Loading...
HomeMy WebLinkAboutReso 2026-4015RESOLUTION NO. 2026 - .441PI57 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH J&J, INC., D/B/A EAGLE PAINTING, FORAS-NEEDED CITYWIDE PAINTING AND PRESSURE CLEANING SERVICES, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS AND NO CENTS ($200,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") is in need of contractor to provide as - needed citywide painting and pressure cleaning services (the "Services") WHEREAS, the City of Sunrise, Florida, issued Invitation to Bid No. 23-04-12-CM, titled "Miscellaneous Painting and Pressure Cleaning Services" (the "ITB") and entered into an Agreement with J&J Inc., d/b/a Eagle Painting (the "Contractor"); and WHEREAS, the Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the Contractor is willing and able to provide the desired Services utilizing the same terms, conditions, and pricing under the ITB issued by City of Sunrise; and WHEREAS, pursuant to Section 62-13(C) of the City's Code of Ordinances, purchases made under state, county or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures; and WHEREAS, the City Commission wishes to approve an Agreement with the Contractor to provide the desired Services, in an amount not to exceed Two Hundred Thousand Dollars and No Cent ($200,000.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with the Contractor to provide the desired Services, in an amount not to exceed Two Hundred Thousand Dollars and No Cent ($200,000.00), attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. @BCL@1C17F368 Page 1 of 2 321 f o"t A-f ESQ: r Ma PASSED AND ADOPTED this 161h day of April, 2026. Larisa Svechin, Mayor "r Betancur, CIVIC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: AI in E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: �p�((j-�I1®�JOs�- Seconded by: Vote: Mayor Svechin v (Yes) —7� (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant :(Yes) (No) @BCL@1C17F368 Page 2 of 2 322 oSNN r !si`J AGREEMENT BETWEEN THE CITY OF SUNNY ISLES R;a BEACH AND J&J, INC., d/b/a EAGLE PAINTING CONTRACT NO.2026-6901-3 AN CONTRACTUAL AGREEMENT (hereinafter "Agreement") is made this LIAA- day 026, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter "City"), and J&J, INC, d/b/a EAGLE PAINTING, a Florida corporation, whose Federal Employer Identification (FEI) No. is 65-0373290 (hereinafter "Contractor"). RECITALS WHEREAS, the City is in need of a contractor for as -needed painting and pressure cleaning services citywide (hereinafter "Services" or "Work"); and WHEREAS, the City of Sunrise issued Invitation to Bid ("ITB") No. 23-04-12-CM, entitled "Miscellaneous Painting and Pressure Cleaning Services" and entered into an Agreement with Contractor for an initial two (2) year period terminating May 2, 2025, with the option to renew for three (3) additional one-year terms, which option has been exercised through May 2, 2027; and WHEREAS, pursuant to Section 62-13(C) of the City's Code of Ordinances, purchases made under state, county or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures; and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the City desires to enter into an agreement with Contractor, using the City of Sunrise's bid and pricing information, to provide the Services, subject to the terms and conditions contained herein; and WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the desired Services for an amount not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00); NOW THEREFORE, in consideration of the promises and the mutual covenants set forth herein, the parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the ITB No. 23-04-12-CM, entitled "Miscellaneous Painting and Pressure Cleaning Services," and the awarded Agreement, which are specifically incorporated herein and made a part hereof 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: J&J, INC., DB/A EAGLE PAINTING City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax A. First, this Agreement Between the City of Sunny Isles Beach and J&J, Inc., d/b/a Eagle Painting — Contract No. 2026-6901-3. B. Second, the terms and conditions of ITB No. 23-04-12-CM, entitled "Miscellaneous Painting and Pressure Cleaning Services," and of the awarded Agreement, appended collectively as Attachment "A." 3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in the Contract Documents. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this 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 the execution of this Agreement by all Parties and shall terminate on May 2, 2027. The terms of Section 15, entitled "Indemnification and Waiver of Liability," Section 22, entitled "Compliance with Law," Section 11, entitled "Warranty of Services," and Section 12, entitled "Defective Work," and those specifically provided for in the Contract Documents, shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for Services performed under this Agreement an amount not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents, under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. B. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices following each monthly period within 30 (thirty) days of receipt, for completed Services, unless the City notifies the Contractor in writing of the dispute, before the payment is due. 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 J&J, INC., DB/A EAGLE PAINTING City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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. 8. 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, asindicated below: A. Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage, liability J&J, INC., DB/A EAGLE PAINTING City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 or Excess Liability policy of not less than Five Million Dollars ($5,000,000) per occurrence. Umbrella or Excess Policy must be follow -form coverage over the Commercial General Liability, Automobile Liability, and Employers' Liability policies. Waiver of Subrogation. Contractor agrees by entering into this Agreement to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre -loss basis. 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 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. 9. ACCIDENT PREVENTION AND BARRICADES. Contractor shall comply with City, State and Federal regulations and permit requirements for the placement of the proper Traffic Control Devices. Barricades, cones, construction fencing, temporary construction fencing per City regulations and other relevant requirements, shall be provided by the Contractor when work is performed in areas traversed by persons, vehicular traffic, or when deemed necessary by the City Project Manager(s), at no extra cost to the City. Precautions must be exercised at all times for the protection of persons and property. All services performed under this contract shall conform to all relevant regulations as prescribed in the current edition of the Manual of Uniform Traffic Control J&J, INC., D/B/A EAGLE PAINTING City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Devices (NWTCD), the Florida Department of Transportation's Design Standards (DS) and OSHA during the course of such effort. Where requirements vary or conflict, the more stringent shall apply. Any fines levied by the above -mentioned authorities for failure to comply with these requirements shall be borne solely by the Contractor. 10. SAFETY MEASURES. Contractor shall take all necessary precautions for the safety of pedestrians and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Contractor to follow all OSHA Safety Standards. Danger signs warning against hazards created by his/ her operation and work in progress must be posted. All employees of the Contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/ or vehicles are in close proximity and work shall cease until it is safe to proceed. 11. WARRANTY OF SERVICES. A. The Contractor shall warrant the Work and 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. B. 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. C. Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. 12. 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 J&J, INC., DB/A EAGLE PAINTING City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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. 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. 13. 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 parry to cure such failure. If Contractor J&J, INC., DB/A EAGLE PAINTING City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(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. 14. 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. 15. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, Contractor shall at all times hereafter indemnify, hold harmless, and at the City's option defend or pay for an attorney selected by the City to defend, City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of 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. J&J, INC., DB/A EAGLE PAINTING City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 16. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, Contractor AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 17. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either parry 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 parry as follows: If to the City: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorris sibfl.net aboileau n nlaw.com If to the Janet Field, Director Contractor: 10062 N.W. 50th Street Sunrise, Florida 33351 Tel: (954) 746-7300 Janet ea le aintin fla.com 18. , PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: J&J, INC., DB/A EAGLE PAINTING City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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, 4cn Floor, Sunny Isles Beach, Florida 33160. 19. 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. 20. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. J&J, INC., DB/A EAGLE PAINTING 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 21. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code of Ordinances of the City of Sunny Isles Beach, as amended, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 22. 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. 23. 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" or `B." 24. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment `B." 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 J&J, INC., DB/A EAGLE PAINTING 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 25. 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 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, Contractor is required to verify employee eligibility using the E-Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor 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 Contractor must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Exhibit "C." 26. 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 "D," 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. 27. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements, and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. J&J, INC., DB/A EAGLE PAINTING 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. J&J, INC., d/b/a EAGLE PAINTING By: 3- Janet Field, Vice President STATE OF FLORIDA: COUNTY OF /bkA The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this day of April 2026, by Janet Field, as Director & Authorized Agent of , J&J, Inc., d/b/a Eagle Painting. .s• (SE L Notary P blic, State of Florida PµVCV�� Mark Russell (Signature of Notary Public) Commission # HH 278586 of Commission Expires 06-21-2026 oeF�oQ Bonded Through - Cynanotary Florida -Notary Public (Pri , Type, or Stamp , Commissioned Name of Notary V. } t i Public) Per$onalry IwWri or Produced Identification _ ype of Idenfifiediion Produced: CITY OF SUNNY ISLES BEACH BY: ! BY: a Mau icio Be ancur Stan Morris, City Manager CMC City Clerk . APPROVED, AS TO FORM ° AND LEGAL SUFFICIENCY BY: ' BY: AnE. Department Head oileau, for Nabors, Giblin & Nickerson, P.A., City Attorney r " .a J&J, INC., D/B/A EAGLE PAINTING City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A J&J, INC., DB/A EAGLE PAINTING 13 Ni.- FINANCE & ADMINISTRATIVE SERVICES CITY OF Purchasing Office l' Phone: 954-572-2274 SLNRISE Fax: 954-57a-4809 F L O R I D A February 19, 2026 Sent Via Email address: janet@eaglepaintingfla.com Janet Field, Vice President J & J, Inc. d/b/a Eagle Painting 10062 NW Wh Street Sunrise, FL 33351 Re: Second Renewal — BID 23-04-12-CM / Miscellaneous Painting and Pressure Cleaning Services Dear Ms. Field: The above referenced Contract shall expire on May 2, 2026. Pursuant to the terms and conditions of the Bid, the City reserves the right to renew the Contract for two (2) additional one (1) year periods providing all terms and conditions remain the same. The City wishes to exercise the second renewal option for the period of May 3, 2026 through May 2, 2027. The prices shall be firm in accordance with vour bid: Item No. Annual Estimated Hours DESCRIPTION HOURLY RATE EXTENDED TOTAL 1. 6,000 Hrs. PAINTING, PATCHING & CAULKING SERVICES $19.00 $114,000 Labor for painting, patching, caulking, sealing and weatherproofing services at various sites Citywide, as needed 2. 1,000 Hrs. PRESSURE CLEANING $19.00 $19,000 Labor for pressure washing services at various sites, Citywide as needed Please sign, date, and return this acknowledgment of renewal along with a current Certificate of Insurance listing the City of Sunrise as an additional insured on the Commercial General Liability (see attached BID for reference) and email to: Ivanella ansunrisefl.4ov. If I can be of further assistance, please do not hesitate to contact me (954) 572-2320. Sincerely, Lorraine Vanella, MBA Contracts Administrator We hereby acknowledge that the above contract is renewed for one year. 2124F1Vo Authorized Signature: Date: Printed Name: 70 West Oakland Parkou evar , Sunrise, FL 33351 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment B J&J, INC., DB/A EAGLE PAINTING 14 u �t--..,•1 x _ CONTRACTOR ANTI -BOYCOTT CERTIFICATION tl� FLtlP` tli' C.PP tlF cUN �� [PURSUANT TO FLORIDA STATUTE § 287.1351 -FI. J C)on behalf of FC1Cijq,;Pukf)1L4q, Print Name Ceinpany Name v F certifies that E (Q I-L P CUJI + r does not: Company Name 1. Participate in a boycott of Israel; and e 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. 0 Signature v� Title 51131 zc,e Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment C J&J, INC., DB/A EAGLE PAINTING 15 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 (ht—tPs://Www.e-verifv.gov/emr)lovers/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. ct- G Company N< �L n- L-t-Q-,A9 Offeror Signature Print Name (a5-03-7 SF -Go Federal Employer Identification Number (FEIN) 5 I i / 2- Date —VP Title � Sworn to and subscribed before me on this this day of �2026. By�/-� Is personally known to me I❑ Has produced identification (type of ide tification produced: -Sigenatdre of Notary Public ��wYP�a -- I Mark Russell o Commission # HH 278585 N a Commission Expires 06-21.2026 8rnded Throunh - Cynanotary OFFV� Flcrl:ia • r ,!ery public Firiht or Stamp ot Notary Public Expiration Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment D J&J, INC., DB/A EAGLE PAINTING 16 O� SVpNY IS(F�9 ti w 70 C'rr OF SUN FNO Affidavit of Compliance with Anti -Human Traffickina Laws e. 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. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: FJ i 20L-Lp Signed:�-Lc_�_�+Q Entity: CA s4 }PCAAYs+tad Name: , 0J114 Is. Ft-e�PQ Title: Y r STATE OF 1 �� COUNTY OF ►2p�,/A21J The foregoing instrument was acknowledged before me, byMAY ns ohysical presence or ❑ 1 online notarization, this / 3day of20 by as 1/ for ��Au�ri•vLs , who is personally known to me or who has produced k,,,ay-yj I JA" JKJr as identification. Notary Public Signature: Print Name: A / c�aYQ�a Mark Russell o Commission278585 N a Commission Expires 06-21-2 06 y �o Bonded Through - Cynanotary �oFFv° Florida - Notary Public g State of Florida at Large (Seal) - My commission expires: c,rr of sue+''�a 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: Genesis Cuevas, Procurement Director Fabricio Volpi, Public Works Director Colin Summers, Cultural & Community Services Director DATE: April 16, 2026 RE: Approval of an Agreement with J&J I nc., d/b/a Eagle Painting, for As -Needed Citywde Painting and Pressure Cleaning Services RECOMMENDATION: Staff presents this item for Commission approval. REASONS: The Public Works and Cultural and Community Services departments require miscellaneous painting and pressure cleaning services. The City of Sunrise awarded Contract No. 23-04-12-CM to Eagle Painting, with a contract term extending through May 2, 2027. The City is recommending awarding a Blanket Purchase Order (BPO) in the amount of $200,000 through May 2, 2027. The estimated annual expenditure under this contract is dependent on service usage and subject to available budget appropriations. ADDITIONAL INFORMATION: Why Action is Necessary: Item Number: 9.G 319 Pursuant to Chapter 62, Section 62-13 Exception to Bid Requirements, (C) Bids and Contracts from Other entities, and Section 62-7, the City Manager is authorized to procure all supplies, materials, equipment, and services from other governmental units, when the best interests of the City would be served subject to the requirement that any purchase in excess of $50,000 requires City Commission approval. Establishing the Blanket Purchase Order, for projected and budgeted projects for this fiscal year, with an eligible vendor that is properly procured, will save significant staff time and expedite the completion of the work when needed. Copies of the complete contract file, including all exhibits and attachments, are on files with the Office of the City Clerk and are available upon request. FUNDING SOURCE: Funds have been appropriated in various R&M Bldg. Accounts. ATTACHMENTS: Resolution Agreement - Eagle Painting Item Number: 9.G 320