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HomeMy WebLinkAboutReso 2013-2060 RESOLUTION NO. 2013-211620 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING AN AGREEMENT AND APPROVING THE FIRST ADDENDUM TO AGREEMENT WITH COOL BREEZE AIR CONDITIONING CORPORATION FOR AIR CONDITIONING SERVICES AT THE GOVERNMENT CENTER, IN AN AMOUNT NOT TO EXCEED THIRTY- SEVEN THOUSAND FIVE HUNDRED FIFTY DOLLARS ($37,550.00); WAIVING COMPETITIVE BIDDING REQUIREMENTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE • DATE. WHEREAS, the City was in immediate need of a new air conditioner compressor at the Sunny Isles Beach Government Center to decrease the load on the one working compressor and to stabilize the temperature throughout the building; and WHEREAS, pursuant to Section 62-12 of the City's Procurement Code, the City Manager has determined that it is in the best interest of the City to waive its formal competitive bidding procedures due to the urgent nature of this matter; and WHEREAS, the City obtained three quotes and selected Cool-Breeze Air Conditioning _ Corp. who was qualified, willing and able to provide the desired services on the terms and conditions set forth herein: and WHEREAS, Cool-Breeze Air Conditioning Corp. submitted a proposal to the City to replace the McQuary Screw Compressor unit, in an amount not to exceed Thirty-Three Thousand Nine Hundred Fifty Dollars ($33,950.00), attached hereto as Exhibit "A"; and WHEREAS, Cool-Breeze Air Conditioning Corp. determined that additional services were required to remove existing refrigerant and to recharge unit with new refrigerant, and submitted a proposal to the City for an additional Three Thousand Six Hundred Dollars ($3,600.00), attached hereto as Exhibit `B", for a total amount not to exceed of Thirty-Seven Thousand Five Hundred Fifty Dollars ($37,550.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Waiver of Competitive Bidding Requirements. The Competitive Bidding Requirements of Chapter 62 of the City Code are hereby waived. Section 2. Ratifying Agreement and Approving the First Addendum to Agreement. The Agreement and First Addendum to Agreement with Cool-Breeze Air Conditioning Corp. for air 82013-Cool Breeze Air Conditioning Corp Waive Bid Page 1 of 2 conditioning services, in an amount not to exceed Thirty-Seven Thousand Five Hundred Fifty Dollars (537.550.00), attached hereto as Exhibit "A" and "B", be, and the same, are hereby ratified and approved. 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 shall become effective upon adoption. PASSED AND ADOPTED this 16th day of May 2013. ./ 1' /_/ • / CI ';• Vin .. - . Norman S. Edelcup, ayor %.; ATTEST: • eirm-1:11\ k::2\k-Lo } t -.`Jane A. Hines;,CMC, City Clerk -4 -a y '• APPRO. D AS TO FORM AND LE - At IENCY Aa H. s O"inot, City Attorney Moved by: t✓ptvnM5.M taceCU{oLL Seconded by:Vice Vote: S---13 Mayor Norman S. Edelcup t/(Yes) (No) Vice Mayor Isaac Aelion 1/(Yes) (No) Commissioner Jeanette Gatto 1/ (Yes) _(No) Commissioner Jennifer Levin V(Yes) (No) Commissioner George `Bud" Scholl _3/4(Yes) (No) R2013-Cool Breeze Air Conditioning Corp Waive Bid Page 2 of 2 • AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND COOL-BREEZE AIR CONDITIONING CORP. • CONTRACT NO. C1213-024 THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 29th day of April, 2013, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and COOL-BREEZE AIR CONDITIONING CORP., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 65-0010307 RECITALS WHEREAS, the City is in need of emergency maintenance and repair to the air conditioning unit over the weekend ("Services"); and WHEREAS, Contractor has expressed the ability and desire to provide these Services as more fully described in Attachment "A", which is attached hereto and incorporated herein by reference; and WHEREAS, Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Thirty Three Thousand Nine Hundred Fifty Dollars ($33,950.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide maintenance to existing refrigerant, remove existing compressor and install a new compressor and dryers and repair electrical box, as more particularly described in Attachment "A" attached hereto and made a pall hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 7 hereunder, this Agreement shall commence from the issuance of a Notice to Proceed from the City Manager or his designee and shall terminate upon the completion of services. 4. COMPENSATION. The Contractor agrees to provide the Services in a total amount not to exceed Thirty Three Thousand Nine Hundred Fifty Dollars ($33,950.00) for the performance of the Services. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" and under the following conditions: SIB CI213-024—COOL BREEZE AIR CONDITIONING CORP. Page I of 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. 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. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. 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. 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. 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, or employees, as indicated below: r C1213-024—COOL-BREEZE AIR CONDITIONING CORP. Page 2 of8 S B f ❑ Comprehensive General Liability Insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence. ❑ Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. ❑ Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000.000) per accident for bodily injury and Five Hundred Thousand Dollars($500,000) per accident for property damage. 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(ies) 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. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 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. 7. 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 C1213-024—COOL-BREEZE AIR CONDITIONING CORP. Page 3 of 8 S 1 13 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. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) 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 7 A(i) and A(ii)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. 8. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 9. 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 Contractor shall leave the employment of the City 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. C 1213.024-COOL-BREEZE AIR CONDITIONING CORP. Page 4 of 8 S I B 10. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties needs to be approved in writing by the City in order to be properly authorized. I L ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract,assign or transfer any work under this agreement without the prior written consent of the City. Should the Contractor subcontract any services under this agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, tinder, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written)or actions of either of party. 13. NOTICES. All notices and other communications required or permitted to be given tender 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 facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Cool-Breeze Air Conditioning Corp Contractor: 13120 SW 130 Terrace Miami, FL 33168 Tel: (305) 226-2665 Fax: (305)253-4420 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. IS. 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. CI213-024—COOL-BREEZE AIR CONDITIONING CORP. Page 5of8 S I B 16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 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 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 the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly are 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. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim,damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties C1213-024-COOT:FREEZE AIR CONDITIONING CORP. Page 6 of 8 S 1 V agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 19. 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. 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including any attachments hereto. 21. 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. [remainder of page intentionally left blank] CI213-024—COOL-BREEZE AIR CONDITIONING CORP. I'agc 7 of8 r, B IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS#1: COOL-BREEZE AIR CONDITIONING CORP. KM, BY: ���K--- - 'azure Sales Rep Signature o21,C= M • - &S2 (E- Print Name 4W `ESS #2: V ii, _ . .I natt - / . Of 4 S Bi tra•./d Print Name / ATTEST: CITY OF SUNNY ISLES BEACH • B� Ctn-� BY: Csalle/ 0 - • Jane A. Hines,:CMC, City Clerk Christopher J. Russo, City Manager - APPROVED AS TO FORM AND LEGAL SUFFIC .NCY IA BY: //I� 1 CrOttit ■t, City Attorney CI213-024—COOL-BREEZE AIR CONDITIONING CORI'. Page 8 o13 S 1 B scant naingi \cis PROPOSAL tu®Iva :tot C, 1 i t 6onditloning c rp. 13754 13120 SW 130 TERE2 MIAMI,FL 381de P14:305.220.2685 F)e305.263. 20 DATE April 23,2013 EMAIL:coo1-breezo @cool.breozoao.two. Hcan g SUNNY ISLES CITY HALL L JOB.NAME/LOCATION 18070 COLLINS AVENUE ;SUNNY ISLES CITY HALL SUNNY ISLES BEACH,FL 33160 18070 COLLINS AVENUE ATTN: VICTOR MERCEDES PH:786-351-5661 (SUNNY ISLES BEACH,FL 33160 E:vmercedes@sibfl.net WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR: PROVIDE LABOR AND MATERIALS TO REPLACE ONE(I)MCQUAY SCREW COMPRESSOR ON UNIT MODEL#ALS218C27•ERII SI STNU040400099. SCOPE OF\YORK I.RECOVER EXISTING RERIGERANT 2.REMOVE EXISTING COMPRESSOR 3.INSTALL NEW COMPRESSOR t.INSTALL NEW DRYERS S.INSTALL NEW CONTACTOR i.REPAIR ELECTRICAL BOX I.CRANE S.START UP AND CHECK OPERATION 40TE: I. ONE YEAR PARTS AND LABOR WARRANTY 2.USING EXISTING REFRIGERANT.ANY REFRIGERANT REQUIRED WILL BE BILLED SEPERATELY. NORK TO BE DON N WEEKEND. • WE PROPOSE hereby to furnish material and labor—complete in accordance with the above specifications,for the sum of; $33,950.00 ;ales Rep Intials FC THIRTY THREE THOUSAND NINE HUNDRED FIFTY DOLLARS 00/100 'ayment to be made as follows: •0%UPON PROPOSAL ACCEPTANCE AND-50%UPON 10B COMPLETION .LMATERIALIS GUARANTEED TO BE SPECIFIED.ALL WORK TO DE COMPLETED Or A PROFESSIONAL MANNER Authorized :CORDING TO STANDARD PRACTICES.ANY ALTERATION OR DEVIATION FROM ABOVE SPECIFICATIONS INVOLVING :T COSTS WILL BE EXECUTED ONLY UPON WRITTEN ORDERS. WILL BECOME AN EXTRA CHARGE OVER AND S M Signature A IOVE ONE ESTDNTE ALL AGREEMENTS CONTINGENT UPON STRIKES.ACemEhTS OR DELAYS II EYOND OUR INTROL OWNER TO CARRY ARE.TORNADO,AND OTHER NECESSARY INSURABLE.OUR%YORKERS ARE FULLY IVERED BY WORKERS CO SWENSATIONLNSURANCE Note:This proposal may b: draw by us if not .cceptance of Proposal accepted within 30 Days IE ABOVE PRICES.SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY Signature :CEPTED.YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED.PAYMENT WILL BE MADE AS ITLINEI D ate of Acceptance: Signature SIB Attachment "A" -----....9 COOLB-1 OP ID: LC A °' CERTIFICATE OF LIABILITY INSURANCE DATE 04/2ODIYYYIT 04!26113 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS • CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES . BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. . IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must he endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). • PRODUCER CONTACT TropicalInsuranceAgencyInc. 305-221-2400 PHONE FAX 8700 West Flag ler St Ste 230 305-552-5360 MIL,at); I(AC,No) Miami,FL 33174 E-MAIL ' Alfredo Gonzalez ADDRESS: INSURER(S)AFFORDING COVERAGE NMC 0 INSURERA:Depositors Insurance Co.42587 INSURED Cool-Breeze N/C Corp INSURER e:Bridgefield Employers Ins31267 13120 SW 130 Terr Miami,FL 33186 INSURER C: • INSURER 0: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDL SUB' - POLICY EFF POUCYEXP LIMITS LTR INSR SPA POLICY NUMBER (MMNIOIYYYYI (NMIDOM'YY1 GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 A X COMMERCIAL GENERAL LIABILITY ACPGLD05915283046 01/01/13 01/01/14 DRAMGS UaEaNmTEnD e noe) S 100,000 ICLNME-MADE 0 OCCUR MED EXP(Any ore Person) $ 5,000 PERSONAL 6ADV INJURY f 2,000,000 GENERAL AGGREGATE f 2,000,000 • GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO S 2,000,000 —1 POLICY r mi 1 '7 1 LOC S AUTOMOBILE LIABILITY COMEINEO SINGLE LIMIT 1000,000 (Ea accident) S 1 A X ANY AUTO ACPBAZ5915283046 01/01/13 01/01114 BODILYINJURY(P■ pcson) S ALL OWNED SCHEDULED BODILY INJURY(Pr accident) S _ X X HIRED AUTOS X NON-0'NNED PR&P�ERd1�DAMAGE 5 AUTOS S X UMBRELLA LIAS X OCCUR EACH OCCURRENCE s 5,000,000 A EXCESSLIAB CLAMS-MADE .ACPCAP5915283046 01/01/13 01/01/14 AGGREGATE $ 5,000,000 DEC I X I RETENTIONS 10000 s WOnXERS COMPENSATION X I WCSTAIITSI I ER AND EMPLOYERS'WIBIL • B ANYPROPRIETORPMTNE(VEXECUTNE Y© 0830-34065 04/01/13 04(01114 EL EACH ACCIDENT S 1,000,000 OFFICERIMEMB-ER EXCLUDED? NIA (Mandatory in NH) EL.DISEASE-EA EMPLOYEE S 1,000,000 It yes,desuibe OOAar DESCRIPTION OF OPERATIONS below El_DISEASE-POLICYLWJT S 1,000,000 A PROPERTY ACPGLD05915283046 01/01/13 01/01/14 PROPERTY 85,000 DED . 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,it more apace is required) Air conditioning Services and Repairs l' . CERTIFICATE HOLDER CANCELLATION / SUNNYIS SHOULD ANY OF THE ABOVE DESCRI POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY P VISIONS. City of Sunny Isles Beach 18070 Collins Ave,3rd Floor AUTHORIZED REPRESENTATIVE Sunny Isles Beach, FL 33160 Alfredo Gonzalez 01980-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Etarr /S�e City of Sunny Isles Beach Norman S. Edelcup, Mayor r 18070 Collins Avenue Isaac Aelion, Vice Mayor e; Sunny Isles Beach, Florida 33160 Jeanette Gatto, Commissioner d.:,.. n Jennifer Levin, Commissioner u• 4 - • (305) 947-0606 City Hall George "Bud" Scholl, Commissioner (305) 949-3113 Fax •A '9, a%a (305) 947-2150 Building Department Christopher J. Russo, City Manager °o,, °su ,a°s (305) 947-5107 Fax Hans Ottinot, City Attorney °f SO" Jane A. Hines,.CMC, City Clerk MEMORANDUM TO: Christopher J. Russo, City Manager 1 FROM: Bill Evans, Assistant City Manager 4 R 2 5 2013 DATE: April 25, 2013 • CItYof Sunny Isles Beach office of the City Manager RE: Cool-Breeze Air Conditioning Corp The City is in need of a new air condition compressor at the Government Center. Immediate action is required to decrease the load on the one working compressor and to stabilize the temperature throughout the building. The City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so. Staff has obtained three quotes and has chosen Cool-Breeze Air Conditioning Corp. to replace the McQuary Screw Compressor unit. All work will be done on the weekend in an amount not to exceed $33,950.00 The staff is requesting approve the • attached agreement with Cool-Breeze Air Conditioning Corp, this agreement will be ratified at next month's Commission meeting, and waive the competitive bidding procedures. If Approved cle Please sign: 44,t„NNi.ti t � ° FIRST ADDENDUM TO THE AGREEMENT BETWEEN U<.; THE CITY OF SUNNY ISLES BEACH AND COOL-BREEZE AIR CONDITIONING CORP. CONTRACT NO. C1213-026 This First Addendum to the Agreement between the City of Sunny Isles Beach and Cool- Breeze Air Conditioning Corp. executed this day of May, 2013, is made a part of the original Agreement between the parties dated April 29th, 2013, ("the Agreement") between the City of Sunny Isles Beach ("City") and Cool-Breeze Air Conditioning Corp. ("Contractor") attached hereto as Attachment `B", whose Federal Identification # is 65-0010307. The City and Contractor hereby agree as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED. The scope of services, as set forth in Section 2 of the original Agreement, is hereby amended to include removal of existing refrigerant and to recharge unit with new refrigerant ("Additional Services"), as more particularly set forth in Attachment "A", attached hereto and incorporated herein by reference. 2. COST. The payments to the Contractor, as set forth in Section 4 of the original Agreement, is hereby amended to include additional compensation for the Additional Services to be performed, in an amount not to exceed Three Thousand Six Hundred Dollars ($3,600.00), • bringing the total contact amount not to exceed Thirty Seven Thousand Five Hundred Fifty Dollars ($37,550.00). 3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated April 29th, 2013, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: COOL-BREEZE AIR CONDITIONING CORP. Signature BY: Print Name Frank D. Crawley, President CIi!F NNY,ISLE BE CH BY: �'Y2�'u�° /.t a ./ No i an S. Edelcup, Mayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY 1 _s a es BY: BY-�4i1jj Jane A. Hines, CMC, City Clerk 'ems 0 inot, City Attorney (ci)tlM1 • • AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND COOL-BREEZE AIR CONDITIONING CORP. • •• CONTRACT NO. C1213-024 THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 29th day of April, 2013, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and COOL-BREEZE AIR CONDITIONING CORP., a corporation authorized to do business in the State of Florida (hereinafter referred to as"Contractor")whose Federal I.D. #is 65-0010307 RECITALS WHEREAS, the City is in need of.emergency maintenance and repair to the air conditioning unit over the weekend("Services");and WHEREAS, Contractor has expressed the ability and desire to provide these Services as more fully described in Attachment "A", which is attached hereto and incorporated herein by reference;and WHEREAS, Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein;and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Thirty Three Thousand Nine Hundred Fifty Dollars($33,950.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide maintenance to existing refrigerant, remove existing compressor and install a new compressor and dryers and repair electrical box,as more particularly described in Attachment"A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 7 hereunder, this Agreement shall commence from the issuance of a Notice to Proceed from the City Manager or his designee and shall terminate upon the completion of services. 4. . COMPENSATION. The Contractor agrees to provide the Services in a total amount not to exceed Thirty Three Thousand Nine Hundred Fifty Dollars ($33,950.00) for the performance of the Services. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment"A"and under the following conditions: p SIB C1213-024—COOL-BREEZE AIR CONDITIONING CORP. Page I of 8 Attachment "B" 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. 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. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. 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. 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. 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee,partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents,or employees, as indicated below: C1213-024—COOL•BREEZE AIR CONDITIONING CORP. Page 2 of 8 S 1 B ❑ Comprehensive General Liability Insurance, including broad fonn contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars($1,000,000)per occurrence. o Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. ❑ Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000.000) per accident for bodily injury and Five Hundred Thousand Dollars(5500,000)per accident for property damage. 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(ies) 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.The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. Contractor shall also require and ensure that each of its sub-contractors providing services hereunder Of 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. 7. 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 C 1213-024—COOL-BREEZE AIR CONDITIONING CORP. Page 3 of a S 113 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. (i.) In the event of termination,all finished and unfinished documents,data and other work product prepared by Contractor(and sub Contractor(s))shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.)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 7 A(i) and A(ii)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. 8. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 9. 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 Contractor shall leave the employment of the City 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 tight, in addition to any other remedies available to it at law or in equity,to enjoin the Contractor from violating such provisions. CI213-o24-COOL•BREEZE AIR CONamoNn4G CORP. Poge4 of S I B 10. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the Contractor pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties needs to be approved in writing by the City in order to be properly authorized. 11. ASSIGNMENTS, TRANSFERS. SUBCONTRACTING. The Contractor shall not subcontract,assign or transfer any work under this agreement without the prior written consent of the City. Should the Contractor subcontract any services under this agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services,responsibilities and liabilities of any person or entity acting under Contractor. 12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in • respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements(whether verbal or written)or actions of either of party. 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 facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid,return receipt requested or by overnight delivery by traditionally recognized courier service),addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel:(305) 792-1701 Sunny Isles Beach,Florida 33160 Tel:(305)792-1702 If to the Cool-Breeze Air Conditioning Corp Contractor: 13120 SW 130 Terrace Miami,FL 33168 Tel: (305)226-2665 Fax: (305)253-4420 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. l5. 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. CI213-024—COOL-BREEZE AIR CONDITIONING CORP. Page sof8 S I B 16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended,Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,the Age Discrimination Act of 1975,Executive Order 11063,and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. ■ 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 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 the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly are 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, The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings)relating to,arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives,officers, directors, officials and employees shall arise in connection with any claim,damage,loss or expense that is attributable to bodily injury; sickness;disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties �j ('1213-024—COOL.BREEZE AIR CONDITIONING CORP. Page 6 of S I B • • agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 19. 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. 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including any attachments hereto. 21. 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. My 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. [remainder of page intentionally left blank] C 1213.024—COOL-BREEZE AIR CONDITIONING CORP. Page 7 of 8 1 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS#1: COOL-BREEZE AIR CONDITIONING CORP. a IBY: / ....-- .L2 , 'ature a Sales Rep Signature SoSL M Qce_ Z Print Name WA't SS#2: iliffi ar•Sis if _ . . L4L Print Nam ATTEST: CITY OF SUNNY ISLES BEACH . B . ara 1\ 42............ c-------- BY:C4d,< . land A. Hines,:CMC,City Clerk Christopher J. Russo,City Manager I APPROVED AS TO FORM AND , LEGAL SUFFIC I NCY 4 BY: II/ I. ear Cul it,City Attorney C1213-024-COOL-BREEZE AIR CONDITIONING CORP. Page 8 o(8 S 1 I °N INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY " REMOTE CSID DURATION ATION PAGES STATUS Na ME RECEIVED Received M 6, 2013 3 1 0:16:44 AM EDT # 1/ 1 05-06-13;10:15AM; Arian/ a+ev� PROPOSAL br �ar gip,, Air Conditioning Cor p.m , r-Sy 0 13826 , 13120 SW I oIER R MIAMI,FLSOTBB DATE May 6,2013 PH:306.2211-2685 FX:303,4334420 EMAIL:000I.bm gO ot•bteezzefl. m np-/•,J 4/1 mo.tt}fe4% �"LL v JOB NAME I LOCATION _ • SUNNY ISLES CITY HALL SUNNY ISLES CITY HALL SUNNY COLLINS IS S EACH,FL 18070 COLLINS AVENUE SUNNY ISLES BEACH,FL 3316D . ATTN: VICTOR MERCEDES P14:786-351-5661 SUNNY ISLES BEACH,FL 33160 2:vmercedea(asibf,nbt EVE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES P PROVIDE LABOR AND MATERIALS TO REPLACE EXISTING REPRIGERATJT ON MCQU ROOF DY OR TOP AIC UNIT. ES: EOF WORK . I. REMOVE DIMINOREPRIOERANT 2, PUT UNIT IN VACCUM RECHARGE UNIT WITH 210 LOS R-22(NSW REFRIGERANT) 4. START UP AND CHECK OPERATION i •,AL PRICE 54} i 00.00 ! REFERRAL CREDITS 600.0D I TOTAL.. $3,600.00 LOTEt THL9 PRICE IS FOR REFRIGERANT COST ONLY, ALL LABOR IS INCLUDED IN COMPRESSOR CHANGE Oir. • AIL WORK TO BE DONE DURING REGULAR BUSINESS HOURS,MONDAY THROUGH FRIDAY,5:00 AM TO 4:70 PM EXCLUDING HOLIDAYS AND ; WEEKENDS. -- —— $3,600.00 W6 PROFOSfiharaby W Pomhb:modal and labor—cam Iota In oecordmloe with the Above specifications,for sum OC THREE THOUSAND SIX HUNDRED DOLLARS O0I100 `Sales Rep Intiais PC _.—.-_ ..---- _.. ---- Payment to bo undo as follows: 5r%Upon proposal aceept:moo and 5032 Upon Job.completion AChyRD�ADTO`SWarn enCp.ANY AU[,bIEMTION OR 011WAT10Nnt0.eeuwaas°vc°ciREM1O SINVCLnNO AUtltorlZe M COST %nu.M BXteUTWEOE IE.V UPON warm OP.tm AND WILL ECDMEEAN Ex-mAC WORD AND Signature .. Note:This proposal mny'. w by us If not CENTA060WNM1To CAn%Y RZ TORNADO.AND OTR NECSESIULY UGUEANL8 RUE WOARE„E ARE Fw•V sRmOYWwTARUCw ter•NSnnONnvnmANCa. accepted within 30 Doi Acceptance of Proposal Signature i i /i i�l� THE MOVE PRICES,ACCEPIEO.YOU MC aUTHORITZED TO DO CO_yrtplON9 Anal WP PAYMENT WIIA.BE MADE A5 . OUTLINno / /3 Signature Date of Acceptance: fj Attachment "A" S I s°" Y" "`F City of Sunny Isles Beach 18070 Collins Avenue =c- : Sunny Isles Beach, Florida 33160 • Vi °)• mop:3 S‘e (305)947-0606 City Hall cit or son "N� (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Bill Evans, Assistant City Manager DATE: 5/16/2013 RE: Ratifying an Agreement and Approving the First Addendum to Agreement with Cool Breeze Air Conditioning Corporation for Air Conditioning Services at the Government Center RECOMMENDATION: We recommend the City Commission approve the attached Resolution. REASONS: The City was in immediate need of a new air conditioner compressor at the Sunny Isles Beach Government Center to decrease the load on the one working compressor and to stabilize the temperature throughout the building. Pursuant to Section 62-12 of the City's Procurement Code, the City Manager has determined that it is in the best interest of the City to waive its formal competitive bidding procedures due to the urgent nature of this matter. The City obtained three quotes and selected Cool-Breeze Air Conditioning Corp. who was qualified, willing and able to provide the desired services on the terms and conditions set forth herein. Cool-Breeze Air Conditioning Corp. submitted a proposal to the City to replace the McQuary Screw Compressor unit, in an amount not to exceed Thirty-Three Thousand Nine Hundred Fifty Dollars ($33,950.00). While replacing the compressor unit, Cool-Breeze Air Conditioning Corp. Agenda Item No 10G Date 5/16/2013 101 determined that additional services were required to remove existing refrigerant and to recharge the unit with new refrigerant, and submitted a proposal to the City for an additional Three Thousand Six Hundred Dollars ($3,600.00), for a total amount not to exceed of Thirty-Seven Thousand Five Hundred Fifty Dollars ($37,550.00). ATTACHMENTS: • Resolution • Agreement • First Addendum Agenda Item No 106 Date 5/16/2013 102