HomeMy WebLinkAboutReso 2022-3374RESOLUTION NO. 2022- 74-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH
DURASERV CORP D/B/A OVERHEAD DOOR COMPANY OF SOUTH FLORIDA IN
AN AMOUNT NOT TO EXCEED TWO THOUSAND EIGHT HUNDRED SEVENTY-
NINE DOLLARS AND NINETY-SIX CENTS ($2,879.96), ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 16th, 2021, via Resolution No. 2021-3276, the City Commission
of the City of Sunny Isles Beach ("City") approved an Agreement with DuraSery Corp d/b/a
Overhead Door Company of South Florida ("Vendor") to furnish and install a rapid entry and
exit gate at the Government Center parking garage ("Services"), in an amount not to exceed
$98,973.00; and
WHEREAS, the Vendor has submitted a request for reimbursement of permit fees in
the amount of $2,879.96; and
WHEREAS, the City Commission wishes to approve a First Amendment to the Agreement
with DuraSery Corp d/b/a Overhead Door Company of South Florida for reimbursement of
permit fees, in an amount not to exceed Two Thousand Eight Hundred Seventy -Nine Dollars and
Ninety -Six Cents ($2,879.96), bringing the total contract amount not to exceed One Hundred
One Thousand Eight Hundred Fifty -Two Dollars and Ninety -Six Cents ($101,852.96), 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 First
Amendment to the Agreement with DuraSery Corp d/b/a Overhead Door Company of South
Florida for reimbursement of permit fees, in an amount not to exceed Two Thousand Eight
Hundred Seventy -Nine Dollars and Ninety -Six Cents ($2,879.96), bringing the total contract
amount not to exceed One Hundred One Thousand Eight Hundred Fifty -Two Dollars and Ninety -
Six Cents ($101,852.96), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
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.
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0
PASSED AND ADOPTED this 21s' day of July 2022.
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGAL SLIF ICIENCY:
Maur cio B tancu , CMC, City Clerk \I�ard A. Dion, City Attorney
Moved by: /i�'' Vse— `'S.'econclecl by: ,f -a. V`'
Vote:
Mayor Goldman
(Yes)
(No)
Vice Mayor Viscarra
Commissioner Joseph
(Yes)
Yes)
(No)
(No)
Commissioner Lama(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
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SONNY /f<Fs
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
\'= THE CITY OF SUNNY ISLES BEACH AND
DURASERV CORP D/B/A OVERHEAD DOOR COMPANY OF SOUTH FLORIDA
CONTRACT NO. 2021-7740
This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City") and DURASERV CORP D/B/A ,QVERHEAD DOOR COMPANY OF SOUTH
FLORIDA ("Contractor"), executed this.,*lday of v UL , 2022, is made a part of
the original Agreement ("Agreement") dated December 27, 2021, between the City and Contractor, a
copy of which is attached hereto as Attachment "A". The City and Contractor hereby agree as follows:
1. AMENDNG COMPENSATION. Section 5 of the original Agreement between the
Parties is hereby amended to include compensation for the reimbursement of permit fees in an
amount not to exceed Two Thousand Eight Hundred Seventy -Nine Dollars and Ninety -Six Cents
($2,879.96). This amount will bring the total contract amount not to exceed One Hundred One
Thousand Eight Hundred Fifty -Two Dollars and Ninety -Six Cents ($101,852.96).
2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties dated December 27, 2021, shall
remain in full force and effect.
3. 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 First Amendment as of the
date mentioned above.
WIT/NES�S:�
Signature
Christopher Moye, Contract Administrator
Print Name ,
ATT
DURASERV CORP D/B/A OVERHEAD
DOOR COMPANY OF SOUTH FLORIDA
BY:�''� -
Signature l
Jeremy Denton, Contract Administrator
Print Name, As its
CITY OF SUNNY ISLES BEACH
BY: e�
4hobinIldman, Mayor
APPROVED AST ND
LEGA UF F CIEN Y
BY:
Edward A. Dion, City Attorney
SVtANY IS�F
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Q P
tiF 9�* F���� S�
C'TY OF Sut4 PDQ
CITY OF
SUNNY ISLES BEACH
CHANGE
ORDER
CHANGE ORDER NUMBER: 1 DATE: 7-21-22
PROJECT: Government Center
RFP NUMBER: Garage Security Gate
RESOLUTION NUMBER:
2021-3276
ORIGINAL DOLLAR CONTRACT AMOUNT:
$98,973.00
NET TOTAL DOLLAR VALUE OF ALL PREVIOUS CHANGE ORDERS:
$ 0.00
CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER:
$98,973.00
DOLLAR AMOUNT OF THIS CHANGE ORDER:
$ -?- 2 79.96)
NEW DOLLAR CONTRACT AMOUNT:
$ ??:AO 0101,852.96
ORIGINAL CONTRACT COMPLETION DATE
8/7/22
TOTAL OF PREVIOUS CHANGE ORDER DAYS:
0
AMOUNT OF DAYS PER THIS CHANGE ORDER:
0
NEW CONTRACT COMPLETION DATE:
8/7/22
DESCRIPTION OF SCOPE OR WORK CHANGES:
City requested to upgrade the transponder service to include the ability to deactivate transponders for personnel leaving
City employment. Also City is requesting reimbursement for permit fees, the additional cost for this work is $???.00
NOTE: Unless soecifically stated clearlv elsewhere on this Daae. this contract amendment does NOT include an extension of time or arant anv
additional general conditions amounts. The City and the Contractor agree that the contract time adjustment and sum agreed to in this
document constitute a full and complete settlement of the matters set forth herein, including all direct and indirect costs for equipment,
manpower, materials, overhead, profit and delay relatinq to the issues set forth in this document.
CONTRACTOR:
Jeremy Denton, Contr. Admin.
PROJECT MANAGER:
Rick Labinsky, PE
CITY ATTORNEY:
Edward Dion
CITY MANAGER:
Stan Morris
pANY is,
s
OBF
4 ..'_. n
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
e'yj• FLOP
AND
DURASERV CORP D/B/A OVERHEAD DOOR COMPANY OF
SOUTH FLORIDA
CONTRACT NO. 2021-7740
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this 27th day of Dec , 2021, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and DURASERV CORP D/B/A
OVERHEAD DOOR COMPANY OF SOUTH FLORIDA, a corporation authorized to do
business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 46-
4394239.
RECITALS
WHEREAS, the City of Sunny Isles Beach is in need of a Contractor to install rapid
entry and exit gates for security purposes at the Government Center parking garage
("Services"); and
WHEREAS, City staff, after performing its due diligence, found that there are limited
vendors that can supply, install, service and provide accessory equipment for the specific
type of garage gate system needed to satisfy the City's needs, to wit, a rapid entry and exit
garage door that can withstand high volume of emergency vehicles; and
WHEREAS, pursuant to Section 62-12 the City's procurement code provisions, the
City Commission may authorize the waiver of competitive bidding procedures upon the
recommendation of the City Manager that it is in the City's best interest to do so, to obtain
goods and services which cannot be acquired through the normal purchasing process due to
insufficient time, the nature of the goods or services, or other factors. Purchases authorized
by waiver process shall be acquired after conducting a good faith review of available sources
and negotiation as to price, delivery and terms; and
WHEREAS, Contractor is a certified and insured company with the necessary experience
to provide the desired Services; and
WHEREAS, following the City Manager's recommendation to waive competitive
bidding, and the City Commission's approval of the same, the City wishes to contract with
Contractor to provide the desired Services as more particularly described in Composite
Attachment "A", attached hereto and made part hereof, subject to the terms and conditions
contained herein, for a total amount not to exceed Ninety -Eight Thousand Nine Hundred Seventy -
Three Dollars ($98,973.00).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
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.
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2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
the Contractor's proposal and Fee Schedule, attached hereto as Composite Attachment "A".
3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions
set forth herein, as more particularly described in Contractor's proposal attached hereto as
Composite Attachment "A" (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 in Section 10, the term of this Agreement shall begin upon the full execution of the
Agreement, and shall terminate two (2) years thereafter.
The Services shall be completed by the Contractor within six (6) months of the issuance of the
City's written Notice to Proceed. Payment will be made only for work completed to the satisfaction
of the City. Contractor is to commence performance of work from the date of the Notice to Proceed
and continue in a diligent manner until completion of the Services. Contractor acknowledges that
compliance with the commencement and completion schedule is the essence of this Agreement.
The terms of Sections 8, 18, and 20 entitled "Warranty", "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, for a total amount of
Ninety -Eight Thousand Nine Hundred Seventy -Three Dollars ($98,973.00). Payment to
Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract
Documents and the fee schedule as reflected in Composite Attachment "A", under the following
conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract
except for those expenses approved by the City Manager.
b. Payment Schedule. Contractor shall submit invoices electronically to
AccountsPayable@sibfl.net. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Payments shall be
made only after completion of the project. If services have been rendered in
conformity with the Agreement, the invoice will be sent to the Finance Department
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for payment. Invoices must reference the contract number assigned hereto.
Invoices will be paid in accordance with the State of Florida Prompt Payment Act.
The City will pay properly submitted Contractor invoices within 30 (thirty) days of
receipt, for completed and accepted deliveries or specified services and/or goods,
unless the City notifies the Contractor in writing of the dispute, before the payment
is due.
C. 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:
❑ Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, co tractua�
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and
Two Million Dollars ($2,000,000.00) general aggregate.
❑ Worker's Compensation, as required by state law.
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❑ Business Automobile Liability which shall include coverage for all owned, non -
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000.00) combined single limit per occurrence for bodily injury and
property damage.
❑ Umbrella Insurance. Contractor shall maintain an umbrella insurance policy
providing coverage in excess of its primary comprehensive general liability,
automobile liability and employer's liability policies in an amount not less than Ten
Million Dollars ($10,000,000) per occurrence and Fifteen Million Dollars
($15,000,000) general aggregate. The policy shall include the City as additional
insureds on a primary, non-contributory basis.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with
a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is
performed, and at any time upon request, Contractor shall furnish to the City certificates of
insurance evidencing the minimum required coverage and shall be appropriately endorsed for
contractual liability, with the City named as additional insured. All policies shall contain a
waiver of subrogation endorsement. All policies and certificates shall be in forms and issued
by insurance companies acceptable to the City Manager or his designee. All insurance policies
and certificates of insurance shall provide that the policies may not be canceled or altered
without thirty (30) days prior written notice to the City. Contractor shall also require and
ensure that each of its sub -Contractors providing services hereunder (if any) procures and
maintains, until the completion of the services, insurance of the types and to the limits specified
herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
WARRANTY OF SERVICES.
8.1 The Contractor shall warrant the equipment and labor performed for a minimum
period of one (1) year from the date the Services are complete. It is understood that
this warranty shall extend beyond the term of the services to be performed under
this Agreement. This warranty shall be in addition to whatever rights the City may
have under state or federal law. The Contractor's obligation under this warranty
shall be at its own cost and expense, to promptly repair or replace (including cost
of removal and installation), that item (or part or component thereof) which proves
defective or fails to comply with the Agreement within the warranty period such
that it complies with the Agreement.
8.2 Contractor warrants to the City that all materials and equipment furnished under
this Agreement will be new unless otherwise specified and will be of good
quality, free from faults and defects and in conformance with the Agreement. All
equipment and materials not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective.
If required by City or its designee, Contractor shall furnish satisfactory evidence
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as to the kind and quality of materials and equipment. This warranty is not limited
by any other provisions within this Agreement.
8.3 Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties, expressed and/or implied, shall be given to the City for all material
and equipment covered by this Agreement. All material and equipment furnished
shall be fully guaranteed by the Contractor against factory defects and
workmanship. At no expense to the City, the Contractor shall correct any and
all apparent and latent defects that are required under state or federal law.
DEFECTIVE WORK.
9.1 The City or its designee shall have the authority to reject or disapprove work
which is found to be defective. If defective work is found, Contractor shall
promptly either correct all defective work or remove such defective work and
replace it with non -defective work. Contractor shall bear all direct and indirect
costs of such removal or corrections including cost of testing laboratories and
personnel.
9.2 Should Contractor fail or refuse to remove or correct any defective work or to make
any necessary repairs in accordance with the requirements of this Agreement
within the time indicated in writing by the City Manager or its designee, the City
shall have the authority to cause the defective work to be removed or corrected, or
make such repairs as may be necessary at Contractor's expense. Any expense
incurred by the City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of
failure of Contractor to make all necessary repairs promptly and fully, which is not
cured in the cure period, the City may declare Contractor in default.
9.3 If, within one (1) year after the date of completion of Services or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision(s) of
this Agreement, any of the work is found to be defective or not in accordance with
this Agreement, Contractor, after receipt of written notice from the City or its designee,
shall promptly correct such defective or nonconforming work within the time specified
by the City without cost to the City. Nothing contained herein shall be construed to
establish a period of limitation with respect to any other obligation which
Contractor might have under this Agreement including but not limited to any claim
regarding latent defects.
9.4 Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
9.5 Where the City or its designee becomes aware of faults, defects or non -conformity
in any of the work provided under this Agreement or with the work being
performed by the Contractor, the City or its designee shall issue a Notice to Cure
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to the Contractor for correction. In no event shall the failure of the City or its
designee to bring to the attention of the Contractor of such faults act as a waiver or
release the Contractor from responsibility or liability for such fault, defect or non-
conforming work.
10. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in
a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate the
Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an amount
equal to the actual cost of a third party to cure such failure. If Contractor fails,
refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
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 10A(i) and l0A(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.
11. 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
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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.
12. 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.
13. 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 A. Dion
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
Lalo Azcona, Vice President
Contractor:
DuraSery Corp. d/b/a Overhead Door
Company of Sourth Florida
3949 Commerce Parkway
Miramar, FL 33025
lalokohdsf.com
305-563-1154
14. 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.
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(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, 4"
Floor, Sunny Isles Beach, Florida 33160.
15. 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.
16. 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.
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17. 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.
18. 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
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.
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. Contractor 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.
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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 `B". 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. 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.
21. 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 Consultant enters into a contract with a
subcontractor, the subcontractor must provide the Consultant 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, Consultant is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Consultant during the
contract term. Further, Consultant must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Consultant 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
Consultant must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "C".
22. 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 Composite Attachment "A", and Attachment `B".
23. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
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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 triplicate
on the day and year first written above.
WITNESS:
L
gigniatdKe
McKenzie Ross
Print Name
AT'
l:y
Department Head
DURASERV CORP D/B/A OVERHEAD
DOOR COMPANY OF SOUTH
FLORIDA
Jeremy D nton, Contract Administrator
CITY OF SUNNY ISLES BEACH
BY:
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
N1ti ttKard A. Dion, City Attorney
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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: Rick Labinsky, P.E., City Engineer
DATE: July 21, 2022
RE: Approval of Amendment No. 1 with Durasery for the Installation of
Security Gate at the Government Center Parking Garage
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
Durasery Corp. D/B/A Overhead Door Company of South Florida has submitted Change Order No. 1 t
their Agreement for reimbursement of permit fees, in an amount not to exceed $2,879.96.
FUNDING SOURCE:
Funds have been appropriated in account no. 300-5-5390-465000-30001.
ATTACHMENTS:
Resolution
First Amendment
Item Number: 10.M
202