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HomeMy WebLinkAboutReso 2003-620 f-.~ I, RESOLUTION NO. 2003. L 20 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DESIGNATING MUNICIPAL LIGHTING SYSTEMS, INC., AS A SOLE SOURCE VENDOR OF THE DESIRED STREETLIGHT POLES; APPROVING THE PURCHASE OF TWENTY.SIX (26) STREETLIGHT POLES FROM MUNICIPAL LIGHTING SYSTEMS, INC., IN AN AMOUNT OF ONE HUNDRED THREE THOUSAND THREE HUNDRED ONE DOLLARS ($103,301.00), FOR 159TH STREET AND 174TH STREET; AUTHORIZING THE MAYOR TO EXECUTE VENDOR AGREEMENT, ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach desires to continue the beautification projects undertaken by this City with the replacement of the streetlight poles and fixtures along 159th Street and l74th Street; and WHEREAS, Municipal Lighting Systems, Inc. has been identified by the Administration as a "sole source" vendor to provide the streetlight poles desired by the City of Sunny Isles Beach; and WHEREAS, in conjunction with that effort the City wishes to purchase nine (9) single mounted assembly poles and seventeen (17) twin mounted assembly poles from Municipal Lighting Systems, Inc., in an amount of One Hundred Three Thousand Three Hundred One Dollars ($103,301.00), Vendor Agreement attached as Exhibit "A", waiving the competitive bidding process as sole source. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Designation as Sole Source. Municipal Lighting Systems, Inc., IS hereby designated as sole source vendor of the desired streetlight poles. Section 2. Authorization of Mayor and City Manager. The Mayor is hereby authorized to execute the Vendor Agreement, attached as Exhibit "A"; and the City Manager is hereby authorized to purchase the streetlight poles, from Municipal Lighting Systems, Inc., in an amount of $103,301.00, and do all things necessary to effectuate the terms of this resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 18th day of December, 2003. R2003. Municipal Lighting Systems, Inc. 1 ... .'1\TTEST: /', ' ..~.~..~L Jane A. Hines, C#yClerk , ~ ,,~ -~. ) APPROVED AS TO FORM AND LEGAL S C CY Vote: 4-D-\ Mayor Ede1cup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler ~ ~eN\t R2003- Municipal Lighting Systems, Inc, Moved by: Seconded by: (1-tI'V\'tN\.\'S'D~ T~~ (' D~~\ <;S-\ O-UCUa.. &R~2.1 t\J , V(Yes) _(Yes) v (Yes) ~(Yes) ~Yes) _(No) _(No) _(No) _(No) _(No) 2 CITY OF SUNNY ISLES BEACH STREETLIGHT LIGHT POLES VENDOR AGREEMENT NO. 03- 2.'8J€10-0 I THIS AGREEMENT, entered into this I ~ day of J)ef~2003, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and MUNICIPAL LIGHTING SYSTEMS, INC., (hereinafter referred to as "Vendor"), a Florida corporation. WHEREAS, Vendor is a qualified lighting equipment vendor qualified to do business in Florida; and WHEREAS, the City desires to contract with Vendor to provide the services described in the scope of work attached hereto as Exhibit "A", and for the consideration hereinafter named, Vendor covenants and agrees with the City as follows: /~~oi 1. Services. Vendor shall provide all equipment and supplies, as more particularly described in Exhibit "A" attached hereto and made a part hereof. This Agreement establishes the scope of services, specifications and performance standards to be performed, as incorporated herein, and firm prices in accordance with the Vendor's quotation dated December 3'20,0 3. .~ AS ~<iR ~6J.l.BtT'" "A ' The total price for these services is $103,301.00 payable: 0 monthly ~ ~. I. ~_ . , I Jot ~'n"'A~eQ t~<.~, 2 Payment for Vendor Services. Request for partial payment of services must be submitted ttlonti.ljr, in duplicate, with supporting documents, if any, referencing this contract number and/or ~' Purchase Order Number, to the attention of the Finance Department, City of Sunny Isles Beacht. '101 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160; ~S p~ ,=~f..\ l2> \T "A... , (; A.~~ ~0.~~. Vendor 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 Vendor 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 Vendor. Vendor 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 Vendor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 3. Availability of Funds. The obligations of The City of Sunny Isles Beach under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the City Commission. City of Sunny Isles Beach 17070 CoIlins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax S , B Municipal Lighting System. Inc Attomeyl Agreements/jb 121912003 Page I of 4 5. Undisclosed Conditions. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon seven (7) days written notice to Vendor. Upon termination, the City may re-bid the project if the Vendor fails to perform under this Agreement due to the undisclosed conditions. 7. Relation to Parties. It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Vendor and the City. Vendor shall be in the relation of an independent Vendor and is to have entire charge, control and supervision of the work to be performed hereunder. The Vendor does not have the power to bind the City in any promise, agreement or representation other than as provided for in this Agreement. 8. Compliance with Law Vendor 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, at its sole expense, any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 9. Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Vendor or anyone of its employees, Vendor(s) or agents. Vendor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Vendor of its obligations under this Agreement. Vendor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. 10. Assie:nment. This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Vendor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 11. Term. This Contract shall commence on January 6th 2004, and expire upon delivery of merchandise. 12. Termination. This Agreement may be cancelled by the City, with or vvithotlt cause, upon seven (7) days written notice to Vendori Thi3 C6ftft'tlet shall be 3tlbjcct to ifflffleaiat~ o1l ,teFlBiaaaeft if the services do not com~!r with the specification~ stated he~ein, or fails to mee~II:,,/c (){ the City's performance standards, I:lSVI6\L. ~~l~ 1''\ '~A ~~C.t-\L'.\D \-~d\~~'o. r 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 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 331605 , B (305) 947-0606 phone (305) 949-3113 Fax Municipal Lighting System, rnc Attorneyl Agreementsljb 12I9n003 Page 2 of4 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 to the attention of Christopher J. Russo, City Manager, with a copy to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and to Vendor at 4020 S. 57tb Avenue, Suite 201, Lake Worth, FL 33463, Attention: Scott L. Stefan. 14. Governin2 Law. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 15. Remedies for Breach. Should Vendor fail to perform, City shall notify Vendor in writing of such failure to perform and Vendor shall have seven (7) days of receiving such notice to cure such failure. If Vendor is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay for services rendered as of the date of termination. 16. Attornev's Fees. If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, all costs, together with reasonable attorney's fees for the collection and enforcement of judgment. 17. Miscellaneous. 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. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. 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 understanding relating hereto. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. 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. 18. Conflictin2 Provisions. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in triplicate, on the day and year first written above. City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax SIB Municipal Lighting System, Inc Attorney! Agreements/jb 121912003 Page 3 of4 MUNICIPAL LIGHTING SYSTEMS, INC. By: ~ , ATTEST: ' ). .' .' " '\ ~. I l ' ~y':~~ J\. \h~~ . 'Jane A. Hines..'qty Clerk '. City of Sunny Isles Beach 17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3 I 13 Fax SIB Municipal Lighting System, Inc Attomeyl Agreementsljb 121912003 Page 4 of4 ,nt By: Municlp~l Lighting Syatems; :A: Municipal 561 B41 5302j Dec-3-03 5:45PM; Page 1 .lJOH.,..NU "'V:;Tr.MR~ INC. December 03. 2003 RECEIVED DEe 0 3 2003 Chris Russo City Manager City of Sunny Isles Beach Re: Sunny Isles LIghting Project QECTR1CAl DESIGN ASSOCIATES, INc. Dear Chris, Municipal Lighting Systems, Inc. is pleased to provide your office with our lighting proposal for the Sunny Isles Project - 159th Street and 174lh Street. Our proposal is based on a quantity of 26 pole assemblies: 9 lighting poles with a single bracket and 17 lighting poles with a twin bracket. The poles and brackets shall be manufactured by Spring City Manufacturing Co, The pole shall be aluminum, fluted and tapered - 22'-6" above grade anchor base type; with 24" wrap style Washington base, one (1) single receptacle with weatherproof cover mounted high on pole and two (2) 36" long banner arms. bottom arm mounted 11'-0" above grade and top banner arm mounted 1 8'-3" above grade (banner of 36" wide x 87" long by others). The decorative bracket, "The Coral Way", shall be aluminum, 51 in length with decorative aluminum scroll. Both the pole and bracket shall be finished in black. The pole and bracket assembly is designed based on utilizing the Lumec Company "Renaissance" decorative luminaire as shown in Option 1 of this proposal. Be advised that if the Lumec Renalssance luminaire is not utilized, then new pole calculations must be performed in order to meet windloading compliance certification. In the event the new calculations require pole modifications to meet windloading criteria, this proposal will then become lIVQID" and a new proposal will be forwarded to your office. "'iaml-Dade 1300 Coral Way ;;uit. 300 Vliami. fL 33145 rei: (30:1) 858-3434 Falll: (30S) 8'8-3435 Palm "och 4020 South 57th Ave, Suito 201 Lake Worth, FL 33463 T.I: (561) 641.5301 Fax;: (561) 641-5302 SIB , nt By: Municipal Lighting Systems; 561 641 5302; Dec-3-03 5:45PMj Page 2/4 Page 2 Municipal L.ighting Systems, Inc. propose to furnish the above material for the sum of ONE HUNDRED T~REE THOUSAND THREE HUNDRED ONE DOLLARS ($103,301.00). Delivery schedule for proposed material is 12-14 weeks after receipt of Purchase Order. Payment terms of this proposal shall be a 25% deposit of $25,825.25 at time of order entry. The balance of $77,475.75 to be paid in 30 days from invoice date. All Purchase Orders and deposit check shall be made to: Municipal Lighting Systems, Inc. 4020 S. 57th Avenue Suite 201 Lake Worth, FL 33463 Thank you for your interest and consideration of utilizing Spring City material for the Sunny Isles Project. Sincerely, ~~J/,4v Scott l. 8te;;;:::-7 - Municipal Lighting Systems. Inc. SIB .E~Vi ~? ".. '........, ~""7 "-'9(\ .~~". , , ,'''; '," .',0'",,""'; """"J "",'. ;,' . , . 1 .ACDBI).. CERTIFICATE OF liABiliTY INSURANCE' DATE (MMlDDNYYY) 01/16/2004 PRODUCER (954)724-7000 FAX (954)724-7024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Keyes Coverage, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8201 West McNab Road ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Tamarac, Fl 33321 INSURERS AFFORDING COVERAGE NAIC# INSURED Munlclpal Llghting Systems INSURER A: HARTFORD CASUALTY INS. CO. 70J5-A S.W. 47th Street INSURER B: Miami, FL 33155 INSURER c: INSURER 0: FAX: 561-641-5302 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDIN 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, II~~ ~~~1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 2lSBABL8143 09/01/2003 09/01/2004 EACH OCCURRENCE $ l,OOO,OOC I-- X COMMERCIAL GENERAL LIABILITY DAMAGE T9_ RENTED $ 300 , OOC I-- I CLAIMS MADE m OCCUR MED EXP (Anyone person) $ 10,OO(] A PERSONAL & ADV INJURY $ 1,000,00(] I-- GENERAL AGGREGATE $ 2,000,00(] GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ 2,000,00(] II .nPAO. n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I-- (Ea accident) $ ANY AUTO I-- ALL OWNED AUTOS BOOIL Y INJURY I-- (Per person) $ SCHEDULED AUTOS I-- HIRED AUTOS BODILY INJURY I-- $ NON.OWNED AUTOS (Per accidenl) I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR 0 CLAIMS MADE AGGREGATE $ , $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T"X~~T~1~~1 IOJ~' EMPLOYERS' LIABILITY E,L, EACH ACCIDENT $ ANY PROPRIETOR/PARTNERlEXECUTNE OFFICER/MEMBER EXCLUDED? E,L, DISEASE. EA EMPLOYEE $ If yes, describe under E,l, DISEASE. POLICY LIMIT $ SPECIAL PROVISIONS below OTHER Io-~SCRIPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ~ITY OF SUNNY ISLES BEACH IS NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY COVERAGES. CITY OF SUNNY ISLES BEACH ATTN: JANE HINES 17070 COLLINS AVENUE SUITE 250 SUNNY ISLES BCH, FL 33160 CANCEL T N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE Care ~~ ACORD 25 (2001/08) @ACORD CORPORATION 1988