HomeMy WebLinkAboutReso 2023-3534RESOLUTION NO. 2023 - 1L
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A THIRD 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 ONE HUNDRED
TWENTY-FOUR THOUSAND NINE HUNDRED EIGHTY-FOUR DOLLARS AND SIXTY
CENTS ($124,984.60); 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 211t, 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, on July 20th, 2023, via Resolution No. 2023-3524, the City Commission
approved a Second Amendment to the Agreement exercising its second of four (4) renewal
options ("Second Option"), in an amount not to exceed $59,992.30, which included a
contingency in the amount of $10,000.00; and
WHEREAS, the City Manager has determined that it is in the best interest of the City to
amend the Agreement to provide for a two (2) year renewal period, to guarantee the current
rate of $49,992.30 per year; and
WHEREAS, the two (2) year renewal option shall commence on July 30, 2023, and shall
expire on July 29, 2025,; and
WHEREAS, Section 5 of the Agreement shall be further amended to include
contingencies for additional services, as needed, in the amount of $10,000.00 for the first year,
and $15,000.00 for the second year, of the two (2) year renewal period (collectively
"Contingencies"); and
WHEREAS, the City Commission wishes to approve a Third Amendment to the
Agreement with the Contractor, , in an amount not to exceed One Hundred Twenty -Four
Thousand Nine Hundred Eighty -Four Dollars and Sixty Cents ($124,984.60), bringing the total
contract amount not to exceed Two Hundred Thirty -Two Thousand Thirty -Seven Dollars and
Two Cents ($232,037.02), attached hereto as Exhibit "A".
@BCL@64079E90.doc Page 1 of 2 148
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 the Contractor, exercising a two (2) year renewal term, in
an amount not to exceed One Hundred Twenty -Four Thousand Nine Hundred Eighty -Four
Dollars and Sixty Cents ($124,984.60), bringing the total contract amount not to exceed Two
Hundred Thirty -Two Thousand Thirty -Seven Dollars and Two Cents ($232,037.02), attached
hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
ATTE
PASSED AND ADOPTED this 17th day of
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Mau icio getancur, EMC, City Clerk (ain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: Seconded by: _4i �)05EVH
Vote:
/
Mayor Svechin
J
(Yes)
(No)
Vice Mayor Joseph
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
@BCL@64079E90.doc Page 2 of 2 149
SUNNY_ IS(F
Of fBm
THIRD AMENDMENT TO AGREEMENT BETWEEN
roa THE CITY OF SUNNY ISLES BEACH AND
C.T. MECHANICAL CO.
CONTRACT NO. 2021-7666
This Third Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City") and C.T. MECHANICAL CO. ("Contractor"), whose Federal Identification No. is 20-
0002053, executed this !W? day of August, 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, and the
Second Amendment thereto, dated July 25, 2023 (hereinafter collectively "the Agreement"), attached
hereto collectively as Attachment "A." The City and Contractor hereby agree as follows:
1. TERM. Section 4 of the original Agreement between the Parties is hereby amended, in part, as
follows:
Prior to, or upon completion, of that initial term, and upon completion of 1 one-year additional
term, the City shall have the option at its sole discretion to renew this Agreement for an additional
two-year (2) term, and 1 additional one-year (1) term thereafter.
2. OPTION TO RENEW. The City hereby elects to exercise its option to renew the Agreement
for a two (2) year term as set forth in Section 4 of the Agreement, as amended herein. The aforementioned
renewal term shall commence on July 30, 2023, and shall expire on July 29, 2025. There shall be one (1)
additional one (1) year renewal term remaining.
3. ADDITIONAL COMPENSATION. Section 5 of the original Agreement between the parties
is hereby amended to include additional compensation for the two (2) year renewal term in an amount
not to exceed Forty -Nine Thousand Nine Hundred Ninety -Two Dollars and Thirty Cents ($49,992.30)
per year, for a 2 -year total not to exceed amount of Ninety -Nine Thousand Nine Hundred Eighty -Four
Dollars and Sixty Cents ($99,984.60), as more specifically described in Attachment `B."
Section 5 of the Agreement is further amended to provide for Ten Thousand Dollars and No Cents
($10,000.00) in contingency for Additional Services from July 30, 2023, to July 29, 2024, and Fifteen
Thousand Dollars and No Cents ($15,000.00) in contingency for Additional Services from July 30, 2024
to July 29, 2025, should Additional Services be needed.
4. 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.
5. 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.
[SIGNATURE PAGE TO FOLLOW]
CT Mechanical - Third Amendment
RESOLUTION NO. 2023 - 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN AMENDED AND RESTATED INTERLOCAL AGREEMENT
WITH MIAMI-DADE COUNTY TO REESTABLISH DISTRIBUTION OF PROCEEDS OF
THE SIX -CENT LOCAL OPTION GAS TAX FOR THE 30 -YEAR PERIOD FROM
JANUARY 1, 2024 THROUGH DECEMBER 31, 2053; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 336.025, Florida Statutes, authorizes county governments to levy
various local option fuel taxes upon every gallon of motor fuel and diesel fuel sold in the
county and taxed under the provisions of Part I or Part II of Chapter 206 of the Florida Statutes
pursuant to an ordinance enacted by the Board of County Commissioners; and
WHEREAS, in 1993, the Board of County Commissioners of Miami -Dade County, Florida
(the "County Board"), levied a six -cent ($0.06) local option gas tax on every gallon of motor
fuel and diesel fuel sold in Miami -Dade County ("1993 Local Option Gas Tax"); and
WHEREAS, in 1997, the County Board extended the imposition of the 1993 Local Option
Gas Tax that began on September 1, 1993, for a maximum period of 30 years through
Ordinance No. 97-156; and
WHEREAS, pursuant to Resolution No. R-903-98, Miami -Dade County and eligible
municipalities entered into an interlocal agreement in accordance with Section
336.025(3)(a)(1), Florida Statutes, establishing the method of distributing the proceeds of the
six -cent ($0.06) local option gas tax within Miami -Dade County for the remainder of the 1993
Local Option Gas Tax's term; and
WHEREAS, the proceeds of the 1993 Local Option Gas Tax have been distributed in
accordance with the terms of that interlocal agreement; and
WHEREAS, by ordinance, Miami -Dade County desires to re -levy the six -cent local option
fuel tax authorized by Section 336.025(1)(a), Florida Statutes for the 30 -year period including
January 1, 2024 through December 31, 2053; and
WHEREAS, Miami -Dade County and various municipalities representing a majority of the
population of the incorporated areas of Miami -Dade County desire to amend and restate their
current interlocal agreement in order to reestablish the distribution formula currently being
used to distribute local option fuel tax proceeds between Miami -Dade County and eligible
municipalities for the 30 -year period including January 1, 2024 through December 31, 2053;
and
WHEREAS, the City Commission finds that entering into the Amended and Restated
Interlocal Agreement with Miami -Dade County in substantially the form attached hereto as
Exhibit "A" would be in the best interest of the City.
@BCL@DCOB79F4.doc Page 1 of 2 201
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified
and confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Approving the Amended and Restated Interlocal Agreement with Miami -Dade
County. The City Commission hereby approves the Amended and Restated Interlocal
Agreement with Miami -Dade County providing for the distribution of local option fuel tax
proceeds between the County and eligible municipalities for the 30 -year period including
January 1, 2024 through December 31, 2053, in substantially the form attached hereto as
Exhibit "A" and made a part hereof.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to
execute the Amended and Restated Interlocal Agreement with Miami -Dade County, in
substantially the form attached as Exhibit "A," and to do all things necessary to effectuate this
Resolution.
Section 4.
ATTES
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 17"
Maukicio Betancur,jCMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
(A)1446 luo
in E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by:6w���, 4d&4 Seconded by:
Vote:
@BCL@DCOB79F4.doc Page 2 of 2 202
Mayor Svechin
(Yes)
(No)
Vice Mayor Joseph
f(� Yes)
(No)
Commissioner Lama
,/ (Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
@BCL@DCOB79F4.doc Page 2 of 2 202
INTERLOCAL AGREEMENT
THIS AMENDED AND RESTATED AGREEMENT entered into this _ day of _ 2023,
by and between Miami -Dade County, Florida, a political subdivision of the State of Florida and
municipalities representing a majority of the population of the incorporated area of Miami -Dade
County.
WITNESSETH
WHEREAS, Section 336.025, Florida Statutes, authorizes county governments to levy
various local option fuel taxes upon every gallon of motor fuel and diesel fuel sold in the county
and taxed under the provisions of Part I or Part II of Chapter 206 of the Florida Statutes pursuant
to an ordinance enacted by the Board of County Commissioners; and
WHEREAS, in 1993, the Board of County Commissioners of Miami -Dade County,
Florida ("Board"), levied a six -cent ($0.06) local option gas tax on every gallon of motor fuel and
diesel fuel sold in Miami -Dade County ("1993 Local Option Gas Tax"); and
WHEREAS, in 1997, this Board extended the imposition of the 1993 Local Option Gas
Tax that began on September 1, 1993, for a maximum period of 30 years through Ordinance No.
97-156; and
WHEREAS, pursuant to Resolution No. R-903-98, Miami -Dade County and eligible
municipalities entered into an interlocal agreement in accordance with Section 336.025(3)(x)(1),
Florida Statutes, establishing the method of distributing the proceeds of the six -cent ($0.06) local
option gas tax within Miami -Dade County for the remainder of the 1993 Local Option Gas Tax's
term; and
WHEREAS, the proceeds of the 1993 Local Option Gas Tax have been distributed in
accordance with the terms of that interlocal agreement; and
1
MDC009
WHEREAS, by ordinance, Miami -Dade County desires to relevy the six -cent local option
fuel tax authorized by Section 336.025(1)(a), Florida Statutes, for the 30 -year period including
January 1, 2024 through December 31, 2053; and
WHEREAS, Miami -Dade County and various municipalities representing a majority of
the population of the incorporated areas of Miami -Dade County desire to amend and restate their
current interlocal agreement in order to reestablish the distribution formula currently being used
to distribute local option fuel tax proceeds between the County and eligible municipalities for the
30 -year period including January 1, 2024 through December 31, 2053,
NOW, THEREFORE, in consideration of the covenants contained herein, the receipt and
adequacy of which are hereby acknowledged by all parties hereto, it is agreed as follows:
1. This amended and restated agreement shall become effective upon its approval by
the governing bodies of the County and of municipalities representing a majority of the population
of the incorporated area of Miami -Dade.
2. The distribution formula described in the original interlocal agreement provided in
County Resolution No. R-903-98 has governed local option gas tax distributions for FY 1999-
2000 and each subsequent fiscal year for the entire term of the "1993 Local Option Gas Tax", as
defined in Article IX, Chapter 29 of the Code of Miami Dade County, Florida, as amended.
3. The parties desire to have that same distribution formula govern gas tax
distributions for any local option gas taxes relevied by Miami -Dade County pursuant to Section
336.025(1)(a), Florida Statutes, for the 30 -year period including January 1, 2024 through
December 31, 2053.
4. Currently, Miami -Dade County has imposed and levied a local option gas tax of up
to six cents, the net proceeds thereof had been previously allocated on the basis of 70.4 percent
2
MDC010
(the "County portion") to the County and 29.6 percent (the "municipal portion") to all eligible
incorporated municipalities in Miami -Dade County, Florida pursuant to Section 336.025(6),
Florida Statutes. Net proceeds shall mean local option gas taxes collected by the Florida
Department of Revenue ("DOR") less the amount retained by the DOR for administration as
provided under Florida law.
5. The municipal portion of the local option gas taxes shall be distributed among the
eligible incorporated municipalities in Miami -Dade County, Florida, based on a formula as
follows:
a. Seventy-five percent based upon the ratio of the population of each eligible
incorporated municipality compared to the total population of all eligible
incorporated municipalities in Miami -Dade County; and
b. Twenty-five percent based upon the ratio of total centerline miles of roadway
maintained by each eligible incorporated municipality compared to the total
centerline miles maintained by all eligible incorporated municipalities in Miami -
Dade County.
6. In the event that an eligible municipality annexes an area of unincorporated Miami -
Dade County or a newly incorporated municipality becomes eligible for participation in the
distribution of local option gas tax proceeds, the distribution shall be set in accordance with the
formula in Sections 5(a) and 5(b), in which case the County's Unincorporated Municipal Service
Area ("UMSA") share will be reduced by the proportionate reduction in population and roadway
centerline miles, and provided to the municipal portion with the County and municipal shares
adjusted accordingly. For calculation purposes, the UMSA share of the County's portion shall be
defined as 20 percent of the original 74 percent County share of the 1993 Local Option Gas Tax,
3
MDC011
as described in Section 29-79 of the Code of Miami -Dade County, Florida. The County's portion
of the local option gas tax shall never be less than 80 percent of the original 74 percent share (59
percent of the total net proceeds distributed by the state).
7. Population figures used shall be the figures used to determine the annual
distribution of the half cent local government sales tax pursuant to Section 218.60(1)(a), Florida
Statutes. Centerline mile figures shall be based upon yearly figures submitted by each municipality
to the Department of Financial Services in their Annual Financial Report and recorded by the
Florida Department of Transportation as required by Section 218.32, Florida Statutes. The
population and centerline mile figures shall be updated annually with data current as of June 1 of
each year.
8. Miami -Dade County will use its best efforts to spend two thirds of the County
portion on transportation expenses within the incorporated municipalities.
9. The percentages for distribution shall be calculated by the County annually. By July
1 of each year, the County shall notify all municipalities and the appropriate state agencies of the
percentages for distribution of LOGT proceeds among the municipalities for the upcoming annual
period commencing January 1. The percentage for distribution of local option gas tax proceeds to
any city whose current population or centerline mile figures are not available shall be determined
by the County based on the most recent available population and/or centerline mile figures reported
to the state. In the event that either the population figures and/or the centerline miles are proven to
be incorrect for any given municipality in any given year, the correction to the percentage
distribution will be made in the subsequent year gas tax distribution calculation.
10. Pursuant to Section 336.025(5)(b), Florida Statutes, disputes regarding the
percentage of distribution to any municipality hereunder shall be resolved through an appeal to the
4
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Administration Commission in accordance with procedures developed by the Commission.
Pending final disposition of such proceedings, the tax shall be collected and such funds shall be
held in escrow by the Clerk of the Circuit Court of the County until final disposition is made.
11. The net proceeds of local option gas taxes shall only be used for "transportation
expenditures," as defined by Section 336.025(7), Florida Statutes.
12. In the event that a significant shift of responsibility for regional transportation
services occurs between the County and the municipalities, this interlocal agreement may be
renegotiated by the mutual consent of the County and the municipalities representing a majority
of the population of the incorporated area of Miami -Dade County.
IN WITNESS WHEREOF, the parties have caused this Amended and Restated Interlocal
Agreement to be executed by their respective and duly authorized officers as of the date written
above.
ATTEST:
JUAN FERNANDEZ-BARQUIN,
CLERK
By:
DEPUTY CLERK
ATTEST:
By:
ATTEST:
By:
MIAMI-DADE COUNTY, FLORIDA
By:
Name:
Title:
ATTEST:
LOW
ATTEST:
5
MDC013
MEMORANDUM
TO: Honorable Chairman Oliver G. Gilbert, III
and Members, Board of County Commissioners
FROM: Geri Bonzon-Keenan
County Attorney
Agenda Item No. 8(G)(1)
DATE: July 18, 2023
SUBJECT: Resolution approving amended
and restated interlocal agreement
with various municipalities to
reestablish distribution of
proceeds of the six -cent local
option gas tax for the 30 -year
period from January 1, 2024
through December 31, 2053;
authorizing County Mayor to
execute the agreement and to
exercise all provisions contained
therein
The accompanying resolution was prepared by the Office of Management and Budget and placed
on the agenda at the request of Prime Sponsor Vice Chairman Anthony Rodriguez.
GBK/gh
/�•a.1/� / !fit �'
Geri Bonzon Keenan
County Attorney
MDC001
Memorandum M®°"�°E
Date: July 18, 2023
To: Honorable Chairman Oliver G. Gilbert, III
and Members, Board of County Commissioners
From: Daniella Levine Cava
Mayor r: dst1Lic.cr- i`;1
Subject: Resolution Approving Amended and Restated Interlocal Agreement for the
Reestablishment and Distribution of the Six -Cent Local Option Gas Tax
Executive Summary
Pursuant to Section 336.025, Florida Statues, local counties are permitted to impose up to a six -cent
local option gas tax (per gallon) of motor and diesel fuels sold in each such county and that are
distributed to the local county and municipalities. The proceeds generated from this can be used
towards transportation purposes, that include funding activities for the Department of Transportation
and Public Works (DTPW) as well as municipal transportation functions. This item approves the
amended and restated interlocal agreement between the County and municipalities that reestablishes
the disbursement formula of the six -cent local option gas tax currently being used to distribute local
option fuel tax proceeds between the County and eligible municipalities for the 30 -year period including
January 1, 2024 through December 31, 2053.
Recommendation
It is recommended that the Miami -Dade County (County) Board of County Commissioners (Board)
approve the resolution which includes the amended and restated interlocal agreements that reestablish
the distribution methodology for the six -cent local option gas tax among the County and municipalities
currently being used to distribute local option fuel tax proceeds between the County and eligible
municipalities for the 30 -year period including January 1, 2024 through December 31, 2053.
Scope of Agenda Item
The impact of this item is countywide as the six -cent local option gas tax eligible uses include funding
public transportation operations and public works functions. Additionally, this item will allow
municipalities to fund public transportation operations and public works functions.
Fiscal Impact / Funding Source
The annual fiscal impact associated with a six -cent levy is projected to be $63.764 million in FY 2023-
24 with the County receiving $44.890 million and the municipalities receiving $18.874 million. The
relevied local option gas tax will be imposed January 1, 2024, through December 31, 2053. The
January 1 sl relevy of the six -cent local option gas tax will create a four month lapse in collections. This
lapse is being accounted for in the FY 2023-24 Proposed Budget so that no budget gaps exist for the
County and municipalities.
Delegation of Authority
This item authorizes the Mayor or Mayor's designee to execute the amended and restated interlocal
agreement with the municipalities and to exercise all provisions contained therein.
Track Record / Monitor
The Miami -Dade Office of Management and Budget (OMB) will administer and oversee the interlocal
agreements.
MDC002
Honorable Chairman Oliver G. Gilbert, III
and Members, Board of County Commissioners
Page 2
Background
State law permits counties to impose up to a six -cent local option gas tax on motor fuel and special
fuels. Miami -Dade County imposed a four -cent local option gas tax on September 1, 1983, and an
additional two cents were imposed in 1985 bringing the total tax collected to six cents. The current
local option gas tax (Ordinance 93-53) will expire on August 31St, 2023. Miami -Dade County and the
municipalities within the County share approximately $63.764 million generated by the six -cent local
option gas tax. The county and cities rely on this revenue to support their respective roadway/public
transportation expenditures. Permissible uses of the tax are:
a. Public transportation operations and maintenance
b. Roadway and right-of-way maintenance and equipment and structures used primarily for the
storage and maintenance of such equipment
c. Roadway and right-of-way drainage
d. Street lighting
e. Traffic signs, traffic engineering, signalization and pavement markings
f. Bridge maintenance and operations
g. Debt service and current expenditures for transportation capital projects in the above
program areas, including construction or reconstruction of roads
The proceeds from the existing tax are distributed based on a formula in an interlocal agreement
originally established by the parties in substantially the form provided in Resolution No. R-903-98,
which currently allocates 70.4 percent of the net proceeds to Miami -Dade and 29.6 percent to all
eligible incorporated cities. The municipal share is distributed among cities based on a weighing of
population (75 percent) and centerline miles of roadway maintained (25 percent) for each city as
compared to the total population and centerline mile figures for the entire incorporated area. The
County agrees to use its best efforts to spend two-thirds of its share within the incorporated area of
the County. The current County share is approximately $44.890 million programmed for FY 2023-24.
To meet statutory requirements, a majority of the incorporated area population of Miami -Dade County
must enter into the agreements.
Edward Marquez
Chief Financial Officer
MDC003
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MDC004
f'rl-il�
MEMORANDUM
- " (Revised)
TO: Honorable Chairman Oliver G. Gilbert, III
and Members, Board of County Commissioners
FROM: onzon-Keenan
County Attorney
Please note any items checked.
DATE: July 18, 2023
SUBJECT: Agenda Item No. 8(G)(1)
"3 -Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 2/3's
present , 2/3 membership , 3/5's , unanimous , CDMP
7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote
requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote
requirement per 2-116.1(4)(c)(2) ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
MDC005
Approved Maw Agenda Item No. 8(G)(1)
Veto 7-18-23
Override
RESOLUTION NO.
RESOLUTION APPROVING AMENDED AND RESTATED
INTERLOCAL AGREEMENT WITH VARIOUS
MUNICIPALITIES TO REESTABLISH DISTRIBUTION OF
PROCEEDS OF THE SIX -CENT LOCAL OPTION GAS TAX
FOR THE 30 -YEAR PERIOD FROM JANUARY 1, 2024
THROUGH DECEMBER 31, 2053; AUTHORIZING COUNTY
MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE
THE AGREEMENT AND TO EXERCISE ALL PROVISIONS
CONTAINED THEREIN
WHEREAS, Section 336.025, Florida Statutes, authorizes county governments to levy
various local option fuel taxes upon every gallon of motor fuel and diesel fuel sold in the county
and taxed under the provisions of Part I or Part II of Chapter 206 of the Florida Statutes pursuant
to an ordinance enacted by the Board of County Commissioners; and
WHEREAS, in 1993, the Board of County Commissioners of Miami -Dade County,
Florida ("Board"), levied a six -cent ($0.06) local option gas tax on every gallon of motor fuel and
diesel fuel sold in Miami -Dade County ("1993 Local Option Gas Tax"); and
WHEREAS, in 1997, this Board extended the imposition of the 1993 Local Option Gas
Tax that began on September 1, 1993, for a maximum period of 30 years through Ordinance No.
97-156; and
WHEREAS, pursuant to Resolution No. R-903-98, Miami -Dade County and eligible
municipalities entered into an interlocal agreement in accordance with Section 336.025(3)(x)(1),
Florida Statutes, establishing the method of distributing the proceeds of the six -cent ($0.06) local
option gas tax within Miami -Dade County for the remainder of the 1993 Local Option Gas Tax's
term; and
MDC006
Agenda Item No. 8(G)(1)
Page No. 2
WHEREAS, the proceeds of the 1993 Local Option Gas Tax have been distributed in
accordance with the terms of that interlocal agreement; and
WHEREAS, by ordinance, Miami -Dade County desires to relevy the six -cent local option
fuel tax authorized by Section 336.025(1)(a), Florida Statutes for the 30 -year period including
January 1, 2024 through December 31, 2053; and
WHEREAS, Miami -Dade County and various municipalities representing a majority of
the population of the incorporated areas of Miami -Dade County desire to amend and restate their
current interlocal agreement in order to reestablish the distribution formula currently being used
to distribute local option fuel tax proceeds between the County and eligible municipalities for the
30 -year period including January 1, 2024 through December 31, 2053,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Approves the Interlocal Agreement between Miami -Dade County and various
municipalities representing a majority of the population of the incorporated areas of Miami -Dade
County reestablishing the distribution formula currently being used to distribute local option fuel
tax proceeds between the County and eligible municipalities for the 30 -year period including
January 1, 2024 through December 31, 2053, in substantially the form attached hereto and made a
part hereof.
Section 2. Authorizes the County Mayor or the County Mayor's designee to execute the
Agreement, for and on behalf of Miami -Dade County after proper execution by all municipalities
that are parties thereto and to exercise all provisions contained therein.
MDC007
Agenda Item No. 8(G)(1)
Page No. 3
The foregoing resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Oliver G. Gilbert, III, Chairman
Anthony Rodriguez, Vice Chairman
Marleine Bastien
Juan Carlos Bermudez
Kevin Marino Cabrera
Sen. Rene Garcia
Roberto J. Gonzalez
Keon Hardemon
Danielle Cohen Higgins
Eileen Higgins
Kionne L. McGhee
Raquel A. Regalado
Micky Steinberg
The Chairperson thereupon declared this resolution duly passed and adopted this 181h day
of July, 2023. This resolution shall become effective upon the earlier of (1) 10 days after the
date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only
upon an override by this Board, or (2) approval by the County Mayor of this resolution and
the filing of this approval with the Clerk of the Board.
Approved by County Attorney as
to form and legal sufficiency.
Gerald K. Sanchez
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
JUAN FERNANDEZ-BARQUIN, CLERK
Deputy Clerk
I►/ ENTO 11:
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: Tiffany D. Neely, Finance Director
DATE: August 17, 2023
RE: Approval of an Interlocal Agreement with Miami -Dade County for the
Reestablishment and Distribution of the Six -Cent Local Option Gas Tax
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
To allow the city to continue to receive the six -cent local option gas tax revenues which help to fund
the respective roadway and public transportation expenditures within the Street Maintenance and
Construction fund.
ADDITIONAL INFORMATION:
State law permits counties to impose up to a six -cent local option gas tax on motor fuel and special
fuels. Miami -Dade County imposed a four -cent local option gas tax on September 1, 1983, and an
additional two cents were imposed in 1985 bringing the total tax collected to six cents. The current
local option gas tax (Ordinance 93-53) will expire on August 31st, 2023. Miami -Dade County and the
municipalities within the County share approximately $63.764 million generated by the six -cent local
option gas tax. The county and cities rely on this revenue to support their respective roadway/public
transportation expenditures. Permissible uses of the tax are:
a. Public transportation operations and maintenance
b. Roadway and right-of-way maintenance and equipment and structures used primarily for the
storage and maintenance of such equipment
c. Roadway and right-of-way drainage
d. Street lighting
e. Traffic signs, traffic engineering, signalization and pavement markings
Item Number: 10.K
199
WITNESS:
xa 6_W � 1/
Signature
Richard Villaverde
Print Name
ATTEST:
BY:
I_ •
BY:
Department Head
, fMC, City Clerk
C.T. MECHANICAL CO.
e
BY:
Ricardo Villa erde, President
CITY OF SUNNY ISLES BEACH
BY: U
Larisa vechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: (/&90A&46fj
ain E . B Th.- for Nabors, Giblin
& Nickerson, P.A., City Attorney
CT Mechanical - Third Amendment 2
Attachment "A"
The Original Agreement, First Amendment & Second Amendment
CT Mechanical - Third Amendment
yVNNY ,
°f
n
SECOND AMENDMENT TO AGREEMENT BETWEEN
•°°. THE CITY OF SUNNY ISLES BEACH AND
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. MECIJANICAL CO. ("Contractor"), whose Federal Identification No. is 20-
0002053, executed this;P-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.
07A 110 DMI
Signature
Nicole Villaverde
Print Name
CT Mechanical - Second Amendment
C.T. MECHANICAL CO.
o �—
BY:
Ricardo Villaverd , President
[Additional signature page follows]
ATTEST:
CITY OF SUNNY -ISLES BEACH
BY:
CMC, City Clerk LariV Svec in, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: BY:Al"��
Department Head Afain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
CT Mechanical - Second Amendment 2
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
O - SIe
:I THE CITY OF SUNNY ISLES BEACH AND C.T.
MECHANICAL CO.
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 continence 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:
Signa6e ;
fnwra�—1 ZEE O'
Print Name
A
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C.T. MECHANICAL CO.
CITY OF SUNNY ISLES BEACII
Mauricio Betancur, CMC, City Clerk Dana Robin Goldman, Mayor
CT Mechanical - First Amendment
APPROVED AS TO FORM AND
LEGAL SUFFIC NCY
BY: BY:
Department Head Edward Dion, City Attorney
S•,NNY I2E
Ot tf
- AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
> AND C.T. MECHANICAL CO.
CONTRACT NO. 2021-7666
THIS C NTRACTUAL AGREEMENT (hereinafter referred to as the "Agreeent")
is made thig'�pm
day 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.
g1 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 5PM.
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.
❑ 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.
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 With the Agreement within the warranty period
such that it complies with the Agreement.
8.2 Contractor warrants to the City that all materials and equipment 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.
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
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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: ctmechanical aol.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"' Floor, Sunny Isles Beach, Florida 33160.
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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,
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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.
2021- 7666 CT Mechanical Co. 11 223
102
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
103
City of Sunny Isles Reach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
U00f
Print Name
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ADepa lent Head
C.T. MECHANICAL CO.
Signature
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Print Name
Title
CITY OF SUNNY ISLES BEACH
BY: '
Christopher J. Russo, City Manager
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Edward A. Dion, City Attorney
2021- 7666 CT Meahnntou! Co. 13
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=gC pt � F SJ4\ 54
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: August 17, 2023
RE: Approval of a Third Amendment with CT Mechanical to Provide Maintenanc(
and Warranty Services for the Air Conditioning System at 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 City Commission approved a one-year renewal on July 20, 2023, however the City wishes to rene\n
the agreement for a two-year renewal to lock in said cost. CT Mechanical has agreed to the two-year
renewal.
Section 5 of the original Agreement between the parties is hereby amended to include additional
compensation for the two-year renewal term in an amount not to exceed $49,992.30 per year to
equal an amount not to exceed $99,984.60
Section 5 of the Agreement is further amended to provide for $25,000.00 in contingency for additional
services, should additional services be needed.
FUNDING SOURCE:
Funds have been appropriated in account no. 001-5-5720-44603-15000.
Item Number: 10.H
146