PSA between the CMB and Professional Stone Design LLC for the acid washing and cleaning of sidewalk stones and fishpond at the 1100 blk of Linvoln RD Docusign Envelope ID:7D916A37-OF73-4COF-8A6D-EEFF3DE33639 �O�� � �� ���
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEAGN
AND
PROFESSIONAL STONE DESIGN LLC
FOR
THE ACID WASHING AND CLEANING OF SIDEWALK STONES AND FISHPOND AT
THE 1100 BLOCK OF LINCOLN ROAD, PURSUANT TO
RESOLUTION NO. 2025-33837
' ! ?!i��
This Professional Services Agreement('Agreement") is entered into this day of September,
2025 ("Effective Date"), between the CITY�F MIAMI BEACH, FLORIDA, a municipal corporation
organiz�d and existing under the laws of the State of Florida, having its principal offices at 170U
Convention Center Drive, Miami Beach, Florida, 33139 (the "City"}, and PROFESSIONAL
STONE DESIGN LLC, a Florida limited liability company, with an address at 8481 SW 35'h
Terrace, Miami, Florida 33155 ("Consultant").
SECTION 1
DEFINITIONS
Agreement: 7his Agreement between the City and Consultant, including any exhibits
and amendmsnts thereta.
City Manager: 7he chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to administer
this Agreement on behalf of the City.The City Manager's designee shall be
the Public Works Department Director.
Consultant: For the purposes of this Agreement, Consultant shatl be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant pertormed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number {305)
673-7000, Ext. 6435; and fax number(305}673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide
the work and services described in Exhibit A hereto (the "Services").
Although Consultant may receive a schedule of the available hours to provide its Services, the
City shall not control nor have the right to control the hours of the Services performed by the
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Consultant; where the Services are performed (although the City will provide Consultant with the
appropriate location to perform the Services); when the Services are performed, including how
many days a week the Services are performed; how the Services are performed, or any other
aspect of the actual manner and means of accomplishing the Services provided. Notwithstandirg
the foregoing, all Services provided by the Consultant shall be performed in accordance with the
terms and conditions set forth in Exhibit A and to the reasonable satisfaction of the City Manager.
If there are any questions regarding the Services to be performed, Consultant should contact the
following person:
City of Miami Beach
Public Works Department
1700 Convention Center Drive
Miarni Beach, Florida 33139
Attn: Rodney Knowles, Assistant Director
2.2 ConsultanYs Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit A hereto.
SEC7tON 3
TERM
The term of this Agreement (the "Term") shall commence on the Effective Date and shall expire
upon the earlier to occur of: (a) the satisfactory completion of the Services and the City's written
acceptance thereof; and (b) six {6)months from the Effective Date (the "Initial Term�'). The City
may, at the sofe option and discrelion of the City Manager, renew the term for one (1) addiiionai
period of six(6)months(the"Renewal Term°)by providing Consu4tant with written notice of same
no less than thirty (30} days prior to the expiration of the Initia� Term; provided, however, the
Renewal Term shall automatically expire upon the satisfactory completion of the Services and the
City's written acceptance thereof if such completion and acceptance occur prior to the end of the
Renewal Term.
Notwithstanding the 7erm provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery ot the Services, as
same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Consultant shall be compensated on a
fixed fee basis, in the amount of �138,000.00, for a total annual amount not to exceed
$138,000.00.
4.3 The total fee for the Services rendered under this Agreement shall be One Hundred Thirty-
Eight Thousand Dollars ($138,000.00). Payment shaVl be made in two equal instailments: Fifty
percent(50%), totaiing Sixty-Nine Thousar►d Dol4ars (569,000.00), shall be due upon execution
of this Agreement as a non-�efundable deposit tQ initiate the project. The remaining fifty percent
(50%), totaling Sixty-Nine Thousand Dollars (�69,0OO.OU), shall be due upon final completion of
the project and subsequent inspection and approval by the relevant city�uthorities.
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4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five
(45) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
Invoices shall include a detailed description of the Services (or portions thereof) provided, and
shall be submitted to the City at the following address:
Accounts Payable Division
Finance Department
City of Miami Beach
1700 Convention Center Drive, 3`d Floor
Miami Beach, Florida 33139
Email: accountspayable@miamibeachfl.gov
S�CTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
!f the Consultant shall fail to fulfill in a timely manner, or othen,vise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, shall
thereupon have the right to terminate this Agreement for cause. Priar to exercising its option to
terminate for cause, the City shall notify the Consultant of its violation of the particular term(s)of
this Agreement, and shall grant Consultant ten (10} days to cure such default. If such default
remains uncured after ten (10)days, the City may terminate this Agreement without further notice
to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities,
duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above,the Consultant shall not be relieved of liability to the City for damages
sustained by the City for any breach of the Agreement by the Consultant. The City, at its sole
option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to
be in its best interest in order to enforce the City's rights and remedies against Consultant. The
City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR Cf)NVENIENCE OF THE CITY
THE CITY MAY ALSO, THRQUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH
TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30} DAYS
FOLLOWING RECEIRT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONAL.LY,
IN TH� EVENT OF A PUBLIG HEALTH, WELFARE OF2 S�AFETY CONCERN, AS
DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE
DISCRETION, THE GITY MANAGER, PURSUAN�' T�J A VERBAL OR WRITT�N
NOTIFICATIqN TO CONSUL,TANT, MAY IMMEDIATELY SUSP�ND THE SERVICES
UNDER TH1S AGREEMENT F�R A TIME CERTAIN, OR IN THE ALTERNATIVE,
TERMINATE THlS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS
TERMINATED FOR CONV�NIENCE BY THE CITY, CONSULTANT SHALL BE PAID
FQR ANY SERVICES SATISFACTORILY PERFORMED UP TU THE DATE OF
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TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM
ANY AND ALL LIABILITIES, DUTIES,AND TERMS ARISING OUT OF, OR BY VIRTUE
OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consuitant is placed
either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors.
In such event, the right and obligations for the parties shall be the same as provided for in
Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE RE�UIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its
officers, employees, agents, and contractors, from and against any and all actions (whether at
law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions
or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any
other person or entity acting under ConsultanYs control or supervision, in connection with, related
to, or as a result of the Consuliant's performance of the Services pursuant to this Agreement. To
that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and shall pay
all costs and attomeys' fees expended by the City in the defense of such claims and losses,
including appeals. The Consultant expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the Consultant shall in no way
limit the ConsultanYs responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided.
The parties agree that one percent (1%) of the total compensation to Consultant for perforrnance
of the Services under this Agreement is the specific consideration from the City to the Consultant
for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this
indemniflcation shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain the below required insurance in full force throughout the Term. 7he
maintenance of proper insurance coverage is a material element of this Agreement and failure to
maintain or renew coverage may be treated as a material breach of this Agreement, �vhich could
result in withholding of payments or termination of the Agreement.
A. Worker's Compensation Insurance for all employees of Consultant as required by
Florida Statute 440, and Employer �iability Insurance for bodily injury or disease. Should
Consultant be exempt from this statute, Consultant and each employee shall hold the City
harmless from any injury incurred during performance of the Agreement. The exempt
Consultant shall also submit(i}a written statement detailing the number of employees and
that they are not required to carry Workers' Compensation insurance and do not anticipate
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hiring any additional employees during the Term, or (ii) a copy of a Certificate of
Exemption.
B. Commercial General Liability Insurance on an occurrence basis, including
products and completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $300,000 per occurrence.
C. Automobife Liability Insurance covering any automobile, if Consultant has no
owned automobiles, then coverage for hired and non-owned automobiles, with limit no
less than $300,000 combined per accident for bodily injury and property damage.
Notice of Cancellation - Each insurance policy required above shall provide that coverage shall
not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance
Services.
Waiver of Subrogation — Consultant agrees to obtain any endorsement that may be necessary
to affect the waiver of subrogation on the coverages required. However, this provision applies
regardless of whether the City has received a waiver of subrogation endorsement from the
insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best
rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida
Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
VerifiGation of Coverage—Original certificates of insurance must be submitted to the City's Risk
Manager for approval and will be kept on file in the Office of the Risk Manager. The City shall
have the right to obtain from the Cvnsultant specimen copies of the insurance policies in the event
that submitted certificates of insurance are inadequate to ascertain compliance with required
coverage. The Consultant shall not commence any work and or services pursuant to this
Agreement until all insurance required under this section has been obtained and such insurance
has been approved by fhe City's Risk Manager. However, failure to obtain the required documents
prior to the work beginning shall not waive the Consultant's obligation to provide them. Consultant
is also solely responsible for obtaining and submitting all insurance certificates for any sub-
consultants.
CERTIFICATE HOLDER MUST READ:
City of Miami Beach
c/o Exigis Insurance CorY�pliance Services
P.O. Box 947 Murrieta, CA 92564
Kindly submit all certificates of insurartce, endorsements, exemption letters to our serviciny�gent,
EXIGIS, at:
Certific�tes=rniamit�e�ch(a@riskworks.c�m
Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these
requirements, including limits, based on ihe nature of the risk, prior experience, insurer, coverage,
or other special circumstances.
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Compliance with the foregoing requirements shall not relieve Consultant of its liability and
obligation under this section or under any other section of this Agreement.
Timely renewal certificates will be provided to the City as coverage renews. The insu�ance
certificates for General Liability shall include the City as an additional insured and shall contain a
waiver of subrogation endorsement. ConsultanYs insurance shall be primary and not contributory
for direct claims arising out of the Agreement under the Commercial General Liability policy. If the
Professionat Liability coverage is provided on a claims made basis, then such insurance shall
continue for(3) years following the expiration or termination of the Agreement.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and
obligations under this section or under any other portion of this Agreement.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering
into this Agreement, Consultant and the City expressly waive any rights either party may have to
a trial by jury of any civil litigation refated to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to er�ter into this Agreement only if in so doing ihe City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City of
this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Consultant hereby expresses its willingness to enter into this Agreement �vith ConsultanYs
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,00�.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of$10,000 for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABI_E LAWS/PATENT RIGHTS; COPYRIGHT1
AND CONFIDENTIAL FINDINGS
9.1 pUTY OF CARE
With respect to the performance of the Services contemplated herein, Consultant shall exercise
that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
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and/or recognized professionals with respect to the performance of comparable work and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAYI�S
In its performance of the Services, Consultant st�ali comply with all applicable laws, ordinances,
and regulations of the City, Miami-Dade County, the State of Florida, and the federal government,
as applicable.
9.3 PATENT RIGHTS• COPYRIGHT• CONFIDENTIAL FINDINGS
Any 4vork product arising out of this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Consultant, without the prior written consent of the City
Manager, excepting any information, records etc. which are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be subject
to any application for copyright or patent by or on behalf of the Consultant or its employees or
sub-consultants, without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIUNS
Upon reasonable verbal or wriiten notice to Consultant, and at any time during normal business
hours (i.e. 9AM —SPM, Monday through Fridays,excluding nationally recognized holidays), and
as often as the City Manager may, in his/her reasonable discretion and judgment, deem
necessary, there shall be made available t� the City Manager, and/or such representatives as
the City Manager may cfeem to act on the City's behalf, to audit, examine, and/ or inspect, any
and all other documents andlor records relating to all matters covered by this llgreement.
Consultant shall maintain any and all such records at its place of business at the address set
forth in the "Notices" section of this Agreement.
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established
the Office of the Inspector General which may,on a random basis, perform reviews,audits,
inspections and investigations on all City contracts, ihroughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by
or on behalf of the City.
(B) The �ffice of the Inspector Gener�l is authorized to investigate City affairs and
empowered to revie�v past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to subpoena
witnesses, administer oaths, require the production of avitnesses and monitor City projects
and programs. Monitoring of an existing City project or prograrn may include a report
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concerning whether the project is on time, within budget and in conformance with the
contract documents and applicable law. The Inspector Generai shall have the power to
audit, investigate, monitor,oversee,inspect and review operations,activities, performance
and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Consultant, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City
is allocating a percentage of its overall annual contract expenditures to fund the activities
and operatians of the Office of Inspector General.
(C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all
requested records and documenis available to the Inspector General for inspection and
copying. The Inspector General is empowered ta retain the services of independent
private sector auditors ta audit, investigate, monitor, oversee, inspect and review
operations activities, perforntance and procurement process including but not limited to
project design, bid specifications, (bid/proposal)submittals, activities of the Consultant its
officers, agents and employees, lobbyists, City staff and elected officials to ensure
compfiance with the contract documents and to detect fraud and corruption.
(D} The Inspector General shall have the right to inspect and copy all documents and records
in the ConsultanYs possession, custody or contro! which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from
and with successful subcontractors and suppliers, all project-related correspondence,
memoranda, instructions, financial documents, construction documenis, (bid/proposal)
and contract documents, back-change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payralf and persannel records and supporting documentation for the aforesaid
documents and records.
(E) The Consultant shall make available at its office at a!I reasonable iirnes the records,
materials,and ather evidence regarding the acquisition(bid preparation)and performance
of this Agreement, for examination, audit, or reproduction, until three (3) years after final
payment under this Agreement or for any longer period required by staiute or by other
clauses of this Agreement. In addition:
i. If this Agreement is completely or partially terminated, the Consultant shall make
available records relating to the work terminated until three (3) years after any
resulting final terrnination settlement; and
ii. The Consultant shall make available records relating to appeals or to litigation or
the settlement of clairr�s arising under or relating to this Agreement until suct�
appeafs, litigation, or claims are finally resolved.
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(F) The provisions in this section shall apply to the Consultant, its officers,agents,employees,
subcontractors and suppliers. The Consultant shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Consultant in
connection with the performance of#his Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the CiEy by the Consultant or third parties.
10.3 ASStGNMENT,,TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfsr all or any portion of any work and/or service
under this Agreement without tl�e prior wrikten consent of the City Manager, which consent, if
given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor
any term or provision hereof, or righE hereunder, shall be assignable unless as approved
pursuant to this section, and any attempt to make such assignment (unless approved) shall be
void.
10.4 PUBLIG ENTfTY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Skatement under Section 287.133(3)(a)Florida Statute on Public Entity Crimes with
the City's Procurement Division.
10.5 NO DISCRtMINATION
In connection with the performance of the Services, the Consultant shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race,
color, national origin, sex, age, disability, religion, income or family status.
Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment (including independent contractors), housing, public
accommodations, public services,and in connection with its membership or policies because of
actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity,
sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair
texture and/or hairstyle, domestic partner status, labor organization membership, familial
situation, or political affiliation.
10.fi CONFLfCT OF INTEREST
Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of Interest �rdinances and Ethics provisions, as set forth in the 1�1iami-Dade County
Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code,
as may be amended from time to time; both of which are incarporated by reference as if fully set
forth herein.
Consultant covenants that it presently has no interest and shall not acquire any interest, directly
or indirectly, which cot�ld conflict in any manner or degree with the performance of the Services.
Consultant further covenants that in the performance of this Agreement, Consultant shall not
employ any person fiaving ar�y such interest.
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10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A} Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) 7he term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to !aw or ordinance
or in connection with the transaction of of#icial business of the City.
{C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition
of"Contractor" as defined in Section 119.0701(1){a), the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the Ciiy's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied �vithin
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclvsure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
the Consultant does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement, the Consultant shafl destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Consultant keeps and maintains public
records upon completion of the Agreement, the Consultant shall meet all
applicable requirements for retaining public records. Al! records stored
electronically must be provided to the City, upon request from the City's custodian
of public records, in a format that is compatible with the infvrmation technology
systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the Ciiy. If the City does not possess the
requested records, the City shall immediately notify the Consultant of the request,
and the Consultant must provide the records to the City or allo�v the records to be
inspected or copied within a reasonable time.
(2) Gonsultant's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3)avail itself of any available remedies at law or in equity.
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(3) A Consultant who fails to provide ihe public records to the City within a reasonable
time may be subject to penalties under s. 119.1t}.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Consultant to compel production of pubiic records
relating to the City's contract for services, the court shall assess and award against
the Consultant the reasonable costs of enforcement, including reasonable
attorneys' fees, if:
a. The court determines that the Consultant unlawfuily refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the pubtic records request, including a statement that the Consultant
has not coRiplied with the request, to the City and to ttie Consultant.
{2) A notice complies tivith subparagraph (1)(b� if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the Consultant's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and with
evidence of delivery, which may ba in an electronic format.
(3} A Consultant who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
�F� IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPI.ICATION OF CHAPTER �119, FLURIDA STATUTES, OR AS
TO THE CC�NSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
UF PUBLIG RECORDS AT:
CITY UF MIAMI BEACH
ATTENTION: RAFAEL E. GRANAD4, CITY CLERK
17QQ CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGFtANAD(�(c�i.MIANIIBEACHFL.G�V
RHONE: 305-673-7411
10.8 FORCE MAJEURE
(A) A "Force Majeure" ever�t is an event that (i; in fact causes a delay in the perforn�ance of
the Consultant or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to an
intentinnal act, errar, omission, or negligence of such party, and (iv) could not have
reasonably besn foreseen and prepared for by such party at any tiriie prior to the
11
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occurrence of the event. Subject to the foregoing criteria, Force Majeure rnay include
events such as war, civil insurrection, riot, fires, epidernics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the City or ConsultanYs performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately, upon
learning of the occurrence of the event or of the commencement of any such delay, but in
any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of
event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the
anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v)of
what course of action such party plans to take in orde�to mitigate the detrimental effects
of the event. The timely delivery of the notice of the occurrence of a Force Majeure event
is a condition precedent to allowance of any relief pursuant to this section; however,
receipt of such notice shall not constitute acceptance that the event claimed to be a Force
Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a
Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement
during a period when such party is rendered unable, in whole or in part, by Force Majeure
to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer
duration than is required. The party shall use its reasonable best efforts to continue to
perform its obligations hereunder to the extent such obligations are not affected or are
only partially affeCted by the Force Majeure event, and to correct or cure the event or
condition excusing performance and otherwise to remedy its inability to perform to the
extent its inability to perform is the direct result of the Force Majeure event with all
reasonable dispatch.
(D) Obligations pursuant to the Agreernent that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result
af such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to the
Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure
occurrence, the City may, at the sole discretion of the City Manager, suspend the City's
payment obligations under the Agreement, and may take such action without regard to the
notice requirements herein. Additionally, in the event that an event of Force Ntajeure
delays a party's peifiormance undPr the Agreement for a time period greater than thirty
(30) days, the City may, at the sole discretion of the City Manager, terminate the
Agreement on a given date, by giving written notice to Consultant of such terminatian. If
the Agreement is terminated pursuant to this secti�n, Consultant shall be paid for any
Services satisfactorily performed up to the date of termination; following which the City
shall be disci�arged frorTi any and all liabilities, duties, and terms arising out of, or by virtue
of, this Agreement. In no event will any condition of Force Majeure extend this Agreement
beyond its stated term.
12
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10.9 E-VERIFY
(A) To the extent that Consultant provides labor, supplies, or services under this Agreement,
Consultant shall comply with Section 448.095, Florida Staiutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, Consultant shail register with and use the E-
Verify system to verify the work authorization status of ali newly hired employees during
the Term af the Agreement. Additionaliy, Consultant shali expressly require any
subcons�itant performing work or providing services pursuant to the Agreement to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of afl new employees hired by the siabconsultar�t. If Consultant
enters into a contract with an approved subconsultant, the subconsultant must provide the
Gonsultant with an affidavit stating that the subconsultant does not employ, contract with,
or subcontract with an unauthorized alien, Consultant shall maintain a copy of such
affidavit for the duration of this Agreement or such other exisnded period as may be
required under this Agreement.
(B) TERMfNATION RIGHTS.
(1) If the City has a good faith belief that Consultant has knowingly violated Section
448.09(1), Florida Statutes,which prohibits any person from knowingly em�loying,
hiring, recruiting, or referring an alien who is not duly authorized to work by the
immigration laws or the Attorney General of the United States, the City shall
terminate this Agreement with Consultant for cause, and the City shall thereafter
have or owe no further obligation or liability to Consultant.
(2) If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A), but the Consultant otherwise complied with such
subsection, the City will promptly notify the Consultant and order the Consultant to
immediately terminate the contract�viih the subconsultant. Consultant's failure to
terminate a subcansultant shall be an event of default under this Agreement,
entitling City to terminate this Agreement for cause.
(3) A contract terminated under the foregoing Subsection (B)(1} or (B}(2} is not in
breach of contract and may not be considered as such.
(4) The City or Consultant or a subconsultant may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection (B)(1)or
(B)(2} no later than 20 calendar days after the date on which the contract was
terminated.
(5) If the City terminates the Agreement with Cansuliant under the foregoing
Subsection (B)(1), Cansultant may riot be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6) Consultant is liable for any additianal r,osts incurred by the City as a result of the
termination of this Agreement under this Section 10.9.
90.10 CONSULTANT'S COMPLIANCE WITH ANTI-HUMAfV TRAFFICKING LAWS
Consultant agrees to comply tivith Section 787.p6, Florida Statutes, as may be amended from time
to time, and has executed the Anti-Human Trafficking Affidavit, containing the certification of
compliance with anti-hurt�an trafficking laws, as required by Section 787.06(13), Florida Statutes,
a copy of which is attached hereto as Exhibit B.
13
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10.11 PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A B�YCOTT
Consultant warrants and represents that it is not currently engaged in, and will not engage in, a
boycott, as defined in Sectian 2-375 of the City Code. In accordance with Section 2-375.1(2)(a)
of the City Code, Consultant hereby certifies that Consultant is not currently engaged in, and for
the duration of the Agreement, will not engage in a boycott of Israel.
1Q.12 PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS
PERFORMED SERVICES FOR C�MPENSATION TQ A CANDIDATE FOR CITY
ELECTEb OFFICE
Consultant warrants and represents that, within two (2) years prior to the Effective Date,
Consultant has not received compensation for services performed for a candidate for City elected
office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-
379 of the City Code shall not a�qly to the following:
(a) Any individual or entity that provides goods to a candidate for office.
(b) Any individual or entity that provides services to a candidate for office if those same
services are regularly performed by the individual or entity in the ordinary course of
business for clients or customers other than candidates for office. This includes, without
limitation, banks, telephone or internet service providers, printing companies, event
venues, restaurants, caterers, transportation providers, and office supply vendors.
(c) Any individual or entity which performs licensed professiona! services (including for
example, legal or accounting servicesj.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Consultant and the City listed below or may be mailed
by U.S. Gertified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CUNSULTANT: Professional Stone Design LLC
8481 SW 35`"Terrace
Miami, Florida 33�55
Attn: Hector Castro
{305)549 4681
Tropi80@gmail.com
TO CITY: City of Miami Beach
Public Works Department
17Q0 Convention Center Drive
Miami Beach, Florida 33139
Attn: Rodney Knowles, Assistant Director
rodneyknowles@miamibeachfl.gov
14
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Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent
to such alternate address in addition to any other address which notice would otherwise be sent,
unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the
date of receipt or refusal.
SEC710N 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannoi be modified or amended without the express written consent of the
parties. No modification, amendmeni, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and of
equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A party's waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed
to be a modific�tion of the terms of this Agreement.
12.4 JOINT PREPARA710N
The parties hereto ackno�vledge that they have sougiit and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and that the preparation of this Agreement has been a joint effort of tf�e
parties,the language has been agreed to by parties to express their mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
undersfandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of tfiis Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
�J
Docusign Envelope ID:7D916A37-OF73-4COF-SA6D-EEFF3DE33639
IN WITNESS WHEREOF, ihe parties hereio have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
� /�) �'� -
By: �'l� - ' � ��v1,�
Rafael E. Granado, City Clerk Eric T. Carpenter, ity Manager
='n,�1 Ei�;�',,
Date: __��r...... `�
_�... y��-,
;.,iw.r � , � - :�,.�.���.
i:,. �w �:
�IN.ORP�DR�?ED'
�%2�� 1�4� C�:
���..,,,. . .
� ;`"�v'.
FOR CONSULTANT: �ROFESSIONAL STONE DESIGN LLC
ATTEST:
__ 8Y� �_
_ �(�c��r .�(, C�s�� f'���.��1a,;�.
Print Name and Title Print Name and Title
Date:
iTATE OF FLORIDA
COUNTY OF MtQMI-DADE
Sworn to and subscribed betore me thls
�day -OC�0�3cj'tt 20?�,
sy N,-�c r�,�z c��c frc v
Who personally appeared before me,is personally
known to me and produced
�a rc nG czyi qs B 29 yoo -o
►�, i-�^nt�fication,and did tak�an oath.
�i►� RAFAEL IIELAYZE
'�• �'. Notary Fubtic-St�te o(Fiorid�
�� Commhslon M HH 607250
.��a,e��� My Comm.Expires Feb 27,2029
��Bmded thrcwqh N�tion�l Wotary Assn.
APPRUVEU AS TO
FORR�i & LANGUAGE
& FOR EXFCUTION
.�` �_ � s ��..
�rCity Attorney Date
-`,���
16
Docusign Envelope ID:7D916A37-OF73-4COF-8A6D-EEFF3DE33639
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide the foilowing services:
1 PRt.1TEC'IION Of GRE[N AREhS.
� UFEF CLFANIN(�4VI�H A PRE55URF �v1ACHINf ANf)5('t�CtAL 4�RU1.�UCTS FpR I�HA1 iYi>i� OF S�l)N�
[TNK CI.FANING 4VIU BC C�C�NF�i NIGHT, fiETWEFN 1J:00 Atvl TC�6:00 Atvi�
�I�RODUCTS TO�IjE�KE LiETf.RL�EK AND f)i2GANIC OETER�ENT)
�-�FFP(:1 FANINF;(?f TIIE MFUN FC)�1NTAiN WITI'SPFCIAI Pf)LISI IING a1ND SANDIiVG tO�t I�ILSF �`!F'FS OI�STl11N�.
�Y BASc PKEPAR�1fION Ft)K GRt�\�E�K I IftMNE5S.
(I�TFIF REPAIR f I�1F IS I�f;6ER 7FIAN 3 X 3 Ft=FT,l�C(iMFACTIUN NIACHIN�= Wil_I BE USFn)
fc�nnNnrrir�rt wrni i i�nE R�ch�
5-REPAIR OF Mni?E TIiAN '..UCI NOl f5 AM�-t CftACKS.
(NECE55AFiY MF 1 f 1<fALS:SANU I UPI'ING NiIXj
F IUSTAI_I_ATfON OF STrINfS IN tdF.CFSSAftYnREAS.
(RE(vIOVED STONCS�fJ11I f31i RC-l1S�D IPJ TII�RCPt11Ri'D ARCAS�
/ �'LA(.E GftC)t1 i IN Nt(ESS.AftY'�fit.�15.
(NFf,.t.SSF1KY MAI�RIf\t: R/1PIC�5F:f [;ROU1 WII L BE UTATC�I[.[)TO i XISTIN(](��KOU I}
S- F•NISH NJ17�f1 A}ilGll QUALlI�Y,f'(�_NE f R�TI�JG SEALER C_UaT.
(NECLSSAFiY iv1.4'1'ERIr1�_:SUPREiv1E SEALER E�1GlE)
The Fee includes all materials needed for this project and includes trash remova{.
The estirnated avork time for the project is 6-7 business weeks.
17
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EXHIBIT B
AN71-HUMAN TRA�FICKING AFFIDAVIT
In accordance with Section 787_06 (13}, Florida Statutes, the undersigned, on behalf of
Consultant hereby attests under penalty af perjury that Consu{tant does not use coercion for labor
or services as defined in Section 787.06, Ftorida Statutes, entitled "Human Trafficking".
1 understand that I am swearing or affirming under oath ta the truthfulness of the claims made in
this affidavit and that the punishment for knowingty making a false statement includes fines and/or
imprisonment.
The undersfgned is authorized to execute this affidavit on behalf of Consultant.
CONSULTANT:
Professianal Stone Design LLC, a Florida limited liability campany.
�1�e�r�� . �t. �s:r� ��4P�r � �3�t1,- ►�r� rL'a M�', �,G
Name/Title: ��E»sa' "'��2\. {Address) �1 .5�
State of L B,`���iq
County of r�t ��.�t/ b�c ba
The foregoing instrument was acknowledged before me by means of O physical presence or O
online notarization, this o"t day of OGf'0�7�s-/�� , 2025 by
H�'"��`on r�•t �i� �T12 c: , as , of Professional
Stone Design LLC, a Florida limited liability company, known to me to be the person described
herein, �r who produced f G G �z Y/ Q,3$ Zy y� p as identification, and who did/did
not take an oath.
NOTARY PUBLIC:
� i►�� IGfAEI RELAYZf
� �= Not+ry Rublic•Shte of floridi
�SlgfTatUf ` �• Commissian N HH�O7I50
��ac�� My Comm.Expires feb 23,2019
��rA�L lZ g L A`/ Z� �^ded through N�tionil Not�ry Assn.
r
(Print Name)
My commission expires: o z zX 'zozy
�18
Docusign Envelope ID:7D916A37-OF73-4COF-8A6D-EEFF3DE33639
� ' �,�, � � INVOICE
� ,
: ,�=��-6 �� �� Professional Stone Design LLC. INV0002165
�•'M
8481 SW 35th terr. MIAMI,FL 33155 DATE
`:�.;,.;�,e .� '� (305)-549-4681 08/07/2025
���,��, �;�
r� �rx cre�,r� r
����'� tropi80@hotmail.com
AMOUNT DUE
�v�C����
USD$138,000.00
CLIENT
LINCOLN ROAD 1111
ashleywatson@miamibeachfl.gov
irEMS AMOUNT QTY TOTAL
--- LINCOLN RD. PEDESTRIAN --- $138,000.00 1 $138,000.00
(APROX.49.000 square feet).
1- PROTECTION OF GREEN AREAS.
2- DEEP CLEANING WITH A PRESSURE MACHINE AND SPECIAL PRODUCTS FOR THAT TYPE OF STONE.
(THIS CLEANING WILL BE DONE AT NIGHT, BETWEEN 12:00 AM TO 6:00 AM)
(PRODUCTS TO USE ARE DETERDEK AND ORGANIC DETERGENT)
3- DEEP CLEANING OF THE MAIN FOUNTAIN WITH SPECIAL POLISHING AND SANDING FOR THESE TYPES OF STAINS.
4- BASE PREPARATION FOR GREATER FIRMNESS.
(IF THE REPAIR HOLE IS LARGER THAN 3 X 3 FEET,A COMPACTION MACHINE WILL BE USED)
(COMPACTION WITH LIME ROCK)
5- REPAIR OF MORE THAN 100 HOLES AND CRACKS.
(NECESSARY MATERIALS: SAND TOPPING MIX)
6- INSTALLATION OF STONES IN NECESSARY AREAS.
(REMOVED STONES WILL BE RE-USED IN THE REPAIRED AREAS)
7- PLACE GROUT IN NECESSARY AREAS.
(NECESSARY MATERIAL: RAPID SET GROUT WILL BE MATCHED TO EXISTING GROUT)
Docusign Envelope ID:7D916A37-OF73-4COF-8A6D-EEFF3DE33639
ARTICULO AMOUNT QTV, TOTAL
S- FINISH WITH A HIGH QUALITY, PENETRATING SEALER COAT.
(NECESSARY MATERIAL:SUPREME SEALER EAGLE)
*THIS QUOTE INCLUDES ALL MATERIALS NEEDED FOR THIS PROJECT AND INCLUDES TRASH REMOVAL.
*THE CITY OF MIAMI BEACH NEEDS TO PROVIDE:
-WORK AREA CAUTION SIGNS
- MISSING STONE IF THE AREA TO BE REPAIRED EXCEEDS 5 X 5 SQUARE FEET
* ESTIMATED WORK TIME IS 6 TO 7 BUSINESS WEEKS
* PAYMENT SCHEDULE:
-50% PAYMENT DUE UPON CONTRACT EXECUTION
-25% PAYMENT DUE AT 4 WEEKS
-25% PAYMENT DUE AT COMPLETION OF PROJECTION
* ALL PAYMENTS TO BE MADE ELECTRONICALLY(ACH)TO:
ACCOUNT NAME: PROFESSIONAL STONE DESIGN lLC
BANK NAME: BANK OF AMERICA
ROUTING NUMBER: 063100277
ACCOUNT NUMBER: 229058471116
TOTAL $138,000.00
AMOUNT DUE
USD $138,000.00
Docusign Envelope ID:7D916A37-OF73-4COF-8A6D-EEFF3DE33639
2025-33837
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIQA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER TO WAIVE, BY 5/7TH
VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, IN
ACCORDANCE WITH SECTION 2-367 OF THE CITY CODE, FINDING
SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND
AUTHORIZING TNE CITY MANAGER TO EXECUTE A PROFESSIC?NAL
SERVICES AGREEMENT WITH PROFESSIONAL STONE DESIGN LLC.,
TO PR(�VIDE SERVICES INCLUDING ACID WASHING AND CLEANING
OF SIDEWALK STONES AND FISHPOND AT THE 1100 BLOCK OF
LINCOLN ROAD, USING PREVIOUSLY APPROVED FUNDS IN FISCAL
YEAR 2Q25, IN THE NOT TO EXCEED AMOUNT OF �140,000.
WHEREAS, at the May 21, 2025 City Commission meeting, the Pedra Portuguesa
sidewalk maintenance item (C4J)was separated for discussion by Commissioner Kristen
Rosen Gonzalez; and
WHEREAS, the item was discussed at length, and a motion was made to include
$140,000 for sidewalk repair in the Capital Budget Amendment(R7F), which passed 7-0;
and
WHEREAS, the Capital Budget Amendment item, including the Pedra Po�tuguesa
repair, was adopted by Resolution No. 2025-33683 by a 7-0 vote during the same meet-
ing; and
WHEREAS, since its contract with UtA Management, LLC terminated in 2019, the
City has led maintenance of the 1100 block of Lincoln Road, including the stone sidewalk
and adjacent fishpond; and
WHEREAS, ouer the last six years, City contractors have performed routine
maintenance on the sidewalk; and
WHEREAS, in early 2024,the City engaged Team Contracting for significant stone
restaration and repair work at a total cost of$227,525; and
WHEREAS, Pedra Portuguesa paving, while aesthetically pleasing, presents sig-
nificant maintenance challenges due to labor-intensive upkeep, costly skilled repairs, vul-
nerability to damage, and safety hazards when wet.
WHEREAS, City staff and UTA Management met in early 2025 to discuss potential
solutions for repairing ar replacing the stones and adjacent fishpond; and
WHEREAS, following that meeting, UTA Management provided a proposal dated
Navember 2�, 2Q24 from Professional Stone Design LLC in the amount of $138,000,
covering nighttime pressure-washing, crack and hole repairs, missing-stone replacement,
grout installation, and sealer application; and
Docusign Envelope ID�7D916A37-OF73-4COF-SA6D-EEFF3DE33639
WHEREAS, Professional Stone Design LLC was the original installer and has the
most extensive knowledge of this Pedra Portuguesa installation; and
WHEREAS, City staff also received a quote dated May 11, 2023 from Arquigreen
Corp. for complete resurfacing and material replacement on the 1100 block of Lincoln
Road, totaling $420,400, not including annual maintenance; and
WHEREAS, after review, City staff recommended engaging Professional Stone
Design LLC for the repair work due to their extensive knowledge and familiarity with the
Pedra Portuguesa sidewalk; and
WHEREAS, under Sections 2-366 and 2-367 of the City Code, the City Manager
may waive bid requirements for construction-related services up to $300,000.
NOW, THEREFORE BE IT DULY RESOIVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Ciry
Commission hereby accept the recommendation of the City Manager to waive, by 5/7th
vote, the formal competitive bidding requirement, in accordance with Section 2-367 of the
City Code, finding such waiver to be in the City's best interest, and authorize the City
Manager to execute a Professional Services Agreement with Professional Stone Design
LLC., to provide services including acid washing and cleaning of sidewalk stones and
fishpond at the 1100 block of Lincoln Road, using previously approved funds in Fiscal
Year 2025, in the not to exceed amount of$140,000.
PASSED and ADOPTED THIS a3 day of �k� 2025.
.---- -
ATTEST: �
�t�� � r ��Z� even Meiner, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
;
, �_
, .� 1 . �.� � -
c�ey�►ao�,� o.a
Docusign Envelope ID:7D916A37-OF73-4COF-8A6D-EEFF3DE33639
Resolutions -C7 AJ
�/1 I A�it I B EA�H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: July 23, 2025
TITLE: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO WAIVE, BY 5/7TH VQTE, THE FORMAL GOMPETITIVE 81DDING
REQUIREMENT, IN ACCORDANCE WlTH SECTION 2-367 OF THE CITY C�DE,
FINDING SUCN WAIVER TO BE IN THE CIT('S BEST INTEREST, AND
AUTHQRIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH PROFESSIONAL STONE DESIGN LLC., TO
PROVfQE 5ERVICES fNCLUQING ACID WASHING AND CLEANiNG OF
SIDEWALK STQNES AND FISHPOND AT THE 1100 BLOCK OF LINCC�LI4 ROAD,
USING PREVIOUSIY APPROVED FUNDS IN FISCAL YEAR 2025, IN THE NOT
TO EXCEED AMOUNT OF $140,000.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
At the May 21, 2025 City Commission Meeting,the Pedra Portuguesa sidewalk maintenance item
(C4 J} was separated for discussion by the sponsoring Commissioner, Kristen Rosen
Gonzalez. The item was discussed at length, and a motion was made by the sponsor to include
funding in the amount of$140,Q00 for the repair of the sidewalk,in the Capital Budget Amendment
(R7 F),which passed 7-0. The Capital Budget Amendment item, including the Pedra Portuguesa
repair,was subsequently adopted by Resalution (2025-33683)7-0 during the same meeting.
The Ciky has taken the lead in maintaining the 1100 BJock of Lincoln Road since its contracf with
UTA Management, LLC(UTA Management),terminated in 2019. Maintenance inGudes upkeep of
the sidewalk material made of stones, and the adjacent fishpond.
Over the last six years routine maintenance of the sidewalk has been performed tay City
contractors. However, in early 2024, the City engaged Team Contracting to periorm significant
SEone restoration/repair work for a total $227,525. The Pedra Portuguesa, while aesthetically
pleasing, does present significant maintenance challenges. Tl�e following reasons outline why it
is so expensive to maintain and repair this specialty paving� labor-intensive upkeep,costly repairs
(due to need for skilled craftsmen to re-set paving stones}, vulnerability to damage (can crack,
sink, and become discolored due to temperature changes), safety concerns {worn stones can
become slip hazards when wet).
City staff and UTA Management met early this year to discuss potential solutions to repairtreplace
said stones and adjacent fishpond. Following the meeting, UTA Management provided the City
with a proposal of services (quote dated IVovember 20, 2024, Attachment A) from Professianal
Stone Desfgn LLC., in the amount of$138,Q00, which includes deep cleaning during nighttime
hours with a pressure-washing machine and special cleaning products suitable for the type of
stone, deep cleaning of the main fountain, repair of ail holes and cracks, the replacement of any
missing stones in-kind to match the original surfacing, installation of grout where necessary, and
Docusign Envelope ID:7D916A37-OF73-4COF-SA6D-EEFF3DE33639
the application of a sealer coat to protect the stones. Professional Stone Design LLC was the
original contractor and therefore, has the most extensive knowledge of this installation.
City staff was also in receipt of a second quote from Arquigreen Corp. (quote dated May 11,
2023), for complete resurFacing, and replacement of materials of the 1100 Block of Lincoln Road
Mall (Attachment B), in the amount of$420,400, not including yearly maintenance.
Upon City staffs review of all of the available information, it recommended that the orig�nal
installing contractor, Professional Stone Design LLC be engaged to provide the repair worlc
needed, considering their extensive knowledge and familiarity with the Pedra Portuguesa
sidewalk located on the 1100 Block of Lincoln Road Mall.
Under the City of Miami Beach's Code of Ordinances, Section 2-366 and 2-367,the City Manager
has the authority to waive the bid requirements for construction-related services, up to$300,000.
FISCAL IMPACT STATEMENT
$140,000 Account 011-0840-OOQ325.
Does this Ordinance reauire a Business Imaact Estimate?
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate(BIE)was published on:
See BIE at: https:/lwww.miamibeachfl.qovtcity-hall/citlr-clerk/meetinq-notices/
CONCLUSION
The Administration recommends for the City Manager to exercise his authority to issue a bid
waiver in an amount not to exceed $140,000 and to engage Professional Stone Design, LLC to
perform the required maintenance and repair of the Pedra Portuguesa sidewalk.
Applicable A�ea
South Beach
Is this a "Residents Ris�ht to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Proiect?
Yes No
Was this Aqenda Item initiallv re4uested tiv a lobbvist which, as defined in Code Sec. 2�81,
includes a principal enqa�ted in lobbving? No
If so, specify the name of lobbyist(s) and principal(s):
Deaartment
Public Works
Sponsor(sl
Commissioner Kristen Rosen Gonzalez
Docusign Envelope ID:7D916A37-OF73-4COF-8A6D-EEFF3DE33639
Co-saonsor(s)
Condensed Tide
Accept Rec, Acid Wash/Clean Sidewalk Stones& Fishpond At 1100 Biock of Lincoln Rd. PW
5/7
Previous Action (For City Cls�k Use Only)
Docusign Envelope ID:7D916A37-OF73-4COF-8A6D-EEFF3DE33639
+ �- � FACTURA
: � � Professional Stone Design LLG. �Nv0002�0�
-�;'"- 14470sw 96th terr. miami,fl 33186 FECHA
-��.. . (305}-549-4681 11(20/2024
� _,<>�re s��. .' '�.�7
���� ;� tropi80@hotmail.com 5ALD0 DEUDOR
�' :�'� ��M�* . �
USD$138,000.00
CIiENTE
LINCOI.N 1111.
C 3Q5 370 5086.
wchung@uiamanagernentcam
ARTICUIQ TARIFA CA�
-- PEDESTRIAN LINCOLN RD. $138,000.00
(APROX.49.000 square teet.)
1- Protectioe�of green areas for their care,
2- Deep cieaning w'rth a pressure machine and special products for that type of stane.
This cieaning wili be done at night, meaning ciean+ng will be done 12:00 am to 6:00 am.
(deterdek and acid cleaning praducts).
3- Qeep cleaning of the main fountain with special poiishing and sanding for these types of
stains.
4- Base preparation for greater firmness.
If Ehe repair hole is larger than 3"x 3"feet, a compaction machine will be used.
{compaction with fine rock.}
5- Repair of more than 100 holes and cracks.
{ necessary materials sand topping mix).
6- Instatlation of stones in�ecessary areas.
(the same stone will be usedl.
7- Placing Grout in necessary areas.
( We will use grout RAPID SET to combine the same color.)
„:�.� ,�_ ��...�-.��,.���u .,��,,.-.-�..�,,�.�:,5.. .� .,� .,_ -.. - . .A�.,-„�r.
Docusign Envelope ID:7D916A37-OF73-4COF-SA6D-EEFF3DE33639
ARTICULO TARIfA CA�
8- Finishing with a good quality sealer coat.
( Supreme Sealer EAGLE.)
• THIS QUOTE INCLUDES ALL MATERIAIS NEEDED FOR THIS PROJECT AND INCIUDES
TRASH.
'• THE CITY OF MIAMI BEACH.. ( you will need to provider p�otection, and also if mo�e stones
are necessary).
*•”' ESTIMATEQ WORK TIME OF 6 io 7 BUSINESS WEEKS.
•*' HE ADVANCED FROM 5096 WHEN SIGNING THE CONTRACT.
.::.�.........�::::.«.:+.. 259', AT 4 WEEKS WORK STARTED.
«s..:..:.......,�#.,.«�.:*. 25%FINISHED.
TOTAL $138,000.00
SALDO DEUDOR USD $138,000.00
Docusign Envelope ID:7D916A37-OF73-4COF-8A6D-EEFF3DE33639
�:
DATE hiay 11,2023
�� 11��I�G��N Q�o���� MBz�,
� Customer ID MiamiBesch
Quotat�ar vatrd unhl. May 31,2023
TFe hatura��ttne�aa,s;�r:,w'°.�,,.�9,� P�apared by. Carb Odo�m
Arquigreen Corp. � '
6130 NE dth Ct
Miam�.FL.33137
Phone 305-778-5961 Fax 305-758-9Q71
BIII to: Miaml Beach
Job bcation: 1111 lincdn Rd.
Gomments or special instn�ctbns:
Pnces mch�des Mater,al dehvery,inst�iation.matenaf settirag Pedra Portuguesa,labor,grou?,finai deaning,sales tax VUorkmens comp and Liabiirty ins up to S
2 Milhon
1111 �incoln Rd. Mall -Surface repairs 8� upgrade
Qua�tity U.M. L)eseriptlon Prkat AMOUNT
Areas that need complete rcsurtacing
Removal and d�posak of existing pavers instafl�new stones.ax�d groutng.
7,500.00 Si Cabrs Black and White S 40 QQ S 300.Q00.�
(area removed and re-+nsta8ed is bgger than esch�ndrv�dual patch.because we need ta assure
structura!co�tiguityl
Cleaning,grout repair and seai
3Q.100 00 Sf Specla!cieani�g with specrf�rc d�te�ent a�d brushes.grout repair(where needed} a�d sea7�ng with g y pq g t 24 400 Q0
itahan techrtealogy impregna4ng Sealer
TQTAL 42Q A4
(5afes Tax Incfuded!
ANNUAL MAINTENANCE
Annuaf macnte�anee
-j Every th�ee rnonthy special cieanirt�wrth specfic detergent and brushes,remsta0 of p�eces a grout
30,tQ0.00 Sf repair 5 4 00 S 120 d00.00
-�Ortce a year�t fndudes akso seabng with ltalia�Oechnol�gy impregnahng sealer
DE�IVERY TlME
Material Iead hme,es6mated m about 14l12 weeks after order confKmatwn
irn�al work,to be executed m about$/10 weeks
EXCLUSIONS
Barncades,signs sequfrify eqwpme�t,i�hUr�g,sto�e handl�ng From storage to final pb s�te pos�dvn
NOTE:
Pncmg calcuiated on the assumpdon of cont�uous mstaUaUon at�obs�te,with no interruptrona
In case of mob�hzation of crew,mob�lizadon costs will be appiied
U pon artivat from overseas,material w�f be bfought to�obsite.In case there is lack of staraping capab�ity at site,mate►�ai wdl be warehoused,costs b�Ned
Pnces calculated+Mth fre�ghts valid at the date of 5131 r23-!n case of increase,drtference wiN be bdied
CONDITION OF PAYMENT
5��wrth P O for new import of su�stitute stone
25°.G 30 days after starting
25°k at complet�t�on
This pnce exGudes.pertnrts,permit fees,exped�ter
Docusign Envelope ID:7D916A37-OF73-4COF-SA6D-EEFF3DE33639
MIAMI BEACH � ���
N/A THE ACID WASHING AND CLEANING OF SIDEWALK STONE AND FISHPOND AT THE 1100 BLOCK OF
LINCOLIN ROAD
PROFESSIONAL STONE DESIGN LLC PUBLIC WORK,S
Joh�Norris Q �ti �� David Martinez Z
Type 1-Contract,amendment,change order,or task order resuiting from a procurement-issued comp titive solicitation.
X Type 2-Any other contract,amendment,change order,or task order that does not result from a procurement-issued competitive solicitation.
Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement
Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement
Type 5-Grant agreements with the City as the grentor Type 8-Othec
� _ _--._ ___._.. ___ _. ---_..— ------- - --_ ---------------- _._... _ _ --- -----
- — — ------------- ------------_.--
On May 21,2025,at the Commission meeting,the Pedra Portuguesa sidewalk maintenance item(C41)was separated for discussion by
Commissioner Kristen Rosen Gonzalez.The item was discussed at length,and a motion was made to include$140,000 for sidewalk
repair in the Capital eudget Amendment(R7F), which passed unanimousiy with a 7-0 vote.The Capital Budget Amendment item,
including the Pedra Portuguesa repair,was adopted by Resolution No.2025-33683 during the same meeting.
Pedra Portuguesa paving, while aesthetically pleasing, presents significant maintenance challenges due to labor-intensive upkeep,
costly skilled repairs,vulnerability to damage, and safety hazards when wet, City staff and UTA Manageme�t met in early 2025 to
discuss potential solutions for repairing or replacing the stones and adjacent fishpond, following that meeting, UTA Management
provided a proposal dated November 20, 2024 from Professional Stone Design LLC in the amount of$138,000,covering nighttime
pressure-washing,crack and hole repairs,missing-stone replacement,grout instaliation,and sealer application.
Professional Stone Design LLC was the original installer and has the most extensive knowledge of this Pedra Portuguesa installation;
City staff also received a quote dated May 11,2023,from Arquigreen Corp.for complete resurfacing and material replacement on the
1100 block of Lincoln Road, totaling$420,400, �ot inciuding annual maintenance, after review, City staff recommended engaging
Professional Stone Design LLC for the repair work due to their extensive knowledge and familiarity with the Pedra Portuguesa sidewalk.
An Agreement with Professional Stone Design LLC has been finalized and form-approved by the City Attorney's Office.eased on the
justification stated herein and pursuant to Resolution No.2025-33837,this item seeks the City Manager's signature on the Professional
Services Agreement(PSA�with Professional Stone Design LLC for the acid washing and cleaning of sidewalk stone and the tishpond
located at the 1100 block of Lincoln Road.
i
6 months 1 12 months
Grant Funded: � Yes�x No State Federal Other:
�
i i�—
1 ; $138,000.00 160-0840-000325-29-403-521-00-00-00- Yes x No
( *Contingent upon approval of
� the requested FV2025 to FY2026
rollover request**
1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed.3.Budget
approval indicates approval far the current fiscal year only. Future years are subject to City Commission approval of the annual
adopted operating budget.
City Commission Approved: Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
_----—
If na,explain why CC approval is not required:
legal Form Approved: Yes No If no,explain below why form approval is not necessary:
Docusign Envelope ID:7D916A37-OF73-4COF-SA6D-EEFF3DE33639
Budget: ion Technology: N/A
Tameka Otto Stewart 1'��Offo Shw,�t 10/29/2025� 8:01'���
C4��a=6oE�.aa
isadora Gonzalez a.s .,>
��,.�G..y..�., 10/29/2025� 12:�PM EDT
< ,a�.-�--
Risk Management: �F�� , Fleet&Facilities: N/A
Marc Chevalier
�p(,�,,,�(;� 10/30/2025� 9:2�AM EDT
Human Resources: N/A Other:
Rev.3/�5