R15-071 RESOLUTION NO. R15- 071
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE PIGGY - BACKING OF A
CONTRACT BETWEEN ORANGE COUNTY,
FLORIDA AND FISHER SCIENTIFIC COMPANY,
LLC., FOR THE PROCUREMENT OF TURN OUT
1 u GEAR AT AN ESTIMATED ANNUAL EXPENDITURE
1 OF $53,000.00; AUTHORIZING THE CITY MANAGER
1 : TO EXECUTE A CONTRACT BETWEEN THE CITY
1 ; OF BOYNTON BEACH AND FISHER SCIENTIFIC
1 COMPANY, LLC; PROVIDING AN EFFECTIVE
1 1 DATE.
1s.
1 WHEREAS, Firefighter Turn Out gear (Bunker Gear) is part of the structural
18 firefighting gear required to perform the duties of a firefighter; and
1 WHEREAS, the gear is required to meet the NFPA guidelines and each member is
211 required to have their own gear fit to his or her specific measurements; and
2 WHEREAS, the City of Boynton Beach Fire Department is in need of twenty -nine
2 (29) sets of gear, which will replace gear that has reached its end of life and or has shown
23 such significant wear and tear that it can no longer be utilized or provide the safety
2 protection needed by NFPA standards; and
2. WHEREAS, City staff recommends piggy - backing an Orange County, Florida
2.. Contract with Fisher Scientific Company, LLC., for the procurement of turn out gear at an
2 ' estimated annual expenditure of $53,000.00.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. Each Whereas clause set forth above is true and correct and
3 incorporated herein by this reference.
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backing Orange_County_FL_with_Fisher Scientific_(2015).docx
Section 2. The City Commission hereby approves the piggy- backing of an
Orange County, Florida Contract with Fisher Scientific Company, LLC., for the
procurement of turn out gear.
Section 3. The City Commission of the City of Boynton Beach hereby
authorizes the City Manager to execute an Agreement between the City of Boynton Beach
and Fisher Scientific Company, LLC, which incorporates Fisher Scientific Company's
existing agreement with Orange County. A copy of the existing agreement is attached
hereto as Exhibit "A ".
Section 4. That this Resolution shall become effective immediately.
1 u PASSED AND ADOPTED this /& of June, 2015.
1 . CITY OF BOYNTON BEACH, FLORIDA
1. YES NO
. /�
1 s. Mayor — Jerry Taylor IO
10 Vice Mayor — Joe Casello
1 's
211 Commissioner — David T. Merker
2
2 Commissioner — Mack McCray
2•
2 Commissioner — Michael M. Fitzpatrick
2.
2s.
2 VOTE
2 : ATTEST:
2 ';
31' i/
32 Jet M. Prainito, � (MC
33 P ity Clerk
34 ''"
a 0'�
36 (Corporate Seal)
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backing_Orange_Cou nty_FL_ with _Fisher_Scientific_(2015).docx
o-
PURCHASING AND CONTRACTS DIVISION
; JOHNNY M. RICHARDSON, CPPO, CFCM, Manager
400 E. South Street, 2nd Floor . Reply To: Post Office Box 1393 . Orlando, Florida 32802 -1593
407. 836 -5635 . Fax; 407. 836 -5899. http: / /www.octl.net
T
GOVRRNMENT
F L O R 1 D A
TERM CONTRACT NO.Y12 -1086F
FIRE RESCUE AND HAZMAT SUPPLIES AND EQUIPMENT LOTS 4, 5, 6,
9, 13, 14, 16, 18, 27, 28, 29, 30, 34, 35, 44, 48, 50, 51, 52, 53, 54, 57, 58, 59,
62, 63, & 65
TO: Fisher Scientific Company, LLC
300 Industry Drive
Pittsburgh, Pennsylvania 15275
This is to inform you that the Orange County Board of County Commissioners
hereby enters into a term contract subject to the following:
TERMS AND CONDITIONS
1. Acceptance:
This contract is our acceptance of your offer in response to our
Invitation for Bids No. Y12- 1086 -JS, FIRE RESCUE AND HAZMAT
SUPPLIES AND EQUIPMENT - Term Contract, and is subject to all
terms and conditions therein.
2. Term of Contract:
A. This is a term contract for the time period specified in the
referenced Invitation for Bids, for the products /services covered
by this contract. The County is not obligated to purchase any
minimum amount of products or services, unless otherwise
stipulated in the Invitation for Bids.
B. This contract is effective September 22, 2012, and shall remain
in effect through September 21, 2015. The estimated contract
award for this period is $3,650,000.00.
C. This contract may be renewed upon mutual agreement as
provided in the Invitation for Bids. Any amendments to this
contract must be in writing and signed by both parties. Such
amendment(s) must be signed by the representative of the
Orange County Purchasing and Contracts Division to be valid,
binding, and enforceable.
D. This contract may be cancelled or terminated as provided for in
the Invitation for Bids.
Revised (3/19/07) Page 1 of 2
3. Ordering against Contract:
A. Unless otherwise specified in the Invitation for Bids, the County will place
orders by issuance of a numbered Delivery Order against this contract.
Each Delivery Order will specify the quantity, description and location for
delivery.
B. The obligations of Orange County under this contract are subject to need
and availability of funds lawfully appropriated for its purpose by the
Board of County Commissioners.
4. Taxes:
The County has the following tax exemption certificates assigned.
A. Certificate of Registry No. 59- 70 -004K for tax free transactions under
Chapter 32, Internal Revenue Code;
B. Florida Sales and Use Tax Exemption Certificate No. 85- 8012622266C-
0.
5. Invoicing:
A. Invoices must be submitted, in duplicate, referencing this contract
number and the Delivery Order to:
Orange County Fire Rescue Department
Financial Services Division
P.O. Box 8579
Winter Park, Florida 32793
Phone (407) 836 -9871
B. Invoices against this contract are authorized only at the prices stated in
your bid response, unless otherwise provided in the Invitation for Bids.
6. All requirements contained in any addenda to the solicitation for this procurement
are part of and hereby incorporated into this contract.
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
BY: Rt l1 • • otOON
Ja es ' . Schell Jr., C.P.M., CPP : PA
Purc asing and Contracts Division
DATE:
Revised (3/19/07) Page 2 of 2
Issue Date: June 29, 2012
INVITATION FOR BIDS #Y12- 1086 -JS
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Orange
County, Florida, henceforth referred to as the County is accepting sealed bids for:
FIRE RESCUE AND HAZMAT SUPPLIES AND EQUIPMENT
TERM CONTRACT
Sealed bid offers in an original and three (3) copies for furnishing the above will be
accepted up to 2:00 PM (local time), THURSDAY, July 19, 2012, in the Purchasing
and Contracts Division, Internal Operations Centre 11, 400 E. South Street, 2nd Floor,
Orlando, FL 32801.
Copies of the bid documents may be obtained from the Orange County Purchasing and
Contracts Division at the above address, Copies may be requested by phoning (407)
836 -5635 or by download from the Internet at:
http: / /apps.ocfl.netlorancgebids /bidopen.asp
Johnny M. Richardson, CPPO, CFCM
Manager, Purchasing and Contracts Division
NOTICE TO BIDDERS /OFFERORS
To ensure that your bid /proposal is responsive, you are urged to request clarification or
guidance on any issues involving this solicitation before submission of your response.
Your point -of- contact for this solicitation is Jim Schell, Senior Purchasing Agent at
Jim.Schell ocfl,net .
TABLE OF CONTENTS
DESCRIPTION PAGE
GENERAL TERMS AND CONDITIONS 2 -12
SPECIAL TERMS AND CONDITIONS 13 -19
BID PROPOSAL FORM 20 -23
REFERENCES 26 -27
DRUG -FREE WORKPLACE FORM
SCHEDULE OF SUBCONTRACTING FORM
CONFLICT OF INTEREST FORM
VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION FORM
RELATIONSHIP DISCLOSURE FORM
RELATIONSHIP DISCLOSURE FORM - FREQUENTLY ASKED QUESTIONS (FAQ)
ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ)
EXHIBIT A - LEASED EMPLOYEE AFFIDAVIT
EXHIBIT B - COMMERCIAL GENERAL LIABILITY
EXHIBIT C - COMMERCIAL GENERAL LIABILITY
EXHIBIT D - WORKERS COMPENSATION & EMPLOYEES LIABILITY INSURANCE
POLICY
EXHIBIT E - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
j -
GENERAL TERMS AND CONDITIONS
1. GENERAL INFORMATION
These specifications constitute the complete set of specification requirements
and bid forms. The bid proposal page(s), and all forms listed on the bid proposal
page(s) shall be completed, signed, and sealed in an envelope bearing the bid
number on the outside and mailed or presented to the Purchasing and Contracts
Division on or before the specified time and date. Failure to comply with the
preceding requirements shall result In the rejection of the bid.
Bids submitted by a -mall, telephone, fax, or telegram shall not be accepted.
An e- mailed or a faxed bld shall be rejected as non - responsive regardless
of where it is received.
It is the sole responsibility of the Bidder to ensure that their bid reaches the
Purchasing and Contracts Division. All bids, unless otherwise specified, must be
delivered to the following address no later than the time and date specified in the
solicitation:
Purchasing and Contracts Division
Internal Operations Centre II
400 E. South Street, 2nd Floor
Orlando, FL 32801
Bidders are cautioned that they are responsible for delivery to the specific
location cited above. Therefore, if your bid is delivered by an express mail carrier
or by any other means, it is your responsibility to ensure delivery to the above
address. This office will not be responsible for deliveries made to any place
other than the specified address.
The County shall not be responsible for delays caused by any occurrence.
The time /date stamp clock located in the Purchasing and Contracts
Division shall serve as the official authority to determine lateness of any
bid. The bld time shall be scrupulously observed. Under no circumstances
shall bids delivered after the time specified be considered. Late bids will
be returned to the Bidder unopened. The decision to refuse to consider a
bid or proposal that was received beyond the date /time established in the
solicitation shall not be the basis for a protest pursuant to the Orange
County Code (Procurement Ordinance).
All bids must be typewritten or filled in with pen and ink, and must be signed in
ink by an officer or employee having authority to bind the company or firm.
Errors, corrections, or changes on any document must be initialed by the
signatory of the bid.
Bidders shall not be allowed to modify their bids after the opening time and date.
Bid files may be examined during normal working hours, (30) days after bid
opening or upon recommendation for award, whichever occurs first. Bidders
desiring to view these documents are urged to schedule an appointment.
Page 2
For information conceming this bid, please contact the Purchasing and Contracts
Division at the address listed above or by calling (407) 836 -5635. Please specify
the bid number for which you are inquiring.
2. PRICE /DELIVERY
Price(s) quoted must be the price(s) for new merchandise unless otherwise
specified. Any bids containing modifying or "escalator' clauses will not be
considered unless specifically requested in the bid specifications.
"Acceptance" as herein used means the acceptance by Orange County after the,
Purchasing and Contracts Division Manager, or authorized agent has, by
inspection or test of such items, determined that they fully comply with
specifications.
Deliveries resulting from this bid are to be made during the normal working
hours of the County. Time is of the essence and the Contractor's delivery date
must be specified and adhered to. Should the Contractor, to whom the order or
contract is awarded, fail to deliver on or before the stated date, the County
reserves the right to CANCEL the order or contract and make the purchase
elsewhere, and the Contractor will be required to compensate the County for the
difference in price paid for the alternate product. The Contractor shall be
responsible for making any and all claims against carriers for missing or damage
items. Partial shipments will be acceptable unless otherwise stated.
3. FEDERAL AND STATE TAX
The County is exempt from Federal and State Sales and Use Taxes for tangible --
personal property (Certificate of Registry for tax transactions under Chapter 32,
Internal Revenue Code and Florida Sales /Use Tax Exemption Certificate). The
Purchasing and Contracts Division Manager will sign an exemption certificate
submitted by the Contractor. Contractors doing business with the County shall
not be exempted from paying sales tax to their suppliers for materials to fulfill
contractual obligations with the County, nor shall any Contractor be authorized to
use the County's Tax Exemption Number in securing such materials.
4. ACCEPTANCE /REJECTION /CANCELLATION
The County reserves the right to accept or to reject any or all bids and to make
the award to that bidder who, in the opinion of the County, will be in the best
interest of and/or the most advantageous to the County. The County also
reserves the right to reject the bid of any bidder who has previously failed in the
proper performance of an award or to deliver on time contracts of a similar nature
or who, in the County's opinion, is not in a position to perform properly under this
award. The County reserves the right to inspect all facilities of bidders in order to
make a determination as to the foregoing. The County reserves the right to
waive any irregularities and technicalities and may, at its discretion, request a re-
bid. Award will be made to the lowest responsive and responsible bidder as
determined by the County.
Page 3
The County reserves the right, and the Purchasing and Contracts Division
Manager, has absolute and sole discretion, to cancel a solicitation at any time
prior to approval of the award by the Board of County Commissioners when such
approval is required. The decision to cancel a solicitation cannot be the basis for
a protest pursuant to the Orange County Code.
5. NO BID
Where more than one item is listed, any items not bid upon shall be indicated as
'NO BID ".
6. CONFLICT OF INTEREST
The award is subject to provisions of applicable State Statutes and County
Ordinances. All bidders must disclose with their bid the name of any officer,
director, or agent who is also an employee of Orange County. Further, all
bidders must disclose the name of any County employee who owns, directly or
indirectly, an interest of ten percent (10 %) or more in the Bidder's firm or any of
its branches. Should the Contractor permanently or temporarily hire any County
employee who is, or has been, directly involved with the Contractor prior to or
during performance of the resulting contract, the contract shall be subject to
immediate termination by the County.
7. LEGAL REQUIREMENTS
All applicable Federal and State laws, Municipal and County ordinances, that in
any manner affect the items covered herein apply. Lack of knowledge by the
Bidder shall in no way be a cause for relief from responsibility.
A. Contractors doing business with the County are prohibited from
discriminating against any employees, applicant, or client because of race,
religion, color, disability, national origin, gender, or age with regard to but
not limited to the following: employment practices, rates of pay or other
compensation methods, and training selection.
B. Minority/Women Business Enterprises (MNVBE) indicates a business
entity of which 51% or more is owned and operated by a minority. In this
instance, minority group members are citizens of the United States or
lawfully admitted permanent residents who are Black, Hispanic, Women,
Native American, Asian - Pacific, Asian - Indian. Businesses wishing to
participate in the County procurement process as an MNVBE are required
to complete a certification application to attain recognition as such. You
may contact the Purchasing and Contracts Division or the Business
Development Division for information and assistance.
8. UNIFORM COMMERCIAL CODE
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as
the basis for contractual obligations between the Contractor and the County for
any terms and conditions not specifically stated in this Invitation for Bid.
Page 4
9. MISTAKES
In the event of extension error(s), the unit price will prevail and the Bidder's total
offer will be corrected accordingly. In the event of addition errors, the extended
totals will prevail and the Bidder's total will be corrected accordingly. Bidders
must check their bid where applicable. Failure to do so will be at the Bidders
risk. Bids having erasures or corrections must be initialed in ink by the Bidder.
10. AVAILABILITY OF FUNDS
The obligations of the County under this award are subject to the availability of
funds lawfully appropriated for its purpose by the State of Florida and the Orange
County Board of County Commissioners, or other specified funding source for
this procurement.
11. EEO STATEMENT
It is hereby declared that equal opportunity and nondiscrimination shall be the
County's policy intended to assure equal opportunities to every person,
regardless of race, religion, sex, sexual orientation and gender
expression /identity, color, age, disability or national origin, in securing or holding
employment in a field of work or labor for which the person is qualified, as
provided by Section 17 -314 of the Orange County Code and the County
Administrative Regulations.
Further, the Contractor shall abide by the following provisions:
A. The Contractor shall represent that the Contractor has adopted and ----
maintains a policy of nondiscrimination as defined by applicable County
ordinance throughout the term of this contract.
B. The Contractor shall allow reasonable access to all business and
employment records for the purpose of ascertaining compliance with the
non - discrimination provision of the contract.
The provisions of the prime contract shall be incorporate by the Contractor into
the contracts of any applicable subcontractors.
12. BID TABULATION AND RESULTS
Bid tabulations shall be available ten (10) days after opening on the Orange
County website at: http: // apps. ocfl. neUorangebids /bidresults /results.asp
13. BID FORMS
All bids must be submitted on the County's standard Bid Response Form. Bids
on Bidder's quotation forms shall not be accepted.
Page 5
14. FLORIDA PREFERENCE
In the event this Invitation for Bids is to acquire personal property and the lowest
responsive and responsible bid submitted in response to this Invitation for Bids,
is by a bidder whose principal place of business is in a state other than Florida
and such state or political subdivision thereof grants a preference for the
purchase of personal property to a person whose principal place of business is in
said state, then Orange County Florida may award a preference to the lowest
responsive and responsible bidder having a principal place of business within the
State of Florida. Such preference shall be equal to the preference granted by the
state in which the lowest responsive and responsible bidder has its principal
place of business. This section shall not apply to transportation projects in which
Federal aid funds are used.
Any bidder whose principal place of business is outside the State of Florida must
accompany any written bid documents with a written opinion of an attomey at law
licensed to practice law in that foreign state, as to the preferences, if any or none,
granted by the law of that state to its own business entities whose principal
places of business are in that foreign state in the letting of any or all public
contracts. Reference Florida Statutes 287.084.
15. RECIPROCAL IN -STATE PREFERENCE
in the event the lowest responsive and responsible bid submitted in response to
any Invitation for Bids is by a bidder whose principal place of business is in a
county other than Orange County, and such county grants a bid preference for
purchases to a bidder whose principal place of business is in such a county, then
Orange County may award a preference to the next lowest responsive and
responsible bidder having a principal place of business within Orange County
Florida. Such preference shall be equal to the preference granted by the county
in which the lowest responsive and responsible bidder has its principal place of
business.
16. POSTING OF RECOMMENDED AWARD AND PROTESTS
The recommended award will be posted for review by interested parties at the
Purchasing and Contracts Division and at:
• http : / /apps.ocfl. net/ OrangeBids /AwardsRec /default.asp prior to submission
through the appropriate approval process and will remain posted for a period of
five (5) full business days.
• Orange County Lobbyist Regulations General Information
http: / /www.orangecountyfl. netl OpenGovernmentlLobbinciAtOrangeC
ounty.aspx
A lobbying blackout period shall commence upon issuance of the
solicitation until the Board selects the Contractor. For procurements that
do not require Board approval, the blackout period commences upon
solicitation issuance and concludes upon contract award.
Page 6
The Board of County Commissioners may void any contract where the
County Mayor, one or more County Commissioners, or a County staff
person has been lobbied in violation of the black -out period restrictions of
Ordinance No. 2002 -15.
• Orange County Protest Procedures
http:// www. orangecountyfl. netNendorServicesNendorProtestProced
ures.aspx
Failure to file a protest with the Purchasing and Contracts Manager by 5:00 PM
on the fifth full business day, after posting, shall constitute a waiver of bid protest
proceedings.
17. BED AND RELATED COSTS
By submission of a bid, the Bidder agrees that any and all costs associated with
the preparation of the bid will be the sole responsibility of the Bidder. The Bidder
also agrees that the County shall bear no responsibility for any costs associated
with the preparation of the bid including but not limited to any administrative or
judicial proceedings resulting from the solicitation process.
18. CONTRACTUAL AGREEMENT
This Invitation for Bids shall be included and incorporated in the final contract or
purchase order. The order of contract precedence will be the contract (purchase
order), bid document, and response. Any and all legal actions associated with
this Invitation for Bids and /or the resultant contract (purchase order) shall be
governed by the laws of the State of Florida. Venue for any litigation involving
this contract shall be the Ninth Circuit Court in and for Orange County, Florida.
19. PUBLIC ENTITY CRIME
Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of
Management Services shall maintain a list of the names and addresses of those
who have been disqualified f participating in the public contracting process
under this section.
http: / /www.dms.myflorida.com /business operations /state purchasinq /ven
dor information /convicted suspended discriminatory complaints vendor
lists /convicted vendor list
A person o affiliate who has been placed on The Convicted Vendor list following
a conviction for a public entity crime shall not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, shall
not submit bids on leases of real property to a public entity, shall not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with a public entity, and shall not transact business with any public entity
in excess of the threshold amount provided in Florida Statute Section 287.017,
for CATEGORY TWO for a period of thirty -six (36) months from the date of being
placed on The Convicted Vendor List.
Page 7
20. DRUG -FREE WORKPLACE FORM
The Drug -Free Workplace Form, attached hereto, shall be submitted prior to
award of the bid. Failure to submit this form prior to award of the bid shall
result in rejection /disqualification of your bid. Failure to certify the firm has a
drug -free workplace in accordance with Florida Statute 287.087 shall result in
rejection /disqualification of your bid.
21. SUBCONTRACTING
Bidders subcontracting any portion of the work shall state name and address of
subcontractor and the name of the person to be contacted on the attached
"Schedule of Subcontractors Form ".
22. CONFLICT OF INTEREST FORM
Bidder shall complete the Conflict of Interest Form attached hereto and submit it
with their bid.
23. ETHICS COMPLIANCE
The following forms are included in this solicitation and shall be completed and
submitted as indicated below:
A, Orange County Specific Project Expenditure Report -The purpose of
this form is to document any expenses incurred by a lobbyist for the
purposes described in Section 2 -351, Orange County Code. This form
shall be completed and submitted with all bid responses to an Orange
County solicitation. Any questions concerning this form shall be
addressed to the purchasing agent or contract administrator identified in
the applicable solicitation.
B. Relationship Disclosure Form — The purpose of this form is to document
any relationships between a bidder, proposer or responder to an Orange
County solicitation and the Mayor or any other member of the Orange
County Board of County Commissioners. This form shall be completed
and submitted with the applicable bid, proposal, or response to an Orange
County solicitation.
No contract award shall be made unless these forms have been completed
and submitted with the bid. Any questions concerning these forms shall be
addressed to the purchasing agent or contract administrator identified in this
solicitation. Also, a listing of the most frequently asked questions concerning
these forms is attached to each for your information.
24. SUBMISSION OF BID
The bid must be mailed or hand delivered in a sealed envelope to:
Page 8
ORANGE COUNTY PURCHASING & CONTRACTS DIVISION
Internal Operations Centre II
400 E. South Street, 2nd Floor
Orlando, Florida 32801
Bidders must Indicate on the sealed envelope the following:
A. Invitation for Bids Number
B. Hour and Date of Opening
C. Name of Bidder
Bids received after the time, date, and /or at the location specified. due to failure
to identify the envelope with the above information shall be rejected.
25. COPIES
Copies of documents, records materials, and /or repr requests will be
charged in accordance with Orange County's fee schedule. Copyrighted
materials may be inspected, but cannot be copied or reproduced per Federal law.
26. PROPRIETARY /RESTRICTIVE SPECIFICATIONS
Prospective bidde who feel the specifications contained herein are proprietary
or restrictive in nature, thus potentially resulting in reduced competition, must
contact the Purchasing and Contracts Division upon receipt of this Invitation for
Bids prior to bid opening. Specifications which are unrelated to performance will
be considered for deletion via addendum to this Invitation for Bids.
27. VENDOR ASSISTANCE WITH SPECIFICATIONS
Any prospective bidder who assisted the County in developing or writing the
specifications contained herein are requested to so note such on the bid proposal
page of their bid response.
28. PAYMENT TERMS /DISCOUNTS
The County's payment terms are in accordance with Florida Statute 218, Florida
Prompt Payment Act. Cash discounts for prompt payment shall not be
considered in determining the lowest net cost for bid evaluation purposes.
29. PATENTS AND ROYALTIES,
Unless otherwise provided, the Contractor shall be solely responsible for
obtaining the right to use any patented or copyrighted materials in the
performance of the contract resulting from this Invitation for Bids.
The Contractor, without exception, shall indemnify and save harmless the County
and its employees from liability of any nature or kind, including cost and
expenses for or on account of any copyrighted, patented, or unpatented
invention, process, or article manufactured or supplied by the Contractor. In the
Page 9
event of any claim against the County of copyright or patent infringement, the
County shall promptly provide written notification to the Contractor. If such a
claim is made, the Contractor shall use its best efforts to promptly purchase for
the County any infringing products or services or procure a license, at no cost to
the County, which will allow continued use of the service or product. If none of
the alternatives are reasonably available, the County agrees to return the article
on request to the Contractor and receive reimbursement, if any, as may be
determined by a court of competent jurisdiction.
30. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall defend, indemnify,
and hold harmless the County, its officials, agents, and employees from and
against any and all claims, suits, judgments, demands, liabilities, damages, cost
and expenses including attorney's fees of any kind or nature whatsoever arising
directly or indirectly out of or caused in whole or in part by any act or omission
of the Contractor or its subcontractors, anyone directly or indirectly employed by
them, or anyone for whose acts any of them may be liable; excepting those
acts or omissions arising out of the sole negligence of the County.
31. CLARIFICATIONS
It is the Bidder's responsibility to become familiar with and fully informed
regarding the terms, conditions and specifications of this Invitation for Bids. Lack
of understanding and /or misinterpretation of any portions of this Invitation for Bids
shall not be cause for withdrawal of your bid after opening or for subsequent
protest of award. Bidder's must contact the Purchasing and Contracts Division,
at the phone number on the bid cover sheet prior to bid opening, should
clarification be required.
Modification or alteration of the documents contained in the solicitation or
contract shall only be valid if mutually agreed to in writing by the Bidder and the
County.
32. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
By submission of this bid, the Bidder certifies, and in the case of a joint bid each
party thereto certifies as to its own organization, that in connection with this
procurement!
A. The prices in this bid have been arrived at independently, without
consultation, collusion, communication, or agreement for the purpose of
restricting competition, as to any matter relating to such prices with any
other bidder or with any competitor.
B. Unless otherwise required by law, the prices which have been quoted in
this bid have not been knowingly disclosed by the Bidder and will not
knowingly be disclosed by the Bidder prior to opening, directly or indirectly
to any other Bidder or to any competitor; and,
Page 10
C. No attempt has been made or shall be made by the Bidder to induce any
other person or bidder to submit or not to submit a bid for the purpose of
restricting competition.
33. SUCCESSORS AND ASSIGNS
The County and the Contractor each binds itself and its partners, successors,
executors, administrators, and assigns to the other party of this Contract and to
the partners, successors, executors, administrators, and assigns of such other
party, in respect to all covenants of this Contract. Except as above, neither the
County nor the Contractor shall assign, sublet, convey or transfer its interest in
this Contract without the written consent of the other. Nothing herein shall be
construed as creating any persona( liability on the part of any officer or agent of
the County which may be a party hereto, nor shall it be constr as giving any
rights or benefits hereunder to anyone other than the County and the Contractor.
34. PRICING /AUDIT
The Contractor shall establish and maintain a reasonable accounting system,
which enables ready identification of Contractor's cost of goods and use of funds.
such accounting system shall also include adequate records and documents to
justify all prices for all items invoiced as well as all charges, expenses and costs
incurred in providing the goods for at least five (5) years after completion of this
contract. The County or its designee shall have access to such books, records,
subcontract(s), financial operations, and documents of the Contractor or its
subcontractors, as required to comply with this section for the purpose of
inspection or audit anytime during normal business hours at the Contractor's
place of business. This right to audit shall include the Contractor's
subcontractors used to procure goods or services under the contract with the
County. Contractor shall ensure the County has these same rights with
subcontractors and suppliers.
35. EMPLOYEES OF THE CONTRACTOR
Ali work under this contract shall be performed in a professional and skillful
Tanner,
contact any employee the County writing,
deems incompetent, careless, from
or
tht Y
otherwise objectionable.
36. TOBACCO FREE CAMPUS
All Orange County operations under the Board of County Commissioners shall
be tobacco free. This policy shall apply to parking lots, parks, break areas and
worksites. It is also applicable to Contractors and their personnel during contract
performance on County owned property. Tobacco is defined as tobacco
products including, but not limited to, cigars, cigarettes, pipes, chewing tobacco
and snuff. Failure to abide es and /o�c act enforcement remedies.
under
Chapter 386, Florida Statutes
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37. CONTRACT CLAIMS
"Claim" as used in this provision means a written demand or written assertion by
one of the contracting parties seeking as a matter of right, the payment of a
certain sum of money, the adjustment or interpretation of contract terms, or other
relief arising under or relating to this contract.
Claims made by a Contractor against the County, relating to a particular contract
shall be submitted to the Purchasing and Contracts Manager in writing clearly
labeled "Contract Claim" requesting a final decision. The Contractor also shall
provide with the claim a certification as follows: 1 certify that the claim is made in
good faith; that the supporting data are accurate and complete to the best of my
knowledge and belief; that the amount requested accurately reflects the contract
adjustment for which the Contractor believes the County is liable; and that l am
duly authorized to certify the claim on behalf of the Contractor..'
Failure to document a claim in this manner shall render the claim null and
void. No claim shall be accepted after final payment of the contract.
The decision of the Purchasing and Contracts Manager shall be issued in writing
and shall be furnished to the Contractor. The decision shall state the reasons for
the decision reached. The Purchasing and Contracts Division Manager shall
render the final decision within sixty (60) days after receipt of Contractor's written
request for a final decision. The Purchasing and Contracts Division Manager's
decision shall be final and conclusive.
The Contractor shall proceed diligently with performance of this contract pending
final resolution of any request for relief, claim, appeal or action arising under the
contract and shall comply with any final decision rendered by the Purchasing and
Contracts Division Manager.
38. VERIFICATION OF EMPLOYMENT STATUS
Prior to the employment of any person under this contract, the Contractor shall
utilize the U.S. Department of Homeland Security's E- Verify system to verify the
employment eligibility of (a) all persons employed during the contract term by the
Contractor to perform employment duties within Florida and (b) all persons,
including subcontractors, assigned by the Contractor to perform work pursuant to
the contract with Orange County. For more information on this process, please
refer to United States Citizenship and immigration Service site at:
http://www.uscis.gov/portal/site/uscis.
Only those employees determined eligible to work within the United States
shall be employed under this contract.
By submission of a bid in response to this solicitation, the Contractor affirms that
all employees in the above categories shall undergo e- verification before
placement on this contract. The Contractor shall commit to comply with this
requirement by completing the E- Verification certification, attached to this
solicitation.
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SPECIAL TERMS AND CONDITIONS
1. QUALIFICATION OF BIDDERS
This bid shall be awarded to a responsible, responsive bidder, qualified by
experience to provide the work specified. The Bidder shall submit the following
information with the bid:
A. List a brief description of similar work satisfactorily completed with
location, dates of contract, names, addresses and telephone numbers of
owners by completing the attached reference sheets.
B. List of personnel who will be responsible for servicing the Orange County
account to include telephone numbers, e -mail addresses and cell
telephone numbers.
C. Bidders, other than manufacturers, shall be factory authorized distributors
and/or repair facilities and submit a letter from the manufacturer being bid
stating same.
Failure to submit the above requested information may be cause for
rejection of your bid.
2. MANUFACTURERS
The manufacturers listed in this bid are the only manufacturers that will be
considered. Do not offer alternate manufacturers as they will not be considered
for contract award.
3. LICENSES AND PERMITS
Prior to furnishing the requested product(s) or service(s), it shall be the
responsibility of the Contractor to obtain, at no additional cost to Orange County,
any and all licenses and permits required to complete this contractual service.
These licenses and permits shall be readily available for review by the
Purchasing and Contracts Division Manager or authorized designee.
4. BID ACCEPTANCE PERIOD
A bid shall constitute an irrevocable offer for a period of ninety (90) days from the
bid opening date or until the date of award, whichever is earlier. In the event that
an award is not made by the County within ninety (90) days from the bid opening
date, the Bidder may withdraw his bid or provide a written extension of his bid.
5. AWARD
Award shall be made on a lot -by -lot basis. Award shall be made to the
responsive and responsible bidder who submits the highest discount from the
manufacturer's most recent published price list, as submitted with the bid, for
each lot.
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6. F.O.B. POINT
The F.O.B. point shall be a destination within Orange County. The bid shall
include all costs of packaging, transporting, delivery and unloading. This shall
include inside delivery if requested to the designated point within Orange
County.
7. DELIVERY
Delivery time is of the essence in the award of this Invitation for Bids. The
delivery requirements for each manufacturer (lot) are indicated on the Bid
Proposal Form. Bids submitted which fail to meet these requirements shall be
cause for rejection.
it is hereby understood and mutually agreed to by and between parties hereto
that the time of delivery is an essential condition of this contract.
8. TERMINATION
A. Termination for Default:
The County may, by written notice to the Contractor terminate this contract
for default in whole or in part (delivery orders, if applicable) if the
Contractor fails to:
1. Provide products or services that comply with the specifications
herein or fails to meet the County's performance standards
2. Deliver the supplies or to perform the services within the time
specified in this contract or any extension.
3. Make progress so as to endanger performance of this contract
4. Perform any of the other provisions of this contract.
Prior to termination for default, the County shall provide adequate written
notice to the Contractor through the Purchasing and Contracts Division
Manager, affording him /her the opportunity to cure the deficiencies or to
submit a specific plan to resolve the deficiencies within ten (10) days (or
the period specified in the notice) after receipt of the notice. Failure to
adequately cure the deficiency shall result in termination action. Such
termination may also result in suspension or debarment of the Contractor
in accordance with the County's Procurement Ordinance. The Contractor
and its sureties (if any) shall be liable for any damage to the County
resulting from the Contractor's default of the contract. This liability includes
any increased costs incurred by the County in completing contract
performance.
In the event of termination by the County for any cause, the Contractor
shall have, in no event, any claim against the County for lost profits or
compensation for lost opportunities. After a receipt of a Termination
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Notice and except as otherwise directed by the County the Contractor
shall:
1. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts relating to the
performance of the terminated work
3. Transfer all work in process, completed work, and other materials
related to the terminated work as directed by the County.
4. Continue and complete all parts of that work that have not been
terminated.
if the Contractor's failure to perform the contract arises from causes
beyond the control and without the fault or negligence of the Contractor
the contract shall not be terminated for default. Examples of such causes
include (1) acts of God or the public enemy, (2) acts of a government in its
sovereign capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7)
unusually severe weather.
B. Termination for Convenience:
The County, by written notice, may terminate this contract, in whole or in
part, when it is in the County's interest. If this contract is terminated, the
County shall be liable only for goods or services delivered and accepted.
The County Notice of Termination shall provide the Contractor thirty (30)
days prior notice before it becomes effective. A termination for
convenience may apply to individual delivery orders, purchase
orders or to the contract in its entirety.
9. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
Bidder certifies that all material, equipment, etc., contained in their bid meets all
OSHA requirements. Bidder further certifies that if they are the awarded
Contractor, and the material, equipment, etc., delivered is subsequently found to
be deficient in any OSHA requirements in effect on date of delivery, all costs
necessary to bring the material, equipment, etc., into compliance with the
aforementioned requirements shall be borne by the Contractor.
10. PAYMENT
Partial payments in the full amount for the value of items received and accepted
may be requested by the submission of a properly executed invoice, with
supporting documents if required. Payment shall be made in accordance with
Florida Statute 218, Florida Prompt Payment Act. Payment for accepted
equipment/supplies /services shall be accomplished by submission of an invoice,
in duplicate, to:
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Orange County Fire Rescue Department
Financial Services Division
P.O. Box 8579
Winter Park, Florida 32793
Phone (407) 836 -9871
In the event additional County Departments or other public entities utilize this
contract, invoices are to be sent directly to the Department or entity placing the
order.
11. EQUIPMENT /SERVICE
A. The scope of these specifications is to insure the delivery of a complete
unit ready for operation. Omission of any essential detail from these
specifications does not relieve the Contractor from furnishing a complete
unit.
B. AU equipment shall be new, or current manufacture in production at the
time of bid opening and carry standard warranties, The Contractor shall
service all equipment prior to delivery.
C. Bid proposals shall be considered only on equipment which can, on short
notice, be serviced and maintained by the Contractor. At the time of bid
opening, the Bidder shall be an authorized dealer, distributor, and /or
representative of the manufacturer for the brand /model being bid. For the
purposes of this bid solicitation, dealer, distributor, and /or representative
means a firm or person that owns, operates, or maintains a store,
warehouse, or other establishment in which materials, supplies, parts,
articles, or equipment of the general character described in the
specifications are bought, kept in stock and sold commercially or to the
general public in the usual course of business. The Bidder shall maintain
a normal supply of repair parts and be equipped with personnel and
facilities to provide such service as necessary to keep the equipment in
operation with a minimum of delay. Failure to meet these requirements, in
the County's sole opinion, may be cause for rejection.
D. Bidder shall indicate the nearest available location for replacement parts,
how long parts shall be available on the market and the number of days to
receive parts after receipt of order. The space for this information is
included on the Bid Proposal Page.
12. WARRANTY
The Contractor shall fully warrant all equipment furnished hereunder against
defect in materials and /or workmanship for a period of one (1) year from date of
delivery /acceptance by Orange County. Should any defect in materials or
workmanship, except ordinary wear and tear, appear during the above stated
warranty period, the Contractor shall repair or replace same at no cost to the
County, immediately upon written notice from the County's authorized
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representative. The Contractor shall be responsible for either repairing the
equipment on site or transporting the equipment to his /her repair facility at no
cost to the County. All warranty provisions of the Uniform Commercial Co e d
shall additionally apply.
13. MANUALS
The following manuals, in the quantities indicated, shall be delivered with each
piece of equipment. The cost of these manuals shall be included in the unit
price.
Operation Manual 2 copies
Parts Manual 2 copies
Repair Manual 2 copies
14. CONTRACT TERM /RENEWAL
A. The contract resulting from this Invitation for Bids shall commence
effective upon issuance of a term contract by the County and extend for a
period of three (3) years. The contract may be renewed for two (2)
additional one (1) year periods, upon mutual agreement of both parties. If
any such renewal results in changes in the terms and conditions, such
changes shall be reduced to writing as an amendment to this contract and
such amendment shall be executed by both parties. Renewal of the
contract shall be subject to appropriation of funds by the Board of County
Commissioners. —
B. The initiating County department(s) shall issue delivery orders against the
term contract on an "as needed" basis.
C. If the quantity of a unit priced item in this contract is an estimated quantity
and the actual quantities ordered are more than 50% above the estimated
quantity, the County shall enter into negotiations with the Contractor for a
lower unit price which shall be incorporated into the contract. Failure of
the Contractor to agree to a reduced unit price may result in the
termination of the contract and re- solicitation of the requirement.
D. Any order issued during the effective period of this contract, but not
completed within that period, shall be completed by the Contractor within
the time specified in the order. The contract shall govern the Contractor's
and the County's rights and obligations with respect to that order to the
extent as if the order were completed during the contract performance
period.
15. PRICE LISTS
The price of all items on this bid, except labor, will be based upon the discount
from a price list(s). Bidders must submit one hard copy price list and the same
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price list on a 3.5" diskette, or CD, if available as a Word or Excel for Windows
file, with their bid.
16. USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES
At the option of the Contractor, the use of the contract resulting from this
solicitation may be extended to other governmental agencies, including the State
of Florida, its agencies, political subdivisions, counties, and cities.
Each governmental agency allowed by the Contractor to use this contract shall
do so independent of any other governmental entity. Each agency shall be
responsible for its own purchases and shall be liable only for goods or services
ordered, received and accepted. No agency receives any liability by virtue of this
bid and subsequent contract award.
17. BID PREFERENCE
The Orange County M/WBE Ordinance sets minimum annual contract dollar
participation goals for minority /women business enterprise firms as follows:
Goods — 10% and Services — 24 %. As part of this program, Contractors are
required to complete the attached Schedule of Subcontracting Form listing ALL
Subcontractors (majority, women and minority) their firm shall utilize in fulfillment
of the requirements of this solicitation.
Also, in accordance with the County M/WBE Ordinance, award of this Invitation
for Bids may be made to the lowest responsive and responsible certified
Minority/Women Business Enterprise Bidder as long as that bid does not exceed
the percentages listed below:
8 °0 on bid awards u• to 100 000. 7% on bid awards from 100 000 to
$500,000; 6°I° on bid awards from $500,000.01 to $750,000.00; 5% on bid
award from $750,000.01 to $2,000000; 4% on bid awards from $2,000,000.01
to $5,000,000; or 3% on bid awards overJ5
18. CONDITIONS FOR EMERGENCY /HURRICANE OR DISASTER - TERM
CONTRACTS
It is hereby made a part of this Invitation for Bids that before, during and after a
public emergency, disaster, hurricane, flood, or other acts of God that Orange
County shall require a "first priority" basis for goods and services. It is vital and
imperative that the majority of citizens are protected from any emergency
situation which threatens public health and safety, as determined by the County.
Contractor agrees to rent/sell/lease all goods and services to the County or other
governmental entities as opposed to a private citizen, on a first priority basis.
The County expects to pay contractual prices for all products or services required
during an emergency situation. Contractor shall furnish a twenty -four (24) hour
phone number in the event of such an emergency.
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19. REFERENCES
A contact person shall be someone who has personal knowledge of the Bidder's
performance for the specific requirement listed. Contact person shall have been
informed that they are being used as a reference and that the County may be
calling them. More than one person can be listed but all shall have knowledge of
the project. , The reference shall be the owner or a representative of the owner.
Contractors who provided services under the referenced project (contract) shall
not be accepted as references. DO NOT list principals or officers who shall not
be able to answer specific questions regarding the project. Failure of references
listed to respond to the County's inquiries may negatively impact the
responsibility of the Bidder.
20. Inquiries regarding this Invitation for bids may be directed to Jim Schell, Senior
Purchasing Agent, at telephone number (407) 836 - 5410.
21. REQUIREMENTS CONTRACT
This is a Requirements Contract and the County's intent is to order from the
Contractor all of the goods or services specified in the contract's price schedule
that are required to be purchased by the County. If the County urgently requires
delivery of goods or services before the earliest date that delivery may be
required under this contract, and if the contractor will not accept an order
providing for accelerated delivery, the County may acquire the goods or services
from another source.
The County's requirements in this contract are estimated and there is no
commitment by the County to order any specified amount. Also, if the estimated
quantities are not achieved, this shall not be the basis for an equitable
adjustment.
Moreover, if the Manager of Purchasing and Contracts determines that the
Contractor's performance is less than satisfactory, the County may order
the goods or services from other sources until the deficient performance
has been cured or the contract terminated.
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