Certificatrion of Contract - W.W. Grainger, Inc. M IAMI BEACH
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: Purchase and Delivery of Routine Safety Supplies
CONTRACT NO.: 43-11/12
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 terms.
SUPERSEDES: N/A
CONTRACTOR(S): W.W. Grainger, 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 January 16, 2013, for approval to award a contract,
upon execution between the City of Miami Beach, Florida, and Contractor.
B. EFFECT- This Contract is entered into for provide for Purchase and Delivery of Routine
Safety Supplies, pursuant to City Invitation to Bid No. 43-11/12 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, e;clusive of all Federal, State and local taxes. All blanket
purchase orders shall show the City of Miami Beach Contract Number 43-11/12.
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, Maria Estevez, Procurement
Assistant Director at 305-673-7490.
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 PE-RF0RK4ANCE - Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by Contractor without the prior written
consent of the City. !r ad-litlon, 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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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 providehoerform 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 Ca skillful and respectable manner. The quality of the Contractor's
performance and all Inter-irn 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 Ex_ce 4ence 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 lihe convicted vendor list following a conviction for a public
entity crime may not suhroit 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 contrast: 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 fcw 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 m yf result in Contractor debarment.
I. INDEPENDENT Q0NITI-.%1A.'_"0 - Contractor is an independent contractor under this
Contract. Supplies, wo?-!,.; and/or services, provided by Contractor pursuant to the
Contract Docurnerts sh,�ii 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 vepntg aril..
J. THIRD PARTY BENEFla::_I�;RI'ES - Neither Contractor nor City intends to directly or
substantially benefit c third party by this Contract and/or the Contract Documents.
Therefore, the parties agi,ee that there are no third party beneficiaries to this Contract
and that no third purity dl►all be entitled to assert a claim against either of them based
upon this Cortl*act:and/c.,• Contract Documents.
The parties e-;prey ;l «c;�,�n�;�ledp
ei e that it is not their intent to create any rights or
obligations in any .{hi rs 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 t'o,e party for whom it is intended at the place last specified. The
place for giving notice shali remain the same as set forth herein until changed in writing
in the manner provided ;r this section. For the present, the parties designate the
following:
Fo- r City
Alex Denis, Procurement Director
City of Miami Beach
Procurement islo-n�
1700 Convention (ten-Isr Drive
Miami Beanh, Flo9'do 33ii;iq
With copies to:
City Clerk
City Clerk Office
1700 Convention Cemlor Drive
Moar!c ��p�FR���� _ '���
.For Coiitr,,Icto.*,':
W.W. G ra i n i er
2255 N.W. " Place
a 3- 72
Attn: Humberto�Aaraolies
Phcnnee 305-594-3036
Fax: 800-459..27)7
L. MATERIALITY AND'v Av VER OF BREACH - City and Contractor agree that each
requirement, duty, and set forth in the Contract Documents is substantial and
important to the forrnpt0l) o' this Contract and, therefore, is a material term hereof.
City's failure to c'mforce any provision of the Contract Documents shall not be deemed a
waiver of such provi.,,on cn F�odification of this Contract. A waiver of any breach of a
provisi=on of this Con-i'rGict shall not be deemed a waiver of any subsequent breach and
shall not be c0n-,trrJ&-)' 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 cornpe-errt jurisdiction to be invalid, the remaining provisions shall
cont nue to be effe!:A1Jv, uoirz,sti City or Contractor elects to terminate this Contract. An
election to terminate thib-,:, based upon this provision shall be made within seven
(7) days after the fir,jinp h, rourt becomes final.
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N. APPLICABLE LAID AND VENUE - This Contract and/or the Contract Documents shall
be enforceable in EI/liami•Dade County, Florida, and if legal action is necessary by either
party with respect to t! er-forcement of any or all of the terms or conditions herein
exclusive venue for the e' forcement of same shall lie in Miami-Dade County, Florida. By
entering into this C onicract, Contractor and City hereby expressly waive any rights
either party may havc :-o a trial by jury of any civil litigation related to, or arising
out of the Contrac': any:-'or the Contract Documents. Contractor, shall specifically
bind all suhcontrar,. o�b• to the provisions of this Contract and the Contract
Documents.
O. AMENDMENTS - Igo 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 stia., riot 1.,6. eis'avtive until all bonds and insurance(s) required under the
Contract Docurnent5 nave beer, submitted to, and approved by, the City's Risk Manager.
Q. The ITB a.nd wont,uctzr bid i f response thereto, are attached to this Contract and are
hereby adopt6d by r&*C-r,,i ce and incorporated herein as if fully set forth in this Contract.
Accordingiy, 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 fbi,L1h (i; this Contract; (ii) the VFB; and /or (iii) Contractor's bid in
response they eto, t`'i.a ►n,'A provision (as enforced by the City) shall prevail.
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IN WITNESS WHEREOF .the City n Contractor h gaused this Certification of Contract to
be signed and attested are this _ day their Y of 20._/,�, b y t e r respective duly
authorized representatives.
CONT CITY OF MIAMI BEACH
Si Signature Mayor
0 -3—S--/
Print Name Date
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Date
ATTEST:
EST:
INCORP ORATED.
Secreta /Signatua City Cle
.DON 14 L3
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Print Name Date
Date
APPROVED AS TO
FORM &LANGUAGE
FnR UTION
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