Title
MOTION TO RESCIND THE AWARD OF IFB # RE-24-09 "SHADE STRUCTURES AT MAXWELL PARK AND JOSIAS DOG PARK”, FROM SHADE AMERICA, INC. IN THE AMOUNT OF $49,137, AND TO AWARD THE MOST RESPONSIVE/RESPONSIBLE BIDDER, INDUSTRIAL SHADE PORT, INC., IN AN AMOUNT NOT TO EXCEED $58,863.20, WHICH INCLUDES AN OWNER'S CONTINGENCY IN THE AMOUNT OF $5,351.20.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinances is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.15 defines an Invitation for Bid as “A written solicitation for competitive sealed bids with the title, date and hour of the public bid opening designated therein and specifically defining the commodities or services for which bids are sought. The invitation for bid shall be used when the city is capable of specifically defining the scope of work for which a service is required or when the city is capable of establishing 15 precise specifications defining the actual commodities required. The invitation for bid shall include instructions to bidders, plans, drawings and specifications, if any, bid form and other required forms and documents to be submitted with the bid.”
- Section 35.18 of the City's Code of Ordinances is titled "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- Section 35.18(A) states, "A purchase of or contracts for commodities or services that is estimated by the Chief Procurement Officer to cost more than $25,000 shall be based on sealed competitive solicitations as determined by the Chief Procurement Officer, except as specifically provided herein."
- Section 35.19 of the City's Code of Ordinances is titled "SEALED COMPETITIVE BIDDING PROCEDURE."
- Section 35.19(A) states "All sealed competitive solicitations as defined in § 35.18 shall be presented to the City Commission for their consideration prior to advertisement."
- Section 35.19(E) is titled "Bid opening procedure."
- Section 35.21 of the City's Code of Ordinances is titled "AWARD OF CONTRACT."
- Section 35.21(A) of the City's Code of Ordinances is titled "City Commission approval.”
- Section 35.21(A)(1) states, "An initial purchase of, or contract for, commodities or services, in excess of $25,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed."
SUMMARY EXPLANATION AND BACKGROUND:
1. On August 7, 2024, the City Commission authorized the advertisement of IFB # RE-24-09 “Shade Structures at Maxwell Park and Josias Dog Park”, which was advertised on August 14, 2024.
2. The purpose of the solicitation was to provide and install shade structures at Maxwell Park and Josias Dog Park, in accordance with the terms, conditions, and specifications contained in the solicitation.
3. On September 24, 2024, the City opened proposals from the following six (6) vendors listed in ascending order:
|
Vendor |
Total Cost |
|
Shade America Inc.* |
$44,670.00 |
|
Industrial Shade Port, Inc. |
$53,512.00 |
|
Bejar Construction, Inc.* |
$98,450.00 |
|
Sky Living CO, Inc. |
$102,818.50 |
|
Miniopolis, LLC |
$126,000.00 |
|
Trevid Group, LLC |
$149,525.00 |
|
Note - * Designates an alternate submittal. |
|
4. On December 18, 2024, the City Commission awarded IFB # RE-24-09 "Shade Structure at Maxwell Park and Josias Dog Park" to Shade America, Inc. in the amount not to exceed $49,137, which includes a 10% owner’s contingency in the amount of $4,467.
5. Between December 19, 2024, and March 11, 2025, City Staff and Shade America, Inc. engaged in multiple email exchanges regarding their Certificate of Insurance (COI). On March 11, 2025, Shade America, Inc. notified the City that they could not comply with the required insurance provisions due to cost constraints.
6. Given Shade America, Inc.’s inability to meet the City’s insurance requirements, they cannot proceed with the contract.
7. On March 11, 2025, the City confirmed that the second lowest priced vendor, Industrial Shade Port, Inc., could honor their pricing. Industrial Shade Port, Inc.’s submission was vetted, and they were found to be the most responsive/responsible bidder.
8. As a result, the Recreation and Cultural Arts Department along with the Public Services Department recommends moving forward with Industrial Shade Port, Inc.
9. In addition, Industrial Shade Port, Inc., has also completed the Equal Benefits Certification Form and has stated that the "Contractor currently complies with the requirements of this section."
10. Request Commission to rescind the award of IFB # RE-24-09 "Shade Structures at Maxwell Park and Josias Dog Park”, from Shade America, Inc. in the amount of $49,137, and to award the most responsive/responsible bidder, Industrial Shade Port, Inc., in an amount not to exceed $58,863.20, which includes an owner's contingency in the amount of $5,351.20.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $58,863.20, which includes the cost of a 10% owner's contingency in the amount of $5,351.20.
b) Amount budgeted for this item in Account No: $58,863.20 is available in account # 320-572-7001-663998-0000-000-0000-00675 - Improvements - Community Recreation Projects
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project Not Applicable.
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.