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HomeMy WebLinkAboutReso 2024-3695s R ° RESOLUTION N0.2024 - _4� .'�� w.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY ( FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOT, AGREEMENT WITH FABRICON MODULAR, LLC, TO S CONSTRUCT A NEW 24'X36' MODULAR AND PRE-ENGINEEF COLLINS AVENUE, IN AN AMOUNT NOT TO EXCEED T! THOUSAND DOLLARS AND NO CENTS ($230,000.00), P EXHIBIT "A", PROVIDED SAID AGREEMENT IS FIRST APIA SUFFICIENCY BY THE CITY ATTORNEY; AUTHORIZING THE ic90 lP ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTIOI EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") Building Department is in need of a contractor to supply, install, and construct a pre-engineered modular building ("Modular") to be located at 18070 Collins Avenue; and WHEREAS, the Florida Panhandle Area Educational Consortium, as a Purchasing Agency for the Florida Buy State Cooperative Purchasing Program ("Florida Buy"), issued Request for Proposal No. 21-15 entitled "Modular & Pre -Engineered Buildings," and awarded Contract No. 22-172 to Fabricon Modular, LLC (the "Contractor"); and WHEREAS, pursuant to section 62-13(I) 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 arte exempt from the City's competitive bidding requirements; and WHEREAS, the Contractor is a certified and insured company with the necessary experience to provide the desired Modular; and WHEREAS, the City wishes authorize the City Manager to negotiate and execute an Agreement with Contractor to provide the desired Modular, in an amount not to exceed Two Hundred Thirty Thousand Dollars and No Cents ($207,755.90), which includes a contingency amount of Forty -One Thousand One Hundred Thirty -One Dollars and No Cents ($41,131.00), attached hereto as Exhibit "A", provided said Agreement is first approved as to legal sufficiency by the City Attorney. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization of City Manager. The City Commission hereby authorizes the City Manager to negotiate and execute an Agreement with Fabricon Modular, LLC to supply, install, and construct a 24' x 36' modular and pre-engineered building at 18070 Collins Avenue, for the use of the Building Department, in an amount not to exceed Two Hundred Thirty Thousand Dollars and No Cents ($230,000.00), which includes a contingency amount of Forty -One @BCL@B40AFE48.doc Page 1 of 2 169 Thousand One Hundred Thirty -One Dollars and No Cents ($41,131.00), attached hereto as Exhibit "A". Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED on this 15th day of Au t, 2024. Larisa Svechin, Mayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mau icio Betanc r, CMC, City Clerk ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:�(� ..S5f�irtl A2 xi<'r Seconded by: % �L S ___ 1/f 'f Vote: Mayor Svechin Vice Mayor Lama 6 Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra (Yes) (No) (,Yes) (No) 17(,Yes) (No) =(Yes) (No) (Yes) (No) @BCL@B40AFE48.doc Page 2 of 2 170 SUNNY IS(F 04 `�Bm AGREEMENT BETWEEN THE CITY OF SUNNY ISLES s s ' BEACH FLOP AND FABRICON MODULAR, LLC -',o . CONTRACT NO. 2024-8836 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement'� is made in duplicate, this day of August, 2024, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and FABRICON MODULAR, LLC, a Florida limited liability company, whose Federal Employer Identification (FEI) No. is 85-2007862. RECITALS WHEREAS, the City is in need of a Contractor to supply, install, and construct a modular and pre-engineered building (hereinafter "Equipment") at 18070 Collins Avenue, as more particularly described in Attachment "A" (collectively "Services"); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the Florida Panhandle Area Educational Consortium, as a Purchasing Agency for the Florida Buy State Cooperative Purchasing program (hereinafter "Florida Buy") issued Request for Proposals (RFP) No. 21-15 entitled "Modular & Pre -Engineered Buildings," appended hereto as Attachment "B" and awarded an agreement with Contractor for a three (3) year period, with an option to renew for two (2) additional 12 -month terms (Contract Number 22-172); and WHEREAS, the City desires to enter into an intergovernmental cooperative agreement with Contractor, using Florida Buy's bid and pricing information, to provide the Services described in Attachment "A," 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, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachment "A," for a total amount not to exceed Two Hundred Seven Thousand Seven Hundred Fifty -Five Dollars and Ninety Cents ($207,755.90), which includes a ten percent (10%) contingency amount of Eighteen Thousand Eight Hundred Eighty - Six Dollars and Ninety Cents ($18,886.90); NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: TERMS RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. FABRICON MODULAR, LLC 172 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the Florida Buy RFP No. 21-15, and awarded agreement with Contractor (Contract Number 22-172), which are specifically incorporated herein and made a part hereof as Attachment `B," as well as Contractor's Proposal, attached and incorporated herein as Attachment "A" (hereinafter referred to collectively as "Contract Documents"). In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement Between the City of Sunny Isles Beach and Fabricon Modular, LLC — Contract No. 2024-8836. B. Second, the terms and conditions of Florida Buy RFP No. 21-15, and Contract Number 22-172. C. Third, Contractor's Proposal, appended as Attachment "A." 3. SERVICES. Contractor shall provide the Equipment and Services to the City pursuant to the terms and conditions set forth in the Contract Documents, to specifically include, but not limited to, supplying, installing, and constructing a modular and pre-engineered building at 18070 Collins Avenue, as more particularly described in Attachment "A." A. Order and Delivery. Contractor will deliver the Equipment to a delivery location identified by the City. It is understood and agreed that Contractor, in reliance on the promises of City, contained herein, is specially ordering the Equipment described in Attachment "A" from the manufacturer, based on information supplied to Contractor by City. In so ordering this Equipment, City understands that the Equipment may not be standard, readily resalable product, and that Contractor is incurring extraordinary costs and expenses in ordering this Equipment from the manufacturer. Upon delivery, City shall inspect and accept the Equipment. The Equipment is deemed finally accepted at the time of delivery to the delivery location, unless City notifies Contractor of a defect or deficiency with the Equipment in writing by electronic mail, and by regular mail addressed to Contractor's address provided in Section 16 of this Agreement within forty-eight (48) hours after Contractor 's delivery of the Equipment to the delivery location. B. City's Site. City shall choose a firm level site, accessible by truck, to locate the Equipment. City shall own such site and/or have express legal authorization to locate the Equipment upon that same site. If City fails to provide such a site, then Contractor shall pay for any resulting additional delivery and installation charges, including but not limited to, storage related charges attributable to delayed delivery and/or installation of the Equipment required and/or requested by City. C. Title. The Parties expressly agree that title to the Equipment shall pass from Contractor to City only after City has paid Contractor the total purchase price of the Equipment, as indicated in Attachment "A." City grants to Contractor a security interest in the Equipment until such time as Contractor has received the total purchase price for the Equipment. Documents of title, if any, as available to Contractor, related to the Equipment will be provided to City thirty (30) business days after the total purchase price has been paid by City to Contractor. All licenses, title and/or permits required FABRICON MODULAR, LLC a 173 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax and/or desired by City and any costs affiliated with them are the responsibility of City and shall be obtained at City's sole expense. D. Risk of Loss. Upon Contractor's delivery of the Equipment to City at the delivery location, all risk of loss or damage to the Equipment passes from Contractor to City. 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 and subcontractors to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence upon full execution of the Agreement and shall expire twenty (20) business days after the City's issuance of a Notice to Proceed (NTP) by City, unless additional time is requested by Contractor, and approved by the City Manager. The terms of Sections 14 and 21 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. Any and all terms with respect to warranties, including Sections 9 and 10 herein entitled "Warranty of Services" and "Defective Work," respectively, and those specifically provided for in the Contract Documents shall also survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement the City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed Two Hundred Seven Thousand Seven Hundred Fifty -Five Dollars and Ninety Cents ($207,755.90), which includes a ten percent (10%) contingency amount of Eighteen Thousand Eight Hundred Eighty -Six Dollars and Ninety Cents ($18,886.90). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the following: A. Disbursements. There are no reimbursable expenses associated with this contract. 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 Attachment "A," and allocated based upon the following milestone schedule: Delivery of modular structures (90%) .......................... $169,982.10 Final Installation(101/6)...........................................$ 18,886.90 Contingency, if necessary(10%).................................$ 18,886.90 FABRICON MODULAR, LLC s 174 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own 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 Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees, as indicated below: A. Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, FABRICON MODULAR, LLC a 175 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate. B. Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. C. Business Automobile Liability which shall include coverage for all owned, non - owned and hired vehicles for minimum limits of a combined single limit of not less than One Million Dollars ($1,000,000) per accident. D. Umbrella Liability policy of not less than Three Million Dollars ($3,000,000) per occurrence. 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. 8. PUBLIC CONSTRUCTION BOND. Contractor shall furnish a public construction bond to the City in an amount not less than one hundred percent (100%) of the contract price. The bond furnished by the Contractor shall incorporate by reference the terms of the Agreement as fully as though they were set forth verbatim in such bonds. In the event the contract price is adjusted by change order executed by the Contractor, the penal sum of the bond shall be deemed increased by like amount. The bond furnished by the Contractor shall be in form required by the City and in conformity with Section 255,05, Florida Statutes, shall be recorded in the Public Records of Miami -Dade County before construction commences, and shall be executed by a surety, or sureties, reasonably suitable to the City. WARRANTY OF SERVICES. 9.1 Contractor hereby warrants to City that, at the time of delivery of the Equipment to City, Contractor has good and marketable title to the Equipment, free and clear of all liens and encumbrances arising by or through the Contractor. Contractor warrants to City that the Equipment furnished by Contractor hereunder will be of FABRICON MODULAR, LLC s 176 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax good quality and new (factory built) and free from defects for a period of one (1) year from the date set forth in the signed Certificate of Substantial Completion and Beneficial Occupancy. Further, upon City's payment of the total purchase price to Contractor, Contractor shall assign to City all assignable manufacturers' warranties, which shall be subject to the specific manufacturer's warranty provisions and time period. During the warranty period, Contractor shall repair or replace or have repaired or replaced all defective parts of the Equipment which are covered under Contractor's warranty, (excluding maintenance items such as HVAC filters, fire extinguishers, fuses/breakers, and light bulbs). Contractor's warranty excludes repairs for damages or defects caused by ordinary wear and tear, abuse, work and/or modifications not executed by Contractor, City's alteration of the Equipment, improper or insufficient maintenance of the Equipment, improper operation of the Equipment, unreasonable and/or excessive use of the Equipment, and/or use of the Equipment for a purpose for which it was not intended or other misuse. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, CONTRACTOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USAGE OF TRADE. 9.2 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. 9.3 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. 10. DEFECTIVE WORK. 10.1 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. FABRICON MODULAR, LLC 6 177 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 10.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. 10.3 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. 10.4 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. 10.5 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. 11. 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. FABRICON MODULAR, LLC 7 178 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph I IA(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. 12. LI_QUIDATED DAMAGES. Failure to complete all the work within the time specified above, including any extension granted in writing by the City, shall obligate the Contractor to pay the City, as liquidated damages and not as a penalty, a minimum amount equal to One Thousand Dollars ($1000.00) for each calendar day of delay in the completion of all the Services. If any liquidated damages are unpaid by the Contractor, the City shall be entitled to deduct these unpaid liquidated damages from the monies due the Contractor. 13. 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 shall terminate 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 from violating such provisions. 14. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement, including any subcontractors. 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, FABRICON MODULAR, LLC 179 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, subcontractors, 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. 15. 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 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. 16. 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 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: I Stan Morris City Manager City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 smorris(a-,sibfl.net With a copy to: City Attorney City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766 aboileauAmanlaw.com FABRICON MODULAR, LLC 9 180 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If to the Brandon S. Hurd, Manager Contractor: Fabricon Modular, LLC 6000 Philips Highway, Suite 4 Jacksonville, FL 32216 Tel: (800) 541-6584 17. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4tn Floor, Sunny Isles Beach, Florida 33160. 18. 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. 19. 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 FABRICON MODULAR, LLC 10 181 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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, gender, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 20. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 21. 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. 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 FABRICON MODULAR, LLC 11 182 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "C." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does 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 I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "D." 25. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as Attachment "E," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. 26. 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. FABRICON MODULAR, LLC 12 183 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. 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. FABRICON MODULAR, LLC Brandon S. Hurd, Manager STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of August, 2024, by Brandon S. Hurd, as Manager of Fabricon Modular, LLC. (SEAL) Personally Known or Produced Identification Type of Identification Produced: Notary Public, State of Florida (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] FABRICON MODULAR, LLC 13 184 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST: : • : Mauricio Betancur, CMC City Clerk Department Head CITY OF SUNNY ISLES BEACH Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY M. Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney FABRICON MODULAR, LLC 14 185 Fabricon Modular - a BHRS Company 6000 Philips Hwy. Suite 4 Jacksonville, FL 32216 Buyer: 00 -Prepaid City of Sunny Isles Beach 18070 Collins Ave. Sunny Isles Beach, FL 33160 Your Fabricon Representative: Quotation Number: 242007 Matt Pagan Revision: 1 Date: 08/02/2024 Phone: (800) 541-6584 x 702 Email: matt@fabriconmodular.com 13 U Y Contact: Rick Labinsky 18070 Collins Ave. 3rd floor Sunny Isles Beach, FL 33160 Phone: (305) 792-1817 Email: rlabinsky@sibfl.net Delivery Address: 18070 Collins Ave. Sunny Isles Beach, FL 33160 Delivery Date (on or about): 09/02/2024 Portable Classroom w/ RR - 24'x36' (Type II -B 186 HVHZ) 1 $136,214.00 $136,214.00 Procurement and Contracting Requirements (FL Buy 22-172) 1 $0.00 $0.00 Delivery -12' Wide 2 $2,698.00 $5,396.00 Delivery - Fuel Surcharge 1 $952.00 $952.00 Permit Drawings, Foundation Plan 1 $1,850.00 $1,850.00 Block, Level - Standard Classroom 1 $9,013.00 $9,013.00 Anchor - Asphalt 24 $53.00 $1,272.00 Skirting - Cementitious (M) 120 $16.00 $1,920.00 Skirting - Cementitious (L) 120 $29.00 $3,480.00 Permit Drawings, Stair/Ramp Plan 1 $1,625.00 $1,625.00 Delivery - Access Ways 1 $1,120.00 $1,120.00 New Alum 36' Switchback Ramp - Sale 1 $15,210.00 $15,210.00 New Alum Stairs/Decking - ADA 1 $3,558.00 $3,558.00 Installation -Access Ways 1 $1,750.00 $1,750.00 General Requirements 1 $5,509.00 $5,509.00 *Total Purchase Price Including Delivery & Installation (if applicable): $188,869.00 Comments: New stock model CL2436W quoted w/ dehumidification and w/o wet bar. (Type II -B Construction) FBC / CRA Approved / 186 MPH HVHZ. **FL Buy State Cooperative Purchasing contract no. 22-172, Modular Buildings** Units are currently available and are first come first serve. Model: CL2436W 1 Optional Additional Services - for your convenience, Fabricon also recommends the following items: BY INITIALING BELOW, BUYER: HEREBY ACKNOWLEDGES AND CONFIRMS THAT IT HAS SELECTED THE INITIALED RECOMMENDED ITEMS TO BE ADDED TO THE AGREEMENT AND ACCEPTS TO PAY THE ADDITIONAL SPECIFIED AMOUNT(S) IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT(S). Quote: 242007 Pagel of 3 Revision:1 186 42-2983-1092, v. 1 Buyer Acceptance: Quotation * ALL PRICES EXCLUDE APPLICABLE TAXES. All Buyers and agreements are subject to credit review. In addition to the stated prices, Buyer shall pay all local, state or provincial, federal and/or personal property tax or fees related to the equipment identified above ("Equipment"), its value or its use. Buyer acknowledges that, upon delivery of the Equipment, any agreements may be updated with the actual serial number(s), delivery date(s), lock serial number(s), etc., if necessary, and Buyer will be supplied a copy of the updated information. Pricing excludes all taxes, licenses, permit fees, utility connection charges, site preparation and permitting, all of which shall be at the sole cost of Buyer, unless otherwise expressly agreed by Fabricon Modular, LLC ("Seller") in writing. Buyer is responsible for locating and marking all underground utilities prior to delivery of the Equipment and compliance with all applicable local, state and federal code requirements unless otherwise expressly agreed by the Seller in writing. Pricing assumes a level site with clear access, and unrestricted access to work areas during normal business hours. Buyer must notify Seller prior to delivery or return of any potentially hazardous conditions or other site conditions that may otherwise effect delivery, installation, dismantling or return of any Equipment. Failure to notify Seller of such conditions will result in additional charges, as applicable. Buyer shall maintain Physical Damage & Commercial Liability insurance coverage for the Equipment on the date of delivery of the Equipment. Seller is not responsible for any changes required by code or building inspectors in connection with the Equipment. Pricing is valid for thirty (30) days from the Quotation's date unless Seller signs this Quotation. Due to current market volatility all prices are subject to change until receipt of firm order and all Buyer required sign -offs and/or approvals are provided to Seller. Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to purchase from Seller, modular Equipment and Additional Services (as such items and terms are further clarified in Seller's New Equipment Sales Agreement ("Sales Agreement" "Agreement"), to be executed contemporaneously with this quotation. A copy of the form of the Sales Agreement is attached. Seller shall not order any Equipment unless and until both Buyer and Seller sign this quotation and Sales Agreement. The quotation and Sales Agreement are collectively referred to as the Agreement. All such physical items purchased by Buyer for purposes of this sale shall be referred to collectively as the "Equipment" By its signature below, Buyer hereby acknowledges that it has read and accepts the Agreement. Buyer should print copies of the Agreement for record keeping purposes. Each party is authorized to accept and rely upon a facsimile signature, digital, or electronic signatures of the other party on this Agreement. Any such signature will be treated as an original signature for all purposes and shall be fully binding. The undersigned represent that they have the express authority of the respective party they represent to enter into and execute this Agreement and bind the respective party thereby. [ ] 11k Paperless Invoicing Option Fabricon Modular prefers electronic invoicing, an efficient, convenient and environmentally friendly process. To avoid fees, provide us with the proper email address for your invoices. A/P Email: A/P Email Contact Name: Standard Mail Option Buyer prefers to receive paper invoice via mail. Fees may apply. Invoices will be mailed to: 18070 Collins Ave., Sunny Isles Beach FL 33160 Enter a new billing address: Quotation Buyer: City of Sunny Isles Beach Seller: Fabricon Modular, LLC Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: PO#: Quote: 242007 42-2983-1092, v. 1 Page 2 of 3 Revision: 1 Buyer Acceptance: 187 36'-d' HIGH SIDE bLUVt No LOW SIDE \-elr-- -- r -2'R. �t NZ tf A 124W-0' MARKER BOARD 12' -0"x4' -D' MARKER BOARD ( 3 SF 1� �VEET MOUNTED AT 24' TO BOTTOM MOUNTED AT 24' TO BOTTOM I:J 7 VIN 15" A N HC 1r r' 8'•0'x4'-0" TACK BOARD MOUNTED AT 24" TO BOTTOM VILIA y w 4 y IF OPTIONAL DOOR IS INSTALLED, THEN WINDOW M I A CLASSROOM MUST BE TEMPERED - - 101 - 708 SIF - CARPETIVCT PANEL A ( L IM ;i \-elr-- -- r -2'R. �t NZ tf A ( 3 SF 1� �VEET I:J 7 VIN 15" *i HC 1r r' 8'•0'x4'-0" TACK BOARD MOUNTED AT 24" TO BOTTOM VILIA y FLOOR PLAN SQUARE FOOTAGE - 834 S -F. OCCUPANCY LOAD = 35 Quote: 242007 Page 3 of 3 Revision:1 188 42-2983-1092, v. 1 Buyer Acceptance: •�- FABRICON MODULAR 08/02/2024 Scope of Work Buyer: City of Sunny Isles Beach Fabricon Representative: Matt Pagan _Project: Building Dept. Staff Offices Model: CL2436W General Requirements Customer (Buyer/Lessee) shall consult with local Authorities Having Jurisdiction (AHJ) for all regulations, licenses, and codes prior to commencement. Architectural: Modular building shop drawings,Provided by Fabricon,Any other drawings, plans, or required testing is provided by Others Engineering: Building (building module(s) envelope/shell),Provided by Fabricon,Any other engineering or required testing is provided by Others Permits: Freight for building module(s) and equipment,Provided by Fabricon,Customer (Buyer/Lessee) is responsible for obtaining and paying for all other permits, fees, and licenses. Project Management & Coordination: All project management and coordination for execution and performance of Fabricon's Work is provided Site Supervision: Part-time site supervision provided during performance of Fabricon' s Work Construction Site Facilities: Customer (Buyer/Lessee) is responsible for construction facilities and temporary servicing Cleaning & Waste Management: All waste management resulting from performance of Fabricon's Work,Final broom sweep clean,Provided by Fabricon Dumpster and Portable Toilet by Others Building Module Installation (Blocking and Leveling) Refer to "Site and Building Pad Preparation" for delineation and Customer (Buyer/Lessee) responsibilities of required work prior to installation of building module(s). All blocking, leveling and anchoring shall be in accordance with the engineered Foundation plan. Finished Floor Elevation (FFE): 35",Above Finished Grade (A.F.G.),per Foundation plan Blocking and Piers: 2-course,Hollow cell CMU,Single stack,without mortar,per Foundation plan Anchoring: Helical auger type,Dirt,per Foundation plan Footings: ABS pads set atop existing grade Hitch: Hitches to be removed from module(s) retained by Owner Tires and Axles: Tires to be removed from module(s),Axles to be removed from module(s),to be retained by Fabricon Skirting and Underpinning: Vented (1:150 SF),HardiBoard,with framing kit,Provided by Fabricon Site and Building Pad Preparation Site Preparation: Customer (Buyer/Lessee) is responsible for all site preparation including, but not limited to: surveying, benchmarking, clearing, excavating, dewatering, grading, locating, compacting, etc. Excavation: Customer (Buyer/Lessee) is responsible for all excavation Quote: 242007 Page 1 of 3 Revision: 1 Approval Initial: 189 •�- FABRICON MODULAR 08/02/2024 Scope of Work Grading: Customer (Buyer/Lessee) is responsible for all grading Compaction: Compaction of pad to 2,500 PSF,Customer (Buyer/Lessee) is responsible for all compaction for required soil bearing capacity of the engineered Foundation plan Site Construction None - No provisions for site development, construction, or exterior improvement of any kind are provided. Customer (Buyer/Lessee) is responsible for all earthwork, improvements, and utilities. Site Construction: Customer (Buyer/Lessee) is responsible for all site construction Utility Final Connections (Building/Equipment) None - No provisions for manifolds, extensions, or final connections are provided. Customer (Buyer/Lessee) is responsible for all final connections to appropriate utility services. Electrical Service: Each module will arrive with one (1) individual sub -panel, and Fabricon will interconnect all modules at mate line(s) Water Service (Potable): Multiple potable water lines extended through floor assembly into crawl space for final connection by Others Sanitary Service: Multiple sanitary lines extended through floor assembly into crawl space for final connection by Others Internet Service (Data and Telecommunications): Customer (Buyer/Lessee) is responsible for all internet servicing and connection requirements Fire Water: Customer (Buyer/Lessee) is responsible for all fire sprinkler piping, distribution and final connection(s) requirements Storm Water Runoff Management: Customer (Buyer/Lessee) is responsible for all stormwater runoff management requirements Building Access Ways Stairs: 35",5 -step, Aluminum, at door,Provided by Fabricon Ramps: 4'x35',Aluminum,with 5'x5' landing at door,with intermediate Ianding,Provided by Fabricon Decks: Excluded,None - No deck(s) provided Elevators & Lifts: Excluded,None - No elvator or lift(s) provided Awnings, Canopies and Weather Protections APPROPRIATE WEATHER PROTECTION OF ALL OPENINGS (DOORS & WINDOWS) IS REQUIRED TO MAINTAIN BUILDING/EQUIPMENT WARRANTY. Awnings: Canopies (Metal Structures): Gutters: Excluded Excluded Customer (Buyer/Lessee) is responsible for all gutters and downspouts Quote: 242007 Page 2 of 3 Revision: 1 Approval Initial: 190 •�- FABRICON MODULAR Building Module Delivery and Staging 08/02/2024 Scope of Work Delays or missed delivery fees may be assessed to Customer (Buyer/Lesse) should Customer's site not be ready for timely delivery of Equipment. Storage fees may be assessed to Customer (Buyer/Lessee) should Equipment delivery be delayed by thirty (30) or more days. Delivery Freight: From point of manufacture to site using standard freight pool,Provided by Fabricon Staging: A temporary, secure staging area located adjacent to the site that provides suitable access to the site for the module size(s),Provided by Customer (Buyer/Lessee) Placement: Placement of module(s) to be accomplished by translift Scope Clarifications • Customer (Buyer/Lessee) may require, request, or direct Fabricon to make changes to the Scope of Work. Fabricon shall be subject to equitable adjustment for all changes. • Fabricon will use its best skill, care and experience to determine installation requirements. • Any changes in this Scope of Work shall be in writing by written Change Order prior to commencement. • Quotation is provided per Fabricon Specifications and this Scope of Work only. • "Substantial Completion" is defined by Fabricon when it has significantly completed all work to be performed by Fabricon in accordance with the plans and Specifications. • Fabricon may choose to site install certain items and finishes to ensure its quality standards are met. Sequencing of those items is left to the discretion and decision of Fabricon's Project Manager. • Until Fabricon has achieved written Substantial Completion no other trades or concurrent work may commence unless explicitly approved by Fabricon's Project Manager in writing. Quote: 242007 Page 3 of 3 Revision: 1 Approval Initial: 191 O� SJ ANY_,S(f�B CONTRACTOR ANTI -BOYCOTT CERTIFICATION yF 9D�•FLO��O `'W Cfrr Of SUM 'MC [PURSUANT TO FLORIDA STATUTE § 215.135] on behalf of , Print Name Company Name certifies that Company Name 1. Participate in a boycott of Israel; and does not: 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. Signature Title Date 192 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. Company Name Offeror Signature Print Name Federal Employer Identification Number (FEIN) Date Title Sworn to and subscribed before me on this this day of 2023. By ❑ Is personally known to me ❑ Has produced identification (type of identification produced: ) Signature of Notary Public Print or Stamp of Notary Public Expiration Date 193 OSUNNY IS(�SB � z F U S w ti r yF perFLOC\� y4. C'rr OF sUN p�C Affidavit of Compliance with Anti -Human Trafficking Laws City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking). 2 Date: Entity: The undersigned is authorized to execute this affidavit on behalf of Entity. STATE OF COUNTY OF 20_ Signed: Name: Title: The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of 20 by as for , who is personally known to me or who has produced as identification. Notary Public Signature: Print Name: State of Florida at Large (Seal) My commission expires: 194 FLO Or 5-4A City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Rick Labinsky, P.E., City Engineer DATE: August 15, 2024 RE: Approval of a Contract with Fabricon Modular, LLC. for the Installation of a Modular Office Building for Use by the Building Department for Additional Staffing RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach wishes to purchase and install a new 24' x 36' pre-engineered modular office building (Modular) for use by the Building Department for relocation of the city inspection division from the 3rd floor workstations and allow for the placement of additional staffing in their place. The new modular offices will be repurposed once the new building department renovation at the city annex is completed. The cost of the Modular will be $188,869.00. Staff is also requesting a contingency in the amount of $41,131.00 to be used if needed, for a total amount not to exceed $230,000.00. The Modular be purchased issuing the the Florida Panhandle Area Educational Consortium, as a Purchasing Agency for the Florida Buy State Cooperative Purchasing Program. As of August 2024, these units are available on a first come first serve basis. ADDITIONAL INFORMATION: Copies of the complete contract documents are on file with the Office of the City Clerk and are available upon request. FUNDING SOURCE: Funds have been appropriated in Account No. 140-4-S150-463000-00000. Item Number: 10.E 167