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Bound Tree Medical, LLC MIAMIBEA CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Catalog, Discount Bid for Medical Supplies CONTRACT NO.: 13-11/12 EFFECTIVE DATE(S): This Contract shall remain in effect for four (4) years from date of Contract execution by the Mayor and City Clerk and may be renewed, at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year term. SUPERSEDES: ITB No. 32 -05/06 CONTRACTOR(S): Bound Tree Medical, LLC '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 May 9, 2012, . for approval .to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT - This Contract is entered into to provide for the purchase of Medical Supplies for the Fire Department, pursuant to City Invitation to Bid No. 13- 11/1.2 and any addenda thereto (the ITB), 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 13- 11/12. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to Javier Otera, City of Miami Beach, Fire Department Chief - at 305 - 673 -7000 ext. 2803. 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. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor 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. 1 Certification of Contract 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, or services 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) and /or work provided 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 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. 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. 2 Certification of Contract 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 Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach Florida 33139 For Contractor Bound Tree Medical LLC 5000 Tuttle Crossing Blvd Dublin, Ohio 43016 Attn: Heather Legg Phone: 1- 800 - 533 -0523- ext. 5235 Fax: 1- 800 - 257 -5713 E -mail: heather.leggnboundtree.com L. MATERIALITY AND WAIVER 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. 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. 3 Certification of Contract 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 insurance(s) required under the Contract Documents have been submitted to, and approved by, .the City's Risk Manager. Q. The ITB 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; and /or (iii) Contractor's bid in. response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this / 3 day of SAX 20 by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH I i By BY l e t/Si nature Vic-e-- Wayor Jerry Libbin Jeff Prestel - "��- Pri Name Date Date ATTEST: ATTEST: 14wl� Z Ne retary/ gnature City Clerk Mark Dougherty Print Name Date E3 Date = INCORP ORATED F:\PURC1$ ALL \SHIRLEY\contracts\]TB- 13 -11 -12 Bound Tree.doc APPROVED AS TO FORM & LANGUAGE & z f ` Date .5 i I COMMISSION ITEM SUMMARY Condensed Title: Request For Approval to Award.Contracts to Midwest Medical Supply; Bound Tree Medical LLC; Physio- Control, Inc.; Zoll Medical Corporation; Henry Schein Inc.; Vidacare Corporation; Quadmed, Inc. and Guardian'Ems Products, Pursuant to Invitation to Bid No. 13- 11/12, for the Purchase of Medical Supplies in the Estimated Annual Amount of $263,400, Xey Intended Outcome'Su orted: Increase Resident Rating of Public Safety Services. Issue: Shall the City Commission - a rove the award of contracts Item Summa /Recommendation: The - purpose of Invitation to Bid No, 13 -11/12 (the Bid) is to establish an agreement, by means of competitive sealed bids, for -the purchase of Medical Supplies as specified in the bid documents, on an as needed basis.The contract shall remain in effect for four (4) years from date of contract execution by the Mayor and City Clerk and may be renewed by mutual agreement for two (2) additional one (1) year terms, -:if approved by the City Managers. Midwest Medical Supply, ( "Midwest") • Bound Tree Medical, LLC ('Bound ") • Henry Schein Inc., ( "Henry') • QuadMed, Inc., ( "QuadMed ") • Physio- Control, Inc ( "Physio ") • Zoll Medical Corporation ( "Zoll ") • Guardian EMS Products ( "Guardian ") • Vidacare Corporation ( "Vidacare'') A City Review Panel consisting of Captain Tom Samperi and Fire Division Chief Ray Morris reviewed.and evaluated the bids received. After completing their review and subsequent evaluation, they unanimously recommend all - -the following companies: Midwest Medical Supply, Bound Tree Medical, LLC, Henry Schein, Inc., QuadMed, Inc., Physio - Control, Inc.,'Zoll Medical Corporation, Guardian EMS Products, and Vidacare Corporation. . The 'Fire .Department has :budgeted .$263,400 for medical supplies for Fiscal Year .2011/2012.:. :Expenditures..to -date this fiscal year are $128,965.80. Therefore, the requested balance for FY 11/12 is $134A34:20. APPROVE THE AWARD OF CONTRACTS .Adviso Board'Recommendation: N/A 'Financial Information: Source of Amount Account Funds: 1 $134,434.20 011- 1220 - 000343 - Total :$134,434.20 :0131 `Financial Im act'Summa r y: City Clerk's Office Legislative Tracking: Raul Aquila Sign-Oft: Qap ent Director Assistant City M g City Manager JO PD JMG ' . T, AGE Nn4900 6\ nct110% mr! se ntVTFLR ?- 05- n 1-'� 1' Agenda Item, .0 Q p S - Date '-- — 2_ 25 MIAMBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov. COMMISSION MEMORANDUM 'TO: Mayor Matti Herrera Bower and Members of the City - Commission FROM: City Manager Jorge M. Gonzalez DATE: May 9, 2012 SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO. MIDWEST MEDICAL SUPPLY, LLC; :BOUND TREE 'MEDICAL, LL'C; 'PHYSIO- CONTROL, INC.; ZOLL MEDICAL CORPORATION; VIDACARE CORPORATION; HENRY SCHEIN, -'INC.; QUADMED,:INC. ;.AND GUARDIAN EMS PRODUCTS, PURSUANT TO INVITATION TO BID (ITB) "NO. 13- 11/12; FOR THE PURCHASE OF MEDICAL SUPPLIES, IN THE ESTIMATED ANNUAL AMOUNT OF $263,400. ADMINISTRATION RECOMMENDATION Approve the award of = contracts. KEY INTENDED OUTCOME SUPPORTED Increase Resident Rating of Public Safety Services FUNDING The Fire Department has budgeted $263,400 for medical supplies for 'Fiscal Year 20111202. Expenditures to date this fiscal year ;are $128,965.80. 'Therefore, . requested balance for FY 11/12 is $134,434.20. ANALYSIS The City's Rescue Division of the Fire;Department needs qualified vendor (s) for'the supply and delivery of medical supplies. Due to the ,public safety function of the Rescue Division, the successful vendors must have :a good record of dependability and -be -able to provide delivery of supplies in a timely manner :after receipt of -Order. During emergency contingencies, such as 'pandemics, 'floods, hurricanes, etc, the successful vendors (s) must be capable of continuing delivery of medical supplies. The purpose of,lnvitation to=Bid No, - 13- 11/12 (the Bid) is to-establish an agreement, bye means of competitive sealed bids, for - the -.purchase :of medical supplies .as :specified in - the bid documents, on an as needed - basis. This - contract shall remain in effect for four (4) years from date of - contract execution by :the Mayor and City .Clerk and may be renewed, by mutual, agreement for two (2) additional one (1) year terms, if :approved by the City Manager. BID PROCESS The'Bid was issued on February 2, .2012 with an opening -date of March .30, 2012. A bid conference -to provide information - to - prospective contractors was held on February 29, 2012. 2.6 Commission Memorandum May 9, 2012 1T1313 -11 -12 Bidnet issued bid notices to thirty -two (32) prospective bidders. Additionally, the `Procurement Division .sent notice to five (5) prospective bidders. These notices resulted in the receipt of eight (8) bids from the following firms: Midwest Medical Supply; Bound Tree Medical, :LLC; Henry 'Schein Inc.; QuadMed, Inc.; Physio- Control, Inc.; .loll Medical .Corporation; Guardian EMS; Products and Vidacare Corporation: On :April 4, 2012 the -Procurement Division sent the -bid submissions to the following individuals for evaluation: Thomas Samperi, Fire Captain Raymond Morris, 'Fire Division Chief The individuals evaluated the eight (8) bids received. The highest percentage discount was submitted 'by Midwest Medical Supply and Bound Tree Medical, LLC. The Fire Department reserves1he right to purchase or not purchase from the catalog. It will be up to the City to determinewhich'company offers the lowest cost, responsive service and ,provides the most efficient turnaround time for -the items needed. BID RESULTS `The bid results are attached ' CONCLUSION :Based on'the,analysis of the bids received, the Administration: recommends that the City award contracts - .to the multiple vendors pursuant to Invitation to Bid (ITB) No. 13- 11112, for the Purchase of Medical Supplies in the estimated:annual amount of $263 for the 'Rescue Division of the Miami Beach fire Department. TAAGENDAl2012MAAY 091713- 13 -11 -12 Memo.doc C O O f0 i f0 2 C a Lo �V Z69Q i N W U (/) C c�w a` � O (V Sc O EL O 0 (Al d co O o° .- oo ca yyO O N , L a U �? C N 41 � r d N 0 ui cn d U = C co cu r M O J r �'J 7 ~ O (D 69 Co 0 _U) o O ` D U N O N O ) .J N V5 a (, W ` . o a Z O co o f �. ov o�E U c O ~ ' ao U 28 CATALOG DISCOUNT BID FOR MEDICAL SUPPLIES sI®. #13 -11 /12 (ADDENDUM) BID OPENING: March 30, 2012 AT 3:00 P.M. Shirley Thomas CPPB, Buyer PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfi.gov F: \PURC \$ALL \Shirley \Bids \l 1 -12 \Medical Supplies \ITB 13-11-12 Medical Supplies.doc MIAMSEACH' 2 IEDICAL`SUPPLIES CATALOG DISCOUNT NO #1TB-13- 11/1:2 City of Miami Beach Fire 'Department Rescue Division is soliciting sealed catalogue discount bids for medical supplies. Due to the public safety function of the Rescue Division, the successful firm. must have-a good record of dependability and 'be able provide delivery`of supplies in a timely ;manner after receipt of order. This Contract shall remain in effect for four (4) years from date of Contract execution by the Mayor and .City Clerk and may be renewed, at'the sole discretion of the City, through its City Manager, for two (2) additional one (1) yearterm. A catalog discount bid is defined as a bid containing all or parts of a vendor's catalog without., specific quantities defined at the line item level. Successful vendor (s) must be a stocking distributor�or have immediate access to all of the items in the catalogs. Sealed bids -will be received by the City of Miami Beach Procurement Director, 3rd Floor, :1700 Convention Center Drive, Miami Beach, Florida 33139, ;until 3:00 p.m. on the 30 - day of - March ,201.2 for: LOCAL PREFERENCE A preference will .be given to a responsive and responsible Miami Beach - based vendor,. who is - within five percent (5 %) of the lowest and :best bidder, an opportunity of .providing said goods or contractual services for the lowest responsive bid - amount. Whenever, as a result of the foregoing preference, the .adjusted ; prices of two (2) or •more Miami Beach- based„ vendors constitute the lowest bid fora competitively bid purchase, and such bids are responsive .and otherwise equal with respect to quality and service, then the award shall be made to the Miami Beach -based vendor having the- greatest number of its employees that are Miami Beach residents. Whenever, two or more Miami Beach -based vendors have the same number of - its employees that are Miami Beach , residents, then the award shall be made to 'the Miami Beach- based vendor who is certified by Miami -Dade County as a Minority or Women .Business Enterprise. VETERANS PREFERENCE A preference to .a responsive-and responsible :bidder .which is a small business concern owned and controlled by a veteran(s) or which is a service- disabled veteran business enterprise, and which is within five percent (5 %) of the lowest and _best bidder, :by providing such bidder an opportunity of providing said goods or contractual services for -the lowest responsive bid amount. Whenever, as a .result of the foregoing preference, *the adjusted prices of two (2) or more bidders which :are a small business concern owned and controlled .by ..a veteran(s) or a service- disabled veteran business enterprise constitute the lowest .bid pursuant'to an IT,B or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect quality and service, then the award shall be made the service- disabled veteran .business enterprise. 3 MEDICAL SUPPLIES CATALOG DISCOUNT NO # ITB 13- 11/12 SPECIFICATIONS 1 Catalog discount will be based on deliveries of standard catalog supplies needed throughout the term of the contract. Delivery time shall not exceed .3 -4 days after receipt of order. Discounted catalog price shall include delivery cost or note any exception on the bid sheet. Upon delivery, all materials shall be unloaded by the vendor. 2. Successful vendor (s) must be stocking distributor or have immediate access to all of the items in the catalogs: 3. Current published catalog, discount or ,discount schedule, and price lists are to be included with the bid proposal. If you use only a computerized catalog, please provide instruction for access. Please state any conditions or exclusions placed upon discount and furnish discountschedule if discounts vary for different categories of items. 4. The City of Miami Beach Fire Department reserve the right to purchase or not purchase from the catalog, It will be up to the City to determine which company offers the lowest cost, responsive service.and provides the most efficient turnaround time for the items needed. 5.' 'Throughout the contract bidders must provide and distribute current catalogs or internet access - to current online catalogs to the Fire Department: 6: 'Payment will be submitted upon delivery invoices will be subject to verification and approval by , the ordering :Department's designated representative. 7. :Bidder shall state, in the appropriate place on the Bid form, what discount, if any,. is offered for prompt payment of bills; and if such cash discount is offered it shall also be stated within what period of time the discount will be allowed. 8. Bidders are requested to offer a balance -of -line fixed discount on all other medical supplies which are offered in addition to the items offered on the bid sheet. These fixed .discounts shall reflect percentage of savings from the vendor's standard pricing. This discount applies to all updates on pricing for the duration of the contract. Furthermore, the balance -of -line discount does not apply to any of the vendor's specials, marketing promotions, or other sales that are available to each contract eligible user. 9. Further, contractors may update the balance of line offerings as new equipment and /or services become available for which the stated discount will apply. The City reserves the right to accept or reject any individual item(s) or all items offered as balance of line. 10. Contractors, -upon notification of award, shall submit the contractors' standard pricing, as locally published and in effect on the date of the bid opening, - showing all equipment and services that are offered through balance of line, and shall indicate the fixed discount(s) and /or special pricing offered tothe City. Price lists accepted will be published as part of the resulting contract. - 11. Bidder shall provide .a percentage ( %) discount and the volume that the City must order to obtain said discount. This information can be :provided as an attachment to the Bid form, in a separate piece of paper. 4 .MEDICAL SUPPLIES CATALOG DISCOUNT NO # ITB 13-111.12 12. There may be ancillary items -that must be purchased by the City during the term of this contract. Under these circumstances, the City may either use the balance of. line fixed discount provided by the vendor, or contact the primary vendor to obtain a price . quote - for the ancillary items. If there are multiple vendors on the contract, the City may also obtain price quotes from these vendors. The City reserves the right to award these ancillary items to the primary contract vendor, another contract vendor based on the lowest price quote or to bid the items through a separate solicitation. 5 MEDICAL SUPPLIES :CATALOG'DISCOUNT NO # ITB 13 -11/12 COMPANY Name and,Date of Published Catalog (s): Attach additional sheet if required '(Enclose Current Copy of Catalog) Percentage :Discount: Minimum order if any, required for free delivery: Items excluded from discount: Is pricing adjusted on a periodic basis? If, so how often? How often is - the updated? ' 6 MEDICAL SUPPLIES CATALOG DISCOUNT NO # ITB 13- 11/12 CUSTOMER REFERNCE LISTING Bidder's shall furnish the names,. addresses, and telephone numbers of minimum of five (5) clients or government contracts that your company participates. 1) Company Name Address Contract Person /Contract Discount Telephone NO. Fax. No. E -mail 2) Company Name Address Contract Person /Contract Discount Telephone NO. Fax.'No. E -mail 3) Company Name Address Contract Person /Contract Discount Telephone NO. Fax. No. E -mail .7 4) Company Name Address Contract Person /Contract Discount Telephone NO. Fax. No. E =mail 5) Company Name Address Contract Person /Contract Discount Telephone NO. Fax. No. E =mail 8 MEDICAL SUPPLIES CATALOG DISCOUNT NO # ITB 13- 11/12 Bidder mus acknowledge receipt of addendum (if applicable). Addendum No. 1: Addendum No. 2: Insert Date insert.Date Addendum No.3: Addendum NoA: Insert Date Insert Date BIDDERS NAME: ADDRESS: CITY/ STATE: ZIP: CONTACT PERSON; PHONE.NUMBER: FAX NUMBER: :EMAIL ADDRESS: FEDERAL I.D. # THIS IS A FORMAL ADDENDUM THAT HAS TO .BE ACKNOWLEDGED "IN THE BID ADDENDA ACKNOWLEDGEMENT FORM. IF -A - BIDDER FAILS 'TO ACKNOWLEDGE RECEIPT OF THIS ADDENDUM AS PART OF ITS BID SUBMISSION, THE CITY RESERVES THE RIGHT TO REQUEST, AND 'THE BIDDER MUST COMPLY WITHIN TWO (2) BUSINESS .DAYS AFTER RECEIPT OF WRITTEN REQUEST FROM THE CITY. FAILURE TO ACKNOWLEDGE THE RECEIPT OF THIS ADDENDUM MAY RESULT IN DISQUALIFICATION 9 INVITATION FOR BIDS PURCHASE AND DELIVERY OF MEDICAL.SUPPLIES BID #13- 11-12 t BID OPENING: March 30, 2012 AT 3:00 P.M. Shirley"Thomas CPPB, Buyer PROCUREMENT DIVISION t 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov F: \PURL\$ ALL \Shirley \Bids \1.1 -12 \Medical Supplies \ITB 13 -11 -12 Medical Supplies.doc M [ B A-�rH MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.9ov PROCUREMENT DIVISION PUBLIC .NOTICE Tel: 305- 673 -7490, Fax: 786 - 394 -4011 Invitation to Bid No. 13- 11/12 Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd - Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 30 day of March 2012 for: PURCHASE AND.DELIVERY OF MEDICAL.SUPPLIES 'Purpose: The purpose of this bid is to establish a contract, by means of sealed - bids, 'for the purchase of 'Medical. Supplies as specified herein, on an as needed basis. This contract shall remain in effect for four (4) years from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for three (3) additional years, on a year to year basis. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder.unopened. The responsibility for submitting a bid /proposal before the stated time and date is .solely and strictly the responsibility of the bidder /proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A pre -bid conference will be held on February 29, 2012 at 10:00 a.m. at the City of Miami Beach City Halls 4th Floor, and City Manager's Small Conference Room, located at 1700 Convention Center Drive, Miami Beach Florida 33139. Attendance (in person or via telephone) to this Pre -bid meeting is encouraged.and recommended as a source of information, but is not mandatory. Bidders interested in participating in the pre submission meeting via .telephone must follow these steps: (1).Dial the TELEPHONE NUMBER: 1- 877 - 960 -3821 (Toll -free North America) (2) Enter the MEETING NUMBER: 2355961# (note that number is preceded and followed by the pound ( #) key). The City is utilizing BidNet.as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy this'Bid, go to www.govbids.com/ scripts /southflorida /public /homel asp or call toll -free 1- 800 - 677 -1997 ext. 214. Any questions or clarifications concerning -this Bid shall be submitted via -e -mail or facsimile, 786) 394 -4011. The Bid title /number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions /clarifications will be sent to all prospective bidders in the form of an addendi IM. The City of Miami Beach reserves the right to accept .any .bid or :bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any bid or.bid. The City of Miami February 2012 Bid No: 13 -11 -12 City of Miami Beach 2 of 46 Beach may reject any and. all bids or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION. TO .BID IS SUBJECT TO THE FOLLOWING ORDINANCES /RESOLUTIONS; WHICH MAY BE'FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http:// www .miamibeachfl.gov /newcity /depts /purchase /bidintro.asp • CONE OF SILENCE -- ORDINANCE NO. 2002 -3378 CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000- 23879. . • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000 -3234. PROTEST PROCEDURES -- ORDINANCE NO..2002- 3344. LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363 EQUAL.BENEFITS ORDINANCE NO. 2005-3494 LOCAL PREFERENCE FOR MIAMI BEACH -BASED VENDORS — ORDINANCE NO. 2011- 3747. • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE = CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES — ORDINANCE NO. 2011-3748. Sincerely, , Gus Lopez, CPPO Procurement Director February 2012 Bid No: 13 -11 -12 City of Miami Beach 3 of 46 MIAMIREACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION NOTICE TO PROSPECTIVE BIDDERS Tel: 305- 673 -7490, Fax: 786- 394 -4011 1TB- 13 -11 -12 NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address - listed above. -NO BID SUBMITTED FOR REASON(S) CHECKED AND /OR INDICATED: Our company does not handle this type of product/service. _We cannot meet the specifications nor provide an, alternate equal product. Our company is simply.not interested in bidding at this time. _Due to prior commitments, I was unable to attend pre - proposal meeting. _OTHER. (Please specify) We do do not _ want to be retained on your mailing list for future bids for the type or product and /or service. Signature:. Title: Company: Note: Failure to respond, either by submitting a bid 6r this completed form, may result in your company being removed from the City's bid list. February 2012 Bid No: 13 -11 -12 City of Miami Beach 4 of 46 PURCHASE:AND.DELIVERY OF MEDICAL SUP.-PLIES BID # 13 -11/12 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS:. An Original and three (3) copies and one (1) CD of Bid Form as.well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be- submitted in a sealed envelope clearly marked with the Bid Title to the.City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile, electronic, or e- mailed bids will not be accepted. 1.2 EXECUTION'OF BID: Bid must contain a manual signature of an authorized representative in the space.provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or,-typewritten.. No erasures are a correction is necessary, drawa single linethroughthe entered figure and enter the corrected figure above it. Corrections must:be initialed `by,the person signing the .bid. Any illegible entries, pencil :bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT.be changed or altered in anyway. Altered bids will not.be:considered. Clarification of bid submitted, shall be in letter form, signed by- bidders and attached to the bid. 1.3 NO BID: If not submitting a - bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without - sufficient justification shall be cause for , removal of a supplier's name fromthe bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in .units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount.of the bid, the UNIT PRICE quoted will govern. All prices must be F.O:B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for.prompt payment. Award, if - made, will be in accordance with terms and conditions stated herein. Each item must be.bid separately and no attempt is to be made to tie any item or items in with any other.item or items. Cash or quantity discounts offered will not be a consideration in determination of award of.bid(s). - 1.5 TAXES: The City of Miami.Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 85- 8012621639C -9 1.6 MISTAKES: Bidders are expected , to examine the specifications, delivery schedules, bid, prices and extensions and all instructions pertaining to supplies.and services. Failure to do so will be at the bidder's risk. February 2012 Bid No: 13 -11 -12 City of Miami Beach 5 of 46 1.7 CONDITION AND PACKAGING: It is understood and - agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging: 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall.be U.L. listed,or re- examination listing where such has been established by U.L. for the, item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in.bids or to reject -all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must.so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all .published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the.bid form the manufacturer's name and number if bidding'other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO`BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1:11 NON - CONFORMANCE TO CONTRACT CONDITIONS: 'Items may be tested for compliance with specifications. Item delivered, not conforming to specifications may be rejected and returned at vendor's.expense. These items and items not delivered as per delivery date in bid and /or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of 'these stipulations may also result in: A) Vendor's name being removed from the vendor list. :B) All departments being advised not to do business with vendor. '1:1,2 SAMPLES: Supi pi of.itc i s, yri c n rcquired, must furl i *hcd free of.cxpc .sue. and, if ilot diutroyid, - will, upon request, be returned at the - bidder's expense. Bidders will be responsible. for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample. must be labeled with bidder's February.2012 Bid No 13 -11 -12 City of Miami.Beach 6 of 46 name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami .Beach, FL 33139. 1.13 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of-purchase order, in space provided. Delivery time may - become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.14 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions.and specifications should be submitted by E -mail sthomas(aD-miamibeachfl.gov with a copy to GusLopez(a_)miamibeachfl.gov 1.15 BID OPENING: Bids shall be opened and publicly read on the date, time and - place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.16 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will.be at destination unless otherwise provided. Title to /or risk of loss or damage to all items shall :be the responsibility of the successful .bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to . specifications, the City reserves the right to cancel the order upon written °notice to the seller and return product at bidder's expense. 1.17. PAYMENT: _ Payment will be made by the City after the items awarded to a vendor have been inspected, and found to comply with 'award specifications, free of damage or defect and properly invoiced. 1.18 DISPUTES: In case of any doubt or difference of opinion as to the items to.be furnished hereunder, the decision of the City shall be final and binding on both parties. 1:19 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and that in any affect the items covered herein apply. Lack of knowledge by bidder will in-no way be.a cause for relief from responsibility. 1.20 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on of, any copyrighted, patented, or unpatented invention; process, or article' manufactured or used in the performance of the.contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials - covered by letters, patent, or copyright, it is mutually understood and - agreed, without exception, the:bid NriC @5 Shall ii ciudE all royalties or GuSi arising from, the i,i5e ui SiaG i ucaiyi i ucvwc, yr materials in any way involved in .the work. February 2012 Bid No: 13 -11 -12 City of Miami Beach 7 of 46 1.21 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards -set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as breach of contract. Any fines levied because of 'inadequacies to comply with these requirements .shall be .borne solely by the bidder responsible for same. 1..22 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from, these General Conditions shall have precedence. 1.23. ANTI- DISCRIMINATION: The bidder certifies that he /she is 'in compliance with the non- discrimination clause contained in Section,202, Executive Order 11.246, as amended by Executive Order 11375, relative to. equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. - 1:24 AMERICAN WITH .DISABILITIES ACT: To request this material in accessible format, sign language interpreters, information. on access forrpersons with disabilities, and /or any accommodation to review any document or participate in any city- sponsored proceeding, please contact 305- 604 -2489 (voice), 305- 6,73 -7524 (fax) or 305 - 673 -7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 1.25 QUALITY: All 'materials used "for the manufacture or construction of any supplies, materials or equipment.covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. - 1.26 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform _work or as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami- Dade'County and City of Miami Beach - municipal code requirements as well as the Florida Building Code. The bidder.shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.27 'DEFAUL'T: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of -a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. 1.28 CANCELLATION: In the event any ofthe_provisions of.this bid are violated by the contractor, the Procurement Director shall give written notice to the. contractor stating the deficiencies and unless February 2012 Bid No: 13 -11 -12 City of Miami Beach 8 of 46 deficiencies are corrected within ten (10) days, recommendation will be made to the City . Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.29 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the City of Miami Beach Fire - Dept. Attn: Nedra Marcelus Drive,.2300 Pine Tree Dr. Miami Beach, 'Florida 33139. 1.30 NOTES TO VENDORS .DELIVERING TO THE CITY OF MIAMI .BEACH: Receiving hours are Monday through Friday, excluding holidays, from '8:30 A.M. to 5:00. P.M. 1.31 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.32 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities .at any time with prior notice. 1.33 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self- addressed stamped envelope with the bid. 1.34 - PROTEST PROCEDURES: Bidders that are not .selected may protest any recommendation for Contract :award Jn accordance with City of Miami Beach Ordinance No. 2002 -3344, which establishes procedures for resulting protested bids and proposed awards. Protest nottimely pursuant to the requirements of Ordinance No. 2002 -3344 shall be barred. 1.35 CLARIFICATION AND ADDENDA TO BID "SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami,Beach Procurement.Director at least ten (1'0) calendar days,prior `to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum' if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids is required. A copy of such Addendum shall be sent by BidNet®.via e-mail or facsimile'to each Bidder receiving the Solicitation that is .a subscriber to the Bidnet@ notification system.. Bidders who are not subscribers to the BidnetO system are responsible for ensuring that they have received all addenda. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified Ciihc, gril nt addendum shall govern over prior addendum only to the extent specified. The'Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non - responsive; February 2012 Bid No: 13 -11 -12 City of Miami, Beach 9 of 46 provided, however, that the Citymay waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally in writing by any other city representative. 1.36 DEMONSTRATION OF COMPETENCY: 1) Pre -award inspection of the Bidder's facility may be made prior to award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and /or services as described in this Bid. Bidders must be able to demonstrate a . good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily" -execute'the. services if awarded•a contract under the terms and conditions herein stated. The terms "equipment and organization "'as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry. and as determined by the City of Miami Beach. 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 in making the award in the best interest of the City. 3) The City may require Bidders to show proof that. they have been designated as authorized representatives of :a manufacturer - or , supplier which is the actual source of supply: In these instances, the City may also require material information from the source of supply - regarding the quality, packaging,.and characteristics of the products to be supplies to the City :through - the designated representative. Any conflicts between this material information provided by source.of:supply and.the information contained in the Bidder's Proposal may render the Bid non-responsive. -4) The City may, during the period that the Contract between the City and the successful Bidder_ is in force, review successful Bidder's record of,performance to insure that the Bidder is continuing.to.provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the :Bidder's performance on contracts awarded to it "by the City, the City may place said contracts on probationary status and implement termination .procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been . necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.37 DETERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: 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, judgement, 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. February 2012 Bid No: 13 -11 -12 City of Miami Beach 10 of 46 1.38 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.39 LAWS, PERMITS AND REGULATIONS: . The bidder shall obtain and pay for all licenses, -permits and inspection fees requiredfor this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.40 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest -of the State. Contractors have the option of selling these commodities or services certified by , the Division to the other State agencies at the agencies option. 1.41 SPOT MARKET PURCHASES: It is the intent .of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be a Spot Market Purchased may be purchased by other methods, i.e. Federal, State or local .contracts. 1.42 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm which is in arrears to the City upon any. debt, taxes or contracts which are defaulted as surety or otherwise -- upon - any - - - obligation to the City. . 1.43. WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.44 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is� expressed or implied as to quantities or.dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and /or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.45 COLLUSION Bids from related parties. Where - two (2) or- more related parties each submit a bid or proposal for any contract, such bids or proposals, shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such hick nr nrnnncolc Pelu4er�1 arliec mean hir7rierc nr nrnnn�er� nr 4ha nrinrinale ,,. .. p... pu .. n .. -% n ...r...,... thereof which have .a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer forthe February 2012 Bid -No: 13- 11 -12' City of Miami Beach 11 of 46 same contract. Bids or proposals found_ to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be .considered non- responsible, and may be suspended or debarred, and any contract resulting from collusive bidding maybe terminated for default., 1.46 DISPUTES In the event of a conflict between the documents,.the.order of priority of the documents shall be as follows: Any agreement resulting from the award of this Bid (if applicable); Addenda released for this Bid, with the latest Addendum taking precedence; then • The Bid; then Awardee's .Bid. 1.47 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening °because of a disability must contact the Public Works Department at (305) 673 -7080. 1.48 GRATUITIES Proposers shall not offer.any gratuities, favors, or anything of monetary.value to any official, employee, or agent of the City, forthe purpose .of influencing consideration of this proposal. 1.49 SIGNED BID CONSIDERED AN OFFER The bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed'accepted.upon:approval by City Commission of the City of Miami Beach, Florida and in case of default on the part of.successful bidder or contractor, after such acceptance, the City items or services from other.sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. 1.50 BID CLARIFICATION: Any questions or clarifications concerning - this Invitation to Bid shall be submitted by facsimile or via e-mail: to sthomas(a)_miamibeachfl.gov with a copy to Gu"sLopez(a�miamibeachfl.gov The bid .title /number shall be referenced on all correspondence. All questions must be received no laterthan ten (10) calendar days prior to the scheduled bid opening date. All responses to questions /clarifications will be sent to all prospective bidders in'theform of an addendum. 'NO QUESTIONS :WILL 'BE =RECEIVED VERBALLY OR ,AFTER SAID DEADLINE. 1.51 TIE BIDS: Please be "advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying.thatthey have implemented a drug free work place program. A certification form will be required at the time of Bid submission. 1.52 PUBLIC ENTITY CRIMES (P.EC): A person.or affiliate who has been placed on.the convicted vendor list following a conviction "for public entity crimes 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 public entity, may not be awarded or perform .work as a contractor, supplier, sub- February 2012 Bid No: 13 -11 -12 City of Miami Beach 12 of 46 contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.53 DETERMINATION OF RESPONSIVENESS` Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.54 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges will be accepted, .i.e.; 12 -14 days. 1:55 CONE OF SILENCE This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. .2002 -3378. A copy of all written communication(s) regarding this bid must be filed withthe city clerk. 1.56 TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful bidder, it shall failto fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or ° stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful bidder of such termination which shall become effective upon receipt.by the successful bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the Agreement for all services performed by the bidder prior to termination, net of any costs incurred by the City as a- consequence of the default. - - Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. 1.57 TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written - ,notice to successful bidder of such which shall become effective thirty (30) days following receipt - Ey bidder of such notice. 1n that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful bidder in accordance with the Agreement for all services actually performed by the successful bidder and reasonable direct costs of successful bidder for assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn,on the balanced of the Agreement. Such payments shall.be the total extent of the February 2012 Bid No: 13 -11 -12 City of Miami Beach 13 of 46 City's liability the successful bidder upon a .termination as provided for in this section 1.58 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to .contract) The contractor shall be responsible for his work and every part and'for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or-property wherever resulting from any action of operation under the contractor in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Automobile Liability Insurance including Property Damage covering all owned, non -owned or hired automobiles and equipment used in connection with the work.. No change or.cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami.Beach Risk Manager.. All insurance policies shall be issued by companies authorized'to do business under the laws of State of Florida andthese companies must have a- rating of at least B +:VI or . better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with:and approved bythe City.of Miami:Beach-Risk Manager before work is started. The certificate must state:Bid Number and Title. Upon expiration of the required insurance, the contractor.must submit updated: certificates of insurance for as long a period as any work is still in :progress. It is understood and .agreed that all _policies of insurance provided by the contractor are primary coverage to any insurance or self- insurance the City of Miami Beach possesses that may apply to a loss resulting from the. work performed in this contract. All policies issued to cover the insurance requirements herein shall.provide full coverage from the first dollar, of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have:been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and and for,all damages to the property of others in and .up to the amount of .$1,000,000.'00 for -each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such "claims or suits because of any and all acts of omission or COIi1Iilissiuni GI ai iy by LI is L UI II W.AUr, Iii oyci itS, sc ^ i dai it8, vi E; i iployees, or'through 'Li mere existence of the project under contract ". The foregoing. indemnity - agreement shall apply to any and all claims and suits other than February 2012 Bid No: 13 -11 -12 City of Miami Beach 14 of 46 claims and suits arising out.of the sole and exclusive negligence of. the 'City of Miami Beach, _ . its officers, agents., and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their'liabilities.and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts_ and omissions of persons directly employed by him. Insurance coverage required in specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall. have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to theRisk Manager, may be considered. It is understood and agreed that the inclusion of.more than one insured under these policies shall not restrict -the _coverage provided .by these policies for one insured hereunder with. respect to a liability claim or suit by another insured hereunder or an employee of such other -insured and .that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability - arising` out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. 1.60 MODIFICATION/WITHDRAWALS OF BIDS: A Bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will not be considered. Bids shall be irrevocable until contract award unless withdrawn.in writing priortothe bid due - date or after expiration of 120 calendar days..from the opening of-Bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date I nd letters of- withdrawal received after contract award will not be considered. 1.61 EXCEPTIONS TO BID: Bidders are strongly encouraged to thoroughly review the qualification requirements set 'forth in this.ITB,.specifically the minimum specifications found on page 21, identified by the February 2012 Bid No: 13 -11 -12 City of Miami Beach 15 of 46 words "must', "shall', and "will ". Bidders.who.fail to satisfy the requirements set forth, may be deemed non - responsive and receive no further consideration. Should your bid not be able to meet one (1) .or more of the requirements set forth in this ITB and you are proposing alternatives to said requirements, you must notify the Procurement Office -in writing at least five (5) days prior.to the deadline forsubmission of bids: The City reserves . the right to revise the scope of services via addendum prior to the deadline for receipt of bids. February 2012 Bid No: 13 -11 -12 City of Miami Beach 16 of 46 PURCHASE AND DELIVERY OF.:MEDICAL SUPPLIES BID # 13 -11/12 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability $1,000,000 each occurrence owned /non- owned /hired automobiles included. 4. .Excess Liability -'$ .00 per occurrence to follow the primary coverages.. XXX 5. The City_must.be named asand additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance:as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire'Legal Liability $ .00 _ Protection and Indemnity $ .00 _ "Employee Dishonesty Bond $ .00 _Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating,B +:VI or.better, latest edition. XXX 9. The certificate must state the bid number and title :BIDDER AND. INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within .five (5) days after bid opening. _ Bidder Signature of Bidder February 2012 Bid No: 13 -11 -12 City of Miami Beach 17 of 46 PURCHASE AND DELIVERY OF MEDICAL SUPPLIES BID # 13 -11/12 2.0 , SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract (s) by means of sealed bids with qualified vendors) for the supply and delivery of medical supplies. Due to the public safety function of the Rescue Division, the.successful firm must have a record of dependability and be able provide delivery of supplies in a timely manner after receipt of order. During emergency contingencies, such as pandemics, floods, hurricanes, etc, the successful firm(s) must be capable of continuing delivery of medical supplies; therefore company must: possess the back -up infrastructure that allows for such continued delivery 2.2 TERM OF CONTRACT: This contract shall remain in effect for a period of four (4) years from date of contract execution by the Mayor and City Clerk, and may be renewed.by mutual agreement for three (3) additional years, if approved by the City Manager 2.2.1 Orders will be placed to vendors on an as= needed basis to meet City usage requirements. 2.2.2 Providing the successful bidder (s) will agree to maintain the same price, terms and conditions of the current contract, this contract could be extended , for additional four (4) years, on a year to year basis, if mutually agreed upon by both parties. 2.3 METHOD. OF AWARD: Award of this contract may be made to the primary and secondary Lowest,and Best Bidders, as defined in General Conditions 1.37. Should the primary vendor fail to comply with the Terms and Conditions of this Contract, the City reserves the righfito award to the secondary vendor, if it is deemed to be in the best interest of the City. Award of orders will be based on the vendor's pricing and availability of materials at the time the need arises. However, the City reserves the right to award per line item :and /or by group, should it be determined it is in the City's best economic interest. It shall be the sole prerogative of the City as the total amount of awarded vendors on this contract. During the term of this contract, the City reserves the right to add or delete vendors as it deems necessary, in its best interest. 2.4 LOCAL- PREFERENCE: To Miami Beach -Based vendors in the award of contracts for goods and general services. Bidder shall have a valid occupational license issued by the City of Miami Beach, which authorizes vendor to proviige goods and services, and has a headquarter in the City, or has a place of business located in the City at which it will - produce the goods or perform the service to be purchased. A preference will be given to a responsive and responsible City of Miami Beach -based vendor, vvho is vVithin fives. 1 ,5 0 %) of the ivvvest and u%ot bidder. February 2012 Bid No 13 -11 -12 City of Miami Beach 1 S of 46 February 2012 Bid No: 13 -11 -12 City of Miami Beach 19 of 46 2.5 VETERAN PREFERNCE: A preference to a responsive and responsible bidder which is a small business concern. owned and controlled by a veteran(s) or, which is 'a service- disabled veteran business enterprise, and which is within five percent (5 %) of the lowest and best bidder. Certified service- disabled veteran owned and operated business in Florida and who is a permanent Florida resident with a service- connected disability. Determined by the United States Department of Veterans Affairs, or who has been terminated from military service by reason of disability by the United States Department of Defense. 2.6 PAYMENT: Invoices for payment will be submitted upon delivery. Invoices will be subject to verification and approval by the ordering Department's designated representative. 2:7 SHIPPING TERMS: Prices shall include freight to City's premises, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered to, and accepted . by, an authorized City representative. 2.8 PRICES SHALL .BE AND FIRM FOR TERM OF CONTRACT If the•bidder is awarded a contract under this bid solicitation, the negotiated prices shall remain fixed and firm during the one year term of this contract; provided, however, that the bidder may offer incentive discounts from these prices to the City at any time during the contractual term. .2.9 OPTION TO RENEW WITH PRICE ADJUSTMENT: The contract could be extended for an additional three (3) on a year to year if mutually agreed by upon both parties. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI -U (all urban areas) computed 60 days prior to the anniversary date of the contract. It is the vendor's responsibility to request any pricing adjustment under this provision:- For any adjustment -to commence on the first day of any exercised option period, the vendor's request for adjustment should be submitted 60 days prior to expiration of the .then current contract term. The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the City will assume thatthe vendor has agreed that the optional tem may exercised without adjustment. Any adjustment request received after the commencement of a new option period may not be considered. 2.10 A Pre -bid conference will be held on .February 29, 2012 .at - 10 :00 a.m. in the - City Manager's Small Conference Room, 4th Floor, City Hall, and 1700 Convention`Center Drive, Miami Beach,`Florida 33139. m Attendance (in person or .via telephone) to. this Pre -bid meeting is encouraged and recommended as a source of information, but is not mandatory. Bidders interested in participating in the pre -bid submission meeting via telephone mustfollowthese steps: (1) Dial the TELEPHONE NUMBER: 1- 877- 960 -3821 (Toll -free North America) (2) Enter the MEETING NUMBER :,2355961# (note that number is preceded and - followed February 2012 Bid No: 13 -11 -12 City of Miami Beach 20 of 46 by the pound (#) key). 2.11 CONTACT PERSON: The contact person for this Invitation to Bid is- Shirley Thomas. The contact person may reached by phone: 305.673.7490; fax: .786- 394 -4011 or e- mail: Shirle homas(a-miamibeachfl.gov Communications between a proposer, bidder, lobbyist or. consultant and Procurement Staff is limited to matters of process or procedure. Requests for additional information or clarifications�must be made in writing to the contact person, with a copy -to the City Clerk, no later than .ten (10) calendar days prior to the scheduled -Bid opening date The City will issue replies to inquiries and any other corrections or amendments deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written - addendum to this Bid. Bidders should verify with the Procurement Division prior to -.submitting a, proposal .that 611.addenda have. been received. YOU 'MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.55, ENTITLED CONE OF SILENCE, WHICH SETS -FORTH THE POLICIES AND - PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS: - 2.12 DELIVERY TIME: Delivery time shall not exceed3-4:after receipt of order. Upon delivery, iall materials shall be unloaded by vendor. 2.13 BACK ORDER DELAYS'NOT ALLOWED: The City shall not allow any late.deliveries attributed to product -back order situations under this contract. Accordingly, .the vendor is required to deliver all items to the City within time specified in this solicitation.and resultant contract; and no grace.period on account of back order situations shall be honored, unless written authorization is issued by the user department; and a new delivery date is mutually established. In the event that the vendor fails to deliver the products within the specified, the City reserves the right to cancel the order, seek the itemsJrom another vendor, and charge the incumbent vendor for any re- procurement costs. If the vendor fails to honor these re- procurement costs, the City may terminate the contract for default. 2.14 DISCOUNTS (From - published.price lists): Bidders are requested offer a balance -of -line fixed discount on all other medical supplies which are offered in addition to the items offered on the bid sheet. These fixed discounts shall reflect percentage of savingsfrom the vendor's - standard pricing. This discount applies . to all updates on - pricing for the duration of the contract. Furthermore, the balance -of -line discount does not apply to any of - the vendor's specials, marketing promotions, or other sales that are available to each contract eligible.user. Further, contractors may update'the.balance of line offerings as new equipment and /or ..services become available for which the stated discount will apply. The City reserves the right to accept or reject any individual item(s) or all items offered as balance of line. Contractors, upon notification of award, shall submit the contractors' standard .pricing, as locally u led and in efICI I o I the date of the bid G e in , si o ail•e ui and y p p__._g g q N services that are offered through balance of line, .and shall indicate the fixed discount(s) and /or special pricing offered to the City.'Price lists accepted will be published as part of the resulting contract. February 2012 Bid No 13 -11 -12 City of Miami Beach 21 of 46 2.15 WARRANTY: In addition to the warranty supplied by the manufacturer, the bidder hereby acknowledges and agrees that all material supplied by the Bidder in conjunction with this Bid shall be new, warranted "for their merchantability, and fit for a particular purpose. The successful bidder must accept return for full credit for defective items, items shipped in error or damaged in. . shipment. The City of Miami Beach shall return items in "as received" condition. 2.16 PRODUCT /CATALOG INFORMATION: Upon request, .bidders must submit specifications and /or samples on the product(s)'they propose to furnish on this bid. 2:17 REFERENCES (PROVIDE REFERENCES, IN THE CUSTOMER REFERENCE FORM) Each bid must be accompanied by: a minimum of six(6) references of clients or government organizations for.which the.Bidder is currently furnishing or has furnished similar services. Reference shall include the _name of the company, a contact person, e-mail address and .telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST.. 2.18 FACILITY LOCATION: Materials will be delivered to the fire Department located at 2300 Pine Tree Drive, Miami Beach, Florida 33139. Delivery to other locations within the City limits may be requested. 2.19 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, or.within 5 days.upon . written request, evidence that they are qualified to satisfactorily perform the specified . -service. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; is an authorized distributor of the items specified in their proposal; has not had just or proper claims pending against him or his firm; and has provided similar type, size and complexity of such work. The evidence will consist of listing of contracts for similar equipment that have been provided to public and privatEFsectoc clients, within the last five (5) years, and letter from the manufacturer that bidder is an authorized distributor for the proposed manufacturer. '2.20 LATEBIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid /proposal before the stated time and date is solely and strictly the responsibility of the bidder /proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 2.21 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall .be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause.for the bid to be .considered non - responsive. ,s '2.22 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached.Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND THREE (3) COPIES AND ONE (1) CD of the Bid Form pages and all required . submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. February 2012 Bid No: 13- 11 -12' City of Miami Beach 22 of 46 . February 2012 Bid No: 13 -11 -12 City of Miami Beach 23 of 46 i 2.23 MIAMI -DADE /STATE CONTRACTS: The City reserves the right to purchase supplies such as the ones specified in this contract from Miami Dade .County or'State Contract Vendors should it be determined that it is in the City's best interest. 2.24 EQUAL PRODUCT: Manufacturer's name and model number must be approved by a Safety Committee for use by the Rescue Division. The list of supplies provided on the Bid Form -has already been approved by the Safety Committee, and therefore'Bidders are encouraged to bid on items as specified. However, where :an equal product is proposed, the Safety Committee may consider the .product for evaluation. Submission of product information sheets, product samples and performance. test results may be required to have an equal product evaluated for approval. The safety Committee shall be the sole judge'of equality, based on the best interest of the Rescue Division, and its decision in this regard shall be final 2:25 CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to adhere to the. City's "Service Excellence" standards and expected to conduct themselves in a professional, courteous and ethical manner in all situations. The successful bidder's employees must work as :a cooperative of well trained professionals, and must serve the public with dignity and - respect. All business transactions with the City will be conducted with honesty, integrity, and dedication. February 2012, Bid No: 13 -11 -12 City of Miami Beach i 24 of 46 PURCHASE AND,DELIVERY OF'MEDICAL'SUP.PLIES BID # 13 -11 -12 3.0 MINIMUM- SPECIFICATIONS 3.1 GENERAL: The. Rescue .Division of the Fire Department of the City of Miami Beach is seeking a qualified vendors) for the supply and delivery of medical supplies. Dueto the.public safety function of the Rescue Division, the successful firm must have :a good record of dependability and be able provide delivery of supplies in a timely receipt of order. During emergency contingencies, such as pandemics, floods, hurricanes, etc, . the successful - firm(s) must'be capable of continuing delivery of medical supplies; '.therefore ' company must possesthe back -up infrastructure that allows forsuch continued delivery. 3.2 MATERIALS: 3.2.1 The commodities to'be purchased from this contract shall include'various'brands of medical supplies that maybe required during-the - term of this.contract.'See attached.. - Bid Proposal Form for a list of materials: , 3.2.2 Brand: It is the intent of the City to purchase medical supplies'as specified in the.Bid Proposal Form. Bidders are encouraged to bid on - manufacturer specified. Equal, products when proposed shall be evaluated.by a safety`Committee for approval.. 3.2:3; 'Bidders shall indicate standard packaging,.and provide -price and unitofineasure in the Unit Cost column for each of the line items on the Bid Proposal Form (see sample line items on the..Bid Form). 3.2.4. Volume Discounts: Bidders shall provide a percentage ( %) - discount and the . volume that the City must order to obtain said discount. This information .can, be provided as an attachment to the Bid Form,-in a separate.piece:of paper. 3.3 SCOPE OF SERVICES: Successful bidder(s) will.be required to supply and deliver Medicaland First -Aid supplies to - the Fire Rescue Division. The City will issue Purchase Orders to selected vendor(s) for the purchase of supplies on an as'needed basisthroughout_the year. 3.3.1 Orders shall be placed by Fire Rescue Division personnel,:as needed. . 3.3.2 Prices shall include freight City's premises, inside delivery, and shall be F.O.B. Destination. Vendor shall hold title to goods until such time as they are delivered to, and accepted by, an authorized City representative.. 3.3.3 Delivery time shall not- exceed 3 -4 days after.receipt of order. Upon delivery, all materials shall be unloaded by vendor. 3.3.4 - Minimum order requirements, if any shall be indicated in 3.3.5 Invoices and packing slips shall include .adequate information including: department's name, location, °full item description, .unit - prices, Standing Order number, receiving signature, quantities, delivered and backorder status. February 2012 Bid No 13 -11 -12 .City of Miami Beach 25 of 46 3.4 PURCHASE OF OTHER ITEMS NOT LISTED ON THIS BID SOLICITATION: While the City has listed all major items on the bid _solicitation which are utilized by the Rescue Division-in conjunction with its operations, there may be ancillary items that must be ..purchased by the City during the:term of this contract. Under these circumstances, the City may either the balance of dine fixed discount provided by the vendor,' or contact the primary vendor to obtain a.price quote for the ancillary items. 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U' p + _ m F — v cn o — Cc .> w m O °, cn in in a) N - 0 U a) E ._ c� C•') ttf m Co Ca a) a) o U_ -0, 0 U o 'n o o O o �c - o c cn U � m ._ -0 Y o _c U .E E E ar O F L) m w a� Y.- O O, 0 f0 c O O '� '� cn N N :n o m F- a> s 0 rn cn u) F — U - CnJ W W >JJ W W m - YOU' UUQ �m N E w O DD CA O � N M > o tD LO l0 to O 'CD cD CO - 0 cD 0 m w O n r ti r r t` r �. r CA W GD N N N N N N N N N N N N N N N N N N N -N N N N N N N �` LL U MEDICAL SUPPLIES CATALOG DISCOUNT NO #:ITB 13 -11/12 COMPANY Bound Tree Medical LLG _ Name and 'Date of Published Catalog (s): Bound Tree Medical, Em ergency Medical Product Catalog 2012 -2013 Attach additional sheet if required .(Enclose Current Copy of Catalog) Percentage Discount: 18% *Please see attachment Minimum order 0.00 if any, required for free delivery: Items excluded from discount: *Please see attachment Is pricing adjusted on a periodic basis? No* If, so how often? *Please see :below. How often is the catalog updated? It will be updated in 2 014 *The catalog pricing is fixed until the end of 2013. 6 BounaiLree Making Precious Minutes Count... -._ ___ _ . _ .- .- _ _ -,- _ _.. _ To Whom It May Concern, In response to your -:bid request, Bound Tree Medical is pleased to offer 18% off of the list prices in the,2012/201.3 Bound Tree Medical Emergency Medical Product current list price. Our web site is www.boundtree.com In order to. provide a percentage off list discount, it'is for Bound Tree to exclude certain product, categories or manufacturer products. This is largely due to the cost variability of these items as A result of market demand and raw material costs. Products excluded from the percentage off bid include .the following: Manufacturers Excluded Product Categories Excluded Advanced Circulatory Systems Backboards CAS Hot.and.Cold Packs Junkin Safety King Tubes (not kits) Laerdal (Manikins and AHA items) Gloves Masco Pharmaceuticals Shock Doctor Rescue 'Buddies (Charitable item) Sinnildids IV Solutions Stryker TSG We are pleased to provide you with a competitive bid for the emergency, medical supplies and equipment that you are seeking. Please contact our Bids and Contracts Department at 800 -533 -0523 with any questions. Thank you. Sincerely, Bethany Moore Manager, Bids /Contracts P.O. Box 8023 Dublin, OH 43016 phone 614.760.5000 fax 614.760.5010 www.boundtree. corn MEDICAL SUPPLIES CATALOG DISCOUNT NO # ITB 13 -11/12 ' Bidder mus acknowledge receipt'of addendum (if applicable). Addendum No. 1: 03/08/12 Addendum No. 2: Insert Date insert Date : Addendum No.3: Addendum No.4: Insert Date Insert Date BIDDERS NAME: Bound Tree Medical, LLC .ADDRESS: 5000 Tuttle Crossing Blvd CITY/ STATE: Dublin, OH ' ZIP: 43016 CONTACT PERSON: Heather Legg PHONE 'NUMBER: 800- 533 -0523 x5235 FAX NUMBER: 800- 257 -5713 EMAIL ADDRESS: heather.legg(a)boundtree.com: FEDERAL I.D. -# 31- 1739482 : THIS IS A FORMAL ADDENDUM THAT HAS TO BE ACKNOWLEDGED IN THE BID ADDENDA ACKNOWLEDGEMENT FORM. IF A BIDDER 'FAILS TO ACKNOWLEDGE RECEIPT OF THIS ADDENDUM 'AS PART OF `ITS BID SUBMISSION, THE CITY RESERVES THE RIGHT TO REQUEST, AND BIDDER MUST COMPLY WITHIN TWO (2) BUSINESS DAYS AFTER 'RECEIPT OF WRITTEN REQUEST FROM THE CITY. FAILURE TO ACKNOWLEDGE THE RECEIPT OF THIS ADDENDUM MAY - RESULT IN DISQUALIFICATION 9 PURCHASE AND 'DELIVERY.'OF.MEDICAL'SUPPLIES . ITBA 3A 1 -12 -.BID CHECKLIST To ensure that is submitted in conformance with the Contract Documents, please verify' that the following items have been completed and submitted as required. X 'Original and (3) three copies of bid (including alFsubmittal information) General Conditions Section 1.7 Special Conditions Section 2.22 X Execution of -Bid - General Conditions Section 1.2 X :Equivalents /Equal Product, General. Conditions Section 1.10 Insurance and :Indemnification (including-Insurance Checklist) X General Condition Section 1.26 General Conditions Section 1.58 X Warranty Special Conditions ' Section 2.13 - X Product/Catalog "Information Special Conditions Section 2.14 X 'References,. Special Conditions Section.2:15 and .Pages 36 -37 X Bidder Qualifications Special Conditions Section 2.17 X Exceptions to Specifications Special Conditions Section219 Contractor's Questionnaire X (Page 39,40) February 2012 Bid No: 13 -11 -12 City of Miarni Beach 37 of 46 MEDICAL SUPPLIES CATALOG DISCOUNT NO # ITB 13 -11/12 CUSTOMER REFERNCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of minimum of five (5) clients or government contracts that your company participates. 1) Company Name St, Lucie Fire "District Address 5160 NW Milner Dr Port St. Lucie, FL 34983 Contract Person /Contract Discount Clemens Kramer /N /A - Telephone NO. 721 -3390 Fax. No. N/A E -mail CKRAMER(a.SLCFD.ORG 2) Company Name Monroe County Fire Rescue Address 490 63rd St Ocean E Contract Person /Contract Discount Harvey Hillman/ N/A Telephone' NO. 305-289-6047 Fax.* No. N/A E -mail hillman- harvey(a.monroecounty-fl.gov .3) Company Name Caddo Parish Fire Distict. #1 Address Old Mooringsport Rd Contract Person /Contract Discount Kerry Lyles / N/A Telephone NO. =573 -4497 Fax. No. NIA E -mail lonewolfl911 @yahoo.com 4) Company Name Broward Sheriffs Fire Rescue Address PO Box 9507 Ft. Lauderdale, FL 3331 Contract Person /Contract Discount John Spiliotopoulos/ N/A Telephone NO. 954-625-2971 Fax. No. N/A E -mail John 'lioto o ilos sheriff.org 5) 'Company Name Acadian Ambulance Inc. Address 300 Hopkins St Lafayette, LA 70501 Contract Person /Contract Discount Jana Hickey/ N/A Telephone NO. 337-291-3391 Fax. No. N/A E =mail JHickeyna,acadian.com MAMSEAC.H. Cityof'Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov. PROCUREMENT DIVISION Tel: 305.673.7490 Fax: 786-394-4011 February 21,.2012. To:' Phone: Fax: E -mail = `Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The" City of•Miami Beach has implemented a process that collects past performance information on firms that compete for City contracts. The information will be used to assist City of Miami-Beach -in the procurement of required medical supplies for the Rescue Division of the City's Fire Department. The:company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami would greatly appreciate you taking :a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your ,knowledge. If you cannot answer a particular question, please leave it blank. Please. return this questionnaire _to Shirley Thomas by March 29, .2012 by fax: 786- 394 - 4011; or e-mail shirleythomas (a)-miamibeachfl.gov Thank you for your time and effort. Gus Lopez, CPPO Procurement Director February,2012 Bid No: 13 -11 -'12 City of Miami Beach 40 of 46 MAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami "Beach; Florida 33139, www.miamibeachfl.gov, PROCUREMENT DIVISION Tel: 305.673.7490 ,fax: 786-394-4011 'PERFORMANCE EVALUATION SURVEY .. 1TB 13-41 -12 Company Name: Point of Contact: Phone and e-mail. Please evaluate the performance of the company (10 means you are very.satisfied and have no questions about hiring them again, 5 is if you don't know and 1" is if you would never hire them again because of very poor performance). NO. CRITERIA UNIT '1 Company reliability 1 -10 2 Abilitv to maintain ex ected time of delivery 1 -10 Customer Service (communication, resolution of (1 =10) 3 'discrepancies, responsiveness of.personnel servicing the account 4 -Ability to follow user's requirements 1 -10 5 Problem solving skills 1 -10 6 Responsiveness to demands and suggestions 1 -10 Overall customer satisfaction and hiring again 'based on (1 -10) p erformance comfort level in hiring vendor again Overall Comments: Company providing Referral Contact Name: Contact Phone and e- mail' Date of Services: Dollar Amount for Services: Thank you for yourtime.and effort. Please return this form by March 29,2012 to 786- 394 - 4011 Attn.'Shirley Thomas r February 2012 Bid No: 13 -11 -12 City of Miami Beach 41 of 46 PURCHASE AND DELIVERY OF MEDICAL SUPPLIES IT13- 13 -11 -12 - CONTRACTOR'S/ BIDDER'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid: Submitted -to The Mayor and'City Commission of'the City of Miami Beach, Florida: By Bound Tree:Medical, LLC 'Principal, Office 5000 Tuttle Crossing Blvd Dublin, OH 43016 How many .years has your organization been in - business under your present business name? 34. Does your organization have current occupational licenses entitling it to, do the work/service contemplated in this Contract? N/A Please state license(s) type-and number: N/A Include copies of above licenses and certificates with bid. Have .you.. -ever had a 'contract terminated due to • failure to comply with contractual specifi cations? . No 'If so, where:and why? In what other,lines of- business are you financially interested or engaged? None Give references assto-expe'rience, ability, and financial standing can submit once awarded. July 10, 2007 ITB -05 - 06107. -City of Miami Beach 42 of 59 CONTRACTOR'S / BIDDER'S QUESTIONNAIRE(C.ONTD.) Is the business entity a Miami -based Vendor? Yes { ;) No (x) If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or. "documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation. which•proves that goods and /or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. Is the business entity owned by a certified service- disabled veteran, and or a smallbusiness owned and controlled by veterans, as defined on 502 of the Veteran Benefit Health, and information Technology Act of 2006, and cited in the Database of Veteran -owned Business? Yes O No (x) Vendor Campaign Contribution(s): ;a. You must provide the names of.all individuals or entities (including -your sub - consultants) with.a controlling financial interest. The term "controlling financial interest" shall mean the ownership' directly or indirectly, of 10% or more of the outstanding capital stock in any or a direct or indirect interest of 10 %, or more in a firm. The term 'firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. Not Applicable b. Individuals or entities (including our sub-consultants) with a controlling financial interest: have have not contributed to the campaign either .directly or indirectly, of a. candidate who has been elected to the office of Mayor or City Commissioner forthe City of Miami Beach. Please provide the name(s) and date(s) of said contributions and .to whom said contribution was made. Not Applicable 'I HEREBY CERTIFY that the above answers are true and correct. (SEAL) Unavailable Bound Tree Medical is an Ohio .LLC July 10, 2007 lTB-45 -06107 City of Miami Beach -43 of 59 (SEAL flRD1NANCE NO.. 2011 -3747 AN ORDINANCE OF THE MAYOR -AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PROCEDURES TO PROVIDE LOCAL PREFERENCE TO MIAMI BEACH- BASED VENDORS IN THE AWARD OF CONTRACTS 'FOR GOODS AND - GENERAL SERVICES, BY AMENDING CHAPTER 2 OF THE. CODE OF THE CITY OF MIAMI BEACH .ENTITLED, "ADMINISTRATION," BY AMENDING'ARTICLE V1 THEREOF ENTITLED, "PROCUREMENT," BY AMENDING. DIVISION .3 ENTITLED, "CONTRACT PROCEDURES," BY AMENDING SECTION .2 -372 THEREOF; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE" 'DATE. WHEREAS,-pursuant to Section 287.084, Florida Statutes, entitled Preference to Florida businesses, municipalities may award a preference to the lowest responsible bidder having a principal place of business within thisstate; and 'WHEREAS, on ,tune 11, 2003, the Mayor and City Commission adopted, on second and final reading, Ordinance No..2003 -3413, which created Section 2 -372 of the City Code, and.-established the City's -local preference ordinance (the Ordinance); and 'WHEREAS, the 'Mayor -and City Commission hereby find and determine that it is' in the best interest of the City to amend the Ordinance, by broadening its scope and. applicability to other Cityy.public procurement methods including, without limitation, Requests for Proposals (RFD's), Requests for Qualifications ( RFQ's), Requests for Letters of Interest (RFLI's), and oral or written request for quotations. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION.OF "THE"CITY OF MIAMI BEACH, FLORIDA as follows: SECTION 1: That Chapter 2, Article VI, Division 3, Section 2 -372 of the Miami Beach City Code is hereby amended as follows: ARTICLE VI. PROCUREMENT DIVISION "3. CONTRACT PROCEDURES - i July 10, 2007 ITB -45 -06/07 City of Miami Beach 44 of 59 Sec. 2- 372 — Procedure to provide preference to 'Miianii Beach- based vendors in . contracts-for goods and peAefatcontractual services. Definitions. For purposes of this section only, the following definitions shaft (a) Bid shall mean a competitive bid procedure established through the issuance r of an invitation to bid.. The teF "bid,' as used 4e;ei;. sha „-net ire@ requests for proposals (RFP), requests for qualifications (RI =Q); requests foe letters of interest (RFLI), or the solicitation of purchase orders based on oral or written quotations. Ant limited eguipment, #a dew,6r3f#1eRtc pot ea #n Finn r_,n# .».. #en..plp - kd) j(jb) Miami Beach -based vendor means a bidder that has a valid occupational license issued by the City of Miami Beach, which authorizes said vendor to p rovide - goods and /or contractual services -and has its headquarters in the City, Or has a place of business located in the City'at which it will produce the-goods or .perform the contractual services . 0 .be purchased. The City Manager shall administratively resolve any issues relating to a vendor's status as a Miami Beach -based vendor, and his/her decision on whether a vendor is a Miami Beach -based vendor shall be final. (2; €xemptiens- i I L )d PUFswaRt tq 984014 28;.959, , • (a) Th nrna.in innn O N nnn#;nn shall Ret apply and no !oral n ef oe;;Ge+ 6hall 9 ' July 10, 2007 ITB -45 -06/07 City of Miami Beach 45 of 59 j 123) Preference in purchase of goods orcreneraicontractual services. fa) Invitations to bid oral or written requests far quotations. Except where federal or state law mandates to the contrary, in the purchase of goods'or gleaeralcontractuai services by "means of an Ganmu#4Weinvitation to bid or tursuant to an -oral or written quotation, a preference will be given to a responsive and responsible Miami Beach -based vendor, who is within five percent (5 %) of the lowest and best bidder, an opportunity of providing said goods or aeaerafcontractuai services for the lowest responsive bid amount. 4)- Whenever, as a result of the foregoing preference , the adiusted prices of two (2) or more Miami. Beach -based vendors constitute the lowest bid for a competitively bid purchase, and such bids are responsive and otherwise equal with respect to quality and service, the award shall be made to the Miami Beach -based vendor having the greatest number of its employees that • are Miami Beach residents, f5)- Whenever, two or more'Miami Beach -based vendors have the same number of its employees that are Miami Beach residents. then the award shall be made to the Miami Beach -based .vendor who is certified by Miami -Dade Count as a Minor or Women Business Enterprise. (b) Requests , for proposals: requests for qualifications: requests for letters of interest. The city commission, or the city 'manager (in instances where such action has been delegated to the manager), in considerlrig, determining, and /or approving The evaluation methodology, selection criteria, and /or other factors determined by the city to be applicable in the recommendation and selection of proposers submitting responses pursuant to an RFR RFQ, or RFLI. as appropriate, shall include ,V(as -part of such evaluation methodology. selection 'criteria; and/or other applicable factors to be set forth and included within the -RFP, 'RFD, or RFLI document) and give an additional five (5) points Where. the evaluation methodology is based on a points system from 0 —100 points), or-an additional five percent (5%) (where the evaluation methodology is based an a percentage system from=0 — 100 %), to proposers, which are. or include as part of their team, a Miami Beach based vendor. (36) Comparison of qualifications. The preferences established herein in no wav prohibit the right of the city manager and /or the wa P-agd city commission, as applicable, to compare quality of materials proposed for. purchase and compare qualifications, character, responsibility and fitness of all person. firms or corporations submitting bids. Further, the preferences established herein in no way prohibit the righf of the city manager and /or the city commission; .as .applicable. #rom giving anv'other preference permitted by law in addition toir4stead44 the preferences granted herein. s - 3 ' July 10, 2007. ITB-45 -06/07 City of Miami Beach 46 of 59 ORDINANCE NO.. 20114748 AN ORDINANCE OF THE MAYOR AND CITY. COMMISSION OF THE CITY OF € MIAMI BEACH, FLORIDA, IMPLEMENTING PROCEDURES TO PROVIDE A VENDOR PREFERENCE IN THE AWARD OF CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES, TO FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE- CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES BY ,AMENDING t CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED, I "ADMINISTRATION," BY AMENDING ARTICLE VI THEREOF ENTITLED, "PROCUREMENT," BY, AMENDING DIVISION 3 ENTITLED, "CONTRACT PROCEDURES BY CREATING SECTION 2474; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, in order to increase contracting opportunities for small business - concerns ., owned and controlled by veterans, Section 502 of the 'Veterans Benefits, Health Care, and Information Technology Act of 2006" (the Federal Act) allows for certain preferences in the award -of contracts to such small business concerns, if the small business and the veteran owner are listed the federal Database of Veteran- Owned. Businesses; and WHEREAS, Section 295.187, Florida Statutes, also referred to as the 'Florida Service - Disabled Veteran Business Enterprise Opportunity Act" (the State Act), permits State agencies, when considering two or more .bids, proposals, or replies :for_ the .procurement of goods or contractual services, at least one of which is from a State - certified service- disabled veteran business enterprise, that are equal with respect to all.relevant considerations, including price, j quality, and-service, to award such procurement or contract to the State - certified service_ _ - disabled veteran business enterprise; and .. WHEREAS, the State Act also encourages political subdivisions of the State of Florida . to offer similar consideration to businesses certified under the Act; and WHEREAS, the Mayor and'City Commission desires to honor the extraordinary service rendered to the United States by veterans with disabilities incurred or aggravated in the line of duty during active service with the armed forces; and WHEREAS, accordingly,'it is the intent of the Mayor and City Commission to apply similar requirements, as set forth and allowed under the respective provisions of the Federal and State Acts, to the City of Miami Beach, in order to rectify the economic disadvantage of . veterans and service - disabled veterans,, who' are statistically the least likely to be self- employed when compared to the population as a whole, and who have made extraordinary sacrifices on 1 behalf of the nation, the - .State of Florida, and the public by providing opportunities small businesses in Florida .owned and controlled by veterans, and "which are listed in the federal database of veteran -owned businesses, and State- certified service- disabled veteran business enterprises, preference in the award of contracts fo &goods and contractual services; and July 10, 2007 ITB -45 -06/07 , City of Miami Beach 47 of 59 WHEREAS; the following ordinance will not result in the City"paying more for goods and services, since it provides eligible veterans and service - disabled veterans with the opportunity of providing such goods and services at the same cost as the lowest bid received; and WHEREAS, - the basic tenet of public procurement:of ensuring maximum competition will remain intact by requiring competitive bids. THEREFORE BE 1T ORDAINED :BY THE MAYOR - � NOW, AND CITY COMMISSION .. OF THE CITY'OF MIAMI.BEACH, FLORIDA as follows:. - SECTION 1. That Chapter 2, Article Vi, Division 3 of the Miami Beach City Code is hereby . amended creating a new Section 2 -374 as follows: I ARTICLE VI. PROCUREMENT i } DIVISION 3. CONTRACT PROCEDURES Sec. 2 -374. Procedure to provide preference to Veterans in'contracts for goods and contractual services. (1) Definitions. For purposes of this section only, the followino'definitions shall apply (a) Bid shall mean a competitive procedure established by the City through the issuance of an invitation to bid (ITB), request for proposals (RFP), request for oualifications (RFO), request for letters of- interest IRFLI), or °the solicitation-of purchase orders . based on oral or written quotations. (b) Certified service - disabled veteran business enterprise means an independent owned and operated business. domiciled in Florida, and as further defined under Section 295.187(3)(c) of the Florida Service - Disabled Veteran Business Enterprise Opportunity Act, as same may amended from time to time, that has been certified by , the Florida State Department Management Services to be a service- disabled i' veteran business enterprise. (c) Service disabled veteran means a veteran who is a pennanent'Florida resident with a service - connected disability, as determined vbv the United States Department of Veterans Affairs, or who has been •terminated from military service by reason of disability by the United States Department.of Defense. (d) Service- disabled business enterprise means an independently owned and operated business domiciled in Florida, and as further defined in'Section 295.187(3)(c) of the "Florida Service - Disabled Veteran Business Enterprise Opportunity Act," as'same may be amended from time to time. (e) Small business concerns owned and controlled by veterans means those independently owned and, operated small businesses, as defined in Section '502 of I 2 July 10, 2007 ITB -45 -06/07 City of Miami Beach 48 of 59 the Veterans Benefits, Health Care, and Information Technology Act of 2006, as same may be amended from time to time, which are also domiciled in Florida, and listed in the federal Database of Veteran -owned Businesses. (f) Veteran means a person who served in the active military, naval, or air service and who was discharged or released therefrom under honorable conditions. For purposes of this section. the definition of "veteran' shall adopt the same definition, as provided therefor in Section 1.01(14), Florida Statutes, as same may be amended from time to time: (2) Preference in purchase of goods or contractual services. (a) tTB's and requests for oral or written qualifications. The city. when considering two (2) or more bids submitted pursuant to an ITB or an.oral or written request for quotations for the purchase of goods or contractual services shall give a preference to a responsive and responsible bidder which is a small .business concern owned and controlled by a veteranls) or which is a service - disabled veteran business enterprise, and which Is within five percent (5 %) of the lowest and best bidder, by providing such bidder an opportunity of providino said goods or contractual services for the lowest responsive bid amount. "Whenever, as a result of the foregoing preference, the adiusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service - disabled veteran business enterprise constitute " the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to Quality and service, then the award shall be made to the service - disabled veteran business enterprise. (b) Request for proposals, request for qualifications, and request for letters of interest. The city commission, or the city manager (in instances where such action has been delegated to the rnana-ter), in considering, determining, and /or approving the evaluation methodology. selection criteria, andlor other factors determined by the city to applicable in the recommendation and selection of proposers submitting responses pursuant to an RFP, RFQ, or RFLL as appropriate, shall include (as part of such evaluation methodology. selection criteria. andlor other applicable factors to be set forth and included .within the RFP, RFQ, or RFLI document) and give an additional five (5) points (where the evaluation methodology is based on points system from 0 — 100 points). or an additional five percent (5 %) (where the evaluation methodology is based on a percentage system from 0 100 %), to proposers. which are, or include as part of ' their proposal team, a small business concern owned and controlled by a veteranls) or a service- disabled veteran business enterprise. (3) Comparison of qualifications. The preferences - established herein in no way prohibit the right of the City Manager andlor the Mayor and . City Commission. as applicable, to compare quality of ' oods and /or contractual services proposed for purchase and compare qualifications, character, responsibility and fitness of all person, firms or corporations submitting bids. Further, the preferences established herein in no way prohibit the right of the City Manager andlor the Mayor and City Commission. as applicable, from giving any other preference permitted by"taw in addition to the preferences granted herein. i g July 10, 2007 ITB-45 -06/07 . City of Miami Beach 49 of 59 BEACH CITY OF.MIAMI.BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: Name of Company Contact Person:. Phone Number: Fax Number: E -mail: Vendor Number (if known): • Federal ID or Social.Security Number: Approximate Number of Employees in the U.S.: (If 50:or less, skip to Section 4, date.and_ sign) 'Are any of your employees covered by a collective bargaining agreement or union trust.fund? _Yes 'No . Union name(s): Section.2.:Compliance Questions Question 1. Nondiscrimination - Protected. Classes A. Does your company agree to not .discriminate against your employees, applicants for employment, employees of the City, or of the.public.on. the basis of the fact or perception of a person's membershipin'the categories listed below? Please note: a "YES" answer means your company. agrees it will not discriminate; a_ "NO" answer means your T _ company refuses to agree that it will not discriminate. Please .answer yes or no to -each category. ❑ -Race _ Yes No ❑ Sex _Yes No ❑ Color Yes No ❑ Sexual orientation Yes 'No ❑ Creed Yes - _ No ❑ Gender identity (transgenderrstatus), - Yes _ No ❑;Religion _ Yes _ No ❑ Domestic partner status _ Yes No ❑ National origin - Yes _ No ❑ Marital status _ Yes _ No ❑ Ancestry _ Yes - No ❑ Disability _Yes _ No El Age _ Yes _ No ❑ AIDS /HIV status _ Yes 'No ❑ Height Yes No D Weight _Yes _ No B. Does . your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. Yes No July 10, 2007 ITB -45- 06/07 . City of Miami Beach 50 of 59 .Question 2. Nondiscrimination -' Equal Benefits for.Employees with Spouses and Employees with Domestic Partners . Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. . A. Does your company provide or offer access to any benefits to employees'with . - spouses onto spouses of employees? _.Yes-_ No B.' Does your company provide or offer access to any benefits to employees, with (same or opposite sex) domestic partners* onto domestic partners of employees? _ Yes _No "The term Domestic Partner shall mean any two (2) .adults of the same or different,sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, *or with an internal registry maintained by employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow forthe provision of equal benefits-to employees with domestic partner who do not register.their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists.,A.Contractor that institutes such registry shall not impose. criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami.Beach If you answered "NO" to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. ' you answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. Question 2. (continued) .C. Please check all benefits that apply to your answers above and list in "other" section any additional benefits 'not already specified. Note: some benefits are provided to employees, because they have : a spouse or domestic partner, such as bereavement _. leave; other benefits are. provided directly to the spouse or domestic partner, such.as medical insurance. BENEFIT. Yes for Yes-for Employees No, this Documentation of this Employees with with Domestic Benefit is Not Benefit is Submitted Spouses Partners Offered with this Form Health o ❑ ❑ ❑ Dental ❑ ❑ ❑ ❑ Vision ❑ ❑ ❑ ❑ Retirement (Pension, c ❑ ❑ ❑ •401 (k), etc. Bereavement ❑ ❑ ❑ ❑ Family Leave ❑ ❑ ❑ ❑ Parental Leave ❑ ❑ ❑ �- ❑ Employee Assistance ❑ ❑ ❑ > ❑ Program Relocation& Travel ❑ ' ❑ ❑ ❑ Company Discount, ❑ ❑ ❑ ❑ Facilities &• Events Credit Union ❑ ❑ ❑ v Child Care ❑ ❑ ❑ ❑ Other. ❑ ❑ ❑ ❑ July 10,.2007 ITB45 -06/07 `City of Miami Beach '51 of 59 Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application . with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question2C. Without proper documentation; your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. for example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? XYes_ _'No Section 4. 'Executing the Document I declare under penalty of perjury under the laws of the State of Florida that.the foregoing is true ` :and .correct, and that] am authorized to bind this entity contractually. ExeqteV this 28 day 'March in the .2012. ,.at_ 'Dublin OH City State .5000 Tuttle Crossing Blvd Ignature Mailing Address Heather Legg Dublin, OH 43016 Name of Signatory (please print) City, State,.Zip Code Bid & Contract Representative Title July 10, 2007 =ITB�45 -06/07 City of Miami Beach 52 of 59 tt 1 ,1A BA C� I CITY OF "MIAMI BEACH ' REASONABLE MEASURES APPLICATION :Declaration: Nondiscrimination in Contracts and Benefits Submit this form•and supporting documentation to the City's Procurement Division ONLY IF you: a.: Have taken all reasonable measures'to end discrimination in benefits; .and .b. Are unable to : do so; and c.1ntend.to offer a -cash equivalent'to employees for whom equal.benefits are not available. You must submit the following information with this form: 1. The names, contact persons -and - telephone numbers of. benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on .which such benefits providers were contacted; 3. Copies .of any written response(s) you received from such benefits, providers, .and .if written responses.are unavailable, summaries of oral responses; and 4. Any, other information you - feel 'is relevant to documenting your `inability ' to end discrimination in, benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination`in benefits. .I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and-that I am. authorized to bind this entity contractually_ Bound Tree Medical, LLC 5000 Tuttle Crossing Blvd Name of Company ( lease print) Mailing Address of Company ' .'Dublin, OH 43016 ignature City, State, Zip . "heatnerLegg buu- 533 -u523 Name :of.Signato y (please print) Telephone Number Bid & Contract Representative 03/28/12 July's 0; 2007 ITB-45 -06/07 City of Miami Beach 53 of 59 'Title Date Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor -has taken all reasonable measures by the City Contractor that demonstrates that it is not possible for the City. Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted; in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or -- spouse, if applicable). The Cash Equivalent -is- equal -to -the - employer's direct expense providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits - apply: - a.' For bereavement leave, cash payment for the number of days that would be allowed as paid 'time off for death of a spouse. Cash payment would , be in the form of wages of the domestic partner employee #or the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid_on.a regular basis while the domestic partner employee maintains the such insurance in1orce for himself.orherself: ,c. For family medical leave, cash, payrrients for. the number of days that would be allowed as time off for an employee care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee the number of days allowed. July 10, 2007 1TB-45 -06/07 City of Miami Beach 54 of 59 EMPLOYEE I- IANDBOOI Sarnova Sarnova 5000 Tuttle Crossing Blvd. Dublin, Ohio 43016 Phone 614 - 760 -5000 • _ .. - S r *9"`�',�,y"�r tt" t^„r r,• � te e: - .. x � r .. :E L 1 1 B UL Ty All full-time employees are eligible for the benefits outlined in the employee handbook;'with some benefits also offered to part -time employees, as specifically'indicated. Benefits offered . to employees with espouses are offered equally to employees 'with domestic 'partners. Domestic partners include both opposite -sex and same-sex partnerships and must meet certain as required by the insurance providers. "P,A'I.:D T'I WE Of F ( E X C L U D I N G "O U T'S I D E 'S A L E:S') In order to provide all eligible employees with time away from their daily job responsibilities,, employees are provided Paid Time Off (PTO). PTO can be used for reasons such as; _.._ • . Vacation; • When an employee is ill or injured and unable to report to work;, • When. an employee has a scheduled physician's appointment; • When" an employee must care for an immediate family member who is ill injured. An immediate family member is defined as: spouse, domestic. partner, child, stepchild, child for whom'. the employee has parenting - responsibilities, :mother, father; sister, brother, grandmother, grandfather, grandchildren, and in -laws (to include: spouse or : domestic partner's mother, father, sister, brother, grandmother, and grandfather); When accompanying an eligible family member to a scheduled physician's appointment, or attending to an eligible family member who is hospitalized; OR • Personal reasons or emergencies:' (This list is not inclusive.) Sarnova -Handbook A O PT I O N -A S S1 '.S'T A N•C E Full-time employees who have completed at least six (6) .months of service are eligible to : receive:reimbursement for adoption related expenses up - to $2000 per adoption.' Examples of . covered expenses include public and piivate agency fees, court costs, legal - fees, home study fees, foreign adoption fees, .and any other reasonable and customary cost associated, with adoption. Employees must be employed with'.Samova at the time of reimbursement: EMPLOYEE D I S C-O'U N T P •R 0 G °R :A M,' , Full-time employees who have completed at least six (6) months of service are eligible to participate in the Employee. Discount Program. The intent of this program is to provide employees .a savings benefit when making purchases - for individual use from the Company: Eligible employees may purchase products from any Samova-Company at standard cost plus applicable taxes, freight, or other incidental charges. Orders must be placed with a supervisor or manager in Customer Service .and - payment must be -made by credit card .at the time of purchase. Restrictions • Items purchased must be for individual'use and not for resale or + Certain - products are excluded -from this. program, such as pharmaceuticals,. regulated medical. devices, special order items, or any products that require certain licenses for.purchase or use. The Company reserves the rightto exclude _ any product from this program at any time. • 'Items purchased and intended -as gifts „must not violate the Gifts and Gratuity Policy or the Code of'Conduct. . Employee purchases will be reviewed periodically' to .ensure the program is being used appropriately. Abuse .of the program will result in corrective action; up to and including termination. 'EMPL.OYEE AS'SFS'T -AW C;E - PR•O-GR'AM Sarnova recognizes that a wide range of problems not directly .associated with an employee's . job, can have a negative.effect on job performance and may also create personal hardships. To help assist an .employee or..an employee's family during such times, Sarnova provides an Employee Assistance Program (EAP). An EAP provides employees and their family members with short -term, professional, and confidential assistance for a variety of personal problems such as stress, marital and /.or a cohoi and drug abuse, psychologicai - issues, financial issues, and /or other problems.-Both full and part -time employees are eligible for the EAP. Employees should contact .a 'member of Human Resources for additional information. 37.. -._ .: Sarnova :Handbook OTH BE NEFITS Sarnova offers a variety of other benefits to full -time employees including: • Healthcare insurance • Dental insurance • Vision .care insurance Life insurance (basic and supplemental) Accidental Death and Dismemberment insurance (basic and supplemental) • Disability insurance (short term and long term) . • Retirement savings program (401k plan) • Flexible spending accounts (health care and dependent care) A'Note about the Health Insurance Portability and Accountabili ty Act of 1996 (HIPPAI T llile the TM is a=lable to arrzrt Y&i gxj2kvu rung kw um zoo Explxnakon of Beh r i (amvw and /orppmnt of dam, please note thatin acrrnzlance with I�PP 9A regulatioszs, any arizrtancepmuded by an xdvn i?d agent of Sarnouz rt ngperyonal health ireformewn. will rr an Aori -Zation forReleare Health I mrytlakon to be feted the 38 Sarnova Handbook Leave ofAbsences GENERAL. INFORM A T I O.N . Sarnova understands that employees may, from time to time, require an extended amount of time away from work to attend to personal matters or civic duties. For that purpose, the Company offers several options for employees to consider. M - E O I .CAL , FAMILY OR P "E R -S-0 WA.L L'E AV E_' Sarnova.offeis, a variety of leave of absences to accommodate employees who require three or more days away from work due to medical, family, or .personal issues. It is important for employees to contact the ' Human Resources department when considering the possibility of taking any type .of leave, as eligibility and required • documentation will vary. An employee's total leave (including all time taken for medical or family care reasons) may. .not exceed 12 weeks within .a 12 -month period. The. 12 -month period during which cleave may be taken is measured backward from each date leave is taken. .Except in cases where employees are eligible for disability benefits, employees are-required to use all applicable :and .available paid ` time off options, including PTO, ,personal holidays and floating .holiday, time, before taking unpaid time during their approved leave. Medical Leave Employees that have completed :at least 12 months of employment, have worked at least 1,250 hours in the 12 :months prior to the start of leave, .and work at a worksite with less than 50 employees within 75 :miles, may be eligible for .up to 12 weeks of unpaid •medical leave in the case . of .a serious health condition that :renders the employee unable to perform the essential functions of their job. A "serious health condition" is defined' as an illness, injury, impairment, or physical or mental condition involving either in- patient care or continuing treatment by.a.health care provider, and may include work related injuries and illnesses. *For et*loyees who work at a worksite with 50 or more employees, see Family and Medical . Leave Act (FMLA). FainVy Leave - , Employees that have completed at least 12 months'of employment, have, worked at least "1,250 hours : in the 12 months prior to the start of leave, and work at ,a' worksite with less than 50 employees within 75 miles, may .be eligible ,for up to weeks of . unpaid family leave for the following reasons: • The birth of an employee's child or an employee's domestic partner's child; + - The placement of a child with an employee or an employee's domestic partner for adoption or foster care; or • A serious health condition affecting an employee's spouse, domestic partner, child, domestic partner's child, or parent for which the employee is needed to »rpgirlP rare, *For employees who work at a worksite urith 30 or -more enokyees, see Family and Medical Leave Act (FML,4). 39 Sarnova - Handbook ; Personal Leave - .After compledon,of 120 consecutive days of regular employment, an employee may be eligible 'for an unpaid personal leave for a minim of three days and up to' a maximum of 30 days. Employees are required to provide at'least 30 days notice of the need for leave, or as much advance. notice as possible..'All time off is subject to approval by management. If applicable, the certification - . from a physician does not guarantee an approval of leave. Leaves L will be granted' only when the reason for the request, the , needs of the Company and employee performance clearly warrant except when required under federal and /or state laws. Leave of absences will-begin on the date requested or date of need, and may include paid time . off as _required by - policy. While on a leave of. absence, employees are required to furnish periodic -reports of their status and intent to return to work at least every 30 days. In cases of medical or family leave, this may include a re- certification or second opinion from a healthcare provider. Failure to do so may result in termination. Under certain circumstances, employees may be eligible to take medical or family leave on an intermittent or reduced work schedule.` During an , intermittent or reduced work schedule, employees may be required to transfer to an available alternative position for which they are qualified. , `If.an employee is on leave due to a serious health condition, the Company will make every attempt. provide light duty :and accommodate any restrictions as directed by .a certified physician to allow the employee to return to work as soon as possible, If the employee is able to return work earlier than expected- the employee must notify their direct supervisor and /or a .Human. Resources representative at least two (2) -business days prior to returning. . In addition, pn'or'to ;returning to work, the employee must submit a -fitness for duty certification from their healthcare provider � specifying a return to work date and any restrictions or accommodations - needed. During _a leave of absence, health insurance benefits will .be maintained under the same conditions :as :if the employee continued to work. The employee, is responsible for paying their portion of the premium while on leave. Failure to remit premium payments may result in the loss of maintenance of insurance coverage by 'Sarnova. While on .a leave of absence, employees are considered to be in an "in- active" status. Therefore, employees are not eligible to,receive holiday pay, earn PTO, or receive an increase of pay while on leave. Employees who are scheduled to receive a merit increase while on leave will be awarded the increase upon their return to work. If paid time offbenefits such as PTO, personal holiday or floating holiday time are awarded while an employee is on leave, the employee may. receive those benefits on a prorated basis upon their return to work, - except where prohibited by federal and /or state law: Employees are restricted from gaining other employment while on a leave of absence from Sarnova. Employees who begin employment elsewhere while on a leave of absence, except 40 Sarnova Handbook military reserve duty, are.considered to have quit voluntarily. Other employment that existed prior to the leave of absence is not prohibited. While an employee is on leave, Sarnova will attempt to hold open the 'employee's position; although the position may need to be filled due to business' needs. If the position is filled while the employee is on leave, and the employee is ready to return to work; the Company will try to locate a position that is comparable to the employee's original position, held when the leave of absence began. If Sarnova has no position 'available, the employee does .not accept a - position .offered, or the employee does not return to work. .at. the conclusion of an approved leave, the employee will be considered .to. have resigned employment. PAM 1 L Y 'ME D 1 CAL -L, E A V ''E ACT '( F M L A) For employees that have completed at least 12 months of employment, have worked at'least 1,250 hours in the 12 months prior to the start of leave, and work.at a worksitewhere there are 50 or more employees within 75 miles, up to 12 weeks of family or medical leave'maybe considered leave under the FMLA. An employee's total FNU—A leave (including all time taken for medical or family care reasons) may not exceed 12 weeks within a 12 7 month period. The 12 -month period during which FMLA leave may be taken is measured backward from each date FNLLA leave is taken. For the purposes of FMLA leave, an employee's spouse, children (son or daughter), and parents are immediate family. The term "parent" ,does not include :a parent "in- law?'._ The terms son or daughter do not include individuals age 18 or over •unless they are "incapable of self- care" because of mental or physical disability that limits one or more of the "major life activities ",. has those terms are defined, in regulations .issued by the Equal .Employment Opportunity Commission under the Americans with Disabilities Act. If an employee satisfies all .of the ,conditions of the F NILA and :returns to work before exhausting the available 12 weeks, they will be restored to their former ;position (or an equivalent position), with the same pay, benefits, and conditions of employment, provided the .:job would still be available had the leave not been taken. Additional information regarding F .A is provided in the Appendix of the Sarnova Handbook. Employees in the state of California may also be eligible for leave under. the California Family . Rights Act. Information regarding CFRA is provided in the Appendix of the Sarnova Handbook. •41 Sarnova Handbook ` CITY OF MIAMI:BEACH " SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination .in Contracts.and Benefits This form, and supporting,documeritation, must be submitted to the Procurement Division by entities seeking to contract with the City "of .Miami Beach "that wish to delay ending their discrimination in benefits, pursuant to the Rules of Procedure, as set out below. - Fill "out "all'sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in may be delayed until the first effective date after_ the first open enrollment process following the date the contract with the City begins, - provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay ' may "not exceed two years from the date.the contract with the City is entered into, and only`applies.to benefits for which an open enrollment process is applicable. Date next:benefits plan year begins: January 1 2013 Date nondiscriminatory benefits will :be available: January 1, 2013 Reason for Delay: There will not be a delay, they have the same benefits as employees with spouse or domestic partners o oppsite-sexor same sex. Description of efforts being undertaken to end discrimination in benefits: All full -time employees are eligible for the benefits outlined in the employee handbook, wit some als offered to part =time employees, as specifically indicated. Benefits offere - to employees with.spouses are offered equally employees with domestic partners. Dom estic partners include both oppsite -sex and same -sex partnerships and must meet certain rcn, iromon4c �c rcrn �irorl by 4o inci rnnr`c nrC >iirinro . July10, 2007 ITB -45 -06107 City of Miami Beach 55 of 59 B. Administrative Actions and Request for Extension s Ending discrimination in• benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the :City Contractor's infrastructure. The time allotted for these.administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension -of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include' but are not limited to such actions as - computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: N/A If requesting extension beyond.three months, please explain.basis: N/A C. Collective Bargaining Agreements (CBA) There is no Collective Bargaining Ending discrimination in benefits may• be delayed until the •expiration of ,a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is governed by one or -more collective ;bargaining agreement(s); . 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved :agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits with outareopening the collective bargaining agreements; and 3. In the eventthatthe City Contractor cannot end discrimination in*benefits despite taking all reasonable 'measures to do so, the City Contractor .provides a cash POLINalent to eliraihle emnlnyeec for whom henefits are -not available. Unless otherwise authorized in writing by the Procurement Director, this :cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in , any case no longer than three (3) months from the date the contract with the City is entered into. July 10, 2007 ITB-45 -06/07 City: of Miami Beach 56 of 59 For a delay to be granted under this.provision, written proof must be submitted with this form that: The .benefits for which the delay is requested are governed by a collective bargaining agreement; All reasonable measures have been taken end discrimination. benefits (see Section -C.2, above); ,and .• A cash equivalent payment will be provided to eligible employee's for whom benefits are not available. . I declare (or certify) under penalty of under the laws of the: State of Florida that the foregoing .is - true and correct, and that 1 am authorized to bind this entity contractually. Bound Tree Medical, LLC 5000 Tuttle Crossing Blvd Aga of Compa (please print) Mailing Address of Company Dublin, OH 43016 ure City, State, Zip (leather Legg 800- 533 -0523 Name: of Signatory (please print) Telephone Number -Bid & Contract Representative - 03/28/12 Title Date July 10, 2007 ITB-45 -06/07 City-of Miami Beach 57 of 59 . - l r - QUICK REFERENCE =GUIDE TO' EQUAL BENEFITS COMPLIANCE STEP 1: UNDERSTANDING THE LAW STEP .2: -HORN TO COMPLETE THE.'DECLARATION: NON-DISCRIMINATION lid CONTRACTS AND What does.the law- require3 'BENEFITS FORM The proposed Ordinance '. will require certain: contractors :doing ' business, with the Ciiy .of" Miami Beach, who are awarded a.. Section .1 asksyfor Information about,your company. If the contract. pursuant to competitive, bids, ,to provide 'Equal Benefits" company employs 50 or. less employees in the to their .employees with domestic partners, as they provide to U.S., skip to Section 4, date and-•sign*' employeesiwith spouses:' Section "2. Question 1A asks whether your company Who is- covered:byfh6 Ordinance! prohibits .discrimination against people based on the Competitively >bid City contracts volued:at over $100,000 whose categories listed: contractors maintain 51 or :more full time employees on their Answer, "YES" if your .company. does have such a: payrolls during 20 or more calendar :work weeks. For more policy, Information, see Equal Benefits Ordinance- Summary. Answer "NO" if your.cornpaO does not - have such.a' policy. What benefits are covered? The Ordinance applies to all benefits offered by .a contractor to lts Question 1B asks whether your company agrees .to include L who have spouses a :domestic parfners:and all benefits,: ; a :nondiscrimination' clause to all subeonfrocts en#ered into 'offered directly to such spouses or domestic partners, even :when for the, performance of a 'substantial ; 'portion .of the any° " "the employee,: paps the: entice cast of the`tienef33. Tlis.includes.liut controcts you have with'tfe; City. Ttiis, douse must include € %not lim €ted: sick leave; bereavement leave, fomity: miechca) "all of the categories Iisted,in question lA. You must answer. 'leave, arid : health benefits.. this question even €f company will not be entering into any subcontracts associated with work performed. for the What is` a Domestic- Partner? "City: A "Domestic Partner ".shall mean, any two "`(2) adults .of :the _some or:' Answer "YES" If you will ..agree to include ii:.. different sex who have registered as domestic partners with a nondiscrimination clause in subcontracts:. government. body. pursuant to state and local law: authorizing such: Answer 'NO' if you will not agree to include a registration,.. or, with an .internal registry maintained by Hie: nondiscrimination clause in subcontracts. employer of of least:one of the -. domestic partners. Question 2A asks whether; your company .offers benefits; What ' i£' :a . contractor is , unable to offer benefits (such ;as . medical insurance) :to employees' spouses or to. equally? employees..because they are married (such as bereavement Some contractors are unable to find, on insurance. company willing leave which can be: taken because :ol the death of a, to offer domestic . partner coverage. When a contractor takes all- spouse, or family: medical leave which can be 'rtaken reasonable measures :to stop discriminating, but can`t for reasons because of aspouse'. having -:a serious medical condition). outside its: control :it can comply with the``:Equal:Benefits Ordinance Answer "YES" if you offer any.such benefits. tf, it agrees io spay a cash equivalent, A cash equivalent :is the,: Answer 'No' if you do: not offer.any such benefits. amount of money <Paid :by an..employer for the spousal beneHt=that is - unavailable for domestic,. partners, or vice versa. For more NOTE: You are considered as offering a benefit even if information, see Reasonable Measures Application you don't pay for it. if access to the benefit is offered, but., the cost. must be paid in whole or in part: by the employee, What if a company will comply but .:needs. -time to do you should still answer "YES '. it? :. Once a contractor makes it clear that it will .comps with the Question 2B asks whether you company offers benefits Declaration, in certain situotions:ending discrimination I;) benefits, (such as .medical insurance) to :employees' domestic " may be delayed. Fortristonce, offering medical insurance may be partners or to employees :because they are in a domestic delayed until the contractor's next enrollment ,period; other partnership (such as bereavement leavewh.ich.con betaken benefits, :such as bereave leave, may be delayed until the because of the death of a domestic partner, or family contractor's :personnel policies can be revised, For more medical leave which can be taken .because of a domestic information, see Rules of Procedure of-the Substantial Compliance partner having a serious medical condition). F Orm• An °YES" f,you offer any such benefits. Answer " if you do riot offer any such benefits July 10, 2007 ITB-45 -06/07 City of Miami Beach - 58 of`59 NOTE: To comply, your answers to questions 2A and A should family Leave Your company's Family and Medical. be the some. In very limited circumstances, you may comply Leave Act policy. All companies with '54 or more without offering benefits equally. See Reasonable Measures employees must offer this benefit. Your policy should Application Form. indicate that employees may take.-leave :because of I the serious. medical condition of their spouse or domestic Question 2C should be filled out ONLY if you ,have answered partner.. `. "YES" to question 2A and/or 2B. It asks you to indicate which benefits you offer to spouses for employees because they are parental Leave Your company's policy indicating that married), which benefits you offer to domestic partners for employees may take leave for the birth or adoption of a employees because they are in ❑ domestic partnership), and child,:to.care for a child who is ill, and/or to attend school which benefits you do not offer. Please indicate only those benefits appointments. If leave is available for ,stepchildren (the . offered. if you offer benefits not already listed, write them in where spouse's child) then leave also should be available for the it.says "other ". Remember, offering access to a benefit is still child of a domestic partner. considered a benefit, even if your company does not pay for it. Employee Assistance Program . Your " company's Nate' if you can't offer all benefit in .a nondiscriminatory - manner, employee assistance program policy confirming that because of reasons outside your control, (e.g. there are no `spouses, domestic partners and their parents and children insurance providers willing to offer domestic partner coverage)' are equally eligible for ineligible) for such benefits. you. may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay.) cash equivalent; Relocation & Travel Your company's policy confirming submit a completed Reasonable Measures Application Farm with that.ex0enses for travel or relocation will be paid on the all necessary attachments and have your application approved by same basis for spouses .and'' domestic partners of the Procurement Division of the City of Miami:Beach. employees. Discounts, Facilities & Events Your company's policy Step 3:•ATTACH'THE NECESSARY'D©CUMENTA710N confirming that discounts facilities (e.g:' gym). and events (e.g. holiday party) are equally ovailable to spouses and Section 3 states that you must - submit documentation that verifies domestic partners of employees, all benefits marked in your answer to Question 2C are offered in a nondiscriminatory manner. When passible, it is best if you submit ":Credit 'Union. .Documentation from the .credit union this documentation along with your Declaration form, For policies indicating that spouses and domestic partners have equal that ore unwritten,. submit a letter to the Procurement Division access to credit union services., indicating this. Use the list below as a guide •for the type of documentation needed. Child. Care Documentation that the children T6f spouses (step- children),and children of domestic partners hove equal Medical Insurance A statement from your medical :insurance access to child care services. provider that confirms spouses and domestic partners (as defined ' under this Ordinance) receive equal coverage in your medical Other Benefits - Documentation of any other benefits listed pion. This may be in a 'letter from your insurance provider, or to indicate that they are offered equally.. reflected in the eligibility section of your insurance plan document. Similar documentation is needed for other types of For medical .insurance companies providing domestic insurance plans. partner coverage in the State of Florida, refer to the Domestic Partner insurance Coverage Search available Reti rement Plans (including 401k &pension plans} online' at: www.miamibeachfl.aov under Business, The sections of your pension {clan detailing how employees Procurement drop down lisfi. receive benefits. This should cover joint annuity options and pre retirement death .benefits. Documentation should .indicate that . For any questions on the City of Miami 'Beach Equal employees with domestic partners and employees with spouses Benefits Ordinance or how to. ,complete the applicable receive the some benefits, and payment options. forms,. please contact: Bereavement Leave Your bereavement leave of funeral leave Cristina Delvat, Contracts Compliance Specialist 0 C policy indicating the benefit is offered equally• if your policy 1 0v t io en allows em to ees time off from work because of the death of a � l: 3 5 - 673 - ti Cen F ax': Drive, Miami Beach, FL 33139 - p Y Tel: 305 -#i73 -7490, / Eax: 786394 -4000/ spouse, it should also allow for time off because of the death of a eristnadelvat @ miamlbeachti Pov domestic partner. if the policy allows for time off due to the death of 'a parent iniaw or other'ielative of a spouse, it trust include time vv'e are commmed to providing excenenr public service ano solely off for the death of a domestic partner's equivalent relative. to all who live, work and play in our vibrant, tropical, historic community. . I July 10, 2007 ITB-45 -06/07 City of Miami Beach 59 of 59