Apex Pest Control MIAMIBEACH I
Cpl.
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: To Provide Pest Control and Fertilization Services
CONTRACT NO.: 26 -10/11
EFFECTIVE DATE(S): This Contract/Purchase Order 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 of the parties for two (2) additional
one (1) year terms.
SUPERSEDES: ITB N6.11-06/07
CONTRACTOR(S): Apex Pest Control, Inc.
ESTIMATED ANNUAL CONTRACT AMOUNT: $59,987.20
A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on September 14, 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, pest control and fertilization services,
pursuant to City Invitation to Bid No. 26- 10/11. and any addenda thereto (the ITB), 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 26- 10/11.
D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any
failure of Contractor's performance (or failure to perform) 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.
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 Contractor 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.
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Certification of Contract
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, or services 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) and /or work 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 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.
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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:
Duane Knecht, Property Management Director
City of Miami Beach
Property Management Department
1245 Michigan Avenue
Miami Beach, Florida 33139
For Contractor
Apex Pest Control, Inc.
5335 La Gorce Drive
_ Miami Beach, Florida 33140
Attn: Peter Eldridge, President
Phone: 305 - 866 -7721
Fax: 786- 216 -7292
' E -mail: pete(a)-apexpest..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.
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.
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Certification of Contract
N. APPLICABLE LAW AND VENUE - This Contract and /or the Contract Documents shall 1
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 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; and /or (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 Contractor have caused this Certification of Contract to
be signed and attested on this o23 day of Seje 4 6& 2011, by their respective duly
authorized representatives.
CONTRACTOR CITY OF MIAMI BEACH
B •' B
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resi ature ayor
Print Name Date
Date
ATTEST: ATTEST:
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Se retary/ Si 'na'ture City Clerk
Print NameO Date
Date
F: \PURC \$ ALL\ SHIRLEY\contracts \ITB- 23 -10 -11 Apex Pest Control.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR ECUTIOIet
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torne Date
5
PROVIDE PEST CONTROL AND FERTILIZATION SERVICE
BID `# 26 -10 -11
Bid Proposal Page 1 of 2
We propose - to furnish all labor., tools, equipment, transportation, permits, licenses, services and
incidentals necessary in order to provide Pest Control and Fertilization Services for the City of
Miami Beach, in accordance with Bid Specifications, as follows:
.Job Classification Est. Hours Labor Rate Total /Annual
ear (per hour
Pest Control Technician 2080 x $ Sg 7
(include costs for (8 hrs /day x 5 days /week)
supervision, equipment and
support services
ESTIMATED ANNUAL'TOTAL: CS-9 9 5 7_ v
(Based on a 40 hour work week)
� w e.� ?c Z o �s = - n i �1 e ` o u SG q► A W t v,4fe e,
p U (WRITTEN AMOUNT)
A
NOTE: THE CITY WILL PAY THE CONTRACTOR, THEIR COSTS INCURED (VENDOR COSTS)
FOR ANY /ALL MATERIALS REQUIRED THAT WILL NOT BE PROVIDED BY THE CITY.
NOTE: BIDDERS .SHALL SUBMIT THE HOURLY LABOR RATES FOR "REGULAR WORKING
HOURS ". -HOURLY LABOR RATES FOR OVERTIME WILL BE NEGOTIATED - BY THE CITY
MANAGER, OR HIS DESIGNATED REPRESENTATIVE, AND WILL NOT EXCEED AN. HOURLY
.LABOR RATE OF THE BIDDERS REGULAR HOURLY LABOR RATE AND ONE HALF. ( "TIME AND
- A HALF ") SHOULD ADDITIONAL WORK BE REQUIRED DURING REGULAR WORKING HOURS,
(SECTION "2.16) THE CONTRACTOR WILL INVOICE THE CITY, "THE SAME HOURLY LABOR
RATES AS SUBMITTED IN THE ABOVE BID FORM.
PAYMENT TERMS: NET 30 If other, specify here
ANY LETTERS ATTACHMENTS, ORADDITIONAL INFORMATION TO BE CONSIDERED AS
PART OF THE BID MUST BE SUBMITTED IN TRIPLICATE.
SUBMITTED BY: r c. ce S eJ
COMPANY NAME: S T' (2,, 4 l 1 C-
SIGNED:
(I certi at Orn authorized to xecute this proposal and
co It the idding firm)
6/1/2011 44 of 46
City of Miami Beach ITB 26 - -
TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE
:BID # 26 -10 -11
Bid Proposal Page '2of 2
Bidders _must acknowledge receipt of addendum (if applicable).
Amendment No. 1: s Lz i Amendment No. 2:
sert ate Insert Date
Amendment No. '3: Amendment No. 4
Insert Date Insert Date
NAME/TITLE (Print): L4e
r . 4W_ S �'C�
ADDRESS: X3 S A �v /ct Del
CITY /STATE: #//A" 1 ae / zlP: 3 3
TELEPHONE NO: 3 a S' V &(o -77,7 �
FACSIMILE 'NO: 7�r -off /Co 70 A _
FEDERAL I.D. #: 3 �5
E-MAIL ADDRESS: , to C
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8!112011 fTB 26-10
city ot:M►ami Beach,