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Rolling Shields, Inc. Contract
~ IBEACH ~~~' ~ ~ ~~ CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For The Purchase and Installation of Accordion Storm Shutters At City Hall, Fire Station # 1, And Fire Station # 3 CONTRACT NO.: 45-07/08 CONTRACT TIME: This Contract shall remain in effect until all requirements of the purchase and delivery as specified herein are satisfactorily met. Additional Purchase Order(s) may be placed by the City, under the same pricing, terms and conditions as indicated herein, through December 31, 2009 SUPERSEDES: N/A CONTRACTOR(S): Rolling Shields, Inc. LUMP SUM AMOUNT: $119,316.00 A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on April 22, 2009, a Contract has been approved for award and subsequent execution between the City of Miami Beach Florida and Contractor. B. EFFECT -This Contract is entered into to furnishing all labor, machinery, tools, supplies, equipment, materials and services necessary for the purchase and installation of accordion storm shutters at City Hall, Fire Station # 1 and Fire Station # 3 for the Property Management Division pursuant to City Of Miami Beach Invitation to Bid (ITB) No. 45-07/08 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 45- 07/08. D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor to perform according to the requirements of the Contract Documents to the City of Miami Beach Procurement Division at 305-673-7490. 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 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. In addition, Contractor shall not subcontract any portion of the work and/or services required by the Contract Documents without prior approval from the City. Contractor warrants and represents that all persons performing any 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 perform same, to City's satisfaction, for the agreed compensation. Contractor shall perform the work and/or services required under the Contract Documents in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) 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 and adhere to the City's Service Excellence standards. Training may 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. Services and/or work provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such 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 parry 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. 2 Page 3 Certification of Contract 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. 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 Ci Citv of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn• Gus Louez. Procurement Director With copies to: Progertv Management Division 1245 Michis~an Avenue Miami Beach. Florida 33139 Attn• John Toledo Actins~ Property Manas~ement Division Director For Contractor: Rollins Shield, Inc. 2500 NW 74 Avenue Miami. Florida 33122 Attn: Jose A. Dels~ado Phone: 305-436-6661 Fax: 305-436-5523 E-mail: iose~rollinashield.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. 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 andlor 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/or 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, 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; (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 .'~ day of ~ ~ ~ , 200, by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH c~~~ P afore Print Name ~~~ ~ ~ ~S ~e ATTEST: Secr g re Print Name ~~ ~ Date. By ayor o~ 3 TuNG 09' Date ATTEST: ~~ City Clerk ~,? 3 ~-un~~ D R Date APPROVED AS TO FORM & LANGUAGE F:\PURC\SAIUTHEO\ITBIITB-45-07-08 -Storm Shutter Installation\Contracri45-07-08 Rolling Shiel& EXECUTION ;~.-~. ~_ LL- opt ity o ate OP ID R DATE (MMlDDIYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE ROLLI-3 06 03 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Olin Hill & Associates Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2804 Del Prado Blvd. #107 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cape Coral FL 33904 ~ NAIC # Phone:239-945-1900 Fax:239-945-3163 INSURERS AFFORDING COVERAGE i 02954 INSURED INSURER A: Southern Owners Insurance Co. INSURER B: I Rollingg Shield Inc 2500 NA 74th Ave INSURER C: INSURER D: - Mlam1 FL 33186 INSURER E: COV ERA GES DICATED NOTWITHSTANDING THE ANY MA POL POLI REQ V PER ICIES CIES OF INSURANCE LISTED BELOW HAVE UIREMENT, TERM OR CONDITION OF ANY TAIN, THE INSURANCE AFFORDED BY THE . AGGREGATE LIMITS SHOWN MAY HAVE B BEEN ISSUED TO THE INSURED NAMED CONTRACT OR OTHER DOCUMENT WITH POLICIES DESCRIBED HEREIN IS SUBJE EEN REDUCED BY PAID CLAIMS. 'POLICY NUMBER r ABOVE FOR THE POLI RESPECT TO WHICH CT TO ALL THE TERMS ~DATE MMIDD/YY CY PERIOD IN THIS CERTIFICATE MA , EXCLUSIONS AND C DATE MM/DD/YY . Y BE ISSUED OR ONDITIONS OF SUCH LIMITS LTR NSR TYPE OF INSURANCE EACH OCCURRENCE $ 1000000 GENERAL LIABILITY 1809 07/28/08 07/28/09 PREMISES (Eaoccurence> $ SOOOO A X COMMERCIAL GENERAL LIABILITY 2052 MED EXP (Any one person) $ S O O O CLAIMS MADE X~ OCCUR PERSONAL&ADVINJURY $1000000 ERAL AGGREGATE $ 2000000 i GEN COMP/OPAGG DUCTS $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC - PRO Em Ben. _ 1000000 POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ i ~ NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ EA ACCIDENT Y $ - AUTO ONL GARAGE LIABILITY '-'-- OTHER THAN EA ACC $ __ ANV AUTO li AUTO ONLY: AGG ' $ RRENCE $ EACH OCCU ~ __ EXCESS/UMBRELLA LIABILITY AGGREGATE $ OCCUR ~ CLAIMS MADE DEDUCTIBLE RETENTION $ _ TORY LIMITS ER WO EMP RKERS COMPENSATION AND LOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECUTIVE LUDED? E.L. DISEASE - EA EMPLOYE E $ OFF If ye ICER/MEMBER EXC s, describe under E.L. DISEASE • POLICY LIMIT $ SPE CIAL PROVISIONS below OTH I ER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT i SPECIAL PROVISICNS City of Miami Beach is named as additional insured on the General Liability with respect to Insured's operations. CERTIFICATE HOLDER CANCELLATION MIAMI -1 lty Of Miaml Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 1700 Convention Center Dr Miami Beach FL 33139 AU ED REPRE TATIVE ©ACORD CORPORATION 1988 ACORD 25 (2001!08)