HomeMy WebLinkAboutReso 2023-3524fir
RESOLUTION NO. 2023 -�°
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH CT
MECHANICAL TO PROVIDE EXTENDED WARRANTY AND MAINTENANCE
SERVICES FOR THE AIR CONDITIONING SYSTEM AT THE GATEWAY PARK
COMMUNITY CENTER, IN AN AMOUNT NOT TO EXCEED FIFTY-NINE THOUSAND
NINE HUNDRED NINETY-TWO DOLLARS AND THIRTY CENTS ($59,992.30);
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 15th, 2021, via Resolution No. 2021-3221, the City Commission of the
City of Sunny Isles Beach ("City") authorized the waiver of the competitive bidding procedures,
and authorized the City Manager to engage CT Mechanical ("Contractor") and expend funds in
an amount not to exceed $48,526.21 to perform the extended warranty and maintenance
services for the AC system at Gateway Park Center ("Services"); and
WHEREAS, on July 21St, 2022, via Resolution No. 2022-3364, the City Commission
approved a First Amendment to the Agreement with the Contractor exercising its first of four
(4) renewal options, in an amount not to exceed $58,526.21; and
WHEREAS, City staff, being satisfied with the performance of the Contractor, would like
to continue utilizing the Contractor to perform the Services; and
WHEREAS, the City Commission wishes to approve a Second Amendment to the
Agreement with the Contractor, thereby exercising the second of four (4) renewal options, to
provide extended warranty and maintenance services for the air conditioning system at the
Gateway Park Center, in an amount not to exceed Fifty -Nine Thousand Nine Hundred Ninety -
Two Dollars and Thirty Cents ($59,992.30), which amount includes a Ten Thousand Dollar
($10,000.00) contingency, bringing the total contract amount not to exceed One Hundred Sixty -
Seven Thousand Forty -Four Dollars and Seventy -Two Cents ($167,044.72), attached hereto as
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Second Amendment. The City Commission hereby approves a
Second Amendment to the Agreement with CT Mechanical to provide extended warranty and
maintenance services for the air conditioning system at the Gateway Park Center, in an amount
not to exceed Fifty -Nine Thousand Nine Hundred Ninety -Two Dollars and Thirty Cents
($59,992.30), which amount includes a Ten Thousand Dollar ($10,000.00) contingency, bringing
the total contract amount not to exceed One Hundred Sixty -Seven Thousand Forty -Four Dollars
and Seventy -Two Cents ($167,044.72), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
R2023 Second Amend w CT Mechanical for HVAC Warranty and Maintenance at GWP Page 1 of 2
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 shall become effective upon adoption.
PASSED AND ADOPTED this 20th day of July 2 ,
Larisa Svechin, Mayor
ATTEST:/l APPROVED AS TO FORM
Il n AND LEGAL SUFFICIENCY:
Mauridio Betancur,ICMC, City Clerk
yoo��
ain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: Seconded by:yff" My&-
Vote:
Mayor Svechin (Yes) (No)
Vice Mayor Joseph �� (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
R2023 Second Amend w CT Mechanical for HVAC Warranty and Maintenance at GWP Page 2 of 2
4 SINN Y.'r�
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SECOND AMENDMENT TO AGREEMENT BETWEEN
M1R Din fIOP\O
THE CITY OF SUNNY ISLES BEACH AND
C.jr u. SUIT .14
C.T. MECHANICAL CO.
CONTRACT NO. 2021-7666
This Second Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City") and C.T. MEHANICAL CO. ("Contractor"), whose Federal Identification No. is 20-
0002053, executed this 1 day of July, 2023, is made a part of the original Agreement between the
City and Contractor, dated July 29, 2021, and First Amendment thereto, dated July 21, 2022 (hereinafter
collectively "the Agreement"), attached hereto as Attachment "A". The City and Contractor hereby
agree as follows:
1. 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 aforementioned renewal
term shall commence on July 30, 2023, and shall expire on July 29, 2024. There shall be two (2) additional
one (1) year renewal terms remaining.
2. ADDITIONAL COMPENSATION. Section 5 of the original Agreement between the parties
is hereby amended to include additional compensation for the one (1) year renewal term in an amount
not to exceed Forty -Nine Thousand Nine Hundred Ninety -Two Dollars and Thirty Cents ($49,992.30),
as more specifically described in Attachment `B".
Section 5 of the Agreement is further amended to provide for Ten Thousand Dollars ($10,000.00) in
contingency for Additional Services, should Additional Services be needed.
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 Second Amendment shall prevail and be given superior effect and priority over
any conflicting or inconsistent term, statement, requirement or provision contained in any other
document or attachment, including but not limited to Attachment "A".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS:
Signature
Nicole Villaverde
Print Name
CT Mechanical - Second Amendment
C.T. MECHANICAL CO.
BY:
Ricardo Villaverd , President
[Additional signature page follows]
ATTEST:
:•
, CMC, City Clerk
BY:
Department Head
CITY OF SUNNY ISLES BEACH
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:At"��
A -fain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
CT Mechanical - Second Amendment 2
Attachment "A"
The Original Agreement & First Amendment
CT Mechanical - Second Amendment
.I ..... • FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND C.T.
y�o MECHANICAL CO.
.YN
CONTRACT NO. 2021-7666
This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City") and C.T. MECHANICAL CO. ("Contractor") executed this day of July, 2022, is made a
part of the original Agreement between the parties dated July 29, 2021 ("the Agreement"), between the
City and Contractor attached hereto as Attachment "A" whose Federal Identification # is 592340702.
The City and Contractor hereby agree as follows:
1. OPTION TO RENEW. The City hereby elects to exercise its first option to renew the
Agreement for one (1) year as set forth in Section 4 of the Agreement. The aforementioned renewal
term shall commence on July 30, 2022, and shall expire on July 29, 2023. There shall be three (3)
additional one (1) year renewal terms remaining.
2. ADDITIONAL COMPENSATION. Section 5 of the original Agreement between the parties
is hereby amended to include additional compensation for the one (1) year renewal term in an amount
not to exceed Forty -Eight Thousand Five Hundred Twenty -Six Dollars and Twenty -One Cents
($48,526.21).
Section 5 of the Agreement is further amended to provide for Ten Thousand Dollars ($10,000.00) in
contingency for Additional Services, should Additional Services be needed:
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".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS:
Signa 'e 1
Print Name
C.T. MECHANICAL CO.
CITY OF SUNNY ISLES BEACH
BY:
Mauricio Betancur, CMC, City Clerk Dana Robin Goldman, Mayor
CT Mechanical - Fist Amendment
APPROVED AS TO FORM AND
LEGAL SUFFIC NCY
BY: BY:
Department Head Edward Dion, City Attorney
SUNNY is
of rs�
_~ AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND C.T. MECHANICAL CO.
Fla
CONTRACT NO. 2021-7666
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made this ilday of , 2021, by and between the CITY OF SUNNY
ISLES BEACH, Florida, (hereina ter referred to as "City"), and C.T. MECHANICAL CO., a
corporation authorized to do business in the State of Florida (hereinafter referred to as
"Contractor") whose Federal I.D. # is 59-2340702.
RECITALS
WHEREAS, the City is in need of a Contractor to provide inspections, preventative
maintenance, and warranty services to the HVAC equipment located in Gateway Park
Community Center ("Services"); and
WHEREAS, the Contractor previously furnished and installed a new HVAC
system at the Gateway Park Community Center; and
WHEREAS, the City Manager, after conducting his due diligence, believes that it is
in the best interest of the City to enter into an agreement with Contractor to also maintain and
provide warranty services for the equipment the Contractor installed, to ensure continuity of
service; 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, Contractor is qualified to provide the desired Services; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
Services to the City, as more particularly set forth in Contractor's proposal attached hereto as
Attachment "A" for a total amount not to exceed Forty -Eight Thousand Five Hundred Twenty -
Six Thousand Dollars and Twenty One Cents ($48,526.21), for an initial one (1) year term, with
an option for four (4) one-year (1) renewals.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
described, the parties agree as follows:
TERMS
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this
Agreement, Contractor's proposal attached hereto as Attachment "A' (hereinafter referred to as
"Contract Documents"), the Scrutinized Companies Certification attached hereto as Attachment
"B", and the E -Verify Affidavit attached hereto as Attachment "C".
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3. SERVICES. Contractor shall provide the preventative and protective maintenance
services on all components and equipment of the HVAC system for the Gateway Park
Community Center ("Facility"), which includes, but is not limited to, the air condition,
ventilation and heating for eleven (11) separate air conditioning units ("Services"). Contractor
shall provide the below listed Services on a monthly basis:
a. keep the City's facility maintenance manager informed as to any operating issues
or deficiencies,
b. provide the City a with report on the system's operation.
C. check units for proper operation, interlocks, controls, and excessive noise or
vibration.
d. tighten all starter, motor, and control connections.
e. visually inspect condition of starter contacts and overloads for wear, pitting, and
any signs of overheating.
f. meg compressor motor and record readings.
g. check operation of crankcase heater. *
h. check evaporator shell heaters and controls for freeze protection.
i. check condition, operation, and proper liquid/air levels in expansion tank,
j. inspect condition of motor, fan wheel. * (bent blades, debris, proper rotation and
airflow)
k. check and lubricate motor and fan bearings, screws, and motor mounts.
1. visually inspect coils for damage, obstructions, and cleanliness.
M. visually inspect units' piping and accessories for any signs of oil or refrigerant
leakage.
n. check relief valve(s) for leakage.
o. check operation of refrigerant cycle, pump -down cycle, controls, refrigerant
charge and oil level. *
P. test differential oil pressure switch for proper setting.
q. check operation of compressor(s).
r. inspect water piping and valves for leakage; check condition of unit and pipe
insulation.
S. visually inspect units, piping, and accessories for any signs of oil or refrigerant
leakage.
t. check operating and safety controls.
U. review all microprocessor, thermostats, and/or diagnostic control codes.
V. check flow switch devices and external pump interlocks for proper operation.
W. check condition of thermometers, and gauges. Compare with operating controls.
X. check sight glass(es) for flashing / moisture and/or oil presence. *
Y. check evaporator and condenser flow rates, temperatures, interlocks, and
safeties.*
Z. complete operating log of temperatures, pressures, voltages, amperages, and
review all readings. Include chiller starts and run times. *
aa. review services performed and report any uncorrected deficiencies to facility
maintenance manager.
bb. monitor the system's alarm for any distress signals, including for unit failure.
CC. monitor the temperature and humidity of the Facility to ensure the system is in
good working order, including monitoring of temperature changes, humidity
increases or unit failure.
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dd. respond to emergency calls between 8AM to SPM.
ee. for emergency calls outside the time frames set forth in section 3(f) above,
Contractor shall be available to provide telephonic consultation to City staff.
ff. designate a City staff member to the system's monitoring system, whereby said
staff member will also be notified of any alarms or distress signals.
gg. Notwithstanding the above, filter changes shall be performed every other month.
For those Services marked with an asterisk (*), said Services shall only be performed to the
specific piece of equipment identified therein.
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor
agrees to furnish all labor and material in a good and workmanlike and professional manner to
perform Services. Contractor agrees to have a qualified representative to audit and inspect the
Services provided on a regular basis to ensure all Services are being performed in accordance
with the City's needs and pursuant to the terms of this Agreement, and shall report to the City
accordingly. Contractor agrees to immediately inform the City via telephone and in writing of
any problems that could cause damage to the City's property, improvements and persons.
Contractor will require its employees to perform their work in a manner befitting the type and
scope of work to be performed. In the event that the Contractor fails to complete the Services
pursuant to the terms of this Agreement and City must undertake the completion of performance
of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the
completion of those Services.
4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall begin upon the full execution of this
Agreement by all parties and shall terminate one (1) year from the date of execution of this
Agreement.
Prior to, or upon completion, of that initial term, the City shall have the option at its sole
discretion to renew this contract for four (4) additional one-year (1) terms.
Payment will be made only for work completed in accordance with the provisions of Section 5
below. Contractor is to commence performance of work from the date of this Agreement and
continue in a diligent manner until completion of the Services. Contractor acknowledges that
compliance with the commencement and completion schedules set forth in the Scope of Services
contained in Attachment "A' are the essence of this Agreement. The terms of Sections 18 and 19
entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively,
shall survive termination of this Agreement.
5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered,
the City shall pay Contractor for the Services performed under this Agreement, in a total amount
not to exceed Forty -Eight Thousand Five Hundred Twenty -Six Thousand Dollars and Twenty -
One Cents ($48,526.21). The aforementioned compensation amount for Services is inclusive of
all labor, parts, materials, and emergency calls for the term of the Agreement, as more
particularly set forth in Contractor's proposal, attached hereto as Attachment "A" and
incorporated herein by reference. Should the City require the Contractor for services outside the
scope of this Agreement, the Contractor's mechanical labor rate for Additional Services shall be
Sixty Five Dollars ($65.00) per hour.
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Payment to Contractor for all charges and tasks under this Agreement shall be in accordance
with the Contract Documents and the Contractor's Proposal as reflected in Attachment "A",
under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Payment will be
made by the City after the goods and/or services have been received, inspected,
and found to comply with specifications, free of damage or defect, and properly
invoiced. No advance payments of any kind will be made by the City. Payment
shall be made after delivery, within 30 days of receipt of an invoice and
authorized inspection and acceptance of the goods/services and pursuant to
Section 218.74, Florida Statutes and other applicable law. 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.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available
funds sufficient to purchase the Services procured pursuant to this Agreement, the
City may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to
Contractor.
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" on the Contractor's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by
Contractor with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Contractor. Contractor shall not
pledge the City's credit or make it a guarantor of payment or surety for any contract, debt,
obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and
represents that it has no obligation or indebtedness that would impair its ability to fulfill the
terms of this Agreement.
6. 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
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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.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents or employees, as indicated below:
❑ Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, premises and
operations, contractual, products, 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.
a 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. Coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
— Owned Vehicles;
— Hired and Non -Owned Vehicles; and
— Employers' Non -Ownership.
Insurance required of the Contractor shall be primary to, and noncontributory 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
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REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY
THE CITY.
8. WARRANTY OF SERVICES.
8.1 The Contractor shall warrant the labor performed for a minimum period of one (1)
year from the date the Services are complete. 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 *ith the Agreement within the warranty period
such that it complies with the Agreement.
8.2 Contractor warrants to the City that all materials and equipment 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.
8.3 Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties, expressed and/or implied, shall be given to the City for all
material and equipment covered by this Agreement. All material and equipment
furnished shall 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.
9. DEFECTIVE WORK.
9.1 The City or its designee shall have the authority to reject or disapprove work
which is found to be defective. If defective work is found, Contractor shall
promptly either 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.
9.2 Should Contractor fail or refuse to remove or correct any defective work or to
make any necessary repairs in accordance with the requirements of this
Agreement within the time indicated in writing by the City Manager or its
designee, the City shall have the authority to cause the defective work to be
removed or corrected, or make such repairs as may be necessary at Contractor's
expense. Any 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
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Contractor. In the event of failure of Contractor to make all necessary repairs
promptly and fully, which is not cured in the cure period, the City may declare
Contractor in default.
9.3 If, within one (1) year after the date of completion of Services or such 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.
9.4 Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
9.5 Where the City or its designee becomes aware of faults, defects or non-
conformity in any of the work provided under this Agreement or with the work
being performed by the Contractor, the City or its designee shall issue a Notice to
Cure to the Contractor for correction. In no event shall the failure of the City or its
designee to bring to the attention of the Contractor of such faults act as a waiver
or release the Contractor from responsibility or liability for such fault, defect or
non -conforming work.
10. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation 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 shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
.(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
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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 terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. The terms of Paragraph 10A(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.
11. PROPRIETARY RIGHTS. The Contractor hereby acknowledges and agrees that the
City retains all rights, title and interests in and to all materials, data, documentation and copies
thereof furnished by the City to the Contractor hereunder or furnished by the Contractor to the
City and/or created by the Contractor for delivery to the City, even if unfinished or in process, as
a result of the Services the Contractor performs in connection with the Agreement, including all
copyright and other proprietary rights therein, which the Contractor as well as its employees,
agents, sub -contractors and suppliers may use only in connection with the performance of
Services under the Agreement. The Contractor shall not, without the prior written consent of the
City, use such documentation on any other project in which the Contractor or its employees,
agents, sub -contractors or suppliers are or may become engaged. Submission or distribution by
the Contractor to meet official regulatory requirements or for other purposes in connection with
the performance of Services under the Agreement shall not be construed as publication in
derogation of the City's copyrights or other proprietary rights.
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 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 and the City is the prevailing party 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. 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
2021- 7666 CT Mechanical Co. a 220
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(305) 947-0606 phone (305) 949-3113 Fax
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:
Christopher J. Russo
With a copy to:
City Manager
Edward Dion, Esq.
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue
City of Sunny Isles Beach
Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792-1776
Sunny Isles Beach, Florida 33160
Tel: 305 792-1766
If to the
Richard Villaverde
Contractor:
10451 NW 133 Street
Hialeah Gardens, FL 33016
Tel: 305-986-2653
Email: etmechanical@aot.com
14. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
(i.) Contractor shall keep and maintain public records required by the City to perform the
service.
(ii.) Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise
provided by law.
(iii.) Contractor shall ensure that public records that are exempt or confidential and
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, 4`h Floor, Sunny Isles Beach, Florida 33160.
2021- 7666 CT Mechanical Co.
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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
15. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
16. NON-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 the
City of Sunny Isles Beach Ordinance No. 99-82, 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 should conflict in any manner or degree with the performance of Services under this
Agreement. 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,
2021- 7666 CT Mechanical Co, 10 222
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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
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 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. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Attachment "A".
21. 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. Consultants 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. Consultants 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 Consultant of the City's determination
concerning the false certification. The Consultant shall have ninety (90) days following receipt of
the notice to respond in writing and demonstrate that the determination was in error. If the
Consultant 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.
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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
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 (haps://www.e-verify.gov/employers/enrolling-in-e-verify,) and follow the instructions.
The Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify
Affidavit, attached hereto as Attachment "C".
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. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and
signed by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
F. Force majeure. Neither party shall be obligated to perform any duty, requirement
or obligation under this Agreement if such performance is prevented by fire, hurricane,
earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor
disputes, riot or civil commotions, or by reason of any other matter or condition beyond the
control of either party, and which cannot be overcome by reasonable diligence and without
unusual expense ("Force Majeure").
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date mentioned above.
2021- 7666 CT Mechanical Co. 12 224
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Cldy of Sunny Isles Reach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Print Name
BY. LfL
Depa ent Read
C.T. MECHANICAL CO.
i
Signature
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Print Name
ni /,P -
Title
CITY OF SUNNY ISLES BEACH
BY; '
Christopher J, Russo, City Manager
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
Edward A. Dion, City Attorney
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VIA:
FROM:
DATE:
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
Fabricio Volpi, Public Works Superintendent
July 20, 2023
RE: Approval of Second Amendment with CT Mechanical to ProvidE
Maintenance and Warranty Services for the Air Conditioning System al
Gateway Park Center
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach desires to renew the agreement with CT Mechanical for the on-going
preventative maintenance and warranty services for the HVAC system at Gateway Park Center.
The original agreement was for one-year with 4 one-year options to renew. The City hereby elects to
exercise its second option to renew the Agreement for one-year as set forth in Section 4 of the
Agreement. The aforementioned renewal term shall commence on July 30, 2023, and shall expire on
July 29, 2024. There shall be two additional one-year renewal terms remaining.
Section 5 of the original Agreement between the parties is hereby amended to include additional
compensation for the one-year renewal term in an amount not to exceed $49,992.30. Section 5 of the
Agreement is further amended to provide for $10,000.00 in contingency for additional services, should
additional services be needed.
FUNDING SOURCE:
Funds have been appropriated in account no. 001-5-5720-44603-15000.
ATTACHMENTS:
Item Number: 10.E