A.M..Best Guide,
5.4 All coverages shall be in force until all Work required to be performed
under the terms of this Agreement is satisfactorily completed. In the event insurance
certificates provided to City indicate that any insurance shall terminate and lapse during
the period of this Agreement and any and all amendments or extensions of it, then in that
event, CAP shall furnish, at least thirty (30) days prior to the expiration of the date of
such insurance, a renewed certificate of insurance as proof that equal and like Coverages
for the remaining term of the Agreement and any and all extension of it, are in effect.
CAP AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE
TO WORK PURSUANT TO THIS AGREEMENT, UNLESS ALL COVERAGES
REMAIN IN FULL FORCE AND EFFECT; WORK DELAY IS SUBJECT TO
PROVISIONS IN THIS AGREEMENT.
6.0 INSURANCE REQUIREMENTS
6.1 The below coverages are minimum limit requirements. Umbrella or Excess
Liability policies are acceptable to provide the total required liability limits, as long as the Risk
Manager of the City reviews and approves in writing the insurance limits on each of the policies.
The City must approve any changes to these specifications and has the right to review and amend
coverage requirements. CAP shall be held responsible for any modifications, deviations, or
omissions in the insurance requirements and shall be responsible for any deductible amounts.
6.2 COMMERICAL GENERAL LIABILITY INSURANCE is to be provided, to
include bodily injury, broad form property damage, products and completed operations, blanket
contractual liability, independent contractors, personal injury, fire, legal liability coverage and
incidental medical malpractice coverage with limits of no less than Two Million Dollars
($2;000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate for
death, bodily injury, personal injury and property damage.
SPECIAL PROVISIONS AS TO COMMERICAL GENERAL LIABILITY
INSURANCE: (to be confirmed on or attached to the Official Certificate of
Insurance)
• Annual Aggregate shall apply "Per Job";
• "The City of Dania Beach, Florida" is added as Additional "Named" Insured;
• Additional Insured status is included for Products completed operations coverage
for a period of no less than five (5) years following the completion of the Work;
• Additional insured coverage shall be no more restrictive than Insurance Services
Office (ISO) form CG 2037 (07 04);
• Contractor's insurance shall be primary and non-contributory;
• Waiver of Subrogation in favor of the City;
• 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
• Copy of Additional Insured Endorsement or other endorsements may be attached
to the Certificate.
6.3 Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
6.4 WORKERS' COMPENSATION INSURANCE shall be maintained by CAP
and any Subcontractors during the term of this Agreement, including any and all amendments of
it, and it is to apply to all "statutory employees" of CAP (as that phrase is defined by Chapter
440, Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws, for the benefit of CAP, its employees, and
Subcontractors.
6.5 In the case any work is sublet as otherwise addressed in this Agreement or
applicable Bid Documents, CAP shall require any Subcontractors similarly to provide Workers'
Compensation Insurance for all of the latter's employees, in addition to any coverage afforded by
CAP, by furnishing statutory limits Part A of no less than and One Hundred Thousand Dollars
($100,000.00) per occurrence, and Five Hundred Thousand Dollars ($500,000.00) per aggregate
for disease; and One Hundred Thousand Dollars ($100,000.00) limit for disease of an individual
employee.
IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE
PROSECUTION OF THE WORK, THE FOLLOWING: I) ANY EMPLOYEE,
SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR
PURPORTED TO BE EXEMPT FROM WORKERS' COMPENSATION INSURANCE
COVERAGE; OR II) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING
ARRANGEMENT.
SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance).
• 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies, then CAP has responsibility for notification); and
• Waiver of Subrogation in favor of the City.
6.6 Deductibles and Self -Insured Retentions; Deductibles and Self -Insured
Retentions Defined:
All deductibles and self -insured retentions must be shown clearly on the
Certificates of Insurance and approved by the City. City reserves the right to
disapprove any or all of them but shall not unreasonably do so.
6.7 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined
single limits of no less than One Hundred Thousand Dollars ($100,000.00) per
occurrence, and no less than Two Hundred Thousand Dollars ($200,000.00) annual
aggregate, to include coverage for owned, hired, and non -owned vehicles.
SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
• "The City of Dania Beach, Florida" is added as an "Additional Named Insured";
• 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies, then CAP has responsibility for notification); and
• Waiver of Subrogation in favor of the City.
6.8 If CAP hires a Subcontractor for any portion of any Work, then such
Subcontractor shall provide Commercial General Liability insurance with minimum limits of no
less than One Million Dollars ($1,000,000.00).
6.9 All insurance policies shall contain the following provisions:
(a) There are . not to be any special limitations on the protection being
provided to the City, its officials, officers, employees or volunteers.
(b) CAP's Insurance is Primary: CAP's insurance coverages shall be primary
insurance with respect to the City's, its officials', employees', and volunteers'
insurances.
(c) Coverage Guaranteed: Any failure to comply with reporting provisions of
the policies shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
(d) Occurrence Basis: CAP's insurances shall be on an occurrence basis as
opposed to a claims -made basis.
(e) Separation of Insured: The definition of insured shall read as follows:
"The insurance afforded applies separately to each insured against whom a claim
is made or suit is brought, except with respect to the limits of the company's
liability. The company, in this context, is CAP's insurance company." If no such
definition of the insured is quoted in the insurance, CAP must provide "Cross
Liability Clause" or "Severability of Interests Clause" endorsements for all
liability insurances.
(f) Florida State Licensed: All insurance policies and bonds required of CAP
shall be written by Companies authorized and licensed to do insurance business in
the state of Florida and must be executed by agents licensed as.agents by the state
of Florida.
6.10 Verification of Coverage:
(a) Certificates and Endorsements Provided: CAP shall furnish the City with
Certificates of Insurance with original endorsements affecting coverage. The
certificates and endorsements must be received and approved by City in
writing before any services can commence.
(b) Authorized Signatures: The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf.
(c) Coverage Continuation: Insurance coverage required by this Agreement
shall be in force throughout the term of the Agreement. Should CAP fail to
provide acceptable evidence of current insurance within seven (7) days of receipt
of written notice at any time during the term of the Agreement, the City shall have
the right to consider the Agreement breached which breach shall justify City's
termination of it. If coverage on the Certificates of Insurance is shown to expire
prior to the end of the Agreement, CAP shall furnish Certificates of Insurance
evidencing renewal of such coverage to the City.
7.0 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
7.1 CAP shall, in addition to any other obligation, indemnify the City and to the
fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, including
its agents, elected officials and employees from and against all claims, actions, liabilities, losses
(including economic losses), or costs arising out of any actual or alleged:
(a) bodily injury, sickness, disease or death, or injury to or destruction of tangible
property including the loss of use resulting therefrom, or any other damage or loss
arising out of or resulting or claimed to have resulted in whole or in part from any
actual or alleged act or omission of CAP, anyone directly or indirectly employed by
it, or anyone for whose acts any of them may be liable in the performance of the
Work;
(b) any violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent rights by CAP in the performance of the Work;
(c) liens, claims, actions made by CAP or other party performing the Work; and
h
(d) claims of whatever nature related to collection practices or any actions of a
contradictory nature pursuant to this Agreement or in an attempt to collect monies due or
claimed to be due to the City.
7.2 CAP agrees to indemnify and hold harmless the City and its respective officers,
employees, and assigns from liabilities, damages, losses, and costs including, but not limited to
reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful misconduct of CAP and persons employed or utilized by CAP in the performance of
the Services.
8.0 TERM OF AGREEMENT
8.1 This Agreement shall remain in effect for three (3) years; provided that the services
rendered by CAP during the Agreement period are determined by the City to be satisfactory and
funding is available. Notwithstanding the preceding paragraph, CAP recognizes that funds for
payment for the services rendered must be appropriated through annual purchase orders, if
approved in advance by the City Commission. If such funds are not approved and appropriated,
the Agreement is void.
8.2 The City has a right to exercise a renewal option of one (1) additional two (2) year
tern, and CAP agrees to honor the current hourly rates. specified in this Agreement for such
tern.
9.0 TERMINATION BY CAP
9.1 CAP may terminate the Agreement if the Work is stopped for a period of thirty
(30) days through no act or fault of CAP, Subcontractor, Sub -subcontractor, their agents or
employees, or any other persons performing portions of the Work under the Agreement with
CAP, for any of the following reasons:
a. issuance of an order of a court or other public authority having
jurisdiction, or
b. an act of government, such as a declaration of national emergency, making
material unavailable or services unable to be rendered.
9.2 If one of the above reasons exists, CAP may, upon five (5 additional days' written
notice to the City, terminate the Agreement and recover from the City payment for Work
performed.
10.0 TERMINATION BY TIC CITY FOR CAUSE
10.1 The City may terminate the Agreement if CAP:
a. persistently or repeatedly refuses or fails to supply enough properly skilled
workers, proper equipment, materials, or fails to adhere to the schedule
established as adjusted from time to time pursuant to the terms of the
Agreement;
b. fails to comply with laws, ordinances, or rules, regulations or orders of a
public authority having jurisdiction, including the City;
c. commits any act or omission that evidences a lack of integrity or honesty or
which reflects negatively on the City, including but not limited to the
company of its owners, officers and agents being charged with any act of
moral turpitude or any environmental violation;
d. fails to obtain or maintain all insurance Coverage required in this Agreement;
or
e. otherwise is guilty of substantial breach of a provision of the Agreement.
10.2 When the City terminates the Agreement, CAP shall not be entitled to receive any
further payment until the Work is completed and approved by City
10.3 All damages, costs and charges incurred by the City, shall be deducted from any
monies due or which may become due to CAP. In case the damages and expenses so incurred by
the City shall exceed the unpaid balance, then CAP shall be liable and shall pay to the City the
amount of such excess.
10.4 If, after Notice of Termination or Suspension of CAP's right to proceed, it is
determined for any reason that CAP was not in default, the rights and obligations of the City and
CAP shall be the same as if the Notice of Termination had not been issued, pursuant to the
Termination for Convenience clause as set forth below.
11. TERMINATION BY THE CITY FOR CONVENIENCE
The Agreement may be terminated for convenience by City upon fifteen (15) days' advance
written notice to CAP and CAP's surety, if any (delivered by certified mail, return receipt
requested) of intent to terminate and the date on which such termination becomes effective. In.
such case, CAP shall be paid for all acceptable Work performed prior to termination and shall
not be entitled to any other costs, fees or payments.
12.0 DISPUTES, VENUE, WAIVER OF JURY TRIAL; ATTORNEY FEES.
12.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question
between the City and CAP arising out of, relating to or pertaining to this Agreement, or the
breach of it, or the services of it, or the standard of performance required in it, shall be addressed
by resort to non -binding mediation as authorized under the laws and rules of Florida; provided,
however, that in the event of any dispute between the parties, the parties agree to first negotiate
with each other for a resolution of the matter or matters in dispute and, upon failure of such
negotiations to resolve the dispute, the parties shall resort to mediation.
If mediation is unsuccessful, any such matter may be determined by litigation in a court
of competent jurisdiction. For any legal action arising out of or pertaining to this Agreement
shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County,
Florida, or the federal District Court in the Southern District of the United States. Each party
further agrees that venue of any action to enforce this Agreement shall be in Broward County,
0
Florida. In any litigation, the parties agree to each waive any trial by jury of any and all issues.
In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the
breach of it, or the standard of performance required in it, each party shall bear its own attorney
fees and costs.
12.2 Operations during Dispute. In the event that a dispute, if any, arises between the
City and CAP relating to this Agreement, or its performance or compensation, the Consultant
agrees to continue to render service in full compliance with all terms and conditions of this
Agreement as required by the City.
12.3 Legal Representation. It is acknowledged and agreed that each party to this
Agreement had the opportunity to be represented by legal counsel in the preparation of this
Agreement.
13.0 ASSIGNS; SUBCONTRACTS
CAP shall not delegate, assign, sublet, subcontract or transfer any duties or obligations
arising under this Agreement, without the prior written approval of the City.
14.0 NOTICES
Any notice required or permitted to be given by a party to this Agreement shall be
mailed or delivered to the other party at the addresses specified below:
To CITY: City of Dania Beach, Florida
Ana M. Garcia, ICMA-CM, City Manager
100 West Dania Beach Blvd.
Dania Beach, FL 33004
With a copy to: City of Dania Beach, Florida
Attw Thomas L Ansbro, City Attorney
100 West Dania Beach Blvd.
Dania Beach, FL 33004
To CAP: C.A.P. Government, Inc.
Carlos, A. Penin, President
100 Southeast 12' Street
Fort Lauderdale, Florida 33316
15.0 GENERAL PROVISIONS
In case any one or more of the provisions contained in thus Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
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unenforceability shall not affect any other provision of this Agreement, and this Agreement shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
15.1 This document constitutes the sole and only Agreement of the parties and
correctly sets forth the rights; duties, and obligations of each to the other. Any prior agreement,
promise, negotiation or representation not expressly set forth in this Agreement is of no force and
effect. Each party agrees to perform any further acts and to execute and deliver any further
documents, which may be reasonably necessary to carry out the provisions of this Agreement.
15.2 Each person signing the Agreement represents and warrants that he or she is duly
authorized and has the legal capacity and authority to execute and deliver this Agreement. Each
party represents and warrants to the other that the execution and delivery of the Agreement and
performance of such party's obligations have been duly authorized and are binding on such party
and enforceable in accordance with its terms.
15:3 All rights granted to either of the parties shall be cumulative, and no exercise or
failure to exercise by either of the parties of any right under this Agreement shall restrict or
prejudice the exercise of such right or any other right granted by this Agreement or otherwise
available as part of it.
15.4 The failure by either party to enforce, at any time or for any period, any one or
more of the terms or conditions of this Agreement, shall not be a waiver of them or of the right
of a party at any time subsequently to enforce all terms and conditions of this Agreement.
15.5 Each of the parties shall pay its own costs and expenses incurred by it in
connection with any aspects of preparation of this Agreement.
15.6 All portions of the solicitation materials which are not in conflict with the
provisions of this Agreement are made a part of and are incorporated into this Agreement by this
reference.
16.0 PUBLIC RECORDS LAW
16.1 Contractor agrees to keep and maintain public records in Contractor's possession
or control in connection with Contractor's performance under this Agreement. Contractor
additionally agrees to comply specifically with the provisions of Section 119.0701, Florida
Statutes. Contractor shall 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 Agreement, and following completion of the Agreement until the records are
transferred to the City.
16.2 Upon request from the City custodian of public records, Contractor shall 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 by Chapter 119, Florida
Statutes, or as otherwise provided by law.
11
16.3 Unless otherwise provided by law, any and all records, including but not limited
to reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the City.
16.4 Upon completion of the Work of this Agreement or in the event of termination by
either party, any and all public records relating to the Agreement in the possession of the
Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by City shall be delivered to the City in a
format that is compatible with the City's information technology systems. Once the public
records have been delivered upon completion or termination of this Agreement, the Contractor
shall destroy any and all duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements.
16.5 Any compensation due to Contractor shall be withheld until all records are
received as provided in this Article.
16.6 Contractor's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
Section 119.0701(2)(a), Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 11% FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS.
Custodian of Records:
Mailing Address:
Telephone number:
THOMAS SCHNEIDER, CMC
CITY CLERK
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
954-924-98009 Ext. 3623
Email: tschneider(a)daniabeachfl.¢ov
12
IN WITNESS OF THE FOREGOING, the parties executed this Agreement effective
on the date first above written.
CITY:
�!A, 8 CITY OF DANIA BEACH,
ATTEST: QQ C;y a Florida Municipal Corporation
THOMAS SCHNEIDER, CMC q®l/g lein L L EN
CITY CLERK MAYOR
APPROVED FOR FORM ��-
AND CORRECTI�]ESS: ANA M. GARCIA, ICMA-CM
.� .• 1 /i CITY MANAGER
J.
CITY
13
WITNESSES:
jp�j�LT L2�o,-�a_s
PRINT Name
STATE OF FLORIDA)
COUNTYOF Miami -Dade
C.A.P. GOVERNMENT, INC.
a Florida corporpOW
g1k ) /
l/u—
Signature
Carlos A. Penin, PE
PRINT Name
President
Title
The foregoing instrument was acknowledged before me by means of ® physical
presence or by ❑ online notarization, on April, 28th , 2020, by Carlos A. Penin, as
President of C.A.Y. Government Inc., a Florida corporation, on behalf of the corporation. He/she
is personally known to me or has produced
Nolory Public Sre1 of Florida
Monica De Caalro
My Commlulon GG 241502
o, Expires 07125/2022
My Commission Expires: 0'?l 151d4da
14
identification.
014n�_ k0u,749
Notary Public, State of -Florida
Main.. DP cas -ro
Print Name
EXHIBIT "A"
DISCIPLINE HOURLY RATES OT HOURLY RATES
INSPECTOR
Structural
$81.75
$106.00
Mechanical
$81.75
$106.00
Electrical
$81.75
$106.00
Plumbing
$81.75
$106.00
PLAN REVIEWERS
Structural
$92.65
$120.50
Mechanical
$92.65
$120.50
Electrical
$92.65
$120.50
Plumbing
$92.65
$120.50
CHIEFS
Structural
$93.50
$121.50
Mechanical
$93.50
$121.50
Electrical
$93.50
$121.50
Plumbing
$93.50
$121.50
BUILDING OFFICIAL
Building Official
$109.00
$125.00
OTHER RELATED SERVICES
Flood Plain Mgmt.
$92.65
$120.50
Engineering
$95.65
$124.50
Landscape
$81.75
$106.00
Zoning
$81.75
$106.00
Administrative
$45.00
$50.00
Project Manager
$140.00
$188.50
Project Engineer
$125.00
$162.50
Project Archite et
$125.00
$162.50
Electronic Plan
Review*
$105.00
$136.50
rr Services
$105.00
$136.50
Code Compliance
$75.00
$97.50
*Electronic Plan Review includes CAP providing the hardware and software to perform
Electronic plans review and mobile inspection services using the CAP portal.
15
UUMIT "B"
RATE SCHEDULE EFFECTIVE
JUNE 17, 2020 THROUGH RUNE 16, 2021
Plan Reviewer & Inspectors:
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 1 of 1
A`CO'Rbr CERTIFICATE OF LIABILITY INSURANCE
V
°"�'M09/O/20196/2019'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EMEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions Of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER
Willie of Florida, Inc.
0/0 26 Century Blvd
NAME CONTACT
PHONE 1-877-995-7378 FAX 1-888-467-237B
Ed1AIL
ADDRES CBYtlfiaaEaewWi111B.00m
P.O, sox 305191
Nashville, TH 372305192 USA
INSURER AFFORDINGCOVERAGE
NAICd
INSURRA: Charter Oak Fire Inaureaue Company
25615
INSURED
C.A.P. sovarrwent, xnc.
393 Almeria Avevue
INSURERS: Travel—B Property Casualty Company of Me
25674
Bndurance American Specialty rn
INSURER C: SP IY Insurance Co
41718
INSURER D:
Coral Sables, FL 33134
INSURER E
INSU0.ER F:
COVERAGES CERTIFICATE NUMBER: W12504818 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPEOFINSURANCE
ADD
SUBR
POLICYNUMBER
POLICY EFF
0
POLICY Ex'
MMIOD
UNITS
X
COMMERCIALGENERALLIABILITY
a OCCUR
EACH OCCURRENCE
$ 11000,000
-ISAIVAGCLAIMS-MADE ETO RE TED
PREMISES Ea occunenca
$ 300,000
MED EXP one arson
$ 5,000
A
y
y
P- 66 0 - 9N8 93 4 8 0 - COF- 19
09/03/2010
09/05/2020
PERSONAL A ADV INJURY
$ 1,000,000
AGGREGATE LIMIT APPLIES PER
POLICY �JEE( LOC
GRERALAGGREGATE
E 2,000,000
GENT
PRODUCTS-COMPIOPAGG
$ 2,000,000
$
OTHER
AUTOMOBILELMBILRY
COMBINED SINGLE LIMIT
En accident
$ 1,000,000
X
BODILY INJURY (Par person)
E
ANY AUTO
a
OWNED SCEDULED
AUTOS ONLYHIWHOS
HIRED NON-0WNED
ONLYAUTOS ONLY
y
y
P-810-9N903103-TIL-19
09/05/2019
09/05/2020
BODILY INJURY Peraoddenl
$
X
PROPERTY DAMAGEAUTOS
den
$
a
X
UMBRELLALIAB
X
OCCUR
EACH OCCURRENCE
E 5,000,000
AGGREGATE
$ 51000,000
EXCESS LIAR
CLAIMS -MADE
CUP-9N909144-19-43
09/05/2019
09/DS/2020
DED I X I RETENTION$ 10, 000
$
H
WORKERS STION
ANDEMPLOY RS LIAB LRY YIN
ANYPROPRIETORNARTNERIEXECUTIVE No
OFFICERIMEMBEREXCLUDED7
(Mandatory In NH)
/(yes, describe under
DESCRIPTON OF OPERATIONS balm
NIA
y
ifB-9NS95080-19-43-0
09/OS/1019
o9/OS/7070
X STA E ER
E.L. EACH ACCIDENT
$ 11000,000
E.L. DISEASE -FA ENIPLOYEE
$ 1,000,000
E.L.DISEASE-POLICYLIMIT
$ 1, 000, 000
C
Brrora 6 Cmissions
DFL IDOOSS02005
09/OS/2019
09/05/2020
Design Prof Liabilit)
$3,000,000
Claims Ned.
Network Security/Pri
$1,000,000
Retro Date: 09/06/1996
Retention
$75,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, AddhIonal Remedus Schedule, may be attached lfmorespace Is required)
RE: Name of Contraatl City of Dania Beach -Request for Proposals for Building Department Bervices-REF No. 19-010
City of Dania Beach, as Contractor, is an Additional Insured as respects General Liability and Auto Liability when
required by written contract subject to the terms, conditions and exclusions of the policy. General Liability is
primary and non-contributory when required by written contract subject to the terse, conditions and exclusions of the
policy. Waiver Of Subrogation as respects General Liability, Auto Liability Bud Worker's Compensation in favor of
Additional Insured when required by Written contract, me permitted by law.
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, M 33004
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
®1988-2016 ACORD CORPORATION.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
BR m, 18401129 mT=, 1356631