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Miami Inspection Services, Inc.
...nom MIAMI BEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Elevator Inspection Services CONTRACT NO.: 33- 11/12 EFFECTIVE DATE(S): June 1, 2012 through May 30, 2013, and may be renewed, at the sole discretion of the City, through its City Manager, for two (2) additional one (1) year term. SUPERSEDES: ITB No. 13 -08/09 CONTRACTOR(S): Miami Inspection Services, Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on May 9, 2012, 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 elevator inspection services pursuant to City Invitation to Bid No. 33 -11/12 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 33- 11/12. 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 Stephen Scott, City of Miami Beach, Building Department Director at 305 - 673 -7000 ext. 6284. 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 written consent of the City. 1 Page 2 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 See Appendix "A'. 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 287.13.3, 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 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. L 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 ijocurnenis. 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 acknowledgrrient 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 Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor Miami Elevator Inspection, Inc. 2780 S.W. 87 Avenue, Ste. 110 Miami, Florida 33165 Attn:'Jorge Fernandez (Owner) Phone: 786- 206 -3086 - Fax:786 -206 -3086 - E- mail: miamielevatorinspecton (a gmail.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. j 3 Page 4. 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. Certification of Contract IN WITNESS WHEREOF City and Contractor have caused this Certification of Contract to be signed and attested on this I day of 20 j by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By 1 - By Pr�jident/ Signature (ayor -31-12- J Print Name' Date `.INCORP ORATED -` ate ATTEST: ........... �'` cretary/ Signature City Clerk SLR J ��iCiY1V \c � l7t' VQ i'� n - 7 Print Name Date 5 zI 1 Date FIPURC \$ALL \Cristina \BIDS \11- 12 \ITB 33 -11 -12 Elevator Inspection Services \Contacts \Miami Elevator Inspection.doc APPROVED AS TO FORM & LANGUAGE I �& Fr) ECUTION City ttornei� a 5 NSA" _eLE%,&T0R INSPECTIONS i CONSULTING 2780 SW 87` Ave. Suite #110 Miami, Fi, 33165 Phone: (305)553 -5004 Cell: (786)229 -8691 Fax: (786)206 -3086 April 10, 2012 To the City of Miami Beach, Being in the Elevator. Industry since .1992, has allowed me to obtain a vast experience in construction, - modernizations, alterations and service. With my solid education and background experience in the Elevator Industry, I founded Miami Elevator Inspection. We have been operatingslnce'2007 and have applied all of my experience to the Inspecting side of the field. I have been working with the City of Miami Beach, as well as in the private.sector, to ensure the safety of Elevator Transportation to the public. Miami Elevator Inspection is a company that is conveniently located in - the Miami area which has the capability of Inspecting and coordinating each inspection accordingly, with the different elevator companies within short notice. We have been performing the Inspections forthe City of Miami Beach with great success for the past three years. Sin rely, rge F,4nandez (CEO) INVITATION TO BID (ITB) No. 33 -11112 - ELEVATOR INSPECTION SERVICES BID FORM COMPANY NAME: We propose to supply all labor, materials, tools, and equipment necessary to provide elevator. inspection services the City of Miami. 4. TRACTION ELEVATOR SYSTEM BID 1: PERIODIC INSPECTIONS PRICE -Per unit/inspection $ n Q w Incomplete inspection $ no BID 2: WITNESSING OF TEST CAT.1 Per unit/test $ ©� Incomplete test $ O � BID 3: WITNESSING OF TEST CAT. "5 Per unit/test DO Incomplete test $ " BID 4: COMBINED PERIODIC INSPECTIONS AND WITNESSING OF TEST CAT.1 Per unit/both reports $ r �d Incomplete reports $ ©� 11. HYDRAULIC ELEVATOR SYSTEM BID 5: PERIODIC INSPECTIONS O� Per unit/inspection $ Incomplete inspection $ BID 6: WITNESSING OF TEST CAT. `1 � c7 Per unit/test $ �r Incomplete test $ �� BID 7: COMBINED -PERIODIC INSPECTIONS AND WITNESSING OF TEST CAT.1 Oc7. Per unit/both reports $ /� e Incomplete re ports 111111. ELEVATOR COMPLIANCE INSPECTION Fee for combined Compliance Inspection Report with action AP or DN.and new� 5 Periodic Inspection Report as per description above $ Fee for each Compliance Inspection, with action AP or DN without any new violation Periodic Inspection Report as per description above $ TOTAL PAYMENT'TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: COMPANY NAME: SIGNED: ( rti hat 1 am authorized o execute this bid and ommi the bidding firm) Bidders must acknovAedge receipt of addendum (if:applicable). / Addendum No. 1: Addendum No. 2: f �_ sect Date lfiserg.Date Addendum No. 3: Addendum No. 4: J3 IZ I nsert Date Ise Date Addendum No. 5: Addendum No. 6: Insert Date Insert Date NAMEITITLE(Print): ert�G�v�c�e2 �� ✓t�r� ADDRESS: CITYISTATE l a.M 1 ZIP: 9 3 1(0 j TELEPHONE .NO: ZZ°( '" < 0 7 (o� FACSIMILE NO: 1 ) 02� '. FEDERAL I:D. #: SIGNED: