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Home My WebLink AboutReso 2022-3313RESOLUTION NO. 2022 - 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH JORDA ENTERPRISES, INC. FOR INSPECTION AND PREVENTATIVE MAINTENANCE SERVICES FOR THE HVAC EQUIPMENT LOCATED IN THE GOVERNMENT CENTER, IN AN AMOUNT NOT TO EXCEED THIRTY-ONE THOUSAND FOUR HUNDRED EIGHTY DOLLARS ($31,480.00); AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 15, 2016, the City issued and advertised Invitation to Bid ("ITB") No. 16-09-02 for New HVAC Chiller Systems for the Government Center, and received six (6) bids; and WHEREAS, on March 16, 2017, via Resolution No. 2017-2675 the City Commission awarded ITB No. 16-09-02 to Jorda Enterprises, Inc. ("Contractor"), and authorized the City Manager to negotiate and enter into an Agreement ("Original Agreement") with the Contractor for the New HVAC Chiller Systems for the Government Center, in an amount not to exceed $774,050.00; and WHEREAS, pursuant to the Original Agreement, Contractor agreed to provide a warranty of up to five (5) years for certain compressor and motor parts, and up to fifteen (15) years on the basin and casing for the cooling tower; and WHEREAS, the City was in need of a contractor to provide inspection and preventative maintenance services for the HVAC equipment ("Services") located in the Government Center; and WHEREAS, the City did not want to risk voiding the warranties if maintenance is performed by a third -party, and therefore, in the interest of protecting the City's investment in the new HVAC chiller system and preserving the corresponding warranty, the City Manager found that it was in the best interest of the City to retain Contractor to perform the needed maintenance services; and WHEREAS, pursuant to Section 62-12 of the City's Purchasing Code the City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so; and WHEREAS, the City Manager, after conducting his due diligence, found that it was in the best interest of the City to waive formal competitive bidding procedures, and on April 29, 2020, the City Manager exercised his authority and entered into an Agreement with the Contractor to provide the Services to the City, in an amount not to exceed $31,480.00 in order to preserve all warranties and ensure continuity of service; and @BCL@540C5C87.doc Page 1 of 3 WHEREAS, City staff negotiated the initial term of the Agreement for one (1) year with four (4) one-year (1) renewal options ("Renewals"); and WHEREAS, on April 15th, 2021, via Resolution No. 2021-3186, the City Commission approved a First Amendment to the Agreement, thereby exercising the first of four renewals, in an amount not to exceed $31,480.00; and WHEREAS, the City Commission now wishes to approve a Second Amendment to the Agreement with Jorda Enterprises, Inc., thereby exercising its second of four (4) renewal options, to provide inspection and preventative maintenance services for the HVAC equipment located in the Government Center, in an amount not to exceed Thirty -One Thousand Four Hundred Eighty Dollars ($31,480.00), for a total contract amount not to exceed Ninety -Four Thousand Four Hundred Forty Dollars ($94,440.00), 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 Second Amendment. The City Commission hereby approves a Second Amendment to the Agreement with Jorda Enterprises, Inc., thereby exercising its second of four (4) renewal options, to provide inspection and preventative maintenance services for the HVAC equipment located in the Government Center, in an amount not to exceed Thirty -One Thousand Four Hundred Eighty Dollars ($31,480.00), for a total contract amount not to exceed Ninety -Four Thousand Four Hundred Forty Dollars ($94,440.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Amendment. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 12th day of April 2022. Mauritio Betancgr, CMC, City Clerk @BCL@540C5C87.doc 44 Dana Robin Goldman, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: OQ9__�� Edward A. Dion, City Attorney Page 2 of 3 Moved by: &ffA& 55/V econded by VIM, p Vote: Mayor Goldman Vice Mayor Viscarra Commissioner Joseph Commissioner Lama -,4650-vr- Commissioner Stuyvesant ✓('Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) Yes) (No) R2022 Second Amend w Jorda Mechanical for Inspec Svcs for GC HVAC Page 3 of 3 �:_• SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND JORDA ENTERPRISES, "INC. CONTRACT NO. 2020 - 4288 This Second Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and JORDA ENTERPRISES, INC., ("Contractor") executed this 01St day of April, 2022, is made a part of the original Agreement between the parties dated April 29, 2020 ("the Agreement"), as amended, between the City and Contractor attached hereto as Attaclnnent "A" whose Federal Identification # is 59-2340702. The City and Contractor hereby agree as follows: 1. SECOND OPTION TO RENEW. The City hereby elects to exercise its second option to renew the Agreement for one (1) year as set forth in Section 4 of the Agreement. The effective date of this second amendment shall commence on April 29, 2022 and shall terminate no later than April 28, 2023. 2. ADDITIONAL COMPENSATION. Section 5 of the original Agreement between the parties is hereby amended to include additional compensation for this one (1) year renewal term in an amount not to exceed Thirty -One Thousand Four Hundred Eighty Dollars ($31,480.00), which amount includes a contingency of Ten Thousand Dollars ($10,000.00) for Additional Services as defined in the original Agreement and at the rates set forth therein. This amount will bring the total contract amount not to exceed Ninety -Four Thousand Four Hundred Forty -Four Dollars ($94,440.00). 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement, as amended, between the parties shall remain in full force and effect. 4. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions contained in this Second Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "A". IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: Signature Prhit Name M CMC, City Clerk Jorda Enterprises Inc. — Second Amendment JORDA ENTERPRISES, INC. 61) BY: 0 D el Gu as " ,, ice resident/ Project Executive CITY OF SUNNY,,ISLES BEACH BY: 40r� Dana Robin Goldman, Mayor Department Head Jorda Enterprises- Second Amendment APPROVED AS TO FORM AND LEGAL SUFFICIENCY Attachment "A" The Original Agreement and First Amendment Jorda Enterprises- Second Amendment Attachment A FIRST AMENDMENT TO THE AGREEM NT BETWEEN THE CITY OF SUNNY ISLES MUCH AND JORDA ENTERPRISES, INC. CONTRACT NO. 2020 - 4288 This First Aniondmom to the Agreement botweca the CITY 010 SVNNY ISLES BEACH ("City") and JORDA EME,111191,81i'18, INC., ("Contractor") executed this 27th day ofApril, 2021, is made a par( of the original Agreement between the parties dated April 29, 2020 ("file Agrectnont"), between the City and Contractor attached hereto as Attachment "A" whose Federal Identification 9 is 59-2340702. The City and Contractor hereby agree as follows: 1. FIRST OPTION TO RE NEI W. The City hereby elects to exercise its first. option to renew the Agreement for one (1) year as set forth in Section 4 of the Agreement- The effective date of this first amendment shall commence on April 29, 2021 and shall terminate no later than April 28, 2022. 2. ADDITIONALCONIPENSATION1. Section 5 of the original Agrooment between the patties is hereby amended to include additional compensation for this one (1) year renewal term in an amount not to exceed Thirty-One'rhousand Four Hundred Eighty Dollars ($31,480.00), which amount includes a contingency or Ton Thousand Dollars ($10,000,00) for Additional Services us defined in the original Agreement and at the rate-, set forth therein. This amount will bring the total contract amount not to execed Sixty -Two Thousand Nine Hundred Sixty Dollars (S62,960.00). 3. PROBIT MON AGAINST CONTRACTING WITH SCRUTINIZED COMI"ANW-M. Pursuant to Florida Statutes Section 287.135, contracting with any entity thai is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors musteertify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed an the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Srrutinized. Companies that Bbycott, Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment '"B". Submitting a false certification shall be deemed a material breach of contract The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninon, (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 bavo the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287-135. 4. E Florida Statute 448,095 directs, all public employers, including municipal governments, to verify the orriployindrit eligibility of all new public employers through the U.S. Deartmont of Homeland Security's F. -Verify System, and further provides that a public employer may not entor into a contract unless each party to the contract registers with and uses the E-Vorify system. Florida Statute 449,095 further provides that If a Consultant eaters into a contract with a subcontractor, the subcontractor must provide the Consultant 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, Consultant is itcluired to verify employee eligibility using the E -Verify system for all existing and new employees hired by Consultant during the contract term. Further, Consultant must also require and maintabi the statutorily required affidavit of its subcontractors. Jorda Enterprises Inc. — Vital Amendment IL is thu rwponsibility Of C:orisultant to ensure compliance witln R Verify requirements (ati altplicablu). To enroll in F; Verify, employers should visit the E -Verily wcbsito (Itt'.t)s: 4 w-W.c- veril'y.Ja��:(cmplu� cry unrulliaa+�-its-e-verity.} acid follow the instt•uctions. The Consultant must retain L•Ite 1-1 Fornis for inspection: and provide the attached F Verify Affidm-R, aaltached hereto as Attachment S. OTHER PROVISIONS. E—MAIN Illi ETTECT. Except as specifically modified herein, all teritis and conditions of the original Agreement between the parties shrill remain in full forec and effect. b. CUNI?II..XC't'a:NC PROVISIONS. The ternas; slattetnents, rcclttirentcnts, and provisions contained in this First Amendment shall prevail and be given superior stiffed and priority over any conflicting or inconsistent term, statement, requirenwalL or provision contained in any other docu rent or attachment, including but not limited to Attachment "A", "B" and "C". IN WITNESS WHEREOF, the panties hereto have executed this document as of the date mentioned above. V 1,11 l\ I SS: V--7�-,W .' Signae i fhot CC7 Print Naime F JORDA ENTERPRISE 8, INC:. BY: r e Golsay &' A'r`I' ,ST: CITY OT 'lr'r NY 1. LKS BEACH 1 -Wu—rd io Betaan ur, CMC, City Clerk George Scholl; Wqa or B Y: _ Department Head APPROVIO.1) AS TO FORM AND LEGAL SUFFICIENCY By. diaard Dion, City Attorney 7orda Enterprises- First Amendment 2 Attachment "A" The Original Agreement Jorda Enterprises- First Amendment AGREEMENT BETWEEN THE , •; �`'•• , . GC'1 Y OH SUNNY ISLE$ BEACH AND JORDA ENTERPRISES, INC CONTRACT NO. X020-4288' THYS CONTRACTUAL AG1i1-%,MENT (hereinafter referred to as the "Agreement") is made 'this day 2020, by and between' the CTW OF SUNNY ISLES BEACH; Florida; (hereinafter refeired to as "City's, and JORDA ENTERPM S, INC., a ediporation'authorizcd to do.bushicss' in the State of Florida (hereinafter refetrea to as "Contractoe) whose Federal 1.6. # is 59-2340702, , f' RECITALS WHEREAS, the City is irl rived of a Contractor to provide inspections and proventative maintenance services to the HVAC equipment located in Government Center .located at 18070 Collins Avenue ("Sctrices"); and. ' WHEREAS, in March of 2017., after a competitive bidding process, the City catered into an agteetne 1 wtilb the Cgntrdctor t9 furnish and instals a ngw.1-1V ' chiller system at the Government (;enter; and W1 WRKAS, the City Manager, after conducting his due diligence, believes that it is in tho'best interest of lho City to enter into an agreement with Contractot to also maintaib the equipment the Contractor inslallcd, to easbro continuity of serVice; and WHEREAS, -pursuant to .Section 62-12 of the City's P'ttrehas4Cede the City Ccinititission may authdrize the waiver of competitive bidding procedures upon the reconnnmendation •oftits City Maier QW is in the Gigs best interest to do so; and WHERFAS, the City nevertheless requested two (2) quotes,, and Contractor's respbnsse is includWas Attachment' A', •wai n lower pioposal; and WHEREAS, Contractor.is.quaWicd to provide the desired $r vices; ttnd ' WHEREAS, the City wishes to. enter, info this Agreement with Co>;traetor to provide the Serolcos,to•tho City for, a local OnountThirty One to exceed ThOne Thousand Four flundretl Highly' Dollars ($31,4$0,00), for -an initial one (1.) -year term, %with an option for four (4) oue-year (1) renewals. NOW TMEFO.RE, :in consideration of the prdmises and the mutual covenants herciti described, the parties agrca hs follows: ARKS ! i 1. RECITALS. The RecAhinop0otatcd into this Agreenueait { OAd;mgde a pod herof for refetoce. i ..2.. THE. CONTRA4 IDUCtimV.-rS. The Couirict Documctits consist of this Agree6ent,..Contractors .quote. attached hereto As Attacbrdent ."A'? (horeinafter refted to as "Contract Documents`), .and' the Scrutinized Conip'anies Certification attached .hcteto as Attar ment'B „ 3lah-4789'lmda knagprisr� tae. City of Suav Isles peach 18070 -Collins Avenue, Sunny Isles B6,ach, Florida 33160 - (305) 947-0606.;phoue (305)•94MI.13 rak 3: SERVICtS. Contractot §hall provide the Services pursuant- to .the terms. and cundition5 set, forth in 'thc Scope of Services attached hereto as Attachment. "A" The Services shall be perforftW by Contractor td the Full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and urprkmanlike and professional manner to perform Services. Contractor agrm to have a qualified representative to audit and inspect the Services provided on n r4dat basis to onsure all Services are beim performed in accordance with the City's ne04% and pursuant to t}ie terms of this Agreement, and -shaffreport to t#re City. accordingly. Contractor agrees to immediately inform the City via telephone, dad in writing of any ptobletas that could cause damage to. the City's property, :improvements and-personfi. Cotitrdetor will rcquirc .its employees to perform their w6rk• in a mamrer butting the type and scope of work to be performed: In the cvcnt dw the Coritractor fails of complete the Services pursuant to the terms of this Agreement and City must undertake the completion of performance of Servid e, Contructor agrees to itidenmify the C-4 for all cbsts incurred with respect to the completion of those Semoft. 4. TERM. Subject to the provisions -rotating to the termination of this Agreement as set forth hereunder, the terur of this Agreement shall begin upon the full execution of this Agreement by all parties and shall teanioate one (1) year from the. date, of execution of this ,Agreement Prior to, or upon completion, of that ii 441 term, the City s6401, hayg .the option -at its sole discretion to renew this eontrdet for four (4) additional boo -year (1) terms. :Payment will be made.. only for work. completed in accordam* with the provisions of Section.5 below..Contrudor is to.pommcnoe performance :of work from the date of this Agt emcat and continue in a diligent manner until completion of the Services. Contractor abkhowhAges •that compliance with the eommencemeint and completion schedules set forth in the Scope ofservioes contained in Attachment '"A" are the essence of this Agreement. The teens of Sedio!ps .18 and T9 entitled•'"lndenini$cation and WlaWa of.Liability;" and "Compliance with .Law;' x vgectively, shall survive termination of this Agreetiient 5. t;ONIPENSATtON. During. the term of Us Agreement; in whatever capacity rendered, the trfty'• shallpq,Comactot for the .$ ";esperfbrmed under this Aglvement, in a total t!mbunt -ttot• to exceed Thirty One Thousand Four -14andred. Mghty Dollars .($31,480.00), which ambudt includes a contingwy of Ten Thousand Dollars (S 10,000.00) for seivicc •calls 04 dmtrgWy services at the rates set forth below ("Additional -Services"). Payment to Contractor for all charocs and tasks Minder this Agreeinent ihall be in kd6tdancd with the Contract Docwents a the &ope •ol`Services as tefleetcd in Attattiment ":A"; imder the followlttg conditions: 1 a. A4ditional Services: Service calls etre to • -billc4 a•t a rate of,Ninety-Five Dollars' ($95.00) pqr hour, sn4 emergegcy services .fo be billed at a rale of One 1rundred 'Forty T,.vo Dollars 501100 ($142.50).per hour. — b: • • Disbursemenfis:• Themare no•relmburseble expehses assddatfd with this contract _ ...... :except -for expenses approved -by the•CityUsnager: =HR lon1h,unhgViial. lac. 2 City qfSunny Ale,s Beach 18070 Collins Avenue, Sunny hles Beach, Florida 33160 (305)947-0606photic (305) 949-3113 Fax C. 1'ay1_ncht Schedule, Contractor shall terl'plt invoipes ori a monthly basis for Servi4es in an amaiml not to exceed 'Otic 'Thousand Seyen Hundred Ninety Dollars (51;790.00). Invoices for Additional ional Services sbxiU bc: -remitted at . the completion' of paoh'individuig Additional Service. Invoices received from flit Contractor pursuant to this Agreement will be reviewed by the. initiating City ' Department. Payment willbe made by the City after ihd- goods, an&.or services have been •received, inspected, :and -tuund to comply with specifications, 'free of damaje or jefoct; and-piopocly, invoiced. No advance pgymchtiof ani.1"d Will be - made by the City. Payment shall be hidde afteir &Uwry, wi - thill 30 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section .218.74, Florida Sfal4tes ante other applicable law. If gerAdds.hlve heed reridered W conformity with. the Agreement, the 'invoice will be• sent to the Finance Department for payment. Invoicca must - reference 'the contract titn'tibet qssiped hereto. d. Availability of Funds, The City's performance and obligaflon to. pay under this Agreement is contiogept upon an annual appropriation for its purpose, by the City Commission. If the City should not appropriate or othervAde make av;idablc funds su&cleat to purchase the Services procured pursuant to dds Agtfttnpiit the. City may unilaterally terminate any and all cotutctual or -other obligations herein without any further liability or penalty upon twenty (20) doLys' notice to ContLtOor, I ei Final ldvoic-6. In. ot4et1qr.both patties herein to close their b*6ka and records, the Contractor will clearly state ''final invoice" on -the CdTitm.toes finalfiast. billing to the City. T6, certifies that all aervices, have 1� e pOWly performed, and all charges -and costs have been -inVoiedd to the City. Since this account will. thereupon'be closed, any other additiontl charges, if not fpropdr)y inalmdod on this final invoice, itreVANed by the Cotftr�Lvtpt, Catitwor shall ,make no other charges tQ tho City fqt suppUcs, labor, tpxes, lipensessparmits, bvbrikead err airy Other.-expcnscs. 61 costs ptess any such expense -or cosi is incurred by Contractor with tbo,prior written op , provalof the City. If the City disputes .any chafgds on the iziv'dicqs,, it may -maker pqyment 9f the uncontested amouffls, and withhold payrttent on the contested arnounig until they are •resolved by agreement with Contractor. Contractof shall not pledge. the City's credit or, mike. it. a paraintor of paYdacnt or surety .for a4y qentrai:t. deb'!, -ohlijation, judgment, lien, or any• form of iddebte&e!ss_ The Contractor further warrants .and represents that it ,teas no:dUligatioik dr indebtedness thttt -Would Npair its ability• to fulfill ft• term of this AgMeWfat. -6. 1 mvpnomir CONTRACTOR' RELATIONSTAP.. The Contractor .is an JAdependent C"tzactor nud shali.*be treated as suchfor all purMoses. Nothing contained in 6's -A-et T ac U. a f the h- e 0 14 -b c onstruedtoconstitute a s fitute or. to rdhdck the Contract or 21 loyepI. gentsliazeltolder, oul a any giber capacity other Thanasan -1�en actor.Vn- OSL�onWhichhave.-beenorshall -have been - jieft %Y 6 Ci4Rftcto asM responsible flot ahy qd a(f6f Iuo n expenses in performing its duties coneplat 11da this A.0ntTheCity shall not be TqSpOostbl for any expense incurred'bY the Cdntractor. The City -shall have tic duty to wiftold any Federal 7020-MMAu* U46M..tao. 3 City of Sunny Iflav Reach 18010 Collins Avenue, Sunny isle Beach, Flmi&33166 (365)')47-0606 phone (30S) -949-3113 Fix income taxes or pay Social •Security servicm and that such obligations shall be that of the Cojitractor, other'.than those set• forth in this, Ag[oejnefit. Contractor shall furnish its own transportation, office and other supplies. as it .determines necessary in carrying out its duties - under this Agreement. 7. INSURANCE. IContractor shall; at its sqle cost .acid expense, during the period of any ,Work Beingper-fonried i6idbr this Asre U .mc4t, procure and maintain the fa owing midinum insurance coverage to protect the City and Contractor against all loss, claims-. dimmgi and liabilities caused by Contractor, its agents or employees, as indicated below; p Comprehensive General liability imsurance, including btW focal contractual. liability coverage for all operdtious, ificlodikig, but hot litnifed to, premises and opeations, conttactual, products, completed opmations, personal injury and property damage liability with minidWro limits of -0* Million Dollars ($ 000,060.60),toffibibedsingle Ijiftil per oqcwtence, a Worker's Compem4dpp,o.sirbquirWtiystate taw. a Business Automobile Liability which shag include coverage for all owned, noh- owned aAa hired vehides for n mininum limits ornot less than One Million Dollars (51'000,000.00) combined single -limit per occurrence bof bodily injury and property damage. Coverage must he siffirded OA. a forM fmo, inuorg restrictive' than, the tatm. edition of the Business Automobile Liability policy, without. res4icove endorsements, as filed by the lns*.iMqb $crvices'Offlcc., and must include: — Owned Vehicles. — Aired and Non -Owned Vehicles; and — P44players, Non -ownership. Insmneg req*cd of the CQtktrq0tqr shall 'be p to, and noncontributory with, iny ipwange or self-insurance maintained by the City. insurana- shall not diminish Coutractoesindemnification and.obi'lgaddii&hetouhdci, The insurmeepolicy -sbaU be iWUed by companies authorized to-do business under the'laws. of the Siato -of Florida and acceptable - to 'the City, with 4:mirkifnurn A.M. Best raing of A -Excellftt Before any work under this Agreomdnt is petformed, 4nd at any, Ifflff upon reqq*j Cointractor shall fjulLni.sh to the City certificates of insurance evidencing the Winitnum.required coverage and shall be. ggplopri9tely endorsed, -for cQtfttaetool IiAiljjy.,. with the City named as i"tionalinswed. All policies AA -I -contain a -waiver of subrRption endorsement. AU policies and cottificites shall be in forms and issued by insum9c companies acceptable to -the City Mdaager -or 199 doftnep. All IWragcq policies and certificates of insurande shall provide'diat the. policiestray;not,W canceled or wiffibut thirty (30), days Otiot writtc4 noticd to the City. I Contractor shalf,:afso .require and ensure that each of, its sub-Con#actors 'Tovj p. d ins s dry I go. hereun&r(ir tuty) procures kad.ifidintains., until the completion of the services, insumce of the. "s and to the limits -Upedifidid Uptkitt, -ANY VX!QEPTI()jjS T0'TtW hNSWRANI CF REO'b][REI iiVq SIRCTION MUST )$E AIVROVED IN WRITING bit THE CITY. 2020.4209 Jou Enteitwin-% Inc. 4 01j, of S`rinuy Isles Beach 18070 Collins Avenue, Sunny Isles Deach, .Florida 331 CO (305) 947.0606 photie (305) 949-3.113 Fax 8. WARRANTY OF SHMVIMS. 8,1 The Contractor shall Nvgrrant the labor performed for a mininxutn period of one (1) ye tr from the date the. Services. are. complete. It is uriderslood that this warranty shall extend beyond the team of the services to be performed under 'this Agreement. This'. warranty shalt be in addition to whatevet• rights the City bay have under state 'ori federal law. The Contractor's obligation -under* this warranty shall be at its own cost and expense, td promptly roak or replace (including' cost of removal and iMIdUatioh), that item (or part or coinporient thereof) 'NA ich -proves defective.or fails to comply with The Agreement within the warraniy period such that it complies with the Agreement. 8.2 Contractor warrants to- the City that all materials and cquipmcnt famished under this Aagreeme;nt 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 conforminS.to these requirements, including substitutions not properly approved and authorhD4. may be considered defective. If'tegdired by City or its designee, Contractor.§hall furnish satisfactory, evidence as to the kind and quality of niatcrials and Wjpioent This vv&rd, is not limited by any other provisions within this Agreement. 8.3 Contractor shall provide to the City qr its designee all manufacturers! wat'ramtie s. All warranties, expressed sndlor implied,. shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished fib" ali be -fully guaranteed by the Contractor agaiiist factory defects and workmanship. At no expense to the City, the Contracloi shall correct any and alt apparent and latent defects that are 'required ander sWr, oY fedpol jaw. 9. DEFECTIVE WORK 9.1 The City or its designee shallhave the authority to reject or disapprove work which is -found to be defective. If defective work is fdund, Cdittraetor 'shall promptly either coned All defective work or remova Such defwOvo work and replace it with noxa -defective wank. Cohirrietor shall bear all .direct and indirect costa of such iemoval or corrections includhIS'cost df testing lab9r4turies 4nd 'Personnel. 9.2 Should Contrtietot foil at refuse to ,{emove or correct -any defective• work or to make• any necei;sary repairs in accordance with the requirements of this ligreemerit within the time indicated in writing by the City' iulaaage"r or its 'designee,' tate City shall have the authority to cause thea defeeti:ve ,work to be -removed gr corrected, at make such fnImm -as may be necessary At CoAtitoofs .expense.,. A4y tatptuse "iticurked by the City' in wing such remoygls{ corrections or repairs., •shall"lit.pirid for. out of any monies due or which may'become due to Cbritiactor. ,Irl tli'e, wont of.• failyre' ofXpiih`aetor to make 411 necessary repairs pitozriptly► riliy, wbii;h isnot .cured'in. the 'cure'pepod;• the 'City may declare Contractor in default. 2020-4nl 5 City of Sunny dsles Beach 1,8070 Crinins Avenue, Sunny isles Beach, Florida 33160 (305) 947-06.06 phone (305) 949-3113 Fax 9.3 If, within une (1) year after the date of completion of Services or such lunger period of time as ma#y, be pretigribed by the terms of any applicable special ivar6fity ri;quir�d by the Contract Documents, or by any specific provision(i) of this Agreement, any of; the work is found -to be defcetive or not in accordance wifh this •Agreement, Conttactor,! after receipt of written notice from the City or its designee, shall promptly ewe"Ot such defective .or nonconforming work within the r time specified by the City without cost to the City. Nothing eontaincd herein shall be construed to establish a period; of limitation with respect to any other obligation which Contractor might have under (his Agreement including but not liinited to any claim regarding latent defects. 9.4 Failure to.reject any dcfective•work or material shall not in any way prevent later rejection when such defeat is discovered, or obligate the City to final aoccptaacc, 9.5 NVhgrc the City or its designee becomes aware of faults, defects or non- conformity in any of the work provided under this Agreefnent, or with the work- being orkbeing performed'hy the Conuador,• the City or its designee shall issue it Notice tQ Curc•to- the Contrsctor for cotrectiod. In no- event shall the failure of the City or its designee to bring to the aactitioti of. the Contractor of sixth faults act ssi a waiver or reledsb the Cpnuactor from responsibility or liability for such fault, defect or non -conforming wbr-L 10. TERMINA77ON AND REWDIEES FOR BRLACH. A. U. 'through any cause witb:m reasonable control, the Cdritractor shall'fail to iulfill in a timely manner- -or otherwise: violate any of the covenants, Agreements or stipule;ions material to this Agrceriient, the City shall havc-the right to terminate the Services T*g hea rcmai. to be performed Prior, to .the e,ielr6ise gi its 9 oil to teiiiiinate fpr cause+ tho .*q(y shall 'notify the Contractor of its, violation of the particular terms of -the Agreeroent andoani Contractor•ten (10).days to cure such defsull. If the default remains uncured after ten (10) days. the City.may terminale this Agreement, and the City .shall receive 'a refund from the .Contractor in aii amount equal -to the- actual. cost of a third party to cure such failure, If Coiitractof fails, refii.5es or is unable tb perform.any tckm of this Agrcftent,'C}ty sl OI Pay for service§ rendered a5 -ofthe date -of terinination. (i•) iTM the event of terMin4fi9n, all Unshed -and.un4nished documents, data and other work product preparod by Coxitroc im shall be dclivcrcd to the. -City and 'thn City shall 'comperisate the Contractor for all Services 'satisfadtorily per•'formed prigfto the date of termination. (ii.) Notwithstanding the:-forogoing, the Contractor shall not be relieved of liability to the City for damages sustained'by it by vittuo•of a breacb, of the Agreement by Contractor and the City r ay reasonably Withhold payment to Contractor for the "ages itf•set•off until such time as the exact amptmt of'datpages due the. City L oin the Contractor is detefrnined, $QAO.42881oida Rntn�'rs.:s,;fne. 8 'City of.Srrnny Ales.Eeach 16070 ,Collins Avenue, Sunny Isles Reach, Florida 33160 (305) 947-0606 phone (3.05) 949-31.13 Fax B. Termination for Convenience of City, The . City may, for. its convenience and without cause. terminate the Services then remaining to be performed at any tine by giving Contractor ten (10) days written notice.. The tenor of Paragraph 10A(i) and •A(ii) above shall be applicable hereunder. C. Termination for Insolvencv. The Citye also reserves the right to terminate the remaining Services to be performed.in the dvent the Contractor is placed either in voluntary 6r involuntary bankruptcy or makes my assignment for the. benefit of creditors. 11, PROl'1tlETARY ARIGHT& The Cu*dctor hereby ackno*1edges and agrees that the City retains all rights, fide and interests in and to all.. maieriats; data, documentation and copies thereof furnished by the City to the Contractor hucpadet or famished by the Contractor to the City and/or created by the Contractor ,for deliverry to the City; even if unrinished or in process, as a result of the. $ewices the Contractor performs in connection with the Agreement, including all copyrot and other proprietary rights therein, which the Cuntraetor as well as its eMploybed, agen1b, sub -contractors and suppliers may use only in connection with the .pdrRmnance of Service's under the Agreement The Contractor shall not, Without the prior written consent of the City, use such documentation oA any other project in whieh'the Conitactor or its employees, agents, sub-c6atra,ctots or suppiicrs arc or may become engaged. Submission of distn'buopu by the Cotitr star to meet otl'iciail regWa49ry requirements. or f9y other putppses in connection with -the performance -of Services under the Agreement shall not. be cgnstraed as publication -in dotogatiori,of•tho City's copyrights or other proprietary rights. 12. 4URI:501:OTrt1y. VENTS AND WAIVER OF JURE TRIAL 'This Agreernept.sllall be• interpreted -and construed in aecordence with and govefoed by the laws .of the State of Florida. All, parties agree and accept that jurisdiction of any dispute or ;w raverV arising out of this Agireement, find. spy -action involving the epi otcemenE or intcxpretadon of any rights hereunder shall be brought exclusively in -the Eleventh Judicial Circuit ip apd: for D&ami WAc •County, 17orid<j, and venue for lipigatidn arising out of this Agreement stall be exclusively in such state CRurts; forsaking any other juri0 ti0p. which either,praty may claim by virtue of its •residency or Pther ,jurisdictionpi cievioc. In the event 'it becomes necessary for tho' City to Me it lawsuit to en>voice•any term or provision under. this Agreement and the City is the.prevailifig party ihdn the City shAll be entitled to its costs aid attomef s fee's -at the Pietrial, trial and *appellate levels. BY .HN'I'RINCI INTO TEIIS AOREEMENT, CONTRACTOR AND CITY MAEB.Y EXP'=$LY WAIVE ANY =111S MMER PARTY MAY HAVE TO A TRIAL -BY JURY OF ANY C VIL LITIGATION RELATED TO TIM A()R1r'PMENT. Nothing is this ,Agrcgracat 'is intended to serve 'ac a• waiver of'. -sovereign immunity, orof any other immunity, defense, or 1 privilege enjoyed by the City pursuant to SeOon 768.2$, Florida Statutes, 13. NOTICES. All notices and other' communications "Wrcd or permitted to be .given uadc,, this A$rcctncnt by either party to the other slnirll be in writing and. shall be sci►t (except. as i otherwise provided herein) (i) by certified or iristered snail, first •class post age Prc:paidr return — — receipt requested; (ii) by -guaranteed overioight delivery by a riatiodally recogrri�od cot}rio; service; or...(iii). by facsimile with: confirmation iectript (with u copy $ituullaneogsly sent by certified or .registered mgil, fiisi class postage prepaid, return -receipt requested or hy overnight delfvety by traditionally reeoenited.cogrier service), -address ed to sue.: party as follows: top 7 Citi of;Sanay Isles !leach 18070 Collins Avenue, Sunny Isles Bcach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Frux Xf to the,City:. Christopher J. Russo ' Vith a copy to: City Manager :Ldward Ilion, Esq. City of Surety Isfes Beach City Attorney 1.8074 Colfiwi kvenue City of Sunny Isles Beach • Fourth[ Floor 18070 Collins Avenue. Sonny Isles Broch, Fibrida 33160 Fourth Floor TcL- (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766 lf'tOtheW Daniel Guisasola Wit a Copy to: Contractor: AifMIA-4007c Vice -President Mirna Cortez Jorda EnkVrlscs, Inc. Jorda Enterprises, Inc. 1510NW!'thAvenue Doral, FL 33126 1510 NW 79th Avenue 3.05-262-0095 Doral, Florida 33126 14. PUBLIC RECORDS. The Contractor shall be regdired to whiply with tho following requirements under Florida's Public Rcebrds Law: (L) Contractor shall keep .and maintain Public records icquired by the City to perform the service. (ii.) Upon request $crm the City, Corttractor• shall provide the City with a copy of fhe requested records of illlow the records to be inspected or copied wifhin a reasonable time at a -cost that does •not exceed the •cosi .provided by Chapter .119, Florida; Statutes, of as Otherwise provided by law. (iii.) Contractor shall .ensure treat public' records that are exempt or confidential and exempt from ;public records. disclosute requirements art; not disclosed except es gutirorized by lav for lbe duration. Of thb cote#act terga and following completion of the contract if the Contractor docs not transfer the rejords tp the City. CAV.) CopV mctor shell, upon coinpletiojn of tate contract, transfer, al.no cost; -to the City I11 public rccordg iup,pogsession of the Coixbmetor or keep and maintain public records required by the City to perform tic service: if the Contractor transfers all public records to thb City UPon. completion of the contract, the Contractor shall destroy any duplicate public• records that are exempt or -confidential and exempt from public Yecords disclosure fegtritQmeya. If the C;ontractor:keeps and maintains publie rdcords uporl. cotripictipu of lbc contact, the Contractor shall meet all. 'applicable requiiertents for retainibg public records. All reeotds stored elebtionically must be proirided by CoT.04clot to the City, upop request from the City, m a format that.is coirrputible with -the Wonation tecbnology systems'of the City. 1 JW ' TEEL CONTRACTOR HAS QUIES`IIONS REGARDING TSE A1R'1i'LICATION OF CHAPTER 1199 FL'OAMA STATUTES, TO Tf g 1 CONTRACTOR'S. DUTY'TO MOWN PUBLIC 'RECORDS RKLATING 1 TO THIS. CONTRACT, CONTACT THE CITY'S CUSTODIAN OF MIRJ'[C'RECORDS AT .(3Q5) 792-1703, C+ ttytti:,lerk@sibfi.netj 18070 Collins A -venue, 416 Floor, Sunny lsaes >Reaeht t'1grift 33160. 2020•AZU Ice& Eotbrpnsr ,Wm g City of Sunny. -isles bleach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 fax 15. AUDIT. The Contractor shall make• available to the City omits representative all reggired financial records gssociaied with the Agrepmgpt for a period of tbree (3) years, . • . 16. NON=nYSCYtI1VIINATION. The Contractor agrees to comply with al{ loCal.and siate Civil fights ordinances and with Tit1c VI of'the Civil flight~ Act of 1984 as amended, Title. V111 of the Civil Rights Act of 1.908 as amended. Tittc 1 of the 116tWng• and Community Devolopmcnt• Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the .Americans vinth Disabilities Act of 1990, the •Age -Discrimination Act of 1975, Execuiive.Order l 1063,. and with Gxecutive'Order 11248 as amended by Executive Ordets 11375 and 12086. 'jute Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sept, disability of O$dr handicap, age, marital/familial status, or status with regard to public asvistvtce. The Contractor will take affirmative .action to insure that all errtplayrrierit practices are free from Such discrinlinAnda, Sitch eoplttymtmt practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or rpe ui4mcnt advertising, layoff; termination, rated of pay gr other forms of•compcnsation, and. selection for training, including apprenticeship. The Contractor agamos• to post in conspicuous places, available to employees and applicants for cmploym&nt, ttotices to be provided by the City setting forth the provisions of this tyan, discrimination clause. The Contractor -agrees to comply with any Federal regulations issued pursuant to compliance with Section .504 of the Rehabilitation Act of 1973 (29 U,S.C. 908), which prefiN(5 discrimination against the hattdigapped,in any Federally assisted program, 17. CONFLICT OP IiNTEIMT. The Conttactor agrees to adhere to and be governed by the Miami Dade County Conflict of Interest ordinance Section 2-11.1, as amextded; and by the City of Sunny isles Reach Q,xdinancc No. 99-82, vvbicb are incorporated by refemce herein as if fqlty set forth herein, in connection with the Agreement condidohs hereunder. The •Confraetor covenants that it presently has no ioterest and shall not aeq'tare any interest; directly or indirectly which should conflict in dny manner or tgree• ivitb the pOotmauce or Services under this Agreement. The. Contractor further covenant's -that in the performance. of this Agreement, no periost having any such interest shall knowiiigly'N. eniiployed by the Cgatnwtor. The'Cgntiadtor givararitees'that behhe bas opt o1i:OW or given to any member of, delegate to the Congress of the United States,. any or part of this pontr4cr or to eny bmtpfit arising -therefrom. IS.' INORMINI1'.t'ICATION AND WAI'ItER• OF LA&IO.A` y. To the :fullest extent pe�nniitted by law, -thc Contractor agrees to indemnify and hold-hatmltss the City,, ir$ agtiits, f4 presentatives, offiem, directors, officials and 'employeea from any claims., liabilities, damages, losses and eosis, including, but not limited to, •reasonablo attorney fees 'to the extept cause, to whole .or in part; by the'prdfes3iohfd i tiigencp, vrtot ox omission of the Contrcctor•or persons employed or ittilized•by the.Cotitraetor in performance -of Services under this Agrecmeni.. Coittiactor shalt at:all krncs, hereafter indemnify; •itolll harmless and, at lite City's option, defend or pay for an, attorney selected• by the City to. defend City, its .agents, representatives, Mects, "diriWars, oliicials gnd 'employees from and agdinst any and all causes of action, dbirmands, claims, los.4es,•liabilities and. expenditures -of any kind, including atturngy-fees, court costs; -and. evgns.cs, -caused or -alleged -to be caused by the intentional or negligent act• of,••or•omissipn• of Contractor, including those of tht it employees, agents, servants, or 'officers, -or acct ft, resulting fYom, or directly related to the subject matter of this Agreement including, willipot 2OW 42a lade "taprini, inc. 9 City. of Sunny Isles Reach: 19070 Collins Avenue, Sunny Isles Beach, Florida 331610 (305) 947-0606 phone (305) 949-3113 Pax.. limitation, any and all claims,'losses, liabilities, expenditures, dema>ids or -causes of action of any nature Whatsoever resulting from injuries or damages sustained by any person or property.. In the: event any lawsuit or other proceeding is brought against City by reason. of any such claim, cause of action of demand, Conttroetot shall, upon written notice from City', resist and defend such lawsuit or proceeding by counsel satisfactory to City. The iirovisions and obligations of this section shall survive the expiration or eatlier termination of Phis A*cment. To the extent considered 'necessary by City, any stint due Coturwar undcr' this Agreement may be retained by City until all of City's'elaims for indemnificationpurbuant•to this Agrccmcnt have been sdttled or othkmdse resolved, ;md any amount withhold shall not be subject tb payment'of interest by City. 'The parties agccc that Ono Hundred •Dollars ($10Q.00) icpresents specific consideration tb the Contractor for the indemnification set forth in this Agtoemcrit. 19. COMIPLUME WITH LAW. Contractor shall comply with all la%M regulations. and ordinances Of any federal, state, or local go vemmett(al authority having jurisdiction with respect to this Agrecmcnc ('`Applicable Laws-) and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful cbinduct of the activities contemplated under this Agreement 20. CONFLICTING PROVISIONS. The terms .and conditions m this Apeemept shall Supersede and take priority over any.inponsistent or conflicting provisions that are c9ntained in arty other document, .including. but not limited to. Attachment "A". 21. PROHIBITION. AGAII\ST CONTRACTING; WTTH SCRUTMD: C..Q_ PANIES. Pursuant to Florida Statutes Section ?,13'1.135, contracting. with •any entity that is listed on the Scrutinized Companies that Boycsotl Isracl List or that•is engaged in the boycott df } Istael is jrtbhibited. Cdzisultaft s muse Wily that the compatry is not paxticipating in a boycott of Israel. Any contract for goods o'r service of One Miillion'lQ.11ars ($1,000,000) pa IANC sbsll ttc termidated at the City's pption if it is dispuvdrod'that the entity subm i4od false documents of .rei4catign,'is listed:on the Scrutinized Compaides• with Activities in Sudan List, the 8cratiched Companies with Activities in ibe Iran Petroleum, Energy Sector Ligt, or has been engaged in 'busitiess. operations in Cuba or gria after July 1., 2019. Any contract .entered into or renewed after July 1, 2018 shall be terminated at'the City's option if e: any is listed on tine Scrutinized ConVanies that .Boycot[ Israel List or engaged in the boyC ott of Israel. Coniultahts trust submit thc•deitificAdon that..is dttaetxed to this agren"nt as j Altfichment "W'. Submitting a Use ce ficq!juA shP1i be deemed a material breach oE contract. The City shall proviso notice, in writing, to fire Consultant of the City's, determination ' obneeininp the false certifiegUbh. Tlic. Consultant shall' have ninety (tJD) •days following receipt of the notice• to •respond in waiting an d demonstrate 'that• ,the. dderniination was in error..j_f 'the j Coxrsult pt Opp nut demonstrate that the City's determination of fitlse certification was ttnade Wit error, then'661City'sir'all have the'rig'ht to terminate thc•ootitrmt and Seek cirri) remedies piuw-�&l ! to Florida•Statutc-Scetion•287.t35: IMID 4M Jorb Eumpthet tile. 10 Gly of Sunny Isles f(leach 19070.4ollins Avenue, Sunny isles Beach, Florida 33160 (305) 447-0606 phone (305) 949-3113 rax 22. MSCELLATNEOUS. A. In the event any provision ;of this Agreement is found to be void and undnforceable by. a court of compelenl jurisdiWo* the remaining provisions of this Agreement shall ncycrihelcss be binding upon the patties with the same effect as though the void or prienfofceable•provisions hid been sevgW a4d deleted. B. This Agreement may be executed in multiple identical counte4mm, each of which shall be cieetxted.aa oziigieal.•fot'•all purposes. C. This Agreement shall canstitute the entire agreeincnt between the patties with respect to the subjcct.matter hcrcol and it shall supersede all. previbwq and contemporaneous oral -and Written nagotiFations,-commitmems, agreemeata and widemandings relating hereto, 1). Arty madiliicsation of this Agreement shall be effective only if in wTiting and signed by the patties io this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party Scanting such waivcr. F. Force rnajeure. Neithar part} shall be obligated tb perform any duty, re.quiretuent or obligation under this Agreetuent if such perfombMde is pteveofed, by fire, hwOcan'c, 'earthquake, explosion, wars, sabotage; accident, flood; acts of God, Mikes, or other labor disputes, riot or civil. commotions, or by reaaoia of any athct matter or eopd tigg beyond the Eamtol of either patty, and which .caauot be overcame by reasonable diligence and without unusual expense ('Torre M;d9mc")., IN J VVITNESS WIWI RTOR, the parties hereto have executed this Agrecmcxtt as of the datel menti6ned above. WITNESS: Signature Nn4Narilt JQRDA I MII;PRIS&S, INC. Ptint Nam Title 1010 ;47rA j&6 ahtdepKiam lae. 11 - Oty of somly Tslaa Beaclt 19070 CoUins Avcnuc„ Suany1des Beach, Florida 33160; (305) 947-0606 phone (305) 949-3113 Fax ATrFS ' • .KY: i r . ,L �Mauriaio CMC City Clerk , C1TX,OF SUNMY I$LEOEACR , Qua 'eY C vis Y vssQ, C'ig APPROVED A5 Td FOAM AND LEGAL SU MCI NCY BY: &djI4zd- A� Edward A. Dion, City City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles B.eaah, Florida 33.160 (305) 947-0606 phonc�(305) 949-3.1.13 Fax AT'['ACH1 TENT 4" 0 2a1aa$8$lmd� Rstc,r qu, ze, 13 T� CX 9CO03499 C6 00019060 •PE 90612743 GC #0014777 6011 W1.14°" Stroet MiamY, FL 331?6 PH (308)' 202-0095 FXX 4305 597-7020 AIR. CONDITIONING PROTECTIVE MAINTENANCE SERVICE POLICY ATTN: ;. Debra Lima Sunny Isles Government Center 10070 Collins Avenue Sunny Isles Beach, FL 33960 t FROM: Daniel Guisasola - V.P. 4 JORDA VECHANICAL . am l�eje�9r . JI aJORDA MECHA T1CAL CCrTTR C:TOR dM 00000499 CV OCQ19060 PE 00012783 CC fOO14177 60.13: Nor 14`'' Streat . Mi'a.mi. F'7, 33326 PH (305) 262-0095 FAK (30.5) 597-7.620 Sunny Isles Government Center 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attn: Debra Lima Ref. -Sunny Isles Government Center, -Air Conditioning Protective Maintenance Service Policy The following is a proposal to provide the pmtgetive maintenance service on the HVAC equipment for the above refetencea facility. Our Proposal is based on a amonibly inspection of all equipment listed below subject to the guidelines set forth after. Assumptions and Onatifications (12) inspections will be made under tris agreement for a period of 1 year. Payment to be made after each inspection is ompleted. E A follow up report %dill be provided with all the readings and service description'done to each equipment following the inspection. Scone of Work See Attached Maintenance Checktistand•S'cope of Work i s . Sirvice calls will be performed Kooday thru Friday at a reduced rate of $ 95:00 per Baa hour. Macrgency service will be performed at reduced alto times 14 . Contract customers to have perfered emergency service above others . Attached PSlV[P equipment list to be serviced Plage 1 of 3 Disclaimers a Agreement docs not include anything other than mechanical machineryicor dyes it-iitclude 'any labor for ductwork:, insulation, hardware, coil eleatung, blower, external electrical, piping, crane, or dudes parforrited by other trades not covered under our liscense. o Agreement does not include qny major component.or-eguipmcat part, such as motors, gear reducers, VFDs etc. Nfaterial•will be furnished at standard selling price plus maik-up from supplies 0 Building engineer will be instructed in the operation of equipment for optimal -use. o Any additions, alterations, adjustments, or repairs made by others without our wrictbn authorization shall terminate our obligations'under this agreement. And we will not be held responsible ON have any obligations hereunder for domages or charges associated with any service work performed by aaother trade. o Any repairs -we deem necessary. that will result in added cost are to be. authori2ed by the customer prior to commencement of Work, and only after receipt of written consent. o In the event them is an euipment failure caused by an electrical or water problem, erosion, age or condition; act of God, or arty causes beyond our control, customer shall reimburse us for the expense iacurred in making the service call and repairs in question. o Injury to persods or costs associated with arty damages to property due W delay in furniaWnS labor or material for services or repair will not be the responsibilty of this contractor, nor will we be held liable for pny-consequential damage. o Any violation on the part of the customer of any of the tefts of this agreement, or -non- payment of bills rendered wilititt (30) days of m iicing shall be sufficient cause for :cdntrActor to tetminate this agreednent without notice aitd be relieved of our responsibility under this agreement. Customer agrees to -pity contractor any and all attoniey's-fees, if required, and monies due upon cancellation of #tis dontract. o 'Water chemical. treatment service was construction deficiencies are excluded from agreement. We propose -hereby to provide the above-described service for the firsi year payable each month bi advance for ere sunt of per month; $1,790.00 per attnum: $21,480.00 Payment to be made as follows: Check made payable. to Jorda Mech'atti4el withift� O Deys Note: This.proposal may be withdrawn by us if not accepted within 30 days er .wi(k your team on tfils ventara T7i ank you. „W, a look forttirrrd to working togeth Page 2 of 3 Our Authorized Approval: JORDA MECHANICAL CONTRACTOR 0 Z#-,0 --- zo le cs • /Eddie Noriega is no longer employed wi -EUM -dega late: Jorda Enterprises, Inc. Daniel Guisasola 1 1 ' ProjectMunager Vice -President/ Project Executive has - - ,rf-silthnri7ed the initialnrroj2onc_al. Customer Authorized Approval: The above prices,'speoifications, and.conditions are satisfactory and hereby acccpted. You ate hereby authonzed-to. do work as specified. Payment mill be made as outlined above. CvWbynAr ftfiaiure Date: i Please Print Name aitd Title Page'3 of 3 i I ^i7I Cld 8C003999 Cr SCaL9060 BE 00012.193 CC `n00147?7 8011 Ira Wh Street Miami, FL 33126 Bet (305) 262-0095, FAk (305) 897-1020 PROJECT NAME: Sunny Islas Government Center PRE ENTIVE MAINTENANCE CHECKUST AND SCOPE OF WORK !j1 CHILI -eft INSPECTIONS Scope of work for routine Inspections on chillers: A Record pO4ngnt system temperatures, pressures, and electrical reading$ necessary to dete"na live et6sfrrcg operating conditions of the system. B Check operating and safety controls of the system. C Check Oil separator level and temperature 0 Check forwater and or oil leaks 1.. make.gwMetions E Check motor starter and or VFG Make sure nconnections are sec um F check for abnormal noises orvlbrat(ons G Check arstomers fog with bpetator, diseitss general operation. H Report any unoomactcd deficlencles• Scope of work for annual Inspections on chiller$: A Rernrd,"ant systeid temperatures; pressures, and electrical readings necessary to determing the ei istirig operating conditions of the .system. t B Lock out / Tag aur! Isolate Condenser! Brush tubes vAllb rotalirig nylon brush C Open VFO or $tarter/ Ch@cdk and clean contacts'/ secma-tonneclWns D Check and edtibrate sarety'controls /pressure ternperaiture controls E Meg compressor motor slid pill pump motor. Record readings F Tighten, motor terminals, and contral•panel temrinals 0 Clean on strainers, replac.Q fllters.and gaskets war's "ked 'H Tightan. all oil heater lead's I Take oil samples and have analyzed for acid. moisture, arid metal wmbr once yearly, change all as indicated by analysis report. J ROW O&M tpbrik)al far any other maintenance proceedum k RUMP INSPECTIONS Scope of work for routine Inspections on pumps: Lubricate ptrrtrp be$tfngs as per manufactwYers reyommendallons Lubricate motor bearings as per manufacturers recommendations Check packings or.ntechanical seats and adjust as necessbry Check pump starters or VFO's //Assure electrical connections are. secure Check for -abnormal vibrations or nolse Report system deliclenoies with recommendeli improvements Check alternating run hours for pumps. Weekly run Gme should be about equal to prevent unbalanced use on one pump. Check program Lubricate pump bearings per manufacturers recommondations Lubricate motor bearings per manufaclurers recornrnondaticns Check motor mounts and vibration pads Check motor mounts and vibration pads Meg Motor and chedt connections secure Operate pumps and check efficiency Check for abnormal vibrations or nofse Report system defidendes with recommended improvements IMCOOL•INO Tong INSPECTIONS Scope of work for routine inspections, on cooling towers: A Visually Inspect fare assembly 0 Gear driven cooling tower fans: Check oil level in gearedW,&,.add oil as required C Belt driven coollpg tower fans: t:hepk bbit tenblon. ddjust as necessay 4 Chedk Intake strainers, make up'water ftobt assemblies, and overflows E Check motor VFD's7Wapplicable F Report system ds with recommended improvements scope of work for annual inspections on cooling't,owers: A Cherk tower spray poa1e9 and eliminators as required J3 Clean Cooling tower once yearly and check for leaks 1 Includes Scaffolding C Lubricate -fan and motor bearings per manufacturer recommendations 0 Check vollapes and-amperagas on motors, inspect and tighten all connections Dissasemble, flush and clean filtration system E Rapid syst m del(clendtes vAjh teooinmendedbpmvements AIR HANDLING UNITS Scope of work for routine Inspections on Air Handlers 8 Furnish and Replace AU Filters with 2 Inch INck MERV 8 pleataed fillers C Check and Purge drain Fines as necessary Q Check Bali Tension! Replace as necessaryat prelered custauell"rices 'E Lubricate bearings and moving parts, motors; bipaers. 'F Check VFbs for properopenWan Scope of Work for Annual Inspeetiona on Air Hpndlers A Reeerd pertinent system temperatures, pressures, and electrical readings nacedsery to determine the existing operating conditl me of tho system B Shut down anal Lock out ITog out of ANU C Panel removal foroomponent eocess' (5) PIPES A VALVES Stdke and exen5se all valves once every six months. To be done by banding maintenance Touch up paint on all pipes ds needed to avoid premature detemoration and to mah"n gaaIW appearance. This also includes pipe supports and springs..To be ddne by building maintenance 0 a a JORDA MECHANICAL CONITTRACTO-A. CH 4C069499' Cr 5dO19060 PE 90012743 CC A0014171 sail. NW —...Acl, sl;xfoet eiiami, VL 32126 PH (305) 262-'0095 PAX (305) '597-7020 Page-no..–l—of 1–Pages 21100 NORM COOLING TOWERS REYMSA CT -1 & 2 ROOFTOP CIRCULATION PUMPS ARMSTRONG 'cwP-1 ROOFTOP ARMSTRONG CWP&2 ROOFTOP -ARMSTRON(i CHWP-1 ROOFTOP ARMSTRONG CHWO-*2 i ROOFTOP CHILLERS. DUN"AM BUSH CH -1 ROOF TOP i City Of SUAILY Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947;0606 plione (305) 949-3113 Fax A,WACIMI.71NIT 1%" 0 t i :20.0 -did Jorda HntmprbM Na. !4 t Attachment `B" Scrutinized Companies Affidavit Jorda Enterprises- First Amendment O� 4VNN 11, eTs CONTRACTOR ANTI -BOYCOTT CERTIFICATION ' r 'a, o '•rwa� r��r O. L VN L�4 •4 [PURSUANT TO FLORIDA STATUTE § 287.1351 I, Daniel Guisasola , on behalf ofJorda Enterprises, Inc. , , Print Name Company Name certifies that Jorda Enterprises, Inc. does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. rt\j W, - Sig at e Vice -President Title 03/29/2022 Date Attachment "C" E -Verify Affidavit Jorda Enterprises- First Amendment 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-verifv) 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. Jorda Entemrises.Inc. DBA: Jorda Mechanical Contractor Comp Nam 03/29/2022 Offeror ig a Date Daniel Guisasola Vice -President/ Project Executive Print Name Title 59-2340702 Federal Employer Identification Number (FEIN) Sworn to and subscribed before me on this this 29th day of March 2021. By a&'Ad 611 tf 4 -,so to - DI Is personally known to me 0 Has produced identification (type of Identification produced: Notary Publi• Sta a of Florida Commission G 982277 My Comm. Expires May 2. 2024 . . - .._.... - mm.m Assn. `'ANY fY{� City of Sunny Isles Beach 18070 Collins Avenue * Sunny Isles Beach, Florida 33160 a �rr QF s„M �a°4 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Public Works DATE: April 12, 2022 RE: Second Amendment to Agreement with Jorda Enterprises, Inc. for HVA( Annual Maintenance at the Government Center RECOMMENDATION: This Resolution is presented for your consideration. REASONS: Through Contract #2020-4288, the City entered into an agreement with Jorda Enterprises, Inc. fo HVAC inspection and general maintenance for one year. At this time we would like to renew this agreement for another year at the same rate of $21,480.00 with a contingency approved for $10,000.00 for emergency repairs or service calls beyond preventive maintenance. This will bring the total contract amount to $94,440.00. FUNDING SOURCE: Funds have been appropriated in account no. 001-5-5391-446003-00000. ATTACHMENTS: Resolution Second Amendment Item Number: 10.0