HomeMy WebLinkAboutReso 2026-4042RESOLUTION NO. 2026 - 404Z-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH
GOODYEAR TIRE & RUBBER COMPANY AS THE PRIMARY AWARDEE TO
PROVIDE FLEET MAINTENANCE AND REPAIR SERVICES TO GROUP 1 VEHICLES,
IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS
AND NO CENTS ($150,000.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 15th, 2024, via Resolution No. 2024-3693, the City Commission of
the City of Sunny Isles Beach (the "City") approved a one (1) year Agreement with Goodyear
Tire & Rubber Company (the "Vendor") to provide fleet maintenance and repair services to the
City's Group 1 vehicles (the "Services"), in an amount not to exceed $157,500.00; and
WHEREAS, the Agreement includes two (2) one (1) year renewal options; and
WHEREAS, on July 17, 2025, via Resolution No. 2025-3856, the City Commission
approved a First Amendment to the Agreement with the Vendor exercising the first of two (2)
renewal options, in a total amount not to exceed $114,000.00, and
WHEREAS, the City, being satisfied with the Services performed by the Vendor, wishes
to exercise the second and final renewal option; and
WHEREAS, the Vendor continues to be qualified, willing and able to provide the Services
to the City; and
WHEREAS, the City Commission wishes to approve a Second Amendment. to the
Agreement with the Vendor to provide the Services, in a total amount not to exceed One
Hundred Fifty Thousand Dollars and No Cents ($150,000.00), bringing the total contract amount
not to exceed Four Hundred Twenty -One Thousand Five Hundred Dollars and No Cents
($421,500.00) attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Second Amendment. The City Commission hereby approves
a Second Amendment to the Agreement with the Vendor to provide additional compensation
for the one-year renewal term, in a total amount not to exceed One Hundred Fifty Thousand
Dollars and No Cents ($150,000.00), bringing the total contract amount not to exceed Four
Hundred Twenty -One Thousand Five Hundred Dollars and No Cents ($421,500.00) attached
hereto as Exhibit W.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
R2026 Second Amend with GoodYear.doc Page 1 of 2
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
Maur�cio .Betar,
PASSED AND ADOPTED this 16th day of July, 2
Larisa Svechin, Mayor
r, CIVIC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ain E. Boileau, City Attorney
Nabors, Giblin & Nickerson, P.A.
Moved b 4 1 Seconded b nn
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Vote: /
Mayor Svechin ✓ (Yes) (No)
Vice Mayor Viscarra (Yes) (No)
Commissioner Joseph Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
R2026 Second Amend with GoodYear.doc Page 2 of 2
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THIS SECOND AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY
ISLES BEACH (hereinafter "City") and THE GOODYEAR TIRE .& RUBBER COMPANY,
whose Federal foyer Identification (FEI) No. is 34-0253240 (hereinafter "Contractor"), executed
this 6k- day o 2026, is made a part of the original Agreement between the City and Contractor,
dated August 20, 2024 (hereinafter "the Agreement"), as amended, attached hereto as Exhibit "1"The
City and Contractor hereby agree as follows:
1. OPTION TO RENEW. Effective August 20, 2026, the City hereby elects to exercise its
option to renew the Agreement for one (1) year, as set forth in Section 4 of the original Agreement.
There are no remaining renewal options.
2. ADDITIONAL COMPENSATION. City and Contractor also wish to amend Section 5
of the Agreement, entitled "Compensation," to provide additional compensation for the one (1)
year renewal term, in an amount not to exceed One Hundred Fifty Thousand Dollars and No. Cents
($150,000.00). The additional compensation provided herein will bring the total Agreement not -
to -exceed amount to Four Hundred Twenty -One Thousand Five Hundred Dollars and No Cents
($421,500.00).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions ofthe original Agreement between the parties dated August 20, 2024, 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 Exhibit "l."
5. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
for goods or services if at the time of bidding, submitting a proposal for, or entering into or
renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
engaged in the boycott of Israel. Contractors must certify that the company is not participating in
a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more
shall be terminated at the City's option if it is discovered that the company submitted a false
certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1,
2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Exhibit "2." Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Contractor of the City's determination concerning the
false certification. The Contractor shall have ninety (90) days following receipt of the notice to
THE GOODYEAR TIRE & RUBBER COMPANY — SECOND AMENDMENT Page 1 of 7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
6. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled
"Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a
nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2),
Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as Exhibit
"3," signed by an officer or an authorized representative of the Contractor, under penalty of
perjury, attesting that Contractor does not use coercion for labor or services as defined in Section
786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of
contract.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of
the date mentioned above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
THE GOODYEAR T[RE & RUBBER COMPANY — SECOND AMENDMENT Page 2 of 7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
THE GOODYEAR TIRE & RUBBER
COMPANY
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STATE OF 6 k16
COUNTY OF
The foregoing instrument was acknowledged before me by means ON presence or O
online notarization, this _ day of�6, byT.Vxr7-1 C-it and
Authorized Agent of The Goodyear ubber y. `'`C��� "`'�4`'`°
(SEAL)
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Personally Know or Produced Identification
Type of Identificati n Produced:
Notart Publik State of-Fiorlt a Ot- O
(Signatur otary Public)
'�k 1�, e'�..n\ � V-
(Print, Typ , or Stamp
Commissioned Name of Notary
Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
THE GOODYEAR TIRE & RUBBER COMPANY — SECOND AMENDMENT Page 3 of 7
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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CMC City Clerk
CITY OF S ISLES BEACH,
FLORIDA
BY: `a
Lansa Svechin,
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
AainE.eau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
THE GOODYEAR TIRE & RUBBER COMPANY — SECOND AMENDMENT Page 4 of 7 175
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT 1
THE GOODYEAR TIRE & RUBBER COMPANY — SECOND AMENDMENT Page 5 of 7 176
Gt Suf1$ Y ItIFe
FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY
ISLES BEACH AND THE GOODYEAR TIRE & RUBBER COMPANY
yfC t.FL00.,CONTRACT NO. 2024-719
N
f• o! SUN
THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY
ISLES BEACH (hereinafter "City") and THE GOODYEAR TIRE & RUBBER COMPANY,
whose Federal Employer Identification (FEI) No. is 34-0253240 (hereinafter "Contractor"), executed
this j S day of July 2025, is made a part of the original Agreement between the City and Contractor,
dated August 20, 2024 (hereinafter "the Agreement"), attached hereto as Exhibit "l ." The City and
Contractor hereby agree as follows:
1. OPTION TO RENEW. Effective August 20, 2025, the City hereby elects to exercise its
option to renew the Agreement for one (1) year, as set forth in Section 4 of the original Agreement.
There is one remaining one (1) year renewal option.
2. ADDITIONAL COMPENSATION. City and Contractor also wish to amend Section 5
of the Agreement, entitled "Compensation," to provide additional compensation for the one (1)
year renewal term, in an amount not to exceed One Hundred Fourteen Thousand Dollars and No
Cents ($114,000.00). The additional compensation provided herein will bring the total Agreement
not -to -exceed amount to Two Hundred Seventy -One Thousand Five Hundred Dollars and No
Cents ($271,500.00).
3. INSURANCE. City and Contractor also wish to amend Section 7 of the Agreement,
entitled "Insurance," as follows:
E. Umbrella Liability policy of not less than Fite One Million Dollars ($51,000,000)
per occurrence.
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties dated August 20, 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 Exhibit "l."
6. 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.
THE GOODYEAR TIRE & RUBBER COMPANY — FIRST AMENDMENT Page 1 of 7
177
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Exhibit "2." Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Contractor of the City's determination concerning the
false certification. The Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination was in error. If the Contractor does not
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.
7. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled
"Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a
nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2),
Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as Exhibit
"3," signed by an officer or an authorized representative of the Contractor, under penalty of
perjury, attesting that Contractor does not use coercion for labor or services as defined in Section
786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of
contract.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the
date mentioned above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
THE GOODYEAR TIRE & RUBBER COMPANY — FIRST AMENDMENT Page 2 of 7
178
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
THE GOODYEAR TIRE & RUBBER
COMTANY
BY:A,
n/
Daniel T. Young, 9prpopte Secretary
and Authorized Agent
STATE OF Ohio
COUNTY OF Summit
The foregoing instrument was acknowledged before me by means of ®' physical presence or ❑
online notarization, this 11 day of August 2025, by Daniel T. Young, as Corporate Secretary and
Authorized Agent of The Goodyear Tire & Rubber Company.
(SEAL)
nr C
Notary Public, S e of Ohio
(Signature of Notary Public)
STACEY Ll.Illllr
Notary Public, SW of Ohio
my COnda►0�@S Stacey L. Like
March '!3, 20
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
Personally Known V or Produced Identification
Type of Identification Produced: Passport
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
THE GOODYEAR TIRE & RUBBER COMPANY — FIRST AMENDMENT Page 3 of 7
179
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATTlW cT-
CITY OF SUNNY ISLES BEACH,
FLORIDA
BY: Q6A
Larisa Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Klain E. Boileau, for Nabors, Giblin
& Nickerson; P.A., City Attorney
THE GOODYEAR TIRE & RUBBER COMPANY — FIRST AMENDMENT Page 4 of 7
180
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT 1
THE GOODYEAR TIRE & RUBBER COMPANY — FIRST AMENDMENT
Page 5 of 7
181
SJNNY .Jt
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND THE GOODYEAR TIRE & RUBBER COMPANY
CONTRACT NO.2024-719
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this '7A day of August, 2024, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and THE GOODYEAR TIRE & RUBBER
COMPANY, a corporation authorized to do business in the State of Florida, whose Federal
Employer Identification (FEI) No. is 34-0253240 (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, the City is in need of a primary contractor to provide maintenance and repair
services to City owned vehicles and trucks; up to 1 I/2 ton (Group 1 vehicles) ("Services"), as more
particularly described in Invitation to Bid No. 22-08-01, attached hereto as Attachment "A" and
made part hereof; and
WHEREAS, the City advertised Invitation to Bid No. 22-08-01 and the Contractor
submitted a bid in response thereto, attached hereto as Attachment `B" and made a part hereof;
and
WHEREAS, City and Contractor entered into an Agreement on September 23, 2022, for
an initial 2 year term, in an amount not to exceed ($180,000.00), with options to renew for an
additional three (3) one-year renewal periods; and
WHEREAS, City has been informed by Contractor that the Agreement of September 23,
2022 is ultra vices, and a new Agreement must be executed; and
WHEREAS, the Contractor continues to be qualified, willing and able to provide the
Services on the terms and conditions set forth herein; and
WHEREAS, the City wishes to enter into a new Agreement with Contractor to provide
the desired Services as more particularly described in Attachments "A" and "B," for a total amount
not to exceed One Hundred Fifty -Seven Thousand Five Hundred Dollars and No Cents
($157,500.00);
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
stated, 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 Invitation to Bid No. 22-08-01, which are specifically
incorporated herein and made a part hereof as Attachment "A," as well as Contractor's response
thereto, attached and incorporated herein 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:
THE GOODYEAR TIRE & RUBBER COMPANY
`W
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
A. First, this Agreement Between the City of Sunny Isles Beach and The Goodyear
Tire & Rubber Company, Contract No. 2024-719.
B. Second, the terms and conditions of Invitation to Bid No. 22-08-01, appended as
Attachment "A"
C. Third, Contractor's response to Invitation to Bid No. 22-08-01, appended as
Attachment `B."
3. SERVICES. Contractor shall provide Services to the City as the primary Contractor for
Group I vehicles (cars and trucks up to 1 %z ton), pursuant to this Agreement as well as all terms
and conditions set forth in Invitation to Bid No. 22-08-01, and Contractor's response thereto, which
are attached hereto as Attachments "A" and "B," respectively, and made a part hereof. Contractor
acknowledges and agrees that in the event Contractor is unable to provide Services for Group 1
vehicles, the City has the right to seek the Services from its secondary contractor.
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 and subcontractors to perform their work in a manner befitting the type
and scope of work to be performed. In the event that the Contractor fails to complete the Services
pursuant to the terms of this contract and City must undertake the completion of performance of
Services, Contractor agrees to indemnify the City for all costs incurred with respect to the
completion of those Services and any damages the City may suffer as a result of the Contractor's
failure to perform the Services.
4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall commence upon full execution of the Agreement
and shall continue for one (1) year thereafter. Prior to, or upon completion of the foregoing one
(1) year term, the City shall have the option to renew this Agreement for an additional two (2) one-
year renewal terms.
Payment will be made only for work completed to the satisfaction of the City. The terms of
Sections' 13 and 16 entitled "Indemnification and Waiver of Liability," and "Compliance with
Law," respectively, shall survive termination of this Agreement. Any and all terms with respect
to warranties, including Sections 8 and 9, herein entitled "Warranty of Services" and "Defective
Work," respectively, and those specifically provided for in the Contract Documents shall also
survive termination of this Agreement.
5. COMPENSATION. During the term of this Agreement the City shall pay Contractor for
Services performed under this Agreement, in a total amount not to exceed One Hundred Fifty
Seven Thousand Five Hundred.Dollars and No Cents ($157,500.00). Payment to Contractor for all
charges and tasks under this Agreement shall be in accordance with the Contract Documents, under
the following conditions:
THE GOODYEAR TIRE & RUBBER COMPANY
183
City of Sunny .isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0.606 phone (305) 949-3113 Fax
A. Disbursements. There are no reimbursable expenses associated with this contract
B. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Invoices must
reference the contract number assigned hereto. Invoices will be paid in accordance
with the State, of Florida Prompt Payment Act. The City will pay properly
submitted Contractor invoices following each monthly period within 30 (thirty)
days of receipt, for completed and accepted deliveries or specified services and/or
goods, unless the City notifies the Contractor in writing of the dispute, before the
payment is due.
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
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 creditor
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 detennines necessary in carrying out its duties under
this Agreement.
THE GOODYEAR TIRE & RUBBER COMPANY 3
184
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, self -insure or procure and maintain the following
minimum insurance coverage to protect the City and Consultant against all loss, claims, damage
and liabilities caused by Contractor, its agents or employees, as indicated below:
A. Comprehensive General liability insurance, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the
aggregate, with the following coverage details.
1. Premises and Operation
2. Broad Form Property Damages
3. Broad Form Contractual Coverage applicable to this specific Contract,
including any hold harmless and/or indemnification agreement.
4. 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.
5. Waiver of Subrogation on behalf of the city.
6. The City of Sunny Isles Beach named as Additional Insured
7. Coverage to be provided on a Non-contributory and Primary format
B. Garage keeper's Legal Liability with minimum limits of not less than One Million
Dollars ($1,000,000) per occurrence.
1. Waiver of Subrogation on behalf of the city.
2. The City of Sunny Isles Beach named as Additional Insured.
3. Coverage to be provided on a Non-contributory and Primary format.
C. Worker's Compensation and employer's liability coverage, as required pursuant to
Florida law including $1,000,000 Employers' Liability form and Waiver of
Subrogation on behalf of the City of Sunny Isles Beach.
D. Primary Business Automobile Liability with a minimum limit of Liability of
$1,000,000 with the following coverage details:
1. Owned Vehicles.
2. 14 red and Non -Owned Vehicles.
3. Employers Non -Ownership
4. Waiver of Subrogation on Behalf of the city.
5. The City of Sunny Isles Beach named as Additional Insured. s
6. Coverage to be provided on a Non-contributory and Primary format.
E. Umbrella Liability policy of not less than Five Million Dollars ($5,000,000) per
occurrence.
Cancellation and Re -Insurance. If any insurance should be canceled or materially changed by the
insurance company or should any insurance expire during the period of this contract, the
Contractor shall be responsible for securing other acceptable insurance for the coverage specified
THE GOODYEAR TIRE & RUBBER COMPANY 4
185
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
in this section in order to maintain coverage during the life of this Contract. All deductibles must
be declared by the Contractor and must be approved by the City.
Such policies o£insurance shall not diminish Contractors indemnification obligations -hereunder.
The insurance policy shall be issued by such company, in such forms and with such limits of
liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any
insurance, which the City may maintain. Before any work under this Agreement is performed, d
and to the extent not self -insured, at any time upon request, Contractor shall furnish to the City
certificates of insurance evidencing the minimum required coverage and appropriately endorsed
for contractual liability with the City named as an 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. The policies may not be
canceled or. materially altered without thirty (30) calendar day's prior written notice to the City
Manager or his designee by certified mail. .
The Contractor agrees that if any part of the Services under the Agreement is subcontracted,
Contractor will require.the Sub-vendor(s) to carry insurance as required, and that they will require
the Sub-vendor(s) to furnish to thenl insurance certificates similar to those required by the City in
this section. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
8. WARRANTY OF SERVICES.
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
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
subAitutions 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 Any warranty required or received from a subcontractor, manufacturer, or supplier
is herein assigned and provided by the Contractor to the City effective immediately
upon completion of Services. 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.
THE GOODYEAR TIRE & RUBBER COMPANY a
`U-1.1
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
9. DEFECTIVE WORK.
9.1 The,City'or its designee shall have the authority to reject or disapprove work
which is,found to be defective. If defective work is found, Contractor shall
promptly either correct all defective work or remove such defective work and
replace it:with non -defective work. Contractor shall bear all direct and indirect
costs of such removal or corrections including cost of testing laboratories and
personnel.
9.2 Should Contractor fail or refuse to remove or correct any defective work or to make
any necessary repairs in accordance with the requirements of this Agreement
within the time indicated in writing by the City Manager or• its designee, the City
shall have the authority to cause the defective work to be removed or corrected, or
make such repairs as may be necessary at Contractor's expense. Any expense
incurred by the City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of
failure of Contractor to make all necessary repairs promptly and fully, which is not
cured in the cure period, the City may declare Contractor in default.
9.3 If, within one (1) year after the date of completion of Services or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision(s) of
this Agreement, any of the work is found to be defective or not in accordance with
this Agreement, Contractor, after receipt ofwritten 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 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. TER TINATION 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
THE GOODYEAR TIRE & RUBBER COMPANY 6
187
City of SunnyIsles 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 (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 oftermiriation, all finished and unfinished documents, data and other
work product prepared by Contractor shall be delivered to the City and the City
shall compensate the Contractor for all Services satisfactorily performed prior
to the date of termination.
2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination,for Convenience of City The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. The terms of Paragraph 10A(1)
and A(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
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 this
Agreement shall terminate 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, lh 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 EIeventh 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
THE GOODYEARTIRE & RUBBER COMPANY 7
188
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign 'immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
13. 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, including any subcontractors.
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, subcontractors, 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.
14. ASSIGNMENTS, TRANSFERS, ' SUBCONTRACTING. The Contractor shall not
subcontract, assign or transfer any work under this agreement with the prior written consent of the
City. Should the Contractor subcontract any Services under this Agreement, it shall be done with
continued liability for the Contractor. The Contractor shall remain responsible for Services,
responsibilities and liabilities of any person or entity acting under Contractor.
15. FEDERAL AND STATE MANUFACTURING AND SAFETY STANDARDS It is
intended that the Contractor be in in full and complete compliance with all Federal and Florida
State laws and regulations that apply to tires and other related services. This includes, but not
Iimited to, U.S. Department of Transportation, FDOT, NHTSA, Federal MVSS, OSHA and EPA
standards. The Contractor shall notify. the City in writing of items and procedures not in
compliance with such standards and shall immediately make correction therebf to comply.
16. 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,
THE GOODYEAR TIRE & RUBBER COMPANY 8
189
City. of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305).949-3113 Fax
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
17. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by electronic mail (e-mail) (with a copy simultaneously sent by certified or registered mail,
first class postage prepaid, return receipt requested or by overnight delivery by traditionally
recognized courier service), addressed to such party as follows:
If to the City:
Stan Morris
With a copy to:
City Manager
City Attorney
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor :.
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1776
Tel: (305) 792-1766
smorris sibfl.iiet
vvicente n law.com .
If to the
Brian Dougherty, Channel Manager
Contractor:
Government Sales
200 Innovation Way
Akron, OH 44316
Tel: (330) 796-42.70 .
Brian. doughertv<@aoodvear.com
18. 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. Ifthe 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
THE GOODYEAR TIRE & RUBBER COMPANY 9
`REI
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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, FLOP-IDA 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, 4"
Floor, Sunny Isles Beach, Florida 33160.
19. 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.
20. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not
discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, gender, disability or other handicap, age, marital/familial
status, or status with regard to public assistance.
The Contractor will take affirmative action to ensure 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.
21. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of Services under this
Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
THE GOODYEAR TIRE & RUBBER COMPANY 10
191
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 Consultant enters into a contract with a
subcontractor, the subcontractor must provide the Consultant 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, Consultant is required to verify employee eligibility
using the E-Verify system for all existing and new employees hired by Consultant during the
contract term. Further, Consultant must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Consultant 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
Consultant must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit,
attached hereto as Attachment "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),
THE GOODYEAR TIRE & RUBBER COMPANY 1
192
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) ?47-0606 phone (305) 949-3113 Fax
Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as
Attachment "B," 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 ofthis 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 PAGE TO FOLLOW]
THE GOODYEAR TIRE & RUBBER COMPANY 12
193
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
THE GOODYEAR TIRE.& RUBBER
COMPANY
Renee Radabaugh, Vice-Presid t,
Channels and Categories North
America Consumer
STATE OF Q� I-D
COUNTY OF 5'c�rh ,
The foregoing instrument was acknowledged before me by means of Elphysical presence or Elonline notarization, this 20! `day of August 2024, by Renee Radabaugh, as Vice -President of The
Goodyear Tire & Rubber Company.
• __._...--tea' .
Notary u 'b, State of Fioridw,Cam'+U
Shelby L.Ranlar,MomeyatLaw (Signature of Notary Public)
_..�„(.�-_- � ResldantSummitCoupty
'h .. NataryPubllo, State of0140
" ; My Com tilsslon Has No Expi aflon Date
Sea 147.03RC
����F,u4�,4'� �I,w�lau �e•�.vt`t tL,�
(Print, Type, br Stamp
Commissioned Name of Notary
Public)
Personally Known or Produced Identification _
Type of Identific' Ai n Produced:
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
THE GOODYEAR TIRE & RUBBER COMPANY 13
194
City of Sunq Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATT
CITY OF SU N ISLES REACH
BY:
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY: BY:
Department Head . lain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
THE 000DYEAR TIRE & RuBBER COMPANY
14
195
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT 2
THE GOODYEAR TIRE & RUBBER COMPANY — SECOND AMENDMENT Page 6 of 7 196
OSV'ANY
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
[PURSUANT TO FLORIDA STATUTE § 287.1351
-� tico
on behalf of _
Print Name Company Name
certifies that -he 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.
Title
J� ctlo
Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT 3
THE GOODYEAR TIRE & RUBBER COMPANY — SECOND AMENDMENT Page 7 of 7 198
OSVyNY /s`��B
~ - n
V ,V
'` °• s°"'" Affidavit of Compliance with Anti -Human Trafficking
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Ft 33160
Telephone: (305) 947-0606
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of
perjury, as follows:
1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida
Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking).
2. The undersigned is authorized to execute this affidavit on behalf of Entity.
}
Date: 20 A
Entity:-4
Signed: `
Name:
Title:lQ ( 60yer1Y Men�
aca`p,R1A a�
Shelby L.Ranier, AtlomeyatLow
_ T —• ;: Resided3ummitCounly
.r.. *= NobryPub6c,8tateo1Mb
STATE OF CVio commialonttasNoEapWont;ale
Sec 147.03 RC
COUNTY OF
The foregoing instrument was acknowledged before me, by means of Whysical presence or ❑
online notarization, this day day of . 202(0, by
as Cke'.i Inc-� !4 V for
who i personally known to
me or who hAs produced/ as identification.
Notary Public Signature: State of-lodda at Large (Seal)
Print Name:���ic,vt��✓ My commission expires:�'�IYL.,.
i
Section 6
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deemed "Included at no charge:"
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Indicate the actual Posted Shop Labor Rate
$
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FLAT RATE SERVICES
No.
Description
Extended Cost
D.
Alignment of Front Axle Only (complete)
$
79.99
E.
Alignment of Front and Single Rear Axle (complete)
$
79.99
F.
Oil Change
$
25.99
(Up to 5 quarts of Oil and Oil Filter
FA.
Synthetic Oil Change
$ 49.99SyntheticSlend
(Up to 5 quarts: of Oil and Oil Filter)
59.99 Full Synthetic
G
��"„ti_.�j;_�_
: ..
•. rP�everitatige,llllalntenanceperSectlon3�Tluabove,��'�_����?p..
H.'
Minimum Diagnostic charge
$ 145.00
City of Sunny Isles Beach I Invitation to Bid No. 22-08-01
200
yry or wo FT,-
. I t:i ""',% ,
JSRC1UP:W2t'.f,RQCKS OVEk'MTON m
Preventive Maintenance per Section 3.1
A
Indicate the actual Posted Shop Labor Rate
B
Percentage Discount from the Posted Shop Labor Rate
%
Discoun ea 0 R H 6 dill V�$ ho
-9.rA
4-'
AND
7
-Porce'n-t-a'g'e',,.DistoUnt-6ff fliebx.M. /,,MSKLjft,;W,rPift'S,�,- -
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F,
FLAT RATE SERVICES
No.
Description
Extended Cost
D
Alignment of Front Axle Only (complete)
$
E
Alignment of Front and Single Rear Axle (complete)
$
F
Oil Change
$
(Up to 5 quarts of Oil and Oil Filter
F.1
Synthetic Oil Change
$
(Up to 5 quarts of Oil and Oil Filter
4,,'.Preventative Main n .0& Spct$&3,A.,above, ,j,.
H.
Minimum Diagnostic Charge
$
City of Sunny Isles Beach I Invitation to Bid No. 22-08-01
201
c, rr ar s�;yLi ��'
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: J my 16, 2026
RE: Approval of Second Amendment with Goodyear Tire & Rubber for Fleet
Maintenance and Repair Services
RECOMMENDATION:
This Item is presented for consideration by the City Commission.
REASONS:
The City is in need of a primary contractor to provide maintenance and repair services to City owned
vehicles and trucks up to 1 % ton as more particularly described in the City's Invitation to Bid No. 22-08-
01 (ITB). The City duly advertised the ITB on August 15, 2022, and The Goodyear Tire & Rubber
Company (Contractor) was awarded a contract via Resolution 2022-3397.
The Contractor continues to be qualified to provide the services on the terms and conditions. The City
wishes to renew the agreement with Contractor to provide the desired Services for a total amount not
to exceed $150,000.00.
The Goodyear services include, but are not limited to: Oil Changes, Oil Filter Changes, Tire Rotations,
Tire Replacements, Battery Replacements, and alternator replacements.
Subsequent to this renewal, there are no remaining renewal options available.
ADDITIONAL INFORMATION:
Copies of the complete contract documents are on file with the Office of the City Clerk and are available
upon request.
FUNDING SOURCE:
Item Number: 9.E
170
Funds have been appropriated in Various budget accounts.
ATTACHMENTS:
Second Amendment - Goodyear
Bid Price Sheet - Goodyear
Item Number: 9.E
171