HomeMy WebLinkAboutR-01-0412J-01-327
5/08/01
RESOLUTION NO. 01— 412
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PROCUREMENT OF FUSSES TRAFFIC
FLARES FOR THE DEPAR'T'MENT OF POLICE FROM
AMFAK, INC., ON AN AS -NEEDED CONTRACT BASIS,
UNDER EXISTING MIAMI-DADE COUNTY CONTRACT
NO. 6323 -3/04 -OTR -SW, EFFECTIVE THROUGH
AUGUST 31, 2001, AND ANY EXTENSIONS, IN AN
ANNUAL AMOUNT NOT TO EXCEED $11,374;
ALLOCATING FUNDS FROM THE POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE
NO. 001000.290201.6.719.
WHEREAS, the Department of Police requires procurement of
fusees traffic flares to be used for traffic control and safety;
and
WHEREAS, the City Manager and the Chief of Police recommend
the purchase of fusees traffic flares from Amfak, Inc. on an
as -needed contract basis, under existing Miami -Dade County
Contract No. 6323 -3/04 -OTR -SW, effective through August 31, 2001,
and any extensions, be approved; and
CITY CODOU98101F
KEETINO OF
MAY 1 0 2001
,WUd" $0.
01- 412
WHEREAS, funds are available from the Police General
Operating Budget, Account Code No. 001000.290201.6.7191
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 fusees traffic flares for
the Department of Police from Amfak, Inc., on an as -needed
contract basis, under existing Miami -Dade County Contract
No. 6323 -3/04 -OTR -SW, effective through August 31, 2001, and any
extensions, in an annual amount not to exceed $11,374, is
approved, with funds allocated from the Police General Operating
Budget, Account Code No. 401000.290201.6.719.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.31
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 01- 412
11
PASSED AND ADOPTED this 0& day of May , 2001.
JOE CAROLLO. MAYOR
in woordanoe with Miami gods Seo. 2.39, ohm the Mayor did not h+dlaerte approval of
this legislation by signing it in the designated plane vided, said legislct",
ATTEST: becomes effective with the elapse of ten (toy da s it the 0 0 orrorro
regwdkV same, wM=t the Mayor
" 41
WALTER J. FOEMAN We m Cleric
CITY CLERK
CORRECTNESS :/
Page 3 of 3 01— 412
6 •
CITY OF MIAMI, FLORIDA M9
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members DATE RPR � 0 4XI Fq,E :
of the City Commission
sueJEcr Proposed Resolution
PAM nez REFERENCES: Purchase of Fusees
CiKXAyager (Traffic Flares)
ENCLOSURES;
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution authorizing
the purchase of Fusees (Traffic Flares), on an as needed basis, from Amfak, Inc., a non-
minority/local vendor, located at 3160 S.W. 22 Street, Miami, FL 33145, under existing Miami -
Dade County Bid No. 6323 -3/04 -OTR -SW, until August 31, 2001, subject to further extensions,
for the Police Department, in an annual amount not to exceed $11,374.
Funding is available from the Police General Operating Budget, Account Code No.
001000.290201.6.719.
The Police Department's Field Operations Division uses the fusees (Traffic Flares) to control
traffic and as a safety measure.
CAG /,ILMI
GRIMM
01- �1..
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Carlos A. Gimenez MAR 2 2 200)
TO : City Manager DATE: FILE:
suarECT : Purchase of Fasces
(Traffic Flares)
FROM Marti z REFERENCES
C ief of Police
ENCLOSURES -
The Police Department has verified that funds are available with the Department of Management &
Budget to purchase of Fusees (Traffic Flares), on an as. needed basis, from Amfak, Inc., under
existing Miami -Dade County Bid No. 6323 -3/04 -OTR -SW, until August 31, 2001, subject to
further extensions, in an annual amount not to exceed $11,374. Funding is available from the
Police General Operating Budget, Account Code No. 001000.290201.6.719.
BUDGETARY REVIEW & APPROVAL
49 Linda M. Haskins
Director
Department of Management & Budget
City of Mis""i
Msnsgement & Sudget
Tkm
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Arnpunt o`
evailaoir ' s- �nt
• -�
Verified by SIGNa._
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CONTRACT AWARD SHEET
GSA, PROCUREMENT MANAGEMENT DIVISION
BID NO.: 6323 -3/04 -OTR -SW
TITLE: Fusees
Previous Bid No.: 0680-2/98-2
COMMODITY CODE NO.: 55-54 OTR YEARS: THREE (3)
CONTRACT PERIOD: 9/15/99 through 8/31/2001
AWARD BASED ON MEASURES: ❑ YES ® NO ® SR PROCUREMENT AGENTs Marr Hovis, Cppb
PHONE: 305-375.3022
PART 01: VENDOR AWARDED
0000
F.E.I.N.:
591426484
VENDOR:
Amfak, Inc.
STREET:
3160 S.W. 22 Street
CITY/STATE/ZIP:
Miami, F133145
F.O.B. TERMS:
DMI
PAYMENT TERMS:
NZt 30
DELIVERY:
5 Days A.R.O.
PHONE:
(305) 446-5766
FAX:
(305) 448-6112
E-MAIL:
CONTACT PERSON:
Edward J. Caron
PART # I2 TEMS AWARDED
1. STANDARD HIGHWAY 30 MDRTM FUSEES
WITH WIRE HOLDER — 36/CASE.
PART #3: AWARD INFORMATION
❑ BCC ® PMD AWARD DATE: 8/31/99
BIDS & CONTRACTS RELEASE DATE: 8/31/99
ADDITIONAL ITEMS ALLOWED: N/A
SPECIAL CONDITIONS: wA
TOTAL CONTRACT VALUE: 5185,500.00
AGENDA ITEM M N/A
OTR YEAR: N/A
GSA, PROCUREMENT MANAGEMENT DWISION
1
R�COt/! ® ,.
MAR IJ 2001
LEGISLATMI LETAM s
I
AWAaD 61maTAec
BID NO.: 6323 -3/04 -OTR -SW
OPENING: 2:00 P.M.
WEDNESDAY
June 23,1999
MIAMI-DADE COUNTY, FLORIDA
INVITATION
TO BID
TITLE
FUSEES FOR MIAMI DADE COUNTY DEPARTMENTS FOR A TWO (2) YEARS PERIOD
WITH AN OPTION TO RENEW FOR THREE (3) ADDITIONAL YEARS I
THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW:
AFFIDAVITS:..............................................................................
611) DEPOSIT AND PERFORMANCE BOND: ..................................
CATALOGUE AND LISTS:..................................................................
CERTIFICATE OF COMPETENCY; ..................................................
EQUIPMENTLIST:.............................................................................
FAIR SUBCONTRACTING PRACTICES: .........................................
INDEMNIFICATION /INSU RAN C E:..... ..............................................
LISTINGS OF SUBCONTRACTORS do SUPPLIERS: ......................
PRE-BID CONFERENCEIWALK-THRU:..........................................
RACE -CONSCIOUSNESS MEASURE:.. .............................................
SAMPLESIINFORMATION SHEETS:.. .............................................
SECTION3 — MDHA:............................................................................
SITE VISIT/AFFIDAVIT:..................................................................
SOURCE OF SUPPLY: .................... ........... ........ - ...............................
SURCHARGEFEE:...............................................................................
WRITTEN WARRANTY:.....................................................................
SFE APPENDIX — SECTION 1
NIA
N/A
N/A
WA
SEE APPENDIX - SECTION I
N/A
NM
N/A
NIA
SEE SECT. 2.0. PARA. 2.9
NIA
NIA
NIA
SEE SECT. 3, PARA. 2.23
N/A
FOR INFORMATION CONTACT: MARIA HEVLa1, CPPB
305-375-3022
IMPORTANT NOTICE TO BIDDERS
MIAMI-DADE COUNTY
GSA, PROCUREMENT MANAGEMENT DIVISION
01- 412
BCD 541.1, FORMAL OW ROW" VW"
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MIAMI -DADS COUNTY
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BID NO.:6323-3/04-OTR-SW
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) WILL BE OPENED PROMPTLY AT THE TIME AND PLACE
SPECIFIED. BIDS (PROPOSALS) RECEIVED AFTER THE FIRST BID (PROPOSAL)
HAS BEEN OPENED WILL NOT BE OPENED AND WILL NOT BE CONSIDERED.
THE RESPONSIBILITY FOR SUBMITTING A BID (PROPOSAL) 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 small be submitted to the following address:
CLERK OF THE BOARD
Stephen P. Clark Center
111 NW 1st 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 blind/visually impaired and deaf/hard of hearing. If you require information In as alternate formal
please call 305-375-5278.
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MIAMI -DADS COUNTY BID NO.:6323-3/04-OTR-SW
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 the GSA Procurement Management Division.
The term "GSA" shall refer to Miami -Dade County's General Services Administration
Department.
1.2 CONTENTS OF BID
(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.
(1) Request for additional information, explanation, clarification or
interpretation must be made in writing to GSA Procurement Management
Division contact person identified on the cover page of this bid solicitation
and file a copy with the Clerk of the Board, 111 NW 1st Street, 17`h Floor,
Suite 202, Miami, Florida. The request shall be received- no later than
fourteen (14) working days prior to the bid opening date. Any request
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BID NO.:6323-3/04-OTR-SW
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. 99-106.
'CONE OF SILENCE"
PURSUANT TO ORDINANCE 98-106. AS AMENDED, A "CONE OF SILENCE"
IS I.MPOSED 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 T14ME 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) GSA Procurement Management 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. -
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MIAMI -DADS COUNTY BID NO.:6323-3/04-OTR-SW
(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.
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.
(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 atter receipt of
invoice or final acceptance, whichever is later.
1.3 PREPARATION AND SUBMISSION OF BID
1.1- 7 •1 -U -1
(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 all corrections
made by the bidder will be initialed in ink by the authorized agent. The
use of pencil or erasable ink or failure to comply with any of the foregoing
may result in the rejection of the bid.
(3) Where there is a discrepancy between the unit prices and any extended
prices, the unit prices will prevail.
tv
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1vIIANII-DADS COUNTY
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SID NO.:6323-3/04-OTR-SW
(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).
(S) 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 materials and/or supplies are not manufactured by the bidder,
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.
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MIAMI-DADE COUNTY
dl.••-fYR1.1
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BID NO.:6323-3/04-OTR-SW
The County requires the bidder to complete a registration application
including the required disclosure affidavits with GSA Procurement
Management Division. The bidder must be registered to be recommended
for any contract award'a. To register, or for assistance in registering,
contact Vendor Assistance at 305-375-5287.
•Seetioa 2.11.1101 of the County Code provides that a person (County Employee) may not enter tab any
contract or troanct any business through a firm, corporation, partnership or besisess entity In whkb he
or any member of his Immediate family has a controlling flaasetal laterest, direct or tadireet with the
County or say person or agency acting for the County and any such eoatncL agreement or bedatee
engagement entered to violation of this sabeeetion shall reader the tnutuction voidable. For additle"
htformstlen please contact the Ethics Commission but line at 31IM794313.
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) who 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.
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MIAMI -DARE COUNTY BID NO.:6323-3/04-OTR-SW '
(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 terns 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.).
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)
VII
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MIAMI-DADE COUNTY
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BID NO.:6323-3/04-OTR-SW
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.
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. To verify or satisfy all delinquencies and currently due
fees, taxes and parking tickets, contact the Miami -Dade County Tax
Collector's Division at 305-375-5762.
(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 from 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)
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BID NO.:6323-3/04-OTR-SW
years shall disclose this information prior to entering into a contract with
or receiving funding from the County."
H. Cuba AlMdavit
Pursuant to County Resolution Nos., 202-96 and 206-96 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 award of this bid solicitation. Failure to
complete the affidavit, may result in the rejection of the bidder's Proposal
and/or rescinding of the recommendation for award.
(See Appendix - Section 1)
I. Debarment Disclosure Affidavit
J.
rzrzrrI .
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 neither
the bidder, its subcontractors, or their officers, principals or affiliates, are
debarred by the County 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 false information can be punished by civil or criminal
penalties, or both, as provided for in the law.
(See Appendix - Section 1)
Independent Private Sector Insnector 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 tetras 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
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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
random audits on all County contracts throughout the duration of each
contract. The cost of the audit for this contract shall be 14 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 (Contractor/Vendor/Consultant) pursuant to all change orders, contract
renewals and extensions.
The Miami -Dade County Inspector General is authorized and empowcred
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 specificatiohs,
(bid/proposal) submittals, activities of the
(Contractor/Vendor/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 (ContractorNendor/Consultant) from
the Inspector General or IPSIG retained by the Inspector General, the
(ContmctorNendor/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,
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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
dividends received, payroll and personal records, and supporting
documentation for the aforesaid documents and records.
The provisions in this section shall apply to the
(ContmctorNendor/Consultant), its officers, agents, employees,
subcontractors and suppliers. The (Contmctor/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.
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.
Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, "Arty
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 (510,000.00) for a period of thirty-six
(36) months from the date of being placed on the convicted vendor list."
M. Proiect Fresh Start -Welfare -to -Work Initialjve
"In accordance with Resolution R-702-98, all bidders who employ twenty-
five (25) or more employees on County contracts for purchase of goods
and services resulting in actual payment of $500,000 or more, and all
bidders who employ twenty-five (25) or more employees on County or
Public Health Trust construction contracts resulting in actual payment of
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S500,000 or more, shall contribute to Project Fresh Start, the County's
welfare -to -work initiative, based on the following scale:
If the entity has a contract with the County that results in actual
payment of an amount between 5500,000 to $1,000,000, then that
entity shall contribute 55,000 to Project Fresh Start;
II If the entity has a contract with the County that results in actual
payment of an amount between 51,000,001 to $5,000,000, then that
entity shall contribute 510,000 to Project Fresh Start;
III If the entity has a contract with the County that results in actual
payment of an amount between 55,000,001 to $10,000,000, then that
entity shall contribute 520.000 to Project Fresh Start;
IV If the entity has a contract with the County that results in actual
payment over 510,000,001, then that entity shall contribute 525,000 to
Project Fresh Start.
Resolution R-702-98 applies to all such contracts whether competitively
bid by the County or not. Applicable contracts that have received
authorization by the Board of County Commissioners to waive formal
bidding procedures must also contribute to Project Fresh Start.
Resolution R-702-98 does not apply to contracts with governmental
entities, contracts with not -for profit organizations, professional service
agreements or grant awards.
An entity may request a waiver of the requirements of Resolution 8-702-
98 if the bidder can demonstrate that five -percent (5%) of the bidder's
work force consists of individuals residing in Miami -Dade County and
who have lost or who will lose cash assistance benefits (formerly Aid to
Families with Dependent Children "AFDC") as a result of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1997."
(See Appendix - Section 1)
1.4 MODIFICATION OR WITHDRAWAL OF A BID
Any modification by the bidder to a bid shall be submitted to the C$M
OF THE RO_ prior to the time and date set for bid opening. The
bidder shall submit the new bid proposal Form and it 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. 01— 412
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MIAMI -DARE COUNTY BID NO.:6323-3/04-OTR-SW
B. Withdrawal of a Bid
A bid shall be irrevocable unless the bid is withdrawn as provided herein.
A bid may be withdrawn only by written letter received by the CL=
OF THE JIQAM prior to the bid opening date. 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
Miliff .t .
(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
pan 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."
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.
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.
The County reserves the right to waive any infortnalities or irregularities
in this bid solicitation.
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(1) A bid will only be considered from a firm which 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.
(S) 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
reserves the right, before awarding this contract to require the bidder to
submit such evidence of its subcontractor as it may deem necessary.
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.
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'.MIAMI -DADS COUNTY BID NO.:6323-3/44-OTR-SW
B. Tie Bid
Any tie bid will be decided by the Director of Procurement or designee,
and according to County Resolution 1574-88.
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 maturer 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.
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
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.
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. Said estimates may be
used by the County for purposes of determining the low bidder meeting
specifications.
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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.
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 and one percent (1%) for Broward County of the
bid proposal price. For the purposes of the applicability of this Ordinance,
"local business" means the bidder has its headquarters located in Miami -
Dade or Broward Counties or has a place of business located in Miami -
Dade or Broward Counties at which it will produce, distribute and/or
perform a substantial portion of the goods and/or services to be purchased.
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.
• w • • 11 11 1 • : • 1 .1 I I I I I
This bid award recommendation will be in writing, signed by the Director
of GSA Procurement Management Division 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
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recommendation, the bidder shall post at the time of filing a Surety Bond
( cashier's check or money order ) in the amount of 5500.00 payable to the
Board of County Commissioners. Failure to file the proper Bond at the
time of filing 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, attorney's and administrative fees.
B. Bid Award Recommendation Over $100.000.00 and uy to 5500.000.00
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
General Services Administration Procurement Management 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
department, the bidder's Bond may be forfeited and the County may
seek all costs, attorney's and administrative fees.
1.8 CONTRACTUAL OBLIGATIONS
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 Emolovment and Procurement Practices Affidavit
In accordance with the requirements of Ordinance 98-30, all firms with
annual gross revenues in excess of S5 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 proposalsibids to be filed with the Clerk of the Board, an
appropriately completed and signed Affirmative Action Plan/Procurement
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Policy Affidavit. Firms 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 proposals/bids 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 S5 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)
+flFTpl7.R'fT'+�7
(1) Unless otherwise specified in the Special Conditions or Technical
Specifications, all containers shall be suitable for shipment and/or storage
and comply with the County's Recycled Packaging Resolution No. 738-
92. (See Appendix - Section 1)
(2) 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 standard manufacturer's warranty may be superseded by the Special
Conditions.
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
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to file quarterly reports as to the amount of contract monies received from
the County and the amount that have been paid by the successful 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 S100,000 or more
shall include, as pan 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
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)
NATE: 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
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MIAMI-DADE COUNTY BID NO.:6323-3/04-OTR-SW
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.
(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:
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 locpl 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
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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. BiddervRespondents 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 — Secdon 1)
E. AssigMent
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.
F. pelivery
Unless otherwise specified in this bid solicitation, prices quoted shall be
F.O.B. Destination with freight included in the proposed price.
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
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.
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
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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. erotMtion of Pmperty
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 Corly_e�enee
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
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
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XXII
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MIAMI-DADE COUNTY HID NO.:6323-3/04-OTR-SW
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 Rather 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.
ni- 02
XXIII
MIAMI -DADS COUNTY
•
BID NO. -6323 -3/04 -OTR -SW
SECTION 2.0 SPECIAL CONDITIONS
FUSEES
The purpose of this Invitation To Bid is to establish a contract for the purchase of fusees
in conjunction with the County's needs on an as needed when needed basis.
22.22 INTENTIONALLY OMITTED
2.4 TERM OF CONTRACT: TWENTY-FOUR MONTHS
This contract shall commence on the first calendar day of the month succeeding approval
of the contract by the Board of County Commissioners, unless otherwise stipulated in the
Notice of Award Letter which is distributed by the County's GSA Procurement
Management Division; and contingent upon the completion and submittal of all required
bid documents. The contract shall remain in effect for twenty-four (24) months anh
upon completion of the expressed and/or implied warranty period.
2.5 OPTION TO UNEW FOR THREE (3) ADRITIO1VAL YEARS (With Price
Adjustment)
The prices for a two year period from effective date shall be consistent with the
provisions outlined in section 2.7 of these terms and conditions; at which time Miami -
Dade County shall have the option to renew for an additional three (3) years on a year to
year basis. At that time Miami -Dade County will consider adjustment to price based on
(the latest Consumer Price Index List, All Urban Consumers for the Miami, Ft.
Lauderdale area). 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 may 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.
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.MIAMI -DADS COUNTY
•
BID NO.:6323-3/04-OTR-SW
2.6 METHOD OF AWARD TO A SINGLE BIDDER: (Single Item)
Award of this contract will be made to the lowest responsive, responsible bidder.
MIME 1 Q1 I ;u 1763 IN iA 131AINCIRk I ZIN62
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.
Manufacturer's name, brand name and/or model number are used in these specifications
for the sole purpose of establishing minimum requirement of level of quality, standards of
performance and design required and is in no way intended to prohibit the bidding of other
manufacturer's items of equal material. An equal product may be bid provided that the
product is found to be equal in quality, standards of performance, design, etc. to the item
specified. Where an equal is bid, the Bid Proposal should be accompanied with two (2)
complete sets of factory information sheets (specifications, brochures, etc.). Failure to
meet this requirement may result in your bid being rejected. All supporting documentation
submitted by the bidder must meet the required specifications, including, but not limited to
standard manufacturer's information sheets, catalogue, and brochures. Where standard
product literature is submitted with the bid and offers information that does not comply
with the specifications, the bidder must state on their company stationary the differences
between their bid and the standard product literature to ensure compliance with the
specifications. Bids submitted indicating standard product literature without the letter
explaining compliance will result in the bid being rejected for not meeting the
specifications. The County shall be sole judge of equality and its decision shall be final in
its best interest.
PFUNWO v Wv v Own NW10031�itl►�
2.11 ♦M y ♦l! • ♦ A s PTFKED
a oial (11ang W&MtkW0311
2.15 METHOD • U PERIODIC ♦ • FOR flu&
PURCHASES
The successful vendor(s) shall submit an invoice(s) to the requesting department(s) after
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%11AMI-DARE COUNTY BID N0.:6323 -3/04 -OTR -SW
purchase has been completed, whether picked up by authorized County personnel or
delivered to the site by the vendor. The invoice(s) 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.
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 .
MW63-11"I -:4111
The bidder shall make deliveries within five (5) calendar days after the date of the
purchase order. All deliveries shall be made in accordance with 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.
If the bidder fails to honor these re -procurement costs, the County may suspend the
bidder from submitting bid proposals on County contracts for a minimum period of six
(6) months.
•,� : �� i , 113 51 W,
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
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1111111 MOM,
0 •
MIAMI -DARE COUNTY BID NO.:6323-3/04-OTR-SW
• •.y : y •.
For any additional information regarding the specifications and requirements of this
contract, Contact: Maria Hevia at (305) 375-3022.
PFAMEM ;d Im U61 Z61 a J ao r , I•
The products shall be maintained and delivered to the County in excellent condition. If a
product does not meet specifications, it will be returned to the bidder as exchange for
suitable merchandise or for full credit at no additional cost to the County.
.• •a tellu ENO DI'VETC
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 375-5289. ,
• 1+.11t+ tr : M 1�
Any Governmental, not-for-profit or quasi-goverameutal entity In the State of Florida. may
avail Itself of thts 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 owr
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 Destination, Prepaid and Charged
Back" basis. This allowance shall 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. 9843, 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.
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4
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MIAMI -RADE COUNTY HID NO.:6323-3/04-OTR-SW
Vendors shall be required to furnish the attached Quarterly Surcharge Payment Report in a timely
sooner. Quarterly reports and all applicable payments must be submitted to GSA/Accounts
Receivable, no later than IS 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.
Wi'llf d 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 note -conforming
vendor.
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s
MIAMI -DADS COUNTY BID NO.:6323-3/04-OTR4W `
MIAMI-DADR COUNTY
General Services Administration/Procurement Management Division
I I 1 N.W. 1st Street
Suite 2350
MIAMI, FLORIDA, 33128
(305) 375-5289)
Vendor Instructions for Completing Quarterly Surcharge Payment Report•.
1) Complete section 1.2.3, and sign form.
2) Enter amount of total amount paid with this summary.
4) Make check payable to Board of CoupD► fbmmissionen.
5) Attach check to report form and remit to:
GSA/Accounts Receivable
11 l NW 1st Street
Suite 2410
Miami, FL 33128
NOTE: Quarterly report must be submitted to GSA/Accounts Receivable, no later that 1S days
after the end of each quarter, regardless of the value of sales during the preceding quarter.
Start of Quarter
Report/Check (If Applicable)
Due
lst Quarter - January 1 —March 31
April 15
Ind Quarter - April 1 - June 30
July 15
3rd Quarter - July 1 - September 30
October 15
4th Quarter - October 1 - December 31
January 15
6
o�1u
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MIAMI-DADE COUNTY
0 i_. l e . •
ITEM:
DEPARTMENT:
TYPE OF PURCHASE:
REASON:
RECOMMENDATION:
Awad Unft Dude COU MY C=U=
Fusees (Traffic Flares)
Police
l=
The Department of Police has a need to purchase
fusees to control traffic and as a safety measure.
It Is recommended that the award be made to
Amfak, Inc., for the procurement of fusees (traffic
flares), on an as needed contract basis, utilizing
existing Mlaml-Dade County Contract No. 6323-
3/04 -OTR -SW, effective until August 31, 2001,
subject to any extensions thereto by Miami -Dade
County, for the Department of Police, in an amount
not to exceed $11,374; allocating funds therefor
from Police Department General Operating Budget,
Account Code No. 001000.290201.6.719.
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