Contract with - SA Sportm MIAMI BEACH
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: Purchase and Delivery of Gymnastic Equipment
CONTRACT NO.: 06-09/10
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EFFECTIVE DATE(S): This contract shall remain in effect for one (1) year from date of
contract execution by the Mayor and City Clerk, and may be renewed
by mutual agreement for two (2) additional years, on a year to year
basis.
SUPERSEDES: N/A
CONTRACTOR(S): SA Sport
ESTIMATED ANNUAL CONTRACT AMOUNT: $16,384
A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on January 13, 2010, for approval to award contracts, upon
execution between the City of Miami Beach Florida and Contractor(s).
B. EFFECT -This Contract is entered into to provide for the purchase and delivery of
gymnastic equipment for the City of Miami Beach, pursuant to City Invitation to Bid
(ITB) No. 06-09/10 and any addenda thereto, and Contractor's bid in response thereto
(this Contract, the ITB, and Contractor's bid in response thereto may hereinafter
collectively be referred to as the "Contract Documents").
C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in
accordance with the City of Miami Beach Procurement Division policies and procedures,
at the prices indicated, exclusive of all Federal, State and local taxes.
All blanket purchase orders shall show the City of Miami Beach Contract Number 06-
09/10.
D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any
failure of Contractor for the purchase and delivery of gymnastic equipment according to
the requirements of the Contract Documents to Kevin Smith, City of Miami Beach, Parks
and Recreation Director at 305-673-7000 ext. 6643.
E. INSi1RANCE CERTIFICATE(S) -The Contractor shall file Insurance Certificates, as
required, which must be signed by a Registered Insurance Agent licensed in the State of
Florida, and approved by the City of Miami Beach Risk Manager prior to delivery of
supplies, and/or commencement of any services/work by Contractor.
Certification of Contract
F. ASSIGNMENT AND PERFORMANCE -Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by either party without the prior written
consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or
any portion of work, and/or services required by the Contract Documents without the
prior written consent of the City. Contractor warrants and represents that all persons
providing/performing any supplies, work, and/or services required by the Contract
Documents have the knowledge and skills, either by training, experience, education, or a
combination thereof, to adequately and competently provide/perform same, to City's
satisfaction, for the agreed compensation.
Contractor shall provide/perform the supplies, work, and/or services required under the
Contract Documents in a skillful and respectable manner. The quality of the Contractor's
performance and all interim and final product(s) provided to or on behalf of City shall
meet the City's cleanliness standards for City facilities and parking garages.
G. SERVICE EXCELLENCE STANDARDS -Excellent Customer Service is the standard
of the City of Miami Beach. As a Contractor of the City, Contractor will be required to
conduct itself in a professional, courteous and ethical manner, and at all times and adhere
to the City's Service Excellence standards. Training will be provided by the City's
Organizational Development and Training Specialist.
H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section
287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other
provider, 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
the City, may not submit a bid on a contract with the City for the construction or repair of
a public building or public work, may not submit bids on leases of real property to the
City, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with the City, and may not transact any business with the City
in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed on the
convicted vendor list. Violation of this section by Contractor shall result in cancellation
of the Contract and may result in Contractor debarment.
I. INDEPENDENT CONTRACTOR -Contractor is an independent contractor under this
Contract. Supplies, work, and/or services, provided by Contractor pursuant to the
Contract Documents shall be subject to the supervision of Contractor. In providing such
supplies, work, and/or services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties a
partnership or joint venture.
J. THIItD PARTY BENEFICIARIES -Neither Contractor nor City intends to directly or
substantially benefit a third party by this Contract and/or the Contract Documents.
Therefore, the parties agree that there are no third party beneficiaries to this Contract and
that no third party shall be entitled to assert a claim against either of them based upon this
Contract and/or the Contract Documents.
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Certification of Contract
The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Contract and/or the Contract
Documents.
K. NOTICES -Whenever either party desires to give notice to the other, such notice must be
in writing, sent by certified United States Mail, postage prepaid, return receipt requested,
or by hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
For City:
Gus Lopez, Procurement Director
City of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
Kevin Smith, Parks and Recreation Director
Citv of Miami Beach
Parks & Recreation Administration
2100 Washington Avenue
Miami Beach, Florida 33139
For Contractor:
SA Sport
4608 Fairlane Avenue
Forth Worth, TX 76119
Attn: Terry Williams, Sale Director
Phone: 817-536-3366
Fax: 817-536-3006
Email: twilliams(a~sasportusa.com
L. MATERIALITY AND WAVER OF BREACH -City and Contractor agree that each
requirement, duty, and obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
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M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
N. APPLICABLE LAW AND VENUE -This Contract and/or the Contract Documents shall
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either
party with respect to the enforcement of any or all of the terms or conditions herein
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Contract, Contractor and City hereby expressly waive any rights
either party may have to a trial by jury of any civil litigation related to, or arising
out of the Contract and/or the Contract Documents. Contractor, shall specifically
bind all subcontractors to the provisions of this Contract and the Contract
Documents.
O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions
contained herein, or in the Contract Documents, shall be effective unless contained in a
written document prepared with the same or similar formality as this Contract and
executed by the City and Contractor.
P. This Contract shall not be effective until all bonds and insurances) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
Q. The ITB and all addenda issued, and Contractor's bid in response thereto, are attached to
this Contract and are hereby adopted by reference and incorporated herein as if fully set
forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any
and all of the documents incorporated by the Contract Documents. Where there is a
conflict between any provision set forth within (i) this Contract; (ii) the ITB; (iii)
Contractor's bid in response thereto, the more stringent provision (as enforced by the
City) shall prevail.
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Certification of Contract
IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to
be signed and attested on this ~ s' day of ~=F'6~ 20~c; by their respective duly
authorized representatives.
CONTRACTOR
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ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts To SA Sport, And Lightning City Gymnastics; Pursuant To
Invitation To Bid (ITB) No. 06-09/10 For The Purchase And Delivery Of Gymnastic Equipment, In The
Estimated Annual Amount of $26,887.00 To Be Installed In The All Purpose Room As Part Of The Original
Sco e Of The Scott Rakow Youth Center Phase II Construction.
Ensure
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Survey indicated that 84% of
residents surveyed felt that recent capital improvement projects were either excellent or good. And
81% of residents and 77% of businesses rated the appearance of public facilities as excellent or
Issue:
Shall the Mayor and City Commission approve the award of contracts?
The purpose of this ITB is to establish contract(s) by means of sealed bid, for the purchase and delivery of
gymnastic equipment, on an as needed basis, with responsive and responsible vendor(s) at the lowest
possible cost.
The City has the option to award to multiple vendors by bid group or groups to achieve the best unit and
total cost for the City. The Contracts shall remain in effect for one (1) year from date of contract execution
by the Mayor and City Clerk, and maybe renewed by mutual agreement for two (2) additional years, on a
year- to-year basis.
Based on the analysis of the bids received, it is recommended that contracts be awarded to SA Sport, and
to Lightning City Gymnastics, as indicated in the attached Bid Tabulation sheet.
APPROVE THE AWARD OF CONTRACTS.
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Source of auvu.
Amount
Account
Funds: ~ $26,887.00 Parks and Recreation Capital Account 302-2513-000674
previously appropriated as part of the Scott Rakow Youth
Center Phase II construction.
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Financial Impact Summary:
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COMIJtISSl01~1 i~tEMORAhJDUNI
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: January 13, 2010
SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO SA SPORT, AND
LIGHTNING CITY GYMNASTICS; PURSUANT TO INVITATION TO BID (ITB) NO.
06-09/10 FOR THE PURCHASE AND DELIVERY OF GYMNASTIC EQUIPMENT, IN
THE ESTIMATED ANNUAL AMOUNT OF $26,887.00 TO BE INSTALLED IN THE
ALL PURPOSE ROOM AS PART OF THE ORIGINAL SCOPE OF THE SCOTT
RAKOW YOUTH CENTER PHASE 11 CONSTRUCTION.
ADMINISTRATION RECOMMENDATION
Approve the Award of contracts.
BID AMOUNT AND FUNDING
$ 26,887.00 Funding is available from the Parks and Recreation Capital Account
Number 302-2513-000674 previously appropriated as part of the Scott
Rakow Youth Center Phase II construction.
ANALYSIS
The purpose of Invitation to Bid No. 06-09/010 (the "Bid) is to establish a contract by
means of competitive sealed bids, for the purchase and delivery of gymnastic equipment
for the City of Miami Beach Parks and Recreation Department, on an as needed basis,
from a source of supply that will provide prompt and efficient service at the lowest
possible cost. The equipment is to be installed in the all purpose room of the newly
renovated Scott Rakow Youth Center.
The awarded contracts shall remain in effect for one (1) year from date of contract
execution by the Mayor and City Clerk, and may be renewed by mutual agreement for
two (2) additional years, on a year to year basis.
The Bid was issued on October 23, 2009, with an opening date of November 20, 2009.
Bidnet issued bid notices to 29 prospective bidders, and BidSync issued bid notices to
24 prospective bidders. Additionally, the Procurement Division sent the notices to six (6)
prospective bidders. The notices resulted in the receipt of six (6) bids, from the following
firms: SA Sport; Gibson Inc; Lightning City Gymnastics; Cannon Sports, Inc.; Sport
Supply Group Inc., dba BSN Sports; and SportimelSchool Specialty.
January 13, 2010
Commission Memorandum
ITB 06-09/10
The lowest and best bids were received from SA Sport and Lightning City Gymnastics. A
sample of the proposed catalog was submitted by SA Sport and Lightning Ciry
Gymnastics and approved by Parks and Recreation Department.
Based on the analysis of the six (6) responsive bids received, it is recommended that the
City Commission approve contract awards to SA Sport and Lightning City Gymnastics
based on the lowest and the best bid received for each line item.
SA Sport had submitted a low bid for the following line items: vault runway, coil steel
spring; foam perimeters; flexi-roll, and training mats, and has agreed to enter into a
contract for these line items only. Lightning City Gymnastics had submitted a low bid for
the following line items: vault table with column padding, velocity board, level 4 vault mat
system and performance series ISL comp bean, and has agreed to enter into a contract
for these line items.
The Parks and Recreation Department estimate is $35,000. By awarding the contracts
by lowest line items instead of lowest total bid, the city realizes a cost savings of $2,244,
with a proposed purchase cost which is $8,113 lower than the department estimate.
CONCLUSION
Based on the analysis of the six (6) responsive bids received, the Administration
recommends that the Mayor and City Commission accept the City Manager's
recommendation and approve contract awards to the subject bidders based on the
lowest and best bids received, as determined in the attached tabulated results.
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Florida Online Bid System Page 1 of 1
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The following amendments aze attached to solicitation number ITB-06-09-10 posted by City of Miami Beach. To view any of
ilrese att<tctuncnis use the links below.
Original Solicitation [zzformation
ITB Title: Purchase and Delivery of Gymnastic Equipment
ITB Number: ITB-06-09-10
Original Deadline: 11/20/2009 prior to 3:00 PM E.S.T.
Purchasing Ageut: Ms. Shirley Thomas (305) 673 - 7490, shirle~ thvnzas(r_2.•uEiauEft~achfl.gv~
List of Amendments
3,izz'r.- t~, Azndnetnscut ~ 1 Issued 11 /05/2009
3:clurn tv t1Ee Notice IEel:urn tv 14!€xin t€enu
https://www.govbids.com/scripts/panhandle/Admin_panhandle/Library_Local/Addendums... 1 /20/2010