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Item C35 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 17, 2013 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person: Deputy Chief Gary Boswell 289-6011 AGENDA ITEM WORDING: Request 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, 2010 through November 30, 2013 with no renewal options. PREVIOUS RELEVANT BOCC ACTION: On November 17, 2010, the Board approved a Contract with Bound Tree Medical, LLC for the purpose of purchasing medical supplies and pharmaceuticals at set pricing; attachment H of the Contract. On March 16, 2011 the Board approved an amendment to the Contract with Bound Tree Medical, LLC to add verbiage to allow for the purchase of items not included in the pricing list at a specific discounted pricing. Staff has now incorporated both pricing structures into attached RFP as part of the requirements. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: $900 advertising fees BUDGETED: Yes X No COST TO COUNTY: _ $900 advertising fees SOURCE OF FUNDS: 11001-530340 REVENUE PRODUCING: Yes No .,,,X AMOUNT PER MONTH Year _ APPROVED BY: County Atty OMB/Purc sing Risk Managemen& t/ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# f Y , . . REQUEST FOR PROPOSALS MEDICAL SUPPLIES AND PHARMACEUTICALS MONROE COUNTY EMERGENCY SERVICES 1 ,.T 1 J Of BOARD OF COUNTY COMMISSIONERS BOCC MEMBERS: Mayor George Neugent, District 2 Commissioner Danny L. Kolhage, District 1 Commissioner Heather Carruthers, District 3 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: Monroe County Mayor George Neugent, District 2 Commissioner Danny L. Kolhage, District 1 County Commissioner David Rice, District 4 Layton Mayor, Norm Anderson Layton Councilman, Clark Snow COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT Roman Gastesi Amy Heavilin MONROE COUNTY FIRE CHIEF James Callahan July 2013 Prepared by Monroe County Emergency Services 1 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on September 17, 2013 at 3:00 P.M. the Monroe County Purchasing Office will 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 by Onvia at www.demandstar.com OR www.monroecoun m 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) 7/26/13 Keynoter (Sa) 7/27/13 Citizen (Fr) 7/26/13 2 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 3 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. This contract shall be for a three-year period, 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 stated above. 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 Proposals) 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 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 4 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 himself 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 Proposers shall in no way relieve him 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 he be in doubt as to their meaning, he 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. 1.06 INTERPRETATIONS, CLARIFICATIONS,AND ADDENDA No oral interpretations will be made to any Proposers as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such answers, changes or interpretation will be made in writing in the form of an addendum and, if issued, will be furnished to all known prospective Proposers prior to the established Proposal opening date. Each Proposer shall acknowledge receipt of such addenda in his Proposal. In case any Proposers fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response 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 him. It is the responsibility of each Proposer to verify that he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS 5 The Proposers 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 signature. If the Proposer is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" 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 (total=3) of the proposal in a sealed envelope clearly marked on the outside with the Proposer's name and "Proposal—Medical Supplies and Pharmaceuticals". 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 1-213, Key West, FL 33040, which shall be received on or before 3:00 P.M. local time on September 17, 2013. 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- 1/2" x 11" white paper and bound; 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 must submit adequate documentation to certify the Proposer's compliance with the County's requirements. Proposers should focus specifically on the information requested. The following information, at a minimum, shall be included in the Submittal: A. Cover Page A cover page that states "Proposal — Medical Supplies and Pharmaceuticals". The cover page should contain Proposer's name, address, telephone number, and the name of the Proposer's contact person. B. Tabbed Sections This Proposal is written around specific needs of this department. The contract shall be 6 awarded to the Proposer whose Proposal comes closest to meeting these specifications at the most competitive price. Tab 1. Qualifications A. Please provide the following documents in your proposal: 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, goods, or construction services called for in this Request. 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). B. Performance. The Proposer may be required to furnish evidence in writing that he or she maintains a permanent place of business and has adequate equipment, finances, personnel, and inventory to furnish the items offered satisfactorily and expeditiously, and can provide necessary services. C. Proof of Distributorship. When requested, it shall be the responsibility of the Proposer to furnish with their proposal a letter stating that said Proposer is a factory authorized distributor for the items for which said Proposer has submitted their proposal. D. Inspection. The County reserves the right to inspect the Proposer's place of business prior to awarding the contract to determine the responsibility of said Proposer to perform or provide the requirements of the proposal request. Tab 2. Quality Assurance 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 and any discrepancies from the purchase order and/or the supplier's invoice shall be reported immediately from the 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. 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. 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. 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. Tab 3. Proposer's Liability A. Warranty. It shall be the Proposer's responsibility to submit at the time of shipment the original manufacturer's warranty for the materials supplied. Proposers shall submit, in writing, a detailed explanation of the procedure(s) that they will follow to accomplish the replacement, with their proposal. Replacement 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 Proposer at the Proposer's expense for immediate replacement. Tab 4. Specifications A. Additions and Substitutions. 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. 8 B. Quality. The materials to be furnished shall be currently in production and shall be of the manufacturer's standard or better quality. C. Quantities. The quantities listed on the Medical Supply List Pricing Worksheet (Attachment A) are estimated quantities for one (1) year and is 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. D. Brand Indication. Where brand and item type is as specified, proposers shall clearly indicate with a "Y" in the space provided on the Medical Supplies and Equipment Worksheet. Where brand and item type is not as specified, proposers shall clearly indicate with an "N" in the space provided. Proposers shall attach a list of any proposed substitutions, referencing the original item number, and providing a full description of each. E. 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. F. Refrigeration. 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. G. 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. Tab 5. Conditions A. Authorization. All orders shall be placed via Monroe County by individual Purchase Orders, or as "Open"Purchase orders. B. Furnishing Proposal Items. Contract items are to be furnished on an "as needed, when needed basis" during the life of the contract. C. 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 this specification. D. 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. 9 E. Penalties. The County reserves the right to increase or decrease quantities shown without penalty. F. Addition/Deletion. 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. G. Samples. When required, samples shall be labeled with the Proposer's name and item number and shall be furnished free of charge. Samples not destroyed will be returned upon request at the Proposer's expense within ten days following the opening of proposals. Samples of brand(s) being proposal may be requested after the proposal opening date and time, in order to allow the County to make a fair evaluation of brand(s) being proposal. H. Substitution. The Proposer 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 annotated as such on the Proposer's shipping document(s). I. Proposal Prices. Proposal prices quoted on Medical Supply List Pricing Worksheet (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. 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. 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. Proposer 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. J. Provisional Proposal Prices off List Price. 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 not included on the Medical Supply List Pricing Worksheet(Attachment A). For these items, in its Proposal, 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 10 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 included on the Medical Supply List Pricing Worksheet(Attachment A). Proposer will sell these items to County at discounted percentage rate off the list price issued by Proposer. K. 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. No Proposer shall assign the contract or any rights or obligations there under to a subcontractor without the written consent of the County and approval of the Monroe County Board of Commissioners. L. Price Escalation. The County will allow a price escalation provision with this award. The original proposal prices quoted 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 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 Proposer's supplier showing the price increase to 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 the County's proposer list for a period of time deemed suitable to the County. M. 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 Medical Supply List Pricing Worksheet(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. N. Payment. Full payment will be made by the County after receipt and acceptance of materials/services, proper invoices submitted in accordance with the Florida Local Government Prompt Payment Act. Normal processing time is approximately 30 days in 11 total. The County does not pay service charges on late payments however the County is subject to the Florida's Local Government Prompt Payment Act. O. Ordering. Proposers will provide web-based online ordering website designed specifically for service. P. Disaster Recovery. Proposers must 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. Tab 6. Litigation 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 7. Other Information Provide any additional information which will present evaluators with insight about the knowledge, skills and products of the Proposer. Tab 8. County Forms and Licenses Proposer shall complete and execute the forms specified below and located in Section Four in this RFP, as well as copies of all professional licenses and receipts of business tax and shall include them in appropriate tabbed section. Forms 12 Medical Supply List Pricing Worksheet Submission Response Form (including acknowledgement of addenda if applicable) Non-Collusion Affidavit Public Entity Crime Statement Drug Free Workplace Form Lobbying and Conflict of Interest Clause Indemnification and Hold Harmless Local Preference Form 1.11 MODIFICATION OF RESPONSES Written modification will be accepted from Proposers if addressed to the entity and address indicated in the Notice of Request for Proposals and received prior to Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Proposer's name and "Modification to Proposal — Medical Supplies and Pharmaceuticals". If 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 RESPONSE The Proposer is solely responsible for all costs of preparing and submitting the response, 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 Proposals. Monroe County's representative authorized to open the responses will decide when 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 (40 points) - Quoted price per item (Attachment A) - Discount in the form of a percentage off list price - Prices quoted will also be used to establish the extent of a Proposer's product lines and services 13 • Ability to Provide and Perform the Required Services for the Contract(30 points) - Ability to accept and process orders for pharmaceuticals, including Schedule 11 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) - Proposer's logistical and service support • Technology for Supporting the Program (20 points) - Electronic online catalog; online ordering and tracking; ease of order entry - Quality of Proposer's online resources - Online product and/or service specifications and features offered by Proposers • 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) NOTE: In performing the evaluation, only information contained within the Proposer's written 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 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. 14 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 acceptance of the Proposer's proposal and the award of the contract to Proposer. 1.16 EXECUTION OF CONTRACT AND TERM The Proposer with whom a contract is negotiated shall be required to return to the County four (4) executed counterpart originals of the prescribed Agreement. The contract period shall be for a three-year period from the effective date of the award. 1.18 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 attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of 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. In the event that the service is delayed or suspended as a result of the Proposer's failure to purchase or maintain the required insurance, the Proposer 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 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. 15 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 use of the terms "he", "him", "himself' or "his" shall refer to male and female persons 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 it is 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 of any manufacturer's item of equal material. Note: Monroe County Fire Rescue shall be the sole judge of equality and this decision shall be final. 16 SECTION THREE: DRAFT AGREEMENT 17 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 THIS CONTRACT, hereinafter "CONTRACT" or "AGREEMENT", is made and entered into this I" day of December, 2013 by and between the Monroe County Board of County Commissioners and Board of Governors Fire and Ambulance District 1 of Monroe County, Florida, hereinafter referred to as "COUNTY", and hereinafter referred to as "CONTRACTOR". 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; WHEREAS, this contract is an "Agreement"between both parties, NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: 1. CONTRACT DOCUMENTS — This contract consists of the Agreement, the CONTRACTOR'S response to the Request for Proposals (RFP), the documents referred to in the Agreement as a part of this Agreement and . 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, 2013 through November 30, 2016. 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 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 18 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 Attachment A. This will be inserted in the contract from the Proposal Response. 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 the supplier's invoice shall be reported immediately from the 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. 6) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the 19 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. CONTRACTOR'S LIABILITY A. Warranty. It shall be the CONTRACTOR'S responsibility to submit at the time of shipment the original manufacturer's warranty for the materials supplied. 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: A. Substitutions. 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. B. Quality. The materials to be furnished shall be currently in production and shall be of the manufacturer's standard or better quality. C. Quantities. The quantities listed on the Medical Supply List 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. D. 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 CONTRACTOR to furnish the COUNTY with other than first quality materials shall constitute default as outlined in this specification. 20 E. Refrigeration. 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. F. Expiration Dates. 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: A. Authorization. All orders shall be placed via Monroe County by individual Purchase Orders, or as "Open"Purchase orders. B. Furnishing Items. Contract items are to be furnished on an "as needed, when needed basis" during the life of the contract. C. 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 proposal specification. D. 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. E. Penalties. The COUNTY reserves the right to increase or decrease quantities shown without penalty. F. Addition/Deletion. 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. G. Samples. When required, samples shall be labeled with the CONTRACTORS' name and item number and shall be furnished free of charge. Samples not destroyed will be returned upon request at the CONTRACTOR'S expense. H. Substitution. 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 annotated as such on the CONTRACTOR'S shipping document(s). L Contract Prices. Contract prices from Medical Supply List 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 shall constitute default as outlined in the contract. Prices quoted include all shipping costs, shipped F.O.B Marathon, Florida or to the facility location specified by the requestor or the purchase order. 21 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 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. J. Contract Provisional Prices off List Price. Contract pricing not included on Medical Supply List 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. COUNTY will verify items by a printout from the CONTRACTOR's online catalog showing both the "list price" and "your price", the latter being the COUNTY'S price. K. Contract Changes. 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 written consent of the COUNTY and approval of the Monroe County Board of Commissioners. L. Price Escalation. The County will allow a price escalation provision 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 accompanied by a certified letter from the CONTRACTOR'S supplier showing 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 22 CONTRACTOR from the COUNTY's CONTRACTOR list for a period of time deemed suitable to the COUNTY. M. Invoicing. 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 List 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: o Invoice number o Company name o Purchase order number o Location and dates of delivery o Cost of items as stated on the contract and extended price to reflect total cost for number of items received. N. Payment. 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. Normal processing time is approximately 30 days in total. The COUNTY does not pay service charges on late payments; however the COUNTY is subject to the Florida's Local Government Prompt Payment Act. O. Ordering. CONTRACTOR will provide web-based online ordering website designed specifically for service. P. Disaster Recovery. 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 G". 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. 11. INSURANCE—No insurance is required for this contract. 12. ADDITIONAL REQUIRED STATEMENTS /VERIFICATIONS / AFFIDAVITS. Attached hereto in Attachments A, B, C, D, E, F and G are Scope of 23 Work Supply List with Pricing, Submission Response Form, Non-Collusion Affidavit, Public Entity Crime Statement, Drug-Free Workplace Form, Lobbying & Conflict of Interest Clause, Indemnification & Hold Harmless, and the Local Preference Form (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: Deputy Clerk Mayor, George Nugent RESPONDENT: BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FL By: By: Print Name and Title Mayor/Chairman Date: 24 SECTION FOUR: ATTACHMENTS AND FORMS Attachment A Medical Supply List Pricing Worksheet Attachment B Submission Response Form Attachment C Non-Collusion Affidavit Attachment D Public Entity Crime Statement Attachment E Drug Free Workplace Form Attachment F Lobbying & Conflict of Interest Clause (Ethics Clause) Attachment G Indemnification and Hold Harmless Attachment H Local Preference Form 25 Attachment A MEDICAL SUPPLY LIST PRICING WORKSHEET 26 "a a C U L ° a x w d U �L CL Y c H •4� X X X X X X X X Q X X X X X Q Q Q Q X X Q Q Q Q Q Q Q Q Q Q X Q Q Q Q Q Q X X X X X X X L m m m m m m m m W m m m m m W W W W m m W W W W W W W W W W m W W W W W W m m m m m m m N N N N N N N N O cy cy cy cy cy O O O O cy cy O O O O O O O O O N m N N N N N N N N N N N N N W n GJ U W Z C t C f0 L m Y m Y \ m w Q O w0 J c-I d' Q W � U Q N U N � p w_ U J U W H F Q � — m p C2 Q Q Q co Q N \ W Q d H w Z Z Z Z Z = Y r W W W W J J J J J m U N r Z Z Z 2! 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I have included: o Proposal/Tabbed Sections o Medical Supply List Pricing Worksheet o Discount in the form of a percentage off list price o Submission Response Form o Non Collusion Affidavit o Public Entity Crime Statement o Drug Free Workplace Form o Lobbying and Conflict of Interest Clause Form o Indemnification and Hold Harmless o Local Preference Form (AttachmentH ifapplicable) (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 32 Attachment C NON- COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that; 1) I am the respondent making the Solicitation for the project described as follows: 2) The prices in this solicitation 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 respondent or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this solicitation have not been knowingly disclosed by the respondent and will not knowingly be disclosed by the respondent prior to solicitation opening, directly or indirectly, to any other respondent or to any competitor; and 4) No attempt has been made or will be made by the respondent to induce any other person,partnership or corporation to submit, or not to submit, a solicitation for the purpose of restricting competition; and 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. STATE OF (Signature of Respondent) 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 OMB-MCP FORM#1 33 Attachment D 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 solicitation on a contract to provide any goods or services to a public entity, may not submit a solicitation on a contract with a public entity for the construction or repair of a public building or public work, may not submit solicitations on leases of real property to public entity, may not be awarded or perform work as a proposers, supplier, subproposers, RESPONDENT or subRespondents 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 list." By executing this form, I acknowledge that Fray company is in compliance with the above. STATE OF (Signature of Respondent) 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 34 Attachment E DRUG-FREE WORKPLACE FORM The undersigned Respondent in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 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 business's 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 solicitation 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 solicitation, the employee will aproposale by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendre 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 require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or 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. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Respondent's Signature Date OMB-MCP FORM 45 35 Attachment F LOBBYING AND CONFLICT OF INTEREST CLAUSE 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. 10-1990 or 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, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of , 20 NOTARY PUBLIC My commission expires: OMB-MCP FORM#4 36 Attachment G MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Respondents and subRespondents The Responder covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners AND Board of Governors for District I, its servants, agents and employees from any and all claims for bodily injury (including death),personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including consultant's fees)which arise out of, in connection with, or by reason of services provided by the Proposers or any of its subRespondents (s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of The Responder or its sub-Responder in any tier, their employees, or agents. In the event the completion of the project(to include the work of others) is delayed or suspended as a result of the Responder's failure to purchase or maintain the required insurance, the Respondent 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 Respondent 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. Respondent's Signature Date 37 Attachment H LOCAL PREFERENCE FORM Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Proposers/Responder Date: 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 proposal or solicitation? (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 offered to Monroe County? List Address: Telephone Number: B.Does the vendor/prime Respondent intend to subcontract 50%or more of the goods,services or construction to local businesses meeting the criteria above as to licensing and location? If yes,please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subRespondent dated at least one year prior to the notice or request for proposal or solicitation. 2. SubRespondent Address within Monroe County from which the subRespondent operates: Tel.Number Print Name: Signature and Title of Authorized Signatory for Proposers/Responder STATE OF COUNTY 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. Notary Public Print Name My commission expires: Seal 38