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HomeMy WebLinkAboutReso 2018-2886 RESOLUTION NO. 2018-Z %4' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIFTH 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 (5200,000.00); AUTHORIZING THE MAYOR TO EXECUTE SAID 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 $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 the amount not to exceed $25,000.00; and WHEREAS, on November 19, 2015 via Resolution No. 2015-2493 the City Commission approved the Second Amendment to the Agreement with Enviro Waste Services Group, Inc. exercising 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 $200,000.00; and WHEREAS, on September 15, 2016 via Resolution No. 2016-2598 the City Commission approved the Third Amendment to the Agreement with Enviro Waste Services Group, Inc. exercising its second option to renew the Agreement for one (1) year to provide continuing services for Fiscal Year 2016/2017, in an amount not to exceed $200,000.00; and WHEREAS, on October 19, 2017 via Resolution No. 2017-2747 the City Commission approved a Fourth Amendment to the Agreement with Enviro Waste Services Group, Inc. exercising its third option to renew the Agreement for one (1) year to provide continuing services for Fiscal Year 2017/2018, in an amount not to exceed $200,000.00 WHEREAS, the City being satisfied with Enviro Waste Services Group, Inc. wishes to exercise its fourth and final option to renew the Agreement for one (1) year to provide continuing services for Fiscal Year 2018/2019, in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00); and R2018 Enviro Waste Srvs 4th Amd To Aemt Stormwater Page 1 of 3 WHEREAS, the City wishes to approve the Fifth 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 Nine Hundred Thirty-Seven Thousand Five Hundred Forty-Five Dollars ($937,545.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Fifth Amendment to the Agreement. The City Commission hereby approves the Fifth 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". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Third 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 effecti - upo adoption. PASSED AND ADOPTED this 15th day of 'ovembe- 2018. Geol.! •`,,Scholl, Mayor ATT T 0 l1a/ % Mauri•'o o,etan ur, CMC, City Clerk V.1-) APPROVED,. TO FORM AND LE PA ' //J CIENCY �j.0-i ( 1P # H.ns Ottinot, City Attorney Moved by: GI/MISS(Oat40 "4 Seconded by: V l e (A4 Ape L(b(-Dm I R2018 Enviro Waste Srvs 4th Amd To Agmt Stormwater Page 2 of 3 Vote: Mayor Scholl J (Yes) (No) Vice Mayor Goldman (Yes) (No) Commissioner Aelion I (Yes) (No) Commissioner Gatto (Yes) (No) Commissioner Svechin —7- (Yes) (No) R2018 Enviro Waste Srvs 4th Amd To Agmt Stormwater Page 3 of 3 SUNNY rste FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND ENVIROWASTE SERVICES GROUP, INC. CONTRACT NO. 5737-161 OF fVN This Fifth Amendment to the Agreement between the City of Sunny Isles Beach ("City") and ENVIROWASTE SERVICES GROUP, INC., ("Contractor") executed this day of , 2018, is made a part of the original Agreement ("Agreement") dated April 17, 2014, Contract No. 1314-048, 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 final option of four (4) consecutive one (1) year options to renew the Agreement for one (1) year to provide continuing services for Fiscal Year 2018/2019 in accordance with Section 3 of the Agreement, as more particularly described in Attachment "A", which is attached hereto and incorporated herein by reference. 2. TERM. The Term of this Fifth Amendment shall commence on November 19, 2018 and shall end no later than November 18, 2019. 3. ADDITIONAL COMPENSATION. The payment to Contractor, per in Section 4 of the Agreement, is hereby amended to include additional compensation not to exceed Two Hundred Thousand Dollars ($200,000.00)for Fiscal Year 2018/2019, bringing the total contract amount not to exceed One Million One Hundred Thirty Seven Thousand Five Hundred Forty Five Dollars ($1,137,545.00). 4. ADDITIONAL CONTRACT PROVISION. Section 217.4725, Florida Statutes, provides that contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. 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 entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, 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 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 Section 215.4725, Florida Statutes. 5. 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. 6. CONFLICTING PROVISIONS: The terms, statements,requirements, and provisions contained in this Fifth 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"and"B". IN WITNESS WHEREOF,the parties hereto have executed this document as of the date • mentioned above. WITNESS:/ ENVIROWASTE SERVICES GROUP,INC. 40 Signature BY: .411\ Julio .Foj,n,Director 3i/v,'nc (Diaz • Print Name ATTEST: CITY OF SUNNY _ S BEACH Ofri r" BY: 0 _►r - BY: Mauricio :etan , CMC,City Clerk George H. Soho Mayor 4t APPROVED AS TO FORM AND LEGAL SUFFICIENCY firans Ottinot, City Attorney 161-5737-ENVIROWASTE SERVICES GROUP,INC. 2 �e; AGREEMENT BETWEEN THE CITY OF SUNNY �' • ISLES BEACH AND ENVIRO WASTE SERVICES GROUPS INC.. CONTRACT NO. C1314-048 T IIS AGREEMENT (hereinafter referred to as the "Agreement"), is made in duplicate, this 11.1L 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 lax identification number is ( 5CE2M p9 0 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" S 1 B (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 t...po 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 s1 ri 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. lf, 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 Contract:,: (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 (t 0) 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 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 Ottiriot 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 IS`Street, 2"d 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. S B 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 (S100.00) 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 S B • 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 6. 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 r,, ENVIRO WASTE SERVICES GROUP,INC. Iry *4 i a0 l : Si ture BY. —f, 'i at qo Eduardo J. Barba;President (U Print Narne ATT 1 CITY OF SUNNY ISLES BEACH 1�"�(- ���! i nip or B Y r/ �/W<<•�c/, Z e'. -/ BY: — ifilit:i�. lane - . Hines, MC,City Clerk •'orman S. Edelcup, Mayor • 'PROVED AS TO FORM AND LEGAL SUFFICIENCY AO ---- BY:.' / I id if H. / tinot,City Attorney Page 7 of 7 s 6 r� �J L� wi CONTRACTOR ANTI-BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTB§a5A72J I, Paul ,on behalf of kvirof, e_5e c inlaid i. Print Name Company Name certifies that 1nviro&asie 94110-5 ,p,Inc. does not Company Name { 1. Participate in a boycott of Israel;and 2*. Is not on the Scrutinized Companies that Boycott srael 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 Petroleum Energy Sector List;and 5. Has not engaged in business operations in Cuba Cr Syria. Signature .0- Title totioite Date ATTACHM EM'B" „NNY'�`Fs City of Sunny Isles Beach 23'.4r: 18070 Collins Avenue ; Sunny Isles Beach, Florida 33160 ye (305)947-0606 City Hall ,„,„A "`� (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Susan Simpson, Assistant City Manager DATE: 11/15/2018 Resolution to Approve the Fifth Amendment to the Agreement with Enviro Waste Services Group, Inc.for RE: Storm Water Management System Preventive Maintenance Services in an Amount Not to Exceed $200,000.00 RECOMMENDATION: This item is presented for your consideration. REASONS: The City utilizes the services of Enviro Waste Services Group, Inc annually to clean and maintain the City's storm drains and catch basins. This is in compliance with the City's MS4 Permit with the State to reduce the amount of pollutants discharged into our system. The City has been satisfied with the services provided by Enviro Waste and wish to exercise our option to renew for one final contract term. ADDITIONAL INFORMATION: Staff is requesting to spend an amount up to $200,000.00 but will only spend the actual amount for work completed. FUNDING SOURCE: Funds are budgeted for and available in the Stormwater Operations R&M Account 5-5380-446005