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HomeMy WebLinkAboutInvitation to Bid 2MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID Bid Number: 7392-3/08-OTR Title: REAL TIME CLOSED/OPEN CAPTIONING STENOGRAPH Procurement Agent: BARNETT SCHWARTZMAN Bids will be accepted until 2:00 p.m. on AUGUST 27, 2003 At the: CLERK OF THE BOARD Stephen P. Clark Center 111 NW 18t Street 176 Floor, Suite 202 Miami, Florida 33128-1983 Bids will be publicly opened. The County provides equal access and does not discriminate on the basis of disability in its programs or services. It is our policy to make all communication available to the public, including those who may be visually or hearing impaired. If you require information in a non-traditional format please call 305-375-5278. Instructions: Each Bid submitted to the Department of Procurement Management shall have the following information clearly marked on the face of the envelope: the Bidders name, return address, Bid number, opening date of the Bid and the title of the Bid. Included in the envelope shall be an original and three copies of the Bid proposal, plus attachments if applicable. Failure to comply with this requirement may result in your Bid not being considered for award. All Bids must be submitted in a sealed envelope or container and will be opened promptly at the time indicated. Any Bid received after the first Bid has been opened will be returned to the Bidder unopened. The County does not accept responsibility for delays, natural or otherwise. NOTICE TO ALL BIDDERS: FAILURE TO SIGN THE BID PROPOSAL FORM WILL RENDER YOUR BID NON -RESPONSIVE. Miami -Dade County Bid No.:7392-3/08-OTR SECTION 1 GENERAL TERMS AND CONDITION 1.1. DEFINITIONS Bid — shall refer to any offer(s) 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 Pi oposal 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. County — shall refer to Miami -Dade County, Florida DPM — shall refer to Miami -Dade County's Department of Procurement Management, Bids and Contracts Division. Enrolled Vendor — EFFECTIVE JULY 8, 2002, shall refer to a firm that has completed the necessary documentation in order to receive Bid notifications from the County, but has not yet registered. Registered Vendor — shall refer to a Finn that has completed the Miami -Dade County Business Entity Registration 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 Information Center at 111 N.W. 1" Street, Suite 112, Miami, FL 33128, Phone 305- 375-5773. EFFECTIVE JULY 1, 2002, vendors will be able to enroll and register online by visiting our web site at httpa/mlamidade.¢ov and click on "Business". 1.2. INSTRUCTIONS TO BIDDERS A. Bidder Qualification 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 specified 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 Jr♦ard of a contract (including small purchase orders), Bidders must complete a "Miami -Dade County Business Entity Registration Application". Only Registered Vendors can be awarded County contracts. Vendors are encouraged to register with the County anytime by contacting the Vendor Information Center at 305-375-5287. The County endeavors to obtain the participation of all qualified minority and disadvantaged business enterprises. For infonnation and to apply for certification, contact the Department of Business Development, at 175 N.W. I" Avenue, 28i1' Floor, Miami, FL 33123-1844, or telephone at 305-349-5960. 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 require 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 County 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 all affidavits by downloading from DPM's website at Jntp://mianvdade.gov and click on "Business" or from the Vendor Information Center, located in the lobby of the Stephen P. Clarke Center at 111 N.W. 1" Street, Miami, FL. In -I- 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. I (d) of the County Code. 3. Drug -Free Affidavit — pursuant to Section 2-8.I.2(b) of the County Code. 4. W-9 and 8109 Fonns — The vendor must furnish these forms as required by the Internal Revenue Service. 5. Social Security Number — The vendor must provide a copy of the primary owner's social security card if the social security number is being used in lieu of the Federal Identification Number (F,E.1.N.). 6. Americans with Disabilities Act (A.D.A.) Affidavit — It is the policy of the County to comply with all requirements of County Resolution RI82-00 and the A.D.A. 7. Collection of Fees, Taxes and Parking Tickets Affidavit — pursuant to Section 2-8.1 (c) of the County Code, 8. Conflict of Interest and Code of Ethics — pursuant to Sections 2-8.I(i) and 2-11.1(b) (I) through (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.I(i) of the County Code. I0. Debarment Disclosure Affidavit — pursuant to County Code 10-38. 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 (h) and 2-11.1(b)(8) of the County Code. Nondiscrimination pursuant to Section 2-8.1.5 of the County Code. 14 Nondiscrimination pursuant to Section 2-8.1.5 of the County Code. 15 Family Leave - Pursuant to 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 11 A-60 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 ofa contract, firms wishing to do business with the County must comply with the following: Pursuant to Section 287.133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a 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 ofa public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perfonn 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Miami -Dade County Bid No.:7392-3/08-OTR D. Request for Additional Information 1. Pursuant to Section 2-I1.1(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 Procurement Agent identified on the front 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, the request should also include a cover sheet with Bidder's facsimile nurnber. The requestor must also file a copy of this written request with the Clerk of the Board, ! I I NW i" Street, 17ih Floor, suite 202, Miami, Florida 33128-1983 or email clerkbccAmiamidade gov. 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 those made in this Bid Solicitation document or in any addenda issued. Where there 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 of Bid Solicitation and Bidders' Responsibilities 1. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms 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 Bid 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 carding this solicitation to file the appropriate form with the Clerk of the Board stating that p particular lobbyist Is authorized to represent the Bidder/Proposer, The Bidder/Proposer shall also file a fore 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 1. Changes to Bid - Prior to the scheduled Bid opening a Bidder may change its Bid by submitting a new Bid, (as indicated on the cover page) with a letter in writing on the firms 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 bc 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 bid. A bid may also be withdrawn ninety (90) days after the Bid has been opened and prior to award, by submitting a letter to the contact person identified on 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 Proposal Section, or any addendum issued, the order of precedence shall be: the last addendum issued, the Bid Proposal Section, the Technical Specifications, the Specie! Conditions, and then the General Teens and Conditions. H. 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 at which payment shall be due froin the County or the Public Health Trust shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses and minority and wornen 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 interest from thirty (30) days after the due date at the rate of one percent (I%) per month 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 after 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 proposal signature page of the solicitation. 1.3. PREPARATION OF BIDS A. The Bid proposal 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 proposal form must 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 sign the Bid proposal form. FAILURE TO SIGN THE BID PROPOSAL FORM SHALL RENDER THEJID NON- RESPONSIVE, D. The Bidder may be considered non -responsive if bids are conditioned to modifications, changes, or revisions to the teens and conditions of this 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 proposal marked "Alternate Bid". F. When there 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 bc awarded to the responsible Bidder meeting all requirements as set forth in the solicitation. The County Miami -Dade County Bid No.:7392-3/08-OTR reserves the right to reject any and all Bids, to waive irregularities or technicalities and 10 re -advertise for all or any part of this Bid 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 deetned in the best interest of the County. C. The County reserves the right to reject any and all Bids if it is determined that prices are excessive, best offers are determined to be 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 remain the same. E. Award of this Bid Solicitation will only be made to tarns that have completed the Miami -Dade County Business Entity Registration Application and that satisfy all necessary legal requirements to do business with Miami -Dade County. Firms domiciled in Miami -Dade County must present 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 prime contractor or subcontractor on previous County contracts shall be taken into account in evaluating the Bid received for this Bid Solicitation. G. To obtain a copy of the Bid tabulation, Bidder(s) shall enclose an appropriately sized self-addressed stamped envelope. Bid results will not be given by telephone or facsimile. Please allow ten (10) calendar days after Bid opening for mailing. H. The Bid Solicitation, any addenda and/or properly executed modifications, the purchase order, and any change order(s) shall constitute the contract. I. 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 ninety (90) calendar days beyond the current contract period. In such event, the County will notify the successful Bidder(s) in writing of such extensions. B. This contract may be extended beyond the initial ninety (90) day extension upon mutual agreement between the County and the successful Bidder(s). 1.7. WARRANTY All warranties, express and implied, shall be made available to the County 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 to the County, the successful Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer's standard wananty. The Special Conditions of the Bid Solicitation may supersede the manufacturer's standard warranty. 1.8. ESTIMATED QUANTITIES Estimated quantities or dollars are for Bidder's guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The County is not obligated to place any order for a given amount subsequent to the award of this Bid Solicitation. Estimates are based on the County's actual needs and/or usage during a previous contract period. The County may use these estimates to detennine the low Bidder. 1.9. NON -EXCLUSIVITY It is the intent 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 perfonn, or cause to be perfonned, the work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited 1o: award of other contracts, use of any contractor, or perform the work with its own employees. 1.10. LOCAL PREFERENCE "Local Preference may be accorded to bidders (proposers) responding to this solicitation who qualify as a local business in accordance with Section 2-8.5 of the Miami -Dade County Code and Resolution No. R-514-02." 1.11. PURCHASES BY OTHER PUBLIC OR NOT -FOR PROFIT ENTITIES A. Purchases under the contract to be awarded may be made by other public, not -for -profit agencies or political subdivisions within the State of Florida. Such entities purchases shall be governed by the same terms and conditions stated herein and subject to a 2% user surcharge fee. B. Each governmental, . not -for -profit or quasi -governmental entity that uses this contract shall provide to the DPM a report of purchases made under this contract on a quarterly basis as outlined in the attached "Quarterly Agency Report" form. 1.12. 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, continue until completion at the same prices, terms and conditions. 1.13. 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 shall 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 Filing Fee S25,0004100,000 S500 S 100,001 -$500,000 $ 1,000 S500,001-S5 million S3,000 Over $5 rnillion $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 file 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 recommendations greater than $100,000 the following shall apply: When a letter of intent to award a Bid Solicitation has been communicated (mail, faxed or emailed) to each competing Bidder and filed with the Clerk of the Board, a Bidder wishing to protest said award recommendation shall file a protest with the clerk of the Board within ten (10) working 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 file the written protest shall constitute a waiver of the right to protest the award recornmendation. D. For award recommendations from $25,000 to $ 100,000 the following shall apply: Each Monday, in the lobby of the Stephen P. Clark Center, located at 111 N.W. 1" Street, award recommendations 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 Miami -Dade County Bid No.:7392-3/08-OTR Bidder wishing to protest such recommendations shall file a protest with the Clerk of the Board within five (5) working days of the posting and submit a S500 non-refundable filing fee. 1.14. RULES, REGULATIONS AND LICENSES The successful Bidder shall comply with all taws and regulations applicable to provide the goods and/or services specified in this Bid Solicitation. The Bidder shall be familiar with all federal, slate and local laws that may in affect the goods and/or services offered. 1.15. 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. 1.16. 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. 1.17. ASSIGNMENT The successful Bidder shall not assign, transfer, hypothecate, or otherwise dispose of this contract, including any rights, tide or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the County. 1.18. DELIVERY Unless otherwise specified in the Bid Solicitation, prices quoted Unless otherwise specified in the Bid Solicitation, prices quoted shall be F.O.B. Destination. Freight shall be included in the proposed price. 1.19. RESPONSIBILITY AS EMPLOYER The employee(s) of the successful Bidder shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the County or any of its departments. The successful Bidder shall provide competent and physically employee(s) capable of performing the work as required. The County may require the successful Bidder to remove any employee it deerns unacceptable. All employees of the successful Bidder shall wear proper identification. 1.20. 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 resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate 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 fees 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. - IV - 1.21. COLLUSION Where two (2) or more related parties, as defined herein, each submit a Bid or proposal 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 parent 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 10 be collusive. Bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may be considered non - responsible, and may be suspended or debarred, and any contract resulting from collusive Bidding may be terminated for default. 1.22. 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. 1.23. 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 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." 1.24. 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 successful Bidder in accordance with the appropriate County ordinances, resolutions and/or administrative orders. The vendor wilt be notified by letter of the County's intent to terminate. In the event of termination for default, the County may procure the required goods and/or services from any source and use any method deemed in its best interest. All re - procurement cost shall be borne by the successful Bidder. 1.25. 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 further sanction may terminate or cancel any other contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney's fees. 1.26 ACCESS TO RECORDS The County reserves the right to require the Contractor to submit to an audit by Audit and Management Services or other auror 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 Agreement 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 compliance with applicable accounting and financial standards. Miami -Dade County Bid No.:7392-3/08-OTR 1.27 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 Trust programs, contracts, transactions, accounts, records and programs. The Inspector General (16) has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all County contracts. The cost of random audits shall be incorporated into 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(c)(8) of the County Code. 1.28 PRE -AWARD INSPECTION The County may conduct a pre -award inspection of the bidder's site or hold a pre -award qualification hearing to determine if the bidder is capable of performing the requirements of this bid solicitation. 1.29 PROPRIETARY/CONFIDENTIAL INFORMATION Bidders are hereby notified that all information submitted as part of, or in support of proposals will be available for public inspection after opening of proposals in compliance with Chapter 119 of the Florida Statutes; popularly know as the "Public Record Law." The bidder shall not submit any infonnation in response to this invitation, which the bidder considers to be a trade 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 other 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 that infonnation 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. 1.30 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability 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 to: 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 IIHI/PHI will be held confidential; 5. Making Protected Health Information (PHI) available to the customer; 6. Making PHI available to the customer for 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.