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HomeMy WebLinkAboutR-01-0328J-01-253 4/10/01 RESOLUTION NO. 01 — 3'r 8 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF NON -AUTOMOTIVE GLASS FROM READY WINDOW SALES AND SERVICE CORP. FOR THE DEPARTMENT OF PURCHASING, TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN AS -NEEDED BASIS, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6657 -1/03 -OTR -CW, EFFECTIVE THROUGH NOVEMBER 30, 2002, SUBJECT TO ANY EXTENSIONS; ALLOCATING FUNDS FROM EACH OF THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, SUBJECT TO BUDGETARY APPROVAL. WHEREAS, the Department of Purchasing requires the procurement of non -automotive glass to meet the building maintenance needs of various departments Citywide on an as -needed basis; and WHEREAS, the City Manager and the Director of the Department of Purchasing recommend the procurement of non -automotive glass from Ready Window Sales and Service Corp., under existing Miami -Dade County Contract No. 6657 -1/03 -OTR -CW, be approved; and cm COMMON summa OF APR 2 6 2001 �goludon NO. 01- 328 WHEREAS, funds are available from each of the budgets of the various user departments, subject to budgetary approval for said procurement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The procurement of non -automotive glass from Ready Window Sales and Service Corp. for the Department of Purchasing, to be used by various City departments, on an as -needed basis, under existing Miami -Dade County Contract No. 6657 -1/03 -OTR -CW, effective through November 30, 2002, subject to any extensions, is approved, with funds allocated from each of the budgets of the various user departments, subject to budgetary approval for said procurement. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!/ ii If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 i7 — 3A7;"8 PASSED AND ADOPTED this 26th day of _April 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since.the Mayor did not irncdlcate approval of " gislabon by signing it in the designated place provided, said legislation. ,,�oomes effective with the elapse of ten (10) days from the date of Commisslon regarding same, without the Mayor exercising ATTEST: Waiter J. Foeman, CkV Of ,49 WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS:/ JANDRO VILARELLO Y ATTORNEY 5173:LB:BSS t /z -i "-4� Page 3 of 3 51— 328 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Walter J. Foeman Ci C r FROM:ejandro Vila llo rl ity Attorney DATE: + August 15, 2001 RE: Corrected Scrivener's Error -Resolution No. 01-328, adopted April 26, 2001 (J-01-253) Resolution No. 01-328, adopted April 26, 2001, contains a scrivener's error as to the Miami -Dade County Contract Number, which is erroneously typed as 0772-0/00 in the title, Preamble and Section 2. The correct Miami -Dade County Contract Number is 6657 -1/03 -OTR -CW. The attachment, which is a substitute original resolution to replace the document you presently possess as Resolution No. 01-328, has been revised to reflect the proper Miami -Dade County Contract Number. After the correct document has been executed, please forward a copy to this Office and to Judy S. Carter, Director/Chief Procurement Officer, Department of Purchasing. This memorandum may be attached to Resolution No. 01-328 so that any concern regarding the substitution of said Resolution is clarified. W607:LB Attachment c: Judy S. Carter, Director/Chief Procurement Officer Department of Purchasing J-01-253 4/10/01 01- 328 RESOLUTION NO. AESOLUTION OF THE MIAMI CITY COMMISSION APP VING THE PROCUREMENT OF NON -AUTOMOTIVE GLAS\NOMBER READY WINDOW SALES AND SERVICE CORPDEPARTMENT OF PURCHASING, TO BE USEDIOUS CITY DEPARTMENTS, ON AN AS-NSIS, UNDER EXISTING MIAMI-DADE COUNRACT NO. 0772-0/00, EFFECTIVE THROMBER 30, 2002, SUBJECT TO ANY EXTELOCATING FUNDS FROM EACH OF THE OPERB DGETS OF VARIOUS USER DEPASU ECT TO BUDGETARY APPROVAL. WHEREAS, the Department \g1as rchasing requires the procurement of non -automotive to meet the building maintenance needs of various depaCitywide on an as basis; and WHEREAS, the City Manager and the Director o`g the Department of Purchasing recommend the procurement of non-autNotive glass from Ready Window Sales and Service Corp., underN existing Miami -Dade County Contract No. 0772-0/00, be approved; and [Note: The original Resolution 01-328 was repalced by a substitute Resolution 01-328 per memorandum from the City Attorney dated August 15, 2001]. CITY COMMSSIOX BtMING Or APR 2 6 2001 0 8 HEREAS, funds are available from each of the budgets of the various user departments, subject to budgetary approval for said procuremerN; NOW, THER ORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA• Section 1. Th recitals and findings contained in the Preamble to this Reso ution are adopted by reference and incorporated as if fully se forth in this Section. Section 2. The procurem t of non -automotive glass from Ready Window Sales and Service orp. for the Department of Purchasing, to be used by various City departments, on an as -needed basis, under existing Mia '-Dade County Contract No. 0772-0/00, effective through November 30, 2002, subject to any extensions, is approved, with funds all Gated from each of the budgets of the various user departments, sub'ect to budgetary approval for said procurement. Section 3. This Resolution shall become Nffective immediately upon its adoption and signature of the Mayor. 1/ [Note: The original Resolution 01-328 was replaced by substitute Resolution 01-328 per memorandum from the City Attorney dated August 15, 2001.] if If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 0 i 328 ED AND ADOPTED this 26th day of April , 2001. JOE CAROLLO, MAYOR In accordance with Miami Co2-3fi, since the Mayor did not Indicate appro+ar�l of this legislation by signing it in th esignated place provided, said legisk, " d becomes effective with the f'I(ISA o�1' d) days $ regarding same, without the Mayoets ATTEST: . �L� WALTER J. FOEMAN CITY CLERK _ ORRECTNESS:1; ATTORNEY 5173:LB:BSS Walter [Note: The original Resolution 01-328 was replaced by a substitute Resolution 01-328 per memorandum from the City Attorney. dated August 15, 2001]. Page 3 of 3 01- 328 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA -13 TO: Honorable Mayor and DATE: APP 17 2001 FILE: Members of the City Commission SUBJECT: Resolution Authorizing Purchase of Glass, Non -Automotive FROM: Carlos A. GlmeneZ REFERENCES: Miami -Dade Co. 0772-0/00 City Manager ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution authorizing a citywide contract for glass, non -automotive from Ready Window Sales & Service Corp., Hispanic/Local vendor, located at 591 SW 71 Avenue, Miami, Florida 33144, under existing Miami -Dade County Contract No. 0772-0/00, effective until November 30, 2002, subject to any extensions thereto by Miami -Dade County. Allocating funds therefore from various user departments and agencies requiring budgetary approval of funds from individual departmental and agency accounts prior to usage. BACKGROUND Various municipalities and agencies have realized substantial savings utilizing the Miami -Dade County contract for glass, non -automotive. The Purchasing Department has a need to secure a citywide contract for this commodity for use by various city departments and agencies on an as needed, when needed contract basis under existing Miami -Dade County Contract No. 0772-0/00. It is therefore recommended that award be made to Ready Window Sales & Service Corp., under the existing Miami -Dade County Contract. CAG/R+C/adm ResoMemo 01- 328 CONTRACT AWARD SHEET DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION BID NO.: 6657 -1/03 -OTR -CW Previous Bid No.: 0772-0/00 TITLE: Glass, Non -Automotive COMMODITY CODE NO.: 440-56 OTR YEARS: l LIVING WAGE APPLIES: ❑ YES ® NO CONTRACT PERIOD: 12/1/00 througb 11/30/02 BPO# ABCW0100170 AWARD BASED ON MEASURES: ❑ YES 1ZNO ® SR.PROCUREMENr AGENT. Ed M.w. O PROCUREMENT AGENT: Betty Thompr ❑ PROCURFMEN TECHNICIAN: Bevaty Thomas -Myers PHONE: 305-37S-3900 ❑ Set Aside ❑ Bid Preference ❑ Goal ❑ BBE ❑ HBE ❑ WBE Owned Firms ❑ Local Preference ❑ CSBE Level ❑ Prevailing Wages (Reso. 90-143) ❑ Living Wage PART #l: VENDOR AWARDED F.E.I.N.: VENDOR: STREET: CITY/STATE/ZIP: F.O.B. TERMS: PAYMENT TERMS: DELIVERY: TOLL FREE PHONE # PHONE: FAX: E-MAIL: CONTACT PERSON: 650013956-01 Ready Window Sales & Service Corp. 591 S.W. 71 Avenue Miami, F133144 Deg. I% 10 Days, Net 30 Days As Required N/A (305)269-3999- (3o5)269-5114 n/a Juan C. Suarez PART #2: ITEMS AWARDED SEE ATTACHED DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 1 N " ea C= c� n-2 C-13 r 01- 328 AWARD SHM.&C Rniw own= ITEM -DESCRIPTION UNIT PRICE 1. 1/16" Single Strength Clear 2. 1/8" Double Strength (DSB) Clear 3. 1/8" Double Strength (DSB) Gray or Bronze 4. 1/8" Double Strength (DSB) Obscure 5. 3/16" Clear 6. 7/32" Obscure 7. 1/4" Clear 8. 1/4" Gray or Bronze 9. 3/8" Clear 10. 3/8" Gray or Bronze 11. 1/2" Clear 12. 1/2" Gray or Bronze 13. 1/8" Clear Tempered 14. 1/8" Gray or Bronze -Tempered 15. 1/4" Clear Tempered 16. 1/4" Gray or Bronze -Tempered 17. 3/8" Gray or Bronze -Tempered 18. 3/8" Gray or Bronze Tempered 19. 1/2" Clear Tempered 20. 1/2"' -Gray or -Bronze -Tempered 21. 1/4" Nuweld Polished Wire Glass Clear (Diamond Shape Wire) 22. 1/2" Laminated Glass -Clear with .060 Interlayer $ . 9 0 Sq/Ft. $ 1.601 Sq/FL $ 1.50 Sq/FL $ 2.15 $q/Ft. $ 2-.45 Sq/FL $ 3.00 Sq/FL $ 2.30 Sq/FL $ 2.-30 Sq/Ft. $ 3.50 Sq/FL $ 6.00 Sq/Ft. $ 4.7 0 Sq/Ft. $ 9.00 Sq/Ft. $ 3.10 Sq/Ft. $ 3.30 Sq/FL $ 3.50 Sq/FL $ 3.50 Sq/FL $ 7.25 Sq/FL $ 7.25 Sq/FL $ 6.35 $q/FL $ 10.7 6 Sq/FL $ 8.5 0 Sq/FL $ 13.00 Sq/FL 01- 328 d. 18.50 Qn/Ff. PART #3: AWARD INFORMATION 0 BCC ® PMD AWARD DATE: 11/21/00 AGENDA ITEM #: N/A BIDS 8 CONTRACTS RELEASE DATE: 11/21/00 OTR YEAR: N/A ADDITIONAL ITEMS ALLOWED: SEE SECTION 2.0, PARA. 2.26 SPECIAL CONDITIONS: SEE ATTACHED TOTAL CONTRACT VALUE: S 108.900.00 USER DEPART %IENT(S) DOLLAR ALLOCATED USER DEPARTMENT(S) DOLLAR ALLOCATED CORRECTIONS • S 36,000.00 FIRE • $ 2,000.00 GSA- S 10,000.00 HUMAN SERVICES • $ 1,000.00 JUDICAL ADMINt- $ 6.000.00 MDHA • S 25,000.00 MDWASAD, $ 9,000.00 --PARKS _ ----- .. $ 10,000.00 01- 328 cQR�ooP BID NO.: 6657 -1/03 -OTR -CW OPENING: 2:00 P.M. WEDNESDAY September 27, 2000 MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID TITLE GLASS, VARIOUS, NON -AUTOMOTIVE FOR CORRECTIONS FOR TWO (2) YEARS WITH A ONE (1) YEAR OPTION THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: AFFIDAVITS BID DEPOSIT AND PERFORMANCE BOND CATALOGUE AND LISTS CERTIFICATE OF COMPETENCY EQUIPMENT LIST INDEMNIFICATIONANSURANCE LIVING WAGE PRE-BID CONFERENCE/WALK-THRU RACE -CONSCIOUSNESS MEASURE SAMPLES/INFORMATION SHEETS SECTION 3 - MDHA SITE VISIT/AFFIDAVIT SURCHARGE FEE WRITTEN WARRANTY SEE APPENDIX - SECTION I N/A N/A N/A N/A N/A N/A N/A MA N/A N/A N/A SEE SECTION 2.0, PARA. 2.21 SEE SECTION 2.0, PARA. 2.19 FOR INFORMATION CONTACT Edward Mason, CPPB, at 305 375-3900 IMPORTANT NOTICE TO BIDDERS N/A MIAMI-DADE COUNTY DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION FAILURE TO SIGN PAGE 18 OF SECTION 4.0, BID PROPOSAL WILL RENDER YOUR BID NON-RESPONSIVE 0j- 328 MIAMIA)ALh L;L ! 1 Y 1310N1 i6J/-1/U3-U'1K-LW INSTRUCTIONS FOR MAILING A BID IN RESPONSE TO A FORMAL BID SOLICITATION Each bid proposal submitted to the CLERK OF THE BOARD will have the following information clearly marked on the face of the envelope: > Bidder's Name and Return Address > Bid Number > Opening Date of Bid > Title of the Bid Failure to include this information may result in your bid not being considered. The bidder will submit each bid proposal, consisting of one original and three copies and any attachments in one envelope. Bid responses submitted at the same time for different bid solicitations shall be placed in separate envelopes and each envelope shall contain the information previously stated. Failure to comply with this requirement may result in the bid from being considered. "BIDS/PROPOSALS MUST BE SUBMITTED IN A SEALED ENVELOPE OR CONTAINER AND WILL BE OPENED PROMPTLY AT THE SUBMITTAL DEADLINE. BIDS/PROPOSALS RECEIVED AFTER THE FIRST BID/PROPOSAL ENVELOPE OR CONTAINER HAS BEEN OPENED WILL NOT BE OPENED OR CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING BIDS/PROPOSALS TO THE CLERK OF THE BOARD ON OR BEFORE THE STATED TIME AND DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. MIAMI-DADE COUNTY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY OTHER OCCURRENCE." THIS BID/PROPOSAL SHALL BE SUBMITTED TO THE FOLLOWING ADDRESS: CLERK OF THE BOARD Stephen P. Clark Center 111 NW lst Street,17th Floor, Suite 202 Miami, Florida 33128-1983 The County provides equal access and does not discriminate on the basis of disability in its programs or services. It is our policy to make any communication available to the public. It is also available to the people who are blhWvisually impaired and deaf/hard of hearing. If you require information in an alternate format please call 305-375-5278. 01- 328 UVt=0"4= MIAMI -DARE COUNTY BID NO.: 6657 -1/03 -OTR -CW request shall be received no later than fourteen (14) working days prior to the bid opening date. Any request received after that time may not be reviewed for inclusion in this bid solicitation. The request shall contain the requester's name, address, and telephone number. If transmitted by facsimile, the request shall also include a cover sheet, with the sender's facsimile number. This bid solicitation is subject to the "Cone of Silence" in accordance with County Ordinance No. 98-106. "CONE OF SILENCE" PURSUANT TO ORDINANCE 98-106, AS AMENDED, A "CONE OF SILENCE" IS IMPOSED UPON RFPs, RFQs OR BIDS AFTER ADVERTISEMENT AND TERMINATES AT THE TIME THE COUNTY MANAGER ISSUES A WRITTEN RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS. THE CONE OF SILENCE PROHIBITS COMMUNICATION REGARDING RFPs, RFQs OR BIDS BETWEEN POTENTIAL VENDORS, SERVICE PROVIDERS, BIDDERS, LOBBYISTS OR CONSULTANTS AND THE COUNTY'S PROFESSIONAL STAFF INCLUDING, BUT NOT LIMITED TO, THE COUNTY MANAGER AND THE COUNTY MANAGER'S STAFF. A CONE OF SILENCE IS ALSO IMPOSED BETWEEN THE MAYOR, COUNTY COMMISSIONERS OR THEIR RESPECTIVE STAFFS AND ANY MEMBER OF THE COUNTY'S PROFESSIONAL STAFF INCLUDING, BUT NOT LIMITED TO, THE COUNTY MANAGER AND THE COUNTY MANAGER'S STAFF. THE PROVISIONS OF ORDINANCE 98-106 DO NOT APPLY TO ORAL COMMUNICATIONS AT PRE-BID CONFERENCES, ORAL PRESENTATIONS BEFORE SELECTION COMMITTEES, CONTRACT NEGOTIATIONS DURING ANY DULY NOTICED PUBLIC MEETING OR COMMUNICATIONS IN WRITING AT ANY TIME UNLESS SPECIFICALLY PROHIBITED BY THE APPLICABLE RFP, RFQ OR BID DOCUMENT. BIDDERS OR PROPOSERS MUST FILE A COPY OF ANY WRITTEN COMMUNICATION WITH THE CLERK OF THE BOARD, WHICH SHALL BE MADE AVAILABLE TO ANY PERSON UPON REQUEST. THE COUNTY SHALL RESPOND IN WRITING AND FILE A COPY WITH THE CLERK OF THE BOARD, WHICH SHALL BE MADE AVAILABLE TO ANY PERSON UPON REQUEST. IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, VIOLATION OF ORDINANCE 98-106 BY ANY BIDDER OR PROPOSER SHALL RENDER ANY RFP AWARD, RFQ AWARD OR BID AWARD VOIDABLE ANY PERSON HAVING PERSONAL KNOWLEDGE OF A VIOLATION OF THIS ORDINANCE SHALL REPORT SUCH VIOLATION TO THE STATE ATTORNEY AND/OR MAY FILE A COMPLAINT WITH THE ETHICS COMMISSION. BIDDERS OR PROPOSERS SHOULD REFERENCE THE ACTUAL ORDINANCE FOR FURTHER CLARIFICATION. (2) The Department of Procurement Management, Bids and Contracts Division will issue a response to any inquiry, as it deems necessary, by written addenda, issued prior to the bid opening date. The bidder shall not rely on any representation, statement or explanation other than those made in this bid solicitation document or in any addenda issued. Where there appears to be a conflict between this bid solicitation, and any addenda issued, the last addendum issued will prevail. 01- 328 III REVSM 0344= MIAMI-DADE COUNTY BID NO.: 6657 -1/03 -OTR -CW SECTION 1 GENERAL TERMS AND CONDITIONS 1.1 DEFINITIONS The term "bid" shall refer to any offer(s) submitted in response to this bid solicitation. The term "County" shall refer to Miami -Dade County. The term "bidder" shall refer to anyone submitting a bid in response to this bid solicitation. The term "contractor" or "successful bidder" shall refer to the bidder receiving an award as a result of this bid solicitation. The term "bid solicitation" shall mean this bid solicitation, the bidder's response to this bid solicitation, as approved by the County in accordance with Administrative Order 3-2 and any purchase order or change order issued by DPM. The term "DPM" shall refer to Miami -Dade County's Department of Procurement Management. 1.2 CONTENTS OF BID A. General Conditions (1) It is the sole responsibility of the bidder to become thoroughly familiar with the bid requirements and all terms and conditions affecting the performance of this bid solicitation. Pleas of ignorance by the bidder of conditions that exist, or that may exist will not be accepted as a basis for varying the requirements of the County, or the compensation to be paid to the successful bidder. (2) The bidder is advised that this bid solicitation is subject to all legal requirements contained in the County's Administrative Order 3-2 and all other applicable County Ordinances and/or State and Federal Statutes. Where conflicts exist between this bid solicitation and these legal requirements, the higher authority shall prevail in the following order: Federal, State and local. B. Additional Information/Addenda (1) Request for additional information, explanation, clarification or interpretation must be made in writing to the Department of Procurement Management, Bids and Contracts Division contact person identified on the cover page of this bid solicitation and file a copy with the Clerk of the Board, 111 NW lst Street, 17`h Floor, Suite 202, Miami, Florida. The 01- 328 II REWSEn O3a4 o P MIAMI-DADE COk-,NTY BID NG.: 6657 -1/03 -OTR -CW .J (4) The County may consider additional bid proposal(s) from the same bidder for the same bid solicitation, provided that; (a) the additional bid(s) offer a different product and/or level of service that meets or exceeds this bid solicitation requirements; (b) the bidder completes a separate bid proposal Form for each bid and shall mark "Alternate bid(s)" on the first page. Failure to comply with the foregoing may result in the rejection of the additional bid(s). (5) The bidder is allowed to offer multiple product brand names for each item listed on the bid proposal; provided that (a) such offer is allowable in accordance with Section 2.9 of this bid solicitation and (b) the same price is offered for all brand names bid. If the County determines that all brand names are acceptable based on the quality standards, the County may, at its option, order either of the brands names made available through this bid solicitation. Conversely, the Vendor will deliver the brand name that has been ordered by the County. (6) Unless otherwise specified in the Special Terms and Conditions, the proposed delivery and/or completion time, if required, shall be stated in calendar days. (7) The .bidder shall not charge tax, as the County is exempt from all State, Excise, Federal and Local sales tax. Not withstanding, any tax on materials and/or supplies which are purchased by the bidder, in conjunction with this bid solicitation shall be subject to the Florida State Sales Tax, in accordance with Section 212.08 of Florida Statutes, amended 1970, and all amendments thereto, shall be borne solely by the bidder. When the bidder does not manufacture the materials and/or supplies, taxes must be incorporated in the bid price, not as a separate item. When materials and/or supplies are manufactured by the bidder and are not for resale, the County is exempt. The County may be subject to applicable taxes on goods purchased for the purpose of resale. Upon request, the County will provide a tax exemption certificate, if applicable. Any special tax requirements will be specified either in the Special Conditions or in the Technical Specifications. (8) Any telegraphic or facsimile bid will not be considered. (9) The bidder shall incorporate in their bid price all costs related to this bid solicitation. (10) The apparent silence of the specifications and any addenda regarding any details or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of the specifications shall be made upon the basis of this bid solicitation. 01_ 328 UVB MIAMI -DARE COUNTY BID NO.: 6657 -1/03 -OTR -CW (3) It is the bidder's responsibility to ensure receipt of all addenda and substitute bid proposal forms. If applicable, the bidder is required to submit the substitute bid proposal forms and acknowledge the number of addenda received as part of this bid solicitation, by completing and signing the attached Addenda Acknowledgment Form. C. Conflicts in this Bid Solicitation Where there appears to be a conflict between the General Terms and Conditions, the Special Conditions, the Technical Specifications, the bid proposal Section, or any addendum issued, the order of precedence shall be: the last addendum issued, the bid proposal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. D. Prices Contained in this Bid Solicitation (1) Prompt Payment Terms a. The bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price for bid evaluation purposes. b. The bidder is required to provide prompt payment terms in the space provided on the bid proposal signature page of this bid solicitation. If no prompt payment discount is being offered, the bidder shall enter zero (0) for the percentage discount to indicate no discount. If the bidder fails to enter a percentage, it is hereby understood and agreed that the payment terms will be 2% 20 days, effective after receipt of invoice or final acceptance, whichever is later. 1.3 PREPARATION AND SUBMISSION OF BID A. Prenaration/Submission (1) The bid proposal form shall be used when submitting a bid. Use of any other form shall result in the rejection of the bidder's Proposal. (2) The bid will either be typed or completed legibly in ink. The bidder's authorized agent will sign the bid proposal Form in ink, and the authorized agent will initial all corrections made by the bidder in ink. The use of pencil or erasable ink may result in the rejection of the bid. Failure to sign the Bid Proposal signature page will render your bid non- responsive. (3) Where there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. 01- 328 IV rtEvtsm0344 u NUAN11-UAUh Wk l Y 81UNL; (4) Drug -Free Affidavit Pursuant to County Ordinance No. 92-15, the bidder shall certify that it is providing a drug-free workplace and notices to each employee of the danger of drug abuse; the firm's policy of maintaining a drug-free environment; availability of drug counseling, rehabilitation and employee assistance programs; and penalties that may be imposed upon employees for drug abuse violations. The bidder shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms of the drug-free workplace policy, and notify the employer if any criminal conviction occurring no later than five (5) days after receiving notice of such conviction, and impose appropriate personnel action against the employee up to and including termination. (5) Family Leave Affidavit Pursuant to County Ordinance No.142-91, the bidder shall certify that it entitles an employee who has worked for the firm for at least one (1) year, ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination or employment or employer retaliation. (6) W-9 and 8109 forms The bidder must furnish a W-9 and 8109 (Federal Tax Deposit Coupon) forms as required by the Internal Revenue Service in order to enter into this contract with the County. (7) Social Security Number The bidder must furnish a copy of the Social Security card if a social security number is being used in lieu of the Federal Identification Number (F.E.I.N.). C. Americans with Disabilities Act (ADA) Affidavit It is the policy of the County to comply with all requirements of the Americans with Disabilities Act (A.D.A.). For A.D.A. complaints call 305-375-3566. The bidder recommended for award shall be required to complete an A.D.A. affidavit in accordance with County Resolution No. 385-95 prior to the award of this bid solicitation. Failure to complete the affidavit as required may result in the rescinding of the recommendation for award. (See Appendix - Section 1) 01- 328 VII REVISED034M MIAMI-DADE COUNTY BID NO.: 6657 -1/03 -OTR -CW B. Vendor Registration The County requires the bidder to complete a registration application including the required disclosure affidavits with the Department of Procurement Management. The bidder must be registered to be recommended for any contract award*. To register, or for assistance in registering, contact Vendor Assistance at 305-375-5287. 'Section 2-11.1(d) of the County Code provides that a person (County Employee) may net enter into any contract or transact any business through a firm, corporation, partnership or business entity m which he or any member of his immediate family has a controlling financial interest, direct or indirect, with the County or any person or agency acting for the County and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. For additional information please contact the Ethics Commission hot fine at 305-579-2593. The following are the documents with the vendor registration application: (1) Cuba Affidavit Pursuant to County Resolution No. 656-93, the bidder shall certify that neither the firm (individual, organization, corporation, etc.) submitting this bid proposal or receiving this contract award nor any of its owners, subsidiaries, or affiliated or related firms, are in violation of the Cuba Democracy Act of 1992. (2) Disclosure of Employment Affidavit Pursuant to County Ordinance No. 90-133, the bidder shall disclose the composition of the workforce, wages and benefits to be paid and existence of collective bargaining agreement. (3) Disclosure of Ownership Affidavit Pursuant to County Ordinance No. 88-121, the bidder shall disclose the full legal name and business address of any individual (other than subcontractors, materialmen, suppliers, laborers, or lenders) that have, or will have any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with the County. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. Post Office addresses are not acceptable. t; pi_ 328 VI REVISM o344oc MIAMI -DAVE C; N l Y 131D N bbd /-1/Uj-0 1 K -L; W H. Cuba Affidavit Pursuant to County Resolution Nos., R-202-96, 206-96, R-1321-99 and R- 184-00, as implemented by Administrative Order 3-12, which restricts purchases from a firm conducting business with Cuba, and restricts travel to Cuba by the successful bidder, respectively, the bidder shall be required to complete a Cuba affidavit prior to the opening of this bid solicitation. Failure to complete the affidavit prior to the opening of this bid solicitation shall render this bid proposal non-responsive. (See Appendix - Section 1) I. Debarment Disclosure Affidavit Pursuant to County Ordinance No. 93-129, the bidder will agree to comply with the provisions of this ordinance, which prevents the contractor, subcontractors, their officers, their principals, stockholders, and their affiliates who have been debarred by the County, from entering into this contract with the County during the period for which they have been : debarred. It is the bidders responsibility to ascertain that none of the subcontractors, their officers, principals, or affiliates, as defined in the ordinance, are debarred by the County pursuant to Ordinance No. 93-129 and Administrative Order 3-2 before submitting the bid proposal. The Disclosure Affidavit requires the bidder to affirm under oath, that the County debars neither the bidder, its subcontractors, or their officers, principals nor affiliates, at the time of the bid proposal. If the bidder fails to complete the Disclosure Affidavit it shall not be awarded this contract. If this contract is entered into in violation of this ordinance, it is void, and any person who willfully fails to disclose the required information or who knowingly discloses civil or criminal penalties, or both can punish false information, as provided for in the law. (See Appendix - Section 1) J. Independent Private Sector Insvector General (1) Pursuant to A.0. 3-20, the County has the right to retain the services of an independent private sector inspector general (IPSIG). Upon written notice from the County, the Vendor shall make available to the IPSIG retained by the County all requested records and documents for inspection and copying. The terms of this provision apply to the bidder, its offices, agents and employees. Nothing contained in this provision shall impair any independent right of the County to audit or investigate the operations, activities and performance of the Vendor in connection with this contract. The terms of this provision are neither intended, nor shall they be construed, to impose any liability on the County by the Vendor or third parties. (2) Pursuant to Ordinance 97-215 Miami -Dade County has established the Office of Inspector General, which is required to perform mandatory 0 01- 328 MVEM OYMW MIAMI-DADE COUNTY BID NO.: 6657 -1/03 -OTR -CW D. Antitrust Laws By acceptance of this contract, the successful bidder agrees to comply with all antitrust laws of the United States and the State of Florida, in order to protect the public from restraint of trade, which illegally increases prices. E. Collection of Fees Taxes and Parking Tickets Affidavit Pursuant to the procedures contained in Section 2-8.1 (c) of the County Code, and as amended by County Ordinance No. 95-198, the bidder shall certify that all delinquent and currently due fees, taxes and parking tickets have been paid. (See Appendix - Section 1) F. Conflict of Interest and Code of Ethics Pursuant to County Ordinance No. 98-73 amending Section 2-11.1(s) of the County Code, every lobbyist whom is found to be in violation of this section shall be prohibited from registering as a lobbyist or lobbying in accordance with the following schedule: First violation, for a period of 90 days from the date of determination of violation; Second violation, for a period of one (1) year frorri the date of determination of violation; Third violation, for a period of five (5) years from the date of determination of violation; The bidder shall be subject to the debarment provisions of Section 10-38 of the County Code as if the bidder were a contractor where the bidder has violated this section, either directly or indirectly or any combination thereof, on three or more occasions. As used herein, a "direct violation" shall mean a violation committed by the bidders and an "indirect violation" shall mean a violation committed by a lobbyist representing said bidder. If this contract is entered into a violation of this section, it shall also render the contract voidable. G. Criminal Conviction Disclosure Pursuant to County Ordinance No. 94-34, "Any individual who has been convicted of a felony during the past ten (10) years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten (10) years shall disclose this information prior to entering into a contract with or receiving funding from the County." 01- 323 VIII REVLSWO3n4= MIAMI -DADS COQ _ 4TY BID NO.. ,,657 -1/03 -OTR -CW dividends received, payroll and personal records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the (ContractorNendor/Consultant), its officers, agents, employees, subcontractors and suppliers. The (Contractor/Vendor/Consultant) shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the (ContractorNendor/Consultant) in connection with the performance of the contract. Nothing in this contract shall impair any independent right to the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the (ContractorNendor/Consultant) or third parties. K. Minority and Disadvantaged Business Enterprises The County endeavors to obtain the participation of all minority and disadvantaged business enterprises. For information and to apply for -- certification, contact the Department of Business Development, 175 NW 1st Avenue, 28'h Floor, Miami, FL 33123-1844, Phone: 305-349-5960. L. Public Entity Crimes Sworn Statement Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, "Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a bid solicitation to provide goods and/or services to a public entity, may not submit a bid on a bid solicitation with a public entity for construction or repair of a public building or public work, may not submit a bid on leases of real property to a public entity, may not be awarded or perform work as a contractor or, supplier, or subcontractor or consultant under a bid solicitation with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO ($10,000.00) for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." M. Living Wage In accordance with Ordinance 99-44 beginning November 11, 1999, all Service Contractors who enter into this contract shall agree to pay the Living Wage required by Ordinance 99-44 to all its employees providing Covered Services. The current Living Wage applied to this contract (if applicable) is $8.56 per hour plus Health Benefits as described in the aforementioned ordinance or $9.81 per hour without Health Benefits. The Living Wage required by Ordinance 99-44 is subject to indexing as set - forth -in Section "C" (Indexing). Such Health Benefits shall consist of XI P"tsw ONAM 01-- 328 MIAMI-DADE COUNTY BID NO.: 6657 -1/03 -OTR -CW random audits on all County contracts throughout the duration of each contract. The cost of the audit for this contract shall be 1/d of 1% of the total contract amount which cost the (ContractorNendor/Consultant) agrees is included in the total contract amount. The audit cost will be deducted by the County from progress payments to the (Contractor/Vendor/Consultant). The audit cost shall also be included in all change orders to this contract and all contract renewals and extensions. Accordingly, the audit cost will be deducted from progress payments to the (ContractorNendor/Consultant) pursuant to all change orders, contract renewals and extensions. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in conformance with plans, specifications and applicable law. The inspector general is empowered to analyze the necessity of and reasonableness of proposed change orders to the contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the (ContractorNendor/Consultant), its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon 14 days prior written notice to (Contractor/Vendor/Consultant) from the Inspector General or IPSIG retained by the Inspector General, the (ContractorNendor/Consultant) shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the (Contractor's/Vendor's/Consultant's) possession, custody or control which, in the Inspector General's or IPSIG's sole judgement, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or oi- 328 1 X REVISFD 03"W 1v11AMI-1JAUZ UU 1 I bL J 1V%- i07 /-1/U.)-V 1 N -L. W incorporated into marketing materials. Miami -Dade County/Greater Miami Chamber of Commerce believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. Miami -Dade County/Greater Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. By affixing a signature in the Bid Proposal signature page the bidder hereby agrees to comply with the principles of Miami -Dade County/Greater Miami Chamber of Commerce Code of Business Ethics. If the bidder firm's code varies in any way the bidder must identify the difference(s) on a separate document(s) (cover). Compliance with Government Rules and Regulations ♦ We, the undersigned will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; ♦ In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; ♦ We, the undersigned will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment selection and Compensation of Vendors and Suppliers ♦ We, the undersigned will avoid conflicts of interest and disclose such conflicts when identified; ♦ Gifts, which compromise the integrity of a business transaction, are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such kickback. Business Accountine ♦ All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. 01.- 328 r XIII Unsw onew MIAMI-DADE COUNTY BID NO.: 6657 -1/03 -OTR -CW payment of at least $1.25 per hour towards the provision of health care benefits for employees and their dependents. Proof of the provision of Health Insurance must be submitted to the County to qualify for the wage rate for employees with health benefits. The Service Contractor shall also agree to produce all documents and records relating to payroll and compliance with this Ordinance prior to award of this bid solicitation upon request by GSA Procurement Management Division. The provisions in this Ordinance applies to all Service Contracts involving the expenditure of over $100,000 per year for the following types of ("Covered Services") services: (i) Food preparation and/or distribution (ii) Security services (iii) Routine maintenance services such as custodial, cleaning, refuse removal, repair, refinishing and recycling (iv) Clerical or other non -supervisory office work, whether temporary or permanent (v) Transportation and parking services including airport and seaport services (vi) Printing and reproduction services (vii) Landscaping, lawn and/or agricultural services If records reflect, that the Service Contractor is in violation of this Ordinance, the County has the right to sanction the Service'Contractor to include but not limited to termination, fine and suspension. This Ordinance encompasses various responsibilities that must be accomplished by the successful bidder such as record keeping, posting and reporting. Upon the award of this contract, the successful bidder must be prepared to comply with these requirements as outlined in Ordinance 99-44. N. Code of Business Ethics In accordance with Resolution R-994-99 each person or entity that seeks to do - business with Miami -Dade County shall adopt the Miami -Dade County/Greater Miami Chamber of Commerce Code of Business Ethics as follows: Miami -Dade County and the Greater Miami Chamber of Commerce seek to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. Miami -Dade County/Greater Miami Chamber of Commerce encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics that will guide their relationships with customers, clients and suppliers. This Model Code can and should prominently be displayed at all business locations and may be 01- XII M„uW03a4W 328 MIAMI-DADE CO. . rY BID NG ,657 -1/03 -OTR -CW ♦ We, the undersigned will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. ♦ We, the undersigned will not knowingly disseminate false campaign information or support those who do. Pass-through Requirements ♦ This Code prohibits pass-through whereby the prime firm requires that the MBE firm accept payments as a MBE and pass through those payments to another entity; Rental Space, Equipment and Staff Requirements or Flat Overhead Fee Requirements ♦ This Code prohibits rental space requirements, equipment requirements, staff requirements and/or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent , space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc; MBE Staff Utilization ♦ This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is necessary and then utilizing the MBE staff for other work to be performed by the prime firm. ♦ The Code also requires that on any contract where MBE participation is purported, the contract shall specify essential terms including, but not limited to, a specific statement regarding the percent of participation planned for MBEs, the timing of payments and when the work is to be performed. O. Individuals and Entities Doing Business with the County not Current in their Obligations to the County (See Appendix — Section 1) Pursuant to Ordinance No. 99-162 and Section 2-8.1 of the County Code, no individual or entity who is in arrears in any payment under a contract, promissory note or other loan document with the County, or any of its agencies or instrumentalities, including the Public Health Trust (herein referred to as "County"), either directly or indirectly through a firm, corporation, partnership or joint venture in which the individual or entity has a controlling financial interest as that term is defined in Section 2- 11.1(b)(8) of the County Code, shall be allowed to receive any additional County contracts, purchase orders or extensions of County contracts until either the arrearage has been paid in full or the County has agreed in 01. XV REVISED0302M MIAMI -DARE COUNTY BID NO.: 6657 -1/03 -OTR -CW Promotion and Sales of Products and Services ♦ Our products will comply with all applicable safety and quality standards; ♦ We, the undersigned will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; ♦ We, the undersigned will conduct business with government agencies and employees in a manner, which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; ♦ Our bids will be competitive, appropriate to the bid documents and arrived at independently; ♦ Any changes to contracts awarded will have a substantive basis and not be pursued merely because we are the successful bidder; ♦ We, the undersigned will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. ♦ We, the undersigned will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. ♦ We, the undersigned will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public Life and Political Campaigns ♦ We, the undersigned encourage all employees to participate in community life, public service and the political process; ♦ We, the undersigned encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues; ♦ Our contributions to political parties, committees or individuals will only be made in accordance with applicable laws and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; 01. 328 XrV REV I= oMM" MIAMI-DADE COUNTY BID: 5557 -1/03 -OTR -CW B. Bidder's Past Performance Pursuant to County Ordinance No. 98-42, the bidder's performance as a prime contractor or subcontractor on previous County contracts shall be taken into account in evaluating the bid proposal received for this bid solicitation. C. Elimination from Consideration This bid solicitation shall not be awarded to any person or firm which is in arrears to the County upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the County. D. Waiver of Informalities The County reserves the right to waive any informalities or irregularities in this bid solicitation. E. Demonstration of Competency (1) A bid will only be considered from a firm that is regularly engaged in the business of providing the goods and/or services required by this bid solicitation. The bidder must be able to demonstrate a good record of performance and have sufficient financial resources, equipment and organization to ensure that they can satisfactorily provide the goods and/or services if awarded this bid solicitation. (2) The County may conduct a pre -award inspection of the bidder's site or hold a pre -award qualification hearing to determine if the bidder possesses the requirement as outlined in the above paragraph, and is capable of performing the requirement of this bid solicitation. The County may consider any evidence available regarding the financial, technical and other qualifications and abilities of the bidder, including past performance (experience) with the County or any other governmental entity in making the award. (3) The County may require the bidder to show evidence that they have been designated as an authorized representative of a manufacturer, supplier and/or distributor, if required by this bid solicitation. (4) The County reserves the right to audit all records pertaining to and resulting from any award from this bid solicitation, financial or otherwise. (5) In the event that the bidder will sub -contract all or part of its work to another vendor, or will obtain the goods required in conjunction with this contract with another source of supply, the bidder may be required to verify the competency of its subcontractor or supplier. The County 01- 328 XVII REVMW Wn4W MIAMI-DADE COUNTY BID NO.: 6657 -1/03 -(QTR -CW writing to a payment schedule. Failure to meet the terms and conditions of any obligation or repayment schedule shall constitute a default of the subject contract and may be cause for suspension, termination and debarment, in accordance with the terms of the contract and the debarment procedures of the County 1.4 MODIFICATION OR WITHDRAWAL OF A BID A. Modification of a Bid Any modification by the bidder to a bid shall be submitted to the CLERK OF THE BOARD prior to the time and date set for bid opening. The bidder shall submit the new bid proposal form and a letter, on company letterhead, signed by an authorized agent of the bidder stating that the new submittal supersedes the previously submitted bid proposal. The sealed envelope shall contain the same information as required for submitting the original bid. In addition, the envelope shall contain a statement that this bid replaces the previously submitted bid. No modifications of a bid shall be accepted after the bid has been opened. B. Withdrawal of a Bid A bid shall be irrevocable unless the bid is withdrawn as provided herein. Only written letter received by the CLERK OF THE BOARD prior to the bid opening date may withdraw a bid. A bid may also be withdrawn ninety (90) days after the bid was opened and prior to award, by submitting a letter to the contact person identified on the front cover of this bid solicitation. The withdrawal letter must be on company letterhead and signed by an authorized agent of the bidder. 1.5 EVALUATION OF A BID A. Reiection of Bid (1) The County may reject any bidder's Proposal and award to the next lowest responsive/responsible bidder or may reject and re -advertise for all or any part of this bid solicitation, whenever it is deemed in the best interest of the County. The County shall be the sole judge of what is in its "best interest." (2) The County may reject any bid if: (a) prices are not fair and reasonable, as determined by the County, and/or exceed the County's estimated budget for this bid solicitation; (b) the bidder take exceptions to or modifies the terms and conditions of this bid solicitation; (c) the bidder failed to satisfy claims on previous contracts with the County or past -due payments for County services or claims for damage to County property. The County shall be the sole judge of what is "fair and reasonable." 01- 328 XVI REWSMo3n4= MIAMI-DADE CG _ 4TY BID NC... 0657 -1/03 -OTR -CW County and the successful bidder are in mutual agreement of such extensions. F. Warranty Any implied warranty granted under the Uniform Commercial Code shall apply to all goods purchased under this bid solicitation. G. Estimated Ouantities Estimated quantities or estimated dollars, if provided, are for bidder's guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The County is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the County's actual needs and/or usage during a previous contract period. The County for purposes of determining the low bidder meeting specifications may use said estimates. H. Non -Exclusive Contract Although the purpose of this bid solicitation is to secure a contract that can satisfy the total needs of the County or of a specific County agency, it is hereby agreed and understood that this bid solicitation does not constitute the exclusive rights of the successful bidder to receive all orders that may be generated by the County in conjunction with this bid solicitation. In addition, any and all commodities, equipment, and service required by the County in conjunction with construction projects are solicited under a distinctly different bid process and shall not be purchased under the terms, conditions and awards rendered under this bid solicitation, unless such purchases are determined to be in the best interest of the County. I. Local Preference The award of this bid solicitation is subject to County Ordinances Nos. 96- 26, 94-166 and 94-196, and Resolution No. R-50-96; which, except where Federal or State law mandates to the contrary, allow preference to be given to a local business in the amount of one and one-half percent (1.5%) for Miami -Dade County. For the purposes of the applicability of this Ordinance, "local business" means the bidder has its headquarters located in Miami -Dade County or has a place of business located in Miami -Dade County at which it will produce, distribute and/or perform a substantial portion of the goods and/or services to be purchased. 01- 328 MIAMI-DADE COUNTY BID NO.: 6657 -1/03 -OTR -CW reserves the right, before awarding this contract to require the bidder to submit such evidence of its subcontractor, as it may deem necessary. F. Copy of Bid Tabulation The bidder who desires to receive a copy of the bid tabulation shall enclose a self-addressed/stamped envelope (correct size of envelope and postage is a must depending on the amount of information involved) when submitting its bid proposal. Bid results will not be given out by telephone or facsimile. 1.6 AWARD OF BID SOLICITATION A. Contract This bid solicitation, any addenda and/or properly executed modifications, the purchase order (if issued), and a change order (if applicable),` constitute the entire contract. B. Tie Bid The Director of Bids and Contracts or designee, and according to County Resolution 1574-88 will decide any tie bid. C. Additional Information The award of this bid solicitation may be preconditioned on the subsequent submission of other documents, as specified in the Special Conditions or Technical Specifications. The successful bidder shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the County. Where the successful bidder is in default of the contractual requirements, the County, through action taken by GSA Procurement Management Division, may rescind the award. D. Term of Contract The term of this bid solicitation shall be specified on one of three documents, issued to the successful bidder. These documents may either be this bid solicitation, a purchase order or an award sheet. E. Contract Extension The County reserves the right to automatically extend this contract for up to ninety (90) calendar days beyond the stated contract term. The County shall notify the successful bidder in writing of such extensions. Additional extensions over the first ninety (90) day extension may occur, if, the 01-- 328 XVIII REVISED 0=4001) LVAAJ1 VLL_LlM1Jr_ L\ 4 1 1 VLJ_* lv` JQJ 1 -1/V.3 -U 1 n -t.. W department, the bidder's Bond may be forfeited and the County may seek all costs, attorneys and administrative fees. 1.8 CONTRACTUAL OBLIGATIONS A. Rules. Regulations, Licensing Requirements The successful bidder shall comply with all laws and regulations applicable to the goods and/or services contained in this bid solicitation. The bidder is presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may in any way affect the goods and/or services offered. B. County Contractors E=Ioyment and Procurement Practices Affidavit In accordance with the requirements of Ordinance 98-30, all firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development. Said firms must also submit, as a part of their proposals/bids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan/Procurement Policy Affidavit. Finns whose Boards of Directors are representative of the population make-up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposalstbids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98-30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women - owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid proposal. Any bidder/respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. (See Appendix - Section 1) C. Conditions of Material and Packaging (1) Unless otherwise specified in the Special Conditions or Technical Specifications, all containers shall be suitable for shipment and/or stora$ei 328 (� XM UVOW a4m MIAMI-DADE COUNTY BID NO.: 6657 -1103 -OTR -CW J. Limited Contract Extension Any specific work assignment which commences prior to the termination date of the contract and which will extend beyond the termination date including any previous contract extension(s) shall, unless terminated by mutual written agreement by both parties, continue until completion at the same prices, terms and conditions as set forth in this bid solicitation. 1.7 RIGHT OF APPEAL Any bidder may protest any recommendation for contract award or rejection of all bids, in accordance with the procedures contained in Sections 2-8.3 and 2-8.4 of the County Code, as amended by, County Ordinances Nos. 95-201 and 95-126, and as established in Administrative Order 3-21. A. Bid Award Recommendation Over $500.000.00 This bid award recommendation will be in writing, signed by the Director of the Department of Procurement Management or designee and filed with the Clerk of the Board. The bidder shall have ten (10) business days after the filing of an award recommendation to file a written protest with the Clerk of the Board. As a condition of initiating a protest of award recommendation, the bidder shall post at the time of filing a Surety Bond (cashier's check or money order) in the amount of $500.00 payable to the Board of County Commissioners. Failure to file the proper Bond at the time of Fling the protest will result in denial of the protest. If, the Hearing Examiner's ruling is in favor of the County's recommendation, the bidder's Bond may be forfeited and the County may seek all costs, attorneys and administrative fees. B. Bid Award Recommendation Over $100.000.00 and up to $500,000.00 This bid award recommendation will be posted in the lobby of the Stephen P. Clark Building. It shall be the responsibility of the bidder to monitor such Bulletin Board after the bid opening to ascertain that a recommendation for award has been made. Bid award recommendations are posted by 9:00 A.M., every Monday. In addition, the bidder can call the bid Award Recommendation Line at 305-375-4724 or (800) 510- 4724, or contact the person identified on the cover page of this bid solicitation. The bidder shall have five (5) business days after the posting of an award recommendation to file a written protest with the Department of Procurement Manasement Bids and Contracts Division. The bidder shall post at the time of filing, a Surety Bond (cashier's check or money order) in the amount of $500.00 payable to the Board of County Commissioners. Failure to submit the proper Bond at the time of filing the protest will result in denial of the protest. If, the County Manager, or designee, upholds the recommendation of the contracting U1_ 328 XX REVMWWa.= MIAMI-DADE CC 1TY BID Nk- 6657 -1/03 -OTR -CW will perform, and all suppliers who will supply materials for the contract work direct to the bidder or respondent and describes the materials to be supplied. Failure to include such listing with the bid or proposal shall render the bid or proposal non-responsive. Ordinance No. 97-104, applies to all contracts whether competitively by the County or not. Those contracts that have received authorization by the Board of County Commissioners to waive formal bidding procedure must also provide a listing of all first tier subcontractors and direct suppliers. `Subcontractor/Supplier Listing, SUB Form 100' may be utilized to provide the information required by this paragraph. A bidder or respondent who is awarded the contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to be supplied from those identified in the listing submitted with the bid or proposal except upon written approval of the County. (See Appendix - Section 1) NOTE: ORDINANCE NO. 97-104 REQUIRES A BID OR PROPOSAL FOR A COUNTY OR PUBLIC HEALTH TRUST CONTRACT INVOLVING THE EXPENDITURE OF $100,000 OR MORE . INCLUDE A LISTING OF SUBCONTRACTORS AND SUPPLIERS WHO WILL BE USED ON THE CONTRACT, AND PROVIDES FAILURE TO INCLUDE THE REQUIRED LISTING SHALL RENDER THE BID OR PROPOSAL NON-RESPONSIVE. THE REQUIRED LISTING MUST BE SUBMITTED AND SIGNED EVEN THOUGH THE BIDDER OR PROPOSER WILL NOT UTILIZE SUBCONTRACTORS OR SUPPLIERS ON THE CONTRACT. IN THE LATTER CASE, THE LISTING MUST EXPRESSLY STATE NO SUBCONTRACTORS, OR SUPPLIERS, AS THE CASE MAY BE, WILL BE USED ON THE CONTRACT. TIMELY SUBMISSION OF A PROPERLY COMPLETED AND SIGNED "SUBCONTRACTOR/SUPPLIER LISTING, SUB FORM 100" (A COPY OF WHICH IS INCLUDED IN THE BID PACKAGE) CONSTITUTE COMPLIANCE WITH THE LISTING REQUIREMENTS OF THE ORDINANCE. IN ORDER TO BE DEEMED PROPERLY COMPLETED, THE WORD "NONE" MUST BE ENTERED UNDER THE APPROPRIATE HEADING OF SUB FORM 100 IF NO SUBCONTRACTORS OR SUPPLIERS WILL BE USED ON THE CONTRACT. XXIII `IV- 3 2 8 MIAMI-DADE COUNTY BID NO.: 6657 -1/03 -OTR -CW and comply with the County's Recycled Packaging Resolution No. 738- 92. (See Appendix - Section 1) (3) All goods furnished shall be fully guaranteed by the successful bidder against factory defects and workmanship. The successful bidder at no expense to the County shall correct any defects, which may occur within the period of the manufacturer's standard, and/or any implied warranty. The Special Conditions may supersede the standard manufacturer's warranty. D. Subcontracting (1) Unless otherwise specified in this bid solicitation, the successful bidder shall not subcontract any portion of the work without the prior written consent of the County. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the County may result in termination of this bid solicitation for default. (2) Quarterly reporting when a subcontractor is utilized: The successful bidder is advised that when a subcontractor is utilized to fulfill the terms and conditions of this bid solicitation, County Resolution No. 1634-93 will apply to this bid solicitation. This resolution requires the successful bidder to file quarterly reports as to the amount of contract monies received from the County and the amount that have been paid by the sucdessful bidder directly to certified Black, Hispanic and Women -Owned businesses, performing part of this bid solicitation work. Additionally, the listed businesses are required to sign reports, verifying their participation in this bid solicitation work and their receipt of such monies. The requirements of this resolution shall be in addition to any other reporting requirements by Federal, State or local laws, ordinances or administrative orders. (3) Where subcontracting is permitted, the successful bidder shall obtain written consent of the County prior to utilizing the subcontractor. All actions of any subcontractor are the sole responsibility of the successful bidder. Note: This requirement is separate and independent from any requirements that may be contained in the Special Conditions, Paragraph 2.2. (4) In accordance with Ordinance No. 97-104, all bidders and respondents on County contracts for purchase of supplies, materials or services, including professional services, which involve the expenditure of $100,000 or more and all bidders or respondents on County or Public Health Trust construction contracts which involve the expenditure of $100,000 or more shall include, as part of their bid or proposal submission, a listing which identifies all first tier subcontractors who will perform any part of the contract work and describes the portion of the work such subcontractor 01- 328 XXII REV ISED M4= MIAMI -DADS CG.. _JTY BID NO.. 6657 -1/03 -OTR -CW an employee or agent of the County. The successful bidder shall supply a competent and physically capable employee. The County may require the successful bidder to remove an employee it deems unacceptable. Each employee shall wear proper identification. H. Indemnification of County by the Successful Bidder The successful bidder shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the successful bidder or its employees, agents, servants, partners, principals or subcontractors. The successful bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The successful bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. I. Protection of Proverty All existing structures, utilities, services, roads, trees, shrubbery, etc. shall be protected against damage or interrupted services at all times by the successful bidder during the term of this contract. The successful bidder shall be held responsible for repairing or replacing property, to the satisfaction of the County, which is damaged by reason of the successful bidder's operation on County property. 1.9 MODIFICATION OF THE CONTRACT The contract may be modified by unilateral action of the County or by mutual consent, in writing, and through the issuance of a modification to the contract, purchase order, change order or award sheet, as appropriate. 1.10 TERMINATION OF CONTRACT A. Termination for Convenience The County, at its sole discretion, may terminate this contract without cause by providing the successful bidder with thirty (30) day advance notice. Upon the receipt of such notice, the successful bidder shall not incur any additional costs under this contract. The County shall be liable 01- 328 ? V v REtliSFD 03!l�IOD MIAMI-DADE COUNTY E. BID NO.: 6657 -1/03 -OTR -CW (5) In accordance with County Ordinance No. 97-35 (Fair Subcontracting Policies), "all successful bidders/respondents on County contracts in which subcontractors may be used, shall be subject to and comply with Ordinance 97-35 as amended, requiring bidders/respondents to provide a detailed statement of their policies and procedures for awarding subcontracts which: F. G. a) Notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) Invites local subcontractors to submit bids in a practical, expedient way; C) Provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid; d) Allows local subcontractors to meet with appropriate personnel of the bidder to discuss the bidder's requirements; and e) Awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the bidder's stated objectives: All bidders/respondents seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures. Bidders/Respondents who fail to provide a statement of their policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners." (See Appendix — Section 1) Assignment The successful bidder shall not assign, transfer, or otherwise dispose of this contract, including any rights, title or interest therein, or their power to execute such contract to any person, company, or corporation without the prior written consent of the County. Delivery Unless otherwise specified in this bid solicitation, prices quoted shall be F.O.B. Destination with freight included in the proposed price. Emyloyee is the Responsibility of the Successful Bidder The employee of the successful bidder shall be considered to be, at all times, employee of the successful bidder under its sole direction and not 01- XXIV 328 1VLLr1LV`AA_A.# 1L/1.:. %.\ 11 1 LLL L1, IVJ I-L/VJ-V ►►\-%, tt 1.12 YEAR 2000 COMPLIANCE WARRANTY Definition: For purposes of this Year 2000 warranty, the term "Product" shall include software, firmware, microcode, hardware and embedded chip technology. Vendor warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the vendor and purchased by the County, for which Vendor is obligated to provide maintenance service are, and in the future, will be, Year 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information after January 1, 2000, including accepting date input, providing date output, and processing dates; function after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. The duration of this warranty and the remedies available to the County for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product with regard to Year 2000 Compliance, if any, will be corrected by Vendor at Vendor's cost within a timeframe mutually agreed upon with the County. Vendor cannot be held responsible for errors resulting from devices or systems external to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users improper integration of non -Year 2000 Compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under this contract with respect to defects other than Year 2000 performance. YEAR 2000 REMEDY CLAUSE: In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee, time being of the essence. XXVII RE'" - 3 2 MAIM -DADS COUNTY BID NO.: 6657 -1/03 -OTR -CW only for reasonable costs incurred by the successful bidder, as determined by the County, regardless of the method of payment required by this contract. The County shall be the sole judge of "reasonable costs." B. Termination for Default The County may terminate this contract upon the failure of the successful bidder to comply with any provision and/or requirements of this contract. The County's decision not to take action upon failure of the successful bidder to perform shall not be construed as a waiver of the ability of the County to take additional action at a later date and time. The County shall also have the ability to place the successful bidder on probation and/or terminate any portion of this contract. The date of termination shall be stated in a written notice to the successful bidder. In the event the successful bidder is terminated for default, the County reserves the right to re -procure the goods and/or services from the next lowest responsive responsible bidder or re -solicit the goods and/or services. The County may: further charge the successful bidder any differences in cost between the successful bidder's price and the re -awarded price and/or any costs associated with re -awarding or re -soliciting this contract. The County may also debar or suspend the successful bidder from conducting business with the County, and/or eliminate the defaulted contractor from consideration in future bid solicitation, in accordance with appropriate County ordinances, resolutions and/or administrative orders. _ C. Ordinance 93-137 Any individual or corporation or other entity that attempts to meet its contractual obligations with the county through fraud, misrepresentation or material misstatement, the county shall, whenever practicable, terminate the contract. The county as a further sanction may terminate or cancel any other contracts with such individual or other entity. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Notwithstanding, any individual or entity who attempts to meet its contractual obligations with the county through fraud, misrepresentation or material misstatement may be disbarred from county contracting for up to five (5) years. 1.11 ORDINANCES, RESOLUTIONS AND/OR ADMINISTRATIVE ORDERS To request a copy of any ordinance, resolution and/or administrative order cited in this bid solicitation, the bidder must contact the Clerk of the Board at 305-375-5126. 01- 328 XXVI PMV1=os 4= 2.1 ORA 2.3 2.4 2.5 2.6 MIAMI -DADS COUNTY BID NO.: 6657 -1/03 -OTR -CW SECTION 2.0, SPEICIAL CONDITIONS PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY: The purpose of this Invitation To Bid is to establish a contract for the purchase of Glass, Various Types, Non -Autos in conjunction with the County's needs on an as needed when needed basis. INTENTIONALLY OMITTED INTENTIONALLY OMITTED TERM OF CONTRACT: FIXED PERIOD This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter which is distributed by the County's Department of Procurement Management, Bids & Contracts Division; and contingent' upon the completion and submittal of all required bid documents. The contract shall remain in effect for (24) twenty-four months and upon completion of the expressed and/or implied warranty periods. OPTION TO RENEW (1) ONE YEAR (With Price Adjustment): The prices for a two (2) year period from effective date shall be consistent with the provisions outlined in section 2.7 of these special terms and conditions; at which time Dade County shall have the option to renew for an additional one year period. At that time Dade County will consider an adjustment to price based on Consumer Price Index, All Urban Consumers, Ft. Lauderdale -Miami. It shall be further understood that the County reserves the right to reject any price adjustments submitted by the bidder and/or to terminate the contract with the bidder based on such price adjustments. Continuation of the contract beyond the initial period is a County prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the County. In the event that the bidder declines the County's right to exercise the option period, the County will consider the successful bidder in default and affect its eligibility for future contracts. NOTE:SHOULD THE COUNTY EXERCISE THE OPTION TO RENEW, IT SHALL BE ONLY FOR THOSE ITEMS ORIGINALLY AWARDED. METHOD OF AWARD: To Low Bidder In The Aggregate Award of this contract will be made to the responsive, responsible bidder who bids on all items and whose bid offers the lowest price when all items are added in the aggregate. If 01- 328 MIAMI -DADS COUNTY BID NO.: 6657 -1/03 -OTR -CW RESELLERS-- All ESELLERS: All products bid under this bid/contract will be Year 2000 compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information after January 1, 2000, including accepting date input, providing date output, and processing dates; function after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following January 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations after the leap year date of February 29, 2000 and store and provide output of date information in way that are unambiguous as to century. Resellers may provide a "pass through warranty" from the manufacturers/software developer, which meets all the warranty requirements by the County, and which shall include all other warranties provided by the manufacturer or software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other actions or remediation, required to satisfy warranty requirements. 01- 328 XXVIII REVISEDWn4= MIAMI-DADE COUNTY BID NO.: 6657 -1/03 -OTR -CW good commercial practice and shall be adhered to by the successful bidder(s); except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of the bidder. In these cases, the bidder shall notify the County of the delays in advance of the delivery date so that a revised delivery schedule can be negotiated. Should the bidder(s) to whom the contract(s) is awarded fail to deliver in the number of days as stated in its proposal, the County reserves the right to cancel the contract after any back order period which is specified in the Special Conditions has lapsed. If the contract is cancelled, it is hereby understood and agreed that the County has the authority to purchase the goods elsewhere and to charge the bidder with any re -procurement costs. 2.18 BACK ORDERS MUST BE FILLED WITHIN FIVE (5) CALENDAR DAYS If the successful bidder experiences a back order of items from its manufacturer or distributor, the bidder shall insure that such back orders are filled within five (5) calendar days from the date of the initial delivery. The bidder shall not invoice the County for back ordered items until such back orders are delivered and accepted by the County's authorized representative. It is understood and agreed that the County may, at its discretion, verbally cancel back orders after the grace period identified in this paragraph has lapsed, seek the items from another vendor, and charge the bidder for any re - procurement costs. 2.19 INTENTIONALLY OMITTED 2.20 CONTACT PERSONS: For any additional information regarding the specifications and requirements of this contract, Contact: Edward Mason, CPPB at (305) 375-3900. 2.21 COUNTY-WIDE/STATE-WIDE USAGE Any Governmental, not-for-profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Each Governmental, not-for-profit or quasi -governmental entity which uses a contract(s) resulting herefrom, will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments, determine shipping terms and issue its own exemption certificates as required by the -bidder. It is understood that unless specified in Section 2, paragraph 2.16, entitled "Shipping Terms", all prices shall be quoted, "FOB Destination." For entities other than those belonging to Miami -Dade County or those located outside of the geographical boundaries of Miami -Dade County, the successful vendor shall be entitled to ship goods on an "FOB 0j- 32 3 LV11171Y11-L111J1S %..\ 11 1 1311! 114' JV_) / -11 VJ-11 11\-t. YY bidder fails to bid on all items its bid shall be declared non-responsive. The County will award the total contract to a single bidder. 2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices proposed by the bidder shall remain fixed and firm during the term of contract. 2.8 INTENTIONALLY OMITTED 2.9 INTENTIONALLY OMITTED 2.10 INTENTIONALLY OMITTED 2.11 INTENTIONALLY OMITTED 2.12 INTENTIONALLY OMITTED 2.13 INTENTIONALLY OMITTED 2.14 INTENTIONALLY OMITTED 2.15 METHOD OF PAYMENT: PERIODIC INVOICES FOR COMPLETED PURCHASES The successful vendor(s) shall submit an invoice(s) to the requesting department(s) after purchase has been completed, whether picked up by authorized County personnel or delivered to the site by the vendor. The invoices shall reference the appropriate purchase order number, the delivery address, and the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of the County department when the items were delivered and accepted. Submittal of these periodic invoices shall not exceed thirty (30) calendar days from the delivery of the items. Under no circumstances shall the invoices be submitted to the County in advance of the delivery and acceptance of the items. 2.16 SHIPPING TERMS: F.O.B. DESTINATION All bidders shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized County representative at various locations. 2.17 DELIVERY SHALL BE TWO (2 )DAYS AFTER ORDER IS PLACED BY THE COUNTY The bidder shall make deliveries within two (2) calendar days after the date that the County department orders the items. All deliveries shall be made in accordance with 01- 328 f 2 MIAMI-DADE COUNTY BID NO.: 6657 -1/03 -OTR -CW CITY OF BOCA RATON CITY OF POMPANO BEACH Att: Carol Thomas, Att: Ernie Siegrist, Purchasing Manager General Servs. Director 201 W Palmetto Park Rd P.O. Drawer 1300 Boca Raton, FL 33432 Pompano Beach, FL 33061 (407) 393-7876 (954) 7864098 CITY OF NIIAMI SPRINGS CITY OF SUNNY ISLES BEACH Att: John M. Benson ATTN: Charlene Coletta 201 Westward Drive 17070 Collins Ave., Suite 250 Miami Springs, FL 33166 Sunny Isles Beach, FL 33160 (954) 885-4581 (305) 947-0606 2.22 AUTHORIZATION TO PICK-UP MATERIALS: Dade County employees are authorized to pick-up materials against purchase orders issued to the successful bidder(s). Such authorization is provided for the County employee through an "Authorization to Pick -Up Materials" (Dade County Form No. 160.04.17) who shall surrender the form to the bidder during each purchase. If the bidder is in doubt about the authenticity of the person picking up the material, the bidder shall contact Procurement Management for assistance at 375-3900. 2.23 COMPLIANCE WITH FEDERAL REGULATIONS DUE TO -USE OF FEDERAL DOLLARS Since the goods, services, and/or equipment that will be acquired under this bid solicitation will be purchased, in part or in whole, with federal dollars, it is hereby agreed and understood that Section 60-250.4, Section 60-250.5 and Section 60-741.4 of Title 4 of the United States Code, which addresses Affirmative Action requirements for handicapped workers, is incorporated into this bid by reference. See "Attachment A" 2.24 DAMAGED GOODS WHEN SHIPPING IS PROVIDED BY BIDDER: The bidder shall be responsible for filing, processing and collecting all damage claims against the shipper. 2.25 PACKING SLIPMELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY: The successful bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the County's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number, date of order, a complete listing of items being delivered; and back -order quantities and 01- 328 11 NIIAMI-DADS COUNTY BIDNO.:. .; :-1/03-OTR-CW Destination, Prepaid and Charged Back" basis. This allowance s_ -.all only be made when expressly authorized by a representative of the entity, prior to shipping the goods. It is also understood and agreed that Dade County is not a legally binding party to any contractual agreement made between any governmental unit and the bidder as a result of this bid. SURCHARGE FEE AND QUARTERLY SUMMARY REPORT Per Miami -Dade County Surcharge Fee Ordinance No. 98-43, please be advised that this contract is subject to a user surcharge fee in the amount of 2% on all sales resulting from this contract or any contract resulting from this solicitation and the utilization of the County contract price and the terms and conditions identified herein. Vendors shall be required to furnish the attached Quarterly Surcharge Payment Report in a timely manner. Quarterly reports and all applicable payments must be submitted to GSA/Accounts Receivable, no later than 15 days after the end of each quarter, regardless of the value of sales during the preceding quarter. By submission of these sales summary reports and corresponding surcharge fees, the vendor is attesting to their correctness. All such reports and fees shall be subject to audit by Miami -Dade County. Failure to submit the following Quarterly Surcharge Payment Report and make applicable payments in a timely manner, may result in termination or cancellation of contract with the non -conforming vendor and any and all remedies relating to the collection of such fees shall be enforceable. Additionally, any reprocurement charges may be charged to the vendor in default. Willful failure or falsification of sales reports or failing to make timely payments of the surcharge fee shall constitute sufficient cause for terminating the contract for cause of the non -conforming vendor. 01- 328 4 MIAMI-DADE COUNTY BID NO.: 6657 -1/03 -OTR -M SECTION 3.0 TECHNICAL SPECIFICATIONS 3.1 Various types of glass (no installation) as specified in bid proposal which is and becomes part of this Invitation to Bid. r. 0i_ 323 tZ MIAMI-DADE CO%,ATY BID NO.. 6657 -1/c.7 -OTR -CW estimated delivery of back -orders if applicable. 2.26 PURCHASE OF OTHER ITEMS NOT LISTED ON THIS BID SOLICITATION BASED ON PRICE QUOTES: While the County has listed all major items on the bid solicitation which are utilized by County departments in conjunction with its operations, there may be ancillary items that must be purchased by the County during the term of this contract. Under these circumstances, a County representative will contact the primary vendor to obtain a price quote for the ancillary items. If there are multiple vendors on the contract, the County representative may also obtain price quotes from these vendors. The County 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. 2.27 STOCK LEVELS SHALL BE MAINTAINED BY BIDDER The successful bidder(s) shall ensure that adequate stock levels are maintained at its place of business in order to assure the County of prompt delivery. If the delivery terms specified in the Solicitation are not fulfilled by the Bidder, the County reserves the right to cancel the order, purchase the goods elsewhere, and charge the Bidder for any reprocurement costs incurred by the County. 2.28 WAREHOUSE FACILITIES SHALL BE IN DADE COUNTY Bids will only be accepted from bidders which have warehouse facilities located in Dade County, Florida. The County reserves the right to perform an inspection of these warehouse facilities during the bid evaluation period and any time during the term of the contract and to use this inspection as a means for determining the lowest responsive, responsible bidder. The acceptable size, location, level of security, and functionability of the warehouse shall be determined by the County in consideration of the bid requirements in its best interest; and its decision shall be final. 12 01- 328 ITEM: DEPARTMENT: TYPE OF PURCHASE: REASON: RECOMMENDATION: Award Under Dade County Contracts MIAMI-DADE COUNTY CONTRACT NO. 0772-0/00 Glass, Non -Automotive Citywide Contract The Department of Purchasing has seen a need to secure a citywide contract for glass, non -automotive. It is recommended that award be made to Ready WIndow Sales and Service Corp., under existing Miami -Dade County Contract No. 0772-0/00, effective through November 30, 2002, subject to any extensions thereto by Miami -County, for the Department of Purchasing, to be utilized citywide; allocating funds therefore from various user departments and agencies, and budgetary approval of funds to utilize this service from individual accounts prior to usage. 01- 328