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HomeMy WebLinkAboutR-98-0986J-98-1001 10/5/98 RESOLUTION NO . 9 8 - " 8 6 A RESOLUTION ACCEPTING THE BID OF ALMARK ENTERPRISES FOR THE PROVISION OF SLEEPING BAGS, FOR THE DEPARTMENT OF FIRE -RESCUE, AT A TOTAL COST NOT TO EXCEED $10,230.00; ALLOCATING FUNDS THEREFOR FROM THE URBAN SEARCH AND RESCUE GRANT, ACCOUNT CODE NO. 313826.802801.6.840. WHEREAS, the South Florida Urban Search & Rescue Disaster Response Program has received a grant from the State of Florida to purchase emergency response equipment, support supplies and equipment; and WHEREAS, the City of Miami Urban Search and Rescue team requires sleeping bags for use in its urban search and rescue efforts and said grant provides for this expenditure; and WHEREAS, pursuant to public notice, Invitations for Bid No. 97-98-174 were mailed to twelve (12) potential bidders; and WHEREAS, two (2) bids were received on August 24, 1998; and WHEREAS, funding is available from the Department of Fire -Rescue, Urban Search and Rescue Grant, Account Code No. 313826.802801.6.840; and WHEREAS, the City Manager and the Director of Fire -Rescue recommend that the bid received from Almark Enterprises be accepted as the lowest responsive and responsible bid; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY 0 C T 13 1998 I. 98- 986 OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The bid received August 24, 1998, from Almark Enterprises for the purchase of sleeping bags, for the Department of Fire -Rescue, at a total cost not to exceed $10,230.00, is hereby accepted, with funds therefor hereby allocated from the Urban Search and Rescue Grant, Account Code No. 313826.802801.6.840. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED this 13th day of October , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval ;j o of this legislation by signing it in the designated place provided, ,aid ;egi,gar f, becomes effective with the elapse of ten (10) days from the date of Co issicr, ctior. °ding same, without the Mayo exe v t ATTEST: WALTER J, 'OEMAN JTY CLERK Waft • Foeman, City Clerk AND CORRECTNESS: RtgJ4UR0 VILARELLO, CITY ATTORNEY W2 6•CSK:kc 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 98- 9-6 CITY OF MIAMI OFFICE OF THE Cli 'LERK BID SECURITY LIST BID ITEM: 66 SLEEPING BAGS BID NO.: 97-98-174 DATE BID(S) OPENED: AUGUST 24, 1998 TIME 10:00 a.m. BIDDER • TOTAL BID AMOUNT BID BOND (ER) CASHIER'S CHECK ALMARK ENTERPRISES See attached bil I JET'S FLORIDA OUTDOORS NO BID K & K SERVfCE, INC. fiem Rie —0 V—�7,j (.s cf jj,.s. v-, A9 are hereby reifecled w3 I a n 33 --- I e==;z --1L �j received envelopes on behalf Person re4W4 bid(s) -PURCHASING DEPARTMENT ON i. (City Department) (Date) SIGNE: Deputy City Clerk of CITY OF MIAMI f � ADVERTISEMENT FOR BID Sealed bids will be received by the City of Miami City Clerk at his office located at City Hall, 3500 Pan American Drive, Miami, FI. 33133 for the following: BID NO.97-98-174 Approximately sixty six (66) sleeping bags for the Fire Department OPENING DATE: 10:00 A.M. Monday, August 24, 1998 Detailed specifications for this bid are available upon request at the City of Miami, Purchasing Department, 444 SW 2nd Avenue, Sixth Floor Miami, Florida 33130, Telephone No. 416-1904. Donald H. Warshaw CITY OF MIAMI City Manager LOGO AD NO. 5327 o •`°t: ° "" City of Miami REQUISITION FOR ADVERTISEMENT This number must appear in the advertisement. INSTRUCTIONS: Please type and attach a copy of the advert' m nt wi h this r n. 1. Department: 2. Division: 3. Account Code number: 4. Is this a confirmation: ❑ Yes ❑ No 5. Prepared by: 6. Size of advertisement: 7. Starting date: 8. Telephone number: 9. Number of times this advertisement is to be published: 10. Type of advertisement: Legal ❑ Classified ❑ Display 11. Remarks: 12. Publication Date(s) of Advertisement Invoice No. Amount > ``•� .Ty 3' .ram.` C. t^ f� O l Y 13. ❑ Approved ❑ Disapproved Department Director/Designee Date Approved for Payment J Date C IGS/PC 503 Rev. 12/89 1 Routing: Forward White and Canary to G.S.A. (Procurement Management) and retain Pink copy. uia i niou i wn: wnne - U.Z).A.; canary - uepartment CITY OF MIAMI, FLORIDA CA=1 1 INTER -OFFICE MEMORANDUM TO : The Honorable Mayor and DATE : _ G V��199pO FILE Members of the City Commission SUBJECT : OCTl' Authorizing the purchase of Sleeping Bags FROM : REFERENCES: onald H. Warshaw Bid No. 97-98-174 City Manager ENCLOSURES: RECOMMENDATION: It is recommended that the City Commission adopt the attached Resolution accepting the bid of Almark Enterprises, a non-local/non-minority vendor, located at 1849 7th Avenue North, Lake Worth, Florida 33461, for the purchase of sleeping bags, for the Department of Fire -Rescue; at a total one-time cost not to exceed $10,230. Funds are available from Urban Search and Rescue Grant, State of Florida, Account Code No. 313826.802801.6.840. BACKGROUND: The Urban Search and Rescue Program is tasked to work in hazardous conditions and weather. The purchase of the aforementioned sleeping bags is a required item to work safely and effectively in situations or surroundings where warm shelter would be required. This purchase is necessary in order for the Urban Search and Rescue Team (USAR) to preserve the public safety and welfare in the event of an emergency. The immediate and continuous ability of these team members to be able to be on 24 hour call includes having the proper equipment to cant' out their duties safely. The Department of Fire -Rescue has analyzed the bids received pursuant to Bid No. 97-98-174 for the purchase of sleeping bags. 12 Invitation for Bids were mailed and 2 responses were received. The bid submitted by Almark Enterprises was deemed as the lowest responsible and responsive bid and is therefore, recommended for award. DHW/CAGZK' /pmk CoverLISARSIeepingBags.doc � � i BIDNUMBER: 97-98-174 COMMODITY / SERVICE: SLEEPING BAGS DEPARTMENT/CONTACT PERSON: FIRE -RESCUE - LT. SMALLEY DIRECTIONS TO COMPLETE BID AWARD RECOMMENDATION FORM ON THE REVERSE SIDE: The top portion of the reverse side of this Bid Award Recommendation Form has been completed by the Department of Purchasing. The user department (s) is required to complete all remaining sections of this form, including the funding source(s), contract value (if applicable), and all other required approvals prior to forwarding to Purchasing. Within 10 days, FAX this completed form along with approved and signed Bid Tabulation. Form and the resolution memo to Purchasing, ATTN: Bid/Contract Section, at 416-1925. These forms will be utilized by the Department of Purchasing to prepare the Resolution for submission to the Agenda Office for Commission approval. Should the department not concur with the recommendation for award, FAX separate justification memo to Purchasing immediately. Emergency procurements are exempt. IN ADDITION TO THE ABOVE DOCUMENTS, PLEASE RETURN A COMPLETED "CONTRACT REVIEW AND ANALYSIS FORM" ALONG WITH THE SCI SCREEN "ACCOUNT SUMMARY" FOR SAID COMMODITY/SERVICE IN PREPARATION FOR THE PRESENTATION AND APPROVAL OF THE BID/CONTRACT BEFORE THE OVERSIGHT BOARD. Contact Sara Gonzalez of the Bid/Contract Section at 416- 1909 should you have any questions. APPROVAL TO FORWARD TO DEPARTMENT/OFFICE :L- p'tY Judy S. Carter Director of Purchasing DATE: BIl)"COMMC 7/17/98 PAGE 1 OF 2 V n+ 986 BID AWARD RECOMMENDATION FORM BID NUMBER: 97-98-174 DEPARTMENT / DIVISION: FIRE -RESCUE TERM OF CONTRACT: SINGLE PURCHASE NUMBER OF BIDS DISTRIBUTED: METHOD OF AWARD: COMMODITY/SERVICE: SLEEPING BAGS (12) TWELVE NUMBER OF BIDS RECEIVED: (2) Two LOWEST MOST RESPONSIVE, RESPONSIBLE BIDDER RECOMMENDED VENDOR(S): STATUS: CONTRACT VALUE: ALMARK ENTERPRISES NON-LOCAL/NON-MINORITY $10,230.00 TOTAL: $10,230.00 THE FOLLOWING TO BE COMPLETED BY USER DEPARTMENT: JUSTIFICATION: The Urban Search and Rescue Program is tasked to =work :in_ _hazardous conditions and weather. The purchase--of---the-aLore- mentioned sleeping bags are a required item to work safely:__ and effectively in situations or surroundings where warm shelter would be required. This purchase is necessary in order for the Urban Search and Rescue Team (USAR) to preserve the public safety and welfare in the event of an emergency. The immediate and continuous ability of these team members to be able to be on 24 hour call includes having the proper equipment to cary out their duties safely. ACCOUNT CODE(S): 3I 3SZ� r Sa Z 80� • 6 . � DEPARTMENT APPROVAL: Department Director/ Designee (FY '99) BUDGET REVIEW APPROVAL: li't&61pak M. Parekh Director PURCHASING APPROVAL: J S. Ca Director OTHER FUNDING APPROVALS, IF APPLICAB7q.AGE / TITLE: 2 OF 2 9Q r' 6.1 BID INFORMATION FORM r� Mailing Date: August 5, 1998 Bid No.: 97-98-174 Telephone Buyer: Sara Gonzalez 305-416-1909 Please quote on this form(s) net prices for the item(s) attached. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this bid. Prices should be firm for a minimum of 90 days. Reference to manufacturers' names or catalog numbers are for identification only. If alternates are quoted, complete information must be given. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. Bids must be,recel<ved by:1Q 00 AM,_Monday, August 24,1998 at the Office o£ the City Clerk, 3500 Pan American Drive, Miam>, Florida 33131 5504 w Y SINGLE PURCHASE 450-15: SLEEPING BAGS We have read your Invitation for Bid, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or service specified herein. ALL BIDS MUST BE SUBMITTED IN TRIPLICATE OR YOUR BID MAY BE DISQUALIFIED. number of calendar days required to complete work after Notice to Proceed or issuance of purchase order. number of calendar days required before commencement of work. ar 34, 4/,e,1' .reo ,v.a-ce. ) Delivery will be made within caleridsr-days after receipt of purchase order. Terms: 20/o-10 days v/' Net 30 days ✓ Additional discount of % if awarded all items. (include cash discount for prompt payment, if any) Other Discounts: Contact Person/Telephone: %M&� );C_4z_ �r Term of Warranty and/or guarantee for equipment/goods 6,oK/V t~ AC_7c0Z r Lr Fef7/n eS 4i rR 2 A��Y Term of Warranty and/or guarantee for labor: N/A All exceptions to this bid have been documented in the section below. EXCEPTIONS: I certify that any and all information contained in this bid is true; and I further certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all terns and conditions of this bid and certify that I am authorized to sign this bid for the bidder. Please print the following and sign your name: Firm'sName: AL/''M49r/YT�2P121f6s Principal Business Address: /9 ` q 7 44" AY6: N Lf}KE CJO/L7,N FL 33y6 / Mailing Address: _7A 4 gr E-Mail Address: AL/7,g9t F- ®1--4OL • r—OM .h,l/,v4 S,- / - 9G2- .rlo Telephone: Sc /—SdB-ooc, -,000-JD Fax: S / — - o 2 Name: 2 `� is /, L �r r Title: Authorized Signature: Beeper: tiid No. 97-98-174 6.5 1NDOR BACKGROUND INFORM ION [NSTRUCTIONS: This questionnaire is to be included with your bid. Do not leave any questions unanswered. When the question does not apply, write the word(s) "None", or "Not Applicable", as appropriate. Please print. COMPANY NAME: A L/Y1,4/Z k- L N ?'c/Z PR 1 S4E,;- COMPANY OFFICERS: President 34 1 Vice President Secretary P Treasurer COMPANY OWNERSHIP: ALAA1 T1C-9 L t Jr i D D % of ownership % of ownership % of ownership % of ownership LICENSES: 1. County or Municipal Occupational License No. © © 1 D_ O a (attach copy with bid) 2. Occupational License Classification CR?676'al2Y 7 0. O a A 3. Occupational License Expiration Date: q % 30l9<8 4. Metro -Dade County Certificate of Competency No. /VZA (attached copy if requested in Bid or RFP) 5. Social Security or Federal I.D. No. O 1 S— S 2- — 0 S 70 EXPERIENCE: / 6. Number of Years your organization has been in business: h Number of Years experience BIDDERIPROPOSER (person, principal of firm, owner) has had in operation of the type required by the specifications of the Bid or RFP: 6 8. Number of Years experience BIDDERJPROPOSER (firm, corporation, proprietorship) has had in operation of the type required by the specifications of the Bid or RFP: 6 Citv of Miami, Florida Bid No. 97-98-174 2.0 GENERAL TERMS R, .D CONDITIONS FOR THE PURCHASE OF GOODS OR EQUIPMENT INTENT: The General Terms and Conditions described herein apply to the acquisition of goods or equipment with an estimated aggregate cost of $4,500.00 or more. 2.1. _ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this bid shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. it must comply with the terms herein and be fully in - accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 2.2. ACCEPTANCE OF OFFER - The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon issuance by the City of a purchase order. 2.3. ACCEPTANCE/REJECTION -The City reserves the right to accept or reject any or all bids or parts of bids after bid opening and request rebid on the items described in the IFB. In the event of such rejection, the Director of Purchasing shall notify all affected bidders and make available. a written explanation for the rejection. The City also reserves the right to waive any irregularities or minor informalities or technicalities in any or all bids and may, at its discretion, re -bid. 2.4 ANTITRUST PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional bids for these herein items, and to make use of other competitively bid (governmental) contracts, SNAPS Agreements, or other similar sources for the purchase of these goods or equipment as may be available. 2.5. ASSIGNMENT OF CONTRACT - Contractor shall not assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion or part of the Contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 2.6. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this Bid, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with, this condition shall result in the immediate cancellation of this contract by the City. 2.7. AWARD OF CONTRACT: A. The IFB, Bidder's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee. C. The award of this Bid may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's Response and may accept the Bid from the next lowest responsive, responsible Bidder or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder and its bid bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's default. Rev. 6/8/98 98^ 986 City of Miami, Florida Bid No. 97-98-174 D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to ninety (90) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract for a specific number of days, not to exceed ninety (90) days, prior to the expiration of the contract term at the same price, terms, and conditions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. 2.8. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding an approved equal, Bidders will submit, with their bid, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after the date of bid opening only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 2.9. CANCELLATION - The City reserves the right to cancel all invitations for bid before bid opening. In the event of bid cancellation, the Director of Purchasing shall notify all prospective bidders and make available a written explanation for the cancellation. 2.10. COLLUSION - Bidder, by affixing a signature to its bid, certifies that its bid is made without previous understanding, agreement or connection either with any person, firm or corporation making a bid for the same items or with the City of Miami Purchasing Department or initiating department. The Bidder certifies that its bid is fair, without control, collusion, fraud or other illegal action. Bidder certifies that it is in compliance with Section 2.611, Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids where collusion may have occurred. 2.11. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: 2.11.1. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. 2,11.2. Occupational, Safety and Health Act (OSHA), as applicable to this bid. 2.11.3. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. Rev. 6/8 /98 Citv of Miami, Florida Bid No. 97-98-174 2.1 l .4. Minor. , Nomen Business Affairs Enterprise (A WBE) City Ordinances No. 10062, 10538, 11272, as amended, as applicable to this bid. 2.11.5. Environment Protection Agency (EPA), as applicable to this bid. 2.11.6. Uniform Commercial Code (Florida Statutes, Chapter 672), as applicable to this bid. 2.11.7. Americans with Disabilities Act of 1990, as amended. 2.11.8. First Source Hiring, Agreements, City Ordinance No. 10032, as amended, as applicable to this bid. Implemented to foster the creation of new and permanent jobs for City of Miami residents. 2.11.9. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this bid. 2.11.10. National Forest Products Association (NFPA), as applicable to this bid. 2.11.11. City Local Preference Ordinance No. 11087, as applicable to this bid. 2.11.12. Conflict oflnterest, City Code Section 2-611; 612, as applicable to this bid. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 2.12. CONFLICT OF INTEREST - Bidders, by responding to this IFB, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods or equipment specified in this IFB. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the your firm. 2.13. COPYRIGHT OR PATENT RIGHTS : Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this IFB, and bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 2.14. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the Bid shall be fixed after the award by the Commission unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the Bid will be accepted from successful Bidder(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder will be passed on to the City. 2.15. EMERGENCY/DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this bid at the price contained within vendor's bid. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 2.16. ESTIMATED QUANTITIES - Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this bid. Said estimates may be used by the City for purposes of determining the low bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices, in this IFB. 2.17. EVALUATION OF BIDS A. Rejection of Bids Rev. 6/8/98 City of Miami, Florida Bid No. 97-98-174 The City may reject a Bid for any of the following reasons: (1) Bidder fails to acknowledge receipt of addenda (2) Bidder misstates or conceals any material fact in the Bid (3) Bid does not conform to the requirements of the Bid (4) Bid requires a conditional award that conflicts with the method of award (5) Bid does not include required samples, certificates, licenses as required (6) Bid was not executed by the Bidder's authorized agent on the Bid Form The foregoing is not an all inclusive list of reasons for which a Bid may be rejected. The City may reject and re -advertise for all or any part of the Bid Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration (1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debtor contract, or which is a defaulter as surety or otherwise upon any obligation to the City. (2) A contract may not be awarded to any person or firm which has ,failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. (3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of ResDonsibili (1) Bids will only be considered from entities who are regularly engaged in the business of providing the goods and/or equipment required by the Bid. Bidder's must be able to demonstrate a satisfactory record of performance and integrity and have sufficient fmancial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terns "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. (2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity in making the award. (3) The City may require the Bidder(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Bid. 2.18. F.O.B. POINT- Unless otherwise specified in the IFB, all prices quoted by the bidder must be F.O.B. POINT, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this IFB. Failure to do so may be cause for rejection of bid. 2.19. FIRM PRICES - The bidder warrants that prices, terms, and conditions quoted in its bid will be firm throughout the duration of the contract unless otherwise specified in the IFB. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 2.20. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all the City's agents, officers and employees from and against all charges or claims resulting from any bodily injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees, the Contractor shall become defendant in every suit brought for any of such causes of action against the City or the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs, Rev. 6/8/98 J 8 + 9 , 6 City of Miami. Florida Bid No. 97-98-174 attorney's fees,-xpenses and liabilities incurred in the defense of any such claims and any resulting investigation. 2.21. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or equipment required to be provided by the Contractor under this Contract conform to the terms of the IFB. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-96 of the Code of the City of Miami, Florida, as same may be amended or supplemented from time to time. 2.22. INSPECTION OF BID - Sealed bids received by the City pursuant to Invitations For Bid will not be made available until such time as the City provides notice of a decision or intended decision or within 10 days after bid opening, whichever is earlier. Bid Tabulations will be furnished, after a recommendation for the award is made to the City Commission by the Purchasing Department in concurrence with the user department, and upon provision of a self addressed, stamped envelope by the bidder. 2.23. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the attached form entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Invitation for Bid, the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this IFB within fifteen (15) calendar days after receipt Notice of Award, the contractor may be in default of the contractual terms and conditions and may not be awarded the contract. Under such circumstances, the Bidder may be prohibited from submitting future bids to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Risk Management Division, at (305) 416-1700. 2.24. INVOICES - Invoices shall contain purchase order number and details of goods or equipment delivered (i.e. quantity, unit price, extended price, etc). 2.25. LOCAL PREFERENCE - City Ordinance 11087 states that the City Commission may offer to a responsible and responsive local bidder, whose primary office is located in the City of Miami, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local vendor does not exceed 110 percent of the lowest other responsible and responsive bidder. 2.26. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders a separate Manufacturer's Certification of all statements made in the bid. Failure to provide such certification may result in the rejection of bid or termination of contract, for which the bidder must bear full liability. 2.27. MINORITY/ PROCUREMENT PROGRAM - Ordinance No. 10062, as amended, entitled the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, Florida, sets forth "...a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business firm "...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women and whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women." To achieve the goal established by these Ordinances, participation in providing goods and services to the City by minorities is being encouraged in a number of ways. All bidders doing business with the City are encouraged to include the participation of minority firms in their bids. In evaluating bids for determination of awards, minority participation may be a factor. Failure to adequately involve minority firms may be a basis for rejecting any and all bids. Rev. 6/8/98 City of Miami, Florida Bid No. 97-98-174 Possible ways to include minority participation would involve: 1. Joint venture with a minority firm(s) 2. Utilizing minority firm(s) as subcontractor(s). 3. Utilizing minority firm(s) to supply goods and/or services. 4. Successful implementation of well defined affirmative action program. -S. `Other forms of minority participation, if properly documented. Successful bidder(s) shall be required to establish an Affirmative Action Plan, if not, an Affirmative Action Policy shall be established, pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy. A "Minority Status Information Sheet" in Section 6.7 is provided to assist bidders in presenting information concerning minority participation. Minority and women -owned business firms are encouraged, but not required, to register with the City prior to submitting bids. The Purchasing Department, Minority/Women Business Affairs Office, will provide the necessary forms and instructions upon request. All bidders are urged to submit bids for any goods or services that they are able to supply, regardless of minority classification. However, compliance with all requests for information regarding Minority/Women Status or Participation is required. Bidder's cooperation is greatly needed to aid the City in achieving its goal. Bidders may contact this Office at (305) 416-1913 for information. 2.28. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS No contract or understanding to modify this IFB and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order or modification to the contract, purchase order or award sheet as appropriate. 2.29. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes, 1971. Items delivered not conforming to specifications may be rejected and returned at Bidder's expense. These non -conforming items not delivered as per delivery date in bid and/or Purchase Order may result in bidder being found in default in which event any and all reprocurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's bidder's list. 2.30. NONDISCRIMINATION - Bidder agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this solicitation. Furthermore, Bidder agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity receiving federal financial assistance. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 2.31. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Bid under this IFB shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the Bid; however, the City may at its sole option and in its best interest allow the Bidder to supply the license to the City during the evaluation period, but prior to award. Rev. 6/,8/98 9 S c City of Miami. Florida Bid No. 97-98-174 2.32. PRICE ADJL MENTS - Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 2.33. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the bid price or lower, provided that a -sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 2.34. PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 2.35. PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Bid Response Form. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is, understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders during the term of the contract. 2.36. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 2.37 PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and Sec. 18-104 of the City Code, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 2.38. QUALITY - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this bid shall be new. The items bid must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this IFB. 2.39. RESOLUTION OF PROTEST - Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Ordinance No. 11072 describing the protest procedures. Protests failing to meet the Rev. 6/8/98 8- 986 City of Miami. Florida Bid No. 97-98-174 requirements for ...mg shall not be accepted. Failure of a party , imely file shall constitute a forfeiture of such parry's right to file a protest. NO EXCEPTIONS. 2.40. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the -City. 2.41. SERVICE AND WARRANTY - Unless otherwise specified, the bidder shall define any warranty, service - and replacements that will be provided. Bidders must explain on the attached Bid Response Form to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your bid. 2.42. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to used. All workmanship is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this bid, the bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid. 2.43. TERMINATION - The City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: 2.42.1. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. 2.42.2. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; 2.42.3. Funds are not available to cover the cost of the goods or equipment. The City's obligation is contingent upon the availability of appropriate funds. 2.44. TIMELY DELIVERY - Time will be the essence for any orders placed as a result of this bid. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on the Bid Form. Deliveries are to made during regular City business hours unless otherwise specified in the Special Conditions. 2.45. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes fast. 2.46. VARIATIONS OF SPECIFICATIONS - For purposes of bid evaluation, bidders must indicate any variances from bid specifications and/or conditions, no matter how slight. If variations are not stated on the Bid Response Form, it will be assumed that the product fully complies with the City's specifications. Rev. 6/8/98 9 8 _ Cite of Miami. Florida Bid No. 97-95-174 3.0. SPECIAL C0iVD1T10NS 3.1. SCOPE AND PURPOSE It is the intention of the City of Miami to purchase at the earliest possible time and lowest possible cost, approximately sixty-six (66) sleeping bags for the Fire Department Urban Search and Rescue Disaster Team. 3.2. METHOD OF AWARD - Award of this contract will be made to the lowest most responsive, responsible bidder. 3.3. BIDDER QUALIFICATIONS Bids will be considered only from firms that have been regularly engaged in the business of providing the goods as described in this bid for at least two (2) years-, and that have sufficient financial support, equipment and organization to insure that they can satisfactory execute the services if awarded a contract under the terms and conditions herein stated. Subsequently, the Bidder will: Be fully licensed to perform the work described herein, and shall provide all information requested on the Price Sheet. .Have no record of pending lawsuits or criminal activities and not have conflicts of interest which may be of embarrassment to the City. Not submit a bid should the contractor have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter or surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully any previous contract with the City. Pre -award inspection of the Bidder's facility may be made prior to award of contract. 3.4. DELIVERY Point: All items will be priced and delivered F.O.B. Miami, to the following location: City of Miami, Urban Search and Rescue Disaster Team Fire Training Center 3425 Jefferson Street Coconut Grove Miami 33133 Attn: Lt. Smalley 3.5. ACCEPTANCE Delivery of equipment to the City does not constitute acceptance for the purpose of payment. Final acceptance and authorization for payment shall be given only after a thorough inspection indicates that the equipment meets bid specifications and conditions. Should the delivered equipment differ in any respect from the specifications, payment will be withheld until such time as the supplier takes necessary corrective action. The Purchasing Office shall be notified of the deviation in writing within ten days of delivery. If the proposed corrective action is not acceptable to the City, the Purchasing Office may authorize the using department to refuse final acceptance of the equipment, in which case the equipment shall remain the property of the supplier, and the City shall not be liable for payment for any portion thereof. 3.6. WARRANTY Equipment hereinafter specified shall be fully guaranteed by- the vendor against factory defects. Any defects may occur as the result of either faulty material or workmanship within the period of the manufacturer's standard warranty will be corrected by the vendor without expense to the City, of Miami. The manufacturers warranties on items covered by this contract shall be considered, whereas successful bidder shall obtain warranty schedules and call upon manufacture for warranty, claims. Bidders are requested to bid credits for those months where warranties are in effect reducing the scope of contract. Page 1 of 2 98- 196 Citv of Miami, Florida Special Conditions (Continued) Bid No. 97-I>S-174 3.7. APPROVAL BY EMERGENCY FINANCIAL OVERSIGHT BOARD The State of Florida has appointed an Emergency Financial Oversight Board (Oversight Board) to review and approve all pending City of Miami contracts. As a result, contracts are not binding on the City until such time as they have been approved by the Oversight Board and/or executed on behalf of the Board. 3.8. IDENTIFICATION All invoices, packing lists, packages, shipping notices, and other written documents affecting the order shall contain the applicable purchase order number. Packing lists shall be enclosed in each and every box or package shipped pursuant to this contract, indicating the contents therein. Invoices will not be processed for payment until all items are received. 3.9. INSPECTION All items are subject to inspection and approval by the City. Such inspection shall be made within a reasonable time after delivery, irrespective of the date of payment. The City may return rejected items at the vendor's expense. The vendor shall not replace items returned unless so directed by the City in writing. 3.10. PACKING AND SHIPPING No charges will be allowed for special handling, packing, wrapping, bags, containers, reels, etc., unless otherwise specified herein. All items shall be prepared and packed for shipment in a manner that will prevent damage in transit. The city is not liable for extra charges for packing, cartage, or anything else unless stated in this agreement. The vendor shall mark the number of items in each order on the container and enclose a packing slip with the purchase order number of each container. 3.11. NO SUBSTITUTION When "NO SUBSTITUTION" is used in combination with a manufacturer's name, brand name and/or model number, that named item is the only item that will be accepted by the City. Page 2 of 2 98 r- 986 VENDOR TABULATION OF BID SLEEPING BAGS BID NO 97-98-174 Almark Enterprises 1849 7 Avenue North Lake Worth FL 33461 Non-Local/Non-Minority Jet's Florida Outdoors 9696 SW 40 Street Miami FL 33165 Dade/Female Est. Unit Extended Est. Unit Extended Item Description Qty. Price Amount Qty- Price Amount 1 Sleeping Bags Mfg Kelty, Inc. Model 3SD 66 $ 155.00 lea $ 10,230.00 66 $ 159.00 \ea $ 10,494.00 Part #33010251 in accordance with bid specifications Prices are good until: 11/24/98 October 1998 I OCR Approval: Prepared by Sara Gonzalez Departent Director/Designee 08/24/98 Page 1