HomeMy WebLinkAboutReso 2024-3656RESOLUTION NO. 2024 - 3�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH GREEN
FACULTIES, INC. TO PROVIDE CARPET AND FLOOR MAINTENANCE SERVICES, IN
AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTEEN THOUSAND FIVE
HUNDRED DOLLARS AND NO CENTS ($215,500.00), ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 9, 2024, the City of Sunny Isles Beach (the "City") issued and
advertised Invitation to Bid No. 24-01-01 ("ITB") to provide carpet and floor maintenance
services (the "Services"); and
WHEREAS, on February 15, 2024, via Resolution No. 2024-3621, the City Commission of
the City of Sunny Isles Beach awarded the ITB to, and approved Agreements with, Jumep Multy
Services LLC ("Primary Contractor") and Green Facilities Inc. ("Secondary Contractor"); and
WHEREAS, the Primary Contractor has expressed their unwillingness and inability to
perform their obligations set forth in their Agreement with the City; and
WHEREAS, Section 9(A) of the Agreement states that, "The City may, by written notice
to Contractor, terminate the contract if Contractor has been found to have failed to perform
the Services in a manner satisfactory to the City as per specifications set forth in the Contract
Documents. The date of termination shall be stated in the notice. The City shall be the sole
judge of non-performance."; and
WHEREAS, on April 23, 2024, the City Manager served the Primary Contractor with a
Notice of Default and Notice of Termination, pursuant to the aforementioned Section 9(A) of
their Agreement; and
WHEREAS, the Secondary Contractor has expressed their ability and desire to provide
the City with the Services as the primary contractor; and
WHEREAS, the City Commission wishes to approve a First Amendment to the
Agreement with the Secondary Contractor, to provide the City with the desired Services as the
primary contractor, in an amount not to exceed in an amount not to exceed Two Hundred
Fifteen Thousand Five Hundred Dollars and No Cents ($215,500.00), attached hereto as Exhibit
„A„
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of First Amendment. The City Commission hereby approves a First
Amendment with Green Facilities Inc. to provide carpet and floor maintenance services as the
@BCL@3COBC87E.doc Page 1 of 2
primary contractor, in an amount not to exceed Two Hundred Fifteen Thousand Five Hundred
Dollars and No Cents ($215,500.00), attached hereto as Exhibit "A".
Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute said
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this �
ATTEST:
'rI
Mauricio getaocur, CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
dA4&- �'�
ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
„ t
Moved by: l..6�r�i�i�'���G�/�► �����Seconded by:
T
Vote:
Mayor Svechin (Yes) (No)
Vice Mayor Lama (Yes) (No)
Commissioner Joseph (Yes) (Yes) (No)
Commissioner Stuyvesant _1cYes) (No)
Commissioner Viscarra ,,// (Yes) (No)
@BCL@3COBC87E.doc Page 2 of 2
sµNr is<F
Oil Y FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
OF SUNNY ISLES BEACH AND GREEN FACILITY, INC.
F y*FLOPOPy
°N N° CONTRACT NO. 2024-8405
THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY
ISLES BEACH ("City") and GREEN FACILITY, INC., a Florida corp ration, whose Federal
Identification Number is 27-3863431 ("Contractor"), executed this jkay of May, 2024, is
made a part of the original Agreement between the City and Contractor, dated February 21, 2024
("Agreement"), attached hereto as Attachment "A." The City and Contractor hereby agree as
follows:
1. RECITALS. City and Contractor wish to amend certain Recitals of the Agreement, as
follows:
WHEREAS, the City is in need of a sesendaf rip •moa Contractor to provide citywide
floor cleaning services, on ^^11, as needed basis ("Services"), as more particularly
described in Invitation to Bid No. 24-01-0 I, attached hereto as Attachment "A," which is
incorporated herein by reference; and
WHEREAS, upon evaluation, Contractor was determined to have submitted the second
lowest responsible and responsive bid, and upon the default of the lowest responsible and
responsive bidder, Contractor was has been selected as Sem Primary Contractor; and
2. SERVICES. City and Contractor also wish to amend the first sentence of Section 3 of the
Agreement, entitled "Services," as follows:
Contractor shall provide the Services, as more particularly described in Attachment "A,."
on an on .,11 as needed basis.
3. COMPENSATION. City and Contractor also wish to amend Section 5 of the Agreement,
entitled "Compensation," as follows:
During the term of this Agreement, Contractor agrees to provide the Services for an amount
not to exceed Te Th.,,,sa,-..a Dollars and No Cents ($10,000.0 Two Hundred Fifteen
Thousand Five Hundred Dollars and No Cents ($215,500.00). Payment to Contractor for
all charges and tasks under this Agreement shall be in accordance with the Contract
Documents and the Fee Schedule as reflected in Attachment "A," under the following
conditions:
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, February 21, 2024, shall
remain in full force and effect.
5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
GREEN FACILITY, INC. — FIRST AMENDMENT Page 1 of 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
conflicting or inconsistent terms, statements, requirements, or provisions contained in any other
document or attachment, including but not limited to Attachment "A."
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the date mentioned above.
GREEN FACILITY, INC.
BY:
hung Lee, President
STATE OF FLORIDA:
COUNTY OF BROWARD:
The foregoing instrument was acknowledged before me by means of JA physical presence or ❑
online notarization, this 2,1 day of, 2024, by Chung Lee, as President of Green
Facility, Inc.
(SEAL)
LNotary
ELEN GARBUT# H 6 mission# HH 65931mexpires Nov. ]Florida22, 2024
Notary u ic, tate of Florida
(Signature of Notary Public)
-L�Lx.41
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
Personally Known _ or Produc�d I_dentif'�il��lion V r
Type of Identification Produced: �yJGe� � PL4yJJjq.
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
GREEN FACILITY, INC. — FIRST•AMEN[)MLNT Page 2 of4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
11
13
CITYO N ISLES BEACH
BY:
Larisa Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: m6&4C0
aIn E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
GREEN FACILITY, INC. — FIRST AMENDMENT Page 3 of 4
City ofSuntry Ls/es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
(;RFI --,N FACILITY, INC, - FIRST AMf_NDMENT Page 4 o(4
O� SJNNY't'+jt
AGREEMENT BETWEEN THE CITY OF SUNNY
ISLES BEACH AND GREEN FACILITY, INC.
CONTRACT NO..2024-8405
THIS AGREEMENT (hcreinafter referred to as the "Agreement") is made in duplicate,
this L day of, February;.2024, by and between the CITY OF SUNNY ISLES BEACH, Florida,
(hereinafter refcrred to as "City"), and GREEN FACILITY; INC., a State of Florida for-profit
corporation (hcreinatter referred to as "Contractor") whose Federal I.D. No. is 27-3863431.
RECITALS
WHEREAS, the City is in need of a secondary Contractor to provide citywide floor
cleaning services, on an on-call, as -needed basis ("Services"), as more particularly described in
Invitation to Bid No. 24-01-01, attached hereto as Attachment "A," which is incorporated herein
by reference; and
WHEREAS, the City issued an Invitation to Bid (ITB) No. 24-01-01, entitled "Citywide
Carpet & Floor Maintenance Services;" and
WHEREAS, upon evaluation, Contractor was detennined to have submitted the second
lowest responsible and responsive bid, and was selected as Secondary Contractor; and
WHEREAS, Contractor is qualified, willing and able to provide the Services subject to
the terms and conditions contained herein; and
WHEREAS, the City desires to enter into this Agreement with Contractor to provide the
Services in the amount not -to -exceed Ten Thousand Dollars and No Cents ($10,000.00);
NOW THEREFORE, in consideration of the promises and the mutual covenants herein,
the Parties agree as follows:
. 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 ITB No. 24-01-01, entitled "Citywide Carpet & Floor
Maintenance Services," and Contractor's response thereto which are specifically incorporated
herein as Attachments "A" and "B" respectively (referred to collectively as "Contract
Documents").
3. SERVICES.. Contractor shall provide the Services, as more particularly described in
Attachment "A," on"an on-call, as -needed basis. 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 consistent with the type and scope of work to be performed. In the event that the
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor fails to complete the Services pursuant to the terms of this contract and City must
undertake the completion of performance of Services, Contractor agrees to indemnify the City or
all costs incurred with respect to the completion of those Services and any damages the City may
suffer as a result of Contractor's failure to perform the Services.
4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth
herein, the term of this Agreement shall commence upon execution of this Agreement by both
Parties, and shall continue for an initial two (2) year term. Prior to, or upon completion of the
initial term, the City has the option to renew this Agreement for three (3) additional one (1) year
renewal terms, upon mutual agreement of the Parties.
Payment will be made only for work completed to the satisfaction of the City. The terms of
Sections 16 and 18 titled "Indemnification and Waiver of Liability," and "Compliance with Law,"
respectively, shall survive termination of this Agreement.
5. COMPENSATION. During the term of this Agreement, Contractor agrees to provide the
Services for an amount not to exceed Ten Thousand Dollars and No Cents ($10,000.00). Payment
to Contractor for all charges and tasks under this Agreement shall be in accordance with the
Contract Documents and the Fee Schedule as reflected in Attachment "A," under the following
conditions:
A. Disbursements. There are no reimbursable expenses associated with this
Agreement.
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 Invoicing provisions contained in ITB No.
24-01-01, attached hereto as Attachment "A" 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. In the event the City Commission fails to appropriate funds for the
particular purpose of this Agreement during any year of the term hereof, then this
Agreement shall be terminated upon twenty (20) days written notice and the
Contractor shall be compensated for the Services satisfactorily performed prior to
the effective date of termination.
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
Green Facility, Inc. Page 2 of 18
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
be closed, any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible for
any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security taxes 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:
A. Comprehensive General Liability Insurance. General Liability for Bodily Injury &
Property Damage with limits of $1,000,000 per occurrence on a primary and non-
contributory basis, including the City of Sunny Isles Beach as Additional Insured, with a
Waiver of Subrogation to the City and a Hold Harmless Agreement. Coverage must be
offered in a form no more restrictive than the latest edition of the Comprehensive General
Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and shall specifically include the following with minimum limits not less than those
required for Bodily Injury Liability and Property Damage Liability:
• Premises and Operation;
• Independent Contractors;
• Products and/or Completed Operations Hazard;
• Broad Form Property Damage;
• Broad Form Contractual Coverage applicable to this specific Contract, including any
hold harmless and/or indemnification agreement.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
B. Business Automobile Liability. Business Automobile Liability with minimum limits of
One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be afforded on a form no
more restrictive than the latest edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office, and must include:
• Owned Vehicles;
• Hired and Non -Owned Vehicles;
• Employers' Non -City ship.
Before starting the Services, Contractor will file and make sure that all certificates of
insurance required by this document and by the Contract Documents are in the City's
possession. These certificates shall contain a provision that the coverage afforded under
the policies will not be canceled or materially changed until at least thirty (30) days prior
written notice has been given to the City by certified mail. The City shall be named as an
additional insured on the above -referenced policies.
Contractor agrees that if any part of the Services under the Contract is sublet, they will
require the Sub-Contractor(s) to carry insurance as required, and that they will require the
Sub-Contractor(s) to furnish to them insurance certificates similar to those required by the
City in this section.
C. Worker's Compensation Insurance. Worker's Compensation Insurance for statutory
obligations imposed by Worker's Compensation or Occupational Disease Laws, including,
where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal
Employers' Liability Act and the Homes Act, and Workers' Compensation in accordance
with Florida Statute, including Employer's Liability of $1,000,000. Contractor agrees to
be responsible for the employment, conduct and control of its employees and for any injury
sustained by such employees in the course of their employment
D. Cancellation and Re -Insurance. It shall be the responsibility of the bidder and insurer to
notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material
modification of any insurance policies insuring the Proposers, which relate to the activities
of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing,
and shall be submitted to the City finance support service director thirty (30) days prior to
cancellation of such policies. This requirement shall be reflected on the certificate of
insurance. Failure to fully and satisfactorily comply with the City's insurance and bonding
requirements set forth herein will authorize the City Manager to implement a rescission of
the Bid award without further City Commission action.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Insurance required of the Contractor shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for contractual
liability, with the City named as additional insured. All policies shall contain a waiver of
subrogation endorsement. All policies and certificates shall be in forms and issued by insurance
companies acceptable to the City Manager or his designee. All insurance policies and certificates
of insurance shall provide that the policies may not be canceled or altered without thirty (30) days
prior written notice to the City. Contractor shall also require and ensure that each of its sub -
Contractors providing services hereunder (if any) procures and maintains, until the completion of
the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO
THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
DEFECTIVE WORK.
A. 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.
B. Should Contractor fail or refuse to remove or correct any defective work or to make
any necessary repairs in accordance with the requirements of this Agreement
within the time indicated in writing by the City Manager or its designee, the City
shall have the authority to cause the defective work to be removed, or corrected, or
make such repairs as may be necessary at Contractor's expense. Any expense
incurred by the City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of
failure of Contractor to make all necessary repairs promptly and fully, which is not
cured in the cure period, the City may declare Contractor in default.
C. 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 warranty
provided, 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
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
limitation with respect to any other obligation which Contractor might have under
this Agreement including but not limited to any claim regarding latent defects.
D. 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.
E. 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.
9. TERMINATION AND REMEDIES FOR BREACH.
A. The City may, by written notice to Contractor, terminate the contract if Contractor
has been found to have failed to perform the Services in a manner satisfactory to the
City as per specifications set forth in the Contract Documents. The date of
termination shall be stated in the notice. The City shall be the sole judge of non-
performance.
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 will only be responsible for paying the Contractor for
Services satisfactorily performed prior to the date of termination. Under
no circumstances will the City be responsible for monthly service charges
for the remaining, unexpired portion of the then existing term.
2. Notwithstanding the foregoing, the Contractor shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of
the Agreement by Contractor and the City may reasonably withhold
payment to Contractor for the purposes of set-off until such time as the
exact amount of damages due the City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and without
cause terminate the Services then remaining to be performed at any time by giving
Contractor thirty (30) days written notice. The terms of Paragraph 9A(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
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
10. 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.
It. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
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 Ave.
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
Tel: (305)-792-1701
Tel: (305)-792-1702
smorrisnsibfl.net
aboileaunngnlaw.com
If to the Contractor:
Chung Lee, President
Green Facility, Inc.
2900 N. University Drive, Ste. 46
Coral Springs, FL 33065
Tel: (954) 654-3365
chung&gficlean.com
12. 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.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
B. Upon request from the City, Contractor shall provide the City with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise
provided by law.
C. Contractor shall ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the City.
D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public
records in possession of the Contractor or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided by Contractor to the City, upon request from the
City, in a format that is compatible with the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S
CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070
Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160.
13. 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.
14. 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 I 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
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
15. 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 Chapter
33 of the City of Sunny Isles Beach Code of Ordinances, 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 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. 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 Agreement or to any benefit arising therefrom.
16. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney fees to the extent caused, in whole or in part, by
the negligence, error or omission of the Contractor or persons employed or utilized by the
Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter
indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the
City to defend City, its agents, representatives, officers, directors, officials and employees from
and against any and all.causes of action, demands, claims, losses, liabilities and expenditures of
any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the
intentional or negligent act of, or omission of Contractor, including those of their employees,
agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of
this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures,
demands or causes of action of any nature whatsoever resulting from injuries or damages sustained
by any person or property. In the event any lawsuit or other proceeding is brought against City by
reason of any such claim, cause of action or demand, Contractor shall, upon written notice from
City, resist and defend such lawsuit or proceeding by counsel satisfactory to City.
The provisions and obligations of this Section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Contractor for the indemnification set forth in this Agreement.
17. 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
Green Facility, Inc. Page 9 of 18
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 parry 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.
18. 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.
19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
prevail and be given superior effect and priority over any conflicting or inconsistent term,
statement, requirement, or provision contained in any other document or attachment, including but
not limited to Contractor's proposal attached hereto as Attachment "A."
20. 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.
21. 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
Green Facility, Inc. Page 10 of 18
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.
22. 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."
23. BACKGROUND CHECKS. Prior to performing work in the City pursuant to the
Agreement, Contractor, and managers, employees, independent contractors, and any
subcontractors of Contractor (collectively "Personnel") that will perform work under this
Agreement shall be required to undergo a criminal background check consisting of a Florida
Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime
Information Center ("FCIC/NCIC") criminal records check. Any Personnel not meeting this
requirement will not be permitted to perform work under this Agreement. The background check
will be performed by the City's Human Resources Department, at the Contractor's sole expense.
Failure of Contractor to comply with this provision, shall be cause for termination of the
Agreement.
24. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
Green Facility, Inc. Page 11 of 18
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the parry granting such waiver.
D. Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this Agreement, duly
authorized by all necessary and appropriate action to execute this Agreement on behalf of such
party and does so with full legal authority to bind their respective party to this Agreement.
E. This Agreement contains the entire agreement of the parties, and may be amended,
waived, changed, modified, extended or rescinded only by in writing signed by the party against
whom any such amendment, waiver, change, modification, extension and/or rescission is sought.
F. If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any
document incorporated into this Agreement, the term, statement, requirement, or provision
contained in this Agreement shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement or provision contained in any other
document or attachment, including but not limited to Attachments "A" `B" and "C".
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
[SIGNATURE PAGE TO FOLLOW]
Green Facility, Inc. Page 12 of 18
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
GREEN FACILITY, INC.
BY:
LeeeP r �es i d7e in
STATE OF FLORIDA:
COUNTY OF g oQ)A ( 1- :
The foregoing instrument was acknowledged before me by means of physical presence or ❑
online notarization, thisZLj_jz day of February, 2024, by Chung Lee, as President of Green Facility,
Inc.
(SEAL)
NORMA PATRICIA REYES
E---OAI
.Notary Public,State of Flotlda Commission# HH 68476
My comm. expires Dec. Ot, 2024_._
f
N tary Pu tic, State of F ori
( ignature of Notary Public)
(Print, Type, or Stamp 9�4
Commissioned Name of Notary
Public)
Personally Known _ or Produced Identification I/
Type of Identification Produced:,.] to✓1 CfCA �Z t 6 O '(,Q( t15
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
Green Facility, Inc. Page 13 of 18
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
AT]
BY:
Department Head
CITY OF SUNNY ISLES BEACH
BY: \1 \
Larisa Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BYAain
Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Green Facility, Inc. Page 14 of 18 188
IT8# 24.01-01 CARPET d1 FLOOR MAINTENANCE SERVICES
Mistakes found in tots s.
2/1/24
Vona LOCATION SQ." PRICE PER
TOTAL SQ. FT.
t O E N ENT NTE-110TOt 1111ns Av1nU*1UMnT 1114/ 1116th, FL 31160
TOTAL MONTNtY
Floors i to d; Lobby, Visitor Center, Library, Commissioners Chambers, Post Office, Bathrooms,
Hallways, Breakrooms, ocean Rescue Quartets,
Tclr,:o 6140 10.08
elrpet
491.20
Sign by ea
17,674 .50.08.
s 1413.92
Correction:
r�1e 4� S 0.08
1274.72
a11re1e 420 S0.08
£ 33.60
$0,08
$58 .6!"0'$661.76
TOTAIMOMVY
2 795.
0
$2,875.20
Ot+V tkselha 51Ma to as hoots eY�ry 6 mgmM. tel tier 6 MONTH DEEP 5,61 6
3 S.4 (psp21) rord,blb CLEANING V
1
OVERNMENTANNEX.38050'Co1UnsAve,Sunnylsles�sii;
Tem:oI 2,180 5 0.08 $174.40
Caqw i,as0 S 0.08 9110,40
Tilt 1.367 S 0.08 i$ 109.36
TOTAL MoMLY Fs 394.16
Onp Ckanina SL -40 to go soon every 6 month, See ml 6 MONTH DEEP _-...
t►3.SA 1pate24) rordetaas aE' wG 6 710.70
a FLEET BUILDING 18.080 Collins Ave
SCOPE OF WORK:
►e 474 $ 0.08
TOTALMONTKLY ;$37.92
sSeNon 3 s 1A 1wasrye: ) w► all
1wry s ewngo, te.ITe 6 McCLMING $ 47.40
4 GATEWAY PARK -151 Sunny Isles Blvd, Sunny Isles Beach, FL 33160
OM= 2.875 10.08 s230.00
C
3.01 $ 0.08 s289.68
TIIO :620 $0.08 $ 209.60
R $ S
TOTAL MOMWV 3729 28
00"Crmbs$a "18allGo"wvyBmonfts«m aMONTHoEE/51,199.10
Union IIA (p,pt1) An deblk ellANINB
6 PELICAN PARK -1aliS N Bay Rd, Sunny Isles Beach, FL 83160
Terrue 4,302 IS 0.08 5344.18
taros 1,000 S 0.08 880.00
47 Green Facility, Inc. Bid # 24-01-01
I laminate (GYM)
CM IN farvlea to aN (loon wary i months, "* IT$
MLL4(PgMj fordetalla
rs iPuatiC WORKS COMPOUND • 19160
'6MOM UrAw to an floor awry i motdhs, saa fm
ffE�SPOT
7 - 215185 Street
O"p aconin[ fervke to aE floors wary i months, as fte
sactbn &M WP24) for deans
Sign by each
correction:
$144.80
iev v.Uo vay.+v
TOTAL MONTHLY
I morn" OEEP
CLEANING a 3 166.50
Avenue Sunny Isles Beach, FL 33160
w 0.09 S 180.00
TOTAL MONTHLY , 160,00
i MONTH DEEP 3 AOO.00
nsuusw 4
0.08 580.00
TOTAL MONnfLr is 672.00 ..
6MWHONE
P. sA_45n
,
Outdoor Prmurowasht
525
0.50
Pool Tile Maintenance
fdovemment Cente
s25 —s
O.50
olsbdeetent
S25
50.50
Uohalstamd Fumiture deanin[
S 25
IsO.50
Af w Now EmergeM Sarvka for
Roar ofeani i
.
i 80
50.50
Signature of Authorized signer to bind contract total
48 Green Facility, Inc. Bid Al 24-01-01
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: Fabricio Volpi, Public Works Director
DATE: May 16, 2024
RE: Approval of First Amendment to the Agreement with Green Facility, Inc. for
Carpet and Floor Maintenance Services
RECOMMENDATION:
Staff recommends approval of this Resolution.
F.IXTIVISI&P
The City of Sunny Isles Beach is in need of a primary contractor to provide citywide floor cleaning
services, as more particularly described in Invitation to Bid No. 24-01-0 I.
Citywide floor cleaning services for City facilities which include the Government Center, including the
library and post office, all floors at Pelican Community Park, Gateway Park, the Spot, the Annex, the
Fleet Office and the Public Works Office.
Upon evaluation, contractor was determined to have submitted the second lowest responsible and
responsive bid, and upon the default of the lowest responsible and responsive bidder, contractor has
been selected as primary contractor.
Item Number: 10.8
Contractor agrees to provide the services for an amount not to exceed $215,500.00
FUNDING SOURCE:
Funds have been appropriated in Account Nos.:
#001-5-5391-446003-00000
#001-5-5391-446003-15000
#001-5-5391-446003-60000
#001-5-5391-446003-33001
#001-5-5391-446003-29000
ATTACH M E NTS:
Resolution
First Amendment
Item Number: 10.13