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HomeMy WebLinkAboutReso 2020-3039 RESOLUTION NO. 2020 - 301 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,APPROVING AN AGREEMENT WITH TEAM CONTRACTING, INC. FOR DESIGN, CONSTRUCTION, AND RESTORATION SERVICES FOR THE PELICAN COMMUNITY CENTER, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED FORTY- EIGHT THOUSAND NINE HUNDRED TWENTY-TWO DOLLARS AND FORTY-TWO CENTS ($448,922.42), 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 is in need of a Contractor to provide design, construction, and restoration services for the Pelican Community Center ("Services"); and WHEREAS, Sourcewell, f/k/a the National Joint Powers Alliance, issued and awarded Invitation for Bid No. FL-SEA-GC04-041019 to, and entered into an indefinite quantity construction agreement with, Team Contracting, Inc. ("Contractor"); and WHEREAS, pursuant to the City's procurement code provisions, purchase 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, Contractor is a certified and insured company with the necessary experience willing to provide the desired Services; and WHEREAS, the City Commission wishes to approve an Agreement with Team Contracting, Inc. to provide design, construction, and restoration services for the Pelican Community Center, in an amount not to exceed Four Hundred Forty-Eight Thousand Nine Hundred Twenty-Two Dollars and Forty-Two Cents ($448,922.42), attached hereto as Exhibit NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with Team Contracting, Inc. to provide design, construction, and restoration services for the Pelican Community Center, in an amount not to exceed Four Hundred Forty-Eight Thousand Nine Hundred Twenty-Two Dollars and Forty-Two Cents ($448,922.42), attached hereto as Exhibit «A„ Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the Agreement. 1 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. R2020 Agmt w Team Contracting for PCP Page I of 2 Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 20t day .f February 2020. George H. .choll, Mayor ATS' ter.ce'. Maurici. Bet,' cur, CMC, City Clerk > 1 01 f`erAPPROVEDRA'S TO FORM A�ND`LE L SUFFICIENCY: f,: trd(e4OC Edward A. Dion, City Attorney Moved by: "lam 44410 SieeArni Seconded by: Gat4USG(btst �t,„/:. Vote: Mayor Scholl '� (Yes) (No) Vice Mayor Svechin ✓ (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama '(Yes) (No) Commissioner Viscarra (Yes) (No) R2020 Agmt w Team Contracting for PCP Page 2 of 2 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND TEAM CONTRACTING, INC. l"4,Q CONTRACT NO. 2020-6780 THIS CONTRACTUAL AGREEMENT(hereinafter referred to as the "Agreement") is made in duplicate, this 41 t'`day of 110-611 , 2020, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and TEAM CONTRACTING INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor")whose Federal I.D. # is 65-1002254. RECITALS WHEREAS, the City of Sunny Isles Beach is in need of Contractor to provide design, construction, and restoration services for the Sunny Isles Pelican Community Center within the City of Sunny Isles Beach ("Services"); and WHEREAS,Contractor is a certified and insured company with the necessary experience to provide the desired Services; and ,WHEREAS, Sourcewell I./Ida the National Joint Powers Alliance or NJPA, issued Invitation for Bid ("IFB") FL-SEA-GC04-041019 and awarded an indefinite quantity construction agreement to Contractor beginning May 1,2019 for a period of one year terminating on April 30, 2020,with the option to renew for two additional one year terms;and WHEREAS, the City desires to enter into an agreement with Contractor, using Sourcewell's bid information, to provide the Services described in Exhibit "A", and more particularly,Contractor's price proposal as set forth in Exhibit"B",attached hereto and made part hereof,subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures;and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Exhibit"A"fora total amount not to exceed Four Hundred Forty- Eight Thousand Nine Hundred Twenty-Two Dollars 42/100 Cents ($448,922.42), as set forth in Contractor's proposal to the City attached hereto as Exhibit"B". NOW THEREFORE, in consideration of the promises and the mutual covenants herein name,the parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the Sourcewell f/kla the National Joint Powers Alliance or NJPA, issued Invitation for Bid ("TB") FL-SEA-GC04-041019 and awarded indefinite quantity construction agreement dates May 1,2019 , which are specifically incorporated herein and made Team Contracting Inc_ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 • (305) 947-0606 phone(305) 949-3113 Fax a part hereof as Exhibit "A", as well as Contractor's proposal to the City,attached as Exhibit "B" (hereinafter referred to as "Contract Documents"). 3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions set forth in the Sourcewell f/k/a the National Joint Powers Alliance or NJPA Invitation for Bid ("IFB") FL-SEA-GC04-041019, the awarded an indefinite quantity construction agreement dated May 1, 2019, and the proposal to the City attached hereto as Exhibit"B" (hereinafter referred to as "Services"). The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. 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 terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall be for a period of one (1) year, beginning when this agreement is fully executed by both parties, with the option to renew for two additional one year terms. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work from the date of this agreement and continue in a diligent manner until completion of the Services. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement.The terms of Sections 19 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively,shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed Four Hundred Forty-Eight Thousand Nine Hundred Twenty-Two Dollars 42/100 Cents ($448,922.42), as set forth in Contractor's proposal to the City, attached hereto as Exhibit "B". Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected under the following conditions. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the schedule of charges reflected as reflected in Exhibit "B",under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payment will be Team contracting Inc. 2 S 1 City of Satiny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax made by the City in accordance with Sections 19 and 20 of the IQCC Standard Terms and Conditions and Contract General Conditions attached as part of the IFB as Exhibit"A". 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. 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. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty(20)days'notice to Contractor. 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 RELATiONSH.IP. 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. PAYMENT AND PERFORMANCE BOND. Before commencing the work, the Contractor shall execute and record in the Public Records of Miami-Dade County, a payment and performance bond with a surety authorized to do business in this state as a surety, pursuant to the requirements of Section 255.05, Florida Statutes,and shall provide the City a certified copy of the recorded bond. Team Contracting Inc. 3 City of Sunny}Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax 8. 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: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars($1,000,000.00)combined single limit per occurrence. ID Worker's Compensation, as required by state law. o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury and property damage. Insurance required of the Contractor shall be primary to, and not contribute with,any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies 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, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by 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-Contractors providing services hereunder (if any) procures and maintains,until the completion of the services,insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. WARRANTY OF SERVICES. 9.1 The Contractor shall warrant the labor performed for a minimum period of one(1) . year from the.date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof)which proves defective or fails to comply with the Agreement within the warranty period such that itcomplies with the Agreement. 9.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good Team Coni.ractine Ino. 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax quality, free from faults and defects and in conformance with the Agreement. AU equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized,may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 9.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement, All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent.defects that are required under state or federal law. 10. DEFECTIVE WORK. 10.1 The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non-defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. 10.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee,the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals,corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and frilly,which is not cured in the cure period, the City may declare Contractor in default. 10.3 If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents,or by any specific provision(s)of this Agreement, any of the work is found to be defective or not in accordance with this Agreement,Contractor,after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the.City.Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 10.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. Team Contracti,l Iec_ 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 • (305) 947-0606 phone(305) 949-3113 Fax 10.5 Where the City or its designee becomes aware of faults,defects or non-conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. 11. TERMINATION AND REMEDIES FOR BREACH. A. If,through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or 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 of the Agreement and grant Contractor ten (10) 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 Agreement, 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 shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. (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. Termination for Convenience of City.The City may,for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 11 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. 12. 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 Contractor shall leave the employment of the City for any reason whatsoever, disclose to any Team Contracting Inc. 6 f City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach, Florida 33.160 (305)947-0606 phone(305) 949-3113 Fax person or entity, other than in the discharge 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 injury 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 enjoin the Contractor from violating such provisions. 13. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL, This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of 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 Dade 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 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 levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 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. 14. NOTICES. 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 sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested,(ii)by guaranteed overnight delivery by a nationally 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 recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Edward Dion, Esq. 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 Daniel A.Gell Contractors V.P./Sr. Project Manager Team Contracting,Inc. 13911 SW 42nd Street,Suite 209 Miami, FL 33175 dgell@team-contracting.corn (305)207-9799 ext 205 15. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: Team Contracting.Inc. 7 j! City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-31 13 Fax (i.) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, 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. (iii.)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 contract term and following completion of the contract if the Contractor does not transfer the records to the City. (iv.)Contractor shall,upon completion of the contract, transfer, at no cost,to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. ,All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305)792-1703,CityClerk a sibfl.net, 18070 Collins Avenue,4th Floor, Sunny Isles Beach,Florida 33160. 16. 1 AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three(3)years. 17. NON-DISCRIIV1INATIOiN. 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 Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act 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 employmentbecause 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 will 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, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- Team Contracting Inc. 8 1 j City of Sunny Isles Beach 18070 Collins Avenue,Sunny isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax • discrimination clause. The 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. 18. CONFLICT OF INTEREST. The 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 the City of Sunny Isles Beach Ordinance No. 99-82, 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 acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be 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 of this contractor to any benefit arising therefrom. 19. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold-harmless the City, its agents, representatives, officers, directors,officials and employees from any claims, liabilities,damages, losses and costs, including,but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors,officials and employees from and against any and all causes of action,demands,claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent.act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including,without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action`of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim,cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuitor proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00)represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 20. COMPLIANCE WITH LAW. Contractor shall comply with alllaws, 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. Team Contracting Inc. 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax 21. . CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document,including but not limited to Exhibit"A". 22. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Consultants must certify 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 be 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. Consultants must submit the certification that is attached to this agreement as Exhibit "C". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.472.5. 23. 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. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writingand signed by the parties to this Agreement. E. 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. Team Contacting 10 t { � 1 Clip of Sunny Isles Beach • 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305)947-0606 phone(305) 949-31 13 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement` in duplicate on the day and year first written above. WITNESS: TEAM CONTRACTING, INC. Si*nature ' Daniel A. Gell,V.P./Sr: Project Manager 3096 I i L Ala Print Name • ATTEST CITY OF S NY IS ES BEACH 18Y. fJ . BY Mau .'jcc-B tancur, t George H 'doll, Mayor :..CMC-City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:. BY:. De'..._rtn -nt -'ea Edward A. Dion, City Attorney Tenn Contracting Inc. 11 II 1 1 , ...-±14;;;-!;.--- % ?'-''' 7).‘:;' CONTRACTOR ANTI-BOYCOTT CERTIFICATION " 'PURSUANT TO FLORIDA STATUTE§ 215.47251 I, RDA 14 L. Aro , on behalf of T-eAm Confro. d.41 fi y! Inc., Print Name Company Name certifies that Team Con-17-ac 1.1 Inc, does not: Company Name 1. Participate in a boycott of Israel; and 2. is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the lean Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. 4 Sign ture EYe'. U tip✓- Itez- P eJl i T� eo--9� /ftd - Title 3 —2_02_0 Date i