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HomeMy WebLinkAboutBack-Up Documents4iami ANNIE PEREZ, CPPO D.-AN[EL J..AI..FONSO ChNrP-o;:tircirenl Of'iic.r C' ti �larrr r: AGREEMENT FOR BUCKET TRUCK RENTAL BETWEEN CITY OF MIAMI AND GLOBAL RENTAL CO., INC. ADDENDUM 1) The provisions of this Addendum shall supersede any and all provisions in any other Agreement or understanding between the parties whether oral or in writing, and in the event a provision of this Addendum conflicts with a provision of the Global Rental Co.; Inc. ("Global") Equipment Rental Agreement ("Agreement") or seeks to eliminate a provision of Global's Agreement, the provisions of this Addendum shall apply. 2) All references to the City of Miami as ("you') or ("your") shall be replaced by ("City"). 3) Article 1, of the Agreement is hereby amended with the following language; The term of each rental shall be set forth in the corresponding Acknowledgement and shall continue, without allowance for time not in use, until the City of Miami (City) requests in writing, that the Equipment is to be picked up by Global by a specific date. If, during the rental term, the Equipment is damaged, the equipment will be returned and repaired by Global in accordance with the terms of this Addendum. 4) Article 2, subsection A. of the Agreement, titled "Rent" is hereby deleted in its entirety, and replaced with the following language, All invoices issued by Global will be processed within forty-five (45) days, from the date of issuance in accordance with Florida Statues Sections 218.73 and 218.74 of the Prompt Payment Act. All payments not made within forty-five (45) days shall accrue interest thirty (30) days following their due date at the rate of one (1) percent per month (e.g., 12% per year, or such lesser rate as may be the maximum permissible rate under applicable State of Florida laws). No advance or future payments shall be made at any time. Global shall complete and provide the required paperwork to the City for payment processing via Automated Clearing House (ACH), if so desired. I7-1587 5) Article 2, subsection B. of the Agreement, titled "Damage" is hereby deleted in its entirety, and replaced with the following language; The City has opted to purchase Physical Damage Coverage from Global for all rented equipment. Any damage to the Equipment will covered by the Physical Damage Coverage Insurance. 6) Article 2, subsection C. of the Agreement, titled "Maintenance" is hereby deleted in its entirety, and replaced with the following language; The City has opted to pay for oil changes, as stated in the quote and will not perform any routine services, or preventative maintenance to the Equipment. If any scheduled maintenance is required during the rental term, Global will pick up the Equipment and replace it with an equivalent piece of equipment, or the rental Agreement will be placed on hold, with no charges of any kind to the City, until the Equipment is returned to the City. 7) Article 2, subsection D. of the Agreement, titled "Operation" is hereby amended with the following language; The City will allow only qualified persons to operate the Equipment, and will assure that its operation is in compliance with any applicable laws, regulations, or standards. Responsibility for liability, damage, or harm arising from operation of the Equipment during the rental term shall be in accordance with subsection E and Article 3 of the Agreement. 8) Article 2, subsection E. of the Agreement, titled "Insurance" is hereby deleted in its entirety, and replaced with the following language; The City operates a self -insured program in accordance and subject to the limitations of Section 768.28 of the Florida Statues. The City will furnish its customary statement letter regarding its self-insurance upon written request from Global to the City of Miami Risk Management Director giving the contract name and number. 9) Article 3 of the Agreement is hereby deleted and replaced with the following language; The City expressly acknowledges and accepts its responsibility under applicable law (only to the extent allowed by Section 768.28 of the Florida Statutes) for bodily injury and property damage liability, or injury to persons or property arising out of or resulting from the negligence of the City under this Agreement, unless such claim or demand shall arise out of the negligence or willful misconduct of Global, its servants, agents, employees, or assigns, or to claims in the nature of contract, equity, or violation(s) of an applicable law. This is a statement of City responsibility, but is not to be construed or interpreted as a hold harmless, duty to defend, covenant not to sue, release, or indemnification by the City to any third party, including but not limited to Global. Excepting only the express statement in this paragraph, the City expressly reserves its sovereign immunity and its privileges, defenses and claims relating to its sovereign immunity. Page 2 10) Article 4 of the Agreement is hereby amended with the following language; The City acknowledges that Global makes no warranty or representation, either express or implied, with respect to the Equipment, its design, its condition, its merchantability, or its fitness for a particular purpose. Global will not be liable for any incidental or consequential damages arising from the Equipment, the City's use of the Equipment, or any inability to use the Equipment, unless as a direct result from non - maintenance as specified in Article 2. 11) Article 5 of the Agreement is hereby amended with the following language; Global may terminate this Agreement or any rental hereunder upon a thirty (30) day written notice to the City if the City fails to pay the required rent, fails to meet any obligation under this Agreement, goes out of business, or goes bankrupt. Global has the right of immediate possession of the Equipment upon any such termination. The City may terminate this Agreement at any time, for convenience, upon written notification, effective upon a thirty (30) day written notice to the City, and have any charges for rental, or insurance prorated to the date of termination. City shall have no liability except to pay such rental or oil change charges through the effective date of termination. The City will not be liable for damages or suffer other recourse from Global for cancelling the Agreement in accordance with this Section except as expressly specified herein. 12) Article 6, Public Records is hereby added with the following language; 1. PUBLIC RECORDS: Global hereby agrees and understands that the public shall have access, at all reasonable times, to all documents and information pertaining to the City, subject to the provisions of Chapter 119, Florida Statutes, and any specific exemptions there from, and Global agrees to allow access by the City and the public to all documents subject to disclosure under applicable law unless there is a specific exemption from such access. Global's failure or refusal to comply with the provisions of this section shall result in immediate termination of the Contract by the City. Pursuant to the provisions of Section 119.0701, Florida Statutes, Global must comply with the Florida Public Records Laws, specifically Globai must: 1) Keep and maintain public records required by the City in order to perform the service. 2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law except as authorized by law for the duration of the contract term and following completion of the contract if Global does not transfer the records to the City, Page 3 4) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF GLOBAL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SELLER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416- 1830, Via email at PublicRecords@miamigov.com, or regular email at City of Miami Office of the City Attorney, 444 SW 2nd Avenue, 9th FL, Miami, FL 33130. 13) Article 7, Order of Precedence is hereby added with the following language; Order of Precedence: In case of any contradictions and discrepancies between the parts of the Agreement, precedence shall be given in the following decreasing order: a) This Addendum b) The articles of the Agreement 14) Article 8, Merger is hereby added with the following language; This Agreement and the other documents expressly referenced herein constitute the full and final Agreement between the parties as to its subject matter. This Agreement supersedes and controls over all prior and contemporaneous communications and other writings as to its subject matter. 15) Article 9, Applicable Laws, Venue, and Attorney's Fees is hereby added with the following language; This Agreement will be construed and interpreted per the laws of the State of Florida. Venue in all actions or proceedings between the parties arising out of this Agreement shall be in a court of competent jurisdiction located in Miami -Dade County, Florida. Each party shall bear their own attorney's fees. Page 4 16) Article 10, Notices is hereby added with the following language; All notices, or other communications required under this Agreement, shall be in writing, and shall be given by hand -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 a party may designate by notice, given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted, or the date of actual receipt, whichever is earlier. TO SELLER GLOBAL: TO THE CITY: Global Rental Co., Inc. Dave Levenick, Senior Acct. Manager 33 Inverness Center Parkway Suite 250 Birmingham, AL, 35242 Daniel J. Alfonso City Manager 444 SW 2nd Avenue, 10u- Floor Miami, Florida 33130 Victoria Mendez City Attorney 444 SW 2r'd Avenue, 9th Floor Miami, Florida 33130 Annie Perez, CPPO Procurement Director City of Miami 444 SW 21d Avenue, 6 h Floor Miami, Florida 33130 Page 5 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized. "Global" Global Rental Co., Inc. BY: Dave Lerverck, Senior Account Manager' DATE: l-D IZ ATTEST: Cor /7 a rporate Secreta /Nota W NSTON M. RAMSARAN Notary Public - State of Florida • My Comm Expires Oct 22. 2017 •ommiss n # rF 032299 -„ ea I/Natary,SPIada! H„tart' Assn "City" CITY OF MIAMI, a municipal corporation BY: Daniel J. Alfon oCjt M1j�fger DATE: .7 /7- .?, �"1ATT E S T Public Todd Hannon, City C APPROVED, TO �'ANCE REQUIREMENTS. f Ann- arie'harpe, Director Risk anagement APPROVED AS TO LEGAL FORM AND CORRECTNESS: 2 67 Victoria Mendez, City Attorne ./ i l-e it 1 I Please attach company resolution of Lessor authorizing signatory to sign these Contracts. Page 6 Notification Details Page I of 2 i:1r1iAMi Production 46. N A ilgatMr Oracle Applications Home Page > •es Home Logout Preferences Help In formation This notification does not require a response. Response to Requisition 157451 Change Request(17,082.00 USD) for Revuelta, Sheiza From Giraido, Victoria To Revuelta, Sheiza Sent 17-Oct-2017 07:30:01 ID 8487719 Requisition Lines Indicates new value New Requisition Total Old Requisition Total New Non -Recoverable Tax Old Non -Recoverable Tax OK 1 Reassign Request information 1 17,082.00 USD 17,082.00 USD 0.00 USD 0.00 USD Cost Order Need- Price Amount Cancel Overall Line Description Supplier Center Type Order By Unit Quantity (USD) (USD) Line Status Rental of two 11-Ju1- (2) Bucket 2017 3 15,000.00 Trucks for a Global 13:05:45 5 wi 5000 25,000.00 1 three (3) Rental 204000 Purchase 1706463 Month Rejected month cycle - Company AT37G Inc Physical 11-Jul- damage Global 2017 3 882.00 coverage Rental 13:05:45 1 470.00 r 2 (each rental Company 204000 Purchase 1706463 Month 5 �� 294 Rejected cycle) Inc Transportation Global 11-Ju1- Charge - Rental 2017 Delivery to Company 13:05:45 3 Location Inc 204000 Purchase 1706463 Each Transportation Global 11-Ju1- Charge - Rental 2017 4 Delivery from Company 204000 Purchase 1706463 13:05:45 Each Location Inc1 600 600.00 Approval Sequence Revuelta, Sheiza Santana, Juvenal Jr Rejected 1 600 600.00 Num Name Action Action Date Note 8 Santana, Juvenal Jr Approved 16-Oct-2017 1740:03 7 Revuelta, Sheiza Approved 16-Oct-2017 17:25:01 6 Vieux, Norma S Change 16-Oct-2017 13:53:47To extend contract period due to additional work Requested from Irma 5 Falcon, Eduardo J (CMIA Approved 18-Jul-2017 16:07:27 EJF Per approved emergency, create PO once COMMODITY LEADER) signed and executed agreement has been http://imap1.riverside.cmgov.net:8003 OA_HTML/OA.jsp?OAFunc=FND_WFNTF_DE... 10/17/2017 Notification Details Page 2 of 2 4 Santana, Juvenal Jr 3 Revuelta, Shelza 2 Vieux, Norma S 1 Vieux, Norma S Return to Work!ist Privacy Statement Approved Approved Reserved Submitted 18-Jul-2017 16:05.04 IS-Jul-2017 15:55:05 10-30-201713 :16: 38 10-Jul-2017 13:16:37 signed. OK I Reassign Horne Logout Preferences Help Request Information Copyright (c) 2006. Oracle Ail rgrts reserred http://imap1.riverside,cmgov,net:8003/0A_HTML/0A jsp?OAFunc=FND WFNTF _DE... 1 0/1 7/2017 Global Global Aenbl Cn_ Inc Dave Levenick Global Rental Co 3755 Interstate Park Road W Riviera Beach, FL 33404 Phone: (561) 252-1076 Fax: (561) 686-6972 Quote #: Deliver to: Seymour Placide City of Miami Phone: Email: Email: splacide@miamigov.com Acct. # PO # Date: 11/7/2017 Rental start date to be determined Qty Item # Name Price Total 2 2 2 2 AT37G monthly rate (28 day cycle) Physical Damage coverage (each rental cycle) Tra nsporta ion charge: Delivery to your location Pick up at your location $2,500.00 $147.00 $300.00 $300.00 $5,000.00 $294.00 $600.00 $600.00 Sub Total TOTAL $6,494.00 $6,494.00 Comments: Quote valid for 60 days Office Use Only: Thank you for your business.