HomeMy WebLinkAboutReso 2007-1089
RESOLUTION NO. 2007- 10'9. q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND/OR HIS/HER DESIGNEE TO ENTER INTO AN
AGREEMENT WITH SUPERIOR PARK SYSTEMS FOR THE
PURCHASE AND INSTALLATION OF A PREFABRICATED
RESTROOM UNIT FOR THE TOWN CENTER PARK,
UTILIZING STATE CONTRACT PRICING, TERMS, AND
CONDITIONS, IN AN AMOUNT NOT TO EXCEED SIXTY-NINE
THOUSAND ONE HUNDRED THIRTY-THREE DOLLARS AND
SEVENTY-FIVE CENTS ($69,133.75), PROVIDED SAID
AGREEMENT IS APPROVED AS TO FORM AND LEGAL
SUFFICIENCY BY THE CITY ATTORNEY; FURTHER
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE TERMS OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach owns the Town Center Park, located at
17200 Collins Avenue; and
WHEREAS, several Sunny Isles Beach residents have asked the City to install public
restroom facilities at the Town Center Park; and
WHEREAS, the addition of a public facilities building would be an improvement that
would enhance the experience of park patrons and allow for much needed space for maintenance
equipment; and
WHEREAS, via Resolution No. 2005-868, the City Commission approved the concept
ofa public facilities building, inclusive of public restrooms, for the Town Center Park; and
WHEREAS, through diligent research staff has found that it is not cost-effective to
design and build a brick and mortar restroom facility at the Town Center Park, as design
estimates to date have exceeded $10,000.00; and
WHEREAS, as such, staff researched the feasibility of installing a customized,
prefabricated restroom unit at the Town Center Park; and
WHEREAS, staff has determined that it is most cost effective to design, build, and
install a customized, prefabricated restroom unit, with one men's room and one women's room,
at the Town Center Park; and
WHEREAS, the City Commission wishes to authorize the City Manager and/or his/her
designee to enter into an agreement with Superior Park Systems for the purchase and installation
of a prefabricated restroom unit for the Town Center Park, utilizing State Contract pricing, terms,
and conditions, in an amount not to exceed Sixty-Nine Thousand One Hundred Thirty-Three
Dollars and Seventy-Five Cents ($69,133.75), provided said agreement is approved as to form
and legal sufficiency by the City Attorney.
R2007- TCP Restroom Purch From Superior Park Systems.Doc
Page I 0(2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Authorization of Citv Manager. The City Manager and/or his/her designee is
authorized to enter into an agreement with Superior Park Systems for the purchase and
installation of a prefabricated restroom unit for the Town Center Park, utilizing State Contract
pricing, terms, and conditions, in an amount not to exceed Sixty-Nine Thousand One Hundred
Thirty-Three Dollars and Seventy-Five Cents ($69,133.75), provided said agreement is approved
as to form and legal sufficiency by the City Attorney.
Section 2. Further Authorization of Citv Manager. The City Manager is hereby authorized
to do all things necessary to effectuate the terms of this Resolution.
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 19'h day of April 2007.
YJJt~}.!~~/1/
Norman S:'Edelcup, Mayor /
ATTEST:
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Jane A. Hines, CMC, City Clerk
)ans tt' ot, City Allorney
Moved by:
Seconded by:
~~~~~~N
Vote: 4 --0 - \
Mayor Norman S. Edelcup
Vice Mayor Lewis Thaler
Commissioner Roslyn Brezin .AJ
Commissioner Gerry Goodman f61?~
Commissioner Danny Iglesias
---.!:::::(Yes)
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_(No)
_(No)
_(No)
_(No)
_(No)
R2007- rep Restroom Purch From Superior Park Systems.Doc
Page 2 of2
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OF SUI'>
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall.
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City A/lorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Rick Conner, Public Works Director
'?uJ~
Priscilla Walker, CMC, Deputy City Clerk
April 23, 2007
Authority to Enter Into Agreement with Superior Park Systems for Restrooms
At its regular meeting of April 19, 2001, the City Commission adopted Resolution No. 2007-
1089, which authorized the City Manager and/or his/her designee to enter into an agreement with
Superior Park Systems for the purchase and installation of a prefabricated restroom unit,
provided said agreement is approved by the City Attorney. Attached is a copy of the approving
resolution to assist you in processing this item with the vendor.
Thank you.
:pw
Attachment
cc: Anice Paul, Administrative Assistant to Finance Director
Restroom Agrffit W-Superior Park Autho Reso Trans Memo
OF SUr<
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinol, City Allorney
Jane A. Hines, City Clerk
MEMORANDUM
TO: The Honorable City Commission
VIA: A. John Szerlag, City Manager
FROM: Jorge Vera, Assistant City Manager/Service
Rick Conner, City Engineer/Public Works Director
DATE: April 19, 2007
RE: Restroom Facilities for Town Center Park
RECOMMENDA TION:
Approve the purchase, under the State Contract, of a prefabricated restroom and storage facility
for Town Center Park in an amount not to exceed $69,133.75, to be paid out of account number
20-5648.
BACKGROUND:
City Staff has received quotes from several architectural firms and it will cost at least $11,000 just
for the design of a brick and mortar restroom and storage facility for Town Center Park. Staff has
made inquiries with other municipalities on this type of project and currently believe that the
lowest price for a custom built unit is over $90,000. Adding in the cost of design, and the fact
that we can specify exactly the building we desire through a prefabrication manufacturer for
approximately $30,000 less, we recommend this purchase. Other benefits of using this approach
include the fact that the building will be a solid "floating" unit, making sub grade/foundation
issues much easier to resolve, and the maintenance will be much less expensive because even
though the roof will look like a standing seam metal roof, it too will be concrete.
The unit would consist of one men's room, one women's room, and over one hundred and fifty
square feet of storage. The projected delivery time is ten to twelve weeks. If the order is placed
now, we can put the unit in during July or August. The waterline and electric line were run last
week and are ready to be hooked up. The sewer line should be in place within the next forty-
five days. We would then complete all site preparation immediately following the celebration
and then install the unit on its arrival.
Cover Memo Restroom Facilities Town Ctr Pk.Doc
Agenda Item JOT
Date t/-/9-07
~
CITY OF SUNNY ISLES BEACH
SERVICE. AGREEMENT WITH SUPERIOR PARK SYSTEMS,INC.
FOR TOWN CENTER PARK PREFABRICATED RESTROOM UNIT
CONTRACT NO. C0607-082
THIS CONSULTANT AGREEMENT made and entered into this day of
2007, by and between the CITY OF SUNNY ISLES BEACH,
FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to "City")
and SUPERIOR PARK SYSTEMS, INC., a Florida corporation, authorized to do business in
the State of Florida, (hereinafter referred to as "Consultant"), whose Federal I.D.# is
WHEREAS, pursuant to Resolution No. 2007-1089, passed and adopted on April 19,
2007, (attached hereto as Attachment "A"), the City Commission authorized the City Manager
and/or his designee to enter into an agreement with Superior Park Systems for the purchase and
installation of a prefabricated restroom unit for the Town Center Park, provided said agreement
is approved as to form and legal sufficiency by the City Attorney; and
WHEREAS, pursuant to Resolution No. 2007-1089, the City Commission also
authorized the utilization of State Contract pricing, terms, and conditions for the purchase and
installation of the Town Center Park restroom unit, ("Services") located at 17200 Collins
Avenue, Sunny Isles Beach, in an amount not to exceed Sixty-Nine Thousand One hundred
Thirty-Three Dollars and Seventy-Five Cent ($69,133.75); and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other governmental
agencies shall be exempt from the City's competitive bidding procedures; and
WHEREAS, the City desires to enter into an agreement with Consultant, using the City
of Jacksonville's Price Agreement Contract, to provide the Services for a total amount not to
exceed Sixty-Nine Thousand One hundred Thirty-Three Dollars and Seventy-Five Cent
($69,133.75), as more particularly described in Attachment "B" which is attached hereto and
made a part hereof; and
WHEREAS, Consultant is qualified, willing and able to provide the desired Services
subject to the terms and conditions contained herein.
NOW THERFORE, in consideration of the premises and the mutual covenants herein
named,the parties hereto agree as set forth below:
TERMS
1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement
and made a part hereof.
C0607-082 Superior Park Systems.Inc. Service Agreement t' COPY
Page I of7 FiL
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160
(305)947-0606 phone(305)949-3113 Fax
2. SERVICES: Consultant agrees to furnish all labor and materials in a good
workmanlike and professional manner and to perform the Services designated in Attachment'B"
attached hereto, and incorporated herein by reference. The Services shall be performed by
Consultant to the full satisfaction of the City. Consultant 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. Consultant 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. Consultant 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
Consultant fails to complete the Services pursuant to the terms of this contract and City must
undertake the completion of performance of Services, Consultant 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 Consultant's failure to perform the Services.
3. COMPENSATION: Payment will be made to the Consultant for both equipment and
installation upon completion of the entire scope of work and subsequent acceptance by the City,
as more specifically stated in Attachment "B". Consultant shall be compensated a total fee of
Sixty-Nine Thousand One Hundred and Thirty-Three Dollars and Seventy-Five Cents
($69,133.75). Payment for installation charges and for any and all permits and fees that may be
required to accomplish the work associated with the performance of these Services will be the
responsibility of the Consultant. The Consultant shall make no other charges to the City for
supplies, labor, licenses, overhead or any other expenses or costs unless any such expense or cost
is incurred by Consultant with the prior written approval of the City.
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 Consultant. Upon termination, the City may
re-bid the project if the Consultant fails to perform under this Agreement due to the undisclosed
conditions.
5. INSURANCE: Consultant shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Consultant against all loss, claims, damage and
liabilities caused by Consultant, its agents, sub-Contractors or employees, as indicated below:
❑ 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
with minimum limits of One Million Dollars ($1,000,000) per occurrence and
Two Million Dollars ($2,000,000) aggregate.
❑ Worker's Compensation, as required by law, but with no less than $1,000,000 for
Employer's Liability.
C0607-082 Superior Park Systems,Inc. Service Agreement
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach. Florida 33160
(305)947-0606 phone(305)949-3113 Fax
❑ 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, One Million Dollars ($1,000,000) per accident for
bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for
property damage.
❑ Umbrella/Excess Liability coverage in addition to the foregoing limits that when
combined with the foregoing limits provide total coverage of at least Five Million
Dollars ($5,000,000).
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City.
Such insurance shall not diminish Consultant'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 Best rating of A-Excellent.
Before any work under this Agreement is performed, and at any time upon request,
Consultant 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's Risk Management Department. 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 Consultant hereunder.
Consultant 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.
6. OWNERSHIP OF DOCUMENTS:The parties agree that all documentation and work
product produced pursuant to this Agreement shall become the exclusive property of the City and
shall be provided to the City upon request.
7. INDEPENDENT CONTRACTOR RELATIONSHIP: 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 Consultant and the City.
Consultant 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.
C0607-082 Superior Park Systems.Inc. Service Agreement
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City of Sunny Isles Beach 18070 Collins Avenue. Sunny Isles Beach, Florida 33160
(305)947-0606 phone(305)949-3113 Fax
8. COMPLIANCE WITH LAW: Consultant 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.
Specifically, Consultants shall comply with all applicable conflict of interest provisions as
provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles
Beach (Section 62-16 entitled "Ethics in Public Contracting." As provided in Section 62-16,
Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract for
violation of the above-referenced ethical standards.
9. WAIVER OF LIABILITY/INDEMNITY: 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 from the negligence or omission of Consultant or any one of its employees, consultants or
agents. Consultant 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
performance or breach by the Consultant of its obligations under this Agreement, (ii) any
personal or bodily injury, including death, to any person and destruction of property resulting
from the performance or breach by Consultant. Consultants indemnify obligation shall extend up
to but shall not exceed the higher limits of that insurance. Consultant hereby irrevocably waives
any right and agrees not to file any mechanic's or materialman's lien against City property.
10. 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 substantially all assets or any similar transaction. Notwithstanding the foregoing, this
Agreement is personal to the Consultant 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.
11. TERM: Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement
and shall end One (1) year following the execution of this Agreement, upon the completion of
Services described in Attachment "B". The term of this Agreement may be extended for an
additional term at the option of the City. Payment will be made only for work completed to the
satisfaction of the City. Consultant is to commence performance of work on the Commencement
Date and continue in a diligent manner until work is complete. Consultant acknowledges that
compliance with the commencement and completion schedule is the essence of this Agreement.
The terms of Sections 8 and 9 entitled "Compliance with Law" and "Waiver of
Liability/Indemnity,"respectively, shall survive termination of this Agreement.
12. TERMINATION: The City shall have the right to cancel this Agreement, at any time
during the term hereof, upon thirty (30) days notice to the Consultant.
C0607-082 Superior Park Systems.Inc Sen ice Agreement
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City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach, Florida 33160
(305)947-0606 phone(305)949-3113 Fax
13. 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 A. John Szerlag With a copy to:
City: City Manager Hans Ottinot,
City of Sunny Isles Beach City Attorney
18070 Collins Ave. City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160. 18070 Collins Avenue
Ph: 305-947-0606 Sunny Isles Beach, Florida
33160.
Ph: 305-947-0606
If to the Mitch Leitner, President
Consultant: Superior Park Systems, Inc.
1418 Scott Street
Hollywood, FL 33020
Ph: 954-920-3352
Fax: 954-921-9563
14. GOVERNING LAW: The validity of this Agreement and the interpretation and
performance of all of its terms 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
legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-
Dade County, Florida.
15. ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration and their
respective attorneys' fees as may be determined by the court on confirmation.
C0607-082 Superior Park Systems.Inc. Service Agreement
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City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach, Florida 33160
(305)947-0606 phone(305)949-3113 Fax
16. 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.
17, REMEDIES FOR BREACH: Should Consultant fail to perform, City shall notify
Consultant in writing of such failure to perform and Consultant shall have ten (10) days of
receiving such notice to cure such failure. If Consultant is unable to cure such failure to perform,
then City shall receive a refund from the Consultant in an amount equal to the actual cost of a
third party to cure such failure. The City may sue for damages in circuit court. If Consultant
fails, refuses or is unable to perform any term of this Agreement, City shall pay for services
rendered as of the date of termination.
18. 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 understanding 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.
19. CONFLICTING PROVISIONS: The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document.
00607-082 Superior Park Systems,Inc. Service Agreement
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City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160
(305)947-0606 phone(305)949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the ,
day and year first written above.
WITNESSES: CONSULTANT:
BY:
Mitch Leitner, Presidentt
Superior Park Systems, Inc.
CITY OF SUNNY ISLES BEACH
BY:
A. John Szerlag, City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
ans BY: ivl� FBA
Ottinot, City Attorney
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