Loading...
HomeMy WebLinkAboutReso 2014-2291RESOLUTION NO. 2014 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE SECOND AMENDMENT TO THE AGREEMENT WITH STOCKTON MAINTENANCE GROUP, INC., FOR JANITORIAL MAINTENANCE SERVICES ON A MONTH -TO- MONTH BASIS, IN AN AMOUNT NOT TO EXCEED TEN THOUSAND EIGHT HUNDRED THIRTY -THREE DOLLARS AND THIRTY -THREE CENTS (510,833.33) PER MONTH, ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 17, 2008 via Resolution No. 2008 -1298, the City Commission awarded Bid No. 08 -06 -02 to and entered into an agreement with Stockton Maintenance Group, Inc. to provide Janitorial Maintenance Services, in an annual amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00), for three (3) years with an option of two (2) mutually agreeable written renewals of three (3) years each; and WHEREAS, on November 17, 2011 via Resolution No. 2011 -1804 the City Commission approved the First Amendment to the Agreement with Stockton Maintenance Group, Inc. to provide Janitorial Maintenance Services on a unit price basis, in an amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00) per year for a three (3) year term; and WHEREAS, the City wishes to amend the Agreement with Stockton Maintenance Group, Inc. to provide Janitorial Maintenance Services on a month -to -month basis, in an amount not to exceed Ten Thousand Eight Hundred Thirty -Three Dollars and Thirty -Three Cents ($10,833.33) per month, 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. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. Ratification of the Second Amendment to Agreement. The City Commission hereby ratifies the Second Amendment to the Agreement with Stockton Maintenance Group, Inc. to provide Janitorial Maintenance Services on a month -to -month basis, in an amount not to exceed Ten Thousand Eight Hundred Thirty -Three Dollars and Thirty -Three Cents ($10,833.33) per month, attached hereto as Exhibit "A ". Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. 82014- Stockton Janitorial Srvs 2nd Amd to Agmt Page I of 2 Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 18`1i day of September 2014. Norman S. Edelcup, Mayor ATTEST: �:S� � b Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: not, City Attorney Moved by: f1 rV Seconded by: Cp Vote: G —0 Mayor Edelcup \/ (Yes) (No) Vice Mayor Aelion /(Yes) (No) Commissioner Gatto ✓(Yes) (No) Commissioner Levin t;7 Yes) (No) Commissioner Scholl Yes) (No) 82014- Stockton Janitorial Srvs 2nd Amd to Agmt Page 2 of 2 gMT / f ,'I '= SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND STOCKTON . ' MAINTENANCE GROUP INC., FOR JANITORIAL MAINTENANCE SERVICES CONTRACT NO. C1314 -077 This Second Amendment to the Agreement between the City of Sunny Isles Beach and Stockton Maintenance Group Inc., executed this day of c�rA 014, is made a part of the original Agreement between the parties dated July 17, 2008 attached hereto as Attachment "A" and incorporated herein, between the City of Sunny Isles Beach ( "City") and Stockton Maintenance Group Inc., ( "Contractor') a business corporation licensed in the State of Florida, whose Federal Identification # is &S -OS19o3 3 . The City and Consultant hereby agree as follows: 1. OPTION TO RENEW: Both the City and Contractor mutually agree to exercise the second optional renewal term on a month to month basis, effective July 17, 2014. 2. COST: Contractor agrees to charge a prorated monthly rate of $10,833.33 (ten thousand eight hundred thirty three dollars and thirty three cents) during each month under this Second Amendment. 3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated July 17, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. ;TOCKTON MAINTENANCE GROUP INC 3 �1�5•�D��a�' Si and Ti e ATTEST: CITY OF SUNNY ISLES BEACH r B BY: ,'GZ 'fry Jane A. es, MM , City Clerk No an S. Edelcup, yor TO FORM AND LEGAL Attorney Exhibit "A" O� S JNNr 'StFJP i m J: O ,YN CITY OF SUNNY ISLES BEACH JANITORIAL MAINTENANCE SERVICES AGREEMENT WITH STOCKTON MAINTENANCE GROUP INC. CONTRACT NO: C0708 -078 THIS SERVICE AGREEMENT ( "Agreement ") made and entered into this Ld y of 2008, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal cipal corporation of the State of Florida (hereinafter referred as to "City "), and STOCKTON MAINTENANCE GROUP INC., a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as "Contractor "). RECITALS WHEREAS, in response to the City's Invitation to Bid No.: 08 -06 -02 for janitorial maintenance services for all City facilities, the City determined that the Contractor was the lowest responsible responsive bidder; and WHEREAS, the City desires to award Bid No.: 08 -06 -02 to Contractor in an amount not to exceed One hundred Thirty Thousand Dollars ($130,000.00); and WHEREAS, the City Code requires that all purchases for goods and/or services in excess of $10,000.00 be approved by the City Commission. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 1.2. SERVICES. Contractor shall provide janitorial maintenance services for all City facilities, as more particularly described in the contract documents referenced in Bid No. 08 -06- 02, incorporated herein by reference. 1.3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, this Agreement shall be for a term of three (3) years with two (2) options to renew this Agreement for three (3) years each, and shall commence upon execution by both parties and the issuance of a Notice to Proceed. In the event both the City and Contractor agree and elect to exercise its option to renew, Contractor agrees to charge an amount not to exceed One Hundred Thirty Thousand Dollars ($130.000.00) per year. ATTACHMENT "A" 1.4. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and shall not exceed One Hundred Thirty Thousand Dollars ($130,000.00) per year. Contractor shall submit invoices, on a monthly basis, by the 22nd day of each month. Should the 22nd fall on a weekend or a holiday, Contractor shall submit his invoice on the next business day. City shall pay Contractor only for Services actually performed. The 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. 1.5. 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. 1.6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 1.7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shalt deliver the documents to the City within fifteen (15) calendar days. 1.8. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, and employees from, and against, any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, ornissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of Services pursuant to that Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10 %) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 00708 -078 STOCKTON MAINTENANCE GROUP INC. AGREEMENT Contractor shall, at its own 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, Contractor's or employees, as more particularly set forth below: Comprehensive General and Umbrella 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, which when combined has minimum limits coverage of Pour Million Dollars ($4,000,000). Worker's compensation insurance at the statutory amount to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include employers' Liability at the statutory coverage amount. The Contractor shall further insure that all of its Sub - Contractors maintain appropriate levels of worker's compensation insurance. 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 combined single limit for Bodily Injury Liability and Property Damage Liability. Such insurance shall not diminish Contractor's indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Prior to the execution of this Agreement, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an 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's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior to written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of' liability required to he maintained by Contractor hereunder. 1.9. TERMINATION. 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) C0708 -078 STOCKTON MAINTENANCE GROUP INC. AGREEMENT 3 days to cure such default. if the default remains uncured after ten (10) days the City_ may terminate this Agreement. In the event of tennination, all finished and unfinished documents. data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 1.4 herein. 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. '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. Termination far 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. 1.10. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, riles and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non- prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 1.11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is 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 in a court of equity for violating such provisions. 1.12. BACKGROUND CHECK. A criminal background check will be required for any employee of the Contractor performing janitorial services at City facilities under this Agreement. The Contractor shall provide sufficient proof to the City that they performed criminal background checks on all employees designated to work at the City facilities. The Contractor C0708 -078 STOCKTON MAINTENANCE GROUP INC. AGREEMENT shall further provide sufficient proof that no employee designated to work at City facilities has a criminal felony conviction. The Contractor shall ensure that only their properly designated employees listed with the City Manager be pennitted on City premises. In the event the designated employees are removed by the Contractor, the Contractor shall immediately notify the City Manager. 1.13. NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the Cih�: A. John Szerlag With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach I City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Ph: 305 -792 -1701 Sunny Isles Beach, Florida 33160 Ph: 305 -792 - 17_0_2_ If to the Contractor: Douglas S. Riordan, President Stockton Maintenance Group Inc. 1975 Sansburys Way Ste. 116 West Palm Beach, Florida 33411 1.14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County, Florida. 1.15. 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. 1.16. NON - DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended; Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the .age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. C0708 -078 STOCKTON MAINTENANCE GROUP INC. AGREEMENT 5 Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, tennination, 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. 1.17. 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, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. 1.18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 1.19. ENTIRE AGREEMENT. This Agreement and the contract documents referenced in Bid No. 08- 06 -02, which are expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and./or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITT�sES: Print Name WITNESSES: STOCKTON MAINTENANCE GROUP INC. Douglas ,A_ Riordan, President , `� -- J,' wt W eA vACV -_ — Print Name 00708 -078 STOCK'rON MAINTENANCE GROUP INC. AGREE,41E•:NT In ATTEST: BY &��-� Jane A, Hines, CMC, City Cle'tk CITY OF SUNNY ISLES BEACH ZY �finnan S. Edelcup; Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY 13Y: Hans Ottinot, City Attorney 00708 -078 STOCKTON MAINTENANCE GROUP INC. AGREEMENT PERFORMANCE BOND Form to be Uaed when Bonding Only One Year of a Multi -Year Contract (Page t of 2) Effective Date: _August 14, 2011 Bond No 3342354, executed in 2 counterparts KNOW ALL MEN BY THESE PRESENTS: That, Stockton Maintenance Group, Inc. 1975 Sansbury's Way, Suite 116, West Palm Beach, FL 33411 (hereinafter called Principal) as Principal, and SureTec Insurance Company 952 Echo Lane, Suite 450, Houston TX 77024 a corporation duly organized under the laws of the State and duly authorized and licensed to do business in the State Of Texas Of Florida (hereinafter called Surety), as Surety, are held and firmly bound unto City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, FL 33160 (hereinafter called the Obligee), as Obligee, in the full and just sum of One Hundred Eighteen Thousand Thirty Six and 92/100 ---- ---- -- — -- --- Dollars ($ 118,036.92 ), to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain written contract with the above mentioned Obligee dated August 15, 2008 Maintenance Services Agreement for City of Sunny Isles Beach for a period of nine (9) years which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, and WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of only one year. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Form F5312 I PERFORMANCE BOND (Page 2 of 2) PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning August 14, 2011 and ending August 14, 2012 _ 2. In the event of default by the Principal in performance of the contract during the term of this bond the Surety shall be liable only for the loss to the Obligee for actual excess costs of performance of the contract up to the expiration of the term of this bond and in no event shall the liability of the Surety exceed the penal sum stated in this bond. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be instituted or maintained against the Surety under this instrument unless same be brought or instituted and process served upon the Surety within one year after the expiration of the term of this bond. 4. Neither non - renewal by the Surety, nor failure, nor inability of the Principal to file a performance bond for subsequent terms under said contract shall constitute loss to the Obligee recoverable under this bond. 5. The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the Surety and the Principal but regardless of the number of extensions for additional terms and the number of premiums which shall be payable or paid, the liability of the Surety hereunder shall not be cumulative from year to year nor period to period. 6. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed and sealed this I st day of July 2011 Stockton Maintenance Group, Inc. SureTec Insurance Company _ nncipa (Surety) By. 'Douglas - iordan, Presi Patricia L. Slaughter - Att ey in Fact & FL Licensed Resident Agent (407) 786 -7770 PAYMENT BOND ANNUAL BOND FOR A MULTI -YEAR CONTRACT Bond No. 3342354, executed in 2 counterparts KNOW ALL MEN BY THESE PRESENTS, That we, Stockton Maintenance Group, Inc. of 1975 Sansbury' s way, Ste. 116, West Palm Beach(herelnaftArcalled the Prinelpal), and SureTec Insurance Company, 952 Echo Lane, Suite 450, Houston TX 77024 khereinafter called the Surety), are held and firmly bound unto City of Sunny Isles Beach (hereinafter called the Obligee), in the full and just sum of One Hundred Eighteen Thousand Thirty Six and 921100 ----------------------- Dollars($ 118.036.92 ), to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, Jointly and severally, fin-n)y by these presents. WHEREAS, the above bonded Principal has entered Into a cartain written contract with the above mentioned Obiigeedated August 15, 2008 to August 15, 2017 fora period of nine (9) years which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. WHEREAS, the Obligee has agreed to accept a bond guaranteeing the payment of said contract for a period of only one year. NOW, THEREFORE, THE CONDITiON OF THE ABOVE OBLIGATION i8 SUCH, that If Principal shall In accordance -with applicable Statues, promptly make payment to all persons supply labor and.material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in fug force and effect Provided, however, that this bond is subject to the following conditions and provisions: 1, This bond Is for the term beginning August 14, 2011 and ending August 14, 2012 2. No claim, action, suit or proceeding, except as hereinafter set forth; shall be had or maintained against the Surety on this instrument unless same be brought or Instituted and process served upon the Surety within six months after the completion of the contract. 3. The total amount of the Surety's liability under this bond shall in no event exceed the penal sum hereof. 4. The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the Surety. Signed and sealed this 1st day of July , 2011 Stocktur maint1peme Gro Inc. Douglas S. dan, esiden Form "2 SureTec Insurance Company By: . t6 Patricia L. Slaughter - Atto y in Fact & FL Licensed Resident Agent (407) 786 -7770 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of eA , On this -I S 7"`" G1day o , in the year alp L ! , before me i personally comes to me known and known to me to be the person who is described in and executed the fo go "ng instrument, and r' acknowled s „t cuted the same. ?�A f fry l Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of 0 On this day of - , in the year , before me personally come(s) ' a member of the co- partnership of , to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the same as the act and deed of the said co- partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC) State of , `e-�► d 4 County of 0 411M A 4Gl%} _ On this JN day of in the year 2 Dl/ , before me personally come(s) DOUG- `.4 ,5 /o� Votk3 , to me known, who being duly sworn, deposes and says that he /she resides in the City of Cjq that he /she is the Aeg- r of the %�D Gam` !'D %'�ls'} / 4 N q �(" a20 UA the corporation described in and which executed the foregoing instrument; that he /she knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed-by the order of the Board of Directors of said corporation, and that he /she signed his/her name thereto�by like order. ACKNOWLEDGEMENT OF SURETY STATE OF Florida COUNTY OF Orange On this 1 st day of July, 2011 , before me, a Notary Public within and for said County, personally appeared Patricia L. Slaughter to me personally known, who being by me duly sworn he/she did say that he /she is the attorney -in -fact of SureTec Insurance Company , the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Patricia L. Slaughter acknowledged said instrument to be the free act and deed of said corporation. APP 01A. jr Notary public r State d Florida Teresa L Durham ct My Commiasip� EEO57514 a R Expires o?/Y?n016 NOTARY PUBLIC My Commission Expires 2l?2al 'tzg POA a: 910003 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey W. Reich, Susan L. Reich, Kim E. Niv, Teresa L. Durham, Patricia L. Slaughter, Gloria A. Richards, J. Gregory Mackenzie, Leslie M. Donahue its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Three Million Dollars and no /100 ($3,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force. until 9/302013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s }in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and Authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" ofAprfl, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. SuRANCF SURETEC INS E C PANY By: u~i it W °> John l o Jr., resident State of Texas ss: County of Harris t On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. M•Mry ,tgf p�',s JACQUEIYN MAIDONADO o- s Notary Public, State of Texas acq ely aldo ado, Notary Public s,., r.t My Commission Expires o�;zm N r May 16, 2013 y comet Sion ex s May 18,201 , 3 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney arc in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this /S% day of LIZU V .Iqo ll A.D. M. Brent Beaty, Assistant Secretary Any instrument Issued in excess of the penalty stated above is totally vold and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. .w fa'.'sw_ ✓ "4 � y r tip �•f4� TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Bill Evans, Assistant City Manager 9/18/2014 Resolution Approving a Month -to -Month Contract with Stockton Maintenance Group RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: The agreement between the City of Sunny Isles Beach and Stockton Maintenance Group, Inc. has expired. Both parties mutually agreed to exercise on a month -to -month basis. Stockton agreed to charge a prorated monthly rate of $10,833.33 In June 2014, the City went out to bid for janitorial maintenance services of City facilities. The City received four bid responses, of which X -Clean Corp was the lowest responsible and responsive bidder. X -Clean Corp has been providing janitorial services for similar facilities within the South Florida region since 2004. This item is on our September Agenda. If the Resolution is adopted, X -Clean Corp will be the City's sole janitorial maintenance provider. At that time we will not be using Stockton Maintenance Group. ATTACHMENTS: • Resolution • Second Amendment Agenda Item No. IOJ Date 9/18/2014 236