HomeMy WebLinkAboutReso 2024-3610RESOLUTION NO. 2024
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AWARDING INVITATION TO BID NO. 23-11-01 FOR STREET LIGHTING
PREVENTATIVE MAINTENANCE AND AS -NEEDED ELECTRICAL SERVICES TO, AND
APPROVING AGREEMENTS WITH, IAM ELECTRIC AS THE PRIMARY BIDDER, AND
R&D ELECTRIC AS THE SECONDARY BIDDER, ATTACHED HERETO AS EXHIBIT "A"
AND "B", RESPECTIVELY; AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sunny Isles Beach ("City") is in need of a contractor to provide
street lighting preventative maintenance and as -needed electrical services ("Services"); and
WHEREAS, on November 3, 2023, the City issued and advertised Invitation to Bid No.
23-11-01 ("ITB") for the Services, and received three (3) submissions; and
WHEREAS, pursuant to Section 2.7 of the ITB, the City may award multiple contractors,
by group; and
WHEREAS, upon due diligence review and evaluation, the City Manager has determined
that IAM Electric ("Primary Bidder") and R&D Electric ("Secondary Bidder") represented to the
City that they possess the knowledge and expertise to provide the desired Services; and
WHEREAS, the Primary Bidder submitted a bid in the amount of One Hundred Twenty
Thousand Dollars and No Cents ($120,000.00), and the Secondary Bidder submitted a bid in the
amount of Ten Thousand Dollars and No Cents ($10,000.00); and
WHEREAS, the City Commission wishes to Award the ITB to, and enter into Agreements
with the Primary Bidder in an amount not to exceed $120,000.00, and the Secondary Bidder in
an amount not to exceed $10,000.00, to provide the desired Services, attached hereto as
Exhibits "A" and "B", respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Awarding Invitation to Bid and Approval of Agreements. The City Commission
hereby awards Invitation to Bid No. 23-11-01 to, and enter into Agreements with IAM Electric as
the Primary Bidder, in an amount not to exceed One Hundred Twenty Thousand Dollars and No
Cents ($120,000.00), and R&D Electric as the Secondary Bidder, in an amount not to exceed Ten
Thousand Dollars and No Cents ($10,000.00), to provide street lighting preventative
maintenance and as -needed electrical services, attached hereto as Exhibits "A" and "B",
respectively.
Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute said
Agreements.
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Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 18th day of JarrGary,1024.
Mauricib Betancurl CMC, City Clerk
Larisa Svechin, M
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
diow. '6&�
Ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: <<� 1jjj1t7L Seconded by: ([�/JA16L�t21 1�.
Vote:
Mayor Svechin V Yes) (No)
Vice -Mayor Lama ✓ (Yes) (No)
Commissioner Joseph �---���(Yes) (No)
Commissioner Stuyvesant Yes) (No)
Commissioner Viscarra (Yes) (No)
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AGREEMENT BETWEEN THE CITY OF SUNNY
ISLES BEACH AND IAM ELECTRIC INC.
HF 9%' FLOP 0�4� CONTRACT NO. 2024-7420
OF fUN �
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this.2%ay of January, 2024, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and IAM ELECTRIC, INC., a corporation
authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose
Federal I.D. # is 83-2450520.
RECITALS
WHEREAS, the City is in need of contractors to supply all labor, materials, tools, and
equipment necessary to provide bi-monthly preventative street lighting maintenance to various
locations within the limits of Sunny Isles Beach, and to provide as -needed electrical services
("Services"); and
WHEREAS, the City issued an Invitation to Bid, ITB No. 23-11-01, entitled "Street
Lighting Preventative Maintenance & As -Needed Electrical Services," a copy of which is attached
hereto as Attachment "A" and incorporated herein by reference; and
WHEREAS, upon evaluation, Contractor was determined to have submitted the lowest
responsible and responsive bid, and was selected as the primary Contractor; and
WHEREAS, Contractor is a certified and insured entity with the necessary experience to
provide the desired Services; and
WHEREAS, the Contractor has agreed to provide the Services, as more particularly
described in the Contract Documents; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services
as more particularly described in the Contract Documents and as defined herein for One Hundred
Twenty Thousand Dollars and No Cents ($120,000.00);
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
named, 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,
as well as the terms and conditions of ITB No. 23-11-01, entitled "Street Lighting Preventative
Maintenance & As -Needed Electrical Services, and Contractor's response thereto which are
specifically incorporated herein as Attachments "A" and `B" respectively (referred to collectively
as "Contract Documents").
3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions
set forth in the Contract Documents, including but not limited to, those Services included in the
Scope of Work for "Group 1 and Group 2" ("Services"), as more specifically set forth in
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Attachment "A." Contractor shall supply all labor, materials, tools, and equipment necessary to
provide bi-monthly preventative street lighting maintenance ("Group 1") to the locations listed in
the Contract Documents, within the limits of Sunny Isles Beach, and to provide as -needed
electrical services ("Group 2").
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 contract 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 and any damages the City may suffer as a result of the Contractor's failure to
perform the Services.
4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall be for an initial three (3) year term, commencing
February 1, 2024. Prio to, or upon completion of the initial term, the City has the option, at its sole
discretion, to renew this Agreement for one (1) additional two (2) year period.
The terms of Sections 18 and 20 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 Services performed under this Agreement, in a total amount not
to exceed One Hundred Twenty Thousand Dollars and No Cents ($120,000.00). Payment to
Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract
Documents, 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 in accordance with the Invoicing provisions contained in ITB No.
23-11-01, attached hereto as Attachment "A." 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
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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
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:
a. Comprehensive General Liability Insurance. General Liability for Bodily Injury &
Property Damage with limits of $1,000,000 per occurrence and $2,000,000 annual
aggregate on a primary and non-contributory basis, including the City of Sunny Isles Beach
as Additional Insured, with a Waiver of Subrogation to the City and a Hold Harmless
Agreement. Coverage must be offered in a form no more restrictive than the latest edition
of the Comprehensive General Liability policy, without restrictive endorsements, as filed
by the Insurance Services Office, and shall specifically include the following with
minimum limits not less than those required for Bodily Injury Liability and Property
Damage Liability:
• Premises and Operation;
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Independent Contractors;
Products and/or Completed Operations Hazard;
Broad Form Property Damage;
o Broad Form Contractual Coverage applicable to this specific Contract,
including any hold harmless and/or indemnification agreement.
o Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
$3,000,000 Umbrella/Excess Liability over and above and following the above mentioned
General Liability & Commercial Automobile Liabilities.
b. Business Automobile Liability. Business Automobile Liability with minimum limits of
One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. 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;
• Employers' Non -City ship.
Before starting the Services, Contractor will file and make sure that all certificates of
insurance required by this document and by the Contract Documents are in the City's
possession. These certificates shall contain a provision that the coverage afforded under
the policies will not be canceled or materially changed until at least thirty (30) days prior
written notice has been given to the City by certified mail. The City shall be named as an
additional insured on the above -referenced policies.
Contractor agrees that if any part of the Services under the Contract is sublet, they will
require the Sub-Contractor(s) to carry insurance as required, and that they will require the
Sub-Contractor(s) to furnish to them insurance certificates similar to those required by the
City in this section.
C. Worker's Compensation Insurance. Worker's Compensation Insurance for statutory
obligations imposed by Worker's Compensation or Occupational Disease Laws, including,
where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal
Employers' Liability Act and the Homes Act, and Workers' Compensation in accordance
with Florida Statute, including Employer's Liability of $1,000,000. Contractor agrees to
be responsible for the employment, conduct and control of its employees and for any injury
sustained by such employees in the course of their employment
d. Professional Liability Insurance. If required for a specific project, the Contractor must be
able to furnish a Professional Liability Insurance coverage for negligent acts, errors, and
omissions in the amount of one million dollars ($1,000,000), with a minimum coverage of
one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000)
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aggregate. The Professional Liability policy/coverage shall be amended, if necessary, to
include the following:
• Description on the declaration describing the scope of your professional services and
shall include all aspects of the services performed under this Agreement, including
negligent acts, errors or omissions arising out of your operations or any qualified sub -
consultants and sub -tier consultants for whom you are legally liable.
• Deletion of any exclusions pertaining to design/build liability.
• Coverage shall apply for one (1) year after the Project is complete.
e. Cancellation and Re -Insurance. It shall be the responsibility of the bidder and insurer to
notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material
modification of any insurance policies insuring the Proposers, which relate to the activities
of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing,
and shall be submitted to the City finance support service director thirty (30) days prior to
cancellation of such policies. This requirement shall be reflected on the certificate of
insurance. Failure to fully and satisfactorily comply with the City's insurance and bonding
requirements set forth herein will authorize the City Manager to implement a rescission of
the Bid award without further City Commission action.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or
self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for contractual
liability, with the City named as additional insured. All policies shall contain a waiver of
subrogation endorsement. All policies and certificates shall be in forms and issued by insurance
companies acceptable to the City Manager or his designee. All insurance policies and certificates
of insurance shall provide that the policies may not be canceled or altered without thirty (30) days
prior written notice to the City. Contractor shall also require and ensure that each of its sub -
Contractors providing services hereunder (if any) procures and maintains, until the completion of
the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO
THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
8. WARRANTY OF SERVICES.
It is intended by the Parties that the City obtain the most expansive warranty services available
in the Contract Documents. Unless otherwise provided in Attachments "A" and `B," the
Contractor's Warranty of Services shall be as follows:
8.1 The Contractor shall warrant the labor performed for a minimum period of one (1)
year from the date the Services are complete. This warranty shall be in addition to
whatever rights the City may have under state or federal law. The Contractor's
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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.
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 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
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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.
1. 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.
2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. The terms of Paragraph 10A(1)
and l0A(2) 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
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voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which the
Agreement expires or terminates for any reason whatsoever, disclose to any person or entity, other
than in the discharge of the duties of the Contractor under this Agreement, any information which
the City designates in writing as "confidential." As a violation by the Contractor of the provisions
of this Section could cause irreparable injury to the City and there is no adequate remedy at law
for such violation, the City shall have the right, in addition to any other remedies available to it at
law or in equity, to enjoin the Contractor from violating such provisions.
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 parry to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by electronic mail (e-mail) (with a copy simultaneously sent by certified or registered mail,
first class postage prepaid, return receipt requested or by overnight delivery by traditionally
recognized courier service), addressed to such party as follows:
If to the City:
Stan Morris
With a copy to:
City Manager
City Attorney
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1776
Tel: (305) 792-1766
smorris@sibfl.net
aboileau@ngn aw.com
If to the
Ignacio Aguilera, President
Contractor:
10775 SW 52 Terrace
Miami, Florida 33157
Telephone: 786 760-2668
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ignacioiamelectricinc@yahoo.com
14. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform the
service.
B. 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.
C. 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.
D. 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, 4tn
Floor, Sunny Isles Beach, Florida 33160.
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, gender, disability or other handicap, age, marital/familial
status, or status with regard to public assistance.
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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, 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.
IAM Electric, Inc 10 280
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
19. LIQUIDATED DAMAGES. Failure to complete all the work within the time specified
above, including any extension granted in writing by the City, shall obligate the Contractor to pay
the City, as liquidated damages and not as a penalty, a minimum amount equal to One Hundred
Dollars ($100) for each calendar day of delay in the completion of all the work. The liquidated
damages will be defined per project. If any liquidated damages are unpaid by the Contractor, the
City shall be entitled to deduct these unpaid liquidated damages from the monies due the
Contractor.
20. 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.
21. 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 Attachments "A" and `B."
22. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
for goods or services if at the time of bidding, submitting a proposal for, or entering into or
renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
engaged in the boycott of Israel. Contractors must certify that the company is not participating in
a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more
shall be terminated at the City's option if it is discovered that the company submitted a false
certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1,
2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "C." Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
the false certification. The Contractor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Contractor does
not demonstrate that the City's determination of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 287.135.
23. 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
IAM Electric, Inc 11 281
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a
subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In
accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify
requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website
(https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The
Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "D."
24. BACKGROUND CHECKS. Prior to performing work in the City pursuant to the
Agreement, Contractor, and managers, employees, independent contractors, and any
subcontractors of Contractor (collectively "Personnel") that will perform work under this
Agreement shall be required to undergo a criminal background check consisting of a Florida
Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime
Information Center ("FCIC/NCIC") criminal records check. Any Personnel not meeting this
requirement will not be permitted to perform work under this Agreement. The background check
will be performed by the City's Human Resources Department, at the Contractor's sole expense.
Failure of Contractor to comply with this provision, shall be cause for termination of the
Agreement.
25. 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.
[SIGNATURE PAGE TO FOLLOW]
IAM Electric, Inc 12 282
r r
C'ir<p oj',S►rn►fit Islc.� li'urcl► 18070 Collin
s Avenuc, Sunny Islcs Ilctich, I-Ioricla 33160
(305) (),17.0()06 plume (30:5) 949-3113 I`ax
IN WITNESS \VIII?RF;Oli', the parties hereto have executed this Agreement in duplicate
oil the day and Veal'ttt'til iVl'illetl ah(1VC,
\\'ITN FSS:
Sionature
f ---U 1C/f
Print Name.
t STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
a
IANI ELECTRIC, INC.
By
IgnacioAguilera, President
The foregoing instrument was acknowledged before me by means of 12physical presence or ❑
online notarization, this day of January, 2024, by Ignacio Aguilera, as President of IAM
Electric, Inc.
(SEAL)
` JASMINE HOLLOWAY
W021sm-21
Notary Public
State of Florida
Comm# HH299769
Expires 2/11/2026
Personally Known _ or Produced Identification _/
Type of Identification Produced: FJZ).. 2C,'?n
1AM Electric, Inc
I
Notary Public, State of Florida
(Signature of Notary Public)
I Sm'I A P 4011 l?CA.�,OV
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOW[
13
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
CITY OF SUNXTMSLES BEACH
ATTESTi
UK By:
Beta lcur, City Clerk Larisa Sve hin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: 4
"kw)
A ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
IAM Electric, Inc 14 284
;�;•1
ADDENDUM # 4
DECEMBER 1, 2023
INVITATION TO BID 23-11-01
ELECTRICAL SERVICES
DESCRIPTION OF WORK
GROUP I - MAINTENANCE AND SERVICE OF STREETLIGHTS - EVERY 2 MONTHS
ITEM
DESCRIPTION OF WORK
NO.
(lam - Spm ►10NDAY -
NO
QTY
PER LIGHT
EXTENDED
1
Maintenance and service per streetlight for
I
MASTER ELECTRICIAN
S 443S
streetlights to include labor and equipment.
JOURNEYMAN
r)
S ! ,,.y
3
COLLINS AVE PER EXHIBIT A
156
S 31
4
BUCKET TRUCK WITH OPERATOR
The City will supply Ballast and Light Bulbs
S $ 6
5
ONE PERSON INDOOR LIFTTO A
$
115
for this Grou
$
$
2
Maintenance and service per streetlight I'or
6
PULL. BOXES (FURNISHI & INSTALL)
S
S
streetlights to include labor and equipment.
t"p
n
GOLDEN SHORES PER EXHIBIT B The
130
S
"
City will supply Ballast and Light Bulbs for
8
this Group
S `
$
$
3
Maintenance and service per streetlight f'or
is it
10
Maintenance of Traffic (MOT) Only a maximum
$ LS (Lump Stun) Mark-up
streetlights to include labor and equipment.
!�
�P
C
8 1 C r 1
State Road 826 (163rd Sunny Isles Blvd) PER
18
.4
EXHIBIT C. The City will supply Ballast and
Light Bulbs for this Group
$
$
EVERY TWO (2) MONTHS GROUP 1
$ 15 16 9i4
TOTAL ANNUAL GROUP 1
$ 10 '
GROUP 2 - ADDITIONAL LABOR, SERVICES & MATERIALS - CITYWIDE AS -NEEDED
ITENI
DESCRIPTION OF WORK
REGULAR HOURS
OVERTIME
S .�
NO.
(lam - Spm ►10NDAY -
HOURLY
FRIDAY)
RATE
I
MASTER ELECTRICIAN
S 443S
2
JOURNEYMAN
S '30
S ! ,,.y
3
ELECTRICIAN'S HELPER
�•
S 26
S 31
4
BUCKET TRUCK WITH OPERATOR
S 36
S $ 6
5
ONE PERSON INDOOR LIFTTO A
$
115
S /SMAXIMUM
OF 4S' FT
6
PULL. BOXES (FURNISHI & INSTALL)
S
S
7
MINI EXCAVATOR WITH OPERATOR =
S
S
8
COMPRESSOR OPERA'T'OR
S `
S
9
CRANE TRUCK WITH OPERATOR
S
is it
10
Maintenance of Traffic (MOT) Only a maximum
$ LS (Lump Stun) Mark-up
S% markup oil MOT
1
PER LINEAR FOOT- LF
I
TRENCHING
S
2
DIRECTIONAL BORING
S .�
MARK-UP ON O.E.M. / MSRP List for parts , /62
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QUALIFICATION REQUEST
INCLUDE WITH YOUR BID
Contractor must list projects of similar project scope fulfilling the following qualification requests:
1. List Contract Management Personnel. Personnel cannot be changed without written approval.
Contract Manager ��OIt1ClC'� I�OIVJ�U�Xq,
2. How many years has your organization been in business as a Contractor?
3. List current workload.
A_ r T a c t4 -c ,o o n -r N c o -.n aA tv e. re, (L e
4. The business is a (sole proprietorship) (partnership) (corporation) and name of owner:
I
�e tofpachan , snmc_a)Aa\0 1 la
R 5. Has your company ever been debarred or terminated for default on a government contract?
r t
7. Firm must list any exceptions taken to the terms and condition in this ITB.
8. Discuss strategies the submitter will implement to ensure the project is kept on budget.
Rah I&NAM , how Dnp ,bcOcllCtfi
�;_cri(�t'�G1S'�5 � Steri 1UQ,(`ft_1
a
i
IM"'REBUIWIR."'M MW RIWIM MAMMORK37k 0MVIAM � - M - M M
9. Have you personally inspected the plans and location, are there any concerns that may impede
your performance on this contract?
10. Describe the submitter's attributes, which make the submitter best -suited for this project.
A*1ii�7�i1[I ,!�i�
11. Is your firm applying for Group 1 or Group 2, or both?
END OF SECTION
E -Verify Affidavit
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
4 : employment eligibility of all new public employees through the U.S. Department of Homeland Security's 11 -
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E -Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles
s� Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further, the contractor must also require and
maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to
ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit
the E -Verify website (https://www.a-verify.gov/emplovers/enrolling-in-e-verify.) and follow the
Y instructions. The contractor must, as usual, retain the 1-9 Forms for inspection.
ri
e•
,i
By affixing your signature below you hereby affirm that you will comply with E -Verify requirements.
.SRM �,1EC'►tiG S-Nc
Company Name
11 128 l 20 z
offer6Wnat6re Date
�f�.o
Pr Name Title
2�5CF)2o
Federal Employer Identification Number (FEIN)
Sworn to and subscribed before me on this this _day of N0VVJ(Yqn 2t;- 2023.
By Za h a CID Aa M i) e. r -L
0 Is personally known to me
Has produced identification (type of identification produced: FL Droar'S +C 4gt
`l
JOSE JAIME$
�AGe
S` nature of o ry Public z Notary Public, State of Florida
Commission# HH 323046
�. My comm. expires Oct. 17, 2026
A Y:
1� �o J L .�oCI�NLC�-�' (:/G-4��i f 2.d �Ci
Print or Stamp of Notary Public Expiration t5ate
P!
294
SUNNY �S�F
ANTI -KICKBACK
City of Sunny Isles Beach
'• 18070 Collins Avenue
,'"• tiF i99' • i•o w`ov h,Y V . Sunny Isles Beach FL 33160
v� v
u cr`` orsuµ'` Telephone: (305) 947-0606 Fax: (305) 949-3113
ANTI
4P, -KICKBACK AFFIDAVIT
I14 STATE OF FLORIDA )
14"' COUNTY OF NiiarKi- fade)
A: I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
.t.
Title:/�0�/17`
The foregoing instrument was acknowledged before me this 7_6+4 day of
I�oy&M(oer 20 3 , by Tdin act`o >A!pt t,,ra. [name
of person), as [type of authority], for
Tortivint)/' [name of party on behalf of whom instrument was
e cuted].
AFFIX NOTARY STAMP HERE:
y ' ' JOSE JAIMES
Notary Public, State of Florida
Commission# HH 323046
! My comm. expires Oct. 17, 2026
#tary P b c — State of Florida
Jose. Jer ; A10<
Print or Type Commissioned Name
Personally Known OR Produced Identification
Type of Identification Produced F U Obi ✓ e.rs
DECEMBER 28, 2010
295
,1•
S31ANY IS,
I
CONFLICT OF INTEREST
City of Sunny Isles Beach
A•',➢ r • 18070 Collins Avenue
.r yF s� • F L OP`Ov y�r Sunny Isles Beach, FL 33160
' or svN 'a Telephone: (305) 947-0606 Fax: (305) 949-3113
CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must
f •: disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the
City of Sunny Isles Beach or its agencies.
STATE OF FLORIDA
COUNTY OF Mle4d4%- I�.t
BEFORE ME, the undersigned authority, personally appeared _ 9 N a Cr O Amm milerot , who was duly sworn,
deposes, and states:
r•< 18.1. 1 am the of
?t 1 with a local office in and principal office in
18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. described
as: Golden Shores Street Lighting. The Affiant has made diligent inquiry and provides the information contained in this
Affidavit based upon his own knowledge.
18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has
no financial interest in other entities submitting Bids for the same project.
As 18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in
+� any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for
the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and
execution of the Contract for this project.
18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from
participation in contract letting by any local, State, or Federal Agency.
18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any
other clients, contracts, or property interests for this project.
18.7 1 certify that no member of the entity's ownership or management is presently applying for any employee position or
I actively seeking an elected position with the City of Sunny Isles Beach.
18.81 certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City
of Sunny Isles Beach.
r .
1 18.9 In the event that a conflict of interest is identified in the provision of services, 1, on behalf of the above named entity, will
immediately notify the City of Sunny Isles Beach.
t �{/ Dated this 28>�� day ofdBytem6 f -r, , 2023.
AFFIANT Print or Type Name and Titlegn,o.�,10
Sworn to and subscribed before me this�day ofOV'CI'Y1 %C ('' 2023.
OPersonally Known OR
i
G7 Produced Identification ; Type of Identification f% y*6 PS C@d1 f�
;r
vq NOTARY PUBLIC STATE OF FLORIDA
JOSE JAIMES
•� o y p°m� Notary Public, State of Florida
Commission# HH 323046
My comm, expires Oct. 17, 2026
,
{' DECEMBER 28, 2010
i
a,
296
11.5. 1 understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
.. enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "persons" includes those officers, directors, executives, partners, shareholders,
�k ; employees, members, and agents who are active in management of any entity.
' R 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity
ISA submitting this sworn statement. (indicate which statement applies.)
5� X Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners,
{ shareholders, employees, members, or agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
t The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
` 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
i, affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989, However, there has been a subsequent proceeding before a Hearing Officer of the State of
Ia: •� Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order.)
r, •: N
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE 1S FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
s A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM,
i+1r By. \�
!! ; (Signature)
TArckcAo A9k.Ocm
(Printed Name)
PtCS���c1�
;l (Title)
Sworn to and subscribed before me this Z& day of No Vt,&16e,1- 20 23 , by
fer Yia.ctQ MtAtIGrc
(AFFIX NOTARY STAMP HERE)
��qv pOH JOSE JAIMES Si nature:
z° Notary Public, Stale of Florida g
Commission# HH 323046
My comm. expires Oct, 17, 2026
Personally Known OR Produced Identification
FL l YtrJ f CB A J -e,
297
Is
market value under an arm's length agreement, shall be a prime facie case that one person
'
controls another person. A person who knowingly enters into a joint venture with a person who
s'''•
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
;► ,;..
considered an affiliate.
11.5. 1 understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
.. enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "persons" includes those officers, directors, executives, partners, shareholders,
�k ; employees, members, and agents who are active in management of any entity.
' R 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity
ISA submitting this sworn statement. (indicate which statement applies.)
5� X Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners,
{ shareholders, employees, members, or agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
t The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
` 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
i, affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989, However, there has been a subsequent proceeding before a Hearing Officer of the State of
Ia: •� Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order.)
r, •: N
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE 1S FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
s A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM,
i+1r By. \�
!! ; (Signature)
TArckcAo A9k.Ocm
(Printed Name)
PtCS���c1�
;l (Title)
Sworn to and subscribed before me this Z& day of No Vt,&16e,1- 20 23 , by
fer Yia.ctQ MtAtIGrc
(AFFIX NOTARY STAMP HERE)
��qv pOH JOSE JAIMES Si nature:
z° Notary Public, Stale of Florida g
Commission# HH 323046
My comm. expires Oct, 17, 2026
Personally Known OR Produced Identification
FL l YtrJ f CB A J -e,
297
SUNNY +S�Fs
�.. PUBLIC ENTITY CRIMES
V _
City of Sunny Isles Beach
�`' , p'• 18070 Collins Avenue
't'p ,A➢7 F L0 V" Sunny Isles Beach, FL 33160
o: svO "09 Telephone: (305) 947-0606 Fax: (305) 949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of
real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub -Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
11.1. This sworn statement is submitted to City of Sunny Isles Beach
by�pnn :�lcn ivi ua s n( m0 n i ek j 1 Q pCf S�n4f�iC
for T -w ScLUX 1xQ_
1pnn name -r of en{iiy su m: ing sworn s a emen
whose business address is:
and (if applicable) its Federal Employer Identification number (FEIN) is q,3>_21_\5O52.0
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement: )
11.2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
11.3. 1 understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere.
11.4. 1 understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) Any entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
i interest in another person, or a pooling of equipment or income among persons when not for fair
DECEMBER28,2010
298
;ti•
NON -COLLUSION AFFIDAVIT
V _
City of Sunny Isles Beach
•', "':�_ " 18070 Collins Avenue
�. 'Ds • p lOP`O S° Sunny Isles Beach, FL 33160
0
or s�N'` Telephone: (305) 947-0606 Fax: (305) 949-3113
r, STATE OF FLORIDA )
COUNTY OFIVI*aMt
51 f_
The undersigned being first duly sworn as provided by law, deposes, and says:
y..� This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be
relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
h')
Y (Name of Corporation, Partnership, Individual, etc.)
a, K' b f4T10'�% formed under the laws of L
(Type of Business) (State)
of which he is
(Sole Owner, Partner, President, etc.)
j
Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the
undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
�f
This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired,
connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or
corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in
the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph
10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or
�,►5 to any member or agent thereof.
AFFIARFFNAME AFFIANT'S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this ZXik day of lV OVGM4C 202.3
! Personally Known or Produced Identification
Type of identification Fl- Drt J��1 Lr cG,�lfG
(Affix seal here)
J• O ARY P BLIC (name printed or typed)
;f -
Il
k
v °Ge JOSE JAIMES
e � Notary Public, State of Florida
I; " Commission# HH 323046
- , My comm. expires Oct. 17, 2026
DECEMBER 2B, 2010 -
299
EQUAL OPPORTUNITY /
y AFFIRMATIVE ACTION
tiF
City of Sunny Isles Beach
A s
`
C"
FLD �
.Y OF suµ18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT
k; The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter and spirit of
federal, state, and local laws and regulations prohibiting discrimination based on race,
color, religion, national region, sex, age, handicap, marital status, and political affiliation or
belief.
�'. Signed: 'ler
Title: PccsV.2M
0
Firm: M lr-ACnbc A1C
Address: 10—YA5 SIN b2 -M,
DECEMBER 28, 2010
300
�C .: .:.
DISPUTE DISCLOSURE
`•.'`%` City of Sunny Isles Beach
18070 Collins Avenue
F L o y° Sunny Isles Beach, FL 33160
'
OF SUN Telephone: (305) 947-0606 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please
explain in the space provided, or on a separate sheet attached to this form.
19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES NO C
19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES NO X
!' 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
�. or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES NO If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
�C T.UN-NC 10 2d 206
+ Firm Date
Authoriz d Signature Pri or Type Nahib and Title
DECEMBER 28, 2010
301
i
.0
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
[PURSUANT TO FLORIDA STATUTE § 215.4725]
I, XQrwo , on behalf of SRM Ce Ep_A (_!c We -
Print NaiVe Company Name
C certifies that VM �-AecxtaC Y, C does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
J
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
t
Sign ure
��5►C�.nt
Title
i 0
Date
302