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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