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HomeMy WebLinkAboutReso 2013-2092 RESOLUTION NO. 2013- R 1021 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSALS (RFP) NO. 13-06-01; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH AUDIO VISUAL INNOVATIONS TO UPGRADE THE AUDIO VISUAL SYSTEM IN THE COMMISSION CHAMBERS,IN AN AMOUNT NOT TO EXCEED NINETY- NINE THOUSAND TWO HUNDRED FIFTEEN DOLLARS AND SEVENTY- SIX CENTS (S99,215.76), AND REQUIRING LEGAL REVIEW BY THE CITY ATTORNEY FOR SAID AGREEMENT; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission Chambers is where elected officials, City staff, and the public meet to conduct official City business,and where key policy decisions are made that affect the entire community; and WHEREAS, the City of Sunny Isles Beach desires to upgrade the existing Audio Visual System within the City Commission Chambers, and the City issued Request for Proposals No. 13- 06-01 ("RFP") for a "turn-key" upgrade of the Audio Visual System equipment located in the Commission Chambers, for which two (2) responses were received; and WHEREAS, the bid response from Audio Visual Innovations was determined to be the lowest most responsive responsible proposer to upgrade the audio visual system equipment in the Commission Chambers; and WHEREAS, the City Commission authorizes the City Manager to proceed in negotiating and entering into an Agreement with Audio Visual Innovations,to upgrade the Audio Visual System in the City Commission Chambers, in an amount not to exceed Eighty-Six Thousand Two Hundred Seventy-Four Dollars and Fifty-Seven Cents ($86,274.57), plus up to a 15% additional project contingency for a total amount not to exceed of Ninety-Nine Thousand Two Hundred Fifteen Dollars and Seventy-Six Cents ($99,215.76), and requiring legal review by the City Attorney for said Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. Award of Bid and Authorization of City Manager and City Attorney. The City Commission hereby awards Bid No. 13-06-01, and authorizes the City Manager to proceed with negotiations and enter into an Agreement with Audio Visual Innovations,to upgrade the audio visual system in the City Commission Chambers, in an amount not to exceed Ninety-Nine Thousand Two Hundred Fifteen Dollars and Seventy-Six Cents($99,215.76),and requiring legal review by the City R2013-Audio visual Innovations Rfp 13-06-01 Page I of 2 . Attorney for said Agreement. Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 18th day of July 2013. /A ,4 orman S. Edelcup,/ ayor d t ' ATTEST: Jane A. Hines,.CIVIC, City Clerk ` APPROVED AS TO FORM AND LEG • . SUFFICIENCY: /I _ 111 a :Tr i ot, g y Attorney Moved by: cow Seconded by: V kG2 j pr A - Vote: •5-b Mayor Edelcup ✓(Yes) (No) Vice Mayor Aelion ✓Yes) (No) Commissioner Gatto V(Yes) (No) Commissioner Levin ✓ Yes) (No) Commissioner Scholl (Yes) (No) R2013-Audio Visual Innovations Rfp 13-06-01 Page 2 of 2 SO„r1Y Itf AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND AUDIO VISUAL INNOVATIONS,INC. CONTRACT NO. C1213-059 THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this ay of August, 2013, by and between the CITY OF SUNNY ISLES BEACH, Florida, a municipal corporation of the State of Florida, (hereinafter referred to as "City"), and AUDIO VISUAL INNOVATIONS, INC., a wholly owned subsidiary of AVI-SPL, Inc., authorized to do business in the State of Florida (hereinafter referred to as "Contractor"), whose Federal I.D. # is 59-1958935 RECITALS WHEREAS, the City of Sunny Isles Beach is in need of a Contractor to upgrade the Audiovisual System in the City's Commission Chambers ("Services"); WHEREAS, the City issued Request for Proposal No. 13-06-01 for a turn-key upgrade of the Audio Visual System equipment, which is incorporated herein by reference; WHEREAS, the City wishes to employ Contractor to install audio visual equipment in the City's Coilmlission Chambers as well as other tasks as more specifically described in Attachment "A," attached hereto and made a part.hereof; WHEREAS, the Contractor is qualified, willing and able to provide the desired Services pursuant to the terms and conditions set forth in this Agreement and Request for Proposal No. 13-06-01, which is incorporated herein by reference; WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachment "A" for a total amount not to exceed Eighty-Six Thousand Two Hundred Seventy-Four Dollars and Fifty-Seven Cents ($86,274.57). NOW THEREFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as set forth below: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide to the City the Services as more particularly described in Attachment "A" attached hereto and made a part hereof, and Request for Proposal No. 13-06-01, which is incorporated herein by reference. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 11 hereunder, the term of this Agreement shall commence from the issuance of a Notice to Proceed from the City Manager or his designee and shall terminate upon the completion of Services, within the deadline set forth in the Notice to Proceed. 4. COMPENSATION. The Contractor agrees to provide the Services in a total amount not to exceed Eighty-Six Thousand Two Hundred Seventy-Four Dollars and Fifty-Seven Cents ($86,274.57) for the performance of the Services. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" attached hereto, and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this Agreement. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense• or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the deadline set forth in the Notice to Proceed is not met, and in the absence of any extended calendar days extension granted by the City Manager or his designee, then the Contractor shall be required to pay a liquidated damage penalty of $400.00 (Four Hundred Dollars) for each calendar day beyond the required deadline, continuing to the time at which the Services are complete. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall also he entitled to withhold fifty percent (50%) of the total Compensation to be paid to Contractor until final completion and acceptance of the Services. 6. PERFORMANCE AND PAYMENT BOND 6.1 With the execution and delivery of this Agreement. the Contractor shall furnish the following Surety bond in form contained herein: a. Performance and Payment Bond guaranteeing full and faithful execution of the Services in an amount equal to 100 percent of the Compensation as set forth in Section 4 above, and including guaranteed repair and maintenance of all defects clue to faulty materials and workmanship that appear within one year after final completion of contract. 6.2 The Performance and Payment Bond shall be executed by Surety authorized to do business in the State of Florida and listed on the latest U.S. Treasury Department list of companies holding certificates of authority as acceptable sureties on Federal Bonds. 6.3 The Performance and Payment Bond shall be executed by an Attorney-in-Fact on behalf of the Surety, shall have affixed thereto a certified and current copy of Power of Attorney, indicating the monetary limit of such power. 6.4 Qualifications: A Performance and Payment Bond must be executed by a Surety Company of recognized standing, authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least (5) years. In addition to the above minimum qualifications, the Surety Company must meet the following additional qualifications. 1. The City will accept a surety bond from a company with a rating of B++ or better for bonds up to $1 million, provided, however, that if any Surety Company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the Surety Company based on the financial information available to the City. A Surety Company that is rejected by the City may be substituted by the bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. a. The Surety Company shall have at least the following minimum ratings: Amount of Bond Policyholder's Rating Financial Size Category 100,000 to 1,000,000 B++ Class V or higher 1,000,001 to 2,000,000 A- Class VI or higher 2,000,001 to 5,000,000 A Class VII or higher b. All Surety Companies are subject to review and approval by the City Manager or his designee and may be rejected without cause. All bonds signed by an Agency must be accompanied by a certificate of authority to act. 6.5 The Surety Company shall submit verification from the Department of Insurance Office of the Treasurer stating the surety company's license and certificate of authorization to do business in the State of Florida . I 7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set forth below: (a) General liability insurance with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Contractor or the acts or omissions of Contractor in connection with such operation. (b) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (c) Business Automobile Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non-owned vehicles. Employers' non-ownership. Such policies of insurance shall not diminish Contractor's indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty(30) calendar days prior written notice to the City Manager or his designee. 9 OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. 10. DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS. Contractor agrees to defend, indemnify and hold harmless, the City, its officers, agents,employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of Services under this Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 11. TERMINATION. A. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement • (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor(and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all services satisfactorily performed prior to the date of termination. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Contractor and the City may reasonably withhold payments to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by giving written notice to Contractor which shall become effective ten (IC) clays following receipt by Contractor. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit cf creditors. 12. WARRANTY OF CONSTRUCTION 12.1 The Contractor shall warrant that the Services conform to the Agreement and are free of any patent and/or latent defect of the workmanship for a minimum period of one year from the date of final completion of the Services. This warranty shall b e in addition to w hate ver rights th e City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 12.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of Y� good quality, free from faults and defects and in conformance with the a q Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 12.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. 13. CHANGE ORDERS 13.1 Changes in the quantity or character of Services or to the contract amount shall be authorized only by change orders approved in advance and issued in accordance with the provisions of this Agreement. 13.2 All changes to the Services or the construction schedule must be pre-approved in writing by the City Manager or his designee in accordance with the value of the change order or the calculated value of the time extension. All change orders must be pre-approved in writing by the City Manager or his designee. 13.3 Contractor must submit claims for increased costs because of a change in scope of Services, whether for the purchase order amount or contractor's handling, labor, installation, overhead, and profit. Contractor shall submit claims within fourteen (14) days of receipt of the change order or construction change directive authorizing work to proceed. The City or its designee will reject claims submitted later than fourteen (14) clays after such authorization. Contractor also agrees to the following conditions: • Do not include Contractor's or subcontractor's indirect expense in the change order cost unless it is clearly shown that the nature or extent of work has changed from what could have been foreseen from information in the contract documents. • No change to Contractor's indirect expense is permitted for selection of higher or lower priced materials or systems of the same scope and nature as originally indicated. 13.4 On the City's approval of a proposal request, the City or its designee will issue a change order for signatures of the City and the Contractor. Contractor shall not be authorized to proceed with any additional changes in the quantity or character of Services without this written authorization from the City. 14. DEFECTIVE WORK 14.1 The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non-defective work. Contractor shat! bear all direct and indirect costs of such removal or corrections of the defective work. 14.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become clue to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. 14.3 If, within one (1) year after the date of final completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is Found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 14.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. 14.5 Where the City or its designee becomes aware of faults, defects or non- conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non-conforming work. 15. SAFETY PRECAUTIONS: In performing its Services under this Agreement, the Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the work site, members of the public and other persons who may be affected thereby; (2) the work and materials and equipment to be incorporated therein; and (3) other property at the job site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on the safety of persons and property and their protection from damage, injury, or loss, including but not limited to, Occupational Safety and Health Administration ("OSHA"). The Contractor shall be responsible for ensuring that the performance of Services is in full compliance with all such safety requirements. 16. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign or transfer any work under this Agreement with the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 17. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waives the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written)or actions of either of party. 18. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall he held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 19. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 20. NOTICES. All notices and other communications required or permitted to he given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot, City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Ave. 4" floor 18070 Collins Ave. 4''' floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Fl 33160 Tel: (305)792-1701 Tel: (305) 792-1702 If to the Contractor: Bill Lee Audio Visual Innovations, Inc. 772 South Military Trail Deerfield Beach, FL 33442 Tel: (954)938-9382 Fax: (954) 776-4772 21. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 22. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE(3) years. 23. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 24. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Contractor further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 25. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to Attachment "A", attached hereto and incorporated herein, and Proposal No. 13-06-01, which is incorporated herein by reference. 26. ENTIRE AGREEMENT. This Agreement, together with Proposal No. 13-06-01. contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. WITNESS: AUDIO VISUAL INNOVATIONS, INC. - 4 ty.4 - BY: ,/r Sign and print name of corp. rep. ROBERT A. MAIER, GENERAL MANAGER !U� Print Nae WILLIAM J. LEE CITY OF SUNNY ISLES BEACH BY: Christopher J. Russo, City Manager ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY B iiYAI� Jane A. Hines, CIMIC, City Clerk � s It F. City Attorney Audio Visual Innovations, Inc. -A wholly owned subsidiary of AVI-SPL, Inc. 7/2 South Military Trail ,,,,`,,\;flii Deerfield Beach. FL 33 442 , ' , =, - r: a (954)938-9382 Fax(954) /76-4772 wwVW avi s.L Call t' : . Fir&.gf ttn,i' {1; xtf ''' {."t _.� 1 ijc. $ 4 ` .t r ,` f t' i r '': +, t t 'n` ,_. t ;x .tt'. . -'1,' ti�t.+rd' ..-'4...;C''...,''''''''4114' 4 i,aft �., , zj s ,rr ' 44 .. ,:. K �w t QUIPt.NT LISA 1 4 . ` ...r .,,, °rr ',,,..,r;.4-it...,,,irF Lxt.,,.,,,. >r ° ' r ern 7 .r`kS,2'k{X . t 1 ` ,#, ftAiikP' Q11 ) Pfe filed Bill Lee "� "rr City of Sunny Isles Beach ,.Date.P.repafedi August 12,2013 18070 Collins Avenue P.t gsgpu T e OP 192842 Sunny Isles Beach.FL 33160 + ? (1.0 ' Commission Chambers Mike Tribby October 11,2013 a i- s 1 }* 4. QD �`� ,14 , n4,ti','P').".-:"t ''''''I'41.`?, IT p PP ' S g • * r , �- 'f. •` :4w �'.. "' t l r r fcr .4-.-- „ M ya .y . 4 ..4;1-.,..v.:,;-'m .f ,, e 1., 'i,:- ,ri�t +" s '��,�rlr2`'�kn t�` 3� a .iK:+. , t4.' #z .: i.l',. ,.. , �1 2 VIDEO&DISPLAY EQUIPMENT 3 5 2 Sharp LC7OLE857U 70"Large Screen Display,2 yr warranty $2,989.41 $5,978.82 11 2 Chief PSB2029 Interface Plate for Display $95.89 $191.78 14 3 Vaddio 999-6947-100AW PTZ HD Camera,White $3,886.36 $11,659.08 17 1 Vaddio 999-6967-000 HD Camera,66 DEG.FOV $4,542.05 $4,542.05 21 1 Vaddio 999-5700-000 Camera Control $1,757.95 $1,757.95 24 3 Vaddio 535-2000-206 Ceiling Mount $70.59 $211.77 26 1 Vaddio 535-2000-230W Wall Mount Bracket $88.24 $88.24 40 41 SWITCHING&ROUTING 42 43 1 Panasonic AGHMX100 Production Switcher $4,179 55 54,179 85 45 1 Crestron DM-MD8X8 8X8 Digital Media Switcher $2,529.41 $2,529.41 48 2 Crestron DM-RPM-SCALER-C DM Receiver,Room Control&Scaler $1,647.06 53.294.12 51 4 Crestron DM-TX-200-C-2G-B-T Digital Media Wall Plate Transmitter $3,294.12 $13,176.48 54 4 Crestron DMC-C-DSP 8G Input Card for OM Switcher $764.71 $3,058.84 57 1 Crestron DMC-HD HDMI Input Card for DM Switcher $470.59 $470.59 60 3 Crestron DMC-VID-BNC BNC Analog Video Input 5470.59 51,411.77 63 2 Crestron DMCO-50 2 DM 8G+w/1 HDMI $764.71 51,529.42 64 1 Crestron OMCO-33 4 HUMI w/4 stereo Audio Output S823.53 $823.53 66 2 Crestron DM-CBL-80-P-SP500 DM Cables $423.53 $847.06 67 6 Crestron CBL-HD-LOCK-8 8'Locking tIDMI Cable $282.35 $1,694.10 69 1 Crestron DM-8G-CONN-100 DM Cable $294.12 $294.12 70 2 Crestron CBL-AUDIO-6 6'Mini-TRS Audio Interface Cable $7.06 $14.12 72 3 Extron 26-650-06 HDMI Cables $35.29 $105.87 75 4 Extron 26-650-12 I IDMI Cables $52.94 $211.76 79 1 Extron 26-566-01 3'VGA&Audio Cable $29.41 S29.41 82 2 Extron 26-566-03 VGA&Audio Cables $35.29 S70.58 90 91 CONTROL SYSTEM 92 96 1 Crestron OFE Owner Furnished Control System $0.00 $0.00 115 116 AUDIO SYSTEM 117 124 1 OFE Speakers Owner Furnished 50.00 50.00 128 1 OFE Amplifiers Owner Furnished $0.00 $0.00 131 1 OFE Microphones Owner Furnished $0.00 $0.00 135 136 MISC EQUIPMENT 137 139 1 Contemporary 232-ATSC+1 HD Tuner $823.53 5823.53 Research 140 1 Contemporary RK-1 Rack Kit $35.29 $35.29 Research 147 1 Extron 60-692-21 Video DA $305.88 $305.88 150 1 Atlona AT-HD530 IiDMI to Video Converter $247 04 $247.04 ATTACHMENT "A" • Audio Visual Innovations, Inc. -A wholly owned subsidiary of AVI-SPL, Inc. 772 South Military Trail 44. f.. . `r ,rt ; u� Deerfield Beach,FL 33442 trv, n „ za' s1pI. (9 54)938-9382 Fax(954)776-4772 www.avispl.corn rt' ` ., ? - C1 ,,:} q y 3 t i ti +, ,t Y�q c 6 #b ,� `ti nem 4 �S�# • # E QU! TENT LIST ' • f >" Et �;Fay Frepart Sy Bill Lee City of Sunny Isles Beach -DatePrepared!August 12,2013 18070 Collins Avenue Proposal Number:.OP 192842 Sunny Isles Beach,FL 33160 doom Newt Commission Chambers Mike Tribby �t( > p�j October 11,2013 '''.!!:1140: ' a'� Q`.� 'f.," �♦r� �x IE zgCe;�1 v s� t y •}' r ..„��� � N.�T'IaI j I ) 1 4• t ' ;r�t ?'F? # 2t"? �' gjp 4 � 153 1 Atlona AT-HD420 HDMI to VGA Converter $169.39 $109.39 156 1 AJA HD 1 OCEA D/A,HD/SD,SDI to HD/SD YPbPr/CV,4-ch.en,b S613.24 $613 24 160 3 Extron 26-651-12 DV!Cable-12' $76.47 S229.41 163 1 Extron 60-190-10 Rack Mount Kit $76.47 S76.47 169 1 Cisco SG100-16-NA Network Switcher S172.33 $172.33 194 1 Middle Atlantic Misc Rack Accessories $200.00 $200.00 Equipment Total $61,043.00 Installation Materials $1.800.00 Labor Arid System Warranties $13,272.46 Direct Costs S1,401.21 _ General&Administrative $1,885.16 Subtotal $79,401.83 Tax $0.00 TOTAL $79,401.83 This entire document and all information enclosed including drawings,specifications and designs is the property of AVI-SPL.Proprietary information provided to our client or his agents is for the sole purpose of demonstrating AVI-SPL's capabilities and shall be held in confidence.These materials may not be copied, ofAVI.SPL sole written permission of an authorized representative distributed or disclosed In any way without the s p Page 2 of 2 • Audio Visual Innovations, Inc. -A wholly owned subsidiary of AVI-SPL, Inc. /72 South Military Trail i•1�{ i !� Deerfield Beach, FL 33412 gr F"kLni �r ( p r� J _. j „4� to EEEEEI��� €,:. ��J4?.�30-...>�, F.lX(�J-{, (�-4 � cs v•rl N�1.t ttY`,!:,-+:. .,.5,Via a.,.�.-a,F-s;*.ay:iiaat.' L H-�.#, } q,+A r ;e;;.tit , r www + +t � d , 7 r[r q ai n; p b i ‘E9UPMST t �a° < {:+ • • t l• r oe n 1 A ,n*i.� t r'`' Prepared qp Bill Lee City of Sunny Isles Beach Date Prepared?'August 12,2013 18070 Collins Avenue Proposal Nu ,mbs[`i;OPi 192842 Sunny Isles Beach, FL 33160 a „' Room Name Dais Monitors Mike Tribby Na t:114j', October 11,2013 lr],3 .. * : .. t ?�Q, i°r-s&.r d x):. ^��a>fi,r e.-+7t';r.:i a r�.��'Ha, : ':._ ..• t �TI 1r '�S`' 1 T r :.cy ar fi `to_.r a• � t�-'(4 rte�' I t t ifl I t 1 � `- ;. 4 r .` 7 �� ,,>f?' g 1 3 10 TOTEVISION LCD-1560HD 16:9 HD MONITORS $624.56 $6,215.60 Equipment Total $6,245.60 Installation Materials S315.17 Labor And System Warranties 5131.22 Direct Costs 50.00 General&Administrative 5180.75 Subtotal $6,872.74 Tax $0.00 TOTAL $6,872.74 This entire document and all information enclosed including drawings,specifications and designs is the property of AVISPL.Proprietary information provided to our client or his agents is for the sole purpose of demonstrating AVI•SPL's capabilities and shall be held In confidence.These materials may not be copiod,distributed or disclosed in any way without the solo written permission of an authorized lentosentativo of AVI-SPL Page 1 of 1 r SJ NNY /S'! PERFORMANCE BOND City of Sunny Isles Beach Bond No. K08842954 18070 Collins Avenue ' Sunny Isles Beach,FL 33160 I Uµ Telephone:(305)947-0606 Fax:(305)949-3113 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, AUDIO VISUAL INNOVATIONS, INC. as Principal, hereinafter called Contractor, and WESTCHESTER FIRE INSURANCE COMPANY , as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of Eighty Six Thousand Two Hundred Seventy Four&57/100 Dollars ($ 86,274.57 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. 121 - C 3 059 WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.:-47-40-84; awarded the 6th day of September , 20 13 , with 4e+dseape in accordance with contract documents prepared by the City of Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; Audio Visual System Upgrade THE CONDITION OF THIS BOND is that if the Contractor: 15.1. Fully performs the Contract between the Contractor and the City for services described within (Bid No. C1213-059 )within calendar days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 15.2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and 15.3. Upon notification by the City corrects any and all defective or faulty Work or materials which appear within one and one half(1 1/2)years, and: 15.4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having performed City's obligations there under, the Surety may promptly remedy the default, or shall promptly: 15.4.1. Complete the Contract in accordance with its terms and conditions; or 15.4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Proposers, or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, qualified, responsible and responsive Proposers, arrange for a Contract between such Proposers and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation 9 e a y pe o o co pora on other than the City named herein. DECEMBER 28.2010 9 of 10 The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this 6th day of September , 20, f A6, , ITNESS: 1 BY: AUDIO VIS ,; t ATIONS, IN . � � ► : e of 'orporation) arY (Signature) (CORPORA SEAL) �t NG" 7'��1II 'r .P (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY:WESTCHESTER FIRE INSURANCE COMPANY BY: /; * ent nd Attorney-in-Fact Richard A Leveroni * (Power of Attorney must be attached) 436 Walnut Street (Address) Philadelphia PA 19106 (City/State/Zip Code) (215)640-4202 (Telephone) STATE OFF RIDA COUNTY OF 1121 f , The fo -g.'ng instr. -'e 11 as acknowledgeefore me this 6k day of �.. ✓ 20 ��j, by !�� lb . >,` •✓✓ [name person], as 9:_xr [type of authority], for [name of party on behalf of whom instrument was executed]. > I A AFFIX NOTARY STAMP HERE: �__ —ir' A Algrw1:`4. . Signature: 1 otary Public -Stat• of Flo ida Print or Type Commissioned Name Personally Known \(---.. OR Produced Identification ETNA CR Type of Identification Produced ' AY MYCC �����ss�� ,_ 1011998 10 of 10 r Power of WESTCHESTER FIRE INSURANCE COMPANY Attorney inow all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of pursuant to the following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company.of bonds,undertakings;recognizances,contracts and other written commitments of the Company Centered into the ordinary course of business(each a"Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf oldie Company,under rite seal of the Company or otherwise. • (2) Each duly appointed attorney in-fact of the Company is hereby authorized to execute arty Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authonzed by the grant of powers provided for in such persons written:appointment as such attorney-in-fact (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type:or class of Written Commitments or by specification of one or more particular Written Commitments (4) Each of the Chairman,the President and Vice Presidents of thn Company in hereby authorized,for and on behalf of the Company,to delegate in writing any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by . general type or class of Written Commitments or by.specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any W mten Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such W ntten Commitment or written appointment or delegation; • FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shalt not limit or otherwise affect the exercise dam such power or authority otherwise validly granted or vested Does hereby nominate,constitute and appoint Donald H McCarter,Jean M Feeney,John J Gambino,Kathleen M Flanagan,Michael 1 Cusack,Natalie Coneys,Nicole j Roy,Richard A Leveroni,Sandra C Lopes,all of the City of BOSTON,Massachusetts,each individually if there be more than one named,its true and lawful attorney- in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recognizances,contracts and other writings in the nature thereof in penalties not exceeding Ten million dollars&zero cents(S10,000,000.00)and the execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 11 day of July 2012. • WESTCHESTER FiRE INSURANCE COMPANY ` 'rJ' • Aitti."4-"--A 1.Nil (4"<"'N—t"...--- : " Stephen M.}Laney.Vice President G�;. COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA as, On this i I day of July,AD.2012 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M. Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known try be the individual and officer who executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company;that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors of said Company,referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. f it; . T. ' '. ) ■ _ NDTAANL SEAL , 0 �° ..•Y- KARBI E BR NDT. Pttbic Z a;.•�!i6rA a� '�.,, C valiipA�Y1dd� 1 IArtasd slasbi isScl mblr 2Dt4- eery PUNIr b I,the undersigned Assistant Secretary of the WESTCHESTER FiRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of o which the foregoing is a substantially true and correct copy,is in full force and effect. F in • witness whereof,I have hereunto!subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation, •this day of -dtT fL NiC ZCj t r t ▪ - • /// Wiltarn L.K•li,y,hssibunt ° THiS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WiTH AN INCEPTION DATE AFTER July 11,:2014. ' .I. .b V� .)S 1A-2.i1 o • THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. • (TN NY /5z��� City of Sunny Isles Beach 9 18070 Collins Avenue ',=: ' Sunny Isles Beach, Florida 33160 s ,,. 'se np�1"•—ii. y4� (305)947-0606 City Hall (.°r"0, 5V 4 ""° (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Derrick L. Arias, Chief Information Officer DATE: 7/18/2013 RE: Award of RFP # 13-06-01 to AVI-SPL, Inc. RECOMMENDATION: It is recommended that the City Commission approve this Resolution authorizing the City Manager to negotiate and enter into an agreement with AVI-SPL, Inc to upgrade the audio visual system in the Commission Chambers, in an amount not to exceed $86,274.57, plus up to a 15% additional project contingency, for a total not-to-exceed amount of$99,215.76. REASONS: The existing audio visual system in the City's Commission Chambers was originally installed in 2005 when the Government Center facility was initially constructed. The equipment has operated without as designed for the past eight years, but is based on outdated analog technology and is beginning to experience operating anomalies. In addition, most of the current equipment is no longer supported by the manufacturer. The proposed upgrade will enhance the video quality to high definition format, which will improve picture quality and provide more reliable operation. FUNDING SOURCE: Funds are available in account 10-572.5641. ATTACHMENTS: • Resolution • Bid Opening Report Agenda Item No.ION Date 7/18/2013 . 208