HomeMy WebLinkAboutR-00-0033J-99-1045
12/3/99
RESOLUTION NO. 0.0 r a
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO THE AGREEMENT, DATED
SEPTEMBER 18, 1997, BETWEEN THE CITY OF MIAMI
AND SIMON LADDER TOWERS, INC., (CONTRACTOR),
FOR A NEW AERIAL TRUCK FOR THE DEPARTMENT OF
FIRE -RESCUE AT A COST NOT TO EXCEED $414,099,
PLUS AERIAL TRUCK NO. 4855 AS A TRADE-IN;
FUNDING FOR THE NEW AERIAL TRUCK HAS BEEN
PREVIOUSLY ALLOCATED IN THE ABOVE CITED
AMOUNT FROM ACCOUNT NO. 313233.289401.6.840
WHEREAS, pursuant to Resolution No. 97-458, adopted
July 10, 1997, the City of Miami and Simon Ladder Towers, Inc.
(the "Contractor") entered into an Agreement on September 18,
1997 for the refurbishment of two aerial trucks for the
Department of Fire -Rescue; and
WHEREAS, pursuant to Resolution No. 98-345, adopted
April 14, 1998, the City awarded the Contractor the refurbishment
of a third aerial truck, identified as truck No..4855 ("Truck
No. 4855"), at a cost not to exceed $414,099; and
WHEREAS, the Contractor and the City have negotiated that
instead of refurbishing Truck No. 4855, the Contractor is willing
to provide to the City a new aerial truck in exchange for Truck
CITY COMESSION
MEETING OF,
JAN 1 3 2000
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No. 4855 and the sum of $414,099, taking said Truck as a trade-in
and delivering to the City a new aerial apparatus; and
WHEREAS, the City wishes to accept the Contractor's proposal
for a new aerial truck; and
WHEREAS, funding for the new apparatus has been previously
allocated from Account No. 313233.289401.6.840;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized'I to
execute an Amendment, in a form acceptable to the City Attorney,
to the Agreement, dated September 18, 1997, between the City of
Miami and Simon Ladder Towers, Inc. (Contractor), for a new
'- The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
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aerial truck for the Department of Fire -Rescue at a cost not to
exceed $414,099, plus Truck No. 4855 as a trade-in, with funds
therefore previously allocated from Account
No. 313233.289401.6.840.
Section 3. This. Resolution shall become effective
immediately upon its adoption and signature of -the Mayor.2/
PASSED AND ADOPTED this 13th day of _ Janary 2.0.00.•
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indics'e opproval of
this legislation by signing it in the designated place pmvided, : air; now
becomes effective with the elapse of tan (10 ays f N the date of issicn , ,cn
regarding same, without the Mayor exerci g v
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ATTEST- Walter
WALTER J. FOEMAN
CITY CLERK
APPROVEDOO-A,y TO, FOf AND CORRECTNES
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ai If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
TO
CITY OF MIAMI. FLORIDA
0
• 29
INTER -OFFICE MEMORANDUM
DATE: j r _ i FILE :
Honorab ayor and FM-062.doc
Memb of the City Commission SUBJECT Execute agreement; Simon Ladder
Towers; Fire -Rescue Dept.
FROM 15onaTd H-.77a—rshaw REFERENCES Commission Meeting 12/14/99
City Manager
ENCLOSURES: Resolution
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the
City Manager to execute an Amendment, in a form acceptable to the City Attorney, to the Agreement,
dated September 18, 1997, between the City of Miami and Simon Ladder Towers, Inc., (Contractor), for
a new aerial truck for the Department of Fire -Rescue at a cost not to exceed $414,099. Funds for this
purchase have been previously allocated in the cited amount from Account No. 313233.289401.6.840,
pursuant to Resolution No. 98-345, adopted April 14, 1998.
BACKGROUND
Pursuant to Resolution No. 97-458, adopted July 10, 1997, the City of Miami and Simon Ladder Towers,
Inc., (the "Contractor"), entered into an Agreement on September 18, 1997 for the refurbishment of two
aerial trucks for the Department of Fire -Rescue.
Pursuant to Resolution No. 98-345, adopted April 14, 1998, the City awarded the Contractor the
refurbishment of a third aerial truck, identified as Truck No. 4855, at a cost not to exceed $414,099.
Upon completion of refurbishment, Quint 5 did not meet the operational standards of the Department. To
resolve this issue, the Contractor agreed to exchange Quint 5 with an aerial truck that met the
Department's operational requirements. This upgrade was at no charge to the City. The exchange was
evidenced by an amendment, dated July 19, 1999, to the Agreement with the Contractor.
To avoid a similar refurbishment problem, the Contractor and the City have negotiated that instead of
refurbishing Truck No. 4855. the Contractor is willing to provide the City with a new aerial truck in
-xchange for Truck No. 4855 and the sum of $414,099, taking said Truck as a trade-in and delivering to
the City a new aerial apparatus. This proposal is financially beneficial_ to the City. A new truck costs
approximately $590,00. By accepting this proposal, the new truck will meet Department specifications
and cost the City $414,099.
It is in the best interest of the City to accept the Contractor's proposal for a new aerial truck. This
Resolution authorizes the City Manager to execute an Amendment to the Agreement accepting this
proposal and setting forth the conditions therefor.
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0,0- 033
J-98-402
4/7198
RESOLUTION NO. 9,S —__2 4 5
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO THE CONTRACT
WITH SIMON LADDER TOWERS, INC., FOR THE
REFURBISHMENT OF ONE 0) ADDITIONAL 100 FOOT
AERIAL TRUCK FOR THE DEPARTMENT OF FIRE -RESCUE, IN
AN AMOUNT NOT TO EXCEED 9414,099, UNDER THE SAME
PRICE, TERMS AND CONDITIONS AS IN THE !N!T: " L
CONTRACT AUTHORIZED PURSUANT TO RESOLUTION NO.
97-458, ADOPTED JULY 10, 1997, WHICH RATIFIED,
APPROVED AND CONFIRMED THE CITY MANAGER'S
FINDING OF SOLE SOURCE, AND WAIVED THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS:
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 313233, *FIRE -RESCUE NEW
APPARATUS ACQUISITION," ACCOUNT CODE NO.
289401-840: AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS REFURBISHMENT.
13:31 No -002 P.01
WHEREAS, Resolution No. 97-458, adopted July 10, 1997, ratified, approved and
confirmed the City Manager's finding of sole source, waived the requirements for
competitive sealed bids, and authorized the execution of a contract with Simon Ladder
Towers, Inc., to refurbish aerial trucks; and
WHEREAS, the Department of Fire -Rescue now requires that all front line aerial
truck have fire suppression capabilities; and
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WHEREAS, there is a need to supplement the existing fleet by refurbishing one (1)
additional aerial truck in order to provide appropriate levels of fire protection to the
community: and
WHEREAS, Simon Ladder. Towers, Inc. continues to be the sole source provider for
these refurbishment services and their work has been satisfactory; and
WHEREAS, funds are available from Capital, I m provement Project No. 313233 "Fire -
Rescue New Apparatus Acquisition," Account Code No. 289401-840, which amount
includes a contingency reserve of $10,000; and . .
WHEREAS, the City Manager and the Director of Fire -Rescue recommend that the
refurbishment of one (1) 100 foot aerial truck by Simon Ladder Towers; Inc., be
authorized;
NOW, THEREFORE, BE IT RESOLVED By THE COMMISSION OF THE CITY OF
MIAMI. FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution
are hereby adopted by reference thereto and incorporated herein as if fully set forth In this
°Section.
Section 2. The City Manager is hereby authorized' to execute an Amendment, in
s' form acceptable to the City Attorney, to the contract with Simon Ladder Towers, Inc.,
authorizing the refurbishment of one (1) additional 100 foot aerial truck for the Department
of Fire -Rescue, in an amount not to exceed i 114,099, under the same price, terms and
conditions as in the Initial contract authorized pursuant to Resolution No. 974458, adopted
July 10, 1997, which ratified, approved and confirmed the City Manager's finding of sole
source, and waived the requirements for competitive sealed bids, with funds therefor
The herein authori2stion is further subject to compliance with ail requirements that may be imposed by the
City.Attornev, including but not limited to those prescribed by applicable City Charter and Code provisions.
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hereby allocated from Capital improvement Project No. 313233, "Fire -Rescue New
Apparatus Acquisition," Account Code No. 289401-840.
Section 3. The City Manager is hereby authorized to instruct the Chief
Procurement Officer to issue a purchase order for said refurbishment.
Section 4. This Resolution shelf become effective immediately upon its adoption.
PASSED AND ADOPTED this 14th day of April , 1998.
JOE CAROLLO, MAYOR
In am Balm whh MlaN Code Sea 2.313, since the Mayor did not Indicates approvel of
this legislation by signing It in the designated place provided, said legislation
becoRtes edfective with the elapse of ten ( . -, days frorrr the date of Coma�.issicn action
ATTEST: regarding eame, without tits Mayor ex a
a �
Waftkr.�-oerfvan. City Clerk
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY:
'64"li `
0 RGE . WYSONG, It
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JCJEL EDWARDXWELL N�
( I TERIM CITY ORNEY
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J-97-432
6/30/97
RESOLUTION NO 97- 455
A RESOLUTION, BY A FOUR-FIFTHS (4/57HS)
AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF
SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE
R.EFURBISHME24T OF TWO (2) EXISTING AERIALS
TRUCKS FOR THE DEPARTMENT OF FIRE -RESCUE BY
SIMON LADDER TOWERS, INC., AT AN AMOUNT NOT
TO EXCEED $782;`820.00; ALLOCATING FUNDS
THEREFOR FROM GENERAL FUNDS PROJECT
NO. 001000.920708.6650.84019; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE.
ORDER FOR SAID REFURBISHMMM.
WHEREAS, the Department of Fire -Rescue now requires that all
front line aerial devices have fire suppression capabilities; and
WHEREAS, due to the reorganization of the Department of
Fire -Rescue, there are nine fewer fire suppression apparatus
capable vehicles and a need exists to supplement the existing
fleet by refurbishing two Aerials Trucks in order to provide
appropriate levels of fire protection to the community; and
WHEREAS, it has been determined that Simon Ladder Towers,
Inc. is the only company that can refurbish the steel aerials and
furnish the City of. Miami with product liability for as long as
the units remain in service; and
WHEREAS, the City Manager and the Fire Chief recommend that
the requirements for competitive formal sealed bids be waived and
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that Simon Ladder 'Tourers, Inc.. be .approved as the sole source
provider for said refurbishment; and
WHEREAS, funds in the amount of $782,820.0.0 are available
from 'General Funds Project No. 001000. 920708. 6650. 84019 for;said
refurbishment, which amount includes a, contingency, reserve of
$5,000.m;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this- Resolution are hereby adopted by, reference
thereto and incorporated herein- as if fully set forth'in' thi''s
Section.
Section 2. ' By a ,four-fifths (4/5ths') affirmative .vote of'
the members of the City Commission, after a duly advertised
public hearing, the City Manager's finding of solesource is
hereby, 1. ratified, approved and. 'confirmed, the requirements for
competitive-sealed bide are hereby waived and the request for the
refurbishment of two �(2) aerials trucks for the 'Department of
Fire-Rescue by Simon-Ladder Towers., Inc.. is hereby approved, with..
funds therefor hereby allocated,. from General Funds, 'Project
No. 001000.920708.6650.84019 for said refurbishment.
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Section 3. The City Manager is hereby authorized to
instruct the Chief Procurement Officer to issue apurchase order
for said refurbishment.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 10th day of July 1997.
i JOB CAROLLO MAYOR
ATTEST:
WALTER J. FOWMAN
.CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
JOMW; III
CITY ATTORNEY
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AGREEMENT
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This Agreement is entered into this 11 day of Abg4st,..1997, by and between the City of
Miami, a municipal corporation of the State of Florida ("City") and Simon Ladder Towers, Inc., a
Pennsylvania corporation ("Contractor").
RECITAL
A. The City is in need of refurbishing two (2) Aerial Trucks utilized by the City's
Department of Fire -Rescue, in order to provide appropriate levels of fire protection to the
community.
B. Contractor has submitted a proposal for the refurbishing services and the
completion of two (2) Re -manufactured 100' Aerial Tower Fire Apparatus (the "Services"),
which meets the City's specifications (the "Proposal). The Proposal is attached hereto as Exhibit
"A" and is by this reference incorporated into and made a part of this Agreement.
B. The Commission of the City of Miami, by Resolution No. 97-458, adopted on July
10, 1997, approved the Proposal and authorized the City Manager to execute a contract with
Contractor, for the provision of the Services, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Contractor and the City agree as follows:
TERMS
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1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
2. TERM: The term of this Agreement shall commence upon full execution hereof and
shall end upon satisfaction of all of the obligations of the parties hereunder.
3. SCOPE OF SERVICE:
A. Contractor agrees to perform the Services and to deliYer to the City two (2) Re-
manufactured 1.00' Aerial Ladder Fire Apparatus (the "Equipment"), iti accordance with the terms
and conditions of the Proposal. Without limiting the generality of the foregoing, Contractor
agrees that the Equipment shall be completed 'at Contractor's factory, and delivered to the City; at
suchlocation as the City may designate; within 180 calendar days 'after full, execution of this.
Agreement and completion of a Pre -Construction Conference; in accordance, with the Proposal.
B: Contractor represents and warrants to the . City that: (i) it possesses . all
qualifications, licenses and expertise required for the performance of the Services; (ii) it is not
delinquent in- the payment -of any sums due the City, . including payment of permit fees;.
occupational licenses, etc., nor in the performance of any obligations ,to the City; . (iii) all.
personnel assigned to perform the Services, are and shall be, -at all times during the term hereof,
fully qualified and trained . to perform the tasks assigned to each; (iv) the Services will. be
performed in accordance with the provisions of the Proposal, and (v) all material. and
workmanship in and about the Equipment shall comply with the specifications contained in the
Proposal
4. WARRANTY: Contractor warrants labor and. material in and about the Equipment
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as set forth in Exhibit "B", attached hereto and made apart hereof.
5. PRICE AND TERMS OF PAYMENT:
A. The price for the Equipment is Seven Hundred Seventy -Seven ,Thousand Eight
Hundred Twenty Dollars ($777,820). The City shall pay, to Contractor the full price, net, of any
applicable local, state or federal taxes which may be applied to the Equipment; after delivery,
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testing and acceptance by the City of the Equipment. The City's acceptance of the Equipment
shall be evidenced by the execution of a Certificate of Acceptance for each.
B. Payment shall be made to Simon Ladder Towers, Inc., 64 Cocalico Creek Road,
Ephrata, Pennsylvania 17522, within forty five (45) days after receipt of Contractor's invoice.
C. The parties hereto agree that the Equipment shall remain the property of
Contractor, and shall not be placed in service by the City, until the price is paid in full.
6. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Contractor under this Agreement, audit , or
cause to be audited, those books and records of Contractor which are related to Contractor's
performance under this Agreement. Contractor agrees to maintain all such books and records at
its principal place of business for a period of three (3) years after final payment is made under this
Agreement.
B. The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the
goods or services required to be provided by Contractor under this Agreement conform to the
terms hereof and/or the terms of the Proposal. Contractor shall make available to the City all
reasonable facilities and assistance to facilitate the performance of tests or inspections by City
representatives. All tests and inspections shall be subject to, and made in accordance with, the
provisions of Section 18-55.2 of the Code of the City of Miami, Florida, as same may be amended
or supplemented, from time to time.
7. AWARD OF AGREEMENT: Contractor represents and warrants to the City that
it has not employed or retained any person or company employed by the City to solicit or secure
l)Itti:conlrnti 14 fire Appurmtus cult siwrcadoc 3
this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage. brokerage fee, or gift of any, kind contingent upon or in connection with, '
the award of this Agreement.
S. PUBLIC RECORDS: Contractor understands that the,public shall have access, at
all reasonable times, to all documents and information.pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable:,. law. Contractor's:�failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
.Agreement by the City.
9. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS: Contractor
understands that agreements between private entities and local governments are subject to certain
laws and., regulations, including laws pertaining to public records, conflict of interest, record
keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes
and ordinances as the may be amended from time to time.
10. INDEMNIFICATION: Contractor shall indemnify,' defend and hold harmless the
City and its officials, employees and agents (collectively referred to. as "Indemnitees") and each of
them from and against ,all loss, costs, penalties, fines, damages, claims, expenses (including
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attorney's fees) or liabilities (collectively referred to as."Liabilities") by reason of any injury .to or
death of any person or damage to or destruction or loss of any property arising out of, resulting
from, or in, connection with (i) the performance or non-performance of the services contemplated
by this Agreement which is or is alleged to -be directly or indirectly caused, in whole or in part, by
any act, omission, 'default or negligence (whether .active or passive) .of Contractor or its
emplovees, agents or subcontractors (collectively, referred to as " Contractor"), regardless of
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whether it is, or is alleged to be, caused in_ whole or part (whether joint, concurrent or
contributing) by any act, omission, default or negligence (whether active or passive) of the
Indemnitees, or any of them or (ii) the failure of the Contractor to comply with any of the
paragraphs herein or the failure of the Contractor to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, federal or state, in connection with the
performance of this Agreement. Contractor expressly agrees to indemnify and hold harmless the
Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee
or former employee of Contractor, or any of its subcontractors, as provided above, for which the
Contractor's liability to such employee or former employee would otherwise be limited to
payments under state Workers' Compensation or similar laws.
11. DEFAULT: If Contractor fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Contractor, terminate this Agreement whereupon all
payments, advances, or other compensation paid by the City to Contractor while Contractor was
in default shall be immediately returned to the City. Contractor understands and agrees that
termination of this Agreement under this section shall not release Contractor from any obligation
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accruing prior to the effective date of termination. Should Contractor be unable or unwilling to
commence to perform the Services within the time provided or contemplated herein, then, in
addition to the foregoing, Contractor shall be liable to the City for all expenses incurred by the
City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred
by the City in the re -procurement of the Services, including consequential and incidental damages.
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12: RESOLUTION OF CONTRACT DISPUTES: Contractor understands and agrees
that all disputes between Contractor and the City based upon an alleged violation of the terms of
this Agreement by the. City shall be submitted to the City Manager for his/her resolution, prior to
Contractor being entitled to seek judicial relief in connection therewith. 'In the event that the
amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be.
approved or disapproved by the City Commission. Contractor shall not be entitled to seek
judicial relief unless: (i) it .has first received City Manager's written decision, approved by the
City Commission if the amount of compensation hereunder exceeds $4;500,' or (ii) a period of
sixty (60) days has expired, after submitting to the City Manager a detailed statement of the
dispute, accompanied by, all supporting documentation (90. days if City Manager'sdecision is
subject to City Commission approval); or (iii) City.has waived compliance with the,procedure set
forth in this section by written instruments, signed by the CityManager.
13. CITY'STERMINATION RIGHTS:
A. The City shall have. the right to terminate this Agreement, in its sole discretion, at
any time, by giving written, notice to Contractor ,at least five (5) business days ,prior to the
effective date of such termination. In such event, the .City shall pay to Contractor compensation
for services rendered and expenses incurred prior to the effective date of termination. In no, event
shall the City be liable to Contractor for any additional: compensation, other than that provided
herein, or for any consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice to
Contractor, upon, the occurrence of an event of default hereunder: In such event-, the City shall
not be obligated to pay any amounts to Contractor'and Contractor shall, reimburse to the City all
amounts received while Contractor was in, default under'this Agreement.
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14. PERFORMANCE BOND: Prior to the commencement of any work hereunder,
Contractor shall obtain and deliver to the City a Performance Bond. satisfactory to the City in
form and substance.
15. INSURANCE Contractor shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the City. All such insurance, including renewals, shall
be subject to the approval of the City for adequacy of protection and evidence of such coverage
shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force
and effect and providing that it will not be canceled during the performance of the services under
this contract without thirty (30) calendar days prior written notice to the City. Completed
Certificates of Insurance shall be filed with the City prior to the performance of services
hereunder, provided, however, that Contractor shall at any time upon request file duplicate copies
of the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Contractor
of additional liability insurance coverage or coverage which is different in kind, the City reserves
the ri&ht to require the provision by Contractor of an amount of coverage different from the
amounts or kind previously required and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect. Should
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Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days
following the City's written notice, this Agreement shall be considered terminated on the date that
the required change in policy coverage would otherwise take effect.
16. NONDISCRIMINATION: Contractor represents and warrants to the City that
Contractor does not and will not engage in discriminatory practices and that there shall be no
discrimination in connection with Contractor's performance under this Agreement on account of
OR$:contract for lire apparatuh w1c vwucc.doc 7
race; color, sex, religion, age, handicap, marital ,status or national origin,. Contractor further
covenants that no otherwise qualified individual shall.- solely by reason of his/her race, color, sex,
religion, age, handicap, marital status or national origin, be excluded from participation in, be
denied services, or be subject to discrimination under any provision of this Agreement.
17. . MINORITY AND WOMEN BUSINESS AFFAIRS AND ' PROCUREMENT
PROGRAM: The City has established a Minority and Women Business Affairs and Procurement
Program (the "M/WBE. Program") designed .to increase the volume of City procurement Arid'.
contracts with Blacks, Hispanic and Women -owned business. The M/WBE Program is found in
Ordinance No. 10062, a copy of which has been delivered to, and receipt of which is , hereby
acknowledged. by, Contractor. Contractor understands and agrees that the City shall have the
right .to terminate and cancel this Agreement, without notice ,or penalty to the City, and to
eliminate Contractor from consideration and participation in future City contracts if Contractor, in
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the preparation and/or submission of the Proposal, submitted false of misleading information as to
its status as Black, Hispanic and/or Women, owned business and/or the quality and/or type of
minority or women owned business participation.
18. ASSIGNMENT: This Agreement shall not be assigned by Contractor, in whole or in
part, without the prior written consent of the City's, which may be .withheld or conditioned, in the
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City's sole discretion.
19. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by han&delivery, or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or -to such other
.address as aparty may designate by notice given as herein provided. Notice shall be deemed
(,)kS ciWiirao 14 fire a(+puruws .ulc wiurcc.dix
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given on the day on which personally delivered. or, if by mail, on the fifth day after beim; posted
or the date of actual receipt, whichever is earlier.
TO CONTRACTOR:
TO THE CITY:
Simon Ladder Towers, Inc. Department of Fire and Rescue
64 Cocalico Creek Road 1151 N.W. 7"' Street
Ephrata, PA 17522 Miami, Florida 33136
Attn: Attn: Chief. Fred Hernandez
20. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
ORS:umtrno for firc aNwatuX molt wwrcc.dix. 9
•
E. .This Agreement constitutes the sole and. entire agreement between the parties
hereto.. No modification or, amendment. hereto shall be valid unless in writing and' executed by
property authorized representatives of the parties hereto.
21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
22. INDEPENDENT CONTRACTOR: Contractor has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Contractor shall not attain; nor be entitled to, any rights or
benefits under the Civil ' Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees., Contractor 'further understands` that Florida
Workers' Compensation benefits available to :employees of the . City are not available to
Contractor, and agrees to provide workers' compensation insurance for any employee. or agent of
Contractor rendering services to the City under this Agreement.
23. CONTINGENCY CLAUSE: Funding, for this Agreement is contingent on the"
availability,.of funds and. continued authorization for program activities and the 'Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations,
upon -thirty ,(30) days notice.
24. REAFIRMATION OF REPRESENTATIONS: Contractor hereby reaffirms all of the,
representations contained in the Proposal.
25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject 'natter 'hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
(>N.Nxo,n1ra4a IM IRC Ypparaws NDIC soorcc.dox: 10
03 Y
negotiations, or representations not expressly set forth in this Agreemect are of no force or effect.
26. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each
of which shall constitute an original but all of which, when taken together, shall constitute one and
the same agreement.
27. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review
and approve all pending City of Miami contracts. As a result, contracts shall not be binding on
the City until such time as they have been approved by the Oversight Board. Execution of this
Agreement by the City Manager shall constitute evidence of its approval by the Oversight Board.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
h'�':i4�
ATTE T:
Iter Foeman, City Clerk
ATTEST:
Print Name: Debra
Title: Corporate
OR\:c mtract lir lire apparalw wlc wurcc.thw
"City"
CITY OF MIAMI, a municipal
By: L-6kNcyv
Edward Marquez,
"Contractor"
Simon Ladder Towers,
a Pennsylvania corpor�d
Print Name\ B
Title: President
M. Woodward
GO-- 033