HomeMy WebLinkAboutReso 2025-3837RESOLUTION NO. 2025 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH KVP
ENTERPRISES, INC., d/b/a EXPERT DIESEL FOR SERVICES AND REPAIR OF CITY'S
BUSES WITH DIESEL ENGINES, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
TWENTY THOUSAND DOLLARS AND NO CENTS ($120,000.00), ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") was in need of a contractor to
service and repair the City's buses with diesel engines, including warranty and non -warranty
work and parts replacement (the "Services"); and
WHEREAS, on October 3rd, 2024, the City Manager executed an Agreement with KVP
Enterprises, Inc. d/b/a Expert Diesel (the "Contractor") to provide the City with the desired
Services, in an amount not to exceed $40,000.00, for an initial term of a one (1) year, with a one
(1) year renewal option; and
WHEREAS, Contractor is a certified and insured company with the necessary experience
to provide the desired Services; and
WHEREAS, Miami -Dade County issued Invitation to Quote ("IT(X") No. PM-EVN0002338,
entitled "Purchase of OEM Parts/Supplies/Repairs/Service," and on or about October 10, 2023,
Miami -Dade County awarded various contractors, including Contractor, a contract for a three
(3) year term, up through and including October 9, 2026; and
WHEREAS, pursuant to section 62-13(C) of the City's Code of Ordinances, purchases
made under state, county or other governmental contracts, or competitive bids with other
governmental agencies are exempt from the City's competitive bidding procedures; and
WHEREAS, the City Commission wishes to approve the First Amendment to the
Agreement with the Contractor to provide the desired Services, in an amount not to exceed
One Hundred Twenty Thousand Dollars and No Cents ($120,000.00), bringing the total contract
amount not to exceed One Hundred Sixty Thousand Dollars and No Cents ($160,000.00),
attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of First Amendment. The City Commission hereby approves the First
Amendment to the Agreement with the Contractor to provide the desired Services, in an
amount not to exceed One Hundred Twenty Thousand Dollars and No Cents ($120,000.00),
@BCL@FOOF77C5.doc Page 1 of 2 143
bringing the total contract amount not to exceed One Hundred Sixty Thousand Dollars and No
Cents ($160,000.00), 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 will become effective upon adoption.
PASSED AND ADOPTED this 15th day of May, 025.
ATTEST: A
Maurlcio Betanc�r, CMC, City Clerk
Larisa Svechin, M
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
4SL4'-.
Iain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by:
Seconded by:�/�
Vote:
s
Mayor Svechin/(Yes)
(No)
Vice Mayor Lama
e/A(•Yes)
(No)
Commissioner Joseph
Yes)
(No)
Commissioner Stuyvesant
./",,A( es)
(No)
Commissioner Viscarra
s/ (Yes)
(No)
@BCL@FOOF77CS.doc Page 2 of 2 144
- Jslll
''J ,. FIRST AMENDMENT TO THE AGREEMENT BETWEEN
~' THE CITY OF SUNNY ISLES BEACH AND KVP
Rte,.
'x ENTERPRISES, INC., d/b/a EXPERT DIESEL
yF ' FLOR y„c
CONTRACT NO. 2024-8835
oc SUN
THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY
ISLES BEACH ("City") and KVP ENTERPRISES, INC., d/b/a EXPERT DIESEL, whose
Federal Employer Identification (FEI) No. is 65-0088563 ("Contractor"), executed this 2 —
day of May 2025, is made a part of the original Agreement between the City and the Contractor,
dated October 3, 2024, attached hereto as Exhibit "1" and incorporated herein by reference. The
City and Contractor hereby agree as follows:
1. OPTION TO RENEW. Effective October 4, 2025, the City hereby elects to exercise its
option to renew the Agreement for one (1) year as set forth in Section 4 of the Agreement. There
are no remaining renewal options.
2. ADDITIONAL COMPENSATION. City and Contractor wish to amend Section 5 of the
Agreement, entitled "Compensation," to provide additional compensation in an amount not to
exceed One Hundred Twenty Thousand Dollars and No Cents ($120,000.00). The additional
compensation provided herein will bring the total Agreement not to exceed amount to One
Hundred Sixty Thousand Dollars and No Cents ($160,000.00).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Exhibit "1."
5. 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
Exhibit "2." 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
KVP ENTERPRISES, INC., D/B/A EXPERT DIESEL — FIRST AMENDMENT Yage 1 ox 0
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
6. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled
"Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a
nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2),
Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as Exhibit
"3," signed by an officer or an authorized representative of the Contractor, under penalty of
perjury, attesting that Contractor does not use coercion for labor or services as defined in Section
786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of
contract.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
KVP ENTERPRISES, INC., d/b/a
EXPERT DIESEL
BY:
STATE OF FLORIDA:
COUNTY OF BROWARD:
Luis Merchan, President
/ The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ® online notarization, this 2Lday of May, 2025, by Luis Merchan, as President of KVP
Enterprises, Inc., d/b/a Expert Diesel.
G
(SEAL) Notary Pblic, Statb of Florida - J
(Signatur tit PublMoissa Gale Cruz
Comm.:HH 282021
n Expires: June 28,2026
(Print, Type,''Hirl. `rin Stale of Florida
Commissioned Name of Notary
G / Public)
Personally Known _ or Produced Identification
Type of Identification Produced: FL DL
KVP ENTERPRISES, INC., D/B/A EXPERT DIESEL — FIRST AMENDMENT . Page 2 of G
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Department Head
CITY OF S
BEACH
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:' "4ye4i�
ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
KVP ENTERPRISES, INC., D/B/A EXPERT DIESEL — FIRST AMENDMENT Page 3 of 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT 1
KVP ENTERPRISES, INC., D/B/A EXPERT DIESEL — FIRST AMENDMENT Page 4 of 6
THIS CONTRACTUA L AG�F'��PT (hereinafter referred to as the "Agreement") t'.s
M440 in duplrcafe, this.ifem.r,:024, by and between tte CITY OF SUNNY
ISLACH;. Florida; (here'inafte'r' refe
ESBErred. to :as "City".) arid. KVP ENTERPRISES; INC:;
dLb/a EXPE1tT pIESEL, a Flgxida,:corporaton wlt,ose Federal Employer telenticatioir (FBI) No.
is 0.5-0.088561 (hereinafter referred to'as "Contractor"):
RECITALS
WIIEREASt, the Crty i:s in need of a Contractor to' servtctf and repair the City's; buses
with ciresel engines,: including warran#y arid, rto.ii warranty work a "d parts rep.l.acement
-('Services!), aad
WHERFrAS, Miami=bade: County : ssLt' 'd In' to#ion to Quote ({�ITQ") No,. P. -
002.3,38,
V002338, .entitled' -'entitled, of ;0E11�I Parts/Supplies/Rep 4o/�etvioe" appended :hereto :as:
Attachment " A�' and .on .or about October f 0,Q23, M'%anii=lDacle County awarded Yariois:
c..orrtractoYs, indludrng C'ontractor, a Gb'ntt'act fora three (3) year term, upthro.ugh. and including,
Qctober,9; 2025 appe%ded hexeto. as Attachment
WHEREAS, 044traotor is a certified :and nsuied corrlpany with th necessary expet fence
to provide the desired Services; and
WH) KAEA.S, the Contractor Inas agreed t . provrtie #I�e Services, as mci're particularly
described m Attachmerit. "P," 'a copy of tV✓hich is attached her p and irioorporated herein p
reference; acid`
VV EREAS, the City denim ,to ehter rhto, ah agreement with Cor traetor,u5rng lVlram -
Dade Co.unty's solror%tion information; and the resulting conttac# thereto,:to provide the Services.
A 4e80,r bed herein, and'subfect:to tlre:term,s atld cpnditions contained heie ia; add
WREREAS,.pursuant do the: City's procurement eo.de provisroris,purchases: made -under
state; county, or'other governmental contracts, or competitive bids, with other eftiareS are; exempt
:from the. Ci* tyis, competitive btd'dtng procedures, anti
VVIIERFAS,'dtte to. .funding recMe- by I4/I arrxi"Daae County.ari l a federal grant, City
must ;comply uv th fedeial guidel:ines.For .marntenanee and. repair of Cit`s:sh.uttle buses, aril
Corrtiactgr meets al.l :qf the i clu��rernirnts:. an.. cavi p.roy►de: a one.=stop: shop; and. coprd nate , 1.1
in'arhtErianee: including warranty work,,;,&ticl maintain..all records rel�ti ►.g, to all. shuttle buses;
ensuring ccornpl;iarlce: wtYi; all County and federal. regulations in.oludin candotn drug: testing
o#'Contrac#Qr'.s employees, as affirried, in Attachment."C and
WHEREAS:, 010:01. 14y—wishes. to contract with Contractor to provide the desired Services
for a total Onount not to exc.* d rorty Thousand D.al:lars aizd No C ?nrs ($,4.0,00.0.00);
NOW THERJ )FORE; in ,consideration of `the foreggi ag and fbr the mutual coyenan#5.;
reprOeAtatwns, and wa.rranf es, and'other good:and valuate#e, cons deratio4tho'ree8i:p:G arldsufficlency
of which is hereby apl<n V),edged, the; Parties. agree as.follo.ws'.
TCVi' 1 IVTSitT'RISES,,.iNC;,., d/b/a.EXPERT DIS9EL
City of Sunny Isles Boolt 18070. Collins Avenue, Sunny Isles HMIL PlQtida 331.6-0—
(305) 947,0606 phone (165) 949-3113 Fax
TERMS
I.. RECITALS, The Recitals set forth 4bovo are hereby incorporated into this Agreement
old made.;4 p'ait hereof for rafeftce,o
21: THE, CONTRACT 'ONTRACT-DOCUMENT&, The, (b.htraQt Documents tQn$-Ot of thi-s-Agreement,
.as
Well 60 the termsand conditions Of ITQ NmTM\ EVNO00233titled "Purchase -of QEM.
Parts/Supplies/Repairs/Service.;"'and1he roqtjiing contract,, which are. OP01.00,40y '010orpurated
hoMlh 04 moo a part.hereof respe.ctivblY as Attachments t A and "A" {Hereinafter referred to
0
collectively as !cCqnUaq 0000ments,"11. In the event Of44yy conflict between
Ah -ac.
or.,.m,Qng the. t
-p-reumphts or any amb J' ... ; .. ;,
Ot th Osing specifications or ifl tj� t'
jit. Iojj� the:,Mlow, pt t
j"g: 'itorly is
established;;
A,.. Piv�t this. AgreemeOt 8-ogtweOh' the of S.untiy Isles 30gch and KVPEnterprises,
rp
Mos
ExpertDi I ontract NoZ4835,
0? Second, the -terms .l.and condition
IT.Q, NoPM _VNQOQ 8, rititled "Purchase; of
Thir.d,.Contractorls.ec?ntradtwftji..Miami-Dade
Co.,
� voty.
3, SERVICES C-ontv4ctW,' shall, prow Services "to (40 TOM -and
d. , n. ;got .0 P8 T 'the City pursuant M
.-con; Itj 0� fdrth
to the: Contract Documents, to 80.61cifica] ly include,. but, not limited to; to
-SOrVioln,g- and repairing:. UO City's bases. with .diesel engines,, including War -anI ty' and
non,Wqrrgnty
WOrkand parts: .'rGP'laO0M.f t, as more particu arlY' idd, in. Attachment 118 4� The
11 ,
Contractor shall.all labor eqqipmont, A h. 4 .toPU Is. - S. es- in
tfa.r torials necessary
M.1 h the. QrVic
4(00rd4ndd with the. spot i a J.9n
in the Documents„
4
Subject to who pk-ovigion$ rptermination of this Agroomontas set
i0ilh hkr'Nwefi the term of this A- r. e Mont shall. coinmenee:LIPOIT-611 60ci4oWof the Agreement',
4 -shall teriai`nw bhe; (t)' year thereafter P
rior to, or upon completion
." 0 i 1 toni4 the
City shall the -option, at Isol�dtion, trenew oo P6 Ono, (1)adna oe-
Year renewal tom.,
The. tome of Sections 12, and. '19 00.0W "Irideinnifipat
n
acid. W. -4w ofLiabifitiy.-° d
"Compliance withrespectively,-shall, survivetor.r1naton0f1his
A ree Any 4' all
terms with: tespeGf to 9 and
ti...J.;, Sections 8 -and 9'herein entitled "Warrant
and "Defectivey., of Services"
Vbf-k,?'.And th siespo .0i Documents h
0 olfk provided for the Q itr4o.,L D d ents s 1 also
4 ty pr
survive terrai.n.aI . 9i of tl " A. grooment
.
COYMENSATION. The. City. shall pay Oointt ac
Cor` forservices performed under
this.
AgreerObt,'41 - total amount1'lot to Ox '.'bdd' Thousand Dollars an I
0 6 rt.y. NO Cents ($40:-0000 OO),
Nylbent,to..Coniractot fill all _chiar
gmand tasks under this Agreement t shall'be to
-the Contract DMiftnts:and the sc' e.
dill in.f6r the torn
of the. AgFeement, undor
the following conditions:
A. D18burgorhdfits. There are n& r61, b. - r8able expenses associated with this contract
except for 6.
XPO Rs.approved bythe .City Manager
or his designee
KVP ENTE1014sK,IN INC;, Oia EXPERT DIESEL,
CRY of Sunny Isles BQj4ch 1$070 Collins. Avenue, Sunny Isles. Beach,. Florida 3316.0
(3;05) 947-0606 phone"( 05) 949-3113 Fax
B. Payment golii dule Invoices received from. the .Contractor pursuant, .to. this
Agreeiment will be reviewed by the initiating City. Deportment. Payment will be
made by the City in accordance with the Contract Documents.
ocuments and irz accordance
with Florli.da's Prompt Payment Act. If services have: been rendered: iii 060orinity
with the Agreomora, the invoice wilt 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 ander. this
Agreement rs contingent uponan annual appropriation for its purpose by the: City
Cotrrmissian. If the City, should not :appropriate or oflieiv✓lse malee available funds
sufficient to purchase: the Services . M ."ured .pursuant to t(zis Agreement; isle. City
may, unilaterally terminate any and all contractual or other obligati.ons herein
-without any further lral5ilrty or penalty`upontwenty (M) days' notice to C.ontractor..
D. Final Invoice. 'tn order forboth parties herein to close thei.t lao..oks and records, the
Contractor will elearly,state "filial inV01067 Oil. the. Contractor's fiat/last frilling to
the Crty:: This certifies that all .services have been plopsrly perforrrred and all
charges and costs. have been invoiced tQ the City S:inee; -his account will tltoreupQri
be closed',, any other additional charges; if not properly ►.ricluded on this final
u v.I . e, are waived by the .Contractor.
Corrttactor shall make no other charges to. isle Crty for supplies.; labor, taxes, Licenses; permits,
overhead or any other expensesO costs unless any such expense or;cost is. incurred by Contractor
with the prior written approval of the City. 7f "the City, drsp:utes any chalges on thc: invoices, it may
make payment of`the, uncontested amounts .and w# hlzold pa .Mont on the :contested amounts until
they are resoIyed. by agreement with Contractor. Contractor shall ttot Pledge the :Cityzs credit or
make it a guarantor of Paylb.. or surety for:Ariy cotitiac>; debts obli.gatipii;. judgrimelit, liven; or any
foriii of'. ndebtedness The Contractor further warrants and represei is that it has no 6.bligation: or
indebtedness that;world irrrpair'its. a6'lty to fulfill the.teinas of tliis.Agreerri`ent;
6: INDEPENDENT CONT)!.2.4CTOR
—RELATIONSHIP. The Contractor `is an
independent CotitractgC and shall. be treated as such fon• n purposes. Nothing contained.1 thus.
Agi`eeinerit or arty aGtrdi.� of the, parties hall be. construed to constitute or to:renderthe Contractor
all employee,. partner, agent, sharelinl:der; officer :or in any bthei capae ty other than as' an_
independent Cbritracto .otheF than those obligations which have been or sltail have been
undertaker► by the City. Contractor ,shall be responsible for any 'and all of its. own expenses. n
performing its dirties as:: contginpiated loader this Areeeiit, 'The City shall not be ►esponsible for
ai5y exheriso incurred by the Contractor. The Cify shall. have: no. duty to withliald aby Federal
incoriie ,takes or pay Social S:eeurity.. serTice8 and that s:unh :obligations shall be that of 'tile
GorittactoT, other than those set forth in this Agreement: Contractor sliall furnish its own
transportation., office acid other supplies: as it detertnt'es: necessary in oariy.ing otic its duties under
this. Agreement;
7. INSZIRANCE. Contractor shall,. at its sole: cost and, exierlse, during the .period of any
v�orlE being perforrned under this Agreement, procure,.and maintain the f flowifigi minimum
insurance: coverage to. protect the .City arid. Contractor against all loss,claiiils; damage and
liabrliti'es caused by Contractor, its agents or employees, as iridicatetl below:
kw O-NTV_"RISES; 1Nt>., d/b/a LXP.ERT Dusts, 3
CRYPJ'SunnyIdes Beat* 18.070 Collins Avenue, Sunny Isles: Beach, Florida 313.16.,Q.
OB ' -0606.phone OS).- 949-3113 Fax
947
A, Comprehensive .Ghe.eaj liability insurance; With Minimum limits, of One.Millioh
Dollars
($1,000,000) per oceurrefift,. and Two Million Dollars ($2,000,0.0:0) in the
aggregate,, with the fol IoWing coverage details..
L Premises aAd Operation
.2. j3rood.Form Prop-ertyDamagos
I BCoverage
..Md.FotmJ C.'antractual, appljq4ble to this specifild Contract,
including any hold hgftn je.ssand/br indettinification 48 e
4. P*Oxsonal
Injury Cover with Employee I e and Contractual Vxcluslons
removed; wttl nithum limits -.arfoovet496 cqqaj to those, required 'f6f
BOdil-Y rnjur..y Liabilit
I y Akd Property Damage Liability,-
5- Waiver�of Sn beha
'ubrog4ti n:0 Jf,'ofthe city,.
61 Thet y:of Sunny - Isles B.1e.h:fta Qd
.as insured
7. Coverage -to lieprovided on a'Non-cqntfib.Utqty and Primary format..
B -w f not less than On-OM)fRou
IDollars ($1;000,000.) per oecurrelice.
Garage keeper's 1. 6 *
941 Liability with minimumlirn limits o
Waiver:of7.S..ubrogq h bh-behalf.of the city.
Tho City of Sunny . Isleg. Beach, named' As
Additional Insured.
3. Coverage ' w
a t b
. -.0 provided on a Non 7contributory and primary format;
C. Worker's 0.0- 04 -P Niff i6hAnd-em loyerls Ii A. -A dy cove age; as repaired pursuAtit o.
Florida law. fiicludino $.1,000-A00 Fnployers' Liability :form. 4a
d Waiver of
Subrog4d.p.o 0,4.40half of the City of Sunny 1s.les Beach.
D.- Primary 10lighiess Automobile Ljoilit
y with a Minimum limit of Liability
of
$:1;000000 With the following. ge details:
1;; owned Vollicles.
2, Hired and Novi -Owned Vehicles:
Employers Non-Owne ,sh. i—
p
4. Waiver "-` Q. & AtO a
S. gatiohon behalf Of. tlie,. ity.
51, as:Additional: (ns- ed.
64 pNon-ooftivibutdry- and Prirnaiy format.
..rago. to be. provided ided on a
E L' biltty policy .of not less than TiyO Million, Dollars ($'2,006,000) per
Cancellation and .Re4nsurance-If any in' t - ; canceled or -hatefially changed by the
jr.ance, should be ooqcp
.
insurance company or should any insurance ig
ptre during, tile period of this contract[ the
Contractor ghall'be respAsiMoffir -.ouring other ' c pt4 - for the coverage,spec
- - e ap, e bld, liistirAh6d
in thissection in Ord0f.-to maintain coverage 1 during i06d
W i'g the life, of this Contr4rL Al.l.deductibles must
be declared by the Contraqtorftpld must be:approved by the City,
Ity.
Such Of. i . nsd4-hqQ,, shall not diminish Contractors idOr"FJcation obligationshereunder,
Tho iRsura'nOe policy shall be issued by.guo.h company, in. such forms andwit h such limits oP
liability and deductibles as are acceptable to the Ctty ane shall be endorsed to be primary over' any
Kvh ENTERPRISES; INC, AM EXPERT DIESEL
4
City of Sunny Isles Begoh. 18.070 Collins Averse, Sunny Isles Beach, Flax da 331; 0
(305) 947-0606 photic (3Q5) 94:9-3113 l ax
insurance, which. the City may, maintain. Before my -work. under this Agreetnerlt is, performed, d
and to: the extent not golf-418ured, at: any time upon, request, Contractor' shall furnish to the City
certificates of i''hsuranoe evidenGmg the minimum required .coverag aad :appropriately endors' ed
for contractual liability with the City named gas ail additional msmed. All policies shall co1114iri a:
waiver of $ubrtigatioti.;endorsement. ;All pol.ic es and certificates shall be bn foixns and issued
by
insurance companies 4ecep.41.e to the: City Manager o..'r his. ciesi.gnee.. The policies tiiay 116t'.be
canceled. or materially altered without. thirty (30). calendar 'day`s pktor written notice to the City
Manager or his designee by certified mail,
The Contractgt° agrees that if.any part of: the S.ervlces under ilio Agreeineilt •is stibeonhacted,,
Contractor wilt requiro UWO, Si lj,vendQr(s) to o'arry. tn5urance;as fequ red, and that:tliey will require
the Sub vendors) to fltcitsh to.them insurance certi.ftcates similar to those required by the tatty in
this section ANV IM, TIONS TO THE 1N:SU1t0REQM,§ .UIREMIN THIS'
svcn IV' MUST BE AEPROVED 'IN WHITING Bi' THE CITY.;
8:. WARRANTY ,OFSERV1<ftS
8::1 The Cohtractot shall Warrant the labor perfo nod fvr a;nl riirnurn :pertocl.`of.oiie (I)
year fr.Qm the date the :Services. are. eompi - e. Thts°warranty shall. be in addition to
WNWO rights thdi City may have ,:aider' state or federal law. Tlie Contractor's
obligation tinder this vyarranty shall be afi its° own .cost and expense, .to ;pronlptlY
repor air .replace (including. cost of removal sand nstallatluf ), that item (cit parE .o.t
component thereof) which proves defective or falls to comply with. the. Agreement
within; the warranty, period such that it complies with the Agreement,.
8 2 Contractor warrants :to the City that; 411 materials and equrpiner t furnished under
this AgrW1*4t will b:e new <untess .oth&.W.. e S.peciBed :and Will be, of goa.d
quality, :free from faults: and defects and ial: conformance with 'the Agreement, All
equipment an.tl materials riot cot forming; to these requirements, including:
substitutions n.t properly :approved and attth#rtzed, may be considered defective.
f'requir.ed by City or its desigpoo,, Contractor shall furnish $af sfactgr"y evidence
as to the kind anCi quality of inateri`als and egtlrpmerit This' warranty is not:lrmited_
by any -other piovlsrors within..this<Agreernent:,
8:3 Garilrac,tQl shall provide to the C,Ity or its designee all manufacturerswarranties:
All warraotres, expressed and/or unpl ed, shall be ,gi`ven.to the City for all'inaCer a]
and equipment covered by this Agreement. All material 4fid equipment .furnished
shall 'oe fully guaranteed by tie Contraetoi: against. factory defects a i:ci
Workmanship,..At no ecpeiise. to 'the City, the .Contracto...r shall correct any. and
a[.1 a..parent aiid laterit:defects;that are•req geed under state or federal law'..
9. DEFECTIVE WORK.
9.1 Tile City or its doslgl ee shall Uvethe authority to. refect or 41, approve wor.
which, 'is found to be defective: If defective work 'is: found; C.onttactor skull
promptly either correot, all defective °Work' or remove such defective Work and
teplade 1t with non, defective' Work. Contractor shall bear all direct. and 'indirect
KVis ENTCttPRISES, INC., dthhfEXPERT DIESEL 5
City 'Of Sunny Isles. Beach 18070 Collins Avenue, Sunny Isles . 1310
Florida 33160
(3U) 947-0606 phone 005) 949-w311,3 Fax
costs of such removal or. corrections : including co.st oftestinglaboratorks and
per. son . ne'l,
5.2 Should Contr4ctqr fail or refuse,,to remove or ourrect 'adefective. WQrk or to makefty
any necessary repairs in accordance with'the 'req . &m.
uiv ents-of this Agreement
within the time indicated ihwriting by the City Manager or itsdegigneo, the City
shall have the authority to cause: the defective work to. be removed or corrected, or
make such rpp iairs as may be necessary At Contractor's exPqPso. Any expense
incurred by th CK making suet q.-
.0 .City in in prreo. lons.or repairs shall be paid
fO Out of any monies due or which may become,due tQ-Q- n uetor
...0. ft. . In the event of
RWILWO of Contractor to make all necessary prompily and fully, which 6 - not
. .5 ry, repaiO . . w W_lsm no..
cured in. the:.cure period, the City may declare Contractor in 6
_fault.
9.3 If, within. one (1) year. after the data of completion of S& -vires
or such longer
P4,04 :of time as. maybe, prescribed by the terms of any app.
a.. Il d; special
lieO
warranty requi by the Contract Documents; e n
WN or by .4hy. so c-ific provisio (0)of
this Agreement;, any of the work fs-, found to be defective or tio�,. in accordance I I with
this Agreenleiit, Contractor, aider receipt ofwrtien notiGefrotn the Ctyor its; designee,
g ..4 Owtime specified
shall promptly, correct such or nonconforr. in work'within.
by the City Ithout.-pQat to i 1, City -herein shall be constwed to .
.0 -yw ffie C - Nmhtfig contained
establish a peritid of _fiffijtat
...ibn With respect to 911Y obligation which
other 61bfi
Contractdrilit have under this Agreement including but not limited cL toan. 4ini
regarding latent defects,
9.4 FOur, t - reject defective work or. material o t
..Q*jQr.je1( any Hal hall. not in any way prevent
Wet rejection ,
WhO. $46h defect. is discovered,t or obligate the City to. final
9,5 1W erp OK.Jty or its designee beponles,4war-b�o'f faults. or defects non .0911 f,,
. — ormity
in. any of the work.,provided, under this. A with the, work being'
C issue 'AN ci Cure:
perf�dn6dbythe ofttractw, tboCltY of, its desigpeeAall-I IuOte. to, C e-
lo, the Contractor for corroaflon, In no eVdjlt sl11 Ah.0, f6ifureof the. City - t.
a
designee to brin to the attention Contractor o wall tkojt§ act as: a waiver0t.
bring 1 oA of the C
release :the Contractor fforn roppo
Aql;hil4Y,6T y liabilit -r-suchfa It, d
fo . of non=
,conforming work.
10. it RM.1 NATION AND REMED19,q FOR .BREACH.
A. if, throu any Muse within reasonable (SOO�rol, the Co.rli 8hall
gh raQ.tor fall to -Mfill
in a timely m'anner or otherwise . Violate any of the covenants;. agreements or
stipulations AtiOns M.40H I W this Agreement, the CRy shall have the righi'to. tetffiin4te
the Services then remaining. be performed;: Prior to the exercise of its option to
,
terminate for 081ise, the, City shat notify the Contractor .of its violation of the
pariicllllarterllls. of the Agfeeffient..and grant Contractor ten: (10) days to cure:stickl
default. If the default; ult retria
.fa j4o. uncured after tail (10) OjaY8 th6
City may terminate
this Agroblllenta and the City s.11al
receive a refund from the Contractor in an
amount 0401 to the, actual cost of a third p4qy to, cure such failure. If Contr ctor
k'V11 ENTERPRIs BS, FNC;j d/b/h 13XPVRT 0,1L,SFL
City -"
of Sunny Isles aegdj4 18070 Collins Avd e., Beach; Sunny Isles BeFloridarw ". j Flori 33160
(305) 9470606.phorie (�05)949-3113. Fax
fails, refuses or is unable to perform any term l
of this Aareernent, City -shal.1 pay for
services rendered a$ of the date of termination,
1. 14 the 00M. of Wribination,- all finished and Unfinished documents., data acid
other Work PrQ44 Prepared by Contractor or shal
be delivered to, the City and
the City 9611 compensate; the Contractor for all Sefyis s, atisfactorily
performed Prior tolthe date of t6fthin4tion.
I Not A t Contractor shall not be relieved, of li4bility.
.W anding the foregoing,, the 0 ctp
to the scityfij'r damages
sustained by it by Virtue"Of a breach -ti
of the Agpernet
'bysCowfaOto l and th� City
r may reasonably Withhold payment to Contractor. for
the purposes .of -set=off ii -du
ntil, 8uchtime, as the exact
City from the Contracto.p is. determined, amount. of due the
Termination for Convenience of City The City may,,: for its- vcn- nce.
ton ie and
without 00$'e to hilhate.: .the -S.ervic;e,gthen ,to,,niaihing to be, performed at any time
by giving Contractor tett A (] 0) dayswriften noticT The
terms of Paragraph I'OA(I)
and A(2) above. shall be applicable hereunder.
C; Termination fot lngqlvengy. The Coity also reserves the right to terminate the
remaining Services to be performed: in; the Ov.911t the Contractor is: piaced,either'
iii
voluntaryor involuntary )4404ptcy.0 mqkes any assignment fpr`the bbm
efit.of
creditors.
I. L-C'ONFIDIILNTiAL-INFORMATION. . The 0',OtMc16f- shall not,. either dud the t f
this AgOdment or,atiy time f a e ng term
pe.tto"d of ten Q 0). years subs. qqent t that date -up n. which the
o . 0
Agria% Ont O�piirea or is terminated P't whatsoever, disclose t -'Itly person
.9 any reason 0
or, -entity.,
Qfhars than in the, d '0
Is JjArge: b.f"the duties of the --Contractor under this.,Agreernent,-'-aqy. infoft 4
whichthe n P1 I -r .: . ... �ig
OV;468ignates 4T writing. "confidential." As. a violation by t e.'tor :of the
provisions o
rov, f th18 ." 804 pih 'Qj�yandth6reisnoadeqpateremedy
at I yi t-0 J
AwIf f -gueb Violation, the C4 t4. right; addition to soy (gh re.01 available
Ot , res avai
to. it at, law .ot'ti equity, :to enjoin the Contraptor,frovio1Aq$sh
provisions:
ons,
IZ, INDEMNIFICATION AND WA_YVER OF LIABILITY. To the, fullest Wentitt d
permi e.
bylaw, the'Q-0.0 actor 4grQes-twindemnify: and
hold -harmless the City, it agni
s
e
'Offiaq. direotors,'officf.0s and employees ffon-any claims liabilities, damages, losses: and costa;
including; but: not limited to,, reasonable 640%ey fees, to, the extent ca lin. whale 4 )f in part; by
rh
the professional ry6gligbfi(Qerror . -Ot omission of Contractor dir Pdf§6
Ta OPpjQYqd' or:Q
ti Yzed.
by the Cofttr4otOJO P ek this.. Agre
erforinance.of Servicios urld oment. Contractor shall avalj nines
hdoaftT indernnify,. hold harriiless`and, at the
defend Ity s opti on T d . hd. o r 04Y fQk hnattorney. selected
apre8eiltat ivos,; b
by the % City 8. 1 1 1 .. officers, directors, of5cials and City,, R& agents:,., r
j o
from and against any andall causes Of4ation demands, claims, IOS9 liabill ie§ and expenditures
of any kind, tncluding attorney fees, Os it
d or' alleged to be: caused. by
court9A.P, an expenses, caused.
the infention4l negligent 4aof, 0 omission of Golib OW, ific, ud" 9 those of their em loyeq$,
I . .. .. e. '.1 ID employees',.
agents, servants;. or officers, or aociu. .,orldireotlyr6fat I
i0g, mSifl,ting from 04 to th'b-Octinatte
8u..,j r.of
.this Agreeffieritindudingi without'li riitat, 1, any all olaims losses liabilities, zkpenditurs,.
d6mands or causes of nonan of any nature whatsaew--r resulting ft,rh injuries is or damages sustained
...
by any person of property. In the: event any 4&9�jit:or other proceeding is btoi ght 4gAing . t City by
KVP ENTERPRISES N
ENTERPRISES; I CP,d/bIq.EXIIERTVIE88L
City of Sunny Isles Beach 18070. Collins Avenue,. Sunny Isles Beach, Florida 33,160.
(305) 94.7-.0606 phone (305) 949-3113 Fax
reason of any such claim,: cause of aotioii or demand,. C.ontractgr shall, upon written notice from
City, resist.and defend sucli.lawsui.t or proceeding.by counsel satisfactory to City.
The provisions and obligatt.011$ of this. section shall survivethe expiration or, earlier termination of
this Agreement. To the extent considered necessary by .City, any sum duo Contractor under this
Agreementinay be retained by City until all of City's claims for indemnification pursuant to this
Agreementhave been settled or r otherwise resolved; and any alnountwithheld shall not be subject
to payment of interest by City.
13. JURISDICTION VENUE AND .WAIVE R 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 thatjurisdiction of any dispute or controversy arising out, of tl'is.
Agreement, and any action involving the enfarceinent * interpretation of any rights .Hereunder
shall be brought exclusively in thoe Eleventh Judicial Circuit. in and for Miami Dade County,
Florida, and venue for litigation arising out :of this Agreement shall be exclusively in sudh 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, agy term or provision under this Agreement and the City is ,the prevailing panty, then the
City shall be .entitled to its costs and attorney's fees at the -pretrial, trial atid. appellate levels, BY
ENTERING INTO THIS .AGREEMENT, CONTRACTOR. --AN ..CI TI' 7IiREBY� Ei PRESSLY
WAIVE ANYRIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGRE1✓MENT. Nothing in. this A.greeineiit is intended to
serve as a waiver .ofayereign immunity, or of any.other immunity; defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes:
14. NOTICES. All notices and. other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid., return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by 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
courier s.eivice), addressed to such. pgtty as follows:
if to the City.
tY
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 3.3160
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1776
Tel; (305) 792-1766
senor&cosibtl:net
aboileau n nlaw,com
If to the
Roberto. Ruiz, General Manager
Contractor:
4700 Oakes Road, Suite G
Davin Florida 33314
Tel; (95.4) 583-24400
me cumminsex ett.com
kvP ENTERPRISES; INC., D/b/a EXPERT DIESEL o
Aly
of $Ohny lsles Boacli 18070: CollinsIsles 13ea h
olliAg Avenue,. sunny I P , Florida 3316.0'
(305.) 947-0606.:phony (30 -3
949* 113 Fax
15- . PUBLIC RECORDS. The.. Contractor shall be -rcqulEcd to comply with the follow''-
P Ilig
requirements unclrFloridWs.Publi Records
Law:;
A, Contractor shall keep And maintain public -records ,tpqufrM by the City to petI.frn the
-or.
service.
B. Upon request .from the. Cit a e City -Y
Y, COntr- Gf6 011411 provide tli- Ci with a. cop., of the:
requested records or allow
the r6.00.8 to. be. inspected or copied wrtFin a
reasonable,
time ata cost that does not exceed the cost by Chapter 119;; F o.r.da Statutes,
.-
or as otherwise: Pr IVI& by law,:
C. Contractor shall o#sUro that,pWic:
*relcords14gat*exemp or 00
nfideniial and,
exempt public records disclosure toqwiremontsarenotdisddisclosed 48 -author fzed-by
law -fdtthe 04fatlo.wof thi,-,. mitract term aivd fo,. qq g completion of the contract if the
Contractor .does not , 00
trans " the, recordsto the: city.
D. ContractorAall 1 1'1606 � of :the contr-act; traosfee. at hQ cost, to the, City all'
upon Whip e n
public: ! records possession
f tli'e Cantractoior keep and maintain'
P* 1.16: f0c. rds.
required lb..ythe ;.O-ityto..per formtheserVice.Wth6 Contractor -r
trEmO4& all public ocqt&
to the: City'Upon compfeti9110fth O.'attkettheContractors I&strqyqnY:d-Pjicate
plibli� to otds, •�thaf Are exi�mpt or 004meqli4land: exempt from. p.ublic. recordrsclds
ONVe requirements If the Contractor Itteps.and mai'rit4ing: P44pprm6 'd
i_ j-,ppon
completion Qf t. he b6h tha.Coniractov.shall .m.b0t. all applicable; requirements f4r
retaining publio ftc'Oft-All records stored
electronically musC h6 Provided :by
Contl.actot:to the City,, upon :roq4eq OW the City, in: a format that is oo pat'l ie with
the InforMati0h t0hn'61A& systems- -of ffie-'Uity
I:& AUDIT The, Oontr4otbr shall matte available to the; City or its t.ep�o$ t4
eh tive.61
I requited
financial rd.sra8$6biated with the. Agreement: f6t -a period of three (3) years.
17. NONDISCRIMINATION. The Contractor 40060 to; comply ywithall local anti atpcivil
rights ordinances and with Title: vt bf.
Rights Act of 1984 as afrioridod, Title Vill of'the
.Yll Rights A.ctof 196.8 as. amended, Ti I of 140USirig and Community �)o -6 c
Title w1o.0 . eftt.A, t of
1974 as of the R
'4MI44 .. Section -,-0 t pt 1913, the� e -Disabilities
_�'-n 5 ohabilitation Ac Arb
A.0tofl990_the-Age '0i ribans: with
scr! ot of 1975, Executive Order It 065, 4jid
yyitlr. BY
ectifivo
Order 11248. is kromde.d
by Executive Ordar.s, 11375 and 12.086i The Contractor will ii6i
4wri'minateagainst any amp*0e OV AppilWant for employmciit 6poa
u s e Q., race, chlor; creed;.
.religion, ancestry, national origin, sox, gender, disability or other handicap,
marital/f$iriilial
status, or status with regard. to Public as*siLqtatfo&. The.. Contractor Will I take affirmative. to:
. .. - 1. 11.1 It- .. I ri
ensure that all empfoyment practices, are free. fti-ri such discrimination. ef4ldymfent
KWENTERMV38, INC_d/6/4 E tZtbitS9L
9
C -11V
of $0fty Isles B&6 18070 Collins
Avenue,. Sunny Isles Beach, Florida 33 160
(305) 947-0.60.6 phone, (305) 049-3.113 Fax
practices include but axe, not limited to the following: g: . hi iring,. upgrading, demotion.; transfer,
recruitment or recruitment adve rates, termination, r ''
of pay Orother farms of
compengatloh., and s Ing
-Opctlon for training; inciudiii-g-appredficeship, The Contractor
: agrees. topost
in conspicuous PI available to employees and oanuf6e employment, notices: to be
provided by the setting forth tht-provi'sions of this tion-disbr ftiihation,,Oause. The Contra 'to-
.. 1 .1 - I. i Contra .. C, r
agrees, to64mpl with any Federal regulations issu d pursuant to co pf�qn vith
y m 06 Section 504 of
the, r RahOilit. ' n Act of 1973 9',U.8
Whioll prohibits discrimination agairigt the
handicapped in any Federally 4Ssi'§
ged prdgtAm.
18. . - CONFLICT OF INTEREST. The Contractor agrees to adhere to �4tld' be governed by
Se0t1oT11A!.l,M1ami.=Dada County Code OWrdinane.es; as. amended.
$qtt b d
a
.. n.1 Y 1-04 3.3, Code
fhe City . of
h,, As amended,; ated, by reference
Herein
Ord-inariopo, q� unti-y 191es Beach,,
herain 4§ if f 11 Set.foith herein, ., in. con ne. 0tioi1r with the Agreement conditions hereunder: .
The
Contractor GOverlafttSihatit presently.
has. no intemt:ii4d shgjj, not ao4p.it6 ally interest directly or
ifidite.01y which should conflict I �M rier or d" wihthe verform noo. of $ udder
In any t
Services.
this . Agreement. The Contractor ntraolbr fiither covenants-#iat in #T0 petf6f.of this Agreement, no
person having any such interest 6414 kft0W!A9AYbe employed by the.0.act r. The Contracto
r
not offered or given to alit' member f, delegate to :the Congr.as$oft
. the
that e Qr 0
United States anyof-part -d'Ith". s contract or to any benefit aticing f r
19, COMPLIANCE WITH LAW, Corittarat'�Qr :h 11
�,41 Collaply With.alir laws, regulotionsand
ordinances of any -federal state; or local goVornMent0 authorityhaving jurisdiction Sd"'t
ton 0 rospect
to this Agreement . and §hatfobtain and maintain% an penlits.j; Hcenses,vapprovals:
and PWI$ents necessary ffirthelaWfA.A. c0ifiduPt'Of th'e activities contemplated un' this j8Agreement.
20. CONFLICTING PROVISIONS.. The. terms and conditions in i.i
� ths.Agreement shall.
supersede wand take priorityihcbn�istOht � rr conflicting. .11$ that are:
over afl1V 0 provisi.o at contained in
any other docSitt ent, dockibtltiding but not.] imited. to A
clitublits."A" and. "-B.."
2.1 "CP'UTMZQ') COMPAN'FS.r Pursuant, to Florida -Statutes- Section 287.115, and
cul jpot to limited exceptions -a iitAi
n.d therein, a company isineligiblo. to; 4110'1a'y not, bid on,
s i ita.pr.Opbsal or, or enter into or renewaco .4 or local -t entity
A governmental
for_ . goods if at the f agency fit
. . PP S h1be of'bidding,... s .. tt ri .4' pro, 'sa for, or -en entering C)
goo s or s ry qWni i gr -P-0 into or
renewing a contract, the company I
Is ( Q'
n -therS t e- d: -C.b. . mip a n ic s that 8 oy, u, 0.- , .1�f e
cru iniz 4. �.1 :List Or is
engaged in the ydott-of IsraeL. Commuters:;lnust certify that the 0.0participating in
company is not 1
Dollars ($
a b.qYz ,,o Israel. 1. A* OtitraOtfor goods r services of One Million _1,000.,,.O* 00),ormore
shall T W nY 0 0 ril "''
bo, tb- - natod at, the City's option if i is is o.Qr 'd
ity 01--vthat the company submitted qfaj$0
-certification, or atthe tinl'e of bidding, submitting, a proposal 'for, or entering. into
)-f.rdneWing a -
contract, (irsted, on-ther Conriparites with. Activities in
Sudan LiI st,, the Scrutinized.C
Companies -Wit� . AMti�s in the Iran Terrorist -n I I r . List created PUrsuftnt to Florida Statute
vito S
-Spe,fion 245.47�,,. or is .or has BeenongAgod,in. business operations in Cuba or Syria,r July 1,
Any Contract eriWed into ot renewed afterAily 1, 20.18shah .b,eAbrillinated attheCity's -opt'
ton I
the company is -listed oii ti oyeott Israel
List
RIP Wudjil zed Companies that AM r� or oiig4ge the
t'oyoott Of Israel, Contractors must suhrnjt t110cert ifij4 ion that is attached to this agreement: as
Attaolimerit Submitting. a false certifieationsh-411 be ded.rned material a inatdri breach r
of contract,
The City. shall provide notiolejIl writing, othe ntractor d t
of the City's t e amihaio, n- oond:-e- ning
KVP P
NTO, k.IS11 ESI .
, INC,, d/b/a DIESEL
EXPERT -
.10
City of Sunny Isley Beech 18070 Collins Avenue; taunny Isles Beach, Florida 3316.0.
(305) 947-0.60.6 phone (305) 949-113 Fax
the false certification, The. CotttractQr shall have ninety, (90) days following. receipt of the notice
to respond in Writing and demonstrate that the deteirmination was in. error: if the Contractor does
not demonstrate that the City's determination of faise certification was: made in error, then the City.
shall. have the right to terrriitiate the contiact •and seek civic remedies p:ursuant to Florida Statute:
Sectloxi 287.135:.
22. E -VERIFY Florida Statute 448 095 directs a11. public employers; including municipal
governments, to verify. the employment eligibility of all new public employees through. the U.S:
Department of'14=elaod Security's:E-Verify?System and further.pl'ovldm that apubltc.employer
m.ay not.etifier into a:contract. unless eaelt party to the: contract. regis. or with ;and Uses the E -Verify
System. Florida statute>448.0.95 further provides that. if a Cdntiaofor Onters.•into a. contract with a
subeontraCtor, ft: subcontractor most pt 14 the Contractor with an affidavit' stating. that the
subcontritetor does riot 'employ. contract with; or subcaitract with an unauthorized 'alien, In
accordance with Florida Statute 44$.0.Q5, Contractor is requixed to verily employee eligibility
using the E Verify system for all exis0a .and rievy employees hired by, Contragtot during the
contract term. Further, Contracto i lust also require: aad ma ritatn tl e statutorily required affidavit
of its subcontractors It is the responsibility of Cpntraetoi to ensure co:Mpli4ope w>ih:1 -Verify
requirements (as:.appl cable). To enrol. in E. -Verify, empl'oyets should visitthe =Verify website
(haps//www.e-v::eiify gov/einployors/eruollin . fY and follow the instructions. The
Contractor must retain, the 1.19— Forms for inspection, and provide the -;attached )✓Verify Affidavit,
attached hereto as Attaehmerit ``E:"
23. HUMAN. TRAFFICKING. Pursuant to Section 787: 6, ..F1 orida Statutes; entitled
4`Iiuinat7' Ty ;a governmental entity cannot execute, renew, or :extend -go. with a
nongovernmental entity that uses coercion for labor or services; as defined:. in §eetion 786 06(2),.
Florida Statutes: Contractor must su,biWt the affidavit that is :attach dto this agreement. as
Attachm_ eiit "P;" signed by an officer or an: author?ed tep> esetitative of the Contractor, unclet
penalty of pert ry, attesting that Contractor does not use coeroion feir labor: or seisvices as defined
i; codon 786:06;(2) Florida statutes:. Subrrittmg;a false certification shall be d:eetined a mateiaf
breach -of confiNact..
24. MISCELLANEOUS.
X. Ri the event any Provision of this Agreementis, PO.Wid to be: void and'unenforceabie.
by a court of competent jurisdiction, the remaining provtsigiis::ofthis:Agteerrientshall nevertheless
be binding upon the parties with the: sage effect as: though the void or unenforceable provisions
had been severed and deleted:
13, This Agreement may be executed :in multiple identical ;counterparts,, each :o f which
shall be- deemed :an original for all piiiposes:
C: Tlii's Agreement shall bonStitute the entire ag> eement between the parties: with
respect; to the siibi004 ►x atter hereof; and'it shall -"supersede all previous Gild contemporaneous:oral
and. written negotiations; cpinmitrrierlts, agreements and understaridings Mating hereto.
D. Any modific.ation.of this Agreement $ha11 be effective .only :if in writing and signed
by the parties to this Agreeineht.
KVP ENTERPRISES., INC., Ala WERT DIESEL I i
Cior of Sunny Isles Beacl: 18070 Collins Avenue, Sunny Isles Beach, Florida.33160
(3051) 947-0606 phone (305:) 949-3113 Fax
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above,
KVP ENTERPRISES,. INC., d/b/a
EXPERT DIESEL
BY: •-� '--��lf
us M 'oh ;'President
STATE OF FL RIDA:
COUNTY OF fOWOrC <
The foregoing, instrui lent was acknowledged before Ib means of ®physical presence or ❑
online: notarization; this day of t ber, 2.024, by Luis Merchan,, as President of KVP
Enterprises,. Inc,, d/b/a Expert Diesel, ccfter
(SEAL) Notary Ru121 a., State, of Florida
���quuq
=pav p�natuiMtIff-WlyzPubl icj
Gomm.:HH 282021
a Expires: June 28, 2028
, o w on a
C:omn missioned Name of Notary
Public)
Personally Known _.ojr Produced Identif cation V/
Type of Identification Produced: _FLLi 1'�t�Z-j
ATTEST:
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATIIRF PAGE TO FOLLOW]
CITY OF SUNNY ISLES BEACH
KVP ENTERPRISES, INC., d/b/a EXPERT DIESEL
12
Q# �f-$Oq Isles Beach 1.9070 Collins Avenue, Sunny tales Boaoh Florida: 33160
047-0.6 .(3
O$,pho.ne, .0-5.) 949-310 Fax
w
BYs
MPAttmejItHead,
Stan lyMoOis Oty.-Matiage
APPROVED AS TO: POS
AND UI GAL SUFFICIENT ,
A
I IDeT
Y,
PoAM7.411— �--,
k1din Ei Boileauf, , *N b. , ;or. �kip r�Giblin
MO ft PA,, City Attorney
KWENTERPRISESI-INP., d/b/aE.X''P'E.R I T . DIESEL 13
City of Sunny Isles.Beach 18070 Co�l.lios Avenue, .Sunny isles Beach, Florida. 33160
(305) 947-06Q6 phone ('305)949-3113 Fax
Attachment A
KvP ENTERPRISEs, INC., A/.a EXPERT DIESEL
14
City of Sunny Isles Beach 18.07Q Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606. phone (3 05) 949-3113 Fax
Attachment B
)EVP ENTERPRISES, INC., Ala EXPERT DIESEL is
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,. Florida. 33160
(3.05) 947-0606 phone (30.5) 949-3113 Fax
Attachment C
KVP ENTERPRISES, INC., d/O/A EXPERT DIESEL 16
Milk
X I r 4700. Oakes Road
Ft lauderide.le FL 3331. 4
054-5-83s.2400
A 80-0,940.5200
Fax 9.54.583.2-085
MR
Gu.mmtnsExp.ert,com
KW Entreprises Inc. DBA: Expert Diesel
4.1-700' Oakes Road $te 0,
NO le� FL -38314
GRY Of SUhhy Islas Beach
1.8070. Collins Ave:
Sun.nYlgles Beach, FL33I,60
Su4jec.t- Random Drug Tbsflng for Emplibyloes-
I hope this letter finds you Well. As 09 ft- of our commitment to maintaining the highest
stAhdafft of safety and. compliance,, E.xpert Dieselip,rform random drug'
testing on all.
atilas nvalvedin Proigots
governed by Our Wuhty contracts, This aligns withour
Olontr Oval obligations and ensures that we, adhere. to the best practices for workplace
saf6ty and integrity.
Please let w-8ftilow lf'r additibi information is needed
zinc :r ly,
Ro.. U
General' Mon. ger
954' 'K 2400
j
E[A: =TOQ(C]:R
Idd
City of Sunny Isles Beach 18070 Collins Avenue; Sunny Isles Beach, Florida 3.3160
(305) 947-0606 phone (305) 949-3.113 Fax
Attachment D
KVP ENTERPRISES, INC., d/b/u EXPERT DIESEL
17
o"S�di+.y rst��o
t'
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
O♦
Cid .. SNP
nr tuN
[PURSUANT TO FLORIDA STATUTE '§ 287.135]
I> U I ! lei'n, on behalf of fV-`1 T"a*rPrff nc
Print.N .me Company Naim
certifies thst �J does. riot:
Company Name
1. Paiticipate in a boycott of Israel; and
2, Is not on. the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism
Sectors List; and
5. Has not engaged in business operations in Cuba.ot Syria:
J'
igiiature f
Title
/0
Date.
CUP of SUnny Isles Beach 18070 Collins.Avenue; $unny. Isles. BOO,. Florida 33160
(305) 947-0606 phonb. (3:05) 949.311.3 Fax
Attachment E
K-V.P.ENT4jtP.'RI$E9.,.1NV,., dQ. a EXPERT DIESEL 18
Florida Statute 448,096 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 448.09.5, all contractors doing business with the City of Sunny Isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further, thecontractor must also require and
maintain the statutorily required affidavit of its. subcontractors. It the responslbility`of the awardedvendor to
ensure compliance%with E=Verify requirements (as applicable). To enroll in. E -Verify, employers should visit
the E -Verify website (https: Jwww:e-verifV.gbv/empl6yers/`enrolline=Irl-o-verify) and follow the
instructions. The contractor must, as usual, retain the I-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with IE -Verify requirements.
.VP
Off ..ighatur
,%
Print Name p Q
(LF.�ederal Employer Identification Number (F5N)
1013
wz
Date
Title'
Sworn to and. subscribed before me on this this � C�Cto be,( 2-Mz)
day of , ^�:-
By Lu 15 f0eeM f)
D Is personally known to me
L21 Has. prod ed iden c ': v (type of identification produced;
Signat re of No ary Public
Melissa Gale Cfuz
' Comm .IiH 282021
Al Expires June 28 2Q28� 2-�
�.
��1�nmia��` f1 ot�tAfte9JsltleTidgblic Expiration bate
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(3.05) 947-0606: phone (3.05) 949-3113 Fax
Attachment F
KVP FNTE PR15ES, TNC. d/b/a. EXPERT DIESEL 9
OF 6d NY
IRV
V
_ 1
r"OF`°"AN Affidavit of Compliance with Anti -Human Trafficking Laws
City of Sunny Isles Beach
•I 9070 Collins Avenue
Sunny Wes Beach, FL 33160
Telephone: (305) 04740606
The undersigned; on behalf of the entity listed below ("Entit
perjury, as follows; y"), hereby attests, under penalty of
1, Entity does not use cgercion for labor or services as defined. in Section 787.06, Florida
Statutes. (Source: § 787.0.6 (13), Florida Statutes Human Trafficking).
2`. The undersigned is authorized to execute this affidavit on behalf of Entity.
J
Date: t r 3 , 202-` Signed:
Eriti .:KVip rl --enc_ Name:1_u1� ,�_-(..-- i
' UIe 1
Title: loe-(S Nr ". r
STATE OF - I.or) d a,
COUNTY OF Lrawor'r1l
The foregoing instrument was acknowledged before me, by means f L9' physical presence or ❑
online otarization, this day of e- Y 20� by
C a$ ifprf'�i CI for
�v l �nC, who is personally known to
me or who has produced.PL..* f IVP j IC21r�-Cas identification.
me257-7Z1 -'6O --*dU - p
Notary Publi
Print Name:
2Melissa Gale Cruz
Comm. :HFI
282Q21
�'' �Kplres:June28,2028
Notary Public- Vate of Florida
State of Florida at Large (Seal.)
My commission expires, Z f 2�o
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT 2
KVP ENTERPRISES, INC., D/B/A EXPERT DIESEL — FIRST AMENDMENT Page 5 of 6
4uxNY �j�P
.P
fie. A�
V
CONTRACTOR ANTI-BOYCOTT CERTIFICATION
4P''D�•-1 LOa`O ��'
[PURSUANT TO FLORIDA STATUTE § 287.1351
KVP -En-6P_(Pr(Tb na
I,
Luis Merchan, on behalf of b� �� 131 >
Print Name Company Name
"po'pric,�,r�-Znc
certifies thatdoes not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism
Sectors List; and
5. Has not engaged in business operations in Cuba or Syria.
Signature
President
Title
5/22/2025
Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT 3
KVP ENTERPRISES, INC., D/B/A EXPERT DIESEL — FIRST AMENDMENT Page 6 oY 6
Ofo
4 �uNNY Ise
�`OB\N�bb
SU" * Affidavit of Compliance with Anti -Human Trafficking Laws
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of
perjury, as follows:
1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida
Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking).
2. The undersigned is authorized to execute this affidavit on behalf of Entity.
Date: ! t ia� LL , 20Z5
Entity: bP' Qrn(slW-
STATE OF { O�lcicf--
COUNTY OF'RrO\00.
The foregoing instrument was acknowledged before me, by means of ❑ physical presence or CQI
online notarization, this Z day of 20 2 - 7 , by
vi I r IffeWn as Priffr�! _ EY1'E" for
:Fnkmri 1 , who is personally known to
me or who has produced'FL L-M2!5""TJ--Vs identification.
Melissa Gala Cruz
li- Comm.:HH282021
+' Expires: June 28, 2026
, OR44������
„���tdotaryPublic -State of Florida
Notary Public Signature: State of Florida at Large (Seal)
Signed:
Name: Luis Merchan
Title: President
Print Na
My commission expires: 20Z(q -
6
Tp
OF 5441+ �.
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 Director
DATE: May 15, 2025
RE: Approval of a First Amendment to the Agreement with KVP Enterprises, I NC.,
d/b/a/ Expert Diesel
RECOMMENDATION:
Staff recommends approval of this Resolution.
:TI,Fi�I►b�l
On October 4, 2024, the City of Sunny Isles Beach entered into an agreement with Expert Diesel for
service and repairs to the City buses with diesel engines, including warranty and non -warranty work and
parts replacements. Contractor is certified and insured with the necessary experience to provide said
services.
Effective October 4, 2025, the City recommends to exercise its option to renew the Agreement for (1)
year as set forth in Section 4 of the Agreement. There will not be remaining renewal options.
Agreement, entitled "Compensation", to provide additional compensation in an amount not to exceed
$120,000.00. The additional compensation provided provided herein will bring the total Agreement not
to exceed amount to $160,000.00.
FUNDING SOURCE:
Funds have been appropriated in Account No's: 110-5-5440-446000-00000 and
110-5-5440-452003-00000.
ATTACHMENTS:
Resolution
Item Number: 9.F
141
First Amendment
Item Number: 9.F
142