HomeMy WebLinkAboutReso 2024-3634RESOLUTION NO. 2024 - V
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RATIFYING AN AGREEMENT WITH SOUTHEASTERN SURFACES AND
EQUIPMENT TO REPLACE THE HARDWOOD FLOOR IN THE PELICAN
COMMUNITY PARK GYMNASIUM; IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED SEVENTY-EIGHT THOUSAND SIX HUNDRED FORTY-THREE DOLLARS
AND FIVE CENTS ($178,643.05); WAIVING THE BIDDING REQUIREMENTS SET
FORTH IN CHAPTER 62 OF THE CITY CODE AND AUTHORIZING EXPENDITURE OF
BUDGETED FUNDS FOR THE PURCHASE AND INSTALLATION OF A NEW GYM
CURTAIN DIVIDER AND TWO (2) ELECTRONIC SCOREBOARDS, IN AN AMOUNT
NOT TO EXCEED FORTY-ONE THOUSAND TWO HUNDRED SIXTY DOLLARS AND
NO CENTS ($41,260.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") is in need of a contractor to replace
and install new hardwood flooring (the "Services") at the Pelican Community Park gymnasium
(the "Gym"); and
WHEREAS, SSE and Associates, Inc., d/b/a Southeastern Surfaces & Equipment ("SSE"), is
a certified and insured company with the necessary experience to provide the desired Services;
and
WHEREAS, Sourcewell, a State of Minnesota local government unit and service
cooperative, issued Request for Proposals No. 031022, "Athletic Surfaces", and awarded
Contract No. 031022 ("Sourcewell Contract") to Robbins, Inc., for whom Contractor is an
authorized installer and dealer; and
WHEREAS, the Contractor has expressed their ability and desire to provide the Services
to the City pursuant to the pricing and terms and conditions under the Sourcewell Contract; and
WHEREAS, pursuant to Chapter 62 of the City's Code of Ordinances, purchases made
through intergovernmental cooperative purchasing arrangements or purchasing consortiums
organized as a corporation not for profit whose members are governmental entities, provided
that such cooperative purchasing arrangements or consortiums provide for a competitive
process to select a vendor, are exempt from the City's competitive bidding procedures; and
WHEREAS, due to the urgency in scheduling the Services in advance, the City Manager
authorized the issuance of a Purchase Order to, and executed an Agreement with, the
Contractor to provide the desired Services, in an amount not to exceed One Hundred Seventy -
Eight Thousand Six Hundred Forty -Three Dollars and Five Cents ($178,643.05), which includes a
contingency in the amount of Thirteen Thousand One Hundred Dollars and No Cents
($13,100.00);
R2024 Ratifying Southeastern Surfaces & Equipment For Gym Floor Page 1 of 3
WHEREAS, City staff has determined that additional interrelated services, such as the
curtain divider and electronic scoreboards, are also in need of replacement (the "Additional
Services"); and
WHEREAS, the Contractor has expressed their desire and ability to provide the
Additional Services, in an amount not to exceed Forty -One Thousand Two Hundred Sixty Dollars
and No Cents ($41,260.00); and
WHEREAS, upon careful review and consideration of additional three (3) quotes, the City
Manager has determined that it is in the best interest of the City to waive the bidding
requirements to maintain work performance quality, consistency, and continuity; and
WHEREAS, pursuant to section 62-12 of the City's Code of Ordinances, the City
Commission may authorize the waiver of competitive bidding procedures upon the
recommendation of the City Manager that it is in the best interest of the City to do so; and
WHEREAS, the City Commission wishes to ratify the Agreement with the Contractor to
provide the Services, and further wishes to authorize the expenditure of budgeted funds for the
interrelated Additional Services, in a total contract amount not to exceed Two Hundred
Nineteen Thousand Nine Hundred Three Dollars and Five Cents ($219,903.05), which includes a
contingency in the amount of Thirteen Thousand One Hundred Dollars and No Cents
($13,100.00), 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. Ratification of Agreement and Authorization of Expenditure of Budgeted Funds.
The City Commission hereby ratifies the Agreement with SSE and Associates, Inc., d/b/a
Southeastern Surfaces & Equipment for the replacement and installation of a new hardwood
floor at the Pelican Community Park Gymnasium, and further authorizes the expenditure of
budgeted funds for the purchase and installation of a new gym curtain divider and two (2)
electronic scoreboards, in an amount not to exceed Two Hundred Nineteen Thousand Nine
Hundred Three Dollars and Five Cents ($219,903.05), which includes a contingency in the
amount of Thirteen Thousand One Hundred Dollars and No Cents ($13,100.00), in substantially
the same form as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
Section 3. Effective Date. This Resolution shall become effective upo-- doption.
PASSED AND ADOPTED this 211t day of March, 024
Larisa Svechin, Mayor
@BCL@ECOACFEF.Doc Page 2 of 3 63
Maurjcio Betancuy, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
&• j
Amain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: 43WjW C Seconded by-&"— 66 ,E , i7V
Vote:
Mayor Svechin
(Yes)
(No)
Vice Mayor Lama
(Yes)
(No)
Commissioner Joseph
(Yes)
7t(Yes)
(No)
Commissioner Stuyvesant
(No)
Commissioner Viscarra
(Yes)
(No)
@BCL@ECOACFEF.Doc Page 3 of 3 64
SUNNY IS4E
'-.f4_lret
F'E9�• FLOP o,¢
fIY Of SUN f�
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND SSE AND ASSOCIATES, INC. d/b/a SOUTHEASTERN
SURFACES & EQUIPMENT
CONTRACT NO. 2024-7685
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this _'qday of March, 2024, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and SSE AND ASSOCIATES, INC., d/b/a
SOUTHEASTERN SURFACES & EQUIPMENT, a corporation authorized to do business in
the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 59-3265072.
RECITALS
WHEREAS, the City of Sunny Isles Beach is in need of Contractor to replace and
install new hardwood flooring for the gymnasium located at Pelican Park, as well a the
installation of scoreboards, and a divider curtain ("Services"); and
WHEREAS, Contractor is a certified and insured company with the necessary experience
to provide the desired Services; and
WHEREAS, Sourcewell is a State of Minnesota local government agency and service
cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section
123A.21) that offers cooperative procurement solutions to government entities, which issued
Request for Proposal ("RFP") No. 031022, entitled "Athletic Surfaces with Installation, Related
Equipment, Materials, and Services," and awarded an agreement to Robbins, Inc. ("Supplier"),
for whom Contractor is an authorized installer and dealer, beginning May 31, 2022 and
terminating on May 26, 2026, with the option to renew for one additional one-year term; and
WHEREAS, the City desires to enter into an agreement with Contractor, primarily using
the Sourcewell's bid and resulting contract (Contract No. 031022 -RBI), to provide the Services,
and more particularly, Contractor's price proposal, set forth in Attachment "A," appended hereto
and made part hereof, subject to the terms and conditions contained herein; and
WHEREAS, pursuant to the City's procurement code provisions, Section 62-13(I),
purchases made through intergovernmental cooperative purchasing arrangements or purchasing
consortiums organized as a corporation not for profit whose members are governmental entities,
provided that such cooperative purchasing arrangements or consortiums provide for a
competitive process to select a vendor are exempt from the City's bidding procedures; and
WHEREAS, although the vast majority of the Services are set forth in the Sourcewell
contract (Contract No. 031022 -RBI), pursuant to Section 62-12 of the City Code, the City desires
to waive competitive bidding procedures to include and accommodate the additional interrelated
Services that are not in the Sourcewell contract, totaling Forty -One Thousand Two Hundred Sixty
Dollars and No Cents ($41,260.00) needed to compete the Services; and
WHEREAS, the additional interrelated Services are an integral part of the project and for
purposes of continuity of work, it is in the City's best interest that such work be performed by
Contractor; and
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
WHEREAS, the City wishes to contract with Contractor to provide the desired Services
as more particularly described in Attachment "A" for the contract price of Two Hundred Six
Thousand Eight Hundred Three Dollars and Five Cents ($206,803.05), plus Thirteen Thousand
One Hundred Dollars and No Cents ($13,100.00) for contingency, resulting in a total not -to -exceed
amount of Two Hundred Nineteen Thousand Nine Hundred Three Dollars and Five Cents
($219,903.05);
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
TERMS
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
as well as the terms and conditions of the Sourcewell RFP No. 031022, and the awarded agreement
to Supplier (Contract No. 031022 -RBI), for whom Contractor is an authorized installer and dealer,
which are specifically incorporated herein and made a part hereof, as well as Contractor's proposal
to the City, appended as Attachment "A" (hereinafter referred to collectively as "Contract
Documents").
3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions
set forth in the Contract Documents. The Services shall be performed by Contractor to the full
satisfaction of the City. Contractor agrees to furnish all labor and material in a good and
workmanlike and professional manner to perform Services. Contractor agrees to have a qualified
representative to audit and inspect the Services provided on a regular basis to ensure all Services
are being performed in accordance with the City's needs and pursuant to the terms of this
Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the
City via telephone and in writing of any problems that could cause damage to the City's property,
improvements and persons. Contractor will require its employees to perform their work in a
manner befitting the type and scope of work to be performed. In the event that the Contractor fails
to complete the Services pursuant to the terms of this Agreement 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 eight (8) weeks, commencing
on June 1, 2024 and terminating on July 27, 2024.
Payment will be made only for work completed to the satisfaction of the City. Contractor is to
commence performance of work from the date of specified in the Purchase Order 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 19 and 22 entitled "Indemnification and Waiver of Liability," and "Compliance with
Law," respectively, shall survive termination of this Agreement.
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
5. COMPENSATION. During the term of this Agreement the City shall pay Contractor for
Services performed under this Agreement for the contract price of Two Hundred Six Thousand
Eight Hundred Three Dollars and Five Cents ($206,803.05), as more particularly set forth in
Contractor's proposal to the City attached hereto as Attachment "A," plus Thirteen Thousand One
Hundred Dollars and No Cents ($13,100.00) for contingency, resulting in a total not -to -exceed
amount of Two Hundred Nineteen Thousand Nine Hundred Three Dollars and Five Cents
($219,903.05). 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
made by the City in accordance with the Contract Documents and in accordance
with Florida's Prompt Payment Act. 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
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible for
any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties under
this Agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage, and
liabilities caused by Contractor, its agents or employees, as indicated below:
❑ Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of Two Million Dollars ($2,000,000) per occurrence.
❑ Worker's Compensation and employer's liability coverage, as required pursuant to
Florida law.
❑ 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.
❑ 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
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO
THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
WARRANTY OF SERVICES.
8.1 The Contractor shall warrant the 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,
including but not limited to, those warranties appended hereto as Attachment "B."
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
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
failure of Contractor to make all necessary repairs promptly and fully, which is not
cured in the cure period, the City may declare Contractor in default.
9.3 If, within one (1) year after the date of completion of Services or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision(s) of
this Agreement, any of the work is found to be defective or not in accordance with
this Agreement, Contractor, after receipt of written notice from the City or its designee,
shall promptly correct such defective or nonconforming work within the time specified
by the City without cost to the City. Nothing contained herein shall be construed to
establish a period of limitation with respect to any other obligation which
Contractor might have under this Agreement including but not limited to any claim
regarding latent defects.
9.4 Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
9.5 Where the City or its designee becomes aware of faults, defects or non -conformity
in any of the work provided under this Agreement or with the work being
performed by the Contractor, the City or its designee shall issue a Notice to Cure
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
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and without
cause terminate the Services then remaining to be performed at any time by giving
Contractor ten (10) days written notice. The terms of Paragraph l0A(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 that date upon which this
Agreement expires or is terminated, 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. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not
subcontract, assign, or transfer any work under this Agreement without the prior written consent
of the City. Should the Contractor subcontract any services under this Agreement, it shall be done
with continued liability for the Contractor. The Contractor shall remain responsible for services,
responsibilities, and liabilities of any person or entity acting under Contractor.
13. 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.
14. 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
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 parry as follows:
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
smorrisa,sibfl.net
aboileau n nlaw.com
If to the
Emmanuel Blanco
Contractor:
569 Canal Street
New Smyrna Beach, FL 32168
Tel: (954) 973-7144
eblanco sseteam.com
15. 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.
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 8
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
16. 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.
17. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not
discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance. The Contractor will take affirmative action to insure that
all employment practices are free from such discrimination. Such employment practices include
but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the City
setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply
with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any
Federally assisted program.
18. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code
of Ordinances of the City of Sunny Isles Beach, as amended, 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.
19. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, 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
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 9
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting
from, or directly related to the subject matter of this Agreement including, without limitation, any
and all claims, losses, liabilities, expenditures, demands or causes of action of any nature
whatsoever resulting from injuries or damages sustained by any person or property. In the event
any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action
or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or
proceeding by counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Contractor for the indemnification set forth in this Agreement.
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. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly,
voluntarily, and intentionally, waive the right which any may have to a jury trial in respect of any
action, proceeding, litigation, or counterclaim based hereon or arising out of, under, on or in
connection with this agreement or any course of conduct, course of dealing, statements (whether
verbal or written) or actions of either of party.
22. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Attachments "A" and `B".
23. 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
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "C." Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
the false certification. The Contractor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Contractor does
not demonstrate that the City's determination of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 287.135.
24. 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 1-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "D."
25. 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.
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment I I
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
SSE AND ASSOCIATES, INC. d/b/a
SOUTHEASTERN SURFACES &
EQUIPMENT
Tracy A. Ward, President
STATE OF FLORIDA:
`
COUNTY OF (6j.S�
The foregoing instrument was acknowledged before me by means of F physical presence or ❑
online notarization, this �$_ day of March, 2024, by Tracy A. Waid, as President of SSE and
Associates, Inc. d/b/a Southeastern Surfaces & Equipment.
(SEAL)
Personally Known )—< or Produced Identification
Type of Identification Produced:
State of
LENA C ACCARDI
Notary public State of Florida
Commission A HH 134250
Hy Comm. Expires May 25, 2025
id through National Notary Assn.
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 12
City,ofSunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATTEST CITY OF SU NJ ISLES BEACH
iA
'j
,
t
BY. BY:
Mau i6o'et,
Cme City Cly
Department Head
Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
Aninoileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 13
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 14
SOUTHEASTERN
SURFACES & EQUIPMENT
Florida State Certified M1WBE
Florida State Certified General Contractor— CGC 012423
QUOTATION
TO: CITY OF SUNNY ISLES BEACH
Attn
PROJECT: PELICAN PARK
Gymnasium Floor Replacement
We are pleased to quote as follows:
Robbins Sports Surfaces, Sourcewell Contract # 060518 -RBI
DATE: 2/16/2024
RECOMMENDED SYSTEM.
• Item #5 Eclipse SB — 8,208 sq. ft.
o List price $22.69 per sq. ft. discounted to $19.73 per sq. ft. $161,943.84
• Item #49 Demolition and disposal of existing system — 8,208 sq. ft.
o Priced per project, $1.50 per sq. ft. $ 12,312.00
Total, per Sourcewell Contract $174,255.84
Additional discount from SSE — 5% ( 8,712.79)
Total Adjusted Contract pricing $165,543.05
Pricing for handling bleachers not included in Sourcewell contract. Add $3,500 for SSE to handle
bleachers during demo and reinstallation of existing flooring.
No graphics/logo included in proposal. This can be added based on artwork selected.
220V / 3 Phase power must be available in close proximity to gymnasium. If appropriate power is not
available, please add $2,250 for generator rental.
Sanding machines come equipped with dust collection devices, however fine sanding dust will be
present after installation. No additional cleaning of gymnasium furnishings or HVAC protection
included in proposal.
4---i) P.O. Box 602 • 569 Canal Street • New Smyrna Beach • Florida • 32170
._ Phone: (386) 428-8875 • Fax: (386) 428-8767
www.sseteam.com
SOUTHEASTERN
17=
SURFACES & EQUIPMENT
Florida State Certified MNVBE
Florida State Certified General Contractor— CG 012423
QUOTATION
TO: CITY OF SUNNY ISLES BEACH DATE: 3/4/2024
Attn: PHONE:
From: Emmanuel Blanco FAX:
Email: eblanco(c-)-sseteam.com QUOTE #: 030424-02
PROJECT: PELICAN PARK GYM
We are pleased to quote you as follows:
• (2) 8'X 6' MODEL LX 2645
• WIRELESS CONTROLS
• CONTROL CONSOLES WITH CARRYING CASE
• DEMO AND DISPOSAL OF EXISTING
TOTAL SUPPLIED AND INSTALLED...............................................................................$16,800.00
Notes:
• We accept Visa, Master Card and American Express_ Payments made using a credit card will require an additional fee of 3.5%.
•__Sales/Use taxes are NOT INCLUDED in above bid amount
• 50% Deposit required at time of Order. Balance due on completion, with prior approved credit.
Payment and Performance Bonds are NOT INCLUDED in the above price. Add 1% for our standard bond form. If alternate bond
forms are required there may be an additional cost and the forms will be subject to approval by our bonding company.
• Removal and disposal of existing equipment or materials is NOT INCLUDED.
• Materials_ stored at owner or GC's request will incur storage fees and handling_ charges_ _
be reauired shall be
• Hoisting for non -ground floor access, unless specifically indicated above is not included.
• 100% Restocking fee on all returned material.
• Permits, if required, are not included and shall be provided by others at others expense.
• Athletic Equipment— We exclude all overhead support beams. Cradles, other accessories (i.e. height adjusters, safe straps,
etc.), shot clocks, or finish painting are not included unless specifically indicated above.
• Audience Seating —Aisle lights, "special/custom/designer" (other than standard) fabrics, flooring finishes, other accessories
(i.e. Tablet arms, donor plates, etc.), loose seating (i.e. folding chairs), or finished caps for floor anchors are not included unless
specifically indicated above.
• Exterior Grandstands — All site work including clearing, grading or leveling is excluded. Concrete slabs which may be required
beneath the grandstands are not included.
• Flooring -- Concrete slab must be level to 1/8" in a 10' radius and dry to 4.5# per 1,000 Sq.Ft. as tested by Calcium Chloride dry
crystal testing methods. All slab prep work, including leveling, and associated cost is by others. Moisture test results must be
provided to SSE prior to scheduling of crew to jobsite by others and at others expense. Thresholds, reducers, base and
removal/reinstallation of anything on the floor (i.e. bleachers or floor inserts) which may be required are excluded unless
specifically included above.
o For Wood flooring contracts only; GC shall provide subcontractor with electrical service for floor sanders — 208
v./3phase/100 amps.
`1 P.O. Box 602 • 569 Canal Street • New Smyrna Beach • Florida e 32170
Phone: (386) 428-8875 • Fax: (386) 428-8767
www.sseteam.com S, =
=7SOUTHEASTERN
� SURFACES & EQUIPMENT
Florida State Certified MIWBF
Florida State Certified General Contractor— CGC 012423
o For Synthetic flooring contracts only; No concrete sealers or curing compounds are to be applied or mixed with the
subfloors.
• Operable Partitions — GC to provide pre -punched overhead support beams to support the operable partitions. Sway bracing,
sound plenums, blocking at wall and jamb, lock cylinders, pass doors, pocket doors, other accessories (i.e. marker boards) , or
caulking are not included unless specifically indicated above.
• Telescopic Bleachers — All electrical connections including manual disconnect shall be provided by electrical subcontractor.
• This quotation is good for 60 days and subject to delivery and installation in six months.
TERMS AND CONDITIONS
• FINANCE CHARGES Purchaserwill receive monthly statements; however, payment is due upon receipt of original invoice. If the balance shown
on a monthly statement is not paid before the 30"' day of the same month, interest will accrue on the unpaid amount at the highest rate allowable
by Florida law.
• PERSONAL JURISDICTION Any judicial proceeding by the Purchaser against the Seller or the Seller against the Purchaser involving, directly
or indirectly, any matter in any way arising out of related to, or connected with this agreement or any other credit document shall be brought in
the courts of the State of Florida, County of Volusia, and the parties accept exclusive personal jurisdiction of these courts for the purpose of any
suit, action or proceeding. In addition, the parties knowingly, intentionally, and irrevocably waive to the fullest extent permitted by law, any
objection which they may now or later have to the laying of venue of any suit, action or proceeding arising out of relating to this agreement, or
any judgment entered by any court brought in the State of Florida. Further, both parties intentionally and irrevocably waive any claim that any
suit, action or proceeding brought in the State of Florida, County of Volusia, has been brought in an inconvenient forum.
• ATTORNEY'S FEES If Seller employs an attorney to enforce any provision of this Quotation or invoice, or to defend any action brought by
Purchaser, its agents or employees against Seller, whether the action sounds in contract, in tort or otherwise, or to collect any payment due to
Seller from Purchaser whether or not suit is instituted, Seller will be entitled to recover from Purchaser all costs and expenses incurred including
a reasonable attorney's fee.
• VENUE/JURY TRIAUINTEREST Purchaser will pay interest on all monies due to Seller at the highest lawful contract rate. Purchaser WAIVES
ANY RIGHT TO JURY TRIAL in any action brought by or against Purchaser involving Seller regardless of whether the claim sounds in contract,
in tort or otherwise, or is in any proceeding related, ancillary or supplementary to this Application. Purchaser waives any right of venue and
agrees that any legal action or arbitration proceeding between Purchaser and Seller regardless of whether it sounds in contract, in tort or
otherwise, will be brought in a state court of competent jurisdiction located in Volusia County, Florida.
• PERSONAL GUARANTY The person signing this Quotation on behalf of the Purchaser, personally and individually, guarantees the full and
prompt performance of the Purchaser and the payment of all sums due to Seller. As used in this PO, The term "Purchaser" will also include the
guarantor and any other party to this PO and all waivers are equally applicable to those persons.
I have read and agreed to the terms and conditions of this Quotation.
SIGNATURE
TITLE
DATE
P.O. Box 602 • 569 Canal Street • New Smyrna Beach • Florida • 32170
Phone: (386) 428-8875 • Fax: (386) 428-8767
www.sseteam.com
=7 SOUTHEASTERN
SURFACES & EQUIPMENT
Florida State Certified M/VIIBE
Florida State Certified General Contractor— CGC 092423
QUOTATION
TO: CITY OF SUNNY ISLES BEACH DATE: 3/4/2024
Attn: PHONE:
From: Emmanuel Blanco FAX:
Email: eblanco(a)sseteam.com QUOTE #: 030424-01
PROJECT: PELICAN PARK GYM
We are pleased to quote you as follows:
GYMNASIUM ATHLETIC EQUIPMENT by PSS:
• (1) #4050 CENTER -DRIVE Divider Curtain — 501 x 22'4"H
o INSTALL TO DROP BELOW A/C DUCT WITH ATTACHMENT TO EXISTING BEAM
o CENTER -DRIVE WINCH MOTOR
o BOTTOM HALF SOLID VINYL / TOP HALF MESH
o INCLUDES LIFT
o ANY ELECTRICAL WORK AS NECESSARY IS EXCLUDED AND TO BE BY OTHERS
TOTAL SUPPLIED AND INSTALLED.................................................................................$17,760.00
ADD FOR DEMO AND DISPOSAL BY SSE...........................................................................$3,200.00
Notes:
• We accept Visa,_ Master_ Card and American Express._ Payments made using a credit card will require an additional fee of 3.5%.
•___ Sales/Use taxes are NOT_INCLUDED in above bid amounts
• 50% Deposit required at time of Order. Balance due on completion, with prior approved credit.
• Payment and Performance Bonds are NOT INCLUDED in the above price. Add 1% for our standard bond form. If alternate bond
forms are required there may be an additional cost and the forms will be subject to approval by our bonding company.
• Removal and disposal of existing equipment or materials is NOT INCLUDED.
_Materials stored at owner or GC s request will incur storage fees and handling charges,
All electrical service requirements including:condult wiring and/orfinal_hook which may be required shall be provided_b�
• Hoisting for non -ground floor access, unless specifically indicated above is not included.
• 100% Restocking fee on all returned material.
• Permits, if required, are not included and shall be provided by others at others expense.
• Athletic Equipment — We exclude all overhead support beams. Cradles, other accessories (i.e. height adjusters, safe straps,
etc.), shot clocks, or finish painting are not included unless specifically indicated above.
• Audience Seating —Aisle lights, "special/custom/designer" (other than standard) fabrics, flooring finishes, other accessories
(i.e. Tablet arms, donor plates, etc.), loose seating (i.e. folding chairs), or finished caps for floor anchors are not included unless
specifically indicated above.
• Exterior Grandstands — All site work including clearing, grading or leveling is excluded. Concrete slabs which
may be required beneath the grandstands are not included.
P.O. Box 602 • 569 Canal Street • New Smyrna Beach • Florida • 32170
- Phone: (386) 428-8875 • Fax: (386) 428-8767
www.sseteam.com
SOUTHEASTERN
17=
SURFACES & EQUIPMENT
Florida State Certified /WWBE
Florida State Certified General Contractor- CGC 012423
• Flooring -- Concrete slab must be level to 1/8" in a 10' radius and dry to 4.5# per 1,000 Sq.Ft. as tested by Calcium Chloride dry
crystal testing methods. All slab prep work, including leveling, and associated cost is by others. Moisture test results must be
provided to SSE prior to scheduling of crew to jobsite by others and at others expense. Thresholds, reducers, base and
removal/reinstallation of anything on the floor (i.e. bleachers or floor inserts) which may be required are excluded unless
specifically included above.
o For Wood flooring contracts only; GC shall provide subcontractor with electrical service for floor sanders — 208
v./3phase/100 amps.
o For Synthetic flooring contracts only; No concrete sealers or curing compounds are to be applied or mixed with the
subfloors.
• Operable Partitions — GC to provide pre -punched overhead support beams to support the operable partitions. Sway bracing,
sound plenums, blocking at wall and jamb, lock cylinders, pass doors, pocket doors, other accessories (i.e. marker boards) , or
caulking are not included unless specifically indicated above.
• Telescopic Bleachers — All electrical connections including manual disconnect shall be provided by electrical subcontractor.
• This quotation is good for 60 days and subject to delivery and installation in six months.
TERMS AND CONDITIONS
• FINANCE CHARGES Purchaser will receive monthly statements; however, payment is due upon receipt of original invoice. If the balance shown
on a monthly statement is not paid before the 30"' day of the same month, interest will accrue on the unpaid amount at the highest rate allowable
by Florida law.
• PERSONAL JURISDICTION Any judicial proceeding by the Purchaser against the Seller or the Seller against the Purchaser involving, directly
or indirectly, any matter in any way arising out of related to, or connected with this agreement or any other credit document shall be brought in
the courts of the State of Florida, County of Volusia, and the parties accept exclusive personal jurisdiction of these courts for the purpose of any
suit, action or proceeding. In addition, the parties knowingly, intentionally, and irrevocably waive to the fullest extent permitted by law, any
objection which they may now or later have to the laying of venue of any suit, action or proceeding arising out of relating to this agreement, or
any judgment entered by any court brought in the State of Florida. Further, both parties intentionally and irrevocably waive any claim that any
suit, action or proceeding brought in the State of Florida, County of Volusia, has been brought in an inconvenient forum.
• ATTORNEY'S FEES If Seller employs an attorney to enforce any provision of this Quotation or invoice, or to defend any action brought by
Purchaser, its agents or employees against Seller, whether the action sounds in contract, in tort or otherwise, or to collect any payment due to
Seller from Purchaser whether or not suit is instituted, Seller will be entitled to recover from Purchaser all costs and expenses incurred including
a reasonable attorney's fee.
• VENUE/JURY TRIAUINTEREST Purchaser will pay interest on all monies due to Seller at the highest lawful contract rate. Purchaser WAIVES
ANY RIGHT TO JURY TRIAL in any action brought by or against Purchaser involving Seller regardless of whether the claim sounds in contract,
in tort or otherwise, or is in any proceeding related, ancillary or supplementary to this Application. Purchaser waives any right of venue and
agrees that any legal action or arbitration proceeding between Purchaser and Seller regardless of whether it sounds in contract, in tort or
otherwise, will be brought in a state court of competent jurisdiction located in Volusia County, Florida.
• PERSONAL GUARANTY The person signing this Quotation on behalf of the Purchaser, personally and individually, guarantees the full and
prompt performance of the Purchaser and the payment of all sums due to Seller. As used in this PO, The term "Purchaser" will also include the
guarantor and any other party to this PO and all waivers are equally applicable to those persons.
I have read and agreed to the terms and conditions of this Quotation.
SIGNATURE
TITLE
DATE
ri`rt P.O. Box 602 • 569 Canal Street • New Smyrna Beach • Florida • 32170
Phone: (386) 428-8875 • Fax: (386) 428-8767
www.sseteam.com
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "B"
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 15
CPERMANCE
R TS SYSTEMS
PRODUCT WARRANTY
DARED
GARED HOLDINGS LLC (the "Company") warrants its MODEL #4050 CENTER DRIVE GYM CURTAIN (the "Equipment")
against defects in material or factory workmanship for a period of ONE (1) YEAR ON VINYL AND FIVE (5) YEARS ON
STRUCTURE AND MOTOR from the date of substantial completion (the "Warranty Period").
If you discover a defect in the materials or factory workmanship of the Equipment during the Warranty Period, you
must promptly notify the company in writing. You must also include proof of purchase and purchase date,
installation date or date of substantial completion. The Company will, at the Company's discretion, repair or replace
the defective Equipment at no cost to you, except for shipping, insurance and installation costs, which shall be your
responsibility.
This warranty does not cover any loss or damage caused by (a) improper installation of the Equipment, (b) use of the
Equipment for purposes other than which it was intended, (c) disasters such as fire, flood, wind, and lightning, (d)
unauthorized alterations or modifications to the Equipment, or (e) any other abuse or misuse of the Equipment.
The Company's liability under this warranty is limited to the repair or replacement of defective Equipment. Your sole
and exclusive remedy against the Company shall be for the repair or replacement, at the Company's discretion, of any
defective Equipment as provided herein. *IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF THE EQUIPMENT, INCLUDING AND WITHOUT LIMITATION, ANY LABOR AND/OR OTHER INSTALLATION
EXPENSES INCURRED IN CONNECTION WITH THE REPLACEMENT OF THE DEFECTIVE EQUIPMENT WARRANTED
HEREUNDER, OR ANY OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF REVENUE OR PROFITS.
* Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
*ALL IMPLIED WARRANTIES WITH RESPECT TO THE EQUIPMENT, INCLUDING AND WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF A PARTICULAR PURPOSE, ARE HEREBY LIMITED IN
DURATION TO THE WARRANTY PERIOD. *Some states do not allow limitations on how long an implied warranty
lasts, so the above limitation may not apply to you.
No agent or representative of the Company or any other person has the authority to change or modify this warranty,
either orally or in writing, in any respect.
This warranty gives you specific legal rights. Additional legal rights may vary state to state.
GARED HOLDINGS LLC • 9200 East 146th St, Bldg A • Noblesville, IN 46060
Electro-Mech Scoreboard Company Standard Warranty and Limitation of Liability
for Scoreboards
Warranty Coverage
Electro-Mech warrants to the original end-user that the Equipment will be free from Defects (as defined
below) in materials and workmanship for a period of five years from the date of invoice..
Electro-Mech's obligation under this Warranty is limited to, at Electro-Mech's option, replacing or
repairing, any Equipment or part thereof that is found by Electro-Mech not to conform to the Equipment's
specifications. Any defective part or component shall be returned to Electro-Mech for repair or
replacement. Equipment determined not to conform to specifications will be repaired or replaced and
returned to Purchaser with transportation charges prepaid.
Any replacement parts or Equipment will be new or serviceably used, comparable in function and
performance to the original part or Equipment, and warranted for the remainder of the Warranty Period
Purchasing additional parts or Equipment from the Seller does not extend this Warranty Period.
Defects shall be defined as follows. With regard to the Equipment (excepting LEDs), a "Defect" shall refer
to a material variance from the design specifications that prohibit the Equipment from operating for its
intended use. With respect to LEDs, "Defects" are defined as LED pixels that cease to emit light. The
limited warranty provided by Electro-Mech does not impose any duty or liability upon Electro-Mech for
partial LED pixel degradation.
The Warranty does not provide for the replacement of communication methods including but not limited
to, wireless systems, wire, fiber optic cable, conduit, or trenching for the purpose of overcoming local site
interference.
THIS LIMITED WARRANTY IS NOT TRANSFERABLE.
Exclusion from Warranty Coverage
The limited warranty provided by Electro-Mech does not impose any liability upon Electro-Mech for:
• Any damage caused by the unauthorized adjustment, repair or service of the Equipment by
anyone other than personnel of Electro-Mech or its authorized repair agents.
• Damage caused by the failure to provide a continuously suitable environment, including, but not
limited to (i) neglect or misuse (ii) a failure or surges of electrical power (iii) any other cause other than
ordinary use.
• Damage caused by vandalism, fire, flood, earthquake, water, wind, lightning or other natural
disaster, or any other cause beyond Electro-Mech's reasonable control.
• Any statements made about the product by salesmen, dealers, distributors, or agents, unless
such statements are in a written document signed by an officer of Electro-Mech.
Limitation of Liability
In no event shall Electro-Mech be liable for any special, consequential, incidental or exemplary damages
arising out of or in any way connected the Equipment or otherwise, including but not limited to damages
for lost profits, cost of substitute or replacement equipment, down time, lost data, or injury to property, or
any damages or sums paid by Purchaser to third parties.
Electro-Mech Limited Warranty Statement Revised 2008 -September -09
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "C"
SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 16
a�SVN lIY If1eJ0
u �x
-- CONTRACTOR ANTI -BOYCOTT CERTIFICATION
i',��t ft ORS 1
t �r� O. iuN n5'O
[PURSUANT TO FLORIDA STATUTE § 215.1351
on behalf of %SAUC---Os(.cS
Print Name Company Name
certifies that J� '� ASS C •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 Terrorism
Sectors List; and
5. Has not engaged in business operations in Cuba or Syria.
4,�� ij� i--sz
Signature
�r--esjd-�-
Title
3 11 b' �
Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "D"
SSB and Associates, Inc., d/b/a Southeaster Surfaces & Equipment 17
E -Verify Affidavit
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.e-verify.gov/emplovers/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.
C mpany Name
J�
eror Signature
4
Print Name
5i -32..� 607 -
Federal Employer Identification Number (FEIN)
3)►Kq
Dates
PaS1CO
Title
Sworn to and subscribed before me on this this 1 S day of 011CK— '2021.4
By
'AMA is personally known to me
❑ Has produced Identification (type of identification produced:
R�°, Notary Public —State of Florida
WCommission a HH 134250
My Comm, Expires May 25, 2025
Bonded through National Notary Assn.
Print or Stamp of Notary
S •2.5- a-O:Ls
Expiration Date
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: Gayle Vasile, Cultural and Community Services Director
DATE: March 21, 2024
RE: Ratifying an Agreement with Southeastern Surfaces and Equipment for the
Replacement of the Gym Floor at Pelican Community Park
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The Cultural and Community Services Department budgeted to replace the maple hardwood floor in
Pelican Community Park gymnasium. This work would include a full replacement of the gym floor. The
decision to enter into an agreement with Southeastern Surfaces and Equipment and issue a Purchase
Order was made to ensure that the scheduling of the project for the summer months aligns with the
Norman S. Edelcup K-8 physical education classes and City programming. By proactively securing these
services, the City Manager aims to minimize disruptions at PCP gymnasium while efficiently managing
the project timeline. Most of the work proposed is via Sourcewell contract # #031022 -RBI, Athletic
Surfaces. Sourcewell is a cooperative purchasing program that extends competitive solicited contracts
and competitive prices to its members. The city is requesting a waiver of bid for the items not on
Sourcewell contract, which include a new gym divider curtain and two (2) electronic scoreboards,
purchase and install. Although these specific items are not on Sourcewell contract, the city requested
quotes to ensure the prices proposed by Southeastern Surfaces and Equipment were reasonable. The
waived items have been determined to be fair and reasonable.
For consistency of equipment and the ability to use the same contractor, we are requesting the
opportunity to waive the procurement process for these specific items.
Due to the demand for summer months, gymnasium floor installers book months in advance, as these
Item Number: 10.0
60
months reduce the impact on schools and community center schedules. Southeastern Surfaces and
Equipment were able to confirm a start date of June 1, 2024. The completed project will take
approximately eight (8) weeks.
City staff is requesting ratification of this agreement in an amount not to exceed of $219,903.05, which
includes $13,100 contingency.
Warranty information as referenced in the attached contract.
FUNDING SOURCE:
Funding have been appropriated in the Capital Improvement Project Budget Account No. 001-6-5720-
464150-60000.
ATTACHMENTS:
Resolution
Agreement
Item Number: 10.0
61