Certification of Contract MB Convention Centerm NIiAMIBEACH ~7v_ ~a/7/oy
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: EMERGENCY CONTRACT FOR REPLACEMENT OF THE B HALL BUS
DUCT AT THE MIAMI BEACH CONVENTION CENTER
EFFECTIVE DATE(S): Resolution No. 2007-26687, dated October 17, 2007
SUPERSEDES: N/A
CONTRACTOR(S): EH Edd Helms Electric
CONTRACT AMOUNT: $697,865
A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on October 17, 2007, a Resolution No. 2007-26687 was
approved to ratify an emergency contract between the City of Miami Beach, Florida and
EH Edd Helms Electric.
B. EFFECT -This Contract is entered into to provide Emergency Replacement of Exiting
277/480V, 2000AMP Aluminum Bus-way located in Hall B of the Miami Beach
Convention Center, in accordance with Contractor's proposal, dated September 27, 2007.
C. ORDERING INSTRUCTIONS - A blanket purchase order 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.
The blanket purchase order shall show the approved City of Miami Beach Resolution No.
2007-26687.
D. CONTRACTOR PERFORMANCE -City of Miami Beach shall report any failure of
Contractor to perform according to the requirements of the Contract Documents to
Angelo Grande, SMG Facilities Manager at 786.402.8044
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 commencement
of any services/work by Contractor.
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Certification of Contract
F. 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 and/or services required by the Contract
Documents. Contractor warrants and represents that all persons performing any 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 perform same, to City's satisfaction, for the agreed compensation.
Contractor shall perform the work and/or services required under the Contract
Documents 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.
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 and 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. Services and/or work provided by Contractor pursuant to the Contract
Documents shall be subject to the supervision of Contractor. In providing such 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.
2
Page 3
Certification of 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 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.
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:
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Gus Lopez, Procurement Director
With copies to:
Angelo Grande, SMG Facilities Manager
Miami Beach Convention Center
Public Works Department
1901 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
EH Edd Helms Electric
17850 NE 5 Avenue
Miami, Florida 33162
Attn: Joseph M. Komarmy
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.
3
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Certification of 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 tei-~ninate this Contract based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
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 insurances) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
Q. This Contract and all addenda issued, and Contractor's proposal, dated September 27,
2007 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 and (ii)
Contractor's proposal, dated September 22, 2007, the more stringent provision (as
enforced by the City) shall prevail.
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Certification of Contract
IN WITNESS WHEREOF the City ~,pd Contractor have caused this Certification of Contract to
be signed and attested on this ~ day of ~CToB~ , 2007, by their respective duly
authorized representatives.
CONTRACTORINAME CITY OF MIAMI BEACH, FLORIDA
B
Y~~ (~c President/ Signature
~ ~ d~ E~~
Vl~ ~ ~
Print Name
By ~~
Mayor
Matti H. Bower
ATTEST:
~~'
Secretary/ Signature
Print Name
~l7")t~ s S: .
~o~'i Iq ,vS f3
F:\PURC\$ALL\KENNETH\Contracts\helmCertification of Contract#2.doc
ATTEST:
City Clerk
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
6~ FOR EXECUTION
/z//y/a
ty om ate
~ceUence EH Edd Helms
srrvcE Electric rJo.
"1975" 2007-11-13-Jmk-1
STgTE L1C 8000339
Please remit to 17850 NE 5 Avenue, Mlaml FL 33162-1008 Dade: (305} 653-2520. (800} 329 -2520. Fax: (30S} 651.5527
Customer:
SMG
1901 Convention Center Drive
Miami Beach, FL 33139
Attn: Angelo Grande
Ph: 305-f 73-7311 Fax:78&-276-4344
OUTSIDE TESTING SERVICE
INSTALL LABOR
MATERIAL
RENTAL EQUIPMENT
DISMANTLE LABOR
Submitted by,
Edd Helms Electric
Jo ph omarmy - ~~
a President
ovember 13, ?.U07
Date
Location:
Miami Beach Convention Center
1901 Convention Center Drive
Miami Beach, FL 33139
Re: TEMPORAY WORK RELATED TO BUSS FAILURE
$12,500.00
$39,386.00
$57,480.00
$ 7,334.00
$30,800.00
TOTAL LUMP SUM PRfCE: $'147,500.00
Accepted by,
Customer
Authorized Signature 6 Title
Date
COAhMlSSION tT~M SUMMARY
A Reso{ution ratifying an emergency contract with Erad Helms Electric in the amount $ti97,865.00 for
replacement of the B Hall buss dact at the Miami Beach Convention Center ____
Key Intended Outcome Supported;
Ensure well maintained facilities
Supporting Data (Surveys, Environmental Scan, etc.): About 213 of residents say they go to the ~
Convention Center or Jackie Gleason Theater at least once a month.
Issue:
Should the City ratify an emergency contract with Edd Helms Electric for replacement of the B Halt Buss
Duct at the Miami Beach Convention Center?
Item
The B Hail Buss Duct {one of three in B Halt) failed on the opening day of HD Boutique on September 18"',
2007. The buss duct supplies power to six airhandlers on the East side of B Hali, two airhandlers in B
Lobby, the A/B registration area, AIB concession stand, lighting in B 1~` and 2"d level ballrooms, and other
ancillary areas. Edd Helms was the electrical contractor for HD Boutique (and the sub-contractor for
electrical during the construction of A/B Halls) and was extremely pra-active in providing temporary power
to comple±e the HD Boutique Show. Currently, Edd Helms Electric has worked with Convention Center
Staff to supply temporary power to Centerplate's dishwasher, the A/B concession stand, the Business
Center air-conditioning, and the skywalk lights. However, generated power will be needed to meet the
requirements of Managing SAP Programs (October 19-24, 2007), and Minority Suppliers (October 25-
November 1, 2007 for the B 1 s` and 2rd level Ballroom lights. All other events scheduled for this area have
been moved based on the availability of space. In addition, manufacturing of the new electrical buss duct
has begun, with scheduled delivery for mid-November. installation is scheduled to begin November 23'",
2007 following the move out of the Auto Show.
In order to accomplish this work, the Administration is requesting ratification of the emergency contract
entered into with Edd Helms Electric in the amount of $547,865.00 for replacement of the B Hail buss duct,
and approximately $150,000.00 for temporary services.
pry Board Recommendation:
is an emergency Item. The Convention Center Advisory Board will be informed at the next
T:
Financial Information:
Source~l `S.tJ
:,
~ G`~ l c Kpr lY~y
~, _
Fund `;,,, ,
.,_,,. , $547,865.00 442-2548-069358
~~:;<`_ :~ti
,<
~>:~;~ $150,000.00 442-2548-069358
:`,....
~;~:
O 1 ~
:i. $697,865.00 442-2548-069358
Financial Impact Summary;
This is an emergency non-budgeted capital improvement. The Administration recommends using funds
from the FY2007/OB airwali project, and subsequently, reimbursement from excess funds anticipated to be
available from the Siemens A/C retrofit ro ect for the Miami Beach Convention Center.
J Max Sklar, Tourism and Cultural Development Director ~
Slgn~ffs•
f ~~ a;' pt y ~ ; ; ~ ~ a~4~~
} .
D Ot) 17U71ConsentlElectrical Bu Duct Commission Summary 2.do
L/
V
MIAMIBEACH
317
U y v
AGBINDA iITEM ~ 7
DATE ~~ ~7~~7
Nk}
m MIAMBEACH
City of Miami Beaeh, 1700 Convention Censer Drive, Miami Beoeh, Florido 33139, www.miamibaachfl.gov
COMMISSION MEMORANDUM
70: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 17~', 2007
SUBJ(;GT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RATIFIlING AN EMERGENCY
CONTRACT WITH EDD HELMS ELECTRIC, IN THE AMOUNT OF
SIX HUNDRED NINETY-SEVEN THOUSAND EIGHT HUNDRED ANO
SIXTY-FNE DOLLARS (~G97,865.00), ENTERED INTO ON
SEPTEMBER 27, 2007, FOR REPLACEMENT OF THE HALL B BUSS
DUCT AT THE MIAMI BEACH CONVENTION CENTER; AND
FURTHER AUTHORIZING THE USE OF~ CONVENTION CENTER
AIRWALL FUNDS AND, SUBSEQUENTLY, ANY EXCESS FUNDS
FROM THE SIEMENS A/C RETROFIT FISCAL YEAR 2008/07
CAPITAL PROJECT.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed
resolution.
BACKGROUND
The B Hall Buss Duct (one of three in B Hall) failed on the opening day of HD Boutique
on September 18d', 2007. The buss duct supplies power to six airhandlers on the East
side of B Hall, two airhandlers in B Lobby, the A/B registration area, A/B concession
stand, lighting in B 1 ~` and 2nd level ballrooms, and other ancillary areas. Edd Helms was
the electrical contractor for HD Boutique (and the sub-contractor for electrical during the
construction of A/B Halls) and was extremely pro-active in providing temporary power to
complete the HD Boutique Show. In addition, Square D, the company which
manufactured the buss duct was called in to check the mega ohms for continuity on the
three phase buss duct, and confirmed the entire duct had failed. They also concluded
that the failure may have come from rain water hitting the buss duct after the 35' freight
door was blown in from Hurricane Wilma. We were also informed by Square D that the
order for the new buss duct must be placed by September 28d', 2007 in order to receive
shipment by mid-November, otherwise it would be January before the factory reopens
for manufacturing.
Currently, Edd Helms Electric has worked with Convention Center Staff to supply
temporary power to Centerplate's dishwasher, the A/B concession stand, the Business
Center air-conditioning, and the skywalk lights. However, generated power will be
needed to meet the requirements of Managing SAP Programs (October 19-24, 2007),
and Minority Suppliers {October 25-November 1, 2007 for the B 1~ and 2nd Ieve1
Ballroom lights. All other events scheduled for this area have been moved based on the
318
availability of space. In addition, manufacturing of the new electrical buss duct has
begun, with scheduled de{ivery for mid-November. lnstaHation is scheduled to begin
November 23'x, 2007 foliorving the rnove out of the Aufo Show.
in order to accomplish this work, the Administration. is requesting ratifcation of the
emergency contract entered into with Edd Helms Electric in the amount of $547,865.00
for replacement of the B Half buss duct, and approximately $150,000.00 for temporary
services to be provided by Edd Helms Electric until the buss duct can be manufactured
and installed in December 2007. Edd Helms contract comes wish aone-year warranty
on labor and parts.
The Administration recommends using funds designated for replacement and upgrades
of the Convention Center airwalls, appropria#ed at $1,500,000 for Fiscal Year 2007/08,
with such funding to be reinstated from excess funds anticipated to be available from the
Siemens A/C retrofit project #or the Miami Beach Convention Center. The Siemens A/C
retrofit project is a Fisca! Year 2006/07 capital project that is currently out to bid and
budgeted at two million dollars ($2,000,000). The Administration anticipates the bids to
come in under $1,200,000, which would leave approximately eight hundred thousand
dollars ($800,000) in excess funds.
FISCAL IMPACT
This is an emergency non-budgeted capital improvement, which will affect a projected
airwall project funds and possibiy excess of funds in the budget for the Siemens' AlC
retrafit.
CONCLUSION
The Administration recommends that tt;e City Commission approve the proposed
resolution.
JMG/HMF/ /D7
7:WGENDA 17071ConsentlElectrlcal Buss Duct Cammfsslon Memorandum.doc
319
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND C[TY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RATIFYING AN EMERGENCY
CONTRACT WITH EDD HELMS ELECTRIC, !N THE AMOUNT OF SIX
HUNDRED NINETY-SEVEN THOUSAND EIGHT HUNDRED AND
SIXTY-FIVE DOLLARS (~fi97,8fi5.00), ENTERED INTO ON
SEPTEMBER 27, 2007, FOR REPLACEMENT OF THE HALL B BUSS
DUCT A7 THE MIAMI BEACH CONVENTION CENTER; AND
FURTHER AUTHORIZING THE USE OF CONVENTION CENTER
AIRWALL FUNDS AND, SUBSEQUENTLY, ANY EXCESS FUNDS
FROM THE SIEMENS A!C RETROFIT FISCAL YEAR 200fi107
CAPITAL PROJECT.
WHEREAS, on September 18"', 2007, the Miami Beach Convention Center (MBCC)
experienced the failure of an electrical buss duct in Hall l3, which supplies power to six
airhandlers in Hall B; two airhandlers in the hall B lobby; lighting in the first and second level
ballrooms; and other ancillary areas; and
WHEREAS, this was an emergency situation which needed to be corrected as
expediently as possible in order to meet the needs of clients under contract at the MBCC; and
WHEREAS, due to the emergency situation, a contract was entered on September 27,
2007 with Edd Helms Electric, in the amount of $547,865.00, for the manufacture and installation
of a new buss duct, and approximately $150,000 in labor and equipment for temporary power in
the interim; and
WHEREAS, the City Manager herein requests that the Mayor and City Commission ratify
this emergency procurement.
NOW,, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby ratify an emergency contract with Edd Helms Electric, in the amount of six
hundred ninety-seven thousand eight hundred and sixty-five dollars ($697,865.00), entered into
on September 27, 2007, for replacement of the Hall B buss duct at the Miami Beach Convention
Center; and further authorized the use of Convention Center Airwall Funds and, subsequently,
any excess funds from the Siemens A/C retrofit Fiscal Year 2006/07 Capital Project.
PASSED and ADOPTED this 17~' day of October, 2007.
MAYOR
David !?ermer
ATTEST:
CITY CLERK
Robert Percher
APPROVED AS TO
T:wGENDA120071oe117071ConsentlELECTRICAL BUSS DUCT RESOLUr10N.tlx FORM ~ LANGUAGE
& FoR TioN
/0 I ~'1.-
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320
0708. FQRM CERTIFICATE OF ISJSURA'~1CE
A forrn Certificate of Insurance wilt be attached here.
,acoRDTM CERTIFICATE OF LIABILITY INSURANCE
Paul H. DeSllva
Bateman, Gordon S Sands, Inc.
P ^ box 1270
P nano Beach, FL 330b1
Edd Helms Group, Inc., dba Edd Helms
Electric, Edd Helms Air Conditioning Inc
17850 NE 5th Avenue
Miami, FL 33162-1008
DATE (NnwD/m'Yj
07/02/07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFVRmAI lun
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFlCATE bOES NDT AMENb, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIG #
INSURER A: AmerlSUre
INSURER B: Am@riSUre Mutual 1n5UfanCe CO.
INSURER C:
INSURER D
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IrvulcR I tom. rvv~ vv ~ ~ ~~ ~ ,~,,..,,,.~
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 COND{T10NS OF SUCH
ATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PO LICIE S. AGGREG
POLK:Y EFFECTNE
POLICY EXPIRATION
UNITS
LTR NSR TYPE DF INSURANCE POLICY NUMBER TE D DA NM! D
47/01/47 47/47/48 EACH OCCURRENCE g1 444 404
A GENERAL LWBILrr1( GL2471926440446 bAMAGE TO RENTED S54 444
X COMMERCIAL GENERAL LIABILITY
MED EXP (An one person)
SS 004
CLAIMS MADE D OCCUR PERSONAL b ADV INJURY 51 444 444
2 044 OOO
GENERAL AGGREGATE S
z aoo 004
PRODUCTS -COMP/0P AGG s
GEN'L AGGREGATE OMIT APPLIES PER:
POLICY X PRa LOC
B AUTONOeB_E LaBILITr CA240114605 47/41/07 47141/48 COMBINED SINGLE LIMB
(Ea accident) 51,440,404
X ANY AUTO
ALL OWNED AUTOS BODILY INJURY
(Per person) S
SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY
(Par accdent) g
X NON-OWF~D AUTOS
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EMPLOYERS' LIABILnY E.L. EACH ACCIDENT 5144,444
ANY PROPRIE70RJPARTNERIEXECUTNE
MEMBER EXCLUDED? E.L. DISEASE • EA EMPLOYEE 5744 444
OFFICERf
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SPECIAL PROVISIONS below
OTHER E.L. DISEASE • POLICY LIMIT 5544 444
DESCRIPTION DF OPERATIONS I LOCATK)NS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPEdAL PROVISIONS
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
SHOULD ANY OF THE ABOVE DESCRIED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUMIG INSURER YYILL ENDEAVOR TO MAIL ~~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 70 DO 90 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH£ INSURER, ITS AGENT9 OR
ACORD 2S {2001108) 1 of 2 #M186732 ELC ®ACORD CORPORATION 1968
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsements},
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 endorsements}.
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurers}, authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
acoRD zs-s (zoallos) 2 of 2 #M186732