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HomeMy WebLinkAboutReso 2019-2934 RESOLUTION NO. 2019 - 264 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,APPROVING AN AGREEMENT WITH MILLENIUM PRODUCTS,INC. FOR THE PURCHASE AND INSTALLATION OF AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS (ALPR), IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY-THREE THOUSAND TWO HUNDRED EIGHTY-THREE DOLLARS AND FIFTY CENTS ($223,283.50), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is in need of a contractor to install twenty-three (23) Automated License Plate Recognition System(ALPR)cameras to capture all inbound and outbound traffic at ten (10) locations located within the City; and WHEREAS,the General Services Administration(GSA)Federal Acquisition Service,issued Solicitation# 7FCI-L3-030084-B and awarded GS-07F-0031 W to Millenium Products, Inc.; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state,county or other governmental contracts,or:competitive bids with other governmental agencies are exempt from the City's competitive bidding procedures; and WHEREAS, Millenium Products, Inc. has expressed its ability and desire to provide these services; and WHEREAS,the City wishes to approve an Agreement with Millenium Products,Inc.for the purchase and installation of twenty-three(23)Automated License Plate Recognition System(ALPR) cameras,in an amount not to exceed Two Hundred Twenty-Three Thousand Two Hundred Eighty- Three Dollars and Fifty Cents($223,283.50),which includes a•10%contingency,attached hereto as Exhibit"A". • NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with Millenium Products, Inc. for the purchase and installation of twenty-three(23)Automated License Plate Recognition System(ALPR)cameras,in an amount not to exceed Two Hundred Twenty-Three Thousand Two Hundred Eighty-Three Dollars and Fifty Cents($223,283.50),which includes a 10% contingency, attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. R2019-Millenium Products Inc.-Install LPR Cameras Page 1 of 2 Section 3. Authorization of City Manaer. The City Manager is 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 A. • 2019. George H. Sc oll, Mayor ATT . I Mauri io Beta cur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: fakvt. 4:D",;y, Edward A. Dion, City Attorney Moved by: Gwfit& 2 CO_ IV14J Seconded by: GOA(SC.lf1 e- V 1 S 44,. Vote: Mayor Scholl Ni (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama `f. (Yes) (No) Commissioner Viscarra v (Yes) (No) R2019-Millenium Products Inc.-Install LPR Cameras Page 2 of 2 y, NY i• AGREEMENT BETWEEN THE CITY OF SUNNY ISLES_BEACH: .; •: ; - AND MILLENIUM PRODUCTS.;-.NW: • - '" CONTRACT NO. C2019-7081 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the"Agreement")is made in duplicate, this day of , 2019, by and between the CITY OF SUNNY ISLES +, BEACH, Florida, (hereinafter referred to as "City"), and MILLENIUM PRODUCTS, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D.#is 86-1159194. RECITALS WHEREAS, the City of Sunny Isles Beach is in need of a Contractor to provide and install License Plate Recognition (LPR) systems for ten (10) locations in the City ("Services"); and WHEREAS,Contractor:is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the General Services Administration (GSA) Federal Acquisition Service, issued Solicitation # 7FCI-L3-030084-B and awarded GS-07F-0031W to Contractor for the period October 5, 2009 through October 4, 2019, to provide such services; and WHEREAS, the City desires to enter into an agreement with Contractor, using the GSA bid information, to provide the Services described in Attachment "A", attached hereto andmade. parthereof,'subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county or other governmental contracts, or competitive bids with other governmental agencies are exempt from the City's competitive bidding procedures; and 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 Two Hundred Two Thousand Nine Hundred Eight-Five Dollars ($202,985.0.0) plus a ten percent (10%) contingency. NOW THEREFORE, in consideration of the promises and the mutual covenants herein name,the parties agreeas follows: TERMS 1. RECITALS. The Recitals set forth aboye are hereby incorporated into this Agreement. and made a part hereof for reference. 2: THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the General. Services Administration (GSA) Federal Acquisition Service Solicitation # 7FCI-L3-030084-B and contract GS-07F-0031W, which are specifically incorporated herein and made a part hereof as Attachment"A"(hereinafter referred to as "Contract Documents"). Millenium Products,Inc:C2019-7081 City of Sunny Isles Beach 18070 Collins.Avenue,Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax 3. SERVICES. Contractor shall provide,the services pursuant to the terms and conditions set forth in the General Services Administration(GSA)Federal Acquisition Service Solicitation# 7FCI-L3-030084-B and contract.GS-07F-001W, as more particularly described in Attachment "A"(hereinafter referred to as"Services"). The,Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services ' and pursuant to the terms of this in accordance with the City's needs are being performed ty Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that.th.e Contractor fails to complete the Services pursuant to the terns of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those'Services and any damages.the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon full execution of this agreement installation of the LPR systems shall be completed within six (6) weeks•of full execution of this Agreement. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work from the date of this agreement and continue in a diligent manner until completion of the Services. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement.The terms of Sections 18 and 19 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively,shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement,in whatever capacity rendered, the City shall pay Contractor for Services performed under this Agreement, in an amount.not to exceed Two Thousand Nine Hundred Eight-Five Dollars $202,985.00, upon the City's -Written approval a ten percent (10%) contingency may'also be expended. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected under the following conditions. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract'Documents and the schedule of charges reflected as reflected in;Attachment"A", under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payments shall made only after completion of the project. 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. The City will pay properly submitted Contractor invoices following each quarterly Milfeaium Products,Inc.C2019-7051 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax period within 30 (thirty) days of receipt, for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. c. Final Invoice. In order for both parties herein to close their books and records,the Contractor willclearly 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 approvalof 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 noobligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. 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. 7. 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 coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products,and completed operations,personal injury and property damage liability with minimum limits of One Million Dollars($1,000,000.00)combined single limit per occurrence. o Worker's Compensation, as required by state law. o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars Millenium Products,Inc.C2019-7081 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305)947-0606 phone (305) 949-3113 Fax ($1,000,000.00) combined single limit per occurrence for bodily injury and property damage. o Professional Liability Insurance, with a minimum limit of not less than One Million Dollars ($1,000,000.00) per claim and aggregate for errors and/or omissions of Consultant in the performance of this Agreement Insurance required of the Contractor shall be primary to,and not contribute with,any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall beissued by companies authorized to do business under the laws of the State of Florida andacceptable to the City with a minimum A.M. Best rating of A-Excellent. 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 shall be appropriately endorsed for contractual liability, with the City named as 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) .days prior written notice to the City. Contractor shall also require and ensure that each of its sub-Contractors providing services hereunder (if any) procures and maintains,until the completion of the service`s,insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. WARRANTY OF SERVICES. 8.1 The Contractor'shall warrant the labor performed for a minimum period of one(1) year from the date the Services are complete. It is understood that this warranty shall extend beyond the term of the"services to be performed under this Agreement. This warranty shall be in addition to whatever rights the 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. 8.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the 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. 8.3 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 Millenium Products,Inc.C2019-7081 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305)947-0606 phone (305) 949-3113 Fax and equipment covered by this Agreement. All material and equipment furnished shall be fullyguaranteed bythe Contractor against factorydefects and g 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. 9. DEFECTIVE WORK. 9.1 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 shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. 9.2 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 Manager 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 due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, whichis not cured in the cure period,the City may declare Contractor in default. 9.3 If, within one (1) year after the date of 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. 9.4 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. , 9.5 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. Millenium Products,Inc:02019-7081 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 10. TERMINATION AND REMEDIES FOR-BREACH. A. If, through any cause within 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,and the City shall;receive a refund from the Contractor in an amount equal to the actual cost.of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term Of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor 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 payment 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 Contractor ten (10) days written notice. The terms of Paragraph 8A(i) and A(ii) above 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 of creditors. 11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the tern 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 from violating such provisions. 12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder Miilenium Products,Inc.02019=7081 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28,Florida Statutes. 13. NOTICES. All notices and other communications required or permitted to be 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 Edward A. DiOn City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach,Florida 33160 Fourth Floor Tel: (305)792-1776 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766. If to the David Godfrey Contractor: COO/Operations Manager Millenium Products, Inc. 621 Monte Cristo Blvd. Saint Petersburg,FL 33715 Tel (888) 901-7430 Fax: (801)469-7778 E-mail: rbarnett@vettedsolution.com 14. PUBLIC RECORDS. The. Contractor shall be required to comply with the following requirements under Florida's Public Records Law: (i.) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Contractor shall 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 by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.)Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the Millenium Products,Inc.C2019-7081 7 Ciiy of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. (iv.)Contractor shall,upon completion of the contract, transfer, at no cost,to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City 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 by Contractor to the City,upon request from the City,in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305)792-1703,CityClerk@a sibfl.net, 18070 Collins Avenue,4`h Floor, Sunny Isles Beach,Florida 33160. 15. 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. 16. 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 regulationsissued 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. 17. 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 the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly Miltenium Pi ducts,Inc.02019-7951 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax withthe performance of Services under this manner or degree which should conflict in any gr Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold-harmless the City, its agents,representatives, officers, directors, officials and employees fromlany claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and; at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials arid employees from and against any and all causes of action, demands,claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the.intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, withoutlimitation;any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against.City by reason of any such claim,cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and Obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement;have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. The parties agree that One Hundred Dollars ( 100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement("Applicable Laws")and shall obtain and maintain any and all Material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachment"A". 21. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall.nevertheless Millenium Products,Inc.C2019-7031 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305)947-0606 phone (305) 949-3113 Fax be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall'supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. [Remainder of page intentionally left blank.] MWen ium Products,Inc.C2019-7081 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: MILLENIUM PRODUCTS,INC. g' j. Vit _ Signature Da•Ir�:odf ey,,faoii.' a s nager David Godfrey, Director of Operations Print Name Print:name and title of corp. rep. ATTEST: CITY OF SU S ES BEACH i BY: Oligrt BY: Maur cid :.eta cur, George H. choll,Mayor CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: k BY: Department Head Edward A. Dion, City Attorney Milleniurn Products,Inc.C2019-7081 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "A" Quote and.Services to be Provided Millenium Products Inc. Millenium Products,Inc.C20I9-7081 12 -41 Millenuurn Powe Proven ResultsPage jAiiOveri-OVears. —.Pegthicrs'1114- • Federal ID 86.1159194 621 Monte Cnsto 8Atd Tofl Froe. 118.0401g430_, DUNS#102694671 4.1.'001.#0e0; W15 801-469;7778, •CAGE4:3DNW8 r: C A Websiter htips://millerirumproducts:ntl. Generators Light TOWeirAff Cornprësors GS-07F-0231N POP uMo@milleniumproducts net Fuel Mai&Trailers Trofficsafetyffquiprnent 0417 0.10TEWLIMOER; .43516,-1 Dale.-February 20,2019 GSA (c:O.E.ild-OtNrafii0 Snriiiy1Sles.Weadh TM foe (Addiess.1) (City) (State) (74 ) V.:osto4-: Aug. . . Thank yotrfptto opportunity to proVidelhikgiiotatitirl birtheabbve teterehtedrprodutt.. Mill6411h Products is a SDYOSB—:,..§dfv-vide Disabled Vetefan Owhed Small Bumes ,''erif1ed by the Center Veterans Etit6tifige;'and a:GSA GSA Contracts and(3)TXMAS.-t-olitfadt§1 We have been prOvidmg.§1:456tiOf-lifedi.iel§-to a diV.bit'e range of tlieiitS.and Aka.rbi, all levels and branches of government for over 19 years and look fOrwardito working:with.you., Ynnt goyeeottreitt-al;apti-ey is eligible fr the figion-OlilgOSApirfring on -enntotn. GSA Purebase.Orders niusi"..indieate,:theGSA xoniracinamber.aboye in orderioreceive;priciiig:onihiS.Ryotel 'Orders'.receiveanallinclicatinga GSA epotract.nuniber:canlze.:accepleil'ai.open marke.ipriang'onA?: Qty; Price,i: V.SS-FM0.2. FixediALPR 1 lnclosure_k2Lanes•.Cciverqse, S20, )00 $20 950 00 Mr;Lt West(North- §:10,ftYWK LPR-thla • • Full suife:cittP11:tools including data anlytics •;77.410nm IRtPR Cameras)' ..,15:01TeniKecraitt-Enctosure(p). 61ilortindtistifir Fiteniiitd.MiiiiidtitigiiiatiiWate • =a:441alAtiW M.icYoPC w/i5 processor WindOws 10 1341'fia-PfiCi-061 Rarñ 128GB SSD Main•• _k.diii1c..911V qi-Stkilejf# 41:047f:afi .•All fle-41"fiiiy—..11;160(ijigli*KdIffifit.1.,,PgrgliEkiiii.f.:0-15.§Kikiiikili.1'011, • • Page 2 bf. Mi lErli tirrl •PoweefuiSdUiions Proven Results Over 19 Years ---1-7-rooticts liic.• _ . _ . • -• • - £16,159111, 621 Monte Cristo Blvd :top Free QV143U, - • UuNstt 162694.071 St,petertbul, 3371. 'f4ic 8014697778, CAGE'#.3DNW8. Si,- G VSS FM 02 btp4 ALElEpeloSittql;Z Lanes Coverage $20,950 00 $20;950.00 Intersethion:.WLC East to-South(R)A'SVLCEalt to South(L) 'Software:: • •tarbitector LPR serverisOftware,:tir-up'iO,3&pointEof'capture •114.softwareis:compaiible'.WithiVigliant's.naiionalty hosted LEARN lt:Pk data server .•..Centralizeti-web based LPR•stem and kiltA:"fraltagpifeiit, suite bf.12.Pk` tboiS'ib,41Lidaata Onaijitio'S" fiedwafe ... 74Ouihi IR LPR Camera(s) 6POttlii0i14tiqlSiAjfeb, RiOiff.MOderri Ciarabd.=-:Main:EndleiVieVhly •Rernoie.Monitoring Hardware., • Industrial Micro10.m/I5'procesSor,..Vindows-'10iffro.:license 806: Ram, 80 ain Ebaosure •inferior-meanie&fan ikair circujitioninscde:enclosure necessary niciuntirisinaCketsIer.10.11.enatosurepoie:motint:on ..,stawfara_da- . YSST1*01 .EiterLAi..PR 3 Enclosure 510;0900 510;9..$0-6..0 laitto-Ntietit:oRy-r*wie: -.4.. ..t"#.p10-04(L)• 8611*af. 1.: hosted LEARN vg Oita Setyer, Centralized web basedJ ,L211sysicm.and datamanagement . , . •F011.saite of,LPR,toOls meb elung.data.aoalybes 1-araware • 4dnin7IIIIIPIti,"eamera(0: • DOT tertihatfLPII tnclesure(s) :•Router/Modem Combo-Main Enclosure Only Remote Mq001i0k.f140afe Industrial.MiEfrO:r.PC;‘9/)5 Wocessor Wi4dOkt 10 Pro license 8GB: Rain, l2G SSD' Maui EiiëIosfffe Only •I1ieriorAnotaltelf.fapfeits.aircoViilattcnt.insjie:e0105arc, All nceary mounting kidocos-focj,PKOktoitfe Generators-•,Portable Light-Towers f Traffic Safety Equipment••.Surveillance EqUipment• Fuel Trailers ?!ki.r-cuitirit:es-Spr$• POrt#Lile PerimeterSeiriW FepeSystems pbeta,b1.e Wa,J,krThFoUgh Metall pete46rS cl Mille-1'111AM . Proven Results.dyer 19 Years Page 3 Of.dLtc ha. • • 621 • • 19i ' • Monte Cristo Blvd Toy Free '8134.°I 4439Odel.0.!02/.8 .159 - (:-7. ' ..b.Ui".1Sti-162.664:01 St Petersburg FL 33715 Fax 8p1:4697778, , CAG E'8:3 DNW8 G S.S• 1 VS..5'FM.7P1 Fixed ALPR1 Enclosure/ 1 Lanes Coverage .$12,9.50,00 512;950.00 Intersection:WLC West(Snuth)' Software:' •'CarDetectorIPit serverJsaftware tor:up'to,35,points:;ofeapture •L.P1-softwarels.icompatibleLwitVigilant's.nationalty hosted LEARN LPR data server Centralized web based LPRsystem and'clataimanagemetit, Fill! u ite'of tPii HardkVale' :calfrOf4(s) DOT Certified LPR Enélösure(s) gneliriSiire.Pnl); •:gernoteMonitOring Hardware; •Industrial Micro17t,w/I5:processor„Vindowsi.10 Prolicense801 Ram, Enclosure Only Interior mouniedfanforAir:circtititioninscdeTenclosure •All necessary,mounting ioraacetsiOriPkrenclOsure..poie:mounten I VSS-FM-02 fixed 41.43R1 Enclosure Lanes Coverage ;$20.,95.9,09 `,$29;950,99_ Intersection SIB West(2) •:CarDtiectbr.LPR server software for up to 35 points of capture •LPIt,sOftware is-comp_atible.viith Vigilant's nationally.hosted LPR:data server •'Central iied-weli•linsed 1:1?-ksysierrt,andidita,management; suite.otak Itardware:; .vbffit trtih.ecifi3ittiOitisurd6j $Wrifeh. Router/;MOdein Combo-Main Enclosure Only Industrial Micro PC*ji5 tifOaegg:gt.ViiiO4* 10 13.116'Jicks*O.,8GB Ram 12$GB SSDr--gain.flCIOStireQ:nlY •Interior mog):401.jap,:fOriair circulation inside enclosure •All necessary mounting brackets TOI.LPIrt enclosure pole mount on Generators• Portable Light Towers• Traffic Safety Equipment•••5.urveillance EqUipment• Fuel Tr6ilers Air ,Compressors• POrtable Perimeter Security Fence Systems• Portable Walk Through Metal Detectors 1 _,-- , -41‘iiiiienilim ,ep pf004.E,,,,-,-c... ; .. pago4.6i5 .poweetui Solulions':Proven Restilis:Over 1-9..Years- - .,. . _.,. - - . . •- , . . •. ..• . . . , .,.,....., Foeral ir4!to,L 11944, 621 Monte Cristo Blvd 888101-1430 Toll Free . _-__. 7 J...._..-, St. Peteitbeieg-;FL 3371Fax 80t-4697778, : 1/4,. ,./.. • CAGE#.3DNWg G St. I vss-FM-;p3 Fixed ALT: R,..1..Elosiirp/*3 L.iingkciA/0-4g0. - S28,9.50,00 $28,950.110 Intersection:81:13.Ehi!.,(North4)`.4SIBEaSi(Npetb.6449p)& Si B.East(North Si.. Software:• •(aibetector LIR serversnftwarehtup:to 35 poinis.ofcapitire •ifiksOftwareis compaiibie7WiihN401anes-.natiOnalix beige-a:LkAlt& tfk data Sfriier. Centralized web b'ae0:1-1:qt.' s:telii.ana-"iala,iiialiagelliefit: Full suite of ug po1s ik044044goTAolsi Haitowki--:6-:,. 7412110-it'TiV.41?-gCAffiei:A(s) ,DI:)ICeftifiOd:LPR.ErielCthiii*i) •6.'.P.SO.rt104.1L0i.41.50i6b • Router/Modem cOTOP--T,Main Enclosure Only •Remote Moriitoring.Hardware' ' •Industrial Mi'crpIi.t,w74$„processoriVindows1:0,-Prolicnse,grali Ram, 128aiSg15' .1viaintnelosure Only • Interior mounted fan..toriaiteftenfation insiile;enclbsure 1" VSS'FM-03 ' Fixed ALPR.j.liielOW.)...3 1.4004:cq*ag. ';$2.$:,95g.0() '$28,950.06 Intersection SIB East(So*hl,'Ln60),&75p3 Fa4:($9,*h71)4, Siti.gist($010-.2)'! $pftwite1;-, •:CaiDitecior'LPR server,sof1wre TOy.....,up:SA,35 ponits-gf.capfure •LF,'R.:-..sciftware_is-,cpn*tibleAlkiih•Vigilanj$..mationany-b9sied LEARN Lti.k.dala serv.er. teniraiied web based UR,system AnifAata-lnanagerrien't, •tall sniitffP1-tDDIS•ineluitintidatantalyiieS Hardware: •'likinin hlikit.anirra(s) • DOT Certified kii-oq--s46(s) . :i-o'vett jo-d4gi-io!:swifqi: 1?:(5iice:f I M1614C-iii cOnibi5..--11`44itE01011119•Qik iiiiot ..1s4.61.iix0".66i Hardware: Industrial Mjt-pa pci,l,y1 j5,iircikiS:0,\Win:0-OWS'1(),p6s:,ticei*504 gam, 12.8013'SSIY.=M6n Enclosure Only' •literiorlmountedfnifor.air-,circkdalion insia,enclosur,e, _ ,:.A.ai....,-.........----j1;.....;1;.-.:4":i41.k....3.:rati....--;:i........,,,,..—..i.,-.... - ,Generators I, Portable LiOitT.owecs .4., Traffic Safeiy,E.guipment's'Sbrveillance Equipment.,Fuel Trailers .. . .. Akr---conprotprs.• Portable Perimeter Security Fence$ .$totri:, -4 Portable Walk Through Metal p6t tofi:it Powerful Proven kosutisi.Overi9 Years Page 5 Of 6 In. • ., #0f139194 621 Monte Cristo Blvd Tog Free :0.8.840174.30. 4 1- • ouNi si toi6§,4'0i • St PO-N(464 FL 33714. Fax 801 469;7776 CAGE#3DNW8' G Si vss-Fm...-.03 Fix04..AL.PRl'.44040i/114riekcOier4ge; $28,950.00 $28 950 00 hiierseclion:SIB East(South Loop)8i SIB East(South'3) SIB East(Southl) 'Software: Carbetector.LPR.server::software for:up to 35-pointssbf.capture .0512•SOitWaTe:IS.febinfiAtible.-viith Vianfs.nationalIyhosted.LEARl LPR dataStlijet Full suite of LPR tôoI 11:1.P140iiig4at4'041S414 741)*AKI2g.c0.1V01( ) DOTtdrtified-tPR Enclosure(s) •0-_Prort Inctustri-a{S-Willeh •Router./Modem Cornbo;-NainEnelower,014 •Remote Monitoring tiatiiware, :‘Industrial iviicr.o.W.wTi .:processor,Windows 10 f."ro.ficense gdbl. Ram,-128G SSD. Main Enifosure::only. rtintetiorrniantited fan fOrair.circufatIon in-side:en-Closure VSS-FM704 fix-0 4PR 1 Eti4Opre Lan'es.coyerw 516,950.9.9 ;.$10,959,90 Illiejf0etiOtt:.A1A/15 -5.',.(s.:.)4thR)..,&AtAlli58:St •Ise; AtV158 St (Ncitth.g).A.A1.-A115,8 St (North-L) 50ftwarq;. •:Cail)etectorlisk seryer;software for points-,of.capiure •I,PRI:sOftware:issornpitible with Vigilants.nationally hosiedLtAWN LK:dat'a server, •tentrailied web'.1;astiiikit'.systein aniLciata:matiaoetnetit. FtilI-siiite tit LPR FlartiWare; 740.4)i.11 011 •,-.0-*.f.,4-(§) DOT Certified LPR PieJ6-0-0:(§) •61"-)6i-Kw!g(tig:s*ifo4. Rotifer:IMO-dein Combo Main Ençjre Only • Industrial MicrtYftow/i5.,pTocessori,Viniipws[16Prolicensc, Ram, 12-8GB_SSD-z'.Main triabstFe •1oferior_mourned:Tan7fOrjair.circulation inside enclosure iGenerators-. Piartable,Light.Towers f Traffic Safety Equipment.--Surveillance Equipment. Fuel Trailers Air ccol Portable Perimeter Security E10:00, Portable Walk Through Metal Detectors Millinillitn. 'PolnieOu I 5410005:•Proven fies4its,Oyeri9.Vears Ppg0 6 Oi 5 Firocizie-toot,:• : .. .. . : , - ----;‘s.E.::::., , ; ... :- ' ,-: -;,-.,::: . . . _ ._.. ,,,_,_ ,•.. , _. .. . 621 Monte Cristo Blvd tc!II Free 8889.04,4:.430,.' ' z--: -":- . 'F';:le:rii11•6#'876415 -1-" 1 S. peterSbiitt, FL 33115 Fá 80'146977789q77i3 46i \-•,;-1: `CAGE#.3 DNW8 . G Si.A _ -...- . , vss-Fm.70 Eked Al2R 1 EitloAirell Lanes Coverage $12,950.010 .$12,930.00 Intersection Atlantic Isle(In) Software: •tatOetector L151 serversfAwarq 6rup'tol5,,,points..-ecaphire •LER-s,Oftwareis.torppaiible.Ns;16-Vjgilant's:naitonally itosied.LtAkg OR data server Centralized web based 1,OR'syst&m and ilata.mana&emait. •.F.tili suite tiffPR tiii**ilitiiiciiiig:iiata analytie`§ Hardkai-e-;".. :,-749filijil -'',Pg cafi (§...) DPTCEitifiO4...q. „,Fii0§..$4f...40 '''.15.1)9it.#.4.3-1-sioat 5*itol, ••,-Rotiiif./.MCideiii Combo,--:,Main Enclosure Only •Remoie.Moriitbring Hardware: •Indo.§iril:Micr.o.'.PCAW:iS‘prpcespr„VVinii.qws,10:Iirct)icose 801S. Ram, ii24,66S81):.=-:Main Eillbsui-e.kiitly- !Interior.moutited tan for,air,circuiition insfile:-.enclosure' All necessary nieuninlgbraCkets`fnaliiittaclosure.pole-"motintda 23 ys,s-F03: Vi• giltiniALeR:VOittviouni kii.......05a'eamera`,Mounting.Accessofies $10.5:00 $4,485 00 •kaite-...timleavy weighted 121cametas ortigiviinpantapiiiitationa, .!ficileAntinfRit - - - •one.reauirednercamera. -- -- •- - - - - - - - • 10i.VSS-FL - Yigi.J49!•.A4PR:Yiki14*W1OlatiOil'Iqqtvj.q0;fiXed_ALPg'.1i1§011. $8.513.0.0. '$.8.,50.0..00 1#st110461104.PAVEli00kii.t0 1 -.included Mounting of Camera Arms/:Enclosure •:Inclmcis.Ipppigg cif,exiiiingppyier_kfibey_zieceswifoT-1.ocat-ppyqrf conneciiIiiiyssumes.poweriConneCtiliftylsalready arbase•:of'pore) 23 'vjgiianfAl2J(Nigil4iit:5hipp_ing:.yigijarit Shipping fiXe.cl ALP R 1$95.00 S2',:185.00 (1)Vigilant SiipPittgAiligNlipg,cbgrges; • Applies to eacii`PiiC4ORysietp`. '•OhitliiMeiliQd.is_FO8. 1iipiiirig:1:iciini 1 Cieditior Trade:in of tlIdEquiPment.. ..4S45,685.013 7,4$45:,685.60. Itifill•betiVetOd GSA 1)tice: 1207;085,96. Credit car:CI Tiins.adfi:ofee,if 4jilicable; :$5`;886.57 Total if Oa id...15,y,g-oVeit itirentWttha-s.e":eiti...-.r.credit eli:.d.z.. S2Q8;871,.57. rq.e7tqrcji-Te_rnrA'9Trgygigiio,11:,, _ .. ... _ .., . • :Pricing.SubjectIO Change after 39:-..Dejis_; a. -_co-iiiplete Syftein incinde-s".1.year parts and la:•-,0?,Waffaffg 4- ReAu it:es cuSto trier provided 120VAC 00viie.rISIM cai'd at,eveiii loeatioh We'4.11C happy tP•.t.I:Pf service,-: Let',us JCTICINv.iiiPW,-W...9"1111YkcPf service to you S' are4,1 , - •, (6X, "Q6 ,. -4.• .... • , . 6 . .. . . . Lon Hipskind Service DisabledVerefilli OW11001falif3ig&te:s-s(SDVOSB) Ptiiiireiltil.golution . PeciVeli .Results.. Generators. Portible LightTowers• Traffic Safety Equipment T'SUrveillance Equipment. Fuel Trailers, :Air,C09 preSSptS:• PotableperiMeter Security Fetio..syttdm i po.4010 violl-Though Metal DetettotS •