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Superior Landscaping & Lawn Services, Inc.
j "MIAMIBEACH CITY -OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For Citywide Lot Clearance Services CONTRACT NO.: 21-11/12 EFFECTIVE DATE(S) :" `This Contract -shall remain in effect for four (4) years from date of Contract execution by the Mayor and City Clerk and maybe renewed, at the sole discretion of , the City, through its City Manager, for three (3) additional one (1) year term. SUPERSEDES:.. 31 -08/09 CONTRACTOR(S): Superior Landscaping :& Lawn Services, Inc. (Pool Cleaning and Pumping, Removal of -Rodents and Beehives) ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action taken by the - Mayor and City Commission of the City of Miami Beach, Florida, on June 6, '2012, for approval to award a contract, upon execution between the City of Miami 'Beach, Florida, and Contractor. B. EFFECT This Contract is entered -into, to provide for citywide lot clearance services for the Code Compliance Division, pursuant to City Invitation to Bid'No. 21- 11/12 and .any addenda thereto (the ITB), and Contractor's bid in- response thereto (this Contract, the JTB, and Contractor's .bid in response thereto may hereinafter collectively be referred to as the "Contract Documents "). C. ORDERING 'INSTRUCTIONS All blanket purchase orders shall be issued in accordance with.the City of Miami -Beach Procurement: Division policies and procedures, at the prices indicated, exclusive of all. Federal, State and local taxes. All blanket purchase orders shall show.the City of Miami Beach Contract Number.21- 11/12. D. CONTRACTOR PERFORMANCE - City of Miami =Beach departments shall report any failure of Contractor's performance (orfailure to perform) according to requirements of the Contract Documents to City - of'Miami :Beach, `Stephen Scott, 'Building 'Director. at 305-673-7000-ext. 6824. E. INSURANCE CERTIFICATE(S) The Contractor shall file Insurance Certificates, 'as required, which must be signed by -a Registered Insurance Agent licensed in the State of Florida, and approved by ,the City of Miami Beach Risk Manager, :prior to delivery of supplies and /or commencement any. services /work,by Contractor. F. ASSIGNMENT AND PERFORMANCE - 'Neither this Contract :nor any' interest 'herein shall be assigned, transferred, orz encumbered by Contractor without , the prior written consent of the City. In addition, Contractor -shall , not subcontract delivery of °supplies, or any portion of work and /or services required :by the Contract.Documents without the prior written consent of,the City. 1 Certification of Contract Contractor warrants and represents that all persons providing /performing any supplies, work, and /or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide /perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide /perform the supplies, work, and /or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's 'Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to. the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and /or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and /or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and /or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and /or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and /or the Contract Documents. 2 Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand- delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City Procurement Director City of Miami Beach . Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor Superior Landscapinq & Lawn Service, Inc. 2200 N.W. 23' Avenue Miami, Florida 33142 Attn: Orlando Otero, President Phone: 305 -634 -0717 Fax: 305- 634 -0744 E -mail: superlandscapeobellsouth.net L. MATERIALITY AND WAIVER OF BREACH City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and /or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 3 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and /or the Contract Documents shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and /or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 f Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this a-741, day of S_1y , 201E by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By Preside4it/ Si n�tu're ``�'� t`r By M or -' g \ ,�J� y Z- ✓ Ia�,`ly = INCORP )ORATED: Print Name Date ... 12. . .. .... ... 6 ate ATTEST: ATTEST: Se etary/ ignature City Cler i 7 z- Print Name Date 2 Date F: \PURC\$ ALL \SHIRLEY\contracts \ITB- 21 -11 -12 Jerrys Costum Landscape.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (9ity Attorney Date 5 ,4co CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 7/10/2012 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 be 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 NAME: Jessica Garcia Fortun Insurance PHONE FAX A/C o t • - - 3535 (AIC No : - - 365 Palermo Ave. E-MAIL Coral Gables FL 33134 -6607 ADDREss: INSURERS AFFORDING COVERAGE NAIC # INSURER A ul Guardian Insurance Com 24775 INSURED 51999 INSURER B:Phoenix Insurance Co Superior Landscaping & Lawn Service, Inc. INSURERC: T PAUL FIRE & M 24767 2200 NW 23rd Avenue Miami FL 33142 INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 2114904575 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 ADDL UBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR - INSR WVD POLICY NUMBER MM /DDIYYYY MMIDDrfYYY LIMITS A GENERAL LIABILITY OL08102620 11/1/2011 1/1/2012 EACH OCCURRENCE $1,000,000 X DAMAGETO RENTED COMMERCIAL GENERAL LIABILITY �•1 PREMISES Ea occurrence $100,000 CLAIMS -MADE K OCCUR /�IKJ� MED EXP (Any one person) $5,000 PERSONAL _ &ADVINJURY $1,000,000 /2 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: / PRODUCTS - COMP /OP AGG $2,000,000 POLICY X PRO- LOC $ B AUTOMOBILE LIABILITY BA- 399M500A -11 11/7/2011 117/2012 Ea accident $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS PROPERTY DAMAGE $ NON -OWNED X AUTOS Per accident C X UMBRELLA LIAB X OCCUR QK06804776 1117/2011 1/7/2012 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $4,000,000 DED X RETENTION $10,000 $ WORKERS COMPENSATION WC STATU- I JOTH- AND EMPLOYERS' LIABILITY Y/ N TORY LW1TS_L___L_EEL_ ANY PROPRIETOR /PARTNER /EXECUTIVE ❑ N / A - E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Subject to all policy terms and conditions. The City of Miami Beach is named as Additional Insured in reference to Contract No.: 21 -11/12 Citywide Lot Clearance Services. C ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Drive Miami Beach FL 33139 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD