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HomeMy WebLinkAboutMiami-Dade County Invitation to BidBID NO.: 7831-0/13 OPENING: 2:00 P.M. WEDNESDAY, MAY 25, 2011 MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID TITLE: PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: CATALOGUE AND LISTS• EQUIPMENT LIST: INDEMNIFICATION/INSURANCE- PRE-BID CONFERENCE/WALK-THRU: SMALL BUSINESS ENTERPRISE MEASURE: N/A N/A SEE SECTION 2, PARAGRAPH 2.11 N/A . SEE SECTION 2, PARAGRAPH 2.2 SAMPLES/INFORMATION SHEETS: SITE VISIT: USER ACCESS PROGRAM: WRITTEN WARRANTY: N/A SEE SECTION 2, PARAGRAPH 2.8 SEE SECTION 2, PARAGRAPH 2.21 SEE SECTION 2, PARAGRAPH 2.26 FOR INFORMATION CONTACT: Roma Campbell, Procurement Contracting Officer 1, at 305-375-3233, or Via e-mail rcamp@miamidade.gov IMPORTANT NOTICE TO BIDDERS: MIAMI-DADE COUNTY DEPARTMENT OF PROCUREMENT MANAGEMENT FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE ON PAGE 21 OF SECTION 4, BID SUBMITTAL FORM SHALL RENDER THE VENDOR INELIGIBLE FOR LOCAL PREFERENCE FAILURE TO SIGN PAGE 21 OF SECTION 4, BID SUBMITTAL FORM WELL RENDER YOUR BID NON -RESPONSIVE MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID Bid Number: 7831-0/13 Purchase, Repair and Maintenance of Physical Fitness Apparatus and Equipment Pre- Qualification Pool Procurement Contracting Officer 1: Roma Campbell Bids will be accepted until 2:00 p.m. on Wednesday, May 25, 2011 Bids will be publicly opened. The County provides equal access and does not discriminate on the basis of disability in its programs or services. It is our policy to make all communication available to the public, including those who may be visually or hearing impaired. If you require information in a non-traditional format please call 305-375-5278. Instructions: The Clerk of the Board business hours are 8:00am to 4:30pm, Monday through Friday. Additionally, the Clerk of the Board is closed on holidays observed by the County. Each Bid submitted to the Clerk of the Board shall have the following information clearly marked on the face of the envelope: the Bidders name, return address, Bid number, opening date of the Bid and the title of the Bid. Included in the envelope shall be an original and two copies of the Bid Submittal, plus attachments if applicable. All Bids received time and date stamped by the Clerk of the Board prior to the bid submittal deadline shall be accepted as timely submitted. The circumstances surrounding all bids received and time stamped by the Clerk of the Board after the bid submittal deadline will be evaluated by the procuring department, in consultation with the County Attorney's Office, to determine whether the bid will be accepted as timely. NOTICE TO ALL BIDDERS: • FAILURE TO SIGN THE BID SUBMITTAL FORM WILL RENDER YOUR BID NON -RESPONSIVE. • THE BID SUBMITTAL FORM CONTAINS IMPORTANT CERTIFICATIONS THAT REQUIRE REVIEW AND COMPLETION BY ANY VENDOR RESPONDING TO THIS SOLICITATION MIAMi-DADE COUNTY BID NO.: 7831-0/13 SECTION 1 GENERAL TERMS AND CONDITIONS 1.1. DEFINITIONS Bid — shall refer to any offer(s) submitted in response to this solicitation. Bidder — shall refer to anyone submitting a Bid in response to this solicitation. Bid Solicitation — shall mean this solicitation documentation, including any and all addenda. Bid Submittal Form — defines the requirement of items to be purchased, and must be completed and submitted with Bid. The Bidder should indicate its name in the appropriate space on each page. County — shall refer to Miami -Dade County, Florida DPM — shall referto Miami -Dade County's Department of Procurement Management. Enrolled Vendor — shall refer to a firm that has completed the necessary documentation in order to receive Bid notifications from the County. Registered Vendor — shall refer to a firm that has completed the Miami -Dade County Business Entity Registration Application and has satisfied all requirements to enter into business agreements with the County. The Vendor Registration Package — shall refer to fhe Business Entity Registration Application. For additional information about on-line vendor enrollment or vendor registration contact the Vendor Assistance Unit at 111 N.W. 1" Street, 13e Floor, Miami, FL 33128, Phone 305-375-5773. Vendors can enroll online and obtainforms to register by visiting our web site at www.miamidade.govldprn 1.2. INSTRUCTIONS TO BIDDERS A. Bidder Qualification It is the policy of the County to encourage Lull and open competition among all available qualified vendors. All vendors regularly engaged in the type of work specified in the Bid Solicitation are encouraged to submit Bids. Vendors may enroll with the County to be included on a notification list for selected categories of goods and services. To be eligible for award of a contract (including small purchase orders). Bidders must become a Registered Vendor. Only Registered Vendors can be awarded County contracts. Vendors are required to register with the County by contacting the Vendor Assistance Unit, The County endeavors to obtain the participation of all qualified small business enterprises. For information and to apply for certification, contact the Department of Small Business Development at 111 N.W. 1 Street, 19"' Floor, Miami, FL 33128-1900, or telephone at 305-375-3111. County employees and board members wishing to do business with the County are referred to Section 2-11.1 of the Miami -Dade County Code relating to Conflict of Interest and Code of Ethics, B. Vendor Registration To be recommended for award the County requires that vendors complete a Miami -Dade County Vendor Registration Package, Effective June 1, 2008, a new Vendor Registration Package, including a Uniform Affidavit Packet (Affidavit form), must be completed by vendors and returned to the Department of Procurement Management (DPM), Vendor Assistance Unit, within fourteen (14) days of notification of the intent to recommend for award. In the event the Vendor Registration Package is not properly completed and returned within the specified.time, the County may in its sole discretion, award to the next lowest responsive, responsible Bidder. The Bidder is responsible for obtaining the Vendor Registration Package, Including all affidavits by downloading from the DPM website at www.miamidade.gov or from the Vendor Assistance Unit at 111 N.W. 1' Street, 13'" Floor, Miami, FL 33128. Bidders are required to affirm that all information submitted with the Vendor Registration Package is current, complete and accurate, at the time they submit a response to a Bid Solicitation, by completing the provided Affirmation of Vendor Affidavit tom). In becoming a Registered Vendor with Miami -Dade County, the vendor confirms its knowledge of and commitment to comply with the following: 1. Miami -Dade County Ownership Disclosure Affidavit (Sec. 2-8.1 of the County Code) -I- 2. Miami -Dade County Employment Disclosure Affidavit (County Ordinance No. 90-133, amending Section 2.8-1(d)(2) of the County Code) 3. Miami -Dade Employment Drug -free Workplace Certification (Section 2-8.1.2(6) of the County Code) 4. Miami -Dade Disability and Nondiscrimination Affidavit (Article 1, Section 2-8.1.5 Resolution R182-O0 Amending R-385-95) 5. Miami -Dade County Debarment Disclosure Affidavit (Section 10.38 of the County Code) 6. Miami -Dade County Vendor Obligation to County Affidavit (Section 2-8.1 of the County Code) 7. Miami -Dade County Code of Business Ethics Affidavit (Article 1, Section 2-8.1(i) and 2-11(b)(1) of the County Code through (6) and (9) of the County Code and County Ordinance No 00-1 amending Section 2-11.1(c) of the County Code) 8. Miami -Dade County Family Leave Affidavit (Article V of Chapter 11 of the County Code) 9. Miami -Dade County Living Wage Affidavit (Section 2-8.9 of the County Code) 10. Miami -Dade County Domestic Leave and Reporting Affidavit (Article 8, Section 11A-60 11A-67 of the County Code) 11. Subcontracting Practices (Ordinance 97-35) 12. Subcontractor/Supplier Listing (Ordinance 97-104) • 13, Environmentally Acceptable Packaging Resolution (R-738-92) 14. W-9 and 8109 Forms The vendor must furnish these forms as required by the Internal Revenue Service. 15. Social Security Number In order to establish a file for your firm, you must provide your firm's Federal Employer Identification Number (FEIN). If no FEIN exists, the Social Security Number of the owner or individual must be provided. This number becomes your "County Vendor Number". To comply with Section 119.071(5) of the Florida Statutes relating to the collection of an individual's Social Security Number, be aware that DPM requests the Social Security Number for the following purposes: • Identification of individual account records • To make payments to individual/vendor for goods and services provided to Miami -Dade County • Tax reporting purposes • To provide a unique identifier in the vendor database that may be used for searching and sorting departmental records 16. Office of the Inspector General Pursuant to Section 2-1076 of the County Code. 17. Small Business Enterprises The County endeavors to obtain the participation of all small business enterprises pursuant to Sections 2-8.2, 2-8.2.3 and 2-8.2.4 of the County Code and Title 49 of the Code of Federal Regulations. 18. Antitrust Laws By acceptance of any contract, the vendor agrees to comply with all antitrust laws of the United States and the State of Florida. C. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the County must comply with the following: Revised 4/18/11 MIAMi-DADE COUNTY BID NO.: 7831-0/13 SECTION 1 GENERAL TERMS AND CONDITIONS Pursuant to Section 287.133(2)(a) of the Florida Statutes, a 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 contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 30 months from the date of being placed on the convicted vendor list. D. Request for Additional Information 1. Pursuant to Section 2-11.1(1) of the County Code, all Bid Solicitations, once advertised and until an award recommendation has been forwarded to the appropriate authority are under the "Cone of Silence". Any communication or inquiries, except for clarification of process or procedure already contained in the solicitation, are to be made in writing to the attention of the Procurement Agent identified on the front page of the solicitation. Such inquiries or request for information shall be submitted to the procurement agent in writing and shall contain the requester's. name, address, and telephone number. If transmitted by facsimile, the request should also include a cover sheet with Bidder's facsimile number. The requestor must also file a copy of this written request with the Clerk of the Board, 111 NW l m Street, 17th Floor, suite 202, Miami, Florida 33128-1983 or email clerkbcc miamidade.gov. 2. The Department of Procurement Management may issue an addendum in response to any inquiry received, prior to Bid opening, which changes, adds to or clarifies the terms, provisions or requirements of the solicitation. The Bidder should not rely on any representation, statement or explanation whether written or verbal, 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, the last addendum issued shall prevail. 3. It is the Bidder's responsibility to ensure receipt of all addenda, and any accompanying documentation, The Bidder is required to submit with its Bid a signed "Acknowledgment of Addenda" form, when any addenda have been issued. E. Contents of Bid Solicitation and Bidders' Responsibilities 1. It is the responsibility of the Bidder 10 become thoroughly familiar with the Bid requirements, terms and conditions of this 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 Bidder. 2. In the event a Bidder wishes to protest any part of the General Conditions, Special Conditions and/or Technical Specifications contained in the Bid Solicitation it must file a notice of protest in writing with the issuing department no later than 48 hours prior to the Bid opening date and hour specified in the solicitation. Failure to file a timely notice of protest will constitute a waiver of proceedings. 3. This solicitation is subject to all legal requirements contained in the applicable County Ordinances, Administrative Orders, and Resolutions, as well as all applicable State and Federal Statutes. Where conflict exists between this Bid Solicitation and these legal requirements, the authority shall prevail in the following order: Federal, State and local. 4. It is the responsibility of the Bidder/Proposer, prior to conducting any lobbying regarding this solicitation to file the appropriate form with the Clerk of the Board statina that a particular lobbyist is authorized to represent the Bidder/Proposer. The Bidder/Proposer shall also tile a form with the Clerk of the Board at the point in time at which a lobbyist is no longer authorized to represent said Bidder/ Proposer. Failure of a Bidder/Proposer to file the appropriate form required, in relation to each solicitation, may be considered as evidence that the Bidder/Proposer is not a responsible contractor. F. Change or Withdrawal of Bids 1. Changes to Bid - Prior to the scheduled Bid opening a Bidder may change its Bid by submitting a new Bid, (as indicated on the cover page) with a letter in writing on the firms letterhead, signed by an authorized agent stating that the new submittal replaces the original submittal. The new submittal shall contain the letter and all information as required for submitting the original Bid. No changes to a Bid will be accepted after the Bid has been opened. 2. Withdrawal of Bid — A Bid shall be irrevocable unless the Bid is withdrawn as provided herein. Only a written letter received by DPM prior to the Bid opening date may withdraw a bid. A bid may also be withdrawn ninety (90) days atter the Bid has been opened and prior to award, by submitting a letter to the contact person identified on the front cover of this Bid Solicitation. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Bidder. G. Conflicts Within The Bid Solicitation Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Section, or any addendum issued, the order of precedence shall be' the last addendum issued, the Bid Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. H. Prompt Payment Terms 1. It is the policy of Miami -Dade County that payment for all purchases by County agencies and the Public Health Trust shall be made in a timely manner and that interest payments be made on late payments. In accordance with Florida Statutes, Section 218.74 and Section 2-8.1.4 of the Miami -Dade County Code, the lime at which payment shall be due from the County or the Public Health Trust shall be torty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. All payments due from the County or the Public Health Trust, and not made within the time specified by This section, shall bear interest from thirty (30) days alter the due date at the rate of one percent (1%) per month on the unpaid balance. Further, proceedings to resolve disputes for payment of obligations shall be concluded by final written decision of the County Manager, or his or her designee(s), not later than sixty (60) days after the date on which the proper invoice was received by the County or the Public Health Trust. 2. The Bidder may offer cash discounts for prompt payments; . however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation, 1.3. PREPARATION OF BIDS A. The Bid submittal form defines requirements of items to be purchased, and must be completed and submitted with the Bid. Use of any other form will result in the rejection of the Bidder's offer. B. The Bid submittal form must be legible. Bidders shall use typewriter, computer or ink. All changes must be crossed out and initialed in Ink. Failure to comply with these requirements may cause the Bid to be rejected. C. An authorized agent of the Bidder's firm must sign the Bid submittal form. FAILURE TO SIGN THE BID SUBMITTAL FORM SHALL RENDER THE BID NON -RESPONSIVE. D. The Bidder may be considered non -responsive if bids are conditioned to modifications, changes, or revisions to the terms and conditions of this solicitation. E. The Bidder may submit alternate Bid(s) for the same solicitation provided that such offer is allowable under the terms and conditions. The alternate Bid must meet or exceed the minimum requirements and be submitted on a separate Bid submittal marked "Alternate Bid". F. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. G. An optional electronic submittal shall not be considered a part of the bid if It differs in any respect from the required manual submittal in the original hard copy. 1.4. CANCELLATION OF BID SOLICITATION Miami -Dade County reserves the right 10 cancel, in whole or in part, any Invitation to Bid when it is in the best interest of the County. Revised 4/18/11 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 1 GENERAL TERMS AND CONDITIONS 1.5. AWARD OF BID SOLICITATION A. This Bid may be awarded to the responsible Bidder meeting all requirements as set forth in the solicitation. The County reserves the right to reject any and all Bids, to waive irregularities or technicalities and to re -advertise for all or any part of this Bid Solicitation as deemed in its best interest. The County shall be the sole judge of its best interest B. When there are multiple line items in a solicitation, the County reserves the right to award on an individual item basis, any combination of items, total low Bid or In whichever manner deemed in the best interest of the County. C. The County reserves the right to reject any and all Bids if it is determined that prices are excessive, best offers are determined to be unreasonable, or it is otherwise determined to be in the County's best interest to do so. D. The County reserves the right to negotiate prices with the low bidder, provided that the scope of work of this solicitation remains the same. E. Award of this Bid Solicitation will only be made to firms that have completed the Miami -Dade County Business Entity Registration Application and that satisfy all necessary legal requirements to do business with Miami -Dade County. Firms domiciled in Miami - Dade County must present a copy of their Miami -Dade County issued Local Business Tax Receipt. F. Pursuant to County Code Section 2-8.1(g), the Bidder's performance as a prime contractor or subcontractor on previous County contracts shall be taken into account in evaluating the Bid received for this Bid Solicitation. G. To obtain a copy of the Bid tabulation, Bidder(s) shall enclose an appropriately sized self-addressed stamped envelope or make a request by e-mail. Bid results will not be given by telephone or facsimile. H. The Bid Solicitation, any addenda and/or properly executed modifications, the purchase order, and any change order(s) shall constitute the contract. I. In accordance with Resolution R-1574-88, the Director of DPM will decide all tie Bids. J. Award of this Bid may be predicated on compliance with and submittal of all required documents as stipulated in the Bid Solicitation. K. The County reserves the right to request and evaluate additional information from any bidder after the submission deadline as the County deems necessary. 1.6. CONTRACT EXTENSION A. The County reserves the right to exercise its option to extend a contract for up to one hundred -eighty (180) calendar days beyond the current contract period and will notify the contractor in writing of the extension. B. This contract may be extended beyond the initial one hundred - eighty (180) day extension period upon mutual agreement between the County and the successful Bidder(s) upon approval by the Board of County Commissioners. 1.7. WARRANTY All warranties express and implied, shall be made available to the County for goods and services covered by this Bid Solicitation. All goods furnished shall be fully guaranteed by the successful Bidder against factory defects and workmanship. At no expense to the County, the successful Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Special Conditions of the Bid Solicitation may supersede the manufacturer's standard warranty. 1.8. ESTIMATED QUANTITIES Estimated quantities or dollars are for Bidder's guidance only: (a) estimates are based on the County's anticipated needs and/or usage during a previous contract period and; (b) the County may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this contract under the Joint Purchase portion of the County User Access Program (UAP) described in Section 2.21 of this contract solicitation and the resulting contract, if that section is present in this solicitation document. No guarantee is expressed or implies as to quantities or dollars that will be used during the contract period. The County is not obligated to place any order for the given amount subsequent to the award of this Bid Solicitation. 1.9. NON -EXCLUSIVITY It Is the intent of the County to enter into an agreement with the successful Bidder that will satisfy its needs as describe herein. However, the County reserves the right as deemed in its best interest to perform, or cause to be performed, the work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to: award of other contracts, use of any contractor, or perform the work with Its own employees. 1.10. LOCAL PREFERENCE The evaluation of competitive bids is subject to Section 2-8.5 of the Miami -Dade County Code, which, except where contrary to federal and state law, or any other funding source requirements, provides that preference be given to local businesses. A local business shall be defined as: 1. a business that has a valid Local Business Tax Receipt, issued by Miami -Dade County at least one year prior to bid or proposal submission, that is appropriate for the goods, services or construction to be purchased; 2. a business that has physical business address located within the limits of Miami -Dade County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address; and 3. a business that contributes to the economic development and well-being of Miami -Dade County in a verifiable and measurable way. This may include but not be limited to the retention and expansion of employment opportunities and the support and increase in the County's tax base. To satisfy this requirement, the vendor shall affirm in writing its compliance with either of the following objective criteria as of the bid or proposal submission date stated in the solicitation: (a) vendor has at least ten (10) permanent full time employees, or part time employees equivalent to 10 FTE ("full-time equivalent' employees working 40 hours per week) that live in Miami -Dade County, or at least 25% of its employees that live In Miami -Dade County, or (b) vendor contributes to the County's tax base by paying either real property taxes or tangible personal property taxes to Miami -Dade County, or (c) some other verifiable and measurable contribution to the economic development and well-being of Miami -Dade County. When there is a responsive bid from a Miami -Dade local business within 10% of the lowest price submitted by a responsive non -local business, the local business and the non -local low bidder shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local business. At this time, there is an interlocal agreement in effect between Miami - Dade and Broward Counties until September 2011. Therefore, a vendor which meets the requirements of (1), (2) and (3) above for Broward County shall be considered a local business pursuant to this Section. 1.11. CONTINUATION OF WORK Any work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the County and the successful Bidder, continue until completion at the same prices, terms and conditions. 1.12. BID PROTEST A. A recommendation for contract award or rejection of award may be protested by a Bidder in accordance with the procedures contained in Sections 2-8.3 and 2-8.4 of the County Code, as amended, and as established in Administrative Order No.3-21, B. A written intent to protest shall be filed with the Clerk of the Revised 4/18/11 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 1 GENERAL TERMS AND CONDITIONS 1.13. RULES, REGULATIONS AND LICENSES The successful Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this Bid Solicitation. The Bidder shall comply with all federal, state and local laws that may affect the goods and/or services offered. 1.14. PACKAGING Unless otherwise specified In the Special Conditions or Technical Specifications, all containers shall be suitable for shipment and/or storage and comply with Resolution No. 738-92. • 1.16. SUBCONTRACTING Unless otherwise specified In this Bid Solicitation, the successful Bidder shall not subcontract any portion of the work without the prior written consent of the County. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the County may result in termination of the contract for default. When Subcontracting is allowed the Bidder shall comply with County Resolution No. 1634-93, Section 10-34 of the County Code and County Ordinance No. 97-35. 1.16. ASSIGNMENT The successful Bidder shall not assign, transfer, hypothecate, or otherwise dispose of this contract, including any rights, title or interest therein, or Its power to execute such contract to any person, company or corporation without the prior written consent of the County. 1.17. DELIVERY Unless otherwise specified in the Bid Solicitation, prices quoted shall be F.O.B. Destination. Freight shall be included in the proposed price. 1.18. RESPONSIBILITY AS EMPLOYER The employee(s) of the successful Bidder shall be considered to be at all times Its employee(s), and not an employee(s) or agent(s) of the County or any of Its departments. The successful Bidder shall provide competent and physically employee(s) capable of performing the work as required. The County may require the successful Bidder to remove any employee It deems unacceptable. All employees of the successful Bidder shall wear proper Identification. 1.19: IN DEMNIFICATION 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, sults, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or Its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses In connection therewith, and shall Investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, Judgments, and attomey's fees which may be incurred 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. 1.20. COLLUSION A contractor recommended for award as the result of a competitive solicitation for any County purchases of supplies, materials and services (including professional services, other than professional architectural, engineering and other services subject to Sec. 2-10.4 and Sec. 287,055 Fla Stats.), purchase, lease, permit, concession or management agreement shall, within five (5) business days of the filing of such recommendation, submit an affidavit under the penalty of perjury, on a form provided by the County: stating either that the contractor Is not related to any of the other parties bidding in the competitive solicitation or identifying ail related parties, as defined in this Section, which bid in the solicitation; and attesting that the contractor's proposal is genuine and not sham or collusive or made In the Interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other proposer to put In a sham proposal, or any other person, firm, or corporation to refrain from proposing, and that the proposer has not In any manner sought by collusion to secure to the proposer an advantage over any other proposer. In the event a recommended. contractor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award unless that presumption Is rebutted In accordance with the provisions of Sec. 2-8.1.1. Any person or entity that fails to submit the required affidavit shall be ineligible for contract award. A. The Collusion Affidavit will be Included In all solicitations and will be requested from bidders/proposers once bids/proposals are received and evaluated. B. Failure to provide a Collusion Affidavit within 5 business days after the recommendation to award has been filed with the Clerk of the Board shall be cause for the contractor to forfeit their bld bond. 1.21. MODIFICATION OF CONTRACT The contract may be modified by mutual consent, in writing through the issuance of a modification to the contract, purchase order, change order or award sheet, as appropriate. 1.22.TERMINATION FOR CONVENIENCE The County, at Its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon 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 prior to notice of termination. The County shall be the sole judge of "reasonable costs." - 1.23. TERMINATION FOR DEFAULT The County reserves the right to terminate this contract, in part or In whole, or place the vendor on probation in the event the successful Bidder falls to perform in accordance with the terms and conditions stated herein. The County further reserves the right to suspend or debar the successful Bidder in accordance with the appropriate County ordinances, resolutions and/or administrative orders. The vendor will be notified by letter of the County's Intent to terminate. In the event of termination for default, the County may procure the required goods and/or services from any source and use any method deemed In Its best Interest. All re -procurement cost shall be borne by the successful Bidder. 1.24. FRAUD AND MISREPRESENTATION Pursuant to Section 2-8.4.1 of the Miami -Dade County Code, any ihdividual, corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, may be debarred for up to five (5) years. The County as a further sanction may terminate or cancel any other contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, Including attorney's fees. 1.25. ACCESS TO RECORDS The County reserves the right to require the Contractor to submit to an audit by Audit and Management Services, the Commission Auditor, or other auditor of the County's choosing at the Contractor's expense. The Contractor shall provide access to all of Its records, which relate directly or indirectly to this Agreement at Its place of business during regular business hours. The Contractor shall retain all records pertaining to this Agreement and upon request make them available to the County for three years following expiration of the Agreement. The Contractor agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 1.26 OFFICE OF THE INSPECTOR GENERAL Miami -Dade County has established the Office of the Inspector General, which Is authorized and empowered to review past, present, and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require -IV- Revised 4/18/11 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 1 GENERAL TERMS AND CONDITIONS the production of records and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all County contracts. The cost of random audits shall be incorporated into the contract price of all contracts and shall be one quarter (1/4) of one (1) percent of the contract price, except as otherwise provided in Section 2-1076 of the County Code. 1.27 PRE -AWARD INSPECTION 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 is capable of performing the requirements of this bid solicitation. 1.28 PROPRIETARY/CONFIDENTIAL INFORMATION Proposers are hereby notified that all information submitted as part of, or in support of bid submittals will be available for public inspection after opening of bids in compliance with Chapter 119 of the Florida Statutes; popularly known as the "Public Record Law." The proposer shall not submit any Information In response to this solicitation, which the proposer considers to be a trade secret, proprietary or confidential. The submission of any information to the County in connection with this solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to the proposer. In the event that the proposer submits information to the County In violation of this restriction, either inadvertently or intentionally and clearly identifies that information in the bid as protected or confidential, the County may, in its sole discretion, either (a) communicate with the Proposer In writing in an effort to obtain the Proposers withdrawal of the confidentiality restriction or (b) endeavor to redact and return that information to the Proposer as quickly as possible, and if appropriate, evaluate the balance of the proposal. The redaction or return of Information pursuant to this clause may render a proposal non -responsive. 1.29. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy, security and electronic transfer standards that include but are not limited to: 1. Use of information only for performing services required by the contract or as required by law; 2. Use of appropriate safeguards to prevent non -permitted disclosures; 3. Reporting to Miami -Dade County of any non -permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that iIHI/PHI will be held confidential; 5. Making Protected Health Information (PHI) available to the customer; 6. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making internal practices, books and records related to PHI available to Miami -Dade County for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of Its privacy Information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.30. CHARTER COUNTY TRANSIT SYSTEM SALE SURTAX When proceeds from the Charter County Transit System Sales Surtax levied pursuant to Section 29.121 of the Code of Miami -Dade County are used to pay for all or some part of the cost of this contract, no award for those portions of a Blanket Purchase Order (BPO) utilizing -V- Charter County Transit System Sales Surtax funds as part of a multi - department contract, nor a contract utilizing Charter County Transit System Surtax funds shall be effective and thereby give rise to a contractual relationship with the County for purchases unless and until both the toftowing have occurred: 1) the County Commission awards the contract, and such award becomes final (either by expiration of 10 days after such award without veto by the Mayor, or by Commission override of a veto); and, 2) either, i) the Citizens' Independent Transportation Trust (CITT) has approved inclusion of the Surtax funding on the contract, or, -II) In response to the CITT's disapproval, the County Commission reaffirms award of the contract by two-thirds (2/3) vote of the Commission's membership and such reaffirmation becomes final. Notwithstanding the other provisions of Section 1.30, award of an allocation for services in support of the CITT's oversight which does not exceed $1000 will not require Commission or CITT approval and may be awarded by the Executive Director of the CCITT 1.31 LOBBYIST CONTINGENCY FEES A) In accordance with Section 2-11.1(s) of the Code of Miami -Dade County, after May, 16, 2003, no person may, In whole or In part, pay, give or agree to pay or give a contingency fee 10 another person. No person may, in whole or in part, receive or agree to receive a contingency fee. B) A contingency fee is a fee, bonus, commission or non -monetary benefit as compensation which Is dependant on or In any way contingent upon the passage, defeat, or modification of: 1) any ordinance, resolution, action or decision of the County Commission; 2) any action, decision or recommendation of the County Manager or any County board or committee; or 3) any action, decision or recommendation of any County personnel during the time period of the entire decision -making process regarding such action, decision or recommendation which forseeably will be heard or reviewed by the County Commission or a County board or committee. 1.32 COMMISSION AUDITOR — ACCESS TO RECORDS Pursuant to Ordinance No. 03-2, all vendors receiving an award of the contract resulting from this solicitation will grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased In whole or In part with government funds. Revised 4/18/11 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL 2.1 PURPOSE: The purpose of this solicitation is to establish a contract for the purchase, repair and maintenance of physical fitness apparatus and equipment (gym equipment) in conjunction with the needs of Miami -Dade County. The successful bidder(s) shall provide equipment primarily for the Miami - Dade Aviation, Miami -Dade Fire Rescue and Miami -Dade Police departments. In addition,the successful bidder shall provide repair and maintenance services for the physical fitness apparatus and equipment (gym equipment) as needed by County departments. This initial solicitation provides for the submission of documents and forms intended to verify that the vendor meets or exceeds the minimum criteria set forth elsewhere in this solicitation. All vendors who meet or exceed the criteria established in this solicitation will be placed on a Pre -Qualification List that may be accessed by County departments for the purchase and/or maintenance and repair of gym equipment. 2.2 SMALL BUSINESS CONTRACT MEASURES FOR SOLICITATIONS GREATER THAN $50,000 (Bid Preference): A Small Business Enterprise (SBE) bid preference applies to this solicitation. A 10% percent bid preference shall apply to contracts valued up to $1 million and a 5% percent bid preference shall apply to contracts greater than $1 million. A SBE/Micro Business Enterprise must be certified by the Department of Small Business Development (SBD) for the type of goods and/or services the Enterprise provides in accordance with the applicable Commodity Code(s) for this solicitation. For certification information, contact the Department of Small Business Development at 305-375-CERT (2378) or access Miami -Dade County - Small Business Development - Certification Process The SBE/Micro Business Enterprise must be certified by bid submission deadline, at contract award and for the duration of the contract to remain eligible for the preference. 2.3 PRE -BID CONFERENCE: INTENTIONALLY OMITTED 2.4 TERM OF CONTRACT: TWO (2) YEARS: This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter which is distributed by the County's Department of Procurement Management, and contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the last month of the two (2) year contract term. 1 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL 2.5 OPTION TO RENEW: INTENTIONALLY OMITTED 2.6 METHOD OF AWARD USING PRE -QUALIFICATION AND SUBSEQUENT SPOTMARKET PROCEDURES: 2.6.1 Award of this contract will be made to all responsive, responsible vendors who meet the minimum qualifications set forth in this solicitation. 2.6.2 The minimum qualifications for vendors are as follows: a. Bidders shall provide written evidence of being an authorized manufacturer/distributor for the manufacturer brands specified in Section 3, Paragraph 3.2. This evidence must be in the form of a letter from the manufacturer statingthat the bidder is knowledgeable of the products and items offered and is authorizing the bidder to distribute, repair, and or service the specific brands listed. b. The vendor must provide the pertinent contact information including the contact name, phone number, fax number, and email address for those parties responsible for responding to Request for Quotations and communications sent from Miami - Dade County. c. The vendor must provide an emergency contact name, phone number, and e-mail address to respond to communication sent from Miami -Dade County. 2.6. 3 The awarded vendors will comprise a pool of prequalified vendors who will be invited to participate in spot market purchases, when required by various County departments. When such requirements are'identified, the prequalified vendors shall be invited to offer a fixed, delivered price for the specific individual purchase or a specific purchasing period. The vendor offering the highest percentage discount or the lowest fixed price for the required item/manufacturer !brand shall be awarded the order for a specific period or specific purchase. The award of that order to one vendor does not preclude the ability of the remaining pre -qualified vendors from submitting spot market offers for other specific purchases. 2.6.4 Spot market pricing procedures may be initiated by either the using County department or by Department of Procurement Management. In general, written spot market quotes will be gathered from all prequalified vendors whenever possible. 2.6. 5 It shall be the sole prerogative of the County as to the number of vendors who will be included under this contract; During the term of this contract, the County reserves the right to add or delete vendors as it deems necessary in its best interests. If the County 2 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 ! SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT 'PRE -QUALIFICATION POOL elects to add vendors, the vendors must meet the same minimum qualifications established for the original competition. 2.7 PRICES/DISCOUNTS SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the vendor is awarded a contract under this solicitation, the prices/discounts proposed by the vendor shall remain fixe and firm during the term of contract. However, during the contract term thevendor may offer the County additionaldiscounts and price rebatesfor selected purchases 2.8 EXAMINATION OF COUNTY FACILITIES AND INSPECTION OF COUNTY EQUIPMENT RECOMMENDED: Prior to submitting its offer it is advisable that the vendor visit the sites of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required. The vendor is also advised to examine carefully the drawings and- specifications and to become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. For site visitation appointment and for any additional information required regarding the specifications and requirements of this bid please contact the following Departments liaisons: Aviation Department representative Carlos Chang at 305-876-7542, Police Department representative Laura Romano at 305-471-2596 and Fire Department representative Armando Corbett at 786-331-4241. Prior to submitting its offer it is advisable that the vendor inspect the equipment and become familiar with any conditions which may in any manner affect the service to be performed or affect the equipment, materials and labor required. The vendor is also advised to examine carefully any drawings and specifications and to become thoroughly informed regarding any and all conditions and requirements that, may in any manner affect the service to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. For an appointment to inspect the equipment, and/or for any additional information required regarding the specifications and requirements of this solicitation, contact the Departments representatives listed! above. Vendors are advised that all appointments and inquiries during the bidding period are subject to the Cone of Silence. 2.9 EQUAL PRODUCT: INTENTIONALLY OMITTED 2.10 LIQUIDATED DAMAGES: INTENTIONALLY OMITTED 3 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL 2.11 INDEMNIFICATION AND INSURANCE (1) - GENERAL SERVICE AND MAINTENANCE CONTRACT: 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, judgment's, 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 the ; Vendor Assistance Section, Department of Procurement Management, Administration Division, 111 NW 1st Street, Suite 1300, Miami, Florida 33128, 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. General 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. Miami -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. 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 `B" as to management, and no less than "Class V" as to financial strength, by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject o the approval of the County Risk Management Division. 4 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL 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 Financial Services and are members of the Florida Guaranty Fund. Certificates will .indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. NOTE: MIAMI-DADE COUNTY SOLICITATION NUMBER AND TITLE OF SOLICITATION MUST APPEAR ON EACH CERTIFICATE. CERTIFICAIh HOLDER MUST READ: MIAMI-DADE COUNTY 111 NW 1' STREET SUITE, 2340 MIAMI, FL 33128 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. The vendor shall submit a certificate of insurance within ten (10) business days after notification of recommendation to award. If certificate does not include the coverages outlined in the terms and conditions of this solicitation, the vendor shall be given an additional five (5) business days to submit a corrected certificate to the County. Failure of the vendor to provide the required certificate of insurance within fifteen (15) business days, may result in the vendor being deemed non -responsible and the issuance of a new award recommendation. The vendor shall be responsible for assuring that the insurance certificate 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 vendor in accordance with Section 2, Paragraph 2.5 of this solicitation. If insurance certificates are scheduled to expire during the contractual period, the vendor 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 solicitation; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendars days, the County may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the vendor in accordance with Section 1, Paragraph 1.23 of this solicitation. 5 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL 2.12 BID GUARANTY: INTENTIONALLY OMITTED 2.13 PERFORMANCE BOND: INTENTIONALLY OMITTED 2.14 CERTIFICATIONS: INTENTIONALLY OMITTED 2.15 METHOD OF PAYMENT: The vendor(s) shall submit an invoice(s) to the County user department(s) after purchase and or repair/maintenance has been completed, whether the specific item(s) were picked up by authorized County personnel or delivered to the site by the vendor. In addition to the general invoice requirements set forth below, the invoices shall reference the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of the County user department at the time the items were delivered and accepted. Submittal of these periodic invoices shall not exceed thirty (30) calendar days from the delivery of the items. Under no circumstances shall the invoices be submitted to the County in advance of the delivery and acceptance of the items. All invoices shall contain the following basic information: a. Vendor Information: • The name of the business organization as specified on the contract between Miami -Dade County and vendor • Date of invoice • Invoice number • Vendor's Federal Identification Number on file with. Miami -Dade County b. County Information: Miami -Dade County Release Purchase Order or Small Purchase Order Number c. Pricing Information: • Unit price of the goods, services or property provided Extended total price of the goods, services or property Applicable discounts d. Goods or Services Provided per Contract: 6 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL • Description Quantity e. Delivery Information: Delivery terms set forth within the Miami -Dade County Release Purchase Order Location and date of delivery of goods, services or property f. Failure to Comply: Failure to submit invoices in the prescribed manner will delay payment. 2.16 SHIPPING TERMS: F.O.B. DESTINATION: All vendors shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized County representative. 2.17 DELIVERY REQUIREMENTS: The delivery requirements for each specific order will be specified at the time of spot market quotations. 2.18 BACK ORDER DELAYS IN DELIVERY SHALL NOT BE ALLOWED: The County shall not allow any late deliveries attributed to product back order situations under this contract. Accordingly, the vendor is required to deliver all items to the County within the time specified in the request; and no grace period on account of back order situations shall be honored, unless written authorization is issued by the user department, and a new delivery date is mutually established. In the event that the vendor fails to deliver the products within the time specified, the County reserves the right to cancel the order, seek the items from another vendor, and charge the incumbent vendor for any re -procurement costs. If the vendor fails to honor these re -procurement costs, the County may terminate the vendor from the contract for default. 2.19 WARRANTY SHALL BE ONE YEAR FROM DATE OF ACCEPTANCE: 2.19.1 Type of Warranty Coverage Required (minimum one (1) year) a. In response to quotation requests, the vendor shall provide a copy of its written warranty certificates with its initial offer, or upon request from the County. Failure to meet this requirement may result in the offer being rejected. The warranty supplied 7 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL by the vendor shall remain in force for the full period identified by the vendor; regardless of whether the vendor is under contract with the County at the time of defect. Any payment by the County on behalf of the goods or services received from the vendor does not constitute a waiver of these warranty provisions. The vendor's warranty must be for a minimum of one (1) year. b. In addition to all other warranties that may be supplied by the vendor, the vendor shall warrant all items and/or service against faulty labor and/or defective material for a minimum of one (1) year after the date of acceptance of the goods by the County. This warranty requirement shall remain in force for the full one year period; regardless of whether the bidder is under contract with the County at the time of defect. Any payment by the County on behalf of the goods received from the bidder does not constitute a waiver of these warranty provisions. 2.19.2 Correcting Defects Covered Under Warranty a. The vendor shall be responsible for promptly correcting any deficiency, at no cost to the County, within seven (7) calendar days after the County notifies the vendor of such deficiency in writing. If the vendor fails to correct the deficiency within the time specified, the County may (a) place the vendor in default of its contract, and/or (b) procure the products or services from another source and charge the vendor for any additional costs that are incurred by the County for this services or items; either through a credit memorandum or through invoicing. 2.20 CONTACT PERSON: For any additional information regarding the terms and conditions of this solicitation and resultant contract, please contact: Roma Campbell at (305) 375-3233 or via email at rcamp@miamidade„goy . 2.21 COUNTY USER ACCESS PROGRAM (UAP): User Access Fee Pursuant to Miami -Dade County Budget Ordinance No. 03-192, this contract is subject to a user access fee under the County User Access Program (UAP) in the amount of two percent (2%). All sales resulting from this contract, or any contract resulting from this solicitation and the utilization of the County contract price and the terms and conditions identified herein, are subject to the two percent (2%) UAP. This fee applies to all contract usage whether by County Departments or by any other governmental, quasi -governmental or not -for -profit entity. 8 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL The vendor providing goods or services under this contract shall invoice the contract price and shall accept as payment thereof the contract price less the 2% UAP as full and complete payment for the goods and/or services specified on the invoice. The County shall retain the 2% UAP for use by the County to help defray the cost of the procurement program. Vendor participation in this invoice reduction portion of the UAP is mandatory. Joint Purchase Only those entities that have been approved by the County for participation in the County's Joint Purchase and Entity Revenue Sharing Agreement are eligible to utilize or receive Miami -Dade County contract pricing and terms and conditions. The County will provide to approved entities a UAP Participant Validation Number. The vendor must obtain the participation number from the entity prior to filling any order placed pursuant to this section. Vendor participation in this joint purchase portion of the UAP, however, is voluntary. The vendor shall notify the ordering entity, in writing, within 3 work days of receipt of an order, of a decision to decline the order. For all ordering entities located outside the geographical boundaries of Miami -Dade County, the successful vendor shall be entitled to ship goods on an "FOB Destination, Prepaid and Charged Back" basis. This allowance shall only be made when expressly authorized by a representative of the ordering entity prior to shipping the goods. Miami -Dade County shall have no liability to the vendor for the cost of any purchase made by an ordering entity under the UAP and shall not be deemed to be a party thereto. All orders shall be placed directly by the ordering entity with the vendor and shall be paid by the ordering entity less the 2% UAP. Vendor Compliance If a vendor fails to comply with this section, that vendor may be considered in default by Miami - Dade County in accordance with Section 1, Paragraph 1.23 of this contract solicitation and the resulting contract. 2.22 ACCEPTANCE OF PRODUCT BY THE COUNTY: The product(s) to be provided hereunder shall be delivered to the County, and maintained if applicable to the contract, in full compliance with the specifications and requirements set forth in this contract. If a vendor -provided product is determined to not meet the specifications and requirements of this contract, either prior to acceptance or upon initial inspection, the item will be returned, at vendor expense, to the vendor. At the County's own option, the vendor shall either provide a direct replacement for the item, or provide a full credit for the returned item. The vendor shall not assess any additional charge(s) for any conforming action taken by the County under this clause. Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL 2.23 ACCIDENT PREVENTION AND BARRICADES: Precautions shall be exercised at all times for the protection of persons and property. All vendors performing services under this contract shall conform to all relevant OSHA, State and County regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requirements shall be borne solely by the responsible vendor. Barricades shall be provided by the vendor when work is performed in areas traversed by persons, or when deemed necessary by the County Project Manager. 2.24 AVAILABILITY OF CONTRACT TO OTHER COUNTY DEPARTMENTS: Although this Solicitation is specific to several County Departments, it is hereby 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). 2.25 CLEAN-UP: All unusable materials and debris shall be removed from the premises at the end of each workday, and disposed of in an appropriate manner. Upon final completion, the vendor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager. 2.26 COMPLIANCE WITH FEDERAL STANDARDS: All items or services to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). 2.27 DEFICIENCIES IN WORK TO BE CORRECTED BY THE VENDOR: The vendor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any work that fails to conform to the contract documents regardless of project completion status. All corrections shall be made within three (3) calendar days after such rejected defects, deficiencies, and/or non -conformances are verbally reported to the vendor by the County's project administrator, who may confirm all such verbal reports in writing. The vendor shall bear all costs of correcting such rejected work. If the vendor fails to correct the work within the period specified the County may, at its discretion, notify the vendor, in writing, that the vendor is subject to contractual default provisions if the corrections are not completed to the satisfaction of 10 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL. the County within five (5) calendar days of receipt of the notice. If the vendor fails to correct the work within the period specified in the notice, the County shall place the vendor in default, obtain the services of another vendor to correct the deficiencies, and charge the incumbent vendor for these costs; either through a deduction from the final payment owed to the vendor or through invoicing. If the vendor fails to honor this invoice or credit memo, the County may terminate the vendor from this contract for default. 2.28 ENVIRONMENTALLY ACCEPTABLE PACKAGING: Effective June 16, 1992, all contracts in excess of ten thousand ($10,000) dollars will be affected by Resolution Number R738-92 amending Miami -Dade County Administrative Order 3-2 (relating to the procurement of goods and services). As a waste management alternative, and as an additional means of reducing the volume and toxicity of waste and by-products entering Florida's solid waste stream, Miami -Dade County has instituted the following policy with regard to source reduction. In order to discourage excessive packaging of a product solely for marketing purposes and to encourage packaging for purposes of ensuring durability, re -usability and recyclability. No goods shall be purchased if the goods constitute less than 90 percent (by volume) of the item being purchased or if the goods contain more than 10 percent package and packing material (by volume). No packaging shall be purchased which is not environmentally acceptable packaging. For purposes of meeting the requirements of this resolution, "Environmentally Acceptable" shall be defined as; any itemthat is returnable for reuse or recycling, or which is recyclable. In order to insure compliance with this resolution, vendors shall indicate in the space provided on the Bid/Proposal Submission Form or elsewhere as required by this solicitation, the method to be used for returning packaging materials to the distributor in conjunction with this solicitation and/or by completing the General Services Certification of Recycled Product Content Form indicating the ability of the materials to be recycled through existing recycling collection programs. Appeals for waiver of these requirements may be made in writing to the County Manager through the Director of Procurement Management. No waiver shall be effective unless approved by a majority vote of the Board of County Commissioners. Offers failing to provide this information may result in being declared non -responsive; however the vendor shall be given the opportunity to provide the information during the offer evaluation period. At such time, the vendor shall be given fifteen (15) calendar days to submit this information. Vendors wishing to obtain a copy of the complete resolution should contact The Clerk of the Board at 305-375-5126. 11 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL 2.29 LABOR, MATERIALS, AND EOUIPMENT SHALL BE SUPPLIED BY THE VENDOR: Unless otherwise provided in Section 3 (entitled "Technical Specifications"), of this solicitation the vendor shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials 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. 2.30 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS: The vendor hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the vendor in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the County by the vendor are found to be defective or do not conform to specifications: (1) the materials may be returned to the vendor at the vendor's expense and the contract cancelled or (2) the County may require the vendor to replace the materials at the vendor's expense. 2.31 OMISSION FROM THE SPECIFICATIONS: The apparent silence of this specification and any addendum regarding any details or the omission from the specification 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 this specification shall be made upon the basis of this agreement. 2.32 PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY: The successful bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall beattached to the shipping carton(s) which contain the items and shall be made available to the County's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if applicable. 2.33 PURCHASE OF OTHER ITEMS OR SERVICES NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE QUOTES: While the County has listed all major brands, purchases, items, repair and or services within this solicitation which are utilized by County departments in conjunction with their operations, there 12 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL may be similar brands, purchases, items, repairs and or services that must be purchased by the County during the term of this contract. Under these circumstances, a County representative will contact the contract vendors to obtain a price quote for the similar items. The County reserves the right to award these similar items or services to a contract vendor based on the lowest price quoted, or to acquire the items or services through a separate. solicitation. 2.34 DEMONSTRATION OF EQUIPMENT MAY BE REQUIRED DURING EVALUATION: After receipt of offers by the County, the vendors may be required to demonstrate their specifically offered equipment to cognizant County personnel, at no separate cost. The purpose of this demonstration is to observe the equipment in an operational environment and to verify its capability, suitability, and adaptability in conjunction with the performance requirements stipulated in this solicitation. If a demonstration is required, the County will notify the vendor of such in writing and will specify the date, time and location of the demonstration. If the vendor fails to perform the demonstration on the specified date stipulated in the notice, the County may elect to reject that vendor's offer, or to re -schedule the demonstration, whichever action is determined to be in the best interests of the County. The County shall be the sole judge of the acceptability of the equipment in conformance with the 'specifications and its decision shall be final. The equipment used for the demonstration shall be the same as the manufacturer's model identified in the vendor's offer. Accordingly, the equipment used in the demonstration shall create an express warranty that the actual equipment to be provided by the vendor during the contract period shall conform to the equipment used in the demonstration. The vendor shall be required to provide adequate restitution to the County, in the manner prescribed by the County, if this warranty is violated during the term of the contract. 2.35 LOCAL CERTIFIED SERVICE -DISABLED VETERAN'S BUSINESS PREFERENCE: In accordance with Section 2-8.5.1 of the Miami -Dade County Code, a Local Certified Service - Disabled Veteran Business Enterprise (VBE) that submits a bid for a contract shall receive a bid preference of five percent of the price bid. A VBE is a firm that is a) a local business pursuant to Section 2.8.5 of the Code of Miami -Dade County and b) prior to proposal submittal is certified by the State of Florida Department of Management Services as a service -disabled veteran business enterprise pursuant to Section 295.187 of the Florida Statutes. This preference will only be used for evaluating and awarding the bids and shall not affect the contract price. In procurements where Small Business Enterprises (SBE) measures are being applied, a VBE who is also an SBE shall not receive the veteran's preference provided in this section and shall be limited to any applicable SBE preferences. At the time of bid or proposal submission, the bidder must affirm in writing its compliance with the certification requirements of Section 295.187 of 13 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 2 SPECIAL CONDITIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL the Florida Statutes and submit this affirmation and a copy of the actual certification along with the bid or proposal submission. BALANCE OF PAGE INTENTIONALLY LEFT BLANK 14 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 3 TECHNICAL SPECIFICATIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL 3.1 SCOPE The purpose of this solicitation is to establish a contract for the purchase, repair and maintenance of physical fitness apparatus and equipment (gym equipment) in conjunction with the needs of Miami -Dade County. The successful bidder(s) shall provide the required equipment or services for various departments within Miami -Dade County. This initial solicitation provides for the submission of documents and forms intended to verify that the vendor meets or exceeds the minimum criteria set forth elsewhere in this solicitation. All vendors who meet or exceed the criteria established in this solicitation will be placed on a Pre -Qualification List that may be accessed by County departments for the purchase and/or maintenance and repair of gym equipment. 3.2 MANUFACTURERS TO BE PURCHASED, MAINTAINED, OR REPAIRED: The following list outlines manufacturer's that the County may purchase and utilize maintenance and repair services during the resultant. This list is an overview of current equipment but is not limited to these manufacturers exclusively: AB Core Olympic Concept 2 Rowers Precor Cybex Promaxima EFX Schwinn Freemotion Star Trac Gym Source Tactical Fitness Hampton Tag Humane TKO Keiser UCS Life Fitness Versa climber Matrix York MF Athletic TRUE Nautilus Olympic 3.3 GENERAL EQUIPMENT PURCHASES, MAINTENANCE, AND REPAIR SERVICE REQUIREMENTS: Bidders may be required to furnish and deliver new physical fitness apparatus and equipment (gym equipment) to various locations throughout Miami -Dade County. In 15 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 3 TECHNICAL SPECIFICATIONS PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL addition, the following general requirements outline the maintenance and repair services that may be requested by the County during the resultant contract. Bidders awarded under a Request for Quotation (RFQ) may be required to repair and maintain physical fitness apparatus and equipment (gym equipment) as outlined within the RFQ issued by the authorized department. Maintenance services shall include safety checks, cleaning of equipment and parts, lubrication, repairs and reconditioning of all equipment; inspection of all electrical units, inspection of all cables, pulleys and bushings on weight training equipment as needed 16 Revised 4-10 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 4 BIT) STIBMTTTAL FORM Submit Bid To: CLERK OF THE BOARD Stephen P. Clark Center 111 NW 1st Street 17`h Floor, Suite 202 Miami, Florida 33128-1983 OPENING: 2:00 P.M. WEDNESDAY MAY 25, 2011 PLEASE QUOTE PRICES F.O.B. DESTINATION, FREIGHT ALLOWED, LESS TAXES, DELIVERED INMIAMI-DADE COUNTY, FLORIDA - NOTE: Miami -Dade County is exempt from all taxes (Federal, State, Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: DPM Date Issued: May 6, This Bid Submittal Consists of Roma Campbell Purchasing Division 2011 ,- Pages 17 through 21 Sealed bids subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the Clerk of the Board at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. Purchase, Repair and Maintenance of Physical Fitness Apparatus and Equipment 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 Miami -Dade County. DO NOT WRITE IN THIS SPACE ACCEPTED HIGHER THAN LOW NON -RESPONSIVE NON -RESPONSIBLE DATE B.C.C. NO BID ITEM NOS. ACCEPTED COMMODITY CODE 805-57 Procurement Contracting Officer 1 Roma Campbell RETURN ONE ORIGINAL AND TWO COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS. FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE ON PAGE 21 OF SECTION 4, BID SUBMITTAL FORM SHALL RENDER THE VENDOR INELIGIBLE FOR LOCAL PREFERENCE FAILURE TO SIGN PAGE 21 OF SECTION 4, BID SUBMITTAL FORM, WILL RENDER YOUR BID NON -RESPONSIVE 17 MIAMI-DADE COUNTY BID SUBMITTAL FOR: BID NO.: 7831-0/13 PURCHASE, REPAIR, AND MAINTENANCE OF PHYSICAL FITNESS APPARATUS AND EQUIPMENT PRE -QUALIFICATION POOL FIRM NAME: 4.1 - CHECKLIST OF PRE -QUALIFICATION REQUIREMENTS: Requirements Section Summarized Requirements Initial as completed Section 2, Paragraph 2.6.2 a. Section 2, Paragraph 2.6.2 b. Bidders shall provide written evidence of being an authorized manufacturer/distributor for the manufacturer brands specified herein. This evidence must be in the form of a letter from the manufacturer stating that the bidder is knowledgeable of the products and items offered and authorizing the bidder to distribute and or service the specific brands listed The vendor must provide the contact number, fax line number, and email contact person for quotations and communications. Contact No.: Fax No.: Email Address: Section 2, Paragraph 2.6.2 c. The vendor shall provide an emergency contact name, phone number, and email address. Contact Name: Contact Phone No.: Email Address: Note: All bidders are requested to submit with their bid submission, documents as evidence of compliance with the minimum qualification requirements; however, Miami -Dade County may, at its sole discretion, allow the bidder to complete or supplement the qualification requirements information/documents during the bid evaluation period. 18 MIAMI-DADE COUNTY BID NO.: 7831-0/13 SECTION 4 BID SUBMITTAL FOR: PURCHASE, REPAIR AND MAINTAIN PHYSICAL FITNESS APPARATUS AND EQUIPMENT ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: 19 MIAMI-DADE COUNTY BID NO.: 7831-0/13 BID SUBMITTAL FORM Bid Title: Purchase, Repair and Maintenance of Physical Fitness Apparatus and Equipment By signing this Bid Submittal Form the Bidder certifies that it satisfies all legal requirements (as an entity) to do business with the County, including all Conflict of Interest and Code of Ethics provisions in Section 2-11 of the Miami -Dade County Code. Any County employee or member of his or her immediate family seeking to contract with the County shall seek a conflict of interest opinion from the Miami -Dade County Ethics Commission prior to submittal of a Bid response or application of any type to contract with the County by the employee or his or her immediate family and file a copy of that request for opinion and any opinion or waiver from the Board of County Commissioners with the Clerk of the Board. The affected employee shall file with the Clerk of the Board a statement in a form satisfactory to the Clerk disclosing the employee's interest or the interest of his or her immediate family in the proposed contract and the nature of the intended contract at the same time as or before submitting a Bid, response, or application of any type to contract with the County. Also a copy of the request for a conflict of interest opinion from the Ethics Commission and any corresponding opinion, or any waiver issued by the Board of County Commissioners, must be submitted with the response to the solicitation. In accordance with Sec. 2-11.1(s) of the County Code as amended, prior to conducting any lobbying regarding this solicitation, the Bidder must file the appropriate form with the Clerk of the Board stating that a particular lobbyist is authorized to represent the Bidder. Failure to file the appropriate form in relation to each solicitation may be considered as evidence that the Bidder is not a responsible contractor. The Bidder confirms that this Bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid for the same goods and/or services and in all respects is without collusion, and that the Bidder will accept any resultant award. Further, the undersigned acknowledges that award of a contract is contingent upon vendor registration. Failure to register as a vendor within the specified time may result in your firm not being considered for award. Pursuant to Miami -Dade County Ordinance 94-34, any individual, 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 intoa contract with or receiving funding from the County. ❑ Place a check mark here only if bidder has such conviction to disclose to comply with this requirement. LOCAL PREFERENCE CERTIFICATION: For the purpose of this certification, a "local business" is a business located within the limits of Miami -Dade County (or Broward County in accordance with the Interlocal Agreement between the two counties) that conforms with the provisions of Section 1.10 of the General Terms and Conditions of this solicitation and contributes to the economic development of the community in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities and the support and increase to the County's tax base. ❑ Place a check mark here only if affirming bidder meets requirements for Local Preference. Failure to complete this certification at this time (by checking the box above) shall render the vendor ineligible for Local Preference. LOCAL CERTIFIED SERVICE -DISABLED VETERAN BUSINESS ENTERPRISE CERTIFICATION: A Local Certified Service -Disabled Veteran Business Enterprise is a firm that is (a) a local business pursuant to Section 2-8.5 of the Code of Miami -Dade County and (b) prior to bid submission is certified by the State of Florida Department of Management Services as a service -disabled veteran business enterprise pursuant to Section 295.187 of the Florida Statutes. 20 MIAMI-DADE COUNTY BID NO.: 7831-0/13 ❑ Place a check mark here only if affirming bidder is a Local Certified Service -Disabled Veteran Business Enterprise. A copy of the certification must be submitted with this proposal. COUNTY USER ACCESS PROGRAM (UAP): Joint purchase and entity revenue sharing program For the County's information, the bidder is requested to indicate, at 'A' and 'B' below, its general interest in participating in the Joint Purchase Program of the County User Access Program (UAP) described in Section 2.21 of this contract solicitation, if that section is present in this solicitation document. Vendor participation in the Joint Purchase portion of the UAP is voluntary, and the bidder's expression of general interest at 'A' and `B' below is for the County' s information only and shall not be binding on the bidder. A. If awarded this County contract, would you be interest in participating in the Joint Purchase portion of the UAP with respect to other governmental, quasi -governmental or not -for -profit entities located within the geographical boundaries of Miami -Dade County? Yes No B. If awarded this County contract, would you be interested in participating in the Joint Purchase portion of the UAP with respect to other governmental, quasi -governmental or not -for -profit entities located outside the geographical boundaries of Miami -Dade County? Yes No Firm Name: Street Address: Mailing Address (if different): Telephone No. Fax No. Email Address: I- hIN No. / - / / / / / / Prompt Payment Terms: % days net days *"By signing this document the bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract" * (Please see paragraph 1.2 H of General Terms and Conditions) Signature: (Signature of authorized agent) Print Name: Title: THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON -RESPONSIVE. THE COUNTY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. 21 APPENDIX AFFIDAVITS FORMAL BIDS MIAMI-DADE COUNTY MIAMFL DE Rif , BID NO.: 7831-0/13 Miami -Dade County Department of Procurement Management Affirmation of Vendor Affidavits in accordance with Ordinance 07-143 amending Section 2-8.1 of the Code of Miami -Dade County, effective June 1, 2008, vendors are required to complete a new Vendor Registration Package, including a Uniform Affidavit Packet (Vendor Affidavits Form), before being awarded a new contract. The undersigned affirms that the Vendor Affidavits Form submitted with the Vendor Registration Package is current, complete and accurate for each affidavit listed below. Federal Employer Identification Number (FEIN): 1. 3. 4. 5. Contract No. : Contract Title: Affidavits and Legislation/ Governing Body Miami -Dade County Ownership Disclosure Sec. 2-8.1 of the County Code Miami -Dade County Employment Disclosure County Ordinance No. 90-133, amending Section 2.8-1(d)(2) of the County Code Miami -Dade County Employment Drug -free Workplace Certification Section 2-8.1.2(b) f the County Code Miami -Dade County Disability Non -Discrimination Article 1, Section 2-8.1.5 Resolution R182-00 amending R-385-95 Miami -Dade County Debarment Disclosure Section 10.38 of the County Code Printed Name of Atliant 6. 7. 9. 10. Miami -Dade County Vendor Obligation to County Section 2-8.1 of the County Code Miami -Dade County Code of Business Ethics Article 1, Section 2-8.1(i) and 2-I l(b)(1) of the County Code through (6) and (9) of the County Code and County Ordinance No 00-1 amending Section 2-11.1(c) of the County Code Miami -Dade County Family Leave Article V of Chapter 11 of the County Code Miami -Dade County Living Wage Section 2-8.9 of the County Code Miami -Dade County Domestic Leave and Reporting Article 8. Section 1 IA-60 1 1A-67 of the County Code Printed Title of Aftiant Signature of Affiant Name of Firm Address of Firm Date State Zip Code Notary Public Information Notary Public - State of County of Subscribed and sworn to (or affirmed) before me this by Type of identification produced day of, 20 Fle or she is personally known to me E or has produced Identification ❑ Signature of Notary Public Print or Stamp of Notary Public Serial Number Expiration Date Notary Public Seal Page 1 of 3 Revised 2/11/11 MIAMI-DADE COUNTY BID NO.: 7831-0/13 FAIR SUBCONTRACTING PRACTICES (Ordinance 97-35) In compliance with Miami -Dade County Ordinance 97-35, the Bidder shall submit with the bid proposal a detailed statement of its policies and procedures (use separate sheet if necessary) for awarding subcontractors in accordance with Section 1, Paragraph 1.15 ❑ NO SUBCONTRACTORS WILL BE UTILIZED FOR THIS CONTRACT Signature Date Page 2 of 3 Revised 2/11/11 BID NO.: 7831-0/13 SUBCONTRACTORJSUPPLIER LISTING (Ordinance 97-104) Firm Name of Prime Contractor/Respondent: Bid No.: Title: This forms, or a comparable listing meeting the requirements of Ordinance No. 97-104 MUST be completed, signed and submitted by all bidders and respondents on County contracts for purchases of supplies, materials or services, including professional services which involve expenditures of $100,000 or more, and all bidders and respondents on County or Public health Trust construction contracts which involve expenditures of $100,000 or more. A bidder or respondent who is awarded the contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to be supplied from those identified, except upon written approval of the County. This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed, signed and submitted even though the bidder or proposer will not utilize subcontractors or suppliers on the contract. The bidder or proposer should enter the word "NONE" under the appropriate heading of sub form 100 in those instances where no subcontractors or suppliers will be used on the contract. Business Name and Address of First Tier Subcontractor/Subconsultant Principal Owner Scope of Work to be Performed by Subcontractor/Subconsultant (Principal Owner) Gender Race Business Name and Address of Direct Supplier Principal Owner Supplies/Materials/Services to be Provided by Supplier (Principa Gender Owner) Race •• !_._ _._ ____ a_ £L_ �_...._C ... �. I......a�...7rtu fYP Dull Ot.(•Iir .ta I certify that the representations contained in this Subcontractor/Sup Prime Contractor/Respondent's Signature Print Name (Duplicate if additional space is needed) 3 Print Title FORM 100 Date