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Agreement with Stageright Corporation
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND STAGERIGHT CORPORATION FOR THE PURCHASE OF STAGE EQUIPMENT FOR THE MIAMI BEACH CONVENTION CENTER This Agreement ( "Agreement ") is entered into this 7 day of r , 2018, 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 ( "City "), and STAGERIGHT CORPORATION, a Michigan corporation, authorized to do business in Florida, whose address is 495 Pioneer Parkway, Clare, MI. 48617 ( "Contractor "). Agreement: SECTION 1 DEFINITIONS This Agreement between the City and Contractor, including any exhibits and amendments thereto. The City is authorized to enter into this Agreement pursuant to Resolution No. 2018- 30268. 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 Kathie Brooks, Assistant City Manager. Contractor: Service(s): Fee: Risk Manager: For the purposes of this Agreement, Contractor shall be deemed to be an independent contractor, and not an agent or employee of the City. All service(s), work and actions by the Contractor performed or undertaken pursuant to the Agreement. Amount paid to the Contractor as compensation for Service(s). 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 SERVICE(SI The Contractor will sell to the City stage equipment (collectively, "Products "), and provide related services including, without limitation, performance of repairs (the "Service(s) "), on an "as needed" basis, as determined and requested by the City pursuant to a written purchase order (a "Purchase Order "), pursuant to the terms of this Agreement. 2.1 PURCHASE ORDER ACCEPTANCE: Unless otherwise agreed between Contractor and the City, the Purchase Order shall be deemed accepted by Contractor upon Contractor's written confirmation to the City or by the furnishing of the Products or Services specified in the Order. Either of the foregoing shall constitute Contractor's acknowledgment of the Purchase Order (the "Order Acknowledgement "). 2.2 PRODUCT CONTENT AND SPECIFICATIONS OF PRODUCTS: Contractor agrees to provide the City with the Product content and specification information for all Products purchased by the City from Contractor. SECTION 3 FEES 3.1 The City shall issue a purchase order for the items and costs indicated in Exhibit A (initial order). The City may issue additional purchase orders for Stageright equipment. The sum of the initial order and all additional purchase orders shall not to exceed $600,000. 3.2 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty -five (45) days of the product(s) and /or Service(s) satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Product(s) and /or Service(s) (or portions thereof) provided, and shall be submitted to the City at the following address: Accounts Payable Division Finance Department City of Miami Beach 1700 Convention Center Drive, 3rd Floor Miami Beach, FL. 33139 Invoices not containing a Purchase Order Number (PO No.), or containing an incorrect PO No. shall not be approved for payment. SECTION 4 TERM The term of this Agreement (Term) shall commence upon the issuance of the purchase order and shall remain in effect until such time as all items purchased, have been delivered and accepted by the City's authorized representative and upon completion of the expressed and /or implied warranty periods. 2 SECTION 5 INDEMNIFICATION AND INSURANCE REQUIREMENTS 5.1 INDEMNIFICATION: Contractor agrees to indemnify 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 (including copyright, patent or trademark infringement 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 Service(s) pursuant to this Agreement, but in each case only to the extent of the negligence or misconduct of the Contractor or any other person or entity acting under Contractor's control or supervision. 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 Service(s) under this Agreement is the specific consideration from the City to the Contractor for the Contractor's indemnity agreement. The provisions of this Section 5 and of this indemnification shall survive termination or expiration of this Agreement. City and Contractor waive against each other, and against the other's officers, directors, members, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential damages arising out of, resulting from, or related to the Agreement. 5.2 INSURANCE REQUIREMENTS: The Contractor shall maintain and carry in full force during the Term, the following insurance: A. General Liability /Public liability coverage including products completed operations, blanket contractual liability, bodily injury and property damage, and automobile coverage (bodily injury and property damage) shall be maintained each with minimum limits of USO 1 million ($1,000,000); B. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes, including Employer's liability with a limit of USO 1 million ($1,000,000) unless a higher limit is specified in the Order. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B +" as to management and not less than "Class VI" as to strength by the latest edition of Best's 3 Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Contractor's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and /or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Contractor specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Contractor is also solely responsible for obtaining and submitting all insurance certificates for any sub - contractors. Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and obligations under this Section or under any other portion of this Agreement. The Contractor shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 6 LITIGATION JURISDICTION/ VENUE/ JURY TRIAL WAIVEF 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. SECTION 7 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 Ten Thousand and 00/100 ($10,000) Dollars. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damages from any action for breach of contract to be limited to a maximum amount of Ten Thousand and 00/100 ($10,000) Dollars. 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 Ten Thousand and 00/100 ($10,000) Dollars 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 4 waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. Notwithstanding the foregoing, the City shall be liable for, and the Contractor may bring an action to recover, all amounts due for products and services provided by Contractor and satisfactorily performed and accepted by the City pursuant to this agreement. SECTION 8 DUTY OF CARE With respect to the performance of the work and /or service(s) 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 Service(s). SECTION 9 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and /or service(s), 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, and as may be amended from time to time. SECTION 10 GENERAL PROVISIONS 10.1 PUBLIC ENTITY CRIMES: Prior to commencement of the Service(s), 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 10.2 NO DISCRIMINATION: Contractor hereby agrees to comply with City of Miami Beach Human Rights Ordinance, as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, or public services, on the basis of actual or perceived race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, familial and marital status, age, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, political affiliation, ordisability. 10.3 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 Service(s). 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 there from. 5 SECTION 11 TERMINATION OF AGREEMENT 11.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the products, services and /or the project; the City may terminate this Agreement without further liability to the City. 11.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Contractor, in the event that the Contractor (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the services or any portion thereof; or (3) does not perform the services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Contractor shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). In the event of a termination for cause, 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 right and remedies against Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 11.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining services and complete them by contracting with another Contractor(s), or otherwise. The Contractor shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the services, and the cost of completion of such services had the Agreement not been terminated. 11.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Contractor, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Contractor shall be compensated for Contractor's actual cost of work and materials, applicable solely to the Order and consistent with agreed Order commitments, if any, of the City for raw material, work in process and furnished products materials, which shall have been expended when notice of cancellation shall be received by Contractor. Upon payment of any amount which may be due to Contractor pursuant this subsection 11.3, the City shall have no further liability to Contractor. 11.4 TERMINATION FOR INSOLVENCY: If prior to delivery, Contractor is placed either in voluntary or involuntary bankruptcy, the City may terminate the Order immediately by sending Contractor written notice and the rights and obligations of the parties shall be the same as provided in Section 11.3. 6 11.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Contractor shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the City Manager's designee; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all project documents (for delivery to the City Manager's designee). SECTION 12 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: TO CITY: StageRight Corporation 495 Pioneer Parkway Clare, MI 48617 Attn: Matt Widenmier, Regional Sales Manager City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Jimmy L. Morales With a Copy to: Tourism, Culture and Economic Development Department City of Miami Beach 1755 Meridian Ave., 5th Floor Miami Beach, FL 33139 Attn: Eva Silverstein, Director Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. 7 SECTION 13 WARRANTIES 13.1 INTELLECTUAL PROPERTY WARRANTY: Contractor warrants that the use of the Products by the City or its employees, agents, representatives and contractors does not entail any infringement of patent, copyright, design, trademark or similar right. Contractor shall defend, hold harmless and indemnify the City, its successors and assigns (whether direct or indirect), against any and all losses, damages and expenses of any nature (including attorney's and other professional fees) which they, or any of them, may sustain or incur as a result of breach, except such indemnity does not apply if the infringement or violation arises from or is based upon Contractor's compliance with particular requirements of the City that differ from Contractor's standard specifications for the Product. If notified in writing, Contractor shall undertake at its expense the defense of any such suit or proceeding and save the City harmless from any expenses, loss or damage arising therefrom. Further, if an infringement claim is made against the City, the City may without prejudice to its rights herein also request at its discretion and at the City's expense and risk that Contractor (i) procures for the City the right to continue using the Product(s) or using the results of the service, (ii) modifies the Products or the results of the service so that they cease to be infringing or (iii) replaces the Products or re- performs the service so that they become non- infringing; provided always that the modified or replaced Products or services do not detract from agreed functionality. 13.2 Contractor warrants that the products or services (or both) conform in all respects to any expressed warranties made by Contractor to the City are (i) free from defects in title, labor, materials, services, manufacture and or design, (ii) conform to the applicable specifications, drawing, and standards of quality and performance, (iii) comply with all governmental requirements that may apply to the design, production, sale or distribution of the products, (iv) are new and unused at the date of delivery and fit for the purposes for which purchased by the City; and (v) the Services, if any, will be performed with all appropriate skill and care in accordance with industry best practice and in compliance with all governmental requirements that apply to the Services. Contractor's acceptance or use of or payment for the products or Services shall not diminish Contractor's obligations under this warranty. 13.3 Warranty period (i) for Products is twenty -four (24) months from the date of delivery to the City, and (ii) for Services is twenty -four (24) months from the date of City's acceptance thereof; unless otherwise agreed between the parties and set forth on the face of the Order. 13.4 If the Products or Services do not conform with the above warranties ( "Non- conforming Products or Services "), Contractor agrees, at the City's option, to any of these remedies; (i) repair or replace Non-Conforming Products or re- perform the Non - Conforming Services within 48 hours, or (ii) issue a credit note for the corresponding amount or refund the purchase price or (iii) exercise any other applicable rights or remedies, including the purchase of substitute Product or Service. If the product is repaired or replaced or a Service is re- performed, the warranty period shall restart. Co n tractor shall also be responsible to pay for or reimburse the City for all defective product costs, including but not limited to; labor (direct and indirect) and materials, (I) to return, store or dispose any Non- Conforming Products, (ii) to inspect, evaluate and /or disassemble any Non - Conforming Products wherever located, (iii) to transport and install 8 replacement Product, (iv) to repair and re -work Non - Conforming Product if Contractor is unable to repair or replace the same to meet the City's time and quantity needs, (v) to perform value -add activities prior to discovery of the defect/Non- conformity, (vi) an administrative fee of equivalent to USO three hundred ($300) per claim. The foregoing remedies are cumulative and are not exclusive of any rights and remedies at law or inequity. SECTION 14 MISCELLANEOUS PROVISIONS 14.1 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. 14.2 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. 14.3 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. SECTION 15 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. Records made or received in connection with this Agreement are public records under Florida law, as defined in Section 119.011(12), Florida Statutes. (B) Pursuant to Section 119.0701 of the Florida Statutes, the Contractor shall: (1) Keep and maintain public records re-GO-red 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 a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; 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 9 (3) 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. (C) 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. (D) CIVIL ACTION. (1) If a civil action is filed against 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 attorney 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. (E) 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: 10 CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E -MAIL: RAFAELGRANADO(EDMIAMIBEACHFLGOV PHONE: 305 -673 -7411 [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 11 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: ATTEST: By: CITY OF MIAMI BEACH, FLORIDA City lerk Date: FOR CONTRACTOR: ATTEST: By C '"' ..etV Seery- 1.),v Print Name *1\ / C:,<;-"' 12 Mayor ERIGHT CORPORATION Print Name / Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Atto ey 47)0( Date EX1 I TA STAGERIGHT 495 Pioneer Parkway - Clare, MI 48617 Phone: 800-438-4499 Fax: 989-386-3500 www.stageright.com QUOTE #: Q- 127904 For Angelo Grande Facility: Miami Beach Convention Center Address: 1901 Convention Center Dr Miami Beach, Florida 33139 Fax: (305) 673-7435 Phone #: (786) 276-2608 Email: angelo _grande @comcastspectacor.com Subject: Miami Beach Convention Center - Performance Stage and Meeting Room Risers By: Matt Widenmier Regional Sales Manager StageRight Corporation Fax: (989) 386 -3500 Phone #: (800) 438-4499 Email: mwidenmier @stageright.com Date: 05/16/2018 Lquiprnent List Part Number Custom 319348 305216 390503 390502 360046 Qty 300.0 48.0 40.0 124.0 6,0 330083 40,0 320106 321442 321468 321339 322248 322238 6.0 44.0 40.0 40.0 6.0 11.0 Description Deck, 4'x8', Reversible with Black TechStage 0.095" /Ground Pepper Carpet Surfaces ME -3750, 8' x 12' x 48 " -78" w/ R.L.A.'s FR -2402 Fold & Roll Riser, 6'x8', 24 " -32" Adjustable Height with Gray Carpet Surface Guardrail, 8' x 42" Universal Guardrail, 6'x42" Universal Guardrail, 4'x42" Universal Stair - Tilt & Tote 3 Step, 24 " -32" Stair - EZ Lift 48 " -78" 8 Step Skirt, 8' x 48 " -78" Black Velour, Clip Attachment Skirt, 8' x 24 " -32" Black Janus, Velcro Attachment Skirt, 6'x24 " -32" Black Janus, Velcro Attachment 457.00 2,559.00 1,340,00 196.00 189,00 188.00 371,00 1,392.00 204.00 108.00 Skirt, 4'x48 " -78 ", Black Velour Fabric, Clip Attachment ransport, Guardrail Universal (36 - 4' or 20 - 6' to 8' Guardrails) 15.0 6,0 ransport, Pallet, 4'x8' Steel, with Straps (20) ransport, Drapery 96.00 138.00 830.00 393.00 510,00 Amount 137,100.00 122,832,00 53,600.00 24,304.00 15,120.00 1,128.00 14,840.00 8,352.00 8,976.00 4,320.00 3,840,00 828,00 9,130,00 5,895,00 3,060.00 MEM Tax: S & H: Total: 26,250,00. 439,575.00 Terms and Conditions: Within five business days from receipt of order, an order acknowledgement will be sent to confirm your order and provide a scheduled ship date. It will also contain important Information regarding the processing and delivery of your order, Contact StageRight Immediately if you do not receive your order confirmation. Lead time Is estimated and varies based on manufacturing capacity. Actual ship data will be determined at placement of order. Shipping rates are subject to change. Quote Valid Until: 06/15/2018 Lead Time: Estimated 60 -90 Days ARO (To be confirmed at time of order) Credit Terms: 30DN N30 Warranty: Two (2) Years Freight Terms: FOB Destination Quoted Price Does NOT include any State and /or Local Taxes Quoted Price Does NOT Include Off Loading OP Inside Delivery Quoted Price Includes Shipping MIAMI BEACH Resolutions - C7 X COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission . FROM: Jimmy L. Morales, City Manager DATE: April 11, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5 /7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF STAGERIGHT EQUIPMENT FROM STAGERIGHT CORPORATION, TO SUPPLEMENT THE EXISTING INVENTORY OF STAGE EQUIPMENT AT THE MIAMI BEACH CONVENTION CENTER, IN AN AMOUNT NOT TO EXCEED $600,000.00.; FURTHER, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH STAGERIGHT CORPORATION; AND FURTHER - AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION Approve the Resolution. ANALYSIS On July 2, 2003, the City of Miami each Mayor and Commission awarded a contract, pursuant to invitation to Bid (ITB). 17- 02/03, to Stageright Corporation, the lowest responsive and responsible bidder to the ITB, for the replacement of the performance stage and riser equipment at the Miami Beach Convention Center (MBCC). Since the award, MBCC has been successfully utilizing Stageright's stage equipment to configure the stages to meet the needs of its clients at the various events hosted at the center, The convention center manager, Spectra, has found the Stageright equipment to be reliable, maneuverable, free of defects, and easy to install, With the expansion and addition of multiple usable spaces at the Miami Beach Convention Center, the .center will need to expand its current inventory of stage equipment. The current Inventory is significant and includes the following items: • eighty -eight (88) 4' x 8' stage decks, sixteen (16) stage supports, five (5) 4' rails, twenty -two (22) 8' rails, four (4) 8' stairs, • two (2) folding /adjustable stairs, • twenty -four (24) black skirting 6'8' and • .(120)portable stages 6'x 8', Spectra has notified the Administration that in to serve the needs of the expanded center, the 714 following equipment will be necessary to supplement the current inventory: approximately forty (40) 6' x 8' portable stages, approximately three hundred (300) black skirting for portable stages, approximately one (1) 60' x 40' performance stage (includes sound wings, rails, stairs, carts, etc), and approximately one (1) black skirting for performance stage. Spectra also recommends that the City continue to purchase Stageright Corporation brand stage equipment as it is durable, easy to install and Its staff is well versed in the Installation of the interlocking units. Continuing to utilize the Stageright brand will allow for interchangeability of parts and equipment, increase the operational design and flexibility of the center, as well as reduce costs associated with Introducing another stage system to what is already in place. Stageright has informed the City that it is the sole manufacturer and seller of its staging equipment (see Exhibit A), The Stageright stage system is based on a proprietary design of interchangeable pieces that are only suitable for its manufactured components. Hence, Stageright's equipment will not be compatible and cannot be installed alongside other provider's stage equipment as each system in the market has its own unique interlocking systems that minimize the potential for trips and falls. To competitively procure the necessary stage equipment from alternate manufacturers, the center would need to discard its current inventory. Aside from the added costs, the center will need to invest tirne and funding to re-train stiff on a new system with respect to installation, safety, and stage configurations. Furthermore, since the systems will not likely be compatible, having inventory from various manufacturers would impact the coordination, organization, flexibility of scheduling, ease of installation, and configurability of the events hosted at MBCC which require this stage equipment. Since, Stageright is the only authorized reseller of its product and has a direct purchase policy, the City will not be successful In soliciting competitive bids for its performance stage equipment. Therefore, the Administration finds that it is in the City's best interest to procure the additional stage equipment, which amount to less than fifty (50) percent of the current inventory, from Stageright, The Center currently has 120 units of 6x8 Stage Right staging that were bought in 2002 that are still in good shape. The Stageright product is extremely durable and the useful life of these units can exceed 25 years if properly taken care of. This item is to add additional inventory to allow the Center to service multiple events in the MBCC at the same time. With the addition of the 2 new Ballrooms, we expect this to be a frequent occurrence. By keeping the existing units in inventory, the City will save almost $450,0.00 towards FF &E. The purpose of this item is to seek the City Commissiohs approval to waive the competitive bidding requirements of the City and authorize the Administration to purchase the additional stage equipment to supplement what is currently in place from Stageright Corporation. CONCLUSION Based on the foregoing, the City Manager recommends that the Mayor and City Commission hereby accept the recommendation of the City Manager and waive, by 5 /7ths vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorize the Administration to purchase additional stage equipment from Stageright Corporation to supplement the existing inventory at the Miami Beach Convention Center. 715 Legislative Tracking Tourism, Culture and Economic Development/Procurement ATTACHMENTS Description D ExhibitA o Resolution 716 EXHIBIT A STAG�g� /RIGHT 495 PlON>~E P PARKWAY CLARE, M1 48617 800 488.4499 March 12, 2018 Zuleika Davidson City of Miami Beach lvtiami Beach, FL 33139 Dear Zuleika, Please let this serve as StageRight Corporation's verification Letter that StageRight Corporation is the sole manufacturer and seller of its staging and risen products. The StageRight system is based on a proprietary design of interchangeable pieces that are only suitable for StageRight manufactured components. If you have any questions, please feel free to call me at 989- 430 -4967. Sincerely,, Matt Widenrnier StageRight Corporation — Regional Sales Manager Ph: 9 &9- 430 -4967 Fax: 989- 386 -350.0 E- Mail: mwidenmier ©stageright.com 717 RESOLUTION NO. 2018-30268 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5 /7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF STAGERIGHT EQUIPMENT FROM STAGERIGHT CORPORATION, TO SUPPLEMENT THE EXISTING INVENTORY OF STAGE EQUIPMENT AT THE MIAMI BEACH CONVENTION CENTER, IN AN AMOUNT NOT TO EXCEED $600,000.00; FURTHER, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH STAGERIGHT CORPORATION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on July 2, 2003, the Mayor and City Commission awarded a competitively procured "contract to Stageright Corporation ( "Stageright "), the lowest responsive and responsible bidder, pursuant to Invitation to Bid (ITB) 17;02/03, for the replacement of the performance stage and riser equipment at the Miami Beach Convention Center ( "MBCC '); and WHEREAS, since 2003, the performance stage equipment provided by Stageright has proven to be reliable, maneuverable, and easy to install; and WHEREAS, the Stageright equipment is not compatible and cannot be installed alongside equipment of other manufacturers, as there is no other system in the market that allows the equipment to interlock without creating a trip or safety hazard; and WHEREAS, with the expansion of the MBCC, the MBCC anticipates that additional stage equipment will be necessary in order to serve its clients; and WHEREAS, in order to accommodate MBCC client needs, the MBCC seeks to increase its inventory of stage equipment, which currently consists of • eighty - eight (88) 4' x 8' stage decks; sixteen (16) stage supports; • five (5) 4' rails; • twenty -two (22) 8' rails; • four (4) 8' stairs; • two (2) folding /adjustable stairs;. • twenty -four (24) black skirting 6'8'; and • (120) portable stages 6'x 8'; and WHEREAS, MBCC seeks to purchase additional equipment as follows, which amounts to less than fifty percent (50 %) of the MBCC's current inventory: • approximately forty (40) 6' x 8' portable stages;. • approximately three hundred (300) black skirting for portable stages; approximately one (1) 60' x 40' performance stage (includes sound wings, rails, stairs, carts, etc.); and • approximately one (1) black skirting for performance stage; and WHEREAS, Stageright has informed the City, via a letter attached to the City Commission Memorandum accompanying this Resolution, that it is the only authorized reseller of Stageright products; and WHEREAS, in order to introduce alternate manufacturers for competitive purposes, the City would need to discard its significant existing inventory of Stageright equipment, which would be costly and inefficient; and WHEREAS, continuing to purchase Stageright brand stage equipment will allow for interchangeability of parts and equipment, increase the operational design and flexibility of the center, as well as reduce costs associated with introducing another stage system, other than the system currently in place; and WHEREAS, given the incompatibility of other products, the City would not be successful in soliciting competitive bids for stage equipment, and accordingly, the City Manager redommends the purchase of the Stageright equipment, as being in the best interests of the City. 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 City Manager and waive, by 5 /7ths vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorize the Administration to purchase additional stage equipment from Stageright Corporation to supplement the existing inventory at the Miami Beach Convention Center, in an amount not -to- exceed $6600,000; further, authorize the Administration to negotiate an agreement with Stageright Corporation; and further authorize the Mayor and City Clerk to execute an Agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this // day of ATTEST: RAFAEL E. GRANADO, CITY CLERK T :\AGENDA\2018 \04 AprillProcurement \MBC MBCC,doc 2018. APPROVED AS TO FORM & LANGUAGE Stageright Corporations Gity Attomoy (-24ry,rwratfi