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HomeMy WebLinkAboutReso 2016-2569 • RESOLUTION NO. 2016- ��j C,9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH HG2 EMERGENCY LIGHTING, LLC. TO PROVIDE AND INSTALL SPECIAL LIGHTING AND EQUIPMENT FOR EMERGENCY VEHICLES, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED TEN THOUSAND DOLLARS (5110,000.00); 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 is in need of a contractor to provide and install special lighting and equipment for emergency vehicles; and WHEREAS, HG2 Emergency Lighting, LLC. have expressed the ability and desire to provide these services to the City pursuant to the pricing terms and conditions offered to the City of Kissimmee, Florida, via Bid No. BA2015-012; 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 enter into an Agreement with HG2 Emergency Lighting, LLC. to provide and install special lighting and equipment for emergency vehicles, in a total amount not to exceed One Hundred Ten Thousand Dollars ($110,000.00), 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 the Agreement with HG2 Emergency Lighting, LLC. to provide and install special lighting and equipment for emergency vehicles, in a total amount not to exceed One Hundred Ten Thousand Dollars ($110,000.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. R2016-HG2 Emergency Lighting Agmt Page 1 of 2 Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 21' day of July 2016 George H. choll, Mayor ;, ATTEST: `. ,-.�' �' 1 V. M.MC, City Clerk • i a' r) APPROV D AS TO FORM AND LEGAL j i IENCY idnAl Iai21 H.AM?"not, City Attorney Moved by: Co Acau Seconded by: j L 'Ii'' Vote: Mayor Scholl t/(Yes) (No) Vice Mayor Gatto t/Yes) (No) Commissioner Aelion ./(Yes) (No) Commissioner Goldman Yes) (No) CommissionerLevin Yes) (No) 82016-1-IG2 Emergency Lighting Agmt Page 2 of 2 F s°NNY S`FJ O r: a AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND HG2 EMERGENCY LIGHTING, LLC. ,:'' ` CONTRACT NO. C6252-1516-096 r OF sus" THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this `1T'� day of j ue44-s-l' , 2016 by and between the CITY OF SUNNY ISLES BEACH, (hereinafter referred to as "City"), and HG2 EMERGENCY LIGHTING, LLC., a Corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 2-7-315(34.7-7. RECITALS WHEREAS, City is in need of Contractor to provide and install special lighting and equipment for emergency vehicles; and WHEREAS, Contractor has expressed the ability and desire to provide these Services to the City pursuant to the pricing terms and conditions offered to the City of Kissimmee, Florida, via Bid No. BA2015-012, a copy of which is attached hereto as Attachment "B", and incorporated herein by reference; 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 desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed One Hundred Ten Thousand Dollars ($110,000.00). NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to perform the Services as more particularly described in Attachment "A", a copy of which is attached hereto and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City. 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. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 8 hereunder, the term of this Agreement shall commence upon the execution of this Agreement and shall terminate no later than October 9, 2017. 4. COMPENSATION. The Contractor agrees to provide the desired Services to the City in a total amount not to exceed One Hundred Ten Thousand Dollars ($110,000.00). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this SIB Agreement and the schedule of charges reflected in the City of Kissimmee, Florida, Bid No. BA2015-012, as more thoroughly described in Attachment "B", and 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. 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 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. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. 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. C6252-1516-096-HG2 EMERGENCY LIGHTING.LLC 2 1B 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 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 coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, 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, Premises/Operations, Products/Completed Operations, Contractual, Independent Contractors, Personal Injury and Property Damage liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. ❑ Worker's Compensation, as required by the State of Florida Employer's Liability. ❑ 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 ($1,000,000) per occurrence, One Million Dollars ($1,000.000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000)per accident for property damage. 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(ies)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 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. C6252-1516-096-HG2 EMERGENCY LIGHTING.LLC 3 S 8. 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 (and sub-Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (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 A(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. 9. 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, CONSULTANT AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL C6252-1516-096-11G2 EMERGENCY LIGHTING,LLC 4 SIB 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. 10. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of 10 (Ten) 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. 11. 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 Hans Ottinot 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) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Contractor : Ali Bhojani Director of Sales HG2 Emergency Lighting, LLC. 477 N. Semoran Blvd. Orlando, Fl 32807 Tel: (407) 426-7700 Fax: (407) 426-7716 E-mail: ali @hg2lighting.com 12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 13. 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. C6252-1516-096-HG2 EMERGENCY LIGHTING.LLC 5 B 14. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 15. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein,in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which could conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement,no person having any such interest shall knowingly be employed by the Contractor. 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. 16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional Services performed under this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents,representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the performance of this Agreement including any person for whose acts,errors, mistakes or omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS($10.00)represents specific consideration to the Contractor for the indemnification set forth herein. C6252-1516-096-HG2 EMERGENCY LIGHTING.LLC 6 B 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall take priority and supersede any other inconsistent or conflicting provisions that are contained in any other document or attachment, including but not limited to Attachments "A" and "B", attached hereto and incorporated herein by reference, or any other document or attachment not specifically attached hereto or otherwise referenced in this Agreement. 18. 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. 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. D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. E. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. [Remainder of page intentionally left blank] C6252-1516-096-HG2 EMERGENCY LIGHTING,LLC 7 S B IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: HG2 EMERGENCY LIGHTING,LLC. arise a Med BY: Print onsour Baker, President Si ame `A I'CE : CITY OF SUNNY 1S . B ACH • BY: = `'//III ' BY: Jane Hines, i ,City Clerk George H. Scholl ayor APPROVED AS TO FORM AND LEGAL S 1 1CIENCY BY- A 11 s S ttinot,City Attorney C62552-1516-096-11G2 EMERGENCY LIGHTING,LLC 8 � G2 June 21, 2016 EMERGENCY uc\T�c Sunny Isles Beach Police Dept 18070 Collins Avenue Sunny Isles Beach, FL 33160 To Whom It May Concern: This letter is to confirm that we, HG2 Emergency Lighting,will abide by the pricing and conditions of City of Kissimmee contract#BA 2015-012. The term, of the agreement shall begin on executed date and terminate no later than October 9, 2017. Should there be any additional-questions]or concerns please do not hesitate to contact me directly. B rc E, 1 , EMERGENCY LaGHTlNG Thank-You Ali Bhojani Director of Sales Cell -407-274-3967 477 N.Semoran Blvd.,Orlando,FL 32807 T 866.468.4569 P 407.426.7700 F 407.426.7716 www.hg2lighting.com in ATTACHMENT "A" R 1 p TERM CONTRACT FOR OUTFITTING POLICE VEHICLES (BA 2015-012) do,01 THIS AGREEMENT is dated as of the `/ day of Dalf214 2015, by and between HG2 EMERGENCY LIGHTING LLC, duly authorized to conduct business in the State of Florida, whose address is 477 N. Semoran Blvd., hereinafter referred to as "VENDOR", and CITY OF KISSIMMEE, a municipal subdivision of the State of Florida, whose address is, 101 Church Street,Kissimmee, Florida 34741,hereinafter referred to as "CITY". WITNESSETH: WHEREAS, CITY desires to retain the services of a competent and qualified VENDOR to provide and install special equipment to police vehicles;and WHEREAS, CITY solicited bids from vendors, and VENDOR responded to the solicitation; and WHEREAS, VENDOR is competent and qualified to provide and install the necessary equipment and desires to provide CITY services according to the terms and conditions stated herein, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, CITY and VENDOR agree as follows: Section 1. Services. CITY does hereby retain VENDOR to furnish materials and services as further described in the Schedule of Bid Items attached hereto as Exhibit A and made a part hereof VENDOR shall also be bound by all requirements as contained in the solicitation package and all addenda thereto. Required materials and services shall be specifically enumerated, described, and depicted in the Purchase Orders authorizing purchase of specific materials and Contract for Outfitting Police Vehicles Page 1 of 15 ATTACHMENT "B" S I B services. This Agreement standing alone does not authorize the purchase of materials and services or require CITY to place any orders for work. Section 2. Term. This Agreement shall take effect on the date of its execution by CITY and shall run for a period of two (2) years. Expiration of the term of this Agreement shall have no effect upon Purchase Orders issued pursuant to this Agreement and prior to the expiration date. Obligations entered therein by both parties shall remain in effect until delivery and acceptance of the materials authorized by the Purchase Order. Section 3. Authorization for Services. Authorization for provision of materials and services by VENDOR under this Agreement shall be in the form of written Purchase Orders issued and executed by CITY. A sample Purchase Order is attached hereto as Exhibit B. Each Purchase Order shall describe the materials and services required and shall state the dates for delivery of materials and services and establish the amount and method of payment. The Purchase Orders will be issued under and shall incorporate the terms of this Agreement. CITY makes no covenant or promise as to the number of available Purchase Orders or that VENDOR will perform any Purchase Order for CITY during the life of this Agreement. CITY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by CITY to be in the best interest of CITY to do so. Section 4. Time for Completion. The materials and services to be provided by VENDOR shall be delivered, as specified in such Purchase Orders as may be issued hereunder, within the time specified therein. Section 5. Compensation. CITY agrees to compensate VENDOR for the professional services provided for under this Agreement on a Fixed Fee basis, as provided in the Bid Schedule. The Purchase Order Fixed Fee amount shall include any and all reimbursable expenses. Contract for Outfitting Police Vehicles Page 2 of 15 SIB Section 6. Payment and Billing. (a) VENDOR shall supply all materials and services required by the Purchase Order; but in no event shall VENDOR be paid more than the negotiated Fixed Fee amount stated within each Purchase Order, (b) Payments shall be made by CITY to VENDOR when requested as materials and services are furnished, and invoiced. Once vehicles are completed VENDOR shall render to CITY an itemized invoice, properly dated, describing any materials and services provided, the cost of the materials and services therein, the name and address of VENDOR, Purchase Order Number, • Contract Number, confirmation of acceptance of the vehicle by the appropriate CITY representative • and any other information required by this Agreement. The original invoice shall be sent to: Bethany M Santiago Fleet/Assets Manager Kissimmee Police Department 8 North Stewart Avenue Kissimmee,Florida 34741 BSantiag@kissimmee.org One(1) copy of the invoice shall be sent to: City of Kissimmee Finance Department,4th Floor 101 Church St. Kissimmee, Florida 34741 (c) Upon satisfactory delivery of materials and services required hereunder and upon acceptance of the materials and services by CITY, and review and approval of VENDOR's invoice, CITY shall, in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes, pay VENDOR the approved amount. Contract for Outfitting Police Vehicles Page 3 of 15 SIB Section 7. Responsibilities of VENDOR. Neither CITY's review, approval or acceptance of, nor payment for any of the materials and services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. VENDOR shall be and always remain liable to CITY in accordance with applicable law for any and all damages to CITY caused by VENDOR'S negligent or wrongful provision of any of the materials and services furnished under this Agreement. Section 8. Termination. (a) CITY may, by written notice to VENDOR terminate this Agreement or any • Purchase Order issued hereunder, in whole or in part, at any time, either for CITY's convenience or because of the failure of VENDOR to fulfill its Agreement obligations. Upon receipt of such notice, VENDOR shall immediately discontinue all services affected, unless the notice directs otherwise. (b) If the termination is for the convenience of CITY, VENDOR shall be paid compensation for services performed to the date of termination. (c) If the termination is due to the failure of VENDOR to fulfill its Agreement obligations, CITY may take over the work and prosecute the same to completion by other agreements or otherwise. In such case, VENDOR shall be liable to CITY for all reasonable additional costs occasioned to CITY thereby. VENDOR shall not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of VENDOR; provided, however, that VENDOR shall be responsible and liable for the actions of its agents, employees,persons and entities of a similar type or nature. Such causes may include acts of God or of the public enemy, acts of CITY in its sovereign or contractual capacity, fires, floods, epidemics, Contract for Outfitting Police Vehicles Page 4 of 15 SIB quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without any fault or negligence of VENDOR. (d) The rights and remedies of CITY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. Section 9. Agreement and Purchase Order in Conflict. Whenever the terms of this Agreement conflict with any Purchase Order issued pursuant to it,this Agreement shall prevail. Section 10. Equal Opportunity Employment. VENDOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability or national origin and will take steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Section 11. No Contingent Fees. VENDOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for VENDOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for VENDOR any fee, commission, percentage, gift or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement at its sole discretion without liability and to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. Contract for Outfitting Police Vehicles Page 5 of 15 SIB Section 12. Conflict of Interest. (a) VENDOR agrees that it will not contract for or accept employment for the performance of any work or service with any individual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with CITY. (b) VENDOR agrees that it will neither take any action nor engage in any conduct that would cause any CITY employee to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. (c). In the event that VENDOR causes or in any way promotes or encourages a CITY officer, employee or agent to violate Chapter 112, Florida Statutes, CITY shall have the right to terminate this Agreement. Section 13. Assignment. This Agreement nor any interest herein shall not be assigned, transferred or otherwise encumbered under any circumstances by the parties hereto without prior written consent of the other party and in such cases only by a document of equal dignity herewith. Section 14. Indemnification of CITY. VENDOR ogees to hold harmless and indemnify CITY and its commissioners, officers, employees and agents against any and all claims, losses, damages or lawsuits for damages arising from, allegedly arising from or related to the provision of services hereunder by VENDOR. Section 15. Insurance. (a) General. VENDOR shall, at its own cost, procure insurance required under this Section. (1) VENDOR shall furnish CITY with a Certificate of Insurance on a current ACORD Form signed by an authorized representative of the insurer evidencing the insurance Contract for Outfitting Police Vehicles Page 6 of 15 SIB required by this Section (Workers Compensation/Employer's Liability, Comprehensive General Liability, Automobile Liability and Umbrella Liability). CITY, its officials, officers, and employees shall be named additional insured under the General Liability policy. If the policy provides for a blanket additional insured coverage, please provide a copy of the section of the policy along with the Certificate of Insurance. If the coverage does not exist, the policy must be endorsed to include the additional insured verbiage. The Certificate of Insurance shall provide that CITY shall be given, by policy endorsement, not less than thirty (30) days written notice prior to the cancellation or non-renewal or by a method acceptable to CITY. Until such time as the insurance is no longer required to be maintained by VENDOR, VENDOR shall provide CITY with a renewal or replacement Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate of Insurance has been provided. (2) The Certificate of Insurance shall contain a statement that it is being provided in accordance with this Agreement and that the insurance is in full compliance with the insurance requirements of this Agreement. (3) In addition to providing the Certificate of Insurance on a current ACORD Form, upon request as required by CITY, VENDOR shall, within thirty (30) days after receipt of the request, provide CITY with a certified copy of each of the policies of insurance providing the coverage required by this Section. Certified copies of policies may only be provided by the Insurer, not the agent/broker. (4) Neither approval by CITY nor failure to disapprove the insurance furnished by VENDOR shall relieve VENDOR of its full responsibility for performance of any obligation, including VENDOR's indemnification of CITY under this Agreement. Contract for Outfitting Police Vehicles Page 7 of t5 SIB (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: (1) Companies issuing policies (other than Workers' Compensation) must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Florida Office of Insurance Regulation. (2) In addition, such companies shall have and maintain, at a minimum, a Best's Rating of"A-" and a minimum Financial Size Category of"VII" according to A.M. Best Company. (3) If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (i) lose its Certificate of Authority; or (ii) fail to maintain the requisite Best's Rating and Financial Size Category, VENDOR shall, as soon as VENDOR has knowledge of any such circumstance, immediately notify CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as VENDOR has replaced the unacceptable insurer with an insurer acceptable to CITY, VENDOR shall be deemed to be in default of this Agreement. (c) Specifications. Without limiting any of the other obligations or liability of VENDOR, VENDOR shall, at its sole expense, procure, maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in this Agreement, the insurance shall become effective upon execution of this Agreement by VENDOR and shall be maintained in force until the expiration of this Agreement's term and/or the expiration of all Work Orders issued under this Agreement. whichever comes first. Failure by VENDOR to maintain insurance coverage within the stated Contract for Outfitting Police Vehicles Page 8 of 15 S • period and in compliance with insurance requirements of CITY shall constitute a material breach of this Agreement, for which this Agreement may be immediately terminated by CITY. The amounts and types of insurance shall conform to the following minimum requirements: (1) Workers' Compensation/Employer's Liability. VENDOR's insurance shall cover VENDOR for liability which would be covered by the latest edition of the standard Workers' Compensation policy as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. The minimum required limit to be provided by VENDOR is $300,000.00. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employees' Liability Act, and any other applicable Federal or State law. (2) Comprehensive General Liability. VENDOR's insurance shall cover VENDOR for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment, and the elimination of coverage for Fire Damage Legal Liability. The minimum limits to be maintained by VENDOR (inclusive of any amounts provided by an Umbrella or Excess Policy) shall be as follows: General Aggregate Two Times (2x) the Each Occurrence Limit Personal &Advertising 51,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 (3) Business Auto Policy. VENDOR's insurance shall cover VENDOR for those sources of liability which would be covered by Part IV of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the Insurance Services Office, Contract for Outfitting Police Vehicles Page 9 of 15 SIB without the attachment of restrictive endorsements. Coverage shall include owned, non-owned and hired autos or any autos. The minimum limits to be maintained by VENDOR(inclusive of any amounts provided by an Umbrella or Excess policy) shall be per-accident combined single limit for bodily injury liability and property damage liability. If the coverage is subject to an aggregate, VENDOR shall maintain separate aggregate limits of coverage applicable to claims arising out of or in connection with the work under this Agreement. The separate aggregate limits to be maintained by VENDOR shall be a minimum of three times (3x) the per-accident limit required and shall apply separately to each policy year or part thereof. The minimum amount of coverage under the Business Auto Policy shall be: Each Occurrence Bodily $1,000,000.00 Injury and Property Damage Liability Combined (d) Coverage. The insurance provided by VENDOR pursuant to this Agreement shall apply on a primary and non-contributory basis, and any other insurance or self-insurance maintained by CITY or CITY's officials, officers, or employees shall be in excess of and not contributing to the insurance provided by or on behalf of VENDOR. (e) Occurrence Basis. The Workers' Compensation policy and the Commercial General Liability and the Umbrella policy required by this Agreement shall be provided on an occurrence rather than a claims-made basis. The Professional Liability insurance policy may be on an occurrence basis or claims-made basis. If a claims-made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. • (f) Obligations. Compliance with the foregoing insurance requirements shall not relieve VENDOR, its employees, or its agents of liability from any obligation under a Section or any other portion of this Agreement. Section 16. Dispute Resolution. Contract for Outfitting Police Vehicles Page I0 of 15 S1 (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust CITY dispute resolution procedures prior to filing suit or otherwise pursuing legal remedies. CITY dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures," Seminole CITY Administrative Code. Contract claims include all controversies, except disputes addressed by the "Prompt Payment Procedures," arising under this Agreement within the dispute resolution procedures set forth in Section 3.5540, "Contract Claims," Seminole CITY Administrative Code. (b) VENDOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration in CITY dispute resolution procedures set forth in subsection (a) above of which VENDOR had knowledge and failed to present during CITY dispute resolution procedures. (c) In the event that CITY dispute resolution procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation Section 17. Representatives of CITY and VENDOR. (a) It is recognized that questions in the day to day conduct of performance pursuant to this Agreement will arise. CITY, upon request by VENDOR, will designate and advise VENDOR in writing of one or more of its employees to whom all communications pertaining to the day to day conduct of this Agreement shall be addressed. The designated representative shall have the Contract for Outfitting Police Vehicles Page 11 of 15 SIB authority to transmit instructions, receive information and interpret and define CITY's policy and decisions pertinent to the work covered by this Agreement. (b) VENDOR shall at all times during the normal work week designate or appoint one or more representatives who are authorized to act on behalf of VENDOR and bind VENDOR regarding all matters involving the conduct of the performance pursuant to this Agreement, and shall keep CITY continually and effectively advised of such designation. Section 18. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. Section 19. Modifications, Amendments, or Alterations. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Section 20. Independent VENDOR. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting VENDOR (including its officers, employees, and agents) as an agent, representative or employee of CITY for any purpose or in any manner whatsoever. VENDOR is to be and shall remain forever an independent VENDOR with respect to all services performed under this Ageement. Section 21. Employee Status. Persons employed by VENDOR in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' Contract for Outfitting Police Vehicles Page 12 of 15 SIB compensation, unemployment compensation, civil service or other employee rights or privileges granted to CITY's officers and employees either by operation of law or by CITY. Section 22. Services Not Provided For. No claim for services furnished by VENDOR not specifically provided for herein shall be honored by CITY. Section 23. Public Records Law. (a) VENDOR acknowledges CITY's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, to release public records to members of the public upon request. VENDOR acknowledges that CITY is required to comply with Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials • created under this Agreement and that said statute controls over the terms of this Agreement. (b) VENDOR specifically acknowledges its obligations to comply with Section 119.071, Florida Statutes, with regard to public records, in the providing of services to the CITY. Section 24. Compliance with Laws and Regulations. In providing all services pursuant to this Agreement, VENDOR shall abide by all statutes, ordinances, rules, and regulations pertaining to or regulating the provisions of such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle CITY to terminate this Agreement immediately upon delivery of written notice of termination to VENDOR. Section 25. Patents and Royalties. Unless otherwise provided, VENDOR shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. VENDOR, without exception, shall indemnify and save harmless CITY and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by VENDOR. In the event of any claim against CITY of Contract for Outfitting Police Vehicles Page 13 of 15 SIB copyright or patent infringement, CITY shall promptly provide written notification to VENDOR. If such a claim is made, VENDOR shall use its best efforts to promptly purchase for CITY any infringing products or services or procure a license at no cost to CITY which will allow continued use of the service or product. If none of the alternatives are reasonably available, CITY agrees to return the article on request to VENDOR and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. Section 26. Notices. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, return receipt requested, • addressed to the party for whom it is intended at the place last specified. The place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to-wit: For CITY: Chief of Police Kissimmee Police Department City of Kissimmee 9 North Stewart Avenue Kissimmee, Florida 34741 For VENDOR: Ali Bhojani, Director of Sales 477 N. Semoran Blvd. Orlando, Florida 32807 Ali @hg2lighting.com Section 26. Rights At Law Retained. The rights and remedies of CITY provided for under this Agreement are in addition and supplemental to any other rights and remedies provided by law. Contract for Outfitting Police Vehicles Page 14 of 15 SIB • IN WITNESS WHEREOF, the.parties hereto have made and executed this Agreement on the date below written for execution by CITY. • ATTEST: HG2 EMERGENCY VEHICLES, LLC. By: Amer' , Secretary W'I' r ,President • Print name • (CORPORATE SEAL) Date: 1 0 _9 - 5 t ' CITY of KISSIMMEE -el •J�'-- By: A-J City Clerk Jim Swan. , Mayor Date: /0' 19/ OI 5 As authorized for execution by City Commission at its July 7, 2015,regular meeting Approved as to form and legal sufficiency. ity Attorney Attachments: Exhibit A—Schedule of Bid Items Exhibit B - Sample Purchase Order Contract for Outfitting Police Vehicles Page 15 of 15 SB i- C i ''' - ORO® CERTIFICATE OF GARAGE INSURANCE DATE(lAWDDIYYYY) 10/7/2015 :i .4 IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS +: RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I - .:ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED f .," -REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. "` IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER I NTACT NAME: Patti Tommaso Blackadar Insurance Agency, Inc. (A/C No Ext1.407-831-3832 ((A/c.No):407-830-46E1_ 1436 N Ronald Reagan Blvd E-MAIL 1, Longwood FL 32750 AoDRESS:patti2blackadar.com '.s, INSURER(S)AFFORDING COVERAGE NAIC i INSURER A:Auto-Owners Insurance , 8988 . INSURED INSURERB:Business First 11697 HG2 Emergency Lighting, LLC INSURER C: 477 N. Semoran Blvd INSURER D: • Orlando FL 32807 f INSURER E: ' _INSURER F: I COVERAGES I CUSTOMER ID; HG2EMER-01 CERTIFICATE#:346542336 REVISION*: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DISH -'ADDLSUBR POLICY EFF POLICY EXP TYPE OF INSURANCE INso MD POLICY NUMBER (MMIDD/YYYY) {MIWDDIYYYY) LIMITS • GARAGE LIABILITY 5050685400 10/7/2015 10/7/2016 AUTO ONLY(Ea accident) 51,000,000 ALL OWNED HIRED AUTOS AUTOS ONLY NON-OWNED AUTOS EA ACCIDENT 51,000,000 �� USED IN GARAGE BUSINESS OAUTO THAN JAGGREGATE $2,000,000 A GARAGE KEEPERS LIABILITY 5050605400 10/7/2015 10/7!2016 ' OOTTCPI LOC ■ 150,000 LEGAL LIABILITY ■ SPECIFIED LOC - 1' X DIRECT BASIS F� © COLLISION LOC ! 5150 000 1 PRIMARY n EXCESS LOC S A GENERAL LIABILITY 5050685400 10/7/2015 10/7/2016 EACH OCCURRENCE $1,000,000 'iiik• x COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED I k' $PREMISES Ea Occurrence 300,000 •4, CLAIMS-MADE X OCCUR MEDEXP(Any one person) IS10,000 PERSONAL B ADV INJURY I$1,000,000 • GENERAL AGGREGATE $2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 • . POLICY n Floc PRO- LOC PCT S UMBRELLA LIAB OCCUR I— .— EACH OCCURRENCE 5 EXCESS LWB CLAIMS-MADE AGGREGATE $ DOD 1 RETENTIONS . I$ B WORKERS COMPENSATION 52110604 9/11!2015 9!11/2016 X WCSTATU• 10TH - 9/11/2015 EMPLOYERS'LIABILITY TORY L1MIT3- EP. ANY PROPRIETOR/PARTNER/ExECUTIVE E.L EACH ACCIDENT $100,000 OFFICERNEMBEREXCLUDED? Y/N N/A • (Mandatory In NH) E L DISEASE-EA EMPLOYEE$100,000 Ii yes,describe under REMARKS below E L DISEASE-POLICY LIMIT $500,000 RKS (Attach ACORD 101,Additional Ramarka Schedule,H more apace Is required) „City of Kissimmee is named as an Additional Insured with respect to Liability including Blanket Waiver of Subrogation. . :.. CERTIFICATE HOLDER CANCELLATION City of Kissimmee SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 101 Church Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kissimmee FL 34741 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE •• I - . ®2010 ACORD CORPORATION. All rights reserved. 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O 0 f1 co 3 a O N O 07 O- - -- - - `` - In as 0 m N p —I ;''',A CU CU ' 3 In ii o V 0 to Q� p0 •V {d1 O 0 O to yr ' D VI 0 8 0 •O O b • n ,a 9 o o o b ,ell •i;?''' 2 rn =-i z vvi Z 0 00 0 = 1 `"' o00 GI tyO Z W V Ut W "� OGDO - H. N to �y A 0 N rv� 0 A 1-+ N W m O Ul V CO pp V A O a A ym p 0 O Nj S �O00 0 r� NO m a $ 0 00 c. a o ,7::1 Cm w i 4.t N it.4A. - V O LO le , 0 tai, a o 0o 0 0 0 0 SIB Q�4o'_ ' $, City of Sunny Isles Beach � a - y 18070 Collins Avenue tit n ' . Sunny Isles Beach, Florida 33160 �,�,.../P 1 C,���F t° `o o ie (305)947-0606 City Hall ri.o,: 5,.>t; "~ (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Michael A. Grandinetti, Police Captain DATE: 7/21/2016 Authorization to enter into an agreement and expend up RE: to $110.000.00 with HG2 Emergency Lighting, LLC to provide and install special lighting and equipment for emergency vehicles. RECOMMENDATION: It is recommended that the City Commission adopt the attached resolution authorizing the Mayor to enter into an agreement that will terminate no later than October 9, 2017 and to expend up to $110.000.00 with HG2 Emergency Lighting, LLC for special lighting and equipment. REASONS: The City of Sunny Isles Beach is in need of a vendor to provide, install and repair special lighting and equipment for all emergency vehicles. ADDITIONAL INFORMATION: HG2 Emergency Lighting, LLC has given approval to the City of Sunny Isles Beach to piggyback all terms and conditions of the City of Kissimmee contract#BA-2015-012 and will terminate no later than October 9, 2017 FUNDING SOURCE: 600-3-5210-464100-99504, 001-3-5210-464100-00000 as approved 68 on June 16, 2016 Resolution No. 2016-2548 and 2016-2549 ATTACHMENTS: Description Resolution SIB Contract& Kissimmee Piggyback Contract Item Number: 10.E. 69