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PSA with Dana Safety Supply, Inc 2ozi-81660 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DANA SAFETY SUPPLY, INC pp� jtoL� This Professional Services Agreement("Agreement")is entered into this t ) day of done 2021 ('Effective Date"),between the CITY OF MIAMI BEACH,FLORIDA,a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and DANA SAFETY SUPPLY, INC, a Florida Corporation, whose address is 3810 West Osborne Avenue, Tampa, Florida,33614("Contractor"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City.The City Manager's designee shall be the Chief of the Miami Beach Police Department. Contractor. For the purposes of this Agreement, Contractor shall be deemed to be an independent contractor,and not an agent or employee of the City. Services: All services,work and actions by the Contractor performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Contractor as compensation for Services. Proposal Documents:Proposal Documents shall mean City of Miami Beach Resolution No.2021- 31668 which authorized the City Manager and City Attorney to negotiate an agreement for the purchase of certain firearms and related accessories from Dana Safety Supply, Inc., together with all amendments thereto, Issued by the City in contemplation of this Agreement. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139;telephone number(305) 673-7000, Ext.6435;and fax number(305)673-7023. • 1 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide the work and services described in Exhibit"A"hereto(the"Services"). Although Contractor may be provided with a schedule of the available hours to provide its Services,the City shall not control nor have the right to control the hours of the Services performed by the Contractor,where the Services are performed (although the City will provide Contractor with the appropriate location to perform the Services);when the Services are performed,including how many days a week the Services are performed;how the Services are performed,or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Contractor shall be performed in accordance with the terms and conditions set forth in Exhibit"A"and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed,Contractor should contact the following person: Miami Beach Police Department Support Services Division-Training Unit Charles Weiss-Master Sergeant 305-673-7776 ext 5673 charlesweiss@miamibeachfl.gov 2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit"A"hereto. SECTION 3 TERM The term of this Agreement("Term") shall commence upon execution of this Agreement by all parties hereto(the Effective Date set forth on p. 1 hereof),and shall have an initial term of Five (5)years. SECTION 4 FEE 4.1 In consideration of the Services to be provided, City agrees to pay Contractor a fee, not to exceed the amount of$400,000,which shall be paid as described in Exhibit"A"hereto. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s)shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (arid referenced in the particular invoice). 2 Invoices shall include a detailed description of the Services (or portions thereof)provided, and shall be submitted to the City at the following address: Miami Beach Police Department Office of The Chief/Financial Management Unit Mauvett Rattigan, Public Safety Management/Budget Analyst 305-673-7776 ext 5873 mauvettrattigan@miamibeachfl.gov SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Contractor shall fail to fulfill in a timely manner,or otherwise violates,any of the covenants, agreements, or stipulations material to this Agreement,the City,through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause,the City shall notify the Contractor of its violation of the particular term(s)of this Agreement, and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten(10)days,the City may terminate this Agreement without further notice to Contractor. Upon termination, the City shall be fully discharged from any and all liabilities, duties,and terms arising out of, or by virtue of,this Agreement. Notwithstanding the above,the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion,shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys'fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN,AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION,THE CITY MANAGER,PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES,DUTIES,AND TERMS ARISING OUT OF,OR BY VIRTUE OF,THIS AGREEMENT. • 3 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Contractor agrees to indemnify,defend and hold harmless the City of Miami Beach and its officers, employees, agents,and contractors, from and against any and all actions (whether at law or in equity),claims,liabilities,losses,and expenses, including, but not limited to, attorneys'fees and costs,for personal,economic or bodily injury,wrongful death,loss of or damage to property,which may arise or be alleged to have arisen from the negligent acts,errors,omissions or other wrongful conduct of the Contractor, its officers, employees, agents, contractors, or any other person or entity acting under Contractor's control or supervision, in connection with,related to,or as a result of the Contractor's performance of the Services pursuant to this Agreement. To that extent, the Contractor shall pay all 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 the defense of such claims and losses,including appeals. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the Contractor's responsibility to indemnify,keep and save harmless and defend the City or its officers,employees, agents and instrumentalities as herein provided. The parties agree that one percent(1%)of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.3 The Contractor shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract,which could result in withholding of payments or termination of the Agreement. A. General Liability, in the amount of$1,000,000 combined single limit, for bodily injury and property damage. The City of Miami Beach must be endorsed as an Additional Insured as their interest may appear. 6.4 Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation)arising out of work or operations performed on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned,leased,hired or borrowed in the form of an endorsement to the Contractor's insurance. 4 6.5 Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. 6.6 Waiver of Subrogation — Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However,this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 6.7 Acceptability of Insurers—Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 6.8 Verification of Coverage—Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However,failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements,required by these specifications,at any time. CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O.Box 947 Murrieta,CA 92564 Kindly submit all certificates of insurance,endorsements,exemption letters to our servicing agent, EXIGIS,at: Certificates-miamibeach at riskworks.com 6.9 Special Risks or Circumstances•The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage,or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County,Florida.By entering into this Agreement,Contractor and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. 5 SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action,for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of$10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way Intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS;COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Contractor shall comply with all applicable laws, ordinances, and regulations of the City,Miami-Dade County,the State of Florida,and the federal government, as applicable. 9.3 PATENT RIGHTS;COPYRIGHT;CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes,data and findings,are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Contractor, without the prior written consent of the City Manager, excepting any information,records etc.which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City,and shall not be subject to any application for copyright or patent by or on behalf of the Contractor or its employees or 6 sub-Contractors,without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Contractor,and at any time during normal business hours(i.e.9AM—5PM,Monday through Fridays,excluding nationally recognized holidays),and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary,there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf,to audit,examine,and/or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Contractor shall maintain any and all such records at its place of business at the address set forth in the"Notices"section of this Agreement. 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may,on a random basis,perform reviews,audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions.in addition,the Inspector General has the power to subpoena witnesses,administer oaths,require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit,investigate,monitor,oversee,inspect and review operations,activities,performance and procurement process including but not limited to project design, bid specifications, (bid/proposal)submittals,activities of the Contractor, its officers,agents and employees, lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of the Contractor its officers, agents and employees, lobbyists, City staff and elected officials to ensure 7 compliance with the contract documents and to detect fraud and corruption. (D) The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Contractor shall make available at its office at all reasonable times the records, materials,and other evidence regarding the acquisition(bid preparation)and performance of this Agreement,for examination, audit, or reproduction, until three (3)years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: i. If this Agreement is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement;and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation,or claims are finally resolved. (F) The provisions in this section shall apply to the Contractor,its officers,agents,employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and alt other agreements executed by the Contractor in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities.The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 10.3 ASSIGNMENT.TRANSFER OR SUBCONSULTING Contractor shall not subcontract,assign,or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all,shall be in the Manager's sole judgment and discretion.Neither this Agreement,nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this section, and any attempt to make such assignment(unless approved)shall be void. 8 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR 7068,Sworn Statement under Section 287.133(3)(a)Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DISCRIMINATION in connection with the performance of the Services, the Contractor shall not exclude from participation in,deny the benefits of,or subject to discrimination anyone on the grounds of race, color,national origin,sex,age,disability, religion,income or family status. Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment,housing,public accommodations,and public services on account of actual or perceived race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation, marital and familial status, age,disability, ancestry, height, weight, domestic partner status,labor organization membership,familial situation,or political affiliation. 10.6 CONFLICT OF INTEREST Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code,as may be amended from time to time;and by the City of Miami Beach Charter and Code, as may be amended from time to time;both of which are incorporated by reference as if fully set forth herein. Contractor covenants that it presently has no interest and shall not acquire any interest,directly or indirectly,which could conflict in any manner or degree with the performance of the Services. Contractor further covenants that in the performance of this Agreement, Contractor shall not employ any person having any such interest.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. 10.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term"public records"shall have the meaning set forth in Section 119.011(12),which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes,if the Contractor meets the definition of''Contractor"as defined in Section 119.0701(1)(a),the Contractor shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within 9 a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement,the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City,upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS;NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records,the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractor's failure to comply with the City's request for records shall constitute a breach of this Agreement,and the City, at its sole discretion,may:(1)unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement;and/or(3)avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services,the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorneys'fees,if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time;and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request,including a statement that the Contractor has not complied with the request,to the City and to the Contractor. (2) A notice complies with subparagraph (1)(b)if it is sent to the City's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the City or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed,or certified mail,with postage or shipping paid by the sender and with evidence of delivery,which may be in an electronic format. (3) A Contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 10 (F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(a MIAMIBEACHFL.GOV PHONE: 305-673-7411 10.8 FORCE MAJEURE (A) A"Force Majeure"event is an event that(i) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation,and(iii)is not due to an intentional act, error, omission, or negligence of such party, and (Iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil•insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure,such party shall immediately,upon learning of the occurrence of the event or of the commencement of any such delay,but in any case within fifteen(15)business days thereof, provide notice:(i)of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement,(iv)of the anticipated period of the delay,and(v)of what course of action such party plans to take In order to mitigate the detrimental effects of the event.The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable,in whole or in part,by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are 11 only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event,causing the suspension of performance,shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein,in the event of a Force Majeure occurrence,the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement,and may take such action without regard to the notice requirements herein. Additionally, In the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Contractor of such termination. If the Agreement is terminated pursuant to this section, Contractor shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities,duties,and terms arising out of,or by virtue of,this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Contractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Contractor shall expressly require any subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Contractor enters into a contract with an approved subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Contractor has knowingly violated Section 448.09(1),Florida Statutes,the City shall terminate this Agreement with Contractor for cause,and the City shall thereafter have or owe no further obligation or liability to Contractor. (2) If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 10.9(A), but the Contractor otherwise complied with such subsection,the City will promptly notify the Contractor and order the Contractor to immediately terminate the Agreement with the subcontractor. Contractor's failure 12 to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate the Contractor's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Contractor or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection(B)(1)or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Contractor under the foregoing Subsection(B)(1),Contractor may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Contractor is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES Until changed by notice,in writing,all such notices and communications shall be addressed as follows: TO CONTRACTOR: Thomas Sabo-General Manager Dana Safety Supply Inc. 3810 West Osborne Ave. Tampa FL 33614 813-348-4866 Tsabo@danasafetysupply.com TO CITY: Chief Richard Clements City of Miami Beach Miami Beach Police Department 1700 Convention Center Drive Miami Beach, FL 33139 (305)673-7925 All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable,the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties,the language has been agreed to by parties to express their mutual intent and the resulting document shall not,solely as a matter of judicial construction,be construed more severely against one of the parties than the other. 12.5 ENTIRETY OF AGREEMENT The City and Contractor agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document.Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 14 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: . JI7 �) at_ Rafa2--g Granado,City Clerk •Ivna T. Hudak, City Manager C eS- Date: (.,/d-1 ArglA( I Richard Clements, Chief of Police FOR CONTRACTOR: '.IP!L'ORi' ORdTED; 'DANA SAFETY SUPPLY, INC ATTEST: •... �... ',4Cy`26; i ' 4 TN0mic6 5A04 GEM.14c, Print Name and Title Print Name and Title Date: 6N202( AS • G�" GE &F ' CITION t?arlipt Attorney -AL. ate 15 Sales Quote DANA SAFETY SUPPLY,INC 4809 ROGER BLVD GREENSBORO,NC 27407 Sales Quote No. 356669-C Telephone: 800.845-0405 Customer No. MIAMI Bill To Ship To MIAMI BEACH POLICE DEPT MIAMI BEACH POLICE DEPT 1100 WASHINGTON AVE 1100 WASHINGTON AVE • PURCHASING DEPARTMENT PURCHASING DEPARTMENT MIAMI BEACH,FL 33139 MIAMI BEACH,FL 33139 Contact:MAUVETT RATTIGAN Contact:MAUVETT RATTIGAN Telephone: 305-673-7776 X5854 Telephone: 305-673-7776 X5854 E-mail:mauvettrattigan@miamibeachfl.gov E-mail:mauvettrattiganQmiamibeachfl.gov Quote Date Ship Via F.O.B. Customer PO Number Payment Method 05/07/21 GROUND SHIPMENT FOB DESTINATION Net 30 Entered By Salesperson Ordered By Project Name Chris Debrita Christian Debrita-Tampa CHARLIE WEISS Order Approve Unit Extended Quantity Quantity Tax Item Number 1 Description Price Price 550 550 Y L320CA-9-BXR3-PRO 443.0000 243,650.00 SIG P320 9MM SEMI AUTO PISTOL,PRO 17RD MAG Warehouse:MIAM Vin 4: 550 550 Y 7360-75027-411 128.0000 70,400.00 SLD ALS LOCKING SYSTEM HOLSTER STX BLACK FINISH Warehouse:MIAM Vin#: LIGHT BEARING SIG P320 CARRY MODEL RIGHT HAND 550 550 Y SLI-69424 114.0000 62,700.00 TLR-7 A LOW-PROFILE,RAIL MOUNTED TACTICAL LIGHT Warehouse:MIAM Vin 4: 550 550 Y QUICK-KIT3 28.0000 15,400.00 SLD BLACK QLS KIT3-(1) QLS19&(2)QLS22 Warehouse:MIAM Vin 4: 30 30 Y L365XL-9-BXR3 425.0000 12,750.00 SIG SAUER P365XL 9MM PISTOL Warehouse:MIAM Vin 4: 5 5 Y L320F-9-BXR3-PRO 443.0000 2,215.00 SIG P320 9MM SEMI AUTO PISTOL,PRO FULL SIZE Warehouse:MIAM Vin#: 15 15 Y MISC 46.0000 690.00 COMP TAC EV2 365 XL HOLSTER Warehouse:MIAM Vin#: Print Date 06/04/21 Print Time 04:31:57 PM Page No. I Printed By.Chris Debrita EXHIBIT Continued on Next Page 'Aff 8 Sales Quote DANA SAFETY SUPPLY,INC 4809 KOGER BLVD GREENSBORO,NC 27407 Sales Quote No. 356669-C Telephone: 800.845-0405 Customer No. MIAMI Bill To [ Ship To MIAMI BEACH POLICE DEPT MIAMI BEACH POLICE DEPT 1100 WASHINGTON AVE 1100 WASHINGTON AVE • PURCHASING DEPARTMENT PURCHASING DEPARTMENT MIAMI BEACH,FL 33139 MIAMI BEACH,FL 33139 Contact:MAUVETT RATTIGAN Contact:MAUVETT RATTIGAN Telephone: 305-673-7776 X5854 Telephone: 305-673-7776 X5854 E-mail:mauvettrattigan@miarnibeachfl.gov E-mail:mauveurattigan@miamibeachfl.gov Quote Date_ Ship Via F.O.B. Customer PO Number Payment Method 05/07/21 GROUND SHIPMENT FOB DESTINATION Net 30 Entered By Salesperson Ordered By Project Name Chris Debrita Christian Debrita-Tampa CHARLIE WEISS Order Approve Unit Extended Tax Item Number/Description Quantity Quantity Price Price 49 49 Y 7378-7502-411 46.5000 2,278.50 SLD 7378 SIG P320C 9/40 X300U SAFSEV BLK RH Warehouse:MIAM Vin#: 550 550 Y MAG-MOD-F-9-21 38.0000 20,900.00 SIG 320 9MM FULL SIZE MAG 2I RDS Warehouse:MIAM Vin#: 30 30 Y MAG-365-9-15 38.0000 1,140.00 SIG SAUER P365/P365XL 15 RD MAGAZINE Warehouse:MIAM Vin#: 456 456 N GUN -150.0000 -68,400.00 M&P 40SW 1.0 FULL SIZE W/EMBLEMS Warehouse:MIAM Vin#: TRADE-IN • EMBLEMS WILL BE OBLITERATED ON NON BUYBACKS. TRADE VALUE WILL.INCREASE TO 275.05 ON CONFIRMED BUYBACKS 57 57 N GUN -185.0000 -10,545.00 M&P 40 SW 2.0 FULL SIZE W/O EMBLEMS Warehouse:MIAM Vin#: TRADE-IN TRADE VALUE WILL INCREASE TO 275.00 FOR CONFIRMED BUYBACK Print Date 06/04/21 Print Time 04:31:57 PM Page No. 2 Printed By:Chris Debrita Continued on Next Page • • Sales Quote DANA SAFETY SUPPLY,INC 4809 KOGER BLVD GREENSBORO,NC 27407 Sales Quote No. 356669-C Telephone: 800-845-0405 Customer No. MIAMI Bill To Ship To MIAMI BEACH POLICE DEPT MIAMI BEACH POLICE DEPT 1100 WASHINGTON AVE 1100 WASHINGTON AVE PURCHASING DEPARTMENT PURCHASING DEPARTMENT MIAMI BEACH,FL 33139 MIAMI BEACH,FL 33139 Contact:MAUVETT RATTIGAN Contact:MAUVETT RATTIGAN Telephone: 305-673-7776 X5854 Telephone: 305-673-7776 X5854 E-mail:mauvettrattigan@miamibeachfl.gov E-mail:mauvettrattigan@miamibeachfl.gov Quote Date Ship Via F.O.B. Customer PO Number Payment Method 05/07/21 GROUND SHIPMENT FOB DESTINATION Net 30 Entered By Salesperson Ordered By Project Name Chris Debrita Christian Debrita-Tampa CHARLIE WEISS Order Approve Unit Extended Quantity Quantity Tax Item Number/Description Price Price 31 31 N GUN -150.0000 -4,650.00 M&P 401.0 COMPACT W/EMBLEM Warehouse:MIAM Vin H: TRADE-IN TRADE VALUE WIL INCREASE TO-275.00 FOR CONFIRMED OFFICER BUYBACK. 6 6 N GUN -185.0000 -1,110.00 M&P 40 2.0 COMPACT W/O EMBLEM Warehouse:MIAM Vin H: • TRADE-IN TRADE VALUE WILL INCREASE TO 275.00 FOR CONFIRMED BUYBACK 12 12 N GUN -100.0000 -1,200.00 M&P 40 SHIELDS W/O EMBLEM Warehouse:MIAM Vin H: TRADE-IN PRICE WILL INCREASE TO 275.00 FOR CONFIRMED BUYBACK DANE SAFETY SUPPLY.INC varrann that all services will be perfomted and all goods delivered in a professional.Erst-class meaner m accordance with this Agreement and the standards prevailing in the industry.To this end,DANA SAFETY SUPPLY INC will be the provider for purchase of all replacemmt pans utd RMA repairs and will provide onsite snowy.assistance as requested by the Miami Beach Politic Deparaveat in radar to trouble shoot slues wehout additional consideration fora period of five(S)years from the date Vendor a crates Addend nn. The terns and condition of this Sales Quote and the City of Miami Beach Addendum attached hereto shall control. DANE SAFETY SUPPLY.INC CITY OF MIAMI BEACH,FLORIDA Print Date 06/04/21 Print Time 04:31:57 PM Page No. 3 Printed By:Chris Debrita Continued on Next Page Sales Quote DANA SAFETY SUPPLY,INC 4809 KOGER BLVD GREENSBORO,NC 27407 Saks Quote No. 356669-C Telephone: 800-845-0405 Customer No. MIAMI Bill To Ship To MIAMI BEACH POLICE DEPT MIAMI BEACH POLICE DEPT 1100 WASHINGTON AVE 1100 WASHINGTON AVE • PURCHASING DEPARTMENT PURCHASING DEPARTMENT MIAMI BEACH,FL 33139 MIAMI BEACH,FL 33139 Contact:MAUVETT RATTIGAN Contact:MAUVETT RATTIGAN Telephone: 305.673-7776 X5854 Telephone: 305-673-7776 X5854 E-mail:mauvettrattigan(a3miamibeachfl.gov E-mail:mauvettrattigan@miamibeachfl.gov Quote Date Ship Via F.O.B. Customer PO Number Payment Method 05/07/21 GROUND SHIPMENT FOB DESTINATION Net 30 Entered By Salesperson Ordered By Project Name Chris Debrita Christian Debrita-Tampa CHARLIE WEISS Order Approve Unit Extended Quantity Quantity Tax Item Number/Description Price Price Rickets'Clements,Chief of Police Name Daze Alma'Hudak.City Menegce Approved By: ❑ Approve All Items&Quantities Quote Good for 30 Days Print Date 06/04/21 Subtotal 346,218.50 Print Time 04:31:57 PM Freight 0.00 Page No. 4 Printed By:Chris Debrita Order Total 346,218.50 } Resolutions-C7 J MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, Interim City Manager DATE: April 29,2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE INTERIM CITY MANAGER,WAIVING BY 517TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, PURSUANT TO SECTION 2-367 OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AN AGREEMENT FOR THE PURCHASE OF SIG SAUER SERVICE FIREARMS AND RELATED ACCESSORIES FROM DANA SAFETY SUPPLY, INC., FOR THE PURPOSE OF STANDARDIZING SIG SAUER BRAND WEAPONS FOR THE POLICE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED THE ANNUAL AMOUNT BUDGETED THROUGH THE CITY'S BUDGETING PROCESS,AND FOR A TERM NOT TO EXCEED FIVE (5)YEARS;AND FURTHER AUTHORIZING THE TRADE-IN OF THE POLICE DEPARTMENT'S CURRENT SERVICE FIREARMS TO DANA SAFETY SUPPLY, INC., WHEREIN THE TOTAL REPLACEMENT COST SHALL NOT EXCEED$400,000. BACKGROUND/HISTORY In 2011,the Miami Beach Police Department(MBPD)converted to the Smith and Wesson M&P.40 caliber as the standard duty issued sidearm after an extensive review of available firearms and ammanitlon. As technology and tactics have evolved,a new study was necessary to ensure that the Department is keeping up with national training and equipment trends. Through this latest round of extensive review, the MBPD Firearms/Training section has determined that the Department should transition to the Sig Sauer P320 X-Carry Pro chambered In 9nrn. ANALYSIS Why switch firearms? Along with the mechanical improvements over the currently issued firearm, the switch makes financial sense for the following reasons: 1. Current state of Issued duty weapons: According to manufacturer recommendations, MBPD has reached the service lifespan where each departmentally owned service weapon receives a complete overhaul. Based on the maintenance schedule,the following parts would Page 238 of 538 need to be replaced on every single fireamt trigger pin, striker assembly, trigger bar, striker block, sear housing block assembly, takedown lever retainer, extractor pin, barrel, extractor spring, trigger pin, locking block pin,striker block spring spacer,extractor, recoil guide rod and potentially the front and rear sights. The cost for these parts,not including man hours spent to conduct the service would be $345.80 per firearm - a cost to the City of approximately $250.000. 2. Savings in ammunitlon/maintenance costs: Based on the latest FBI projectile performance review, the 9mm not only outperforms the .40 cal, but also does it at a cost savings.MBPD will save an average of$25,000.00 a year(a five-year projection of$125,000) for training and duty ammunition. At an additional cost,firearms chambered in .40 cal need to be repaired more often due to the over pressured round. 3. Cost of preparing firearms for red dot sights: As studies continue, more agencies are moving towards having red dot sights mounted on firearms due to increased accuracy. The proposed firearm will already come pre-rrtilled to accept the technology. Milling out current firearms well come ata cost of approximately$200.00 per firearm(a total cost to the dty of $120,000.00)and cause the officer to be without a firearm for the time it takes to carry out the update. 4. Current Holster and Weapon Mounted Lights have been discontinued/banned: The current holster and lights issued have been discontinued. Additionally, the holster itself has been banned from usage in agencies including Florida Department of Law Enforcement, City of Miami Police Department, and the Los Angeles Police Department,citing safety concerns. With the need to purchase new holsters and lights for the entire agency, it makes sense to purchase holsters and lights that will prepare the agency and save money long term. Why the Sig Sauer P320 X-Cany Pro 9mm? 1. The Sig Sauer P320 X-Carry Pro is a modular firearm that allows for proper grip sizing for every officer. The proper grip ensures proper presentation and assists in proper finger placement on the trigger to improve accuracy. 2. The Sig Sauer P320 X-Carry Pro has been selected by all the branches of the U.S. military which ensures that there will always be parts and accessories at competitive prices to ensure serviceability for years to come. 3. The Sig Sauer P320 has a revolutionary design using a replaceable fire control system. The agency can purchase one firearm and a different grip module and essentially have two different firearms. This allows for mission specific builds ideal for tactical teams such as SWAT and K9. 4. The X-Cany size eliminates the need for the agency to purchase a compact firearm for detectives and administrative personnel(approximately 60 firearms). This alone saves the agency nearly$30,000.00 What Other Firearms Were Evaluated? 1. Beretta APX 9mm 2. Glock 19 9mm 3. Smith and Wesson M&P 9mm • 4. Sig Sauer P226 9mrn SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION Page 239 of 538 With the ability for officers to purchase their currently Issued firearms and the budgetary funds already set aside for the firearms range for yearly expenditures, the change will be of no additional cost to the City,and will result in a projected five-year cost projected savings of $550,000.00. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.Q. to Know"item.pursuant to Bond Funds? City Code Section 2-14? Yes No • Strategic Connection Neighborhoods-Prevent and solve crime for residents and visitors. Legislative Tracking Police Sponsor Commissioners Mark Samuelian and RickyArriola ATTACHMENTS: Description o Resolution Page 240 of 538 RESOLUTION NO. 2021-31668 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE INTERIM CITY MANAGER, WAIVING BY 5RTHS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, PURSUANT TO SECTION 2-367 OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AN AGREEMENT FOR THE PURCHASE OF SIG SAUER SERVICE FIREARMS AND RELATED ACCESSORIES FROM DANA SAFETY SUPPLY, INC., FOR THE PURPOSE OF STANDARDIZING SIG SAUER BRAND WEAPONS FOR THE POLICE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED THE ANNUAL AMOUNT BUDGETED THROUGH THE CITY'S BUDGETING PROCESS,AND FOR A TERM NOT TO EXCEED FIVE (5) YEARS; AND FURTHER AUTHORIZING THE TRADE-1N OF THE POLICE DEPARTMENT'S CURRENT SERVICE FIREARMS TO DANA SAFETY SUPPLY, INC., WHEREIN THE TOTAL REPLACEMENT COST SHALL NOT EXCEED$400,000. WHEREAS, the City of Miami Beach Police Department (the "Police Department") currently has 550 Smith and Wesson M&P.40 caliber service firearms in use by its police officers; and WHEREAS, the Police Department and its officers have utilized the Smith and Wesson M&P.40 caliber weapons since 2011; and WHEREAS, such Smith and Wesson M&P firearms are at the end of their service life, which shall require additional costs totaling approximately $117,315.00 (550 firearms at $213.30/each)to replace most of each individual firearm's internal mechanical parts;and WHEREAS,the 9mm round(projectile/bullet)has become the national standard for police departments and Federal agencies since 2014, and has proven to be more accurate than .40 caliber rounds due to less recoil of the firearm upon discharge;and WHEREAS, the 9mm rounds are also less expensive than .40 caliber rounds and, in addition, firearms which utilize 9mm rounds typically require less maintenance costs than those firearms that utilize.40 caliber rounds;and WHEREAS, the Police Department has tested and evaluated the Sig Sauer P320 and P365 firearms through stress tests,shooting courses and fit tests; and WHEREAS, the Police Department has also researched the extensive testing, findings and results of the Department of Defense,which ultimately purchased 421,000 Sig Sauer P320 firearms for various armed service branches of the United States government;and WHEREAS, the Sig Sauer P320 firearm provides a modular system that allows for the proper fitting of such firearm to each individual police officer, which provides enhanced tactical necessity;and WHEREAS,Sig Sauer weapons have been manufactured in the United States since 1985; and WHEREAS, Sig Sauer Sells its firearms directly to the public, however, Dana Safety Supply,Inc.is the only authorized major warehousing distributor of Sig Sauer firearms in the State of Florida;and WHEREAS, the Police Department has obtained price quotations from Sig Sauer and Dana Safety Supply, Inc.for the purchase of Sig Sauer P320 service weapons;and WHEREAS, those price quotations provided to the Police Department by Sig Sauer and Dana Safety Supply, Inc.are nearly identical,however,Dana Safety Supply, Inc.is a local vendor (with locations throughout the country,including Pompano Beach, Florida)that can provide faster response time,fair trade-in value for the Police Department's current Smith and Wesson M&P.40 caliber service weapons,and can also be°on-site"to assist the Police Department and its officers in the transition to the new Sig Sauer firearms;and WHEREAS, since Dana Safety Supply, Inc. is located locally in South Florida, Dana Safety Supply,Inc.can readily accept(and provide)trade-in value for the 550 Smith and Wesson M&P .40 caliber firearms presently utilized by the Police Department without the risk (and associated cost) of shipping such firearms to another State (as Federal law mandates that firearms shall only be shipped via next day service with United Parcel Service);and WHEREAS, based upon the foregoing, the City Administration believes it to be in the City's best interest to purchase such Sig Sauer service weapons for its Police Department from Dana Safety Supply,Inc.;and WHEREAS, the City Administration requests that the Mayor and City Commission authorize the City Manager and City Attorney to negotiate and execute an agreement with Dana . Safety Supply, Inc.,with a term that shall not exceed five(5)years,for the purchase of Sig Sauer service weapons and related accessories for the Police Department, in the total amount not to exceed $400,000 which is within the annual amount approved through the City's budgeting process. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA,that the Mayor and City Commission hereby accept the recommendation of the Interim City Manager and waive, by 5/7ths vote, the formal competitive bidding requirement, pursuant to Section 2-367 of the City Code,finding such waiver to be in the best interest of the City, and authorizing the City Manager and City Attorney to negotiate an agreement for the purchase of Sig Sauer service firearms and related accessories from Dana Safety Supply, Inc.,for the purpose of standardizing Sig Sauer brand weapons for the Police Department, in an amount not to exceed the annual amount budgeted through the City's budgeting process, and for a term not to exceed five(5)years; and further authorizing the trade- in of the Police Department's current service firearms to Dana Safety Supply, Inc.,wherein the total replacement cost shall not exceed$400,000. PASSED and ADOPTED this.,27_ k day of_ n/_, 2021. ATTEST-w Dan Gelber,Mayor Rafa E. Granado, i Cleric \ 4 a APPROVED AS TO • a ;►:,-� 1 FORM&,LANGUAGE • I 1.1o41oa;=eu: I &'FOR EXECUTION • • City Attorney kr. Date