HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-030TR12006
March 8, 2011
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2011- 30
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, TO APPROVE REQUEST
FOR BID NO. 11-07B AND AWARD THE PURCHASE OF
HYPOTHERMIA INDUCTION KITS TO BOUND TREE
MEDICAL, LLC FOR A COST NOT TO EXCEED FORTY-
THREE THOUSAND EIGHT HUNDRED FIFTY FIVE
($43,855), UNDER A BROWARD COUNTY EMERGENCY
MEDICAL SERVICES (EMS) GRANT, AS PART OF THE
STATE EMS COUNTY GRANT FUND; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac, through the Fire Rescue Department,
provides Emergency Medical Services (EMS) and Advanced Life Support (ALS)
transport as necessary to its residents, citizens and visitors; and,
WHEREAS, the City Commission approved and executed a non -matching
Grant Agreement (Resolution# R-2010-70) between the City of Tamarac and
various Fire -Rescue sub -grantees under a Broward County EMS Grant for the
purchase of hypothermia induction kits to be placed on Tamarac and various
other ALS fire -rescue vehicles within Broward County; and,
WHEREAS, the City of Tamarac Fire Rescue researched various
hypothermia induction kits specific for pre -hospital use and recommended the
Engel EMS cooler or similar product to the Purchasing Department for
competitive bid; and,
WHEREAS, the CITY published a Request for Bid (Bid No. 11-07B) for the
purchase of hypothermia induction kits comprising the Engel EMS cooler, power
supplies and thermal intravenous pressure infuser; and,
TR12006
March 8, 2011
Page 2
WHEREAS, the Fire Chief and the Purchasing and Contracts Manger
request approval to award RFB NO. 11-07B under the Broward County EMS
Grant for the purchase of hypothermia kits in the amount of forty-three thousand
eight hundred fifty five ($43,855) to Bound Tree Medical, LLC (attached hereto as
Attachment A); and,
WHEREAS, the City of Tamarac will be reimbursed by the Grant in the
amount of forty-three thousand eight hundred fifty five ($43,855) for the purchase
of hypothermia equipment, and has set aside appropriate funds in Account #
120-4520-522.52-05 (Project Code GT10H) for the same; and,
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens of the City of Tamarac to approve this bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All Attachments hereto are expressly incorporated herein and made
a part hereof.
SECTION 2: That the City Commission approve RFB NO. 11-07B for the
purchase of hypothermia kits and authorize the City Manager or his designee to
approve the bid document (attached hereto as Attachment A).
SECTION 3: That the City Commission award the purchase to Bound Tree
Medical, LLC in the amount not to exceed forty-three thousand eight hundred fifty
five ($43,855), which is 100% reimbursable under a Broward County EMS Grant.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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TR12006
March 8, 2011
Page 3
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISS ON OF THE CITY OF
TAMARAC, FLORIDA THIS a3 DAY OF , 2011.
ATTEST:
PETER M. J. ICIf?iDBQ{)1�CRM, C
CITY CLERK. 't.AMq
�PB�1SHED : a
O
A
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
SAMUEL S. G(JREV-
CITY ATTORNEY
-1
�i
PAMELA BUSHNELL, MAYOR
MC
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL
DIST 2: V/M GOMEZ.
DIST 3: COMM. GLAS R�
DIST 4: COMM. DRESSLER."
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City of Tamarac Purchasing and Contracts Division
INVITATION FOR BID
Bidder Acknowledgement
BID NO.: 11-07B
BID TITLE: Hypothermia Induction Kits
BID OPENING DATE/TIME: WEDNESDAY, February 23,2011 4:0012M
BUYER NAME: Steven J. Beamsderfer, CPPB
BUYER PHONE: 954-597-3566
BUYER EMAIL: STEVENB@tamarac.org
PRE -BID CONFERENCE/SITE INSPECTION: NONE
BONDING: Not required for this bid.
GENERAL CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE
CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID
BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS, IN THE SPECIAL CONDITIONS OF THE BID, OR IN THE
SPECIFICATIONS/STATEMENT OF WORK, ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL
CONDITIONS SHALL PREVAIL OVER THESE GENERAL CONDITIONS AND ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S
STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY,
SEALED BIDS
THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE
ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE BID TITLE. BIDS NOT SUBMITTED ON THE
ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE.
BIDDER COMPANY NAME: Bound Tree Medical, LLC
COMPANY ADDRESS: 5000 Tuttle Crossing Blvd Dublin, OH 43017
COMPANY PHONE:1-800-533-0523
NAME OF AUTHORIZED AGENT: Mark Dougherty
TITLE OF AUTHORIZED AGENT: CFO/Secretary/Treasurer
AUTHORIZED AGENT EMAIL ADDRESS: Mark.DougheMb-Samoya.Com
BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: 31-
SIGNATURE OF AUTHORIZED AGENT:
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
Our Vision and Mission
Our Vision: The City of Tamarac, our community of
choice -- leading the nation in quality of life through safe
neighborhoods, a vibrant economy, exceptional customer
service and recognized excellence.
Our Mission: We Are Committed to Excellence...
Always" It is ourjob to foster and create an environment
that
Responds to the Customer
Creates and Innovates
Works as a Team
Achieves Results, and
Makes a Difference
In the fulfillment of our vision and mission, as stewards of
the public trust, we value vision, integrity, efficiency and
quality service.
Our vendors are truly partners in meeting these
commitments to the community, and in support of that
vision and mission, we are committed to ensuring that
quaffed, competitive vendors who share our commitment
to quality, efficiency, teamwork and customer service are
employed to provide goods and services to the City. Our
vendors are expected to deliver high quality products and
offrcient service that is provided on time and as ordered, -
in a manner that improves the overall value of the
services that the City provides to its residents. In
addition, we expect our vendors to work with the City as a
team, and exhibit the highest level of integrity when
dealing with any office or department of the City.
Diligence in the execution of the requirements of this
proposal will ultimately contribute to the overall quality of
services provided to the entire community. The City is
searching fora firm who will exemplify these ideals in the
execution of their work, and the successful firm will be
measured against the performance standards outlined in
this bid invitation.
INTRODUCTION
It is the intent of the City to award this bid to the
lowest responsible and responsive Bidder. The
City reserves the right to accept or reject any or
all bids and to waive any informality concerning
the bids when such rejection or waiver is
deemed to be in the best interest of the City.
The City reserves the right to award the bid on a
split order basis, lump sum or individual item
basis unless otherwise stated, whichever Is in
the best interest of the City.
This solicitation is issued pursuant to the City of
Tamarac Code, Chapter 6, "Finance &
Taxation", Article V, "Purchasing Procedures",
Section 6-141 et seq.
GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to all
offers made to the City of Tamarac by all
prospective Bidders including but not limited to
Request for Quotes, Request for Bids and
Request for Proposals_ As such the words "bid"
and "proposal' are used interchangeably in
reference to all offers submitted by prospective
Bidders. Any and all special conditions in this
IFB or any sample agreement document that
may be in variance or conflict with these
General Terms and Conditions shall have
precedence over these General Terms and
Conditions. If no changes or deletions to
General Conditions are made in the Special
Conditions, then the General Terms and
Conditions shall prevail in their entirety.
1. SUBMISSION OF THE BID
The Bidder is directed to deliver sealed bids to
the City of Tamarac, Purchasing Division, 7525
N. W, 88th Avenue, Room 108, Tamarac,
Florida 33321, no later than the date and time
specified on the cover page of this solicitation
document. At this time the bids will be opened,
the names of all Bidders will be announced and
all bids shall become a matter of public record.
All Bidders and their representatives are invited
to attend. The Bidder must show the bid
number, bid name, time and date of the bid
opening on the outside of the sealed bid
package. Delivery of the sealed bids to the
Purchasing Office on or before the above date is
solely and strictly the responsibility of the Bidder.
Late bids will be returned unopened to the
Bidder.
It is the Bidder's responsibility to read and
understand the requirements of this bid. Unless
otherwise specified, the Bidder must use the bid
form furnished in the bid document. The Bidder
is requested to submit one (1) original and two
(2) copies of the bid. The original bid must be
manually and duly signed in ink by a Corporate
Officer, Principal, or Partner with the authority to
bind the bidding company or firm by his/her
signature. All bid forms must be typewritten or
completed in ink. The Bidder must initial any
erasures or corrections in ink. All bids shall be
submitted in the English language. All prices,
terms and conditions quoted in the submitted
of Tamarac
bid shall be expressed in U.S. Dollars, and will
be firm for acceptance for sixty (60) calendar
days from the date of the bid opening unless
otherwise stated by the City.
The Bidder preparing a bid in response to this
solicitation shall bear all expenses associated
with its preparation. The Bidder shall prepare a
bid with the understanding that no claim for
reimbursement shall be submitted to the City for
expenses related to its preparation.
BID DEPOSIT
When required on the cover page, a bid deposit
or bid surety bond in the amount specified shall
accompany the bid. Bid deposits shall be in the
form of cash, certified check or cashier's check,
drawn on a responsible bank doing business in
the United States, and shall be made payable to
the City of Tamarac. In lieu of a bid deposit, a
bid surety provided by a firm licensed to
business in the State of Florida shall be
provided to the City. Any bid deposits will be
returned to the Bidders at the time of contract
award. The bid deposit of the successful vendor
shall be returned upon receipt of acceptable
Performance and/or Payment bonds.
3. BONDING
When required by the specification herein, the
successful Bidder shall furnish a Performance
and Payment bond, and/or Warranty bond, as
stated on the cover page of this solicitation, on
the City's forms, within fifteen (15) calendar
days after notification of contract award. Failure
to furnish the required bonds within the time
specified may be cause for rejection of the bid
and any bid deposit may be retained by the City
as liquidated damages and not as a penalty.
Said sum shall be a fair estimate of the amount
of damages the City would sustain due to
Bidder's failure to fumish said bonds.
4. WITHDRAWAL OF BID
Any Bidder may withdraw its bid prior to the
indicated opening time. The request for
withdrawal must be submitted in writing to the
Purchasing Office.
5. PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who has been placed on the
convicted vendor list following a conviction for
public entity crime may not submit a bid on a
contract to provide any goods or services to a
public entity, may not submit a bid on a contract
Purchasing and Contracts Division
with a public entity for the construction or repair
of a public building or public work, may not
submit bids on leases of real property to a public
entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may
not transact business with any public entity in
excess of the threshold amount provided in
Section 287.017, for Category Two for a period
of 36 months from the date of being placed on
the convicted vendor list.
6. NON -COLLUSIVE AFFIDAVIT
Each Contractor shall complete the Non -
Collusive Affidavit Form and shall submit this
form with the bidtproposal. The City considers
the failure of the Contractor to submit this
document to be a major irregularity, and may be
cause for rejection of the Proposal.
7. CONFLICT OF INTEREST
The award hereunder is subject to the
provisions of Chapter 112 of the State of Florida
Statutes. Bidders shall disclose the name of
any officer, director, partner, proprietor,
associate or agent who is also a public officer or
employee of the City or any of its agencies.
8. QUANTITIES
Quantities shown are estimates only. No
guarantee or warranty is given or implied by the
City as to the total amount that may or may not
be purchased from any resulting contract. The
City reserves the right to decrease or increase
quantities or add or delete any item from the
contract if it is determined that it best serves the
interests of the City.
9. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC
PAYMENTS
0 PdPdting: Bid prices shall be fixed and firm
to the extent required under Special Conditions.
In the absence of a reference in the Special
Conditions, bid prices shall be fixed and firm for
a period of sixty (60) calendar days, or ninety
(90) calendar days when the contract must be
approved by another agency. Payment will be
made only after receipt and acceptance of
materials/services. Cash discounts may be
offered for prompt payment; however, such
discounts shall not be considered in determining
the lowest net cost for bid evaluation.
III A KIIIAM 4;4111:1 h r_1
of Tamarac
Prompt Payment Discounts: Bidders are
encouraged to provide prompt payment terms in
the space provided on the Bid Form, If no
payment discount is offered, the Bidder shall
enter zero (0) for the percentage discount to
indicate net 30 days. If the Bidder does not enter
a percentage discount, it is understood and 12
agreed that the payment terns shall be 2% 10
days, net 30 days effective on the date that the
City receives an accurate invoice or accepts the
product, whichever is the later date. Payment is
deemed made on the date of the mailing of the
check. All payments shall be governed by the
Local Government Prompt Payment Act, F.S.
Chapter 218.
Payments by Electronic );unds Transfer: Vendors
may now receive payments by direct deposit via
electronic funds transfer instead of by paper
check. Vendors are strongly encouraged to
register to receive all payments by direct deposit. 13.
Access the City of Tamarac web -site at
h ://www.tam / 'ty-departmgnMnancial=
se i h sin /reist r-f -di -de i -
payment.asox for more information.
10. DELIVERY
All items shall be delivered F.O.B. destination to
a specific City address. All delivery costs and
charges must be included in the bid price. The
City reserves the right to cancel orders or any
part thereof, without obligation if delivery is not
made at the time specified in the bid.
11. MANUFACTURER'S NAME & APPROVED
EQUIVALENTS
Manufacturers name, trade name, brand name
information and/or modellcatalog numbers are
used in these specifications for information and
establishment of a quality level desired, and are
not intended to restrict competition unless
otherwise specified in the bid. The Bidder may
offer any brand which meets or exceeds the
specifications for any item(s). If bids are based
on equivalent products, indicate on the bid form
the manufacturers name and model/catalog
number. Bidder shall submit complete
descriptive literature andlor specifications with
the bid. The burden of proof for specification
compliance is solely on the Bidder. The City
reserves the right to be the sole judge of what is
equal and acceptable. Failure to provide this
information within three (3) business days of the
City's request may be grounds for bid
and Contracts Division
disqualification. If Bidder fails to name a
substitute, it will be assumed that the Bidder has
submitted a bid which conforms in all aspects to
the requirements of the bid document, and that
the Bidder intends to furnish goods identical to
the bid standard,
SAMPLES AND DEMONSTRATIONS
When requested, samples are to be furnished
free of charge to the City. If a sample is
requested it must be delivered within seven
days of the request unless otherwise stated in
the bid. Each sample must be marked with the
Bidder's name and manufacture's brand name.
The City will not be responsible for returning
samples. The City may request a full
demonstration of any product or service before
the award of a contract. All demonstrations will
be done at the expense of the Bidder.
BACKGROUND INVESTIGATION
As a part of the Bid evaluation process, the City
may conduct a background investigation
including a criminal record check of Bidders
officers and/or employees, by the Broward
County Sheriffs Office. Bidders submission of a
bid constitutes acknowledgement of and
consent to such investigation. City shall be the
sole judge in determining Bidders qualifications.
14. CONDITIONS OF MATERIALS
All materials and products supplied by the
Bidder in conjunction with this bid shall be new,
warranted for their merchantability, fit for a
particular purpose, free from defects and
consistent with industry standards. The products
shall be delivered to the City in excellent
condition. In the event that any of the products
supplied to the City are found to be defective or
do not conform to the specifications, the City
reserves the right to return the product to the
Bidder at no cost to the City.
Successful Bidder shall furnish all guarantees
and warranties to the Purchasing Division prior
to final acceptance and payment. The warranty
period shall commence upon final acceptance of
the product.
16. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no
violation of copyrights or patent rights in
manufacturing, producing or selling the goods
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
shipped or ordered as a result of this bid. The
seller agrees to hold the City harmless from all
liability, loss or expense occasioned by any such
violation.
16. SAFETY STANDARDS
The Bidder warrants that the product(s) supplied
to the City confomt with all respects to the
standards set forth in the Occupational Safety
and Health Act of 1970 as amended, and shall
be in compliance with Chapter 442, Florida
Statutes as well as any industry standards, if
applicable. Any toxic substance listed in Section
38F-41.03 of the Florida Administrative Code
delivered as a result of this order must be
accompanied by a completed Material Safety
Data Sheet (MSDS).
17. PERFORMANCE
Failure on the part of the Bidder to comply with
the conditions, terms, specifications and
requirements of the bid shall be just cause for
cancellation of the bid award, notwithstanding
any additional requirements enumerated in the
Special conditions herein relating to
performance based contracting. The City may,
by written notice to the Bidder, terminate the
contract for failure to perform. The date of
termination shall be stated in the notice. The
City shall be the sole judge of nonperformance,
18. INSPECTION
The City shall have the right to inspect any materials,
components, equipment, supplies, services or
completed work specified herein. Any of said items
not complying with these specifications are subject
to rejection at the option of the City. Any items
rejected shall be removed from the premises of the
City and/or replaced at the entire expense of the
successful vendor.
19. TERMINATION
a. DEFAULT: In addition to all other remedies
available to the City, this Agreement shall be subject
to cancellation by the City for cause, should the
Contractor neglect or fail to perform or observe any
of the terms, provisions, conditions, or requirements
herein contained, if such neglect or failure shall
continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or
failure.
b. TERMINATION FOR CONVENIENCE OF
CITY: Notwithstanding any additional
requirements for performance based contracting
contained in the special conditions herein, the
final Agreement may be terminated by the City
for convenience, upon seven (7) days of written
notice by the City to the Contractor for such
termination in which event the Contractor shall
be paid its compensation for services performed
to termination date, including services
reasonably related to termination. In the event
that the Contractor abandons this Agreement or
causes it to be terminated, Contractor shall
indemnify the city against loss pertaining to this
termination.
c. FUNDING OUT: This agreement shall remain
in full force and effect only as long as the
expenditures provided for in the Agreement have
been appropriated by the City Commission of the
City of Tamarac in the annual budget for each
fiscal year of this Agreement, and is subject to
termination based on lack of funding.
20. ASSIGNMENT
The Bidder shall not transfer or assign the
performance required by this bid without the
prior written consent of the City. Any award
issued pursuant to this bid and monies that may
become due hereunder are not assignable
except with prior written approval of the City.
21. EMPLOYEES
Employees of the Bidder shall at all times be
under its sole direction and not an employee or
agent of the City. The Bidder shall supply
competent and physically capable employees.
The City may require the Bidder to remove an
employee it deems careless, incompetent,
insubordinate or otherwise objectionable. Bidder
shall be responsible to the City for the acts and
omissions of all employees working under its
directions.
22. NON-DISCRIMINATION & EQUAL OPPORTUNITY
EMPLOYMENT
During the performance of the Contract, the
Contractor shall not discriminate against any
employee or applicant for employment because of
race, color, sex, religion, age, national origin, marital
status, political affiliation, familial status, sexual
orientation, or disability if qualified. The Contractor
will take affirmative action to ensure that employees
are treated during employment, without regard to
their race, color, sex. Religion, age, national origin,
marital status, political affiliation, familial status,
sexual orientation, or disability if qualified Such
actions must include, but not be limited to, the
TR12006 - EXHIBIT A
of Tamarac
following: employment, promotion; demotion or
transfer, recruitment or recruitment advertising, layoff
or termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship. The Contractor shall agree to post
in conspicuous places, available to employees and
applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of
this nondiscrimination clause. The Contractor further
agrees that he/she will ensure that Subcontractors, if
any, will be made aware of and will comply with this
nondiscrimination clause.
23. TAXES
The City of Tamarac is exempt from all Federal,
State, and Local taxes. An exemption certificate
will be provided where applicable upon request.
24. OMISSION OF DETAILS
Omission of any essential details from these
specifications will not relieve the Bidder of
supplying such product(s) as specified.
25. INSURANCE REQUIREMENTS
Bidder agrees to, in the performance of work
and services under this Agreement, comply with
all federal, state, and local laws and regulations
now in effect, or hereinafter enacted during the
term of this agreement that are applicable to
Contractor, its employees, agents, or
subcontractors, if any, with respect to the work
and services described herein.
Bidder shall obtain at Bidder's expense all
necessary insurance in such form and amount
as required by the City's Risk & Safety Officer
before beginning work under this Agreement.
Bidder shall maintain such insurance in full force
and effect during the life of this Agreement.
Bidder shall provide to the City's Risk & Safety
Officer certificates of all insurance required
under this section prior to beginning any work
under this Agreement. Bidder shall indemnify
and save the City harmless from any damage
resulting to it for failure of either Bidder or any
subcontractor to obtain or maintain such
insurance.
The following are required types and minimum
limits of insurance coverage, which the Bidder
agrees to maintain during the term of this
contract:
Line of Business/ Occurrence Aggregate
and Contracts Division
Coverage
Commercial General $1,000,000 $1,000,000
Liability
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation Statutory
& Employer's Liability
The City reserves the right to require higher
limits depending upon the scope of work under
this Agreement.
Neither Bidder nor any subcontractor shall
commence work under this contract until they
have obtained all insurance required under this
section and have supplied the City with
evidence of such coverage in the form of an
insurance certificate and endorsement. The
Bidder will ensure that all subcontractors will
comply with the above guidelines and will
maintain the necessary coverage throughout the
term of this Agreement.
All Insurance carriers shall be rated at least A-
VII per A.M. Bests Key Rating Guide and be
licensed to do business in Florida. Policies shall
be "Occurrence" form. Each carrier will give the
City sixty (60) days notice prior to cancellation.
The Bidder's liability insurance policies shall be
endorsed to add the City of Tamarac as an
"additional insured". The Bidder's Worker's
Compensation carrier will provide a Waiver of
Subrogation to the City. The Bidder shall be
responsible for the payment of all deductibles
and self -insured retentions.
The City may require that the Bidder purchase a
bond to cover the full amount of the deductible
or self -insured retention. If the Bidder is to
provide professional services under this
Agreement, the Bidder must provide the City
with evidence of Professional Liability insurance
with, at a minimum, a limit of $1,000,000 per
occurrence and in the aggregate. "Claims -
Made" forms are acceptable for Professional
Liability insurWs
TR12006 - EXHIBIT A
of Tamarac
F��1►f�7 N11I1r4[e7_`ireN1
The Bidder shall indemnify and hold harmless the
City of Tamarac, its elected and appointed officials
and employees from any and all claims, suits,
actions, damages, liability, and expenses (including
attorneys' fees) in connection with loss of life, bodily
or personal injury, or property damage, including
loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in
connection with the operations of the Bidder or his
Subcontractors, agents, officers, employees or
independent contractors, excepting only such loss
of life, bodily or personal injury, or property damage
solely attributable to the gross negligence or willful
misconduct of the City of Tamarac or its elected or
appointed officials and employees. City reserves
the right to select its own legal counsel to conduct
any defense in any such proceeding and all costs
and fees associated therewith shall be the
responsibility of Contractor under the
indemnification agreement.
F��1►1�]�;i�►1�1�.><iteTe1�71eY[�7;3
An Agreement resulting from this solicitation
does not create an employee%mployer
relationship between the Parties. It is the intent
of the Parties that the Contractor is an
independent contractor under this Agreement
and not the City's employee for any purposes,
including but not limited to, the application of the
Fair Labor Standards Act minimum wage and
overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the
Federal Unemployment Tax Act, the provisions
of the Internal Revenue Code, the State
Workets Compensation Act, and the State
Unemployment Insurance law. The Contractor
shall retain sole and absolute discretion in the
judgment of the manner and means of carrying
out Contractor's activities and responsibilities
hereunder provided, further that administrative
procedures applicable to services rendered
under any potential Agreement shall be those of
Contractor, which policies of Contractor shall not
conflict with City, State, or United States
policies, rules or regulations relating to the use
of Contractor's funds provided for herein. The
Contractor agrees that it is a separate and
independent enterprise from the City, that it had
full opportunity to find other business, that it has
made its own investment in its business, and
that it will utilize a high level of skill necessary to
perform the work. Any potential Agreement shall
not be construed as creating any joint
and Contracts Division
employment relationship between the
Contractor and the City and the City will not be
liable for any obligation incurred by Contractor,
including but not limited to unpaid minimum
wages and/or overtime premiums.
28. CLARIFICATION & ADDENDA
Where there appears to be variances or
conflicts between the General Terms and
Conditions and the Special Conditions and/or
Detailed Specifications outlined in this bid, the
Special Conditions and/or the Detailed
Specifications shall prevail.
The Bidder shall examine all bid documents and
shall judge all matters relating to the adequacy
and accuracy of such documents. If, upon
review, any material errors in specifications are
found, the Bidder shall contact the Purchasing
Office immediately. Any inquiries, suggestions,
requests concerning clarification, or requests for
additional information shall be submitted in
writing to the Purchasing and Contracts
Manager.
The City of Tamarac reserves the right to
amend this bid prior to the Bid opening date
indicated by written addenda. Written addenda
shall serve as the sole means of clarification.
The City shall not be responsible for oral
interpretations given by any City employee or its
representative.
29. BID TABULATION
Bidders may download the bid tabulation directly
from the Internet at httD:/Miww.tama jgfg.
The City does not notify unsuccessful Bidders of
contract awards.
Pursuant to Florida Statute Chapter 119,
Section 7(m), sealed bids or proposals received
by an agency pursuant to invitations to bid or
requests for proposals are exempt from the
provisions of subsection (1) and s. 24(a), Art. I of
the State Constitution until such time as the
agency provides notice of a decision or intended
decision pursuant to F.S. §120.57(3)(a), or
within 10 days after bid/proposal opening,
whichever is earlier.
30. RECORDS/AUDITS
The Contractor shall maintain during the term of
the contract all books, reports and records in
accordance with generally accepted accounting
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
practices and standards for records directly
a Form Agreement document. Bidders shall be
related to this contract. The form of all records
responsible for complying with all of the terms
and reports shall be subject to the approval of
and conditions of the Form Agreement
the City's Auditor. The Contractor agrees to
document if included herein, except where
make available to the City's Auditor, during
variant or conflicting language may be included
normal business hours and in Broward, Dade or
in any Special Conditions contained herein.
Palm Beach Counties, all books of account,
Bidders shall note any deviation or variance with
reports and records relating to this contract for
the Form Agreement document at the time of
the duration of the contract and retain them for a
bid submission.
minimum period of one (1) year beyond the last
35. OTHER GOVERNMENTAL ENTITIES
day or the contract term.
31. UNBALANCED BIDS
If a Bidder is awarded a contract as a result of
this Invitation for Bid, Bidder will, if Bidder has
When a unit price bid has variable or estimated
sufficient capacity or quantities available,
quantities, and the bid shows evidence of
provide to other governmental agencies, so
unbalanced bid pricing, such bid may be
requesting, the products or services awarded in
rejected.
accordance with the terms and conditions of the
32. UNIT PRICES
Invitation for Bid and resulting contract. Prices
shall be F.O.B. Destination to the requesting
Where a discrepancy between unit price and
agency.
total price is indicated on a Bidder's submitted
Schedule of Bid Prices or Price Proposal Form,
36. UUUGETARY
the unit prices shall prevail.
33. VENUE
In the event the City is required to reduce
contract costs due to budgetary constraints, all
services specified in this document may be
Any Agreement resulting from this solicitation
subject to a permanent or temporary reduction in
shall be governed b the laws of the State of
g Y
budget. In such an event, the total cost for the
Florida as now and hereafter in force. The
affected service shah be reduced as required,
venue for actions arising out of this agreement is
The Contractor shall also be provided with a
fixed in Broward County, Florida.
minimum 30-day notice prior to any such
34. FORM AGREEMENT DOCUMENT
reduction in budget.
The City may attach as a part of this solicitation,
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
INVITATION TO BID
HYPOTHERMIA INDUCTION KITS
BID NO. 11-07B
Sealed bids, addressed to the Purchasing and Contracts Manager of the City of
Tamarac, Broward County, Florida, will be received in the Purchasing Office, Room
108, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 4:OO12M local time
Wednesday, February 23, 2011 at which time bids will be publicly opened and
announced for, HYPOTHERMIA INDUCTION KITS.
All bids received after the date and time stated above will be returned unopened. All
firms are invited to attend the opening.
Submit one (1) original document, marked "Original' on its exterior, prior to the bid
opening deadline. Late bids will not be accepted. Two (2) photocopies should
accompany your original. Bids must be submitted on the official Bid Forms furnished
with this bid package; and those submitted otherwise will not be considered responsive.
The submittal should be plainly marked, "11-07B HYPOTHERMIA INDUCTION KITS"
on outside of the envelope.
The City of Tamarac, Fire Department, is seeking bids to provide HYPOTHERMIA
INDUCTION KITS.
The City reserves the right to accept or reject any or all bids, or any part of any bid, to
waive any informalities, and to award in the best interest of the City of Tamarac. The Bid
document will be available for no charge at Tamarac City Hall, 7525 NW 88t" Avenue,
Tamarac, FL 33321, Purchasing, Room 108, or may be downloaded at
wVffl.tamA[%1r,.org-
For non -technical inquiries, contact the Purchasing Office at (954) 597-3570. For
technical issues, direct questions by fax or e-mail to the EMS Division Manager, Tom
Sheridan, Tamarac Fire Department via email at tomsh0tamarac.orq or Fax at (954)
597-3810. Be sure to include the Project Name and Bid Number on all correspondence.
Steven J. Beamsderfer, CPPB
Buyer
Publish Dates: February 6, and February 13, 2011
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
TABLE OF CONTENTS
Bid No. 11-078
General Terms and Conditions........................................................................................... 2
Invitationto Bid..................................................................................................................
9
Tableof Contents..............................................................................................................
10
SpecialConditions.............................................................................................................11
TechnicalSpecifications....................................................................................................
13
Bidder's Checklist..............................................................................................................
14
Bid Form and Pricing ............................. ............... 15 —
18
Non -Collusive Affidavit......................................................................................................19
Certification.......................................................................................................................
21
Bidder's Qualification Statement.......................................................................................
22
References........................................................................................................................
23
Vendor Drug -Free Workplace...........................................................................................
24
SwornStatement...............................................................................................................
25
CertifiedResolution...........................................................................................................
28
10
TR12006 - EXHIBIT A
City of 7 amarac Purchasing and Contracts Division
SPECIAL CONDITIONS
HYPOTHERMIA INDUCTION KITS
BID NO. 11-078
PURPOSE OF BID
The City of Tamarac is hereby requesting Bids, from qualified vendors, to provide
the Tamarac Fire Department with Hypothermia Induction Kits meeting the
specifications contained herein. Funding for this purchase is being made available
under a Broward County Emergency Medical Services (EMS) grant, as a part of
the state EMS county grant. The City of Tamarac is a sub -grant project
coordinator and has entered into an agreement with various neighboring Fire
Rescue Sub -Grantees for the purchase and receipt of hypothermia Induction Kits
to be placed on Tamarac and various other ALS fire rescue vehicles in "Broward
County. In its' role as sub -grant project coordinator, the City of Tamarac will
distribute the Hypothermia Induction Kits to the various neighboring Fire Rescue
sub -grantees based on their established requests.
2. RESTRICTIONS
The components of these kits are restricted only to those shown in the technical
specifications section of this document. These restrictions are a result of a
comprehensive market analysis of the needs and capabilities for the products
specified herein.
3. BIDDER QUALIFICATIONS
To submit a bid for this solicitation, potential vendors must be an authorized
dealer or distributor for the product manufacturer or manufacturers herein shown.
Additionally, vendors must be able to offer full manufacturers' warranty as well as
warranty service or have the ability to coordinate such service through the
manufacturer.
11
TR12006 - EXHIBIT A
City o/ Tamarac I Purchasing and Contracts Division
9
A
6.
7
8.
9.
WARRANTIES
Awarded vendor must extend full factory warranties on kits distributed to the
various Fire Rescue sub -grantees without any involvement or obligation on the part
of the City of Tamarac. All warranty issues will be handled directly with the various
sub -grantees. The City of Tamarac will provide information as to the identity of the
sub -grantee, the quantity and serial number of kits distributed to each sub -grantee
upon request
CONDITION OF GOODS
All bid items and ancillarty accessories must be new, never used and of first
quality. No factory seconds, rejects, refurbished or remanufactured items will be
accepted.
DELIVERY
All costs for freight, delivery and packaging shall be included in the bid price . All
items will be shipped FOB destination.
BASIS FOR AWARD
This bid will be awarded to the responsive and responsible bidder submitting the
lowest Bid Price per Hypothermia Induction Kit that complies fully with all terms,
specifications and conditions of this bid. It is anticipated that the requirement will be
for 49 Kits. The City reserves the right to adjust the total number of kits required by
approximately 10% either up or down at its' sole discretion without a change in the
unit ptice bid.
CONTINGENCY ITEMS
As Contingency Items, the City is requesting pricing on unspecified quantities of
Hypothermia Induction Kits. Contingency items are items which the City may elect
to purchase in the future, but for which the City has no immediate requirements.
Contingency Item pricing will not be a factor in determining the lowest responsive
and responsible bidder for purposes of evaluation for bid award. The City reserves
the right not to purchase these items, and is under no obligation to do so, from the
same vendor awarded this bid.
DELIVERY DATE
All items ordered shall be delivered to the City of Tamarac no later than 30 days
after the issuance of a written Purchase Order.
12
TR12006 - EXHIBIT A
City of Tamarac purchasing and Contracts Division
TECHNICAL SPECIFICATIONS
HYPOTHERMIS INDUCTION KITS
BID NO. 11-07B
HYPOTHERMIA INDUCTION KIT MAKEUP
For purposes of this bid a Hypothermia Induction Kit shall consist of one each of the
following four items:
Item 1
Engel model #MHD13F-D (Engel EMScooler
This cooler must have a built-in digital thermometer with LED display. Cooler
must be capable of automatically maintaining a constant temperature of 2-30C
(35-37°F) in its' storage compartment despite fluctuating ambient temperatures.
The unit must be capable of 12V DC (hard wire or 12V adapter) and capable of
110V AC conversion.
Item 2
Engel Converter/Power Supply (120v)
The adapter/converter converts AC to DC to operate with the MHD13F-DM unit.
Item 3
Engel (or egual) Intravenous (M Pressure Infuser
The insulated IV pressure infuser must be capable of holding a 1000 mL saline
bag to assist in maintaining the temperature infused solution for patient care.
The solution should be visible during administration to ensure fluid accuracy.
Item 4;
En el DC Thermal Fuse re lacement
This fuse is intended as a spare and will be in addition to the fuse which comes
pre -installed in the MHD13F-DM unit
13
TR12006 - EXHIBIT A
City of Tarnarac Purchasing and Contracts Division
COMPANY NAME (Please Print): Bound Tree Medical, LLC
Phone: 800-533-0523
Fax: 800-257-5713
BEFORE SUBMITTING YOUR BID, MAKE SURE YOU...
0 1. Carefully read the General Terms & Conditions, Special Conditions and the
General Requirements.
E 2. Properly fill out the Bid Form.
0 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized.
0 4. Sign the Certification page. Failure to do so will result in your Bid being
deemed non -responsive.
0 5. Fill out the Bidder's Qualification Statement.
❑x 6. Fill out the References page.
❑x 7. Sign the Vendor Drug Free Workplace Form.
[]x 8. Fill out the Public Entity Crimes Statement.
0 9. Fill out and sign the Certified Resolution.
[]x 10. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly
marked with the BID NUMBER AND BID NAME on the outside of the
package.
Make sure your Bid is submitted PRIOR to the deadline.
Late Bids will not be accepted.
Failure to provide the requested attachments may result in your bid
being deemed non -responsive.
THIS SHOULD BE THE FIRST PAGE OF YOUR BID.
14
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
BID FORM
HYPOTHERMIA INDUCTION KITS
BID NO.11-07B
Submitted by: Bound Tree Medical, LLC Date 02/2111
THIS BID IS SUBMITTED TO:
City of Tamarac
Purchasing and Contracts Manager
7525 Northwest 88t" Avenue
Tamarac, Florida 33321
The undersigned Bidder proposes and agrees, if this bid is accepted, to furnish all
items as specified herein for the Bid Price and within theDelivery Period indicated
in this bid.
2. This bid will remain subject to acceptance for sixty (60) days after the day of bid
opening. Bidder will sign and submit the necessary documents required by the City
within fifteen (15) days prior to the date of the City's Award.
a) Bidder has familiarized itself with the specifications and requirements of
the bid documents, locality, and all laws and regulations that in any
manner may affect cost, progress, performance or furnishing of the items.
b) Bidder has given the City written notice of all conflicts, errors or
discrepancies that it has discovered in the contract documents and the
written resolution thereof by the City is acceptable to Bidder.
c) This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization or
corporation; Bidder has not directly or indirectly induced or solicited any
other Bidder to submit a false or sham Bid; Bidder has not solicited or
induced any person, firm or corporation to refrain from bidding; and Bidder
has not sought by collusion to obtain for itself any advantage over any
other Bidder or over the City.
3. Bidder will provide items bid for the prices shown in the "Bid Form".
4. Bidder agrees that the Work will be substantially performed and complete in
accordance with the schedules established herein.
15
TR12006 - EXHIBIT A
of Tamarac
BID FORM
(continued)
HYPOTHERMIA INDUCTION KITS
BID NO. 11-07B
To: The Purchasing and Contracts Manager of the City of Tamarac:
and Contracts Division
We propose to furnish the following in conformity with the terms, specifications and
special conditions of this bid at the following bid prices. The bid prices quoted have
been checked and certified to be correct.
Item
Anticipated
Bid Price (each)
Extended
Quantity
Hypothermia
Induction Kit
*Part Ps Below
49 each
$ 748.38/ea each
$136,670.62
**BTM #1890-1361414gt fridge/heating ability,digital thermometer w/display 12v, DC, EMS, Engel $665.65/ea
BTM #1890-64020 5.25amp Converter for the Engel 15gt Model $32.50/ea
BASIS OF AWARD: Shall be as outlined in the Special Conditions section of this
document.
BTM *2530-10604 Insulated IV Pressure Infuser Bag $45.83/ea
BTM #1890-20061 Replacement Thermal Fuse for the Engel DC Power Cord Plug $4.40/ea
CONTINGENCY ITEM(S): Pricing for the following Contingency Items will not be a
factor in determining the lowest responsive and responsible bidder for purposes
of evaluation for bid award
Item
Price prior to 7/31/2011
Price 8/1/2011 until 12/31/2011
Hypothermia
Induction Kit
$748.38/ea each
$ 36,670.62 each
16
TR12OO6 - EXHIBIT A
of Tamarac
Purchasing and Contracts Division
The City reserves the right to reject any bid, if it deems that a vendor has deliberately
provided erroneous information. The undersigned declare to have specific and legal
authorization to obligate their firm to the terms of this bid, and further, that they have
examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other
documents included in this bid request, and hereby promises and agrees that, if this bid
is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and
warranties thereto. The undersigned bidding firm further certifies the product and/or
equipment meets or exceeds the specification as stated in the bid package; and also
agrees that products and/or equipment to be delivered which fail to meet bid
specifications will be rejected by the City within thirty (30) days of delivery. Return of
rejection will be at the expense of the bidder.
Bound Tree Medical, LLC
Company Name
5000 Tuttle Crossing Blvd
Address
Dublin OH 43017
City, State, ZIP
Contractor's License Number
(if applicable)
.P211 - . -
Mark Dougherty
Typed/Printed Name
800-533-0523 & 800-257-5713
Telephone & Fax Number
31-1739487
Federal Tax ID#
17
TR12006 - EXHIBIT A
of Tamarac
BID FORM
(continued)
HYPOTHERMIA INDUCTION KITS
BID NO.11.07B
Bidders Name: Bound Tree Medical LLC
and Contracts Division
TERMS: U % (percent discount, if any, if payment made within U
DAYS; otherwise, terms are NET 30 days.
To be considered eligible for award, one (1) original and three (3) copies of this bid
form should be submitted with the Bid. Copies must be provided within 3 business
days of City's request.
NOTE: Bid submittals without the manual signature of an authorized agent of the
Bidder, as evidenced by completion of the Certified Resolution form contained herein
(or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for
award.
IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION:
Please indicate reason(s) why a Bid Proposal is not being submitted at this time.
Return the Bid Form to avoid removal of Bidder from the City of Tamarac's
vendor listing.
18
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
NON -COLLUSIVE AFFIDAVIT
State of Ohio
County of Franklin )ss.
Mark Dou ihedy BEING FIRST DULY SWORN,
DEPOSES AND SAYS THAT:
I. He/she is the CFO/Secreta treasurer , (Owner, Partner, Officer,
Representative or Agent) of Bound Tree Medical LLC , the Offeror that
has submitted the attached Proposal;
2. He/she is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
3. Such Proposal is genuine and is not a collusive or sham Proposal;
4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded,
conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or
person to submit a collusive or sham Proposal in connection with the Work for which the
attached Proposal has been submitted; or to refrain from bidding in connection with such
Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or
communication, or conference with any Offeror, firm, or person to fix the price or prices
in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost
elements of the Proposal price or the Proposal price of any other Offeror, or to secure
through any collusion, conspiracy, connivance, or unlawful agreement any advantage
against (Recipient), or any person interested in the proposed Work;
5. The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of
the Offeror or any other of its agents, representatives, owners, employees or parties in
interest, including this affiant.
Signed, sealed and delivered in the presence of:
By
Witness
Mark Doughedy
Witness Printed Name
CFO/Secrets /Treasurer
Title
19
City of Tamarac Purchasing and Contracts Division
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of ptofi Ohio
County of Franklin
On this the 21 day of February_ , 2011 , before me, the undersigned Notary Public of
the State of Florida, personally appeared
Mark Dougherty _ _ and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that
he/she/they executed it.
WITNESS my hand
and official seal.
l►Le�l_L'�'11113pro
SEAL OF OFFICE:
rs1 .
NOTARY PUBLIC, STATE OF AMMOA
OW.10
Mit`a: L hCTY
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
:Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or
❑ DID NOT take an oath
20
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
A;IZ41119 X-111 0#1111
THIS DOCUMENT MUST BE SUBMITTED WITH THE BID
We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the
Invitation to Bid. We (1) certify that we(I) have read the entire document, including the
Specifications, Additional Requirements, Supplemental Attachments, Instructions to
Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all
of the requirements of the entire Invitation To Bid.
Indicate which type of organization below:
INDIVIDUAL ❑
If "Other", Explain:
PARTNERSHIP ❑x
"Z166�z�
A tWeiied-Sigfiature
Mark Dougherty
Typed/Printed Name
800-533-0523
Telephone
800-257-5713
Fax
CORPORATION ❑ OTHER ❑
Bound Tree Medical, LLC
Company Name
5000 Tuttle Crossing Blvd
Address
Dublin, OH 43017
City, State, ZIP
31-1739487
Federal Tax ID Number
Mark.Dougherty@Samova.com N/A _
Email address for above signer (if any) Contractor's license Number
V
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
BIDDERS QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and all
answers to questions made hereinafter:
Name of Company
Address
City State Zip
Telephone
Bound Tree Medical, LLC
5000 Tuttle Crossing Blvd
Dublin, OH 43017
800-533-0523
Fax Number 800-257-5713
1. How many years has your organization been in business under its present name?
33 Years
2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida
Fictitious Name Statute: N/A
3. Under what former name(s) has your business operated?
N/A
List former address(es) of that business (if any).
N/A
4. Are you Certified? Yes ❑ No El If Yes, attach copy of Certification
5. Are you Licensed? Yes ❑ No ❑x If Yes, attach copy of License
6. Has your company ever declared bankruptcy? Yes ❑ No ]
If Yes, explain:
7. Are you a Sales Representative 0 Distributor ❑ Broker ❑ or Manufacturer ❑
of the commodities/services bid upon?
8. Have you ever received a contract or a purchase order from the City of Tamarac or
other governmental entity? Yes ❑x No ❑ If yes, explain (date, service/project, bid title
etc.)
There was an order placed on Februa 14 2011 for some suoplies.
9. Have you ever received a complaint on a contract or bid awarded to you by any
governmental entity? Yes ❑ No ❑x If yes, explain:
10. Have you ever been debarred or suspended from doing business with any governmental
entity? Yes ❑ No N If yes, explain:
22
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
REFERENCES 'Please see attachment
Please list government agencies and/or private firms with whom you have done business during
the last five years:
Your Company Name _Bound Tree Medical. LLC
Address 5000 Tuttle Crossing Blvd
City State zip Dublin, OH 43017
Phone/Fax - 33-0523/800-257-5713
E-mail customerservice boundtree.com
Agency/Firm Name:
Miami Beach Fire Department
Address
1680 Meridian Ave Ste 203
City State Zip
Miami Beach, FL 33139
Phone/Fax .
305-673-7000
Contact Name
Ray Morris - -- - -
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
23
TR12006 - EXHIBIT A
BounaTree
. . medical .
h&Ow Avelovs Mlnwes Omni..."`
REFERENCES
1) Randy Ogden
City of Tucson, Purchasing
4004 S Park Ave
Tucson, AZ 85714
520-791-4515
2) William Clark
City of Pittsburgh
Purchasing Agent
414 Grant Street, First Floor
Pittsburgh, PA 15219
415-255-2485
3) Tom Ferkaluk
Phoenix Fire Department
Supplies Supervisor
2625 S. 19th Ave
Phoenix, AZ 85009
(602) 256-3534
tom.ferkaluk@phoenix.gov
4) Rick Meadows
City of Columbus Fire Department
2028 Williams Road
Columbus, Ohio 43207
614-221-3132
P.O. Box 8023 Dublin, OH 43016 phone 614.760.5000 fax 614.760.5010 www.houndtrce.com
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal certifying
they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This
requirement affects all public entities of the State and becomes effective January 1, 1991.
The special condition is as follows:
IDENTICAf__TIE BIDS - Preference may be given to businesses with drug -free workplace
programs. Whenever two or more bids that are equal with respect to price, quality, and
service are received by the State or by any political subdivision for the procurement of
commodities or contractual services, a bid received from a business that certifies that it has
implemented a drug -free workplace program shall be given preference in the award process.
Established procedures for processing tie bids will be followed if none of the tied vendors
have a drug -free workplace program. In order to have a drug -free workplace program, a
business shall:
1. Publish 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. Inform 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. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of
any controlled substance law of the United States or any state, for a violation occurring
in the workplace no later that five (5) days after each conviction.
5. Impose a section on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community,
by any employee who is so convicted.
6. Make 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 form complies fully with the above requirements.
Bound Tree Medical, LLC
gutofiied SkShature Y Company Name
24
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No. 1„1�476 _ _ to the
City of Tamarac for Hyp2thermla Induction Kits
2. This sworn statement is submitted by Bound Tree Medical, LLC
(Name of entity submitting sworn statement)
Federal Employer Identification Number (FEIN) 31-1739487
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
3. My name is Mark Dougherty _ _
(Print name of individual signing)
My relationship to the entity named above is CFO/Secretaryfrreasurer
4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means
a violation of any state or federal law by a person with respect to and directly related to the transaction
of business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any bid or contract for goods or services, any lease for real
property, or any contract for the construction or repair of a public building or public work, involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida to u
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after
July 1,1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere.
6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime: or
b. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The owner by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the
United States with the legal.power to enter into a binding contract and which bids or applies to
bid on contracts led by a public entity or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors, executives,
partners, shareholders, employees, members and agents who are active in management of an
25
TR12006 - EXHIBIT A
of Tamarac
Purchasing and Contracts Division
entity.
8. Based on information and belief, the statement, which I have marked below, is true in relation
to the entity submitting this sworn statement. (Please indicate which statement applies.)
x❑ Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, nor any affiliate of the entity were charged with and
convicted of a public entity crime after July 1, 1989.
❑ The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, or an affiliate of the entity was charged with and convicted
of a public entity crime after July 1, 1989.
❑ The entity submitting this sworn statement, or one of its officers, director, executives,
partners, shareholders, employees, members, or agents who are active in the
management of the entity, or the affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn
statement on the convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT 1 AM REQUIRED TO INFORM THE
PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF
ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
02/21/11
(Date)
26
TR12006 - EXHIBIT A
City of Tamarac Purchasing and Contracts Division
��GI]M.ICIM11"
State of f4e6da-- Ohio
County of Franklin 2011
On this the 21 day of February , 20", before me, the undersigned Notary Public of the
State of Florida, personally appeared
MM.3507511011
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that
he/she/they executed it.
WITNESS my hand
and official seal.
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF RGEMMA
oFtu.o
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
I Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or
❑ DID NOT take an oath
27
TR12006 - EXHIBIT A
City of Tamarac Purchasing and C017tracts Division
CERTIFIED RESOLUTION
I, Mark Dougherty (Name), the duly elected Secretary of
Bound Tree Medical LLC (Corporate Title), a corporation organized and existing under the laws of the
State of OH , do hereby certify that the following Resolution was
unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a
meeting held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT Mark -Dougherty (Name)", the duly
elected CFO/Secretary/Treasurer (Title of Officer) of
Bound Tree Medical a_LC _ (Corporate Title) be and is hereby authorized to execute and
submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other
instruments In writing as may be necessary on behalf of the said corporation; and that the Bid, Bid
Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its
own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by
the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be
indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting
from or growing out of honoring, the signature of any person so certified or for refusing to honor any
signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name, titles and official signatures of those persons
authorized to act by the foregoing resolution.
NAME TITLE SIG ATU
Mark Dougherty CFO/Secretary/Treasurer
Given under my hand and the Seal of the said corporation this 21 day of Februa� 2011 .
(SEAL) By:
ecretary
CFO/Secretary/Treasurer
Corporate Title
NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed
explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that
the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to
do so in its behalf.
28
TR12006 - EXHIBIT A
B,-,voundt"Eree
1rr • ng PnM(aNr h kNMs ConN(... ................ .. .... .... ........ . ... .. ... . ......--...._._.. _........_ .
February 25, 2011
Steven Beamsderfer
Purchasing and Contracts Division
City of Tamarac
7525 NW 8811i Ave, Room 108
Tamarac, I+L 33321
RE; ITB 11-07B Hypothermia Induction Kits
Dear Steven,
In regard to Subject bid, we are able to hold the price of $748.38 each for any purchase of the kit as listed
on page 16 of our submitted bid through 12/3 1/1I . In addition, we are offering free shipping for these
products.
If you need additional information, please contact Bethany Moore, Manager, Bids/Contracts at 614-760-
5233 or bniooreRboundtree.com. Thank you for your assistance.
Sincerely,
Ma Daughert' y
CFO/Treasurer
P.O. Box 8023 1 Dublin, OH 43016 1 phone 614.760.5000 1 fax 614,760.5010 1 www.boundrree.cnrn