HomeMy WebLinkAboutReso 2025-3926RESOLUTION NO. 2025 - 51;?4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RESCINDING RESOLUTION NO. 2025-3851; AWARDING INVITATION
TO BID NO. 25-06-01 TO, AND APPROVING AND AGREEMENT WITH, JORDA
ENTERPRISES, INC. AS THE PRIMARY AWARDEE FOR PREVENTATIVE
MAINTENANCE SERVICES OF HVAC MANAGEMENT SYSTEMS LOCATED AT THE
GOVERNMENT CENTER, THE FLEET BUILDING, AND THE BUILDING
DEPARTMENT MODULAR, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
FORTY-FIVE THOUSAND FOUR HUNDRED SEVENTY-TWO DOLLARS AND NO
CENTS ($145,472.00); ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT; 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") is in need of a contractor to provide
preventative maintenance services for the HVAC management system located at the
Government Center, the Fleet Building, and the Building Department Modular (the "Services");
and
WHEREAS, on June 11, 2025, the City issued and advertised Invitation to Bid No. 25-06-
01 (the "ITB") for Citywide HVAC Management System Preventative Maintenance Services and
received nine (9) submissions; and
WHEREAS, Jorda Enterprises, Inc. ("Primary Awardee") represented to the City that it
possesses the requisite qualifications, expertise, and licenses to perform all necessary work ire;I
connection with the Services specified in the ITB; and
WHEREAS, on July 17th, 2025, via Resolution No. 2025-3851, the City Commission
awarded the ITB to, and approved an Agreement with, the Primary Awardee to provide the City
with the desired Services; and
WHEREAS, subsequent to the City Commission's approval of the Agreement, the Primary
Awardee requested to amend the insurance requirements; and
WHEREAS, the City Commission wishes to rescind Resolution No. 2025-3851, and award
the ITB and enter into an Agreement with the Primary Awardee to provide the Services, in an
amount not to exceed One Hundred Forty -Five Thousand Four Hundred Seventy -Two Dollars
and No Cents ($145,472.00), which includes a contingency, if necessary, in the amount of Fifty
Thousand Dollars and No Cents ($50,000.00), 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. Rescindment of Resolution No. 2025-3851. The City Commission hereby rescinds
Resolution No. 2025-3851.
@BCL@6C17C132 Page 1 of 2 182
Section 2. Award of Bid No. 25-06-01 and Approval of Agreement. The City Commission
hereby awards the ITB to, and approves an Agreement with, the Primary Awardee to provide
the Services, in an amount not to exceed One Hundred Forty -Five Thousand Four Hundred
Seventy -Two Dollars and No Cents ($145,472.00), which includes a contingency, if necessary, in
the amount of Fifty Thousand Dollars and No Cents ($50,000.00), attached hereto as Exhibit "A".
Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution will become effective upon adoption.
ATTEST• `s
Mauric
PASSED AND ADOPTED this 20th day of N ber, 2025.
cur, qMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Vote:
Mayor Svechin
(Yes)
(No)
Vice Mayor Lama
✓(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Stuyvesant
Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
@BCL@6C17C132 Page 2 of 2 183
y ;VNNY `rFl
O 9„
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND JORDA ENTERPRISES, INC.
CONTRACT NO.2025-4288
THIS CONTRACTUAL AGREEMENT (hereinafter "Agreement") is made this *4
day of N �i' , 2025, by and between the CITY OF SUNNY ISLES BEACH,
Florida, (hereinafter "City"), and JORDA ENTERPRISES, INC., a Florida corporation,
whose Federal Employer Identification (FEI) No. is 59-2340702 (hereinafter "Contractor").
RECITALS
WHEREAS, the City is in need of a primary and non-exclusive Contractor to provide
preventative maintenance to the HVAC Management Systems located at the Government Center,
Fleet Building, and Building Department Modular, as more particularly described in Invitation to
Bid ("ITB") No. 25-06-01, entitled "Citywide HVAC Management System Preventative
Maintenance," attached hereto as Attachment "A," and incorporated herein by reference and made
a part hereof (hereinafter "Services" or "Work"); and
WHEREAS, upon evaluation, Contractor was determined to have submitted the most
responsible and responsive bid; and
WHEREAS, Contractor is qualified, willing and able to provide the Services subject to
the terms and conditions contained herein; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
desired Services, as primary and non-exclusive Contractor, for an amount of Ninety -Five
Thousand Four Hundred Seventy -Two Dollars and No Cents ($95,472.00), plus Fifty Thousand
Dollars and No Cents ($50,000.00) as a contingency amount, if necessary, resulting in a total not -
to -exceed amount of One Hundred Forty -Five Thousand Four Hundred Seventy -Two Dollars and
No Cents ($145,472.00);
NOW THEREFORE, in consideration of the promises and the mutual covenants set forth
herein, the parties agree as follows:
TERMS
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
as well as ITB No. 25-06-01, and all addenda thereto, appended hereto collectively as Attachment
"A," and Contractor's Response thereto, appended hereto as Attachment `B" (hereinafter referred
to collectively as "Contract Documents"). In the event of any conflict between or among the
contract documents or any ambiguity or missing specifications or instruction, the following
priority is established:
A. First, this Agreement Between the City of Sunny Isles Beach and Jorda Enterprises,
Inc. — Contract No. 2025-4288.
B. Second, Invitation to Bid No. 25-06-01, entitled "Citywide HVAC Management
System Preventative Maintenance," and all addenda thereto.
JORDA ENTERPRISES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
C. Third, Contractor's Response to ITB No. 25-06-01.
3• SERVICES. Contractor shall provide the Services, as the primary and non-exclusive
Contractor, pursuant to the terms and conditions set forth in the Contract Documents, including
but not limited to, providing all labor, equipment, and materials for HVAC preventative
maintenance, including inspections on chillers, pumps, cooling towers, air handler units, pipes,
valves, mini split units, emergency services, coil maintenance, duct cleaning, regular filter
replacement, and HEPA filters, at the Government Center, Fleet Building, and Building
Department Modular.
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor
agrees to furnish all labor and material in a good and workmanlike and professional manner to
perform Services. Contractor agrees to have a qualified representative to audit and inspect the
Services provided on a regular basis to ensure all Services are being performed in accordance with
the City's needs and pursuant to the terms of this Agreement and shall report to the City
accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any
problems that could cause damage to the City's property, improvements and persons. Contractor
will require its employees to perform their work in a manner befitting the type and scope of work
to be performed. In the event the Contractor fails to complete the Services pursuant to the terms
of this Agreement and City must undertake the completion of performance of Services, Contractor
agrees to indemnify the City for all costs incurred with respect to the completion of those Services
and any damages the City may suffer as a result of the Contractor's failure to perform the Services.
4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the initial term of this Agreement shall commence on November 1, 2025, and
shall continue thereafter for a period of two (2) years. Prior to, or upon completion of the initial
term, the City shall have the option, at its sole discretion, to renew this Agreement for one (1)
additional three (3) year renewal term.
The terms of Section 11 entitled "Warranty of Services & Materials," Section 12 entitled
"Defective Work," Section 14, entitled "Indemnification and Waiver of Liability," and Section
21, entitled "Compliance with Law," shall survive termination of this Agreement.
5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for
Services performed under this Agreement, an amount of Ninety -Five Thousand Four Hundred
Seventy -Two Dollars and No Cents ($95,472.00), plus Fifty Thousand Dollars and No Cents
($50,000.00) as a contingency amount, if necessary,
of
One Hundred Forty -Five Thousand Four Hundred Seventy -Two totalulting in a Dollars andd No amount Cents
($145,472.00). Payment to Contractor for all charges under this Agreement shall be in accordance
with the Contract Documents, under the following conditions:
A. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
B. Payment Schedule Contractor shall submit invoices to the City by the 10t" day of
each month. Invoices received from the Contractor pursuant to this Agreement will
be reviewed by the initiating City Department. If Services have been rendered in
conformity with the Agreement, the invoice will be sent to the Finance Department
JORDA ENTERPRISES, INC.
2
City of SunnY Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
for payment. Invoices must reference the Agreement number assigned hereto.
Invoices will be paid in accordance with the State of Florida Prompt Payment Act.
C. Availability o_? Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to Contractor.
D. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final ice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed, any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, overhead or
any other expenses or costs unless any such expense or cost is incurred by Contractor with the
prior written approval of the City. If the City disputes any charges on the invoices, it may make
Payment of the uncontested amounts and withhold payment on the contested amounts until they
are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make
it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form
of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. LIQUIDATED DAMAGES. Failure to complete work within the time specified by the
City's Project Manager, including any extension granted in writing by the City, shall obliga e the
Contractor to pay the City, as liquidated damages and not as a penalty, an amount equal to Two -
Hundred Dollars and No Cents ($200.00) for each calendar day of delay in the completion of the
work. If any liquidated damages are unpaid by the Contractor, the City shall be entitled to deduct
these unpaid liquidated damages from the monies due the Contractor.
7• INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been undertaken
by the City. Contractor shall be responsible for any and all of its own expenses in performing its
duties as contemplated under this Agreement. The City shall not be responsible for any expense
incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or
Pay Social Security services and that such obligations shall be that of the Contractor, other than
those set forth in this Agreement. Contractor shall furnish its own transportation, office and other
supplies as it determines necessary in carrying out its duties under this Agreement.
8. ASSIGNMENTS TRANSFERS SUBCONTRACTING. Contractor shall not
subcontract, assign, or transfer any work under this Agreement without the prior written consent
of the City. Should the Contractor subcontract any services under this Agreement, it shall be done
JORDA ENTERPRISES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
with continued liability for the Contractor. The Contractor shall remain responsible for services,
responsibilities, and liabilities of any person or entity acting under Contractor.
9• INSURANCE. Contractor shall, at its sole cost and expense, during the period of an
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents or employees, as indicated below:
coverage for all operations, including, but not limited to, contractual,
A. Comprehensive General liability insurance, including broad form contractual liability, and products
completed operations, personal injury and property damage liability with minimum
limits of One Million Dollars ($1,000,000.00) per occurrence, and One Million Dollars
($1,000,000.00) in the aggregate.
B. Business Automobile Liability which shall include coverage for all owned, non -owned
and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000.00) combined single limit per occurrence for bodily injury and property
damage.
C. Worker's Compensation and employer's liability coverage, as required pursuant to
Florida law, including Employer's Liability of $1,000,000.
D. Umbrella/Excess Liability Policy at a minimum of $2,000,000.00 per occurrence and
$2,000,000.00 in the aggregate.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or
self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business tinder the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for contractual
liability, with the City named as additional insured. All policies shall contain a waiver of
subrogation endorsement. All policies and certificates shall be in forms and issued by insurance
companies acceptable to the City Manager or his designee. All insurance policies and certificates
of insurance shall provide that the policies may not be canceled or altered without thirty (30) days
prior written notice to the City. Contractor shall also require and ensure that each of its sub-
contractors providing services hereunder (if any) procures and maintains, until the completion of
the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO
THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
10. TERMINATION AND REMEDIES FOR BREACH.
A.
If, through any cause within reasonable control, the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
JORDA ENTERPRISES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten 0 0) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an
amount equal to the actual cost of a third party to cure such failure. If Contractor
fails, refuses or is unable to per any term of this Agreement, City shall pay for
services rendered as of the date of termination.
1. In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
y bContractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Contractor ten 0 0) days written notice. The terms of Paragraph A(1) and
A(2) above shall be applicable hereunder.
C- Termination for Insolvenc The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
11. WARRANTY OF SERVICES AND MATERIALS.
A. The Contractor shall warrant the labor performed and materials used for a minimum
period of one (1) year from the date the Services are complete. This warranty shall
be in addition to whatever rights the City may have under state or federal law. The
Contractor's obligation under this warranty shall be at its own cost and expense, to
promptly repair or replace (including cost of removal and installation), that item (or
part or component thereof) which proves defective or fails to comply with the
Agreement within the warranty period such that it complies with the Agreement.
B. Contractor warrants to the City that all materials and equipment furnished under
this Agreement will be new unless otherwise specified and will be of good
quality, free from faults and defects and in conformance with the Agreement. All
equipment and materials not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective.
If required by City or its designee, Contractor shall furnish satisfactory evidence
as to the kind and quality of materials and equipment. This warranty is not limited
by any other provisions within this Agreement.
JORDA ENTERPRISES, INC.
5
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
C. Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties, expressed and/or implied, shall be given to the City for all material
and equipment covered by this Agreement. All material and equipment furnished
shall be fully guaranteed by the Contractor against factory defects and
workmanship.
12. DEFECTIVE WORK.
A. If required by City, Contractor shall promptly, as directed and at Contractor's sole
expense, either correct all defective Work, whether or not fabricated, installed or
completed, or, if the Work has been rejected by City, remove it from the site and
replace it with non -defective Work. Contractor shall bear all direct, indirect and
consequential costs of such correction or removal (including but not limited to
fees and charges of engineers, architects, attorneys and other professionals) made
necessary thereby.
B. Should Contractor fail or refuse to remove or correct any defective work or to make
any necessary repairs in accordance with the requirements of this Agreement
within the time indicated in writing by the City Manager or its designee, the City
shall have the authority to cause the defective work to be removed or corrected, or
make such repairs as may be necessary at Contractor's expense. Any expense
incurred by the City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of
failure of Contractor to make all necessary repairs promptly and fully, which is not
cured in the cure period, the City may declare Contractor in default.
C. If, within one (1) year after the date of completion of Services or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision(s) of
this Agreement, any of the work is found to be defective or not in accordance with
this Agreement, Contractor, after receipt of written notice from the City or its designee,
shall promptly correct such defective or nonconforming work within the time specified
by the City without cost to the City. Nothing contained herein shall be construed to
establish a period of limitation beyond a period of five (5) years with respect to
any other obligation which Contractor might have under this Agreement including
but not limited to any claim regarding latent defects.
D. Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
E. Where the City or its designee becomes aware of faults, defects or non -conformity
in any of the work provided under this Agreement or with the work being
performed by the Contractor, the City or its designee shall issue a Notice to Cure
to the Contractor for correction. In no event shall the failure of the City or its
designee to bring to the attention of the Contractor of such faults act as a waiver or
release the Contractor from responsibility or liability for such fault, defect or non-
conforming work.
JORDA ENTERPRISES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten 10
) yars subsequent to thatthis
Agreement shall terminate for any reason whatsoever, disclose to any person or ent t ateupon thewhicr than
in the discharge of the duties of the Contractor under this Agreement, any information which the
City designates in writing as "confidential." As a violation by the Contractor of the provisions of
this Section could cause irreparable injury to the City and there is no adequate remedy at law for
such violation, the City shall have the right, in addition to any other remedies available to it at law
or in equity, to enjoin the Contractor from violating such provisions.
14. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify, hold harmless and, at the City's option, defend or pay
for an attorney selected by the City to defend, City, its agents, representatives, officers, directors,
officials and employees from and against any and all causes of action, demands, claims, losses,
liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused
or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including
those of their employees, agents, servants, or officers, or accruing, resulting from, or directly
related to the subject matter of this Agreement including, without limitation, any and all claims,
losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting
from injuries or damages sustained by any person or property. In the event any lawsuit or other
proceeding is brought against City by reason of any such claim, cause of action or demand,
Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City.
15. JURISDICTION VENUE AND WAIVER OF JURY TRIM,, This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, Contractor AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
16. 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
JORDA ENTERPRISES, INC.
7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City: Stan Morris
With a copy to:
City Manager City Attorney
City of Sunny Isles Beach City of Sunny Isles Beach
18070 Collins Avenue 18470 Collins Avenue
Fourth Floor Fourth Floor
Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1776 Tel: (305) 792-1766
If to the Jorge Guisasola, President
Contractor: Victor Munoz, Service Manager
1510 NW 79th Avenue
Doral, Florida 33126
Tel: (305) 262-0095
17. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform
the service.
B. Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be insp
by law. ected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
C. Contractor shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the Agreement if the Contractor
does not transfer the records to the City.
D. Contractor shall, upon completion of the Agreement, transfer, at no cost, to the City
all public records in possession of the Contractor or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to the City upon
completion of the Agreement, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the Agreement, the Contractor shall meet
all applicable requirements for retaining public records. All records stored electronically must be
provided by Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
JORDA ENTERPRISES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IF THE Contractor HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 1199 FLORIDA STATUTES, TO THE CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 41h
Floor, Sunny Isles Beach, Florida 33160.
18. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
19. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of.1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not
discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance.
The Contractor will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay or other forms of compensation, and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
20. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code
of Ordinances of the City of Sunny Isles Beach, as amended, which are incorporated by reference
herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The
Contractor covenants that it presently has no interest and shall not acquire any interest, directly or
indirectly which should conflict in any manner or degree with the performance of Services under
this Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this Agreement or to any benefit arising therefrom.
21. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
JORDA ENTERPRISES, INC.
9
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
22. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Attachments "A" and `B."
23. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
for goods or services if at the time of bidding, submitting a proposal for, or entering into or
renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
engaged in the boycott of Israel. Contractors must certify that the company is not participating in
a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more
shall be terminated at the City's option if it is discovered that the company submitted a false
certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1,
2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "C." Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
the false certification. The Contractor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Contractor does
not demonstrate that the City's determination of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 287.135.
24. E-VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E-Verify System, and further provides that a public employer
may not enter into a contract unless each party to the contract registers with and uses the E-Verify
system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a
subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In
accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility
using the E-Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Contractor to ensure compliance with E-Verify
requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website
(https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The
Contractor must retain the 1-9 Forms for inspection, and provide the attached E-Verify Affidavit,
attached hereto as Exhibit "D."
25. 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),
JORDA ENTERPRISES, INC.
MNWANNWW-
10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as
Attachment "E," 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.
26. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements, and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGES TO FOLLOW]
JORDA ENTERPRISES, INC. i
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
JORDA ENTERPRISES, INC.
a �r
By:
, uisasola, Presi e
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
The foregoing instrument was acknowledged before me by means of$ physical presence or ❑
online notarization, this S day of Nerember, 2025, by Jorge Guisasola, as President of Jorda
Enterprises, Inc. D6cg-m0ER
(SEAL) N Public, State of Florida
(Signature of Notary Public
JOSE A ALONSO
Notary Public • State of Florida
Commission # HH 250569
if. My Comm. Expires Apr 7, 2026
Bonded through National Notary Assn.
(Print, p , or tamp
Commissioned Name of Notary
Public)
Personally Known 4. or Produced Identification
Type of Identification Produced:
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
JORDA ENTERPRISES, INC 12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
t,r n
ATTEST:
.../ElmMC
Maur -
CITY OF
IM
Larisa Svechin,
ISLES BEACH
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
Department Head BY.
A' ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
JORDA ENTERPRISES, INC.
13
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment A
JORDA ENTERPRISES, INC.
14
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment B
JORDA ENTERPRISES, INC.
15
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment C
JORDA ENTERPRISES, INC.
16
3VNNT fF,.
U .T
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
[PURSUANT TO FLORIDA STATUTE § 287.135]
ate?.. , on behalf of 7SWA Atdtairircxt ,
Print Name Company Name
certifies that "Sic&c& , �r,6 r ok does 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.
;ignaiure
Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment D
JORDA ENTERPRISES, INC.
17
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security's E-
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E-Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, 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, the contractor must also require and
maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to
ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit
the E-Verify website (https://www.e-verify.gov/emplovers/enrolling-in-e-verify) and follow the
instructions. The contractor must, as usual, retain the 1-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with E-Verify requirements.
59^ 2 3 Y-0 ?0?-
Federal Employer Identification Number (FEIN)
Sworn to and subscribed before me on this this 1- day of P cee.w br- ff- 2021.
By W ervIL RyZo Z-
lir Is personally known to me
O Has produced identification (type of identification produced:
J)Z- ik
nature of Notary Public
M O'
MOROR
JOSE A ALON5O
ary Public State of Florida
ommission 41 HH 250569Comm. Expires Apr 7, 2026AssnPriExpiration Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment E
JORDA ENTERPRISES, INC.
18
SVNNY•�S(
Ff
r Or SUe�
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: f
' , 201!1�; Signed:
Entity: 6
Name: ljii �,�; �•�
Title:
STATE OF Flo a, O A
COUNTY OF
The foregoing instrument was acknowledged before me, by means of physical presence or ❑
online notarization, this
Vttrr� a Hvvo day °f i�Lsca��o 20 by
9D K D4 MEcHA..�ae� as --� Eevrcr
�2. for
me or
wed who is personally known to
as identification.
Notary Public Signature: 1— 4 �1 State of Florida at Large (Seal)
-.-a.�.:
Print Name: ""Y°6,:, JOSEAALONSO
�: 11bliL State_, of Florfda
4,Q Commission # HH 250569 MY commission expires:
MY Comm. Expires Apr 7, 2026
Bonded through National Notary Assn.
. pp OF 504 "
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: Genesis Cuevas, Procurement Director
DATE: November 20, 2025
RE: Jorda Enterprises, Inc. Revision on Section 9. InsuranceA
RECOMMENDATION:
Staff recommends approval of this resolution.
REASONS:
On June 11, 2025, the city issued ITB # 25-06-01 titled Citywide HVAC Management System
Preventative Maintenance Services. On the July 17, 2025 Commission Meeting a contract was approved
to award and enter into an agreement with Jorda Mechanical as primary awardee for the following
locations: Government Center (18070 Collins Avenue), Fleet Building (18080 Collins Ave), Building
Department Modular (18080 Collins Ave), Government Annex (future amendment).
Upon the issuance of a new Invitation to Bid for Citywide preventative maintenance services, Jorda
raised concerns regarding the specified insurance limits. Their objections, along with proposed revised
limits, were submitted to Brown & Brown for risk assessment. Brown & Brown subsequently approved
the lower limits proposed by Jorda. It is important to note that no bidders raised concerns or questions
about the insurance requirements during the ITB period, which would have resulted in a public
addendum. Furthermore, all other awarded Contractors accepted the insurance terms without
objection and provided Certificates of Insurance in accordance with the contract requirements.
Jorda Mechanical has been servicing the GC HVAC preventative maintenance since 2017 via ITB # 16-
09-02.
Item Number: 9.F
180
Therefore, because the Public Works Department- via the Facilities Division is satisfied with their
services, and the ITB included the following: "The City reserves the right to reject any or all Bids, with or
without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the
interest of, and represents the best value to, the City in conformity with the criteria set forth in Section
62-8 of the Code of Ordinances of the City of Sunny Isles Beach':
The City is requesting to amend the insurance requirements and award Jorda's contract.
Their two proposed amendments are as follows:
• Pollution Liability InsuFance in an arnownt of net le-rs than 0- ne Million Dell-;ir-r,
($ nnn nnn nn) rer OCCUFFence
• Umbrella/Excess Liability Policy at a minimum of $5,000,000. $2,000,000.00 per occurrence
and . $2,000,000.00 in the aggregate.
ADDITIONAL INFORMATION:
For clarity and record keeping purposes, approval of this resolution formally rescinds the prior approval
of the Agreement as granted under Resolution No. 2025-3851. However, the Not -to -Exceed amount of
$145,472.00 remains unchanged.
Copies of the complete contract, including all exhibits and attachments, are on file with the Office of the
City Clerk and are available for review upon request.
FUNDING SOURCE:
Funds have been appropriated in Facilities Maintenance Account No. 001-5-5391-446003-XXXXX.
ATTACHMENTS:
Resolution
Agreement
Item Number: 9.17
181