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HomeMy WebLinkAboutReso 2021-3245RESOLUTION NO. 2021 -37 -46- A 021 -37-46- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH SUMMA MECHANICAL CONTRACTORS, LLC. d/b/a SMC AIR CONDITIONING FOR AIR CONDITIONER PREVENTATIVE MAINTENANCE SERVICES, IN AN AMOUNT NOTTO EXCEED TWENTY-SEVEN THOUSAND DOLLARS ($27,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 2, 2018, the City Manager executed an Agreement with Summa Mechanical Contractors, LLC. d/b/a SMC Air Conditioning ("Contractor") to provide preventative maintenance for air conditioning units located at Pelican Community Park ("Services"), in an amount not to exceed $48,550.00, which included an $8,000.00 contingency; and WHEREAS, due to the COVID-19 pandemic, the City desires to improve the air quality circulating through its facilities for the benefit of its employees and visitors; and WHEREAS, the City Commission wishes to approve a First Amendment to the Agreement with SMC Air Conditioningto provide additional air conditioner preventative maintenance services and related equipment, in an amount not to exceed Twenty -Seven Thousand Dollars ($27,000.00), which includes an additional Twelve Thousand Dollars ($12,000.00) as contingency, bringing the total contract amount not to exceed Seventy -Five Thousand Five Hundred Fifty Dollars ($75,550.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of First Amendment. The City Commission hereby approves a First Amendment to the Agreement with SMC Air Conditioning to provide additional air conditioner preventative maintenance services and related equipment, in an amount not to exceed Twenty - Seven Thousand Dollars ($27,000.00), which includes an additional Twelve Thousand Dollars ($12,000.00) as contingency, bringing the total contract amount not to exceed Seventy -Five Thousand Five Hundred Fifty Dollars ($75,550.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said 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. The Resolution shall become effective upon adoption. @BCL@640A137C.doc Page 1 of 2 PASSED AND ADOPTED this 14th d ,I ATTEAT: ''A I Ma iricio Be ancur, CMC, City Clerk mber 2021. Larisa Sve in, Mayor APPROVED AS O FORM AND LEGAL SU NCY: ~.Edward A. Dion, City Attorney Moved by: &A/16Mee-Secondecl by: Vote: Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra ✓(Yes) (No) (Yes) (No) (� (Yes) (No) (Yes) (No) @BCL@640A137C.doc Page 2 of 2 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SUMMA MECHANICAL CONTRACTORS, LLC D/B/A SMC AIR CONDITIONING CONTRACT NO. 6523-113 This First. Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City') and SUMMA MECHANICAL CONTRACTORS, LLC, DIBIA SMC AIR CONDITIONING, ("Contractor) executed this ffO� day of Sc- 1 ,2021, is made a part of the original Agreement dated October 2, 2018 ("the Agreement"), attached hereto as Attachment "A", between the City and Contractor, The City and Contractor hereby agree as follows: I . EFFECTIVE DATE OF AMENDMENT. The effective date of this First Amendment shall be October 3, 202 1. 2, COMPENSATION. Effective October 3, 2021, the parties agree to amend Section 4 of the Agreement to provide that the annual compensation amount shall be in an amount not to exceed Fifteen Thousand Six Hundred Ten Dollars ($15,610.00) per year. The parties further agree to amend the contingency for additional services by an additional Twelve -Thousand Dollars ($12,000,.00), The aforementioned compensation brings the total compensation amount not to exceed Fifty -Five Thousand Five Hundred Fifty Dollars ($55,550,00). The additional contingency brings the total contingency to an amount not to exceed Twenty Thousand Dollars ($20,000.00). Thereby increasing the total contract not to exceed amount to Seventy -Five Thousand Five Hundred Fifty Dollars 3. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Veri.61 system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 449.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract ten -n. Further, Contractor must also require and -maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.everify.govlernployers/enrolliiig-in-e-verify) and follow the instructions. The Contractor must retain the 1-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "B'% 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties dated October 2, 2018, shall remain in full force and effect. 5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent teens, statements, requirements or provisions contained in any other document or attachment, including, but not limited to Attachment "A7 and "B", IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. WITNESS: Signature PriI-it xraIII A ." m E.3 Department Head 2 SUMMA MECHANICAL CONTRACTORS, LLC. D/B/A SMC AIR CONDITIONING. BY: Andres Garcia, CEO CITY OF N Y ISLES BEACH BY: Larisa Svechin, Mayor AP R VED TO FORM AND LEGAL IC C BY: Edward A. Dion, City Attorney of wKr itl i AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SUMMA MECHANICAL CONTRACTORS, LLC r• LOtL'1' DIBIA SMC AIR CONDITIONING CONTRACT NO. 6523-113, i THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this day of .2018 by and between the CITY OF SUNNY ISLES BEACH, (hereinafter referred to as "City"), and•SUMMA MECHANICAL CONTRACTORS; LLC D/B/A SMC AIR CONDITIONING, a Limited Liability Company authorized Ito do business in the State of Florida .(hereinafter referred to as "Contractor") whose Federal T.D. # is 20-4641281. RECITALS WHEREAS, the City is in need of a Contractor to provide unit preventative maintenance for the following equipment located at Pelican Community Park: three (3) air handlers,two (2) pumps and six (6) VFDs ("Services"); and WHEREAS, the Contractor is qualified, willing and able to provide the Services as more particularly described in Attachment "A", which is attached hereto and incorporated herein by reference; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Forty Eight Thousand Five Hundred Fifty Dollars ($48,550.00), in accordance with Attachment "A". NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are 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 agrees to perform the Services as more particularly described in Attachment "A". The Services shall be performed by Contractor to the reasonable satisfaction of the City. -Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner to perform Services. 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 consistent with the type and scope of work to be performed. ' 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 10 hereunder, the term of this Agreement shall commence upon Notice to Proceed issued by City Manager or designee and terminate no later than five (5) years from date of issuance of the Notice to Proceed. The initial term shall be for five (5) years with an option to renew for an additional one (1) year term which shall be contingent upon City approval. Attachment "A" 4. COMPENSATION. During the term of this Agreement, Contractor agrees to provide the desired Services to the City for an annual total amount not to exceed Eight Thousand One Hundred Ten Dollars ($8010.00); in addition to a contingency for additional servicesl.in the amount of Eight Thousand Dollars ($8,000), bringing the total contract amount not to exceed Forty Eight Thousand Five=Hundred Fifty Dollars ($48,550.00) for all charges and tasks under this Agreement. Payment to Contractor for all chargesand tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment 4% and under the following conditions: a. Disbursements. There are no reimbursable expenses associated. with this contract. b. Payment Schedule. Annual payment under this Agreement shall be paid quarterly in a lump sum to be paid in advance of Services. Invoices received from the Contractor pursuant to this Agreement will hereviewed 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. The City will pay properly submitted Contractor invoices within thirty (30) days of receipt, for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. 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. i 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor ;is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed -to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than [as an independent contractor other than those obligations which have been -or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performuig its duties as contemplated under this Agreement. The City shall not be responsible for any expense �� 113-6523 SUMMA MECHANICAL CONTRACTORS LLC DB/A SMC AIR CONDITIONING wj incurred by the Contractor. The City shall have no duty to withhold any Federal income faxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall -furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents as maintenance reports prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 7. 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/Operations, .Products/Completed Operations, Contractual, Independent Contractors, Personal Injury and Property Damage liability' with minimum limits of One' Million Dollars ($1,000,000.00) per occurrence. ❑ 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, One Million Dollars ($1,000.000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. 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 Citykwith 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 reasonably acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled .ori altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub -contractors providing services hereunder (if any) procures and maintail, 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. 1134523 SUMMA MECHANICAL CONTRACTORS.LLC D/R/A SMC AIR CONDITIONING , 8. WARRANTY OF SERVICES. 8.1 The Contractor shall warrant the labor performed for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 8.2 Contractor warrants to the City that all materials and equipment furnishcd' under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 8.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All matmiA and equipment flim" ishod hall he €a11ua -4 d"# and war aaahip, At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. 9. DEFECTIVE WORK. 9.1 The City or its designee shall have the authority to reject or disapprove. work which is found to be defective. If defective work is found, Contractor shall promptly either correcf all defective work or remove such defective work and replace it with non -defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost .of testing laboratories and- personnel. ndpersonnel. 9.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any eNDense incurred by the City in making such removals, corrections or repairs, shall bre paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. 9.3 If, within one (1) year after the date of completion of Services or such ionger period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provisioh(s) of 113-6523 SUMMA MECHANICAL CONTRACTORS LLC D/B/A SMC AIR CONDITIONING this Agreement, any of the work is found to be defective or not in accordande with this Agreement, Contractor, after receipt of written notice from the City or its designee, . shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to : establish a period of Iimitation with respect to any -other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 9.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. 9.5 Where the City or its designee becomes aware of faults, defects or non -conformity in any of the work provided under this Agreement or with the work E being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City] or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. 10. TERMINATION AND REMEDIES FOR BREACH, A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, -the City shall notify the Contractor of its violation bf 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.r fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub -Contractor (s)) sliall 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 ofCity.TheCitymay,for its convenienceandt with cause terminate the Services then remaining to be performed at any time by `giving 113-6523 SUMMA MECHANICAL CONTRACTDRS LLC D/B/A SMC AIR CONDITIONING • i Contractor twenty (20) ten ( 9) days written notice. The terms of Paragraph A(i) and A(ii) above shall be applicable hereunder. j 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 eiiher in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. r 11. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL., This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residepcy or other jurisdictional device. In the event of litigation involving this Contract the prevailing his gwome„t .,.,d the, City is the r;ailing " th the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which 11 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. 13. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, fust 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 oyf$gi& (*very by tradiftftWqg1ftA courier service), addM t%#ygb:party as follows: City Manager City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Hans Ottinot City Attorney City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766 I IS-OJL} SUMMA MM;HAN1UAL I:UIV 1 KAUIUKS LLC DB/A SMC AIR CONDITIONING z If to the Contractor : Summa Mechanical Contractors, LLC d/b/a SMC Air Conditioning Attn: Andres Garcia; CEO ' 5071 S. State Road 7, Suite 704 Davie, FL 33314 ; Tel: (954)562-8161 Email: Davi4@snicae.com ; 14. 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. 15. 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. . . 16. NON-DISCRBUNATION. 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 ViIIiof 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.affinnative pefile.n. fee ii -is, . 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 thte City setting forth the provisions of this non-discrimination clause. The Contractor agrees tocomply 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 agairist the handicapped in any Federally assisted program. 17. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entityithat 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 mote 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 withActivities 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 jin 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 113-6523 SUMMA MECHANICAL CONTRACTORS LLC D/B/A SMC AIR CONDITIONING 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 Florida Statute Section 215.4725. 18. 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 Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, 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 could 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 be 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. 19. INDEMNIFICATION AND WAIVER OF LIABILITY. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of services pursuant to this Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or, harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 20. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: (i.) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Contractor shall provide the City with a copy ;of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.) Contractor shall ensure that public records that are exempt or confidential and ecempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. (iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. 'If the Contractor transfers all public records to the City: upon completion of the contract, the Contractor shall destroy any duplicate- public records il}at are 113-6523 SUMMA MECHANICAL CONTRACTORS LLC D/B/A SMC AIR CONDITIONING exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be - provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. -.. f IF THE CONTRACTOR HAS - QUESTIONS 'REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 41 Floor, Sunny Isles Beach, Florida 33160. 21. 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. r C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. { D. Each individual executing this Agreement on behalf of a party hereio hereby represents and warrants that he or she is, on the date he or she signs this Agreement; duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. E. This Agreement contains the entire agreement of the parties, and may be ameinded, waived, changed, modified, extended or rescinded only by in st writing signed by the party again whom any such amendment, waiver, change, modification, extension and/or rescission is sought. F. 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. i G. If there is a conflict or inconsistency between any terns, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, .or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement 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". 113-a23 SUMMA MECHANICAL CONTRACTORS LLC DB/A SMC AIR CONDMONI NG -IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: Print Sign Name SUMMA MECHANICAL CONTRACTORS, LLC D/B/A SMC AIR CONDITIONING BY: Andres Garcia, CEO ATTEST: CITY OF SUNNY ISLES BEACH BY: BY: Mauri 'o Efetanclir, CMG, City Clerk Christopher J. Russo, City Manager BY;. Lf 4�.. Department Head APPROVED, LEGAL SUFI . 10 113-6523 SUMMA MECHANICAL CONTRACTORS LLC DA31A SMC AIR CONDITIONING t�gr8t6bRERiIOERA7WN ' Licensed & Jr—d CMCI249636 r Customer/Company: Susan Simpson / City of Sunny Isles Service Address: 18115 N Bay Rd City: Sunny Isles Beach State: FL Zip Code. 33160 We are pleased to offer the following proposal as described below in accordance with the terms and 1conditions described herein: SCOPE OF WORK - Add -on: Five (S) year Unit preventive maintenance (Bi -Monthly) Total $40,550.00 - Includes the following equipment -Three (3) air handlers, two (2) pumps, and six (6) VFDs *Emergency phone calls NOT covered under this agreement st-monthly a Clig o of rttplaekt atr 111hrs If dogged or dhtyT oat pemtanant f3itiem with all after deart1n9,.an4, ehaage fins fitters when pressure drop 1s 1 tn. Wfl. r / ttelubrit ate to bearlaiis If necessary. • Check and eklivst fart belt terWoru r Lvery three to a Cftteckfan be"Mil lease tine k oarsarttoas. e8 a to gt. shat roontds a Clrcwk beadeg and motor bracket butt torque ane bearing setscrew torque. • Allp tan and motor sheav9s. Tighten sheave set screws to the proper torque. • Iospect and Clean draln para. / Tighten etectrtcal eonn"Vens. • Clean the (an whets and fan shaft. • Inspect and dean drain pans. • Check dumper drdwgesr sat strews, and blade adjustmenL • clean dwaper oparatom / Imrped deds .al components and Insulation. / Inspect rasing for damage. • Rotate the fan wheel and check for obstructions to the fan housing. the wheel should not rub on the fan housing. Adjust the Water It necessary and tighten whed set screws to the proper torque. • t ubftcate motor kkwings in scoardanoo with molar ntanulakxttned reaommenda*ns (sae the "f u Rearing • Ch*O condition of gaskong end Insulation around unk, door and dampers. All work will be performed according to the above scope of work, say deviation from such involving changes and extra cast, will be executed only upon written, signed change order and will be subject to charge over and above this proposal price. A finance charge of 1.5% (18 % yearly) will be charged on bataacc over 30 days. All material supplied by SMC Air Conditioning shall remain property of SMC Air Conditioning until the contract work plus any work has been paid. Cost incurred as a result of non-payment, including court cost, late fess, collection fees, attorney fee, etc will be paid by the customer. Summa Mechanical is not responsible for any existing code violations. I' Acceptance of Proposal: Must be provided within fifteen business days of proposal date. The above prices, specifications.and conditions are satisfactory and are hereby accepted. SMC Air Conditioning is authorized to do the work as specified. Payment will be made as state above. 11 Phone: (954) 562-81611 Fax: (954) 434.01881 E-mail: sales@smcac.com '' Page 1 oft SMC Air Conditioning 16071 S. State Rd 7 STE 705 Davie, FL 33314 Customer Initials ATTACHMENT "A" PROPOSAL . Date: July 16, 2018 os aQu itenwd & Insured r C NIC1249636 i Price. The price for the services as stated in this agreement shall be EIGHT THOUSAND ONE HUNDRED & TEN 001100 DOLLARS ($8,110.00) yearly, payable Quarterly in a lump sum in advance. r Term. This agreement is effective for live (5) years with renewable unlimited one (1) year terms starting date of signed acceptance and is subject to convenience cancellation by either party with thirty (30) days written notice for reasons of non- performance. "Non-performance" is described as our inability to remedy any deficiencies within thirty. (30) days after receiving written notification from you. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes in the following pricing index: Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W): Miami — Fort Lauderdale, FL. It is the vendor's responsibility to request4 any pricing adjustment under this provision In a Timely and Responsive Manner I We will visit your air conditioning systems on a regularly scheduled basis. These visits will be performed during normal business hours, Monday through Friday, 8:00am to 4:30pm (except for scheduled holidays). We will respond to service requests during these hours at our regular service call fee of $125.00. For all service calls, please call our dispatch location at 954-562-8161 -and a trained representative will handle your call quickly and professionally. After Houn Service Requests -On service: requests outside of normal business hours the service call fee will be $225.00. I_ CERTIFY THAT I AM AUTHORIZED TO MAKE PURCHASES PRIAPI' Np raz ON BEHALF OF THE CITY OF SUNNY ISLES Customer Signature Print Name Date i i I 4' Phone: (954) 562-8161 1 Fax: (954) 434-01881 E-mail: sales@smcac.com Page 2of2 SMC Air Conditioning 16071 S. State Rd 7 STE 705 Davie, FL 33314 Customer Initials E -Verify Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/emplovers/­enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Company Name Offeror Signature Print Name zo-g("g1212)� Federal Employer Identification Number (FEIN) C9IOedit Date CEO Title Notary Public Information Sworn to and subscribed before me on this this _day of J e e m c r 2021. By NV�dre5 6a-rC �-ci.. Lvf Is personally known to me ❑ Has produced identification (type of identification produced: Signature of Notary Public ..Oy No,Notary Public State of Florida Lillana P Florez My Commission GG 245587 06 • (C G- z 0 irin® StafAPb Public Expiration Date Attachment "B" F FFC9� 4 QF SWA City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Christopher J. Russo, City Manager FROM: Sylvia Flores, Cultural & Community Services Director DATE: September 14, 2021 RE: First Amendment to an Agreement with SMC Air Conditioning RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: In 2018, the City entered into an agreement with Summa Mechanical Contractors, LLC. for preventive maintenance on the A/C system at Pelican Community Park, to include three (3) air handlers, two (2; pumps, and six (6) variable frequency drives. Due to COVID, the City has desired to improve the air quality circulating through the facility, and a! such, has moved to MERV13 filters, which perform better at capturing smaller particles, including bacteria and respiratory droplets. These filters are more expensive, and must be replaced more often than the previous system. FUNDING SOURCE: Funds are budgeted and available in 001-6-5720-446003-60000. ATTACHMENTS: Resolution First Amendment Item Number: 10.T