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HomeMy WebLinkAboutR-84-0418J-84-174 3/8/84 rr/D-5 RESOLUTION NO. 84-41.15_ A RESOLUTION ACCEPTING AND RATIFYING THE FINDING OF THE CITY MANAGER AND THE PURCHASING AGENT THAT FILM DISTRIBUTORS OF AMERICA, INC. FAILED TO FURNISH THE REQUIRED PERFORMANCE BOND UNDER THE CONTRACT IN THE AMOUNT OF $51,500, FOR PHOTOGRAPHIC SUPPLIES; FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE THE NECESSARY LEGAL ACTION IN ORDER TO RECOVER ALL OR PART OF THE CITY'S COSTS RESULTING FROM SUCH FAILURE ON THE PART OF FILM DISTRIBUTORS OF AMERICA, INC.; FURTHER AUTHORIZING THE PURCHASE OF PHOTOGRAPHIC FILM AND SUPPLIES (FOR OTHER THAN GRAPHIC ARTS APPLICATION) AS NEEDED FROM PITMAN PHOTO, INC. UNDER A CURRENTLY EFFECTIVE METROPOLITAN DADE COUNTY CONTRACT FOR VARIOUS CITY DEPARTMENTS AT A TOTAL PROPOSED COST OF $51,500 WITH FUNDS THEREFOR PREVIOUSLY ALLOCATED UNDER RESOLUTION NO. 83-1118, ADOPTED 1)ECf-M131R H, 1 9 8 3 ; FURTHER AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS, SUBJECT TO THE AVAILABILITY OF FUNDS. WHEREAS, various City departments must use film photographic supplies in their operations, such as fire and criminal investigations, insurance claims settlement, and site planning and design; and WHEREAS,pursuant to public notice, sealed bids were received June 3, 1983 and contracts were duly awarded on December 8, 1983 by Resolution No. 83-1118 to Film Distributors of America, Inc. and Pitman Photo, Inc. for furnishing Photographic Supplies, as needed, on a contract basis to various City departments; and WHEREAS, one contractor, Film Distributors of America, Inc., has failed to furnish the required performance bond; and WHEREAS, the City Manager and the Purchasing Agent find that, after having been duly notified of the award of the contract by Resolution No. 83-1118 and after having been duly presented with the contract documents for signature, Film CITY COMMISSION MEETPN'G OF APR 5 1964 Distributors of America, Inc. failed to furnish the required performance bond in accordance with the awarded bid requirements; and WHEREAS, these materials will be used by various City departments and primarily the Department of Police, for the purposes of gathering evidence and processing suspects; preparing and settling insurance claims; site planning and the like; and WHEREAS, there is a currently effective Metropolitan Dade County Contract No. 9788 with Pitman Photo, Inc. for regular Photographic Film and Supplies; and WHEREAS, said firm's bid constitutes a responsible and responsive bid that meets the City's requirements for these herein material that are not being supplied by Film Distributors of America, Inc.; and WHEREAS, the City Manager and the Purchasing Agent recommend that the purchase of these materials from Pitman Photo, Inc. be approved; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The finding of the City Manager and the Purchasing Agent that Film Distributors of America, Inc. has failed to furnish the required performance bond in accordance with the awarded hid for Photographic Film Supplies in the amount of $51,5000 is hereby accepted and ratified. Section 2. The City Attorney is hereby authorized to take the necessary legal action in order to recover all or part of the City's cost resulting from such failure on the part of Film Distributors of America, Inc. Section 3. The purchase of Photographic Film and Supplies from Pitman Photo, Inc., under a Metropolitan Dade County Contract, for various City departments at a total proposed cost of $51,500 is hereby approved using funds therefor previously allocated under Resolution No. 83-1118, -2- 84-41F 11 11 adopted December 8, 1983. Section 4. The City Manager is hereby authorized to instruct the Purchasing Agent to issue Purchase Orders for the herein materials, subject to the availability of funds. PASSED AND ADOPTED this 5th day of April , 1984. ATTEST: 4 U.UNGIL, CITY U c5PP PREPARED AND APPROVED BY: ZC6,� A.- ROBERT F. F DEPUTY CITY ATTORNEY Maurice A. Ferre APPROVED AS TO FOR11 AND CORRECTNESS: 5 U A C-T - -TUR U5 ITY ATTORNEY w3 w + Amok CITY OF MIAMI, FLORIDA - ' INTER -OFFICE MEMORANDUM TO. Mr. Howard V . Gary DATE: February 21, 1984 FILE: City Manager SUBJECT: Recommendation for Resolution FROM: A. L. Mullins REFERENCES: � Purchasing Agent ENCLOSUREs: Resolution and Tabulation It is recommended that a resolution be passed rescinding an award to Film Distributors of America, Inc. under Resolution No. 83-1118, and authorizing the purchase of Film and Supplies a> needed and on a Contract Basis for various; City Departments from Pitman 11101:0, Inc. unJej- a currcntl�r effc�ct�.vc P`ct r npc� 1 { _�r7 Dad( Coi3nt, Contract, at a total. cc)"-A-1 037 , 500. 00. Pursuant to public notice, -001ed hi_d:, %',care received June 3, 1983 for furnishing Photographic Supplies as needed. City -Wide, on a Contract Basis for one (1) year. Resolution No. 83-1128 passed on December 8, 1983 duly awarded said contract to Pitman Photo, Inc. in the proposed amount of $18,500.00 (for Graphic Arts supplies) and to Film Distributors of America, Inc. in the proposed amount of $51,500.00. The portion of the contract awarded to Film Distributors of America has been cancelled for the following reasons: 1) Failure to provide a Performance Guarantee. 2) Failure to make weekly contact with requesting departments for the purpose of taking orders, as agreed. 3) Failure to respond to repeated requests for compliance to contract terms. With this contract partially cancelled the need exists for a con- tinuous source of supply for Photographic Film, paper, chemicals and the like. There is a currently effective Metropolitan Dade - County Contract, No. 9788, with Pitman Photo, Inc. for Photographic Supplies of the types in use by various City Departments. n Mr. Howard V. Gary February 21, 1984 Page 2 of 2 Pricing available under the County Contract compares favorably to the bids received by the City. Photographic Supplies may be purchased by all City departments on an as needed basis, but are most vital to the operation and evidence gathering of the Photographic Lab and Criminal Investiqation Section of the Department of Police. Other using departments are Fire, Rescue and Inspection Services, Public I,orks, Ri z;k I,Ial7 gement Division of Finance-, and Planning. Building and Vehicle ilaintenance-Pri.;7t Shop twill continue: to purchase- required graphic arts film, paper and chemical:. from P-itman Photo under the currant: City Contract. Funds for this purchase are available in t_he 1983-84 Operating Budgets of the requesting departments. The above recommendations meet the requirements of the Department of Police and approval is recommended. Director Date