2004-25502 Reso
RESOLUTION NO. 2004-25502
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS
VOTE, THE COMPETITIVE BIDING REQUIREMENTS, FINDING
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH M.T. CAUSLEY, INC., IN AN
AMOUNT NOT TO EXCEED $130,000, FOR PROVIDING
BUILDING AND TRADES INSPECTION AND PLAN REVIEW
SERVICES, AS OUTLINED IN THE FLORIDA BUILDING CODE
AND AS OUTLINED IN THE AGREEMENT, ON AN AS-NEEDED
BASIS, UNTIL SUCH TIME THAT THE CURRENT VACANCIES IN
THE BUILDING DEPARTMENT ARE FILLED, AND INSPECTION
AND PLAN REVIEW SERVICES CAN BE COMPLETELY
PROVIDED BY CITY STAFF.
WHEREAS, the Administration, on December 1, 2003, entered into a Professional
Services Agreement with M.T. Causley, Inc. for providing building and trades inspection
and plans review services, on an as-needed basis, for an amount not to exceed $25,000;
and
WHEREAS, the invoice for the services provided by M.T. Causley, Inc. under the
former Agreement has reached its existing $25,000 limitation; and
WHEREAS, the Building Department has current vacancies for inspector and plans
review positions and is unable to meet the current demand; and
WHEREAS, a recruitment process is underway for the vacant positions, and some
positions like Mechanical Inspector are difficult to fill and may require a lengthy period
before the recruitment process is completed; and
WHEREAS, in order to continue services without interruption to the public, it is
necessary to approve and execute the attached new Professional Services Agreement
with M.T. Causley, Inc., in an amount not to exceed $130,000; and
WHEREAS, the services will be provided for an hourly rate of $65, until such time
that the current vacancies are filled and inspection and those plans review services can be
provided by City staff; and
WHEREAS, it is therefore recommended that the Mayor and City Commission
waive, by 5/7ths vote, the competitive biding requirement, finding such waiver to be in the
best interest of the City; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission waive, by 5/ihS vote, the competitive biding requirements, finding such waiver
to be in the best interest of the City, and authorize the Mayor and City Clerk to execute a
Professional Services Agreement with M.T. Causley, Inc., in an amount not to exceed
$130,000, for providing inspection and plan review services on an as-need basis, at the
hourly rate of $65, until such time that the current vacancies are filled, and inspection and
plan review services can be completely provided by City staff.
PASSED and ADOPTED this 25th day of February, 2004.
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CI
JMG/CMC/PAlHD
T:\AGENDA\2004\Feb2504\Consenl\mtcausley2004.RES.doc
CITY OF MiAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A Resolution waiving, by 5/7ths vote, the competitive bidding requirements, finding such waiver to be in the
best interest of the City, and authorizing the Mayor and City Clerk to execute an Agreement with MI.
Causley, Inc. for providing building and trades inspection and plan review services, as outlined in the
Florida Building Code and as outlined in the Agreement, on an as-needed basis, until such time that the
current vacancies in the building department are filled, and inspection and plan review services can be
com letel rovided b the Ci staff.
Issue:
Shall the Mayor and City Commission authorize the execution of the Agreement with MI. Causley, Inc.?
Item SummarY/Recommendation:
On December 1, 2003, the Administration entered into a professional services agreement with MI. Causley,
Inc., for an amount not to exceed $25,000, to provide inspection and plan review services for the Building
Department in disciplines where the existing number of City staff can not provide appropriate level of
service due the current number of inspector position vacancies and the difficulties in recruiting qualified
personnel to fill those positions. However, the invoices for the services provided by MI. Causley, Inc. to
date has reached its existing $25,000 limitation.
While the recruitment process for vacant positions is well underway, in order to continue providing services
without interruption, and not adversely impact the services to the public, it is necessary to contract with MI.
Causley, Inc. to provide the services on an as-needed basis, for an hourly rate of $65, until such time that
the current vacancies are filled and inspection and plan review services can be completely provided by City
staff.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of
Funds:
D
Finance Depl.
Ci Clerk's Office Le islative Trackin
Phil Azan/Hamid Dolikhani
T:\AGENDA\2004\Feb2504\Consent\mtcausley2004.5UM.doc
AGENDA ITEM
DATE
C7P
~-~yOf
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: February 25, 2004
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez 1-. --< /
City Manager t v- 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE
COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO
BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MT.
CAUSLEY, INC. FOR PROVIDING BUILDING AND TRADES INSPECTION
AND PLAN REVIEW SERVICES, AS OUTLINED IN THE FLORIDA
BUILDING CODE AND AS OUTLINED IN THE AGREEMENT, ON AN AS-
NEEDED BASIS, UNTIL SUCH TIME THAT THE CURRENT VACANCIES
IN THE BUILDING DEPARTMENT ARE FILLED, AND INSPECTION AND
PLAN REVIEW SERVICES CAN BE COMPLETELY PROVIDED BY THE
CITY STAFF.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available from the salary savings of the unfilled positions.
BACKGROUND
On December 1, 2003, the Administration entered into a professional services agreement
with Mt. Causley, Inc., for an amount not to exceed $25,000, to provide inspection and plan
review services for the Building Department in disciplines where the existing number of City
staff can not provide the appropriate level of service due to the current number of inspector
position vacancies and the difficulties in recruiting qualified personnel to fill those positions.
The invoices for the services provided by Mt. Causley, Inc. to date have reached the
$25,000 limitation for City Manager approval.
Currently, there are 10 inspector position vacancies in the Building Department, and the
recruitment process to fill these positions is well underway. However, some positions like
the Mechanical Inspector, due to the demand in the market and the limited number of
qualified individuals available, are very difficult to fill and may require extended period of
time before a candidate is successfully recruited.
Commission Memorandum
Mt. Causley, Inc. Agreement
February 25, 2004
Page 2
In order to continue providing services without interruption, and not adversely impact the
services to the public, it is necessary to contract with Mt. Causley, Inc. to provide the
services on an as-needed basis, for an hourly rate of $65, until such time that the current
vacancies are filled and inspection and plan review services can be completely provided by
City staff.
JMG/CMC/PA/HD
T:\AGENDA\2004\Feb2504\Consenl\JTtcausley2004.MEM.doc
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement is entered into this 1 st day of March 2004,
between M.T. Causley, Inc., located at 97 N. E. 15th Street, Homestead, Florida
33030, hereinafter referred to as the "Consultant", and the City of Miami Beach,
Florida, located at 1700 Convention Center Drive, Miami Beach, Florida 33139,
hereinafter referred to as the "City".
A. TERM OF PROFESSIONAL SERVICES AGREEMENT
The initial term of this Agreement shall commence on the 1st day of March 2004,
and end on February 28, 2005.
B. SCOPE OF SERVICES
The Consultant will provide plumbing, electrical or mechanical inspection and
plans review services, as outlined in the Florida Building Code, and as
referenced herein. There are no specific projects to be designated under the
Professional Services Agreement. The Consultant shall be issued Service
Orders by the City of Miami Beach Building Department Director as the need for
services arises. The Service Order shall cover in detail the scope, time for
completion, and the compensation for the work to be accomplished. No services
under the Agreement shall be performed by the Consultant prior to the receipt of
an appropriate Service Order.
All personnel proposed for performing services under the terms of this
Agreement shall meet the Minimum Qualifications in accordance with the Florida
Statutes and the Code of the Miami-Dade County. The Minimum Qualifications
of the personnel assigned, and the tasks to be performed are as follows:
Minimum Qualifications:
Requires that the individual meet the requirements of Chapter 8, Section 20-32 of
the Code of the Miami -Dade County, which is as follows:
A Master Plumber, Electrician or Mechanical having held a certifications by
Miami-Dade County Construction Trades Qualifying Board for a period of at least
5 years and having 5 years of field experience under that certification; OR
A State Certified Plumbing, Electrical or Mechanical Contractor having held
certification by the Florida Construction Industry Licensing Board for a period of
at least 5 years and having 5 years experience under that license; OR
A Florida Licenses Professional Engineer having obtained a license pursuant to
examination in the electrical or mechanical discipline and having had 5 years of
field experience under that license.
Provisional/Standard Plumbing, Electrical or Mechanical Inspector & Plans
Examiner certifications from the Florida Board of Code Administrators and
Inspectors.
The professional license and certifications required herein must be current and in
good standing with the Florida Department of Business and Professional
Regulation and the Miami-Dade County with no pending complaints.
TASKS:
. Conduct technical field inspections of buildings, equipments and installations
during various phases of plumbing construction, installation and operation
and grant inspection approvals, if found in compliance with applicable codes
and regulations, and provide written comments, if found not in compliance
with applicable codes and regulations.
. Review plumbing, electrical or mechanical installation plans, specifications
and materials listed for residential and commercial projects, and grant
approvals, if found in compliance with applicable codes and regulations, and
provide written comments, if found not in compliance with applicable codes
and regulations.
. Evaluate alternate methods, procedures, materials and products for
compliance with the South Florida Building Code or the Florida Building Code
requirements, whichever is applicable, depending on the date of the
application or construction.
. Approve or disapprove proposed plans in accordance with the applicable
Code and other regulatory requirements and discuss disapproved items with
architects, engineers, contractors and/or owner builders to obtain plan
changes necessary for approval.
. Render information concerning the applicable Code and make interpretations
of its contents. Make decisions as to the feasibility of deviations from the
Code under various conditions.
. Perform related work as required.
C. COMPENSATION
The Consultant shall provide the City with monthly invoices for orders received
and completed. The total hours charged for review of each project shall be in
conformance with the normal industry standards. The effective hourly rate for
review shall not exceed sixty five dollars ($65) per hour, depending on the
qualification of personnel assigned.
The City may request additional services, and if any are so requested, they shall
be agreed upon by both parties hereto, prior to commencement of same, through
a written amendment hereto.
Notwithstanding the preceding paragraphs, Consultant's compensation for
services to be rendered during the term of this Agreement shall not exceed the
total amount of $130,000.
D. DESIGNATION OF DUTIES
The Consultant shall receive requests for services to be performed from the City
Manager or his designee.
E. CONFIDENTIALITY
Subject to applicable Florida law, the Consultant shall not disclose, publish or
authorize others to publish specifications, reports or other information pertaining
to the work assigned to the Consultant by the City without the prior written
approval of the City. Upon the expiration or termination of this Agreement, the
Consultant agrees to return all reports, specifications, data and other material
obtained by the Consultant from the City in connection with the performance of
this Agreement, and Consultant's obligation to do same shall be a condition
precedent to City's obligation to make any outstanding and/or final payment
which may be due Consultant.
F. WARRANTY
The Consultant expressly agrees that all of its duties, services and
responsibilities under this Agreement shall be performed in accordance with the
standard of care normally exercised by consultants performing similar services
as those contemplated herein. In addition, Consultant represents that it is
experienced and fully qualified to perform the Scope of Services and tasks
contemplated by this Agreement, and that it is properly licensed pursuant to
applicable laws, rules and regulations to perform such services.
G. TERMINATION
This Agreement may be terminated for convenience of either party by giving
written notice to the other party of such termination, which shall become
effective five (5) days following receipt by the other party of the written
termination notice. In the event of such termination for convenience by the
City, Consultant shall be paid a sum equal to all payments due to it up to the
date of termination of Agreement, provided Consultant is continuing to
provide all services up to the date of termination, and further that Consultant
has complied with the return of all materials pursuant to paragraph E.
H. MISCELLANEOUS
1. It is the mutual intent of the parties that the Consultant shall act strictly in a
professional consultant capacity as an independent contractor for all
purposes and situations and shall not be considered an agent or employee of
the City, and shall not attain any rights or benefits under the Civil Service or
Pension Ordinance of the City or any rights generally afforded classified or
unclassified employees. Further, it shall not be deemed entitled to Florida
Worker's Compensation benefit as an employee of the City, or accumulations
of sick leave.
2. In consideration of a separate and specific consideration of $10.00 and other
good and valuable consideration the receipt of which is hereby
acknowledged, the Consultant hereby agrees to indemnify, defend and hold
the City and its employees, agents and authorized representatives harmless
with respect to any and all costs, claims, damages, and liability which may
arise out of the performance of this Agreement as a result of any negligent
acts, errors or omissions of the Consultant, the Consultant's subconsultants,
or any other person or entity under the direction or control of the Consultant.
3. This Professional Services Agreement may only be amended upon the written
consent of both parties, as evidenced by authorized amendment, in writing, .
executed by both parties.
4. This Agreement shall be enforceable in Miami-Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of
any or all of the terms or conditions herein, exclusive venue for the
enforcement of same shall be in Miami-Dade County.
I. NOTICES
All notices under the term of this Agreement shall be sent to the following:
To Consultant:
Michael Causley, President
M.T. Causley, Inc.
97 N. E. 15th Street
Homestead, Florida 33030
To City:
Phillip Azan, Building Director
Building Department
City of Miami Beach
1700 Convention Center Drive, 2nd Floor
Miami Beach, Florida 33139
IN WITNESS WHEREOF, the parties have caused this Professional Services
Agreement to be executed by their undersigned officials as duly authorized this
day.
CITY
CONSULTANT
A~ ~ PiUcL-
Robert Parcher, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION