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Home My WebLink AboutReso 2003-621 RESOLUTION NO. 2003 - L'2. \ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DESIGNATING HOLOPHANE AS A SOLE SOURCE VENDOR OF THE DESIRED STREETLIGHT POLE FIXTURES; APPROVING THE PURCHASE OF STREETLIGHT POLE FIXTURES FROM HOLOPHANE, IN AN AMOUNT OF THIRTY THOUSAND TWENTY-TWO DOLLARS AND FIFTY CENTS ($30,022.50), FOR 159TH STREET AND 174TII STREET; AUTHORIZING THE MAYOR TO EXECUTE VENDOR AGREEMENT, A TT ACHED 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 l59th Street and 174th Street; and WHEREAS, Holophane has been identified by the Administration as a "sole source" vendor to provide the streetlight pole fixtures desired by the City of Sunny Isles Beach; and WHEREAS, in conjunction with that effort the City wishes to purchase forty-three (43) pole fixtures from Holophane, in an amount of Thirty Thousand Twenty-Two Dollars and Fifty Cents ($30,022.50), 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. Holophane is hereby designated as sole source vendor of the desired streetlight pole fixtures. 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 pole fixtures from Holophane, in an amount of $30,022.50, 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. . .. ~ " , .' // l -'- ATTEST: , , -~'l'.6L (. Jane A.lIinesX:;ity Clerk , , R2003. Holopham: 1 Moved by: C t'\W\\'V\\.sqn,\)y it T~lR. Seconded by: fY\'fl\YDR.. ~~Lc..lA P Vote: Ll-o- \ Mayor Ede1cup Vice Mayor Goodman , Y::. Ab~ll'\..t- Commissioner Brezin Commissioner Iglesias Commissioner Thaler l/(Yes) _(Yes) v(Yes) ~CYes) -5Yes) _(No) _(No) _(No) _(No) _(No) R2003- Holophane 2 CITY OF SUNNY ISLES BEACH STREETLIGHT POLE FIXTURES VENDOR AGREEMENT NO. 03 -..2?~}t}-tJ~ THIS AGREEMENT, entered into this i.! f{ day nf "J)~~ .r.2003, by and between the CITY OF SUNNY ISLES BEACH eremafter referred as to "City") and ANTARES ELECTRICAL DISTRIBUTORS, INC I HOLOPHANE@, (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: 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 perZDrme . as incorporated herein, and firm prices in accordance with the Vendor's quotation dated Decemb 3,2003. The total price for these services is $30,022.50 payable: 0 monthly n completion. . 2 Payment for Vendor Services. Request for partial payment of services must be submitted monthly, 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 Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160. 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 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Hollophane Attorneyl Agreementsijb 1/2612004 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. Assismment. 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 without cause, upon seven (7) days written notice to Vendor. This Contract shall be subject to immediate termination if the services do not comply with the specifications stated herein, or fails to meet the City's performance standards. 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 .I. City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Hollophane Attomeyl Agrecmentsijb 1/2612004 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 7777 NW 54th St. Miami, FL 33166, Attention: Bob Cuba. 14. Governine 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. Conflictine Provisions. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. j City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Hollophane Attorneyl Agreementsijb 1/2612004 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in triplicate, on the day and year first written above. . :ATTESt: ", " . . ~I".. , , '~ . . By:' ,.' ~~, ~ : ''JaneA. Hine&~ City Clerk CITY OF SUNNY ISLES BEACH ~y APPROVED AS TO FORM AND LEGAL S FIC NCY By: '+ City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Hollophane Attorneyl Agreementsijb 1/2612004 - "':;'C:1I1 IV..... U. V,,",.. "Tv'" ... eJ;~ pe Ca~cln-ova~ l..:fU:1J. :i~.1-~"u~ . p-l J-HANE LBADERlNUGHTCONTROL Felipe Casanova Senior Sales Representative 4690 SW 146tb Court Miami, Florida 33115-6868 (305) 116-4392 FAX (305) 551-3402 DATE: January 8, 2004 TO: Jane A. Hines City Clerk - City of Sunny Isles Beach FROM Felipe Casanova - Holophane COPIES: Rafael Perez - Holophane, Lillian Reyes Bailey Engineering / Electrical Design Associates SUBJECT: Streetlight Pole Fixtures Agreement Per Resolution No. 2003-621 . Dear Ms. Hines: Please add to the list of Holophane Distributors I sent you this morning: .. Company Antares Contact Bob Cuba Phone / Fax (305) 591-4495/ (305) 477-4620 Please feel free to contact me if you have any questions. ~'~ Felipe ~va Sr. Sales Representative ~ fJo-k : ~~~~~~ ~~~, ~~.~ l/2 f 10 l.f Jan OS 04 OS:OOa Felipe Casanova (305) 551-3402 p. 1 ~ IIOLOPHANI LEADER IN UGHTCONTROL Felipe Casanova Senior Sales Representative 4690 SW 146th Court Miami, Florida 33175-6868 (305) 226-4392 FAX (305) 551-3402 DATE: January 8, 2004 TO: Jane A. Hines City Clerk - City of Sunny Isles Beach FROM Felipe Casanova - Holophane COPIES: Rafael Perez - Holophane, Lillian Reyes Bailey Engineering / Electrical Design Associates SUBJECT: Streetlight Pole Fixtures Agreement Per Resolution No. 2003-621 Dear Ms. Hines: I received a fax from Rafael Perez with the above listed Agreement Form. The reason that Rafael got involved is because I was on vacation at the time that the prices were requested by Lillian Reyes the Consulting Engineer that designed the job for the City. Lillian passed along the prices to the City Of Sunny Isles. I informed Lillian that the material would have to be purchased through one of authorized Holophane Distributors. Please contact our Distributors for purchasing the material, we have in the Miami Dade County area the following Distributors: Company Comact Rexel CES Glenn Ruperta ESI Ed Potts Graybar Dick Peurifoy Mercedes Electric Eddy Quinones Phone / Fax (305) 633-9565 / (305) 635-6679 (305) 702-6001 / (305) 702-6002 (305) 575-1100/ (305) 575-1029 (305) 887-5550/ (305) 887- 8761 Please feel free to contact me if you have any questions. /~~ Felipe Casanova Sr. Sales Representative 01/13/04 TUE 14:58 FAX 13054774620 - - ANTARES ELECTRIC III 001 A NT ARES ELECTRICAL OISTRIBUTORS, INC. 7777 N.W. 54th STREET-MIAMI, FLORIDA 33166 TEL. (305) 591-4495 FAX: (305) 477-4620 PRO-FORMA iNVOICE NO. 030959 Page 1 01/13/04 Bill-to: NEW CITY OF SUWNY ISLES BEACH 17070 COLLINS AVE, SUITE 250 SUNNY iSLES BEACH, FL 33160 Ship-to: SAME CITY OF SUNNY ISLES BEACH 17070 COLLINS AVE, SUITE 250 SUNNY ISLES BEACH, FL 33160 ~~~~===;.==~===;-==~~====-=~====;-~~~====--=~===~-;:~===;;~~===;.~~==~-~~===;-==~==.= REFERENCE # ! QUOTED ! EXPIRES ! SLSP 1 TERMS !WH ~FREIGHTISHIP VIA ==~===-===~==~-~~=~~==-_::~===~-=~~===~-=~~~==~-==~===~-=====--=====-;~~~==-~=~==~_:~ HOLOPHANE !01/13/04! 02/13/041 R !TO BE A~GED !Ol IBILLED IWILL ADVISE =__.e====;_~=====___=~=~=====~=====~g~=====;_2=====~_~====~-~=~===~~~====_~~===~_2~== QUOTED BY: BOB IQUOTED TO: JANE A. BINES ===__a==~===~_~~=====__m~====;_=~=====_=~~====~.~=====;~~====~_Z~===~_~~====~~====~~= ITEM! DESCRIPTION ORDJ::RED 1 UM! PRICEIUM! EXTENSION _~=~===~_me======_~~====_==~~====.==~====~g~======:~====~-a=====~==~===.z======~=~==~ !AS PER HOLOPHANE'S REQUEST aWE ARE PLJ::~SED TO QUOTE THE IFOLLOWING BILL OF MATERI.AL 1 1 431EA! I 1 698.201EA! 30022.60 1 ES2S0MH48B4!HOLOPHANE lWITH BULB S-64457 !IF YOU HAVE ANY QUESTIONS, IPLEASE CONTACT kOBERT CUBA =.C=====-~====--~====__~=~===_~====~_~=====_B======~~===.~===~==~====~_e~===.~====~.= REGARDS, ROBERT CUBA !MERCHANDISE! MISCl TAX! FREIGHTl TOTAL 1--------------------_________________________________________ 30022.601 .OO! .001 .OO! 30022.60 l--.==~~__.====~._====~;=====;_;====_;===========;;====_=====; ~==~=-_:====;-===~=====~~=._-;===._-===~=---=:==--==~~---=~==_.==~=;_.==~=--=~==---== v:., -,j.~u~, U"1l .....:;&",;,6-- .&.-a-."UV -A-a.:.&, - .&.-U'V'''-''~I~-'-''-U-.-V-- rtJ., .Ii~"'---b.Ll.LOl"'&'''''-;a."" "'1:::1""''''",4 ANTARES ELECTRICAL DISTRIBUTORS, INC. 7777 N.W. 54th STREET-MIAMI, FLORIDA 33166 TEL. (305) 591-4495 FAX: (305) 477-4620 PRO-FORMA INVOICE NO. 030959 Page 1 01/13/04 Bill-to: NEW CITY OF SUNNY ISLES BEACH 17070 COLLINS AVE, SUITE 250 SUNNY ISLES BEACH, FL 33160 Ship-to: SAME CITY OF SUNNY ISLES BEACH 17070 COLLINS AVE, SUITE 250 SUNNY ISLES BEACH, ~ 33160 ~~=====-===s====-===~====~=_=====_======~._=====~_c======_:====;=====~======;======.= REFERENCE t ! QUOTED ! EXPIRES ! SLSP 1 'l'EllMS !WH ~~IGHTISBIP VIA ~~~===~========~======--==~===~-===~==~_:2~===================_===~___==============~ BOLOPHANE 101/13/041 02/13/041 R !TO BE ARRANGED 101 IBILLED JWILL ADVISE ==8.e========~===~==s=..===.=======~g=======_z=====_=======-=======.~====_~D===~_2=== QUOTED BY: BOB IQUOTED TO: .TAq A. HINES =~=-=~=.~===--~=======_.=====;-=~=====_=s=====~.======~a=====~=====~_======~.====~a= ITEM! DESCRIPTION ORDERED I UK! PR!CEIUMl EXTENSION -======~..~======~.=====;==..====~========.~======_e======a~====~==~===~.=~====a=~==~ !As PER HOLOPBANE'S REQUEST ! WE ARE PLEASED TO QUOTE THE IFOLLOWING BILL OF MATERIAL 1 1 431EA! I I 698.201EA! 30022.60 1 ES250MB4SB4!HOLOPHANE lWITH BULB S-64457 !IF YOU HAVE ANY QUESTIONS, lP.LEASE CONTACT ROBERT CUBA ! =_C======.===========;;~=~===~=====~~e=====;.s====_======.======~====__.~===;=====~.= !MERCHANDISE! MISCI TU! FREIGHT I TOTAL 1---------------______________________________________________ 30022.601 .OO! .001 .001 30022.60 REGARDS, R.OBERT CUBA 1---==~~--::===~=_====~==3======~===__;==========_=:=~=_~====~ -===~;-;=====;;====-=:==s=-=======_====~==__==s=====s~====~=~=;====__;====__======_=~ I I ~ I I N~~ eo 03 D4:37p l .. ,.-.... ,-.J P.l iA. . --- Quote To: L'Wan 'Raves Rafael It.... 2&82 RegaU. Way OoOper City. PL33028 Tel: +1 (954) ~1$33 Fa: "'1 (164) G344&s ......,.'ol"N@..olophan..oom '. *101 N AndI'eWll Ave. Su'. 100 Ft LaUderd.... ilL 33114 USA T.I: +1 (864) S04-3111 FAX. +1 (984) 684-3040 C1uol8 Da..: .1112012003 QuD.': Q734.4I'7-G1' QuOUt Nune: T_ Crop QUote-City of Sunny Isl.. HOlophane- Proj8Gt1: P73~-416: PtojectNIII1I.~ City of'Sunny. Isles CUlttomot Project ,: ProJect ~on: Sunny Isles. FL USA BJd Dllte: . ' RECEIVED Nay 2 1 2003 .. ,. . . --~ Type <Uy D..crlptlon Unit Price extension 43 IiS2IOM'H48.. ..84487 f:IIQlanlc:fe ~. Luminal... 2$0 Wilt Metal Hllldl!I. AllqeUls.,e Socket. 480 Volt. r..rqrop ,.~" IV G.... OllQt, BllIcfc Flnllh, llQIh 8y/.,.,,18 ( lI.f25OAJ ) Z'OMH Clear MOUUI Bas. Lam; $698.20 'SO, 022.60 Leed 'rime: Total: 130.022.10 Notes ihls'.. estimated coat Ihctuding Oi8trjbulor mark-up. Actual cost mey vary. Any changes to IlirtJlnatre style or color may "old price agreement. Tel'ftl. Sh!pmeot 1- .Um.. bogln the day - tile __ i. reI_ lIIId .... baoed on _king day. an/y. FOB F....ory on all ordet'S. El'I'ectlv8 Jul1 1. 2001, freight Will be prepaid Dl1 orders of $1.500 or motu ($500.00 for rep'aCel'l'lent ballest kJ'-l to 011 ~nb In the _n.ntaI Unhd stalos .nd C...-. Frolghl P/8jl8Id _ addlld on _1...111... $1,aDO. UpOn release of your ora~ -q and n~n-stancl.rd materi.1 ~nnot be OIIncel'ad or returned. h,VoIces dliltTld. tram ths 11 tII lhrough 111. 25lh Of iii. month .. dlle net On tho 10lh of tho roRowIng month. I........ dated fIQm tho 21lt11 IIV\lUgh ilia 10th Of lit. lblloWlllllmonlh .... dIl& net on the 25lh '" 111. _. monlh. A """'.... ohluge Of one and . hair - "'" month lor ilia m8J<lmurn IlOlIfUI -> ohall be ~ on oil ~ PIIl'fnonl. and ohaIl b. payebl. on demand. Terms ate SUbject ~ I"Itvi&.icn. S\B , Qf 1 Q734....S7 -01 __...w.._.._.._,....__..., -_II____~_,.... ....._. ......_,._.._.....~_ 1 TEAR 6.7m - #~- 1 DROP o t.. /~ 'Lf). " I ., ./ Tffl "",--~ l\\J I_~:~ ~8""" ~ ; ,E 6~': ' Memphis lumlnaire on a Columbia post with a Boston Harbor al.m (22': SERIES ........ .....-... - ..--- S\B ; J;-:-=::..-:~,,, .tfi'<;~.:, , \ .. ,-,' -+ I i I I I I I I~ 7 ~....., i I ~ /;~ j ;;/" !~ \ I \,J" q I I' I I I III III ill Iii 1.1 i:j 1:1 !Ii III I, ~ II :11 ;1 II I!! II 'I 'i, Iii i" II: I .. I ! I , 1 ffl rfrl "<'--li' r~~" ,f! .' ~~4 I , ! / / , / ", -// , , , :-+- ~;. .1 ~~t~}"n--; ..... # - :..~ T,,^/in Atiant2 iUrTli:laires on a C ol:xnbia post wilh West liberty tWirl arm:. HOLOPHANE@ 5\'0