HomeMy WebLinkAboutReso 2015-2493 RESOLUTION NO. 2015- Ry
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
THE SECOND AMENDMENT TO THE AGREEMENT
WITH ENVIRO WASTE SERVICES GROUP, INC. FOR
STORM ,WATER MANAGEMENT SYSTEM
PREVENTATIVE MAINTENANCE SERVICES, IN AN
AMOUNT NOT TO EXCEED TWO HUNDRED
THOUSAND DOLLARS ($200,000.00); AUTHORIZING THE
MAYOR TO EXECUTE SAID SECOND AMENDMENT TO
THE AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS .NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on April 17, 2014 via Resolution No. 2014-2221, the City Commission
awarded Bid No. 14-02-01 to and entered into an Agreement with Enviro Waste Services Group,
Inc. for Storm Water Management System Preventative Maintenance Services, in an amount not
to exceed Three Hundred Thirty-Seven Thousand Five Hundred Forty-Five Dollars
($337,545.00), with the right to extend the services for four (4).additional one-year renewal
terms; and
WHEREAS, on February 5, 2015 the City approved the First Amendment to the
Agreement with Enviro Waste Services Group, Inc. to include additional services associated with
cleaning all catch basins plus associated pipe and dumping storm sewer, cleaning all manholes
plus associated pipe and dumping sanitary sewer, and cleaning all lift stations and dumping, in an
redistributed amount not to exceed Twenty-Five Thousand Dollars ($25,000.00); and
WHEREAS, the City being satisfied with Enviro Waste Services Group, Inc. wishes to
exercise its first option to renew the Agreement for one (1) year to provide continuing services
for Fiscal Year 2015/2016, in an amount not to exceed Two Hundred Thousand Dollars
($200,000.00); and
WHEREAS, the City wishes to approve the Second Amendment to the Agreement with
Enviro Waste Services Group, Inc. for Storm Water Management System Preventative
Maintenance Services, in an amount not to exceed Two Hundred Thousand Dollars
($200,000.00), attached hereto as Exhibit "A", bringing the total contract to an amount not to
exceed Five Hundred Thirty-Seven Thousand Five Hundred Forty-Five Dollars ($537,545.00).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approving the Second Amendment to the Agreement. The City Commission
hereby approves the Second Amendment to the Agreement with Enviro Waste Services Group,
R2015-Enviro Waste Srvs 2nd Amd To Agmt Storrs eater Page I of 2
Inc. for Storm Water Management System Preventative Maintenance Services, in an amount not
to exceed Two Hundred Thousand Dollars ($200,000.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Second
Amendment to the Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effectiv- on• adoption.
PASSED AND ADOPTED this 19th day of November 2
Geor•- S. Scholl, Mayor
4
. ATTEST:
' ` ,
�1A A �—A.
Jane • . Hines, MMC, City Clerk
2 - t r -
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
AWN. i
AfittrAr
ors Ottinot, ty Attorney
Moved by: NA.C-Q_ lAttliD r G IT°
Seconded by: �j r 0,, GDLL},Ark/
Vote: —0
Mayor Scholl V (Yes) (No)
Vice Mayor Gatto t (Yes) (No)
Commissioner Aelion (Yes) (No)
Commissioner Goldman es) (No)
Commissioner Levin (Yes) (No)
R2015-Enviro Waste Srvs 2nd Amd To Agmt Stormwater Page 2 of 2
V `�• i
33333 SECOND AMENDMENT TO THE AGREEMENT BETWEEN
°,`r's° THE CITY OF SUNNY ISLES BEACH AND
ENVIRO WASTE SERVICES GROUP, INC.
CONTRACT NO. C1516-016
This Second Amendment to the Agreement between the City of Sunny Isles Beach"City")
and ENVIRO ENVIRO WASTE SERVICES GROUP, INC., ("Contractor") executed this 1 day of
t OUP V , 2015, is made a part of the original Agreement ("Agreement") dated April 17,
2014 between the City and Contractor,whose Federal Identification#is_65-0829090_.The City and
Contractor hereby agree as follows:
1. OPTION TO RENEW.- The City hereby wishes to exercise its first option to renew the
Agreement for one (1) year to provide continuing services for the Fiscal Year 2015/2016 in
accordance with Section 3 of the original Agreement, as more particularly described in Attachment
"A",which is attached hereto and incorporated herein by reference.
2. ADDITIONAL COMPENSATION. The payment to Contractor, as set forth in Section 4
of the original Agreement, is hereby amended to include additional compensation in an amount not.
to exceed Two Hundred Thousand Dollars($200,000.00)for Fiscal Year 2015/2016 bringing the total
contract to an amount not to exceed Five Hundred Thirty-Seven Thousand Five Hundred Forty-Five
Dollars($537,545.00).
3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, dated April 17, 2014, shall
remain in full force and effect.
4. CONFLICTING PROVISIONS: The terms, statements, requirements, and provisions
contained in this Second Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent term,statement,requirement or provision contained in any other document'
or attachment,including but not limited to Attachment"A".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNE` ENVIRO WASTE SERVICES GROUP, INC.
Signature W
B „O_ Ai-i
Le, ,m A
C . �O t Otiv,vlo Julio A/Fo;. u irtor
Printame
CITY OF. ISLES BEACH
ATTEST: `
, �� BY:
Geo :.- ". Scholl,Mayor
Jane•A:,Hi 1es,MM , ity Clerk APPROVED .s: TO FORM AND
LEGAL I Fj C•E, CY
- ..•
--%.
BY /I`ll
• -> ' H. Ottinot,City Attorney
•
I t k c h t.M 0 r 1 4 se rvi c ,
y�Nnr rj
te7j.fJ°� FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE C ITY OF SUNNY ISLES BEACH AND
ENVIROWASTE SERVICES GROUP,INC.
.
CONTRACT NO. C1415-027
This First Amendment to the Agreement between the City of Sunny Isles Beach ("City")
and ENVIROWASTE SERVICES GROUP, INC., ("Contractor") executed thisSAday_;of
a `" ' 72.0- 5 is attached hereto as Attachment"B"and made a part of the original
Agreement ("Agreement") April 17, 2014 between the City and Contractor, whose Federal
Identification#is 69S.CIS 2_49,Oel 0 . The City and Contractor hereby agree as follows:
1. ADDITIONAL SERVICES TO BE PERFORMED. Section 2 of the original Agreement
is hereby amended to include add itionalIservzices associated-�with'cleaning all catch basin plus
associated pipe and dumping storm sewer, cleaning all manholes plus associated pipe and dumping
sanitary sewer, and cleaning all lift stations and dumping ("Additional Services"), as set forth in
Contractor's proposal, a copy of which is attached hereto and incorporated herein as Attachment
2. ADDITIONAL COMPENSATION. The payment to Contractor, as set forth in Section 4
of the original Agreement,is hereby amended to include a -eompensation for the Additional)
Services in an amount not to exceed Twenty Five Thousand Dollars($25,000.00) bringing the total
contract in an amount not to exceed Three Hundred Thirty-Seven Thousand Five Hundred Forty-
Five Dollars($337,545.00)
3. OTHER PROM t`as"specifically„modifiedgherreeiinn,
all°terms and.conditions of the original-Agreement°beiwee`n`the parties,dated April 17,2014, shall
remain in-full=force-and effect.- Yc „
4. CONFLICTING PROVISIONS: The terms, statements, requirements, and provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement or provision contained in any other
document or attachment,including but not limited to Attachment"A”or"B".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS: ENVIROWASTE SERVICES GROUP,INC.
Signature
BY: , 4/11111111■,-
Le Wick (1c Ozlv\Vio
ulio A ron,Dire or
Print Name --
CITY OF SUNNY LES BEACH
ATTEST:
t BY:C,
Christopher J.Russo,City Manager
Jane • . • nes,MMC,City Clerk APPROVE' 0 FORM AND
LEG ` ')G : CY
Grp-,
er not,IF ity Attorney
OE 04NY 74,,B
AGREEMENT BETWEEN THE CITY OF SUNNY
ISLES BEACH AND ENVIRO WASTE SERVICES GROUP, INC.
5f io'' fL00.L
CONTRACT NO. C1314-048
THIS AGREEMENT (hereinafter referred to as the "Agreement"), is made in duplicate,
this _ day of April 2014, by and between the CITY OF SUNNY ISLES BEACH,
(hereinafter referred to as ("City"), and ENVIRO WASTE SERVICES GROUP, INC., a
corporation authorized to do business in the State of Florida (hereinafter referred to as
("Contractor"), whose federal tax identification number is 65. 067M 010
RECITALS
WHEREAS, the City is in need of a contractor to provide Stormwat.r Management
System Preventative Maintenance to clean and inspect storm water catch basins, manholes, wells
and line jetting within the city ("Services"), as more particularly described in Invitation to Bid
No. 14-02-01, which is incorporated herein by reference; and
WHEREAS, the Contractor submitted a bid and was deemed the lowest responsible,
responsive bidder in response to Invitation to Bid No. 14-02-01 for the Services, which is
attached hereto and incorporated herein by reference as Attachment "A";
WHEREAS, the Contractor is qualified, willing and able to provide the Services on the
terms and conditions set forth herein; and
WHEREAS, the City desires to enter into this Agreement with Contractor to provide the
Services in a total amount not to exceed Three Hundred Thirty-Seven Thousand Five Hundred
Forty-Five Dollars ($337,545.00).
NOW THEREFORE, in consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement
and made a part hereof for reference.
2. SERVICES. Contractor shall provide the Services as more particularly described in
Attachment "A". The Contractor shall comply with all terms and conditions specified in
Invitation to Bid No. 14-02-01. The Services shall be performed by Contractor to the full
satisfaction of the City. 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.
3. TERM AND RENEWAL TERMS.Subject to the provisions relating to the termination
of this Agreement as set forth in Section 7 below, this Agreement shall commence from the
issuance of a Notice to Proceed from the City Manager or his designee and shall terminate one
ATTACHMENT "A"
D....e 1 ..i
(1) year thereafter. The city reserves the right to extend the Services for four (4) additional one
year renewal terms at the discretion of the City.
4. COMPENSATION. During the term of this Agreement, in whatever capacity rendered,
the City shall pay Contractor for Services performed by Contractor under this Agreement, for a
total amount not to exceed Three Hundred Thirty-Seven Thousand Five Hundred Forty-Five
Dollars ($337,545.00). Payment to Contractor for all charges and tasks under this Agreement
shall be in accordance with this Agreement and the schedule of charges reflected in Contractor's
response to Invitation to Bid No. 14-02-01, and under the following conditions:
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. 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. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
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.
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.
5. 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.
6. 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 coverages to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, or employees, as indicated below:
❑ Comprehensive General Liability Insurance, including broad form
contractual liability coverage for all operations, including, but not limited
to, premises and operation; independent contractors; products and/or
completed operations hazard; broad form property damage; broad form
contractual coverage; and personal injury coverage with minimum limits
of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000.000.00) aggregate.
❑ Worker's Compensation, as required by the State of Florida Employer's
Liability.
❑ Business Automobile Liability which shall include coverage for all owned,
non-owned and hired vehicles for minimum limits of not less than One
Million Dollars ($1,000,000) per occurrence combined single limit for
bodily injury liability and property damage liability, and must include
owned vehicles as well as hired and non-owned vehicles.
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(ies) 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. The City reserves the
right from time to time to change the insurance coverage and limits of liability required to be
maintained by Contractor hereunder. 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.
7. 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.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor (and sub Contractor (s)) shall be
delivered to the City and the City shall compensate the Contractor for all
Services satisfactorily performed prior to the date of termination, as provided
in Paragraph 4 herein.
(ii.) 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(i) and
A(ii) 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.
8. GOVERNING LAW AND'ATTORNEYS FEES. It is agreed that this Agreement
shall be governed by, construed and enforced in accordance with the laws of the State of Florida.
Venue for any legal proceeding shall be in Miami Dade County,Florida. 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.
9. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby
knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in
respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under,
on or in connection with this agreement or any course of conduct, course of dealing, statements
(whether verbal or written) or actions of either of party.
10. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that date upon which
the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
Pa or d of 7
other remedies available to it at law or in equity, to enjoin the Contractor from violating such
provisions.
11. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City: Christopher J. Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Ave., 4th Flr. City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160 18070 Collins Ave., 4th Flr.
Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1702
If to the Contractor : Eduardo J. Barba, President
Enviro Waste Services Group, Inc.
4 SE 1st Street, 2nd Floor
Miami, Florida 33131
Tel: (877) 6379665
Fax: (305) 637-9659
12. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida.
13. AUDIT. The Contractor shall make available to the City or its representative all
required financial records associated with the Agreement for a period of Three (3) years.
14. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will
not discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance. The Contractor will take affirmative action to insure that
all employment practices are free from such discrimination. Such employment practices include
but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the City
setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply
with any Federal regulations issued pursuant to compliance with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the
handicapped in any Federally assisted program.
D...,o:..F7
15. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, and by 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 the Services. The
Contractor further covenants that in the performance of this Agreement, no person having any
such interest shall knowingly are 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.
16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to professional services in the performance of this
Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services
performed by Contractor under this Agreement including any person for whose acts, errors,
mistakes or omissions the Contractor may be legally liable for, including but not limited to
Contractor's employees, agents or representatives. The parties agree that One Hundred Dollars
($100.00) represents specific consideration to the Contractor for the indemnification set forth in
this Agreement.
17. 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.
18. CONFLICTING PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document or events
referred to herein, or any document incorporated herein by reference, and a term, statement,
requirement or provision of this Agreement, the terms and conditions in this Agreement shall
supersede and take priority over any other conflicting provisions that are contained in any other
document, including but not limited to the Contractor's proposal contained in Attachment "A".
19. AVAILABILITY OF FUNDS. This Agreement is executed only to the extent of City
funds approved and appropriated for this specific purpose by the City Commission. This
Agreement shall be subject to the availability and appropriation of funds. 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. Any obligation for payment under this Agreement shall be made solely from
appropriated funds. The City shall have no legal or equitable obligation to approve any funds in
Pa or F of 7
the future and in the event of the City's decision not to approve and appropriate any additional
funds the City shall have no further liability to Contractor.
20. 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. 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.
D. This Agreement, together with the terms and conditions set forth in Invitation to
Bid No. 14-02-01, contain the entire agreement of the parties, and may be amended, waived,
changed, modified, extended or rescinded only by in writing signed by the party against whom
any such amendment,waiver,change, modification, extension and/or rescission is sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first written above.
WI SS: ENVIRO WASTE SERVICES
'� GROUP,INC.
I ij
Si lure BY.
3q,lan,q Eduardo J. Barba, President
Print Name
ATTES' : CITY OF SUNNY ISLES BEACH
BY: —
11GI!'" BY / //l 4r/„ (e-e)- .
Jane • . Hines, MC,City Clerk Forman S. Edelcup, Mayor
'PROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:.'
H.V/ tinot, City Attorney
Page 7 of 7
Item Coversheet Page 1 of 1
�s°",hY\ City of Sunny Isles Beach
ti c y; 18070 Collins Avenue
Sunny Isles Beach,Florida 33160
+., F'o°,E' (305)947-0606 City Hall
''o.s•,iK" (305)949-3113 Fax
MEMORANDUM .
TO: The Honorable Mayor and City Commission
•
VIA: Christopher J. Russo,City Manager
FROM: Elka Linton-Dorsett, Capital Projects Manager
DATE: 11/19/2015
Resolution Approving the Second Amendment to
RE: the Agreement with EnviroWaste Services Group,
Inc. for Stormwater Management System
Preventative Maintenance Services
RECOMMENDATION:
Staff is recommending the City Commission approve this contract
amendment
REASONS:
On-April 17, 2014 via Resolution No. 2014-2221, the City Commission
approved the award of Bid No. 14-02-01 to EnviroWaste Services Group for
various services relating to the maintenance and inspection of the City's
stormwater system which includes a combination of approximately 40
drainage wells, 507 catch basins and 36,400 linear feet of piping. The First
amendment to the EnviroWaste contract allocated $25,000 for emergency
services to pump and clean the system in response to street flooding.
Staff is recommending the City Commission approve this Resolution
authorizing the 2"d Amendment to the Agreement, which is a renewal of
services for the continued stormwater system maintenance during Fiscal Year
2015 - 2016, in an amount not to exceed Two Hundred Thousand Dollars
($200,000.00).
FUNDING SOURCE:
400-5-5380-446005-00000
ATTACHMENTS:
Description
Resolution
Agreement
Item Number:10.D.
http://sunnyisles.novusagenda.coni/AgendaWeb/CoverSheet.aspx?ItemID=1778 11/12/2015