The URL can be used to link to this page

Home My WebLink AboutC2J Memorandum lD MIAMI BEACH rj7)~- C~S PROCUREMENT DIVISION MEMORANDUM FROM: Raul Aguila, Assistant City Attorne)f Gus Lopez, Procurement Director ' 1/18/06 TO: DATE: SUBJECT: Contract for Invitation to Bid (ITB) No. 32-04/05, For the Lease of Golf Carts and Other Miscellaneous Golf EquipmenWehicles. Four (4) copies of the above referenced Contract are submitted for your review and form approval. Please call John Ellis at x6635 when they are signed and ready to be delivered to the City Clerk's office for execution. Thank you for your prompt attention to this matter. ."--. ,:::.::/~>/:,/ ,r'. /' ", l :.... -.-.-- I Gus Lopez, CPPO Procurement Director je 1- t'1-a{, I1v s : ~ {).....,:.r ~ J,A. ~ f1 . .. ~ J- II ()L,rb(,'t,.h~ ~ ~l.t fil~ JL =-.J..~L r'^ Iv... l (i~ L ~ f\ ,/:_ ~ tJi'\u- ( '1...tAT.- j;) ~ .r (~ / ../~'-- p\r~ A I~~ (.v(..... p~ Q.e-v~ /.J-- HO'L tN~. ~ 1C~<.r." We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community ~ CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT CONTRACT NO.: FOR THE LEASE OF GOLF CARTS AND OTHER MISCELLANEOUS GOLF EQUIPMENTNEHICLES 32-04/05 TITLE: EFFECTIVE DATE(S): December 16,2005 through December 15,2008. SUPERSEDES: None CONTRACTOR(S): E-Z-Go, Division of Textron, Inc. A. AUTHORITY - Upon affirmative action taken by the City Commission and City Clerk of the City of Miami Beach, Florida, on September 8, 2005, a contract has been approved for award and subsequent execution between the City of Miami Beach, Florida and E-Z- Go, Division of Textron, Inc. B. EFFECT - This contract was entered into for the Lease of Golf Carts and Other Miscellaneous Golf EquipmentIV ehicles for the Miami Beach Golf Club. Therefore, the lease of the aforementioned shall be made under the terms, prices and conditions of this contract, Bid No. 32-04/05, all addenda thereto, and E-Z-Go, Division of Textron, Inc.'s bid response. C. ORDERING INSTRUCTIONS - All standing 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. Standing Order(s) shall show the City of Miami Beach contract number (32-04/05), as applicable. D. CONTRACTOR PERFORMANCE - City of Miami Beach Departments shall report any vendor failure to perform according to the requirements of this Contract to the Parks and Recreation Director at 305-673-7730. E. PERFORMANCE AND PAYMENT BONDS - N/A 1 Page 2 Certification of Contract F. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. G. LIVING WAGE ORDINANCE - N/A. H. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. I. SERVICE EXCELLENCE STANDARDS - N/A. J. 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 of36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debannent. K. INDEPENDENT CONTRACTOR - CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such 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. L. THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Contract. 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. 2 Page 3 Certification of Contract 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. M. 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 Division 1700 Convention Center Drive Miami Beach. Florida 33139 Attn: Gus Lopez. Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: E-Z-Go. Division of Textron. Inc. Attn: Paul Mever 881 W. Warren Avenue Suite 1051 Lonewood. Florida 32750 N. MATERIALITY AND WANER OF BREACH - CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these 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 this Contract 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. 3 Page 4 Certification of Contract O. SEVERANCE - In the event a portion of this Contract 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. P. APPLICABLE LAW AND VENUE - This Contract 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 tri~l by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, shall specifically bind all subcontractors to the provisions of this Contract. Q. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and CONTRACTOR. R. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. s. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided. 4 Page 5 Certification of Contract AGREEMENT THIS AGREEMENT made this / S ......... day ofj)ec..-erh her 2005, A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and E-Z-Go. Division of Textron. Inc. Attn: Paul Mever 881 W. Warren Avenue Suite 1051 Lone:wood. Florida 32750 Contract Amount: 5188.208.00. (36 monthlv installments of 55.228) IN WITNESS WHEREOF the said City has caused this Certification Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. (SEAL) CITY OF MIAMI BEACH BY~Z:- (Authorized Corporate Officer) By Mayor David Dermer L. ,c,~. Title ATTEST: City Clerk Robert Parcher F:\PURC\$ALL\JOHN\Contracts\EZGO.doc TO FORM & LAN UAGE UTION Date City 5