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Certification of Contract Diamond Contract Services, Inc.
I• TITLE: MIAMIBEACH CONTRACT NO.: ~~d~~- ~~~~ ~ ~~ ~ ~d~`~~- CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT For Janitorial Services 04-07/08 EFFECTIVE DATE(S): October 1, 2008, through September 30, 2010, with three (3) additional one (1)-year mutually agreeable renewal options. SUPERSEDES: 34-02/03 CONTRACTOR(S): Diamond Contract Services, Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: $197,969.76 A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on July 16, 2008, for approval to award contracts, upon execution between the City of Miami Beach Florida and Contractor(s). B. EFFECT -This Contract is entered into to provide Janitorial Services for the City of Miami Beach, pursuant to City Request for Proposals (RFP) No. 04-07/08 and any addenda thereto, and Contractor's bid in response thereto (this Contract, the RFP, 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 (04- 07/08), with the current expiration date of September 30, 2010, 2011, 2012, or 2013, as applicable. D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor to provide Janitorial Services according to the requirements of the Contract Documents to Robert Halfhill, City of Miami Beach, Property Management Director at 305-673-7000 ext. 2984. 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. 1 Certification of Contract F. ASSIGNMENT AND PERFORMANCE -Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party 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. 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, 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) provided to or on behalf of City shall meet the City's cleanliness standards for City facilities and parking garages. 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. 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 2 that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. 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 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: Gus Lopez, Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 With copies to: Robert Halfhill, Property Management Director City of Miami Beach Property Management Department 1245 Michigan Avenue Miami Beach. Florida 33139 For Contractor: Diamond Contract Services, Inc. 15407 W. Dixie Highway North Miami Beach. Florida 33162 Attn: Derek C. Smith 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 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 Certification of Contract 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. 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. The RFP and all addenda issued, 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 RFP; (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 on this ~ s r day of 0 t t o A- ctil , 200 ~' , by their respective duly authorized representatives. CITY OF MIAMI BEACH By Print Name ATTEST: Secretary/ Signature ~~~ ~~~ Print Name F:~PURC~$ALL\Stephanie~Certificate of contract- Omarcio.doc By ayor ATTEST: ~~~~ City Clerk APPROVED AS TO FORM & LANGUAGE ~ FOa-F~CECUTION ~ i~ ~~ ~. s f'(1NTR A (`TnR ACORD,~ CERTIFICATE OF LIABILITY INSURANCE 9/16/2008 PRODUCER (31f1) 309-2200 FAX: (310) 309-:400 Sander A. Kessler & Associates, Inc. 2850 Ocean Park Boulevard THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Santa Monica CA 90405 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:Wausau Business Ins CO 26069 Diamond Contract Services, Inc. INSURER B: Westchester Eire Ins Co 21121 2819 Burton Avenue wsuRERC: INSURER D: Burbank CA 91504 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEb 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. S V E M INSR ADD'L TYPE OF INSURANCE POLICY NUMBER DATEYMMIDD/YY DATE MMIDDfYON LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, OOO , OOO X COMMERCIAL GENERAL LIABILITY PREMISS EaEor~ru ante $ 100 , OOO A X CLAIMS MADE ~ OCCUR YYK-Y91-441171-048 5/26/2008 5/26/2009 MmD~ An me rson g 5,000 PERSONAL & ADV INJURY $ 1, OOO , 000 GENERAL AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , 000 , 000 X POLICY JEC LOC AUT OMOBILE LIABILRY COMBINED SINGLE LIMB 000 000 l X ANY AUTO (Ea accident) , , $ A ALL0IMVEDAUTOS A3K-Y91-441171-0 5/26/2008 5/26/2009 gODILYINJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS ///~~~ ~~- ~ BODILY INJURY $ NON-OWNED AUTOS (Per accident) D PROPERTY DAMAGE Z (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESSJUMBRELLA LIABILITY $ 1, OOO, OOO X OCCUR ~ CLAIMS MADE AGGREGATE $ 1, OOO , 000 $ A DEDUCTIBLE TBC-Y91-441171-038 5/26/2008 5/26/2009 $ X RETENTION $ 30 000 A WORKERS COMPENSATIONgND ~~ IT• OTH- X TQ~gY EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/F~CUTIVE ~ E.L. EACH ACCIDENT $ 1, 000, 000 OFFICERIMEMBER EXCLUDED? WCK Y91 441171 018 4/9/2008 4/9/2009 E.L. DISEASE - EA EMPLOYE $ 1, 000 , 000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1 OOO 000 B orHER Employee Dishonesty Coverage Form A 623635910 001 5/26/2008 5/26/2009 single Loas Limit: $250,000 Deductible per Lola: $5,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Contract #04-07/08. City of Miami Beach is included as additional insured on the General Liability policy as respects to the operations of the named insured per attached endorsement GL0566 12-07. *8xcept 10-Day Notice of Cancellation for Non-Payment of Premium. CERTIFICATE HOLDER CONCELLATION theocarrasco@miamibeachfl. sHOUt.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE C1ty Of Miami Beach EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1700 Convention Center Drive *3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Miami Beach , FL 3313 9 FAILURE TO DD SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. AUTHORIZEDREPRESENTATNE ~`~~~1 ~ Grace Fong/GRFUNG ~ ACORD 25 (2001/08) INS025 lo~oe).osa © ACORD CORPORATION 1988 Page t of 2 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 endorsement(s). 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 endorsement(s). . DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), 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. ecnen ~a i~nn~,no~ INS025 poi oe~.osa Page 2 of 2 Insured: Diamond Contract Services, Inc. Policy Number: YYK-Y91-441171-048 Issued by: Wausau Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT' CARE FULL Y. Wausau EXPRESS Liability Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Broad Form Additional Insured Lessor of Leased Equipment Owners, Managers'or Lessors of Prenuses or Land Mortgagees, Assignees or Receivers Any Person or Organization Other Than a Joint Venture 2. Waiver Of Right Of Recovery By Written Contract Or Agreement 1. Broad Form Additional Insured Paragraph 2, of Section II -Who Is An Insured is amended to add the following: e• Additional Insured by Written Contract or Written Agreement The following are insureds under the policy when you have agreed in a written contract or written agreement to provide them coverage as additional insureds under your policy: (1) Lessors of Leased Equipment: the person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintegance, operation or use of equipment leased to you by such person(s) or organization(s). - With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" or offense which takes place after the equipment lease expires. (2) Owners, Managers, or Lessors of Premises or Land: any owner, manager or lessor of premises or land, but only with respect to liability caused, in whole or in part, by the ownership, maintenance or use of that part of the premises or land leased to you. This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; or (b) Structural alterations, new constnzction or demolition operations performed by or on behalf of the owner, manager or lessor of that premises or land. GL0566 Page 1 of 2 12-07 Insured: Diamond Contract Services, Inc. Policy Number: YYK_y91-441171-048 Issued by: Wausau Insurance Company (3) Mortgagees, Assignees or Receivers: any person(s) or organization(s) with respect to their liability as mortgagee, assignge, or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) Any Person or Organization Other Than a Joint Venture: for which you have agreed by written contract to procure bodily injury or property damage liability insurance, but only for liability caused, in whole or in part, by operations perfomred by you or on your behalf, provided that: (a) This subparagraph (4) does not apply to any agreement to provide insurance to: (i) An" employee", association of "employees" or labor union, except with respect to work performed by or for you or for such "employee", association of "employees" or labor union under direct contract between you as contractor and such" employee", association of "employees" or labor union as owners; (ii) Any railroad company except with respect to work performed by or for you for such raih'oad camp any under direct contract or agreement between you and such railroad company; (iii) Any person or organization whose profession, business or occupation is that of an architect, surveyor or engineer with respect to. liability arising out of the preparation or approval of maps, drawings, opinions, repoLts, surveys, change orders, designs, specification or the performance of any other professional services by such person or organization; (iv) Any of Your subcontractors, or any partner, officer, agent or "employee" of such subcontractor, or (v) Anyone more specifically covered in subparagraph e. (1) through (3) above. (b) The insurance afforded to any person or organization as an insured under this subparagraph (4): (i~ Shall include only the insurance that is required to be provided by the terms of such agreement to procure insurance, and then only to the extent that such insurance is included within the terms of this policy, and a person or organization's status as an insured under this endorsement ends when your operations for that insured are completed; and (ii) Does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard" unless such coverage is required by the contract between you and the additional insured. The limits of insurance applicable to. such insurance shall be the lesser of the limits required by the agreement between the parties or the limits provided by this policy. The insurance afforded to. any person or organization as an insured under this subparagraph 2.e. dues not apply to. "bodily injury" or "property damage" which occurs prior to. the date of your written contract or written agreement with such person or organization. 2• Waiver Of Right Of Recovery By Written Contract Or Agreement Paragraph S. of Section IV -Commercial General Liability Conditions is amended by the addition of the following: We waive any right of recovery because of payments we make for injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed, in a written contract or agreement made prior to the date of the "occurrence", to waive your rights of recovery from such person or organization, but only for payments made under the policy and resulting from that contract. GL0566 Page 1 of 2 12-07