HomeMy WebLinkAboutInvitation To BidMIA
IBID NO.: 2616-5/13-OTR I
OPENING: 2:00 P.M.
WEDNESDAY
JANUARY 10, 2007
MIAMI-DADE COUNTY, FLORIDA
INVITATION
TO BID
TITLE:
AUTOMATIC TRANSMISSION EXCHANGE, OVERHAUL
SERVICES FOR MIAMI-DADE COUNTY
AND
REPAIR
THE FOLLOWING ARE REOUIREMENTS OF THIS BID, AS NOTED BELOW:
BID DEPOSIT AND PERFORMANCE BOND:
CATALOGUE AND LISTS•
CERTIFICATE OF COMPETENCY:
EQUIPMENT LIST:
EXPEDITED PURCHASING PROGRAM (EPP)
INDEMNIFICATION/INSURANCE:
LIVING WAGE:
PRE -BID CONFERENCE/WALK-THRU•
SMALL BUSINESS ENTERPRISE MEASURE:
SAMPLES/INFORMATION SHEETS:
SECTION 3 - MDHA•
SITE VISIT/AFFIDAVIT:
USER ACCESS PROGRAM:
WRITTEN WARRANTY:
N/A
N/A
N/A
N/A
N/A
SEE SECTION 2, PARAGRAPH 2.11
N/A
N/A
SEE SECTION 2, PARAGRAPH 2.2
N/A
N/A
N/A
SEE SECTION 2, PARAGRAPH 2.21
SEE SECTION 3, PARAGRAPH 3.3
FOR INFORMATION CONTACT:
Pablo Martinez at 305-375-2102, or at mpablo@miamidade.gov
IMPORTANT NOTICE TO BIDDERS:
MIAMI-DADE COUNTY
DEPARTMENT OF PROCUREMENT MANAGEMENT
PURCHASING DIVISION
FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE ON
PAGE 17 OF SECTION 4, BID SUBMITTAL FORM SHALL RENDER THE VENDOR
INELIGIBLE FOR LOCAL PREFERENCE
FAILURE TO SIGN PAGE 17 OF SECTION 4, BID SUBMITTAL FORM WILL RENDER YOUR
BID NON -RESPONSIVE
MIAMI-DADE COUNTY, FLORIDA
INVITATION TO BID
Bid Number: 2616-5/13-OTR
Title: AUTOMATIC TRANSMISSION EXCHANGE, OVERHAUL AND REPAIR
SERVICES FOR MIAMI-DADE COUNTY
Sr. Procurement Contracting Agent: Pablo Martinez
Bids will be accepted until 2:00 p.m. on January 10, 2007.
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 Submittal, 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 in this solicitation document. 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 SUBMITTAL FORM WILL
RENDER YOUR BID NON -RESPONSIVE.
THE BID SUBMITTAL FORM CONTAINS IMPORTANT CERTIFICATIONS THAT
REQUIRE REVIEW AND COMPLETION BY ANY VENDOR RESPONDING TO THIS
SOLICITATION.
MIAMI-DADE COUNTY
BID NO.: 2616-5/13-OTR
SECTION 1
ERAL TERMS AND CONDITIONS
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 Submittal Form - defines the requirement of items to be
purchased, and must be completed and submiued 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, Purchasing Division.
Enrolled Vendor - EFFECTIVE JULY 8, 2002, shall refer to a fun
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 firm 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 Assistance Unit at 111 NAY.
1" Street, 136 Floor, 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 http:/lmiamidadc.gov 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 award 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 information and to apply for
certification, contact the Dcpartrnent of Business Development, at 111
N.W. 1 Street, 19a Floor, Miami, FL 33128-1844, or telephone at 305-
375-3111. County employees wishing to do business with the County
arc 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 air required disclosure affidavits. The Miami -Dade
Corny Business Entity Registration Application must be returned to the
Department of Procurement Management (DPM), Purchasing 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 retuned 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 http.//iniamidade.Fov and click on
"Business" or from the Vendor Assistance Unit at 111 N.W. 1° Street,
Miami, FL. In becoming a Registered Vendor with Miami -Dade County,
the vendor confirms its knowledge of and coaunitrnent to comply with
the following:
1. Disclosure of Employment - pursuant to Section 2-8.I(d) of the
County Code.
2. Disclosure of Ownership Affidavit - pursuant to Section 2-8.1(d)
of the County Code.
3, Drug -Free Affidavit - pursuant to Section 2-8.1.2(b) of the County
Code.
4. W-9 and 8109 Forms - 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.I.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 R182-00 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-
8.1(i) and 2-11.1(b) (1) 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.
10. 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 Countynot
current in their obligations to the County - pursuant to Sections 2-
8.1 (h) and 2-I 1.1(bx8) of the County Code.
14. Nondiscrimination pursuant to Section2-8.1.5 of the County Code.
15. Family Leave - Pursuant to Section 1 I A-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-60of 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, 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 no 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 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.
D. Request for Additional Information
1. 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
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 number. The requestor must also file a copy of this
written request with the Clerk of the Board, I l 1 NW la Street, 17a
Floor, suite 202, Miami, Florida 33128-1983 or email
clerk bcc q-ntiinnidade.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
Revised 11/9/06
MIAMI-DADE COUNTY BID NO.: 2616-5/13-OTR
SECTION 1
� 3AL TERMS AND CONDITIONS
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.
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, 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.
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, Stale and local.
It is the responsibility of the Bidder/Proposer, prior to conducting
any lobbying recording this solicitation to file the appropriate
form with the Clerk of the Board stating that a particular
lobbyist is authorized to represent the Bidder/Proposer. The
Bidder/Proposer shall also file a form with the Cleric 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 . Charges 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.
Withdrawal of Bid — A Bid shall be irrevocable unless the Bid is
withdrawn as provided herein. Only written a letter received by
the DPM Purchasing 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 Submittal Section, or any addendum issued, the order of
precedence shall be: the last addendum issued, the Bid Submittal
Section, the Technical Specifications, the Special Conditions, and
then the General Terms 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 from 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 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 (1 %)
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
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 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
submittal form. FAILURE TO SiGN THE BiD SUBMITTAL
FORM SHALL RENDER THE 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 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 submittal marked
"Alternate Bid".
F. When there is a discrepancy between the unit prices and any
extended prices, the unit prices will prevail. .
G. Please be advised that the County, m exercise of its discretion, may
not accept bids and/or proposals received after the scheduled time
and date. Sealed bids/proposals will be opened promptly at the
time and place specified The responsibility for submitting a
sealed bid/proposal on or before the stated time and date is solely
and strictly the responsibility of the Bidder/Proposer. Miami -Dade
County is not responsible for delays caused by any mail, package
or couriers service, including the U.S. Mail, or caused by any other
occurrence.
IA. 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.
1S. 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 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
deemed 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 remains
the same.
E. Award of this Bid Solicitation will only be made to firms that have
completed the Miami -Dade County Business Entity Registration
Application and that satisfy all necessary legal requirements to do
Revised 11/9/06
MIAMI-DADE COUNTY
SECTION 1
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 contrails 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.
1L The Bid Solicitation, any addenda and/or properly executed
modifications, the purchase order, and any change order(s) shall
constitute the contract
T. In accordance with Resolution R-1574-88 the Director of
Purchasing Division will decide all tic 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 contract may be extended beyond the initial one hundred -
eighty (180) day extension period upon mutual agreement between
the County and the successful Bidder(s) upon approval by the
Board of County Commissioners.
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 warranty.
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: (a)
estimates are based 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 entities
utilizing this contract under the Joint Purchase portion of the County
User Access Program (UAP) described in Section 221 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 amount
subsequent to the award of this Bid Solicitation.
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
perform, or cause to be performed, the work and 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
Miami -Dade County Code, which, except where contrary to federal and
state law, or any other funding source requirements, provides that
preference be given to local businesses. A local business shall be
defined as:
BID NO.: 2616-5/13-OTR
1. 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 construction to 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's tax base. To satisfy
this requirement, 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;
(a) vendor has at least ten (10) permanent full time
employees, or part time employees equivalent to 10
FTE ("full-time equivalent" employees working 40
hours per week) that live in Miami -Dade County, or
at least 25% of its employees that live in Miarni-
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. arid measurable contribution to
the economic development and well-being of Miami -
Dade County.
When there is a responsive bid from a Miami -Dade local business within
10% of the lowest price submitted by a responsive 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 interlocal agreement in effect between Miami -
Dade and Broward Counties until September 2006. 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.
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, continue until completion at the same prices, terms and
conditions.
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 No3-21.
B. A written intent to protest shall be filed with the Clerk of the
Board and mailed to all participants in the competitive process
and to the County Attorney within three (3) County work days of
the filing of the County Manager's recommendation_ This three
day period begins on the County work day after the filing of the
County Manager's recommendation. Such written intent to
protest shall state the particular grounds on which it is based and
shall be accompanied by a filing fee as detailed in Para C below.
C. The written intent to protest shall be accompanied by a non-
refundable filing fee, payable to the Clerk of the Board, in
accordance with the schedule provided below:
Revised 11/9/06
MIAMI-DADE COUNTY
Award Amount
$25,000-$100,000
$ I00,001-$500,000
$500,001-$5 million
Over $5 million
SECTION 1
GENERAL TERMS • ND CONDITIONS
Filing Fee
$500
$1,000
$3,000
$5,000
The protester shall then file all pertinent documents and
supporting evidence with the Clerk of the Board and mail copies
to all participants in the competitive process and to the County
Attorney within three (3) County work days after the filing of a
written intent to protest.
D. For award recommendations greater than $250,000 the following
shall apply:
The County's recommendation to award or reject will be
immediately communicated (via mail, fax or email) to all
participants in the competitive pits and filed with the Clerk of
the Board.
E. For award recommendations from $25,000 to $250,000 the
following shall apply:
Each County work day, as appropriate, recommendations to
award or reject will be posted in the lobby of the Stephen P.
Clark Center, located at 111 N.W. 1' Street. 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.
1.13. RULES, REGULATIONS AND LICENSES
The successful Bidder shall 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.
1.15. SUBCONTRACTING
Unless odrerwise 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 successful Bidder shall not assign, transfer, hypothecate, or
otherwise dispose of this contract, including any rights, tide or iute ost
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.
1.18. 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 deems unacceptable. All employees of the successful
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 attomey's fees and costs of
BID NO.: 2616-5/13-OTR
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 attomey'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.
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
parent company or the principals thereof of one (I) 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 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.
1.21. 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
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 terns 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 will
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 home 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 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 attomey's fees.
-IV-
Revised 11/9/06
MIAMI-DADE COUNTY
BID NO.: 2616-5/13-OTR
SECTION 1
GENERAL TERMS AND CONDITIONS
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 arrecs 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 10
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.
1.26 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
(IG) 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(cX8) of the County Code_
1.27 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.
1.28 PROPRIETARY/CONFIDENTIAL INFORMATION
Bidders are hereby notified that all information submitted as pact of, or
in support of bid submittals will be available for public inspection after
opening of bids in compliance with Chapter 119 of the Florida 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 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 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. HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT (HIPAA)
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 IIHt/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.
PHI shall maintain its protected status regardless of the form and method
of transmission (paper records, and/or electronic transfer of data). The
Bidder/ Proposer must give its customers written notice of its privacy
information practices including specifically, a description of the types of
uses and disclosures that would be made with protected health
information.
1.30. 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
are used to pay for all or some part of the cost of this contract, no award
of a Blanket Purchase Order (BPO) for Transit/Public Works as part of a
multi -department contract, nor an award of a 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: 1) 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 CITTs disapproval, the County Commission reaffirms Transit/Public
Work's inclusion in the contract by two-thirds (2/3) vote of the
Commission's membership and such reaffirmation becomes final_
1.31 LOBBYIST CONTINGENCY FEES
A. In accordance with Section 2-11.1(s) of the Code of Miami -Dade
County after May, 16, 2003, no person may, in whole or in part, pay,
give or agree to pay or give a contingency fee to another person. No
person may, in whole or in part, receive or agree to receive a
contingency fee.
B. A contingency fee is a fee, bonus, commission or non -monetary
benefit as compensation which is dependant on or in any way contingent
upon the passage, defeat, or modification of 1) any ordinance,
resolution, action or decision of the County Commission; 2) any action,
decision or recommendation of the County Manager or any County
board or committee; or 3) any action, decision or recommendation of
any County personnel during the time period of the entire decision -
making process regarding such action, decision or recommendation
which forseeably will be heard or reviewed by the County Commission
or a County board or committee.
132 COMMISSION AUDITOR — ACCESS TO RECORDS
Pursuant to Ordinance No. 03-2, all vendors receiving an award of the
contract resulting from this solicitation will grant access to the
Commission Auditor to all financial and performance related records,
property, and equipment purchased in whole or in part with government
funds.
Revised 11/9/06