HomeMy WebLinkAboutR-00-0913J-00-918
10/24/00
RESOLUTION NO. Go—
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE ACQUISITION OF COURT REPORTING
SERVICES FOR THE OFFICE OF HEARING BOARDS
FROM VARIOUS VENDORS, UNDER EXISTING MIAMI-
DADE COUNTY CONTRACT NO.. 0628 -2/02 -OTR -CW,
EFFECTIVE OCTOBER 1, 2000 THROUGH SEPTEMBER,
2001, SUBJECT TO ANY EXTENSIONS THERETO, IN
AN ANNUAL AMOUNT NOT TO EXCEED $13,246;
ALLOCATING FUNDS THEREFOR FROM THE OFFICE OF
HEARING BOARDS, ACCOUNT CODE
NO. 001000.820101.6.289.
WHEREAS, the Office of Hearing Boards requires court
reporting services for its monthly board hearings of the Code
Enforcement Board, Planning Advisory Board, Zoning Board, and
Nuisance Abatement Board; and
WHEREAS, the City Manager and the Executive Secretary of the
Office of Hearing Boards recommend that the acquisition of court
reporting services from Various Vendors, under existing
Miami -Dade County Contract No. 0628 -2/02 -OTR -CW, be approved; and
CITY COMUSSYON
MEETING OF
Q CT 2 6 2000
`,Et Pion HQ.
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13
WHEREAS, funds are available from the Office of Hearing
Boards, Account Code No. 001000.820101.6.289;
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 hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The acquisition of court reporting services
for the Office of Hearing Boards from various vendors, under
existing Miami -Dade County Contract No. 0628 -2/02 -OTR -CW,
effective October 1, 2000 through September, 2001, subject to any
extensions thereto, in an annual amount not to exceed $13,246, is
hereby approved, with funds therefor hereby allocated from the
Office of Hearing Boards, Account Code'No. 001000.820101.6.289.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
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 L
PASSED AND ADOPTED this 26th day of October , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval
this legislation by signing it in the designated plat rovided, s id legis'a?ir+
becomes effective with the elapse of ten (10) -lays f/,j the datr o -)m ?ssic -
regarding same, without the Mayor r-cerVsing v _
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVE TO RM AN ORRECTNESS:lt/
LED, VTLARELLO
CITY AOTTORNEY
4:19:LB:BSS
Clerk
Page 3 of 30 IN
; �`�#,
CITY OF MIAMI, FLORIDA CA=9 MEMORANDUM
The Honorable Mayor and Members
TO: of the City Commission DATE: OCT 10 2000 FILE
SUBJECT: Proposed Resolution
FROM: REFERENCES: Court Reporting Services
ez Miami -Dade County Contract
City Manager ENCLOSURES: No. 0628 -2/02 -OTR -CW
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing a contract for the acquisition of services from various vendors, as listed
attached, ;utilizing existing Miami -Dade County Contract No. 0628 -2/02 -OTR -CW,
effective October 1, 2000 through September 30, 2001, subject to further extensions by
Miami -Dade; County, for the Office of Hearing Boards, for a proposed total annual
amount not to exceed $13,246. Funding is available from the Office of Hearing Boards;
Account Code°Number 001000.820101.6.289.
BACKGROUND:
The Office of Hearing Boards has a need to utilize Miami -Dade County Court Reporting
Services Contract No. 0628 -2/02 -OTR -CW for the acquisition of court reporting services.
These services are needed in order to cover the monthly Code Enforcement Board,
Planning Advisory Board, Zoning Board and Nuisance Abatement Board hearings.
�na
CG/DB/TLF
00- 913
0 •
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: DATE: FILE:
Carlos Gimenez
City Manager SUBJECT:
Resolution Authorizing
Procurement of Court
FROM: REFERENCES : Reporting Services
Teresita L. Fernandez
Executive Secretary ENCLOSURES:
Office of Hearing Boards
The Office of Hearing Boards has verified with the Department of Management and
Budget that funds are available from the Office of Hearing Board's Account Code No.
001000.820101.6.289, in an amount not to exceed $13,246, for Fiscal Year 2000-2001,
for court reporting services, effective October 1, 2000 through September 30, 2001.
Budgetary Review and Approved by:
vx- a-414��
Linda Haskins, Director
Department of Management & Budget
City of Miami
Management III, Budgat
Dab W -ZT/v 0
Time
Amountof$ 4 0,ay
available in account nulber:
po(�W. 967oloy .6. Z,�9
'Verified by: SYGNATURE
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Date
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PAYbMW TIAMS:
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DE UVBRY:
Ar Rpoitrd
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(303)373 -MO
FAX
(303) 373-5006
CCMACT:
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GA METRO DARAMCGILET
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s s.ssion
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3. Eve"Ins Meat (91-00 pan. -10Aq p_++•_) !t3�0.tf0/pee sa�iewe
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(X)BCC OiMu AWARD TATE. 10*06
AORKDA ITEM ft-, ERa*
BIDS k WNTILACT3 Rx"ASE DATZ: 12MVE
OTJL YEAR: VA
ADDMONALTr" ALLOWED'. fdA
6FWAL CONDITIONS: b aunw=e—'1 Y" 1
TOTAL. CONTRACT VALUE- S79o,700.00 "
WD. FMO CONTRACT VALUE: MIA ,
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Duildiop Cods Ccrop]ian"
S 42,M*.UU
c.++r�Rteu+fbr do Bsonoa�ic DoveioPms:+t {CED)
S 1 2,000.00
Cieri6 oiCoures
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Cexrw tims A Re4abilitalim
i 30.0010.00
Caastitmw Servieea
S �3,30G-00
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5 60.0®0.00
DUM
I =00.00
Fi:'
t 6,000.00 ,
�isi�ap Finaiaee Au�orky
! 6.600.00
Miami -D4& H w ft Apo.. -y
6 20.000.00
Ilii =1 -Da& rouse Depamnant
Mt�e►i-Dam r.�ruitay
S 3.000.00
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�00,0i30.00 • ,
Sit. MOCURAbse—M .4401 .- ®noel *Ray. CFPB
.00� 93
•
METRO OaOE
BID NO: 0628-2/02-OTR-CW/SNk'
OPENING: 2:00 P.M.. WEDNESDAY
DATE: MAY 20, 1998
METROPOLITAN DADE COUNTY, FLORIDA
INVITATION
TO BID
TITLE
COURT REPORTING SERVICES FOR METROPOLITAN DADE COUNTY CLERK OF
COURTS AND ADDITIONAL COUNTY DEPARTMENTS FOR A TWO (2) YEAR
PERIOD WITH COUNTY OPTION TO RENEW FOR TWO (2) ADDITIONAL YEARS.
THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW:
BID DEPOSIT AND PERFORMANCE BOND:
CATALOGUE AND LISTS:
EQUIPMENT LIST:
INDEMNIFICATION/INSURANCE:
PRE-BID CONFERENCE/WALK-TNRU
RACE -CONSCIOUSNESS MEASURE:
SAMPLES/INFORMATION SHEETS:
SITE VISIT/AFFIDAVIT:
SOURCE OF SUPPLY:
TRADE CERTIFICATION:
WRITTEN WARRANTY:
N/A
N/A
N/A
SEE SECTION 2.0, PARA. 2.11 s
N/A
SEE SECTION 2.0, PARA. 2.2
N/A
N/A
N/A
N/A
N/A
FOR INFORMATION CONTACT: DIANE LERAY, CPPB
(305) 375-5330
METROPOLITAN DADE COUNTY
GENERAL SERVICES ADMINISTRATION
PROCUREMENT MANAGEMENT DIVISION
00- 913
�� P-+ntec cr. Recvclec Pape►
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.
THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A BID TO
THE CLERK OF THE BOARD ON OR BEFORE THE STATED TIME AND,,,-
DATE
ND_
DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE
BIDDER 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. ANY BID
RECEIVED AFTER THE DATE AND TIME STATED IN THE INVITATION
TO BID WILL NOT BE OPENED AND WELL NOT BE CONSIDERED.
This Bid shall be submitted to the following address:
CLERK OF THE BOARD
Stephen P. Clark Center
111 N.W. 1st Street, 17th Floor, Suite 202
Miami, Florida 33128-1983
It is the policy of Metropolitan Dade 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 Resolution R-385-95 prior to the award of a Bid Solicitation.
Failure to complete the affidavit as required may result in the rescinding of the
recommendation for award.
a:boil5-15.doc 3
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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 Metropolitan 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 Dade - County's General Services Administration
Department.
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.
a:boi15-15.doc 1 Rev. 6/13/97
00m 913
B. Additional Information/Addenda
(1) Request for additional information, explanation, clarification or
interpretation must be made in writing to the GSA Procurement
Management Division contact - person identified on the cover page of
this Bid Solicitation. The request shall be received by GSA
Procurement. Management Division 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.
(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.
(3) It is the Bidder's responsibility to ensure receipt of all addenda and
substitute Bid Proposal Forms. The .Bidder shall verify with the GSA
Procurement Management Division contact person, prior to submitting
a Bid, that all addenda have been :received. 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, Eiy
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.
a:boi15-15.doc 2 Rev. 6/13/97
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b. The Bidder is required to provide prompt payment terms in the
space provided on the Bid Proposal signature page of this Bid
Solicitation. U 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 Preparation/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 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.
(4) The County will 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) Unless otherwise specified in the Special Terms and Conditions, the
proposed delivery and/or completion time, if required, shall be stated in
calendar days.
(6) 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.
a:boil5-15.doc
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V
The County maybe 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.
(7) Any telegraphic or facsimile Bid will not be considered.
(8) The Bidder shall incorporate in their Bid price all costs related' to this
Bid Solicitation.
(9) 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.
B. 'Vendor Registration
Dade County requires the Bidder to complete a registration application
with GSA Procurement Management Division. The Bidder must be
registered to be recommended for any contract award. To register, or
for assistance in registering, contact (305) 375-5287.
C. Criminal Conviction Disclosure
Pursuant to Metro -Dade County Ordinance No. 9434, "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."
Forms are available from GSA Procurement Management Division.
D. Sworn Statement on Public Entity .Crimes
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
a:boil5-15.doc 4 Rev. 6/1 9
y
3
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."
E. Minorite 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, 111
N.W. 1st Street, Suite 1710, Miami, FL 33128, Phone: (305) 375-
4132.
F. Business Activity With and Travel To Cuba
Pursuant to Metro -Dade County Resolutions Nos. 202-96 and 206
as implemented by Administrative Order 3-12, which restricts
purchases from a firm conducting business with Cuba, and restricting
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.
G. Collection of Fees. Taxes and Parking Tickets
By acceptance of this Contract, the Successful Bidder acknowledges
compliance with the procedures contained in Section 2-8.1 (c) of the
Code of Metropolitan Dade County, and as amended by Ordinance 96-
178, which requires 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 Dade
County Tax Collector's Division at (305) 375-5762.
H. Antitrust Laws
By acceptance of this Contract, the Successful Bidder complies 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.
1.4 MODIFICATION OR WITHDRAWAL OF A BID
A. y Modification of a Bid
a:boi15-15.doc
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
5
Rev. 6/13/97
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subtrvtted 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. I 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. A Bid may be withdrawn only by written letter received by the
CLERK OF THE BOARD 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 Biddt,-.
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,
The County may reject_and re -advertise for ail 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 prices are not fair and reasonable, as
determined by the County, and/or exceed the County's ,estimated
budget for this Bid Solicitation or,
If the Bidder take exceptions to or modifies the terms and conditions of
this Bid Solicitation. The County shall be the sole judge of what is "fair
and reasonable."
B. Elimination from Consideration
This Bid Solicitation shall not be awarded to any.person or firm which
is in arrears to Dade County upon any debt, taxes, or Contract which is
defaulted as surety or otherwise upon any obligation to the County. .
C. Waiver of Informalities _
The County reserves the right to waive any informalities or
irregularities in this Bid Solicitation.
Rcv. 6/13/96 0 v 9 13
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D. Demonstration of Competency
(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) Dade County reserves the right to audit all records pertaining to and
resulting from any award from this Bid Solicitation, financial or---
otherwise.
r___otherwise.
E. Cony 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
a:M15-15.doc
Any tie Bid will be decided by the Director of Procurement or
designee, and according to Ordinances Nos. 94-166 and 96-26 and
Resolution No. 50-96, when applicable.
7
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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 in:i
either be this Bid Solicitation, a purchase order or as award sheet.
E. Contract Extension
The County reserves the right to automatically emend 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. If this
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. Said
estimates may be used by the County for purposes of determining the
low Bidder meeting specifications.
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
a:boi15-15.doc 8 Rev. 6/13/97
0U -Y 913
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 Ordinances Nos. 94-166
and 96-26 and Resolution No. 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
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
Metropolitan Dade or Broward Counties or has a place of business
located in Metropolitan 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.
K. 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 shall, unless terminated by mutual written agreement
by both parties, continue until completion at the same prices, terms anti
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 Code of Metropolitan Dade County, as amended by, Ordinances
Nos. 95-201 and 95-126, and as established in Administrative Order 3-21.
A. Bid Award Over $500.000.00
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 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
fele 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
a:W15-15.doc 9 Rev. 6/13 :m 913
of the County's recommendation, the Bidder's Bond will be
forfeited and the County will seek all costs and attorney's fees.
B. Bid Award Over $25,000.00 but lessthan $500.000.00
This Bid award recommendation -will be posted by 9:00 A.M., every
.:Monday 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. In addition, the Bidder can call the Bid Award 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 rive
business (5) days after the posting of an award recommendation to file
a. written protest with, General Services Administration Procurement
Management Division or the using department awarding this Bid
Solicitation. 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 _
General Services Administration. Procurement Management Division
or the using department awarding this Bid Solicitation. Failure to
submit the proper Bond at the time of filing the protest, will result
in denial of the protest. If, the County's recommendation prevails,
the Bidder's Bond will be forfeited and the County will seek all _.
costs and attorney's fees.
C. Bid Award of $25.000.00 or less
This. Bid award recommendation is final and may not be protested.
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.. Conditions of Material and Packaeine'
(1111niess 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. R738-92:
(2) All goods .furnished shall be fully guaranteed by the Successful Bidder
against. factory defects and workmanship. Any defects which may
occur within .the period of the manufacturer's standard and/or any,
a:W15-15.doc 10 Rev. 6/13/97
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E.
implied warranty shall be corrected by the Successful Bidder at no
expense to the County. The standard manufacturer's warranty may be
superseded by the Special Conditions.
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 limitedby 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, Dade 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 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: yin
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
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.
Assienment
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.
a:boil5-15.doc 1 I Rev. 6/13/97
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F. Employee 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 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.
G. 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 _Al
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.
H. Protection of Propene
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 Cbiitract 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.
xboil5-15.doc 12 Rev. 6/13/97
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 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.
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.
a:boil5-15.doc 13 Rev. 6/13/97
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METROPOLITAN DADE C#Y B ONO. 0628-2/02-OTR-CW/SW
SECTION 2.0 SPECIAL CONDITIONS
COURT -REPORTING SERVICES
2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY
The purpose of this Invitation To Bid is to establish a contract for
the purchase of Court Reporting Services in conjunction with -the
County's needs on an as"needed when needed basis.
2.2 RACE/ETHNICITY/GENDER CONTRACT MEASURES:
This contract includes, Participation .Provisions for Certified Black
Business Enterprises (BBE's) and/or Certified Hispanic Business Enter-
prises (HBE's) and/or Certified Women' Business Enterprises (WBE's) as
indicated in 'Appendix ,A of thil s Bid/Proposal solicitation. Thee
Certification List as mentioned in- Appendix A can be obtained by
contacting the Department of Business Development at (305) 375-4132.
2.3 Intentionally Omitted
2.4 TERM OF CONTRACT: TWENTY-FOUR (24) MONTHS
This contract shall commence on the first, calendar day of the month
succeeding approval of the contract by the Board of rCounty
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 and upon completion of the expressed 'and/or
implied warranty period.
2.5 OPTION TO RENEW (2) TWO YEARS (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 two (2) years, on a year to year basis. At
that time Dade County will consider an adjustment to price based on
CPI-Miami/Ft. Lauderdale Wage Warners and Clerical Workers. 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.
NOTE: SHOULD THE COUNTY EXERCISE THE OPTION TO RENEW, IT SHALL
BE ONLY FOR THOSE ITEMS ORIGINALLY AWARDED.
2.6 METHOD OF AWARD: MULTI -STEP BIDDING
Award of this contract will be made to the lowest two (2) responsive,
responsible bidders by group, exclusive of options. To be considered
for award by group, the bidder shall offer prices for all items within
Page 1
METROPOLITAN DADE CY BfNO. 0628-2/02-OTR-CW/SW
the group. If .bidder fails to bid on all items within the group, its
.bid shall be declared non-responsive for the corresponding group.
While the award will be made to multiple bidders by group to assure
availability, the lowest bidder by group will be given the .first
opportunity to perform under the Terms and Conditions of the Contract.
Bidders will submit their proposal in two (2) parts simultaneously.
Those two (2) parts will consist of the Pre -Qualification Response
Section and the Pricing Response Section of this Bid Solicitation. The
two parts will be submitted in two (2) separate envelopes, each plainly
and clearly labeled with the Bidder's name and address and the Section
contained. The envelope marked with a red dot is to be used for the
Pricing Response Section.
1. The Pre -Qualification Response Section shall contain all applicable
requirements of this bid solicitation and all documented evidence
of qualifications.
2. The Pricing Response Section shall be submitted in the second
envelope (marked with a red dot) and shall be sealed prior to
submission. It shall contain a completely executed Section 4.0 of
this Bid Solicitation.
Failure to submit bids in accordance with the aforementioned
requirements shall result in the bid being rejected as non-responsive
and the bid shall not be considered for award.
NOTE: The only bid prices that will be considered for award und& the
second step .of the bid process, will be from Bidders whose bid
proposals were technically in compliance during the first step of the
bid process.
Upon the opening of the first part of this Bid Solicitation, a
Pre -Qualification evaluation period of approximately two, (2) weeks will
commence. At the conclusion of the evaluation period, all bidders will
be notified by mail of the results of that evaluation.
All responsive bidders will be notified by mail of the bid opening date
for the sealed Pricing Response Section of this Invitation to Bid.
Bidders whose Pre -Qualification Responses were not in compliance with
the Bid Requirements will have their sealed Pricing Section envelope
returned unopened. The Bid will be awarded to the lowest two (2)
responsive, responsible bidders by group, exclusive of options.
THE FOLLOWING ITEMS MUST BE SUBMITTED IN STEP I
(Pre -Qualification Criteria)
1. Bidders must submit list of at least five (5) references consisting of
courts/and or firms served during the past two (2) years in the
specified service. (See Section 2.0 para. 2.29 for clarification).
2. All Court Reporters must be notarized in order to administer oaths at
the Hearings. Proof shall be required.
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METROPOLITAN DADE STY 60 NO."0628-2/02=OTR-CW'SW
3. Bidders must be certified shorthand reporters having current and
valid certificate issued by the Secretary of the State of Florida
as proof of qualification.
4. Bidder must have a minimum of seven (7) Court reporters on Staff
to ensure adequate coverage for all of Value Adjustment Board, Code
Enforcement and additional County departments.
5. Bidders to utilize standard stenographic equipment with the
capability of taking'up from 200 to 225 words per minute. In addition,
have all equipment necessary to, perform the services. An equipment
list may be required during the pre -qualification period.
6. Bidders are required to have sufficient resources to meet their
payroll and related office expenses which are required to be paid
during the, approximate; forty five (45) day period following their,
submissionof court reporting invoices, in the appropriate format and
..payment of such invoices by Miami Dade County. Demonstration of their
financial capabilities should be submitted by either:
(1) Financial Statements (balance sheet, income statement and cash flow
statement) -for the past three years or (2) Bidder's self certification
that bidder is financially capable of meeting its payroll and related
office expenses during the approximate forty-five (45) day period,
between the date the bidder's invoices are submitted and the date said
invoices are paid by.Mi,ami Dade County.
7. BIDDERS FOR VERBATIM COURT REPORTING SERVICES AT MEETINGS FOR THE BOARD
OF COUNTY COMMISSIONERS OF DADE COUNTY, OR -ANY OTHER LOCATION, .SHALL
HAVE A FULLY STAFFED OFFICE WITH A TWENTY-FOUR (24). HOUR RESPONSE -TIME.
FAILURE TO ADHERE TO THE RESPONSE TIME SHALL BE CAUSE FOR LIQUIDATED
DAMAGES (SEE SECTION 2.0 PARA. 2.10), s
2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM bF CONTRACT
I`f 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 LIQUIDATED DAMAGES FOR LATE ARRIVALS
Upon `failure to have personnel arrive at,a particular location within
the specific time frame in accordance with the specifications and to
the satisfaction of the 'County, the bidder shall be subject to charges
for liquidated. damages for twice- the session charge quoted for. any
tardy personnel. The County shall have the right to deduct the said
liquidated damages from any amount due, or that may become due to. the
bidder under this agreement, or to invoice the bidder for such damages,
if the costs incurred exceed the amount due the bidder.
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METROPOLITAN DADE CAY B AO. 0628-2/02-OTR-CW/SW
2.11 INDEMNIFICATION AND INSURANCE - (1) GENERAL SERVICE AND MAINTENANCE
Provider shall indemnify and hold harmless the County and its officers,
employees, agents and instrumentalities from any and all liability,
losses or damages, including attorneys' 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 this Agreement by the
Provider or its employees, agents, servants, partners principals or
subcontractors. Provider 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. Provider expressly
understands and agrees that any insurance protection required by this
Agreement'or otherwise provided by Provider 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.
The vendor shall furnish to Bid Section, Metropolitan Dade County, c/o
Procurement Management Division, 111 N.W. 1st Street, Suite 2350,
Miami, Florida 33128-1989, Certificate(s) of Insurance which indicate
that insurance coverage has been obtained which meets the requirements
as outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as
required by Florida Statute 440.
B. Public Liability Insurance on a comprehensive basis in an amount
not less than $300,000 combined single limit per.occurrence for
bodily injury and property damage. Dade County must be shown as an
additional insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non -owned and
hired vehicles used in connection with the work, in an amount not
less than $300,000 combined single limit per occurrence for bodily
injury and property damage.
The insurance coverage required shall include those classifications, as
listed in standard liability insurance manuals, which most nearly
reflect the operations of the vendor.
All insurance policies required above shall be issued by companies
authorized to do business under the laws of the State of Florida, with
the following qualifications:
The company must be rated no less than 118" as to
management, and no less than "Class V" as to financial
strength, by the latest edition of Best's. Insurance
.Guide, published by A.M. Best Company, Oldwick, New
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Od- 913
METROPOLITAN DADEC TY �NO. 0628-.2102-OTR-CW/SW
Jersey, or its equivalent, subject to the approval of the
County Risk Management Division.
or
The -company must hold a valid Florida Certificate of.
Authority as shown in the latest "List of All Insurance
Companies Authorized' or Approved to Do Business in
Florida", issued.by the State of Florida Department -of
Insurance and.are-members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall
be -made without thirty (30) days written advance notice to the
certificate holder.
NOTE: DADE COUNTY BID NUMBER. AND TITLE OF BID MUST APPEAR ON EACH
:CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the vendor
of his liability and obligation under this section or under any other
section of, this Agreement.
Issuance of a purchase order is contingent upon the receipt of the
` insurance documents within fifteen (15) calendar days after Board of
County Commission approval. If the insurance certificate is received
within the specified time frame but not in the manner prescribed in
this .Invitation To Bid, the Bidder shall be verbally notified of such
.deficiency and shall have an additional five (5) calendar days to
submit a corrected certificate to the County. If the.Bidder fails to
submit the required insurance documents in the manner prescribed in.
this Invitation To Bid within twenty (20) calendar days. after Board of
County Commission. approval,_ the Bidder shall be in default of_ the
contractual .terms and conditions and shall not be awarded the contract.
Under such circumstances, the Bidder may be prohibited from submitting
future Proposal to the County in accordance with.Section 1.0, para 1.6
of the General Terms and Conditions.
The Bidder shall be responsible for assuring that the insurance
certificates required in conjunction with. this Section remain in force
for the duration of the contractual period; including any and all
option years that may be granted to the Bidder in` accordance with
Section 2.5 of the Special Conditions. If insurance certificates are
scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to the
County at a 'minimum of thirty. (30) calendar days in advance of such
expiration., In the event that expired certificates are not replaced
with new or renewed certificates which cover the contractual -period,
the County shall suspend, the contract until such time, as the new or
renewed certificates are received by the County in the manner
prescribed• in the Invitation To Bid; provided, however, that this
suspended period does not exceed thirty (30) calendar days. If such
suspension exceeds thirty° (30) calendar days, the County may, at its
sole discretion, terminate this contract for cause and seek
re -procurement charges from the Bidder in conjunction with Section
1.10, of the General Terms -and Conditions.
Page. 5
�r 913.
METROPOLITAN DADE CC*Y
2.12 Intentionally Omitted
2.13 Intentionally Omitted
2.14 Intentionally Omitted
Boo. 0628-2/02-OTR-CW/SW
2.15 METHOD OF PAYMENT: PERIODIC PAYMENTS FOR SERVICE RENDERED
The County shall provide periodic payments for services rendered by the
successful bidder. In order for the County to provide payment, the
bidder shall submit a fully documented invoice which identifies the
appropriate purchase order number, the service location, and itemizes
the services provided to the County using department(s). The invoice
shall be submitted to the County department within thirty (30) calendar
days after the service have been rendered. It shall be understood that
such invoices shall not be submitted for payment until such time as the
service has been completed and a County representative has reviewed and
approved the service.
2.16 Intentionally Omitted
2.17 DELIVERY REQUIREMENTS
It is the intention of the Value Adjustment Board/Code Enforcement and
other County departments to secure the services specified herein..from a
source(s) that has the capacity to accommodate the needs of the County
and will provide prompt and dependable levels of service. Any failure
by the supplier of these services to comply with the conditions of.:;this
bid may be cause for termination, obtain the services of another
vendor, and charge the bidder for these costs either through a
deduction from the final payment owned to the Bidder or through
invoicing. (See Section 2.0 para. 2.23 "Deficiencies in Work to be
Corrected by the Bidder".) The average time for delivery of accurate
transcript(s) of VAB/Code Enforcement is ten (10) to fourteen (14) days
maximum. Overnight and/or daily service requested on an as needed,
when needed basis will be provided as per the conditions of this bid.
Accurate transcripts are defined as those with not more than one (1)
error per ten (10) pages. Errors on proper nouns shall not be
accepted.
2.18 Intentionally Omitted
2.19 Intentionally Omitted
2.20 CONTACT PERSONS:
For any additional information regarding the specifications and
requiremiats of this contract, Contact: Diane LeRay, CPPB at (305)
375-5330.
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
Page 6
�O`" 913
METROPOLITAN DADE C�TY �NO. 0628-2/02-OTR-CW/SW
and all items specified herein from the successful bidder(s) at the
contract prices) 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, determineshipping terms andissue
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 "f0B 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 1EPORT
Pending approval of a Surcharge Ordinance by the Miami -Dade Board of
County Commissioners, please be 'advised that this contract will be
subject to a user surcharge fee in the amount of 2% on all sales under
this contract or. any. contract resulting from this solicitation,
including, but .not limited to, all Municipalities the commodities
and/or services awarded as a result of this contract, and utilize the
County contract price and the terms and conditions identified herein.
After receipt of payment from such purchases, all applicable surcharge
fees shall become payable to: Board of County Commissioners..
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 summaryreports '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 rep rocurement 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.
Page 7
0- u13
METROPOLITAN DADE Cj&TY NO. 0628-2/02-OTR-CW/SW
MIAMI-DADE COUNTY
General Services Administration/Procurement Management Division
111 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, 4, and sign form.
2) Total payment due this Quarter and balance due from previous quarters.
3) Enter amount of total amount paid with this summary.
4) Make check payable to Board of Counly Commissioners.
5) Attach check to report form and remit to:
GSA/Accounts Receivable
111 NW 1st Street
Suite 2410
Miami, FL 33128
NOTE: Quarterly report must be submitted to GSA/Accounts Receivable, no later
that 15 days after the end of each quarter, regardless of the value of`;.sales
during the preceding quarter.'`
Start of Quarter
1st Quarter - January 1 - March 31
2nd Quarter - April 1 - June 30
3rd Quarter - July 1 - September 30
4th Quarter - October 1 - December 31
Report/Check (If Applicable) Due
April 15
July 15
October 15
January 15 j
MIAMI-DADE CDUNTY
General Services Administration/Accounts Receivable
111 NW 1st Street
Suite 2410
Miami, Florida 33128
(305) 375-4143
Page 8
METROPOLITAN DADE jrTY NO.-0628=2/02-OT.R-CW/SW
QUARTERLY SURCHARGE PAYMENT REPORT
SECTION 1 - Vendor/Contract Information: Date Submitted._/ /
Vendor Name FEIN #
Address
City State Zip Code
Contact
Person Phone#
FAX# E -Mail
Contract# Tile
Applicable Surcharge: 2Z
SECTION 2 - Applicable Reporting Period: (Check One)
Jan. 1 - March, 31 -July 1 - Sept. 30
April 1 - June 30 Oct. I - Dec. 31
SECTION 3 - Summary:
1) Total Sales for Contract this Quarter $
2) Total Payment Received this -,Quarter $
3),2Z of Sales,oved to County for thi's Quarter., $
4') Payment to County for Past Quarters) $
5) Balance Still Due for Payments Not Received $
DUE WITH SUMMARY (TOTAL LINES 3 AND 4).
Page 9
METROPOLITAN DADE Cow BIO. 0628-2/02-OTR-CW/SW
Use Additional Sheets if Needed
SECTION 4 - Sales From All Users Accessing this Contract During Period:
(1)
Entity
Name/Total
Sales During
period
(2)
Payment
Received
From Entity
(3)
Payment due to
Dade County
for this quarter
(2% of Sales)
(4)
Payment to
Dade County
for Past
Quarter(s)
(5)
Balance Still
Due to County
for Payment
Not Received
Amount Enclosed For
This Quarter
(3)
$
Amount Enclosed For Previous_Quarters (4) $
TOTAL ENCLOSED (line 3 and 4) $
By submission of this Quarterly Surcharge Payment Report and corresponding surcharge
fees, I - certify the correctness of the
information. I understand that all reports and fees may be subject to an audit by
Miami -Dade County or designee.
Authorized Signature Title/Position field Date
Page 10
00- 913
METROPOLITAN DADE TY ® NO. 0628-2/02-OTR-CW/SW
IMiPORTANT NOTICE TO VENDORS
This bid contains contractual language
which allows municipal, and quasi -
governmental entities to access the
terms and conditions of the contract.
After award the 'following entities will receive copies of aur contract Award
Sheet. Please feel free to contact
the Purchasing Agents listed below to
promote the usage.of the commodities or services that you.were awarded.
-1998 COUNI7-WIDE KEY
CONTACT LIST
TOWN OF BAY HARBOR ISLANDS
CITY OF NORTH MIAMI BEACH
ATTN: Joseph Fox
Att: Lynn Gribble.
Sup: Public Works
Purchasing Agent
9665 Bay Harbor Terrace
17011 N.E. 19th Avenue
Bay Habor Islands, FL 33154
North Miami.Beach, Florida 33162
CITY OF CORAL GABLES
TOWN OF SURFSIDE
Att: Wayne Moody, Sr. Buyer
Att: Jeffrey I. Naftal,Town Clerk
340 San Lorenzo Avenue
9293 Harding Avenue
,Coral Gables, Florida. 331,46
Surfside, Florida 33154'
CITY OF HIALEAH'
CITY OF BOYNTON BEACH
Att: Manuel Rodriguez
...Att Lana Koester, Purchasing Agent
501 Palm Avenue Room 304
P.O. Box 310
Hialeah, Florida 33011
Boynton.Beach, Florida 33425-0.310
CITY OF HOMESTEAD
VILLAGE OF KEY BISCAYNE
Att: Michael A. Rath,
Att: Jack Neustadt, Finance Director
Purchasing Direc
85 W. McIntry Street
790 Homestead Boulevard
Key -Biscayne, -FL 33149
Homestead, Florida 33030-6299
CITY OF MIAMI BEACH VILLAGE OF VIRGINIA GARDENS
Att:' Judith M. Ford, Att: Paul Bithorn,.Mayor
Procurement Director ;..6498 N.W. 38th Terrace
1700 Convention Center Drive .Virginia Gardens, FL 33166
Miami Beach, Florida 33139
THE CITY OF MIAMI.
Att: Judy S. Carter, Director
400 S.W. 2nd Avenue
Miami, FL 33130
CITY OF NORTH MIAMI
Att Pam Thompson, Director
P.O. Box 610847
North Miami, Florida 33261-0847
UNIVERSITY OF MIAMI
Att: Purchasing Department.
Director of University Purchasing,
_ P.O. Box 248184
Coral Gables, FL 33124
INDIAN CREEK VILLAGE
ATT: Melissa Garcia
9080 Bay Drive
Indian Creek, FL 33154
Page '11.
� - 913
METROPOLITAN DADE COPY
CITY OF AVENTURA
ATT: Glen Marcos, Director
2999 NE 191st Street
Aventura, FL 33187
CITY OF NORTH BAY
VILLAGE -POLICE DEPT.
Att: F.B. Dunphy, Chief of Police
7903 East Drive
North Bay Village, FL 33141
MIAMI DADE COMMUNITY COLLEGE
Att: Linda Pagliaro
Director of Purchasing
11011 S.W. 104th Street
Miami, FL 33176
CITY OF OPA-LOCKA
Att: Rona M. Sandler,
Purchasing Director
12950 Lejune Rd
Opa-Locka, FL 33054
CITY OF OAKLAND PARK
Att: Larry Fagen, Purchasing Agent
3650 N.E. 12th Avenue
Oakland Park, FL 33334
BAL HARBOUR VILLAGE
Att: Kim Prior, Purchasing Agent
655 96th Street
Bal Harbour, Florida 33154
BROWARD COMMUNITY COLLEGE
Att: Janet Rickenbacker,
Purchasing Director
225 E. Las Olas Blvd.
Ft. Lauderdale, FL 33301
BROWARD COUNTY
Att: Glenn R. Cbmmings,
Purchasing Director
115 So. Andrews Ave. Room 212
Ft. Lauderdale, FL 33301
80NO. 0628-2/02-ora-CW/SW
CITY OF HALLANDALE
Att: E. Dent McGough, Director
Central Services Department
400 S. Federal Highway
Hallandale, Florida 33009
MIAMI SHORES VILLAGE
ATT: John Rumble/Scott Davis
Purchasing Department
1701 N.W. 103 Street
Miami Shores, FL 33147
CITY OF DEERFIELD BEACH
Att: Donna M. Council,
Purchasing Agent
210 Goolsby Blvd.
Deerfield, Florida 33442
DADE COUNTY PUBLIC SCHOOLS
Att: Joe Gomez, Director
Division of Procurement Management
1450 N.E. 2nd Avenue
Miami, Florida 33432
LEE COUNTY BOARD OF C.0
DIVISION OF PURCHASING
Att: Janet Sheenan, CPPB
P.O. Box 398
Ft. Myers, Florida 33917
CITY OF HOLLYWOOD
Att: John L. Weyrauch
P.O. Box 229045
Hollywood, Florida 33022-9045
CITY OF MARGATE
Att: Patricia Greenstein,
Purchasing Agent
5790 Margate Blvd.
Margate, FL 33063
CITY OF SOUTH MIAMI
Att: Kathy Vazquez,
Purchasing Director
6130 Sunset Drive
South Miami, FL 33143
Page 12 00- 9-013
METROPOLITAN DADE *TY
0 NO. 0628-2/02-OTR-CW/SW
DEPARTMENT OF OFF STREET,PARKING
JACKSON MEMORIAL HOSPITAL
Purchasing Office
Purchasing Office
Att: Valerie Harrelson
Att: Tom Przybyski, Director
1611 N.W. 12th Ave.
1611 N.W. 12th Ave.
Miami, FL 33136
Miami, FL 33136 .
SOUTH FL. WATER MANAGEMENT DISTRICT
CITY OF WEST PALM BEACH
Att: Jose' Angueira, Director
ATT:..Purchasing Manager.
Procurement & Contract Admin.
1045 Charlotte Ave.
3301 Gun Club Road
-West`Palm Beach, FL 33401
West Palm Beach, FL 33406
STATE OF FLORIDA DADE COUNTY
City of Pembroke Pines
DEPARTMENT OF HEALTH
Att: David E. Fitzgerald, Buyer
ATTN: David E. Young,
P.O. Box 9000
Purchasing Agent I
Pembroke Pines, FL.33084
1350 N.W. 14th Street,
Bldg. 1, Room 202
Miami, FL 33125
BROWARD COUNTY SHERIFF'S OFFICE
TRI -COUNTY RAIL AUTHORITY
Att: Leslie A. Dell
Purchasing Department
2601 W. Broward Boulevard
Jane Davis -Ember
Fort Lauderdale, FL 33312
305 South Andrews Avenue - -
Fort Lauderdale, FL. 33301
CITY OF FLORIDA CITY
TOWN OF DAVIE
ATTN:, Purchasing Director :
ATT: Herb Hyman,
404 W. Palm Drive
Procurement Manager
Florida City, FL 33034
6591.Orange Drive
Davie, FL 33314. -
TOWN OF GOLDEN BEACH
CITY OF SUNRISE
ATTN: Robert Johnston,
ATT: Marsha Peterson
Interim Town Mgr.
10770 W: Oakland Park Blvd.
1 Golden Beach,Drive
Sunrise, FL 33351.
Golden Beach, FL 33160
DORIS ISON SOUTH DADE COMMUNITY
CITY OF RIVIERA BEACH
HEALTY CENTER
ATT: Veronique Rellford,
ATT: Ivory L. Willi ams,' Pro'.. Spec.
Purchasi ng ' Di rector
10300 S.W. 216th Street
2391 Ave. "L"
_= Miami, FL 3319-0
_ Riviera Beach, FL,33404
CITY OF WEST MIAMI
PALM BEACH COUNTY SHERIFF'S OFFICE
ATTN: Yolanda Aguilar, City Manager
ATT: Lisette Alfonso,
901 S.W. 62nd Avenue
Purchasing Manager
West Miami, FL 33144
415 Gator Or
lantana, F1 33462
Page
13
METROPOLITAN DADE COPY
CITY OF BOCA RATON
ATT: Carol Thomas,
Purchasing Manager
201 W Palmetto Park Rd
Boca Raton, FL 33432
CITY OF MIAMI SPRINGS
ATT: John M. Benson
Purchasing Director
201 Westward Drive
Miami Springs, FL 33166
BONO. 0628-2/02-OTR-CW/SW
CITY OF POMPANO BEACH
ATT: Ernie Siegrist,
General Servs. Director
P.O. Drawer 1300
Pompano Beach, FL 33061
1998 STATE-WIDE KEY CONTACT LIST
BROWARD COMMUNITY COLLEGE
Att: Janet Rickenbacker,
Purchasing Director
225 E. Las Olas Blvd.
Ft. Lauderdale, FL 33301
BROWARD COUNTY
Att: Glenn R. Cummings,
Purchasing Director
115 So. Andrews Ave. Room 212
Ft. Lauderdale, FL.33301
CITRUS COUNTY SCHOOL BOARD
Att: William Humbaugh
Director of Management Operations
1007 West Main Street
Inverness, FL 34450
CHARLOTTE COUNTY BD. OF COUNTY
Att: Kimberly Churchwell,
Purchasing Director
18500 Murdock Circle
Port Charlotte, FL 33948-1094
CITY OF BRADENTON
Att: ED J. Hargaden,
Purchasing Director
1300 6th Street West
Bradenton, FL :44205
CITY OF DUNEDIN
Att: Jeff Thomas,
Purchasing Manager
750 Milwaukee Avenue
Dunedin, FL 34698
CITY OF FORT PIERCE
Att: Tony Barnes,
Purchasing Director
P.O. Box 1480
Fort Pierce, FL 34954-1480
CITY OF FORT WALTON BEACH
Att: Byron Armstrong,
Purchasing Director
P.O. Box 4009
Fort Walton Beach, FL 3254
CITY OF GREENACRES
Att: David Miles,
Purchasing Director
5958 Tenth Avenue Nor
Greenacres, FL 33463 -
CITY OF LEESBURG
Att: John Spence,
Purchasing Director
P.O. Box 490630
Leesburg, FL 34749-0
CITY OF JACKSONVILLE
Att: Jacquie Gibbs,
Chief Procurement & Supply
220 East Bay Street 3
Jacksonville, FL 322
CITY OF LAKELAND
Att: Pat. Williams,
Purchasing Director.
1140 E. Parker Street
Lakeland, FL 33801
Page 14
O®_ 913
METROPOLITAN DADE &TY � NO. 0628-2/02-OTR.-;CW/SW
CITY OF EUSTIC
CITY OF LONGWOOD
Att: Norman Showley,
Ati: Rhonda Ledford,
Director of General Svcs.
Purchasing Director
P.O. Drawer.68
175 W. Warren Avenue
Eustis, FL 32727-0068
Lakeland, FL 32750-4197
CITY OF FT. MYERS
CITY OF MELBOURNE
Att: Robert George,
Att: David McCue,
Purchasing Director
Purchasing Manager
P.O. Box 2443 =`
900 E. Strawbridge Av
Ft. Myers, FL 33902-2443
Melbourne, FL 32900
CITY OF PORT ST. LUCIE CLAY COUNTY SCHOOL BOARD
ATT: David Pollard, ATT: Ann Martin, Purchasing Director
Purchasing Director 900 Walnut Street
121 S.W. Port St. Lucie Blvd. Green Cove, FL 32043
Port St. Lucie, -FL 34984
CITY OF PANAMA CITY COLLIER COUNTY PURCHASING
ATT: Veryl J. McIntyre, ATT: Steve Carnell, Purchasing Director
General Servs. Director 3301 E. Tamiami Trail
519 East 7th Street Naples, FL 34112
Panama City, FL 32401
CITY OF POMPANO BEACH
ATT: Ernie Siegrist,
General Servs. Director
P.O. Drawer 1300
Pompano Beach, FL 33061
CITY OF RIVIERA BEACH
ATT: Veronique Rell,ford,
Purchasing Director
2391 Avenue "L"
Riviera Beach, FL 33404
CITY OF ST. AUGUSTINE
ATT: M.D. Strickland
Drawer 219
St. Augustine, FL 33061
CITY OF ST. PETERSBURG
ATT: Louis Moore,
Purchasing Director
P.O..Box 2842 .
St. Petersburg, FL 33731
COLLIER COUNTY SCHOOL BOARD
ATT: Nancy Goodwin-Sirko,
Purchasing Director
3710 Estey Avenue
Naples, FL 33942
COLUMBIA COUNTY SCHOOL BOARD
ATT: R.M. "Mike" Null, Purchasing Director
528 W. Duval St.
Lake -City, FL 32055
DEPARTMENT OF CORRECTIONS -REGION
ATT: Patti Casey, Purchasing Director P.0
P.O. Box 147007.
Gainsville, FL 32614
EMBRY RIDDLE AERO. UNIVERSITY
ATT: Kathy Welch, Purchasing Director,_
600. S. Clyde Morris Blvd.
Daytona Beach, FL 32174-3900
Page 15
p6 913,
METROPOLITAN DADE CLOY
CITY OF TAMPA
ATT: Joan McConnell,
Purchasing Director
306 E. Jackson St., 2nd Flr. East
Tampa, . FL 33602.
CITY OF VENICE
ATT: John Enlow,
Purchasing Director
401 West Venice Avenue
Venice, FL 34285
CITY OF WINTER SPRINGS,
ATT: JP Petrencsik,
Purchasing Director
1126 E. SR. 434
Winter Springs, FL 32708-2799
LEE COUNTY SCHOOL DISTRICT
Att: Michael Bowen,
Purchasing Director
2523 Market Street
Ft. Myers, Florida 33901-3901
LEE COUNTY SHERIFF'S OFFICE
Att: Robert Anderson,
Purchasing Director
14750 Six Mile Cypress.Pkwy.
Fort Myers, Florida 33912
LEON COUNTY SCHOOL BOARD
Att: Byron Williams,
Purchasing Director
2757 West Pensacola Street
Tallahassee, Florida 32303
MANATEE COUNTY
Att: Rob Cuthbert,
Purchasing Director
1112 Manatee Ave., West,
Suite 803
Bradenton, FL —42405
OKALOOSA COUNTY BOCC
Att: James "Pete" Sumblin,
Purchasing Director
602-C N. Pearl Street
Crestview, FL 32536
BIRO. 0628-2/02-OTR-CW/SW
HILLSBOROUGH COUNTY PURCHASING"
ATT: Theodore Grable, Purchasing Director
601 E. Kenndey Blvd. County Center
Tampa, FL 33602
HRS -DISTRICT 14 STATE OF FLORIDA
ATT: Glenda "Dianne" Forgey
Purchasing Director
P.O. Box 605
Polk City, FL 33868
INDIAN RIVER SCHOOL DISTRICT
ATT: Rick Chuma, Purchasing Director
1990 25th Street
Vero Beach, FL 32960
PINELLAS COUNTY SCHOOL BOARD
Att: Mark Lindemann,
Purchasing Director
301 4th Street S.W.
Largo, FL 33770
a
POLK COUNTY SCHOOL
Att: Gerald Wilson,
Purchasing Director
2470 Clower Lane
Bartow, FL 33831-9005
PUTNAN COUNTY
Att: Willian Phillips,
Purchasing Director
P.O. Box 1647
Palatka, FL 32177
PUTNAN COUNTY SCHOOL BOARD
Att: Allen Parker,
Purchasing Director
1207 Washington Street
Palatka, FL 32177
SCHOOL BOARD OF SARASOTA COUNTY
Att: Pat Black,
Purchasing Director
101 Old Venice Rd.
Osprey, FL 34229
Page 16
� '`913.
METROPOLITAN DADE TY
OSCEOLA SCHOOL DISTRICT
Att: Donald Mi,ller,.
Purchasing Director
817 Bill Beck Blvd.
Kissimmee, FL 34744
PASCO COUNTY, BCC
Att: Frank Fortino.,
Purchasing Director
8919 Government Drive
New Port, FL 34654
VOLUSIA COUNTY SCHOOL BOARD
Att: Tom Simms,
Purchase Director
P.O. Box 2118
Deland, FL 32721
CITY OF OCALA
ATT: James Crosby,
Purchasing Director
P.O. Box 1270
Ocala, FL 34478
0 NO. 0628-2/02-OTR-CW/SW
ST. JOHNS COUNTY SCHOOL BOARD''
Att: Don Hurd,
Purchasing Director
299 SCHOOL HOUSE RD.
St. Augustine, FL 32095
TAMPA SPORTS AUTHORITY
Att: Joseph Haugabrook,
Purchasing Director
4201 N. Dale Marby'HWY:
Tampa, FL 33607
VOLUSIA COUNTY
Att: Kenneth Haysl"ette,
Purchase'Director
123 W. Indiana .Ave., 3rd Floor
Deland; FL. 32720-4608
2.22 AVAILABILITY OF CONTRACT TO OTHER COUNTY DEPARTMENTS
Although this Solicitation is specific to a County Department; it is:
her agreed and understood that any County department or agency 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. Under these circumstances, a separate purchase'
order shall be issued by the County which identifies the requirements
of the additional County department(s) or agency(ies)..
2.23. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER
The successful Bidder shall promptly correct all deficiencies in the
services.that fails to conform to the .Contract Documents. 'All cor-
rections. shall be made within three (3) calendar days after such
rejected defects,. deficiencies, and/or non -conformances are verbally
reported to the Bidder by the County's Project Administrator, excluding..
late arrivals (See Section 2.0 para. 2.10 "Liquidated Damages").- The
Bidder shall bear all costs of correcting such rejected work. If the
Bidder fails to correct the work within 'the period specified, the
County mey, at its discretion, notify the Bidder, inwriting, that the
Bidder is subject to contractual default provisions if the corrections
are not completed to the satisfaction of the County within five (5)
calendar days of receipt 'of -the notice. If the Bidder fails to correct-"
the work within the period specified in the notice, te County may
terminate 'the contract upon written notice, obtain. the services of
another vendor to correct the deficiencies, and charge the Bidder.for.
Page 17'
00 - 91.3
METROPOLITAN DADE CTY
BV N0. 0628-2/02-OTR-CW/SW
these costs; either through a deduction from the outstanding invoices
owed to the Bidder or through invoicing.
2.24 HOURLY RATE:
The hourly rate quoted in the session rates, shall include full
compensation for labor, equipment use, travel time, and any other cost
to the bidder. This rate is assumed to be at straight -time for all
labor, except as otherwise noted. The bidder shall comply with minimum
wage standards and any other applicable laws of the State of Florida.
If overtime is allowable under this Bid, it will be covered under a
separate item in the special clauses.
2.25 LICENSES FOR TRADES:
In accordance with the provisions of Metropolitan Dade County's Char-
ter, professional contractors performing services in/or for Metro Dade
County must show that they have been duly licensed for Court Reporting
Services, prior to being awarded a contract by the County.
2.26 LOCAL OFFICE SHALL BE AVAILABLE
The Bidder shall maintain an office within the geographic boundaries of
Dade or Broward Counties, Florida. This office shall be staffed by a
competent company representative who can be contacted during normal
working hours and who is authorized to discuss matters pertaining to
the contract.
2.27 PRIMARY VENDOR DESIGNATION
While the method of award identified in Section 2.6 of the Special
Terms and Conditions prescribes the method for determining the lowest
responsive, responsible bidder, the County reserves the right to award
this contract to the designated lower: bidder as the primary vendor, to
award this contract to the designated second lowest bidder as the
secondary vendor and third lowest bidder as the tierciary vendor. If
the County exercises this right, the primary vendor shall be given the
first opportunity to perform the service or deliver the goods
identified in this contract. If :he primary vendor declines this
opportunity, the County shall seek the identified goods or services
from the secondary vendor. If the secondary vendor declines, then the
tierciary vendor (if applicable) will be contacted. It should be noted
that price adjustments, if allowed under the terms and conditions of
this bid, may affect the order of designation.
2.28 WORK ACCEPTANCE:
These serwices will be inspected 6y an authorized representative of the
County. This inspection shall be performed to determine including but
not limited to acceptance of work and appropriate invoicing.
Page 18 00— 913
METROPOLITAN DADE CO Y .81 0. 0628-2/02-OTR-CW/SW
2.29 PAST PERFORMANCE
2.30
2.31
Bidders are advised that the -County intends to research the bidders
performance with the identified customer contacts as -part of the
pre_ qualification phase of the award (See Section 2.0 para. 2.6). The
County will focus on relevant and recent performance as it relates to
all performance aspects'. including the completion of projects within
budget, schedule, cost, management and • quality of the work.
Significant achievements, problems or lack of relevant and recent data
will be important consideration in the evaluation process. The Bidder
shall submit with the proposal, a list of at least five (5) references
during the past two (2) years who have utilized its services. The
following information must be included:
Name; title, te'lephone.number and address of responsible person who
may be,contacted.
Date and volume of service provided to above party.
Duration of reporting service to reference.
The County has the right to inquire.and get additional information to
use in evaluation of the Bidder.
NON-COMPLIANCE
This clause is established to reiterate the importance of
noncompliance. Bidders shall be considered in noncompliance of this
contract if bidder, or any reporter associated with Bidder, fails to
provide accurate transcripts in the time frame set forth in Section':2.0
para. 2.17.; fails to provide court reporters at all assigned locations
in a timely manner or fails to fully comply with provi si ons of this
contract. As per Section 2.0 para, 2.10, "Liquidated Damages", late
arrivals shall be charged.. Appearance in a timely manner -is defined as
a court reporter(s) being present, able and ready for work to the
specified location(s). Furthermore,, for the purposes of this clause,
accurate. transcripts are defined as those with not more than one error
per ten (10) pages. In addition, errors on 'proper nouns shall not
acceptable. As .per Section 2:O para. 2.23 "Deficiencies in Work to be
Corrected by the Bidder",, time frames are set forth and should be
adhered to.
LABOR, MATERIALS, AND EQUIPMENT SHALL BE -SUPPLIED BY THE BIDDER
Unless otherwise provided in, Section 3 of this Solicitation entitled
"Technical Specifications", the Bidder shall furnish all labor, materi-
al and equipment necessary for satisfactory•contract.performance. When
not specifically identified in the technical specifications, such ma-
terials and equipment shall be of a suitable type and grade for the
purpose. All material, workmanship, and equipment shall be subject to
the inspection and approval of the County's Project Manager.
METROPOLITAN DAD COPY
BILI ND. 0628-2/02-OTR-CW/SW
SECTION 3.0 TECHNICAL SPECIFICATIONS
3.1 SCOPE: Court Reporting Services
Bidders are required to furnish adequate staffing of qualified (as
specified in these specifications) court reporters. Court Reporting
services shall be provided for VAB/CEU on an as required basis on an
approximately (5) days per week basis with one or more hearings being
held at the same time at various locations within Dade County.
Hearings before the Special Masters are held in various hearing rooms
located on the Terrace Level of the 111 N.W. 1st. Street, Metro Dade
Center; South Dade Government Center, and 10710 S.W. 211th Street.
Code Enforcement hearings are held in various hearing rooms located on
the Terrace Level of the Metro Dade Center Building, 111 N.W. 1st.
Street; or at any other location selected/utilized by VAB/Code
Enforcement.
Court Reporting Services are required for the Board of County
Commission Hearings, Community Zoning Appeals Board and other Board
Meetings as needed. Meetings will be held as per schedule which will
be provided and/or as needed with a 24 hour notice from the Department
of Planning, Development and Regulation. Court Reporting for the above
mentioned Board Meeting will be held at 111 N.W. 1st Street and other
locations throughout Dade County, as designated by the department.
3.2 SPECIFIC SERVICES REQUIRED
The services to be performed under this contract shall include
attendance at the hearings on days as required and requested by"the
Deputy of the value Adjustment Board/Code Enforcement and the recording
of all testimony stenographically or by mechanical means. No
transcripts of testimony will be made except upon specific request by
the Value Adjustment Board/Code Enforcement Board or by the Property
Appraisal Department of the County Attorney. When such transcriptions
are requested, charges(s) for this service will be at the rate(s) per
page as established in the bidder's Bid Proposal. Testimony will be
recorded pursuant to the standard regulations governing shorthand court
reporting in Chapter 457. Florida Statutes, 1965 as amended from time
to time.
3.3 SECTION II "TRANSCRIPT COST"
"Transcript Cost" as mentioned in Section 4.0, Bid Proposal requires
all transcripts to contain a minimum of an original page and one copy.
Distribution will be as noted.
1. Court Reporting Service shall be responsible for maintaining Court
Reporter's notes, clearly marked and boxed in chronological
sequence by hearing dates in boxes supplied by the County.
2. Copy page to VAB/Code Enforcement.
3. Transcripts for Board of County Commission Hearings, Community
Page 20
00" 9113
METROPOLITAN DADE CIWYI ONO."0628-2/02-OTR-CW/SW
Zoning Appeals Board to be furnished, when and if, requested.. In
addition, a 107day turn around is required.
All copies are to be -certified as required by Chapter 194 of the
Florida Statutes.
3.4 COURT REPORTER NOTES
All Court Reporter's notes shall" be. picked up by VAB7Code Enforcement
following the conclusion of the appeal period; and maintained by the
County for a period of -four years.
-1. Court Reporting Service shall be responsible for maintaining Court
Reporter's notes, clearly marked and boxed in. chronological
sequence by hearing.dates in boxes supplied by the County.
2. Coordinated ' efforts to .retire Court Reporter's notes will be
accomplished by VAB/Cade Enforcement.
3. It shall be the responsibility of the Bidder, to receive the
recording of all testimony from the court reporter and 'to retain',
such records, stenographic notes, etc. in their possession for the
duration of the contract.
3.5 RESPONSE TIME
Court Reporters are.required'to respond to call,with in a twenty-four
,(24) hour time frame or -shall be subject to Liquidated Damages as,
out lined in Section 2.0 para. 2.10 "Liquidated Damages".
3.6 HOURS OF OPERATION
Bidders awarded this contract must be able to perform Morning Sessions
MOO a.m. - 1:00 p.m.), Afternoon Sessions (1:00 p.m. to 5:00 p.m.) .
and Evening sessions (after 5:00 p.m. - 10:00 p.m.) and be able to
provide Court Reporting Services in multiple locations at the same,,
time. In.some cases, court reporters are required .from (2) two to four
(4) hours per day.
3.7 TRANSCRIPTIONS
When requested by the departments, transcriptions shall be` required.
Transcriptions are defined as tapes without the utilization of a court
reporter which requires duplication of the original tapes that recorded
the proceedings, whether meetings, depositions, given to the.Bidder to
produce a typewritten document (transcript)' for later, use. Regular
delivery for a transcription is 7 - 10 days. 'Overnight/and.'or daily
service is on an as needed when needed basis. In the case of inaudible
words, "th'intelligible" should be indicated. However, bidders are
still requested to adhere to the definition of accurate transcripts
(See Section 2.0 para. 2.17 & 2.30)":
Page 21
13
METROPOLITAN DADE C4Y
"gyp'rk � C)"T'S
i
URI
1i hex
y r at ' •nt `r1i 1.
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� l r�l� l
8100. 0628-2/02-OTR-CW/SW
INVITATION TO BID
SECTION 4.0 BID PROPOSAL FORMS
OPENING: 2:00 P.M. Wednesday
DATE: May 20, 1998
CLERK OF THE BOARD
Metro Dade Center
111 N.W. 1st Street
17th Floor, Suite 202
Miami, Florida 33128
PLEASE QUOTE PRICES LESS TAXES, F.O.B. DESTINATION, DELIVERED IN DADE COUNTY, FLORIDA
NOTE: Dade County is Exempt From All Taxes (Federal, State, Local). Bid Price Should Be
Less All Taxes. Tax Exemption Certificate Will Be Furnished By The County On Request
Issued By: Date Issued: 04/07/98 This Bid Proposal Consists
GSA/Procurement Management Division Dade County Florida. of Pages 22 thru 27
Sealed bids, subject to the Terms and Conditions of this Invitation to Bid and the
accompanying Bid Proposal, such other contract provisions, specifications, drawings or
other data as are attached or incorporated by reference in the Bid Proposal will be
received at the office of the Clerk of the Board at the address shown above on behalf of the
Dade County Board of County Commissioners until the above stated time and date, and at that
time publicly opened for furnishing the supplies or services described in the
accompanying Bid Proposal Requirement.
COURT REPORTING SERVICES FOR METROPOLITAN DADE COUNTY
CLERK OF COURTS FOR A TWO (2) YEAR PERIOD
WITH COUNTY OPTION TO RENEW FOR TWO (2) ADDITIONAL YEARS
A Bid Deposit in the amount of N/A of the total amount of the bid shall accompany all
bids.
A Performance Bond in the amount of N/A of the total amount of the bid will be
required upon execution of the Contract by the successful bidder and Dade County.
DO NOT WRITE IN THIS SPACE
ACCEPTED
NON-RESPONSIVE
-DATE B.C.C.
ITEM NOS. ACCEPTED
COMMODITY CODE: 961-24
REJECTED _
NO BID
SPECIALIST: DIANE LERAY,CPPB/sc
FIRM NAME
STREET ADDRESS
CITY
STATE b ZIP CODE
TELEPHONE NUMBER
AUTHORIZED AGENT
TITLE OF OFFICER
Page 22
00- 3.3
METROPOLITAN DADE ATY B'ti? NO: 0628-2/02-OTR-CW/SW
810 PROPOSAL F0"R
COURT REPORTING SERVICES
FIRM NAME:
Item— De scri pti an �—�--�--~~ Unit Price
GROUP I
Court Reporting Services per',Bid Provisions and Specifications as follows:
ATTENDANCE COST AT HEARINGS
1. Morning Sessions (8:00 a.m - 1:00 p -m.) ...$ /session.
2. Afternoon Sessions.(1:00 p.m'- 5:00 p. m. /session.
3. Evening Sessions (5:00,p.m. 10:00 p.m. ).......$ /session..
Total Items 1 thru 3 $_
OPTIONS
1. Three (3) hours or less ........... ..... ......$ /session..
2. Three (3) hours or more (not to exceed 5 h'aurs)'.$ /session.
3. Hours after 10:00 p -m.... ..........$ /hour
TRANSCRIPT COST:
1. Cost per original page and one copy.... .......... .$
2. Cost for Transcriptions.... ..................... ........$ /per page.
TRANSCRIPT COST - OVERNIGHT and/or Daily SERVICE:
1. Cost per original page........... .$ Per Page
2. Cost per original page and one copy ........ $ '
3. Cost for Transcriptions ..................... $ /Per. Page
State number of reporters employed or otherwise available:
Reporters employed or available.
Additional Reporters available.
We have been established in.the Court Reporting Services business in Dade County.
Florida area for a period of ,i, Years.
Page 23 _ �;
METROPOLITAN DADE COY BPNO. 0628-2/02-OTR-CW/SW
BID PROPOSAL FOR:
COURT REPORTING SERVICES
FIRM NAME:
��--- ------------------
Item Description Unit Price
—-----------------
GROUP 2
-----------------
1.
Pal
3.
OPTIONS:
1.
2.
3.
1.
2.
3.
Court Reporting Services for the Board of County Commissioners:
ATTENDANCE COST AT HEARINGS
Morning Sessions (8:00 a.m - 1:00 p.m.) ......... $ /session
Afternoon Sessions (1:00 p.m - 5:00 p.m) ........ $ /session.
Evening Sessions (5:00 p.m. - 10:00 p.m.) ....... $ /session.
Three (3) hours or less ..........................$ /session.
Three (3) hours or more (not to exceed 5 hours)..$ /session.
Hours after 10:00 p.m ............................$ /hour.
TRANSCRIPT COST: (To be furnished when requested)
Cost per original page and one copy ............................$
TRANSCRIPT COST - OVERNIGHT and/or Daily SERVICE:
Cost per original page .....................$ Per Page
Cost per original page and one copy ........ $
State number of reporters employed or otherwise available:
Reporters employed or available.
Additional Reporters available.
We have been established in the Court Reporting Services business in Dade County.
Florida area for a period of Years.
NOTE: BIDDERS THAT SUBMIT A BID PROPOSAL FOR THIS SECTION FOR VERBATIM
COURT REPORTER SERVICES, SHALL HAVE A FULLY STAFFED OFFICE WITH A TWENTY-FOUR (24)
HOUR RESPONSE TIME. FAILURE TO ADHERE TO THE RESPONSE TIME SHALL BE CAUSE FOR
LIQUIDATED DAMAGES AS OUTLINED IN SECTION 2.0 PAR. 2.10.
Page 24 3
METROPOLITAN DADE COIF BI410. 0628-2/02-0TR-CW/SW
BID PROPOSAL FOR:
NOTE: If you do not intend to submit a bid proposal on this commodity or service, please.
rgtdrn this form in the supplied envelope.
We—,. the undersigned, decline to submit a proposal on your Bid No.
tar for the following reasons(s):
O Insufficient time to respond to the Invitation to Bid.
O We do not offer this product or service, remove us from this code onl
O Our schedule would not permit us to perform
(:)
We unable to meet specifications
�) We are unable to meet Insurance/Performance�Bond requirements
(.) Other (specify below)..
Prompt Payment Terms: % days net day
FID NO. of Bidder:. (Bidders Federal Employer Identification Number":as used
on Return Form 941.) If none Bidders Social Security No.
The undersigned Bidder certifies that this Bid Proposal is submitted in accordance with
the Bid Specifications and Conditions governing this Bid, and that the Bidder will-, accept
any awards made to him as.a result of this. bid.
FIRM NAME
STREET ADDRESS
CITY,STATE,b ZIP CODE
TELEPHONE NUMBER FAX NUMBER
AUTHORIZED SIGNATURE
(Signature) (Print Name) (Date)
TITLE OF OFFICER
Mate below mailing address (if other than .above):
'.0. BOX
city state zip code
Page 25
METROPOLITAN DADE COY
BOO. 0628-2/02-OTR-CW/SW
ACKNOWLEDGEMENT OF ADDENDA
TITLE: COURT REPORTING SERVICES
DIRECTIONS: COMPLETE PART I OR PART �II, WHICHEVER APPLIES
-------------
PART I: LIST. BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED
IN CONNECTION WITH THIS BID:
Addendum #
1,
Dated
199
Addendum #
2,
Dated
199
Addendum #
3,
Dated
199
Addendum #
4,
Dated
199
Addendum # 5, Dated
Addendum # 6, Dated
Addendum # 7, Dated
Addendum # 8, Dated
Addendum # 9, Dated
PART II:
199
199
199 y _
, 199
199
NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
;Date ;
FIRM NAME:._.
AUTHORIZED SIGNATURE:
Page 26
METROPOLITAN DADE COI. BI*O. 0628-2/02-OTR-CW/SW.
DISABILITY NONDISCRININATION,AFFIOAVIT
CONTRACT REFERENCE
NAME OF FIRM, CORPORATION, OR ORGANIZATION
AUTHORIZED AGENT COMPLETING AFFIDAVIT
POSITION PHONE NUMBER ( )
I, being duly first sworn, state that the above
name firm, corporation, or organization is in compliance with and agrees to
continue to comply with, and assure that any. subcontractor, or third party
contractor under this project complies with all applicable -requirements of
the laws listed below including, but not limited to, those provisions
pertaining to employment, provision of programs and services, transportation,
communications, access..to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat
327, 42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title
I, Employment; Title II, Public Services; Title III, Public Accommodations
and Services Operated by Private Entities;- Title IV, Telecommunications; and
Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973, 29 U.S.C. Section 794
The Federal Transit Act, as amended 49 U.S.C. Section 1612'
The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631
Signature
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on
Date
by He/She is personally known ,to me or has
(Affiant)
presented as identification.
(Type of Identification)
(Signature_of Notary) (Serial Number)
(Print or Stamp Name of Notary) (Expiration Date)
Notary Public Notary Seal
(State)
Page 27"
A YYL1N U 1N A
METROPOLITAN DADS COUNTY
_FLORIDA
Department of Business and Economic Development
BLACK BUSINESS ENTERPRISE PROGRAM
(ORDINANCE 94-96 - A.O. 3-3)
HISPANIC BUSINESS ENTERPRISE PROGRAM
(ORDINANCE 94-95 - A.O. 3-17)
WOMEN BUSINESS ENTERPRISE PROGRAM
(ORDINANCE 94-94 - A.O. 3-18)
PARTICIPATION PROVISIONS
There are five (5) contract measures: Set -Asides, Subcontractor Goals,
Project Goals, Selection Factors and Bid Preference.
THE CONTRACT MEASURE(S) APPLICABLE
TO THIS PROJECT
Set -Aside
Subcontractor Goals
Project Goals
Bid Preference
Selection Factor
r �.
BBE NBE WBE
I I i I
1 I I 1
I I I I
i XXXX I I I
Department of Business and Economic Development
111 N.W. 1st Street, Suite 1710
Miami, Florida 33128-1975
(305) 375-4132 Fax 375-4232
Revised October- 1994
00- A91.3
Section
L. Appendices
1. Project Worksheet,
2. FOm1s
a. Schedule of Participation
b. Utter of Intent
c. Certificate of Unavailability
d. Set -Aside List of Strbconttactors
e. Monthly Employment Data Report
f. Monthly Utilization Report
g. Bid Preference
h. Significant Utilization
3. Certification List
DBED 101
DBED 102
DBED 103
DBED 104
M-201 .
M200
DBED 105
DBED 106
Ea=
22
2 99- 913
A. DEFINITIONS: The definitions in this section apply only to these Participation Provisions.
hereafter referred to as "Provisions". These Provisions shall apply to every bid, request for
proposals and contract to which a contract measure is applied. The phrase "BBE, and/or
IBE, and/or GIBE, as appropriate," means to apply the contract measures to this contract
as indicated on the cover sheet Only the contract measures and programs indicated on the
cover sheet apply. For example: If the cover sheet indicates a I0'ya subcontractor goal for
BBEs and a 20 % subcontractor goal for WBE's, and no subcontractor goals for HBEs, then
only BBE and RBE subcontractors goals would apply to this bid.
Note: THESE PROVISIONS ARE IN ADDITION TO FEDERAL REQUIREMENTS
GOVERNING DISADVANTAGED BUSINESS ENTERPRISES.
I. "Approval Letter" means a document issued by DBED at the request of a BBE, and/or
HBE, and/or WBE, as appropriate, or bidder that, based on the. written
representations of the BBE, and/or HBE, and/or RBE as appropriate, or bidder,
finds a specified activity or scope of work consistent with normal industry practice.
2. "Available or availability" ins to have, prior to bid submission, the ability to
provide goods or services under a contract, by baving: reasonably estimated,
uncommitted capacity; all necessary licenses, permits, registrations and certifications;
the ability to obtain bonding that is reasonably required consistent with normal
industry practice; and the ability to otherwise meet bid specifications. -
3. "Bid" means a quotation, proposal, letter of interest or offer by any bidder in response
to any kind of invitation, request or public annouacemerit to submit such quotation,
proposal, letter of interest or offer for a contract
4. "Bidder" means any person, partnership, corporation or other business _ entity that
submits a bid.
S. "Bid preference' means an amount dednctod from the total bid price in order to
calculate the bid price to be used to evaluate the bid.
6. "Black" means a person who is a citizen or lawful resident of the United States and
who has origins in any of the Black racial groups of Africa.
7. "Black Business . Enterprise" or "BBE" means a firm that is owned and controlled by
one or more Black individuals, has an actual place of business in Dade County, and is
certified in accordance with Ordinance 94-96., and Administrative Order 3-3.
S. "BBE selection factor" means an element specified in bid documents that designates as
one criteria for choosing among bids that the biddex.is a non -BBE that demonstrates
significant utilization of BBEs in accordance with Ordinances 94-96 is a BBE or is a
joint venture owned and controlled by a BBE.
3
0U= 913
"HBE selection factor" means an element specified in bid documents that designates
one criteria for choosing among bids that the bidder is a non-HBE that demonstrate
significant utilization of HBEs in accordance with Ordinances 94-95 is a HBE or is
joint venture owned and controlled by a HBE.
"WBE selection factor" means.an element specified in bid documents that designates a
one criteria for dhoosing among bids that the bidder is a non-WBE that demonstrate.
significant utilization of WBEs in accordance with Ordinances 94-94 is a WBE or is
joint venture owned and controlled by a WBE. .
9. "Board" mesas the Metropolitan Dade County Board of County Commissioners, Dade
County, Florida.
10. "Broker" means an individual or business that acts as a contact for the purchase o:
goods or services from a supplier and transfers funds to a non -BBE and/or non-HBE
and /or non WBE, as appropriate, in a manner that does not add economic value to the
purchase, except where such conduct is normal industry practice.
11. "Certification List" means a 'Est maintained by the Department of Business and
Economic DeveloOment that contains the names, addresses, and certification expiration
date, of certified BBEs, and/or HBEs, and/or WBEs, as appropriate, sorted by trade,
service, and/or commodity.
12. "Commercially useful function" means contractual responsibility for the execution of a
distinct element of the work of a contract by a business enterprise and the carrying out
of its contractual responsibilities by actually performing, managing, and supervising .
the work involved other than .acting as a broker. The determination -of-whether an
activity is a commercially useful function shall include the evaluation of the amount of
work subcoataacted, normal industry practices, the skills, qualifications, or expertise of
the enterprise to performs the work, whether the business owner .himself or herself .
performs, manages, and/or supervises the work involved, and other relevant factors.
13. "Compliance monitor" means the Director of the Department of Bussu s and
Economic Development or his or her designee assigned to review compliance pursuant
to Ordinances 9496, 94-95, 94-94 and the Administrative Orders 3-3, 3-17, and 3-1 S..
14. Contract means an agreement proposed by County stafL or approved by the County
Commission is any of the following classes:
i. procurement of goods and services not 'included in the classes b, e, and d
below;
4 ®- 913
•
171
ii. construction of a public improvement;
iii. professional services subject to Section 287.055, Florida Statutes, and Section
2-10.4 of the Code of Metropolitan Dade County;
iv. or other professional servicers including but not limited to accounting, legal,
health care, consulting and management services.
v. Contract does not mesa an agreement to purchase, lease, or rent real property;
grant licenses, permits, or fianchises; operate concessions; or make grants.
15. "Contract Measure" means a set-aside, or a subcontract goal, or a project goal, or a bid
preference, or a selection factor, singly or in or any combination.
16. "Contracting Officer" means the person assigned under a contract, usually a
Department Director or his or her designee, who has primary responsibility to monitor
the contract and enforce contract requirements.
17. "County" means Metropolitan Dade County; Florida, a political subdivision. of the
State of Florida.
18. "Debar" means to exclude a contractor, its individual officers, its shareholders with
significant interests, or its affiliated businesses fi+om county ' contracting and
subcont<acdng for a specified period of time, not to exceed five (5) years.
19. "DBED" means the Metropolitan Dade County Department of Business and Economic
Development
20. "Employment Data Report" means a document completed by a subcDWnwting BBE,'
and/or HBE, and/or WBE as appropriate, and submitted monthly by the succesdW
bidder on a contract with goals providing infowntion regarding the mnnber, genda,
race and cd micity of the BBE, and/or HBE, and/or WBE's as appropriate,
employees.
21. "Goods" means any tangible product, material or supply that is not a service.
22. "Hispanic" means a person who is a citi= or lawful resident of the United States who
has origins in Cuba, Mexico, Puerto Rico, Central or South America or other Spanish
or Portuguese culture regardless of race.
23. "Hispanic business enterprise or HBE" mesas a business that is owned and controlled
by one or more Hispanic individuals; has its principal place of business in Dade
County; and is certified in accordance with Ordinance 94-95 and Administrative Order
3-17
5
00- 913
24. "Joint venture".. means an association of . two or more persons, partnerships.
corporations, other business entities or any combination of the above, at least one o:
which is a BBE, and/or FiBE, and/or WBE as appropriate, certified in accordance
with the relevant ordinance; that is lawfully established to carry on a single business
activity that is limited in scope and duration.
25. "Joint Venture Agreement" means a document submitted to DBED by a joint venture
that provides information regarding the nature of the joint venture''.
26. "L,etter of Intent" means a letter signed by a subcontracting BBE, and/or HBE, and/or
WBE as appropriate, deudling.the scope and dollar value of the work, to be performed
by the BBE, and/or HBE, and/or. WBE as appropriate, for the successful bidder on a
contract with subcontractor goals.
27. "MDC" means Metropolitan Dade County, Florida
28.. "Owned and controlled" means a business that is at least fifty one (5 1) percent owned
by one or more Blacks, Hispanics or women, as. appropriate, or in the case of a publicly
owned business, at least fifty one (5 1) percent of the stock of which is owned by one or
more Blacks, Hispanics or women, as appropriate, and whose management and daily
business operations are controlled by one or more such mdividuabs. The determination
of whether an owner has demonstrated such control shall incluide aa.. evaluation of the
following: the owner's experience in the industry in which certification is sought; the
owner's independence in making business policy and day -today operational decisions;
the owner's technical competency or .knowledge '.of technical. rcquireme= in the
industry in which certification is sought; and other relevant factors.
29. "PMD" means the General Services Administration Procurement Management
Division.
30. "Principal Place of Business" mesas the location at which the business records of the
applicant concern are maintained and the location at which the individual who manages
the day-to-day operations spends the majority of his/her waridng hours.
31. Project goal means that a proportion of a total contract value stated as a percentage to
be awarded to HBEs in contracts that mum a pool of qualified contractors from which
the County selects pool members to perform the work of the contract.
32. "Review Committee" or "RC" means the committee established by the Courcy
Manager to review proposed projects for the application of contract measures.
A
33. "Schedule of Participation" means a form contained in the bid documents of a contract.
with goals on which bidders list at the time of bid submission all BBEs, and/or. HBEs,
and/or WBE s, as appropriate, to be used to meet the goal, the scope of work each will,
perform, including the goods or services to be provided, and the dollar value of such
6 00_' 913
work
34. "Services" means construction, maintenance, alteration, or repair of a public
improvement and any performance of work offacd for public or private consumption
that does not consist primarily of goods.
35. "Set-aside" means the designation of a given contract for competition solely among
BBEs, and/or HBEs, and/or WBEs, as appropriate.
36. "Set-aside List of Subcontractors" means a form contained in the bid documents of
set-aside contracts for services identifying the work the bidder will perform with his
own forces and, listing at time of bid submission, all subcontractors, the scope of work
each will perform, including the services each will provide, and the dollar value of such
work.
37. "Significant Utilization" means purchases of goods or services from BBEs, and/or
HBEs, and/or WBEs as appropriate, by a bidder in the preceding twenty-four (24)
months that: were not required tinder goverameatal contract measures or h nority
Business Enterprise Program; and were not a nominal -amount relative to -the bidder's
purchases of goods and services in Dade County, the biddefs overall purchases of
goods and services, and the availability of BBEs, and/or MBEs, and/or WBEs, ,.as
appropriate; and were pursuant to the biddees systematic efforts to eliminate
discrimination against BBEs, and/or HBEs, and/or WBEs, as appropriate, in its
purchases of goods and services in Dade County.
38. "Subcontractor goal" means a proportion of a total contract value stated as a percentage
to be subcontracted to a BBE, and/or HBE, and/or WBE, as appropriate, to perform
a commercially useful function
39. "Successful biddee-means the bidder to which the contract is awarded.
40. "Unavailability Certificate" means a & mneet signed by a BBE, and/or HBE, and/or
WBE, as appropriate, stating that the BBE, and/or HBE, and/or WBE, as
appropriate, is not available to participate on a specific project at a specific time.
41. "Utilization Report" means a report completed by the successful bidder on a contract.
with goals and submitted monthly listing all wort: performed in the past month by the
BBEs, and/or HBEs, and/or WBEs, as appropriate identified on the Schedule of
Participation and all expenditures made in the last month to the identified BBEs.
42. "Women " means persons of the female gender, regardless of race or ethnicity.
43. "Women business enterprise or WBE " means a business that is owned and controlled
by one or more women; has its principal place of business in Dade County; and is
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certified in accordance with Ordinance 94-94 and Administrative Order 3-18.
44:
"Work" means ithe provision of goods or services, including construction.
B. GENERAL INFORMATION,
1.
The bidder shall fully comply with these Provisions which implement Metropolitan
Dade County" Ordinances 94-94, 94-95, and 94-96 and Administrative Orders 3-18,
3-17 and 3.3, reapecuvely.
2.
Five individual contract measures are possible under the Black Business Enterprise
Program (Ordinance 94-96 and Administrative Order 3-3), the Hispanic Business
Enterprise Program (Ordinance 94-95 and Administrative Order 3-17) and the Women
Business Enterprise Program" (Ordinance 94-94 and. Administrative Order 3-18):
set-asides, subcontractor goals, bid preferences, project goals, and.BBE, and/or HBE,
and/or WBE, selection factors. While neither a bid preference nor a BBE and/or BBE
and/or WBE selection factor may be applied to set-aside contract, contract measures
may otherwise be used in combination with each other. For ' instance a set-aside
contract for WBEs may also contain subcontrsctpr goals for BBEs.and HBEs. 11tee
conttact mea=*s) applicable to this contract is indicated on the cover sheet of these
Provisions. MDC shall not award a contract to any bidder which it determines fm7s to
comply with all the applicable requirements-of these Provisions.
3.
A Certificationlist is included as an appendix to assist bidder compliance with any
subcontractor goal established for this project The certification list is updated every
two (2) weeks. Bidders must utilize the most Current certification list in complying
with these Provisions. A current certification list may be obtained by contacting the
Metropolitan Dade County (bMq Department of Business and Economic
Development (DBED) at 111 N.W. 1st Street, Suite 1710 or by telephone at (305)
375-4132, bcsimile (305) 375-4232. In order to pard6pate as a BBE. andlor
IRBK andlor WB& as aeproUnste. on this contraeL a BBE. and/or TBE.
and/or VML rSS 2p ra priate. must have a valid eei- if cation at the time of hid
submittal. bid award and tbrongbout the duration of the contract in which the
4.
BBB- and/or TBE and/or MME. as aRprojriat&parfic�pates as a BBE. and'<or
IME. and/or WBE.
MDC shall monitor the compliance of the successful Bidder with the requirements of
these Provisions during the course of the work to be performed under the contract
5.
Forms necessary for, submittal of information pertaining to these Provisions are
included in the appendix Additional copies may be obtained by contacting the
Compliance Monitor (DBED), at: Metropolitan Dade County (MDC) Department of
Business and Economic Development (DBED) at 111 N.W. 1st Street, Suite 1710 or by
„
telephone at (305) 375-4132, facsimile (305) 3754232.
.�
8 .99-- 913
C. CERTIFICATION
1. Attached as an example is a Cartification List with a specified date. Certification Lis
are updated and issued every two weeks. Bidders shall use the most rc=
Certification List available prior to bid opening. Certification lists may be obtaine
by contacting DBED at telephone number (305) 3754132 during normal busines
hours.
2. The farms on the Certification List will be identified by trade, commodity or servic
area. A BBE and/or HBE and/or WBE, as appropriate, must be certified in a trade
commodity, or service area in order to be eligible to participate as a BBE, and/or
HBE, and/or WBE, as appropriate, on contracts in such trade, commodity or service
area. General contractors in order to be eligible to participate as a BBE, and/or HBE,
and/or WBE, as appropriate, subcoattactor must be certified in the trade, commodity
or service area in which they are to perform work as a BBE, and/or HBE,- and/or
WBE.
3. In order to participate as a BBE, and/or HSE, and/or WBE, as appropriate, on this
contract, a BBE, and/or HBE, and/or WBE, as ,appropriate, must have a valid
certification at the time of bid submittal, bid award, and throughout the duration of the
contract in which the BBE, and/or HBE, and/or WBE, as appropriate participates as
a BBE, and/or HBE, and/or WBE.
4. Joint Ventures. Only joint ventures approved by DBED in accordance with
Administrative Orders 3-3.3-17, and/or M g, as appropriate, are .ei gable to participate
as joint ventur,w in the Program. Joint vis must be lawfully established. The
Black, Hispanic and/or woman member of the joint venture must be certified as a
BBE, and/or HBE, and/or WBE, as appropriate, before the joint venture can be
approved-
D. CONTRACT MEASURES
1. Set Asides
a. Contracts that are set-aside and do not have subcontractor goals are for bidding
solely among BBEs, and/or HBEs, and/or WBEs, as appropriate. A BBE, and/or
HBE, and/or WBE, as appropriate, awarded a set-aside contract shall not transfer to
a non -BBE, . and/or non-HBE, and/or non-WBE, as appropriate, through
subcontracting or otherwise, any part of the actual work of the contract unless these
bid documents expressly and sp=fically requireand/or permit such transfer as
consistent with normal industry practice, -or the BBE, and/or HBE, and/or WBE,
as appropriate, requests and receives prior to bid award an approval letter from
DBED.
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b. Set-aside contracts with subcontractor goals require that subcontractor goals be me-
in areas specified in the Schedule of Participation. In areas not being used to meet a
subcontractor 'goal the work is to be performed by the BBE, and/or HBE, and/or
WBE for which the contract was- set-aside. For example: A BBE set-aside with a
20% VIBE subcontractor goal requires 200A of the work be performed by a WBE
and the remaining work be performed by BBEs.
C4 A BBE that.performs the work of the set-aside contract with its own forces may
count such wEuk towards reducing the BBE goal applied to the contract by a
maxum of fifty (50) percent.
d ' Bidders . on set -asides that cannot demonstrate their compliance with the
requirements of the preceding paragraphs (D.(l.)(a.) and (b.) shall be found to be in
non-compliance with these provisions.
C. Bidders on set -asides, to be eligible for award, shall submit upon request of the
Compliance Monitor a "Set -Aside, List of Subcontractors" (Form DBED 104).
Failure to submit the list and any relevant information the Compliance Monitor may
request with respect to the bidder's submitted list shall constitute non-compliance
with these provisions.
E The following shall constitute non-compliance with these Provisions:
L Submission of a Set -Aside List of Subcontractors that the bidder. knew or
should have known is incomplete or inaccurate; or
ii. Deviation from the list without the written approval of the Compliance Monitor.
2. Subcontractor Goals • _ -
a. The purpose of a Subcontractor Goal is to have portions of the work under the
Contract performed by available BBEs, and/or HBEs, and/or VIBES, as
appropriate, for prices. totaling not less than the percentage of the contract price set
out in the bid form.
:b. In contracts with subcontractor. or project goals for BBEs, and/or HBEs, and/or
WBEs, as appropriate, a Black and/or Hispanic and/or Woman Business Enterprise
certified in more than one category shall be counted toward meeting the goal for one
category only. The prime bidder shall declare at bid submission toward which
subcontractor goal a business enterprise certified in more than one category shall
count
C. After a bid is advertised with a subcontractor or project goal, it may be reduced
only with the approval of the County Commission or, if the contract -is to be
10 0"- 913
executed by the Public Health Trust, by that body.
d. A bidder challenging or protesting the subcontractor or project or project goal mu -
submit to the office or person to whom the bid is submitted, no later than the time c
bid submission, written reasons for such challenge or protest. Challenges or protea
to a BBE, and/or . FIBE, and/or WBE, as appropriate, subcontractor goal b;
bidders after the time of bid submission, or challenges based on reasons ac
previously provided in writing prior to bid submission, shall not be heard by the
County Commission.
e. The Project Worksheet for establishing the stated subcontractor goal is included ir
the appendix of these Provisions.
L Bidder Responsibilities for Subcontractor Goals:
i. Bidders must submit a completed Schedule of Participation (Form DBED 10 1)
at the time of bid submission. The Schedule of Participation constitutes a
written representation by the bidder that to the best of the bidder's knowledge
the BBEs, and/or HBEs, and/or . WBEs, as appropriate, listed are available
and have agreed to perform as specified, or that the Bidder will demonstrate
unavailability. The Schedule of Participation is a commitment by the bidder
that if awarded the contract, it will eater into subcontracts with the identified
BBEs, and/or HBEs, and/or WBEs, as appropriate for the scope of work at
the price set forth in the Schedule of Participation.
ii. Bidders that are BBEs, and/or HBEs, and/or WBEs, as appropriate, and
bidders that are joint ventures that are owned and controlled by one or more
BBEs, and/or HBEs, and/or WBEs, as appropriate, may use their own fortes
to meet up to 50'/0 of a specified goal.
iii. Bidders who fail to submit the Schedule of Participation shall be considered
non-responsive. Bids that contain a defective Schedule of Para' ipation are
voidable. Examples of defects include but are not limited to: ' incomplete
Schedules; the listing of an uaidentifiable BBEs, and/or HBEs, and/or WBEs,
as appropriate, and percentage miscalculations that are not mere clerical errors
apparent on the face of the Schedule.
iv. Expenditures to subcontracting BBEs, and/or HBEs, and/or WBEs, as
appropriate, shall be cotmted toward meeting specified goals as follows:
(1) One hundred percent (100'/0) of the expenditures to BBEs, and/or HBFz,
and/or WBEs, as appropriate,. that perform a commercially useful function
in the supply of goods or services required for fulfillment of the contract;
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(2) One hundred percent.(100%) of the expenditures to BBEs, and/or HBEs.
and/or WBEs,.ss appropriate, that subcontract work further to non -BBE.
and/or non-HBEs, and/or non-WBEs, as appropriate, only if bi
-documents expressly and specifically permit such subcontracting a
consistent with -normal industry practice, or the bidder or BBEs, and/or
HIBEs, and/or. WBEs, as appropriate, requests and receives prior to bi;
award an approval letter from DBED;
(3) One hundred percent (100%) of the expenditures to BBEs, and/or HBEs,
and/or WBEs, as appropriate, who are general contractors, working a:
subcontractors, that perform actual work with their own forces;
(4) None of the expenditures to a BBEs, and/or. HBEs, and/or WBEs, as
appropriate, that acts essentially as a conduit to transfer funds to a
non-BBEs, and/or non-HBEs, and/or non-WBEs, as appropriate, unless
bid documents expressly and specifically permit such transfers as consistent
with normal industry practice or the bidder or BBE, and/or BBE, and/or
WBE, as appropriate, requests. and receives prior to bid award an approval
letter,;
v. Bidders agree to take all necessary and reasonable steps -in, accordance with
these Provisions to ensure that BBEs, and/or IBES, ' and/or WBEs, as
_ appropriate, have the maximum opportunity to compete for and perform this.
contract. Bidders shall select portions of the work to be performed by BBF_,
and/or HBEs, and/or WBEs, as appropriate, so as to increase the likelihood of
meeting the subcontasctor goal including, where appropriate, breaking down
coatzacts into, economically feasible units to facilitate BBE, and/or HBE,
and/or WBE, as appropriate,participation.
vi. Bidders must submit Letters of Intent (Form No. DBED 102) to the person or
office, to whom the bid was submitted by 4:00 p.m. on the second business day
Mowing bid opening. Defexive I of Intent are voidable. Examples of
defects include but are not limited to improperly execuned letters, the listing of
an tmideati5able BBEs, and/or HBEs, and/or WBEs, as appropriate, and
percentage miscalculations that are not mere clerical errors apparent on the face
of the Letter of Inteat. Expenditures to BBEs, andlor HBEz, and/or WBEs,
as appropriate, on a Schedule of Participation that are not confirmed by a Letter
of Intent shall not count toward the goal
°vii. Bidders whose bids do not meet the.specified goal, in order to remain eligible,
must submit to the person or office to whom the bid was submitted by 4:00 p.m.
on the second business day following bid submission evidence proving the lack
of available BBEs, and/or HBEs, and/or WBEs, as appropriate, to afford
effective competition to provide the goods or services to meet the subcontractor
goal. To prove tack of availability, bidden must submit the following:
(1) Unavailability Certificates (Form No. DBED 103) either completed and
signed by the BBE, and/or HBE, and/or WBE, as appropriate, or
.completed and signed by the bidder explaining the contacts with the BBEs,
and/or HBEs, and/or WBEs, as appropriate„ statements or actions of the
BBEs, and/or HBEs, and/or WBEs, as appropriate, showing
unavailability, and the reason(s) why the BBEs, and/or HBEs, and/or
WBEs, as appropriate, signature could not be obtained; and
(2) A listing of any bids received from a BBEs, and/or HBEs, and/or WBEs,
as appropriate„ the scope of work and price of each bid, and the bidder's
reasons for rejecting each bid; and
(3) A statement of the bidder's contacts with DBED for assistance in
determining available BBEs, and/or HBEs, and/or WBEs, as appropriate,
and
(4) A statement showing compliance with paragraph -D. 2. d. above; and
(5) A complete description of the bidder's process for soliciting and evaluating
bids from BBEs, and/or HBEs, and/or WBEs, as appropriate,
(6) Bidders may establish a BBE, and/or HBE, and/or WBE, as appropriate,
as unavailable if the bidder provides evidence proving the BBEs, and/or
HBEs, and/or WBEs, as appropriate, bid is not reasonably competitive
with comparable bids of non-BBEs, and/or non-HBEs, and/or
non WBEs, as appropriate, for the same scope of work.
(7) Evidence of lack of availability may address only the perio4 prior .to bid -
submission.
viii. The bidder shall either meet the sttbcont:actor goal or demonsame lack of
availability as a condition of being awarded this Contract. If a bidder who has
not met the subcontractor goal fails or , , 6 - s to substantiate the lack of
availability, any security submitted with the bid may be forfeited as liquidated
damages because of such failure or default
ix The successful bidder on a contract with sutbconttacxor goals shall promptly
review billings from BBEs, and/or HBEs, and/or WBEs, as appropriate,
listed on the Schedule of Participation. On those amounts not in dispute, the
successful bidder must make payment within thirty (30) days of its receipt of
the billing.
3. BID PREFERENCE.
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a. ELIGIBILITY.. Bidders ,claiming•a bid preference shall complete and submit with
their bid a claim of bid preference. the Compliance Monitor shall determine
whether the bidder qualifies for the bid preference for the specified contract. In the
event that a bidder qualifies for a bid preference in more than one category for the
specified contract, the bidder shall '.be awarded the largest preference. Only one
preference shall be awarded per bidder per contras Bid preferences shall be given
to:
L Bidders that are BBEs, and/or ,/BEs, and/or WBEs, as appropriate;
ii. Bidders that demonstrate. significant utilization;
iii. Bidders that are joint ventures approved under Section III of Administrative
Orders 3.3 and/or 3-17and/or 3-18 as appropriate.
b. PREFERENCE LEVEL. Bid documents for contracts with bid preferences shall
state the following bid preferences which will be given to qualified bidders as
appropriate:
Bid Prfee
BBFs
EOW
WERE
signukant
17ffitutbon of
BU84MBs,
WBBs
Joint Ventura
BB8s*,51°R
B3Fr*-51%
WBFsb51%
Joint Venture
BMU 4*1%
HBhs 4*1%
WBU X51% -
25,000 <75,000
10.0%
7.50%
5.00/0
3.75%
75,000 <125,000
5.00/o'
3.75%
2.50%
1.25%
125,000 < 250,000
4.0%
3.00%
2.00%
1.000/0 - - - -
0,000 <500,000
3.0%
2.25%
1-50%
0.75%
00,000<1,000,000
2.0% .
1.50'/• :.
1.000/0
0.500/0
1,000,000<2,0001000
1.0%
0.75%
050019
0.25%
On contracts greater than two million, dollars ($2,000,000), the bid preference shall
only be calculated for the first two. million dollars of the bid price. The bid
preference sball be calculated and subtracted from the total bid price. This
difference shall be used in evaluating the bid. he bid preference is used only to
calculate an amount to be used in evaluating the bid and does not affect the contract
price:
,. 14
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c. DEMONSTRATING SIGNIFICANT UTILIZATION.
i. DBED shall prepare and make available on a monthly basis a list of BBEs ,
HBEs and WBEs that have held valid certifications during the prior twenty-four
(24) months.
ii. Bidders claiming a bid preference based on significant utilization shall
demonstrate such significant utilization by submitting evidence including but
not limited to the following:
(1) Bidder's total purchases of goods and services in the prior twenty-four
months.
(2) Bidder's total purchases of goods and services. in Dade County in the prior
twenty-four months.
(3) Biddees total purchases from BBEs, and/or HBEs, and/or WBEs, as
appropriate, in the prior twenty-four months, identifying each BBE. and/or
HBE, and/or WBE, as appropriate
(4) Bidder's' total purchases from BBEs in the prior twenty-four months,
identifying each BBE that was not pursuant to any gove;nmental contract
or Black Business Enterprise Program requirement with which the bidder
complied
(S) Data showing lack of availability of BBEs.
(6) A description of the bidder's systematic efforts to eliminate discrimination
against BBEs in its purchasing operations
iii. Based on its review of the evidence, DBED shall issue a letter stating the bidder
has demonstrated significant u&zadon or the reasons why the bidder has failed
to demonstrate significant udlimtian.
E. BBE, HBE and WBE Selection Factor
1. In bid as that assign weights to .evaluation or selection criteria, bid documents shall
assign a weight of ten percent (10%) to the BBE and/or HBE and /or WBE selection
factor, as appropriate, In bids that do not assign weights to evaluation or selection
criteria, bid documents shall provide that among bidders evaluated to be otherwise
substantially equal, the BBE and/or HBE and /or WBE selection factor, as appropriate,
shall be the deciding factor for award of the bid.
15
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2. A BBE and/or HBE and /or VIBE selection factor, as appropriate, may be applied tc
any request for proposals or similar invitations to bid that arc not set-aside.
F. PRE -AWARD COMPLIANCE
1. Investigatory Meeting by Compliance Monitor.
a. The Compliance Monitor shall review for compliance with these provisions every
contract to wfii,ch a contract measure has been applied If the Compliance Monitor
has concerns regarding compliance with these provisions, the Bidder shall upon at
least three (3) days notice meet with the Compliance Monitor. The purpose of this
investigatory meeting shall be for the Compliance Monitor to consider whether to
recommend the Bidder's bid' be determined to be in compliance or non-compliance
with the requirements of these Provisions. The Compliance Monitor may consider
relevant information from any person m making this decision. At the investigatory
meeting the Bidder shall have as opportunity to present information and arguments
pertinent to his compliance with the applicable requirements. The Compliance
Monitor may require the Bidder to produce such information .as. the Compliance
Monitor deems appropriate and may obtain whatever other and further information
from whatever sources the Compliance Monitor deems appropriate.
b. No later than fifteen (15) business days after this investigatory meeting with the
. Bidder, the Compliance Monitor shall make .a written recommendation to the
Contracting Officer which shall include a statement of the facts and reasons upon
which it is based This recommendation shall also be -forwarded to the Bidder.
2. Ddrermination by MDC. Following receipt of a recommendation of non-compliance
from the Compliance Monitor, the Contracting Officer shall notify the Bidder of an
informal hearing regarding the bidder's compliance with these provisions Such notice
shad indicate the date, time and place at which the Bidder will have an opportunity to
present percent argument and information to the Contracting Officer relating to the
rococo iendabon of non-compliance by the Compliance Monitor. The Bidder shall
supply such further relevant information as required'by the Contracting Officer.
3. The Contracting Officer in conjunction with the Compliance Monitor may also conduct
informal hearings, to which the Bidder sball be invited, in which other parties invited
by the Contracting Officer may offer information relevant to' the issue of the Biddees
non-compliance. :
4. The Contracting Officer shall in writing determine whether the bid of such Bidder
complies with the requirements of these Provisions and whether to recommend to the
County Manager that the Contract be awarded to the Bidder. A copy of such
recommendation shall be sent to the Bidder. Such recommendation shall not affect the
power of the Board of County Commissioners to reject the Bidders bid for any other
reason or to take such action 'on -the recommendation of the Contracting Officer as the
16
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Board deems appropriate.
S. Consideration of Other Bids. If the Contracting Officer or Compliance Monitor deem.
it advisable in the interest of expediting the award of the contract, the procedures se
forth in this subsection may be carried out with respect to the bids of one or mor.
additional Bidders at the same or different times with each such proceeding to b,
separately conducted.
6. Failure of Bidder to Participate. The Bidder will be bound by the proceedings unde:
this subsection to which they have been given required notice without regard to thei.:
participation or lack of participation. A lack of participation upon receiving notices
and requests pursuant to these Provisions shall not be grounds for reconsideration of
any action taken in the proceedings.
7. MDC shall not award this contract to any Bidder which it determines fails to comply
with the applicable requirements of these Provisions. Nothing herein shall relieve any
Bidder from any of the terms, conditions or requirements of the contract or modify
MDCs rights as reserved in the Contract document
G. PROMPT PAYMENT
1. It is the County's intent that BBEs and/or HBEs and/or WBEs providing goods or
services to the County shall receive payments promptly in order to maintain sufficient
cash flow.
2. The successful bidder on a contract with goals shall promptly review billings from
BBEs, and/or HBEs, and/or WBEs, as appropriate, listed on the Schedule of
Participation. On those amounts not in dispute, the successful bidder must stake
payment within thirty (30) days of its receipt of the baling.
H. POST AWARD COMPLIANCE AND MONITORING
1. Approval of Subcontracts. The Successfttl Bidder shall submit to the Contract Officer
for approval subcontracts corresponding in all respects to the proposed agreements
listed on the Successful Bidder's Schedule of Participation or Set -Aside List of
Subcontractors, unless a deviation is approved under paragraph H.4. below. The
Successful Bidder shall enter into each subcontract and shall thereafter neither
terminate any such subcontract nor reduce the scope of work to be performed by or
decrease the price to be paid to the BBEs, and/or HBEs, and/or WBEs, as
appropriate, thereunder without in each instance the prior written approval of the
Compliance Monitor. The Contracting --Officer shall not give a final written
determination without a recommendation from the Compliance Monitor.
2. Access to Records. Successful bidders and BBEs shall permit the County to have
access during normal business hours to books and records relating to the bidder's
17
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[7
compliance with the 'and/or contract measures applied to the contract or relating to
BBE compliance with certification requirements. Such books and records include but
are. not limited to. corporate documents, charters, organizational filings, tax filings,
registrations, licenses, stock registrations, partnership agreements, contracts,
subcontracts, joint venture agreements, checking accounts, journals, ledgers,
correspondence, and documents and records between the bidder or the BBE and. other
entities. Tris right of access shall be granted for one year after completion of the work
or fWI payment of contract obligations, whichever comes last, or for one year after the
expiration of BBE certification.
3. Monthly Reporting.. the successful bidder on.a project with a contract measure shall
submit monthly a Utilization Report (Form M 200), and an'Employment Data Report
(Form M 201) to the Contracting Officer on or before the tenth working day following
the.end of the month the report covers. Standard reporting forms are included in these
Provisions. Additional forms may -be obtained from the Compliance Monitor. The
Employment Data Reportis to be completed by each BBE, and/or HBE, and/or
WBE, as appropriate, listed on the Schedule of Participation or Set -Aside List of
Subcontractors and is to be submitted by the successful bidder. Failure to comply with
the reporting requirements may result in the imposition of either or both contractual.
sanctions or administrative penalties by the County at its option.
4. Deviations from the Schedule of Participation or Set -Aside List of Subcontractors .
a In the event that during the performance of a contract a BBE, and/or ' HBE, and/or
WBE, as appropriate, is not able to provide the goods or services specified on the
Schedule of Participation, the successful bidder must locate a BBE, and/or HBE,
and/or WBE, as appropriate, to substitute for the unavailable BBE, and/or HSE,
and/or WBE, as appropriate, unless the bidder can prove the lack of an available
BBE, and/or HBE, and/or WBE, as appropriate, to provide the goods or services
to be provided by the prior BBE, and/or HBE, and/or WBE, as appropriate.. The
successful 'bidder must receive approval. from the . Contracting Officer, revise the
Schedule of Participation to include the substitute BBE, and obtain a Letter of Intern
ham the substitute BBE, and/or- HBE, and/or WBE, as appropriate. A srrccessfid
bidder that cannot secure a substitute BBE, and/or HBE, and/or WBE, as
appropriate, must ' provide a written statement to the Compliance Monitor and
Contracting Officer that includes. a list of the names, addresses, and telephone
numbers of all BBEs, and/or HBEs, and/or WBEs, 'as appropriate, contacted, and
the date of contact for each BBE, and/or HBE, and/or WBE, as appropriate.
b. The Compliance Monitor shall be responsible for monitoring the performance of the
successful bidder regarding compliance with contract measures applied to the
contract: The ; Compliance Monitor may, at his- or her discretion, investigate
deviations in the utilization of BBEs, and/or HBEs, and/or WBEs, as appropriate,
from that described on the Schedule of Participation or Set -Aside List. of
Subcontractors and make .recommeadations regardinq mpli the
00- 913
Contracting Officer. The Contracting Officer shall not make a final determination
without a recommendation regarding compliance from the Compliance Monitor.
Deviations from the goal stated in the contract that shall be monitored include but
are not limited to:
i. Termination of a BBEs, and/or HBFs, and/or WBEs, as appropriate,
subcontract;
ii. Reduction -in the scope of work to be performed by a BBE, and/or HBE,
and/or WBE, as appropriate;
iii. Modifications to the terms of payment or price to be paid to BBEs, and/or
DBEs, and/or WBEs, as appropriate;
iv. Failure to enter into a contract with BBEs, and/or HBEs, and/or WBEs, as
appropriate.
c. Excuse from Entering Subcontracts. If prior to execution of a subcontract required
by these Provisions, the Successful Bidder submits a written request.. to the
Contracting Officer demonstrating to lite mon of the Contracting Officer that,
as a result of a. change in circumstances beyond his control of which he was not
aware and could not reasonably have been aware until subsequent to the date of the
award of the Contract, a BBE, and/or HBE, and/or WBE, as appropriate, who is
to enter into such subcontract has tm =Lwnably refused to execute the subcoutzact,
or is not available, the Successful Bidder shall be excused from. executing such
subcontract. The procedures of paragraphs Fi41 and g. below apply to this
paragraph.
d. Termination of Subcontracts. _If� after execution of a subcontract requiwd by thew -
Provisions, the SuccessfW Bidder submits a written request to the Contracting
Officer and demonstrates to the mon of the Contracting Officer that, as a
result of a change in beyond his control of which he was not aware
and could not reasonably have been aware until subsequent to the date of execution
of such subcontract, a BBE, and/or HBE, and/or WBE, as appropriate, who
entered into such subcontract has committed a material breach of the subcontract,
the successful Bidder shall be entitled to exercise such rights as may be available to
him to terminate the subcontract,. The procedures of paragraphs f and g. below
apply to this paragraph.
e. MDCs Determination of Bidder's Excuse or Termination. If the Successful Bidder
at any time submits a written request to the Contracting Officer under the prior two
paragraphs the Contracting Officer, as soon as practicable, shall determine whether
the Successful Bidder has made the requisite demonstration, and shall not determine
that such a demonstration has not been made without first providing the Successful
Bidder, upon notice, an opportunity to present pertinent information and arguments.
• 19
Ll
The procedures of paragraphs ff, and g. below apply to this paragraph.
f. Alternative Subcontracts. If the Successful Bidder is excused from entering into a
subcontract or rightfully terminates a subcontract under these. Provisions and
without such subcontract the Successful Bidder wi11 not achieve. the level of BBE,
and/or HBE, and/or WBE, as appropriate, participation upon which'the contract
was awarded, the Successful Bidder shall make every reasonable effort to propose
and eater into an alternative. subcontract or subcontracts for the same work to be
performed by another available BBE, and/or HBE, and/or WBE, as appropriate,
for a subcontract prix or prices totaling not less than the subcontract price under
the excused or terminated subcontract, less all amounts previously paid thereunder.
The Bidder must submit a revised Schedule of Participation or Set -Aside List of
Subcontractors and better of Intent to include the substitute BBE, and/or HBE,
and/or WBE, as appropriate,. A successful bidder that cannot secure a substitute
BBE must provide a written statement to the Compliance Monitor and Contracting
Officer that includes a list of the names, addresses, telephone numbers, and the date
of contact for each BBE, and/or HBE, and/or WBE, as appropriate,. , The
procedures of paragraphs f. and g. below apply to this paragraph. .
g. The Compliance Monitor. shall promptly meet with the Successful Bidder and
provide him . with an oppommity to demonstrate compliance with these
requirements. The Compliance Monitor shall, as promptly as practicable,
recommend to the Contracting Officer whether the Successful Bidder should be
detetmined to be in compliance with these requirements The Compliance Monitor
may require the Successful Bidder to produce such information as the Compliance
Monitor deems appropriate and may obtain whatever other and further information
from whatever sources . the Compliance Monitor deems appropriate. The
Compliance Monitor shall make his recommendation under this paragraph to the
Contracting Officer and forward a copy to the Bidder.
b. The Contracting Officer will consider objections to the Compliance Monitor's
recommendation only if such written objections are received by the Contracting
' Officer within five calendar days from the Successful Biddees receipt of the
Complisace Monitor's recommendation. The Contracting Officer with or without a
hearing, as he in his discretion may determine, will reply to the Successful Bidder's
written objection within 10 days ,of receipt of these objections. The Contracting
Officer's determination upon consideration of the Successful Bidder's written
objection shall be final and binding without right of appeal.
I. SANCTIONS FOR, CONTRACTUAL VIOLATIONS
H at any time, the SuccessU Bidder is in violation of his obligations under these Provisions,
MDC not withstanding any other penalties and sanctions provided by law may impose one
or more of the following:
4 20 00-- 913
SCHEDULE OF PARTICIPATION
"Od No.
aE andlor HBE endla WBE member of • • M«.M row` •f Q ur vvut: suboontr,cbom fetedn the utxnittel et the Ume o I su _
lol ven0iue is to be set forth In detail aeperatsly Aorrt the work b be performed by the nonaM T t+ioo-HeE work � E member th
of
Joint venture,
To be completed by the Prime) Contrect"Midder
Check appropriate boxes) If Unavailability
BBE ❑
1 certify that the representations contelned In this Schedule of Psrtldpetlon
Certificates are or will be provided In Ileu of
WBE
I
we to the bestor m l► knowwipe true and eoourste.
or In addition to this Schedule of Participation to
NBE ❑
deFnonstrate the lack of availability.
C�
i
sWOW
OOIO
Few "6 O riftDBED
trOneO M CEO Or lir WOrM
tot
•
•
The suspension of any payment or part thereof until such time as the issues concerning
compliance are resolved;
2. Work stoppage;
3. Termination, suspension, or cancellation of the contract in whole or part.
J. DEBARMENT
The County may debar a BBE, and/or HBE, and/or WBE, as appropriate, or a non -BBE,
and/or non -BBE, and/or non-WBE, as appropriate, for violation o4 or non-compliance
with, the provisions of Ordinances 94-96, and/or 94-95, and/or 94-94, Administrative
Orders 3-3, 3-17, 3-18 or these bid documents.
1. Violations that may result in debarment include but are not limited to:
a. Falsifying or wrongfully withholding information in the certification, bidding, or
reporting processes for BBE, and/or HBE, and/or WBE, as appropriate.
b. Failing to perform a commercially useful function, or subcontracting to a BBE,
and/or HBE, and/or WBE, as appropriate, by a non -BBE, and/or non-HBE,
and/or non-WBE, as appropriate, that imew or should have known the BBE, and/or
HBE, and/or WBE, as appropriate, could not perform a commercially useful
function. When determining whether the BBE, and/or HBE, - and/or WBE, as
appropriate, performs a commercially useful function. DBED shall consider factors
such as but not limited to:
i. Whether actual work is performed by the BBE, and/or HBE, and/or WBE, as
appropriate. Actual work includes drop shipping when the BRF,.and/or HBE,
and/or WBE, as appropriate, has actual and legal responsibility for billing
and perkmnaac a of the cont=act. Brokering is considered to be actual work
when it is consistent with normal industry practice.
ii. Whether further subcontracting by the BBE, and/or BBE, and/or WBE, as
appropriate, is consistent with normal industry practice;
iii. Whether the BBE, and/or HBE, and/or WBE, as appropriate, subcontractor is
a general contractor,
iv. Whether the BBE, and/or HBE, and/or WBE, as appropriate, subcontractor
has entered into bonding agreements that shift to another the expenses, risks, or
responsibilities of the work for the purpose of meeting bonding requirements.
2. Debarment procedures shall comply with Section 10-38 of the Code of Metropolitan
Dade County.
21
C
•
•
LETTER OF INTENT
BLACK. HISPANIC and WOMEN BUSINESS ENTERPRISE
PARTICIPATION
Bidders must submit Letters of Went) to the person or off= to whom the bid was submitted by 4:00 p.rtL on the second business day
following bid operft. E*er> fisted on a ScMdufs of Pat7iopaI*-- at ars not con&Trred by a proPerty executed Letter of Intent
strap not count toward Ute 902L .
TO,
Name of Prima
CONTRACT NAME:
CONTRACT NO.: TOTAL BID;
The undersigned has mmona* tncomndtted capac ty sufficient to provide the r"uirW
goods or services. alllicenses and g m '14 necessary to provide such goods or services.
the ability to obtain bonding that Is femora* required to provide such goods or services
consistent: witlt rtorrrtal industry pmcbm and Ute abTrty to o@terwise meet the bid
specitrcab=. '
Signature
Print Name Title
Date
BBE Firm
DBED 102
00 113
CERTIFICATE OF UNAVAILABILITY
t
Nam 7uw
of certify that on
FIM ate. Dem
1 contacted the
SM H®E. or WBE
to obtain a bid for work items to be performed, on Matropolitan
Dade County Contract No.
Print Hams
Title
1 : was offered the above opportunity to bid
BBE HOE or WOE
1, was unavailable to perform the, above work at the above specified time due to:
1 are aware foot MetropaMn Delle C uW /dmMaVubw Otdara pmvWo amt ' MY (M ardor HOE soft WIM Ogd ink to dd at a wA*n an to
lessor d fes (3) or 50 pwwd of to evait ift projects, In ft pel my a ditd trade. mnimo ifyr or suvioe was. dump ft awilimfion yw my ba
ddoattpidd or denied recattlgratioet
>3i®nstrae DOER Cardliaaflon Humber
PAnt Hume En*SSM Dow
Tis DEED 103
�- 913
D®ED reserves the right t®require 61 deraEat bid SET-ASIDE
vn aThOF SUBCONTRACTORS
r to ni Ili
to be performed by the BBE. NBE or Women member of a Joint venturs is toThe be set forth 1 details orffon f m the the work
b fhe nonNBE and or Women member. Bidder shall identl the work to be provided b the bidder's own fbmesork
to be performed
Name of Bidder:
der:
Project Number:
I certify that the representations contained In this Set -Aside List of Contractors are to the best of my knowledge true and accurate.
I
CC Sipneture Dats I elaphone
F
Print Name Title DBED 104
C
0
BID PREFERENCE
BtOdera Nance'
MW Corti mOn NUMW. M anfr: '
Certification Expfttlon Oats
ChWA APPropriate ®ox.
@Itdar CIWes
8~1 a a Jolat
slider I a a JOWA ,
8lddar r a
BtpNfiasM.
Venbi"
Ventura •
Certified
lJ�fion of
138E Q
88EsO .
68E M > 51% ❑
138E < 51%
HIDE
WE.0
ME -51% 0
ME -51% 0
OoW PJM V* Of aid •
WOE ❑
W8E • s 61% ❑:
tNBE < St% (�
>25,000 <75,000
10.0%
7.50%
5.0%
3.75%
75,000 <125,000
5.0%
3.75%
2.50%
1.25%
125,0 00 < 250,000
4.0%
3.00%
2.00%
1.00%
_
250,000 <500,000
3.0%
2.25%
1.50%
0.75%
500,000<1,000,000
20°6
1.50%
1.00%
0.50%
1,000,000<2,000,000 .1.0%
0.75% 0.50% 0.25%
If Bidder is claiming Significant Utilization attach DBED Form 106 or DBED tetter
issued pursuant to A.3.c.of Administrative
Orders 3-3,3-17 or 3-18.
*All joint ventures must be approved by DBED prior to bid submission..
DBED Foran 105
�r 913
SIGNIFICANT UTILIZATION
of BLACK, and/or HISPANIC and/or WOMEN BUSINESS ENTERPRISES
Check Applicable
Contract TMIe:
comad No.
Dates
e -w s own wm"a =um nR pwmmx w mv porerrnrenm Taos. genoer or amsaswas.
I Prior 24 M anths
JOSE.mWor RM andlor WBE Arrmm Centrad M&Yr
Totefs LL_
Bidder's total pusses d good's and services in prior 24 ..mm m s
Bidders total purdhases d goods and services in Dads county in the prior 241 mft
Yar O@Wf& Bab steer MBEs nd or VVB& in iar ii ig aP
Nota: 816ders May subndt addMlonsl rAdence In vWfeascraMe mar w fttfty babove demonstrates irrfttsftm,
Deear" arty syslanac efforts to sknki to disairrrwion against 88Et andW HBEs and Jar WBEs in your pradsea ft oPertfb
1 tartly that the represerft6we shave era to the best of my kr4wkd" true and accurate.
AUTHORIM SIGN—AMRrm OF SiDDER
PFUNT NAME
TITLE
COMPANY
TELEPHONE DATE
DBED Farm S 3
Successful bidders on projects with subcontractor goals must file Thireport.MONTHLY UTILIZATION REPQRT
sanctions on the successful bidder, In addition to pursuing any other avlallable legalure 10 ' remedy. Sy may anctions on maIn MDC tey Include hemencing rsusee suspension to Impose
I — — of any payment or part thereof, termination or cancellation of the contract, and the denial to participate In any further contracts lon
Rep"ng Period awarded by MDC.
From: To:
BOE Subcontract Goal: %
NBE S be
U ontract Goal• % WOE §ubcontracl GoaC,_.___%
Amount of Requisition this Period: i
Told Amount Requlsllloned to Date: _
Tolat Amount Received by Prime to Date: S
Amount f Giqulsilioned foi BBE S'
Total Amount Requisitioned for BBE Subsconlractors to Date:$ '
Amount Requisitioned for HOE Subcontractors this Period:
Total Amount Requlsifloned for HOE Subscontraclors to Date:$
Amount Requisitioned for WAs: na.w......es_e__ .,_ .
TWO —
e ep ons
Pape_...' . of
[7
I
MONTHLY EMPLOYMENT DATA REPORT
Name of Contract
Name of Successful Bidder Contract Number
Address Reporting Period
From
To
1 his report Is required by Metropolitan Dade County. Th® Successful Bidder holding a contract containing any Contract
)asures MUST'submit Monthly Employment Data Report monthly. Failure to comply may result In MDC commencing proceedings
to Impose sanctions on the successful bidder, in addlUon.to pursuing any other siailable legal remedy. Sanctions may Include
the suspension of any payment or part thereof, termination or cancellation of the, contract, and the denial to participate In any
further contracts awarded by MDC.10
Autho ized Signature P 11 Name
---Date
TIUe a ep one
Paps of
M•201
r:
111
Autho ized Signature P 11 Name
---Date
TIUe a ep one
Paps of
M•201
r:
0
BID NO.: 0628 -2/02 -OTR -CW
*rACHMENT "A"
CONTRACT AWARD Sd3�E°i
COURT REPORTING SERVICES
CONTRACT PERIOD: December 1, 1998 thru November 30, 2000
COMMODM CODE: 961-24
F.F..I N.
VENDOR:
STREET:
CIZY/STATE01L1:
F.O B. TERMS:
PAYAPIN T TERMS:
DELIVERY:
PHONE:
FAX:
CONTACT:
Fx-LN.
i
VENDOR.-
STREET:
ENDOR:STREET:
CrN/STATEMP:
F.O.B. TERMS:
PAYMENT TEiZAiiS:
DELIVERY:
PHONE:
FAX:
CONTACT:
F.E.Y.Ir.
VENDOR
STREET:
CITY/STATElLIP.
F.O.B. TERMS:
PAYMENT TERMS:
DELIVERY:
PHONE:
FAX
CONTACT:
65-0596819
Metro Dade Court Repam, I=
19 West Flagler Street
Mums, Florida 33130
Destinatim
Net 30
As Required
(305) 373-5600
(305) 373-5008
Lorena RAM0s-Maloof
59-2088793
Ofl�icial RePortiagfoci,
ioe, Ins.
S24 S. Andrew Avemp, #1WN
Ft Lauderdale, Fiore 33301-2845
Desdnxdm
2% 20 Net 30
Ais wired
) 467-8204
(954) 467-8214
Patrice C. Brims
59-233I373
Jessica R Berman It Anocialm Imo.
190 Ives Dairy Road,0200
Miami, Florida 33179
Destination
2% 20 Net 30
As Required .
(305) 6S 1-4550
(305) 6S2-2809
Jessica DtM /Ivy Milian
(Previous Bid No: N!A) .
OTR YEARS: N/A
COURT REPORTJNG SERVICES FOR VALUE ADJU TMZ NT BOARDMODE
ENFORClE11ENt bNn AND 0T1 DEI'A±L' '8
00- 913
(Bold items demotes cbanges)
17F AWSQUPT COSTS
1. Morning Sessions (8:00 &m. —1:00 p.m.)
S 12.3.00/per session
Z. ARsrnoca Sessions (1:00 p.m. — 5:00 p.m.)
5125.00/per session
3. Evening Sessions (5:00 p.m. — 10:00 p.m.)
S 150.00/per session
Three (3) hours or less
S 35.00/per hour
T'hm (3) !sours of amts (not to exceed 5 brs.)
S 35.00/per boor
Homos afosr 10:00 pan.
S 75.00/per hour
(Bold items demotes cbanges)
17F AWSQUPT COSTS
Cost per criiiaal page and one copy
65.00
cost per Traascrapaons (sa oeftwon wadwo
IBM== — OVERiJItrHT MLV0K VALLY
S5.00/per iW
SERVICE:
Cost per ongiw page
S7AO/per page
Coes per original Palle and one copy
58.00
Cost per Transaipdoas
9R= II N=O DAD COURT RZF0FAM B fPRIl1u�PY1
S7.00/per page
COUR'4' RFXORTI2ITG SERVICU FOR T= BOARD OF COUXIT coboamorms
V1. Moeaiag Sea:ioas (8:00 a.m. —1:00 p.tn.)
580.00/pa sasian
2. Afaraoon Scuiuns (1:00 p.m. — 5:00 p.m)
S8O.00lpW
3. Evening Sessions (5:00 p.m. —10:00 pan.)
sl 00. OOlpar aeaaiom
Three (3) bons or less
S60.00/per session
Thme (3) bolas or mom (not to exceeQ 5 bra.)
$80.00/per iut,
Rous after 10:00 pan.
TRANSCRZZLOM
S20.00/per hoar
rna w Mvenal page and one•copa
5320
V,Nllej 111444LOIJ dffAlVAXVi .r W.V1 I07X-4 .: y:4 is
Cost per original page
Cost per original page and one copy
S6 WW page
$6.00
OROUF n JE9S��FMAN & ALVQATES WZCOND
,,,COURT REPORTING Sb:Kv1LLSc FOR TSS BOARD OF COUNTY CO?d II3W0NZRS
Morning Sessions (8:00 am —1:00 pan.) S 130.00/per SWUM
2. Afternoon Sessions (1:00 p.m. — SAO pm) S 110.00per sasim
3. Eming Sessions (5:00 p.m. —10:00 p.m.) S300.00/per session
00- 913
ITEM: Court Reporting Services
DEPARTMENT: Office of Hearing Boards
TYPE OF PURCHASE: Short Term
REASON: The Office of Hearing Boards needs to secure a
contract for court reporting services for monthly
board hearings of Code Enforcement, Planning
Advisory, Zoning, and Nuisance Abatement.
RECOMMENDATION: It is recommended that the award be made to
Various: Vendors, for the provision of court
reporting services, awarded under an existing Miami -
Dade County Contract No. 0628 -2/02 -OTR -CW,
effective October 1, 2000 through September 30,
2001, subject to any extensions thereto, for the
Office of Hearing Boards, for a proposed total
annual amount. not to exceed $13,246; allocating
funds therefore from the Office of hearing Boards,
Account Code No. 001000.820101.6.289.
Award Under Dade County Contracts
udy S.