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Quadmed, Inc. C11 .� MIAMBEACH 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): Quadmed, Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action,taken ythe Mayor and City Commission of the City of Miami Beach, Florida, on May 9;`:2D12, 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- 11/12 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'-blankef 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. 11112. 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 JavierOtera, -City of Miami Beach, Fire Department Chief at 305 - 673 -7000 ext. 2803. 4 E. INSURANCE CERTIFICATE(S) - The'_Contractor shall file Insurance Certificates, as required, which must be signed by a Registe red' insurance Agent licensed in State of Florida, and approved by the City ofMiami "_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 andior services required'. by Contract Documents without the prior written consent of the City. Certification of Contract R Contractor warrants and represents that all per.'sons providing /performing any supplies, work, and /or services required by the. Contract Documents have the knowledge and skills, either by training, experience, reducation, 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 to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous andethical 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''contrabi to provide any goods or services to the City, may not submit a bid on a contract 6` City, for the construction or repair of a public building or public work, may n6t' `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;` 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 - `Contracto is an independent contractor under this Contract. Supplies, work, and /orW.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'Contra'ctor 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. r J. THIRD PARTY BENEFICIARIES Neither Gortractor nor City intends to directly or substantially benefit a third party by 'this Contract and /or the Contract Documents. Therefore, the parties agree that therare° 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. � a i z 4 3 t fi 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 fora written receipt of acknowledgment of delivery, addressed to the party for wfiom i,i 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 Quadmed, Inc. 11210- 1Philips Industrial Blvd. Jacksonville, Florida 32256 - Attn: Andrea Aaron L. Pratt Phone: 904- 880 -2323 Fax: 304- 880 -2303 E -mail: aaroODguadmed.com L. MATERIALITY AND WAIVER OF.-BREACH .City and Contractor agree that each requirement, duty, and obligation set .forth Jri.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_C'ontract Documents shall not be deemed a waiver of such provision or modifcation ' this,"Contract. A waiver of any breach of a provision of this Contract shall not be "deemed' a waiver of any subsequent breach and ' of shall not be construed to be a modification 1he 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 Contrar_.t based-iinnn thig provision -,hall be made within cP_van (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 i entering into this Contract, Contractor .and City hereby expressly waive any rights i either party may have to a trial by jury.of.'any civil litigation related to, or arising out of the Contract and /or the Coritract: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 provisioh� (as enforced by the City) shall prevail. Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this day of 719s 20 /x- by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By By 1 - err ibbin President! Signature ayor Y Print Name Date Date ATTEST: ATTEST: Secretary/ Signature City Clerk /, & 4�cY Print Name Date Date INCORP ORATED: �q C� �C 1 _ F: \PURC\$ ALL \SHIRLEY\contracts \ITB- 13 -11 -12 Quadmed, Inc.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION it ttome G Date 5 .. COMMISSION ITEM SUMMARY Condensed Titie: 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 Su lies in the .Estimated Annual Amount of $263,400, Ke Intended Outcome Supported: . Increase Resident Ratin of Pubic Safet Services. Issue: Shall the CIty Commission approve 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 Clty Managers: Midwest Medical Supply, ( "Midwest") • Bound Tree Medical, LLC ( "Bound ") Henry Schein Inc., ( "Henry") • QuadMed, Inc., ( "QuadMed ") • Physio- Control, Inc ('"Physic") • Zoll Medical Corporation ('loll ") .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, 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 yeer:are $128,965.80. Therefore, requested balance for FY 11112 is. `$134,434:20. APPROVE THE AWARD OF.CONTRACTS Advisory Board Recommendation: N/A Fina Information: Source�of ' Amount Account Funds: .1 :$134,43420 011- 1220 - 000343 J Total $134 DWI Financial Im act Summa : C4 Clerk's Office Legislative Tracking: Raul Aguila Si n -Offs: `D nt Diroctor Assistant City'M , g amity °sManager Z Jo -PD JMG -- - - - -- itiogaacauzci Agenda Item e A MIAM I - BE �1"'1�IL'� ,2 rJ Date 'S- 9-12— i 10,1 AM I B EAC H city of Miami Beach, 1700 Convention Center Drive, Miami - Beach, Florida 33139, --mia "beachfl.gov COMMISSION MEMORANDUM TO: May r Mate HPrrr�rq nwar and Members of the City Commission ' 'FROM: City , L fi 71 Aolez , DATE: Ma y " SUBJECT: RE AL TO AWARD CONTRACTS 'To MIDWEST i MED BOUND TREE MEDICAL LLC• PHYSIO- , , CON „. ",� L MEDICAL CORPORATION; VIDACARE COR HEIN INC.; QUADMED INC: AND GUARDIAN EMS k� xINT TO INVITATION TO BID (IT NO. 13- 11/12, FOR . �� "r MEDICAL SUPPLIES, IN T :ESTIMATED ANN � • 1 400. 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 'for medical supplies for Fiscal Year 20111202. :Expenditures to date this fiscal year are $128,965.8D. Therefore, the requested - balance for FY 11112 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 invitation to Bid No, 13- 11112 (the Bid) is to establish an agreement, by means of competitive sealed bids, - for the purchase of medical supplies as-spedified 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 teens, if approved by the City Manager. BID PROCESS The Bid was issued on February. 2,20 12 with an opening date of 'March 30, 2012. A pre - bid conference to provide' information to prospective contractors was held on February 29, 2012. .:2:6 Commission Memorandum May 9, 2012 ITB 13 -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.; Zoll 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 reserves the right to purchase or not purchase from the catalog. It will be up to ;the City to determine which company .offers the 1owest .cost, 'responsive service and provides the most efficient turnaround time forahe'items needed. BID RESULTS The bid results are attached CONCLUSION Based on the analysis of the bids received, the Administration :recomrnends - that ;the City award contracts to the _multiple vendors pursuant to invitation ao Bid (ITB) No. 13- 11/12, for the Purchase of Medical Supplies 'in'the estimated annual amount of'$263,400 forthe . Rescue Division ofthe'Miami Beach fire Department. TAAGENDA=121MAY 09VTB- 13 -11 -12 Memo.doc 27 8.Z CD p o �� n E3 m a cn �� v N C a m Z T r- m � n m c: > CD D CD � w fr N rCD G) m C) n D o N O C - o CD a Z CL �i CL m r ,, w \ Cl) w 1 O j i .(D N Cf) 0 i ?• CD GJ1 m i = ``ee O C N a CD WC j o CD ^� ED o' n CA { C ? O O N N p i. 3 O Z C) ' O 'U EA p O CD Q a Q 0 1 D CD p K .c o c CA p , _a o J cn CD D c n: vCD 0 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33.139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305- 673 -7490 Fax: 786.394.4011 March 8, 2012 RE: ADDENDUM NO. _ 1 TO INVITATION "TO BID (ITB) NO. 13 -11112 CATALOG DISCOUNT BID FOR MEDICAL SUPPLIES. 1. 'Replace Bid Form with the attached amended Bid Form. You'must include the attached revised bid.form with.your.bid submission 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 n.. 1 CATALOG BID FOR ME.PICAL. SUPPLIES BID #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.miamibeachfl.gov F: \PURC \$ALL \Shirley \Bids \1 1 -12 \Medical Supplies \ITB 13 -11 -12 Medical Supplies.doc MIAMIBEACH' 2 i MEDICAL SUPPLIES CATALOG DISCOUNT NO # ITB 13- 11/12 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) year term. 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 2012 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 for 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 ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with`lespect to quality and service, - then the award shall be made to the service- disabled veteran business enterprise. 3 MEDICAL SUPPLIES CATALOG DISCOUNT NO # ITI3 13- 11/1.2 SPECIFICATIONS 1. Catalog discount will be based on .deliveries of standard catalog supplies as 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 discount schedule 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 Aurnaround time for the items needed. 5. Throughout the contract bidders must provide and distribute current catalogs or internet access to current online catalogs 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 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 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 to the 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- 11/12 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 catalog: updated? 6 - MEDICAL.SUPPLIES CATALOG DISCOUNT NO # 1713 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 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: FAKNUMBER: 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 INVITATJON FAR BIDS PURCHASE AND DELIVERY OF MEDICAL SUPPLIES BID #13- 11 -12 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.miamibeachfl.gov F: \PURC \$ALL \Shirley \Bids \11 -12 \Medical Supplies \ITB 13-11-12 Medical Supplies.doc MIAMSEAC H MIAM18EACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov 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 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 Abe 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 returnedto 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 Hall, 4 th 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 -bid submission meeting via 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 of this Bid, 'go to www.govbids.com /scripts /southfiorida /public /home1.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'Bidtitle /number shall be referenced on all correspondence. All questions must be received no later than ten (10) .calendar days prior 10 the scheduled 'Bid opening date. All responses to .questions /clarifications will be sent to all _prospective .bidders in the form of an addendum. 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.miamibeachfi.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 MIAMI BEAC H City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov PROCUREMENT DIVISION NOTICE TO PROSPECTIVE BIDDERS Tel: 305 -673 -7490, Fax: 786 - 394 -4011 ITB- 13- 11 -1.2 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 -be retained on your mailing list forfuture - bids for the type or Product and /or service. Signature: Title' Company: -Note: failure to respond, either by submitting a bid or 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 SUPPLIES 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 per 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 permitted. If a correction is necessary, draw a single line through the 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 any way. 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 from the 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 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.LJor 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 specified: brands, and shall indicate ANY deviation fromthe 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. 1.12 SAMPLES: Samnles of items when required, must be furnished free of expense and, if not destroyed, 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(a- miamibeachfl.gov with. a copy to GusLopez u(_miamibeachfi.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 beat 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. Ifthe 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 received, 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 regulations that in any manner affect the items covered herein apply. Lack of knowledge by the 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 kirad, including cost and expenses tor, or on account 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, that the bid prices shall innitirie all rovalties or cost arisino from the use of such design. device; or 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 a 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 wequal 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 for persons with disabilities, and /or any accommodation to review any document or participate in any city - sponsored proceeding, ,please contact 305 - 604 -2489 (voice), 305- 673 -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. 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 services as a result of a:bid award, the successful `bidder will assume the full duty, obligation and expense of obtaining all necessary. Iicenses, 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 bidder has designated in the completion .of the contract as a result of his or her bid. 1..27 DEFAULT: 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 maybe grounds for the - bidder from the bidder's list. 1.1tf CANCELLATION: ION: In the event any of the provisions of this bid are violated by the contractor,1he Procurement Director shall give written notice to 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 in accordance with City of Miami Beach Ordinance No. 2002 -3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely 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 (10) 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 submission of Bids is required. A copy of such Addendum shall be sent by BidNet(D 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 Bidnet ®system are responsible ensuringthat 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. Subsequent 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 City may waive this requirement in its best interest. The City will not.be responsible for any other explanation or interpretation made.verbally or 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 the 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 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 the 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 the 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 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. _r"_ d fling li.-.nce 1 41-,C 4.ir4i•IC-- v�4k 1 --, o 4 4i ----- f.JIGVIV UJ GIIU GxlJ lllly liVlllt./IIG111..G.IJy t11Ci IJIU UII Vv llll IGVVJ1U Vr4111G1 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 for all licenses, permits and inspection fees required forthis 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 .tothe 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 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 bids or proposals. Related parties mean bidders or proposers or the principals 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 thereof of one (1) bidder orproposer 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 may be 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); then • 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 11 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, for the purpose of influencing consideration of this proposal. 1.49 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the 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 may procure the 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 GusLopez aa)- miamibeachfl.gov 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 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 willbe given to vendors certifying that they have implemented a drug free work place program. A certification form will 'be required at time of Bid submission. 1.52 PUBLIC ENTITY CRIMES (PEC): 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 orderto be deemed a responsive bidder, 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 with the city clerk. 1.56 TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful bidder, it shall fail to 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 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 termination, which shall become effective thirty (30) days following receipt by bidder of sucli notice. In 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 aii .documents. No cornpensalion 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 to the successful bidder upon a termination as provided for in this section. 1.58 INSURANCE AND INDEMNIFICATION: (See Check List for.applicability to this contract) The contractor shall be responsible for his work and every part thereof, 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 located, resulting from any action or operation under the contract or in connection with 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 the State of Florida and these 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 by the 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 from 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 commission of anv by the contractor, his agents, servants, or employees, or through the .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,carner. The contractor will obtain and maintain contractual liability, insurance in adequate limits for the sole purpose of protecting the City of Miami Beach underthe 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 he is for acts and - omissions of persons directly employed by him. Insurance coverage required in these 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 dime during the contract term, the City shall havethe 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 the Risk'Manager, maybe 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 prior to the 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 and letters of withdrawal received after contract award will not be considered. 1.61 -EXCCP T iONS 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 proposed 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 for submission 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 as and 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 vendor(s) for the supply and delivery of 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. 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 _ 221 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 tothe 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 right to 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 - vendortoprovide goods and services, and has a headquarter in'he 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, who is within five, (5 %) of the lowest and best bidder. February 2012 Bid No: 13 -11 -12 City of Miami Beach 18 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 FIXED 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 OPTIONTO RENEW WITH PRICE ADJUSTMENT: The contract could be extended for an additional three (3) years, on a year to year basis, 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 that the vendor has agreed that the optional tem may be exercised without pricing 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 1.700 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 -bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 877- 960 -3821 (Toll -free North America) (2).Enterthe 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 be reached by phone: 305:673.7490; fax: 786- 394 -4011 or. e -mail: Shirleythomas(a-miamibeachfi.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 it deems necessary in written addenda issued prior to the deadline for respond ing.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 all 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 exceed 3 -4 after receipt of order. Upon delivery, all 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 the 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 time specified, the City reserves the right to cancel - the order, seek the items from .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 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. 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 1OCally pUbli$1 er] and in effect on the date of the. hirl opening, slnWinn all egUipment and 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 bythe 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 be accompanied by a six (6) references of clients orgovernment organizations for which the'Bidder is currently furnishing:cir has furnished similar services. Reference shall include the name of .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 the Fire Department Iocated.at 2300 Pine Tree Drive, Miami Beach, Florida 33139. Delivery to other locations within the City 1imits may be requested. 2.49 BIDDER QUALIFICATIONS: In orderforbids`to be considered, bidders submitwith their bid, orwithin 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 °similartype, size and complexity of such work. The evidence will consist of listing - of contracts for similar equipment that have been :provided to public and private sector clients, within the last five (5) years, and letter from the manufacturer that bidder is an authorized distributor for the proposed manufacturer. 2.20 LATE'BIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received aftertime 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 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. 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. THREE (3) COPIES AND ONE (1) CD of the Bid Form pages and all required submittal information must be returned, properly. compieted, in a sealed envelope as.ouiiined in ilie first pareyrapi of Ge��eral Co��ditions. -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 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 team 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 24 of 46 PURCHASE AND DELIVERY OF MEDICAL SUPPLIES 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 vendor(s)'for the supply and delivery of 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. 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 posses the back -up infrastructure that allows for such continued delivery. 3:2 MATERIALS: 3.2:1 The commodities to be purchased from this contract shall include various brands of medical supplies that may be 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 unit of measure 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 Medical and First Aid supplies to the Fire Rescue Division. The City will issue Purchase Orders to the selected vendor(s) for . the purchase of supplies on an as needed basis throughout the year. 3.3.1 Orders.shall be placed by Fire Rescue Division personnel, as needed. 3.3.2 Prices shall include freight to City's premises, `inside delivery, 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. 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 the Bid Form. 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 use the balance of line fixed discount provided by the vendor, or contact the primary vendor to obtain a price quote for the ancillaryitems. 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. February 2012 Bid No: 13 -11 -12 City of Miami Beach 26 of 46 0 C � - O .0 N _ C LA m CL O. 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Y C co M O O O C X 'f0 U o f o a c� Y O t C7 E E L (D CU ff ,U m '�_ a) Y o o m cOO'cn oa> tn n m m o _ . = Ca m ,gy (n to a0 LL) f0 t` W u� � n o cD co cD cfl m M co ca M tj t` t` � r.- r- r ti m w ao o 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 N N LL U MEDICAL SUPPLIES •CATALOG DISCOUNT NO #.ITB 13-11/12" COMPANY QuadMcd Inc Name and' Date of Published Catalog (S): 2009 EMS supply catalog Attach additional sheet if required (Enclose Current Copy of Catalog) Percentage Discount: 15 offpublished prices, except Microflcx Gloves 5% off Microfleii published prices. Minimum'order $125.95 if any, required for free delivery: Items excluded from .discount: N/A Is pricing adjusted on a periodic basis? Yes If, so how often? W hen manufacturers pass on increases How Often iS the catalog updated? New Catalog being released Summer 2012 e -s 6 QuadMed, Inc 11210 -1 Philips Industrial Blvd Jacksonville, FL 32256 P: 904 - 880 -2323 F: 904- 880 -2303 aaron @quadmed.com MEDICAL SUPPLIES CATALOG DISCOUNT NO # ITB 13 -11/12 'Bidder mus acknowledge receipt of addendum (if applicable). Addendum No. 1: 03i08r20 Addendum No.2: Insert Date Insert Date Addendum No.3: Addendum No.4: Insert Date Insert Date BIDDERS NAME: QuadMed, Inc ADDRESS: 11210 -1 Philips industrial Blvd CITY/ STATE: Jacksonville, FL ZIP: 3225 CONTACT PERSON: Aaron L. Pratt PHONE NUMBER: _ 904 -880 -2323 FAX NUMBER: 904 - 880 -2303 EMAIL ADDRESS: aaron @quadmed.com FEDERAL I.D. # 59- 3184908 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 E31D SUBMISSION, THE CITY RESERVES THE RIGHT TO 'REQUEST, AND THE BIDDER MUST COMPLY WITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT OF WRITTEN REQUEST FROMTHE CITY. FAILURE TOACKNOWLEDGE'THE RECEIPT OF THIS ADDENDUM MAY RESULT IN DISQUALIFICATION 9 QuadMed, Inc 11210 -1 Philips Industrial Blvd Jacksonville, FL 32256 P: 904- 880 -2323 F: 904 -880 -2303 aaron @quadmed.com PURCHASE AND DELIVERY OF - MEDICAL SUPPLIES. ITB- 13 -11 -12 . BID CHECK LIST To ensure that your bid 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 all submittal information) General Conditions Section 1.1 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/Catalpg Information Spec Co n d itions 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 Section 2.19 - Contractor's Questionnaire X (Page 39,40) February 2012 Bid No: 13 -11 -12 City.of Miami Beach 37 of 46 MEDICAL SUPPLIES CATALOG DISCOUNT NO # 1TI3 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 "CityofJacksonvillc Address 515 N. Julia St Jacksonville, Fl 32202 Contract Person /Contract Discount Cindy D ais Telephone NO. 904.630.0280 Fax. No. 904.630.4201 E-mail cdaviscucoj. net r 2) Company Name Orange County Fire& Rescue " Address .PO Boa 5879 Winter Park, FL 32793 Contract -Person /Contract Discount Captain Jose Cruz Telephone NO; 407.836.9030 Fax. NO. 407.836.9143 E-mail j ose.cruz @ocfl.net City of Tam 3) _Company. Name ty a p 7 Address PO Box 2000 Tampa, FL 33601 Contract Person /Contract Discount Kennett, Coleman Telephone NO. 813.622.1981 Fax. No. 813.622.1990 E -mail KENNETH.COLEMAN @CLTAMPA.FL.US 7 QuadMed, Inc 11210 -1 Philips Industrial Blvd Jacksonville, FL 32256 P: 904 - .8802323 F: 904- 880 -2303 aaron @quadmed.com a a. 4) Company Name Lake EMS Address 1201 Thomas Ave Leesburg, FL 34748 Contract Person /Contract Discount Tammi Black Telephone N0. 352.326.0535 Fax. No. 352.326:9636 E -mail tblack @PIakcsumtcrcros.org 5) Company Name Desoto county Fire &Rescue Address 1985 SE Carlstrom Field Rd Arcadia, FL 34266 Contract Person /Contract Discount Sally Taylor Telephone NO. 863.993.4842 `Fax. No. 863.993.4844 `E -mail s.taylorr @dcsotobocc.com 8 QuadMed, Inc 11210 -1 Philips Industrial Blvd Jacksonville, FL 32256 P: 904 - 880 -2323 F: 904 - 880 -2303 aaron @quadmed,com MIAMI City of 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 Beach would greatly appreciate you taking afew 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 @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 I I REACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach,'Florida 33139,. www.miamibeochfl.gov PROCUREMENT DIVISION 'Tel: 305 :673.7490 Fox: 786-394-4011 PERFORMANCE EVALUATION SURVEY ITB 13.11 -12 Company Name: Point of Contact: Phone and a =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 Ability 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 su estions 1 -10 7 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 your time and effort. Please this form -by`March 29,:2012 .to "786- 394 -4011 Attn. Shirley'Thomas February 2012 Bid No: 13 -11 -12 City of Miami Beach 41 of 46 PURCHASE AND DELIVERY OF MEDICAL SUPPLIES ITB- 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 Principal Office How many years has your organization been in business under your . present .business 'name? Does your organization have current occupational licenses entitling it to do the work/service contemplated in this Contract? Please state license(s) type and number: Include copies of above licenses and certificates with. bid. Have you ever - had :a contract terminated due to failure to comply with contractual specifications? If so, where and why? "in what other lines of business are you financially interested or engaged? Give references as to experience, ability, and financial standing July 10, 2007 ITB -45 -06/07 City of Miami Beach 42 of 59 ,- CONTRACTOR'S / BIDDER'S QUESTIONNAIRE (CONTD.) Is the business entity a Miami -based Vendor? Yes O No( ) 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 ora'small business 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 ( ) '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.corporation 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. 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 Mayoror City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions 'and to whom said contribution was made. HEREBY-CERTIFY that.the above answers are'true:and correct. (SEAL) July 10, 2007 ITB -45 -06/07 City of Miami Beach 43 of 59 (SEAL ORDINANCE 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 VI 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 this state; and WHEREAS, on June 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 City public procurement methods including, without limitation, ,Requests for Proposals- (RFD's), Requests for Qualifications ( RFD's), Requests for Letters of Interest.(RFLI's), and orator 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 Vl. PROCUREMENT DIVISION 3. CONTRACT PROCEDURES i • i 1 July 10, 2007 ITB -45 -06107 City of Miami Beach -44 of 59 Sec. 2 -372. Procedure to provide preference to Miami Beach - teased vendors in f contracts for goods and gener-a4contractual services. (1) Definitions.. For purposes of this section only, the following definitions shall i MOIL (a) Bid shall mean a competitive bid procedure established through the issuance , ; shall Th n use sh ne t n-1,de � of an invitation t0 bid., T �.� r {z _. h a x=-�^S -ono_ rimer °ci[�. a��aT.+c.�-- ��o.v� requests for proposals (RFP), requests for qualifications (RFO),-reguests for letters of interest (RFLI), or the solicitation of purchase orders based on oral or written quotations. 94 aiRtepaRge and mgmtemanspe of meAt. tmminei at;d C41 - F�eVd3{9iet�t: uda i limited to plies of m aterials { 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 C provide the --e4We4 -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 to .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. } . e hgif i I i (i* La) — 9F igFeigm based OR L414 g of ni tnl n n[`nGtih me July 10, 2007 ITB-45 -06107 City of Miami Beach 45 of 59 (23) Preference in purchase of _goads or eeaaralcontractuat services. (a) Invitations to bid.: oral or written requests for quotations. Except where federal or state law mandates to the contrary, in the purchase of goods or aeAafalcontractual services by means of an seaoe4iveinvitation to bid or " pursuant 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 oe;i rB /contractual services for the lowest responsive bid amount. (4 - Whenever, as a result of the foregoing preference, the adjusted 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 guality 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. 4&}- Whenever, two or more 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. (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 considering, 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 RFP. RFQ. or RFLL as appropriate, shall include (as part - of such evaluation methodology, selection criteria, and/or 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.methodoloay is based on a Points - system from 0 - 100 points). or an additional five percent f5 %) (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 Miami Beach based vendor. ,(36) Comparison of qualifications. The preferences established herein in no way p rohibit the right of the city manager and /or the 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 right of the city , manager and /or the mayap-apd city commission, as applicable, from giving any other preference permitted by law in addition toias#ead -ef the preferences granted herein. • i July 10, 2007 ITB -45 -06/07 City of Miami Beach 46 of 59 ORDINANCE Na 2x11 -3748 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 i CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED, "ADMINISTRATION," BY AMENDING ARTICLE VI THEREOF ENTITLED, "PROCUREMENT, BY AMENDING DIVISION 3 ENTITLED, "CONTRACT PROCEDURES," BY CREATING SECTION 2 -374; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,,AND AN EFFECTIVE DATE. ' WHEREAS,. in order to increase contracting opportunities for small business concerns l owned and controlled by veterans, Section 502 of1he "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 in the federal Database of Vetteran - Owned. Businesses; and WHEREAS, Section 295.187, Florida Statutes, also referred to as the "Fiodda'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, I quality, and service, to award such procurement or contract .to the State- certified service disabled veteran business enterprise; and i• - WHEREAS, the State Act also encourages political subdivisions of the State of-Florida j 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, A 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 behalf of the nation, the State of Florida, and the public, by providing opportunities - for 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, preferepce in the award of contracts for goods and contractual services; and { July 10, 2007 ITB -45 -06107 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. -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 of the Miami 'Beach City Code is hereby amended creating a new, Section 2 -374 as follows; i ARTICLE A. PROCUREMENT . I i { I DIVISION 3. CONTRACT PROCEDURES Sec. 2 -374. Procedure to provide preference `to Veterans in contracts for goods and contractual services. Definitions 'For purposes of this section only, the folloWng definitions shall apply: ) 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 qualifications (PM. request for - letters of interest (RFLI), or the solicitation of purchase orders based on oral or written quotations. (b) Certified service - disabled veteran business enterprise means an independently 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 be amended from time to time, that has been certified l by the Florida State Department Management Services to be a service- disabled j veteran business enterprise. - Lc Service - disabled veteran means a veteran who is a permanent Florida resident with a service- connected disability as 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. (d ) Sentice- 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 Jury 1 0,.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 discharrted 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 1.41(14), Florida Statutes, as same may be amended from time to time. (2) Preference in purchase of goods or contractual services. (a) ITB'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 b 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 _roods 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 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 manager), in considering, determining, and /or approving the - evaluation methodology, selection criteria, and /or other factors determined by the city to applicable in the recommendation and selection of proposers submitting responses pursuant to an RFP, RFQ, or RFLI, as appropriate, shall include (as part of such evaluation methodology, selection criteria, and/or 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 veteran(s) or a service- disabled veteran business enterprise. Comparison of guallfrcations. The preferences established herein in no way prohibit the right of the City Manager j and/or the Mayor and City Commission as applicable, to compare quality of goods 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 and /or the Mayor and City Commission, as applicable from giving any - other preference permitted by law in addition to the preferences granted herein- 3 July 10, 2007 ITB-45 -06/07 City of Miami Beach 49 of 59 Ai v B AC 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 members of the public on the basis of the fact or perception of a person's membership in the categories listed :below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your 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 (transgender status) _ Yes _ No ❑ Religion _ Yes -_ No ❑ Domestic partner status Yes No ❑ National origin — Yes _ No ❑ .Marital status ; Yes — N o ❑ Ancestry _ Yes _ No ❑ Disability — Yes _ No ❑ Age _ Yes _ No ❑ AIDS /HIV status _ Yes _ No ❑ Height _ Yes _ No ❑ 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 apy 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 or to 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' or to 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 the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the 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. If 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 the "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 Souses Partners Offered with this Form 'Health ❑ ❑ ° ° Dental ❑ ❑ ° ° Vision ❑ ❑ ° ° Retirement (Pension, ❑ ❑ ❑ ° 401 (k), etc. Bereavement ❑ ❑ ° ❑ Family Leave ❑ ❑ ❑ ° Parental Leave ❑ ❑ Employee Assistance ❑ ❑ ❑ ° Program 'Relocation & Travel ❑ ❑ 0 ° Company. Discount, ❑ ❑ ° ° Facilities & Events Credit - union ❑ u ° Child Care ❑ ❑ ° ° Other ❑ ❑ ❑ ❑ July 10, 2007 ITB -45 -06/07 51 of 59 City of Miami Beach 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 Question 2C. 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? _Yes No Section 4. Executing the Document declare under penalty of perjury under the.laws of the State of Florida that the foregoing istrue and correct, and that I am authorized to bind this entity contractually. Executed this day of in the year at City State Signature Mailing Address Name of Signatory (please print) City, State,.Zip Code Title July 10, 2007 ITB -45 -06/07 City of Miami Beach .52 of 59 CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and=Benefits Submit thisform and supporting documentation to the City's"Procurement Division ONLY IF your a. Have taken all reasonable measures to end discrimination in'benefits; and b. Are unable to do so; and cAntend to offer a cash equivalent to employees for whom equal benefits are not available. You .must submit following information with this form: A. 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. Name of Company (please "print) Mailing Address.of Company Q :Signature City, State, Zip Name of Signatory (please print) Telephone Number. July 10, 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 provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination 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, the City Contractor, and written documentation from these providers that they will notprovide 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 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 of providing Benefits to an employee for his or her spouse. Cash Equivalent.` 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 of of the domestic partner employee for 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 in force for himself or herself. c. Ft) family medical leave, cash payments for the number of days'that would be.allowed as time off for an employee to care for a.spouse tKat has a.serious health condition.. Cash payment would be in the form of wages of the domestic partner employee for -the number of.days allowed. July 10, 2007 ITB-45 -06/07 City of Miami Beach 54 of 59 i I CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation 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 #hat apply. Attach additional sheets as necessary. A. Open Enrollment :Ending discrimination in benefits 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 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 benefits for which an open enrollment, process is applicable. ,Date - next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of effortsbeing undertaken to end discrimination in benefits: July 10, 2007 ITB-45 -06/07 City of Miami Beach 55 of 59 B. Administrative Actions and Request for Extension 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: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements (CBA) 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 without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides :a cash equivalent to eligible employees for whom benefits 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 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 to end discrimination in benefits (see , Section C.2, above); and • A cash equivalent payment will be provided to. eligible employees for whom benefits are not available. 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 1 am authorized to bind this entity -contractually. Name of Company (please Mailing Address of Company Signature City, State, Zip Name:of.Signatory (please - print) Telephone Number Title Date July 10, 2007 ITB -45 -06107 City ofMamFBeach 57 of 59 (.DICK REFERENCE.: GUIDE TO EQUAL BENEE TB COMPLIANCE STEP I. UNDERSTANDING THE LAW STEP :2t HOW TO COMPLETE - .THE DECLARATION, NON - DISCRIMINATION IN CONTRACTS AND What does the'law require? BENEFITS:FORM The proposed Ordinance will 'require" certain contractors doing. business with the City Of Miami Beach, who are awarded a Section asks for information about your company. If the contract pursuoni'.ta competitive:bids,:fo 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 sigm employees-with spouses.. Section '2, Question 1A asks whether. your company Who is covered by this Ordinance? prohibits :discrimination against people based an the Competitively bid City contracts valued at over $100,.000 whose categories listed. contractors maintain al or :mote 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 company does not have such a` policy. What benefits are covered? The Ordinance applies'. fo all benefits offered by :o contractor to its Question T B asks whether. your company agrees to include; employees who have spouses or domestic partners and.all'benefits a nondiscrimination clause Wall subcontracts entered into. offered directly to: such spouses or domestic, partners, even when. for the performance of a substantial portion -.of .the any ifte•employee: pays the entire cost.of the benefit.:Th s. includes bul; contracts you have with the city. This clause must include, is npt limited, to: sick leave, `bereaveiment lecr}s,, family >rnedicaf all of the categodes listed in question IA, You. must answer leave, and health benefits: this question even if.your co m pany wl l! not be entering into any subcontracts associated with work performed, for;the What is a Domestic partners City. A "Domestic Partner shal€ mean: any two '(2} odults,of the same or Answer "YES" if you will . agree to: include a: different sex who have registered as .domestic . partners with c :nondiscrimination clause in subcontracts. government body pumuont to:state and local law - authorizing such Answer "NO" if you :will not agree to ",include o registration, or with -an :internal registry. maintained by the. nondiscrimination clause in subcontracts. employerof at least one of: the domestic parhrers.- Question 24 :asks whether :your company offers benefits- What if -a contractor. is unable to offer benefits ( such -:as medical insurance to employees` spouses or to equally? employees because .ihey are married (such as bereavement Sdme. contractors -or6 unabie:.to find an insurance cafnpany -,willing leave which can i be. taken °because of the death of :a .:to offer domestic: partner.coverage. "When a: contractor takes all spouse, or family medical '.leave which can be taken reasonable measures :to. stop discriminoting,:but can't for reasons becouse:of a spouse '-having a serious medical condition). outside:its control, if can comply with the.Equal Benefits Ordinance Answer ' YES " if you offer, any:such benefits. if it agrees to pay a cash .equivalent_ .A cash equivalent :is `fhe Answer "NO" if you do not offer any such benefits. amount of money paid:by.an smployerfor.the spousal benefit that 1s 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 iuff access to the benefit is offered, but the cost must bepaid 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 comply with the Question 2B asks whether, you car 1pany offers benefits Declaration, in.:certain situations ending discrimination in benefits (such as medical insurance) c er)ployees` domestic may be delayed. For instance, 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 leave which can be taken . 'benefits, such as bereavement 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 con be taken because,af a domestic information, see Rules of Procedure of the Substantial Compliance partner having a serious medical condition). Fur33,• Answer "YES" If you offer'any'such benefits. Answer "NO" if you do not offer ony such benefits July 10, 2007 ITB -45 -06/07 City of Miami: Beach 58 of 59 I 1 NOTE, To comply, your answers to questions 2A and 2B should Family Leave Your company's Family and Medical be the same. In very limited circumstances, you. may comply Leave Act' policy. All companies with 50 or more without offering benefits aqually. See. Reasonable Measures employees -must offer this benefit. Your policy should Application Form. indicate that employees may take leave because of 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 (or employees because they are Parental Leave Your company's policy indicating that married), which benefits you offer to domestic partners (or employees may take leave for the birth or adoption of a employees because they are in a domestic partnership), and child, to care for 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 a cash equivalent, Relocation 4 Travel Your company's. policy confirming submit a completed Reasonable Measures Application Form with that expenses 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 DOCUMENTATION confirming that discounts, facilities (e.g. gym) and events (e.g. holiday party) are equally available 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 possible, 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 are 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 of spouses (stepchildren) and children of domestic partners have 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 Coiner Be hatt t Documentation of any other benefits fisted t plan. This may be in a letter from your insurance provider, or to indicate that ey are offered equally. reflected in the eligibility section of your official insurance pion 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 Retirement Plans (including 401k-& pension plans) online at: www. miarriffigachfi.gov under Business, The sections of your pension plan detailing how employees Procurement drop down list, 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 PROCUREMENT DIVISION policy indicating the benefit is offered equally- If your policy 1700 Convention Center Drive, Miami Beach, FL 33139 allows employees time off from work because of the death of a Tel: 305-673 -7496 / Fax: 786- 394 -4000/ spouse, it should also allow for time off because of the death of a cristinadelvatO - hFl aov domestic partner. if the policy allows for time off due to the death of t �_ �___ i_.:.._ t •. ,.♦is GlJd2w W r p...,.,,.,tn e _rr a .,r....tlfnr. grraliont, n��hiir wrvrca nnrJ snfety a poFeni irr:uw vi othe3 ie.uu•� o. u spouse, "Imu3 .....o �....... r ._,._... n off for the death of a domestic partner's equivalent relative. to all who live, work and play in our vibrant, tropical, historic community. ITB -45- 06107 . July 10, 2007 City of Miami Beach 59 of 59 I i