Loading...
HomeMy WebLinkAboutReso 2022-3314RESOLUTION NO. 2022 -3�� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH ADVANCED ROOFING FOR ROOF INSPECTION, MAINTENANCE, AND REPAIR SERVICES, IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") was in need of a contractor to provide roof inspection, maintenance, and repair services ("Services"); and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state general service administration contracts, federal, county or other governmental contracts or competitive bids with other governmental agencies are exempt from the City's competitive bidding procedures; and WHEREAS, the City of Sunrise ("Sunrise") issued Invitation to Bid No. 19-17-12-HR ("Bid") for Roof Maintenance and Repairs; and WHEREAS, on May 24, 2019, Sunrise awarded the Bid to Advanced Roofing, Inc. ("Contractor"); and WHEREAS, on February 25t", 2022, the City Manager entered into an Agreement with the Contractor to provide the desired Services, in an amount not to exceed $5,530.50; and WHEREAS, the City Manager has determined that additional services not included in the original Scope of Services are needed; and WHEREAS, the Contractor has expressed its ability and desire to provide these additional services; and WHEREAS, the City wishes to approve a First Amendment to the Agreement with Advanced Roofing, Inc. to provide additional services, as needed, in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00), bringing the total contract amount not to exceed Five Hundred Five Thousand Five Hundred Thirty Dollars and Fifty Cents ($505,530.50), 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 Advanced Roofing, Inc. to provide roof inspection, maintenance, and repair services, on an as needed basis, in an amount notto exceed Five Hundred Thousand Dollars ($500,000.00), bringing the total contract amount not to exceed Five Hundred @BCL@780BA4D5.doc Page 1 of 2 Five Thousand Five Hundred Thirty Dollars and Fifty Cents ($505,530.50), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 12th day of April 2022. r Dana Robin Goldman, Mayor t t ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mau Ncio Beta cur, CIVIC, City Clerk Edward A. Dion,'City Attorney Moved by: VV-/S , Seconded by&4 f(SS/d/'lf4e- Vote: Mayor Goldman ✓ (Yes) Vice Mayor Viscarra (Yes) Commissioner Joseph (Yes) Commissioner Lama ...AYes) Commissioner Stuyvesant (Yes) (No) (No) (No) (No) (No) @BCL@780BA4D5.doc Page 2 of 2 SUNNY ISM r FIRST AMENDMENT TO THE AGREEMENT BETWEEN /P• r THE CITY OF SUNNY ISLES BEACH AND ADVANCED ROOFING, INC. CONTRACT NO.2022-7612 This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and ADVANCED ROOFING, INC. ("Contractor") executed this -�day of April 2022, is made a part of the original Agreement dated February 25, 2022, attached hereto as Attachment "A" and incorporated herein by reference, between the City and the Contractor, whose Federal Identification # is 59-2360591. The City and Contractor hereby agree as follows: 1. ADDITIONAL SERVICES. Pursuant to Section 21 of the Agreement, the Parties hereby agree to amend Section 3 of the Agreement ("Services") to provide that the City may request that the Contractor perform additional services for the City on an as -needed basis pursuant to the terms and conditions set forth in the Contract Documents (hereinafter referred to as "Additional Services"). When the need for a specific project occurs, the City may, at its sole discretion, request that the Contractor provide a proposal for the project, which proposal shall include, but is not limited to: A The Scope of Services; B. The deliverables; C. The time and schedule of performance and term; D. The amount of compensation, which fee shall be based upon the rates set forth in the Contract Documents; and E. The personnel assigned to the specific project, including, but not limited to: Contractor's project manager, other staff and subcontractors, which the City shall have the right to reject in its sole discretion. Any Additional Services agreed to by the City shall be memorialized in the form of a Task Order, issued by the City to the Contractor. 2. ADDITIONAL COMPENSATION. Payment to Contractor is hereby amended to include additional compensation in the amount of Five Hundred Thousand Dollars ($500,000.00) for the Additional Services, as needed. 3. INSURANCE. Pursuant to Section 21 of the Agreement, the Parties hereby agree to amend Section 7 of the Agreement ("Insurance") to add the following insurance requirements: Worker' s Compensation Insurance & Employers Liability. Contractor agrees to maintain Worker' s Compensation Insurance in accordance with Florida Statutes Chapter 440, including $1,000,000 Employers' Liability and a Waiver of Subrogation endorsement benefiting the City of Sunny Isles Beach. Commercial Umbrella/Excess Liability policy with a minimum limit of liability of $5,000,000 over and above the minimum insurance required for Commercial General Liability, Business Automobile Liability, and Workers Compensation & Employers Liability Insurance set forth in the original Agreement, and herein. Advanced Roofing — Amendment 1 Page 1 of 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Except as specifically modified herein, all other insurance requirements set forth in the original Agreement, shall remain in full force and effect. 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement, shall remain in full force and effect. 5. 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". IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: Si a re Tomara Martin Print Name' ATTEST: L*.", BY: Department Head CMC, City Clerk Advanced Roofing — First Amendment ADVANCED ROOFING, INC. BY: Julian Olarte, Service Branch Manager CITY OF SUNNY ISLES BEACH BY:Illez-- a Robin Goldman, Mayor APPROVED AS TO FORM AND LEGA UFFIC E BY: %.�Edward A. Dion, City Attorney Page 2 of 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "A" Original Agreement Advanced Roofing — First Amendment Page 3 of 3 4 5,,,lNY ISF r o a, AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND ADVANCED ROOFING, INC. CONTRACT NO.2022-7612 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this day of` :�&8 2022, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and ADVANCED ROOFING, INC, a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 59-2360591. RECITALS WHEREAS, the City is in need of Contractor to provide roof inspection, maintenance and repair services ("Services"); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, City of Sunrise issued Invitation to Bid ("ITB") 19-17-12-HR "Roof Maintenance and Repairs" and awarded an agreement to Advanced Roofing, Inc., beginning June 1, 2019, for an initial three (3) year term, terminating on May 31, 2022, with the option to renew for three (3) additional one (1) year terms; and WHEREAS, the City desires to enter into an agreement with Contractor, using City of Sunrise's solicitation information, Contractor's response, and the resulting contract to provide the Services described in Exhibit "A", as more particularly described in Contractor's proposal as Exhibit "B", both of which are 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 Exhibits "A" for a total amount not to exceed Five Thousand Five Hundred Thirty Dollars and Fifty Cents ($5,530.50), 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, the terms and conditions of the City of Sunrise issued ITB 19-17-12-HR "Roof Maintenance and Repairs", the City of Sunrise awarded agreement with Contractor effective June 1, 2019, as well ADVANCED ROOFING INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax as Contractor's proposal to the City which are specifically incorporated herein and made a part hereof as Exhibits "A" and `B" (hereinafter referred to as "Contract Documents"). Except with regard to the bidding process, the term "City of Sunrise" as set forth in the City of Sunrise Agreement and subsequent amendment, where context permits, means the City. 3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions set forth in the City of Sunrise issued Invitation to Bid ("ITB") 19-17-12-HR "Roof Maintenance and Repairs" and awarded agreement , attached hereto as Exhibit "A", as well as 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 initial term of this Agreement shall commence upon full execution of the Agreement, and shall terminate four (4) months thereafter. The terms of Sections 16 and 17 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 Five Thousand Five Hundred Thirty Dollars and Fifty Cents ($5,530.50), 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 the Contract Documents and the schedule of charges reflected as reflected in Exhibit `B", 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 as reflected in Exhibit "A" for the term of the Agreement, including any option or extension periods, under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. ADVANCED ROOFING, INC. 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payment will be made by the City in accordance with Section 4.12 of the City of Sunrise ITB attached 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 RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: ADVANCED ROOFING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Commercial General Liability. Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000.00 Each Occurrence, $2,000,000 Annual Aggregate. Contractor agrees its coverage shall not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X-C-U Coverage, Contractual Liability or Separation of Insureds. Additional Insured Endorsement. Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability with the following, or similar endorsement providing equal or broader Additional Insured coverage, the CG 20 26 07 04, or CG 20 26 04 13, Additional Insured — Designated Person or Organization endorsement; or the CG 20 10 07 04, or CG 20 10 04 13, Additional Insured — Owners, Lessees, or Contractors endorsement, including the additional endorsement of GC 20 37 07 04, or GC 20 04 13, Additional Insured — Owners, Lessees, or Contractors Completed Operations. The name of the organization endorsed as Additional Insured for all endorsements shall read "City of Sunny Isles Beach". Business Automobile Liability. Contractor agrees to maintain Business Automobile Liability, including the MCS-90 Motor Carrier Act Endorsement and/or CA 99 48 Pollution Liability - Broadened Coverage For Covered Autos - Business Auto, Motor Carrier and Truckers Coverage Forms Endorsement, at a minimum limit not less than $1,000,000 per occurrence providing coverage for damages against such third -party liability, remediation and defense costs. In the event the policy includes a self -insured retention or deductible in excess of $25,000, the City reserves the right, but not the obligation, to review the Contractor's most recent annual report or audited financial statements. The Contractor agrees the policy shall be endorsed to include City as Additional Insured under CA 2048 Designated Insured Pollution Legal and Remediation Liability, Contractor agrees to maintain Third -Party Pollution Legal and Remediation Liability at a limit of liability not less than $1,000,000 Each Occurrence $2,000,000 Annual Aggregate. The Contractor agrees the policy shall include a minimum three (3) year discovery (tail) reporting period, and a retroactive date that equals or precedes the effective date of the Contract, or the performance of Work hereunder. In the event the policy is cancelled, non -renewed, switched to an occurrence form, retroactive date advanced, or any other event triggering the right to purchase a supplemental extended reporting period (SERP) during the life of this Contractor, Contractor agrees to purchase a SERP with a minimum reporting period not less than two (2) years. The requirement to purchase a SERP shall not relieve Contractor of the obligation to provide replacement coverage. The Contractor agrees the Self -Insured -Retention shall not exceed $25,000. This coverage may be provided on a Per -Project Basis. The Third - Party Pollution Legal and Remediation Liability shall be endorsed to include City as an Additional Insured. Worker's Compensation Insurance & Employers Liability. Contractor agrees to maintain Worker's Compensation Insurance & Employers Liability in accordance with Florida Statutes Chapter 440. Waiver of Subrogation. Contractor agrees by entering into this Contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Contractor to enter into a pre -loss agreement to waive ADVANCED ROOFING. INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax subrogation without an endorsement, then Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre -loss basis Umbrella or Excess Liability. Contractor agrees to maintain either a Commercial Umbrella or Excess Liability at a limit of liability not less than $1,000,000 Each Occurrence $2,000,000 Aggregate. The Contractor agrees to endorse the City as an "Additional Insured" on the Commercial Umbrella/Excess Liability, unless the Certificate of Insurance states the Commercial Umbrella/Excess Liability provides coverage on a pure/true follow - form basis, or the City is automatically defined as an Additional Protected Person. 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 or 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. 8. 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. ADVANCED ROOFING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 8A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 9. 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 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. 10. 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. 11. 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 ADVANCED ROOFING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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: Stan Morris 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 Steve Shoen Contractor: Director of Government Services 1950 NW 22nd Street Fort Lauderdale, FL 33311 steves@advancedroofing.com 954-522-6868 12. PUBLIC RECORDS. 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. (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@sibfl.net,18070 Collins Avenue, 4tn Floor, Sunny Isles Beach, Florida 33160. ADVANCED ROOFING, INC. 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 13. 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. 14. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the 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 employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor 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- 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. 15. 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 contract or to any benefit arising therefrom. 16. 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 ADVANCED ROOFING, INC. 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 lawsuit or 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. 17. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 18. 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", `B", and "C". 19. 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 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. Contractors 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 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 287.135. 20. 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 ADVANCED ROOFING, INC. 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 E-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.gov/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 Exhibit "D". 21. 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 writing and 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. [SIGNATURE PAGE TO FOLLOW] ADVANCED ROOFING, INC. 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax WI ESS: ADVANCED ROOFING, DWally signed by Julian Olarte ' Date: 202102.2416:50:11 -05'00' Julian O l a rte Adobe Acrobat version: Signature Signature 9611`61130207 Irene Hanh Julian olarte / Service Branch Manager Print Name Print Name and Title mm CMC City BY: Department Head CITY OF SUNNY ISLES BEACH BY: , Stan Morns, City Manager APPROVED AS TO FORM AND LEGAL S CY BY: `,!..Edward A. Dion, City Attorney ADVANCED ROOFING, INC. I 1 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Exhibit "A" ADVANCED ROOFING, INC. FINANCE A ADMIN. SERVICES DEPARTMENT Pumbasing bfiWan Mane: 954-572-2274 Fax. 954.5784809 CITY OF F L O R I D A May 24, 2019 Sent Via Email niichaelk�ir;�advancedroohne.eom Mr. Robert P. Kornahrens Advanced Roofing, Inc. 19520 NW 22'd Street Ft Lauderdale, FL 33311 Phone # 954-522-6868 (Emergency Phone # 305-720-0733) Vendor No. 438 Tyler-Munis Contract No. 2019000166 Subject: Award— Bid Title: Roofing Maintenance and Repairs Bid No. 19-17-12-HR Mr. Kornahrens, I would like to inform you that the City of Sunrise Commission awarded the above referenced bid for Roofing Maintenance and Repairs on May 14, 2019. Please be advised that your firm was awarded the above referenced bid. Please see the attached documentation that provides a more detailed breakdown. The contract period shall be for three years, June 1, 2019 through May 31, 2022 with three (3) additional one (1) year renewals thereafter providing all terms and conditions remain the same. If I can be of further assistance, please do not hesitate to contact me at 954-572- 2202. Best Regards, Holly Raphaelson, MBA, C.P.M., CPPO, CPSM Contracts Administrator cc: Ania Knimenacker, Administrative Officer 11, Utilities Attachment: Schedule "A" (24 pages) 10770 West Oakland Park Boulevard, Sunrise, FL 33351 i BID 7TILM BID 19-17-17,ER BW NUMBER; R00FEW MAIlCI@IANM & REPAIRS I I SECTION 6 -- BID SUBMISSION PACKAGE i SCHEDULE " A" CITY OF SUNRISE IUD SHEET & CERMFICAT12N i ALL BIDS SHALL REAAtIN VALID FOR NINETY(W) DAYS AFTER Bit) OPENING j 71m undersigned bidder agrees to finish all labor, tools, materiel and supplies, and to sustain all the expense incurred in doing the work sat forth below that may be awarded the undersigned by the City of Sundae, Florlda, through its proper officers, and to do the same strictly in aecordanae with the ply and contract documents on file in the Office ofthe City Engineer of Sunrise, which are referred to below and j made a part hereof, at the following unit prices, to -wit: Thu following unit prices arc asFsocllated with roofing, re~roofmg and toofrepair componeirts: Please be comprehensive in filling out the items involved below. Two (2) or Tkice (3) levels of =& scope are Indicated for most of the Proposal items. Small repalr jobs f mm 0 to 500 square feet (S.F.), medium size roofing jobs S01 to 10,000 S.F., and large roofing jobs over 10,001 &F. An gTroximatc quantity is also provided and the "unit prlW and total blanks to be complete by Bidder. All proposal line ftros shall include ran'mtvmnoo, insuranoe, overhead, and otter fixed costs. Flease ca *ete the following: ; Busc bid shall inobde, ROOFMANUFACTURWSNAW: Carlisle ROOF BRAND NAME: Carlisle INSULATION M4NUFACT3Ti<4ER5SNA1 Ig.- Carlisle I INSULATION ROE; Carlisle gOOMC.9ySTEKWARRAl�My & pEpjOgi; `20 year No Dollar Limit (N.D.L.l t. Additional five ywrwarranty offered with Manufacturer`s Preventive Maintenance Program t:avind one Page 47