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V i l l a g e o f K e y B i s c a y n e
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M I S S I O N S T A T E M E N T " T o P r o v i d e A S a f e O u a l i t v C o m m u n i t y E n v i r o n m e n t F o r A l l I s l a n d e r s T h r o u s a h R e s o o n s i b l e G o v e r n m e n t "
VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
ENGINEERING, BUILDING OFFICIAL AND CODE ENFORCEMENT
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 13th day of August,
1992, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE")
and C.A.P. Engineering Consultants, Inc., 4848 SW 74th Court,
Miami, Florida 33155, a corporation, (the "CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform certain
Engineering and Code professional services as specifically
described in Exhibit A to this Agreement ("Specified Services").
The CONSULTANT wants to provide such Specified Services.
In consideration of the mutual covenants set forth in this
Agreement, the parties agree as follows:
1. SCOPE OF SERVICES
The CONSULTANT agrees to provide Specified Services upon
written request from the Village Manager as outlined in the
Contract for Proposal dated July 21, 1992 for professional
Engineering, Building Official and Code Enforcement Services for
the Village.
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the VILLAGE for specified
Services provided in accordance with the fee schedule attached as
Exhibit B.
3. TERM
The term of this Agreement is until terminated pursuant to
paragraph 8.
4. GENERAL TERMS AND CONDITIONS
All originals sketches, tracings, drawings, computations,
details, design calculations, work papers and other documents and
plans that result from the CONSULTANT providing specified services
shall be the property of the VILLAGE. Upon termination of this
Agreement or upon request of the VILLAGE during the term of this
Agreement, any and all such documents shall be delivered to the
VILLAGE by the CONSULTANT.
5. INSURANCE
The CONSULTANT shall at all times carry professional liability
insurance, worker's compensation insurance, public liability and
property damage insurance, and automotive public liability and
property damage insurance with minimum policy limits in the amount
of One Million Dollars ($1,000,000) per occurrence.
The Village shall be named as an additional insured on all of the
above insurance policies. Each insurance policy shall state that
it is not cancellable without written notice to the VILLAGE 30 days
prior to the effective date of said cancellation.
6. ASSIGNMENT
This Agreement shall not be assignable by the CONSULTANT.
7. PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained
any company or person, other than a bona fide employee working
solely for the CONSULTANT, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any person(s), company,
corporation, individual or firm, other than a bona fide employee
working solely for the CONSULTANT any fee, commission, percentage,
gift, or any other consideration, contigent upon or resulting from
the award or making of this Agreement unless approved by the
Manager of the Village of Key Biscayne.
8. TERMINATION
This Agreement may be terminated by the VILLAGE upon ten
days' written notice with or without cause and by the CONSULTANT
upon 45 days' written notice with or without cause. If this
Agreement is terminated, the CONSULTANT shall be paid in accordance
with the provisions of Exhibit B for all acceptable work performed
up to the date of termination.
9. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONSULTANT pursuant to
this Agreement shall be nonexclusive and nothing herein shall
preclude the VILLAGE engaging other firms to perform the same of
similar services for the benefit of the VILLAGE within the
VILLAGE'S sole and absolute discretion.
10. ENTIRE AGREEMENT
The parties hereby agree that this is the entire agreement
between the parties. This Agreement cannot be amended or modified
without the express written consent of the parties.
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11. WARRANTIES OF CONSULTANT
The CONSULTANT hereby warrants and represents that at all
times during the term of this Agreement it shall maintain in good
standing all required licenses, certifications and permits required
under Federal, State and local laws necessary to perform the
Specified Services.
12. ATTORNEY'S FEES
In connection with any litigation arising out of this
Agreement, The VILLAGE shall be entitled to recover reasonable
attorney's fees and costs.
13. NOTICES
All notices and communications to the VILLAGE shall be in
writing and shall be deemed to have been properly given if
transmitted by registered or certified mail or hand delivery. All
notices and communications shall be effective upon receipt. Notices
shall be addressed as follows:
Village:
With a copy to:
Consultant:
C. Samuel Kissinger
Village Manager
Village Of Key Biscayne
85 West McIntyre Street
Key Biscayne, FL 33149
Richard Jay Weiss, Esq.
Village Attorney
Weiss Serota & Helfman, P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
Carlos A. Penin, P.E., President
C.A.P. Engineering Consultant, Inc.
4848 SW 74th Court
Miami, Florida 33155
14. GOVERNING LAW
This Agreement shall be construed in accordance with the
laws of the State of Florida.
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IN WITNESS WHEREOF, the parties hereto have accepted, made
and executed this Agreement upon the terms and conditions above
stated on the day and year first above written.
CONSULTANT:
Carlos A. Penin, President
C.A.P. Engineering Consultants, Inc.
4848 SW 74th Court
Miami, Florida 33155
1-(305) 667-8484
By:
Attest
By:
VILLAGE:
VILLAGE OF KEY BISCAYNE
85 West McIntyre Street
Key Biscayne, FL 33149
Raael Conte
Mayor
Guido H. Inguan
Village Clerk
Authorized by Board of Trustees August 11, 1992
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C.A.P. Engineering Consultants, Inc.
July 21, 1992
EXHIBIT A
Mr. C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 W. McIntyre
Key Biscayne, Florida 33149
Qiat-px�c
Re: Professional. Contract Proposal for consulting Services for the
Village of Key Biscayne
Dear Mr. Kissinger:
C.A.P. Engineering Consultants, Inc. is proud to have been recommended
by your orrice and confirmed by the Village board of Trustees to
perform Professional Engineering, Building Official and Code
Enforcement Services for the Village or xey Biscayne at their July 14,
1992 meeting. We will herein provide you with our proposed Scope of
Services and a compensation package -for your review and approval. we
have, for the sake of clarity, divided all -of the services provided
under this Contract into three Categories as follows:
js Village Engineer / Pubic Works Director
The Scope of Services provided in this Category are those specified
in the Request for Proposal issued by the Village of Key Biscayne on
May 4, 1992, those described in Exhibit "A" (copy enclosed) of our
March 17, 1992 letter to you and any other services that may be deemed
necessary by your Office.
Compensation
The compensation for this Category shall be at an hourly rate of Sixty
Five ($65.00) Dollars under the Joh r]aaaification of Professional
Engineer P.E. in the Professional Service Fee Schedule enclosed and
made a part of this PropoeAl_ other services under this category will
be determined on a per case basis at the approved hourly rates.
In addition, we propose to provide all miscellaneous Engineering
telephone consultation services and attendance at the Regular Village
Board of Trustees Meetings, per your request. These services shall
be provided for a Lump Sure Fee of Five Hundred ($500) Dollars par
month.
S Village Building Official / Code Enforcement Officer
The Scope of Services provided in this Category are those specified
in the Request for Proposal icaucd by the Village of Key Biscayne on
May 4, 1992, those described in Exhibit "A" of our March 17, 1992
letter to you and other services as follows:
4848 S.W. 74th Court Miami, Florida 331E5 (305) 667-8484 Fax (306) 667-8539
ocZt
July 21, 1992
Mr. C. Samuel Kissinger
Re: Professional Contract Proposal for Consulting Services for the
Village of Key Biscayne
Page Two
A. Building Official shall provide the following services in
accordance with the South Florida Building Coda 4 Metropolitan
Dade County Board of Rules and Appeals:
1. Plan Review and Approvals.
2. Performs all mandatory inspections.
3. Issue Certificates of Completion and Occupancy.
4. Administer Flood Management requirements and maintain
record per guidelines of the National Flood Insurance
Program.
5. Perform notification and review of Recertification Report
for 40 year old structures per ordinance requirements.
6. Manage and supervise Building Department operations.
7. Respond to fire and other emergencies.
8. Represent the Village of key Biscayne at conferences and
official functions relative to Building Department
operations.
9. Maintain required continuing -education credits for Building
Official Certitication.
10. Respond to peak work load requirements as may be required.
B. Chief Code Enforcement Officer shall provide the following
services in accordance with the Code of Ordinances as adopted by
the village of Key Biscayne.
1. Patrol nn a regular basis.
2. Issue notices of violations as required.
3. Prepare agenda and cite violations to Code Eiirvrcerent
hearing before Special Master as required.
4. Attend two Code Enforcement hearings per month and offer
testimony on violations as required.
5. Respond to peak work load requirements as may be required.
Compensation
Full coverage for Building Official and Code Enforcement Officer as
required based on a minimum 20 hours per week and includes All hours
needed for peak periods. Compensation shall be based on an Annual
Lump Sum Fee of forty Six Thousand Sight dundred (46,800) Dollars.
III. zlectrjcat. Mechanical: F1umbina Officials and Permit Ind Code
gnforcement clerk:
A. Electrical, Mechanical and Plumbing Officials shall provide
services in accordance with the South Florida uuilding Code and
Metropolitan Dade County Board of Rules and Appeals as follows:
1. Plan review and approval
2. Perform all mandatory inspections
July 21, 1992
Mr. C. Samuel Kissing=
Re: Professional Contract Proposal for Consulting Services for the
Village of Key Biscayne
Page Three
111 Electrical, Mechanical, Plumbing Officials and Permit and Code
Enforveameut Clerk: (cont.)
B. Permit end Code Enforcement Clerk shall perform the following
services:
- 1. Provide support services to Building, Electrical,
Mechanical and Plumbing Officials and Code Enforcement
Officer.
2. Handle all Building Department and Code Enforcement
correspondence and issue Notices of Violations as required.
3. Accept Building Department and Code Enforcement questions
or complaints and direct to appropriate staff.
Compensation _
The compensation for this Category shall be at an hourly rate of
Thirty Five ($35.00) Dollars as shown in the Job Classification of
Electrical, Mechanical and Plumbing Officials in the Professional
Service Fee Schednle. The compensation for the Permit And Cade
Enforcement Clerk shall be at the Job Classification of the
Administrative Assistant. All of those services will bs performed on
an as needed basis.
It is our understanding that we shall be reimbursed for all out-of-
pocket expenses directly chargeable to the project. Typical
reimbursable expenses include, but are not limited to: mileage, tolls,
identifiable communication expenses, express/certified mail service,
courier services, photographs and reproduction costs.
We are excited at the possibility of continuing to work for the
Village of Key Biscayne as your CunulLditLs. On behalf of C.A.P.
Engineering Consultants, Inc., I wish to thank you for the opportunity
Le submit this Ptupudl. We will be ready to negotiate any of the
items presented above, if requested and will have the documentation
required in the Request for Proposal once this contract is executed.
If you have any questions or need additional information regarding
this matter, please contact me at your earliest convenience.
Very truly yours,
C.A.P. Engineering Consultants, Inc.
Carlos A. Penin, P.E. ACCEPTED:
President
GAP/lm
3000-2.PRP
DATE:
C. Samuel Kis j nger
village Manag
/1► Evanston Insurance Company
EVANSTON, ILLINOIS
Endorsement
Named Insured:
C.A.P. Engineering Consultants, Inc.
Policy No.: AE -700526
Endorsement No.: 1
Effective Date: December 23, 1991
CLAIM EXPENSES PART OF AND NOT IN ADDITION TO
LIMITS OF LIABILITY ENDORSEMENT
It is agreed that the policy is amended as follows:
1. Item 5 of the Declarations, LIMIT OF LIABILITY, is deleted and
replaced as follows:
5. LIMIT OF LIABILITY
The liability of the Company for each claim
including claim expenses under this policy
shall not exceed
and, subject to that limit for each claim,
the total limit of the Company's liability
for all claims including claim expenses
during the policy period shall not exceed
in the aggregate
$500,000
$500,000
2. INSURING AGREEMENTS III . , Limits of Liability, is deleted and
replaced as follows:
III. Limits of Liability. The liability of the company for loss
payment(s) and claim expenses for each single claim shall not
exceed the amount stated in the Declarations for "each single
claim", and subject to that limit for each single claim, the total
limit of the Company's liability for loss payments and claim
expenses for all claims during the policy period shall never
exceed the amount stated in the Declarations as "aggregate".
The inclusion herein of more than one Insured or the making of
claims or the bringing of suits by more than one person or
organization, shall not operate to increase the limit of the
Company's liability for each single claim and in the aggregate.
EIC 1151 1/85 Page 1 of 2
0' J Evanston Insurance Company
_,d EVANSTON, ILLINOIS
Endorsement
3. INSURING AGREEMENTS V., Defense, Settlement, Cooperation,
Supplementary Payments, is deleted and replaced as follows:
V. Defense, Settlement, Cooperation, Supplementary Payments.
(a) The Company shall defend any suit against the Insured
seeking damages to which this Policy applies, even if any
of the allegations of the suit are groundless, false or
fraudulent and it is agreed the the Company may make
such investigation and settlement of any claim or suit as
they deem expedient, but the Company shall not be
obligated to pay any claim or judgment or to defend any
suit after the applicable limit of the Company's liability has
been exhausted.
(b) The Company shall not settle any claim without the consent
of the Insured. If, however, the Insured shall refuse to
consent to any settlement recommended by the Company
and shall elect to contest the claim or continue any legal
proceedings in connection with such claim, then the
Company's liability for the claim shall not exceed the
amount for which the claim could have been so settled
including claims expenses incurred up to the date of such
refusal. Such amounts are subject to the provisions of
paragraphs III and IV of the Insuring Agreements.
(c) Subject to the Named Insured's obligation to pay his
deductible as set forth in paragraph IV hereof which
includes an obligation to pay loss payments and claims
expenses, the Company shall pay claims expenses and fees
and expenses of independent adjusters incurred with the
consent of tae -Company subject to the applicable limits of
liability.
Accepted by:
2//Opz
(Owner, artner or Officer of the Insured) (Date)
Page 2 of 2
All other terms and conditions remain unchanged
EIC 1151 1/85
Authorized Representative
SCOPE 07 SERVICE,
A) Village Engineer / Vijlage $ub1ic Works Director.:
• Coordinate with Dade County, Public Works Department (DCPWD),
Miami -Dade Water and Sewer Authority (WASA) Department,
Department of Environmental Resources Management (DERM), Florida
Department of Transportation (FDOT), the Environmental '
Protection Agency (EPA) rind other Engineering and Environmental
Agencies as it relates to matters of Engineering.
• Attend regular Council Meetings and report on areas of concern
to the Village. We would also provide the technical support in
meetings with the Mayor, Trustees, village Manager, Village
Attorney and other governmcnt agoncies.
• Assist in speuiel projects and provide input in matters relating
to Concurrency and regulatory compliance in connection with:
Water, sewer, Roadway, Siyudlization, Traffic Impact, Storm
Drainage and Solid Waste Management, Collection & Recycling.
• Prepare Five (5) Year Master Plans on a GIS Program for
infrastructure improvements such as drainage, sidewalk repair
and replacement and street resurfacing.
• We would review Municipal Engineering projects that are
submitted to the DCPWD, DERM and Miami -Dade WASA, but are within
the jurisdiction of the Village. Our comments would address any .
concurrency impacts to the city.
B) Village Building and zoning Director
• To provide zoning expertise in receiving and processing
Administrative Variances, Permit Applications and preparing
recommendations for Approval/Denial to the Village of Key
Biscayne Board of Trustees. Also would develop and implement
new Zoning Ordinances as adopted by the Board of Trustees. '
• To provide building _expertise in receiving and= processing
Building Permits, performing insrart_icns per the South Florida
Building Code and issuing Certificates of Occupancy for final.
construction. Also would perform 40 Year Re-CRrtification of
Structures per Dade County Ordinance No. 75-34.
• To provide Code Enforcement Services for work being performed
without a Pcrr+it, Village Coda Violations, Building Violations
and contracting Violations. These services include issuing
Noticoc of Violation, Citations, collections of f i na s and filing
of Liens on Non -Compliant Owners.
• To perform Building Inspections in connection with Certificate
of use and Occupancy Licenses for new and rnnnwable business and
commercial occupancies.
All of the work described in Sections A) & B) above will be performed
according to all State and County Codes and Specifications and with
the Dade County Board of Rules and Appeals.
EXHIBIT "A"
EXHIBIT B
PROFESSIONAL SERVICE FEE SCHEDULE
Village of 1Cey Biscayne
Job ClassifigatioA Hourly Rate
Principal $100.00
Project Manager $ 80.00
Professional Engineer (P E ) $ 65.00
Project Engineer $ 65.00
Project Architect , . . . . $ 65.00
A/E Designer $ 55.00
CAD Technician $ 45.00
Field Inspector $ 40.00
Electrical, Plumbing & Mechanical Officials $ 35.00
Administrative Assistant $ 30.00
Clerical $ 25.00
Reimbursable Expenses For _item
Photocopies $ 0.15/ Copy
Blueprints (24"X 36") $ 0.90/ Sheet
Reproducibles (Sepias) $ 9.00/ Sheet
Reproducibles (Mylars) $15.00/ Sheet
C.A.D. Plots $20.00/ Sheet
Automobile Travel $ 0.25/ Mile
out -of -Pocket . Cost + 10%
Reviiedt January 1, 1992
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