Jerry's Custom Landscaping MIAMIBEACH
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: For Citywide Lot Clearance Services
CONTRACT NO.: 21 -11/12
EFFECTIVE DATE(S): This Contract shall remain in effect for four (4) years from date of
Contract execution by the Mayor and City Clerk and may be renewed,
at the sole discretion of the City, through its City Manager, for three
(3) additional one (1) year term.
SUPERSEDES: 31 -08/09
CONTRACTOR(S): Jerry's Custom Landscaping, Inc. (Mowing)
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 June 6, 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 for citywide lot clearance services for
the Code Compliance Division, pursuant to City Invitation to Bid No. 21 -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 21- 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 City of Miami Beach, Stephen Scott, Building Director at
305 - 673 -7000 ext. 6824.
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
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
Jerry's Custom Landscaping, Inc.
6636 S.W. 33 Id Street
Miramar, Florida 33023
Attn: Jerry Joseph, President
Phone: 1- 866 - 342 -1052
Fax: 786- 207 -4393
E -mail: ierrycustominc&bellsouth.net
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
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 art may have to a trial b 'u of an civil litigation related
p y y y � ry to, or arising
Y g
out of the rac a nd/or Con t t o d/o the Contra D o cu ments.
ct 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 ic t day of ,� wN , 20 12 , by their respective duly
authorized representatives.
CONTRACTOR CITY OF MIAMI BEACH
By B
Pres' ent/ Signature M yor
Print N me Date
Date
ATTEST: ATTEST:
Secretary/ Signature City Cler k--- - '
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Print Name Date
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Date
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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MIANAIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamiheaJ&gov
PROCUREMENT DIVISION
Tel: 305 -673 -7490 Fax: 786 - 394 -4011
June 19, 2012
RE: ADDENDUM NO. 1 TO INVITATION TO BID (ITB) NO. 46 -11112 FOR THE
PURCHASE AND INSTALLATION OF PUBLIC SAFETY LIGHTING AND
EQUIPMENT ON CITY POLICE VEHICLES
The subject ITB is hereby amended as follows:
Under section 2.0 Special Conditions, Warranty: 2.11 should read:
The successful bidder will be required to warranty all work performed and equipment
supplied for a period of not less than one year. Option (s) for extended warranty shall also
be bid.
Issues raised or discussed at the pre -bid meeting are hereby incorporated and made
part of ITB No. 46- 11 -12:
Information on Havis:
PKG -PSM -241 Heavy duty mount package with short handle, for 2013 Ford Interceptor
Sedan
• Premium PKG -PSM includes a vehicle specific base plate, heavy -duty pole with height
adjust handle, swing arm motion device with tilt - swivel and stability support arm
• By bundling all of the necessary parts in one sku we have simplified the ordering process.
• Vehicle specific mounting base mount to existing OEM seat bolts for easy installation (C-
HDM -141)
• Heavy duty height adjustable poles bolt to vehicle specific base. precision machined parts
eliminate metal -to -metal contact and allow for smooth movement during height
adjustment (C -HDM -202)
• Swing arms with motion adapters are ideal for computer usage from both the driver and
front passenger seats. (C-MD-1 02)
• Stability support arms add upper pole support for premium top level stability (C -HDM-
401)
Website:
http: / /www.havis.com /products /PKG BASE VMT HDM W SHRTHNDL INSE 201
3- 41826- O.html
April 17, 2007 ITB 24 -06/07 Athletic Uniforms
City of Miami Beach Addendum No. 1
Attached is parts breakdown of package,
Information of Whelen"
Whelen Liberty Premium SX low- current 48" iightbar, with extended LED corner modules,
fully populated LED inboard modules, two flashing /steady burn Super -LED takedown lights,
two flashing /steady burn Super -LED alley lights, clear outer lens and MKEZ76 mount kit for
Ford Interceptor Sedan. Colors of the LED's in lightbar are Red one side, Blue the other.
There may be amber in the rear, but the specific configuration of colors can be determined
at time of order.
Line 22: GS1 This part number has been factory discontinued
Line 23: DS1 This part number has been factory discontinued
Line 24: TLN2RB This part number has been factory discontinued and replaced by:
AVN2RB **
Line 25: TLN11 This part number has been factory discontinued and replaced by:
AVN1J **
CITY OF MIAMI BEACH
Raul Aquila, Chief Deputy City Attorney
For Procurement Division
November 3, 2006 ITB 13 -06/07 Public Safety
City of Miami Beach Addendum No. 1