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Item C07' CM ounty of onroe BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 TheFloridaKeys Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting June 15, 2016 Agenda Item Number: C.7 Agenda Item Summary #1736 BULK ITEM: DEPARTMENT: Yes Fire TIME APPROXIMATE:STAFF CONTACT: Gary Boswell (305) 289-6004 N/A AGENDA ITEM WORDING: Approval to issue a request for proposal (RFP) for purchasing Medical Supplies and Pharmaceuticals. ITEM BACKGROUND: The Agreement between the Monroe County Fire Rescue and Bound Tree Medical, LLC provided for a three (3) year term from December 1, 2013 through November 30, 2016 with no renewal options. PREVIOUS RELEVANT BOCC AND BOG ACTION: On 11/20/2013, the Board of County Commissioners (BOCC) and Board of Governors of Fire and Ambulance District 1 (BOG) approved the three-year agreement with Bound Tree Medical, LLC. (BOCC item: G11. BOG item: K3.) CONTRACT/AGREEMENT CHANGES: Request for Proposals - Medical Supplies and Pharmaceuticals STAFF RECOMMENDATION: Approval DOCUMENTATION: Medical Supplies and Pharmaceuticals FINANCIAL IMPACT: Effective Date: June 15, 2016 Expiration Date: Bid Opening September 7, 2016 @ 3PM Total Dollar Value of Contract: approx. $900 in advertising RFP Total Cost to County: $900 Current Year Portion: $900 Budgeted: Yes Source of Funds: 141 11500 and 101 11001 4EGOIX4K ' CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: If yes, amount: Grant: County Match : Insurance Required: Additional Details: 06/15/16 141-11500 · FIRE & RESCUE CENTRAL $450.00 06/15/16 101-11001 · MEDICAL AIR TRANSPORT $450.00 Total: $900.00 REVIEWED BY: Cynthia Hall Completed 05/30/2016 6:00 PM Maria Slavik Completed 05/31/2016 8:34 AM Budget and Finance Skipped 05/31/2016 10:17 AM Budget and Finance Completed 05/31/2016 10:17 AM James Callahan Completed 05/31/2016 10:24 AM Kathy Peters Completed 05/31/2016 10:55 AM Board of County Commissioners Pending 06/15/2016 9:00 AM 4EGOIX4K 'E REQUEST FOR PROPOSALS MEDICAL SUPPLIES AND PHARMACEUTICALS MONROE COUNTY EMERGENCY SERVICES BOARD OF COUNTY COMMISSIONERS BOCC MEMBERS: Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 Commissioner Danny L. Kolhage, District 1 Commissioner David Rice, District 4 Commissioner Sylvia Murphy, District 5 AND THE BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY BOG MEMBERS: Mayor Pro Tem George Neugent, District 2 Commissioner Danny L. Kolhage, District 1 Commissioner David Rice, District 4 Layton Mayor, Norm Anderson Layton Councilman, Clark Snow COUNTY ADMINISTRATORCLERK OF THE CIRCUIT COURT Roman GastesiAmy Heavilin MONROE COUNTY FIRE CHIEF James Callahan June 2016 Prepared by Monroe County Emergency Services 4EGOIX4K 'E NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN September 7, 2016 at 3:00 P.M. that on the Monroe County Purchasing Officewill receive and open sealed responses for the following: MEDICAL SUPPLIES AND PHARMACEUTICALS MONROE COUNTY, FLORIDA Requirements for submission and the selection criteria may be requested from DemandStar www.demandstar.com www.monroecountybids.com by Onvia at OR or call toll-free at 1- 800-711-1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 2-213, Key West, Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. Publication dates: Reporter (Fr) 7/_____/16 Keynoter (Sa) 7/_____/16 Citizen (Fr) 7/_____/16 4EGOIX4K 'E TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS SECTION ONE Instruction to Proposer SECTION TWO Definitions SECTION THREE Draft Agreement SECTION FOUR Attachments and Forms Attachment A Medical Supply Discount Off List and Pricing Worksheet Attachment B Submission Proposal Response Form Attachment C Non-Collusion Affidavit Attachment D Lobbying and Conflict of Interest Attachment E Drug Free Workplace Attachment F Public Entity Crime Statement Attachment G Local Preference Attachment H Scope of Services Response Form Attachment I Insurance Requirements, Indemnification and Hold Harmless Language, Request for Waiver of Insurance Requirements (if applicable) 4EGOIX4K 'E SECTION ONE: INSTRUCTION TO PROPOSER 1.01 DESCRIPTION The Proposer awarded a contract shall provide set pricing on medical supplies and pharmaceuticals for Monroe County Fire Rescue. 7KLVFRQWUDFWVKDOOEHIRUDWKUHH\HDUSHULRG ZLWKWZRRQH\HDURSWLRQVIRUUHQHZDO, subject to approval of the Monroe County Fire Chief, the Office of Management and Budget, the Monroe County Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission, which shall be September 7, 2016. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of Management Services, State of Florida, under Sec. 287.133(3)(d), Florida Statutes. Once completed, the proposal package will be presented to the Monroe County Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1 for review and approval and shall ultimately become a part of the contract. 1.02 COPIES OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS A.Only complete sets of RFP documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B.Complete sets of RFP documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. 1.03 STATEMENT OF PROPOSAL REQUIREMENTS (See Notice of Request for Competitive Solicitations). 1.04 DISQUALIFICATION OF PROPOSERS (Section Four contains these forms) A.NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Proposers, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future proposals for the same work. B.PUBLIC ENTITY CRIME: 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a Proposers, supplier, or subcontractor 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 4EGOIX4K 'E 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C.DRUG-FREE WORKPLACE FORM: Any person submitting a proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his proposal. Failure to complete this form in every detail and submit it with the proposal may result in immediate disqualification of the proposal. D.LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his proposal. Failure to complete this form in every detail and submit it with the proposal may result in immediate disqualification of the proposal. 1.05 EXAMINATION OF RFP DOCUMENTS A.Each Proposer shall carefully examine the RFP and other contract documents, and inform itself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Proposer shall in no way relieve it of the obligations and responsibilities assumed under the contract. B.Should a Proposer find discrepancies or ambiguities in, or omissions from, the specifications, or should the Proposer be in doubt as to their meaning, the Proposer shall at once notify the County. C.Examination of Specification. Each Proposer is required before submitting a proposal, to be thoroughly familiar with the specifications contained herein. No additional allowances will be made because of lack of knowledge of the conditions. It is the responsibility of the successful Proposers to ascertain if any components of the specification are unsafe or contrary to current applicable regulations. If any unsafe or unlawful criteria are contained herein, they shall be thoroughly explained to the purchaser in the proposal. 1.06INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Proposers as to the meaning of the contract in writing documents. Any inquiry or request for interpretation must be directed to: Deputy Chief of Administration, Gary Boswell Monroe County Fire Rescue Boswell-Gary@MonroeCounty-FL.Gov Pfiester-Holly@MonroeCounty-FL.Gov Any inquiry or request for interpretation received ten (10) or more days prior to the date fixed for opening will be answered. All such answers, changes or interpretation will be issued in writing in the form of an addendum and, if issued, will be available for viewing on Demandstar no later than five (5) days prior to the advertised Proposal opening date (not counting the day of the opening). Each Proposershall acknowledge receipt of such addenda in its Proposal. In case any 4EGOIX4K 'E Proposer fails to acknowledge receipt of such addenda or addendum, its response will nevertheless be construed as though it had been received and acknowledged and the submission of the Proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Proposer will be bound by such addenda, whether or not received by the Proposer. It is the responsibility of each Proposer to verify that it has received all addenda issued before responses are opened. 1.07GOVERNING LAWS AND REGULATIONS The Proposer is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of business tax requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Proposer. Monroe County is exempt from all local, state, and federal sales and use taxes. 1.08 PREPARATION OF RESPONSES Signature of the Proposer: The Proposer must sign the response forms in the space provided for the s at least one of the partners must follow the firm name and the word should be written beneath such signature. If the Proposer is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Proposer shall state in the response the name and address of each person having an interest in the submitting entity. 1.09 SUBMISSION OF RESPONSES Interested firms or individuals shall submit two (2) signed originals and one (1) complete copy name and If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 2-213, Key West, FL 33040, which shall be received on or before 3:00 P.M. local time of the advertised Proposal opening date. Faxed or e-mailed Proposals shall be automatically rejected. 1.10 CONTENT OF SUBMISSION The proposal submitted in response to this Request for Proposals (RFP) shall be printed on 8- ound; shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer requirements. Proposers should focus specifically on the information requested. at a minimum The following information, , shall be included in the Submittal: 4EGOIX4K 'E A.Cover Page Proposal Medical Supplies and Pharmace The cover B.Tabbed Sections This Proposal is written around specific needs of this department. The contract shall be awarded to the Proposer whose Proposal comes closest to meeting these specifications at the most competitive price. Tab 1.Qualifications Please provide the following information and documents in your proposal: A. 1.The number of years the Proposer has operated under its present name and any prior names. 2.The number of years the Proposer has been operating and, if different, the number of years it has been providing the services and goods called for in this RFP. 3.Customer References A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years (with at least three (3) references preferably being a Florida government entity). Performance B.. Provide evidence in writing that you maintain a permanent place of business and have adequate equipment, finances, personnel, and inventory to furnish the items offered satisfactorily and expeditiously, and can provide necessary services. Proof of Distributorship C.. Furnish with your proposal a letter stating that said Proposer is a factory authorized distributor for the items for which said Proposer has submitted its proposal. Inspection. D. prior to awarding the contract to determine the responsibility of said Proposer to perform or provide the requirements of the proposal request. State your agreement to comply with this provision. Tab 2. Scope of Services Forms. A.Behind this tab, Proposers should include and attach the following completed forms: Medical Supply Discount Off List and Pricing Worksheet Attachment A Submission Proposal Response Form Attachment B Scope of Services Response Form Attachment H All of the forms are available in Section Four of this RFP. 4EGOIX4K 'E If your response on Attachment H (Scope of Services Response Form) indicates that you can comply with deviations, you must fully explain the deviations in this tab, i.e., Tab 2. 1RWHV Brand Indication A.. Where brand and item type is as specified, proposers shall clearly in the space provided on the Medical Supply Discount Off List and Pricing Worksheet (Attachment A). Where brand and item type is not as specified, Proposers shall attach a list of any proposed substitutions, referencing the original item number, and providing a full description of each. Warranty. B. Behind this tab, Proposers shall submit, in writing, a detailed explanation of the procedure(s) that they will follow to accomplish the replacement of any medical supplies and pharmaceuticals under warranty. Replacements shall be finalized within five working days of reporting the defect. Addition/Deletion C.. The County reserves the right to add or delete any item from this proposal or resulting contract when deemed to be in the interest of the County. Samples (Medical Supplies Only). D. From time to time, either at the stage of the Proposal or subsequently while the contract is in force, the Proposer may wish to recommend an alternative to an item listed on the Medical Supply Discount Off List and Pricing Worksheet Attachment A. In those situations, the County may require the Proposer or the Proposer may elect to submit a sample for inspection, to ensure that the alternative is of similar quality. and shall be furnished free of charge. The vendor can determine whether the sample should be returned or destroyed. Samples not destroyed will be returned upon request at Substitution. E. The Proposer shall not substitute items for like items without the prior written approval of the County, in the Proposal or in the course of doing business. Any violation of such procedure may result in a possible cancellation of the contract. All approved substitutes shall be annota Provisional Proposal Prices off List Price. F. In light of the fact that it impossible for the County to envision all of the medical supplies and pharmaceuticals, the County may need to order from time to time as operational changes occur and needs change, items above and beyond those specified on the Medical Supply Discount Off List and Pricing Worksheet (Attachment A). For these items, Proposer shall propose a discount in the form of a percentage, at which the Proposer will sell these items off its list price, and shall provide a link to its price list or shall provide a copy of the price list in its Proposal. This catch-all provisional pricing will allow for the purchase of items not numbered on the Medical Supply Discount Off List and Pricing Worksheet (Attachment A). Proposer will sell these items to County at discounted percentage rate off the list price issued by Proposer. If, at the point of exercising the price escalation provision, market media indicators show that the prices have decreased, and that the Proposer has not passed the decrease on to the County, the County reserves the right to place the 4EGOIX4K 'E Proposer proposer list for a period of time deemed suitable to the County. Additions and Substitutions G.. Proposers shall, as to each item, submit only one proposal for the specified product or recommended substitution which Proposer believes equal to item specified. The determination as to whether any proposed substitution is or is not equal to the product specified as a standard shall be made by the County, and such determination shall be final and binding upon all Proposers. Tab 3. Litigation Under this tab, Proposers must supply answers to the following questions regarding claims and suits: A.Has the Proposer ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) B.Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the Proposer, or its officers, managing members, or general partners? (If yes, provide details.) C.Has the Proposer, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the RFP? (If yes, the Proposer shall provide a history of any past or pending claims and litigation in which the Proposer is involved as a result of the provision of the same or similar services which are requested or described herein.) D.Has the Proposer ever initiated litigation against the County or been sued by the County in connection with any contract to provide services, goods or construction services? (If yes, provide details.) E.Whether, within the last five (5) years, an officer, general partner, controlling shareholder or major creditor or Proposer was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for proposals. Tab 4. Other Information Provide any additional information which will present evaluators with insight about the knowledge, skills and products of the Proposer. Tab 5. County Forms and Licenses Proposer shall complete and execute the forms specified below and located in Section Four in RFP this . In addition, Proposers should provide copies of all professional licenses and receipts of business tax behind this tab. 4EGOIX4K 'E Forms Non-Collusion Affidavit Attachment C Lobbying and Conflict of Interest Attachment D Drug Free Workplace Attachment E Public Entity Crime Statement Attachment F Local Preference Attachment G Insurance Requirements, Indemnification and Request for Waiver of Insurance Requirements Attachment I 1.11 MODIFICATION OF RESPONSES Written modification will be accepted from Proposers only if addressed to the entity and address and received prior to Proposal due date and indicated in the Notice of Request for Proposals time . Modifications must be submitted in a sealed envelope clearly marked on the outside, with osal sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposal. Faxed or e- mailed modifications and modifications received after the proposal opening date shall be automatically rejected. 1.12 RESPONSIBILITY FOR COSTS OF PROPOSAL The Proposer is solely responsible for all costs of preparing and submitting the proposal, regardless of whether a contract award is made by the County. 1.13 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Proposers names shall be read aloud at the appointed time and place stated in the Notice of Request for the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Proposers or their authorized agents are invited to be present. 1.14 DETERMINATION OF SUCCESSFUL PROPOSERS The following describes the general guidelines to be used for analyzing and evaluating the various proposals. To decide the best qualified Proposers, Monroe County Fire Rescue reserves the right to eliminate all factors it deems inappropriate, whether or not such factors have been stated in this section. If a joint venture is proposed then each firm must include all of the information required and the submittal shall be combined into a single document. This contract shall be awarded on the following criteria: Pricing (30 points) -Discount in the form of a percentage off list price (Attachment A) -Quoted price per specified numbered item (Attachment A) - lines and services 4EGOIX4K 'E Technology for Supporting the Program (30 points) -Compatibility with and ordering software; Operative IQ --based online ordering website; ease of ordering and tracking -Online product catalog and/or service specifications and features offered by Proposers Ability to Provide and Perform the Required Services for the Contract (30 points) -Ability to accept and process orders for pharmaceuticals, including Schedule II and IV drugs -The qualification and financial stability of the Proposers -Service turnaround time for delivery of supplies -Location of nearest full time local representative, and nearest personnel on call -Location of distribution center(s) - References (10 points) -A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years (with at least three (3) references preferably being a Florida government entity) Local Preference (up to 10 points) -Any Proposer claiming a local preference as defined in Monroe County Ordinance 023-2009 must complete the Local Preference Form contained in Section Four of this RFP and attach it to the Proposal. Total = possible 110 points NOTE: In performing the evaluation, only information contai proposal will be considered. Monroe County reserves the right to accept or reject any or all proposals. Monroe County also reserves the right to (1) waive any non-substantive irregularities and technicalities; (2) reject the proposal of any Proposer who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by another government entity, or who is not in a position to perform under this award; and (3) inspect all facilities of Proposers in order to make a determination as to its ability to perform. Monroe County reserves the rights to reject any offer or proposal if the prices for any line items or sub line items are materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is reason to believe that the offer would not result in the lowest overall cost to the County, even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some proposal line item and significantly greater than fair market price for other proposal line items. Fair market price shall be determined based on industry standards, comparable proposals or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place. The Purchasing 4EGOIX4K 'E Director, citing the basis for the determination, shall make the determination of whether a particular offer or proposal is materially unbalanced in writing. The County shall be the final authority in the award of this proposal. 1.15 AWARD OF CONTRACT A.The County reserves the right to reject any and all proposals, or any part of any proposals; to award separate contracts for the services based on geographic area or other, and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. B.The County also reserves the right to reject the response of a Proposer who has previously failed to perform properly or to complete contracts of a similar nature on time. C.The recommendation of staff shall be presented to the Monroe County Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, for final selection and award of contract. If proposal is found to be acceptable to the County, written notice will be given to the selected Proposer of the 1.16 EXECUTION OF CONTRACT AND TERM The Proposerwith whom a contract is negotiated shall be required to return to the County two (2) executed counterpart originals of the prescribed Agreement. The contract period shall be for a three-year period from the effective date of the award, with two additional one-year options for renewal. 1.17 INDEMNIFICATION The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including services provided by the Proposer or any of its Sub-proposers in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Proposer, its Sub-proposers in any tier, their officers, employees, servants or agents. purchase or maintain the required insurance, the Proposer shall indemnify the County from any and all increased expenses resulting from such delay. 4EGOIX4K 'E The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the contract. 4EGOIX4K 'E SECTION TWO: DEFINITIONS 2.01 Definitions Wherever used in these General Conditions or in the other contract documents the terms below have the meanings indicated which are applicable to both the singular and the plural thereof. The alike and should not be construed as derogatory or discriminatory to female persons. Purchaser The end user of the equipment specified or the applicable purchasing agent for Monroe County Fire Rescue and the Board of Governors of Fire and Ambulance District 1 of Monroe County through the Board of County Commissioners of Monroe County, Florida. Proposers The individual, firm, partnership, manufacturer or corporation to whom the contract is awarded by the County and who is subject to the terms thereof. For purposes the terms, Proposers, and Proposers, and vendor are synonymous. Equal Shall be taken in its general sense and shall not mean identical. These specifications are for the sole purpose of establishing minimum requirements for the level of quality, standards of performance and design and is in no way intended to prohibit the proposal o item of equal material. Note: Monroe County Fire Rescue shall be the sole judge of equality and this decision shall be final. 4EGOIX4K 'E SECTION THREE: DRAFT AGREEMENT 4EGOIX4K 'E CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BOARD GOVERNORS FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA AND ______________________________________________________ FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS THI st this 1 day of December, 2016 by and between the Monroe County Board of County Commissioners and Board of Governors Fire and Ambulance District 1 of Monroe County, Florida, herein WITNESSETH: WHEREAS, the COUNTY advertised a notice of request for proposals for medical supplies and pharmaceuticals. WHEREAS, the successful Proposer was ________________________________, and; WHEREAS, this CONTRACTOR represents that it is capable and prepared to provide such services, and; WHEREAS, the COUNTY intends to enter into an agreement to furnish medical supplies and pharmaceuticals at set pricing and; NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: 1.CONTRACT DOCUMENTS This contract consists of the Agreement, the CONTRACTand the documents referred to in the Agreement as a part of this Agreement. In the event of any conflict between any of the contract documents, the one imposing the greater burden on the CONTRACTOR will control. 2.CONTRACT PERIOD AND RENEWAL - The effective date of this Agreement shall be December 1, 2016 through November 30, 2019, with two one-year options for renewal, subject to the approval of the Monroe County Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1. 3.CONTRACT TERMINATION - This Agreement may be terminated for any reason by either party on 30-day written notice without cause. If the CONTRACTOR fails to fulfill the terms of this Agreement, or attachments, properly or on time, or otherwise violates the provisions of the agreement or of applicable laws or regulations governing the use of 4EGOIX4K 'E funds, the County may terminate the contract immediately by written notice. The notice shall specify cause. All finished or unfinished supplies or services shall, at the option of the County, become property of the County. The County shall pay the CONTRACTOR fair and equitable compensation for expenses incurred prior to termination of the agreement, less any amount or damages caused by the CONTRACTOR'S breach. If the damages are more than compensation payable, the CONTRACTOR will remain liable after termination and the County shall pursue collection for damages. 4.SUBJECT MATTER OF CONTRACT - This Agreement is to furnish medical supplies and pharmaceuticals at set pricing to Monroe County Fire Rescue. 5.PRICING is set forth in the Medical Supply Discount Off List and Pricing Worksheet (Attachment A). This will be inserted in the contract, which outlines both a discount in the form of a percentage off list, and pricing on specified numbered items. 6.QUALITY INSURANCE PROVISIONS A.Quality and Quality Control. A system of test inspections shall be used to insure receipt of the quality and quantity of material(s)/service(s) purchased. Material(s)/Service(s) will be promptly inspected any discrepancies from the purchase order and/or t Monroe County Logistics Specialist. B.Material Safety Data Sheet (MSDS). Any items delivered must be accompanied by a MSDS. The MSDS must be maintained by the user agency and must include the following information: 1)The Chemical name and the common name of the toxic substance. 2)The hazards or other risks in the use of the toxic substance, including: a)The potential for fire, explosion, corrosively and reactivity; b)The known acute and chronic health effects of risk from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and c)The primary routes of entry and symptoms of overexposure. 3)The proper precautions, handling practices, necessary personnel protective equipment, and other safety precautions in the use of, or exposure to, the toxic substances, including appropriate emergency treatment in the case of overexposure. 4)The emergency procedure for spills, fires, disposal and first aid. 5)A description, in lay terms, of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 4EGOIX4K 'E 6)The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. C.CONTRACTOR must be able to supply contracted requested supplies within a three (3) business day time frame of normal request of supplies when the County has made that request within normal working hours of 8 am to 5 pm Monday through Friday. During emergency (natural or man-made emergencies) situations CONTRACTOR must be able to supply requested supplies on a next day basis, twenty-four (24) hours a day seven (7) days a week. 7. A. CONTRACTORS shall follow procedure(s) to accomplish supplying a replacement product, if warranted. Replacements shall be finalized within five working days of reporting the defect. B.Guarantee. The material(s) supplied shall be guaranteed to be free from defect of composition, conception and workmanship for a minimum period of 120 days from the date of acceptance by the County. Any parts or portions found not in accordance with this specification will be rejected by the County and returned to the CONTRACTOR at the CONTRACTORS expense for immediate replacement. 8.SPECIFICATIONS: Substitutions A.. Items supplied shall be as ordered and specified. When substitutions are recommended or necessary, the determination as to whether any proposed substitution is or is not equal to the product specified as a standard shall be made by the COUNTY, and such determination shall be final and binding. Quality B.. The materials to be furnished shall be currently in production and shall Quantities C.. The quantities listed on the Medical Supply Discount Off List and Pricing Worksheet (Attachment A) are estimated quantities for one (1) year. The COUNTY shall not be required to purchase any minimum or maximum quantities during the term of any award resulting from this specification. The COUNTY may purchase as little as zero percent (0%) or exceed as much as one hundred percent (100%) of the forecasted or estimated quantities. Packaging D.. Only materials that are packaged in the original factory fresh packaging shall be accepted. No materials that have been re-packaged or that are in the adulterated or damaged packages shall be accepted at the receiving location, nor shall after-market materials be accepted at the receiving location. 4EGOIX4K 'E Any attempts by the CONTRACTOR to furnish the COUNTY with other than first quality materials shall constitute default as outlined in this specification. Refrigeration E.. Maintaining a specific temperature range throughout the shipping process is essential to the quality of healthcare products. Only materials which have been properly shipped in a temperature-controlled environment shall be accepted by the COUNTY. Expiration Dates. F. All merchandise shall have a minimum expiration date of 18 months from date of shipment, and date must be displayed on the package. 9.CONDITIONS: Authorization. A. All orders shall be placed via Monroe County by individual Furnishing Items. B. Contract items are to be furnished Delivery C.. Materials ordered shall be delivered within three (3) business days after receipt of order. Failure to do same shall be considered breach of contract or default, and the COUNTY shall utilize its options as stated within the proposal specification. Backorders D.. In the event an item is not immediately available at the time of an order, or is not able to be delivered within three (3) days, the County shall have the option of purchasing the item from another vendor. Penalties. E. The COUNTY reserves the right to increase or decrease quantities shown without penalty. Addition/Deletion. F. The COUNTY reserves the right to add or delete any item from this proposal or resulting contract when deemed to be in the interest of the COUNTY. Samples. G. name and item number and shall be furnished free of charge. Samples not expense. Substitution H.. The CONTRACTOR shall not substitute items for like items without the approval of the COUNTY. Any violation of such procedure may result in a possible cancellation of the contract. All approved substitutes shall be shipping document(s). Contract Prices. I. Contract prices from Medical Supply Discount Off List and Pricing Worksheet (Attachment A) shall be firm and shall not be amended after the contract is executed. Any attempt by the CONTRACTOR to amend said prices unilaterally shall constitute default as outlined in the contract. 4EGOIX4K 'E Prices quoted shall include all shipping costs, shipped F.O.B Marathon, Florida or to the facility location specified by the requestor or the purchase order. All taxes of any kind and character payable on account of the work done and materials furnished under the award shall be paid by the CONTRACTOR and shall be deemed to have been included in the price. The COUNTY is exempt from all state and federal sales, use, transportation, and excise taxes. Contract prices shall include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the CONTRACTOR is required or desires to use any design, device, material or process covered by letters of patent or copyright, the CONTRACTOR shall indemnify and save harmless the COUNTY, its officers, agents, and employees from any and all claims of infringement by reason of the use of any such patented design, toll, material, equipment or process, to be performed under the contract, and shall indemnify the said COUNTY, its officers, agents and employees for any costs, expenses and damage which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. Contract Provisional Prices off List Price. J. Contract pricing for items not included on Medical Supply Discount Off List and Pricing Worksheet (Attachment A) and sold to the County at a discounted percentage rate off the list price issued by CONTRACTOR shall be firm and shall not be amended after the contract is executed. Any attempt by the CONTRACTOR to amend said prices shall constitute default as outlined in the contract. ne Contract Changes. K. No changes, over the contract period, shall be permitted unless prior written approval is given by the Monroe County Board of Commissioners and the Board of Governors of Fire and Ambulance District 1. No CONTRACTOR shall assign the contract or any rights or obligations there under to a subcontractor without the prior written approval of the Monroe County Board of Commissioners and the Board of Governors of Fire and Ambulance District 1. Price Escalation L.. The County will allow a price escalation provision for items on the Medical Supply Discount Off List and Pricing Worksheet (Attachment A) with this award. The original CONTRACTOR prices on Medical Supply List Pricing Worksheet (Attachment A) shall be firm for a one (1) year minimum period. A price escalation/de-escalation will be allowed one (1) year after the beginning of the award period and at one (1) year intervals thereafter, provided the CONTRACTOR notifies the COUNTY, in writing of any requested price changes at least sixty (60) days prior to those changes taking effect. This request must be 4EGOIX4K 'E the price increase to the contractor. The price increase to the County shall be limited to the percentage increase to the CONTRACTOR as stated in this letter. If, at the point of exercising the price escalation provision, market media indicators show that the prices have decreased, and that the CONTRACTOR has not passed the decrease on to the COUNTY, the COUNTY reserves the right to place the CONTRACTOR in default, cancel the contract, and remove the deemed suitable to the COUNTY. Invoicing. M. The CONTRACTOR shall furnish the COUNTY complete itemized invoices for the goods received. Invoices are to reflect the prices stipulated on the purchase order, and as outlined on the Medical Supply Discount Off List and Pricing Worksheet (Attachment A). Invoices are also to reflect the provisional price discount in the form of a percentage at which the CONTRACTOR will sell these items off its list price. The COUNTY will not accept an aggregate invoice. As part of the award process, the COUNTY may request a sample invoice. Invoices shall contain, but not limited to the following information: Invoice number R Company name R Purchase order number R Location and dates of delivery R Cost of items as stated on the contract and extended price to reflect total R cost for number of items received. Payment. N. Full payment will be made by the COUNTY after receipt and acceptance of materials/services and proper invoices in accordance with the Florida Local Government Prompt Payment Act, Section 218.70 et al. Ordering. O. CONTRACTOR will provide web-based online ordering website designed specifically for service. Disaster Recovery. P. CONTRACTOR must have a proven Disaster Support Program in place and shall provide the COUNTY with emergency numbers for these situations. These numbers will be updated immediately if the contact number changes. 10.INDEMNIFICATION CONTRACTOR shall indemnify and hold the COUNTY and Monroe County and Monroe County Fire and Ambulance District 1 harmless for any negligence on its part or faulty or improper workmanship, for all work performed under this contract, including all costs of collection, reasonable attorney fees, claim costs, and as per "Attachment I". All property or equipment being directly maintained or repaired by CONTRACTOR shall be considered in its care, custody, and control while such work is in progress and until physical control of such property or equipment is restored to the COUNTY. 4EGOIX4K 'E 11.INSURANCE The Proposer will comply with the insurance requirements listed in Attachment I to the RFP. 12.ADDITIONAL REQUIRED STATEMENTS / VERIFICATIONS / AFFIDAVITS. Attached hereto in Attachments Attachment A Medical Supply Discount Off List and Pricing Worksheet Attachment B Submission Proposal Response Form Attachment C Non-Collusion Affidavit Attachment D Lobbying and Conflict of Interest Attachment E Drug Free Workplace Attachment F Public Entity Crime Statement Attachment G Local Preference (if applicable) Attachment H Scope of Services Response Form Attachment I Request for Waiver of Insurance Requirements (if applicable) 13.Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners of Monroe County, Florida. 14.Venue for any litigation arising under this contract must be in a court of competent jurisdiction in Monroe County, Florida. This Agreement is not subject to arbitration. IN WITNESS WHEREOF, each party hereto has caused this contract to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: AMY HEAVILIN, OF MONROE COUNTY, FLORIDA COUNTY CLERK By:____________________________________ By:____________________________________ Clerk of Court, Amy Heavilin Mayor, Heather Carruthers CONTRACTOR: BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FL By:___________________________________ Print Name and Title By:____________________________________ Date:___________________________________ Mayor Norm Anderson 4EGOIX4K 'E SECTION FOUR: ATTACHMENTS AND FORMS Attachment A Medical Supply Discount Off List and Pricing Worksheet Attachment B Submission Proposal Response Form Attachment C Non-Collusion Affidavit Attachment D Lobbying and Conflict of Interest Attachment E Drug Free Workplace Attachment F Public Entity Crime Statement Attachment G Local Preference Attachment H Scope of Services Response Form Attachment I Insurance Requirements, Indemnification/Hold Harmless, and Request for Waiver of Insurance Requirements 4EGOIX4K %XXEGLQIRX1IHMGEP7YTTPMIWERH4LEVQEGIYXMGEPW 6IUYIWXJSV4VSTSWEPW1IHMGEP7YTTPMIWERH %XXEGLQIRX1IHMGEP7YTTPMIWERH4LEVQEGIYXMGEPW 6IUYIWXJSV4VSTSWEPW1IHMGEP7YTTPMIWERH %XXEGLQIRX1IHMGEP7YTTPMIWERH4LEVQEGIYXMGEPW 6IUYIWXJSV4VSTSWEPW1IHMGEP7YTTPMIWERH %XXEGLQIRX1IHMGEP7YTTPMIWERH4LEVQEGIYXMGEPW 6IUYIWXJSV4VSTSWEPW1IHMGEP7YTTPMIWERH %XXEGLQIRX1IHMGEP7YTTPMIWERH4LEVQEGIYXMGEPW 6IUYIWXJSV4VSTSWEPW1IHMGEP7YTTPMIWERH %XXEGLQIRX1IHMGEP7YTTPMIWERH4LEVQEGIYXMGEPW 6IUYIWXJSV4VSTSWEPW1IHMGEP7YTTPMIWERH %XXEGLQIRX1IHMGEP7YTTPMIWERH4LEVQEGIYXMGEPW 6IUYIWXJSV4VSTSWEPW1IHMGEP7YTTPMIWERH 'E Attachment B SUBMISSION PROPOSAL RESPONSE FORM SET PRICING FOR MEDICAL SUPPLIES AND PHARMACEUTICALS Proposers Name and Mailing Address: Telephone and Fax Numbers: I have included: Proposal/Tabbed Sections Medical Supply Discount Off List and Pricing Worksheet (Attachment A) Submission Proposal Response Form (Attachment B) Non-Collusion Affidavit (Attachment C) Lobbying and Conflict of Interest Clause Form (Attachment D) Drug Free Workplace Form (Attachment E) Public Entity Crime Statement (Attachment F) Local Preference Form (Attachment G) Scope of Services Response Form (Attachment H) Insurance Requirements, Indemnification/Hold Harmless, and Request for Waiver of Insurance Requirements (Attachment I) (Check mark items above, as a reminder that they are included). I state that I am authorized to submit this proposal. STATE OF (Signature of Proposers) COUNTY OF Date PERSONALLY APPEARED BEFORE ME, the undersigned authority,who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of , 20 . My commission expires: NOTARY PUBLIC 4EGOIX4K 'E Attachment C NON-COLLUSION AFFIDAVIT I, , according to law, on my oath, and under penalty of perjury, depose and say that: 1. I am , of the firm of . the bidder/responder making the proposal for the project described in the Notice of Request for Competitive for: , and I executed the said proposal with full authority to do so. 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/responder or with any competitor. 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder/responder and will not knowingly be disclosed by the bidder/responder prior to the opening of the responses, directly or indirectly, to any other bidder/responder or to any competitor. 4. No attempt has been made or will be made by the bidder/responder to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition. 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. of Bidder/Responder) (Date) Print Name/Title STATE OF: BEFORE ME, the undersigned authority, (name of individual signing Affidavit), who, after first being sworn by me, affixed his/her signature in the space provided above on this day of 20 . My Expires: PUBLIC 4EGOIX4K 'E Attachment D LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10- 1990or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision, the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (Signature) Date: STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, (name of individual signing Affidavit), who, after first being sworn by me, affixed his/her signature in the space provided above on this day of 20 . My Commission Expires: NOTARY PUBLIC 4EGOIX4K 'E Attachment E DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies (Name of 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the businesss policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or requires the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available in the employees community, for any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Astheperson authorized to sign the statement, I certify that this firm complies fully with the above requirements. 4EGOIX4K 'E Attachment F PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 bidon a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor li Ihave read the above and state that neither (Proposers name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on the day of , 20 , by name of individual signing Affidavit (). He/She is personally known to me or has produced (type of identification) as identification. My Commission Expires: NOTARY PUBLIC 4EGOIX4K 'E Attachment G LOCAL PREFERENCE FORM ** A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? _ (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses If yes, please provide: 1 Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe from which the subcontractor operates: Address Signature and Title of Authorized Signatory for Bidder/Responder STATE OF On this _________ day of , 20 , before me, the undersigned notary public, personally appeared , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. Public (Seal) Print Name ** This Form is only required if Local Preference is applicable pursuant to Sec. 2-349, Monroe County Code. 4EGOIX4K 'E ʹͲͳ͸ The Proposer will be evaluated on compliance with the below service requirements. By submitting a proposal, the Proposer agrees that these provisions will be part of the agreement between the parties. YES YES NO Can comply, SERVICE REQUIREMENT can cannot but with specified deviations comply comply ;ƉůĞĂƐĞĚĞƚĂŝůĚĞǀŝĂƚŝŽŶƐďĞůŽǁͿ QUALITY ASSURANCE PROVISIONS Ordered Supplies / Receiving: A system of test inspections shall be used to assure quality and quantity of materials received by County. Materials will be promptly inspected and any discrepancies from the purchase order and/or the Monroe County Logistics Specialist to the Supplier and shall be corrected within a two (2) business day time frame when the County has made that report within normal working hours of 8 am to 5 pm Monday through Friday. Material Safety Data Sheet (MSDS): Any items delivered must be accompanied by a MSDS. The MSDS will be maintained by the County and must include the following information: 1.The Chemical name and the common name of the toxic substance. 2.The hazards or other risks in the use of the toxic substance, including: a)The potential for fire, explosion, corrosively and reactivity; b)The known acute and chronic health effects of risk from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and c)The primary routes of entry and symptoms of overexposure. 3.The proper precautions, handling practices, necessary personnel protective equipment, and 4EGOIX4K 'E ʹͲͳ͸ YES YES NO Can comply, SERVICE REQUIREMENT can cannot but with specified deviations comply comply ;ƉůĞĂƐĞĚĞƚĂŝůĚĞǀŝĂƚŝŽŶƐďĞůŽǁͿ other safety precautions in the use of, or exposure to, the toxic substances, including appropriate emergency treatment in the case of overexposure. 4.The emergency procedure for spills, fires, disposal and first aid. 5.A description, in lay terms, of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 6.The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. Supply Time: Proposers must be able to supply contracted requested supplies within a three (3) business day time frame of normal request of supplies when the County has made that request within normal working hours of 8 am to 5 pm Monday through Friday. Natural or Man-Made Emergencies: During emergency (natural or man-made emergencies) situations, Proposers must be able to supply requested supplies on a next day basis, twenty-four (24) hours a day seven (7) days a week. Warranty: time of shipment the for the materials supplied. 4EGOIX4K 'E ʹͲͳ͸ YES YES NO Can comply, SERVICE REQUIREMENT can cannot but with specified deviations comply comply ;ƉůĞĂƐĞĚĞƚĂŝůĚĞǀŝĂƚŝŽŶƐďĞůŽǁͿ Defects: Upon un-packaging and discovering defects to materials shipped by Supplier, any medical supplies and/or pharmaceuticals requiring replacement shall be finalized within five (5) working days of reporting the defect. ;^ĞĞĂůƐŽŝŶĨŽƌŵĂƚŝŽŶƌĞƋƵŝƌĞĚďĞŚŝŶĚdĂďϮƌĞŐĂƌĚŝŶŐ ǁĂƌƌĂŶƚŝĞƐĂŶĚƌĞƉůĂĐĞŵĞŶƚƐ͘Ϳ Guarantee: The material(s) supplied shall be guaranteed to be free from defect of composition, conception and workmanship for a minimum period of 120 days from the date of acceptance by the County. Any parts or portions found not in accordance with this specification will be rejected by the County and returned to the replacement. Quality: The materials to be furnished shall be currently in or better quality. Quantities: The quantities listed on the DĞĚŝĐĂů^ƵƉƉůǇŝƐĐŽƵŶƚKĨĨ >ŝƐƚĂŶĚWƌŝĐŝŶŐtŽƌŬƐŚĞĞƚ (Attachment A) are estimated quantities for one (1) year and are for cost comparison only. Any reference to forecasted or estimated quantities within the proposal documents is intended to inform the proposers of approximate annual requirements. The County shall not be required to purchase any minimum or maximum quantities during the term of any award resulting from this specification. The County may purchase as little as zero percent (0%) or exceed as much as one hundred percent (100%) of the forecasted or estimated quantities. 4EGOIX4K 'E ʹͲͳ͸ YES YES NO Can comply, SERVICE REQUIREMENT can cannot but with specified deviations comply comply ;ƉůĞĂƐĞĚĞƚĂŝůĚĞǀŝĂƚŝŽŶƐďĞůŽǁͿ Packaging: Only materials that are packaged in the original factory fresh packaging shall be accepted. No materials that have been re-packaged or that are in the adulterated or damaged packages shall be accepted at the receiving location, nor shall after-market materials be accepted at the receiving location. Any attempts by the Proposers to furnish the County with other than first quality materials shall constitute default as outlined in this specification. Refrigeration: Maintaining a specific temperature range throughout the shipping process is essential to the quality of healthcare products. Proposer has the ability to ship products in a proper temperature-controlled environment. Only materials which have been properly shipped in a temperature-controlled environment shall be accepted by the COUNTY. Expiration Dates: Where applicable, all merchandise shall have a minimum expiration date of 18 months from date of shipment, and date must be displayed on the package. CONDITIONS Authorization: Proposer has the ability to handle orders placed by the electronic ordering software Operative IQ. (All orders shall be placed via Monroe County by individual ordering software, Operative orders.) Furnishing Proposal Items: 4EGOIX4K 'E ʹͲͳ͸ YES YES NO Can comply, SERVICE REQUIREMENT can cannot but with specified deviations comply comply ;ƉůĞĂƐĞĚĞƚĂŝůĚĞǀŝĂƚŝŽŶƐďĞůŽǁͿ Delivery: Materials ordered shall be delivered within three (3) business days after receipt of order. Failure to do same shall be considered breach of contract or default, and the County shall utilize its options as stated within the contract. Backorders: In the event an item is not immediately available at the time of an order, and able to be delivered within three (3) days, the County shall have the option of purchasing the item from another vendor. Penalties: The County reserves the right to increase or decrease quantities shown without penalty. Samples (Medical Supplies only): From time to time, either at the stage of the Proposal or subsequently while the contract is in force, the Proposer may wish to recommend an alternative to an item listed on DĞĚŝĐĂů^ƵƉƉůǇŝƐĐŽƵŶƚKĨĨ>ŝƐƚĂŶĚ WƌŝĐŝŶŐtŽƌŬƐŚĞĞƚ (Attachment A). In those situations, the County may require the Proposer or the Proposer may elect to submit a sample for inspection, to ensure that the alternative is of similar quality. Such samples number and shall be furnished free of charge. The vendor can determine whether the sample should be returned or destroyed. Samples not destroyed will be within ten days following receipt of the sample. Substitution: No items will be substituted without the prior written approval of the County. Any violation of such procedure may result in a possible cancellation of the contract. All approved substitutes shall be annotated ment(s). 4EGOIX4K 'E ʹͲͳ͸ YES YES NO Can comply, SERVICE REQUIREMENT can cannot but with specified deviations comply comply ;ƉůĞĂƐĞĚĞƚĂŝůĚĞǀŝĂƚŝŽŶƐďĞůŽǁͿ Proposal Prices: Proposal prices quoted on DĞĚŝĐĂů^ƵƉƉůǇŝƐĐŽƵŶƚKĨĨ >ŝƐƚĂŶĚWƌŝĐŝŶŐtŽƌŬƐŚĞĞƚ (Attachment A) shall be firm and shall not be amended after the dates and time of the proposal opening. Any attempt by the Proposer to amend said proposal prices shall constitute default as outlined in this specification. Shipping Costs: Prices quoted in the Proposal and Proposal Response form shall include all shipping costs, shipped F.O.B Marathon, Florida or to the facility location specified by the requestor or the purchase order. Taxes: All taxes of any kind and character payable on account of the word done and materials furnished under the award shall be paid by the Proposer and shall be deemed to have been included in the proposal. The County is exempt from all state and federal sales, use, transportation, and excise taxes. Infringement: Proposal prices must include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Proposer is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Proposer shall indemnify and save harmless the County, its officers, agents, and employees from any and all claims of infringement by reason of the use of any such patented design, toll, material, equipment or process, to be performed under the contract, and shall indemnify the said County, its officers, agents and employees for any costs, expenses and damage which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. 4EGOIX4K 'E ʹͲͳ͸ YES YES NO Can comply, SERVICE REQUIREMENT can cannot but with specified deviations comply comply ;ƉůĞĂƐĞĚĞƚĂŝůĚĞǀŝĂƚŝŽŶƐďĞůŽǁͿ Award Changes: No changes, over the contract period, shall be permitted unless prior written approval is given by the County and, where applicable, confirmed by the Monroe County Board of Commissioners. Assignment: No Proposer shall assign the contract or any rights or obligations thereunder to a subcontractor without the written consent of the County and approval of the Monroe County Board of Commissioners. Price Escalation: The County will allow a price escalation provision with this award. The original proposal prices quoted on DĞĚŝĐĂů^ƵƉƉůǇŝƐĐŽƵŶƚKĨĨ>ŝƐƚĂŶĚWƌŝĐŝŶŐtŽƌŬƐŚĞĞƚ (Attachment A) shall be firm for a one (1) year minimum period. A price escalation/de-escalation will be allowed one (1) year after the beginning of the award period and at one (1) year intervals thereafter, provided the Proposer notifies the County, in writing of any requested price changes at least sixty (60) days prior to those changes taking effect. This request must be accompanied by a certified letter from the contractor. The price increase to the County shall be limited to the percentage increase to the Proposer as stated in this letter. If, at the point of exercising the price escalation provision, market media indicators show that the prices have decreased, and that the Proposer has not passed the decrease on to the County, the County reserves the right to place the Proposer in default, cancel the contract, and remove the Proposer from th proposer list for a period of time deemed suitable to the County. 4EGOIX4K 'E ʹͲͳ͸ YES YES NO Can comply, SERVICE REQUIREMENT can cannot but with specified deviations comply comply ;ƉůĞĂƐĞĚĞƚĂŝůĚĞǀŝĂƚŝŽŶƐďĞůŽǁͿ Invoicing: The Proposer shall furnish the County complete itemized invoices for the goods received. Invoices are to reflect the prices stipulated on the purchase order and as outlined on the DĞĚŝĐĂů^ƵƉƉůǇŝƐĐŽƵŶƚKĨĨ>ŝƐƚ ĂŶĚWƌŝĐŝŶŐtŽƌŬƐŚĞĞƚ(Attachment A). Invoices are also to reflect the provisional price discount in the form of a percentage at which the Proposer will sell these items off its list price. The County will not accept an aggregate invoice. As part of the award process, the County may request a sample invoice. Invoices shall contain, but not limited to the following information: Invoice number Company name Purchase order number Location and dates of delivery Cost of items as stated on Proposal Response and extended price to reflect total cost for number of items received. Prompt Payment Act: The Proposer agrees to accept payment per the terms of the Florida Local Government Prompt Payment Act. Normal processing time is approximately 30 days from presentation of the invoice. Ordering: Proposers will provide web-based online ordering website designed specifically for service. Disaster Recovery: Proposers have a proven Disaster Support Program in place and can demonstrate previous experience in disaster recovery supply chain management and shall provide the County with emergency numbers for these situations. These numbers will be updated immediately if the contact number changes. 4EGOIX4K 'E ʹͲͳ͸ YES YES NO Can comply, SERVICE REQUIREMENT can cannot but with specified deviations comply comply ;ƉůĞĂƐĞĚĞƚĂŝůĚĞǀŝĂƚŝŽŶƐďĞůŽǁͿ Indemnification and Insurance Requirements: The Proposer can comply with the insurance requirements outlined in Attachment I to the RFP, or has submitted a Request for Waiver (also found in Attachment I). Also, the Proposer can comply with the indemnification and hold harmless requirements (also found in Attachment I). 4EGOIX4K 'E Attachment I 6-7/1%2%+)1)28 430-'=%2(463')(96)7 '3286%'8%(1-2-786%8-321%29%0 -RHIQRMJMGEXMSRERH,SPH,EVQPIWW *SV 3XLIV'SRXVEGXSVWERH7YFGSRXVEGXSVW The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 4EGOIX4K 'E Attachment I -2796%2')6)59-6)1)287 *36'3286%'8&)8;))2 13263)'3928=*036-(% %2( CCCCCCCCCCCCCCCCCCCCCCCCCCC Prior to the commencement of work governed by this contract, the Contractor shall applicable state statutes. less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. authorized self- The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 4EGOIX4K 'E Attachment I +)2)6%00-%&-0-8= -2796%2')6)59-6)1)287 *36'3286%'8&)8;))2 13263)'3928=*036-(% %2( CCCCCCCCCCCCCCCCCCCCCCCCCCC Prior to the commencement of work governed by this contract, the Contractor shall obtain Commercial General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 4EGOIX4K 'E Attachment I 463*)77-32%00-%&-0-8= -2796%2')6)59-6)1)287 *36'3286%'8&)8;))2 13263)'3928=*036-(% %2( CCCCCCCCCCCCCCCCCCCCCCCCCCC Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor, shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $300,000 per occurrence/$500,000 aggregate 4EGOIX4K 'E Attachment I 13263)'3928=*036-(% 6-7/1%2%+)1)28 430-'=%2(463')(96)7 '3286%'8%(1-2-786%8-321%29%0 ;%-:)63*-2796%2')6)59-6)1)287 There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: 8LI'SYRX]EWFIMRKREQIHEWER%HHMXMSREP-RWYVIH If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has not been granted the authority to waive this provision. and 8LI-RHIQRMJMGEXMSRERH,SPH,EVQPIWWTVSZMWMSRW Waiver of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a 6IUYIWXJSV;EMZIVSJ-RWYVERGI 6IUYMVIQIRX form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the proposer may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. 4EGOIX4K 'E Attachment I 13263)'3928=*036-(% 6IUYIWX*SV;EMZIV SJ -RWYVERGI6IUYMVIQIRXW It is request Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: CCCCCCCCCCCCCCCCCCCCCCCCCC 463437)67-+2%896) 4EGOIX4K