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HomeMy WebLinkAboutReso 2014-2180RESOLUTION NO. 2014 - _� 1'2 p A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH SICNAMERICA, INC., TO PAINT AN ADDITIONAL SIXTY -ONE STREET LICHT POLES, IN AN AMOUNT OF TWENTY -FOUR THOUSAND FIVE HUNDRED TWENTY -FIVE DOLLARS ($24,525.00) FOR A TOTAL AMOUNT NOT TO EXCEED FORTY -NINE THOUSAND ONE HUNDRED SIXTY -FIVE DOLLARS ($49,165.00), ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach was in need of sixty (60) street light poles prepped and repainted in black glass enamel paint and entered into an Agreement on October 23, 2013 with Signamerica, Inc. in a total amount not to exceed Twenty -Four Thousand Six - Hundred Forty Dollars ($24,640.00): and WHEREAS, the City is now in need of sixty -one (61) additional street light poles prepped and repainted in black glass enamel paint; and WHEREAS, the City wishes to enter into the First Amendment to the Agreement with Signamerica, Inc. to prep and repaint an additional sixty -one (61) street light poles in black glass enamel paint in an amount of Twenty -Four Thousand Five Hundred Twenty -Five Dollars ($24,525.00), bringing the total contract amount not to exceed Forty -Nine Thousand One Hundred Sixty -Five Dollars ($49,165.00), attached hereto as Exhibit "A ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of First Amendment to Agreement. The City Commission hereby approves the First Amendment to the Agreement with Signamerica. Inc. to prep and repaint sixty -one (61) street light poles in black glass enamel paint, in an amount not to exceed Twenty -Four Thousand Five Hundred Twenty -Five Dollars ($24,525.00), attached hereto as Exhibit `'A ". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. R2014- Signamerica 1st Amd to AgmI Streetlight Poles Page I o1'2 PASSED AND ADOPTED this 16`l' day of JanC �"' ATTEST: a ines, MMC, City Clerk APPROVED AS TO FORM ANDIWA, SAJFFICIENCY: tinot, Clty Attorney Vote: 5- Mayor Edelcup (Yes) Vice Mayor Aelion ✓(Yes) Commissioner Gatto Yes) Commissioner Levin ✓ Yes) Commissioner Scholl Yes) Moved by: Ct" Seconded by: t` v RSC.► —�O� R2014- Signamerica 1 st Amd to Agml Streetlight Poles Page 2 of 2 (No) (No) (No) (No) (No) SUNNY S[ U/F Fs In FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND F oP,aP SIGNAMERICA, INC. °` _° ` °5 CONTRACT NO. C1314 -015 This First Amendment to the Agreement between the City of Sunny Isles Beach ( "City ") and Signamerica, Inc., ( "Contractor ") executed this _L(o�day of January, 2014, is made a part of the original Agreement C1213-082 ( "Agreement "), dated October 23, 2013, between the City of Sunny Isles Beach ( "City ") and Signamerica, Inc., ( "Contractor ") attached hereto as Attachment "B" whose Federal Identification # is 32- 0082552. The City and Contractor hereby agree as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED. Section 3 of the original Agreement is hereby amended to include additional services to be performed by Contractor to include an additional sixty one (61) street light poles prepped and repainted in black glass enamel paint ( "Additional Services "), as set forth in Contractor's proposal, a copy of which is attached hereto and incorporated herein as Attachment "A ". Contractor agrees to perform the Additional Services at the same unit price as provided in the original Agreement. 2. ADDITIONAL COMPENSATION. The payments to the Contractor, as set forth in Section 5 of the original Agreement, is hereby amended to include additional compensation for the Additional Services in an amount not to exceed Twenty Four Thousand Five Hundred and Twenty Five Dollars ($24,525.00) for a total contract amount of Forty -Nine Thousand One Hundred and Sixty Five Dollars ($49,165.00). Full payment to Contractor will be made upon completion of the additional services and presentation of an invoice. 3. TERM. The Additional Services shall commence upon issuance of a notice to proceed by the City Manager or his designee and shall be completed no later than six (6) weeks. 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated October 23, 2013, shall remain in full force and effect. 5. CONFLICTING PROVISIONS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, or any document or events referred to herein, or otherwise incorporated by reference, the term, statement, requirement, or provision contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "A ", or Attachment "B ". IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNIi:,SS: i�na re f/ Print Name SIGNAMERICA, INC. Zahoor arim, President ATTEST: BY: 4I Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND LEGAL SUF C BY: Hans 06ino ity Attorney CITY OF SUNNY ISLES BEACH SIONAMCR /GA 6030 SW 23 Rd Street Miramar, FL 33023 Ph: 954- 854 -0446 Fax: 954- 381 -1456 Email: sales @mysignamerica.com www.mysignamerica.com Name / Address City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attn: Marc Anthony Estimate Date Estimate No. 12/16/2013 1172 COLOR LOGOS Warranty: Labor and Material One Year from the date of completion! Signature ATTACHMENT "A" Terms Project Due on receipt Item Description Qty Cost Total REPAINT Prep and repaint a total of (33) street light poles 33 405.00 13,365.00 8 "W +23'H and 30 "W +29 "H base and 81 "W+ 24 "H street light arm ( SINGLE LIGHT POLE ) in gloss black each pole on site prep and paint.( Black Gloss Enamel Paint ) ( ATLANTIC AVE ) REPAINT Prep and repaint a total of (2) street light poles 2 315.00 630.00 8 "W +20'H and 30 "W +29 "H base ( SINGLE LIGHT POLE ) in gloss black each pole on site prep and paint.( Black Gloss Enamel Paint) ( ATLANTIC AVE REPAINT Prep and repaint a total of (9) street light poles 9 405.00 3,645.00 8 "W +23'H and 30 "W +29 "H base and 81 "W+ 24 "H street light arm ( SINGLE LIGHT POLE ) in gloss black each pole on site prep and paint.( Black Gloss Enamel Paint ) ( 159 STREET ) REPAINT Prep and repaint a total of (12) street light poles 12 405.00 4,860.00 8 "W +23'H and 30 "W +29 "H base and 81 "W+ 24 "H street light arm ( SINGLE LIGHT POLE ) in gloss black each pole on site prep and paint.( Black Gloss Enamel Paint ) ( 163 STREET ) REPAINT Prep and repaint a total of (5) street light poles 5 405.00 2,025.00 8 "W +23'H and 30 "W +29 "H base and 81 "W+ 24 "H street light arm ( SINGLE LIGHT POLE ) in gloss black each pole on site prep and paint.( Black Gloss Enamel Paint) ( ST. MARY CHURCH ) s1z;NAM ERam Your Sign Shop. Sales Tax (0.0 %) $0.00 CUSTOM BANNERS, MAGNETIC SIGNS, VEHICLE GRAPHICS, WINDOW LETTERING STORE FRONT GRAPHICS, REAL ESTATE SIGNS, PLYWOOD SIGNS, PLEXI SIGNS PVC SIGNS, TRAFFIC SIGNS, ADA SIGNS, EXHIBIT SIGNS, CONSTRUCTION SIGNS Total $24,525.00 COLOR LOGOS Warranty: Labor and Material One Year from the date of completion! Signature ATTACHMENT "A" AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SIGNAMERICA, INC. 011 10 THIS AGREEMENT, entered into this �� o� day of October, 2013, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the ( "City ") and SIGNAMERICA, Inc., a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the ( "Contractor "), whose federal tax identification number is ` L, � ,�) ; -,,S S , RECITALS WHEREAS, the City is in need of sixty (60) street light poles prepped and repainted in black glass enamel paint ( "Services "); and WHEREAS, SignAmerica ( "Contractor ") is willing and able to perform the Services based on the terms and conditions set forth in Attachment "A"; and WHEREAS, the City desires to enter into this Agreement with Contractor to perform the Services in a total amount not to exceed Twenty -Four Thousand Six - Hundred Forty Dollars ($24,640.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide the Services as more particularly described in Attachment "A ", which is attached hereto and incorporated herein by reference. 3. ADDITIONAL SERVICES. If the City is in need of additional street light poles prepped and repainted in black glass enamel paint ftom Contractor, the additional street light poles shall be offered for sale by Contractor to the City at the same unit price as more thoroughly described in Attachment "A ". 4. TERM. This Agreement shall begin upon issuance of a notice to proceed by the City Manager or his designee and shall be completed no later than four (4) to six (6) weeks thereafter. 5. COMPENSATION. As the entire compensation under this Agreement and during the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor in an amount not to exceed Twenty -Four Thousand Six - Hundred Forty Dollars ($24,640.00), for the performance of the Services. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. ATTACHMENT "B" 13 Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If Services have Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any Work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: Page 2 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: SIGNAMERICA, INC. P Signature BY: Print Name Sign and print name of corp. rep. ATTEST: CITY OF SUNNY ISLES BEACH BY: BY: Hine , C, City Clerk Christop r J. Russo, City Manager APPROVED AS TO FORM AND LEGAL �FE'�FY 136-M Attorney Page 7 of 7 V � GlGNAf ERICA 6030 SW 23 Rd Street Miramar, FL. 33023 Ph: 954 -854 -0446 Fax: 954 - 381 -1456 Email: sales @mysignamerica.com www.mysignamerica.com Name / Address City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attn: Evelyn Trammell Estimate Date Estimate No. Project 9/30/2013 1159 VC SIGNS, f COLOR LOGOS Warranty; Labor and Material One Year from the date of completion! Signature Terms Project Due on receipt Item Description Qty Cost Total REPAINT Prep and repaint a total of (70) street light poles 43 405.00 17,415.00 8 "W +23'H and 30 "W +29 "H base and 61 "W+ 24 "H street light arm ( SINGLE LIGHT POLE ) in gloss black each pole on site prep and paint.( Black Gloss REPRINT Enamel Paint ) Prep and repaint a total of (70) street light poles 17 425.00 7,225.00 8 "W +23'H and 30 "W +29 "H base and 81 "W+ 24 "H street light arm ( DOUBLE LIGHT POLE ) in gloss black each pole on site prep and paint.( Black Gloss TIME LINE Enamel Paint ) Time line to finish 4 to 6 weeks 0.00 O.QO S/GNAmER=A Your Sign Shop. Sales Tax (0.0 %) $0.00 CUSTOM BANNERS, MAGNETIC SIGNS, VEHICLE GRAPHICS, WINDOW LETTERING STORE FRONT GRAPHICS, REAL ESTATE SIGNS, PLYWOOD SIGNS, PLEXI SIGNS Total $24,640.00 TRAFFIC SIGNS ADA SIGNS EXHIBIT SIGNS CONSTRUCTION SIGNS VC SIGNS, f COLOR LOGOS Warranty; Labor and Material One Year from the date of completion! Signature �J tit • Flo' ti4 eel• �S SAN KO0 TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Bill Evans, Assistant City Manager 1/1612014 First Amendment to the Agreement with Signamerica, Inc. ® RECOMMENDATION: We recommend City Commission approve the resolution. REASONS: The original contract between the City and Signamerica, Inc. Contract Number C1213 -082 dated October 23, 2013 required the vendor to paint Sixty (60) street light poles. The City is now in need of the vendor Signamerica, Inc. to paint an additional Sixty-One (61) street light poles in an amount of $24,525.00 for a total contract amount not to exceed $49,165.00 ATTACHMENTS: . Resolution . 1 st Amendment to Agreement C. Agenda Item No IOF Date 1/16/2014 107