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C2D ,r MIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION; OF CONTRACT TITLE: For.the Purchase and Installation of Fire Station Alerting Systems CONTRACT NO.: 52 -09/10 EFFECTIVE DATE(S): This contract shall remain -in effect for two (2) years from date of contract 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): Control Communications, Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: $138,950.00 t A. AUTHORITY Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on January 19, 2011, 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 the purchase and :installation of fire station alerting systems for the City of Miami Beach, pursuant to City - Invitation to Bid (ITB) No. 52 -09/10 and any addenda thereto, and' Contractor's bid in response thereto (this Contract, the 1TB, 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 52- 09/10. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor for the purchase and installation of fire station alerting systems according to the requirements of the Contract Documents to Eric Yuhr, City of Miami Beach, Fire Chief at 305- 673 -7000 ext. 2801. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required 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. . 1 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. 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 Gus Lopez, Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: Eric Yuhr, Fire Chief City of Miami Beach Fire Department 1680 Meridian Avenue Miami Beach, Florida 33139 For Contractor r Control Communications, Inc. 3650 Hacienda Blvd. Suite C Davie, Florida 33314 Attn: Mitchell W. Gordon Phone: 954- 791 -8040 Fax: 954 - 791 -1772 Email: mgordon(cD-controlusa.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 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 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 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 1 INVITATION TO BID FOR E PURCHASE AND INSTALLATION F FIRE STATION ALERTING SYSTEMS BID 52-09/10 BID OPENING: November 4, 2010 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfi.gov AA 11AMly Certification of Contract IN WITNESS WHEREOF the City-and Contractor have caused this Certification of Contract to be signed and attested on this /� 4 t - -day of r-ebruarL , 2011, by their respective duly authorized representatives. i 4 N RACTOR CITY OF MIAMI BEACH By B 1.11 4 Pre 'dent/ Signature Ma or 2- 1 77 int Name Date 2 Da te AT S ATTEST: Secr tart'/ Signature City Clerk Print Name Date v 2, 17 2�0 l� Date APPROVED AS TO FORM & LANGUAGE & FOR E CUTION � . .. ti F: \PURC\ $ALL \SHIRLEY\contracts \52 -09 -10 Contraol Communications Inc.doc - l tto et' Date i 5 FOR THE PURCHASE AND INSTALLATION OF FIRE STATION ALERTING SYSTEMS BID #52 -09/10 1 Bid Proposal Page 1 o2 COMPANY NAME: - &w - h ? l 4vo;44 CM I C,�, 1 _S 0. We propose to furnish, all materials, equipment labor, supervision, permits, insurance and all necessary for the purchase and installation of fire station alerting systems, in accordance with these specifications. LUMP SUM AMOUNT $ (a) DELIVERY TIME: Vendors shall specify on the attached Bid 'Form the estimated delivery time (in calendar days) and lead time for the supply and installation of the fire stations alerting systems: A D calendar days. (b) Not to Exceed Hourly Labor Rate (Section 2.12): $ For all repairs required after Warranty expiration, at the City's discretion, to be negotiated by the Fire chief or designee. (c) Warranty C?f ' Years for Parts (Section 2.13). * (A minimum of one year warranty) Warranty shall not start until system acceptance. * (Vendor to provide Parts Warranty Terms and Conditions /language) (d) 'Guarantee 00f J Years for Labor (Section 2.13). * (A minimum of one year guarantee) Guarantee shall not start until system acceptance. * (Vendor to provide Labor Guarantee Terms and Conditions /language) , (e) Yearly Maintenance Agreement (Section 2.21): $ - a 0 A per year cost for full service /parts maintenance agreement to commence at the end of the warranty period. This agreement may be accepted at the sole discretion of the Fire Chief or designee. Maintenance price shall include all parts /labor for the entire systems. This agreement shall be for Fife of the system. Bidder must bid on all items listed on Bid Form to qualify for award of the contract. October 2010 Bid No: 52 7 09/10 City of Miami Beach 27 of 35 FOR THE PURCHASE AND INSTALLATION OF FIRE STATION ALERTING SYSTEMS' BID #52 -09/10 Bid Proposal Page 2of 2 PAYMENT TERMS: NET 30. If other, specify here 3 � hc rc� ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED AS PART OF THE BID MUST BE SUBMITTED IN TRIPLICATE. SUBMITTED BY: Oi Ac4-iet/1 IV- r -Ct�vt COMPANY NAME: SIGNED: (I certi f t I am authorized to- execute this proposal and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Amendment No. 1: !t� .rte ' Amendment No. 2: Insert Date Insert Date Amendment No. 3: t� 3' /tl Amendment No. 4: Insert Date Insert Date NAME /TITLE (Print): Mi 6?191- . r ADDRESS: CITYISTATE: ice,, "==f - ZIP: 1 TELEPHONE NO: FACSIMILE- NO: , FEDERAL I.D. #: 66 ' 2 4 1 /4 E -MAIL ADDRESS: 1!J TZbO �`"� -c'� z, �� A-. tin October 2010 Bid No. 52 -09/10 City of Miami Beach 28 of 35 Client#: 90992 CONCO24 AC RD. CERTIFICATE O 2/28/2 LIABILITY INSURANCE DA / 2 8 /2 1 1YYYlO • 011 F THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS IFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE C OVERAGE AFFORDED BY THE POLICIES W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED RESENTATIVE 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 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: Ryan S Cassidy Advanced Insurance Underwriters, LLC PHONE 954 963 -6666 '954 964 1438 3250 N. 29th Avenue MA �o Ext Arc, No Hollywood, FL .33020 ADDRESS: PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Casualty & Surety Co. Control. Communications, Inc. INSURER B: Mt. Hawley Insurance Company PO Box 291740 INSURER C : Lloyds of London Davie, FL 33329 Essex Insurance Com an' INSURER D : p Y INSURERS : Philadelphia Indemnity Ins. Co. INSURER F: - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS. IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED`TO THE INSURED 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. IN OF INSURANCE D POLICY EFF POLICY EXP LIMITS R R POLICY NUMBER MMJDD /YYYY MM1DD/YYYY v A - . GENERAL LIABILITY - `66 10/09/2010 10/09/2011 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X 'COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000 CLAIMS -MADE a OCCUR IVIED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY PRO- LOC $ :E AUTOMOBILE LIABILITY PHPK656624 - 1 1/ 24/2010 1 1/24/2011 COMBINED SINGLE LIMIT ANY (Ea accident) $ 1000,000 . AUTO G BODILY.INJURY (Per person) $ ALL OWNED AUTOS /� BODILY INJURY (Per accident) $ X SCHEDULED AUTOS PROPERTY DAMAGE I $ X HIRED AUTOS �' (Per accident) X NON -OWNED AUTOS $ $ B UMBRELLA uaB OCCUR MXL0369055 40/09/2010 10/09/2011 EACH OCCURRENCE $ 2 , 600 , 000 ' EXCESS LIAB X CLAIMS -MADE AGGREGATE $2,000,000 DEDUCTIBLE $ : RETENTION $ WORKERS COMPENSATION WC STATU- I OTH AND EMPLOYERS' LIABILITY Y LIMIT ER YJN ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If as, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Contents WZ0003586 11/24/2010 11/24/2011 *See descriptons D Gara a Liab BR522750 11/2412010 11/24/2011 * *See descriptions DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City Miami Beach is listed as Additional Insured. RE: Bid #52 -09110 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE , 1700 Convention Center Drive THE EXPIRATION *DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Davie, FL 33314. AUTHORIZED REPRESENTATIVE m1'988 -2009 AC RD CORPORATION. ;AII rights reserved. ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S726072/M720917 JOM l . ....:!..: :. ..:.'. R .......... ........ ......... ............. ......... ......... . ............. .. ...... :.:::: .,-*_. - - ......... . ..... ................ . .......... .. .......... ..................... ............. ................... . ... ..... ...... . .. . .. ... ................... ........... __ ......... ..... .... ...... ...... .......... . . . . . ... l ;;ppaa^^ 0 ......... . ........... Loc #1: 3650 Hacienda Blvd, Ste C, Davie, FL 33314 *CONTENTS; $300,000 Special Form -90% Coinsurance- Valuation - Replacement Cost-5% Wind & Hail /Ded: $1,000 AOP *"GARAGE LIABILITY; Each Accident Auto Only: •1,000,000 /2,000,000 Autos in insured's care, custody.& control. Garage Liability Deductible: $500 PD per Accident; $1,000 Completed Operations per Accident Garagekeepers Other Than .Collision: Limit Loc# 1: 200,000 Ded Per Auto: 1,000 Max Ded Per Loss: 12,500 Garagekeepers Collision: Limit Loc# 1: 200,000 Ded Per Auto: 1,000 AMS 25.3 (2009/09.) :2 of 2 #S726072/M720917