PSA with Dana Safety Supply, Inc 2ozi-81660
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
DANA SAFETY SUPPLY, INC
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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.
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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).
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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(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
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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