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Personally Yours Lawn Services, Inc. (Mowing) MIAMI BEACH. CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT ,gyp TITLE: For Citywide Lot Clearance Services V 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): Personally Yours Lawn Services, 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. 1 1- Ev R ' T 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. i 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 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 Personally Yours Lawn Services, Inc. 9660 Dunhill Drive Miramar, Florida 33025 Attn: Mark Streeb Phone: 954 -436 -1362 Fax: 954- 436 -1362 E -mail: persnlyyrslwnser@aol.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. 3 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 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. 0. 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. 4 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this o 7Wk day of JJ 20 I`Z,. by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By By President/ Sign ture M yor Print Name Date ORATED.` Date - ATTEST: ATTEST: , Secretary/ Signature City Cler e ecc_a L 5 /1 -7/1 Print Name Date Date F: \PURL\$ ALL \SHIRLEY\contractsliTB- 21 -11 -12 Personally Yours.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION J0, �zcz City Attor Date 5 1 �rclm:Sautheast Insurance 06/20/2012 13:15 #167 P.0011001 AC-C:>R !� CERTIFICATE OF LIABILITY INSURANCE DATE(, 11 MIDDIYYYY) 06!20112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER- W if me cehOlcatenotder is an ADDITIONAL INSURED, the policy(iesi must be endorsed. If SUBROGATION IS - WAIVED, subjectto the terms and conditions of the policy, certain policies may require an endorsement. A statement on this esrtlfieate does not confer rights to the certificate holder in Il of suc endorseme PRODUCER CONTACT ......... .. ___. -. .. ._. MaSSi.l'ID FUldni en SCUthP. eiSt Insurance A PHONE v 9 lwC. Nu. Est}:.. `g) 680- 225E� Q54' 68-3208 eaC, I.oY 0 (- � 8 . - ... 51'01 S University Drive Suite K E -MAIL scutheas:insu any�bel cu8l.ne; 1, ADORES: , ... i?avie. FL 33328 _ -- ---- -- INSURrR(SIAFFORU[,NGCOVERAGfl aalca rhona (954 680 -2255 Fax (954) 680 -3208 - ENSURER f� : FEDERATED NATIONAL INSURANCE COMPANY . .... INSURED _ - _ ..._._.-------- -- --- INSURER B; - Pe. Yours Lawn Service, Inc 11.sU�E�c: 9'00 Clunhilt Drive INSURER 0 : MIRAMAR, FL 33025- r n - INSURER e, :. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ' 11 !S TO CERTIFI THr':i THE POLICIES OF IN5URP.NCE LISTED 3 °_LO`N HAVE @EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD \LIC,P.TEO. NOTWITHSTANDING ANY REQII:REMENT. TER'di OR CONDNION OF ANY CONTRACT 02 OTHER DOCUMEW WITH RF_SPE :T TO WHICH THIS CERTIFCArE MA'e BE ISSUED OR MAY PERTA N, THE INSURANCEAFzORDED SY THE POLICIES DESCRIBED HEREIN IS SUB "_ECTTO ALL THE TERMS, E XCLUSIONS ANC CQNDiTIONS OF SUCH POLICIES. L;M1TS SHOWN MFY HAVE BEEN REJ'JCED BY PAID CLAIMS. `:SR. ADUI:+UB2 POLICY L-FF POLICY EXP ... ..__.. _ — _._ -__.. .... .. .,._ 'L1A - -. -. TYPE OF IR5URANCE INS ,.1YIt:1?.. _ POLICY NUMBER - - iNtMiDD: WYYt: MMlDDlY1IW� Ua7:1 "S -- - GENERAL LIAa1LnY . —.._ __..._ ..._ . EACH OCCURRENCE ,.- ,.. , S 1,000,000.00 e D.4M1AF.G= TO RENTED ItE COMMERCIAL. GiNERAL LIA31F.rrY PREMISES. {F:, owurrence': _ 5 100,000.00 . t� ❑ CLAMS-,MADE G' OCCUR ' GL- OODODO7[7a -U1 MED EXP tAi� orta oar,n�' S 5;000.00 _ ..._... Y 04/12i2C12 C.4112/2013 _...... . ...... .. ....... - _ :-- '-- ._..... .. �-= ..._....- --- .- - - -. -- ---- ------ , ' PERSCNA- 3 ADV INJURY £ 1 .000 ,000.00 GHNEP,AtAGGREGgI'E F 2.000,0:0.0() . Grt L AGGREGA'E LIMIT APPLIES PER' PRODUCTS - :;OMP /CP AGG =, 1 C PRCT C . LUC __- — _- .��_-- - -' --- .......... __._- __.._.. .... $ - AUTOIWOBILE LIABiL1T'Y -- -- -.v. CO MBINED SINGLE LIM11 .. - -._-- _ - ---- -._...__.�.. �j ANYAUTO BODILY INJURY(Perpe;scn; 3 ALL OWNED SCHEDULED __... ..__. i✓ AUTOS ❑ AUTGS BODILY INJURY (Per acddeni) b E NON - OWLET ?RijPEFZTY DAJL,4Gc .. HIREDAUTOS L AJTOS i ` ED S i 1 UNERELLA LLAB ❑ OCCUR EACH CCCURR =N E S II EXCESS UAB . _......-- - -... -. -- --.. .. , _.. _.... _.. AGGREGAlle ❑ GGC " ❑ RE7ENTIUNS --. _.. — -- .._-.......,._;__........_ _ ......- -._...... -_.. WORKERS COMPENSATION � _ ���^ Wi:SIAIU - - � �0'fH- - - - �� AND EMPLOYERS LIABILITY YIN <- .70RY LIKTS L1.ER ....... __....... ....._........ - At:Y PROPRIETCRJPAR ?NERJEX!:CUTIVE CFFiCER/tUEMSER EXrLJDED? E.L. EACH O.CC!DEWT 3 tl.Aendatory In NH) E.L. DISEASE - EA EMPLOYEE £ I' w. de5Gi.e unOer ._.... ...... _. -.._ __...__.... _.... ......_. _ __ .. DSCRiPTIvN OF UPEP.ATIONS bsknv E.L. DISEASE - POLICY LIMIT S 0, CR1nT1ON OF OPERATIONS: WCATiONS a VEHICLES 7Attach ACORO 101, Additionat Rarnarks ScrieduII,,;?More spate Is required} 610 # I T B -21 11112 FOR CITYWIDE LOT CLEARANCE SERVICES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF MIAMI BEACH THE EXPIRATION DATE THEREOF, NOTICF- WILL BE DELIVERED IN 1700, CO-WENTiON CENTER DRIVE ACCORDANCE WITH THE POLICY PROVISIONS. MIAMI BEACH, FLORIDA 33139 r .. ..,. .. ,.. _ ......__ _.... AU, hOR1ZEC REPRESENTATIVE MASSIMO PULCINI 1986 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010!05) QF The ACORD name and logo are registered marks of ACORD Fax Server 6/19/2012 Z : 39 : *Z PM PAG1✓ r ax Server SOUTHEAST INSURANCE 5001 S UNIVERSITY DAVIE, FL 33328 1- 954680.2255 Policy numlber. 04367034 - 6 Underwri«en by: PROGRESSIVE EXPRESS INS COMPANY June 19, 2012 Page 1 of 1 Cer��ficate of Insurance r-" Pat HW&F Imumd Apnt ................................................................................................................................................................... ............................... Additional Insured MARK STREEB SOUTHEAST INSURANCE CITY OF MIAMI BEACH 9660 DUNHILL DRIVE 5001 S UNIVERSITY K 1 700 CONVENT 10 MIRAMAR, FL 33025 DAVIE, FL 33328 MIAMI BEACH, FL 33139 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the Policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. ............................................................................................................................................. ............................... Policy Effective Date: Jul 22, 2011 Policy Expiration Date: Jul 22, 2012 aosaram coverage(s) Laafits .............................................................................................................................................. ............................... BODILY INJURYJPROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT PERSONAL INJURY PROTECTION $10,000 ' /$0 DED NAMED INSD & RESTIVE Description of l ocationNeMcles/Special Items Scheduled autos only ........................................................................................................................................... ............................... 2006 CHEVRO LET EAPRESSG25001GCG %25VO61100810 Stated Amount $24,000 COMPREHENSIVE $500 DED COLLISION $500 DED Certificate number 17112NET834 Please be advised that additional insureds and loss payees will be notified in the event of a avid -term cancellation. Form 5241 (10,41)