2015-28916 Reso RESOLUTION NO. 2015-28916
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING A CONTRACT AWARD PURSUANT
TO INVITATION TO BID (ITB) NO. 10-10/11 TO AMEND THE ANNUALLY
ESTIMATED CONTRACT AMOUNT FOR ELECTRIC MOTOR REWIND AND
REPAIR SERVICES FOR THE PUBLIC WORKS DEPARTMENT FROM
$60,000 TO THE AMOUNT THAT IS ANNUALLY AVAILABLE IN THE PUBLIC
WORKS DEPARTMENT'S BUDGET FOR SUCH SERVICES.
WHEREAS, at its December 14, 2011, meeting, the City Commission accepted the City
Manager's recommendation pertaining to the award of contracts pursuant to Invitation to Bid
(ITB) No. 10-10/11 for Electric Motor Rewind and Repair Services, for the City's Public Works
Department; and
WHEREAS, Contract award was passed and adopted by the City Commission
authorizing the Administration to enter into an agreement with Condo Electric Motor Repair,
Corp. as primary vendor, and TAW Miami Service Center, Inc. as secondary vendor; and further
Authorizing the Mayor and City Clerk to execute agreements in the annually estimated amount
of$60,000; and
WHEREAS, Purchase Order No. 021128 was created on February 8, 2013, in the
amount of$65,000; and
WHEREAS, in October 16, 2013 purchase order No. 022660 in the amount of $143,000
and in October 14, 2014 purchase order 025672 in the amount of $80,000 were created,
reflecting the increase needs in these services; and
WHEREAS, after considering the review and recommendation of City staff, the City
Manager exercised his due diligence and recommends to the Mayor and City Commission the
adoption of a resolution amending the contract to change the annually estimated contract
amount from $60,000 to the amount that is annually available in the Public Works Department
budget for such services.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
accept the recommendation of the City Manager to amend Contract award pursuant to Invitation
to Bid (ITB) No. 10-10/11 to increase the annually estimated contract amount for electric motor
rewind and repair services for the Public Works Department from $60,000 to the amount that is
annually available in the Public Works Department budget for such services.
PASSED AND ADOPTED THIS // DAY OF .:P,6rcrQr 21
,'',P
`ATTEST:
1 6,e"' hi i ", •
(L Tlip Levine, ayoQ, , .
P ¢ 'VED AS TO
2.11' 1 . - :**.- rif ...--.3;\-
4(
Rafael . Granado, City Cler * INCORP
( O OR r &LANGUAGE
• . *,,. ',�� &FOR EXECUTION
City Attorney Date
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING A CONTRACT AWARD PURSUANT TO INVITATION TO BID(ITB)NO.
10-10/11 TO AMEND THE ANNUALLY ESTIMATED CONTRACT AMOUNT FOR ELECTRIC
MOTOR REWIND AND REPAIR SERVICES FOR THE PUBLIC WORKS DEPARTMENT FROM
$60,000 TO THE AMOUNT THAT IS ANNUALLY AVAILABLE IN THE PUBLIC WORKS
DEPARTMENT'S BUDGET FOR SUCH SERVICES.
Key Intended Outcome Supported:
Increase Community Satisfaction with City Services
Supporting Data (Surveys, Environmental Scan, etc: N/A
Item Summary/Recommendation:
At its December 14, 2011, meeting, the City Commission accepted the City Manager's
recommendation pertaining to the award of a contract pursuant to Invitation to Bid (ITB) No. 10-
10/11 for the repair and replacement of various types of electric motors on an as-needed basis for
the Public Works Department. Consequently, the item was passed and adopted authorizing the
Administration to execute an agreement, in the annually estimated amount of$60,000.
As a result, purchase orders have been issued up to the amount authorized by City Commission on
December 14, 2011. However, the department has submitted additional purchase request which
requires the authorized annual amount to be increased.
The Contract for these professional services expires in January 2016. The City intends to issue a
solicitation in anticipation of the contract expiring.
The purpose of this item is to expand the annual estimated amount of this contract to
accommodate for the Fiscal Year 2014/2015 expenditures.
RECOMMENDATION
ADOPT THE RESOLUTION
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1 Subject to available funds in the Public Works
Department's budget for these services.
2
OBPI Total *
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Alex Denis, Ext. 7490
Sign-Offs:
ilk
De. . ment Dirk ctor Assistant 'j .•ger City N.nager
��j_ AD 4 ____0 `.(_ib' il.�
T:\AGENDA\2015\Feb 17 \PROCUREMENT\Electric oto -ewind and Repair Services A hority Increase-
Summary.doc
MIAMIBEACH AGENDA ITEM C 7 fl
DATE a �/ ��
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Phillip Levine and Members o he City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 11, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AN CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING A CONTRACT AWARD PURSUANT TO
INVITATION TO BID (ITB) NO. 10-10/11 TO AMEND THE ANNUALLY
ESTIMATED CONTRACT AMOUNT FOR ELECTRIC MOTOR REWIND AND
REPAIR SERVICES FOR THE PUBLIC WORKS DEPARTMENT FROM$60,000
TO THE AMOUNT THAT IS ANNUALLY AVAILABLE IN THE PUBLIC WORKS
DEPARTMENT'S BUDGET FOR SUCH SERVICES.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
At its December 14, 2011, meeting, the City Commission accepted the City Manager's
recommendation pertaining to the award of a contract pursuant to Invitation to Bid(ITB)No.
10-10/11 for the repair and replacement of various types of electric motors on an as-needed
basis for the Public Works Department. Consequently, the item was passed and adopted
authorizing the Administration to execute an agreement, in the annually estimated amount of
$60,000.
As a result, purchase orders have been issued up to the amount authorized by City
Commission on December 14, 2011. However, the department has submitted additional
purchase request which requires the authorized annual amount to be increased.
The Contract for these professional services expires in January 2016. The City intends to
issue a solicitation in anticipation of the contract expiring.
The purpose of this item is to expand the annual estimated amount of this contract to
accommodate for the Fiscal Year 2014/2015 expenditures.
CITY MANAGER'S RECOMMENDATION
After considering the review and recommendation of City staff, the City Manager exercised
his due diligence and recommends to the Mayor and City Commission to adopt a resolution
amending the annually estimated contract amount, increasing the annually estimated
contract amount per contract, pursuant to Invitation to Bid(ITB)No. 10-10/11,from$60,000
to an amount up to the Public Work's annually budgeted amount for such services.
CONCLUSION
The Administration recommends that the Mayor and Commission adopt a resolution
increasing the annually estimated contract amount per contract,for electric motor rewind and
repair services from $60,000 to an amount up to the Public Works Department's annually
budgeted amount for such services.
JLM/MT/EC/AD
T:\AGENDA\2015\February\PROCUREMENT1Electric Motor Rewind and Repair Services Authority Increase-Memo.doc
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• „ ''A BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
Jimmy L. Morales,.City Manager I
Tel:305-673-7010,Fax:305-673-7782
December 22, 2014
Mr. Hector Gomez Submitted via E-mail: condosales@bellsouth.net
Condo Electric Motor Repair, Corp.
3615 East 10th Court
•
Hialeah, Florida 33013
Subject: RENEWAL OF AGREEMENT PURSUANT TO INVITATION TO BID NO. 10-10/11
CONDO ELECTRIC MOTOR REWIND AND REPAIR SERVICE
Dear Mr. Gomez:
This letter shall serve as notification that the City has approved a one (1) year extension of the
agreement with Condo Electric Motor Repair,Corp.,for motor rewind and repair service,pursuant to
the above-referenced ITB. The Agreement shall now be effective through January 16, 2016.
Should you have any questions or need additional information please contact Yolanda Cintado-
Seiglie at 305-673-7490 or volandacintado-seiglie @miamibeachfl.Qov. .
T 1 ank you,
• my L. Mora IOW
-
Manager
•
We are committed to providing excellent public service and safety to oil who live,work,and ploy in our vibrant,tropical,historic community.
.4014101111. 411.116..
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•
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-City a Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,yr.vw.midmibeadilgoir
PROCUREMENT DEPARTMENT Tel 105673-7490FQx 786.3944010
Submitted via E-mail to CondosalesabellsOUth:net
December 15, 2014
Condo Electric Motor Repair, Corp
1%11r, Hector Getrrittiz
,
3615 EastlOth Court
Hialeah, Florida-:33013
•
Subject RENEWAL OF AGREEMENT PURSUANT TO INVITATION TO ala.NO.10,40/11 : ••
CONDO ELECTRIC MOTOR REWIND AND REPMR SERVICE
Dear Mr. Gomez:.
Agreement n13-10-10/11 (the'Agreement')between the City of Miami Beach(the'Cit?')and
Condo Electric Motor Repair; Corp. ("Contractor"),pursuant to the above-referenced SOficitation,
expires on January 16, 2015,Section 2.2 of the agreement allows for the Agreement to be
extended,for an additional'one'(1)year Period through January 16-,2016.
The purpose of this letter is to seek:Contractor's concurrence to_extend the Agreement, at the
same terms, conditions, and -pricing as set forth In the Agreement If Contractor agrees to
extend the term of the Agreement for the additional period, please sign in the-space provided
below and return this document to Yolanda Cintado-Seiglie at the cites Procurement
Department PI/December 19, 2014,
•
This fetter does not constitute an extension to the Agreement If Contractor agrees to
extend the Agreement, the City Manager/City Commission will consider the eXtension,
and, if approved,, Contractor will be notified of said extension of Agreement under •
•
separate cover:
Should you have any.questions'or need additional information, please contact:Yolanda;Cihtado-
Seiglie'at 305-67q-7490.cr yolandacintadoseicilleanilarnibeachfLoov.
k yOu,
;(Denis..
Prcicurement Director
I agree.to a reviSed term for the above referenced contract at the same terrns and conditions
through January171 2016..
Signature,. dielsi.
Printed Name: !2' Lr`'
TRW pRESIMENT
•
COMMISSION ITEM SUMMARY
• Condensed Title:
Request For Approval To Award Contracts To Condo Electric Motor Repair, Corp.As Primary Vendor,And
TAW Miami Service Center,Inc.As Secondary Vendor,Pursuant To Invitation To Bid(ITS)No.10-10/11,For
Electric Motor Rewind And Repair Services, In The Annual Estimated Amount Of$60,000.
Key Intended Outcome Supported:
Maintain City's Infrastructure
Supporting Data(Surveys, Environmental Scan,etc.):
Issue:
Shall the City Commission approve the award of Contract?
Item Summary/Recommendation:
Invitation to Bid(ITB) No. 10-10/1P,was issued on June 13,2011, and four bids were received on July 21,
2011.The purpose this ITS is to establish a contract, by means of sealed bids, to a qualified supplier(s)for
the repair and replacement of various types of electric motors on an as-needed basis.The repair services to
• be provided are the rewinding of stators and rotors, replacements of bearings and seals, complete motor
repair, rewinding of transformers, machining,crane service and additional services when required.
The awarded contracts shall remain in effect fora period of(1)year from date of contract execution by the
Mayor and City Clerk,and may be renewed by mutual agreement by the City Manager and contract awarded
vendor, for three(3)additional years,on a year to year basis.
A Technical Review Panel(the"Panel"),comprised of City staff members,convened on September28,2011
to review and evaluate all responsive bids.Condo Electric received high scores in qualifications from panel
members. Condo has been In business since 1952, and has contracts with Miami-Dade Water and Sewer
Department, Martin County, City of Sunrise, City of Miami,City of Hollywood,among others.
The Panel recommended award of a contract to Condo Electric.Additionally, it Is recommended that TAW
Miami Service be awarded as Secondary Vendor.
APPROVE THE AWARD OF CONTRACTS.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account
•
Funds: h $45,000.00 Public Works Sewer Account 425-0420-000342
2 $5,000.00 Public Works Water Account 425-0410-000342
3 $10,000.00 Public Works Storm Account 427-0427-000342
4
OBPI 5
`6
Total $60,000.00
Financial Impact Summary:
City Cierk'.s Office Legislative Tracking:
Gus Lopez Ext.6641
Sign-Offs:
De s a al ent Director. Assistant CI .. Maner CI 'fillana.er
GL ,I F: DB PDW l,.j JMG 1h,
T:.AGENDA% 1\12-14-11\ITB 10.10-11 Motor Rewind and Repair Services SUMMARY.doc
AGENDA ITEM C D
MIAMIBEACH :47 DATE 1
MIAMIBEACH
,
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the C'ty Commission .
FROM: Jorge M. Gonzalez,City Manager
DATE: December 14, 2011
SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO CONDO ELECTRIC
MOTOR REPAIR,CORP.AS PRIMARY VENDOR,AND TAW MIAMI SERVICE
CENTER, INC. AS SECONDARY VENDOR, PURSUANT TO INVITATION TO
BID (ITB) NO. 10-10/11, FOR ELECTRIC MOTOR REWIND AND REPAIR
SERVICES.,IN THE ANNUAL ESTIMATED AMOUNT OF$60,000.
ADMINISTRATION RECOMMENDATION
Approve the Award of contracts.
KEY INTENDED OUTCOME
Maintain City's Infrastructure..
FUNDING
$45,000_ ..Public_Works_Sewer Account 425-0420-000342 _ _
$5,000 Public Works Water Account 425-0410-000342
-$1-0,000 -- Public-Works-Storm-Account 427-0427-000342 - - - -
$60,000 Total
The funding information is based on actual Purchase Orders issued during Fiscal Year
2011. Additional funding may required due to increased need of services, subject to the
review and approval of the Office of Budget and Performance Improvement(OBPI).
ANALYSIS
The purpose of Invitation to Bid(the"ITB")No. 10-10/11 is to establish a contract,by means
of sealed bids,to a qualified supplier(s)for the repair and replacement of various types of
electric motors on an as-needed basis.The repair services to be provided are the rewinding
of stators and rotors,replacements of bearings and seals,complete motor repair,rewinding
of transformers, machining, crane service and additional services,when required.
This contract shall remain in effect for a period of(1)year from date of contract execution by
the Mayor and City Clerk, and may be renewed by mutual agreement by the City Manager
and contract awarded vendor, for three (3) additional years, on a year to year basis.
-48
Commission Memorandum
ITB 10-10/11—Electric Motor Rewind and Repair Services
December 14, 2011
Page 2
BID PROCESS
ITB No. 10-10/11, was issued on June 13, 2011 with a bid opening date of July 14, 2011.
Three (3) addenda were issued to provide additional information and to respond to all
questions submitted by the prospective bidders,thus extending the bid opening due date to
July 21, 2011.
Bidsync issued bid notices to 210 prospective bidders.The notices resulted in the receipt of
4 bids from the following companies:
• Condo Electric Motor Repair Corp.
• TAC Armature and Pumps Corp.
• TAW Miami Service Center, Inc.
• Electrix USA, Inc.
The ITB stipulated that award of this contract may be made to the primary and secondary
lowest and best bidders. Should the primary vendor fail to comply with the Terms and
Conditions of this Contract,the City reserves the right to award to the secondary vendor,if it
is deemed to be in the best interest of the City.
In determining the lowest and best bidder, the City utilized the"Best Value" Procurement
process to select a contractor with the experience and qualifications;the ability;capability,
and capacity; and proven past successful performance for the electric motor rewind and
repair services.A Technical Review Panel (the"Panel"), comprised of City staff members,
convened on September 28, 2011 to review and evaluate all responsive bids. Bids were
evaluated and ranked according to the following criteria:
- - - 1. Experience and-qualifications of the-Bidder(20 points). - - - - -
2. Cost(50 points). _
3. Operation Plan (20 points).
4. Past performance based on number and quality of the Performance
Evaluation Surveys (10 points).
The Panel scored all bidders as follows:
Anthony Baby
Elie Fakie Julian Perez Mincy Thomas
Low
Total Total Total Total Aggregate, Rankle
Rank Points Rank Points Rank Points Rank Points Totals Order
Condo Electric 1 83 1 100 2 79 1 85 5 1
TAW Miami
Service 2 82 2 100 1 81 3 70 8 2
TAC Armature
and Pumps 3 80 4 80 3 77 2 80 12 3
Electrix USA 4 78 3 85 4 57 4 65 15 4
To break the"Total Point"tie,Julian Perez ranked Condo as his top ranked,and TAW Service as 211°ranked.
Condo Electric received high scores in experience and qualifications from panel members.Their
18,000 sq.ft.facility is an EASA(Electrical Apparatus Service Association)certified repair shop
that services and repairs electric motors, pumps, generators, hoist,transformers,gear motors,
speed reducers and many products.
.49
Commission Memorandum
ITB 10-10/11—Electric Motor Rewind and Repair Services •
December 14, 2011
Page 3
Condo has been in business since 1952, and has contracts with Miami-Dade Water and
Sewer Department, Martin County,City of Sunrise,City of Miami,City of Hollywood,among
others.
• The Panel recommended award of a contract to Condo Electric. Additionally, it is
recommended that TAW Miami Service be awarded as Secondary Vendor. See attached
Bid Tabulation.
COST COMPARISON
The table below shows a cost comparison between the current rates and the unit prices
received pursuant to the ITB, for various sizes of motors:
Cost Per Current
Description This!TB Contract
3 Phase Motor,30 HP,460 V, Reconditioning $695 $750
3 Phase Motor,75 HP,460 V, Reconditioning $1,150 $1,360
• 3 Phase Motor,75 HP,460 V, ReBuilding $2,100 $2.250
3 Phase Motor, 125 HP,460 V, Reconditioning $1,890 $1,924
• 3 Phase Motor,250 HP,460 V, Reconditioning $2,700 • $3,175
- Submersible_Pump, 15 HP, 3 Phase, Reconditioning _$1,200_ _ $1,553
Since It is unknown what size or type of motors will need repairs during the year,it is difficult
• to ascertain or estimate the savings. However,the results of this ITB are that cost savings
will be realized when compared to current contract rates.
CONCLUSION:
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission award contracts to Condo Electric Motor Repair,Corp.as primary vendor,and
TAW Miami Service Center, Inc. as secondary vendor, pursuant to ITB No. 10-10/11 for
Motor Rewind and Repair Services, in the estimated annual amount of$60,000.
T:IAOENDA12011112-14-11UTB 10-10-11 Motor Rewind and Repair Services MEMO.doc
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Osp MIAMIBEACH
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: Electric Motor rewind and Repair Service
CONTRACT NO.: 10-10/11
EFFECTIVE DATE(S): This Contract shall remain in effect for one (1) year 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: ITB No. 10-06/07
CONTRACTOR(S): Condo Electric Motor Repair, Corp.
ESTIMATED ANNUAL CONTRACT AMOUNT: $60,000
A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on December 14, 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 electric motor rewind and repair
service, pursuant to City Invitation to Bid No. 10-10/11 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 10-10/11.
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 Fred Beckmann, City of Miami Beach, Public Works
Director at 305-673-7000 ext. 6012.
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.
•
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:
Gus Lopez, Procurement Director
City of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
Fred Beckmann, Public Works Director
City of Miami Beach
Public Works
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Condo Electric Motor Repair, Corp. _ - - -
3615 East 10th Court
- Hialeah,-FL-33013--- - -- — — -
Attn: Hector A. Gomez, President
Phone: 305-691-5400
Fax: 305-691-6564
E-mail: condosales(c.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 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.
•
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Certification of Contract
IN WITNESS WHEREOF the City and Contractor have caFsed this Certification of Contract to
be signed and attested on this bc( day of 17)-4/ , 201 ., by their respective duly
authorized representatives.
CONTRACTOR CITY OF MIAMI BEACH
1
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ATTEST: ATTEST:
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F:\PURC1$ALL\MARTA\Bids\10-11\Motor Rewind\Contract\ITB-10-10-11 Motor Rewindcont.doc
APPROVED AS TO
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