Dana Safety Supply, Inc. MIAM[BEACH
CITY ;OF MIAMI BEACH
y CERTIFICATION - OF CONTRACT
TITLE: For the.Purchase and Installation of 'Public Safety Equipment on City
Vehicles
CONTRACT'NO.: 46-11/12
EFFECTIVE DATE(S): 'This Contract shall remain in effect for two (2) 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: 13 -06/07
CONTRACTOR(S): Dana'Safety Supply, Inc.
ESTIMATED ANNUAL "CONTRACT AMOUNT: .$313,458
A. AUTHORITY - Upon affirmative action - taken by the Mayor and City Commission of the
.City of Miami 'Beach; - Florida, on July 18 , 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 the .purchase -of public .safety
equipment on City vehicles, - pursuant - to City Invitation to :Bid No. 46 =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
asthe "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 City of Miami;Beach Contract Number46- 11/12.
D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report .any
failure of Contractor's performance (or to:perform);accordingto requirements
of :the Contract ..Documents 'to City of 'Miami 'Beach, .Jay Fink, Public Works Assistant
Director at .305= 673 -7000. ext. 6319.
E. 'INSURANCE CERTIFICATE(S) -The Contractor :shall `file Insurance Certificates, as
required,: which -must be.signedby : a-Registered'Insurance Agent licensed in State.of
Florida, -and :approved by .the .City of `Miami Beach Risk Manager, prior to delivery of
supplies and /or commencement any services /work "by Contractor.
F. ASSIGNMENT AND PERFORMANCE •- "Neither Contract nor any interest herein
-shall :be .assigned, .transferred, or encumbered by .Contractor without the prior written
consent of City. In addition, .Contractor shall not .subcontract delivery of supplies, or
an,y.portion of work 1-and/orservices -required - .by , the Contract'Documents without - the prior
written consent of the .City. f
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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, 10 adequately j
and competently provide /perform same, or services to City's satisfaction,•for agreed '
compensation.
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Contractor shah 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 fora 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 r Statutes, for
category .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 zservic6s, 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 gas .set forth herein until changed in writing
- in the manner provided in this .section. For the present, the parties designate - the
following:
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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
MiamiBeach, Florida "33139
For Contractor
' Dana Safety Supply, Inc.
1779 N.W. 791th Avenue
Miami, .Florida.33126
Attn: William E. Barn hart, = General Manager
' Phone: 305- 639 -6055
Fax: 305- 639 -6056
E -mail: bbarnhart(a ldss.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 1erm hereof.
City's failure 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 be a modification of the :terms of this-Contract.
M. ' SEVERANCE - In the event - a .portion of 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 -shalFbe made within seven
(7) days.after the finding 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 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 - lNo 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 ?_o day of 2011-, by their respective duly
authorized representatives.
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CONTRACTOR CITY OF MIAMI BEACH
By B
PresidenV Signature ayor
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P int Name �` ' ....... ''-<J0 Date
Date INCORP )ORATED:
ATTEST:% : U��_ ATTEST:
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Print Name Date
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F:\PURC\$ ALL \SHIRLEY\contracts\[TB- 46 -11 -12 Dana Safety.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorn Date
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