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Adventure Environmental Inc. Certification of Contract MIAMIBEACH CITY OF MIAMI BEACH i q CERTIFCATION OF CONTRACT I TITLE: For Waterway Resources Maintenance Services CONTRACT NO.: 61-11/12 EFFECTIVE DATE(S): The initial term of the contract shall remain in effect for two (2) years. This contract may be extended, upon the same terms and condition, at the sole discretion of the City, through it City Manager, for three (3) additional one (1) terms. SUPERSEDES: 12-05/06 CONTRACTOR(S): ADVENTURE ENVIROMENTAL, INC. ESTIMATED ANNUAL CONTRACT AMOUNT: $115,999.92 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on November 14, 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 waterway resource maintenance, pursuant to City Invitation to Bid No. 61-11/12 and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractors 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 61-11/12. 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, Alberto Zamora, Public Works Sanitation Director at 305-673-7000 ext. 3541. 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 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. 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 Ci Alex Denis, 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: Adventure Environmental, Inc. 12895 S.W. 871h Avenue Miami, Florida 33176 Attn: Christopher, L. Colarusso Phone:305-254m8887 Fax: 305252-5962 E-mail: adventure(aaAaei.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. 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. 4 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused-this Certification of Contract to 'be signed and attested ' '26"' day of November, 2012- by their respective duly authorized representativ CO TRA R CITY OF MIAMI BEACH By By . Pr ident/ Signature Mayor Christopher L. Colarusso Print Name. '��k „8 ate 26 NoVember 2012 • ``` Date Akr ATTEST: �.INCORP OWED:` ST: � 1 Secretary/ Signature C City Clerk M 2� Gregoly Tolpin . I Z Print Name Date APPROVED AS TO 26 November 2012 FORM &LANGUAGE Date &FOR EXECUTION ity Atto Date F:\PURC\$ALL\LourdeslFY 11-121Contracts\ITB$1-11-12 Adventure Environmentallnc:doc PROCREffIff� BUTLER BUCKLEY DEETS 6161 BLUE LAGOON#420 MIAMI,FL 33126 1-305-262-0086 Policy number. 03515746-6 Underwritten by: Progressive Express Ins Company November 27,2012 Pagel of 1 Certificate of Insurance Certificate Holder Insured Agent ................................................................................................................................................................................................... Additional Insured ADVENTURE ENVIRONMENTAL BUTLER BUCKLEY DEETS THE CITY OF MIAMI BEACH INC 6161 BLUE LAGOON#420 1700 CONVENTION CENTER 12935 SW 87TH AVE MIAMI,FL 33126 MIAMI BEACH,FL 33139 MIAMI,FL 33176 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: Jun 11,2012 Policy Expiration Date: Jun 11,2013 Insurance coverage(s) Limits ............................................................................................................................................................................. Bodily Injury/Property Damage $1,000,000 Combined Single Limit ............................................................................................................................................................................. Uninsured Motorist $1,000,000 CSL Non-Stacked ............................................................................................................................................................................. Personal Injury Protection $10,000 w/Workers Comp-Named Insd&Relative ............................................................................................................................................................................. Employer's Non-Owned Auto BIPD $1,000,000 Combined Single Limit ............................................................................................................................................................................. Hired Auto Bodily Injury/Property Damage $1,000,000 Combined Single Limit Description of location/Vehicles/Special Items Scheduled autos only Certificate number 33212CPA746 Please be advised that additional insureds and loss payees will be noted in the event of a mid-term cancellation. Form 5241(10102) OP ID:GB ACORO DATE(MWDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 11/29/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s. PRODUCER Phone:504-486-5411 ME: John W.Fisk Company PHONE FAX 4833 Conti Street Suite 200 Fax:504-482-1475 A/c No Ext: Alc No): New Orleans,LA 70119 John W.Fisk Company PRODUCER CUSTOMER ID#:ADVEN-1 INSURER(S)AFFORDING COVERAGE NAIC# INSURED Adventure Environmental Inc. INSURER A:Rockhill Insurance Company Attn Greg Tolpin INSURER B:Essex Ins.Company 12895 SW 87th Ave. Miami,FL 33176 INSURER C:Great American Ins.Co.N.Y. 22136 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE D POLICY NUMBER POLICY EFF POLICY EXP WD LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY X X R PKGE 001495-03 01/21/2012 01/21/2013 PREMISES Ea occurrence $ 50,00 CLAIMS-MADE F_x1 OCCUR MED EXP(Any one person) $ 5,00 X Premises Liab. R PKGE 001495-03 0112112012 01/2112013 PERSONAL a ADV INJURY $ 2,000,00 Pollution R PKGE 001495-03 01/21/2012 01/2112013 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS �f PROPERTY DAMAGE H HIRED AUTOS y (Per accident) $ NON-OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS E ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Equipment Floater IMD26418 11/14/2012 11/14/2013 Scheduled 264,8 C P81 Liability OMH8410088-00 10/12/2012 10/12/2013 P&I Liab. 1,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Certificate holder shown as additional insured with waiver of subrogation in their favor as required by written contract as respects insured's operaitons. CERTIFICATE HOLDER CANCELLATION MIAM116 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Dr. Miami Beach,FL 33139 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD