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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