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HomeMy WebLinkAboutReso 2001-376 RESOLUTION NO. 2001- 317 to A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND HAMR ENTERPRISES, INC., FOR THE RENOVATIONS OF CITY HALL, IN THE AMOUNT OF $15,631.73, ATTACHED HERETO AS EXHIBIT "A"; FURTHER APPROVING AN AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND NICOLELLA PAINTING & DECORATING, IN AN AMOUNT OF $2,650, ATTACHED HERETO AS EXHIBIT "B"; PROVIDING THE CITY MANAGER THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE AGREEMENTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Smmy Isles Beach desires to renovate its City Hall located at 17070 Collins Avenue, Suite 250; and WHEREAS, the City Manager and City Department Directors discussed creating a floor plan to provide an improved look in City Hall's reception area and public hallways, and to provide more storage, and reconfigure the workspace; and WHEREAS, the City of Sunny Isles Beach solicited bids from vendors pursuant to its competitive bids procedures, and wishes to enter into a contract with each of the following companies: HAMR Enterprises, Inc., in an amount of $15,631.73; and Nicolella Painting & Decorating, in an amount of $2,650. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreements. The Agreements between the City of Sunny Isles Beach and the following companies: HAMR Enterprises, Inc., in the Amount of $15,631.73, attached hereto as Exhibit "A", to tile the reception area, public hallways and kitchen; and with Nicolella Painting & Decorating, in an amount of $2,650, attached hereto as Exhibit "B", to paint the interior, are hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said Agreements and do all things necessary to effectuate the tem1S of said Agreements. Section 3. adoption. Effective Date. This Resolution shall become effective immediately upon /' PASSED AND ADOPTED this 20th day of Se R2001- Cily Hall Rel/omliol/ ATTEST: ~~~~,~~~~~ Richard Brown-Marilla, City Clerk' ' APPROVED AS TO FORM AND LEGAL SUFFICIENCY c::' . VOTE: ~-~ Mayor Samson Vice Mayor Kauffman Commissioner Edelcup Commissioner Goodman Commissioner Iglesias R2001- Cily Hall Rel/o\'{/liol/ V(Y es) V (Yes) v'(Y es) l/(Y es) \./(Y es) Moved by: \//C:r_ \11A'11[)1~ ~A-Lff-t--lIf'f.3A! Second by: COYYWY\\ S:~'1 0 iDE e ~IG, LE St ~s: _(No) (No) _(No) _(No) _(No) 2 To: From: Date: Re: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I 13 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City COli/mission David Samson, I~[ayor Lila Kauffman, Vice Mayor Norman S. Edelcup, Commissiol/er Gerry Goodman, Commissioner David Iglesias, Commissioner Christopher J. Russo, Cily Mal/ager Lynn M. Dannheisser, Cily Allorney Richard Brown-Morilla, Cil)' Clerk MEMORANDUM Mayor and City Commission Alyce L. Hanson, Director; Administrative Services Director James E. Watts, Director; Public Works Department September 20, 2001 Approval for City Hall Renovation Projects RECOMMENDA TION: It is recommended that the City Commission approve plans for the renovation of city hall. Through a bidding process under City Ordinance #2000-101, Article 4, the companies chosen for individual projects are as follows: · Tiling the Reception Area, Public Hallways and Kitchen HAMR Enterprises, Inc.; 8998 NW 105 Way; Medley FL 33176; telephone # (305) 883-0900 with a quote for $15,631.73. · Interior Painting According to a color plan provided by Kobi Karp Architecture/Interior Design Planning, Nicolella Painting & Decorating; P.O. Box 558135; Miami, FL 33255; telephone # (305) 486-1873, for $2,650.00. REASONS: In an effort to upgrade the look of the reception area, reconfigure interior office space, meet risk management requirements for a new secure storage area for office supplies, staff is recommending these changes. ~E."\SE.. 'D Agenda Item 9 tV Date q -"'2.0 - 0 \ I\:Iemorandum September 13,2001 Page 2 ADDITIONAL INFOlUvIATION: The city manager and all department heads had input into creating this floor plan. This plan provides for an improved look in the reception area and public hallways, more storage, and reconfigured workspace. The building department has reviewed the plan for ADA compliance and is ready to issue the required building permits. Funding for these projects is available through our Office Renovation account 519-1-632. Respectfully Submitted, I' . .~! :! \_/1)' '. ) "1 ,., . {.(..~<tL'-./.' ,( .f ..".,- 'I Alyct L. Hanson --"'" I J (I /...,.~JJV'~ II ! .I!;./ \ ) Exhibit "A" CITY OF SUNNY ISLES BEACH TILING SERVICE AGREEMENT THIS AGREEMENT, entered into this ~()-i-l. day of~~ 2001, by and between the CITY OF SUNNY ISLES BEACH (hereinafter refelTed as to "City") and HAMR ENTERPRISES, INC. (hereinafter refelTed to as "Contractor"). WHEREAS, the City is desirous of tiling portions of its City Hall office (Suite 250); and WHEREAS, the City desires to contract with Contractor to provide the services described in Attachment "A", and for the consideration hereinafter named, Contractor covenants and agrees with the City as follows: 1. Services. Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner, to perfonTI the work designated in Attachment "A" attached hereto, which is incorporated herein by reference. The services described in Attachment "A" shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative inspect the Property on a regular basis to ensure all services are being performed in accordance with Attachment "A" and shall rep01i to the City accordingly. Contractor agrees to immediately infonTI the City via telephone and in writing of any problems that could cause damage to Properiy, improvements and persons at the Property. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be perf01med. In the event that the Contractor fails to complete performance pursuant to the terms of this contract and City must underiake the completion of perf01mance 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 failure of perf01mance by Contractor. 2. Additional Services. If the need for additional work or changes under this Agreement is identified by Contractor during the course of performing its obligations hereunder, Contractor shall set f01ih such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. 3. Payment for Vendor's Services. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in Attachment "A". The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, pern1its, overhead or any other expenses or costs unless any such expense or cost is incUlTed 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. 4. Undisclosed Conditions. In the event that undisclosed conditions are discovered during the perfol111ance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30) days written notice to contractor. Upon tel111ination, the City may re-bid the project if the contractor fails to perform under this Agreement due to the undisclosed conditions. Page I of4 Tiling Agreement - Hamr Enterprises 5. Insurance. (a) 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, contractors or employees, as more pariicularly set forth below: General liability insurance, including broad form contractual liability coverage for bodily injury and propeliy damage liability with limits of One Million Dollars ($1,000,000) combined single limit occmTence. Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such f01111S and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is perfonued, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in fOlms and issued by insurance companies acceptable to the City's Risk Management Depariment. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thiliy (30) calendar days prior written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 6. Relation to Parties. It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be perfOlmed hereunder. 7. 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 pelmits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 8. Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injmy, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the perfOlmance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injmy, including death, to any person and destruction of propeliy resulting fi'om the performance or breach by Contractor of its limits in excess of One Million Dollars ($ I ,000,000) for claims arising fi'om a single occunence. Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby inevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. 9. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of Page 2 of4 Tiling Agreement - Hamr Enterprises substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 10. Term. The te1111 of the Contract shall commence upon execution, and shall te1111inate upon completion of work described in Attachment "A". ' The City shall have the right to cancel this Agreement, at any time during the teIm hereof, upon thirty (30) days notice to the Contractor. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence perfOlmance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is on the essence of this Agreement. The teIms of paragraphs 7 and 8 hereof shall survive teImination of this Agreement. 11. Notices. All notices and other communications required or peImitted to be given under this Agreement by either pmiy to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by ceIiified or registered mail, first class postage prepaid, retum receipt requested, (ii) by guaranteed ovemight delivery by a nationally recognized comier service, or (iii) by facsimile with confilmation receipt (with a copy simultaneously sent by ceIiified or registered mail, first class postage prepaid, retum receipt requested or by ovemight delivery by traditionally recognized courier service), addressed to such party as follows: if to the City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor for notices is Bruce Hutson, Vice President, 8998 N.W. 105111 Way, Medley, Florida, 33176, (305) 883-0900 phone and (305) 883-2270 fax. 12. Governin2: Law. The validity of this Agreement and the interpretation and perf01111ance of all of its teIms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 13. Remedies for Breach. Should Contractor fail to perform, City shall notify Contractor in writing of such failure to perfOlm and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perfom1 then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit comi. If City fails, refuses or is unable to perfOlm any te1111 of this agreement, City shall pay for services rendered as of the date oftelmination. 14. Attorney's Fees. If this matter is placed in the hands of an attomey for collection, or in the event suit or action is instituted to enforce any of the teIms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, together with reasonable attomey's fees for the anticipated cost of collection and judgment enforcement. 15. Miscellaneous.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. This Agreement may be executed in multiple identical Page 3 of4 Tiling Agrcelllellt - Hamr Ente'l)rises counterpal1s, each of which shall be deemed an original for all purposes. 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 understanding relating hereto. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parting granting such waiver. 16. Conflicting Provisions: The telms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESSES: HAMR ENTERPRISES, INC.: kJd;u iih~ (i7/ c; (,{jiJI;- ./ ATTEST: CITY OF SUNNY ISLES BEACH ~~_~,)~n<<t~atLv.- BYv$~~ Richard Brown-l'vIcrill:'~ () Christopher J. Russo, City Manager BY: (}/D\-----~ ./ Bruce Hutson, President APPROVED AS TO FORM AND LEGAL SUF ICIENCY ~ City of SUIlIlY Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Page 4 of 4 Tiling Agreement - Ham!" Entell)!"ises ATTACHMENT "A" HAMR ENTERPRISES,INe 8998 NW 105 WAY :MEDLEY, FLORIDA 33176 Tel:(305)883-0900, Fax:(305)883-2270 Estimate DATE ESTIMATE NO. ~,) I"..... \,- _ VV(.,' k,r/ .' 6/14/'01 1064 NAME/ADDRESS KOBIKARP ISUNNYILES JOB SITE: SUNNY ISLES CITY HALL 10770 COLLINS AVE. MIAMI BEACH,FLA.,33160 ATTN.: ALYCE HANSON P.O. NO. PROJECT ITEM DESCRIPTION QTY RATE TOTAL CARPET CARPET REMOV AL/DISPOSAL 1 360.00 360.00 CARPET TRIMlTUCK/RAMP TRANSITIONS 1 200.00 200.00 (CARPET/TILE) TILE INSTALL (INe LEVEL/FLOAT) 2381 SF CER TILE 2,3 81 2.50 5,952.50 TILE SUPPLyeER. TILE 18X18 NASSAU BEIGE 2,3 81 1.93 4,595.33 TILE PROTECTO WRAP FILM 2,381 1.90 4,523.90' FLA TAX 6.50% 0.00 CHANGES TO QUOTE 1 059 ' Total $15,631.73 Exhibit "B" CITY OF SUNNY ISLES BEACH PAINTING SERVICE AGREEMENT o~ SUrl THIS AGREEMENT, entered into this ?.OJ..h. day of S.Q.pto~ 2001, by and between the CITY OF SUNNY ISLES BEACH (hereinafter refened as to "City") and NICOLELLA PAINTING AND DECORATING (hereinafter refened to as "Contractor"). WHEREAS, the City is desirous of painting the interior City Hall office space (Suite 250); and WHEREAS, the City desires to contract with Contractor to provide the services described in Attachment "A", and for the consideration hereinafter named, Contractor covenants and agrees with the City as follows: 1. Services. Contractor agrees to fumish all labor and materials in a good and workmanlike and professional manner, to perfOlID the work designated in Attachment "A" attached hereto, which is incorporated herein by reference. The services described in Attachment "A" shall be perfol1ned by Contractor to the full satisfaction of the City. 'Contractor agrees to have a qualified representative inspect the Property on a regular basis to ensure all services are being performed in accordance with Attachment "A" and shall report to the City accordingly. Contractor agrees to immediately infol1n the City via telephone and in writing of any problems that could cause damage to Property, improvements and persons at the Property. 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 perfom1ance pursuant to the te1111S of this contract and City must undertake the completion of perfol1nance of services, Contractor agrees to indemnify the City for all costs incuned with respect to the completion of those services and any damages the City may suffer as a result of the failure of performance by Contractor. 2. Additional Services. If the need for additional work or changes under this Agreement is identified by Contractor during the course of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. 3. Payment for Vendor's Services. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in Attachment "A". The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incmTed 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. 4. Undisclosed Conditions. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30) days written notice to contractor. Upon tel1nination, the City may re-bid the project if the contractor fails to perform under this Agreement due to the undisclosed conditions. Page 1 of4 Painting Agreement - Nicolella 5. Insurance. (a) Contractor shall, at its sole cost and expense, during the period of any work being perf o 1111 ed 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, contractors or employees, as more particularly set forth below: General liability insurance, including broad fOlm contractual liability coverage for bodily injmy and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occmTence. Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primmy over any insurance, which the City may maintain. Before any work under this Agreement is perfOlmed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in fOlms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and ce11ificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior written notice to the City's Risk Management Depmiment. 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. 6. Relation to Parties. It is understood and agreed that nothing contained in this Agreement shall be deemed to create a pminership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 7. 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 necessmy for the lawful conduct of the activities contemplated under this Agreement. 8. Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising fi.-om the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the perfOlmance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of propeIiy resulting from the perforn1ance or breach by Contractor of its limits in excess of One Million Dollars ($1,000,000) for claims arising from a single occurrence. Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby inevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. 9. Assi2:nment. This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of Page 2 of4 Painting Agreement - Nicolella substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 10. Term. The te1111 of the Contract shall commence upon execution, and shall terminate upon completion of work described in Attachment "A". The City shall have the right to cancel this Agreement, at any time during the teIm hereof, upon thirty (30) days notice to the Contractor. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence perfOlmance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is on the essence of this Agreement. The terms of paragraphs 7 and 8 hereof shall survive teImination of this Agreement. 11. Notices. All notices and other communications required or peImitted 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, retum receipt requested, (ii) by guaranteed ovemight delivery by a nationally recognized courier service, or (iii) by facsimile with confilmation receipt (with a copy simultaneously sent by ceIiified or registered mail, first class postage prepaid, retum receipt requested or by ovemight delivery by traditionally recognized courier service), addressed to such pariy as follows: if to the City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor for notices is Anthony Nicolella, Owner, Nicolella Painting & Decorating, P.O. Box 558135, Miami, Florida, 33255, (305) 667-9773 phone. 12. Governing Law. The validity of this Agreement and the interpretation and perfOlmance of all of its teIms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 13. Remedies for Breach. Should Contractor fail to perfolm, City shall notify Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perfolm then City shall receive a refund equal to the actual cost of a third pariy to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perfOlm any teIm of this agreement, City shall pay for services rendered as of the date of teImination. 14. Attorney's Fees. If this matter is placed in the hands of an attomey for collection, or in the event suit or action is instituted to enforce any of the teIms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, together with reasonable attomey's fees for the anticipated cost of collection and judgment enforcement. 15. Miscellaneous.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 neveIiheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. This Agreement may be executed in multiple identical Page 3 of4 Painting Agreement - Nicolella counterparts, each of which shall be deemed an original for all purposes. 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 understanding relating hereto. Any modification of this Agreement shall be effective only if in writing and signed by the patiies to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the patiing granting such waiver. 16. Conflicting Provisions: The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESSES: NICOLLELLA DECORA TING: PAINTING & ~t~~ ATTEST: CITY OF SUNNY ISLES BEACH ~.~.~~~~~~~,BY. ~~ Richard Brown-Morilla, City Clerk b Christopher 1. Russo, City Manager City of SUIlIlY Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Page 4 of4 Painting Agreement - Nicolella ATTACHMENT "A" & Proposal 'j r'-.-------'..'.' .. . - .--...---. I DATE PROPOSAL # , ! SUBMITTED TO: I CITY OF SUNNY ISLES BEACH '117070 COLLINS AVENUE. SUITE 250 SUNNY ISLES BEACH, FL 33160 I L_ 9/14/01 ISO I ..J c=-. L_ ---,----,,'...-' -- -...,- --'----l ____ PROJ,=:~u_____"___'_'_"-"'-'--'-j' REP AINT COMMON AREAS _._~--"............-,._.._-_.._._.__..__._. .-......- ! DESCRIPTION _M'_______..... -- ----~~~~~.-'-l i \VE HEREBY PROPOSE TO FURNISH MA TERlALS AND LA BOR NECESSARY fOR THE-COMPLETIONOF':-- --- ,.- -, ,. - ,--- ------.., ,"..- ! '" APPl.Y (2) FTNlSH COATS OF EGGSHELL LATEX TO fNTERTOR WALLS AS INDICA TED ON PLANS, (APROX. 4,400 J ,600.00 ! S.F.) " APPLY (1) COAT OF LATEX ENAMEL TO CROWN MOLDINGS. ALSO, BASE BOARDS WHERE HEAVY WEAR HAS 450.00 IOCCURED. . i MA TERlALS 600.00 WALLS.. BENJAMIN MOORE EGGSHELL INTERIOR LATEX TRIM. BENJAMIN MOORE SEMI-GLOSS LATEX ENAMEL ! NOTE: REPAINTING Of DOORS, DOOR FRAMES OR WINDOW FRAMES ARE NOT INCLUDED IN TillS PROPOSAL. I I I r% DEPOSIT UPdN-START OF WORK; BALANCE DUE UPON COMPLETION. L__.- I I I .~_____ , .~_______._...__ _...__.u._,_._~ TOT AL $2,650.00 ' --.". --_.._---~..y'..-.----- .----.. ,--------~ rALL MA 1ERIAL IS GUARANTEED AS SPECIFIED, ANY Ai. ibRA TION OR DEVlATION'F~OM ABOVE- SPECIFic;" TtoNS INVOLV'INC'r.:xiiA:' COSTS I I WILL BE EXECUTED ONLY UPON WRlTTEN ORDERS AND wn.l. BECOME AN EXTRA CHARGE OVER AND ABOVli TI-n:: PROPOSAL. , I N01E: TIllS PROPOSAL MAYBE WlTIID~ BY us IF NOT ACCEPTED WITIIIN 90 DA YS. I i . --' I 1 AUIt-lORIZED SIGNATUI~:::::-:?7~ ~ i ! ACCEPTANCE OF PROPOSAL. TIlE ABOVE PIUCES, SPECIFICATIONS AND CQNJJlTlONS ARE SATISFACTORY AND ARE HERFJJY ACCFPTF.D. I I YOU ARE AUTI-IORllED TO DO TIlE WORK. AS SPECIFIED, PAYMENT WIll BE MADe A!> OU1UNED ABOVE. i ~IONATURE .__.__.___- _____.__. _,________. _" ,______",.._~ P.O. Box 558135 · Miami, Florida 33255. Phone (305) 667-9773 I If"on"on JI. In"",r<>rl . /":f':# Clp.!:::nn?"i7