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HomeMy WebLinkAboutReso 2021-3201RESOLUTION NO.2021 - I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FOURTH AMENDMENT TO THE AGREEMENT WITH MARTIN & SONS RESIDENTIAL SERVICES, INC. FOR PRESSURE CLEANING SERVICES, IN AN AMOUNT NOT TO EXCEED FIFTY-FIVE THOUSAND DOLLARS ($55,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER 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 contractor 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 these Services, 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, in an amount not to exceed $484.38, bringing the total contract amount not to exceed $30,549.92; and WHEREAS, on June 20th, 2019, via Resolution No. 2019-2948, the City Commission approved a Second Amendment to the Agreement with the Contractor, exercising its first of two (2) renewal options, in an amount not to exceed $35,065.54, bringing the total contract amount not to exceed $65,615.46; and WHEREAS, on July 161h, 2020, the City Commission ratified an increase in spending authority with the Contractor, in an amount not to exceed $2,915.99, bringing the total contract amount not to exceed $68,531.45; and WHEREAS, on July 16th, 2020, via Resolution No. 2020-3078, the City Commission ratified a Third Amendment to the Agreement with the Contractor, exercising its second and final renewal option for an additional one (1) year, in an amount not to exceed $69,000.00, bringing the total contract amount not to exceed $137,531.45; and WHEREAS, Section 3 of the original Agreement ("Section 3") provided the City with two (2) one (1) year renewal options; and @BCL@840AB13E.Doc Page 1 of WHEREAS, the Contractor has agreed to amend Section 3 to grant the City with the option to renew the Agreement for an additional one (1) year, for a total of three (3) renewal options; and WHEREAS, the City Manager, being satisfied with the work performed by the Contractor, recommends exercising the third and final renewal option, for an additional one (1) year term; and WHEREAS, the City Commission now wishes to approve the Fourth 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 third and final renewal option for an additional one (1) year, in an amount not to exceed Fifty -Five Thousand Dollars ($55,000.00), bringing the total contract amount not to exceed One Hundred Ninety -Two Thousand Five Hundred Thirty -One Dollars and Forty -Five Cents ($192,531.45), 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 Fourth Amendment. The City Commission hereby approved a Fourth 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 third and final renewal option for an additional one (1) year, in an amount not to exceed Fifty -Five Thousand Dollars ($55,000.00), bringing the total contract amount not to exceed One Hundred Ninety -Two Thousand Five Hundred Thirty -One Dollars and Forty -Five Cents ($192,531.45), 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 upon adoption. PASSED AND ADOPTED this 171h day of Jo*e' 421. G orge H. Scholl, Mayor @BCL@840AB13E.Doc Page 2 of 3 APPROV S TO FORM AND L AL UFFICIENCY: Edward A. Dion, City Attorney Moved by: VI cc &C-Cf �r4 Seconded by: Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@840AB13E.Doc Page 3 of 3 a •p\7- 1.? � t ydC pyr FLgo a 'Ty vs seµ ti 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 Honorable Mayor and City Commissioners Christopher J. Russo, City Manager Sylvia Flores, Cultural and Community Services June 17, 2021 Fourth Amendment to the Agreement with Martin & Sons Residential Services, Inc. RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: In 2018, the City entered into an agreement with Martin & Sons Residential Services, Inc. for pressure cleaning services throughout the City, on an as -needed basis. This agreement was entered into pursuant to the pricing terms and conditions offered to the City of Weston (via a piggyback). ADDITIONAL INFORMATION: Martin & Sons has expressed their ability and desire to continue to provide these Services pursuant tc the same terms and conditions valid via the City of Weston contract. Therefore, we are requesting to approve this fourth amendment, allowing for a third option to renew, along with a contract amount for this term, of $55,000.00. This will bring the not -to -exceed amount for the contract total to $192,531.45. FUNDING SOURCE: Funding is budgeted for and available in the following accounts: 001-6-5720-434041-XXXXX, and 110 5-5410-446007-00000. ATTACHMENTS: Resolution Fourth Amendment Item Number: 10.13 FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THIE CITY OF SUNNY ISLES BEACH AND MARTIN & SONS RESIDENTIAL SERVICES, INC. CONTRACT NO. 2019 - 6222 — 03 This Fourth Amendment to the Agreement between the City of Sunny Isles Beach ("City") and MART JN & SONS RESIDENTIAL SERVICES, INC., ("Contractor") executed this�2?to day of to %4G —, 2021, is made apart of the original Agreement ('Agreement") dated June 21, 2018, Contract No. 6222-097, as amended, between the City and Contractor attached and hereto as Attachment "A", whose Federal Identification # is 165-0665545. The City and Contractor hereby agree as follows: 1. TERM. The parties hereby amend Section 3 of the original Agreement to grant the City the option to renew the Agreement for three (3) One-year renewal terni.s. 2. OPTION TO RENEW. The City here -by elects to exercise its third and final option to renew the Agreement, which shall terminate no later than June 20, 2022. There are no remaining renewal periods. 3, ADDITIONAL SERVICES: The parties hereby wish to further amend Section 2 of the original Agreement ("Services") to provide that Contractor shall also provide those services more fully described in Contractor's proposal attached hereto as Attachment "B" and incorporated herein. by reference ("Additional Services). 4. COMPENSATION- Effective June 21, 2021, the Parties wish to amend Section 4 of the original Agreement ("Compensation") to include additional compensation for the contract term commencing on June 21, 2021, and terminating June 20, 2022, in the amount of Fifty -Five Thousand Dollars ($55,000.00). The new total contract amount is in an amount not to exceed One Hundred Ninety -Two Thousand Five Hundred Thirty -One Dollars and Forty -Five Cents ($192,53 1 A5). Section 4 is hereby further amended to provide that payment to Contractor for all charges and tasks under the Agreement shall be accordance with the updated schedule of charges reflected in Attachment "C". 5. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287,135, 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. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for good,,, or services of One Million Dollars, (S 1,0010,000) 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, 20t8. 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 "D". 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 2019 — 6222 -03 — MARTIN & SONS RESIDENTIAL SERVICES, Inc. Contractor shall have ninety (90) days Following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor 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 week civil remedies pursuant to Florida Statute Section 287,135. 6. E-VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E-Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system, Florida Statute 449.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with all affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E-Vcrify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor trust also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E-Verify+ requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https:ihv%vw.e-veri ,.govi'employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the 1-9 Dorms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Attachment ` 0'. 7. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terns and conditions of the original Agreement between the parties, dated June 21, 2018, and the First Amendment, dated November 16, 2018, the Second Amended effective June 21, 2019, and the Third Amendment effective June 21, 2020, shall remain in full force and effect. 8. CONrFLICTING PROVISIONS: The terms, statements, requirements, and provisions contained in this Fourth 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", "B„ "C',, G4D" and 44E". 1N WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above, [SIGNATURE PAGE TO FOLLOW] MARTIN R SONS RESIDENTIAL SERVICES, Inc. 2 WITNESS: sionatUre Print Na ATT BY: Mau4cio Relaricur, CMC, Ci(v Clerk APPROVED AS TO FORM AND BY: Department I lead MARTIN & SONS RESIDENTIAL SERIVICES, INC. B Y: CA Prinusign flame ofcorporate officer C V ISLES REACH George Scholl, Mayor LEGAL S IFF CIE. -V I (ward A. Dion, City Attorney MAIL HN &- SOVS RkSIDIAHA I - SiRV WES, Inc MARTIN & SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, suite # 254, Weston, FL 33331 /f Tel, 954-389-0220 Email: martin lmartinandsons-usaxom // fTanco@martinandsons-usa.com PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 April 28, 2020 City of Sunny Isles Beach 18070 Cofliw Ave. Sunny Isles Beach, FL Bella Vista Bay park ATTN:Freddy We respEctfallu submit our quoie For. Lhe described 9mp ork. Pre -spray Pressure Cleaning and Acrylic Seat Coating: Bella Vista Bay Park; Approximotely 5000 M,'T @ $0.30 = $1,500.00 InchiJes alrgaeride pre -spiny oppfrrntron ro remaVe and treat mildew and algae; and to ensure cleaner, brighter, and longer lasting restdts, TOTAL: $1,500.00 MARTIN SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 254, Weston, FL 33331 // Tel, 954-389•0220 Email: martin@martinandsons-usa.com H franco@martinandsons-usa.com (PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 May 8, 2020 City of Sunny Isles Beach 18070 Collins Ave. Sunny Isles Beach, Fl, Gateway Park ATTN: Freddy We respectfully submit our quote for the described scale of worlc: Pre -spray and Chemical Scrub Pressure Clean and 100% Acrylic Seal Coating; (2 Coats): City of Sunny Isles Heath Gateway Park; Includes: Int©rlacklog Pavers: Walkways sldewalks Parking Spaces Pavilion City of Sunny Isles Beach Clean and Seal Rate - $0.30/SF Total Square i:ootage - 43,493.50 SF @ $0,30 W $13,048.05 Iterolged by Section: Parking Garage and Parking Lot Areas (West end)--15,941 SF @ $0.30 =$4,782.30 Playground, Pavilion and Stage Areas (East end) — 27,552.5 SF @ $0.30 $8,265.75 Includes aigneelde pre -spray application to remove and treat mildew and algae; and to ensure clearier, brighter, and longer lastIny re.siits. ii� I4��s $13,098 Q5 1VIARTIN & SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 3.3331 /1 Tel, 95.1-339-0220 Email: rnartin@martinandrons-uva'Com /J franco@n?artinalndsons-usa.corn PRESSURE CLEANING /f PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 May 8, 2020 City of Sunny IsIQs Reach 18070 Collins Ave. Sunny Islas Beach, FL Oman Errant Park ATThI: Freddy We respectfully submit ourguot2 forthe described scope of work; Pre-nprny rind Chemical 5crrib PrCF,5Lrr+m Clean and Seal Coating; Includes: Heritage Park Pavers — ,Approximately 13,2415F @ $0.30 = a3,972 30 fnciudes algaecide pre -spray applicotfon to remove and treat rnildew aria' alrgne, and to rn airc defer, brighter; and longer tastingrewtts. TOTAL: $3,972.30 MARTIN & SONS RESIDENTIAL SERVICES, INC. 4531 Weston Road, Suite # 154, Weston, FL 33331 /f Tel. 954-389-0220 Email: marti!n@martinandsonr,-usa.corn /f franca@martinandsons-usa.com PRESSURE CLEANING Jj PAVER SEALING — SOUTH FLORIDA SPECIAL! T SINCE 1992 May 8, 2020 City iDt Sunny Isles Reach 18070 C0I1105 AVe. Sunny Isles Beach, FL Ocean front Park ATTN. Freddy We respectfully suhmit our quote for the described scope of work; Pre,-sprayand Chemical Scrub Pressure Clean and Coblafe-Loc Matto, Seal Cnatsj: UV of Sunny Isles Beach Ocean Front Park; Includes: Pavers Walkway anti Sidevialks —,'approximately 19,007 sq.ft. 51B Clean and Seal Rate $0.30/SF = P,,74i2.11Q rrtcrudes algaecide pre -spray apr licotion to remove and treat inddew and orgae; and to ensure cleaner, brighter, and longer fasting msafts. TOTAL; $5,702.10 MARTIN & SONS RESIDENTIAL SERVICES, JNC, 4581 Weston Road, Suite # X54, Weston, FL 333311/ Tel, 954-399-0220, Email: mortin@rnartinandsons-usa.com /%francoOlnartinand5pn5-usaxom PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 May 8, 2020 City of Sunny Isles Beach 1.8070 Collins Avg, Sunny Isles Beach, Ft. Pelican Community park ATTN: Cesar Moreno We respectfully submit our quote for the described scope of woi k: Pre -spray and Chemical Scrub Pressure Clean and 100% Acrylic Seal Coating (2 Coats): City Of Sunny Isles Beach Pelican Commurtity Park; Includes; Pavers Walkway and Sidewalks —Approximately 9,411.25 5q.ft. 0 $0,30 = $2,523.38 Lirnestwe Seating Area - $540,00 +eludes afgceclde pre -spray application to remove and treat mildew Qnd olgaF, and to enx:arr elcaner, brighter, cend longer lasting restolts, TOTAL: $'L, 5 Z3.38 ci z �G 2Y1 2 2 r EL A f U 4Y IS w ai u H �+ L eON 3 _ o o ei o o M O G G 6 H _p, N Q M 5R GR +fr S liY iJ5 4 M ON co 7 a, w w hf� $ ko +t c-di w as ca u �+ o cam- w to M w, uti -- Ww EN km 1oGp� to ko N �mt n S 9 co a H � co w +F+ W 4F 3 M un dQ m lf1 ry Q �5 b 00 00 p q' W ?A :R ^ ref, udo5yy m b 6 G IN Ci t7 r» a a o i IR O Q q d ........... _ 7 L L� s L N E.1 a � a m � c ip d z �C M kk t, bFf M4 c, ay o a_ rn m L-� o ram. d, 9 6, ea a r: zM N 1 4 Lr! U m _H Ln �v 14 rt Q10 6 rn C7 n1 r w cM a+ 14 14 ° a Chi o n e car w rr. un N. ca o �€ r Q M 44 SFl CF} e 0 4 Ln H � ry. � } n ci ci'q` Ca p lli L e u4 cA w rt c Ln Lrl O �t a , 0 Ln' �b i G L O 's 4 G 19 4� W Ah W W W a � a R N 1. L' a a � 7 0 a CONTRACTOR ANTI -BOYCOTT CERTIFICATION [PURSUANT TO FLOREDA STATUTE § 287.1351 on behalf of Print Name Company Name certifies that Company Name 1. Participate in a boycott of Israel; and does not: 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 Iran Petroleum, Energy Sector List.; and 5. Has not engaged in business operations in Cuba or Syria. Signature Title Date Florida Statute 448,095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E- Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further„ the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Farms for inspection. By affixing your signature below you hereby affirm that you will comply with E-Verify requirements. Company Name Offeror Signature Print Name Federal Employer Identification Number (FFIN) Date Title Sworn to and subscribed before me on this this day of 2021. By ❑ Is personally known to me ❑ Has produced Identiflcaflon (type of Identification produced: ) Signature of Notary Public Print or Stamp of Notary Public Expiration Date { >v >rrt ar�TWBEN� TIDE O.TV O SUNNY ISI�E8 BEACH v _ AND i�IAItTI�Y SONSIHNTIAI. IVICES Tlx: "•• '��4a'' a• C;QNTRACT NO.6222.091 T 1S AGREE NT (hereinaftri referreclto as the "Agreement") is ntada ill duplicate, ibis ' day o€ 4 OV, ,, 201 S. by: and betwcen•the -CITY OF SUNNY ISLES BEACH, (hercinnitor referred to as "City'), and MARTIN & SONS, R19SIDENTIAL SERVICES, INC:.; a CoTroration authorized to do business in the Slate of Flctt-ida- (hereinafter referred to as " Contra atur") vdiose Fedettal I.D. # is 65&5 56 545. 9ECII[ALS WLITI11 EAS, City is in need of C'oritractar to provide pressure cleaning s{;rvices throughoutthe City eat an as nccded basis (: Services"); and WHEREAS, COntraBtQT is a certified anO insured company u7ththe nwc.5sary experience to provirkc: the cicsired Scrvicas; wad WHEREAS, Contractor has expressed the ability and desiroto provide these Services to the City pttr3uant to the pricing terms and aon iaioas aIY red to the City ai Wcsion, F1064e, via Request forPropasnl ("ICF%P") inn. 2011-05, which is incerporatedh=ivt by reference; and NVI-TERBAS, pttrstiant 0 tb-- ChY's pfocummcnt code provisions, pttrohases made under state, county or other governmental contracts, or cornpctitivc bids witlt other govaritmentel agencies are exempt from the C'•ity's eompetitivo bidding proacdkvcs; and wifti REAS; tlic City desires to enter into this Agrcern(ml with Contractor to provide the Services in atotal uwunt not toexeeedThirty Thousand Sixty Five Dollars and Fifty rout Cents ($30,065.54). NOW THEREFORR, in considenn ion of the tmutuaE (0WjtSn1s Cautaincd herein, and for other valuable consideration received, the :receipt and sufticienry of which are hereby acknob,\'ledged, the parties agree as fallo► - 1- RECITAL The Recitals set forth above are hereby inoorporated into this Agreement and tttade a mart herd' roc reference. 2. 5>G4tVf(:'LS. C'orttiactal' agree$ to pmfomi the Servicesa5 moie particularly descriUed kn Attachrment "A", u copy of which is attached hereto turd iiiwiporated herein by reference. 111e Setviccs shall he pe( ormod by Contractor to the full satisfactiost of trig City, Contractor agrees to have a qualified representatk to audit aN inspect the Services provided on a regular basis to Onsure ark Services am baing performed in ctccordance with the City's needs and pursuant to the terms of thus Agreement, and §pall repot to {hc City secotdingl f. Contractor agrees to imnie,dketely inform thet;ity via telephone and in writingof tiny problemsthal could cause damage to tl)c (atty*s property, imps nrunients and PMOtts. Contractor will Mquirc its anIPIO'ecs to 1-mrforrtt their wort; in v maimcvr consistent with the type and scop,- of work to be perforrtled. 3.jEgM. Subject to the provisimm-relating to the turrnirtatioit of this Agreementas set faith in Suction $ hereunder, the terra of this Agreement shall contraence upon execution by the City and shall terminate tto later than one (1) year thereafter, Nvith the option to renew J01 two P) additinnal one (1) year term, 62_)-697Mvain,A Sum Rrsldeutial SMiC4 ATTACHMENT "Arl M 4, - CoMPENSA'PION. The Contt'acior agrees to provide tlta de'g► ed Services to tbe, City in a total aM011nl not to exceed ThHy Thousand 3iXty Five Dollars and Fi fty Fouc Ceats (S30,065.54) during the initial one year term as well as during tha optional one ymr renewal tkmYi..PaymA:nt to Cuntractor for all chamas and tasks unr'er this fteernent shall be in acoordance wish [big Agreement and the schedule of charges and .tasks ref1wed under the U1owing cxrnditions. Payment to Contractor far all charges and tasks under kris Ag.eetnont aliall be accordance Vitltthe sr,NAute of charges reflected in Attaoluncnt `-A", under iHe Failowitlg conditions: A. llisbcirsegr ts. Tyre we no rcUnbzusable expenses associated with this canlra A. b. 1'a Ten 5Chrdule. Invoices received from t`t]z {'.vntnleter pursuant to tills Agrecmcn# will be craiewad by tha.initiatng C (Nye Orr2itmern-. if Mvi:.i�'s bf-yo becaa naiderecl in oonformity with the Agreet=nt, tte invoice will be sent to the Pinaace Dtpartmtnt far payment, Invoices mug! vorerenm the oantraet number assigwd hereto. Jnycrir e.N will be paid in Accord nw with the State of Florida Prompt Payment Act. The 0tyiwill pay properly submitted Ccntrawr invoices within !hirty (10) days of receipt, fof complcted and accepted deliveries or specified services andfor guods, unless the City uotifes the Carttrztor in writing of the dispute, befuro the payinent is due. e. Ayailahility of Viinds. The City-s parfcA-martce and obligation to fray under this Agreement is contingent. upon an aTmr wl appropriation far its purpose by The City Commission. d. Final i nnv ice- In order Co both parties herein to dose their bnoks and records, the Contractor will clenrty state "final invoice" on theCQniructor's finatflest billing to the City. This cer�tifles that all services have been properly perfonued and all charges Lind wsts have been invoiced to the City. Sitim tl]is acruunt will thereupon be closed, any other additional charges, if not properly included tat dies filial invoice, are- waive,1 by the C:arttracror. Contractor shall make Tao other charges to tliv City for suppll;n, labor, taxes_ licenses, permits, overhead oz' any otlsar expenses ar costs TlllleSs any such expcnsc or cast is incurred by C',ontiactor with 1ho prior written approvil of the City. If the City dispotcs any charges on the 11M1C:s, it n]ay make paym€nt of the nnt unicstcd stnatints anti' w1thhold paymcA on the ctlntested amounts until they are resolved by agreement whh Contractor. Contiac#or Shall tznt pledge flip Uy's credit or kngcc it a guarantor of payrrcat a surety for any crtttract, debt, obligation; judanient, licn,nr any fora of indebtednms. The Contractor further viarronts and rep;e3c its that it has no obligation or indebtedness ,halt would impair its abitity tee fulfill tltc tenns of this Agreement, 5, INDEpE ENT CO TRACTOR : LATIONSHIP, The Conb';ictor is an independent cGntractor and shall be treated as such for all purposes- Norl]ing contained in this Agr(eemenl or any aotiorl of the panics shall be construed to constitute. or to'ren4er the Contrxclor an 'etnptoyev, partner, agent, ShRccholdce, officer or in any other capaciky other than as ah indcpcndcntcvntrantorotherthan those ahli4aiivrs wltichhaivebeen or shall hove born undcrtakcn by the City- Cofltllctar shall be responsible for any and aii of itsowrt expenses in perforrn'mg its WT-G232 N-VLln&Soros Rnidmltml Srdlkts clutics as contemplated under this Agtuiwtikt. The City shall nut be responsib]r for any expense incurred by the Contractor.. `],"tie City shali ltave L7o duty to wilhliLild any Federal income taxes or pay social Security services and that such obligations shall be that of the Coutreetar, other thalt those sv: forth in this Agreernemt. Omtractoc sh.'tll fitmish its own transportation, office and other supplies as it detetmines-necthnE y in carrying OLLI iLs duties under this Agreement. OiY `FRS1][iP QLrUDCUNLEI! S A]VD T UIPME T. Al] dMliMeills prepared by the contractor pursuant to this Ag=mznt and related: Services to this Agreement are intended and reprosaiiLed for die ownership oi'the City only. Any other use by Cont-tactor or ethoi palsies shall be approved in writing by the City_ If requested, Co6Lt &ctor shell deliver the documents to the City wi lhiri LUtCCn.(1 ?) calepdar deLys, 7. 1NSURANfE. Contractor shall; at its sole cost atld expanse, duiing the peruad of any work being perfon'ned under this Agreement,; proeive amd m intnln the followlrs minimu'll insurtit7Ge coverages to protect the City and Contractor against all lo3e, olainms, damage sttd liabilitiescaustd by ConLraaior, its agents, or employees, as indirated blow: r, CoMpi-eitensive General liability tnsuranm includiryg bruatl 'i'arni cautractual liability cavemge fd all operotions, inelMing, but na limltcd to, PreLnise'-dopolutions, Products1completed Operations, Contractual, Lidopendent Contractors, Personal Injury and Property Damage liability wine min rnuin limits of Qne Million Doltars (.11,000,00.00) per occurretce. o Worker's Cornponsaiion, a5 ragiiircd by the Sidte of Floeida Employer's Liabili(y. 0 Btuiness Aulomobilcl lability which shall include coverage for all o�wled, ncsn-owned slid hired vehlctat� fur rninimma t'sniits of nmt less than •One Million Dollafs (S 1,000,000) ' per oc:cumence. One Wlillirrfl Dollars ($1,Qb0_Q4l}� per aceidonl for bodily injury and Five 'ALuldred Thousand i)ollarg ($5%,000) per accident fur property damage. Itisuranw required of the GUntraOtOf Shall be primary W. road not witt-ibutt; with, anv h1" mncc Or sc11i.insuran= maintained by the City. 511th iIsLrmnop, shall nol diminish ContL'aetor's inclarnnil icadon axed ohl ibatiails hereunder. The kls;LWUlte policy(ias) shall he issued by companies auihorixed to do business under the laws of the. State of Floridaantl aweplableto the City with a minimuni A.M. BQSL rating of A-Pxcellent. ` Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish la the City certificates of insurance ¢vi&neing the 1119nirnunt required coverage and shall be appropriately endorsed for cunivnehial liability, with the City Mimed at adilitionat insarcd_ All policies shell coLituhi a waiver of s'ubrogtttion endorsement. All pol►cles ai d certificates shalt be in forms and issued by isLsurattee companies ac mptable to the City Manager or big d°sillr- . Ali irisurat trotiaies and celtifiC.t'ttes of imura.rce shall pro Ado that the policies rtiRy not be cELncekd of alLereci Witho kit thirty (30) days prior written nano- Lu the GAY, C:oii4actor shall also rcquirC and cnstuv that each of its sub-contraetats providing scrviees heretuydar (if any) pipcures anr• mat vilis, until llic ct+mplckion of the services, i31JIUMN oFthe types and to the limits specified hetein. ANY LKCIPTiONS 01.b?21 MauLn & SO AS RCgjdarzint %z iLn TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST Er', APPROVED IN WRITING BY THE CITY, 8, TKIRMINATION AND REMEDIES FQR HD.EACH. A. If, dkrcugh any umise.within remonable Comm], thcC:ontracror shall fail to fulfill in a timely mariner or otheiwisc violate oily of the ooyenanty, ogreemcmts or stipubations material to thisAgre6ient, the City shall have the right to terminate the Serti-tcNs tiled reinaining to be pereormod. Prflar to tlra exercise of its option to wrnlinate for Cause, the City shall notify the Contractor of its violation of the pat'ticulat ccrrr,S c t' ilie Agreerrteot and grartt Contr401,o ten 110) days to Cure such default. If the default remains uncured after tell (10) days the City may terrniiWe 111Ms Agreerneni, and tbc, City shall receive a refund frow tits Cronl.raotor in an awuat equal to the octuaJ Cost of a~ third party to cure -ach failure. If Contractor fails, rorkiscs or is unable to perform any trim of this A,8mement, City shall pay far seiviucs rendered as of the date ciFtermiriation. (0 In the event of tetznittatian; all finished and urrlinished dtalmeats', data and other work product prepared by Curlti�trtar (and sub-Co'ntrtictnr (s) shell he d6ivomd to tho City and the City shOl compensate the Contractor fir all Services satifsfactorily perfom-iod pi inr to the date of tennbiation, as provided in Paragraph 4 Herein. (ii.) Notwithstanding t}le foregoing, the Controctorshall not b;, rclicved of liability to the City far dainages s stkimd by it by virt-ac of a breach ofthcAgreemeiit by Contractor and the City niiay reascmtLbly withhold paymQnt to Contractor for the purposes of set-ofY' until such time as the exact amouni of darniages due die Cily fruni the Cos Lnu;tur is determined. B. jgmilnodionibr Convenionm of6ty. The City nay; for its convaulence mid without cause terminate the Services then remaining to he performed at any tirne by giving Contra AOF ten (I 0) days vazitten nn4icc. T'he teens of Pat-agranh A(i) and AQ i) above shall he applicable hereunder; C, 'Fernlinatio Tnsniyet� The Citv also mwrve; the right to lerrninate the remaining Services to be perForrriad in the event the Contractor is placed cithOr in Yolur)tary nr invQluntary bankruptcy or makes cony assigamcni for (tie benefit of creditors, • 9. JUIIMCTION VRI,VE AND WAIV ilk JifRYTRIAi,.. This Agreemcntshatl be interpreted and construed in accu,)rdance with aad governod by the laws of the State ofFJodda. Alt parties agree and UEMIlt that jur6diolion of any dilpute or controversy arising out of this Agrc,cinetit, rand any mction involviag the cnfdreement or intcrliretutiwi of any rights het'etuider shall be brought exclusively in ttie Eleventh Judicial Circuit in stud for hhiumi nede Comity. Florida, and venue for litigation arising out of this Agreement sliall be exchi dvely in such state courts, forsaking i3>ty other jurisdiction which either party may claim by virttte•of its residency or Other jurisdictional device_ Tn the event it b6minefi necessary for the City to file a lawsuit to 992- It IA1Lin e. 9oM1 Residrntial Services etaftirce any term m provision under this Agreetrtent ntid the City is the prevailing sally then the City shall bontiticd to its costs and attorneys fires at the pretrial, trialartd appellate:1cvals, _by F,ITEPJNG INTO THIS AttREPMENT, CONSi. LTANT A,Nr) CITY HEREBY EXPRESSLY WAIVE ANY Rl()TiTS P..'1"ME;R PARTY MAY, Ii,AVI.", TO A'1'RIAL BY JURY OF ANY CIVI(, LIT(GATf'0'tif RELATED TO THIS AGREUMIINT. Nothing in this A.,gr-,vmrnt is inleaded to �ervc as a waiver ofsDveroign immunity, to of tiny other inunursity, dpfnse, or p0ilege enjoycd by the City pursuant to Section 768.29, Finrida Statutes. 0. CrU11'Tr'FI)1F N T'TAi, INY(.)JRMATIO . "I"ne Contractor shall net, eilher (luring the terns of this Agmemrnt or Any time for a period of ten (10) yaars subsequent to tbal date upon which the Contractor shall leave the cmpioyawrit ui the [pity For any r+ ison whatsaever, disvlose to any person or entity, other than in the discharge of the duties of the Co"Irflctol under this Aormnmt, any info rnation wUs1 the Cit;r dasl9Flutes in w' c -writing as onfidemtial.'I A.s a viclation by the Corrtraowr of the provisions of this Sec: iorl oouldcause irreparable injury to ibe City and there is w adequate remedy at law for such violation, the City shall have the right, !it addiltion to any other rerxicdies availrrble to it at law or in equity, to cnioin the Contractor from violating such provisions. 11. tYLlTIC19 All notires and oilier communications required or perin tied to be given uzidcr this Agreement by either party to the Other shall be in writilte and shall bt scnl (except as otherwise provided herein) (i) by certifitt] or regislerecl mail, first class passage prepaid, tetwii receipt requoste.ut, (d) by guaranteed overnight delivery by �,natiunally recogidUd courier service, or (Ui) by facsllmlo With Conf`lrmwion mc6pi (%vith a copy Simulttnneousty Sera by certified or registered mail, l'tt'st class postage pmpaiti, retum receipt re(luas1tid Or by Ovcmight dclivcry by tradMonalky reeognized courier service], addressed 10 surkr party as faltows: it to the City Christopher J. Russo, City Manager City of'Sitnny Isles Baach I8070 Collins Ave mle Fourth Floor Sumy Isles Reach, Florlda 33160 TO, (305) 792-1776 if to the Ctuitructor : Attu; Franco Praft . Martin & sons Residential Services 45al 154 Northl.ake, IL60164: Tel: (954) 389-0220 �nlail: fran co �,mo rti ntmdsonx-u sa, cam With a copy tar-----� Bans ottinot City Altarney City of Sminy lslea Beach 18070 Collins Avenue Fourth Floor' SttralyIslcs Beach, Flo ri da 33 ) 160 Tcl; 305 792-1766 12, GOVERNING LA,W. `l'his Aglreemeni shall be governed by ar[d construed in accs1rclance wit`i the laws of thrr stag of Florida. Fenno slinll he in Myhmi l�1dC: otrnty Florida. w [3. AUDIT. The ContrastnF shall make availsbtr: to the City or its rapresentn°ivC all required fmancll l records A380eiated with the Agreement bor a period of tluee (3) years. M,6221 Njualn & Sons [t0Wt;r11ie1 SCMU-S 14, PUBLIC WORDS.* The Consultant shall be required to comply with the following requirements wrier Florida's Publ is Records Latin: (i_) Consultant shall keep and =intain puhltc record=_ requited by the City to purferrn the scrvi_co, (ii.) Upon request from the City, Consultant shall pfovwc the City with a copy of rie requested records or allow the records to be irgpeCrted OF c*pied Zrithin arcasonablc time at a coat thm doe-5 nat eX� the cast provjdcd by Chiipter 119, ) 101-ida Sldtutes, or as.othcrwise provided by law. (iii.)C;3nsultent shall eaisure that public reec,dsthu*are ca tmpt&ad exempt from ptiblic records disclosure requiremants are, aot disclosed exu�pt as authorised by law for the duration of the contract term and foiiotvirig cotrtpletioa of the contract if the Corsullant dons not t[ansf2r the zeacrrcls to the City, (iv.) (:wttIEant sUl, upon compkctioaa; of the contract, transfer, Ott no amst; to the City all public records ill possession of the Consultant or keep and maintain tmuhliu records required by the City to perform the service. if the Consultant zramfers all public records to the {sty upon completion of the contract, the Consultant shall dostray any duplicate public rewrdy that are exempt or confltletttial and exempt froin public records disclosure requirernents. If the Cansaltani keeps and inafri ins public: records upon cornplelion of the cantraet, the Consultant shall mmt all applicable regtiffi en ots for retaining pztblic records. All reooids stored deutronieally must be provided by C;Cnsultant to the City, upon request from the City, in a format that is compatible with the information E>*Glii'tology Systems of the City.. IF THE CONSULTANT itAS QUESTIONS REGARDING THE APPLICATION Or CHAPTER 10, FLORIDA STATUTES, TOM CONIM NA NT'S DUTY TO PROVIM PUBLIC RECORDS ttPLATINC TO TFITS CONTRACT, C£]NrACr Ton, arrs CUSTODIAN OF I'C;13LIC RECORDS AT (305) 792-1703, C:OX.terl asihMnet, 18070 Collins Avenue, 4111+ lonr, Sunny isles Il ach,'Florida 331 15. NON-.DISCR.IWNATI.ON. The Contrjcicar agrees to comply with all. ltrcat and state civil rights ordinances and with Title V I of the Civil Rights Act of 1984 as aims nded, Tide V1lI of the Civil Rights Act of 1968 as amended, Title i tJf [he Housing, and Commurtity Ucvi;lopmn -nt Act of 1974 as amended; Section 504 of the Rehubilitation Act of 1973, the Ainer cans %vith Qisabilitiey Alt of 1990, the ,Age i)iscrimination Act of 1975, Executive order 11061, end with Executive Order 11248 as amended by Fxtomeive Order 11375 Hid 17386_ The Oontrmtor will not discrinrinalc Agabw tiny �mptoyue or applicant for cmpioyment because of race, color; creed, religian, ancestry, national origin, sex, disability or other handicap, age; imaritallfamihal status, or stators with regard to public rjssistance. The Contractbr will take of in -dative action to lusure that all employment practices are freefrom such dimriinination. Such employrent practices include but are net limited to the following; hiring,, upgrading, demotion, tramisfet, recruitment or recruitment advertising, layoff, tenninution, rates (if pay or other forms, of compexistation, and selection for training, including apprrntimhip, The Contractor agrees to pa3t in conspicuous places; available to employees anti applir=ls foremploylt eat, notices to be pmovidcd by the! {pity seizing forth the prot'isions of this non-discrimih#lon clause_ 'Ro Contractor agimes to comply with any Fczieral eegulatioM issued pursuant to compliance with Section 504 of the Rehabilitation Al t of 1973 (29 V S.C. 748), which prohibits discrimination against the handicapped in any FLdorally assisted program, 047.6r22 i ivdci & 9=s ttcsidmki Ban'iuo 16. C4IYISLICfi OF INTEREST. 'The Contractor apree5 to adhere to and be govehmed by Me Miaini.-Dade Comity. Conflict of I17terc8l Qrtiinance Sectiai 2-11,1, as t!mended; and by Chapter 33 of the City of Suttny 15101 Beaeh Code, of Ordina:ioes, which am incorporated by reference herein as if fully setforth herein; in comiectioti with the: Agree liter.t conditions hereunder, The Coatt'actor covenatits that ii presently has no interest and shall not Arqu irc arty interest, directly or indirectly which NUld conflict in any mariner or degree, with the performaace of the Services. Tha Contractor further COVE TautS that i n the performance of this Agreement; no person having any such interest shall kiiQtiwingly be employed by the Contractor. 'The Canh"artor guartuitM that helsh; has .iot off=d or given to any member of, delegate to the Omgress of :he United States, arty or part ciftW,, contract or to any honctiz briiing, therefrom. 17. I! a MNIFICAVON AND WAIVER OF LIABILITY. `flie Contractor agrees, to the fullest extent permiited bylaw, to di:ferLd, indemnify and hold ht rmtess the City, its agents, i piescrttatii�e3, officers, directors, officials and eiitployou9 rrom and against clauns, damages, losses rind expenses (including. but not limited to ak(omey's Fees, vTbitrition costs, and cants of appellate proceedings) relating to, a6811CIg ant Of or resulting from tM Contractor's negligent bets, errors, imistake5 or omissions Mating to profmional Scrvices perfbnned under this Agreunieni. The Contraclor's duty to defend, hold harntlesssnd indentnil'y theCiiy, its agents, representatives, officers, directors, O'ff4i-AJS stud empl0yeed Shall arist irl. rarntecliotz with any claim, damage, IosS or expease that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or dcalruction of tangible, property inalud'utg loss of use rosul;ing tltcref`.tom, cttu.5- t by any negligent acts, errors;, mistakes or omissions. mlated to Setvices in the per€onnance of this Agreement including any person for whose acts, errors, rnisiakes or omissioffs the Contractor may be legally liable. The paitiesagrecthat'1EN>aC)I.,I,ARS($10.00)mmsuitsspecific cvrisideracion icr the Contractor for the indouadfication set forth herein. 18, COMPLIANCE WITH LA.1t4'. Consultant shall comply with all imys, regulations and ordirianc s or any tcddral, state, or lo0al governntcnted authoricy having jutisdiotian with respect to this Agri cincat C"Applicable, Laws") and steal l obtain ai nd maintain any and all rnateiial permits. licenses, approvals and consents nccesst:ry for the iav4V1 conduct of the activities contemplated tinder thh; Agrcc,mcut- 19_ CONFLiC11N. The terms and condi,iomin ihis Agreement shall take priority and suporsedc any other ineoiisisfent or Coidlkting proviSiOjs that aM e0ritainrtl in Any otbry dneUMPLIt or attachment, including but not limited to Attachments "A" and''3", attached hemto aitd inccupurated honin by referetwce, or arty other doctrmeni ur attachmcmt not s}tecilically attadisd herew or otherwise, refueneed i n this Agreeanent- 20. MISCELLANEO-US, A. In the cvcnt any provision of this Agreurient is found to he void acid unenforceable by a rerun of competent jurisdiction; tl,e temsining provisitsns of this Agreetnent shall nevertheless be binding upon the patties with the same effect as though the void oT uticoforccable pro visions had been severed and deleted. B, 'this Agreement may by cxGoutcd ir multi rile idenduni Counterparts, each c f wMch shall by i ce med w, original for till purpowe;;. Pi7-6222 MUlin & 5611s ric5ii1.nna] strric27 C_ No waiver of any p+avision of t116 Agmeni nt shall he valid or enforceable unless such waiver is in writing and sigacd by the party granting su0h waiver_ D. each individual executing this Agreement on Mialf of a pasty hek-eta hereby represents and warrants that he or she is, on the date he or sha signs this Agreement, drily authorizes by all necessary aad Appropriate action to execute this Agreement on behalf of such party and does so with full legal auilvitity to bind their respocrivepaq to ihis Agreancnt. E. This Agreement con«ains the cntira agreGmMt of the parties, p nd maybe smended, waived,'chnnged, rnodified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescir'sion is sought. fly6Mr11Rd.-r of pnge Wet;lroiralty itfl NO kf V-62?2 Ntanin & Sons ksiLl16al SCR-icm IN WITNESS WHBRVCF, the panics hereto have mcuted this Ageeement in OUPI;Ute nn thoda7 and year fits#written ubon. WITNESS., NYAxm & SoN$ R SIDENC'IA.L MV1eFs, INC. Flint Maw; Pdn#aign name of rdtpdrate ofFiaCr S inn Narr+e ' ATTAST: CITY OF SONNY MRS BE-kCH BY: ' rVki5lIC1Gl4r" -.Aatilc r, ICMC, City Clerk r . Russo, City Manager L G� APPROVY D AS TO PORld AV LEGAL SUFFIMNCY 8 artsncrtt ti�cud 047-W2 Manir A SO." (tradcu(iY13uw_rt� 9