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HomeMy WebLinkAboutR-2026-135 Wavier of Competitive Bidding Exceed $50K for School Zones Speed CameraRESOLUTION NO. 2026-135 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING, AFTER PUBLIC COMMENT, THE WAIVER OF COMPETITIVE BIDDING AND AUTHORIZING THE PURCHASE, INSTALLATION, AND OPERATION OF SPEED ENFORCEMENT CAMERAS IN SCHOOL ZONES, SITE ACCESSORIES, AND RELATED PRODUCTS AND SERVICES FROM BLUE LINE SOLUTIONS, LLC, UTILIZING THE TOWN OF PEMBROKE PARK RFP NO. 12‑473‑14 AND AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment, and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids, if she is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and WHEREAS, the Town of Pembroke Park competitively solicited proposals pursuant to RFP No. 12 473-14, Creation and Implementation for a Speed Camera Enforcement Program in School Zones Only ("RFP"); and WHEREAS, the Town of Pembroke Park awarded the RFP to Contractor and entered into a Service Agreement with Contractor dated July 9, 2025 ("Underlying Agreement"); and WHEREAS, the City desires to obtain substantially similar services from Contractor utilizing the competitively procured terms of the Underlying Agreement, subject to the City- specific provisions contained herein; and WHEREAS, the Florida Statutes requires public comment before approving a service agreement or any extension of a service agreement, in the future; and WHEREAS, the City Commission allowed public comment at its September 14, 2026 meeting; and 2 RESOLUTION #2026-135 WHEREAS, Contractor has agreed to provide such services to the City pursuant to the Underlying Agreement and this Agreement; WHEREAS, the City Manager and Chief Tarala request that the City Commission waive competitive bidding and authorize the purchase of the Equipment from Blue Line Solutions, LLC, a Tennessee limited liability company authorized to do business in the State of Florida, using the Town of Pembroke Park RFP No. 12 473-14, and the underlying Service Agreement between Pembroke Park and Blue Line Solutions LLC, dated July 9, 2025; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute an agreement, which agreement is attached as Exhibit “A” and incorporated by this reference into this resolution, pursuant to all terms and pricing of the Town of Pembroke Park Service Agreement with Blue Line Solutions, LLC dated July 9, 2025, Section 3. That the City Commission authorizes exceeding the annual Fifty Thousand Dollars ($50,000.00) threshold for the operation of the agreement. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. SIGNATURES ON THE FOLLOWING PAGE 3 RESOLUTION #2026-135 PASSED AND ADOPTED on September 14, 2026. Motion by Commissioner Lewellen, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous Yes No Commissioner Lori Lewellen X ____ Commissioner Luis Rimoli X ____ Commissioner Archibald J. Ryan IV ____ X Vice Mayor Marco Salvino _X ____ Mayor Joyce L. Davis X ____ ATTEST: ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND BLUE LINE SOLUTIONS, LLC PURSUANT TO TOWN OF PEMBROKE PARK RFP NO. 12 473-14 This Piggyback Agreement ("Agreement") is entered into on _______________________, 2026 between the City of Dania Beach, Florida, a Florida municipal corporation ("City"), and Blue Line Solutions, LLC, a Tennessee limited liability company authorized to do business in the State of Florida ("Contractor"). RECITALS WHEREAS, the Town of Pembroke Park competitively solicited proposals pursuant to RFP No. 12 473-14, Creation and Implementation for a Speed Camera Enforcement Program in School Zones Only ("RFP"); and WHEREAS, the Town of Pembroke Park awarded the RFP to Contractor and entered into a Service Agreement with Contractor dated July 9, 2025 ("Underlying Agreement"); and WHEREAS, the City desires to obtain substantially similar services from Contractor utilizing the competitively procured terms of the Underlying Agreement, subject to the City- specific provisions contained herein; and WHEREAS, Contractor has agreed to provide such services to the City pursuant to the Underlying Agreement and this Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. PIGGYBACK AND CONTRACT DOCUMENTS 1.1 The City hereby utilizes the Town of Pembroke Park RFP No. 12 473-14 and resulting Underlying Agreement with Contractor as the competitive procurement for the services contemplated herein. 1.2 Except as expressly modified by this Agreement, the applicable terms and conditions of the following documents are incorporated herein as Exhibit “A”, by reference: a. this Piggyback Agreement; b. the Town of Pembroke Park Service Agreement with Blue Line Solutions, LLC; c. RFP No. 12 473-14, including applicable specifications and addenda; d. Contractor's proposal accepted pursuant to the RFP; and 2 e. any City-approved site schedule, implementation plan, or other written document expressly incorporated into this Agreement. Exhibit “A” is incorporated by reference and need not be physically duplicated as an attachment to this Piggyback Agreement. 1.3 In the event of a conflict, the documents shall control in the order listed above. 1.4 References in the Underlying Agreement to the "Town" shall mean the City of Dania Beach where applicable. References to Town officials, addresses, ordinances, policies, procedures, or administrative requirements shall mean the corresponding City officials, addresses, ordinances, policies, procedures, or requirements. 2. SCOPE OF SERVICES Contractor shall provide a turnkey automated school-zone speed detection program substantially in accordance with the scope competitively procured under the RFP, including all equipment, installation, permitting assistance, system operation and maintenance, violation processing, mailing, payment processing, reporting, training, technical support, and other services required by the Contract Documents. No additional service, equipment, fee, or charge shall be payable by the City unless expressly authorized in advance by a written amendment executed by the City. The applicable school zones are as follows: Olsen Middle School 330 SE 11th Terrace, Dania Beach, FL 33004, including along SE 5th Street Dania Beach Elementary 300 SE 2nd Ave, Dania Beach, FL 33004 Attucks Middle school (school zone on Stirling Road) 3. COMPENSATION 3.1 Contractor shall be compensated in accordance with the pricing and compensation methodology competitively procured and incorporated into the Underlying Agreement, subject at all times to Section 316.1896, Florida Statutes, and other applicable law. As set forth in Section D, Revenue Proposal, page 23, of Contractor's proposal submitted in response to RFP No. 12 473-14, and as incorporated into Article 4.1 of the Underlying Agreement, Contractor shall be compensated fifteen dollars ($15.00) from the sixty dollars ($60.00) retained by the City from each paid citation, representing twenty-five percent (25%) of that amount, consistent with the revenue distribution required under Section 316.1896, Florida Statutes. 3 3.2 Contractor shall provide the City with a complete monthly accounting of all violations processed, notices issued, payments received, , Contractor compensation, adjustments, refunds, chargebacks, and amounts remitted to the City. Statutory distributions to the Florida Department of Revenue, the county school district, the school crossing guard program, and any other recipient identified in Section 316.1896(5), Florida Statutes, are the sole responsibility of the City upon receipt of the remitted funds from Contractor." 3.3 Contractor shall not deduct or retain any amount from collections except as expressly authorized by the Contract Documents and applicable law. 3.4 No additional or increased fee shall be effective unless authorized by a written amendment approved by the City in accordance with applicable procurement requirements. 4. TERM AND TERMINATION 4.1 The term of this Agreement shall commence upon issuance of the first payable citation, or such other commencement date permitted under the Underlying Agreement and confirmed in writing by the parties, and shall be subject to the term and renewal provisions of the Underlying Agreement. 4.2 Consistent with Section 3.2 of the Underlying Agreement, the City may terminate this Agreement for convenience upon thirty (30) days' written notice to Contractor. Either party may terminate for cause as provided in the Underlying Agreement. 4.3 Upon termination, Contractor shall be entitled to compensation for services properly performed through the effective date of termination. 4.4 Upon termination, all finished or unfinished documents, data, studies, plans, surveys, reports, and other work product prepared by Contractor for the City shall become the property of the City and shall be delivered to the City in accordance with the Underlying Agreement. 5. SERVICES AND PROGRAM OPERATION Contractor shall perform the services in accordance with Article 2 of the Underlying Agreement, the RFP, Contractor's accepted proposal, and applicable law. The parties acknowledge that the operational requirements contained in Section 2.6 of the Underlying Agreement, including the provisions concerning the allowable operating period and enforceable speed threshold, are incorporated into this Agreement as part of the competitively procured terms. Nothing in this Agreement shall require either party to operate the program in a manner contrary to then-applicable federal, state, or local law. 4 6. OWNERSHIP AND DELIVERY OF RECORDS Consistent with Sections 3.2, 10.1.4, and 12.1 of the Underlying Agreement, reports, surveys, plans, studies, data, and other work product prepared or maintained by Contractor in connection with services performed for the City shall be the property of the City as provided in the Underlying Agreement. Upon completion or termination of this Agreement, Contractor shall transfer to the City, at no additional cost, all public records in Contractor's possession relating to the City's program. Records maintained electronically shall be provided in a format compatible with the City's information technology systems. 7. RECORDS AND AUDIT Consistent with Section 12.2 of the Underlying Agreement, Contractor shall maintain complete and accurate records and accounts relating to services performed under this Agreement, including records necessary to substantiate compensation, expenses, collections, distributions, and remittances associated with the City's program. Such records shall be available at reasonable times for examination and audit by the City and shall be retained for ten (10) years following completion of all work under this Agreement. Incomplete or incorrect entries shall constitute grounds for the City to disallow any fee or expense based upon such entries, consistent with the Underlying Agreement. 8. INDEMNIFICATION AND LIABILITY 8.1 The indemnification obligations contained in Article 6 of the Underlying Agreement are incorporated into this Agreement and shall apply to Contractor's performance of services for the City. For purposes of applying those provisions, references to the "Town" shall mean the City of Dania Beach, Florida, and shall include the City's elected and appointed officials, officers, employees, and agents, as applicable. 8.2 The limitation of liability contained in Section 6.3 of the Underlying Agreement shall apply to this Agreement as part of the competitively procured terms. 8.3 Nothing contained in this Agreement or the Underlying Agreement shall be construed as a waiver of the City's sovereign immunity or the limitations of liability established by Section 768.28, Florida Statutes. Nothing herein shall be construed to create any liability on behalf of the City beyond that provided by applicable law. 9. INSURANCE Contractor shall maintain throughout the term of this Agreement the insurance required by Article 7 and Exhibit "A" of the Underlying Agreement and RFP. 5 For purposes of Contractor's performance of services for the City, references in the applicable insurance requirements to the "Town" shall mean the City of Dania Beach, Florida. Prior to commencing services for the City, Contractor shall provide the City with certificates of insurance and other evidence of coverage required by the Contract Documents. 10. PUBLIC RECORDS 10.1 Contractor shall comply with Article 10 of the Underlying Agreement and all applicable requirements of Chapter 119, Florida Statutes, including Section 119.0701, Florida Statutes, as applicable to services performed for the City. 10.2 For purposes of applying Article 10 of the Underlying Agreement to this Agreement, references to the "Town" shall mean the City of Dania Beach, Florida, and references to the Town's custodian of public records shall mean the City's custodian of public records. 10.3 Upon completion or termination of this Agreement, Contractor shall transfer to the City, at no cost to the City, all public records in Contractor's possession relating to services performed for the City, or otherwise maintain such records as required by applicable law. Records stored electronically shall be provided in a format compatible with the City's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK Elora Riera, MMC, City Clerk City Of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Telephone: 954-924-6800, EXxt. 3623 Email: eriera@daniabeachfl.gov 11. DATA SECURITY AND CONFIDENTIAL INFORMATION Contractor shall safeguard all confidential, exempt, or otherwise protected information received, created, maintained, or accessed in performing services for the City in accordance with the requirements of the Underlying Agreement, RFP, Contractor's accepted proposal, and applicable law. Contractor shall use City information solely as necessary to perform the services contemplated by the Contract Documents and shall not disclose such information except as authorized by the City or required by applicable law. 6 Nothing in this Section shall alter Contractor's obligations concerning records, data, security, confidentiality, or system operation established by the Underlying Agreement, RFP, or Contractor's accepted proposal. 12. COMPLIANCE WITH LAW 12.1 Contractor shall perform all services in accordance with the applicable federal, state, and local laws governing the services contemplated by the Underlying Agreement, including applicable requirements governing school-zone speed detection systems. 12.2 References in the Underlying Agreement to ordinances, administrative procedures, officials, or requirements specific to the Town of Pembroke Park shall, where applicable to performance for the City, be construed to refer to the corresponding ordinances, procedures, officials, or requirements of the City of Dania Beach. 12.3 Nothing in this Agreement shall require either party to take any action contrary to applicable law. To the extent a provision of the Contract Documents becomes unlawful or unenforceable as a result of a change in applicable law, the parties shall comply with applicable law and otherwise preserve the competitively procured terms to the greatest extent legally permissible. 13. EMPLOYMENT ELIGIBILITY VERIFICATION Contractor shall comply with the employment eligibility verification requirements contained in Section 12.13 of the Underlying Agreement and Section 448.095, Florida Statutes, as applicable. For purposes of Contractor's performance under this Agreement, references in those requirements to the "Town" or public employer shall mean the City of Dania Beach, Florida. 14. PUBLIC ENTITY CRIMES AND SCRUTINIZED COMPANIES 14.1 Contractor shall comply with Section 287.133, Florida Statutes, relating to public entity crimes, as applicable. 14.2 Contractor shall comply with Section 287.135, Florida Statutes, and the scrutinized companies requirements contained in Section 3.4 of the Underlying Agreement, as applicable. The City shall have all termination rights available under applicable law with respect to a false certification or prohibited contracting activity. 15. HUMAN TRAFFICKING AFFIDAVIT To the extent required by Section 787.06, Florida Statutes, Contractor shall execute and provide the City with the affidavit required by law prior to execution of this Agreement. 7 16. ASSIGNMENT AND SUBCONTRACTORS 16.1 Consistent with Section 12.3 of the Underlying Agreement, Contractor shall not assign, transfer, or otherwise encumber this Agreement or any interest herein without the City's prior written consent. A change in ownership of Contractor shall constitute an assignment to the extent provided in the Underlying Agreement. 16.2 Consistent with Section 2.5 of the Underlying Agreement, Contractor shall not utilize a subconsultant in performing services for the City without the City's prior written approval. 16.3 Contractor shall remain responsible for the performance of all services and obligations required under the Contract Documents notwithstanding the City's approval of any subcontractor or subconsultant. 17. GOVERNING LAW AND VENUE Consistent with Article 9 of the Underlying Agreement, this Agreement shall be governed by the laws of the State of Florida. Venue for any action arising out of or relating to this Agreement shall lie in Broward County, Florida. 18. NOTICES All notices required under this Agreement shall be in writing and delivered in the manner required by Section 12.5 of the Underlying Agreement. Notices to the City shall be addressed to: City Manager City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: City Attorney City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Notices to Contractor shall be addressed as provided in Section 12.5 of the Underlying Agreement, unless Contractor designates a different address by written notice in accordance with that Section. 8 19. NO MATERIAL MODIFICATION OF UNDERLYING PROCUREMENT 19.1 The parties acknowledge that this Agreement is entered into pursuant to the City's authority to utilize a contract competitively procured by another governmental entity. 19.2 Nothing in this Agreement is intended to materially alter the scope of services, pricing methodology, specifications, or other substantive terms competitively procured under Town of Pembroke Park RFP No. 12 473-14 and the resulting Underlying Agreement. 19.3 Except for provisions necessary to identify the City as the contracting governmental entity, address City-specific administrative requirements, or comply with applicable law, the substantive terms and conditions of the Underlying Agreement shall apply to Contractor's performance for the City. 19.4 In the event of a conflict between this Agreement and the Underlying Agreement that would result in a material alteration of the competitively procured scope, pricing, or other substantive terms, the applicable provision of the Underlying Agreement shall control, except to the extent modification is required by applicable law. 20. RELATIONSHIP TO TOWN OF PEMBROKE PARK The Town of Pembroke Park is not a party to this Agreement and shall have no responsibility or liability to the City or Contractor arising from Contractor's performance of services for the City. Contractor acknowledges and agrees that its obligations to the City are independent of any obligations owed to the Town of Pembroke Park. 21. ENTIRE AGREEMENT; INCORPORATION This Agreement, together with the Contract Documents identified in Section 1, constitutes the entire agreement between the City and Contractor concerning the services to be provided hereunder. Except as expressly provided herein, the applicable terms and conditions of the Underlying Agreement, RFP, and Contractor's accepted proposal are incorporated into and shall govern this Agreement. No representation, statement, or agreement not contained in the Contract Documents shall be binding upon either party. 22. AMENDMENTS No amendment or modification of this Agreement shall be effective unless reduced to writing and executed by duly authorized representatives of the City and Contractor. No amendment shall materially alter the competitively procured scope, pricing, specifications, or other substantive terms in a manner inconsistent with applicable procurement requirements. 9 23. AUTHORITY TO EXECUTE Each person executing this Agreement represents and warrants that he or she has full authority to execute this Agreement on behalf of the party for whom he or she is signing and to bind that party to its terms. 24. SEVERABILITY If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the greatest extent permitted by law. 25. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Electronic signatures and electronic delivery shall have the same force and effect as original signatures to the extent permitted by applicable law. 26. EFFECTIVE DATE This Agreement shall become effective upon execution by both parties and approval in accordance with the City's applicable requirements. SIGNATURES ON THE FOLLOWING PAGES 10 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 11 CONTRACTOR: WITNESSES: Blue Line Solutions LLC, a Tennessee limited liability company authorized to conduct business in Florida SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by _______________ (name), _______________________ (title), of Blue Line Solutions LLC, a Tennessee limited liability company authorized to conduct business in Florida, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of