Certification of Contract Vista Bldg Maintenance Services, Inc./•
TITLE:
MIAMIBEACH
CONTRACT NO.:
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~iT~ CLERK
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): Vista Building Maintenance Services, Inc.
ESTIMATED ANNUAL CONTRACT AMOUNT: $791,953.32
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.
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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 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.
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.
THIltD 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
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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 Cit
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:
Vista Building Maintenance Service, Inc.
8200 Coral Wav
Miami. FL 33155
Attn: James H. Haley
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.
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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.
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Certification of Contract
IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to
be signed and attested on this ~ sT day of b GTd R tfI- , 200, by their respective duly
authorized representatives.
CONTRACTOR
By
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Print Name
ATTEST:
Secret Signature
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Print Name
F:\PURC\$ALL\Stephanie\Certificate of contract- Omarcio.doc
CITY OF MIAMI BEACH
By
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ATTEST:
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City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
i ttom e
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DATE (MM/DD/YYW)
ACORD~, CERTIFICATE OF LIABILITY INSURANCE 9~12~2008
PRODUCER (9 54) 94 3 - 5 0 5 0 FAX : (9 54) 9 4 2 - 6 310 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Frank H. Furman, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1314 East Atlantic Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 1927
Po ano Beach FL 33061 INSURERS AFFORDING COVERAGE NAIC #
INSURER A: FCCI Insurance Grou
INSURED
Vista Building Maintenance Services, Inc• INSURERB:ASSOClated Industries
8200 Coral Way INSURER C:
Miami, FL 33155 wsuRERO:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 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.
AGGRE L T H WN MAY HAV R E Y A LAIM POLICY EFFECTIVE POLICY EXPIRATION LIMITS
I5R A uu'I. TYPE OF INSURANCE rvuui numocn -- -
$
1,000,00
H R
GENERAL LIABILITY DAMAGE TO RENTED $ 10 O , O 0 0
X COMMERCIAL GENERAL LIABILITY
3/30/2008
3/30/2009
MEDEXP An one erson 5. 0 0 0
$
A X CLAIMS MADE ~ OCCUR GL00033504 $ 1,000,000
R N D I Y
$ 2, 0 0 0, 0 0 0
GENERAL AGGREGATE
$ 2,000,000
R P! P
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO- LOC
X POLICY
COMBINED SINGLE LIMIT
$
AUTOMOBILE LIABILITY (Ea accident)
ANY AUTO
BODILY INJURY
$
ALL OWNED AUTOS (Per person)
SCHEDULED AUTOS
BODILY INJURY $
HIRED AUTOS ~ n ~
(/ (Per accident)
NON-OWNED AUTOS
PROPERTY DAMAGE
$
(Per accident)
AUTO ONLY - EA ACCIDENT $
GARAGE LIABILITY
OTHER THAN $
ANY AUTO AUTO ONLY: AGG $
EXCESS/UMBRELLALZABILITY $
OCCUR ~ CLAIMS MADE AGGREGATE
$
DEDUCTIBLE $
RETENTION WC STATU- OTH -
$ WOR KERS COMPENSATION AND $ 500, 000
EMP LOYERS' LIABILITY E.L. EACH ACCIDENT
ANY PROPRIETOR/PARTNER/EXECUTIVE
3/2/2008
3/2/2009
E.L. DISEASE-EAEMPLOYE 500 , 000
E$
OFF ICERlMEMBEREXCLUDED? AWC1000891 T $ 5 0 0 , 0 0 0
If ye s, describe under E.L. DISEASE -POLICY LIMI
SPE IAL PROVISIONS below
OTH ER
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTlSPECIAL PROVISIONS
Project: Janitorial Services; Contract No: 04-07/08.
The City of Miami Beach, and its officers, agents and employees are named Additional Insured on a primary and
non-contributing basis with respect to General Liability as required by contract as per form CGL025 (0403).
Thirty (30) days notice of cancellation applies, except *10 days notice of cancellation for non-payment of premium.
City of Miami Beach
Procurement Division
Attn: Gus Lopez, Procurement Director
1700 Convention Center Drive
Miami Beach, FL 33139
ACORD 25 (2001/08)
INS025 oioe osa
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
* 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
AUTHORIZED REPRESENTATIVE
Frank F~ur~m/an ,.~//J~r / I DA
CORD CORPVFCAtIUrv -t y+
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