HomeMy WebLinkAboutReso 2021-3261RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH
ENVIRO WASTE SERVICES GROUP, INC. FOR STORM WATER MANAGEMENT
SYSTEM PREVENTATIVE MAINTENANCE SERVICES, IN AN AMOUNT NOT TO
EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00); AUTHORIZING
THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") is in need of storm water management
system preventative maintenance services ("Services") and issued Bid No. 19-08-01 ("Bid") of
which two (2) responses were received; and
WHEREAS, the Bid response from Enviro Waste Services Group, Inc. ("Contractor") was
determined to be the lowest responsible and responsive bidder for to perform the Services; and
WHEREAS, on November 21St, 2019, via Resolution No. 2019-3012, the City Commission
awarded the Bid to, and approved an Agreement with, the Contractor to provide the Services,
as set forth in the Bid; and
WHEREAS, the Contractor is qualified, willing and able, and has expressed the desire to
continue providing the Services to the City; and
WHEREAS, the City wishes to exercise its first of three (3) renewal option for a period of
one (1) year, pursuant to Section 3 of the Agreement; and
WHEREAS, the City wishes approve a First Amendment to the Agreement with Enviro
Waste Services Group, Inc., in an amount not to exceed Two Hundred Thousand Dollars
($200,000.00), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of First Amendment. The City Commission hereby approves a First
Amendment to the Agreement with Enviro Waste Services Group, Inc., in an amount not to
exceed Two Hundred Thousand Dollars ($200,000.00), attached hereto as Exhibit "A"., attached
hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said First
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
R2021_First_Amend_W_Enviro_Storm_Water_Mgmt_Sys Page 1 of 2
Section 4.
A
Maurici
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 18th day of November 202 .
May6( City of Sunny Isles Beach
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ncu , CMC, City Clerk Edward A. Dion, City Attorney
Moved by: �O�ltil/SS/DNEL
Seconded by:
Vote:
Mayor
—Z(Yes)
(No)
Commissioner Lama
_,4Yes)
(No)
Commissioner Viscarra
✓ (Yes)
(No)
Commissioner Seat 1
(Yes)
(No)
Commissioner Seat 3
(Yes)
(No)
R2021_First_Amend_W_Enviro_Storm_Water_Mgmt_Sys Page 2 of 2
c° yyHnr l,[i'
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND
LC`Oyd�tr ENVIROWASTE SERVICES GROUP, INC
c.!Or }u11 !u
CONTRACT NO. 2019 - 5737
This First Amendment to the Agreement between the CITY OF SUNNY ISLES B1�CH
("City") and ENVIROWASTE SERVICES GROUP, INC., ("Contractor"), executed this "day
of �Paek& 2021, is made a part of the original Agreement ("Agreement") dated
December 11, 2019, between the City and Contractor, a copy of which is attached hereto as Attachment
"A", whose Federal Identification # is 65-0829090. The City and Contractor hereby agree as follows.
1. TERM RENEWAL. Pursuant to Section 3 of the Agreement, the Parties hereby wish to
exercise their first option to renew the Agreement for one (1) year. The effective date of the
renewal term shall commence on December 11, 2021. Thereafter, there will be two (2) one-year
renewal options remaining.
2. .ADDITIONAL COMPENSATION. Effective December 11, 2021, the Parties wish to
amend Section 4 of the Agreement to include additional compensation for the one-year renewal
term in an amount of Two Hundred Thousand Dollars ($200,1100.00), thereby bringing the total
contract amount inclusive of the compensation herein to Six Hundred Thousand Dollars
($600,000.00).
3. 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. 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 "B". 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 287.135.
4. 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 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, Contractor is required to verify employee eligibility
using the 1 -Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must 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://www.e-verify, ovg /employers/enrolling-in-e-verify) and follow the instructions. The
Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "C".
5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties dated December 11, 2021, shall
remain in full force and effect.
6. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Attachment "A", `B", and "C".
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the
date mentioned above.
WITNESS:
Signature
Eduardo Barba
Print Name
A
L
Page 2
ENVIROWASTE SERVICES GROUP, INC.
BYU:
Signature
Paul Quentel
Print Name, As its CEO
CITY OF SUNNY ISLES BEACH
BY:
4C-elayo=r
APPROVED AS TO FORM AND
LEGAL S FFJJICIENCY
BY:
Edward A. Dion, City Attorney
Attachment "A"
Original Agreement
Page 2
NMr r, AGREF EMENTBETWEEN THE CIfiY!2FSUNNY 1MESB
AND ElVIRO♦AM JJR1ICLS GROUP. INC,
I
" CONUACT NO, 2019 - 5737
t ,
PA THIS CONTRACTUAL AG ENT (hereinafter refereed to as the
4,'n�'
"Agreement") is made in duplicate, this j ay of r�Ir+,019, by and between the
CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and
ENVIROWASTE SERVICES GROUP, INC., a corporation authorized to do business in the State
of Florida (hereinafter referred to as "Contractor'') whose Federal I.D. # is 65-4829090,
RECITALS
WHEREAS, the City of Sunny Isles Beach is in need of licensed contractor to provide all
labor, equipment and materials to inspect and clean approximately fifty (50) deep drainage wells
stmetures, approximately three hundred and ninety (390) stormwater catch basins, 170 stormwater
manholes and clean approximately forty-two thousand (42,000) linear feet of pipe within the City
("Services"); and
WHEREAS, pursuant to the City's Purchasing Code the City issued an Invitation to Bid
(ITB No, 19 -OM 1) to perform these Services a +copy of the ITB is included as Attachment "A"
Contractors response to ITB No. 19-08-01 is included as Attachment `B'; and
WHERIAS, Contractor is a certified and insured entity with the necessary experience to
provide the desired Services; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
Services to the City for total amount not to exceed Two Hundred Thousand Dollars ($200,600,00)
annually, for an initial period of two (2) years with the potential of renewal as further detailed below.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows;
I . RECI I'AIGS. The Recitals set forth above are hereby incorporated into this Agreement and
made a part hereof for reference,
2. SERVICES. Contractor agrees to complete necessary labor, equipment and materials to
inspect and clean approximately fifty (5'0) deep drainage wells structures, approximately throe
hundred and ninety (390) stormwater catch basins, 170 stormwater manholes and clean
approximately forty-two thousand (42,000) linear facet of pipe within the City. The disposal of the
debris shall be the responsibility of the Contractor. The Services to be provided are further detailed
In the ITB attached as Attachment "A" and Contractor's proposal attached as Attachment 49B" and
incorporated herein by reference. The Services shall be performed by Contractor to the full
satisfaction of the City. Contractpr 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, Contractor will require its employees to perform their
work in a manner befitting the type and scope of work to be performed.
2619.3737 Envirowaste Services Clroup, [GG,
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Pax
3. TERM & RENEWAL OUJON& The term of this Agreement shall begin upon the full
execution of this Agreement by all parties and shall terminate two (2) years from the date of
execution of this Agreement, subject to the City's ability to terminate in accordance with Section 8
of this Agreement. The terms of Section 15 entitled "indemnification and Waiver of Liability",
Section 18 entitled "Warranty of Construction", and Section 19 entitled "Defective Work" shall
survive termination of this Agreement.
This Agreement may be renewed upon mutual written agreement between the parties for a period
of up to three (3) one-year renewals. Upon a contiact renewal, the City may consider, upon request
by Contractor at least ninety (90) days in advance of a renewal, an adjustment to price based on
changes in the following pricing index: Consumer Price index for Urban Mage Barriers and Clerical
Workers (GPI -W): Miami -Fort Lauderdale, FL. No price .adjustment may exceed three percent
(3%).
4. CONI RNSATION. The Contractor agrees to provide the desired Services to the City,
including all labor, equipment and materials, in -aa amount of Two hundred 'Thousand Dollars
($200,000.00) annually, for a total amount of the initial two-year term of Four hundred Thousand
Dollars ($400,000.00). Payment shall be made on a monthly basis following the satisfactory
completion ofwork by the Contractor.
a. Contractor shall submit by the 10 day of the following month Contractor's
completed Statement of ServimtInvoice. Should the 101h fall on a weekend or
holiday, Contractor shall submit its Statement of Servicesllnvolce the next workday.
A late Statement of Services/invoice will not be paid until the next month's billing
cycle. The Statement of ServicestInvoice shall indicate that all services have been
completed. In addition, Contractor agrees to provide the City with any additional
documentation requested to process the invoices.
b. Disbursements. There are no reimbursable expenses associated with ibis contract.
C. EgmentSchedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Payment will be
disbursed as set forth above. 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.
d. Availabilily of Eundl. The City's performance and obligation to pay under this
Agreement Is contingent upon an annual appropriation for its purpose by the City
Commission. '
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
2019.5137 BnVIMM5ta Services GTOUN Inc
City v,j'SannyIsles Beach t8070Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947.0606 phone (305) 9493113 Fax
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 Inas no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
S. li MLP. LrNDEN)i CONT,RACTORjItELATI—ONSAI P 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, 'Me 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 detennines necessary
in carrying out its duties under this Agreement.
6. OWMERS)UP of DOCUMENTJ AND XQ1�MENI. All documents prepared by the
Contractor pursuant to this Agmement and related Services to this Agreement are intended and
represented for the ownership of the City only. Any other use by Contractor or other parties shall
be approved in writing by the City. If requested, Contractor shall deliver the documents to the City
within fifteen (15) calendar days,
9. INSURANCE. Contractor shall, at its sole cast and expense, during the period of work
being performed under this Agreement, procure and maintain the following minimum 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:
A Comprehensive ,,General Liability Insurance, including broad form i
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) per occurrence.
Q Worker's Compensation, as required by the State of Florida Employer's
Liability.
D 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) per' occurrence, One Million Dollars
($1,000.000) per accident for bodily injury and Five Hundred Thousand
Dollars ($500,000) per accident for 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
2019-5737 Envirowaste Services Group, 1100
City ,of funny Isles Deoch 18070 Collins Avenue, Sunny Isles 'Beach, Florida 33160
(305) 947-0606 phone (306)'949-3113 Fax
indemnification and obligations hereunder. The insurance policy(ies) 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 ofd, -Excellent. Before any work under th Is 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 hdditional 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. The City reserves the right from time to time to change
the insurance coverage and limits of liability required to be maintained by Contractor hereunder.
Contractor shall also require and ensure t'hateach of its sub -contractors providing services hereunder
(if any) procures and maintains, until the completion of the services, insumnoe of the types and to
the limits specified herein. ANY .EXCEPTIONS TO THE INSURANCE REQUIREMENTS
IN THIS SECTION MUST BE APPROVED IN WRITING BY TIM CICfY.
8. TEBMINATION. AND REMEDIES 00-R 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, agwirients 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 tan (10) calendar days to cure such default. If the
default remains uncured after ten (10) calendar 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 third party to cure such failure. IfContractor fails, refuses or is
unable to perform any term ofthis 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 (and sub -Contractor (s)) shall be delivered
to the City and the City shall compensate the Contractor for all Services
satisfactorily performed prior to the date oftermination, as provided heroin.
(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 immediately terminate the Services then remaining to be performed at anytime
by giving twenty (201 calendar days written notice. The terms of Paragraph A(i) and
A(H) above shall be applicable hereunder,
2W-5737 Envirowaste S OO$ Group, tnc
City of Sunny Dies Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160
(305) 947-0606 phone (305) 949.3113 Fax
C. Termination for insolr+encv, 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 bankmptcy or makes any assignment for the benefit of
creditors.
D. Termi at" n for failure to adhere to the public sLaw, Failure of the Contractor
to adhere to the requirements of Chapter 119 of the Florida Statutes and Section 18
below, may result in immediate termination of this agreement.
9. JURISDICTItON. 'V,RURK_. ND AAME -M 1URY 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 ofany dispute or controversy arising out ofthis 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 decessary for the City to file a lawsuit to enforce any terns or provision under
this Agreement, 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
1 iEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A. TRIAD BY
JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMBW. 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. CQNFIDENTIAL INFi'ARMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of 10 ('Ten) years subsequent to that date upon which the
Contractor shall leave the employment ofthe City for any treason whatsoever, disclose to any person
or entity, other titan 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 itriiparable-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.
It. P+tfl, ,, TICE,S. 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 natlonally recognized courier service, or (iii)
by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered
trail, first class postage prepaid, return receipt requested or by overnight' delivery by traditionally
recognized courier service), addressed to such party as follows:
2019.5737 Envirowaste Services Group, Inc
Qy of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
If to the City;
Christopher J. Russo
With a copy to:
City Manager
City Attorney Office
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida
Tei: (305) 792-1701
33160
Tel; 305 792-1767
If to The Contractor:
Envirowaste Services Group, Inc.
Julio Foaon, President
18001 Old Cutler Road, Suite .554
Palmetto Bay, FL 33157
(305) 2811352
Julio.foloonni evim"stesta com
12. 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.
13. hLON-DISCRXNXM1I0—N 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
Actof 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 ether handicap, age, maritallfamilial 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 piactices 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-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.
14. CONFLIC1 1 INl'l� ERBST. The Contractor agrees to adhere to and be governed by the
Miami -Dade County Cgnflict 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 acquire 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 be employed by the Contractor. The Contractor guarantees that he/she has not
2014-3737 Envirowaste Sere M Ctroup, Inc 6
City of Sunnyftles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
offered or given to any member of, delegate to the Congress of the United States, any or part of this
contract or to any benefit arising therefrom.
15. INIdLMNTFICATI ON AND—WAIVER 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 appellate
proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors,
mistAos 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
ants, 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 parties agree that TEN DOLLARS- ($10.110) represents specific consideration to the
Contractor for the indemnification set forth herein.
16, MQflMT10N AGAIN DTT RAC IN SCRiJTi[EiiZEDPAM .
Pursuant to Florida Statutes Section 215.4725,'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. Contractors must certify that the company is not participating in a boycott oflsiael. 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 ofcertification, 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 contraci 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 Israef 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 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 seek civil remedies pursuant to Florida Statute Section
215.4725.
12. PTJ_,B _LIC JaQgItDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law.
(I.) Contractor shall keep and maintain public records required by the City to perform the
service.
2019-5737 Envircwaste Services+Oroup, Inc 7
City of Swiny Isles Beach 18070 Collins ,Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305)949.3113 Fax
(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 (303) 792-17039
CityClerk a@sibill.net,18070 Collins Avenue, 4te Floor, Sunny Isles Beach,
Florida 33160.
18. WARRANTY OF LAR0R, MAj j91<Ah ANR EQI;J.jg"K VT
18.1 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�thereol) which proves defective or falls to comply with
the Agreement within the warranty period such that it complies with the Agreement.
18,2 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 quality,
fres from faults and defects and in. conformance with the Agreement. All equipment
and materials not conforming to these requirements, including substitutions not
2019.5937 Bnvirowaft SeMoes Group, inc
Cdty of sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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
duality of materials and equipment. Manufacturer materials shall be warranted for a
minimum period of ten (10) years from the date Services are complete. This warranty
is not limited by any other provisions within this Agreement.
18.3 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.
19. DEFECTITE WCAItK
19.1 The City or its designee steal I 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.
19.2 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, oorrectlons 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 fully, which Is not cured In the
cure period, the City may declare Contractor in default.
19.3 If, within one (1) year after the date of completion of labor or within ten (10) years
for materials 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 costto 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.
19.4 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.
2419-5737 Enviww%le Services Group, Inc 9
City of Sunny tvles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947.0606 phone (3 05) 949-3113 Fax
19.5 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.
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.
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 agreement of the parties, and may be amended,
waived, changed, modified, extended or rescinded only by in writing signed by the party against
whom any such amendment, waiver, change, modification, extension and/or rescission is sought.
F. If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into this Agreement, the term, statement, requirement, or provision contained in this
Agreement 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
bort not limited to Attachments "A" and `B".
Signatures on Next Page
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Attachment "B"
Scrutinized Companies
Page 2
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' ` ~ •' CONTRACTOR ANTI -BOYCOTT CERTIFICATION
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T, Of SUN �
[PURSUANT TO FLORIDA STATUTE § 287.1351
I, Paul Quentel , on behalf of EnviroWaste Services Group, Inc ,
Print Name Company Name
certifies that EnviroWaste Services Group, 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 Iran Petroleum
Energy Sector List; and
S. Has not engaged in business operations in Cuba or Syria.
Signature `
CEO
Title
12/10/21
Date
Attachment "C"
E -Verify Affidavit
Page 2
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 (httr)s://www.a-verify.gov/emPlovers/enrolling-in-e-verify) and follow the
instructions. The contractor must, as usual, retain the 1-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with E -Verify requirements.
EnviroWaste Services Group, Inc
65-0829090
Federal Employer Identification Number (FEIN)
12/10/21
Date
CEO
Title
Swom to and subscribed before me on this this 10 day of December , 2021.
By Paul Quentel
q Is personally known to me
0 Has produced identification (type of identification produced:
Signature of Notary Public
=oar 04' Notary public State of Florida
Eduardo Barba
:4 My Commission GG 188655
Expires 06/18/2022 6/16/22
rint or a Expiration Date