Mercedes Electric Supply, Inc.m MIAMIBEACH
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: Purchase of El ctrical Supplies
CONTRACT NO.: 48-06/07
cam
a/i~o~
EFFECTIVE DATE(S): February 13, 2008 through February 12, 2009, with three (3)
additional one (1) year renewal options.
SUPERSEDES: 12-02/03
CONTRACTOR(S): Mercedes Electric Supply, Inc.
ESTIMATED ANNUAL CONTRACT AMOUNT: N/A
A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on February 13, 2008, 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 electrical supplies for the City of
Miami Beach, pursuant to City Invitation to Bid (ITB) No. 48-06/07 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 (48-
06/07), with the current expiration date of February 12, 2009, 2010, 2011, or 2012 as
applicable.
D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any
failure of Contractor to provide electrical supplies according to the requirements of the
Contract Documents to Michael Alvarez, City of Miami Beach Public Works Assistant
Director at 305-673-7000 ext. 6629.
E. INSURANCE 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.
CITY CLERK
Page 2
Certification of Contract
F. ASSIGNMENT AND PERFORMANCE -Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by either party. In addition, Contractor
shall not subcontract any portion of the supplies, work and/or services required by the
Contract Documents. 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 Contractor's
performance and all interim and final product(s) provided to or on behalf of City shall be
comparable to the best local and national standards.
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.
2
Page 3
Certification of Contract
THIRD 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.
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:
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Gus Lopez, Procurement Director
With copies to:
Michael Alvarez
Public Works, Assistant Director
Public Works Department
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Mercedes Electric Supply, Inc.
8550 N.W. South River Drive
Miami, Fl 33156
Attn: Mercedes C. LaPorta
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.
3
Page 4
Certification of Contract
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.
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.
4
Page 5
Certification of Contract
IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to
be signed and attested on this o?3 aD day of ~L- 2008 , by their respective duly
authorized representatives.
APPROVED AS TO
FORM & LANGUAGE
CONTRACTOR
By~
President/ Signature
CITY OF MIAMI BEACH
By
Mayor
~R~~ S ~' C~P~~~
Print Name
ATTEST:
~~
cretary/ Signature
Print Name
Matti Herrera Bower
ATTEST:
City Clerk
Robert Parcher
~ F ELUTION
3 !~ n
Attome Dat
F:\PURC\$ALLUGHN\BIDS\06-07\ITB48-06-07Certification of Contract#l.doc
5
COMMISSION ITEM SUMMO,RY
n.....1........A TMs.
VV~~M6~~.7t7V ~tMV.
Request For Approval to Award Contracts to Various Vendors Pursuant to Invitation to Bid (ITB) No. 48-
'i 06/07, For The Purchase of Electrical Supplies, In The Estimated Total Annual Amount of $ 625,000.
-ey Intended Outcome Supp<
Ensure Well-Maintained Facilities
nsure Welt-Maintained
Supporting Data (Surveys, Environmental Scan, etc.): The Community Satisfactory Survey
indicates that 31 % of businesses said that there is not enough street lighting at night; residents most
commonly mentioned street lights as safety factor. The internal Support Function Survey said 50.8%
of employees rated their overall satisfaction of routine facility maintenance as excellent or good.
Issue•
Shall the Ma or and Ci Commission a rove the bid award?
Item Summa /Recommendation:
The purpose of Invitation to Bid No. 48-06-07 (the "Bid") is to establish contracts based on a percentage
discount off manufacture's catalog for the supply of electrical parts and supplies to the City of Miami
Beach, on an as needed basis. Issuance of purchase orders will be based on the bidder's pricing and
availability at time need arises.
The Bid was issued on September 12, 2007, with an opening date of October 25, 2007. Apre-bid meeting
to provide information to the electrical suppliers submitting a response was held on September 28, 2007.
BidNet issued bid notices to 39 prospective bidders, RFPDepot issued bid notices to 74 prospective
bidders, and 26 bidders were notified via mail, a-mail, and fax transmission, which resulted in the receipt of
six (6) bids.
The User Group convened on January 16, 2008 to further review to responsive bids. It is the
Administration's recommendation that it would be in the City's best interest award contracts to all
responsive bidders: Graybar Electric; Condo Electric Industrial Supply, Inc; Global Electric & Lighting
Supply, Inc; South Dade Electrical Supply, Inc; and Mercedes Electric Supply, Inc
RECOMMENDS APPROVING THE AWARD OF CONTRACTS
C:Newwial IN~'ArM9+iAff
~ ~~~Q~~V~q~ ^~~.V•..•
Source of YMV•••
Amount
Account
Funds: 1 $ 50,000 Public Works Department Water Account No. 425-0410-000342
{ 2 $ 50,000 Public Works Department Sewer Account No. 425-0420-000342
3 $300,000 Public Works Department Streetlights Account No. 011-9407-
000342
4 $225,000 Property Management Account No. 520-1720-000342
OBPI Total $625,000
Financial Impact Summary:
Clerk's Office Legislative_Tracki
Si n-0ffs•
'Department Director Assistant anager City alter
GL RC JMG .
T:IAGENDA12008~February 13\ConsentUT6-48-06-07 Purchase of eiectncai ~uppi~es- summary.aoc
AtI:ENDA ITEM e~~r-
M iAil~ ~~~~ ~ DATE Z- t 3'"'Og
41
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SATE: February 13, 2008
SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO VARIOUS
VENDORS PURSUANT TO INVITATION TO BID NO. 48-06/07, FOR THE
PURCHASE OF ELECTRICAL SUPPLIES, IN THE ESTIMATED ANNUAL
AMOUNT OF $625,000.
ADMINISTRATION RECOMMENDATION
Approve the award of contracts.
FUNDING
Funds in the amount of $ 625,000 are available from the budgeted accounts of Public Works
Department and Property Management Division as follows:
$ 50,000 from Public Works Department Water Account No. 425-0410-000342
$ 50,000 from Public Works Department Sewer Account No. 425-0420-000342
$300,000 from Public Works Department Streetlights Account No. 011-9407-000342
$225,000 from Property Management Account No. 520-1720-000342
ANALYSIS
The purpose of Invitation to Bid No. 48-Oi5~7 (the "Bide) is to establish contracts based on a
percentage discount off manufacture's catalog for the supply of electrical parts and supplies
to the City of Miami Beach, on an as needed basis. Issuance of purchase orders wilt be
based on the bidder's pricing and availability at time need arises.
The commodities to be purchased from this contract shall include but not be limited to
conduit fittings, conduit bodies, boxes, raceways, ducts, enclosures, wiring devices, wire,
cable and accessories, circuit breakers, panel boards, splicing materials, emergency
lighting, fuses and accessories, meters, transformers, capacitors, controls, resistors, relays,
timers, jacket plugs, sockets, transistors, LEDs, and all other related materials that may be
required during the term of this contract.
The Bid was issued on September 12, 2007, with an opening date of October 25, 2007. A
pre-bid meeting to provide information to the electrical suppliers submitting a response was
held on September 28, 2007. BidNet issued bid notices to 39 prospective bidders, RFP
Depot issued bid notices to 74 prospective bidders, and 26 bidders were notified via mail, e-
mail, and fax transmission, which resulted in the receipt of following six (6) bids:
42
Commission Memorandum - ITB-48-06107
February 13, 2008
Page 2 of 4
1. CONDO ELECTRIC INDUSTRIAL SUPPLY, INC
2. MERCEDES ELECTRIC SUPPLY, INC
3. GLOBAL ELECTRIC & LIGHTING SUPPLY, !NC
4. REXEL ELECTRICAL AND DATACOM PRODUCTS
5. GRAYBAR ELECTRIC
6. SOUTH DADE ELECTRICAL SUPPLY, INC
The responsiveness test performed by the Procurement Department resulted in Rexel
Electrical and Datacom Products being deemed non-responsive because they failed to
provide cost information.
The following individuals (the "User Group°) convened on January 16, 2008 to further review
the responsive bids and make a recommendation.
• John Kranick, Street/Storm Water Superintendent, Public Works Department
• Marvin Sarria, Electrical Supervisor, Public Works Department
• Martha Torres, Warehouse Supervisor, Public Works Department
• Julian Perez, Plumbing Operator Supervisor, Public Works Department
• John Gresham, Electrical Supervisor, Property Management
Julian Perez was unable to attend the meeting; however, a quorum was obtained.
Pursuant to Section 2-369 of the Miami Beach City Code, the City shall award the contract to
the lowest and best bidder. In determining the lowest and best bidder, in addition to price,
the User Group considered the following Evaluation Criteria to rank the bidders:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified,
without delay or interference.
c. The character, integrity, reputation, judgment, experience and
efficiency of the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and
ordinances relating to the Contract.
The User Group discussed their individual perceptions of the bidder's qualifications,
experience, competence, facilities, and ranked the bidders being evaluated accordingly. It
was the user group's overall opinion to be in the best interest of the City to recommend
several suppliers companies in order to obtain the maximum flexibility to fulfill the
department needs based on the vendors pricing and availability of materials at the time
need arises.
A motion was presented by John Gresham and unanimously approved by all User Group
members for the following supplier to be recommended for potential award of contract for the
acquisition of electrical supplies for the City of Miami Beach. The final ranking was as
follows:
43
Commission A~lemorandum -1TB-48-06/07
February 73, 2008
Page 3 of 4
RANKING ORDER
1. SOUTH DADE ELECTRICAL SUPPLY, INC
2. MERCEDES ELECTRIC SUPPLY, INC
3. GRAYBAR ELECTRIC
4. CONDO ELECTRIC INDUSTRIAL SUPPLY, INC
5. GLOBAL ELECTRIC & LIGHTING SUPPLY, INC
It was the User Group's overall opinion to exclude Global Electrical Lighting Supply from the
recommendation due to their inventory size and the availability of having only one truck for
delivery. The User Group members were hesitant of the ability or capacity of this company to
fulfill the City's needs.
The Administration's due diligence has revealed that Global Electrical Lighting Supply
currently works with large departments within Miami-0ade County being able to successfully
fulfill their needs with an overall average rating of 10. Following are some of the comments
obtained through the Performance Evaluations Surveys filled out from clients of Global
Electrical Lighting Supply:
• Miami-Dade County Transit Department- $30,000 in services
"Global has performed very well in serving our department"
• Miami-Dade County Aviation Department -over $500,000 in services
"One of the best vendors when it comes to prompt service"
• Miami-Dade County Seaport Department - $30,000 in services
"Never had any problem with any aspect of performance"
• E & C Electrical Services, Inc - $55,000 in services
"Excellent service and professionalism"
• Miami-Dade County Parks 8~ Recreations Department-$50,000 in services
"Very good service'; "They arts always willing to assist and
comply with our r+equesfs"
• Miami-Dade County Water & Sewer Department- $50,000 in services
"Excellent follow up on orders, always ship exact items
requested. Always deliver on crunch time".
Therefore, it is the Administration recommendation that it would be in the City's best interest
to award contracts to all responsive bidders. In this manner, the City can avail itself as
needed of both the best item price and the availability on any of the many items used
throughout the year.
44
Commission Memowandum -ITB-48-06/07
February 73, 2008
PageQof4
Responsive Bidders:
GRAYBAR ELECTRIC
CONDO ELECTRIC INDUSTRIAL SUPPLY, INC
GLOBAL ELECTRIC & LIGHTING SUPPLY, INC
SOUTH DADE ELECTRIGALSUPPLY, INC
MERCEDES ELECTRIC SUPPLY, INC
Based on the aforementioned, the Administration recommends that the City award contracts
to the aforementioned suppliers for the purchase of electrical supplies pursuant to ITB No.
48-06/07.
T:WGENDA\2008\February 13\Consent\Purchase of Electrical Supplies.doc
45