HomeMy WebLinkAboutGeneral Terms and ConditionsSYXLH11Yt YJ HUM. 'I+lYN1111'
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SECTION 1
GENERAL TERMS AND CONDITION
1.1. DEFINITIONS
Bid - shall refer to any offers) submitted in response to this solicitation.
Bidder - shall refer to anyone submitting a Bid in response to this
solicitation.
Bid Solicitation shall mean this solicitation documentation, including
any and all addenda.
.Bid Strbrnittal Form defines the requirement of items to be
purchased, and must be completed and submitted with Bid. The Bidder
should indicate its name in the appropriate space on each page.
Cormty — shall refer to Miami -Dada County, Florida
DPM -- shall refer to Miaui-bade Camay's Department of Procurement
Marriage i en,, Bids and Commas Division..._ _ ..... .
Enrolled Vendor - EFFECTIVE JULY 8, 2002, shall refer to a firm
that has completed the necesaary documentation iu order to receive Bid
notifications from the County, but has not yet registered -
Registered Vendor- shall refer to a firm that has completed the Miami -
Dade County Business Entity Registrntion Application and has satisfied
all requirements to enter in to business agreements with the County,
For additional information about on-line vendor enrollment or
vendor registration contact the Vendor Assistance Unit et 111 N.W.
1" Street, 13th Floor, Mend, FL 33128, Phone 305375-5773.
EFFECTIVE JULY 1, 2002, vendors will be able to enroll and
register online by visiting oar web site rot htte:lhniomidade.eov and
click on "Business".
1.2. INSTRUCTIONS TO BIDDERS
A. Bidder Qua110eatbn
It is the policy of the County to encourage full and open competition
among all available qualified vendors. All vendors regularly engaged in
the type of work speed in the Bid Solicitation are encouraged to
submit Bids. Vendors may enroll with the County to be included on a
mailing list for selected categories of goods and services. To be eligible
for award of a contract (including small purchase orders), Bidders muss
complete a "Miami -Dade County Business Entity Registration
Application", Only Registered Vendors can be awarded County
contracts. Vendor are encouraged to register with the County anytime
by contacting the Vendor Information Center at 305-375-5287. The
County endeavor to obtain the participation of all qualified minority
and disadvantaged business cotes -prises. For information and to apply for
certification, contact the Department of Business Development, at 111
N.W. 1 Street, 191' Floor, Miami, FL 33128-1844, or telephone a1 305-
375-3111, County employees wishing to do business with the County
are referred to Section 2-11,1(d) of the Miami -Dade County Code.
B. Vendor Registration
To be recommended for award the County requires that vendors
complete a Miami -Dade County Business Entity Registration
Application with all required disclosure affidavits. The Miami -Dade
County Business Entity Registration Application must be returned to the
Department of Procurement Management (DPM), Bids and Contracts
Division within Fourteen (14) days of notification of the intent to
recommend for award. In the event the Miami -Dade Cowry Business
Entity Registration Application is not properly completed and returned
within the specified time, the County may award to next lowest
responsive Bidder. The Bidder is responsible for obtaining the Miami -
Dade County Business Entity Registration Application and ail affidavits
by downloading from DPM's website at http dim iamidade.eov and click
on "Business" or from the Vendor Assistance Unt at I11 N.W. 1"
Street, Miami, FL. In becoming a Registered Vendor with Miami -Dade
County, the vendor confirms its knowledge of and commitment to
comply with the following:
1. Disclosure of Employment - pursuant to Section 2-8.1(d) of the
County Code.
2. Disclosure of Ownership Affidavit - pursuant to Section 2-8.1(d)
of lho County Code.
3. Dnig-Fret Affidavit - pursuant to Section 2-8.1.2(b) of the County
Code.
4. W-9 and 81.09 Fors - The vendor must furnish these forms as
required bythe Internal Revenue Service.
5 Social Security Number - The vendor must provide a copy of the
primary owner's social set city card if the social security number
is being used in lieu of the Federal Identification Number
(F.E.I.N.).
6 ' Americans with I'nsauiiities' A i' (R.D.A.) Affidavit - It. is the
policy of the County to comply with di requirements of County
Resolution RI82-00 aodthe A.D,A.
7. Collection of Fees, Taxes and Parking Tickets Affidavit - pursuant
to Section 2-8.1 (c) aftln County Code.
8. Conflict of Interest and Code of Ethics - pursuant to Sections 2-
8, 1 (i) and 2-11.1(b) (1) though (6) and (9) of the County Code and
County Ordinance No. 00-1 amending Section 2.11.1(c) of the
County Code.
9. Code of Business Ethics - pursuant to Section 2-8.1(i) of the
County Coda.
10. Debarment Disclosure Affidavit - pursuant to County Code 10-3 B.
11. Office of the Inspector General Pursuant to Section 2-1076 of the
County Code.
12. Minority and Disadvantaged Business Enterprises. The County
endeavors to obtain the participation of all minority and
disadvantaged business enterprises pursuant to Sections 2.8.2, 2-
8.2.3 and 2.8.2.4 of the County Code and Title 49 of the Code of
Federal Regulations.
13. Individuals and Entities Doing Business with the County not
current in their obligations to the County - pursuant to Sections 2-
8,1(b) and 2-11,1(bx8) of the County Code.
14. Nondiscrimination puruad to Section 2-8.1.5 of the County Code.
15. Family Leave - Pursuantto Section 11A-30 of the County Code.
16. Living Wage - Pursuant to Section 2-8.9 of the County Code,
17. Domestic Leave- Pursuant to Section 11A- 0 of the County Code.
18. Antitrust Laws - By acceptance. of any contract, the vendor agrees
to comply with all antitrust laws of the United States and the State
of Florida.
C. PUBLIC ENTITY CRIMES
To be eligible for award of a contract, firma wishing to do business with
the Countymuat comply with the following:
Pursuant to Section 287,133(2xa) of the Florida Statutes, a person or
Affiliate who has been placed on the convicted vendor list following
conviction for a 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 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 wont 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 of the
Florida Stetulea, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convwted vendor list.
D.
1.
Request for Additional Informedon
Pursuant to Section 2-11.1(t) of the County Code, all Bid
Solicitations, once advertised and until an award recommendation
has been forwarded to the appropriate authority are under the
"Cone of Silence". Any communication or inquiries, except for
clarification of process or procedure already contained in the
solicitation, are to be made in writing to the attention of the
Prpeuremett Agent identified on the t}ont page of the solicitation.
Such inquiries or request for information shall be submitted to the
procurement agent in writing and shall contain the requester's
name, address, and telephone number. If transmitted by facsimile,
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the request should also include a cover sheet with Bidder's
facsimile number. The requester must also file a copy of this
written request with the Cleric of the Board, 111 NW 1' Street, 17t
Floor, suite 202, Miami, Florida 33128.1983 or email
cleriibcc(clmiamidade. coy.
2. The Department of Procurement Management may issue an
addendum in response to any inquiry received, prior to Bid
opening, which changes, adds to or clarifies the terms, provisions
or requirements of the solicitation. The Bidder should not rely on
any representation, statement or explanation whether written or
... - verbal, other than thole made in thin bid Solicitation document or
in any addenda issued Where here appears to be a conflict
between this Bid Solicitation and any addenda, the last addendum
issued shall prevail.
3. It is the Bidder's responsibility to ensure receipt of all addenda,
and any accompanying documentation, The Bidder is required to
submit with its Bid a signed "Acknowledgment of Addenda" form,
when any addenda have been issued.
E. Contents' ABM Soadtation and Bidden' Responsibilities
1. It is the responsibility of the Bidder to become thoroughly familiar
with the Bid requirements, terns and conditions of this solicitation.
Pleas of ignorance by the Bidder of conditions that exist or that
may exist will not be accepted as a basis for varying the
requirements of the County, or the compensation to be paid to the
Bidder,
2. This solicitation is subject to all legal requirements contained in
the applicable County Ordinances, Administrative Orders, and
Resolutions, as well as all applicable State and Federal Statutes.
Where conflict exists between this Hid Solicitation and these legal
requirements, the authority shall prevail in the following order.
Federal, State and local.
3. It is the responsibility of the Bidder/Proposer, prior to conducting
any lobbying retar$bit this solicitation to file the appropriate
form with the Clerk of the Board stadia that a Particular
lobbyist b aiRtorhed to represent the Bidder/Proposer. The
Bidder/Proposer shall also file s form with the Clerk of the Board
at the point in time at which a lobbyist is no longer authorized to
represent said Bidder/ Proposer. Failure of a Bidder/Proposer to
file the appropriate form required, in relation to each solicitation,
may be considered as evidence that the Bidder/Proposer is not a
responsible contractor.
F. Change or Withdrawal of Bids
I. Changes to Bid - Prior to the scheduled Bid opening *Bidder may
cheap its Bid by submitting a new Bid, (as indicated on the cover
page) with a letter in writing on the fuss letterhead, signed by an
authorized agent stating that the new submittal replaces the
original submittal. The new submittal shall contain the letter and
all information as required for submitting the original Bid, No
changes to a Bid will be accepted after the Bid has been opened.
2. Withdrawal of Bid — A Bid shall be irrevocable unless the Bid is
withdrawn as provided herein. Only written a letter received by
the DPM Bids and Contracts Division prior to the Bid opening date
may withdraw a bidA bid may also be withdrawn ninety (90)
days after the Bid ias been opened and prior to award, by
submitting a letter to the contact person identified cut the front
cover of this Bid Solicitation. The withdrawal letter must be on
company letterhead and signed by an authorized agent of the
Bidder.
G. Conflicts Within The Bid Solicitation
Where there appears to be a conflict between the General Terms
and Conditions, Special Conditions, the Technical Specifications,
the Bid Submittal Section, or any addendum issued, the order of
precedence shall be: the last addendum issued, the Bid Submittal
-III-
Section, the Technical Specifications, the Special Conditions, and
then the General Terms and Conditions.
IL Prompt Payment Terms
1. It is the policy of Miami -Dade County that payment for all
purchases by County agencies and the Public Health Trust shall be
made in a timely manner and that interest payments be made on
late payments. In accordance with Florida Statutes, Section 218.74
and Section 2-8.1.4 of the Miami -Dade County Code, the time al
which payment shall be due from the County or the Public Health
Trust shall be'forty-five '(45) days from receipt of aproper invoice,
The time at which pay:nent shall be due to small businesses and
minority and women business enterprises shall be thirty (30) days
from receipt of a proper invoice. All payments due from the
County or the Public Health Trust, and not made within the time
specified by this section, shall bear imereat from thirty (30) days
alter the due date at tha rate of one percent (1%) per mouth on the
unpaid balance. Further, proceedings to resolve disputes for
payment of obligations shall be concluded by final written decision
of the County Manager, or his or her designee(s), not later than
sixty (60) days alter the date on which the proper invoice was
received by the County or the Public Health Trust.
2. The Bidder may offer cash discounts for prompt payments;
however, such discounts will not be considered in determining the
lowest price during bid evaluation. Bidders are requested to
provide prompt payment terms in the space provided on the Bid
submittal signature page of the solicitation.
13. PREPARATION OF BIDS
A. The Bid submittal form defines requirements of items to be
purchased, and must be completed and submitted with the Bid. Use
of any other form will result in the rejection of the Bidder's offer.
B. The Bid submittal form mast be legible. Bidders shall use
typewriter, computer or ink All changes must be crossed out and
initialed in ink. Failure to comply with these requirements may
cause the Bid to be rejected.
C. An authorized agent of the Bidder's firm must sips[ the Bid
submittal form. FAILURE TO SIGN THE BID SUBMITTAL.
FORM SHALL RENDER TiTE BID NON -RESPONSIVE
D. The Bidder may be considered non -responsive if bids are
conditioned to modifications, changes, or revisions to the terms
and conditions of thii solicitation.
E. The Bidder may submit alternate Bid(s) for the same solicitation
provided that such offer is allowable under the terms and
conditions. The alternate Bid must meet or exceed the minimum
requirements and be submitted on a separate Bid submittal marked
"Alternate Bid".
F. When ibere is a discrepancy between the unit prices and any
extended prices, the unit prices will prevail
1.4. CANCELLATION OF BID SOLICITATION
Miami -Dade County reserves the right to cancel, in whole or in part, any
Invitation to Bid when it is in the best interest of the County.
1.5. AWARD OF BID SOLICITATION
A. This Bid may be awarded to the responsible Bidder meeting all
requirements as set forth in the solicitation. The County reserves
the right to reject any and all Bids, to waive irregularities or
technicalities and to re -advertise for all or any part of this Hid
Solicitation as deemed in its best interest. The County shall be the
sole judge of its best interest.
B When there are multiple line items in a solicitation, the County
reserves the right to award on an individual item basis, any
combination of items, total low Bid or in whichever manner
deemed in the best interest of the County.
C. The County reserves the right to reject any and all Bids if it is
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determined that prices are excessive, best offers are determined to
bo unreasonable, or it is otherwise determined to be in the
County's best interest to do so.
D. The County reserves the right to negotiate prices with the low
bidder, provided that the scope of work of this solicitation remains
the Dante,
E. Award of this Bid Solicitation will only ha made to firms that have
completed the Miami -Dade County Buainas/ Entity Registration
Application and that satisfy all necessary legal requiremems to do
.. business.withMiami-Dade. County,. Firms .dom.iciled _in ,Miami
Dade County must presort a. copy of. their Miami -Dade County .._
issued Occupational License.
F. Pursuant to County Code Section 2-8.1(g), the Bidder's
performance as a prince contractor or subcontractor on previous
County contract/ shall be taken into account in evaluating the Bid
received for this Bid Solicitation.
C. To obtain a copy of the Bid tabulation, Bidder(s) shall enclose an
appropriately sized self-addressed stamped envelope. Bid results
will sot be given by telephone or facsimile. Please allow ten (10)
calendar days after Bid opening for nailing.
IL The Bid Solicitation, any addenda and/or properly executed
modifications, the purchase order, and any change order(s) shall
constitute the contract.
L In accordance with Resolution R-1574-88 the Director of Bids and
Contracts Division will decide all tie Bids.
J. Award of this Bid may be predicated on compliance with and
submittal of all required documents as stipulated in the Bid
Solicitation.
1.6. CONTRACT EXTENSION
A. The County reserves the right to exercise its option to extend a
contract for up to one hundred -eighty (180) calendar days beyond
the current contract period and will notify the contractor in writing
of the extension.
B. This contact may be extended beyond the initial one hundred -
eighty (180) day extension period upon mutual agreement between
the County and the auccessful Bidder(s) upon approval by the
Board of County Commissioners.
I.7. WARRANTY
All warranties, express and implied, shalt be made available to the
Courdy for goods and services covered by this Bid Solicitation. All
goods furnished shall be fully guaranteed by the successful Bidder
against factory defects and workmanship, At no expense 10 the County,
the aucceasful Bidder shall correct any and all apparent and latent
defects tbat may occur within the manufacturer's standard warranty.
The Special Conditions of the Bid Solicitation may supersede the
manufacurar's standard warranty.
1.8. ESTIMATED QiJANTITIES
Esimated quantities or dollars are for Bidder's guidance only: (a)
estimates are baaad on the County's anticipated needs and/or usage
during a previous contract period and; (b) the County may use these
estimates to determine the low Bidder. Estimated quantities do not
contemplate or include possible additional quantities that may be
ordered by other government, quasi -government or non-profit amities
utilizing this contract under the Joint Purchase portion of the County
User Access Program (UAP) described in Section 2.21 of this contract
solicitation and the resulting contract, if that section is present in this
solicitation document. No guarantee is expressed or implies as to
quantities or dollars that will be used during the contract period. The
County is not obligated to place any order for the given aruount
subsequent to the award ofthis Bid Solicitation.
1,9. NON -EXCLUSIVITY
It is the inters of the County to enter into an agreement with the
successful Bidder that will satisfy its needs as describe herein.
However, the County reserves the right as deemed in its best interest to
perform, or cause to be performed, the work end services, or any portion
thereof, herein described in any manner it sees fit, including but not
limited to: award of other contracts, use of any contractor, or perform
the work with its own employees.
1.10. LOCAL PREFERENCE
The evaluation of competitive bids is subject to Section 2-8.5 of the
Mianti l7ade.Coucty.Code. which, except where contraryto federal andaide lew, or eny ,
other funding source
r equirements, provides that
preference be given tlocal businesses, A local business shall be
defined as:
I. a business that has a valid occupational license, issued by
Miami -Dade County at least one year prior to bid or
proposal submission, that is appropriate for the goods,
services or canstructiomto be purchased;
2. a business that has physical business address located within
the limits of Miami -Dade County from which the vendor
operates or performs business. Post Office Boxes are not
verifiable and shall not be used for the purpose of
establishing said physical address; and
3. a business that contributes to the economic development and
well-being of Miami -Dade County in a verifiable and
measurable way. This may include but not be limited to the
retention and expansion of employment opportunities and
the support and increase in the County'. tax base, To satisfy
this requiremerd, the vendor shall affirm in writing its
compliance with either of the following objective criteria as
of the bid or proposal submission date stated in the
solicitation:
vendor has in least ten (10) permanent full time
employees, or part time employees equivalent to 10
ITE ("Atli -tune equivalent" employee. working 40
how/ per week) that live in Miami -Dade County, or
at least 25% of its employees that live in Miami -
Dade County, or
(b) vendor contributes to the County's tax base by
paying either real property taxes or tangible personal
property taxes to Miami -Dade County, or
(c) some other verifiable and measurable contribution to
the economic development and well-being of Mi ami-
Dade County.
When the bid from a Miami -Dade local business is within 10% of the
lowed price submitted by a non -local business, the local business and
the non -local low bidder shall have the opportunity to submit a best and
final bid equal to or lower than the amount of the low bid previously
submitted by the non -local business,
At this time, there is an interlace' agreement in effect between Miami -
Dada and Broward Counties until September 2005. Therefore, a vendor
which meets the requirements of (1) and (2) above for Broward County
shall be considered a local business pursuant to this Section
(a)
1.11. CONTINUATION OF WORK
Any work that commences prior to and will extend beyond the
expiration date of the current contract period shall, unless terminated by
mutual written agreement between the County and the successful
Bidder, continua until completion at the same prices, terms and
conditions,
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1.12. BID PROTEST
A. A recommendation for contract award or rejection of award may
be protested by a Bidder •in accordance with the procedures
contained in Sections 2-8.3 and 2-8.4 of the County Code, as
amended, and as established in Administrative Order No.3-21.
B. To initiate a Bid protest, the protester shalt present to the Clerk of
the Board a non-refundable filing fee, payable to the Clerk of the
Board, in accordance with the schedule provided below: •
Award Amount YllIng Fee
$25,000•$100,000 $500
St00,U01-$500,000 .. $1,000.
$500,00145 million .., .. ... . $3,000 .
Over $5 million $5,000
In the event a Bidder wishes to protest any part of the General
Conditions, Special Conditions and/or Technical Specifications
contained in the Bid Solicitation it must fete a notice of protest in
writing with the issuing department no later than 48 hours prior to
the Bid opening date and hour specified in the solicitation.
Failure to file a timely notice of protest will constitute a waiver of
proceedings. •
C. For award recontmendatioua greater than $100,000 the following
shall apply:
When a letter of intent to award a Bid Solicitation has been
communicated (mail, Faxed or entailed) to each competing Bidder
and filed with the Clark of the Board, a Bidder wishing to protest
said award recommendation shall file a pretest with the cleric of
the Board within tea (10) wonting days of the date of award
recommendation letter, Within two (2) days of that filing, the
protester shall provide the County Attorney and each Bidder with
a copy of each document that was filed with the protest. Failure
to timely fde the written protest shall constitute a waiver of the
right to protest the award recommendation.
D. For award recommendations from 525,000 to $100,000 the
following shall apply:
Each Monday, in the lobby of the Stephen P. Clark Comer,
Located at 111 N.W. Street, award recomraendationa are
posted. Participants may also call the Awards Line at 305-375-
4724, or 800-510-4724, or the contact person as identified on the
cover page of the Bid Solicitation. Any Bidder wishing to protest
such recommendations shall file a protest with The Clerk of the
Board within live (5) working days of the posting and submit a
$500 non-refi►ndabie filing fee.
3.13. RULES, REGULATIONS AND LICENSES
The successful Bidder dull comply with all laws and regulations
applicable to provide the goods and/or services specified in this Bid
Solicitation, The Bidder shall be familiar with all federal, state and local
laws that may in affect the goods and/or services offered.
1.14. PACKAGING
Unless otherwise specified in the Special Conditions or Technical
Specifications, all containers shall be suitable for shipment and/or
storage and comply with Resolution No. 738-92.
1,1S. SUBCONTRACTING
Unless otherwise specified in this Bid Solicitation, the successful Bidder
shall not subcontract any portion of the work without the prior written
consent of the County. The ability to subcontract may be further limited
by the Special Conditions. Subcontracting without the prior consent of
the County may result in termination of the contract for default. When
Subcontracting is allowed the Bidder shall comply with County
Resolution No, 1634.93, Section 10-34 of the County Code and County
Ordinance No. 97.35,
1.16. ASSIGNMENT
The auccesafial Bidder shall not assign, transfer, hypothecate, or
otherwise dispose of this contract, including any rights, title or interest
therein, or its power to execute such contract to any person, company or
corporation without the prior written consent of the County.
1.17. DELIVERY
Unless otherwise specified in the Bid Solicitation, prices quoted shall be
F.O.B. Destination. Freight shall be included in the proposed price.
Liss:"RESYorsl>-rail TY'ASEMPLOiER
The ..y.rloyee(s) of the sucneasf•.:! Bidder shall be considered to be at all
times its employee(a), and not an employce(s) or agent(,) of the County
or any of its departments. The succcaaful Bidder shall provide
competent and physically employee(,) capable of performing the worst
as required. The County may require the successful Bidder to remove
any employee it deems unacceptable. All employees of the succeasfiil
Bidder shall wear proper identification.
1.19. INDEMNIFICATION
The successful Bidder shall indemnify and hold harmless the County
and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorney's fees and costs of
defense, which the County or its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, suits, causes
of actions or proceedings of any kind or nature arising out of, relating to
or resetting from the performance of the agreement by the successful
Bidder or its employees, agents, servants, Formers, principals or
subcontractors. The successftil Bidder shall pay all claims and losses in
connection therewith, and shall invectigpte and defend all claims, suits
or actions of any kind or nature in the name of the County, where
applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney's feea which may be incurred thereon. The
successful Bidder expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the
successful Bidder shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the County or its officers,
employees, agents and instrumentalities as herein provided.
1.20. COLLUSION
Where two (2) or more related parties, as defined herein, each submit a
Bid for any contract, such Bids shall be presumed to be collusive. The
foregoing presumption may be rebutted by the presentation of evidence
as to the extent of ownership, control and management of such related
parties in preparation and submittal of such Bids. Related parties shall
mean Bidder or the principals thereof which have a direct or indirect
ownership interest in another Bidder for the same contract or in which a
patent company or the principals thereof of one (1) Bidder have a direct
or indirect ownership interest in another Bidder for the same contract.
Furthermore, any prior understanding, agreement, or connection
between two or more corporations, firms, or persons submitting a bid for
the same materials, supplies, services, or equipment shall also be
presumed to be collusive. Bids found to be collusive shall be rejected
Bidders who have been found to have engaged io collusion may be
considered non.responsible, and may be suspended or debarred, and any
contract resulting from collusive Bidding may be terminated for default.
1.21. MODIFICATION OF CONTRACT
The contract may be modified by mutual consent, in writing through the
issuance of a modification to the contract, purchase order, change order
or award sheet, as appropriate.
1.22, TERMINATION FOR CONVENIENCE
The County, at its sole discretion, reserves the right to terminate this
contract without cause upon thirty (30) days written notice, Upon
receipt of such notice, the successful Bidder shall not incur any
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additional costs under this contract, The County shall be liable only for
reasonable costs incurred by the successful Bidder prior to notice of
termination. The County shall be the sole judge of"reasonable costs."
1,23. TERMINATION FOR DEFAULT
The County reserves the right to terminate this contract, in part or in
whole, or place the vendor on probation in the event the successful
Bidder fails to perform in accordance with the terms and conditions
stated herein. The County further reserves the right to suspend or debar
the.sucoesuftt) Bidder in Accordance with the appropriate _Courtly ....
ordinances, resolutions and/or administrative orders. The vendor will
be notifred'byletter of the Cowry's intent to terminate. In the evert of
termination for defauk, the County may procure the required goods
and/or services from any source and use airy method deemed in its best
interest. All re-procutrmcnt cost shall be borne by the successful
Bidder.
1.24. FRAUD AND MISREPRESENTATION
Pursuant to Section 2-8.1.4 of the Miami -Dade County Code, any
individual, corporation or other entity that attempts to meet its
contractual obligations with the County through fraud, misrepresentation
or material misstatement, may be debarred for up to five (5) years. The
County as a tiuther sanction way termineie or cancel any other contracts
with such individual, corporation or entity. Such individual or entity
shall be responsible for all direct cc indirect costa associated with
termination or cancellation, including auorney's fees.
1.25. ACCESS TO RECORDS
The County reserves the right to require the Contractor to submit to an
audit by Audit and Management Services or other auditor of the
County's choosing at the Contractor's expense. The Contractor shall
provide access to all of its records, which relate directly or indirectly to
this Agreemat at its place of business during regular business hours.
The Contractor shall retain all records pertaining to this Agreement and
upon request make them available to the County for three years
following expiration of the Agreement. The Contractor agrees to
provide such assistance as may be necessary to facilitate the review or
audit by the County to ensure compliancy with applicable accounting
and financial standards.
116 OFFICE OF THE INSPECTOR GENERAL
Miami -Dade County has established the Office of the Inspector General,
which is authorized and empowered to review past, present, and
proposed County and Public Health Tnst programs, contracts,
transactions; accounts, records and programs, The Inspector General
(10) bee the power to subpoena witnesses, administer oaths, require the
production of records and monitor existing projects end programa. The
Inspector Genera may, on a random basis, perform audits on all County
contracts. The cost of random audits shall be tncorpoeated hUo the
contract price of all contracts and shall be one quarter (1/4) of one (1)
percent of the contract price, except as otherwise provided in Section 2-
1076(oxg) oftbe County Code.
1.27 PRE -AWARD INSPECTION
The County may conduct a pre -award inspection of the bidder's site or
bold a pro -award qualification hearing to determine if the bidder is
capable ofperformingthe requirements of this bid solicitation.
1.28 PROPRIETARY/CONFIDENTIAL INFORMATION
Bidders are hereby notified that all information submitted as part of or
in support of bid submittals will be available for public inspection after
opening of bids in compliance with Chapter 119 of the Placid& Statutes;
popularly know as the "Public Record Law." The bidder shall not
submit any information in response to this invitation, which the bidder
considers to be a bade secret, proprietary or confidential. The
submission of any information to the County in connection with this
invitation shall be deemed conclusively to be a waiver of any trade
secret or ether protection, which would otherwise be available to the
bidder. In the event that the bidder submits information to the County in
violation of this restriction, either inadvertently or intentionally, and
clearly identifies that information in the bid as protected or confidential,
the County shall endeavor to redact and return ibat information to the
bidder as quickly as possible, and if appropriate, evaluate the balance of
the bid. The redaction or return of information pursuant to this clause
may render a bid non-responsive-
1.29. UIl1,ALT11 INSURANCE 1'ORTAd31Ll'I:Y AND
ACCOUNTABILITY ACT (HIPAA)
Any person or entity that performs or assists Miami -Dada County with a
flutction or activity involving the We or disclosure of "individually
identifiable health information (I1HI) and/or Protected Health
Information (PHI) shall comply with the Health Insurance Portability
and Aocountability Act (HIPAA) of 1996 and the Miami -Dade County
Privacy Standards Administrative Order. HIPAA mandates for privacy,
security and electronic transfer standards, that include but are not limited
1o:
1. Use of information only for performing services required by
the contract or as required by law;
2. Use of appropriate safeguards to prevent non -permitted
disclosures;
3. Reporting to Miami -Dade County of any non -permitted use
or disclosure;
4. Assurances that any agents and subcontractors agree to the
same restrictions and conditions that apply to the
Bidder/Proposer and reasonable assurances that tfli1/PHI
will be held confidential;
5. Making Protected Health Information (PHI) available to the
customer,
6. Making, PHI available to the customer fee review and
amendment; and incorporating any amendments requested
by the customer,
7. Making PHI available to Miami -Dade County for an
accounting of disclosures; and
8. Making internal practices, books and records related to PHI
available to Miami -Dade County for compliance audits.
PHI shall maintain its protected status regardless of the form and method
of trenamission (paper records, and/or electronic transfer of data). The
Bidder/ Proposer must give its customers written notice of its privacy
information practical including specifically, a description of the types of
uses and disclosures that would be made with protected health
inrorn,ation.
130. CHARTER COUNTY TRANSIT SYSTEM SALES
SURTAX
When proceeds from the Charter County Transit System Sales Surtax
levied pursuant to Section 29.121 of the Code of Miami -Dade County
arc used to pay for all or some part of the coat of this contract, no award
ofa Blanket Purchase Order (BPO) for Transit/Public Works ea part ofa
multi -department contract, nor an award ofa contract solely for the use
of Transit/Public Works shall be effective and thereby give rise to a
contractual relationship with the County for Transit/Public Works
purchases unless and until both the following have occurred: I) the
County Commission awards the contract, and such award becomes final
(either by expiration of 10 days after such award without veto by the
Mayor, or by Commission override of a veto); and, 2) either, i) the
Citizens' Independent. Transportation Trust (CITT) has approved
inclusion of Transit/Public Works in this contract, or, ii) in response to
the CITI's disapproval, the County Commission reaffirms Transit/Public
Work's inclusion in the contract by two-thirds (2/3) vole of the
Commission's membership and such reaffirmation becomes final.
- VI - Revised 05-04