HomeMy WebLinkAboutReso 2019-2948 RESOLUTION NO. 2019- 2441
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
A SECOND AMENDMENT TO THE AGREEMENT WITH
MARTIN & SONS RESIDENTIAL SERVICES, INC. FOR
PRESSURE CLEANING SERVICES, IN AN AMOUNT NOT
TO EXCEED THIRTY-FIVE THOUSAND SIXTY-FIVE
DOLLARS AND FIFTY-FOUR CENTS ($35,065.54),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID AMENDMENT
AND TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE TERMS OF THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City was in need of a
acontractor to provide pressure cleaning services
("Services") throughout the City on an as needed basis, and
WHEREAS, Martin & Sons Residential Services, Inc. ("Contractor") is a certified and
insured company with the necessary experience to provide the desired Services; and
WHEREAS, the Contractor expressed their ability and desire to provide these Services
to the City pursuant to the pricing terms and conditions offered to the City of Weston, Florida,
via Request for Proposal No. 2011-05; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county, or other governmental contracts, or competitive bids with other governmental
agencies are exempt from the City's competitive bidding procedures; and
WHEREAS, on June 21', 2018, the City Manager executed an agreement with Martin &
Sons Residential Services, Inc. to provide theseServices, in an amount not to exceed $30,065.54;
and
WHEREAS, on November 16, 2018, the City Manager executed a First Amendment to
the Agreement with the Contractor for additional services outside the scope of work of the
original agreement,ent in an amount not to exceed $484.38, bringing the total contract
amount not to
exceed $30,549.92; and
WHEREAS, the City being satisfied with the work performed by the contractor desires
to exercise its first of two (2) renewal options for an additional one (1) year; and
WHEREAS, the City Commission now wishes to approve a Second Amendment to the
Agreement with Martin & Sons Residential Services, Inc. to rovide pressure cleaning
services
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throughout the City on an as needed basis, exercising its first of two (2) renewal options for an
additional one (1) year, in an amount not to exceed Thirt -Five Thousand Sixty-Five Y Dollars and
Y
Fifty-Four Cents ($35,065.54), bringing the total contract amount not to exceed Sixty-Five
Thousand Six Hundred Fifteen Dollars and Forty-Six Cents ($65,615.46), attached hereto as
Exhibit "A".
R2019 2nd Amend W Martin And Sons Page I of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Second Amendment. The City Commission hereby approves a
Second Amendment to the Agreement with Martin & Sons Residential Services, Inc. to provide
pressure cleaning services throughout the City on an as needed basis, exercising its first of two
(2) renewal options for an additional one (1) year, in an amount not to exceed Thirty-Five
Thousand Sixty-Five Dollars and Fifty-Four. Cents ($35,065.54), bringing the total contract
amount not to exceed Sixty-Five Thousand Six Hundred Fifteen Dollars and Forty-Six Cents
($65,615.46), attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
said Second Amendment and to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective :e :doption.
PASSED AND ADOPTED this 20t11 day o une 2019
George . Scholl, Mayor
AT ES t :
oI
;PE/.
Maur cis Be ancur, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
td.14.1aALZI. X ‘C)/A.
Edward A. Dion, City Attorney
Moved by: 1SstoAI02-
Seconded by: epouetts.tvorez VtSel.,s
Vote: /
Mayor Scholl v (Yes) (No)
Vice Mayor Svechin (Yes) �o
)
mmi i n r
Co ss o e Goldman (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Viscarra (Yes) (No)
R2019 2nd Amend W Martin And Sons Page 2 of 2
�S LbY rfza
rl F SECOND AMENDMENT TO THE AGREEMENT BETWEEN
L II
THE CITY OF SUNNY ISLES BEACH AND MARTIN & SONS
RESIDENTIAL SERVICES, INC.
CONTRACT NO.2019- 6222 - 02
This Second Amendment to the Agreement between the City of Sunny Isles Beach("City")
and MARTIN & SONS RESIDENTIAL SERVICES,INC., ("Contractor")executed this
day of , 2019, is made a part:of the original Agreement ("Agreement") dated
June 21, 2018, Contract No. 6222-097, as amended on November 16, 2018 by the First
Attachment "A", whose
attached
Amendment, between the City and Contractor and hereto as
Federal Identification#is 65-0665545.The City and Contractor hereby agree as follows:
1. OPTION TO RENEW: The City hereby elects to exercise its first option to renew for one
(1)year as set forth in Section 3 of the original Agreement,which is incorporated herein by reference.
The effective date of this Second Amendment shall commence on June 21, 2019 and shall terminate
no later than June 20,2020. The City has a right to exercise one (1) additional one(1)year renewals
as per the original Agreement.
2. COMPENSATION: Effective June 21,2019, the Parties wish to amend in part Section 4 of
the original Agreement ("Compensation")} tostate as follows: "The Contractor agrees es to provide
pressure cleaning services throughout the Cityin an amount of Thirty
Thousand Sixt
-Five Dollars
and Fifty-Four Cents ($30,06554) and a Five Thousand Dollars ($5,000) contingency, for a total
amount not to exceed.Thirty-Five Thousand Sixty-Five Dollars and Fifty-Four Cents ($35,065.54)
annually."
specifically OTHER PROVISIONS REMAIN IN EFFECT: Except p as pe cificall
y modified
herein, all terms and conditions of the original: Agreement between the parties, dated June 21,
2018,and the First Amendment,dated November 16,2018, shall remain in full force and effect.
3. CONFLICTING PROVISIONS: The terms, statements, requirements, and provisions
Second Amendment shall revail and begiven superior effect and priority over
contained in this P
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any conflicting or inconsistent term, statement, requirement or provision contained in any other
document or attachment, including but not limited to Attachment"A".
(Remainder of Page Intentionally Left Blank)
2019--6222-02—MARTIN&SONS RESIDENTIAL SERVICES,Inc.
•
IN WITNESS WHEREOF,thep arties hereto have executed this document as of the date
.' mentioned above.
WITNESS: MARTIN & SONS NS S RESIDENTIAL
SERVICES, INC.
Signature BY:
tF
Print/sign n name of corporate officer
• b
7144 ,6402-/ Li-40
Print Name
/ CITY til
' OF SU' 'NY ISLES BE/ H
By '►��� �III = BY:
Maurici Bet ncur. CMC. City Clerk Christop er J. Russo.City Manager
APPROVED AS TO FORM AND
LEGAL 'UFFICIENCY
BY: BY: da4d- 4 d^-
Department Head Edward A. Dion, City Attorney
•
_'H9 6.222-412 MARTIN&SONS RESIDENTIAL SERVICES.le .
Attachment"A"
Contract No. 6222-097; and First Amendment
2019—6222-02—MARTIN&SONS RESIDENTIAL SERVICES,Inc. 3
ostaz!,„
'4 r4k,
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND MARTIN& SONS
RESIDENTIAL SERVICES,INC.
CONTRACT NO.4222-010
This First Amendment to the Agreement'between the City of Sunny Isles Beach ("City")
and MARTIN& SONS RESIDENTIAL SERVICES,INC.,("Contractor")executed this 1(e)
day of IN)0 V e MbCr ., 2018, is made a part of the original Agreement ("Agreement") dated
June 21, 2018, Contract No. 6222-097, between the City and Contractor attached and hereto as
Attachment"A", whose Federal Identification #,is 65-0665545.The City and Contractor hereby
agree as follows:
1. ADDITIONAL SERVICES. The City,heteby wishes to amend Section 2 of the original
Agreement ("Services") to include pre-spray and chemical scrub pressure clean chemical de-
greasing for the beach access at 160'.h and Collins Avenue, as more particularly described in
Attachment"B".
3. ADDITIONAL COMPENSATION. Section 4 of they original Agreement between the
parties is hereby amended to include'additional compensation fon the Additional Services in the
amount not to exceed Four Hundred Eighty Four Dollars and Thirty Eight Cents ($484.18),
bringing the total contract amount not to exceed Thirty Thousand Five Hundred Forty Nine Dollars
'and Ninety Two Cents($30,549.92).
4. ADDITIONAL CONTRACT PROVISION. Section 217:4725, Florida Statutes,
provides that contracting with any entity that is listed on the Scrutinized Companies that Boycott
.ist or that is engaged in the boycott of Israel is prohibited.Conti-actors mustcertify that the
company is not participating in a boycott of Israel. Any contract for goods or services of One
Million Dollars ($1,000,000) or more shall he terminated at the City's option if it is discovered
that the entity submitted false documents of certification, is listed on the Scrutinized Companies
With Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List,or has been engaged in business operations in Cuba or Syria after July 1,2018.
Any contract entered into or renewed after July„1,2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in'the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "C". Submitting a false certification shall be deemed a material breach of contract.
The city shall provide notice, in writing,to the 'Contractor of the City's determination concerning
the false certification. The Contractor shall have ninety (90)days following receipt of the notice
to respond in writing and demonstrate that the deteritiinatiOn was in error.if the Contractor does
not demonstrate that the City's determination offalse certification was made in error,then the City
shall have the right to terminate the contract and seek civil remedies*pursuant to Section 215.4725,
Florida Statutes.
5. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified
herein, all terms and conditions of the original Agreement between'the parties, dated June 21,
201$,shall remain in full force and effect.
6. CONFLICTING PROVISIONS: The terms, statements, requirements, and provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
...
';‘•;-: .;do. • conflicting or iffIGO nsistent team-statement, !requirement or provision- contained in any etlwri
document or attachment; including but not I im itdid to Attachment"A",`5"and"C".
IN WITNESS WHEREOF; the parties hereto have executed this document as of the date
mentioned above.
WITNESS: MARTIN&SONS RESIDENl'IAL
SERVICES,INC.
r...
Signature BY: -\--ItC:vr,c1;W 01::.4 6 'rri
Printisign.narne of corporate officer
---------
Print Name
A'ITES'I': CITY OF SUNNY ISLES BEACH
BY: BY:
.4.--t!ii 'NO , c A ,
: •
—
Mauri io 'e cur, CMC,City Clerk "hristopher J.Ru ,,City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
11-------
-AY: ,ItivriEiti . ii f
ot, /Ay Atto f cy
6222-010-MARTfN&S ONS RES IDENTIA1,.1NC 2
,pnY N, •
•
BEACH
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
AND MARTIN& SONS RESIDENTIAL SERVICES,kNC "
Pt,
�`h ,0 CONTRACT NO 6222-097
of fVN — ��•
.t giS AGREE NT(hereinafter referred to as the`"Agreement")is made in duplicate,
7
this day of t#-rfS , 2018.by and between.the'CITY OF SUNNY ISLES
BEACH, (hereinafter referred to as "City"), and MARTIN & SONS, RESIDENTIAL
• SERVICES, INC.; a Corporation authorized to do business in the State of Florida.
• (hereinafter referred to as "Contractor") whose Federal Li), is 65-0665545.
•
- • RECITALS
WHEREAS, City is in need of Contractor to provide pressure cleaning services
throughout the City en an as needed basis("Services");and .
WHEREAS,Contractor is a certified and insured company with the necessary experience
toP rovide the desired Services;and
WHEREAS,Contractor has expressed the ability and desire to provide these Services to
the pricingterms and conditions offered to the Cityof Weston, Florida,via
the City pursuant to
Proposal RFP No.2Qd l-OS which is incorporated herein byreference;and
Request for ("RFT") rpo
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
governmental contracts or competitive bids with other governmental
State, county or other , p E
agencies are exempt from the City's competitiveetitive bidding procedures;and
WHEREAS, the City desires to enter into this Agreement with Contractor to provide the
Services in a total amount not to exceed Thirty Thousand Sixty Five Dollars and Fifty Four Cents
($30,065.54).
NOW THEREFORE, in consideration of the mutual covenants contained herein,and for
other valuable consideration received, the ;receipt and sufficiency of which are 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 agrees to perform the Services as more particularly described in
" copy of which is attached hereto and into: orated herein by reference. TheAttachmentA , p}a P
Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to
have a qualified representative to audit and inspect the Services provided on a regular basis to
ensure all Services are being performed in accordance with the City's needs and pursuant to the
terns of this Agreement, and shall rcpur: to the City accordingly. Contractor agrees to
City via telephone and in writingof any problems that could cause damage
immediately inform the(, )
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to the City's property, improvements and persons. Contractor will require its employees to
perform their work in a manner consistent with the type and scope of work to be performed.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set foith
in Section 8 hereunder, the term of this Agreement shall commence upon execution by the City
and shall terminate no later than one (1) year thereafter, with the option to renew for two (2)
additional one(1)year term.-
6212-497 Martin&Sons Residential Sere ias
NT "A"
AT�rAcxiI r.
•
. 4.. COMPENSATION. The Contractor agrees to provide the desired Services to the City in .
a total amount not to exceed'Thirty Thousand Sixty Five Dollars and Fifty Four Cents($30,06554)
54)
during the initial one year term as well as during the optional one year renewal terni..Payment to
Contractor for all charges and casks under this Agreement shall be-in a
ccordance with this
conditions.
Agreement and the schedule of charges and ,tasks reflected under the following
g
Payment to Contractor for all charges acrd tasks under this Agreement shall be accordance with the
schedule of charges reflected in Atclunont"A'',under the following conditions: •
•
a. lliabcirsements. There arc no reimbursable expenses associated with this contract.
b. . Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by,the initiating City Department.. If services have.
• been rendered in conformity with the Agreement,the invoice will be sent to the
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. The City will pay properly submitted Contractor invoices
within thirty (30) days of receipt, for completed and accepted deliveries or
specified services and/or goods, unless the City notifies the Contractor in writing
of the dispute, before the payment is due.
c- Availability of Funds. he City's perfomance 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
closed, any other additional charges, if not final
be properly erly included on this p
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
iaymake 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 abilityto fulfill the terms of this Agreement.
s
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5. INDEPENDENT CONTRACTOR : RELATIONSHIP. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement orarl} action o
i f the parties shall be construed to constitute or torender the Contractor
�
an 'employee, artnel, agent, shareholder, officer or in any other capacity other than as an
independent those ohli4ations which have been or shah have been undertaken
by the City. Contractorresponsible shall be res onsible for any and all of its own expenses in performing its
2
09T-G222 Murtin&Sacs ROir et,tia1 nctrices
duties as contemplated under this Agreement. The City shall nut 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
transportation,
those set forth in this Agreement. Contractor shall furnish its own office and other
supplies as it determines'necessury in carrying Om its duties under this Agreement.
-
- OF DOCUMENTS AND EOUJPMENT. All documents prepared by
6. OWNERSHIP
A
the Contractor pursuant to this Agreement and related Services to this greetnen#are intended and
represer�ed for the ownership oldie City only. Anyother use by Contractor or other parties
dial!
be approved in writing by the City. If requested, Contractor shall deliver the documents to the
City within i ifteen.(13) calendar days.
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 tninimuni
insurance coverages to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor;its agents,or employees,as indicated below:
Comprehensive General Liability Insurance, including broad form
contractual liability coverage for. all operations, including, but not limited
to, Premises/Operations, Products/Completed Operations, Contractual,
• Independent Contractors, Personal Injury and Property Damage liability
with minirnutn limits of One Million Dollars ($1,000,000.00) per
occurrence.
❑
Worker's Compensation, as required by the State of Florida Employer's
Liability.
❑ Business Automobile Liability which shall include coverage for all owned,
non-owned and hired vehicles fur minimum limits of not less than One
Million Dollars (51,000,000) per occurrence, One Million Dollars
• ($1,000-600) per accident for bodily injury and Five 'Hundred .Thousand •
Dollars($500,000)per accident fur property damage.
Insurance required of the Contractor shall be primary to,and not contribute with,any insurance or
• self-insurance maintained bythe City. Such insurance shall not diminish Contractor's
Y
i ► The insurance clic ies shall he issued bycompanies
indemnification obligations p y( )
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A-Excellent.` Before any work under this Agreement is
performed,erformed and at anytime upon request,Contractor skull furnish to the City certificates of
insurance evidencing the minimum required coverage and shall be appropriately endorsed
City as additionut insured. All policies shall contain
for wntrs3Ctllal liability,with the named
ion endorsement. Alt olicies and certificates shall be in forms and issued by
of subrogation p
a waiverg P
insurance companies acceptable to the City Manager or his designee. All insurance policies and
certificates of insurance shall provide that the policies may not be canceled or altered without thirty
(30) days prior written notice:to the City. Contractor shall also require and ensure that each of its
sub-contractorsp roviding services hereunder(if any)procures anq maintains,until the completion
of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS
3
697.6222 Mattln&Sons ncs'edcntini Scrviocs
•
TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST RG APPROVED 1N
WRITING BY THE CITY.•
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8. TERMINATION AND REMEDIES FOR BREACH.
•
A. If,though any cause.within reasonable control,the Contractor shall fail to fulfill in
a timely manner or otherwise violate any: of the covenants, agreements or
g
stipulations material to this Agreement,the City shall have the right to terminate the
Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms cf the Agreement and grant Contractor ten (1 O) days to cure such
default. If the default remains uncured after ten(10) days the City may terminate
• this Agreement,and the City shall receive a refund from the Contractor in an amount
equal to the actual cost of a third party to cure such failure. If Contractor fails, •
refuses or is unable to perform any term of this Agieement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor (and sub-Contractor (s) shall he
delivered to the City and the City shall compensate the Contractor for all
Services satisfactorily perfoimied prior to the date of termination,as provided
in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing,the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City May reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined. •
•
B. Termination for Convenience of City.The City may,for its convenience and without
cause terminate the Services then remaininghe to performed at any time by giving
1
Contractor ten(10)clays written notice.The teens of Para graph A(i)and A(ii)above
shall be applicable hereunder,
C. 'termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
9. JURISDICTION VENUE AND WAIVER Uk Jt1RY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the Slate of Florida.
All parties agree and accept that jurisdiction sof any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh'Judicial Circuit in and for Miami I}ade County,
• Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts; forsaking any other jurisdiction which either party may claim by virtue•of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file,a lawsuit to
4
097.021 Maiti a•Sans Residential Services
•
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate.Icvcls.-BY
ENTERING INTO THIS AGREEMENT, CONSUL1'ANT AND CITY HEREBY EXPRESSLY
AYTIA'VI.?"1'OA TRIAL BY JURY OF ANY C1 V ft
tiVAN1;ANY RIGITTS l:')"�'i�t;R PARTY M �
LITIGATION R.LLAT D TO THIS AGRE1yMIrNT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28,Florida Statutes.
10. CONFIDENTIAL INFORMATION-. The Contractor shall not;either during the term of
this Agreement or any time for a period of ten(10) years subsequent to that date upon which the
of r
i the Cit for any reason whatsoever; disclose to any
Contractor shall leave the employment y
person or entity,other than in the discharge schar of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential" As a Violation by the
Contractor of the provisions of this Section could cause irreparable injtuy to the City and there is
•
no adequate remedy at law for such violation,the City shall have the right,in addition to any other
remedies available to it at law or in equity,to cnj'oin the Contractor from violating such provisions.
11. NO'T'ICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be scat (except as
otherwise provided herein) (i)by certified or registered mail, first class postage prepaid, return
receipt requested,(ii)by guaranteed overnight delivery by anationally recognized courier service.,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognizedcourier service),addressed to such party as
follows:
If to the City: Christopher J. Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach • City Attorney
18070 Collins Avenue City of Sunny Isles Beach .
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach,Florida 33160 Fourth Floor•
Tel:(305)792-1776 Sunny Isles Beach,Florida 33160
Tel: 305 792-1766
if to the Contractor: Attn: Franco Prado .
Martin&Sons Residential Services
4581 Weston Road,Ste. 154
Northlake,IL 60l 64,
Tel:(954) 389-0220
Email:
franco rnartinrmdsons-usa,aam _..
12. GOVERNING LAW.This Agreement shall be governed by and construed in accordance
with the laws of the Slate of Horida- Venue shall be in Miami-Dade County, Florida.
•
13. AUI)1T. The Contractor shall make availabtc to the City or its represennr=ive all required
financial records associated with the Agreement for a period of three(3)years.
5
97-6222 Marlin&Sons Rcsidernial Savlc:s •
14. PUBLIC RECORDS,• The Consultant shall be required to comply with the following
requirements under Florida's Public Records Law:
(i.)Consultant shall keep and maintain public records required by the City to perform the
service.
(ii.) Upon request from the City, Consultant shall provide the City with a copy of rile
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.
(iii.)Consultant shall ensure that public rete,ds tip&t are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the •
• duration of the contract term and following completion of the contract if the Consultant does not
transfer the reeorda to the City.
(iv.) Consultant shall,upon completion;of the contract,transfer,at no cost;to the City all .
public records in possession of the Consultant oc keep and maintain public records required by the
City to perform the service. If the Consultant transfers all public records to the City. upon
completion of the contract, the Consultant shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Consultant
keeps and maintains public records upon completion of the contract,the Consultant shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Consultant to the City,upon request from the City,in a format that is compatible with
the information technology systems of the City.,
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119,FLORIDA STATUTES,TO THE CONSULTANT'S DUTY TO PROVIDE
• PUBLIC EEC:ORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S
CUSTODIAN OF .1'193L1C RECORDS AT (305) 792-1703, CityClerk(usibtl.net, 1.8070
Collins Avenue,4th Floor,Sunny Isles Beaclt,'Tlorida 331
• 15. NON-DISCRIMINATION.The Contractor agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil'Rights Act of 1984 as amended Title VIII of the
t� g
Civil Rights Act of 1968 as amended,Title lof the Housingand Development g Community Ue eloprne t blot of
1974 as amended, Section 504 of the Rehabilitation Act of 1973,the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975. Executive Order 11063, and with Executive
Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not
discriminate against any employee or applicant for employment because of race, color, creed,
religion,ancestry,national origin,sex;disability or other handicap,age,marital/familial status,or
status with regard to public assistance. The Contractor wilt take affirmative action to insure that
all employment practices are free from such discrimination_ Such employment practices include
but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay or other forms of compensation, end
selection for training, including apprenticeship'. The Contractor agrees to post in conspicuous
places,available to employees and applicants for employment,notices to he p�v'ded by
the City
setting forth the provisions of this non-discrimination clause. 'flit Contractor agrees to comply
with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any
Federally assisted program.
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097-6222 M?utlti&Seas Residential Sc vices
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16. CONFLICT OF INTEREST._ 'Inc Contractor agrees to adhere to and be governed by
the Miami-Dade County. Conflict of Interest 'Ordinance Section 2-11,1, as amended; and by
Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
reference herein as if fully set forth herein,in connection with the Agreement conditions hereunder.
The Contractor covenants that it presently has no interest and shall not acqu ire any interest,directly
or indirectly which could conflict in any manner or degree with the performance of the Services.
The Contractor further covenants that in the performance of this Agreement,no person having any
such interest shall knowingly he employed by the Contractor. The Contractor guarantees that
he/she has not offered or given to any member of, delegate to the Congress of the United States,
any or part gads contract or to any benefit arising therefrom.
17. INDEMNIFICATION AND WAl VER OF LIABILITY. The Contractor agrees,to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
• representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
P f 1? Y
appellate proceedings)relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to professional Services performed under this Agreement.
The Contractor's duty to defend,hold harmless and indemnify the City, its agents,representatives,
officers,directors,officials and employees shall arise in connection with any claim,damage, loss
or expense that is attributable to bodily injury; sickness; disease;death;or injury to impairment,
or destruction of tangible property including loss of use resulting therefrom, caused by any
negligent acts, errors; mistakes or omissions related to Services in the performance of this
Agreement including any person for whose acts,errors,mistakes or omissions the Contractor may
be legally liable. The patties agree that TEN DOLLARS($10.00)represents specific consideration
to the Contractor for the indemnification set forth herein.
•
18. COMPLIANCE WITH LAW. Consultant shall comply with all laws,regulations and
ordinances of any federal, state,or local governmental authority having jurisdiction with respect
to this Agreement("Applicable Laws")and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
•
19. CONFLICTING PROVISIONS. The.terms and conditions in this Agreement shall take
priority and supersccicany other inconsistent or conflicting provisions that arc contained in any
other document or attachment, including but not limited to Attachments "A"and "B", attached
hereto and incorporated herein by reference,or any other document or attachment not specifically
attached hereto or otherwise referenced in this Agreement.
20. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction;the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted. _
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
7
047.5222 Mania c't Sons Rcsid:nLin1 Services
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver, _
D. Each individual executing this Agreement on behalf of a party hereto hereby
- represents and warrants that he or she is; on the date he or she signs this Agreement, duly
authorized by all necessary and appropriate action to execute this Agreement on behalf of such
party and does so with full legal authority to bind their respective party to this Agreement.
E. This Agreement contains the entire agrec;rnknL of the parties,and may be amended,
waived, changed, modified,extended or rescinded only by in writing signed by the party against
whom any yuck amendment, waiver, change, modification,extension and/or rescission is sought.
[Remainder of page intentionally kft blank/ •
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8
097.67?2 Martin&Sans kesi:dcuti,I Scroices
duplicate
dareement in At is
IN WITNESS WHEREOF,the parties hereto have executed h $ p
on the day and year first written above.
WITNESS: MARTIN &SONS RESIDENTIAL
SERVICES,INC.
Print Name Print/sign name of corporate officer
Sign Name
ATTEST: CITY OF SUNNY ISLES BEACH
BY: 9,r rkity4 - BY:4/(4.4
vlauricio atancur,CMC,City Clerk o rer .Russo,CityManx er
r•.
rr
6,14
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APPROVED AS TO)'ORM AND
LEGAL SUFFICIENCY
•
IP -
/i
. i
1
i
f
BY: _.� x.10 �.. —
artmcnr Head r n #J{not,Ci Attorney
'
9
0974122 Mor ir.A Som RediQcutial Sery:us
1t -
1
MARTIN
RESIDENTIAL SERVICES, INC.
4581 Weston Road,Suite 4154,Weston, FL 33331//Tel. 954-389-0220
Email: martin@martinandsons-usa.com j/franco@rnartinandsons-usa.com
PRESSURE CLEANING// PAVER SEALING'—SOUTH FLORIDA SPECIALIST SINCE 1992
November 13,2018
City of Sunny Isles Beach
18070 Collins Ave.
Sunny Isles Beach, FL
Pelican Community Park
ATTN:Cesar Moreno
We respectfully submit our quote for the described scope at work:
Pre-spray and Chemical Scrub Pressure Clean Chemical De-greasing:
selected Beach Access Area Gease/Oil Stains;Approx.2,703 SOFT:
Surface Cleaning(Per SIB Contract Rate)—$f}-0896/5QFT=$242.19
ADD Chemical de-greasing(Additional Line Item)-$0.0S96JSQFT $7.42,19
Includes algaecide pre-spray application to remove and treat mildew and algae;and to
ensure cleaner,brighter,and longer lasting results.
TOTAL $43438
ATTACHMENT B
!loam
:Owe CONTRACTOR ANTI-BOYCOTT CERTINCATIOli
, .
[PURSUANT TO FLORIDA STA 01547251
0n.behalf a
Print'I4amo (dompany Name
• onifies that M CI .5on r does not
Company Name
1. Participate in a boycott of Israel;and
2. Is not oh the Scrutinized Companies that:13oycoasitel list and
3. Is not on the Scrutinized Companies with Aotivitiss in Sudan List and
4. Is not on the Scrutinized Companies with Activities baths Iran Petroleum
• Bner0y Sector Lists and
5. Has not engaged in.business operations in Cuba(a.Syria.
-it
Signature
Title
'Date
ATTACHMENT 11C1'
•
c,„;').±:;-7,„.„'s'6,,,
City of Sunny isles Beach
tiA :_:_-_:T--1,..
18070 Collins Avenue
I'`.Y v = Sunny IslesBeach,�Florida'33160
s� 9>. ;1Qg‘° s4,7 (305)947-0606 City Hall ,
f`T*os ,,A''''' (305)949-3113 Fax •
MEMORANDUM
•
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Susan Simpson,Assistant City Manager
DATE: 6/20/2019
Resolution Approving Amendment Number 2 to Contract
RE: Number 6222-097 with Martin and Sons Residential
Services, Inc. for Sidewalk Cleaning.
RECOMMENDATION:
This resolution isp resented for your consideration.
REASONS:
The City of Sunny Isles Beach is in need of professional pre-spray and
chemical scrub pressure cleaning in the City's rights-of-way sidewalks,
paths and walkways and in several parks throughout the City.
As provided for through Purchasing, the Citywill be granted the same
9
pricing terms and conditions as bid through the current City of Weston,
Florida, via Request for Proposal ("RFP") Number 2011-05 and used
in the original Contract No. 6222-010. We wish to increase this contract
by $30,000 for additional work for a .total new contract price of
$60,549.92.
ADDITIONAL INFORMATION:
FUNDING SOURCE:
Funding is budgeted for and available in the general operating fund
• 89