Condo Electric Motor Repair, Corp. Certification of Contractm MIAMIBEACH
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: For Purchase and Delivery of Bike Racks
CONTRACT NO.: 44-08/09
G a ~-
9/~/~ 9
EFFECTIVE DATE(S): This contract shall remain in effect for one (1) year from date of
execution by the Mayor and City Clerk, and may be renewed by
mutual agreement for two (2) additional years, on a year to year basis.
SUPERSEDES: N/A
CONTRACTOR(S): Condo Electric Motor Repair, Corp.
ESTIMATED ANNUAL CONTRACT AMOUNT: $81,550.00
A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on September 9, 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 for Purchase and Delivery of Bike Racks
pursuant to Invitation to Bid (ITB) No. 44-08/09 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 44-
08/09.
D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any
failure of Contractor for the purchase and delivery of bike racks according to the
requirements of the Contract Documents to Fred Beckman, City of Miami Beach Director
for Public Works Department at 305-673-7080.
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.
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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.
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) provided to or on behalf of City shall
meet the City's cleanliness standards for City facilities and parking garages.
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.
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Certification of Contract
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.
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
Gus Lopez, Procurement Director
City of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
Fred Beckmann, Public Works Director
City of Miami Beach
Public Works
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Condo Electric Motor Repair, Corp.
3615 East lOt Court
Hialeah, FL 33013
Attn: Hector A. Gomez, President
Phone: 305-691-5400
Fax: 305-691-6564
condoel(a,bellsouth.net
Certification of Contract
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.
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 insurances) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
Q. The RFP 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 RFP; (iii)
contractor's bid in response thereto, the more stringent provision (as enforced by the
City) shall prevail.
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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 ~f ~ day of OC'~~i~B~L , 200, by their respective duly
authorized representatives.
CONTRACTOR
By
res dent/ Signature
~{OVED AS TO
FORM & LANGUAGE
Print Name
CITY OF MIAMI BEACH
sy
M yor
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D to
ATTEST:
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City Clerk
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Date
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Date
FOR UTION
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City Att ey ~ Date
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~~G~~f~ ~~ om~z
Print Name
'~'~`~ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY)
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:145092
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Aon Risk Services, Inc. of FL CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
f 001 Brickell Bay Drve, Suite #1100 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Miami, FL 33131-4937
POLICIES BELOW.
Phone: 800-743-8130 Fax: 800-522-7514 INSURERS AFFORDING COVERAGE NAIC #
INSURED
ADP T
l INSURER A:116nabs Natimlal Insurance Co 23817
ata
Source FL XI, Inc.
10200 Sunset Drive INSURER 8:
Miami, FL 33173 INSURER C:
ALTERNATE EMPLOYER
Condo Electric Industrial Supp INSURER D:
3746E 10th Ct
Hialeah, FL 33013 BYSURER E:
-
COY>tAGfS - __ r,
~ .;
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
,
NOTWITHSTANDING ANY REQUIREMENT, TERM OA 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTF~.
IL Safi ~~ TYPE OF NISURANCE POLN:Y NUMBEiI POLICY EFFECTIVE
DATE (M WDD/YYYY) POLICY ExPNiA710N
DATE (MNVDQ7Y1'Y) ~~
GENERAL LIABILITY
p COMMERCIAL GENERAL LIABIIJTV
EACH OCCURRENCE
$
DAMAGE TO RENTED $
p CLAIMS MADE p OCCUR PREMISES (Ea ocwrrence)
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
' GENERAL AGGREGATE $
GEN
L AGGREGATE OMIT APPLIES PER:
p POLICY p PROJECT p LOC
PRODUCTS - COMP/OP AGG
$
$
AUTOMOBILE LIABILITY
p ANY Auro COMBINED SINGLE LIMB
(Ea accident)
$
p ALL OWNED AUTOS
p SCNEDULEO ~~ BODILY INJURY $
(Per person}
p wRED AtrTOS
p NON OWNED AUTOS BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
O ANY Auro
OTHER THAN ~
ACC
$
AUTO ONLY:
AGG
$
EXCESS / UMBRELLA LIABILTTY
p OCCUR p CLAIMS MADE EACH OCCURRENCE $
AGGREGATE $
pDEDUC71aLE
$
ORE1ENTx]r/ $
WORKERS' COMPENSATKNJ AND '~
A
EMPLOYERS' LIABILITY
Y/N ~ we sTATU- ^ oTNER "
-
ANY PROPRIET WC 060167007 FL O7/O1I09 O7/O1/1O TORYUMrcs -
OR /PARTNER /EXECUTIVE
CFFICERII.tEMBEp EXCLIIDED9
i
r
d
l
E.L EACH ACCIDENT
$ $2,00O~OOD
n NNI
I
ae
e
wY
N res, aescibe ultler E.L DISEASE - EA EMPLOYEE $ $2,000,000
SPECIAL PROVISIONS Below
E.L DISEASE -POLICY LIMB
$ $2,000.000
OTHEit
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
All worksite employees working for the above named client comparry, paid under ADP TOTALSOURCE, INC.'s payroll, are covered under the above stated policy
The above
named client is an alternate employer under this policy. .
`~~~1~,A'I~~HQLDE ~ ~ QANCELLAT1ON.r
City Of Miami Beach _
- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE~EXPIRATK)N DATE '
1700 Convention Center Drive THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~~ DAYS WRITTEN NOTICE TO THE
Miami Beach, FL 33139 ~ CERTIFICATE HOLDER NAMED TO THE LEFT, BITr FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION
' OR LIABILITY OF ANV KIND UPON THE INSURER, rrs AGENTS OR REPRESENTATIVES.
~, AUTHORIZED REPRESENTATIVE
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