HomeMy WebLinkAboutR-98-1016J-98-938
9/2/98
RESOLUTION NO. 9 8 - 1016
A RESOLUTION ACCEPTING THE BID OF PERSONAL
SAFETY EQUIPMENT CO., INC., FOR THE PROVISION
OF RESCUE MINERS BOOTS FOR THE DEPARTMENT OF
FIRE -RESCUE, AT A TOTAL COST NOT TO EXCEED
$29,800.00; ALLOCATING FUNDS THEREFOR FROM
THE URBAN SEARCH AND RESCUE GRANT, ACCOUNT
CODE NO. 313826.802801.6.840.
WHEREAS, pursuant to public notice, invitations for Bid No.
97-98-123 for the provision of rescue miners boots for the
Department of Fire -Rescue, were mailed to thirty-three (33)
potential bidders; and
WHEREAS, five (5) sealed bids were received on July 20,
1998; and
WHEREAS, acquisition of these boots is necessary for the
Urban Search and Rescue Team (USAR) in their efforts to preserve
public safety and welfare in the event of an emergency; 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 Personal Safety Equipment
Co., Inc., be accepted as the lowest responsive and responsible
bid;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
Cif COIDEMON
IaE?MG CW
0 C T 13 1998
aaswu lon No.
98-101" 6
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 submitted by Personal Safety
Equipment Co., Inc., for the provision of rescue miners boots for
the Department of Fire -Rescue, at a total cost not to exceed
$29,800.00, 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 1 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse of ten (10) days from the date of Commission action
ATTEST: regarding same, without the Mayor exerci
o.
n
WALTER J . FOEMAN Walter J. an, City Clerk
CITY CLERK
l� 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.
2 98-1V.16
CITY OF MIAMI, FLORIDA 26
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and DATE: SEp 2 1 lgag FILE:
Members of the City Commission
SUBJECT: Authorizing the purchase of
Rescue Miner's Boots
FROM: � REFERENCES:
Don d Warshaw Bid No. 97-98-123
City Manager ENCLOSURES:
RECOMMENDATION:
It is recommended that the City Commission adopt the attached Resolution accepting the
bid of Personal Safety Equipment, located at 132 Carlisle Street, Endicott, NY 13760, a
Non-Minority/Non-Local vendor for the procurement of Rescue Miners Boots, for the
Department of Fire -Rescue, at a one time cost not to exceed $29,800. Funds are available
from Urban Search and Rescue Grant, State of Florida, Account Code No.
313 826.802801.6650.84029.
BACKGROUND:
The Urban Search and Rescue Program is tasked to work in confined space locations.
Rescue Miners Boots are a required item to work safely and effectively in dangerous
situations or surroundings where waterproof and/or puncture -proof footwear would be
required.. The purchase of the aforementioned Miners Boots are necessary in order for
the Urban Search and Rescue Team (USAR) to preserve 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 carry out their
duties safely.
The Department of Fire -Rescue has analyzed the bids received pursuant to Bid No. 97-
98-123 for the purchase of Rescue Miners Boots. 33 Invitation for Bids were mailed and
five responses were received. The bid submitted by Personal Safety Equipment was
deemed as the lowest responsible and responsive bid and is therefore, recommended for award.
DHW/CA K/pmk
CoverMinersBoots.doc
98-10i6.
..frNo.:' 97-98-121
Telephone:
305-416-1905
Please quote on this form(s) net prices for .em(s) attached. Return signed original anc ►in 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.
: ence 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 received by-_10.00 AM, Mon4y,ulyZ0,1998
..s.,tMn..+..rE..wYwa•�. l�Yi'ID�
at the Office of the G* ClerX.-3500Pan�Cmeacaa D� "m oriaa 33131 504'-` ' -
.3.
SINGLE PURCHASE
340-87: CONFINED SPACE RESCUE COMMUNICATIONS KTT
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 8f
purchase order.
number of calendar days required before commencement of work.
Delivery will be made within --7— calendar days after receipt of purchase order.
Terins: 20/o-10 days Net 30 days �_ Additional discount of % if awarded all items
i
(include cash discount for prompt payment, if any) Other Discounts:
Contact Person/Telephone: �1Cii_ 3 5_ 1
Term of Warranty and/or guarantee for equipment/goods ,1 • u r
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
:erns and conditions of this bid and certify that I am authorized to sign this bid for the bidder. Please print the
`ollowing and sign your name:
a s
I- M-Pik
002
98-1016
City of Miami, Florida h till No. yI-7°-i.Li
Coo f 14W
6.5 VE OR BACKGROUND INFORMAT N
INSTRUCTIONS:
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:
COMPANY OFFICERS:
President Day id t-110'-rin1.e k 1
Secretary SCOW ar bri #r->n
COMPANY OWNERSEV:
Vice President R iG h llyd ' C rQ vine) I
Treasurer n r br Aon
DDl�li�_% of ownership
ichQ�r C� CrGI tinvlt° U 2.5 % of ownership .
% of ownership
% of ownership
LICENSES: /
1. County or Municipal Occupational License No. '3'7 8 - 0oo00 Q 4 / 5 (off 5
(attach copy with bid)
2. Occupational License Classification-' W hniP_ 5 k- ' UL-Ar 1 b U'i~DY' /,Ke:jg i I -ifpYe-
3. Occupational License. Expiration Date: - 30 -CIO
4. Metro -Dade County Certificate of Competency No.s1p,
(attached copy if requested in Bid or RFP) r
S. Social Security or Federal I.D. No. 5a12:7 13 808
EXPERIENCE:
6. Number of Years your organization has been in business: -41
7. Number of Years experience BIDDER/PROPOSER (person, principal of firm, owner) has had in operation
of the type required by the specifications of the Bid or RFP: . 41
8. Number of Years experience BIDDER/PROPOSER (firm, corporation, proprietorship) has had in
operation of the type required by the specifications of the Bid or RFP: q
90`10i6
City of Miami, Florida Bid No. 97-98-121
2.0 GENERAL TERMS ANy CONDITIONS FOR THE PURCHASE vF GOODS OR EQUIPMENT
INTENT: The General Terms and Conditions described herein apply to the acquisition of goods or equipment wit -
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 availablq 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 Iowest 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
8�1016
City of Miami, Florida
Bid No. 97-98-121
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
items) 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 ofF/orida Statutes. Section 287.133(3)(A) on Public Entity Crimes.
Rev. 6/8198 0 8 •-10 16
City of Miami, Florida
Bid No. 97-98-121
2.11.4. Minority/Women Business Affairs Enterprise (M/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. EMERGENCYIDISASTER 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 9 S _ 101
City of Miami, Florida
Bid No. 97-98-121
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
debt or 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 Jibs failed to perform under the
terms and conditions of any previous contact 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 Responsibility,
(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 financial,
material, equipment, facility, personnel resources, and expertise to meet all contractual
requirements. The terms "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.
2.1& 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. 6/8198 J O - 10 i 6
City of Miami, Florida
Bid No. 97-98-121
attorney's fees, expenses 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 9
8 ` 10
1
City of Miami, Florida Bid No. 97-98-121
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.
3. 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.
218. 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 CONDMONS - 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.
230. 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 0 8_ 1 0 i 6
City of Miami, Florida
Bid No. 97-98-121
2.32. PRICE ADJUSTMENTS - 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 produc,
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 terns 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.
236. 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.
237 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.
238. 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.
239. 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
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 requirements for filing shall not be accepted.
Rev. 6/8/98 9 8- 10 i 6
3.0. SPECIAL CONDITIONS
3.1. SCOPE AND PURPOSE -
It is the intention of the City of Miami to purchase at the earliest possible and lowest possible cost a Confined
Space Rescue Communication Kit, Confined Space (Con -Space) Model CSI-RES-KIT 1, Part #0103-04-012
for the Urban Search and Rescue Program of the Department of Fire -Rescue. NO SUBSTITUTIONS are
allowed.
3.2. METHOD OF AWARD
Award of this contract will be made to the lowest responsive and responsible bidder meeting Specifications.
Determining responsiveness and responsibility will be based upon the Terms and Conditions and on the
following criteria: (1) lowest unit price; (2) delivery; (3) location of service facility; (4) evaluation of the
information required in the Special Conditions.
3.3. BIDDER QUALIFICATIONS
a) Bids will be considered only from firms that are regularly engaged in the business of providing goods
and/or services as described in this Bid; that have a record of performance 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.
The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well
established industry as determined by the proper authorities of the City of Miami, Florida.
3.4. DELIVERY
Point: All items will be priced and delivered F.O.B. Miami, inside premises, to the following location:
City of Miami
Department of Fire -Rescue
Fire Training Center
Attn: Peter E. Smalley
3425 Jefferson Street
Miami, Florida 33133
3.5. 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. A copy of the
manufacturer's standard warranty must be submitted with bids. Failure to comply wth this provision may
disqualify bids.
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.
3.6. BACK ORDERS
It the successful bidder experiences a back order of items from its distributor, the vendor shall insure that
such back orders are filled within thirty (30) calendar days from the date of the initial delivery. The vendor
shall not invoice the City for back ordered items until such back orders are delivered and accepted by the
City's authorized representative.
98-1016
City of Miami. Florida Special Conditions (Continued) Bid No. 97-98- 11
3.7. WARRANTY, FITNESS FOR PURPOSE
The vendor warrants equipment supplied under this contract conform to specifications herein, and are fit for
the purpose for which such equipment are ordinarily employed: except if -stated in a Special Condition, the
material must then fit that particular purpose. The vendor and the City agrees that orders under this contract
does not exclude, or in any way limit, other warranties, provided in this agreement or by law.
In the event the equipment supplied to the City by the Bidder do not conform to specifications, the City
reserves the right to (1) cancel the order and return such equipment to the Bidder at the Bidder's expense or
(2) require the Bidder to replace the equipment at the Bidder's expense.
3.8. CASH DISCOUNTS
In the event 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 to 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.
3.9. APPROVAL BY EMERGENCY FINANCIAL OVERSIGHT BOARD
The State of Florida has appointed an Emergency Financial Oversight Board ("Oversight Board") which is
empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be
binding on the City until such time as they have been approved by the Oversight Board. Issuance of a
Purchase Order shall constitute evidence of its approval by the Oversight Board.
3.10. INSTRUCTION MANUALS
Contractors shall be required to furnish two (2) user's manuals for each unit ordered up to three (3) units.
One manual for three (3) units ordered shall be supplied for orders in excess of three (3) units. Bulletins,
revisions and corrections shall be supplied for each manual as they are issued by the manufacturer. Each
manual shall contain definitions of equipment capabilities, technical descriptions of equipment operation,
descriptions of malfunction identification and trouble -shooting procedures, and detailed schematic,
installation, and use instructions.
3.11. CERTIFICATIONS
The equipment specified must comply with Consumer Products Safety Commission (C.P.S.C.) safety
requirements or the American National Standards Institute (ANSI) safety standards. Bidders shall submit
certification that the equipment bid complies with these requirements and may be required to provide proof
that the equipment complies with the requirements. Failure to provide certifications may result in the
bidder's disqualification.
3.12. PARTS AND ACCESSORIES
It is mandatory for each bidder to state discounts applicable to parts and accessories, and the minimum order
for free delivery of parts and accessories. One copy of the parts and accessories price list shall be submitted
with the bid. Price lists, however, will not be used in determination of the low bidder.
3.13. PATENTS AND ROYALTIES
The bidder, without exception, shall indemnify and save harmless the City and its employees from liability of
any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented
invention, process, or article manufactured by the bidder. The bidder has no liability when such claim is
solely and exclusively due to the combination, operation or use of any article supplied hereunder with
equipment or data not supplied by the contractor or if such claim is based solely and exclusively upon the
alteration of the article. The City will provide prompt written notification of a claim of copyright or patent
infringement.
2 98 -to -ib
City of Xhami. Florida Special Conditions (Continued) Bid No. 97-98-121
Further, if such a claim is made or is pending, the contractor may, at his expense, procure for the City the
right to continue use of, replace or modify the article to render it non -infringing. (If none of the alternatives
are available, the City will agree to return the article on request to the contractor and receive reimbursement,
if any, as may be determined by a court of competent jurisdiction.) If the bidder uses any design, device, or
materials covered by letters, patents or copyrights, it is mutually agreed and understood without exception
that ithe bid prices shall include all royalties or costs arising from the use of such designs, devices, or
materials in any way involved in the work.
3.14. 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 successful bidder takes necessary
corrective action. The Purchasing Department 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 Department may
authorize the using department to refuse final acceptance of the equipment, in which case the product shall
remain the property of the supplier, and the City shall not be liable for payment for any portion thereof.
3.15. SERVICE
Manufacturers must provide a complete list of delivery and service centers or distributor locations in the State
of Florida by name and address. (Local centers listed must provide trained technicians.)
3.16. DEMONSTRATION
Bidders may be called upon to demonstrate the equipment offered. Such demonstration and inspection shall
be by arrangement with Peter E. Smalley at (305) 446-0722.
3.17. ORDERING INSTRUCTION
Manufacturers are encouraged to bid direct, naming dealers who accept orders and complete deliveries.
Bidders must include complete and detailed ordering instructions.
3.18. SPECIFICATION EXCEPTIONS
Specifications are based on the most current literature available. Bidder shall notify the City of Miami
Purchasing Department in writing, no less than ten (10) days prior to a bid opening, of any change in the
manufacturers' specifications which conflict with the bid specifications. Bidders must also explain any
deviation from the bid specifications in writing as a footnote on the applicable bid page and enclose a copy of
the manufacturer's specifications data detailing the changed item(s) with his bid. Failure of bidders to
comply with these provisions will result in bidders being held responsible for all costs required to bring the
vehicle in compliance with contract specifications.
3.19. TECHNICAL DRAWINGS
Bidders shall supply technical drawings/manufacturer's literature of equipment offered so that the City can
review them before making an award.
3.20. GUARANTEE
Supplier shall guarantee materials and workmanship of all devices to operate within the range of the test
specification for a period of at least one year from date of delivery. Actual warranty and guarantees shall be
explicitly stated. Any device which fails to operate accordingly for the duration of the guarantee period will
be repaired by the participants and the supplier shall furnish without cost, any parts required to place such
defective device in suitable operating condition.
98-1011.6
BIDNUMBER: 9 7 - 9 8 -121
COMMODITY / SERVICE: Rescue Miner', s Boots
DEPARTMENT/CONTACT PERSON: Fire -Rescue Training Center -Peter Smalley
DIRECTIONS TO COMPLETE BID AWARD RECOAUVIENDA710N FORM ON THE REVERSE SIDE:
The top portion of the reverse side of this Bid Award Recommendation Form has been completed by the
Departrnent 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 Mari tz a Fresno of the Bid/Contract Section at 416- 19 0 7 should you have any
questions.
APPROVAL TO FORWARD
TO DEPARTMENT/OFFICE:
Ju
Director of Purchasing
BIDRECOM.DOC 7/17/98 PAGE 1 OF 2
98-10i 19
BID AWARD RECOMMENDATION FORM
BID NUMBER: 9 7 - 9 8 -123 COMMODITY/SERVICE: Rescue Miners Boots
DEPARTMENT / DIVISION: Fire - Rescue
TERM OF CONTRACT. Single Purchase
NUMBER OF BIDS DISTRIBUTED: 33 NUMBER OF BIDS RECEIVED: 5
METHOD OF AWARD: To the lowest most responsive and responsible bidder
meeting specifications.
RECOMMENDED VENDOR(S): STATUS: CONTRACT VALUE:
Personal Safety Equipment Non-Local/Non-Minority $29,800.00
TOTAL: $29,800.00
THE FOLLOWING TO BE COMPLETED BY USER DEPARTMENT:
JUSTIFICATION: The Urban Search v.-id Rescue Program is tasked to work in
confined space locatiu:_s. Rescue Miners Boots are a required
item to work safely and effectively in dangersout situation,
or surroundings where waterproof and/or puncture -proof foot-
wear would be required The purchase of the aforementioned
Miners Boots are 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 all
includes having; the proper equipment to carry out their duties
safely.
ACCOUNT CODE(S): 313826.802801.6650.84029
DEPARTMENT APPROVAL:
Department Director/
Designee
BUDGET REVIEW APPROVAL:
s V'
9'-J�Dipak M. Parekh
Director
PURCHASING APPROVAL:
J dy S. Carter
rector
OTHER FUNDING APPROVALS, IF APPLICABI. YAQ TITLE: P A4iYu;,7-
Xkvv�
PAGE 2 OF 2 00 (� Q —.l0-j dd��
e�tJi6
TABULATIOT4 OF BID
RESCUE MINERS BOOTS: BID NO. 97-98-123
VENDOR Lehigh Safety Shoe Co.
1100 E. Main Street
Endicott NY 13760
Non-Minority/Non-Local
to Description
I Rescue Miners Boot,
as or equal to the
Cove Shoe Company's
Matterhorn Miners Boot
Manufacturer/Model No.
Bidding:
Prepared by Maritza Fresno, 7/23/98
-Qty Unit Extended
Price Price
200 $ 135.00 /e $ 27,000.00
Tatra Shoe of Canada
Brand "LEHIGH" No. 1588
NON-OSPONSIYB- Does Not,
�466t $oecificatibns
Personal Safety Equipment
132 Carlisle Street
Henderson KY 42419
Non-Minority/Non-Local
-QtL. Unit Extended
Price Price
200 S 149.00 /e $ 29,800.00
Cove Shoe Company #12255
Page 1
Safety Solutions, Inc.
6161 Shamrock Ct.
Dublin OH 43016
Non-Minority/Non-Local
(Qt Unit Extended
Price Price
200 $ 155.00 /e $ 31,000.00
Cove Shoe Company # 12242
Approval: � y
Department irector/Designee
TABULATION OF BID
RESCUE MINERS BOOTS: BID NO. 97-98-123
VENDOR Iron Age Corporation
Robinson Plaza Three #400
Pittsburgh PA 15205
Non-Minority/Non-Local
Qty. Unit Extended
to Description Price Price
1 Rescue Miners Boot, 200 $ 165.00 /ea $ 33,000.00
as or equal to the
Cove Shoe Company's
Matterhorn Miners Boot
Manufacturer/Model No. Iron Age #259
Bidding:
Prepared by Maritza Fresno, 7/23/98 Page 2
Global Trading Inc. of Miami
3701 NW 37 Avenue
Miami, FL 33142
Non-Minority/Dade
Qty. Unit Extended
Price Price
200 $ 175.00 /ea $ 35,000.00
#12255
Approval:
Department Director/Designee