HomeMy WebLinkAboutReso 2024-3623RESOLUTION NO. 2024- '7!S&2--5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN AGREEMENT WITH VALROSE INVESTMENT GROUP,
LLC, d/b/a AWNINGS BY VALROSE, FOR REPLACEMENT OF THE SHADE
STRUCTURE AND THE ADDITION OF WINDOW AWNINGS AT THE CITY HALL
ANNEX, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY EIGHT
THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND NO CENTS ($348,865.00),
WHICH INCLUDES A TEN PERCENT (10%) CONTINGENCY INCLUDED, 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 (the "City") is in need for Contractor to replace
the shade structure and add window awnings at the City Hall Annex (the "Services"); and
WHEREAS, Awnings by Valrose ("Contractor") is a certified and insured company with the
necessary experience to provide the desired Services; and
WHEREAS, on October 12, 2022, the City released a Request to Qualify ("RTQ") No. 22-
10-01 titled, Canopy and Awning Services on an as -needed basis, and the City sought to establish
a pool of pre -qualified vendors that are capable to permit, design, manufacture, install and/or
repair canopies and awnings City-wide on an as -needed basis; and
WHEREAS, on November 2, 2022, two (2) proposals were submitted, both were pre-
qualified to participate in the pre -qualification pool; and
WHEREAS, the Contractor is willing and able to provide the City with the desired Services
pursuant to the pricing and terms and conditions; and
WHEREAS, the City Commission wishes to approve an Agreement with the Contractor to
provide the desired Services, in an amount of Three Hundred Seventeen Thousand One Hundred
Fifty Dollars and No Cents ($317,150.00), plus a Ten Percent (10%) contingency, for a total
amount not to exceed Three Hundred Forty Eight Thousand Eight Hundred Sixty Five Dollars and
No Cents ($348,865.00), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves an Agreement
with Awnings by Valrose, Inc. to replace the shade structure and add window awnings at the City
Hall Annex, in an amount of Three Hundred Seventeen Thousand One Hundred Fifty Dollars and
No Cents ($317,150.00), plus a Ten Percent (10%) contingency, for a total not to exceed amount
of Three Hundred Forty Eight Thousand Eight Hundred Sixty Five Dollars and No Cents
($348,865.00), attached hereto as Exhibit "A".
@BCL@440B8C6A.docx Page 1 of 2 225
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 15th day of Febru y,
MauNcio'Betandur, CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
0
ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved Seconded by: L' � (�� Zf7`'l
Vote:
Mayor Svechin
Vice -Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
@BCL@440B8C6A.docx Page 2 of 2 226
I SUNNY 1,j
F
V I
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND VALROSE INVESTMENT GROUP, LLC,
a
ClrY of sOl 'HC
d/b/a AWNINGS BY VALROSE
CONTRACT NO. 2024-8657
THIS CONTRACTUAL A�G,REEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, thisL'y of hbbru4, 2024, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and VALROSE INVESTMENT GROUP,
LLC, d/b/a AWNINGS BY VALROSE, a corporation authorized to do business in the State of
Florida (hereinafter referred to as "Contractor") whose Federal I.D. No. is 87-3780349.
RECITALS
WHEREAS, the City of Sunny Isles Beach is in need of Contractor to fabricate and
install tensile roof structures (awnings) and decorative aluminum louvers at the Annex
Building, located at 18050 Collins Avenue ("Services"); and
WHEREAS, the City issued a Request to Qualify (RTQ), No. 22-10-01, entitled "Canopy
and Awning Services on an As -Needed Basis," a copy of which is attached hereto as Attachment
"A" and incorporated herein by reference," wherein the City sought to establish a pool of pre-
qualified vendors that are capable to permit, design, manufacture, install and/or repair canopies
and awnings city-wide on an as -needed basis; and
WHEREAS, upon evaluation of Contractor's proposal, Contractor was pre -qualified to
participate in the pre -qualification pool of vendors; and
WHEREAS, the pre -qualified vendors were provided the opportunity to bid on this project
and requested Services, and Contractor was selected as the responsible and responsive bidder; and
WHEREAS, Contractor is a certified and insured entity with the necessary experience to
provide the desired Services; and
WHEREAS, the Contractor has agreed to provide the Services, as more particularly
described in the Contract Documents; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services
as more particularly described in Attachment `B" for Three Hundred Seventeen Thousand One
Hundred Fifty Dollars and No Cents ($317,150.00), plus Thirty -One Thousand Seven Hundred
Fifteen Dollars and No Cents ($31,715.00) for contingency, resulting in a total not -to -exceed
amount of Three Hundred Forty -Eight Thousand Eight Hundred Sixty -Five Dollars and No Cents
($348,865.00); and
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.
Valrose Investment Group, LLC
U67
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 RTQ No. 22-10-01, which is specifically incorporated herein
and made a part hereof as Attachment "A," as well as Contractor's Estimate to the City, attached
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 RTQ No. 22-10-01 and the Estimate to the City attached hereto as Attachment `B"
(hereinafter referred to as "Services"). The Services shall include furnishing all labor, equipment,
and materials necessary to fabricate and install the requested awnings and decorative louvers.
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
the 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, or 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 term of this Agreement shall be for a period of six (6) months, commencing
upon the issuance of a written Notice to Proceed by the City.
Payment will be made only for work completed to the satisfaction of the City. Contractor is to
commence performance of work from the date specified in 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 18 and 19 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, the City shall pay Contractor
for Services performed under this Agreement, for Three Hundred Seventeen Thousand One
Hundred Fifty Dollars and No Cents ($317,150.00), plus Thirty -One Thousand Seven Hundred
Fifteen Dollars and No Cents ($31,715.00) for contingency, resulting in a total not -to -exceed
amount of Three Hundred Forty -Eight Thousand Eight Hundred Sixty -Five Dollars and No Cents
($348,865.00). Payment to Contractor for all charges and tasks under this Agreement shall be in
accordance with the Contract Documents, 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
Valrose Investment Group, LLC
T,
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 RTQ No. 22-10-01, attached hereto as
Attachment "A," and allocated based upon the following milestone schedule:
Deposit(25%).....................................................
$79,287.50
Permit Approved (15%) ..........................................$47,572.50
Fabrication in Process (15%) ....................................$47,572.50
Start of Installation(20%).......................................
$63,430.00
Completion of Installation(15%) ...............................
$47,572.50
Retainage(10%)...................................................$31,715.00
Contingency (10%) ...............................................$31,715.00
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
Valrose Investment Group, LLC 3
�l
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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:
A. Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of Two Million Dollars ($2,000,000) per occurrence.
B. Worker's Compensation and employer's liability coverage, as required pursuant to
Florida law.
C. Business Automobile Liability which shall include coverage for all owned, non -
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for
bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for
property damage.
D. Umbrella/Excess Liability Policy at a minimum of $2,000,000.
The Commercial General Liability, Automobile and Umbrella policies must include the City of
Sunny Isles Beach as Additional Insured, be based on a Primary /Non -Contributory basis, and
include a Waiver of Subrogation on behalf of the City of Sunny Isles Beach.
Workers' Compensation must include a Waiver of Subrogation on behalf of the City of Sunny
Isles Beach.
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.
Val rose Investment Group, LLC
U�
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
8. WARRANTY OF SERVICES.
8.1 The Contractor shall warrant the labor performed for a minimum period of one (1)
year from the date the Services are complete. This warranty shall be in addition to
whatever rights the City may have under state or federal law. The Contractor's
obligation under this warranty shall be at its own cost and expense, to promptly
repair or replace (including cost of removal and installation), that item (or part or
component 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
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.
9. 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
Valrose Investment Group, LLC
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 beyond a period of five (5) years 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
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.
1. 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.
2. 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
Valrose Investment Group, LLC 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor ten (10) days written notice. The terms of Paragraph 10A(1) and A(2)
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 the expiration or
termination of this Agreement, 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.
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 electronic mail (e-mail) 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:
Valrose Investment Group, LLC
J�j
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
If to the City:
Stan Morris
With a copy to:
City Manager
City Attorney
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1776
Tel: (305) 792-1766
smorris sibfl.net
aboileau@ngalaw.com
If to the
Jason Gutman
Contractor:
Awnings by Valrose
1730 SW 30th Avenue
Hallandale Beach, FL 33009
Tel: (305) 333-9819
(305) 893-5553
'ason valrose.com
14. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform the
service.
B. 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.
C. 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.
D. 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, 411
Floor, Sunny Isles Beach, Florida 33160.
Valrose Investment Group, LLC
J�
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 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.
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
Valrose Investment Group, LLC
S�
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
19. LIQUIDATED DAMAGES. Failure to complete all the work within the time specified
above, including any extension granted in writing by the City, shall obligate the Contractor to pay
the City, as liquidated damages and not as a penalty, a minimum amount equal to One Hundred
Dollars ($100) for each calendar day of delay in the completion of all the work. The liquidated
damages will be defined per project. If any liquidated damages are unpaid by the Contractor, the
City shall be entitled to deduct these unpaid liquidated damages from the monies due the
Contractor.
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. 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 Attachments "A" and `B."
22. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
for goods or services if at the time of bidding, submitting a proposal for, or entering into or
renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
engaged in the boycott of Israel. 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 company submitted a false
certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
Section 215.473, or is 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
Valrose Investment Group, LLC 10
U�
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
23. 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 "D."
24. 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]
Valrose Investment Group, LLC 11
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
VALROSE INVESTMENT GROUP,
LLC, d/b/a AWNINGS BY VALROSE
�q _/V) ''A-- "_b�
_ has n Gutman, President
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
The foregoing instrument was acknowl d ed before me by means of ❑physical presence or ❑
online notarization, this day of �, 2024, by Jason Gutman, as President of Valrose
Investment Group, LLC, d/b/a Awnings by Valrose.
(SEA ?OSYP FAgIANANUDELMAN
MY COMMISSION 0 HH 109191
"yjPo EXPIRES: April 16, 2025
Bonded Thru Notary Public Underwriters
Personally Known X or Produced Identification
Type of Identification Produced:
ATTEST:
BY:
auricio Beta cur,
CMC City Clerk
Department Head
Notary Public, State of Florida
(Signature of Notary Public)
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
A ain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Valrose Investment Group, LLC 12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
Valrose Investment Group, LLC 13
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "B"
Valrose Investment Group, LLC 14
Y A L It. O G
Pitt V11-4 .1.waat St PVC ei W18
Awnings by Valrose
City Of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
(786) 351-5661
4 h gcuevas@sibfl.net
ESTIMATE
Cone Shaped - Tensile Roof
Fabricate and Install (1) tensile roof structure measuring 53' wide x 69'.
ESTIMATE #76241
ESTIMATE DATE Dec 8, 2023
TOTAL $317,150.00
CONTACT US
1730 SW 30th Avenue
Hallandale Beach, FL 33009
(305) 893-5553
valroseawnings@valrose.com
Service completed by: Marc Gutman
• Roof panel will be fabricated in one section.
• Includes (3) cones, cables and roof edge attachment to tension extrusions around the perimeter.
• Includes keder extrusion to mount around the perimeter, powder coated white.
• Includes steel masts that sit on top of the I-beam crossing
• Fabric will be Serge Ferrari TX -30 type III, white translucent.
Additional Notes:
• Warranty for fabric is 10 years and workmanship on structures is 1 year.
• Permanent Structure does not need additional reinforcement for this option.
• Cleaning of existing frame not included in proposal
• Removal of dirt and grime build up on storefront beneath old awning not included in proposal
$132,200.00
Decorative Aluminum Louvers (Main Structure) $112,800.00
Top Structure: Design, Fabricate and Install (32) Aluminum Bahama Louvers measuring 6'-6" tall x 6'-9"wide,
These will be installed on the main structure.
• HSS Beam to provide additional support included in proposal.
• Louvers are hurricane rated, impact.
• All powder coated in Black
Decorative Aluminum Louvers (Side Building) $74,450.00
Design, Fabricate and Install (21) Aluminum Bahama Louvers measuring approximately,7' tall x 7' wide.
(8) will be installed on the side of the building north elevation (facing city hall).
Awnings by Valrose http://www.valrose.com 1 of 3
(7) will be installed on the side of the building east elevation (facing city Collins Ave.).
(6) will be installed on the side of the building west elevation (facing open parking lot).
• Louvers are hurricane rated, impact
• All powder coated in Black
Services subtotal: $319,450.00
Engineering and Design Package
includes design services, seal shop drawings and calcs for a (3) cone tensile mounted on an existing steel
frame.
Timeline:
Installation will take place 8-10 weeks after permitting is approved.
Installation will take 2-3 weeks total.
Removal of dirt and grime build up on storefront beneath old awning not included in proposal
Subtotal
$7,500.00
$0.00
$0.00
Materials subtotal: $7,500.00
Returning Customer
$326,950.00
Tax (none 0%) $0.00
Total $3179150.00
Thank you for your business and trust in our company!
Additional Notes:
- Price estimate is good for 10 business days.
- 50% Deposit must be received to proceed with your order.
- For credit card payments please add 3% convenience fees.
- Other payment methods without fees are ACH, Zelle, Check or Cash.
- Signed contract is not binding until the deposit has been received.
Awnings by Valrose http://www.valrose.com 2 of 3
- Balance due to be paid upon installation.
- Estimates are preliminary to the final engineering calculations. Therefore, any changes arising from engineering will
effect the final price.
-For fabric products, canvas and vinyl awnings can wrinkle.
By Accepting this Proposal you are confirming the above prices, terms and conditions below are satisfactory and are
hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
Additional Work:
Valrose does not perform any electrical work. Valrose does not replace pavers or any flooring materials. Valrose can
coordinate these services.
Awnings by Valrose http://www.valrose.com 3 of 3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "C"
Valrose Investment Group, LLC 15
SUNNY S,e
F
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
Fl° ° I
[PURSUANT TO FLORIDA STATUTE § 215.475135]
I, jv.� h �°�v� �wwv, , on behalf of 6�1 ,
Print Name Company Name
certifies that does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Deem
Terrorism Energy Sectors List; and
5. Has not engaged in business operations in Cuba or Syria.
Signa re
Fri- s i �
Title
61i�tiaz
Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "D"
Valrose Investment Group, LLC 16
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E -Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further, the contractor must also require and
maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to
ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit
the E -Verify website (https://www.a-verify.gov/employers/enrolling-in-e-verify) and follow the
instructions. The contractor must, as usual, retain the 1-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with E -Verify requirements.
�G�rns-v\),4e -- mQ Ly C9 co ll C
Company Name
X 0 3 1q I d Z
Offeror igna u Date
Print Name Title
4l 3'1B () 3`1
Federal Employer Identification Number (FEIN)
Sworn to and subscribed before me on this this
By
❑ Is personally known to me
day of
❑ Has produced identification (type of identification produced:
Signature of Notary Public
Print or Stamp of Notary Public Expiration Date
2023.
I
r FLO
.a
Tp {7F SVN '.
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: February 15, 2024
RE: Approval of an Agreement with Valrose Awnings, Inc. for the Replacement of
the Shade Structure and the Addition of Window Awnings at the City Hal
Annex
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach is preparing plans to renovate the old Tony Romas Restaurant (City Hal
Annex) to be converted to offices for the City Building Department and to also have a small cafe stylE
food service facility. In conjunction with this work the City desires to replace the shade structure and
add window awnings at the City Hall Annex as it is in disrepair
On October 12, 2022 the City released Request to Quality# 22-10-01 titled, Canopy & Awning Service:
on an as needed basis. Through this Request to Qualify ("RTQ"), the City sought to establish a pool o -
pre -qualified vendors that are capable of permitting, design, manufacture, install and/or repair
canopies and awnings citywide on an as needed basis. Contractor shall provide all labor, materials,
and related items necessary to design, furnish, install or remove awning systems.
Entry into the pre -qualification pool is not a contract between the City of Sunny Isles Beach and ani
member of the pool, but rather an acknowledgment that the pool member satisfies the pre -
qualification criteria. Pre -qualified vendors are invited to participate in future spot market
competitions/projects. The pool shall remain open for the term of the RTQ (five years), enabling
vendors to qualify at any time after the initial RTQ opening date. The spot market competition will be
in the form of an Invitation to Quote or Work Order Proposal Request that will include the specific
Item Number: 10.1-1
222
goods and/or services required.
In the event of a hurricane or disaster, certain job orders may be funded by the Federal Emergency
Management Agency (FEMA). Therefore, the awarded Vendors shall comply with the Federz
Requirements.
The RTQ contained Minimum Qualification Requirements (MQRs) which the Vendor must meet to bi
considered responsive. The MQRs were:
• Vendor shall have a minimum of three (3) years' experience in providing awning services to
commercial clients.
• Vendors must provide three (3)_ references for which similar scope have been performed within
the last three (3) years.
• Vendor(s) shall hold one of the following licenses: Miami -Dade County Canvas Awnin€
Contractor; Metal Awning and Storm Shutters Contractor; Miscellaneous Metals Contractor'
General Contractor; Building Contractor or State of Florida Specialty Structure. A copy of th
license shall be provided with the Submittal.
On November 2, 2022, two (2) proposals were submitted, Industrial Shadeports, Inc. and Awnings b)
Valrose, both were pre -qualified to participate in the pre -qualification pool.
Both vendors were provided the opportunity to bid this project, however, following their site -visit
with the Project Manager, Industrial Shadeports, Inc. emailed Purchasing and the Project Manager th-
following: "Thank you for including Industrial Shadeports. Unfortunately, we have decided not tc
pursue this project."
Valrose Overview:
Valrose is a design -build firm that designs, engineers, manufactures, and installs awnings, sail shades
and modern shade structures all in house. This allows us to control quality, cost and time. For over
forty years, we have been serving an extensive commercial/high end residential client base which
includes retail and restaurant groups, banks, automotive, industrial, real estate, developers, architects,
general contractors, sports facilities, and many other businesses in the South Florida Area.
Overview:
• In business since 1984
• .Over 30,000 projects
• 12,500 square foot facility in Broward County, vertically integrated
• 100% Completion Rate
• Maintain a 4.8/5 customer satisfaction rating
• Less than 2% workmanship warranty claims
Item Number: 10.H
223
• Clientele Highlight:
• Homestead Speedway
• Aventura Mall/ Turnberry
• Trump/ Acqualina/ Ocean 1,2,4
• Ritz Carlton/ Four Seasons/ Biltmore
• Oprah Winfrey
• Pat Riley/Alonzo Mourning/ Other heat players
Therefore, the request herein is to award to Valrose Awning, Inc. in the amount of $317,150.00 with a
ten percent contingency for a total of $348,865.00.
ADDITIONAL INFORMATION:
Copies of the complete contract documents, inclusive of the RTQ and all exhibits, are on file with the
Office of the City Clerk and are available upon request.
FUNDING SOURCE:
Funds have been appropriated in account no. 140-4-5150-463000-00000.
ATTACHMENTS:
Resolution
Agreement
Item Number: 10.H
224