HomeMy WebLinkAboutReso 2023-3492RESOLUTION NO. 2023 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A THIRD 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 of Sunny Isles Beach ("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
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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, on April 12th, 2022, via Resolution No. 2022-3313, the City Commission
approved a Second Amendment to the Agreement, thereby exercising the second of four
renewals, in an amount not to exceed $31,480.00; and
WHEREAS, the City Commission now wishes to approve a Third Amendment to the
Agreement with Jorda Enterprises, Inc., thereby exercising its third 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), bringing the total contract amount to not to exceed One Hundred
Twenty -Five Thousand Nine Hundred Twenty Dollars ($125,920.00), 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 Third Amendment. The City Commission hereby approves a Third
Amendment to the Agreement with Jorda Enterprises, Inc., thereby exercising its third 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), bringing the total contract amount to not to exceed
One Hundred Twenty -Five Thousand Nine Hundred Twenty Dollars ($125,920.00), attached
hereto as Exhibit W.
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 20th day of April
Larisa Svechin, Mayor
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ATTEST: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
1
i
i
Maurici Betancur, C, City Clerk V erie Vicente, City Attorney
R? Moved • s� W. � . .nr.. • • - • • 41w, /. i
Vote:
Mayor Svechin
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant
Commissioner Viscarra
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
@BCL@A409FD8F.doc Page 3 of 3
THIRD AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND
JORDA ENTERPRISES, INC.
CONTRACT NO. 2020 - 4288
This Third Amendment to the Agreement between the CITY OF S� NI�JY ISLES BEACH
("City") and JORDA ENTERPRISES, INC., ("Contractor") executed this Iy of April, 2023, 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 Attachment "A" whose Federal
Identification # is 59-2340702. The City and Contractor hereby agree as follows:
1. THIRD OPTION TO RENEW. The City hereby elects to exercise its third option to renew the
Agreement for one (1) year as set forth in Section 4 of the Agreement. The effective date of this third
amendment shall commence on April 29, 2023 and shall terminate no later than April 28, 2024,
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 One Hundred Twenty -Five Thousand Nine Hundred Twenty Dollars ($125,920.00).
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 Third 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: JORDA ENTEVRISES-r INC.
C2"44A_ VZ
Signature
BY: 1 AV 1 .�� �JU
G�tR6�oo ,av�.�e�
Print Nand& ,
ATTEST- s
r
BY.
CMC, City Clerk
7orda Enterprises Inc. — Third Amendment
CITY OF SU NY LES BEACH
BY:
Larisa Svechin, Mayor
f vIC.�
9 e 0,
BY:
Department Head
Jorda Enterprises- Third Amendment
APPROVED AS TO FORINT
AND LEGAL SUFFICIENCY
BY:)C®p
Vale 'e Vicente, City Attorney
Attachment "A"
The Original Agreement, First Amendment, and Second Amendment
Jorda Enterprises- Third Amendment
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 015'- 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 Attachment "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:
Signam, F '
Prixit Dame
t
ATTEST:J
BY:
CMC, City
Jorda Enterprises Inc. - Second Amendment
JORDA ENTERPRISES, INC.
BY:
D el G 4as ice- resident/ Project Executive
CITY OF SUNNY SLES BEACH
BY:
40f ---
Dana Robin Goldman, Mayor
BY:
Department Head
Jorda Enterprises- Second Amendment
APPROVED. AS TO FORM AND
LEGAL SUFFICIENCY
BY: i 11-19z%
andion, .ity Attorney
c -/ I
Attachment A
l
FIRST AMENDMENT TO TTIE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND
J•ORDA ENTERPRISES, INC.
CON'I'1EtA_C� NU. 2020 - c4288
This First AmendmonE to the Agmemoat botweon the CITY 410 SUNNY ISLES BEACH
("City') and JORDA UN7'haktl'1 ISE -S, INC., ("Ccntraotor") exemedd this 27th day ofApril, 2021, is
made a part of the original Agreement between the panties dated April 29, 2020 ("the Agtcemotit"),
between the City and Contractor attached hereto as Attachment "A" whose Federal Identification # is
59,23400. The City and Contractor hereby agree as follows:
L FIRST OPTION TU RU, NEW. The City hereby elects to exercise its first option to renew the
Agreement far one (1) year as set forth in Section 4 of the Agreement The effective date of this first
amendment shalt commence on April 29, 2021 and shall terminatc no laterthan April 28.2022.
2. AIIDITIODIAL CO1ViPERSATION. Section 5 of the original Agmemont 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 lrour Hundred Eighty Dollars ($31,480.00). which amount includes
a coritingmey of Ten Thousand Dollars ($10,000.00) for Additional Services as dereaed in the otigind
Agreemed and at the rates set forth therein. This amount will bring the total contract amount not to
exeoed Sixty -Two Thousand Nine Hundred Sixty Dollars (562,960.00).
Pursuant to Florida Stadutes Section 287.135, contracting with any entity that is listed on the Scrutinized
Companies that Boycott Israel List or that is engaged to the boycott of Israel is prohibited. Contractors
musteertify thatthe company Is not participating inuboycott ofUracl. Any contractforgoods orserAces
of one Mllion Dollars ($1,000,000) or more stroll be terminated at the City's option If It is discovemd
that the entity submitted Wso documents of cortificadon, is listed on the Scrutinized Companies with
Activitles 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 atter July 1, 2018.
Any contract entered into or ienewed alter July 1, 2018 shall be terminated at the Ctty'a option if the
company is listed on lite Sotutirilmd Companies that Boycott Israel List or engaged in the boycott of
[arae(. Contmettors must submit the certification that is attached to this agreement as Attachment "B"
Submitting a Use certification shall be deemed a ttaterlat breach of contract. The City shall provide
notice, in writing, to the Contractor of the City's determination concerning to false certification. The
Contractor shall have ninety (90) days following receipt of the notice to respond itt westing and
demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's
determination of falso certification was made in error, then the City athall have the right to terminate the
contract and seek civil remedies pursuant to Florida Statute Section 287.135.
4. F-VEIf ML Flotida Statute 448.095 directs all public employers. including municipal
government+, to, verify the employment eligibility of all now public employees (rough the U.S.
Department of homeland Security's E Vorify System, and An*or provides that a public employer may
not enter into a contract unless each patty to the contract registers, with and uses the .-Ver* system.
Florida Statute 448.095 further provides that if a Consultant eiders into a contract with a subcontractor,
the subcontractor must provide the Consultant with an affidavit stating that the subcontractor does not
employ, contract wilt or subcontract with an anaudtotized alien.
In accordance with Florida Statute 449,05, Consultant is required to verify employee eligibility using
the &Verify system for all existing and new employees hired by Consultant during the contract term.
Further, Consultant teust also require and rnaintain the statutorily required affidavit of its subcontractors.
7orda Hntaprlscs Inc.—11list Atnandwent
It is Chu rt sponsibility of Consultatit to ensure compliance with h -Verify requirements (us appiicablc).
To etiroil in Fe -Verify, employers should visit the 6 -Verily website (httj)s-,/1wWW-a-
vt:ril'Y.i,,tiv/vA-nti[oyer3/L:iirplrAn iti; 4_et �f;1} and Callow the instructions. The Consultant must retain the
1.1 Forms for inspection; and provide the attached F.-Verif , Affidavit, tatackd hereto as Attachment
«c„,
S. OTHER PROVI9I0NR-REMAIN IN EFFECT, Cxcept as specifically modified herein, ail
terms and conditions of the original Agreement between the parks shall romain in full force and effaot,
6. C014It'1..t;C'11,'NC PROVISTONS. The terms, statements, tcquirenicnts, and provisions
contained in this First Amendment shalt prevail and be given superior effect and priority vvcr any
conflicting or inconsistent tern, statement, requirement or provision contained in any other document or
attachment, including but not limited to Attachment "A", "F3" and "C".
IN WITNESS WH1r.R1• OV, the parties hereto have executed this documont as of tic date
mentioned above.
02
sigh
►ma CQ L4±Z
Print Ntitne
BY:- ,
CMC, City Clerk
BY:
Department Head
lord& Vnietpdses- Pud Amendment
JORDA ENTERPRISES, INC.
Q)1,
BY:
9"Isdiole
CITY OJT ir, IVY I 'LX8 BEACH
acorga Schott; Mayor
APPROYIZI) AS TO FORM AND
LEGAL SUFFICIENCY
BY:
dward Dion, City Attorney
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
City of Sunny Isles Beach
.18070 Collins Avenue
u .g%'.` ' •
Sunny Isles Beach, Florida 33160
hyk:r➢Dy.
F�o�4Or
(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
►(: _ AGREEMENT BETWEEN —1011; 01 Y OH SUNNY ISLES $EACH
AND JORDA ENTER2PRISLS INC
CONTRACT NO. 1020-4281
Tkli CONTRACTUAL AGREEMENT (hereinafter tef -4d to as the ."Agreeaaeat")
W madb'Ihid:?j. day u£:. 2020, by and betweoq'the (:rry OF SUNNY
ISLES LEACH; Flodda; (htireinafter ref ed. to 'As "City")„ fend JORDA EMMBil$tiS,
INC-, a eorpotatign authorized to do, businqu in the §tate of Florida (hereii ufier rdfetretl to as,
" tGontraator") whose Federal I.i?, # is 59-2340702, ;
WHERVAS, the City is in need of a Contractor to provide if spoctions and
provontativo maintenance sot`► cos to the HVAC btluipment located in (lovernment Center
.located at 180.70 Collins Avoaue ("Sotvlcw'j; and.
WHEREAS, in March of 20I7., after a compeptive bidding process, the City ct►tmd
into an agteOMPOl Frith the Cctnit MOT io 491tish 804 instAO a new HVAC chiller system at
rho Government (,'enter; and
WHh IRAS, fife 19ity Mmager, after coeluciting his duo dhligedcr, believes that .it is
in tha'best Uterest of iho City to enter into an gpvcmeat with Contramot to also mahatalft the
equipment the Contractor iad4ed, to enstue continuity of scMte; Lnd
WE REAS, •pUmaat to .Se*cin Q-ta of $a Cit)►•a P�ttro Wft Cgde dw City
COMO sibtl racy Nuthu#ige !ho wgiyt c• of competitive bldding procedures ulm do
recomr w*1a i6q-of tt!e City MW*get tj* jt is in thet tty'$ nest interest to do so; and
WHEREAS, the City Www tholess rAtue;sW two (2) quotes„ and Contractor's rM msc
is iuclttd'ed•as A taghment IV, wtal mower pfo Me4- and
WHEREAS,, C ut&etdi b.quaih W tb provide the de,airea OrMW, And It
WRWBE•4A the City wis celo. enter into this • Agreed v4th 4oal�atr to. puede the
Sentic4#'to'thp 01Y for, a total fhtuet;ttt riot tb exceed Th* line xhoumd. Pow iFlwW%Q Mighty
DRltars ($31.400,00), ft -an initial one (1) •Year term, %Pith an option for tbur (4) o»e- Or (1)
. renowpLp.
Now TRfi=I AR' an aowidorabioo of the promises and tht mfitdd eovtnatlts hertW
described, the partied tlgco.ls bd follows:
t 1. RECITALS. The R,eciti % aet•.AA Aiovo no 1t y me "sated into this •Agrocrriettt
j OAd. do A pWs! heroPf fax 1*1Fnce.
s i I
..L.. 1M� tT • { IM CQtrtriet DoWmc&s cOJIMistof µi{$ {{
Agreemenk,Co*zgprm .%uute.attaeLed hordo As Attecbttlent "A (horeinaftdr fefgred to as
"Nnlraet Documents''}, and'the Smutinbwd Gong mien Cetdficatiou cached htettto • as
� Atbici►tnent'B "
igna�tb'�a. tiaanyru+c�, tnc.
City of Sunny Isles Beach 18070• Collins Avenue, Sunny Isles Bea.Ch, Florida 33160
(305) 947-0606.phouo (p5).949431.13 Fak
3: JCIZVICI?s. Cdntraetdt shalJ provide the Services putswt. to .the terms• and
conditions, set forth in the Scope of Services attached hereto as Attachmatt"A" Ito Services
shall b6 perfortned by Cot tra torr td the full sari;f;ctlon of the MY. Cogtrpctor agrees to futuuish
411 labor sod >;taterial is a good ane} tvorimtanlike and professional manner to perform Services.
Contractor ap m to ,We a qualified representative to audit and inspect the $,mikes pwvidtei On
e to 'Let basis to gnwe 94w*
Sq ate beim performed in'aocordaueo with the City's W&
and pwsuant to Ilia termw of thin Agr oaneat, and3halt'report to the City wwiduigly. Contesbtor
agteq to im eiiatelty fi&m the City via telephone, dad ih writing of ddy ptobleft that cid
cause damage to thu City's pmpctty, :iwproveme W and -persons. Cotrtmetor will require .its
employees to perfbrui their w&k in a mummer b4 itiog the type cad scope of *a* to be
performed: In the evbnt &d the Cad hetar fans to corttplete *a Sdrvides pursuant to fhb• terms
of this Agreement and City htus`t frndutrtake tho eotnple4on of performance of $atri4o.
Contractor s&W to iddcnmify the City -for all cost$ inured vrilh resp�at to the Fpmplction of
than Setvlb0h.
4. $u*ol to Ow pkOvisJoAs vlad4j; to the tmmination of Dais Agreeanont as set
for* Itav ndeir, the ierQn of this Agreement shell begin upon the fall execution of this
Agrequeot by 011 Verdes and shall tenmioate one (1) year from the. data of etcecudon df this
Airmornt
Prior to, or upon completion, of thht iWtWT tdrpr#r, Ao City d4 hays .the option at its sole
disctwiort to renew this contract far four (4) additional boo-yw (1) terms.
,Payment Will be nWo �gy ft wo*. completed in accordam* with the provisions of Section 5
below Contmdor Jp to.gowmranoe performance :of work from dw date of this Aoowmd and
eisatinup In a diligent mmme r until con*eticA of the $=Wes. Couttacta t a&ho*IWges that
eromp`liance vMh the coa mencement and completion schedules set forth in the Scope of cervices
cpsuwed in Attedu ent w am ft t"saneo bf this Agit opt. The e cif Sgims IS aat11'p
entitlod'� deubatt8tt atibn and warmer of iubiltty,- and "Cggptiance with .Law;' ,wpecthve:,lj,
¢bell stuvive tftmWflon of this AgMWdnt
5. COi1iPEMAT1(i!N. During. dte *= of. itis Agtecaacnt; in whatever -capacity tendered,
tiro City shall p4yy'CmtDtacW fat tiro ,*"leaspgtfttrmed ander this Agement, ins a tole! imbunt
•t}ot• t4 W* udy Osie'Nusand Four $fundreti gig* Dollars .(531,480.00), Wbich ambmtt
imclu &v it ton °)' of To :thousand ,Dollars ($10,bOD Ori) for aeiyiCii Calls fia Or&gdpt yr
Mvtges at the, tater set forth below (`Additional •SaMeis"). Nyment art CantMtot for all
d"es. and !asks antler this A"inant shall lie in hc6ftilan6d With the Contract D000 amts Pd
the, SaTe•olfServiaes bs reflberttd in Att ont -V; ander the fplipwlug Medi►{ons:
seined Sbtvl L Sorvice dalls arse to )g bulb$ at s} tate of'Nlnety-Five Dollars'
! (S9$.OM pqr hour, at4 emergegcy ;entices to be billet at a tele of OW hundred
dotty*Twp Dollars 5D/100 (S'142:50) pet; Pour.
- b.. - 0sburserneitis: 'Themaro no•relmhursable expehst s amdtiatbd wild[ this contract
. •.exceptfibr expenses approved -by the-Oityusagcr: .
aoxa•ara f.1,WtiateMiior rue. 2
City ojSuruuy Isles Beach 18070 Collins Avenue, Sunny Isles Bcacbf Plodda 33160
(305) 947-0606 phone (305) 9451-3 t 13 Fax '
bftsht Schedule,; Contractor Shall rem' jt itivaipes oda monthly basis for
ServiOs b1 in grnoWA not to mood 'One 1bousand Seyen Hundred Ninety
Dollars (Sl k790.00). Invoices for Additional Services sWU ko retuitted at the
opmple*n• of each i� (fividpitl Add O'ql Scrgice. Invoices receMa. from flit
CAatractor• pursuant to chis AgreetTlent will be reviewed by tbo initiating City
' Pcpatimeut. Paymol will > o made by tate City after thea'• goods and%r sorvloas
have'been.received, lnspectaty and •tound to comply with tpecificatio'4 Thee of
daauagc or debal; and.pcopedy Invoiced No advance payments of any.kW Will
be. made by the City. Payment shall be imide atbcc delb*y, within :10 days of
receipt of as invoice toa authorized inspection and acceptanoo of the
gooclsfservices and puriusat to Socttbn 218374, Florida Sfftes 04 04&
applioahle law. if deMembive hit mdarad in uonfomAy► with dig Agteemetlt,
the i'avaii* will be sent to the Finance Deparbwat for payment. ITIVOcey xust.
refdrenee'Ow comadt trbtitbet %Wgrted hereim
d AwIlabift of rands, The City's perltormpAce and obligaifon to pay under this
AgW axont is contipgalpt upon an annum appropriation for its putpose by the, City
CQmmissim If the City shoal not appropriate or otherwise make avaWc
funds aafficieat to pu mbass the Services procumd jnnsuriut ro this Agre ort, the
My may w0atcrany tormhAte any aicd all catmuctaal or other oftations horda
witimut any farther liability or penalty Wil twetuty (2'0) days' agee to
Contractor.
e: Vinga 1d 'rid. h. wdat.fk both parttcs hax6a to close their books and records,
the Cgp act vitl clearly state law on -the Ctintractor'.s frnaWast.
W410 to the City. This certifies that all se vices hairet boob► propo& Qdrf WA
mull all c1mcges and costs havo bean Woladd to the City. Since this accowt will.
thereupon Im closed, any other additional bharges, if not properly 'inolydod do this
MW invoied, ttte'iyWO4 by the cot"ptpt,
Conttaetor shell-=1ft no oder chtmex to IN C#Y ft sttpp8ifcs, loor, gees, iigenses,.permits,
4W*dwad br ally 0dL& *tpcwes 6r costs nniesa any .such expease .or cost is incurred by
Contractor with thq prior written approval of Idle l iYf the Cita disputes .any obaigw on the
.kvdik% % my -maks payment 9� the unconteated amoua'ts pad wlt dwk pa"eat on thb
contested aniounk wM thdy ate .twolved by agreement with Comrador. Contrhatot aitall not
pled#% due City'•s credit or, make. it, a gu.,rant�r of payacat or smoty .for AOy contr#4 debt,
cbligntion, ,judgment, lion, or any form of iadebtedit ft. Thr Contraelor forther warrants .and
zopresents that it has no aibligatioa & indebtednt<ss thgt'vvould l"Wr its. ability. to IDAR lhe•
terms of this Agrdcritditt.
'6. 1 INLII:Pmmir comAtCTOR; munumih. The Contractor -is an
j dej*nttent C44kaotpr and shallbe treated as such for all putpgsca.. blotitiag c:orttrtined In this
Ag"t otrapny gWoa•ol;.tlte pastio#.$hall1be construed to cans late ox io rdhdO the Coatractot
an e nployce,. patrbM. ltgent, shareholder, oflicdr or in any bdw capacity Aer tbaao -as an
_ ... .....3gdepen4enr V*Utmctor•-o%c r •*an -•those• obligations VAdch• have• -been• or. shall have been
-:OO*t&b&by Ifie City'.: Contractor• shell be itsponsible for any ohd all of its own expepses in
performing its duties .ak codtaritpletea ubder this Agreemcn'3 The: City shall not be Telspoivaible
for any expense fncurred'bfft Canlractor. Thr# City.shall have ria duly (d wid t ld, any Fedet;d
mm-uflta�w Gott3ptr+er:.tno. 3
Oty-of.8unny I.glec Reach 18070 Collins Avenue, Sunny Isles.Beach, Floridu 33160
(3 t33) V.47.0606 phoria (305)--949-3113 Flus
income taxes or pay Social .Security gervices and that such oblIgatlon5 Awl be !hut of the
Contractor, other than those • set• forth in this, Agooinent. Contractor 4halt furubh its own
transportation, office and other supplies- as it Aetermines nxessaey in carmng Out its duties
under, this Ag=mcdl.
9. INSURANCE, ,Contractor 4haHO at its sale cogt.aqul eXpanc, during the period of any
work deiug pfamEder this Agtcomcpt, p�rpcure axil maidtain the fbllow& mu>imum
msvran;e iotl coverage to protect the City and ConkWor against all loss, c(ain% damage and
liabilities caused by Cunkmd% its agents 4r employees, as iodieatca below:
Comprehensive General liability insurance, including btoad tem gonttart*l.
liability coverage for elf operatiaas, ideladit, butt hit Ifntit'ed to, preadscs and
operations, contractual. products, complate d reparations, personal inject ad
property damage Habilily with minlaWro limits of .01* Million Dolltrs
($ 1,t O6O W) *xdbibed siggLa limit per ogcttrrcuee,
tr Worker's Compertm4d9p, lis aqui by stato law.
1)u4ness Aul9mobile Liability which ahall Include coverage for all ofted, noh-
owned apd ltisod vehic�as for minimum limits ornot toss than Oat Million Dollars
(Sf,QOti,000.00) combined single limit per accUrrencc fot bodily injtary and
prop xty damages. (:overage trust be si wded t* a fano ho wm restrictive. thea
the ladw edition of dte Business Automobile Liability policy, without reslriclive
e'ndmedicnis, as Mcd by the Wtt*rxs and most Include::
— Owned Vd dcl*
— xiW and Nc n4wned Vehicles; and
— RgployM' Non-9Wtaetship.
lnatpeattco• reOnd of the CgaMcVr sball'be wary. to, and mtzontributory *itb, any
ItivAm9e or self insurance tnaintafncd by the City. Suoh..iosuraaCt7 shall not diminisic
Coptawoes wozonMeadon ateel.oblfgationi hetettliddr. Tlie inswt at:e ppiky 44 be iui*d
by companies uutlYcdW to.do business under thelaws.of the Stato'of Florid!{ and acceptable
to 'the City with a:mbaitnum AX Best rbting of A-Moelloot Butts arty wptk moor this
Ag metal is potfoltned. lard at fty'tltdd trona request, CoAtractor shall PUMIsh to the CStar
ctmif1cmw of imbritace evidencing the mbximmn •vgnired c""c and shall be
a'pptoprlately ettdoxset Ibr egt1tX04*l UAtIlly. with the City named as seitditional 'insured.
All pt1)lIQW tilts contain o ayslver of subr at endotsmncnL All pftles turd cerdflcates
shall be in fonns and Issued by is yMgo 4wpanies acceptaltle to Am City Mdaager ac bis
4Wignep. All htgtrrattop policiiao gad califieates of insurance shall proviele'that &e ptilloim
nlay -ppt; bes canceled or altered w1b ut thirty (30), days Itiot writtq notled to tbn City.
Gontraocoor sbalf.:dw require and cnstno that each of, Its sob-Conuactpni pt:oviding satrvim
haeunder (if arty) procures laid m$intains; uldtfl, Vic completiou of die satvice,q, iosumce of
tits types anti th turd limits.;ti�oiitcai ijQWk � ANY •1F,74OEP'lYQj'f S Tp II1y, k►ttAiVGE
• RE4UIREilZrl'rs• } (` MN SVCTION MUST iE APPROVl'?:D )N WWR4G bit
THE Cl'fY.
xoto.a:ta k*ta =In., ' 4
City of Slimly Islet Bedell 18070 Collins Avenue, Sunny isles trach, Fivida 331 (10
(305) 947.0606 thane (305)94.9-3J.13 Rix
A.RRANTY OP SNKYICEC,S.
8.1 The Contractor sha11 wmtTapt the 144 or perforqucd for a minimum period of one (1)
Yw from the date tho Servi* are cbunpiete. It is widerstood that this warranty
shall extend beyond the term of tho services to be performed under 'this
Agreement. This :warranty shaft be in addition to whatevet• tights the City mi; y
Nave under state ur7 federal law. The Contractor's obligatian trader' this cvatran(y
&A be at its own cost and expense, td promptly *Pak or replace (iuthrding cost
of removal and WMllatieh), that itt m (or part Pr eoitWotiegt thereof] wbf ch
proves defective or fails to comlAy with the Agreement within the worrsoiy *qd
such that it complies with the Agrcotneirt.
8.2 Contractor watvants to the City that 411 vWrdals mid ux)uiprpcnt farnishcd
undet this Agre&OMt will l e crew inlese otherwise specified and VAII be of
good. gw&ty, -free from faults and defects and in conformance with the
Agwwgnt. All equipWnt acrd materials not conformingto these requirbsteW,
inelud*g stibsdtutious not properly "ved and authorises may be considered
defective. IrtegWmd by City or its designee, CantractorahaU furnish sati6Gsetbry
evidasce as by the kind and quality of tnardtials and e,qu. pioent. 7jriss watmty is
not limited by any othdr ptovisicft within this Agre tenC
8.3 Contractor shall provide to the City qr its designee all varmfactumrs' warrandes.
All wvnUjies, onpirpvsCd �nci/or implied, shall be given to rho City for all
matgdal and equipment coveted by ttW Agreement. All material and equipment
furn9 ffrod shall be ;filly guaranteed by the Contrablor against faOWY MGM and
wo&manship. At uo cxpwWO to the Ciq, the Contractor shall correct any and
ell ai parent and latent derecda that arc ixcluirdd uhft state dr Wool law.
Lam.
9.1 the City or its designee Amlil have tho authority to rejdct or disapprove work
which► is -found to be defedtWe. If defective work id fdnuid, Cdiitradttr Mall
pwoptly either corndt 611 defcetive work of rambvo sketch defw4vo . attd
replace it wish PAn-i ohdive. work. Contractor shall bear all .ducat and indimat
costs of such fere sl or Corrections including egst of testing lab9i4tofias and
}rtsrsoultiel.
9.2 Should cq*wwr til er tulle to wte wvo or correct -any de[ective• erode or to
make, any n"say rep nits in accordance with tha xegWremenU of this
Aggremec't within the -time Wilcated 6 wMas by the, City Motu of or its
ded pee,' ria City shall have tbo authority to =0 thio defective wade to be
vemovt d Qr corrected, of make sdch iKpaira as a* be •necessaay 4t ,COA"Mf$
.etcjrense,. MY daptae Ido tCd by tho City' in u1A� ag suet► pmoy* cometioj"
or rValts; •shalt'btvpaid fon. mut of any monies flue or which nay lrocMO It*lq
_ C%nWetirt•. Ii 'hitt event of 'N14ti Of. GRftcW to maim ail ncsies"sarf repairs
'dulbiic. ' `not .curcd 'in, the . pew 4he i1y may dtxlauc'
Contractor in default.
ma04181 roma r��,6. s
Qv of Sunny Isles fadeich 1$070 Gittins Avenue, Sunny isles Bcach, Florida 33160
(345) 999-06bd phone (305) 049-3113 Fax
9.3 If, within orie (1) year after the date, of completion of Services or such lunger
perivd of time as ntay be prawril;e4 by the teruts of any applicable special
Wafthty requir;d 5y tho Contact Dpcumcits, or lay any S'pedhe provision(i) of
this t}gtoemertt, any of; the work is found -to be derective or not In accordance with
this •Agreement, Contractor,' at= receipt of written .notice Rom the City or Its
designee, shall promptly coadct such dArAvc.or nOncon£ora*% work within the
time spec cd by tiro City without cost to tiro City. Nothing eontaiacd horeia shall
be construed to dstublish a Oeaiod df limitation with reapedt to any other
obligation which Contractor might have under this Agreement iaeluding but not
liarited to any claim regarding lownt defects.
9.4 Failme to.rcject any defective work or material shard not in nay way promt
later rejection vtp such dei'ext ig dise wrod, or obligate the City to final
119OW1140%
9.5 Whew do City or its designee becomes aware of lhults, defects or non-
conformity is any of the work provided under this Agreement. or with (he work
being perfonned'by the Cont iuctar,, the City of its designed shall low tt Notice to
Cawto• tic Cdnftdor for coirtxhiod. In na evtw shall the failure of the City or its
designee to bring to the attarddri of the Contracto'r of sigh faalts act ex a fiver
or relose the Cin bmtc r f gm tespopsibility or liabt7ity for sack •fault, dot'ect or
non-vonforming Wb&
10. WERMINA7'TON AND REMMIX9 FOk Egg&< 8
A. it, -through any cause within rdisonable control, iho Cdsitroctor shall,fall to fat m
in a 6*61y Thanker -or otherwik Violate any of the ettvcWmts, agr4emtn % or
stipulAlons materiel tq kis Agioe4uMt the City ahaU haYc-dw right to tormipate
fire Services circa rcma'iniag. to bt porfornred Prfoz: to'ilto �4tts� pi; its •olrti+gn to
tdiifiindi .fpr caust ft rq(y dtall h61:riy' the Corttr`ac* of its, violation of the
pattkulpr terms of -the Agreement andganf CgntracWrtca (10).days to cure such
delhult If the Qeirull ransins uncured after ten (10) days, tine City.may terminate
this Agreement, and the City .shalt mcra`ve 'a refund fwm the Contractor in no
amount equal -to the,actuai cost of a third party to cure such failutt, If Cofitrac(or
Nis, refpaes or is unable ib per&fm.any trim Of this Agrzetitant,tity 1441 fray for
sesviaea rcndtred at •ofdhe datb-of terinination.
(Q.) tri We avdnt of tbrtrrcim inn, all Ublied •and.uafinisbeil doequa ts, dila -and
other work prod preparad by Co itrnctor sW b¢ delivered to tho•City and
thrs Pity $ha11 •compertaato Ow Contractor ter all ,Services sadsh tority
per or Red pri0tio the date of temaination.
(ii) N'atwitbstaadia f th& foregoing. the Contractor shall not be relieved of liabilitt
to the City for damages swAained'by it by vitdro-of a bleach, df the Agw4nent
by Contractor and -the City may redtonahly *Idihold payment to CGOtracw.
for'thd purposes bfset off until such time as the exact spm., punt of'dmoges due
the. City Mft the Contractor h detoWned,
$030A�88 rmda NntnrN au, Mp. 6
-City nf.Sunny r5l".Eetch 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)147.0606 phone (305) 949.31.13 .f Ax
B. Tetmisatioa for gvemfeneo of QM The.City may, for_ its c9nvaicuce And
without cause. terminate the SqM. cea then remaining to be porfotmed ar arty time
by giving Comtr4clor ten (10) days writteit notice, The terms nr Paragraph IOA(i)
and•A(a) above shall be applimble hereunder.
C. Termination for IusolWnev, The City, also reserves the right to termitate the
remaining Services to be performed th the dvent the Connector is placed cfther lh
V61WAUY Or involuntaty bankmptoy of makes Ow assignotent for ihe benefit of
creditors.
it. rgorItiem''KY RiGHM The Cez(wctcw huvby admoavlcdges ettd agrees that the
City ietsias all rights, rude end interests in and to all. material,, data, doctumentatiom and copies
thoi'eof furniisited by the City to go Contractor 1 wyedet or furnishad by the Contractor to the
City and/or etagWd by the Contractor for dalivaW to the City, even if unfinished or In process, as
a mutt of the: 8"m the Outimclor perf m in connection with the Agreement; inclu&g an
cgltyright and other proprietary rights tintelo, which the Contractor as well as its Mploybes,
agenht. sub-eoubtaetors and suppliers may use only in connec tin with the .pollubgrice, of
Socvieds under the Agreement The ConUtator,ball iaot, without to prior written consent of the
My, use dung documeArbdon ori auy Other pmjebt in which the Contractor or its aVloyces,
agaaits, sub-cbnbacto s at shpt, arc or tray become engaged. Submission of tiislnbutipm by
tho CodWittf to facet o idol regulalory rr~gtl czaautis. or for other puippses in comnettiop With
'rho performance -of Servicee under the Agreement shpt) oot. be rmnstmed as publication. ,in
dettoVt(on,of tho City's Sopy or oti$x pptpri{etaoy ri&t _
12. J.0 OIC'1:rOX Vii:NUE AND WM M OF MY TRIAL 'This AgredMtspt WWl
btw iutotpreted -and conmued in at tordance with and gwm*cd by the laws of tom State of *Wdet
All pouffes 4Mv, and accept that jurisdiction of my dispute or wyover,y 4rift apt of this
Agjreftent, attd. $qy •ectiron involving flan bei laetrt o; inlwpOtatiou of e4y rights betzta ft
brought shall be exclusively in•tk Blevemth Judicial Cirxait in a 41tr We* Dbde *",
lv'locid* and irpntte -toy liggaRob. a6*9 but of itis Ag4nent malt be exchrsively in such state
mm. femlaing arty outer jtuiso kdo p-w;hi4h eid=party may` claim by virtue of its residency or
ntltor ,j►trisdictfpa►I devioo. b1. the event it heo;otnes necessar�r %r the City to 61e a lawsuit to
erll'oTce � term or �rovrision under. this Ag�ceoameat and the nutty !8 the .pttRveilitr$ party ilydn the
' City aha11 be entitled to its costs and aetomeyYs feat oc the pieltial, lrlal amd'appollato Itvols. Blf
F17�RINCiQ TIii9 AttIZEEt1iVT, CONTI(A4Tti fl [VTa CI't Y H131tE13Y $!Q'IiFSS)i�Y
WAIVE ANY IlJOM H'hM PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
MM LITIGATION RELATED TO THIS AGREEMENT. -1got fug in Okra AVopmcat is
idtM*d to tom *m it waiver of stty."gpl imantnity, or of any other itaurp fey, deiwtse, or
't privilege e4ayad by the City pursuant to Seritton 7682$, Florida Statutes.:
t 13.trf CES.. Al '.*Oros and other'commu ications required or perirtitted to be.given
t uprdcr this ASrcerncnt by either party to the Obw Au dl be w .w ritfag and.shall be scat (dxdepr, as
i otherwise provided herein)'(i) by cortiited dr tgoaared mail, first •class postage pecpalo}, atom
tocaiptr•toquWed; (is'} by -guaranteed ovarnighl delivety by a niatfotlally retognW cotwioc
servica,' or..(ifi).•by feo'simflo•with:-donfirmtatio rt tw*ipt ('wiih-.0 -copy Slntullap►eottsly -soot by
certified oar .registered ttrtsil, frust class postage prepaid, r+ctm receipt requestO or by overnight
delivery by Mt4ltiottally reosphed.cWtier OdMcb), •adclreasea to 94;h pony as follows;
16*-Qkjt *&% In#. a
City of-sannyIsles Ifeack 18070 Collins Avenue, Sunny Isles Beach., Florida 3a 160
(305) 947-0606 phone (305) 949.3113 Fax
Xf to the City:.
Cbristopher J. Rusto
With a copy to:
City Klan.
Edward Ilion, Esq.
City of suuny.151a Pkach
City At(orney
18070 Collins Avenue
City of Sunny Isles Beach
Fourth Floor
18070 Collius Avenue.
Stmrty 1910 $atoll, Flbrida 33160
Paurrh Flodr,
TTL (305) 792.1716
Sumky Was W -ch, Florida 331600
Tel: 03 191-1766
lf'tothe
Sffjj&jQ 7x Daniel Guisasola
with a Copy o:
Contractor:
liliWflhYW Vice -President
Mirna Cortez
junk E*VtismW.
Jorda Enterprises, Inc.
1510 Nw 7'hh Avenue
Doral, VL 33t26
1510 NW 79th Avenue
��i6%oa95
Doral, Florida 33126
M. 1'MUC RIMM, The Contraetot shall tae regdire d to botrrply wish the fibilowins
requirements under Florida's Public Rcebids Lew:
• (L) Contractor shalt koep and maintain public rc�carils rcg*ed by tho City to perform the
(H..) Upon request from the City, Contractor•;balt provide the City with a copy of the
tpgit sWd recoWs. of allow thG records to be Inspected or copied wit m it reasonable time at a
-tat thef does 3tot exceed the -cost provided by Chapter 119, Florida Stt{tutas, of as 6thetwise
provided by law.
(di.) Contractor stab 4"urb 11W publk real & that aro exempt or confidential apd
exempt from ;public rt:e ds. disokwe rcgairtmettts art rcpt diilclotteg except e& tkutilto&ed by
las, tot Vac ftrAdob. d thb coAtreot tarts and Wowing c9mpietion of the contract if the
Conitactor docs rAt transfer the re" to the City.
(W.) Condit actgr 4*1% wo coinplc go of tike contract, kanster, ai jw cost; "to the City I11
imbue toeordy ip,pooa don of *a 6iltmotor or keep and maintain ,public records rbquired by
the City to patfb= Qm service: if the Contractor transfers all pub'1it: rettiords to thb City [;Pon,
cgmpletipp of the conlmcr, 11w Contractor shell tYUMN any dgdi;%te pubU records that are
exempt at- 'confidential and exempt frtrm public Now& disclosure regWtgm0y*. if the
Contractor:keeps aml maint'alim publio-*or& upp4. tx "ioiga of 1* cotl4=4 the Coa(nutor
shaft creat all applicable requiteerhenls for retauriitb public records, Ala rpaotdr jakwed
elet:tionioally mint bo provided by Coattactot to the Clly, upoli Mast ftm the City, In a
fortlast that Jo cotn)a fiblamitk*e iptiMtrpadon twohpotogy system, of a City.
1W F W CONTRACTOR HAS QUITFST1 IMS RRO xAMNO TU
A11OLIOATION OF CHA;I?!T1C4R 119, MOUMA STATUTHS, TO TM
C,OMRAC">I:$018 DUTY TO 1RO'VTUE RUBLICRECORDS RlMAT1NG
TO TH.ISi CONTRACT, CONTACT THE CITY'S CUSTOWN OI'
kUJ01 C RF_C_ "9 AT •(303) 792-1703, Cityperk@Abfi.nett 18070 Collins
Avenue, 416 Itloor•, Sonny Zal+es Qea*; Florldix 33160.
WW4M trona aeray�.raz 6
City ofSunny.•Istes Beach 18010 Collins Avenue, Sunny Isley Bcach, Florida 33160
(305) 947-0606 phouc (3.05) 949.3113 fax'
is. . The Contraotor shall • make' available to the City Brits raprbsen%tivc all required
fimmeial retor?ds 4sspciaied with the Agrt4tmgpt for a prxiod of rLt+ee (3) years.. , . . .
16. NON�DISCRDkS&UO_tj. The Comritotor agrees to comply with all iocal.and mate
civil rights ordinances and with Title VI of'the Civil RigKpi Act of 1984 as amended, Tltle VTI)
of the Civil Rights Act of 1908 os amcaaded. Tide 1 of the Housing- and Community
Davatoptnont Aot of 1974 as aftadeii, Section 504 of the RehabilitAtion Act of 1973, the
Atnoti am Vith DisabIdes Act of 1990, the ,Agc biscriuniiaadan Act of 1915, Execuiivo.Order
11003.and with 11mmutive'Order 11248 as aanerided by Extcadvo Ord9#s 11315 and 12086. ' he
Contractor v'M not discriminate against any employee br ajolicam for employment because of
race, color, creed, religion, aeoeft% national origin, sex. disability oh WW handicap, age,
rnarital/famiUd acatus, or afates with icgard to public a%fstoea
ale cahtractot will talcs affirmative .action to insure that 4111 erwlaymeat praptiM are free from
auoh distrtriir>akiob, Shih 0pp4Yntaxrt plm64ces inbhide but are not lindled to the following:
Witing, upgradinX demotion, transfer, tequitment or rcc ndW%m t advatising, layoff; termination,
tares Qf pW qr q&w roans of omponsation. and sglcc&n for training, including appreadex ►.
7140 Contractor agrees to post in conspicuous places, available to employeas and applicants Mr.
craploynxipk nooses to be 'provided by the City setting fodh the provisions of this non,
diseriminatign clause. The Contractor •agrees to comply' With any FeAwat regulations issoed
pursuant to compliance with Section 504 of the RebabUitation Act of 1913 (29 i t,S.Q. 708),
which proWid fiiscrhAination Against the b"capped any FedemAy aaaistedpmgru%
17. CON CT OR 1NTk3MT. Tiie Conlwtor Vrm to adhere to and be govemed by
the Miami Dade Cooaty Conflict orf ligered QAr rumec Section 2-11.1, as amended; and by the
City of Swwy Isles Bead Ox nance No. 99.82, which are incorporated by refemoa hertict as If
fqoy ad forth herein, in connection with to Agreement conditions hbreuft&r. Tho -Contractor
sou rets that it ptesetit�y has rto interest and shall nal aeyuim any itt nest, 4ireddy or indirectly
which should roailiG• iit Any matmdr of4cptr, Wtt`th the ptafdfmauce of $etvlccs under tbis
Agmeacar. Tho Contractor f Iher covenhais •that in the performance of this Agreement, go.
penton Navin j imy such iutdreat ahtall knowingly bg employed by the Qpnnttltdor. The'C'gnuactor
g#tat4#Wgs'that hc44a prix pint o40ed or given to spy Member of, delegate to the Congress ofthe
United States,, any or part of this FgrtUovor to easy bep¢Cit prisiag•thercfrom.
'18. - 1NIUMlr1WMATION AND W. i�R OF Y 1A1f11.Y'1�1E. To the :fullest extett
pwM(od by law, Ik Contractor apees to inderuaf#'y and hold4wrmltss the City, its agbitts,
tgpreaematives, iat`from, directors, ;officials and bmployeea from my deltas,, liabilities, dimew,
losses and coats, including, but not limited tox reasonablts attorney fea to tM extopt Mu$b,, in
whole .br is park, by the prdfcalohdl agg(jgenoe, 4critit ax omiss*mn of We Contmciover persons
cmplaiyed or'utilixed by Ihe.Cotdcacitor in pc&maanco of SarAR*-j rcdgr this ASrmcat.
Ck* t o* *Wt of #jl gm6s. hcpa$cr• iadWuW,.boUbAnplesa and. -at fisc City's option. ciefmd
or gar for an, attorney selected by the City to. ddfcnd City, its .agents, rcFesentatives. bmeds,
..'4r"eclAtca, otnoials tai 'Wnirloyeea f`rcrn and against -any and aU daises• of action, d*ftds,
e,iaitrts, fosses; liabilities and. expenditures •of any kind, Wluding attorney -fells. coact costs,, -and.
• • ptgp�nscs. •caused or•allogcd to ba causotd by Wt; idtcntionat or negbigant oat• of, -or •omissistn• of
Contt$ctor, including those 6f thtir employeb% ageing, Servants, or *officers, •fir ncctuipgt
toaulting 8mm. or directly related 16 the subject mAtter of this AW=ent •Includiogj, wiftot
2ON42W lordd fihWVrhC4 tee. 9
City. of Sunny Isles Reach: 19070 Oollink Avenue, Sunny isle Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fair
llmttatlon, any anal ail ctaims,'lasses, liabilities, expOnditttres, de*mds or•gausea 4f action of any
ngtpro W141 soeverrttsulting from injuries or dataages sustalncd by any person or property.• In the:
event any lawsuit or other proceeding is brouSht against City by reason. of nay such, claim, Muse
of woon or detmano, Connector shall, itppn wrIUM notice from City, racist and defend such
lawsuit or proceeding by counsel satisfactory to City.
The f rgvisions and obligations of this rection shall. survive dw axpir4tion or a eller termingtion
of This A cne. To the a teat considered uccessmy by City, any stun dub ContY=f undcr'
gltis Apmement may be retained by City until all sof City's'ciaimd for ladeaani-AcaVonliMpantlo
Ws Agreca tent have baba sdWed or odtambe resolved; and any umoudt withheld shall not bo
subject to payment of interest by City. The partied ague 60 Ow Hundre4 ,Dollairs ($101).00)
reliresents specific comidemtWu to the Contractor for the iadamni tcgtiton act forth iq this
Agteerncrit.
19. CON>Q.'LUNCE WITH LAW, Contractor shall I comply, with all lacus. rogulatiam •sad
ordimcai of any Enteral, state, or 1pW ggvemmental autltgrity havLtg jurisdiction with rupetn
to this Aorc omoa( C'Applicyblc Laws") and shall obtain and maintain any and all material
permits, licanses, approvals and consents necessary for the kv&l cohduct of the activities
contemplated under this Agreement
20.. CONFLICTINGI PR0IVJSIONS. The terms .and conditions in this A$ueermeni shall
supcizoddo idd tbkb pr.+iot'ity ovar apy.itrwWsftt or eonIIieting provislaux that era cgntained In
miy either decumant, .including. but not limited to Au4chmopt "A".
21. 1'ROHIBI2`I01YI ACAMRST COVTRACTEW WM SCRUTiNi b
AM . Pursuant to Florida SW1uted Section 281.135, amtraoting. with •any ent4y 69 is
listed on the Scrutinized Componieaa that Boycott Intel Last or that'is engaged in the boyctatt of
Istaei h pktMbited. Cdnsulrattis must etitify thtd the compaiuy is not pbtiitcipating im a boyco6: of
isiaol. Any cokftat for goods of sewhics of One MillioaWhirs (31,900.0(10) or nk%c emit
tm* dWA at elle C!Wo pption if it in disoovd*'that &a catlty subtaitted false documents of
q icatio7n,'is listed:on the Scrutinized fia;qpa dos• with Activities in $ucleo W; tiro Scrod"
Companies SN4h Activities in to Iran Pctrolem Energy Sector Last, or has been engaged in
'burmess• opefptions in Cuba or Syria atter July 1., 2019.
A�a�r contract entered into or renewed ager rely 1, 2018 shill be termidatdt sf'tht City's coddo if
rho :company is listed on the Scrutinized ConVii ties that :Boycot( Israel List or engaged in the
boycott of Untel. Coo" iltai is must tubmit the-dsttifoatton that.,is at 4OW to this siert ao
Attathtabat "0". 5ubWttin$ a t1511td cOficaft sWi bq donned a anaterialbreach o£ copaiact.
The City thall provide notice;, is writin to ftCogsultalnt of 4145 dity's detemnination
bone t'nit* the Wsg rerOugtion. Thq Conti %q; sisal( hAve ninety (90) dip following receipt of
11�o nQ*O,, to of ire wilting ape) dent. strate 'that• ,U ddani nation was is error. If the
Comullict Robs not d"ppnstraite that the City's -determination of Use ctrtiftcadidn was &*lo iin
_actor; thenimicil'siiali have tire'right to terdalnate tlto•oodhUt 1kna tc& civil rbmedies ptsWMi
to Floddar'Statute-Soctioa•287:13S;
=04M We Eimp hoti tie. 10,
GJly ofSrrany Isles -Beach- 1$070 Colli s Avenue, Sunny Tsles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 raft
22. MtSClilLLe4MOLTS,
A. In the avcat any Provision ,:of this Agreement is found to be void and
unanforcaobte by a cdUut of compdigpl �urisdiclipn, the romaia'ng Provisions of this Ag;eeknent
sbail tteycrilicicss be binding upon the parties with the smo gMct as though the void or
prienfoieeabtaprovisions batt b&m ievesod ars¢ deleted.
B. This ASxce=at may be catcebted in muldplc idendcal counterpart`, each of
which shall be Jeennedanozig vatfbr•alt purposes.
C. This, Agreement shall constitute the entire agteetndnt bctwecn dw ptutia with
respect to the subjeat.maIW hcicot and it shall supdoWe All prevfbos and cohteimpota "m oral
-and wriitten twSotictions, •commitmerits, a$reemeats abd undcrstandings relating hereto,
P. Ally mcMdatioa of this AgreonicAt shslj be effective only if in writing and
signed by the parties io ttb Ap= merit.
B.No waiver of "y pravisiop of this Agreement -shall be valid or enforceable unless
such.w.tiver is in writing and signod by the party Orandog such waiver.
F. Fome n4eure. Neither party sl aA be obligated tb pu ra any duly, r%pirea ret
or dbliga(iob tutabr Vis Agreti tont N suet porforvWWO is PteveAd by IUN hun icanc,
earthquake, etcplddon. wars, sabrotagg accident, flood, acts of Clad, strlkea, " odor Ww
disputes, riot rix eivit cothatotioas, or by Twoh or toy ether mgtter or copdidgn beyopd the
conWI of eittka puty, and w146 .cannot be overcome by raasonable diligence anti witLout
wrrlsaA we= = l TUfttt'! M (',fit ),
1N WITNESS WMUOJ#, the partioti hereto have akecuted this A c=c;nt as ofthd
dam menticnel above.
JQROAItPRIS>04s, INC.
rzzn,L #J CTK1 �
PfiatNaW
zaw.surr tam IIMirp�1'xe�tar. U
City of4=V TAX Beach 18070 Collins Avcnuo„ Sunny Ides Beach, Florida 33 t60,.
(305) 947-%% phone (305) 949-3113 Fa c
r
BY:
l�tad
c
CM,OF SUNNY t,QIX& HEACH
DY: i
C x s � Y ussv, G�� 1ia1A4�eY
APPROM AS 16 VOWA
ANDLBQAL BWHCME ICY
!Y�/
X71:
Ii MW A, D City AM#o;m7
City ofSanny Islets $•each •18070 Collins Avenue, Sunny hits $tech, Flodda 33.60
(305) 947-OW phone(305) 949-3.113 Fax
ATTAGHMEM "A"
c
1
2C2a0.fp�lmdaR.�tc�lxtu�,lna 1]
a
gra:
JORDA imcffAN3'C_AL CONTPACTOR
CM OCOOU99 CF-4C019060'P9 90612743 CC 99014717
8011 M .14`" Strdmt Miaml, SOL 33136
PH (305)' 262-0095 FA% 1305) 597-7020
AIR. CONDITIONING PROTECTIVE MAINTENANCE SERVICE
POLICY
Sunny isles Government Center
10070 Collins Avenue
Sdnny Isles Beach, FL 33160
AM. FROM: Daniel Guisasola - V.P. ;
Debra Umpt , JORQA MECHANICAL. r
-,7
JORDA MECHANICAL r-ONTRAC`7'flR
dX 4C000409 CW IC919060 PE bOO12743 CC AOO14117
603x PT 141d street • M:WUL. FL 33}26
PH (305) 262-0095 FAX (30.3) 597-7010
Sunny IsW Gpvernment Center
18070 Collins Avenue
Sw►uty Isles Stub, FL 3316Q
Attu: Debra Lima
Retti$unny Isles Govehuaent Center, -Air Conditioning Protective blatutenance Service Policy
proposal proved proteclivo maintenance service onthe;HVAC�equip=,t
The following is a m sal to a the
for the above tnfaenco$ iitciltty. (htr koposal is based on;L monthly inspection of all equipment
listed below subject to the guidelines sot forftaft.
AssOMptions and 0080caHoos
(12) WsAwtions will. be made under flits soa meat for a period of I year. Payment to be made
1 after Bath inspectibn is ompleted.
» A ihilow up teport will be provkkd with tall t)te readings ad sa ite desetlptlon done to each
equipment following tb$ hopeationi
Ncoae of Wark
Slee Attached Maintenance Cbt&i st and.8cgpe of Work
a
. $4rvice calls WM be perforated Monday thru Frlddy at a rrftced rate of $35:00 per wdu tour.
Hhtcrgency service wip be performed at reduced rato times 1$
. Contract customers to We perfered emergency service Above others
Aetached PSi1W equipment fiat to be servked
Page 1 of 3
D11clalmers
a Agreement duds not include anythigg other than mechanical machinery. Nor does itUtclude
bny'labor for duetwork, insulation, hardware, coil cleaning, blower, external ele.4trical,
piping, crane, or duties perfoni d by Whet Was not covered under our liscease.
o Agreement does not include eny major conVortenturequlpmcut part, Such as motors, gear
reducers, VFDs etc. Wf aterial•wiit be furnished at standard selling pride plus tw tic up from supplie
o I)uiWtng engineer will be instrmted in the operation of egWphnent for optimal use.
o Any additions. alterations, hidjustments, of reptits mde by others wWwut our written
authorization stmU tegainsto oor obligations'under this agreement. And we will not be held
responsible nor have any obligations hereunder for domages or charges associated with any
service wott pedotmed by afrodw trade
a Any repairs -we deem necessary that wU1 taWt in added cost are to bq authorized by the
customer prior to commancamiit ofWork, and only after receipt of vnk to consimt.
o In the evvi;t dwe is an euipment failure caused by an dieclrical -or water problem, ergsim
age or condition; Act of God, or arty causes beyond our control, customer shall reimburse
us for the expense, iodurxed in making the service call and repairs in questim
o injury to persoets or costs associated vont arty damages to pmp av due td delay in
fttrtttshing labor or matoriat for services or reolf *111 net be the responsibilty o£ this
contractor, nor will we be held liahk for pay eoWequentid damage.
a Any vlolatlon on the part of the customer of any offt taupe of this agreement, MAUR-
payment of bills rendered witigitr (30) days othwaking shalt t* suffirdent cause for
:eontaick c to temiftmto this agremnent withoolt noliea and be relieved of taw responsibility
under that agreement. Customer tO'fV contractor aaq► and all attaniey's 1bes, if
required, and atonies due upon cancellation of this dontRaet.
o Water chemieal.treatment krvice gn4 cgnslrucppn deficiencies are exctutied libm agre mwtt.
We'PropMrhereby to provide rhe above-dw&Oe!d servke for thg psi year pap+ahto en di wonth
M advanceAr the suety D
per month: $1,990.00
per stpnumt S11,48p.00
Payment to be made as follQva: Check made payable to ]orda MA40hl"I Within ?o Dtlya
'Note. rais.proposal may be withdrawn by us if not actepied wiNd 3 days
Wt look forniard to wotking rogedker Jul0t your team oo Mils ventetrL Y7iank you.
Page 2 of 3
Our Aiithori7ed Approval-
JORDA MECHANICAL CONTRACTOR
Z.o Z cr - /Eddie Noriega is no longer employed
onega Date: Jorda Enterprises, Inc. Daniel Guisaso
PrafedManapr Vice -President/ Project Executive has
rPgi1thnri7ed the initial prm.asal.
Customer Au*m ized Approval:
The above prices, •speaificadqus, and,conMioas are mti*ctM and hereby accc&d. You are
hereby aAorized•ta do ivork as specif ei. Pani pt will be spade as outlined al ove.
Co t rw Sioatgre DOW
l �
Priat Name acid Title
11
Page'3 of 3
l 71
J O R A i0CFI. MICAL CONTRACTOR
CH '1CO03499 Cr /COL4060 PE 10012743 CC 100147i7
8011 )tor W2 street miami, rL maii
Pa (305) 262 -MS. FAk (305) 597-1020
PROJECT RA05: sunny Islas Qsvenmtee! Center
PRtrVOM E NAINPNANCE CMKtJST AHO SCOPE OF WORK
(1) C ium INSPECT10N9
9copa of work for routtne Inspullorks an chillers:
A, Recprd PkIWd system temperatures, pressures, and dectdcad roWIrtga aecppsary to deWW"a
Iha girds v opera ft emr Ums otum "dam
8 Check operw ft curl epfety aonb* of the syste rL
C Check 011 separamr level and temperabm
0 CM& forwalo r and of of leaks ! mOw.opvqdmrs
E Check mow starter and cr WID Make arae nconned(ons are secure
F dtaah far alma mal rwisas orArstiaas
G Check ammors log with tparalor. dleoims general operation.
H Report arty unoomeded de Umvc gs.
a
8ocpe of work for annual IAepecBarro oq chiller;;:
I A
Renin( e(1l systefih1irlperatureS, prasetrres, and ekdrkai readkrgs oacessastr to tleoermtltQ
ttreOpera t'Ifl Condltl" of tha-Aydom. 1
e
Lcok art /Tag 4ktt / Isolate Carkdwtser! Brush tt�v# Wiyt kvtatirig Dylon brush
C
Open VM or $WWI Chgdk and clean cattecla! askxae ecnaec6ons
I D
tr�aretlka5@xatesa6ely't7mUaisljtrasatrretwrWerphuraamtrois
6
(
Meg compressor mater WW 90 Pump mQsr. iReoord readings
F
NtftA me(gr (emtinel% and cctdrol.paoal ttarrdtmis
j o
c�earr � atratksdrsy reply tilteia.@nd gssitels w� Bred
'H
Ttght4rt alt ori hit>!t!r le4i�h► .
I
Toke ell samples and haus analyzed for add. molsdso. add metal wohr once yearly. change alas
ktkpoated bll aaaeys(s raped.
J
Rd*W 0881 tphrWal for any A& maintenance pwceedwe
a
PUMP INSPECTIONS
Scapa of worts for routine Inspections on pumps:
A Lubricarto pump beat ngs as per nranufacluters regomme6detlons
B Lubricafe motor bearings as par manuractwers recommendation;:
C Check peelings dr nFedtanicel seals ami adjust a's nepssbry
D Check pump staters or VFD's J Assure electrical omrledons are secure
E Check farabrrormal vibrA6s or noise 1
F Report system dell rides with eacommen4gfl improv@ments
G Check Allema ft furl hours for pumps. Weekly run Gme should be about equal to want
unbalanced use ah one pump. Check program
A Lubricate pump bearings per manufaol rem rermmmWWallons
B UArlcatQMotor bearingspet rjwpuractu�mrewrlutnocrdfitbns
C Check rpaW f.nralhds &W vibration pads
C Check motor mounis and vibration pads
E Meg Malor anddwdk cerstemions saMM
F a►srahi pumps and dwdc etftcleney
O Check for atmomni vdrr4mm as golae
H AsX d 3011101 defictaades with recommended improvements
fHx!i!O* , Ak0ATt. ; Y.
scope of work for routne tnaPwAkNts, on soothe towers:
A VWQW kwtt luft esiftbly
B Gear drlren kmalekg tawarfans• Check ON level to eaa fedu¢ar,.add qII as rriquked
C Bek driven cob% WN tans: t.ft t belt $#Mon. adjust as hecommy
Q Med* Intake strainers. make upUater flobt assemblies. and &moows
E Chalk motor VE'Wrapplicabte
F Report syalenk ds wlh rewmrnenrfeed.tinproventanls
Scope of work Car anatnai inspeottons on eooling'ts►Neks:
A CM& tower 4pr#dt OWNS and al nfruitors as required
A Clean Caaltng forfker once ysarty and shack for lealm l includes eeafromny
C LubrlcatafanandMotor bearktdsOnm ltmermonvnendatbris
D Check Why" and'amperpges an motor's, inspect and tighten an cmfttkms
Dissosemlde, flush and dean fambn system
6 RaMd ay*m defkdkgd43Wh te6t atedirnpkovemer"
` 1
I
AIR HANDLING UNITS
Scope of work for routthe inspections on Air Handlers
11 furnish and Rephace Air Fillers Mhh 2 Inch Mck f. ERV 8 plealaed fillers
C Cheek and Purge dtain Ones as necesstuy
o Chcatt fedi Tensimi ( Replace a$ neteSsary at pretend custoro Prfces
' 'E lubricate bearings and moving parts. motors; blowers.
'F Check VTDxfor popercperetion
Scope of Work (or Annual In spectiona on Air Hprtdien
A Record pertinent system "per aWres. pressures, end efecMcal feedings naee4piV to datem d"
the ex&ding cperaflr g condOtone of the system,
0 Shut dam 00 Lode out iTqg cut of A14U
C Pmrd removal forrlortponetd access
(SI PINES i VALVES
Stake and exerOse all wives olm every six dtaPoha. To be dors by beitdinpi aafntananca
Tbtxh up paled an all pipes da needed to avoid memstme deterrloralkm and to melrttapt puaity
appearance. This also Includes pipe supports and springs.1ra be ddne by bullding maintenance
0
t ! 1
I
: a�
1 i
JORDAmF,CHANICAL CONTRACTOR
cm AC069490 CF Odolgo;O PE 90012743 CC .80014777
801.1 NN 1.4'1' 9 a1}at Mami, FL 33120
SH (3051 262.-'0095 B)LX (305) '587-7020
Pageno_1 of 1_Pages
kA c9 1717
iGA=. .
�U�.[•.rp.,Im.;�7 C� ErgW-
IIS-'_"�S'il�
iJi.
" • • •'
City of santly Isles Bench 18070 Collins Avcauc, Sunny Isles Reach, Florida 33160
(305) 9474606 phone (345) "9-3113 Fax
ATR'A(:13WNT `%"
I
I
I
� ;2Q{' MZlftl Jpttla tlnt coli.
I L4
Attachment `B"
Scrutinized Companies Affidavit
Jorda Enterprises- First Amendment
C, Y iNY j.J.
y 1
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
PIII I .YN +
(PURSUANT TO FLORIDA STATUTE § 287.1351
I, Daniel Guisasola , on behalf ofJorda Enterprises, Inc.
Print Name Company Name
certifies that Jorda. EnteWrises, 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.
Vice -President
Title
03/29/2022
Date
Si
a
e
Vice -President
Title
03/29/2022
Date
Attachment "C"
E -Verify Affidavit
Jorda Enterprises. First Amendment
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 Statue 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 (ht:tos:/Iwww.e-verify.raov/emaloyers/enrolling-in-e-verifvl 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
Daniel Guisasola
Print Name
:J
59-2340702
Federal Employer Identification Number (FEIN)
03/29/2022
Date
Vice -President/ Project Executive
Title
swam to and subscribed before me on this this 29th day of March , 2021.
8y T�ta„aid GtI t�asotcl.
It Is personally known to me
O Has produced Identification (type of Identification produced: 1
NotaryPubs� 5ta a of Fiorida
Commission o 982277
My Comm. Expires May 2. 2024
f LO
o,r� of 5VA hyo
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Fabricio Volpi, Public Works Superintendent
DATE: April 20, 2023
RE: Third Amendment to Agreement with Jorda Enterprises, Inc. for HVA(
Annual Maintenance at the Government Center
RECOMMENDATION:
Staff recommends approval of this Resolution.
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 $31,480.00, which amount includes a contingency of
$10,000.00 for emergency repairs of service calls beyond preventive maintenance. This renewal will
bring the total contract amount to $125,920.00.
FUNDING SOURCE:
Funds have been appropriated in account no. 001-5-5391-446003-00000.
ATTACHMENTS:
Resolution
Third Amendment
Item Number: 10.A