Item G1
+
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: G.1
Agenda Item Summary #1740
BULK ITEM: DEPARTMENT:
Yes Fire
TIME APPROXIMATE:STAFF CONTACT:
Gary Boswell (305) 289-6004
9:30 A.M. BOARD OF GOVERNORS
AGENDA ITEM WORDING:
Approval to issue a request for proposal (RFP) for purchasing
Medical Supplies and Pharmaceuticals.
ITEM BACKGROUND:
The Agreement between Monroe County Fire Rescue and Bound Tree
Medical, LLC provides for a three (3) year term from December 1, 2013 through November 30,
2016 with no renewal options.
PREVIOUS RELEVANT BOCC 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:
N/A
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
RFP Medical Supplies and Pharmaceuticals
FINANCIAL IMPACT:
Effective Date:
Advertising will begin approx. June 15, 2016.
Expiration Date:
Bid opening: Sept. 7. 2016 @ 3 PM
Total Dollar Value of Contract:
approx. $900 in advertising, split between two agenda items and
cost centers
Total Cost to County:
approx. $900
Current Year Portion: $900
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Budgeted:
Yes
Source of Funds:
141-11500 and 101-11001
CPI:
N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
No
Grant:
No
County Match
: N/A
Insurance Required:
No
Additional Details:
06/15/16 101-11001 · MEDICAL AIR TRANSPORT $450.00
REVIEWED BY:
Cynthia Hall Completed 05/31/2016 9:50 AM
Holly Pfiester Completed 05/31/2016 9:51 AM
Maria Slavik Completed 05/31/2016 9:52 AM
Budget and Finance Completed 05/31/2016 9:55 AM
James Callahan Completed 05/31/2016 10:23 AM
Kathy Peters Completed 05/31/2016 11:05 AM
Board of County Commissioners Pending 06/15/2016 9:00 AM
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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
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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
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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)
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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
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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
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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:
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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SECTION THREE: DRAFT AGREEMENT
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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:
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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).
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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
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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.
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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)
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