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HomeMy WebLinkAboutReso 2023-3496RESOLUTION NO. 2023 -,!3& 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 ONE HUNDRED EIGHTY-SEVEN THOUSAND SEVEN HUNDRED FIVE DOLLARS AND SEVENTY-NINE CENTS ($187,705.79), 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 of Sunny Isles Beach ("City") is in need of a contractor to install four (4) additional Automated License Plate Recognition System ("ALPR") reader sites to capture all inbound and outbound traffic at the following locations on Collins Avenue ("Services"): (1) 183rd Street; (2) 178th Street; (3) 175th Terrace; and (4) 159th Street; and WHEREAS, the General Services Administration ("GSA") Federal Acquisition Service, issued Solicitation # 7FC1-L3-030084-B and awarded GS -07F-0031 W to Millenium Products, Inc. ("Vendor"); and WHEREAS, pursuant to the City's procurement code provisions, purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor are exempt from the City's competitive bidding procedures; and WHEREAS, the Vendor has expressed its ability and desire to provide the Services; and WHEREAS, the City wishes to approve an Agreement with Millenium Products, Inc. forthe purchase and installation of four (4) additional Automated License Plate Recognition System (ALPR) cameras, in an amount not to exceed One Hundred Eighty -Seven Thousand Seven Hundred Five Dollars and Seventy -Nine Cents ($187,705.79), which amount 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 four (4) additional Automated License Plate Recognition System (ALPR) cameras, in an amount not to exceed One Hundred Eighty -Seven Thousand Seven Hundred Five Dollars and Seventy -Nine Cents ($187,705.79), which amount includes a 10% contingency, attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. @BCL@A40B7817.doc Page 1 of 2 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. A Mauri(io Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day April 2023. Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ir, CMC, City Clerk alerie Vicente, City Attorney Moved by: Seconded by: )W55/WSBJKafilvr- Vote: / Mayor Svechin �J (Yes) (No) Vice Mayor Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@A40B7817.doc Page 2 of 2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Edward Santiago, Chief of Police DATE: April 20, 2023 RE: Approval of an Agreement with Millenium Products Inc. for Installation o Automatic License Plate Readers RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The Police Department's automatic license plate reader system has been successful in alerting officers to intercept wanted vehicles before they can victimize our residents and visitors. It has also been successful at generating investigative leads to detectives which has led to the closure of criminal cases. An area in which the Police Department wants to maximize the safety of is our K-8 School. By placing ALPRs at 183 St. and Collins Ave., 178 St. and Collins Ave., and 175 Terrace and Collins Ave., we cai have complete coverage of the school and several places of worship. This is in addition the the system already installed at 174 St. and Collins Ave., and 174th St. and N. Bay Rd. Additionally, we are seekini to place a system at 159 St. and Collins Ave. We are seeking approval to enter into an agreement with Millenium Products Inc. for an amount not to exceed $187,705.79 which includes a 10% contingency via General Services Administration contract number GS -07F -0031W. This will include the purchase, licensing, and installation of the systems. FUNDING SOURCE: Funds have been appropriated in account no. 600-3-5210-464103-99504. ATTACHMENTS: Resolution Item Number: 10.E Agreement Item Number: 10.E SUNNY gFS Dein AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH y ; FoPaP4eAND MILLENIUM PRODUCTS, INC. """ ao CONTRACT NO. 2023-7081 THIS CONTRA.VUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, thin day of WA -L/, 2023, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred t 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. 9 is 86-1159194. RECITALS WHEREAS, the City is in need of Contractor to furnish and install additional surveillance and traffic safety equipment at four (4) new locations within 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"), the federal government's purchasing agent, issued Solicitation No. 47QSMD20R0001 "Surveillance Systems, Wearable Body Cameras and Vehicular Video", and awarded an agreement with Contractor for a period commencing October 5, 2009 and expiring October 4, 2024 (Contract Number GS -07F-0031 W); and WHEREAS, the City desires to enter into an intergovernmental cooperative agreement with Contractor, using GSA's bid and pricing information, to provide the Services described in Section 3 and Exhibit "A", and more particularly, Contractor's price proposal as set forth in Exhibit "B", attached hereto and made part hereof, subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, Section 62-13(I), purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor are exempt from the City's bidding procedures; WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Section 3 and Exhibits "A" and "B" for a total amount not to exceed One Hundred Eighty -Seven Thousand Seven Hundred Five Dollars and Seventy -Nine Cents ($187,705.79), which amount includes a ten percent (10%) contingency in the amount of Seventeen Thousand Sixty -Four Dollars and Sixteen Cents ($17,064.16) should additional services be needed. NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: Millenium Products, Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax TERMS 1. RECITALS. The Recitals set forth above 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 GSA Solicitation No. 47QSMD20R0001 and awarded agreement with Contractor (Contract Number GS -07F-0031 W) and Contractor's GSA Authorized Federal Supply Schedule Price List, which are specifically incorporated herein and made a part hereof as Exhibit "A", as well as Contractor's Proposal, attached as Exhibit `B" (hereinafter referred to collectively as "Contract Documents"). In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement Between the City of Sunny Isles Beach and Millenium Products, Inc.— Contract No. 2023-7081. B. Second, the terms and conditions of GSA Solicitation No. 47QSMD20R0001 and Contract Number GS -07F -0031W), including the Solicitation Document, Contract Clause Document (15t11 Refresh), and GSA's Authorized Federal Supply Schedule Price List. C. Third, Contractor's Proposal. 3. SERVICES. Contractor shall provide services to the City pursuant to the terms and conditions set forth in the Contract Documents (hereinafter referred to as "Services"), to specifically include the furnishing and installation of eight (8) license plate readers ("LPR's") at four (4) locations within the City. 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 are being performed in accordance with the City's needs and pursuant to the terms of this 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 the Contractor fails to complete the Services pursuant to the terms 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 commence upon full execution of the Agreement and shall expire six (6) weeks thereafter, unless additional time is requested by Contractor, and approved by the City Manager. The terms of Sections 18 and 19 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. Any and all Millenium Products, Inc. 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax terms with respect to warranties, including Sections 8 and 9 herein entitled "Warranty of Services" and "Defective Work", and those specifically provided for in the Contract Documents shall also survive termination 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 full execution of this Agreement and continue in a diligent manner until completion of the Services and proscribed herein. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. 5. COMPENSATION. During the term of this Agreement the City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed One Hundred Eighty - Seven Thousand Seven Hundred Five Dollars and Seventy -Nine Cents ($187,705.79), which amount represents One Hundred Seventy Thousand Six Hundred Forty -One Dollars and Sixty - Three Cents ($170,641.63) for Services as set forth in Contractor's fee proposal to the City attached hereto as Exhibit `B", and an additional Seventeen Thousand Sixty -Four Dollars and Sixteen Cents ($17,064.16) in contingency should additional services be needed. 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 Exhibit `B", under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract. B. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payments shall be made only after receipt of the Services. 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 monthly 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. 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. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. 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. Millenium Products, Inc. 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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 Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees, as indicated below: ❑ 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) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate. ❑ Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. ❑ Business Automobile Liability which shall include coverage for all owned, non -owned and hired vehicles for minimum limits of a combined single limit of not less than One Million Dollars ($1,000,000) per accident. ❑ Umbrella Liability policy of not less than Three Million Dollars ($3,000,000) per occurrence. 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 be issued by companies authorized to do business under the laws of the State of Florida and acceptable 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 Millenium Products, Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 services, 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. 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. 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 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. 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 Millenium Products, Inc. 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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, which is 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. 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 Millenium Products, Inc. 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 l0A(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 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 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 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, Millenium Products, Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax or (iii) by electronic mail (e-mail) (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: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorris@sibfl.net vvicente@ngalaw.com If to the Lori Hipskind Contractor: Operations Manager 621 Monte Cristo Blvd. St. Petersburg, Florida 33715 888-901-7430 lori e,milleniumproducts.net infogmil leniumproducts.net 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 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 Millenium Products, Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4" 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, gender, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to ensure 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. 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 which should conflict in any manner or degree with the performance of Services under this 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 from any 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. Millenium Products, Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 and 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, without limitation, 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 Exhibit "A" and `B". 21. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Consultants must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Consultants must submit the certification that is attached to this agreement as Exhibit "C". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error, then the City Millenium Products, Inc. 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 22. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Consultant during the contract term. Further, Consultant must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Consultant to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Consultant must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "D". 23. 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 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] Millenium Products, Inc. 11 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 duplicate on the day and year first written above. WITNESS: Signature Ally Yoegel Print Name MILLENIUM PRODUCTS, INC. BY: Zack an, General Manager ATT*e�ncur' CITY OF SU IS ES BEACH ST. BY:BY: Larisa Svechin, Mayor APPROVED AS TO FORM AND � AL SUFFICIENCY BY: BY: Department Head aler a icente, ity A orney Millenium Products, Inc. 12 050�MiIIenium W—Products Inc. Purchaser: Purchaser Phone Number: Purchaser Email: Quote Name: Sunny Isles Fixed LPR 2023 Quote #: Q-08516-5 Job Number: 8242 Date: 2/23/2023, 8:25 AM Expires On: 3/25/2023 Phone: 888-901-7430 Fax: 801-469-7778 Email: gsa@milleniumproducts.net CAGE # 3DNW8 DUNS # 102694671 Federal ID # 86-1159194 GS -07F-0231 N: Air Compressors, Generators Light Towers, Fuel Tanks & Trailers Millenium Products, Inc. 621 Monte Cristo Blvd Saint Petersburg, FL 33715 Office Phone: 888-901-7430 GS -07F -0031W: Surveillance Equipment GS -07F-5791 R: Traffic Safety Equipment GSA Purchase Orders must indicate the GSA contract number in order to receive pricing on this quote. Orders received not indicating a GSA contract number can be accepted at open market pricing only. Your governmental agency is eligible for the following GSA pricing on GSA Contract: GS -07F -0031W Ship To Sunny Isles Beach Police Department (FL) 18070 Collins Ave 3rd floor Sunny Isles Beach, FL 33160 USA Bill To Sunny Isles Beach Police Department (FL) 18070 Collins Ave 3rd floor Sunny Isles Beach, FL 33160 USA SALESPERSON Phone Number EMAIL DELIVERY METHOD PAYMENT METHOD John Hixon jhixon@veUedsecuritysolutions.com PRICE Net 30 Sunny Isles LPR 183rd QTY PART # DESCRIPTION UNIT EXTENDED PRICE PRICE 1.00 GSA-VSS-FM-02 Fixed LPR Enclosure Package with 2 Cameras - DOT Certified LPR $23,425.69 $23,425.69 Enclosure - 120v Surge Protector - 10A 12vdc Power Supply - 6 Port Industrial Switch - Router/Modem Combo - Remote Monitoring Hardware - Industrial Micro PC - Interior Mounted Fans - Interior Temperature Sensor - All Necessary DOT Certified Mounting Brackets and Camera Cables Supplied 2.00 GSA-VSS-SL Per System License for Mobile or Fixed LPR (License Plate Reader) $881.61 $1,763.22 System 2.00 GSA-VSS-CL4 Basic Service License for 60+ Cameras $277.08 $554.16 2.00 GSA-VSS-FCB LPR (License Plate Reader) Camera Mounting Bracket $196.48 $392.96 1.00 GSA-VSS-FEB LPR (License Plate Reader) Enclosure Mounting Bracket $186.40 $186.40 2.00 GSA-VSS-CDFS-3HWW Fixed Camera LPR System Extended Hardware Warranty - Valid for 3 $1,876.07 $3,752.14 years from standard warranty expiration Page 1 of 4 1.00 OLM NEMA - BBA -2 - (H) 22.625' x (W) 19.25" x (D) 19.625' $4,620.50 $4,620.50 JPART# -Battery Backup Kit for 4 Camera Intelligent LPR Enclosure PRICE PRICE 1.00 GSA-VSS-FM-02 •1x 100Ah 12VDC Lithium Battery in a 12VDC System $23,425.69 $23,425.69 •100Ah Total -For use with Photocell / Timer applications w/o constant power 25.00 GSA-VSS-ROI-01 Two Man Hourly Rate $148.10 $3,702.50 1.00 VS-SHP-02 Vigilant Shipping Charges - Required per fixed system $95.00 $95.00 1.00 Open Market Fixed Installation per Battery Box $1,950.00 $1,950.00 2.00 VSS-Fixed Installation Per System License for Mobile or Fixed LPR (License Plate Reader) $881.61 $1,763.22 1.00 GSA-VSS-ROI-04 Fixed LPR Installation Per Pole $2,310.40 $2,310.40 Sunny Isles LPR 183rd TOTAL:j $42,752.97 Sunny Isles LPR 178th QTY PART # DESCRIPTION UNIT EXTENDED JPART# PRICE PRICE 1.00 GSA-VSS-FM-02 Fixed LPR Enclosure Package with 2 Cameras - DOT Certified LPR $23,425.69 $23,425.69 Enclosure - 120v Surge Protector - 10A 12vdc Power Supply - 6 Port Industrial Switch - Router/Modem Combo - Remote Monitoring Hardware - Industrial Micro PC - Interior Mounted Fans - Interior Temperature Sensor - All Necessary DOT Certified Mounting Brackets and Camera Cables Supplied 2.00 GSA-VSS-SL Per System License for Mobile or Fixed LPR (License Plate Reader) $881.61 $1,763.22 System 2.00 GSA-VSS-CL4 Basic Service License for 60+ Cameras $277.08 $554.16 2.00 GSA-VSS-FCB LPR (License Plate Reader) Camera Mounting Bracket $196.48 $392.96 1.00 GSA-VSS-FEB LPR (License Plate Reader) Enclosure Mounting Bracket $186.40 $186.40 2.00 GSA-VSS-CDFS-3HWW Fixed Camera LPR System Extended Hardware Warranty - Valid for 3 $1,876.07 $3,752.14 years from standard warranty expiration 1.00 OLM -NEMA - BBA -2 - (H) 22.625' x (W) 19.25' x (D) 19.625' $4,620.50 $4,620.50 -Battery Backup Kit for 4 Camera Intelligent LPR Enclosure •1x 100Ah 12VDC Lithium Battery in a 12VDC System •100Ah Total -For use with Photocell / Timer applications w/o constant power 22.50 GSA-VSS-ROI-01 Two Man Hourly Rate $148.10 $3,332.25 1.00 VS-SHP-02 Vigilant Shipping Charges - Required per fixed system $95.00 $95.00 1.00 Open Market Fixed Installation per Battery Box $1,950.00 $1,950.00 VSS-Fixed Installation 1.00 GSA-VSS-ROI-04 I Fixed LPR Installation Per Pole $2,310.401 $2,310.40 Sunny Isles LPR 178th TOTAL:j $42,382.72 Sunny Isles LPR Kings Point QTY DESCRIPTION UNIT EXTENDED JPART# PRICE PRICE Page 2 of 4 1.00 GSA-VSS-FM-02 Fixed LPR Enclosure Package with 2 Cameras - DOT Certified LPR $23,425.69 $23,425.69 Enclosure - 120v Surge Protector - 10A 12vdc Power Supply - 6 Port PRICE PRICE 1.00 GSA-VSS-FM-02 Industrial Switch - Router/Modem Combo - Remote Monitoring $23,425.69 $23,425.69 Hardware - Industrial Micro PC - Interior Mounted Fans - Interior Temperature Sensor - All Necessary DOT Certified Mounting Brackets and Camera Cables Supplied 2.00 GSA-VSS-SL Per System License for Mobile or Fixed LPR (License Plate Reader) $881.61 $1,763.22 System 2.00 GSA-VSS-CL4 Basic Service License for 60+ Cameras $277.08 $554.16 2.00 GSA-VSS-FCB LPR (License Plate Reader) Camera Mounting Bracket $196.48 $392.96 1.00 1 GSA-VSS-FEB LPR (License Plate Reader) Enclosure Mounting Bracket $186.40 $186.40 2.00 GSA-VSS-CDFS-3HWW Fixed Camera LPR System Extended Hardware Warranty - Valid for 3 $1,876.07 $3,752.14 1.00 1 GSA-VSS-FEB years from standard warranty expiration $186.40 $186.40 1.00 OLM -NEMA - BBA -2 - (H) 22.625" x (W) 19.25" x (D) 19.625" $4,620.50 $4,620.50 -Battery Backup Kit for 4 Camera Intelligent LPR Enclosure 1.00 OLM •1x 100Ah 12VDC Lithium Battery in a 12VDC System $4,620.50 $4,620.50 •100Ah Total -For use with Photocell / Timer applications w/o constant power 25.00 GSA-VSS-ROI-01 Two Man Hourly Rate $148.10 $3,702.50 1.00 VS-SHP-02 Vigilant Shipping Charges - Required per fixed system $95.00 $95.00 1.00 VSS-Fixed Installation Open Market $1,950.00 $1,950.00 Fixed Installation per battery Box 1.00 1 GSA-VSS-ROI-04 I Fixed LPR Installation Per Pole 1 $2,310.40 $2,310.40 Sunny Isles LPR Kings Point TOTAL:j $42,752.97 Sunny Isles LPR 175th QTY PART # DESCRIPTION UNIT EXTENDED PRICE PRICE 1.00 GSA-VSS-FM-02 Fixed LPR Enclosure Package with 2 Cameras - DOT Certified LPR $23,425.69 $23,425.69 Enclosure -120v Surge Protector -10A 12vdc Power Supply - 6 Port Industrial Switch - Router/Modem Combo - Remote Monitoring Hardware - Industrial Micro PC - Interior Mounted Fans - Interior Temperature Sensor - All Necessary DOT Certified Mounting Brackets and Camera Cables Supplied 2.00 GSA-VSS-SL Per System License for Mobile or Fixed LPR (License Plate Reader) $881.61 $1,763.22 System 2.00 GSA-VSS-CL4 Basic Service License for 60+ Cameras $277.08 $554.16 2.00 GSA-VSS-FCB LPR (License Plate Reader) Camera Mounting Bracket $196.48 $392.96 1.00 1 GSA-VSS-FEB LPR (License Plate Reader) Enclosure Mounting Bracket $186.40 $186.40 2.00 GSA-VSS-CDFS-3HWW Fixed Camera LPR System Extended Hardware Warranty - Valid for 3 $1,876.07 $3,752.14 years from standard warranty expiration 1.00 OLM -NEMA - BBA -2 - (H) 22.625" x (W) 19.25' x (D) 19.625' $4,620.50 $4,620.50 -Battery Backup Kit for 4 Camera Intelligent LPR Enclosure •1x 100Ah 12VDC Lithium Battery in a 12VDC System •100Ah Total -For use with Photocell / Timer applications w/o constant power 25.00 1 GSA-VSS-ROI-01 Two Man Hourly Rate $148.10 $3,702.50 Page 3 of 4 1.00 VS-SHP-02 Vigilant Shipping Charges - Required per fixed system $95.00 $95.00 1.00 Open Market VSS-Fixed Installation Fixed Installation per Battery Box $1,950.00 $1,950.00 1.00 GSA-VSS-ROI-04 Fixed LPR Installation Per Pole $2,310.40 $2,310.40 Sunny Isles LPR 175th T0TAL:j $42,752.97 Notes Terms & Conditions 1. For all Investigative Data Platforms & Intelligence Lead Policing Commercial Data subscriptions fees increase annually by 4% each year. 2. CLK fees are shown for budget purposes only. Please DO NOT issue PO to Millenium Products, Inc. for renewals of CLK fees. 3. Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee, or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Millenium Products, Inc. and Purchaser shall be paid by Purchaser in addition to the price quoted or invoiced. In the event Millenium, Products, Inc. is required to pay any such tax, fee, or charge, Purchaser shall reimburse Millenium Products, Inc. therefore or, in lieu of such payment, Purchaser shall provide Millenium Products, Inc. at the time the Contract is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge. Since 1999 Powerful Solutions Proven Results Generators • Portable Light Towers • Traffic Safety equipment • Surveillance Equipment • Fuel Trailers • Air Compressors License Plate Reader/ALPR Systems • Real -Time Crime Centers • Mobile Command Centers Signature: Name (Print): Project Total: $170,641.63 Effective Date: Title: Please sign and email to lori@milleniumproducts.net THANK YOU FOR YOUR BUSINESS! Page 4 of 4 � SUNNY +J�6J s� _ . @A '•'`° G= •� CONTRACTOR ANTI -BOYCOTT CERTIFICATI Ty OF LON a [PURSUANT TO FLORIDA STATUTE § 287.135] I, Zack Broan , on behalf of Millenium Products Inc. Print Name Company Name certifies that Millenium Products Inc. does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Signature General Manager Title 04May2023 Date Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E Verify website (https://www.e-verify.gov/emi3lovers/­enrolling-in-e:merify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Millenium Products Inc. Company Name Offeror Signature Zack Bryan Print Name 86-1159194 Federal Employer Identification Number (FEIN) 04 May 2023 Date General Manager Title Sworn to and subscribed before me on this this 044 day of May 2023. By ACV, T[Z 14 Ali E Is personally known to me O Has produced identification (type of identification produced: igRa ure of Notary Public r�,PKY P�9�,n DEBRASHARKEY * Commission # GG 906677 N o� Exp(res September 8, 2023 Prin & stamp of Notary Public 10-6 3 E irati n Date