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SFM Services CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Grounds Maintenance Services . for the' Northshore /Washington Avenue Areas a CONTRACT NO: 20 -09/10 EFFECTIVE DATE(S): ;This contract shall commence the day after award by the Mayor and City Commission (June 9, 2010). The maintenance period shall begin 5 days after receipt of a notice to proceed, and end on June 8, 2013. The City of Miami Beach has the option to renew the contract at its sole discretion for an additional two (2) year period on a year to year basis. SUPERSEDES: RFP 09 -05/06 CONTRACTOR(S): SFM Services, Inc. ESTIMATED ANNUAL CONTRACT AMOUNT; $85,002 (Group B Normandy Business and Residential Areas) A.' AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida,. on June 9, 2010, 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 for ground maintenance services for the Northshore /Washington avenue areas for the City of Miami Beach, pursuant, to City Invitation to Bid (ITB) No.. 20-09/10 and 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 20- 09/ 10. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure 'of Contractor for Grounds Maintenance Services for the Northshore /Washington Avenue Areas according to the requirements of the Contract Documents to Kevin Smith, City of Miami Beach, Parks and Recreation Department Director at 305- 673 -7000 ext. 6643 F 4 Certification of Contract 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. 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 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 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. T. 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. 2 r Certification of Contract r 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'preserit, 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: Kevin Smith, Parks & Recreation Director City of Miami Beach Parks & Recreation Department 2100 Washington Avenue Miami Beach, Florida 33139 For Contractor SFM Services, Inc. 9700 NW 79 Avenue Hialeah Gardens, Florida 33301.63 Attn: Christian Infante, Vice President Phone: 305- 818 -2424 Fax: 305- 818 -3510 E -mail: cinfante(a),sfmservices.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. Certification of Contract City's failure to enforce any provision of the Contract Documents shall not bey 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 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. r ti . 4 ry Certification of Contract IN WITNESS WHEREOF the'City and Contractor have caused this Certification of Contract to be signed and attested on this Q64k day of � a 20 by their respective duly authorized representatives. 4 r CONTRACTOR CITY OF MIAMI BEACH 1 By B P e g i nature ___- -- - - -- - -- - -- -._ , . Jonah Wolfson \ Vice -Mayor Print Name j Date D to ATTEST: ATTEST: F / ignature City Clerk Print Name lbate Dat F: \PURC \$ALL \OLGA\BID\BIDS 09- 10 \ITB 20 -09 -10 GROUNDS MAINTENANCE SERVICES FOR THE NORHTSHORE WASH. AVE. AREAS \Contract\20 -09 -10 SFM:doc APPROVED AS T4 FORM & LANGUAGE & FOR EXECUTION ` City Attorne Date t (� 5 r GROUNDS MAINTENANCE SERVICES FOR -NORTH SHO RE/WASH INGTON AVENUE AREAS ITB No. 20 -09 =10 Number r GROUP "A" - NORTH BEACH Cost per. of Additional BUSINESS AND RESIDENTIAL AREAS service Services weekly litter Annual Total 1. Allison Island $ 30 2. Collins Ave. 6900 75t St. $ 5�„ 30 1 $ 3. Public Beach Accesses $ 30 4. Ocean Terrace $ �.,. 30 5. 63 St. $ .L G: . S3 30 1 $ g CIO 6. Indian Creek Medians and Swale $ y $ Plantings. �} 30 1 -7. 64 St Parki Lot Swale $ 30 1 $� ZiIvcfv S. 67 Street $ TJ 30 1 $ b 9. Collins & 72 " St. Parking Lot Swale $ 30 1 $ ..7 10. 75 Library $ -9S 30 l $ 1 4 &1q. �Q 11. 71" St. Sidewalk Planters $ Z�. I � 30 1 $ 12. 75 Street $ 1 CtO 30 1 $ 13. 77 Street $ 30 1 $-� ` Addition Band Shell Park $ 36 1 Addition - Harding Ave. Bump Outs $ ��, 00 30 1 to TOTAL GROUP "A" Annual Total . - .? ., .. .; a.. :w,- t?s:. s,.�r. M� „ e �.'.xFies-3. s:.. ., xa_ x _ • ' Number l GROUP "B" -NORTH BEACH Cost per of'" Additional BUSINESS AND RESIDENTIAL AREAS service Services weekly litter Annual Total 14. Trouville Esplanade Medians and $ $ Street -ends A5 30 1 to_2 15... Marseille Dr $ Jlfl ,77 30 16. Rue Grandville $ 30 7.7 1 $ 2� C � tir 17. Verdun Dr. 30 1 $ _ 18. Bay Dr. West $ L40 30 0 19. Biarritz Dr. Street -end $ 30 1 $ ' 20.- Biarritz Dr $ , " 3 30 - 21. Rue Bordeaux South Street -end $ e- Z $ `Pocket Park "_ 30 1 1 1S 22. Rue Notre Dame Street -end Park and $ $ swales j S�j, 30 1 �77d 23. Rue S &1 s$!c> 30 24. Normandy Fountain Triangular $ $ medians 2 - 7 T," 30 25. Normandy. Business District $ 4� 30 ti 26. Bridge on Bay Dr $ 30 1 $ 27. North .Shore Dr. Bump-outs $ W a„ ' ZDJ 30 28. Fairway Dr. $ .C) 30 29. South Shore Dr. Bum -outs $ .�7 30 30. Vardon St. -end $ p" 30 1 $ _S 0q .ZQ 31. Mitchell St. -end $ �_ "] 30 1 $ . d i 0 - 32. Sarazen St. -end $ 1.$ ;z,- 30 1 $ 33. Biarritz/North Shore Dr. $ 30 1 $ 34. Biarritz Bride $ . 30 U 35. Jones Street -end , $ 3 -q 30 36. Hagen Street $' 30 37. Calais Drive $ 30 Addition - South Shore Drive - $ g TOTAL — GROUP . "B" Annual Total $ .,_. -, . +a •m r,,. ; .. f. ca,¢s _. ,_ r r� -.: V . :: • gY • i_., - .,ys r 4 s ",. _/ sS - - y `.. . •;. ,ASS s• .r- �`, z'�S "Y'.�. � ���•,.'� �-' � � x`'�,��. ;��, ��,�� "i��,�. lid-`/ 3' v �a >;�� �•��� � i, . ".a? sz.s„�iels.�l P Number GROUP "C" 41 St / WASHINGTON Cost per of Additional AVE. STREETSCAPES service Services weekly litter Annual Total 38. 41 Street $ S� �` 30' 1 $ (02041 39. Washington Ave. $ ' m , 30 1 $ 40. 3 St. Streetsca in $ ,cf 30 1 $ � 41. Espanola Way Shopping Distract $ s.Z . `30 . 1 $ c t if (2) Pinet v 42. Pump Stations ree /LaGorce $ $ 51 St. t 30 1 ©� o 43. Pump Station #28 $ . 7 � 30 44. Pinetree Dr. Medians $ E, -7.,Z 30 1 $ b o . 45. Nautilus Middle School Streetsca in $ & ,cg 30 1 $ Li 46. Publix Retail Center $ Z 30 1 $1 � .. TOTAL - GROUP "C Annual Total $ ' `o ;�� a. , s I ' a» "'r�. „ � �n-;t 'ms 'u ._?:••:. :,l.1�-:c_ag �"a «..tom- ?.._.: .x..s _. -� ,. :.- .<;r""w. :, .r..'.�x"• ak_" GROUNDS MAINTENANCE SERVICES FOR THE NORTHSHORENVASHINGTON AVENUE AREAS 1TB.No.20 -09 -10 Bid Proposal Page 1 of 3 COMPANY NAME: a C�`V~ We propose to furnish all labor, tools, equipment, transportation, permits, licenses, services and incidentals necessary in order to provide Grounds Maintenance for the City of Miami Beach, in accordance with Bid Specifications, as follows: ANNUAL GRAND TOTAL: ' $ City of Miami Beach ITB 20 =09 -10 59 of 129 FEBRUARY 8, 2010