HomeMy WebLinkAboutReso 2013-2026 RESOLUTION NO. 2013 - 20t,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING THE APPROVAL
OF THE FIRST AMENDMENT TO AGREEMENT WITH IRON SKY,
INC. FOR THE PURCHASE AND INSTALLATION OF AN
AUTOMATED LICENSE PLATE RECOGNITION SYSTEM(ALPR),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City was in need of a contractor to install 24 Automated License Plate
Recognition System (ALPR) cameras to capture all inbound and outbound traffic at 11 locations
located within the City, and issued and advertised Request for Proposals No. 12-09-01, for which
three (3) responses were received; and
WHEREAS, on December 20; 2012 via Resolution No. 2012-2002 the City Commission
approved an Agreement with Iron Sky, Inc. for the purchase and installation of an Automated License
Plate Recognition System (ALPR), in an amount not to exceed Two Hundred Seven Thousand One
Hundred Seventeen Dollars and Fifteen Cents (S207,117.15); and
WHEREAS, the City now wishes to approve the First Amendment to Agreement waiving
the Performance and Payment Bond requirement set forth in Section 2.7 of Request for Proposal No.
12-09-01; and stating that the City shall pay Iron Sky, Inc. 90% of total compensation upon
completion and acceptance of Services with the remaining 10%being retained by the City up to six
(6) months for testing of the system installed by Iron Sky, Inc., 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. Incorporation of Recitals. The recitals set forth in this Resolution are incorporated
herein by reference as if fully set forth herein.
Section 2. Ratify Approval of First Amendment to Agreement. The City Commission hereby
ratifies approval of the First Amendment to Agreement with Iron Sky, Inc. for the purchase and
installation of an Automated License Plate Recognition System(ALPR), attached hereto as Exhibit
Section 3. Authorization of City 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 21st day of February 2013.
R2013-Iron Sky 1st Amd to Agrmt ALPR(RFP 12-09-01) Page 1 of 2
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N. an S. Edelcup, Mayor
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ATTEST:
Jane A. Hines, CMC, City Clerk
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APPROVED AS TO FORM
AND .EG/LJ F CIENCY:
/s Ottinot. City A torney
Moved by: V tct. eNs.zit.r 1013
Seconded by: t_Ory r t to sLcnan
Vote: 5-O
Mayor Edelcup ✓(Yes) (No)
Vice Mayor Aelion -- (Yes) (No)
Commissioner Gatto V(Yes) (No)
Commissioner Levin ✓(Yes) (No)
Commissioner Scholl V (Yes) (No)
R2013-Iron Sky 1st Amd to Agrmt ALPR(RFP 12-09-01) Page 2 of 2
tea`` FIRST AMENDMENT TO THE AGREEMENT BETWEEN
`w THE CITY OF SUNNY ISLES BEACH
AND IRON SKY, INC.
CONTRACT NO. C1213-002
This First Amendment to the Agreement between the City of Sunny Isles Beach and Iron
Sky, Inc., executed this day of , 2013, is made a part of the
original Agreement between the parties dated December 20, 2012, attached hereto as Attachment
"A" and incorporated herein by reference, (the "Agreement') between the City of Sunny Isles
Beach (`'City") and Iron Sky, Inc., ("Contractor") a business corporation licensed in the State of
Florida. whose Federal Identification # is 26-3693970. The City and Contractor hereby agree as
follows:
1. PERFORMANCE AND PAYMENT BOND: The parties agree to waive the
Performance and Payment Bond requirement set forth in Section 2.7 of Request for Proposal No.
12-09-01. attached hereto as Attachment "B", and incorporated herein by reference.
2. COMPENSATION: The total compensation to the Contractor, as set forth in Section 4
of the Agreement, is hereby amended to state that City shall pay Contractor 90% (ninety percent)
of the total compensation upon completion and acceptance of Services. The remaining 10% (ten
percent) of the total compensation due Contractor shall be retained by the City up to 6 (six)
months for testing of the system installed by Contractor.
3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified
herein, all terms and conditions of the original Agreement between the parties. dated December
20, 2012, shall remain in full force and effect.
IN WITNESS WHEREOF, the panics hereto have executed this document as of the date
mentioned above.
WITNESS: IRON SKY, INC.
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Signature
By: i .T
Scott Fn .. i e President. Sales
Print Name
ATTEST: CITY OF SUNNY ISLES BEACH
• Jane A. Hines, City Clerk rorman S. Edelcup, Mayor
PROVED AS TO FORM
AND LEGAL SUFFICIENCY
By .�q fli.n..1y Cs4
Hans Ottinot City Attorney
AGREEMENT BETWEEN THE CITY OF SUNNY
kLafi
ISLES BEACH AND IRON SKY, INC.
CONTRACT NO. C1112-073
THIS AGREEMENT ("Agreement") is made as of this tr da y of t• 2012 by and
between IRON SKY INC., a Corporation, licensed to do business in Florida, ("Contractor"),
and the City of Sunny Isles Beach, a Florida municipality, hereinafter referred to as (the "City")
whose Federal I.D. # is 74 %'lS l°
RECITALS
WHEREAS, City is in need of Contractor to install twenty-four (24) Automated
License Plate Recognition System (LPR) cameras ("Services") to capture all inbound and
outbound traffic at eleven(11) locations located within the City, and
WHEREAS, the City advertised Request for Proposal No. 12-09-01 for Automated License
Plate Recognition ("ALPR") System, and Contractor was recommended for selection by City staff;
and
WHEREAS, Contractor is a certified and insured company with the necessary experience to
provide the desired Services; and
WHEREAS, the City desires to enter into this Agreement with Contractor to provide the
Services in a total amount not to exceed Two Hundred Seven Thousand One Hundred Seventy-
Seven Dollars and Fifteen Cents ($207,177.15).
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 shall provide to the City the Services as more particularly
described in Request for Proposal No. 12-09-01 and Contractor's Response thereto ("Services"),
attached hereto as Attachment "A"and incorporated herein by reference.
3. TERM. The term of this Agreement shall commence upon the first calendar day of the
month st'rreeding approval of this Agreement by the City Commission, unless otherwise stipulated
in the Notice of Award letter distributed by the City's Purchasing Agent, and shall terminate upon
the completion of Services.
4. COMPENSATION. As the entire compensation under this Agreement and during the term
of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to
exceed Two Hundred Seven Thousand One Hundred Seventy-Seven Dollars and Fifteen Cents
Page I of 8
Attachment "A"
IRON SKY,INC.-CONTRACT N
($207,177.15) for the installation of all software and hardware, as more particularly described in
Attachment "A". In addition, the City agrees to pay Contractor a recurring annual fee of Twelve
Thousand Dollars ($12,000.00) each year for Years 2 through 5, as more particularly described in
Attachment "A", for the Vigilant Video Annual Site license and Iron Sky Annual Onsite Service.
Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with
this Agreement and the schedule of charges reflected in Attachment "A" 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.
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. In the event the City Commission fails to appropriate funds for the
particular purpose of this Agreement during any year of the term hereof, then this
Agreement shall be terminated upon ten (10) days written notice and the Contractor
shall be compensated for the Services performed prior to the effective date of
termination.
d. Final Invoice. In order for both parties herein to close their books and records, the
Consultant will clearly state "final invoice" on the Contractor's finalllast 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
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IRON SKY,INC.-CONTRACT NO.C 1112-073
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.
6. 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 more particularly set forth below:
(a) General liability insurance with limits of One Million Dollars
($1,000,000.00) combined single limit occurrence. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive General
Liability Policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
Premises and/or Operations.
Independent Contractors.
Products and/or Completed Operations Hazard.
Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific Agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
Errors and Omissions Liability.
The City of Sunny Isles Beach is to be named as an additional insured with
respect to liability arising out of operations performed for the City by or on
behalf of Contractor or the acts or omissions of Contractor in connection with
such operation.
(b) Workers' Compensation insurance to apply for all employees in compliance
with the Workers Compensation Law of the State of Florida and all
applicable federal laws.
(c) Business Automobile Liability Insurance with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage must be
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IRON SKY.INC.-CONTRACT NO.C1112.073
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afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office and must include:
Owned vehicles.
Hired and non-owned vehicles.
Employers' non-ownership.
Such policies of insurance shall not diminish Contractor's indemnification obligations hereunder.
The insurance policy shall be issued by such company, in such forms and with such limits of
liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any
insurance, which the City may maintain. 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 appropriately endorsed for contractual liability with the City
named as an 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) calendar days prior written notice to
the City Manager or his designee. 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.
7. 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.
8. DUTY TO INDEMNIFY AND HOLD HARMLESS. Contractor agrees to indemnify and
hold harmless, the City, its officers,agents, employees from, and against any and all claims, actions,
liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic
or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise
or may be alleged to have risen from the negligent acts,errors, omissions or other wrongful conduct
of the Contractor, including their officers, agents, employees or other personal entity acting under
Contractor's control in connection with the Contractor's performance of services pursuant to this
Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such
costs and judgments which may issue from any lawsuit arising from such claims and losses and
shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses
including appeals. The parties agree that ten percent (10%) of the total compensation is a specific
consideration from the City to the Contractor for this indemnity.
9. TERMINATION.
A. If, through any cause within the 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
Page 4 of 8
IRON SKY,INC.-CONTRACT NO.CI 112.073 ! L.
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
(i.) In the event of termination, all finished and unfinished documents, data, and other
work product prepared by Contractor shall be delivered to the City.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the
City for damages sustained by virtue of a breach of the Agreement by Contractor.
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 written
notice which shall become effective Ten (10) days following receipt by Contractor. The terms of
Paragraphs A(i) and(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.
10. NO ASSIGNMENT. The Contractor shall not subcontract, assign, or transfer any work
under this agreement without the prior written consent of the City.
11. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association. The
decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon
the award rendered by the arbitrator may be entered in any court having jurisdiction_ Arbitration
shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred
by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole,
each party shall be responsible for a portion of the costs of arbitration and their respective attorneys'
fees as may be determined by the court on confirmation.
12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the
Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person
or entity, other than in the discharge of the duties of the Contractor under this Agreement, any
information which the City designates in writing as "confidential." As a violation by the Contractor
of the provisions of this Section could cause irreparable injury to the City and there is no adequate
remedy at law for such violation, the City shall have the right, in addition to any other remedies
available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such
provisions.
13. NOTICES. All notices and other communications required or permitted to be given under
this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise
provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt
requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii)
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IRON SKY,INC.-CONTRACT NO.C1112-073
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. Rucso 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 Scott Frigaard
Contractor : Vice President, Sales
Iron Sky, Inc.
1773 Westborough Drive, Ste. 223
Katy, TX 77449
Tel: (703) 587-1166
14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
15. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of THREE(3)years.
16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11248 as amended by Executive Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment because of
race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
maritalfamilial 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.
Page 6 of 8
IRON SKY,INC.-CONTRACT NO CI112-073 -` ;_
17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the
Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by 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, direct or
indirectly which should 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. No member of, or delegate to the
Congress of the United States shall be admitted to any share or part of this agreement or to any
benefits arising therefrom.
18. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede
any other conflicting provisions that are contained in any other document, including but not limited
to any attachments hereto.
19. ENTIRE AGREEMENT. This Agreement together with the Contract Documents as
defined in Section 1.30 of Request for Proposal No. 12-09-01 contains the entire agreement of the
parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing
signed by the party against whom any such amendment, waiver, change, modification, extension
and/or rescission is sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
[Remainder of page intentionally left blank]
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IRON SKY,INC.-CONTRACT NO.C1112-073 ..
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WITNESS#1: IRON SKY, INC.
Signature BY: --ad` a
Sc. .•on* President
Print Name
WITNESS#2:
Signature
Print Name
ATTEST: CITY OF SUNNY ISLES BEACH
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BY: SLAY — BY: 4 1171' � /l
Jane . Ines, CMC, City Clerk No. an S. Edelcup, Mayor
APPRO a ' TO FORM AND
LEG C NCY
B
Ar• .dot, Ci Attorney
Page 8 of 8
IRON SKY,INC.•CONTRACT NO C1112-073 ��'
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Section 2
Spedal Terms and Conditions
2.1 PURPOSE OF BID•
The City of Sunny Isles Beach (the"Qty' intends to secure the services of a qualified contractor
to furnish and Install an AUTOMATED LICENSE PLATE RECOGNITION (ALPR) SYSTEM. It is the
Intent of this proposal document that all work shall result In compliance with the specifications
documents and all regulatory requirements applicable to such service.
2.2 pRE-BID CONFERENCE
Intentionally Omitted
2.3 TERM
Th is contract will commence on the first calendar day of the month succeeding approval of the
contract by the City Commission, or designee, unless otherwise stipulated In the Notice of Award
letter, which Is distributed by the Gays Purchasing Agent; and end upon the completion of
services.
2.4 OPTIONS TO RENEW
Intentionally Omitted
2.5 METHOD OF AWARD
See section 4
2.6 PRICE
Prices shall remain fixed and firm through the term of the contract
2.7 PERFORMANCE AND PAYMENT BOND
The City of Sunny Isles Beach shall require the successful Proposer to furnish a Performance and
Payment Bond In the amount of 100% of the total Proposal Price, with the City of Sunny Isles
Beach as the Obligee, as security for the faithful performance of the Contract and for the
payment of all persons performing labor or furnishing materials In connection herewith within ten
(10) calendar days after notification of the award by the City. The bonds shall be with a surety
company authorized to do business In the State of Ronda.
2.8 BID BOND
The City of Sunny Isles Beach shall require that every Proposer furnish a Bid Bond In the amount
of 5% of the total Proposal Rice.
City of Sunny Isles Beach I Request for Proposal No. 12-09-01
Attachment "B"
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2.9 DEL iVE Y
Intentionally Omitted
2.10 INSURANCE
Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must Include:
o Premises and Operation
o Independent Contractors
o Products and/or Completed Operations Hazard
o Broad Form Property Damaged
o Broad Form Contractual Coverage applicable to this specific Contract, including any hold
Harmless and/or indemnification agreement.
o Personal Injury Coverage with Employee and Conbactual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
o Errors and Omissions Liability
Business Automobile liability with minimum limits of One Million Dollars (1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
o Owned Vehicles;
o Hired and Non-Owned Vehicles;
o Employers'Non-Ownership.
Before starting the Work, the vendor will file and make sure that all certificates of
insurance required by this document and by the Contract are in the City's possession.
These certificates shall contain a provision that the coverage afforded under the policies
will not be canceled or materially changed until at least thirty (30) days prior written
notice has been given to the City by certified mall. The City shall be named as an
additional insured on the above-referenced policies.
The vendor agrees that If any part of the Work under the Contract is sublet, they will
require the Sub-vendor(s) to carry Insurance as required, and that they will require the
Sub- vendor(s) to furnish to them Insurance certificates similar to those required by the
City In this section.
City of Sunny Isles Beach I Request for Proposal No. 12-09-01
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2.10.1 Cancellation and Re-Insurance:
If any insurance should be canceled or changed by the insurance company or should any
Insurance expire during the period of this contract,the Contractor shall be responsible for
securing other acceptable Insurance to provide the coverage specified in this section to
maintain coverage during the life of this Contract. All deductibles must be declared by
the Contractor and must be approved by the City. At the option of the City, either the
Contractor shall eliminate or reduce such deductible or the Contractor shall procure a
Bond, in a form satisfactory to the City,covering the same.
2.11 ACCIDENT PREVENTION AND BARRICADES
Barricades, cones, construction fendng and temporary construction fencing, per City regulations
and other relevant requirements, shall be provided by the proposer when work is performed in
areas traversed by persons or when deemed necessary by the City Manager or his designee at no
extra cost to the City. Temporary construction fencing (chain link — 6' high) is required by the
Oty and such cost of placement shall be borne by the proposer for any work that requires
demolition and/or requires the containment of equipment or material or protection of work and
citizens. The fence shall be covered for dust control, shall have a windscreen, and/or a privacy
screen as directed by the City at the proposes sole cost.
Propose shall comply with regulations and permit requirements for the placement of the proper
fencing. Precautions shall be exercised at all times for the protection of persons and property.
All proposes performing services under this contract shall conform to all relevant OSHA, State
and City regulations during the course of such effort. Any fines levied by the above mentioned
authorities for failure to comply with these requirements shall be borne solely by the responsible
proposer.
2.12 MONTHLY INVOICES PAYMENTS
Cut-off date is the dose of the last business day of the month. Vendor shall submit by the 10th
day of the following month vendor's completed Statement of Services/Invoice. Should the 10th
fall on a weekend or holiday,Contractor shall submit his application on the next workday.
Vendor is advised that processing of invoices must follow this schedule,as the City has funding
requirements and other payment obligations which may prevent payment of late Statement of
Services for that month's billing cyde. A late Statement of Sevices with a recommendation for
payment will be paid In the next month's billing cyde.
2.13 MATERIALS SHALL ' EW ND W RRANTED AGAINST DEFECTS
The proposer hereby acknowledges and agrees that all materials, except where recycled content
is specifically requested, supplied by the proposer in conjunction with this solicitation and
resultant contract shall be new, warranted for their merchantability, and fit for a particular
purpose. In the event any of the materials supplied to the City by the proposer are found to be
defective or do not conform to specifications: (1) the materials may be returned to the propose
City of Sunny isles Beach !Request for Proposal No. 12-09-01
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at the proposer's expense and the contract cancelled or (2)the City may require the proposer to
replace the materials at the proposer's expense.
In the event that material Is suspected by the City Representative of being reused or not new In
original packaging, the material may be rejected. The Proposer shall remove such material and
replace It at his/her cost and within the original schedule. No provisions or allotments for delays
or time extensions to the schedule as a result of "defective", unacceptable material, or reused
material found shall be granted.
2.14 LABOR.I4ATERIALS—AND E• NT SHALL BE SUPPLIED BY THE PR• • • R
Unless otherwise provided in Section 3 of this solicitation the proposer shall furnish the following,
induding but not limited to, all labor, material, equipment, barricading, adequate supervision,
and coordination for satisfactory contract performance. When not spedflcaly identified In the
technical specifications, such materials and equipment shall be of a suitable type and grade for
the purpose. All material, workmanship, 100% design, testing and equipment shall be subject to
the inspection and approval of the City's Project Manager.
2.15 CJEAN-UP
All unusable materials and debris shall be removed from the premises at the end of each
workday, and dIsposed of in an appropriate manner. Upon final completion, the proposer shall
thoroughly dean up all areas where work has been involved as mutually agreed with the
associated user department's project manager.
2.16 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A
NOTICE TO PROCEED;
The proposer shall neither commence any work, nor enter a City work premise, until a written
Notice to Proceed (NTP) directing the proposer to proceed with the work has been received by
the proposer from any authorized City manager or his designee representative; provided
however,that such notification shall be superseded by any emergency work that may be required
In accordance with provisions induded elsewhere In this solicitation and resultant contract.
2.17 WARRANTY SHALL BE SUP• ED IN WRITTEN FORM
A. Type of Warranty Coverage Required
The propose shall provide a copy of its written warranty certificates with its Initial offer,
or upon request from the City. Failure to meet this requirement may result in the offer
being deemed non-responsive. The warranty supplied by the propose shall remain in
force for the full period identified by the proposer; regardless of whether the propose is
under contract with the City at the time of defect. Any payment by the City on behalf of
the goods or services received from the proposer does not constitute a waiver of these
warranty provisions. Proposer's warranties shall be 1 year from final completion shall
City of Sunny Isles Beach !Request for Proposal No. 12-09-01
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Include all delivery, labor, material, and equipment for the cormection, replacement,
reinstallation,and/or removal of defective and/or unacceptable work.
Warranties for specific components of the work shall be provided separately and on
fabricators or manufacturers original letterhead with original signatures.
B. Correcting Defects Covered Under Warranty
The proposer shall be responsible for promptly correcting any deficiency, at no cost to
the City, within seven (7) calendar days after the City notifies the proposer of such
deficiency in writing. If the proposer fails to satisfy the warranty within the period
specified In the notice, the Oty may (a) place the proposer in default of Its contract,
and/or(b) procure the products or services from another source and charge the proposer
for any additional costs that are incurred by the City for this work or items; either
through a credit memorandum or through involdng.
2.18 DEFICIENCIES WORK T• BE CORRECTED BY THE PRO • R
The proposer shall promptly correct all apparent and latent defidendes and/or defects in work,
and/or any work that falls to conform to the contract documents regardless of project completion
status. All corrections shall be made within seven (7) calendar days after such rejected defects,
deficiencies, and/or non-conformances are verbally reported to the proposer by the City's project
administrator, who may confirm all such verbal reports In writing. The proposer shall bear ALL
costs of correcting such rejected work If the proposer fails to correct the work within the period
specified, the City may, at its discretion, notify the proposer, In writing, that the proposer is
subject to contractual default provisions If the corrections are not completed to the satisfaction of
the City within seven (7) calendar days of receipt of the notice. If the proposer fails to correct
the work within the period specified In the notice, the City shall place the proposer In default.
2.19 FURNISH AND IMST REOUIREMENTS
The specifications and/or statement of work contained within this solicitation describe the various
functions and dasses of work required as necessary for the completion of the work. Any
omissions of Inherent technical functions or Basses of work within the specifications and/or
statement of work shall not relieve the proposer from furnishing, Installing or performing such
work where required to the satisfactory completion of the project.
2.20 FEDERAL AND STATE REGULATIONS
The successful Proposer shall comply with all federal, state and local rules.
2.21 LICENSES. PERMITS AND FEES
The proposer shall obtain and pay for all licenses, permits and Inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code requirements
applicable to the work contemplated herein. Damages, penalties and or fines imposed on the
City of Sunny Isles Beach I Request for Proposal No. 12-09-01
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City or the proposer for failure to obtain required licenses, permits or fines shall be borne by the
proposer.
2.22 LIOUIDATED DAMAGES FOR INCOMPLETE PROJECTS
Failure to complete the project in accordance with the specifications and to the satisfaction of the
City within the time stated shall cause the vendor to be subject to charges for liquidated
damages In the amount of $400.00 for each and every cakxdar day the work remains
incomplete. As compensation due the City for loss of use and for additional costs incurred by the
City due to such non-completion of the work, the City shall have the right to deduct the said
liquidated damages from any amount due, or that may become due to the vendor under this
agreement, or to invoke the vendor for such damages If the costs Incurred exceed the amount
due to the vendor.
2.23 WEEKLY PROGRESS REPORTS
The City shall require that the successful proposer provide weekly progress reports on the status
of the project.The report shall include at the minimum the following information;
• Background on the project itself
• Discussion of the achievements since last reporting
• Discussion of problems that have arisen
• Discussion of work that lies ahead
• Assessment of whether you will meet the objectives in the proposed schedule and
budget
END OF SECTION
City of Sunny Isles Beach I Request for Proposal No. 12-09-01
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S,3""Y the City of Sunny Isles Beach
of --
18070 Collins Avenue
u z
;Wan. Sunny Isles Beach, Florida 33160
4 F&. os.Qo C (305)947-0606 City Hall
?. or sus F+ (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Fred A. Maas, Chief of Police
Michael A. Grandinetti, Police Captain
DATE: 2/21/2013
RE: Approval to ratify the first amendment to the agreement with Iron
Sky, Inc. to install and maintain an Automatic License Plate
Recognition System (ALPR).
RECOMMENDATION:
It is recommended that the City Commission adopt the attached resolution to
ratify the First Amendment to the Agreement with Iron Sky, Inc. dated January
25, 2013, to install and maintain a citywide Automatic License Plate Recognition
System (ALPR).
REASONS:
The original RFP # 12-09-01 required that the awarded contractor provide a
Performance and Payment Bond for the full amount of the project. We have
agreed to waive the Performance and Payment Bond and amend the agreement
to state that the City shall pay the Contractor 90% of the total compensation
upon completion and acceptance of services. The remaining 10% of the total
compensation will be held by the city for up to six (6) month after acceptance for
a testing period.
ADDITIONAL INFORMATION:
All other terms and conditions of the original agreement between the City of
Sunny Isles Beach and Iron Sky, Inc. shall remain in full force and effect.
FUNDING SOURCE:
http://sibagenda.sibfl net/Agenda/Preview.aspx?ItemID=978&Meetingl D=0&MeetingDate... 2/14/2013
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COPS Technology Grant #2010CKWX0481 $ 86,809.14
DOJ Federal Forfeiture Fund # 60-521-5604 $ 120,308.01
ATTACHMENTS:
Resolution
First Amendment to Agreement
http://sibagenda.sibfl.net/Agenda/Preview.aspx?I teml D=978&Meetinel D=0&MeetingDate... 2/14/2013