HomeMy WebLinkAboutReso 2026-3974RESOLUTION NO. 2026 - _!Mt
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FOURTH AMENDMENT TO THE AGREEMENT WITH IAM
ELECTRIC, INC. FOR STREET LIGHTING PREVENTATIVE MAINTENANCE AND AS -
NEEDED ELECTRICAL SERVICES, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
SEVENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($175,000.00), ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on January 18, 2024, via Resolution No. 2024-3610, the City Commission of
the City of Sunny Isles Beach (the "City") awarded Invitation to Bid (the "ITB") No. 23-11-01 to,
and approved an agreement with, [AM Electric, Inc. (the "Contractor") to provide street lighting
preventative maintenance services (the "Services"), in an amount not to exceed $120,000.00;
and
WHEREAS, on April 14th, 2024, via Resolution No. 2024-3650, the City Commission
approved a First Amendment to the Agreement with the Contractor to revise the frequency of
the Services from bi-weekly to monthly, and to provide additional "as -needed" electrical
services, in an amount not to exceed $100,00.00; and
WHEREAS, on January 16th, 2025, via Resolution No. 2025-3786, the City Commission
approved a Second Amendment to the Agreement with the Contractor to underground existing
above ground connections related to the Golden Shores Utility Undergrounding Project, in an
amount not to exceed $372,000.00; and
WHEREAS, on February 20, 2025, via Resolution No. 2025-3797, the City Commission
approved a Third Amendment to the Agreement to run underground conduits and conductors
from existing or new pull boxes to the transformers in several locations, in an amount not to
exceed $65,000.00; and
WHEREAS, the City is in need of an electrical contractor to replace approximately 230
original halogen lighting fixtures at the Heritage Park Parking Garage with energy -efficient LED
fixtures on all four (4) floors, and to provide additional "as -needed" electrical services
("Additional Services"); and
WHEREAS, the Contractor has submitted a quote for the Additional Services; and
WHEREAS, the City Commission wishes to approve a Fourth Amendment to the
Agreement with the Contractor. to perform the Additional Services, in an amount not to exceed
One Hundred Seventy -Five Thousand Dollars and No Cents ($175,000.00), bringing the total
contract amount not to exceed Eight Hundred Thirty -Two Thousand Dollars and No Cents
($832,000.00), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
@BCL@9C175C1C Page 1 of 2 816
Section 1. Approval of Fourth Amendment. The City Commission hereby approves a Fourth
Amendment to the Agreement with the Contractor to perform the Additional Services, in an
amount not to exceed One Hundred Seventy -Five Thousand Dollars and No Cents ($175,000.00),
bringing the total contract amount not to exceed Eight Hundred Thirty -Two Thousand Dollars
and No Cents ($832,000.00), attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to
execute said First Amendment to the Agreement, and to do all things necessary to effectuate
this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 19th Feblruary, 2�26.
Larisa Svechin, Mayor
ATTEST: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Mai cio Betan ur, CIVIC, City Clerk Wain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved bV Seconded by: Pwufst�!
WWI TWEF4
Vote: /
Mayor Svechin (Yes) (No)
Vice Mayor Viscarra (Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Lama (Yes) No)
Commissioner Stuyvesant (Yes) ✓ (No)
@BCL@9C175C1C Page 2 of 2 817
OF Sp1NY ,s(fe
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a,1FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY
F>'FL00. OF SUNNY ISLES BEACH AND IAM ELECTRIC, INC.
to: SUN ^O
CONTRACT NO. 2024-7420
THIS FOURTH AMENDMENT TO THE AGREEMENT between the CITY OF
SUNNY ISLES BEACH ("City") and IAM ELECTRIC, INC., a corporation authorized to do
business in the State of Florida, whose Federal Employer Identification (FEI) No. is 83-2450520
("Contractor"), executed this'` -Uay of February, 2026, is made a part of the original Agreement
between the City and Contractor, dated January 22, 2024 ("Agreement"), as amended on April 25,
2024, on January 16, 2025, and on February 20, 2025, collectively attached hereto as Exhibit "A."
The City and Contractor hereby agree as follows:
1. THE CONTRACT DOCUMENTS. City and Contractor wish to amend Section 2 of the
Agreement, entitled "The Contract Documents" to include and incorporate as part of the Contract
Documents, the Contractor's Quote, which is appended hereto as Exhibit "B."
2. ADDITIONAL COMPENSATION. City and Contractor also wish to amend Section 5
of the Agreement, entitled "Compensation," to provide additional compensation for an amount not
to exceed One Hundred Seventy -Five Thousand Dollars and No Cents ($175,000.00). The
additional compensation provided herein will bring the total Agreement not to exceed amount to
Eight Hundred Thirty -Two Thousand Dollars and No Cents ($832,000.00).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, dated January 22, 2024, as
amended, shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Fourth 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 Exhibits "A" and "B."
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
a
IAM ELECTRIC, INC. — FOURTH AMENDMENT Page 1 of 5
Isles
ccany Beack t 7O Ccslltns �°ettue. Sunny is cs Leach, I lor'da 33160
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IN WITNESS t R�' 'thc, partres hereto ha re executed this Fourth Amendment as
c date Mentioned abue.
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� IA1Vi EL CTRIC, INC,
a
, 1 BY:
Iglz ttilera,,President
°
STATE OF
I,
.FLOkffiX
COUNTY OF MIAMI DADE
e,'rbe foregoing instrument :"was" acicn6wledged.b,efo.r.6,.iiie:,.bYni,6ans of physical presence or.0,
aline 'notarization; this . day of February, 206,. by Ignacio .Autlera as President of IAM "
fi
Electric, Inc.
Vq CA PJEi. FERflNMDEZ
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1AMtt crrsIc INC -romrHAMENDEN Pagc
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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4'TtEST' ' CITY OF NNY LES BEACH
BY: BY
Mau igio Betan ur Larisa Svec in, Mayor
'CN City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ✓�
Al in E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
IAM ELECTRIC, INC. — FOURTH AMENDMENT Page 3 of 5
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Exhibit A
IAM ELECTRIC, INC. — FOURTH AMENDMENT Page 4 of 5
OF SONNY I,{Fa
ti
THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
SUNNY ISLES BEACH AND IAM ELECTRIC INC.
CONTRACT NO.2024-7420
THIS THIRD AMENDMENT TO THE AGREEMENT between the CITY OF
SUNNY ISLES BEACH ("City") and IAM ELECTRIC, INC., a corporation authorized to do
business in the State of Florida, whose Federal Employer Identification (FEI) No. is 83-2450520
("Contractor"), executed this 25Vh day of February, 2025, is made a part of the original Agreement
between the City and Contractor, dated January 22, 2024 ("Agreement"), as amended on April 25,
2024, and January 16, 2025, collectively attached hereto as Attachment "A." The City and
Contractor hereby agree as follows:
1. THE CONTRACT DOCUMENTS. City and Contractor wish to amend Section 2 of the
Agreement, entitled "The Contract Documents" to include and incorporate as part of the Contract
Documents, the Contractor's Quote, which is appended hereto as Attachment "B."
2. ADDITIONAL COMPENSATION. City and Contractor also wish to amend Section 5
of the Agreement, entitled "Compensation," to provide additional compensation for a contract
amount not to exceed Fifty -Eight Thousand Nine Hundred Eight Dollars and No Cents
($58,908.00), plus a contingency amount, if necessary, of Six Thousand Ninety -Two Dollars and
No Cents ($6,092.00). The additional compensation provided herein will bring the total Agreement
not to exceed amount to Six Hundred Fifty -Seven Thousand Dollars and No Cents ($657,000.00).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, dated January 22, 2024, as
amended, shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Third 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 Attachments "A" and "B."
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
IAM ELECTRIC, INC. — THIRD AMENDMENT Page] of 5 142
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 9419-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of
the date mentioned above.
IAM ELECTRIC, INC.
BY:
1006 Aguilera, President
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
The foregoing instrument was 'akknowl6dged before me by means of
cal presence or 0
dblin6 notarization, this day of February: A25, by 'IgnacioAil ayassi Preident of IAM
Electric, Inc.
(SEAL) c, State ofEjp�zi
A. SMMGO
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Personally Known. or Pro . du d Id
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[ADDITIONAL SIGNATURE PAGE TO. FOLLOW]
IAM ELECTRIC, INC. —THIRD AMENDMENT
Paget ofS
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
AT7
BY:
CITY OF SU Y ISLES BEACH
BY:
Larisa Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: rca�
/larn E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
IAM ELECTRIC, rNC. —THIRD AMENDMENT
Page 3 of 5
144
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment A
IAM ELECTRIC, INC. —THIRD AMENDMENT
Page 4 of 5
145
y SONNY irpse
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY
ye ''. Rioa~J
OF SUNNY ISLES BEACH AND IAM ELECTRIC, INC.
CONTRACT NO.2024-7420
THIS SECOND AMENDMENT TO THE AGREEMENT between the CITY OF
SUNNY ISLES BEACH ("City") and IAM ELECTRIC, INC., a corporation authorized to do
business in the State of Florida, whose Federal Employer Identification (FEI) No. is 83-2450520
("Contractor'), executed this ? Y-day of January, 2025, is made a part of the original Agreement
between the City and Contractor, dated January 22, 2024 ("Agreement"), as amended on April 25,
2024, collectively attached hereto as Attachment "A." The City and Contractor hereby agree as
follows:
1. THE CONTRACT DOCUMENTS. City and Contractor wish to amend Section 2 of the
Agreement, entitled "The Contract Documents" to include and incorporate as part of the Contract
Documents, the Contractor's Quote, which is appended hereto as Attachment "B"
2. ADDITIONAL COMPENSATION. City and Contractor also wish to amend Section 5
of the Agreement, entitled "Compensation," to provide additional compensation in an amount not
to exceed Three Hundred Seventy -Two Thousand Dollars and No Cents ($372,000.00). The
additional compensation provided herein will bring the total Agreement not to exceed amount to
Five Hundred Ninety -Two Thousand Dollars and No Cents ($592,000.00).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, dated January 22, 2024, as
amended, shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this- Second 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 Attachments "A" and `B."
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
IAM ELECTRIC, INC. — SECOND AMENDMENT Page 1 of s
146
C'ily of Sminy� Ls/es Be(tch I8070 Collins Avenue, Sunny Isles Beech; Florida 33160
(305) 947-0606 phone (305) 949-3113. Fax
IN WITNESS WHERE, 0Fj the parties hereto have execcited this Second Amendment as
of the date mentioned above.
IAM ELECTRIC, INC.
BY:
Ignacio Agizilera, President
STATE OF FLORIDA-
COUNTY OF MIAMI-DADE:
i
The foregoing instrument was acknoofwledged before.me. by means hysical presence or ❑
online notarization, this 05day of January, 2025, by Ignacio Aguilera, as President of TAM
Electric, Inc.
(SEAL)
o1pRY
FEt WOO A. sAM60
Q Notary Public
o State of Florida
Comm# HH160851
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(Print, Type, or 'St p
Commissioned Name of Notary
Public)
Personally Known or ProduT-deritific t' n
Type of Identification Produced. .
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
IAM GLGC`rRIC, INC. SECOND AMENDMENT Page 2 of 5 147
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATT
CITY OF SUNNY ISILES BEACH
BY: 'A
Larisa Svechin, D4ayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Alain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
IAM ELECTRIC, INC. — SECOND AMENDMENT Page 3 of 5 148
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment A
1AM ELECTRIC, INC. —SECOND AMENDMENT Page 4 of 5 149
O' t,µNY Isra
` FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
• SUNNY ISLES BEACH AND LAM ELECTRIC, INC.
CONTRACT NO.2024-7420
f, C/ tuM "NO♦
THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY
ISLES BEACH ("City") and IA.M ELECTRIC, INC., a corporation authorized to do business
in the State 9f U rida, w os Federal Identification Number is 83-2450520 ("Contractor"),
executed this day of 91 L- , 2024, is made apart of the original Agreement between
the City and Contractor, dated January 22, 2024 ("Agreement"), attached hereto as Attachment
"A" The City and Contractor hereby agree as follows:
1. THE CONTRACT DOCUMENTS. City and Contractor wish to amend Section 2. of the
Agreement, entitled "The Contract Documents" to include and incorporate as part of the Contract
Documents, the Contractor's amended schedule of rates for monthly Services, which is appended
hereto as Attachment "B."
2. SERVICES. City and Contractor also wish to amend Section 3 of the Agreement, entitled
"Services" to provide for monthly preventative street lighting maintenance, effective May 1, 2024,
to various locations within the limits of Sunny Isles Beach, and to provide as -needed electrical
services. Section 3 is amended as follows:
Contractor shall supply all labor, materials; tools, and equipment necessary to provide hi-
menfi#1monthly preventative street lighting maintenance ("Group F) to the locations
listed in the Contract Documents, within the limits of Sunny Isles Beach, and to provide as
-needed electrical services ("Group 2").
Except as specifically modified herein, all remaining terms and conditions of Section 3 shall
remain in full force and effect.
3. ADDITIONAL COMPENSATION. City and Contractor also wish to amend Section 5
of the Agreement, entitled "Compensation," to provide additional compensation in an amount not
to exceed One Hundred Thousand Dollars and No Cents ($100,000.00). The additional
compensation provided herein will bring the total Agreement not to exceed amount to Two
Hundred Twenty Thousand Dollars and No Cents ($220,000.00).
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, dated January 22, 2024,
shall remain in full force and effect.
5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements, or provisions contained in any other
document or attachment, including but not limited to Attachments "A" and "B."
[SIGNATURE PAGE TO FOLLOW]
TAM ELECTRIC, INC. —FIRST AMENDMENT Pagel of 5 441
150.
I
City of Sunny Isles Beacio 1807OCollins Avenue; Sunny Isles JiBeach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
INVITNES'
S WHEREOF, the parties hereto have executed this First Amendment as of
the date
Mentidnqd-abbije.
1AM ELECTRIC, INC.
BY:.
Igna6io. AguileXa, President
STATE *0'F`
FLOPOA:
COUNTY 0'1'V*
'MIA-M-DADE:
sical re
The bri$��Iog in acknowledge before me by means- of physical, instrument was ack
p sence or
online n6WZAtion- -A' '202 by Ignacio Aguilera3as President of IAM
)this
M�day of 4,
Electric, bio:
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NotprVPybile (Signature of Notary Public} - State of AdMa.
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[ADjDIrfjON, SIGNATURE PAGE TO FOLLOW] AL 0
1AM w.R-TRIC INO VIRST AMENDMERT 151
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
.(305) 947-0606 phone (305) 949-3113 Fax
A
ATZ
M: v
CITY OF SUM ISLES BEACH
Larisa 'gvechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: "11
M2
ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
JAM ELECTRIC, INC. — FIRST AMENDMENT Page 3 of 5 443
152
AGREEMENT BETWEEN THE CITY OF SUNNY
ISLES BEACH AND IAM ELECTRIC INC.
f`•"°+°~ CONTRACT NO.2024-7420
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, thisay of January, 2024, by arid between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and IAM ELECTRIC, INC., a corporation
authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose
Federal I.D. # is 83-2450520.
RECITALS
WHEREAS, the City is in need of contractors to supply all labor, materials, tools, and
equipment necessary to provide bi-monthly preventative street lighting maintenance to various
locations within the limits of Sunny Isles Beach, and to provide as -needed electrical services
("Services"); and
WHEREAS, the City issued an Invitation to Bid, ITB No. 23-11-01, entitled "Street
Lighting Preventative Maintenance & As Needed Electrical Services," a copy of which is attached
hereto as Attachment "A" and incorporated herein by reference; and
WHEREAS, upon evaluation, Contractor was determined to have submitted the lowest
responsible and responsive bid, and was selected as the primary Contractor; and
WHEREAS, Contractor is a certified and insured entity with the necessary experience to
provide the desired Services; and
WHEREAS, the Contractor has agreed to provide the Services, as more particularly
described in the Contract Documents; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services
as more particularly described in the Contract Documents and as defined herein for One Hundred
Twenty Thousand Dollars and No Cents ($120,000.00);
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
named, the parties agree as follows:
TERMS
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference..
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
as well as the terms and conditions of ITB No. 23-11-01, entitled "Street Lighting Preventative
Maintenance & As -Needed Electrical Services, and Contractor's response thereto which are
specifically incorporated herein as Attachments "A' and `B" respectively (referred to collectively
as "Contract Documents").
3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions
set forth in the Contract Documents, including but not limited to, those Services included in the
Scope of Work for "Group I and Group 2" ("Services"), as more specifically set forth in
LAM Elecicic, Inc.
271
444
153
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A." Contractor shall supply all labor, materials, tools, and equipment necessary to
provide bi-monthly preventative street lighting maintenance ("Group 1") to the locations listed in
the Contract Documents, within the limits of Sunny Isles Beach, and to provide as -needed
electrical services ("Group 2").
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor
agrees to furnish all labor and material in a good and workmanlike and professional manner' to
perform Services. Contractor agrees to have a qualified representative to audit and inspect the
Services provided on a regular basis to ensure all Services are being performed in accordance with
the City's needs and pursuant to the terms of this Agreement and shall report to the City
accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any
problems that could cause damage to the City's property, improvements and persons. Contractor
.will require its employees to perform their work in a manner befitting the type and scope of work
to be performed. In the event that the Contractor fails to complete the Services pursuant to the
terms of this contract and City must undertake the completion of performance of Services,
Contractor agrees to indemnify the City for all costs incurred with respect to the completion of
those Services and any damages the City may suffer as a result of the Contractor's Whim to
perform the Services.
4. TERM: Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall be for an initial three (3) year term, commencing
February 1, 2024. Prio to, or upon completion of the initial term, the City has the option, at its sole
discretion, to renew this Agreement for one (1) additional two (2) year period.
The terms of Sections 18 and 20 entitled "Indemnification and Waiver of Liability," and
"Compliance with Law," respectively, shall survive termination of this Agreement.
5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered,
the City shall pay Contractor for Services performed under this Agreement, in a total amount not
to exceed One Hundred Twenty Thousand Dollars and No Cents ($120,000.00). Payment to
Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract
Documents, under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
b. Payment Schedule. invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Payment will be
made by the City in accordance with the Invoicing provisions contained in ITB No.
23-11-01, attached hereto as Attachment "A." If services have been rendered in
conformity with the Agreement, the invoice will be sent to the Finance Department
for payment. Invoices must reference the contract number assigned hereto.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City
LAM Electric, Inc 2 272
445
154
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to Contractor.
d. Final invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed, any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an- employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible for
any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
transportation, office and other supplies as. it deternunes necessary in carrying out its duties under
this Agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work beingperformed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents or employees, as indicated below:
a. Comprehensive General Liability Insurance. General Liability for Bodily Injury &
Property Damage with limits of $1,000,000 per occurrence and $2,000,000 annual
aggregate on a primary and non-contributory basis, including the City of Sunny Isles Beach
as Additional Insured, with a Waiver of Subrogation to the City and a Hold Harmless
Agreement. Coverage must be offered in a form no more restrictive than the latest edition
of the Comprehensive General Liability policy, without restrictive endorsements, as filed
by the Insurance Services Office, and shall specifically include the following with
minimum limits not less than those required for Bodily Injury Liability and Property
Damage Liability:
• Premises and Operation;
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Independent Contractors;
Products and/or Completed Operations Hazard;
Broad Form Property Damage;
o Broad Form Contractual Coverage applicable to this specific Contract,
including any hold harmless and/or indemnification agreement.
o Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
$3,000,000 Umbrella/Excess Liability over and above and following the above mentioned
General Liability & Commercial Automobile Liabilities.
b. Business Automobile Liability. Business Automobile .Liability with minimum limits of
One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be afforded on a form no
more restrictive than the latest edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office, and must include:
• Owned Vehicles;
• Hired and Non -Owned Vehicles;
• Employers' Non -City ship.
Before starting the Services, Contractor will file and make sure that all certificates of
insurance required by this document and by the Contract Documents are in the City's
possession. These certificates shall contain a provision that the coverage afforded under
the policies will not be canceled or materially changed until at least thirty (30) days prior
written notice has been given to the City by certified mail. The City shall be named as an
additional insured on the above -referenced policies.
Contractor agrees that if any part of the Services under the Contract is sublet, they will
require the Sub-Contractor(s) to carry insurance as required, and that they will require the
Sub -Contractors) to furnish to them insurance certificates similar to those required by the
City in this section.
C. Worker's Compensation Insurance. Worker's Compensation Insurance for statutory
obligations imposed by Worker's Compensation or Occupational Disease Laws, including,
where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal
Employers' Liability Act and the Homes Act, and Workers' Compensation in accordance
with Florida Statute, including Employer's Liability of $1,000,000. Contractor agrees to
be responsible for the employment, conduct and control of its employees and for any injury
sustained by such employees in the course of their employment
d. Professional Liability Insurance. If required for a specific project, the Contractor must be
able to furnish a Professional Liability Insurance coverage for negligent acts, errors, and
omissions in the amount of one million dollars ($1,000,000), with a minimum coverage of
one mullion dollars ($1,000,000) per, occurrence and one million dollars ($1,000,000)
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aggregate. The Professional Liability policy/coverage shall be amended, if necessary, to
include the following:
• Description on the declaration describing the scope of your professional services and
shall include all aspects of the services performed under this Agreement, including
negligent acts, errors or omissions arising out of your operations or any qualified sub -
consultants and sub -tier consultants for whom you are legally liable.
• Deletion of any exclusions pertaining to design/build liability.
• Coverage shall apply for one (1) year after the Project is complete.
e. Cancellation and Re -Insurance. It shall be the responsibility of the bidder and insurer to
notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material
modification of any insurance policies insuring the Proposers, which relate to the activities
of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing,
and shall be submitted to the City finance support service director thirty (30) days prior to
cancellation of such policies. This requirement shall be reflected on the certificate of
insurance. Failure to fully and satisfactorily comply with the City's insurance and bonding
requirements set forth herein will authorize the City Manager to implement a rescission of
the Bid award without further City Commission action.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or
self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor. shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for contractual
liability, with the City named as additional insured. All policies shall contain a waiver of
subrogation endorsement. All policies and certificates shall be in forms and issued by insurance
companies acceptable to the City Manager or his designee. All insurance policies and certificates
of insurance shall provide that the policies may not be canceled or altered without thirty (30) days
prior written notice to the City. Contractor shall also require and ensure that each of its sub -
Contractors providing services hereunder (if any) procures and maintains, until the completion of
the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO
THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
8. WARRANTY OF SERVICES.
It is intended by the Parties that the City obtain the most expansive warranty services available
in the Contract Documents. Unless otherwise provided in Attachments "A' and "B," the
Contractor's Warranty of Services shall be as follows:
8.1 The Contractor shall warrant the labor performed for a minimum period of one (1)
year from the date the Services are complete. This warranty shall be'in addition to
Whatever rights the City may have under state or federal law. The Contractor's
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obligation under this warranty shall be at its own cost and expense, to promptly
repair or replace (including cost of removal and installation), 'that item (or part or
component thereof) which proves defective or fails to comply with the Agreement
within the warranty period such that it complies with the Agreement.
8.2' Contractor warrants to the City that all materials and equipment furnished under
this Agreement will be new unless otherwise specified and will be of good
quality, free from faults and defects and in conformance with the Agreement. All
equipment and materials not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective.
If required by City or its designee, Contractor shall furnish satisfactory evidence
as to the kind and quality of materials and equipment. This warranty is not limited
by any other provisions within this Agreement.
8.3 Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties expressed and/or implied, shall be given to the City for all material
and equipment covered by this Agreement. All material and equipment furnished
shall be fully guaranteed by the Contractor against factory defects and
workmanship. At no expense to the City, the Contractor shall correct any and all
apparent and latent defects that are required under state or federal law.
9. DEFECTIVE WORK.
9.1 The City or its designee shall have the authority -to reject or disapprove work
which is found to be defective. I£ defective work is found, Contractor shall
promptly either correct all defective work or, remove such defective work and
replace it with non -defective work. Contractor shall bear all direct and indirect
costs of such removal or corrections including cost of testing laboratories and
personnel.
9.2 Should Contractor fail or refuse to remove or correct any defective work or to make
any necessary repairs in accordance with the requirements of this Agreement
within the time indicated in writing by the City Manager or its designee, the City
shall have the authority to cause the defective work to be removed or corrected, or
make such repairs as may be necessary at Contractor's expense. Any expense
incurred by the City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of
failure of Contractor to make all necessary repairs promptly and fully, which is not
cured in the cure period, the City may declare Contractor in default.
9.3 If, within one (1) year after the date of completion of Services or such longer
period of .time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provisions) of
this Agreement, any of the work is found to be defective or not in accordance with
this Agreement, Contractor, after receipt of written notice from the City or its designee,
shall promptly correct such defective or nonconforming work within the time specified
by the City without cost to the City. Nothing contained herein shall be construed to
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establish a period of limitation with respect to any other obligation which
Contractor might have under this Agreement including but not limited to any claim
regarding latent defects.
9.4 Failure to reject any defective work'or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
9.5 Where the City or its designee becomes aware of faults, defects or non -conformity
in any of the work provided under this Agreement or with the work being
performed by the Contractor, the City or its designee shall issue a Notice to Cure
to the Contractor for correction. In no event shall the failure of the City or its
designee to bring to the attention of the Contractor of such faults act as a waiver or
release the Contractor from responsibility or liability for such fault, defect or non-
conforming work.
10. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an
amount equal to the actual cost of a third party to cure such failure. If Contractor
fails, refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
1. In. the, event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. The terms of Paragraph l0A(1)
and 10A(2) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
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voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which the
Agreement expires or terminates for any reason whatsoever, disclose to any person or entity, other
than in the discharge of the duties of the Contractor under this Agreement, any information which
the City designates in writing as "confidential." As a violation by the Contractor of the provisions
of this Section could cause irreparable injury to the City and there is no adequate remedy at law
for such violation, the City shall have the right, in addition to any other remedies available to it at
law or in equity, to enjoin the Contractor from violating such provisions.
12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHERPARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
13. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by electronic mail (e-mail) (with a copy simultaneously sent by certified or registered mail,
first class postage prepaid, returnreceipt requested or by overnight delivery by traditionally
recognized courier service), addressed to such party as follows:
If to the City: . Stan Morns
With a copy to:
City Manager
City Attomey
City of Sunny Isles Beach -
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1776
Tel: (305) 792-1766
smorris@aibfl.net
I aboileau n law.com
If to the Ignacio Aguilera, President
Contractor: 10775 SW 52 Terrace
Miami, Florida 33157
Telephone, 786 760-2668
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14. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform the
service.
B. Upon request from the City, Contractor shall provide the City with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise
provided by law.
C. Contractor shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the City.
D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public
records in possession of the Contractor or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to the City
upon completion of the contract, the Contractor shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements.
If the Contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided by Contractor to the City, upon request from the
City, in a format that is compatible with the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 411
Floor, Sunny Isles Beach, Florida 33160.
15. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
16. NON DISCRUMNATION. 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 VIH of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will
not discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, gender, disability or other handicap, age, marital/familial
status, or status with regard to public assistance.
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The Contractor will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay or other forms of compensation, and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
17. CONFLICT OF INTEREST. The Contractor agrees to. adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
My set forth herein, in connection with the Agreement conditions hereunder. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of Services under this
Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be, employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
18, INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by
the professional negligence, error or omission of the Contractor or persons employed or utilized
by the Contractor in performance of Services under this Agreement.
Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
directors, officials and employees from and against any and all causes of action, demands, claims,
losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
including those of their employees, agents, servants, or officers, or accruing, resulting from, or
directly related to the subject matter of this Agreement including, without limitation, any and all
claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property, In the event any lawsuit
or other proceeding is brought against City by reason of any such claim, cause of action or demand,
Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration• or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Contractor for the indemnification set forth in this Agreement.
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19. 'LIQUIDATED DAMAGES. Failure to complete all the work within the time specified
above, including any extension granted in writing by the City, shall obligate the Contractor to pay
the City, as liquidated damages and not as a penalty, a minimum amount equal to One Hundred
Dollars ($100) for each calendar day of delay in the completion of all the work. The liquidated
damages will be defined per project. If any liquidated damages are unpaid by the Contractor, the
City shall be entitled to deduct. these unpaid liquidated damages from the monies due the
Contractor.
20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
21. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Attachments "A" and "B"
22. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
for goods or services if at the time of bidding, submitting a proposal for, or entering into or
renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
engaged in the boycott of Israel. Contractors must certify that the company'is not participating in
a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more
shall be terminated at the City's option if it is discovered that the company submitted a false
certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1,
2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "C." Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
the false certification. The Contractor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Contractor does
not demonstrate that the City's determination of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 287.135.
23. &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
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system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a
subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In
accordance with Florida Statute 448,095, Contractor is required to verify employee eligibility
using the E-Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Contractor to ensure compliance with E-Verify
requirements (as applicable). To enroll in E-Verify, employers should visit the E Verify website
(https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions.. The
Contractor must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit,
attached hereto as Attachment "D."
24. BACKGROUND CHECKS. Prior to performing work in the City pursuant to the
Agreement, Contractor, and managers, employees, independent contractors, and any
subcontractors of Contractor (collectively "Personnel") that will perform work under this
Agreement shall be required to undergo a criminal background check consisting of a Florida
Department of Law Enforcement C FDLE") and Florida Crime Information Center/National Crime
Information Center CTCIC/NCIC") criminal records check. Any Personnel not meeting this
requirement will not be permitted to perform work under this Agreement. The background check
will be performed by the City's Human Resources Department, at the Contractor's sole expense.
Failure of Contractor to comply with this provision, shall be cause for termination of the
Agreement.
25. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. . This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
[SIGNATURE PAGE TO FOLLOW]
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I
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Qp r;/'Srurar Isles (Terre(► (' 11t071) 11 ' , e lots Avt.ltu(., Sunny Isles (Zl.ttch, Florida 33160
(305) 947-0606 phoau (30:5) 949-31-13 f-ax
IN WI'l'NI:Sti WHERROV, the parties hereto have executed this Agreement in duplicate
on the (Illy and Yeitl' 1l1'st 1y1'lttell itboNC.
WITNESS:
Signature
_ �c. AC4
Print Name
STATE OF FLORIDA:
COUNTY OF IvIIAM1-DADE:
IAM ELECTRIC, INC.
Ignacio Agulhxa, President
The foregoing instrument was acknowledged before me by means of L� physical presence or O
online notarization, this 01,* day of January, 2024, by Ignacio Aguilera, as President of [AM
Electric, Inc,
(SEAL)
otary Public, State of Florida
(Signature of Notary Public)
JMMME 140LLOWAY
%NotaryPublic
State of Florida
Cammil HH299769
-C 6 Expires!/11/2026
Personally Known _ or Produced Identification _/
Type of Identification Produced: 4L DL. ?re')
1AM lilectric, Inc
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOWI
13
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
CITY OF S LES BEACH
c
By:
Be cur, City Clerk Larisa Sve6hin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
A411Aa
By:
A ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
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Attachment B
IAM ELECTRIC, INC. — THIRD AMENDMENT
Page 5 of 5
167
QUOTE
1AM ELEC rRIC INC
�4
�J: L
ilk
Electric ,.INC,
FOR
City Of Sunny Isles Beach Quote No.: 171
18070 Collins Avenue Issue d , ate: 219/2025
Sunny Isles Beach FL 33160 Valid until 3/1212025
United States
A Trr UNIT PRICE t
phase 3 underground project 1 58,908.00 58,908.00
Scope of work
41.111 underground conduits and conductors from the existing or new pull boxes to the transformers
in 6 different locations
-LABOR AND EQUIPMENT
-50OLF trenching x 5S=25005
-30OLF directional bore x 12$=3600$
-3201-1 NI/E x 48$= 13760$
-960H E/H x 30$ =288005
. 18H 13-7 x 365=6485
iMATERIALS
-32001-F al ,,iire 4i0 TFIWN x '$= 9600S
NOTE
-This quote don't include permits or inspections
-This quote is Just assuming the city is providing the PVC conduits and pull boxes
TOTAL(USD):
$58,908.00
168
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Exhibit B
IAM ELECTRIC, INC. — FOURTH AMENDMENT Page 5 of 5
QUOTE
IAM ELECTRIC INC
4775 S'd`l 152 TERH,4 57
Miami FL 33157
United States
04EI,lectricINC. gnaucsamelectricinctcyahoo, corn
FOR
City Of Sunny Isles Beach Quote No.: 213
18070 Collins Avenue Issue date: 1212212025
Sunny Isles Beach Florida 33160 Valid until 1/22/2026
United States
heritage park parking lot lights replacement 1 74,999.00 74,999.00
Labor and equipment
800H LIE x 43$=34400%
265H E/H x 3 x 25$=19875S
154H B/T x 36S=5544S
Materials
(230) 4 feet LED lamps x 60S+10%=15130S
TOTAL (USD): $74,999.00
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: February 19, 2026
RE: Approval of a Fourth Amendment to the Agreement with IAM Electric, Inc.
for Additional Compensation
RECOMMENDATION:
Staff recommends approval of this resolution.
REASONS:
Through Commission approved R2025-3797, the City approved a second amendment to the agreement
with IAM Electric for Street Lighting Maintenance and General Electrical Maintenance Services in an
amount not -to -exceed a total of $657,000.
The City has been satisfied with their work and continues to use them for special projects as needed.
The City wishes to increase the current agreement by $175,000.00 bringing the total not -to -exceed
amount to $832,000.00. These funds are necessary to move forward with the replacement lights at the
Heritage Parking garage, in the amount of $74,999 as well as to continue to utilize their services for
immediate response when needed.
ADDITIONAL INFORMATION:
The lights at the Heritage Park parking garage are the originals and are continuously failing. The scope of
work includes the removal and proper disposal of 230 existing halogen lamps, which currently consume
significantly more energy than the proposed LED lighting and require frequent replacement due to their
limited life expectancy. The intent of this project is to replace the existing lighting fixtures on all four (4)
Item Number: 9.M
814
floors of the Heritage Park Parking Garage with energy -efficient LED fixtures.
Technical & Operational Benefits Provides higher lumen output with significantly lower wattage,
resulting in brighter and more uniform lighting throughout the garage. The vapor tight and weather -
resistant design is ideal for parking structures exposed to humidity, exhaust, and environmental
elements. Overall, the proposed LED lighting upgrade will enhance visibility, safety, energy efficiency,
and long-term reliability, while reducing maintenance and operational costs for the City.
Copies of the complete contract documents, inclusive of the ITB and all exhibits, are on file with the
Office of the City Clerk and are available upon request.
FUNDING SOURCE:
001-5-5391-431003-00000 Citywide as needed services $100K
001-5 5391-446003-35000 Heritage Park Parking Lot Garage $75K
ATTACHMENTS:
Resolution
Fourth Amendment - IAM Electric
Item Number: 9.M
815