HomeMy WebLinkAboutReso 2007-1058
RESOLUTION NO. 2007- /DSg
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH E=MC2 FOR THE PURCHASE AND
INSTALLATION OF EMERGENCY TRANSFER SWITCHES
AND RELATED EQUIPMENT FOR CERTAIN TRAFFIC
SIGNALS, IN THE TOTAL AMOUNT OF FIFTY-SEVEN
THOUSAND ONE HUNDRED SEVENTY-FOlJR DOLLAns
($57,174.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MA YOR 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 located on a barrier island in the State of
Florida; and
WHEREAS, the State of Florida, including the City of Sunny Isles Beach, is subject to
hurricanes and other kinds of inclement weather conditions; and
WHEREAS, these various weather conditions can cause severe power outages in the
community, which may render the traffic signals in the City inoperable; and
WHEREAS, it is imperative that the traffic signals located in the City remain operational
at all times for the safety of drivers and pedestrians; and
WHEREAS, the purchase and installation of emergency transfer switches will give the
City the ability to utilize generators to keep our traffic signals operable; and
WHEREAS, staff has contacted E=MC2, the sole source vendor of the emergency
transfer switches, and they have provided a proposal, in the amount Fifty-Seven Thousand One
Hundred Seventy-Four Dollars ($57,174.00), for the purchase and installation of said emergency
transfer switches; and
WHEREAS, purchases from sole source vendors are exempt from the bidding
requirements of the City's procurement ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Seetion I. Approval of Agreement. The Agreement with E=MC2 for the purchase and
installation of sixteen (16) emergency transfer switches and eighteen (18) generators, in the total
amount of Fifty-Seven Thousand One Hundred Seventy-Four Dollars ($57,174,00), attached
hereto as Exhibit "A," be, and the same, is hereby approved,
Section 2. Authorization of Mavor. The Mayor is hereby authorized to execute said
Agreement.
R2007- Traffic Signal Transfer Switches from E=MC2 Purchase & Installation
Page I of2
Section 3. Authorization of Citv Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 115th day of February 2006.
~d4/d:~
7 m" S Edok,p, M'ym
ATTEST:
,
AND
Moved by: 'II U YV\~~ ~ti(
Seconded by: C())~ -S~f.2.jN
Vote: ::d)
Mayor Norman S. Edelcup
Vice Mayor Lewis Thaler
Commissioner Roslyn Brezin
Commissioner Gerry Goodman
Commissioner Danny Iglesias
_v(Yes)
v(Yes)
!.dYes)
l/'(Yes)
BYes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2007- Traffic Signal Transfer Switches from E=MC2 Purchase & Installation
Page 2 of2
CITY OF SUNNY ISLES BEACH
TRAFFIC LIGHTS-ON CONTROL PANEL AGREEMENT WITH
EMERGENCY MANAGEMENT CONTROLS, CORP" a,ka. (c=mc2)
CONTRACT NO, C0607-020
THIS AGREEMENT ("Agreement") entered into this IQtI1day of JebnJilVl..f .
2007, by and between the CITY OF SUNNY ISLES BEACH (hereinafier referred as to "City"), a
mUl1lelpal corporation of the :state 01 I' 101'lt1a, and U;IVIl<,I{l.d<;I'IC Y IVlAI'IAlil<,M/<;1'I1 CUi'll RUL1S,
CORP., (c=mc') authorized to do business in the State of Florida (hereinafter referred to as
"Contractor") whose Federal Employer Identi fieation # is .aO - -5.3'1'7 '7/ If
RECIT ALS
WHEREAS, the City is in need of a contractor to furnish all materials, equipment and labor
for the installation of sixteen (16) Traffic Lights-On control panels at each of the fourteen (14) Sunny
Isles Beach lighted intersections on Collins A venue and two (2) of our parks, ("Scrviees"); and
WHEREAS, Contraetor has expressed the ability and desire to provide theses Services, subject
to the terms and conditions contained herein, and has submitted a proposal to the City as more fully
described in Attaehment "A", whieh is attached hereto and made a part hereof; and
WHEREAS, the City's Code provides that any purchase in excess of $25,000.00 requires City
Commission approval and compliance with the City's procurement code, whieh mandates that such
purchases must be awarded by competitive bidding, with certain limited exceptions; and
WHEREAS, this Contractor is a sole source vendor of emergency transfer switches and, thus,
this purchase is exempted from the City's competitive bid process.
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
names, the parties agree as follows:
TERMS
I. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and
made a part hereof.
2. SERVICES: Contractor agrees to furnish all labor and materials in a good workmanlike and
professional manner and to perform the Services designated in Attachment "A" 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
C00607-018 Emergency Management Controls. Corp. - Traffic Lights-On Control Panel Agreement
S \ \~
FEB-09-2001 ;2:13PU FROU-CITY OF SUNNY ISLES BEACH
3057921563
T-218 P.002/00. F-.02
-- --
City of Sunny Isles Beae"
18070 Collins Avenue, Sunny Isles Beach, FlorIda 33160
(305) 947-0606 phone (305) 949.31/3 fax
employees to perform their work in a manner befitting the type and scope of work to be performed, In
the event that the Contractor fails to complete the Services pursuant to the tenus of this contract and
City must undenake the completion of performance of Services, Contractor agrees to indemnify the
City fOr all costs incurred with respect to the completion of those Services and any damages the City
may suffer as a result of the Contractor's failure to perfonu the Services,
3, COMPT.'NS<\TIONI Celltraeto. ,lmll be compensated a total fee as specified on attached
proposal, an amount which includes the cost of sixteen (16) emergency transfer Switches and eighteen
(18) 4.75 kilowatt normal capacity 120 volt generators. Payment will be made to the Contractor as
invoiced, and all charges under this Agreement shall be in accordance with this Agreement and a
schedule of charges and tasks reflected in Attachment "A". The City shalI pay the invoiced amounts
within thirty (30) days after receipt of the invoice. The Contractor shall make no other charges to the
City for supplies, labor, licenses, permits, overhead or any other expenses or costs unless any such
expense or cost is lncUlTed 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 uncDntested amounts and withhold
payment on the contested amounts until they are resolved by agreement with Contractor,
4, UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered
during the perfonuance of this Agreement, the City shaII have the right to cancel this Agreement upon
thirty (30) days written notice to COntractor, Upon tennination, the City may re-bid the project if the
contractor fails to perfonu under this Agreement due to the undisclosed conditions,
5, INSURANCE: Contractor shall, at its sole cost and expense, during the period of any work
being performed under this Agreement, procure and maintain the folIowing minimum insurance
coverage to protect the City and Contractor against alIloss, claims, damage and liabilities caused by
Contractor, its agents, sub-Contractors or employees, as indicated below:
o
o
o
Comprehensive General liability insurance, including broad fonn contractual liability
coverage for all operations, including, but not limited to, contractual, products, and
cDmpleted operations, personal injury and property damage liability with minimum
limits Df One Million Dollars ($1,000,000) per occun'ence and Two Million Dollars
($2,000,000) aggregate,
Worker's CDmpensation, as required by law, but with no less than $1,000,000 for
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
injwy and Five Hlmdred Thousand Dollars ($500,000) per accident for property
damage,
C00607-022 EMergency Management Comrols. Corp. ... Truffie liglm.On Confrol PM!!:I ASrt'cmcnt
2
S\B
Cit)' of SIIIIII)' Isles Ileac"
18070 Collins A venue, Sunny Isles Beach, Florida 33 160
(305) 947-0606 phone (305) 949-3113 Fax
employees to perform their work in a manner befitting the type and scope of work to be performed. In
the event that the Contractor fails to complete the Services pursuant to the terms of this contract and
City must undertake the completion of performance of Services, Contractor agrees to indemnify the
City for all costs incurred with respcct to the completion of those Services and any damages the City
may suffer as a result of the Contractor's failure to perform the Services.
3. COMPENSATION: Contractor shall be compensated a total fee as specified on attached
proposal, an amount which includes the cost of sixteen (16) emergency transfer switches and eighteen
(18) 4.75 kilowatt normal capacity 120 volt generators. Payment will be made to the Contractor as
invoiced, and all charges under this Agreement shall be in accordance with this Agreement and a
schedule of charges and tasks reflected in Attachment "A". The City shall pay the invoiced amounts
within thirty (30) days after receipt of the invoice. The Contractor shall make no other charges to the
City for supplies, labor, 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.
4. 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
thirty (30) days written notice to contractor. Upon termination, the City may re-bid the project if the
contractor fails to perform under this Agreement due to the undisclosed conditions.
5. INSURANCE: Contractor shall, at its sole cost and expense, during the period of any work
being performed under this Agreement, procure and maintain the following minimum insurance
coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by
Contractor, its agents, sub-Contractors or employees, as indicated below:
o
Comprehensive General liability insurance, including broad form contractual liability
coverage for all operations, including, but not limited to, contractual, products, and
completed operations, personal injury and property damage liability with minimum
limits of One Million Dollars ($ I ,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate.
o
Worker's Compensation, as required by law, but with no less than $1,000,000 for
Employer's Liability.
o
Business Automobile Liability which shall include coverage for all owned, non-owned
and hired vehicles for minimum limits of not Icss 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.
C00607-022 Emergency Management Controls, Corp. - Tranie Lights-On Control Panel ^grccll1cnt
2
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City of Suuuy /"/e,, Be((ell
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3 113 Fax
o Umbrella/Excess Liability coverage in addition to the foregoing limits that when
combined with the foregoing limits provide total coverage of at least Five Million
Dollars ($5,000,000).
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-
ll1surance mall1tall1cd by tile Lily.
Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The
insurance policy(ies) shall be issued by companies authorizcd to do business under the laws of the
State of Florida and acceptable to the City with a minimum Best rating of A-Excellent. Before any
work under this Agreement is performed, and at any time upon reqnest, Contractor shall furnish
to the City certificatcs of insurance evidencing the minimnm 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's Risk Management Department. 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. The City reserves the right from time to
time to change the insurance coverage and limits of liability required to be maintained by Contractor
hereunder.
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 TilE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE
APPROVED IN WRITING BY THE CITY.
6. OWNERSHIP OF DOCUMENTS:The parties agree that all documentation and work product
produced pursuant to this Agreement shall become the exclusive property of the City and shall be
provided to the City upon request.
7. INDEPENDENT CONTRACTOR RELATIONSHIP: It is understood and agreed that
nothing contained in this Agreement shall be deemed to create a partnership, joinl venture, other
association, or an employer/employee relationship between thc Contractor and the City. Contractor
shall be in the relation of an independent contractor and is to have entire charge, control and
supervision of the work to be performed hereunder.
8. COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this
Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses,
approvals and consents necessary for the lawful conduct of the activities contemplated under this
Agreement.
C00607-022 Emergency Mllllllgcmcnl Controls, Corp. - Trame Lights-On Control Panel Agreement
3
SIB
Ci(l' of SIII/I/)' Isles Beaelt
18070 Collins ^ venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Specifically, Contractors shall comply with all applicable conflict of inlercst provisions as provided in
state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles Beach (Section 62-16
entitled "Ethics in Public Contracting." As provided in Section 62-16, Code of the City of Sunny Isles
Beach, the City Commission may terminate this Contract for violation of the above-referenced ethical
standards.
9. WAIVER OF LIABILITY/INDEMNITY: The Clly shall not m any way be answerable or
accountablc for any violations of applicable laws or for any injury, loss or damage arising from the
negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor
hereby agrees to indemnify. defcnd and hold harmless thc 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 Contractor of its
obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and
destruction of property resulting from the performance or breach by Contractor. Contractors
indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance,
Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's
lien against City property.
10. ASSIGNMENT: 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 Agrecment is
personal to the Contractor 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 attemptcd
assignment or delegation shall be deemed of no legal forcc and effect whatsoever.
11. TERM: Subject to the provisions relating to the termination of this Agreement as set forth
hercunder, the term of this Agreemcnt shall begin upon the execution of this Agreement and shall end
Sixty days (60) days following the execution of this Agreement, upon the completion of Services
described in Attachment "A". The term of this Agreement may be extended for an additional term at
the option of the City. Payment will be made only for work complcted to the satisfaction of the City.
Contractor is to commence performance of work on the Commencement Date and continue in a
diligent manner until work is complete. Contractor acknowledges that compliance with the
commencement and completion schedule is the essence of this Agreement. The terms of Sections 8
and 9 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive
termination of this Agreement.
12. TERMINATION: The City shall have the right to cancel this Agreement, at any time
during the term hereof, upon thirty (30) days notice to the Contractor.
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 hcrein) (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
C00607.022 Emergency Management Controls, Corp. - TmtTic Lights-On Control Panel Agreement
4
S\\)
Cit)' oj SUfi/I)' Isles Beac"
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
with confirmation receipt (with a copy simultaneously sent by certificd 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 Citv: A. John Szerlag With a copy to:
City Manager Hans Ottinot,
City of Sunny Isles Beach City Attorney
18070 Collins Ave. City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160. 18070 Collins A venue
Ph: 305-947-0606 Sunny Isles Beach, Florida 33160,
Ph: 305-947-0606
If to the Roy Bustillo
Contractor: Emergency Management Controls, Corp,
70358 SW 47'11 Street
Miami, FL 33155
Ph: 305-667-9868
Fax: 305-666-2450
14, GOVERNING 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 legal action or proceeding
commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida.
15. REMEDIES FOR BREACH: Should Contractor fail to perform. City shall notify Contractor
in writing of such failure to perform and Contractor shall have ten (10) days of receiving such notice to
cure such failure, If Contractor is unable to cure such railure to perform, then City shall receive a
refund from the Contractor in an amount cqual to the actual cost of a third party to cure such failure.
The City may sue for damages in circuit court. If Contractor fails, refuses or is unablc to perform any
term of this Agreement, City shall pay for services rendered as orthe date of termination.
16, ATTORNEY'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, together with reasonable attorney's fees for the anticipated cost of collection and judgmcnt
enforcement.
17. MISCELLANEOUS:
A. In the event any provision of this Agreement is round to be void and unenforceable by a
court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be
C00607-022 Emergency Mamgcmcllt Conlro]s. Corp. - Traffic Lights-On Clllltrol Panel Agreemellt
5
SIB
Ci(.l of SUIlIl)' Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
binding upon the parties with the same effect as though the void or unenforceable provisions had been
severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which shall
be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with respect to
the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written
negotiations, commitments, agreements and understanding relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed by
the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless such
waiver is in writing and signed by the party granting such waiver.
18. CONFLICTING 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.
WITNESSES:
rCl S,IO S S)Ci
f~
CONTRACTOR:
f"V"'c.<C.,''''' EMERGENCY MANAGEMENT CONTROLS, CORP.
.--./
BY' /~~ ~
. --~"_..
/~Bustillo
'Ro~
CITY OF SUNNY ISLES BEACH
ATTEST
~A~
Jane Hines, CMC, City Clerk
C00607-022 Emcrgency tv1allagclllent Controls. Corp. - Tmllic l.ights-Oll Control Panel ^grccrncnl
6
S\\3
2007-02-09 11:28
(305)666-4211 >>
3057921563
P 2/2
e=m
Proposal
0.1&
Due Dele
Proposal"
21912007
21912007
2
Name I Addrua
City of Sunny lslcs Beacl1
Sunny Isles Beach, FI33160
AI1n: ll111cs E. Ww
7035B SW 47th Street'
Miami, FL 33155
Tel.: (305) 667-9868
Fax: (305) 666-2450 Terms Rap Project
See II1achW KIM
Qty Desalption PrIcIlIuch ToIal
16 Maleriollllld iMlaIlalion for 16 Trolllc L1ihts-On conllOl panclJ - 2,679.00 42,1164,00
conllOl panels proYid. ablUry to connect cmcrgcncy gcncnllor to
lnffic light cotIlIOlI... (GENERATOR NOT INCLUDED) IS PC<
MIamJ-Dodc County Public Wor'o """"iflc:ations.
18 Gcncnlors .4,7~ KW normal capa<:ity 120 Volts 79'.00 14,] 10.00
.
Total $57,174.00
SlglUllIn
Attachment "A"
SIB
TERMS AND CONDITIONS
1. Emergency Management Controls, Corp., DBA e-me', is herein referred to .s the 'Seller" and the customer or person or enlity
purChasing goods or services ('Goods-) from Seller Is referred to as the 'Buyer". These Terms and Condlllons, any price list or
schedule, quotation, acknowledgemant or invoice from Saller relevant to the ealo and license of the Goods and all documente
incorporated by speCific reference herein or thorein, constitute the complete and axclusive statement 01 Ihe terms of the agreement
govemlng the sale of Goods. Seller's accept.nce of Buyer's purchase order Is expresely conditione I on Buyer's assent to ell 01
Sellsr's lerms and conditions of sale, including terms and conditionelhal are different from or additional 10 the tenne and conditions
Of Buyer's. Buyer's acceptance of the Goods will manifest Buyer's assent to Ihese Terms and Condlllons. Seller re""rves the light
in lis sole discretion to refuse ordel1l.
2. PRICES - Unless otherwise specified In writing by Seller, the plice quoted or spaclfied by Seller for the Good. shall remain In
effecl for thirty (30) days efter the date 01 Seller's quotation.
3, TAXES - Prices ahown dO notlnc/ude sales or othar laxes Imposed on the sele of goods. Taxes now or hereafter Imposed upon
sales or shipmenls v.111 be addad to the purchase price. Buyer egrees to reimburse Seller for any such tax or provide Seller with
acceptable tax exemption certmcete.
4. TERMS OF PAYMENT - Unless otherwise speclfled by Soller, terms are net thirty (3D) days from date 01 Seller's invoice In U.S.
currency. A. a condition of tha seles agreement, a monthly selVlce charge of tha lesser of 1l-\% or the maximum permiUed by law
mav be added In .11 AOM"~ts MI paid by the Aet d~e date.
S, SHIPMENT AND DELIVERY - While seller will use all reasonable commercial efforts to maintain Iho delivery daters)
acknowledged or quoted by Seller, all shipping dalea are approximate and not guarenteed, Seller reserves the right to make
partlel shipments. Seller, al Its option, shell not be bound 10 tender delivery of any Goods for wflich Buyer has not provided
ahlpping inatructions and other required information. If the shipment of tha Goods I. poatponed or delayed by Buyer for ANY
REASON, buyer agrees to reimburse Seller for any and all storage costs and other edditional axpenoes resulting thero from.
6. WARRANTY COVERAGE - Tha Seller Warranl. ii's products to be free from detecls in mataliel or workman.hip for a poliod of one
(1) yeer frQm dale of shipment. All warranty claims of defective matelial or wOrkmanship over sold warranty partod v.111 be subject
to Inspection and verlncatlon by eeller's autholized eelVlce personnel. Producls will be repaired, as neC8ssary, free of all charge.
except Iransportatlon, and the correction of any defects by repelr or replacement by the Seller constltuto fulfillment of all obligations
and liability of the Seller to tha Buyer under this warranty. The limit of the Sailor's liability with respect to any product(s) furnlsllod
hereundar, Whether in conlmct, In tort, under any warranty, Or otherwise, shall be the contrecl prtce herein of the speclnc product
on which auch liability is based. The Sellar Is not responsible for damage of it. product(e) through Improper Installalion,
melntenence, use, repairs or adjustmente, or attempts to operate the product beyond Its ratings, IntentiOllally or otherw1se, Or for
unauthorized rapall1l. The Seller shell not be liable for and Buyar assumes reeponslblllty for all personel Injury and property
damage rssulUng, from the handling, possession or use of the goods by the Buyar, The Seller shall not be liable for specinc
cOllseQuentlel demege. in eny claim, action euit or proceeding alising under this lmnsectlon, nor .hall thera bo eny liability thers
under for claims of labor, loas of proflt or good will, repelrs or other expensas Incidental to replacament. No other representalions,
guemntees Or warranUes, express or implied, ere mede by the Sellar and the foregoing werranty Is In lieu of all other
representations and werrantles, express or implied, which are hereby expressly dlaclaimed and walvad by tha Buyer, including and
warranty of merchantability or of fitneas for particular purpose, These warranties do not extend to any losses or demages due to
misuse, accident, abuse, naglect, normal wear and teer, negligence (other than Seller's), uneuthorized modification or altemUon,
use beyond rated capeclty, unsuitable power sources or environmental conditions, Improper installation, repair, handling,
maintenance or application or any other cause not the fault of Seller, To tha extent that Buyer or Its agents has supplied
speclflcatlons, Information, representation of oparating conditions or other data to Seller in the selactlon or design of the Goods and
the preparation of Seller'a quotaUon, end in the event that actual operating conditions or other conditions differ from those
represented by Ihe Buyar, eny warranties Or other provisions contained herein which are affected by such conditione shall be null
and void.
7. LIMITATION OF REMEDY AND LIABILITY - The sole and exclusive remedy for breach of any warranty hereunder shall be limited
to repair, correction or replacement, or refund of the purcha"" price. Sellar shall not be liable for damages caused by delay in
performance and the remedies of buyer set forth in this egraement are eXcluaive, In no event, regardless of the form of the claim
or cauSa of action (whether based in contract, Infrlngemant, negligence, strict liability, other tort or otherwi",,), shall Seller's Ileblllty
to buyer andlor its customers exceed the plice paid by the Buyer for the speclftc gOOdS provided by Seller giving rise to the claim or
causa of acUOIl, Buyer egraes that In no event ehall S.lIer's liebility to BUyar andlor its customers extand to include incldenlal,
consequential or puniUve demag88, Ths term 'consequenllel damages' shall Include, but nolllmlted to, loss of anticipated profils,
busineM interruption, loss of use, revenue, reputetlon end data, costs incurred, Including wllhoutllmltation, for capital, fuel, power
and loss or damage to property equipment,
8, EXCUSE OF PERFORMANCE - Seller shall not be liable for delays In performance or for non-performance due 10 ects 01 GOD;
acts of Buyer; war, fire; nood; weather; sabotage; stlikes or labor dispute.; civil disturbances or Iiols; governmental requests,
restriclions, allocations, lewa, regulations, orders or acUons; unevelleblllty of or delays in lransportatlon; default of supplisr.; or
unforeseen circumatances or any events or ceuses beyond Seller's reasonable control.
9, MEDICAL - Goods and Servtces sold hereunder are not for uses in connection with any life-support patient-connected or surgical
implentoqulpmanl and related applications,
'0, INSPECTIONfTESTING - Buyer, at its option and expanse, may Inspect and observe the testing by Seller of tha Goods for
compliance v.1th Seller's tesling procadures,
11, RETURNED GOODS - Except es mey be otherwise provided v.1th respect to warranty returns, advance written pennission 10
return non-con fanning Goods must be obtained from Seller in accordance with Seller's then current Return Matenal Autholizatlon
(RMA) procedures and a return autholizatlon number Is Issued. Such GOOdS must be new, unused, of current manulacture snd
free of all liens, encumbrances, or other claims. . .
12. LIMITATION OF LIABILITY - Buyer's remedies under this contmct are subJec1 to any IImltetlons contslned 'bn'l!"anuhfal,ctbure,r'sttednnts
and conditions to Seller, a copy of which will be furnished upon wrltlen request, Furthermore, Seller's Ila Ilty S a e 1m. ~ 0
either repAIr or roplQcomont of IM9 Goods or rofund at the purchase price, all at Sellers opt/or'l. and in n c.ge:(t ~ha" ~G"Ar b& IIIl1lbfo
lor .poelel or eon..quantlel damagee. In eddltion, claims for shortagas, other than loss in lranslt, must be made in writing not
moralhen flv. (5) deys eflar receipt of shipment.
SIB
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
CommiSSioner
A. John Szerlag
City Manager
Hans Ottinol
City Attorney
Jane A. Hines
City Clerk
18070 Collins Avenue, Sunny Isles Beach, FL 33160
305.947.0606 www.sibfl.nel
February 21, 2007
Roy Bustillo
Emergency Management Controls, Corp.
7035B S.W. 4th Street
Miami, Florida 33155
Re:
Transfer Switches Agreement with Emergency Management Controls,
Corp.
Dear Mr. Bustillo:
At its regular meeting of February 15,2007, the City Commission adopted Resolution
No. 2007-1058, which approved an agreement with Emergency Management Controls,
Corp. (E=MC2) for the purchase and installation of transfer switches, generators, and
related items. Attached are a copy of the approving resolution and an original agreement
for your files.
Thank you.
Very truly yours,
a~uJaJU1A--
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: Jim Watts, Assistant Public Works Director
Anice Paul, Administrative Assistant to Finance Director
Shaun S. Gelvez, Contracts Coordinator
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Emc2 Emergency Mgmt Controls Agmt Trans Ltr
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
______n_~TO:--- __l'he_Honorable_Mayor_andCity_Commission_______
VIA:
FROM:
A. John Szerlag, City Manager
'f)Wlvi
Jorge Vera, Assistant City Manager
James E. Watts, Director, Public Works Department
DATE: February 15,2007
RE: REMOTE SWITCHING OF TRAFFIC LIGHTS
RECOMMENDATION:
It is recommended that the City Commission approve the purchase and installation of emergency
transfer switches giving the City the ability to utilize generators keeping our traffic signals
working when FPL power is disrupted. These switches come from the E=MC2 Company who
are a sole source supplier. We need sixteen (16) switches (fourteen (14) for traffic lights and two
for our parks) at $2,679.00 per each, with a cost of $42,864.00, and eighteen (18) generators at
$795.00 each, with a cost of $14,310.00, and a total project cost of $57,174.00.
REASONS:
The one thing that generally strikes the City each year is a wind storm. When this happens, we
usually lose FPL power. The power can be off from a few hours to several days. Needless to
say the traffic snarl created is horrendous. When this happens the City must field many of its
police officers to control and direct traffic, creating a situation that takes away manpower which
could be better utilized elsewhere. Also with the loss of power, our residents enjoy spending
time in our parks rather than staying in their hot homes. Installing these switches in the parks
will make the time more bearable for everyone.
For generators large enough and properly wired for our purposes this company also Rrovides tl:1~_._._
best price, $795.00 each. We recommend that the City purchase eighteen (18) units, bringing the
total generator cost to $14,310.00, and the overall project cost $57,174.00
ADDITONAL INFORMATION:
Funding for this project comes from budget code 10-539-5344.
Agenda Item ---l () M
Cover Memo E=MC2 Company Traffic Ltg Switches. Doc
Date
'2-15-D7