Metro Trucking Co., Inc.GAF
m MIAMIBEACH 9/9/9
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: For Removal and Disposal of Construction Debris and Asphalt
CONTRACT NO.: 35-08/09
EFFECTIVE DATE(S): September 9, 2009 through September 8, 2010, with two (2)
additional one (1) year renewal options.
SUPERSEDES: ITB 20-04-05
CONTRACTOR(S): Metro Trucking Co., Inc. (Primary)
ESTIMATED ANNUAL CONTRACT AMOUNT: $116,000
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 Removal and Disposal of Construction Debris
and Asphalt, pursuant to Invitation to Bid (ITB) No. 35-08/09 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 35-
08/09.
D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any
failure of Contractor for removal and disposal of construction debris and asphalt
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. !n 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.
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 parry shall be entitled to assert a claim against either of them based
upon this Contract and/or the Contract Documents.
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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
Gus Lopez, Procurement Director
Citv of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach. Florida 33139
With copies to:
Fred Beckmann. Public Works Director
Citv of Miami Beach
Public Works
1700 Convention Center Drive
Miami Beach. Florida 33139
For Contractor:
Metro Trucking Co., Inc.
2225 West 78 Street
Hialeah. FL 33016
Attn: Greaorv A. Martin, President
Phone: 305-824-1423
Fax: 305-824-1243
Metrotruckinpcomt'a~bellsouth.net
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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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Certification of Contract
IN WITNESS WHEREOF the City and ontractor have used this Certification of Contract to
be signed and attested on this ~~ay of 200~~,, by their respective duly
authorized representatives.
CITY OF MIAMI BEACH
APPROVED AS TO
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