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Dade Inspections Incm MIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For Elevator Inspection Services CONTRACT NO.: 13-08/09 ca A y/~ a/o y EFFECTIVE DATE(S): May 1st, 2009 through Apri131, 2010, with two (2) additional one (1) year renewal options. SUPERSEDES CONTRACTOR(S): N/A Dade Inspections Inc 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 April 22, 2009, for approval'to award contracts, upon execution between the City of Miami Beach Florida and Contractor(s). B. EFFECT -This Contract is entered into to provide elevator inspection services for the City of Miami Beach, pursuant to City Invitation to Bid (ITB) No. 13-08/09 and any addenda thereto, and Contractor's bid in response thereto (this Contract, the ITB, 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 (13- 08/09), with the current expiration date of Apri131, 2010, 2011, or 2012 as applicable. D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor to provide elevator inspection services according to the requirements of the Contract Documents to John Antona, City of Miami Beach Chief Elevator Inspector for the Building Department at 305-673-7000 ext. 6413. 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 of any services/work by Contractor. Page 2 Certification of Contract F. ASSIGNMENT AND PERFORMANCE -Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party 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. 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, to City's satisfaction, for the agreed compensation. See Appendix "A". 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 and 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 Page 3 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 Citv: Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 Attn: Gus Lopez. Procurement Director With copies to: John Antona Chief Elevator Inspector Building Department 1700 Convention Center Drive Miami Beach Florida 33139 3 Floor 305-673-7000 Ext: 6413 For Contractor: DARE INSPECTIONS. INC Ricardo Macareno 222 SW 42 Ave Miami FL, 33134 305-443-9112 305-461-5150 support@dadeinspections.com Irene.suarez@dadeinspection.com 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. 3 Page 4 Certification of 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. 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 prepazed with the same or similaz formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurances) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and all addenda issued, and Contractor's bid in response thereto, aze attached to this Contract and aze 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; (iii) contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this ~ J- day of t Ir~ , 200, by their respective duly authorized representatives. CONTRACTOR By Signature Print Name ATTEST: Secretary/ Signature ~G~-l,,,e,a..i dirt ~1UdL~1 ~~ Print Name CITY OF MIAMI BEACH By ayor ATTEST: OVA, r!~ City Clerk F:\PURC\$ALL\Maria\Bids\08-09\ITB#13-08-09 Elevator Inspection Services\Contracts\Miami Elevator.doc APPROVED AS TO FORM_ &~~A~~h~GUAC-~I ~k F®6~EXkCUTIOh 2'I p9, ate APPENDIX "A" CONTRACT DOCUMENTS AND PERFORMANCE CRITERIA Elevator Inspection and Witnessing Services Work Orders: Work Orders containing quantities and schedules for completion will be negotiated at the issuance of said Work Orders. Status Reports: Contractor must provide weekly interim status reports outlining which assigned Inspections and Witnessing Tests have been conducted and the date conducted A status report template will be provided to the Contractor for convenience. Failure to provide said status reports shall constitute a breach of the Contract. Completed Inspection: A Completed Inspection/Witnessing Test is when: 1. Contractor coordinates access to property where elevator is located; 2. Contractor coordinates Elevator Company's testing while Contractor is present for Witnessing Tests (when applicable); 3. Contractor conducts Inspection or Witnessing Test pursuant to Florida Administrative Code Chapter 399; 4. Contractor completes required report post inspection/witnessing test pursuant to FAC Chapter 399; 5. Contractor provides original report to John Antona within one (1) day of Inspection/Witnessing Test completion. Required reports are: a. Report of Elevator Violations (Annual Inspection} b. Report of One Year Witnessing Test c. Report of Five Year Witnessing Test d. Report of Roped Hydraulic Five year Test NOTE: Contractor is not responsible for compliance assurance post witnessing tests Project Management: City of Miami Beach Chief Elevator Inspector John Antona will serve as a Project Manager. As Project Manager, Mr. Antona will be responsible for quality control and adherence to deadlines. The Contractor maintains discretion over daily operations pursuant to the terms of the Contract. Billing: Contractor will submit invoice to the City of Miami Beach Building Department (Attention John Antona) for the number of Inspections/Witnessing Tests conducted, on a monthly basis. Terms: 30 days from date of invoice Start Date: Date of execution of Contract.