HomeMy WebLinkAboutReso 2022-3441RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH IAM
ELECTRIC FOR ADDITIONAL EMERGENCY STREET LIGHT REPAIRS, IN AN
AMOUNT NOT TO EXCEED SIX THOUSAND SEVEN HUNDRED FIFTEEN DOLLARS
($6,715.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 201h, 2022, via Resolution No. 2022-3422, the City Commission of
the City of Sunny Isles Beach ("City") ratified the expenditure of budgeted funds with IAM
Electric, Inc. ("Contractor"), in the amount of $34,950.00, for the installation, maintenance, and
repair of streetlights throughout the City; and
WHEREAS, via Resolution No. 2022-3422, the City Commission also ratified an
Agreement with the Contractor for emergency street light repairs, in an amount not to exceed
$49,770.00; and
WHEREAS, City staff has identified an additional 17 streetlight poles in need of
emergency repairs ("Additional Repairs"); and
WHEREAS, the Contractor submitted a quote in in the amount of $6,715.00 to
perform the Additional Repairs; and
WHEREAS, the City Commission wishes to approve a First Amendment to the Agreement
with IAM Electric for Additional Repairs, in an amount not to exceed Six Thousand Seven
Hundred Fifteen Dollars ($6,715.00), bringing the total contract amount not to exceed Fifty -Six
Thousand Four Hundred Eighty -Five Dollars ($56,485.00), 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 IAM Electric for additional emergency street light repairs, in
an amount not to exceed Six Thousand Seven Hundred Fifteen Dollars ($6,715.00), bringing the
total contact amount not to exceed Fifty -Six Thousand Four Hundred Eighty -Five Dollars
($56,485.00), attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to
execute said First Amendment to the Agreement, and to do all things necessary to effectuate
this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
R2022 First Amend w IAM Electric for Emergency Repairs Page 1 of 2
PASSED AND ADOPTED this 17th day of November 2022.
►_1
Mauridjo Betancur, rMC, City Clerk
i
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEG FFICIENCY:
Edward A. Dion, City Attorney
Moved by: Seconded by: 9h-7—
Vote:
Mayor Goldman
(Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
Yes)
(No)
Commissioner Stuyvesant
(`Yes)
(No)
R2022 First Amend w IAM Electric for Emergency Repairs Page 2 of 2
SINN Y_ I SI FJ
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FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND
IAM ELECTRIC, INC.
CONTRACT NO. 2022-7420
This First Amendment to the Agreement between the CITY QIV SUNNY ISLES BEACH
("City") and IAM ELECTRIC, INC., ("Contractor") executed this2day of November, 2022, is
made a part of the original Agreement between the parties dated September 21, 2022 ("the Agreement"),
between the City and Contractor attached hereto as Attachment "A" whose Federal Identification # is
83-2450520. The City and Contractor hereby agree as follows:
1. ADDITIONAL SERVICES. Pursuant to Section 23 of the Agreement, the Parties hereby wish
to amend Section 2 of the Agreement ("Services") to include those services as more particularly
described Attachment `B", which is attached hereto and incorporated herein by reference ("Additional
Services").
2. ADDITIONAL COMPENSATION. Section 4 of the original Agreement between the parties
is hereby amended to include additional compensation for the Additional Services in an amount not to
exceed Six Thousand Seven Hundred Fifteen Dollars ($6,715.00). This amount will bring the total
contract amount not to exceed Fifty -Six Thousand Four Hundred Eighty -Five Dollars ($56,485.00).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement, or provision contained in any other document
or attachment, including but not limited to Attachment "A" and `B".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS: IAM ELECTRIC, INC.
Signature
Print Name
ATTEST:
BY: r r
CMC, City Clerk
BY: 4_�
Ignacio Aguilera
CITY OF SUNNY ISLES BEACH
BY:
Da obin Goldman, Mayor
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
IAM Electric — First Amendment
BY:
Department Head
IAM Electric- First Amendment
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: 0
\_�dward Dion, City Attorney
Attachment "A"
The Original Agreement
IAM Electric- First Amendment
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
9vN"'Y—�f AND IAM ELECTRIC, INC.
\e= CONTRACT NO. 2022-7420
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in
duplicate, this ay of'jC� , 2022, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and IAM ELECTRIC INC.,
a corporation authorized to do business in the State of Florida (hereinafter referred to as
"Contractor") whose Federal I.D. # is 83-2450520.
RECITALS
WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide emergency
electrical repairs to the streetlights along Collins Avenue in the City ("Services"); and
WHEREAS, pursuant to the City's Purchasing Code, purchases arising out of or because of
emergencies are exempt from the City's competitive bidding procedures ; and
WHEREAS, Contractor is a certified and insured entity with the necessary experience to
provide the desired Services; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
Services to the City for a total amount not to exceed Forty -Nine Thousand Seven Hundred Seventy
Dollars ($49,770.00) as further detailed below.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, 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 provide electrical repair services to the City, pursuant
to the terms and conditions set forth in this Agreement, as more particularly described in
Contractor's proposal attached hereto as Attachment "A" (hereinafter referred to as "Services").
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees
to have a qualified representative to audit and inspect the Services provided on a regular basis to
ensure all Services are being performed in accordance with the City's needs and pursuant to the
terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately
inform the City via telephone and in writing of any problems that could cause damage to the City.
Contractor will require its employees to perform their work in a manner befitting the type and scope
of work to be performed.
3. TERM. The term of this Agreement shall begin upon the issuance of a written notice to
proceed by the City and shall terminate no later than sixty (60) days thereafter, subject to the City's
ability to terminate in accordance with Section 11 of this agreement. The terms of Sections 9, 10,
18 and 19 entitled "Warranty of Services," "Defective Work", "Indemnification and Waiver of
Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement.
2022-7420 — IAM Electric
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
4. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the
City shall pay Contractor for Services performed under this Agreement, in an amount not to exceed
Forty -Nine Thousand Seven Hundred Seventy Dollars 00/100 ($49,770.00). Payment to Contractor
for all charges and tasks under this Agreement shall be in accordance with the schedule of charges
as reflected in Attachment "A", under the following conditions:
a. Invoicing. Contractor shall submit invoices to the City on a monthly basis, and said
invoices shall identify the location and Services performed. Contractor shall submit
invoices to AccountsPayable@sibfl.net In addition, Contractor agrees to provide the
City with any additional documentation requested to process the invoices.
b. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
C. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Payments shall be
made only after completion of the project. 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 following each quarterly period
within 30 (thirty) 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.
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.
e. 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.
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.
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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 performing its duties as contemplated
under this Agreement. The City shall not be responsible for any expense incurred by the
Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social
Security services and that such obligations shall be that of the 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. PROFESSIONAL LICENSES. As of the commencement of this Agreement, and at all
times thereafter during the term of this Agreement, Contractor will have a valid certified electrical
contractor's license issued by the Florida Department of Business and Professional Regulation and
all other applicable licensing agencies, and such license shall remain in full force and affect at all
times during the term of this Agreement.
7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents 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.
8. 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, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000.00) combined single limit
per occurrence.
❑ Worker's Compensation, as required by state law.
❑ 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
($1,000,000.00) combined single limit per occurrence for bodily injury and property
damage.
2022-7420 IAM Electric
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
❑ Professional Liability Insurance, with a minimum limit of not less than One
Million Dollars ($1,000,000.00) per claim and aggregate for errors and/or
omissions of Contractor in the performance of this Agreement
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 shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with
a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is
performed, and at any time upon request, Contractor shall furnish to the City certificates of
insurance evidencing the minimum required coverage and shall be appropriately endorsed for
contractual liability, with the City named as additional insured. All policies shall contain a
waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by
insurance companies acceptable to the City Manager or his designee. All insurance policies and
certificates of insurance shall provide that the policies may not be canceled or altered without
thirty (30) days prior written notice to the City. Contractor shall also require and ensure that
each of its sub -Contractors providing services hereunder (if any) procures and maintains, until
the completion of the services, insurance of the types and to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST
BE APPROVED IN WRITING BY THE CITY.
9. WARRANTY OF SERVICES.
9.1 The Contractor shall warrant the labor performed for a minimum period of one (1)
year from the date the Services are complete. It is understood that this warranty shall
extend beyond the term of the services to be performed under this Agreement. 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.
9.2 Contractor warrants to the City that all materials and equipment furnished 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.
9.3 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 material and equipment furnished shall
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
be fully guaranteed by the Contractor against factory defects and workmanship. 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.
10. DEFECTIVE WORK.
10.1 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
correct 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.
10.2 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 expense incurred
by the City in making such removals, corrections or repairs, shall be 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.
10.3 If, within one (1) year after the date of completion of Services or such longer period
of time as may be prescribed by the terms of any applicable special warranty
required by the Contract Documents, or by any specific provision(s) of this
Agreement, any of the work is found to be defective or not in accordance 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 limitation with respect to any other obligation which
Contractor might have under this Agreement including but not limited to any claim
regarding latent defects.
10.4 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.
10.5 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 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.
2022-7420 IAM Electric
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
11. 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 of the particular terms of the
Agreement and grant Contractor ten (10) days to cure such default. If the default
remains uncured after ten (10) days the City may terminate this Agreement, and the
City shall receive a refund from the Contractor in an amount equal to the actual cost
of a third party to cure such failure. If Contractor fails, refuses or is unable to perform
any term of this Agreement, City shall pay for services rendered as of the date of
termination.
(i.) In the event of termination, all finished and unfinished documents, data and other
work product prepared by Contractor (and sub -Contractor (s)) shall be delivered
to the City and the City shall compensate the Contractor for all Services
satisfactorily performed prior to the date of termination, as provided in Paragraph
4 herein.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the Agreement by
Contractor and the City may reasonably withhold payment to Contractor for the
purposes of set-off until such time as the exact amount of damages due the City
from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and without
cause immediately terminate the Services then remaining to be performed at any time
by giving written notice. The terms of Paragraph A(i) and A(ii) above shall be
applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
D. Termination for failure to adhere to the Public Records Law. Failure of the Contractor
to adhere to the requirements of Chapter 119 of the Florida Statutes and Section 19
below, may result in immediate termination of this agreement.
12. 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
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 residency or other jurisdictional device. In
the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under
this Agreement, then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and
appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR 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.
13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of 10 (Ten) years subsequent to that date upon which the
Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person
or entity, other than in the discharge of the duties of the Contractor under this Agreement, any
information which the City designates in writing as "confidential." As a violation by the Contractor
of the provisions of this Section could cause irreparable injury to the City and there is no adequate
remedy at law for such violation, the City shall have the right, in addition to any other remedies
available to it at law or in equity, to enjoin the Contractor from violating such provisions.
14. NOTICES. All notices and other communications required or permitted to be given under
this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise
provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt
requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii)
by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered
mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally
recognized courier service), addressed to such party as follows:
If to the City:
Stan Morris
With a copy to:
City Manager
City Attorney Office
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida
Tel: (305) 792-1701
33160
Tel: 305 792-1767
If to the Contractor:
Ignacio Aguilera
IAM Electric Inc
10775 SW 152 Terrace
Miami, FL 33157
786-492-2351
i nacioiamelectricinc ahoo.com
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.
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16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order
11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate
against any employee or applicant for employment because of race, color, creed, religion, ancestry,
national origin, sex, disability or other handicap, age, marital/familial status, or status with regard
to public assistance. The Contractor will take affirmative action to insure that all employment
practices are free from such discrimination. Such employment practices include but are not limited
to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the City setting forth the provisions of this
non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
17. 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.
18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the
professional negligence, error or omission of the Contractor or persons employed or utilized by the
Contractor in performance of Services under this Agreement.
Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or
pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors,
officials and employees from and against any and all causes of action, demands, claims, losses,
liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused
or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including
those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related
to the subject matter of this Agreement including, without limitation, any and all claims, losses,
liabilities, expenditures, demands 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
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proceeding is brought against City by reason of any such claim, cause of action or demand,
Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Contractor for the indemnification set forth in this Agreement
19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect to
this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
20. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the
Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is
prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any
contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at
the City's option if it is discovered that the entity submitted false documents of certification, is listed
on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in
Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment `B". Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Contractor of the City's determination concerning the
false certification. The Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination was in error. If the Contractor does not
demonstrate that the City's determination of false certification was made in error, then the City shall
have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section
287.135.
21. 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.
2022-7420 IAM Electric
9
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(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 exempt
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 that are 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.
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, 411 Floor, Sunny Isles Beach,
Florida 33160.
22. E -VERIFY. 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, Contractor is required to verify employee eligibility using
the E -Verify system for all existing and new employees hired by Contractor during the contract
term. 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.e-verify.gov/employers/enrolling-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 Exhibit "C".
2022-7420 IAM Electric
10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
23. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions had
been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
D. Each individual executing this Agreement on behalf of a party hereto 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 amended,
waived, changed, modified, extended or rescinded only by in writing signed by the party against
whom any such amendment, waiver, change, modification, extension and/or rescission is sought.
F. If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated 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 Attachments "A",`B" and "C".
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
[SIGNATURE PAGE TO FOLLOW]
2022-7420 IAM Electric
11
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
WITNESS:
Signature
Print Name
M
:_
Department Head
2022-7420 IAM Electric
IAM ELECTRICAL, INC.
BY: 4�
Ignacio Aguilera, President
CITY OF SUNNY ISLES BEACH
BY: dollf-7 .
Clerk Stan Morris, City Manager
APPROVED AS TO FORM AND
LEGA FFI CY
BY:
7M
A. Dion, City Attorney
12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
Proposal From Contractor
2022-7420 IAM Electric
13
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QUOTE
fjlAM
Electric INC.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "B"
Scrutinized Contractors Certification
2022-7420 IAM Electric
14
SUNNY iS4
Off, �@-
A �
n
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
P
F�rY'Fl.p ^N°WW
[PURSUANT TO FLORIDA STATUTE § 287.1351
I Ignacio aguilera
Print Name
certifies that
on behalf of
IAM electric inc
Company Name
1. Participate in a boycott of Israel; and
IAM electric inc
Company Name
does not:
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.
Signature
President
Title
09/19/2022
Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "C"
E -VERIFY
2022-7420 IAM Electric
15
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.
IAM electric inc
Company Name
1-i
Offeror Signature
Ignacio Aguilera
Date
Print Name Title
832450520
Federal Employer Identification Number (FEIN)
09/19/2022
President
Sworn to and subscribed before me on this this day of 2022.
By
❑ Is personally known to me
❑ Has produced identification (type of identification produced: )
Signature of Notary Public
Print or Stamp of Notary Public
Expiration Date
Attachment "B"
Additional Services
IAM Electric- First Amendment
QUOTE
IAM ELECTRIC INC
10775 SW 152 TERRACE
Miami FL 33157
United States
EI ect r i c INC. ignacioiamelectricinc@yahoo.com
FOR
Sunny isles beach public works Quote No.: 082
18070 Collins Avenue Issue date: 10/24/2022
Sunny Isles Beach FL 33160 Valid until 11/24/2022
United States
change order collins ave light poles transformers 17 395.00 6,715.00
DESCRIPTION QUANTITY UNIT PRICE ($) AMOUNT ($)
scope of work details
-Installing of step down outdoor listed 480 v to 120 V transformers
-Replacing the transformers and lamps drop wires ( based on inspection report note 3 i
recommend install 12/3 SOOW wire instead RHW-2 XLP wire, i never used in an street light pole
RHW-2 wire
Making cadweld splice for ground wires in the pull box
Making splices in the pull box for ungrounded and grounded wires with gel caps
Running new #6 THWN wire from the pull box to the pole (1) WHITE (1) BLACK (1) GRREN
Installing new quick disconnect fuse holder in the pole (1) black for lamp (1) black for transformer
(1) white for lamp (1) white for transformer
- Replacing the ground locks inside the pole
*NOTE
-This quote is only for labor , equipments and require tools ( no materials )
-No MOT lane closer performed by IAM electric inc but we have the FDOT advanced TTC license
and roadway lighting in case is require to pull any MOT permit
-This quote is just assuming the all poles has ground rods installed ( if we have to install any
ground rod ,we need a survey to see if there are underground utilities and we will charge extra
cost for each ground rod installation
TOTAL (USD): $6,715.00
p d p'- 4
CFr� o'r 51d'n
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Audra Curts-Whann, Assistant City Manager
November 17, 2022
Approving a First Amendment to the Agreement with IAM Electric for the
Emergency Street Light Repairs
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The street light poles on Collins Avenue were found to have immediate life safety issues as a result of
the type of transformers that were utilized during the installation of the decorative lighting
improvements along Collins Avenue (the "Project").
In the interest of public safety, including the protection of life and property, and to mitigate against
any potential delays that could occur as a result of supply chain issues, the City took immediate action
and purchased the transformers, wire/cables, and electrical components necessary to effectuate the
emergency repairs.
On October 20, 2022, the City Commission approved Resolution No. 2022-3422 ratifying an Agreement
with IAM Electric in an amount not -to -exceed $49,770. Subsequent to this approval, Public Work!
identified additional streetlights that were not counted for in the initial plans. The original technical
plans referenced 126 streetlight poles, however the initial project was later expanded to a total of 143
streetlights. This First Amendment will include the installation of additional transformers to the
streetlight poles not originally considered, for an amount not to exceed $6,715, bringing the total
amount $56,485.00.
Item Number: 101
148