HomeMy WebLinkAboutReso 2022-3365, A
RESOLUTION NO. 2022- ,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, REQUESTING WAIVER OF THE BIDDING REQUIREMENTS SET FORTH
IN CHAPTER 62 OF THE CITY CODE; APPROVING AN AGREEMENT WITH MARTIN
& SONS RESIDENTIAL SERVICES, INC. FOR PRESSURE CLEANING SERVICES, IN AN
AMOUNT NOT TO EXCEED SEVENTY-TWO THOUSAND DOLLARS ($72,000.00),
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") is 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. 2022-02; 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, although pressure cleaning services will be compensated at the rates set
forth in the City of Weston's contract, pursuant to Section 62-12 of the City Code, the City
desires to waive competitive bidding procedures for the acrylic seal coating application services
that are not in the City of Weston's contract at $0.3225 per square foot; and
WHEREAS, the City Commission now wishes to waive the bidding requirements of
Chapter 62 of the City Code for the acrylic seal coating application services, and approve an
Agreement with Martin & Sons Residential Services, Inc. to provide pressure cleaning services
throughout the City on an as needed basis, in an amount not to exceed Seventy -Two Thousand
Dollars ($72,000.00), which includes a contingency in the amount of Ten Thousand Seven
Hundred Thirty -Eight Dollars and Nine Cents ($10,738.09) for any unforeseen costs, 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. Waiver of Bidding Requirements. The City Commission hereby waives the
bidding requirements set forth in Chapter 62 of the City Code for the acrylic seal coating
application services.
@BCL@CCOC89EB.Doc Page 1 of 2
107
Section 2. Approval of Agreement. The City Commission hereby approves an Agreement
with Martin & Sons Residential Services, Inc. to provide pressure cleaning services throughout
the City on an as needed basis, in an amount not to exceed Seventy -Two Thousand Dollars
($72,000.00), which includes a contingency in the amount of Ten Thousand Seven Hundred
Thirty -Eight Dollars and Nine Cents ($10,738.09) for any unforeseen costs, attached hereto as
Exhibit "A".
Section 3. Authorization of the Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section S. Effective Date. This Resolution shall become effective upon adoption.
ATTEST:
Mauricio
PASSED AND ADOPTED upon this 21St day of July 2022.
Dana Robin Goldman, Mayor
ncur, CVC, City Clerk
APPROVED AS TO FORM
AND LEGA FFICIENCY:
Edward A. Dion, City Attorney
r
Moved by: econded by: eah', Iva
;
Vote:
Mayor Goldman (Yes) (No)
Vice Mayor Viscarra (Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Lama Yes) (No)
Commissioner Stuyvesant �(Yes) (No)
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AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND MARTIN & SONS RESIDENTIAL SERVICES, INC.
n nw
CONTRACT NO. 2022-6222
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this Z day ofa(,1h,{ ., 2022, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter refJred as "City"), and MARTIN & SONS RESIDENTIAL
SERVICES, INC., a company authorized to do business in the State of Florida (hereinafter
referred to as "Contractor") whose Federal I.D. # is 65-0665545.
RECITALS
WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide
pressure cleaning and acrylic seal coating application to the City ("Services"); and
WHEREAS, Contractor is a certified and insured company with the necessary experience
to provide the desired Services; and
WHEREAS, the City of Weston issued Request for Proposal RFP 2022-02, "Pressure
Cleaning Services", and on June 6, 2022, the City of Weston City Commission approved an award
to Contractor for an initial three (3) year term, terminating on April 30, 2025, with the option to
renew for two (2) additional three (3) year terms; and
WHEREAS, the City desires to enter into an agreement with Contractor, using the City
of Weston's solicitation information, and the Contractor's response thereto, to provide the
Services as described in Attachment "A", 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, although pressure cleaning services will be compensated at the rates set forth
in the City of Weston's contract, pursuant to Section 62-12 of the City Code, the City desires to
waive competitive bidding procedures for the acrylic seal coating application services that are not
in the City of Weston's contract at $0.3225 per square foot; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services
as more particularly described in Attachment (B" in an amount not to exceed Seventy -Two
Thousand Dollars ($72,000.00), which is comprised of the contract amount of Sixty -One Thousand
Two Hundred Sixty -One Dollars and Ninety -One Cents ($61,261.91) plus a contingency in the
amount of Ten Thousand Seven Hundred Thirty -Eight Dollars and Nine Cents ($10,738.09)
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.
MARTIN & SONS RESIDENTIAL SERVICES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
as well as the terms and conditions of City of Weston's Request for Proposal RFP 2022-02,
Contractor's response thereto, and the resulting contract which are specifically incorporated herein
as Attachment "A", as well as Contractor's Proposal to the City which is incorporated herein as
Attachment `B" (hereinafter referred to as "Contract Documents").
3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions
set forth in the Contract Documents, as more particularly described in Contractor's proposal to the
City attached hereto as Attachment `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. The term of this Agreement shall commence upon execution of the Agreement
and shall be for an initial three (3) year term, commencing on August 1, 2022, subject to the City's
ability to terminate earlier in accordance with Section 8 of this Agreement. Prior to, or upon
completion of the initial three (3) year term, the City has the option at its sole discretion to renew
this Agreement for an additional two (2) three (3) year renewal terms.
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 Seventy -Two Thousand Dollars ($72,000.00), which is comprised of the contract
amount of Sixty -One Thousand Two Hundred Sixty -One Dollars and Ninety -One Cents
($61,261.91) plus a contingency in the amount of Ten Thousand Seven Hundred Thirty -Eight
Dollars and Nine Cents ($10,738.09), as more particularly set forth in Contractor's Proposal,
attached hereto as Attachment "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 as reflected in Attachment
"B", under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Payment will be
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
made by the City in accordance with the Invoicing provisions contained in the City
of Weston Contract attached hereto as Attachment "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.
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
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(305) 947-0606 phone (305) 949-3113 Fax
City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents
or employees, as indicated below:
A. Workers Compensation: Contractor shall provide statutory workers' compensation, and
employer's liability insurance with limits of not less than $1,000,000 per employee per
accident, $1,000,000 disease aggregate and $1,000,000 per employee per disease for
all personnel on the worksite. If applicable, coverage for the Jones Act and United
States Longshoremen and Harborworkers exposures must also be included. Elective
exemptions shall NOT satisfy this requirement. Certificates evidencing an employee
leasing company as employer shall not be accepted. In the event Contractor has
"leased" employees, Contractor must provide a workers' compensation policy for all
personnel on the worksite. All documentation must be provided for review and
approval by City. Contractor is responsible for the Workers' Compensation of any and
all subcontractors, including leased employees, used by Contractor. Evidence of
workers' compensation insurance coverage for all subcontractors, including leased
employees, must be submitted prior to any work being performed.
B. Commercial General Liability: Contractor shall provide evidence of commercial
general liability on an occurrence Form no more restrictive than ISO form CG 2010,
and including but not limited to bodily injury, property damage, contractual liability,
products and completed operations (without limitation), and personal and advertising,
injury liability with limits of not less than $1,000,000 each occurrence, and $2,000,000
in aggregate, covering all work performed under this Agreement.
C. Business Automobile Liability: Contractor shall provide evidence of business
automobile liability on a standard ISO form and including per occurrence limits of not
less than $1,000,000 covering all work performed under this Agreement. Coverage
shall include liability for owned, non -owned & hired automobiles. If private passenger
automobiles are used in the business, they shall be commercially insured.
D. Umbrella or Excess Liability: Umbrella polices are acceptable to provide the total
required general liability, automobile liability, and employers' liability limits. Umbrella
policies shall also name City as additional insured and coverage shall be provided on a
"Follow Form" basis.
E. Subcontractors: Insurance requirements itemized in this contract and required of
Contractor shall be provided on behalf of all subcontractors to cover their operations
performed under this Agreement. Contractor shall be held responsible for any
modifications, deviations, or omissions in these insurance requirements as they apply
to subcontractors.
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
MARTIN & SONS RESIDENTIAL SERVICES, INC.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
insurance evidencing the minimum required coverage and shall be appropriately endorsed for
contractual liability, with the City named as additional insured. All policies shall contain a
waiver of subrogation endorsement. All policies and certificates shall be in forms and issued
by insurance companies acceptable to the City Manager or his designee. All insurance policies
and certificates of insurance shall provide that the policies may not be canceled or altered
without thirty (30) days prior written notice to the City. Contractor shall also require and
ensure that each of its sub -Contractors providing services hereunder (if any) procures and
maintains, until the completion of the services, insurance of the types and to the limits specified
herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
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. Prior to the exercise of its option to terminate for cause, the City shall
notify the Contractor of its violation of the particular terms of the Agreement and
grant Contractor ten (10) days to cure such default. If the default remains uncured
after ten (10) days the City may terminate this Agreement, and the City shall receive
a refund from the Contractor in an amount equal to the actual cost of a third party to
cure such failure. If Contractor fails, refuses or is unable to perform any term of this
Agreement, City shall pay for services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
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.
MARTIN & SONS RESIDENTIAL SERVICES, INC. 5
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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
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
Franco Prado, Vice President
Contractor:
Martin and Sons Residential Services,
Inc.
4581 Weston Rd. Suite 154
Weston, FL 33331
MARTIN & SONS RESIDENTIAL SERVICES, INC.
114
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Office: (954)389-0220
Cell: (954)536-3186
Email: franco@martinandsons-usa.com
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, 4th
Floor, Sunny Isles Beach, Florida 33160.
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.
MARTIN & SONS RESIDENTIAL SERVICES, INC. 7
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The Contractor will take affirmative action to ensure 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
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
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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 Attachment "A", "B", "C" and "D".
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
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 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
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
MARTIN & SONS RESIDENTIAL SERVICES, INC.
117
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "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.
[Remainder of page intentionally left blank]
MARTIN & SONS RESIDENTIAL SERVICES, INC. 10
118
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
WITNESS:
Signature
ANA �QT&-LW -
Print Name
A
I:
Department Head
MARTIN & SONS RESIDENTIAL
SERVICES, INC.
Franco Pardo, Vice President
CITY OF SUNNY ISLES BEACH
BY:
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGAL [�FFI IENCY
BY:
and A. Dion, City Attorney
MARTIN & SONS RESIDENTIAL SERVICES, INC. 11
4 + -"'
h vi
CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
PRESSURE CLEANING SERVICES
RFP NO. 2022-02
MARTIN & SONS RESIDENTIAL SERVICES, INC.
120
RESIDENTIAL SERVICES, INC.
4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220
Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com
1111, liq 111r,
....... ..... 6
,RFP No. 2022-02 for
Pressure Cleaning Services
121
EXHIBIT B
FEE SCHEDULE
The pricing offered by the CONTRACTOR shall include all labor, supervision, equipment, supplies, tools,
materials, maintenance of traffic (M.O.T.) and all other necessary incidentals required to provide pressure
cleaning services at various facilities throughout the City of Weston.
Pressure Cleaning5erv'rces
Item
No.
Description
UOM
Estimated
Qty.
Cost per Unit
Total
1
Pre -spray algaecide treatment
and preSSUre Glean.
Sq, Ft,
3,000,000
$0-0777
_ Sq. Ft.
$ a3 1 100
2
Minimum Charge for Areas less
than 1,000 square feet.
Each
20
$
Each Instance
GRAND TOTAL (Line Item No. 1 and 2)r
$ 234,700.00
DMO76641 RFP No, 2022.02 Pressure Cleaning Services
77233 Resolution No. 2022-38 Exhibit C
Page 94 of 102
Page 45 of 53
122
MARTIN & SONS
RESIDENTIAL SERVICES, INC.
4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220
Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com
PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992
June 22, 2022
City of Sunny Isles Beach
Sunny Isles Beach, Florida
Attn.: Genesis Cuevas, Purchasing Manager
Dear Ms. Cuevas,
Martin and Sons Residential Services, Inc. will offer the same terms and conditions that are on
the contract with the City of Weston RFP 2022-02.
Prices quoted are in compliance with the City of Weston Contract RFP 2022-02 Pressure
Cleaning Contract.
Thank you very much.
Sincerely,
Franco Prado, Vice President
Martin and Sons Residential Services, Inc.
123
MARTIN & SONS
RESIDENTIAL SERVICES, INC.
4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220
Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com
PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992
June 22, 2022
City of Sunny Isles Beach
Financing Department
ATfN: Genesis Cuevas, Purchasing Manager
We respectfully submit our quote for the described scope of work:
Pre -spray and Chemical Scrub Pressure Clean:
In accordance with the City of Weston RFP 2022-02 for pressure cleaning services:
$0.0777 per SF
Acrylic Seal Coating Application:
In accordance with the City of Sunny Isles Beach agreed upon rate as of March 16, 2022:
$0.3225 per SF
124
MARTIN SONS
. RESIDENTIAL SERVICES, INC.
4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220
Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com
PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992
March 2, 2022
City of Sunny Isles Beach
18070 Collins Ave.
Sunny Isles Beach, FL
Bella Vista Bay Park
ATTN: Arutro
We respectfully submit our quote for the described scope of work:
Pre -spray Pressure Cleaning and Acrylic Seal Coating:
Bella Vista Bay Park; Approximately 5000 SQFT @ $0.3225 = $1,612.50
Includes algaecide pre -spray application to remove and treat mildew and algae, and to
ensure cleaner, brighter, and longer lasting results.
TOTAL: $1,612.50
125
MARTIN & SONS
RESIDENTIAL SERVICES, INC.
4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220
Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com
PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992
July 5, 2022
City of Sunny Isles Beach
18070 Collins Ave.
Sunny Isles Beach, FL
Gateway Park
ATfN: Arturo
We respectfully submit our quote for the described scope of work:
Pre -spray and Chemical Scrub Pressure Clean:
Porcelain Tile Walkways —11,350 SF @ $0.0896 = $881.90
Parking Garage 1s1 Floor Ramp up to 2nd Floor —16,909 SF @ $0.0896 = $1,313.83
Parking Garage Interior Walls — 2 Floors = $2,290.00
Pressure Cleaning Total = $4,458.73
Pre -spray and Chemical Scrub Pressure Clean and 100% Acrylic Seal Coating:
City of Sunny Isles Beach Gateway Park; Includes:
Interlocking Pavers:
Parking Garage and Parking Lot Areas (West end) —15,941 SF @ $0.3225 =
$5,140.98
Playground, Walkway and Stage Areas (East end) — 27,553 SF @ $0.3225 =
$8,885.84
Total Square Footage - 43,494 SF @ $0.3225 = $14,026.82
Includes algaecide pre -spray application to remove and treat mildew and algae; and to
ensure cleaner, brighter, and longer lasting results.
TOTAL: $18,485.55
126
MARTIN & SONS
RESIDENTIAL SERVICES, INC.
4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220
Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com
PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992
March 2, 2022
City of Sunny Isles Beach
18070 Collins Ave.
Sunny Isles Beach, FL
Ocean Front Park
ATTN: Arturo
We respectfully submit our quote for the described scope of work:
Pre -spray and Chemical Scrub Pressure Clean and Seal Coating; Includes:
Heritage Park Pavers —Approximately 13,241 SF @ $0.3225 = $4,270.22
Includes algaecide pre -spray application to remove and treat mildew and algae; and to
ensure cleaner, brighter, and longer lasting results.
TOTAL: $4,270.22
127
MARTIN & SONS
RESIDENTIAL SERVICES, INC.
4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220
Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com
PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992
March 2, 2022
City of Sunny Isles Beach
18070 Collins Ave.
Sunny Isles Beach, FL
Ocean Front Park
ATTN: Arturo
We respectfully submit our quote for the described scope of work:
Pre -spray and Chemical Scrub Pressure Clean and 100% Acrylic Seal Coating:
City of Sunny Isles Beach Ocean Front Park; Includes:
Pavers Walkway and Sidewalks — Approximately 19,007 sq.ft.
Clean and Seal @ $0.3225/SF = $6,129.76
Includes algaecide pre -spray application to remove and treat mildew and algae; and to
ensure cleaner, brighter, and longer lasting results.
TOTAL: $6,129.76
128
MARTIN & SONS
RESIDENTIAL SERVICES, INC.
4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220
Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com
PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992
July 5, 2022
City of Sunny Isles Beach
18070 Collins Ave.
Sunny Isles Beach, FL
Pelican Community Park
ATTN: Arturo Gonzalez
We respectfully submit our quote for the described scope of work:
Pre -spray and Chemical Scrub Pressure Clean and 100% Acrylic Seal Coating:
City of Sunny Isles Beach Pelican Community Park; Includes:
Pavers Walkway and Sidewalks and Limestone Seating Area:
8,317 SF @ $0.3225/SF = $2,682.23
Includes algaecide pre -spray application to remove and treat mildew and algae; and to
ensure cleaner, brighter, and longer lasting results.
TOTAL: $2,682.23
129
MARTIN & SONS
RESIDENTIAL SERVICES, INC.
4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220
Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com
PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992
July 5, 2022
City of Sunny Isles Beach
ATTN: Fabrizio Volpi
We respectfully submit our quote for the described scope of work:
City of Weston Contract #2022-02 Piggyback
Pre -spray and Chemical Scrub Pressure Clean; Includes:
All Concrete Flatwork:
Sidewalks
Medians
Curbing
Gutters
Aprons
Interlocking Pavers
Scope of Work Includes:
183rd Street from Collins Ave. to N. Bay Road
N. Bay Road from 183rd Street to 178th Street
178th Street from N. Bay Road to Collins Ave.
178th Drive from 178th Street to Church Dr.
178th Drive (North Side Only) from Church Drive to N. Bay Road
Senator Gwen Margolis Park (Perimeter and Inside Flatwork)
177th Drive (North Side Only) from Atlantic Blvd. to Church Dr.
Church Drive (East Side Only) from 178th Dr. to 177th Dr.
179th Drive from N. Bay Road to Atlantic Blvd.
180th Drive from N. Bay Road to Atlantic Blvd.
181St Street from N. Bay Road to Atlantic Blvd.
182nd Drive from N. Bay Road to Atlantic Blvd.
Atlantic Blvd. from 183rd Street to 178th Street
N. Bay Road from 178th Street to 174th Street
178th Drive from N. Bay Road to 177th Dr.
177th Drive from from 178th Drive to Atlantic Blvd.
Atlantic Blvd. from 178th to Collins
163rd Street Business Loop (Adjacent and Underneath Bridge)
130
Cul-de-sac medians on Collins and 163 d Street
Total Area: 263,990 sq. ft. @ $0.0777 = $20,512.02
TOTAL:
$20,512.02
131
MARTIN & SONS
RESIDENTIAL SERVICES, INC.
4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220
Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com
PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992
July 5, 2022
City of Sunny Isles Beach
ATTN: Fabrizio Volpi
We respectfully submit our quote for the described scope of work:
City of Weston Contract #2022-02 Piggyback
Pre -spray and Chemical Scrub Pressure Clean; Includes:
All Concrete Flatwork:
Sidewalks
Medians
Curbing
Gutters
Aprons
Scope of Work Includes:
159t' St.
172"d St. from Collins to N. Bay Rd.
N. Bay Rd. from 163rd St. to 172nd St.
163rd St. from Collins to N. Bay Rd.
Business Loop Inside median curb
Total Area: 71,563 sq. ft. @ $0.0777 = $5,560.45
TOTAL: $5,560.45
132
MARTIN SONS
RESIDENTIAL SERVICES, INC.
4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220
Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com
PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992
March 2, 2022
City of Sunny Isles Beach
Public Works Department
ATTN: Arturo
We respectfully submit our quote for the described scope of work:
Pre -spray and Chemical Scrub Pressure Clean Restoration with Degreasing and Acid Wash; Includes:
Pier Park Selected Concrete Slabs with Heavy Grease Staining:
Apply Clear Acrylic Sealer to Concrete and Pavers (not including Collins Ave Sidewalks) —
6,230 SF @ $0.3225 = $2,009.18
Total:
$2,009.18
133
'fit y'F F L P Rl yv.
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Fabricio Volpi, Public Works Superintendent
DATE: July 21, 2022
RE: Agreement with Martin & Sons Residential Services, Inc.
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City wishes to entered into an agreement with Martin & Sons Residential Services, Inc. fo
pressure cleaning services throughout the City, on an as -needed basis. This agreement is pursuant to
the pricing terms and conditions offered to the City of Weston (via a piggyback). The City of Weston
Contract RFP 2022-02 Pressure Cleaning Contract.
Martin & Sons has expressed their ability and desire to provide these services pursuant to the same
terms and conditions valid via the City of Weston contract. Therefore, we are requesting to approve
this new agreement. With an amount of $61,261.91 plus a contingency in the amount of $10,738.09
equaling the total amount not to exceed $72,000.00
FUNDING SOURCE:
Funds have been appropriated in account no: 001-6-5720-434041-xxxxx and 110-5-5410-446007-
00000.
ATTACHMENTS:
Resolution
Agreement
Item Number: 10.D
106