Okaloosa County BOCC — June 7, 2016 — RFB BCC 07-16 — reading text

to accept these bids and make an award thereof shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this bid. This Agreement in no way restricts or interferes with the right of any governmental agency to bid any or all items. 22. NO CONTACT CLAUSE - The Okaloosa County Board of County Commissioners has established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences upon receipt of the procurement proposal, by the County, and terminates upon Board approval to award a contract or reject all bids/responses. Note: For respondent’s convenience, this form is enclosed and is made a part of the bid package. 23. REVIEW OF PROCUREMENT DOCUMENTS - Per Florida Statute 119.071 (2) 2 sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 24. COMPLIANCE WITH FLORIDA STATUTE 119.0701 - The Bidder shall comply with all the provisions of section 119.0701, Florida Statutes relating to public records which requires, among other things, that the Bidder: (a) Keep and maintain public records; (b) Provide the public with access to RFB GSC-13 OKALOOSA COUNTY  public records on the same terms and conditions that the public agency would provide the records; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Bidder upon termination of the contract. 25. PROTECTION OF RESIDENT WORKERS – The Okaloosa County Board of County Commissioners actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verifications, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verifications. The Bidder shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request documentation showing compliance with the requirements. Bidders doing construction business with Okaloosa County are required to use the Federal Government Department of Homeland Security’s website and use the E-Verify Employment Eligibility Verifications System to confirm eligibility of all employees to work in the United States. 26. SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE - The County may, at any time, without cause, order Bidder in writing to suspend, delay or interrupt the work in whole or in part for such period of time as the County may determine, or to terminate all or a portion of the Contract for the County’s convenience. Upon such termination, the Contract Price earned to the date of termination shall be paid to Bidder, but Bidder waives any claim for damages, including loss of profits arising out of or related to the early termination. Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect. If the County orders a suspension, the Contract price and Contract time may be adjusted for increases in the cost and time caused by suspension, delay or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by reason for which Bidder is responsible; or that an equitable adjustment is made or denied under another provision of this Contract. 27. FAILURE OF PERFORMANCE/DELIVERY - In case of default by the Bidder, the County after due notice (oral or written) may procure the necessary supplies or services from other sources and hold the Bidder responsible for difference in cost incurred. Continuous instances of default shall result in cancellation of the contract and removal of the Bidder from the bid list for duration of one (1) year, at the option of the County. 28. AUDIT - If requested, Bidder shall permit the County or an authorized, independent audit agency to inspect all data and records of Bidder relating to its performance and its subcontracts under this contract from the date of the contract through three (3) years after the expiration of contract. 29. EQUAL EMPLOYMENT OPPORTUNITY; NON DISCRIMINATION – Bidder will not discriminate against any employee or an applicant for employment because of race, color, religion, gender, sexual orientation, national origin, age, familial status or handicap. 30. NON-COLLUSION – Bidder certifies that it has entered into no Agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other Bidders. See Florida Statute 838.22. RFB GSC-14 OKALOOSA COUNTY 31. UNAUTHORIZED ALIENS/PATRIOT’S ACT – The knowing employment by Bidder or its subcontractors of any alien not authorized to work by the immigration laws is prohibited and shall be a default of the contract. In the event that the Bidder is notified or becomes aware of such default, the Bidder shall take steps as are necessary to terminate said employment with 24 hours of notification or actual knowledge that an alien is being employed. Bidder’s failure to take such steps as are necessary to terminate the employment of any said alien within 24 hours of notification or actual knowledge that an alien is being employed shall be grounds for immediate termination of the contract. Bidder shall take all commercially reasonable precautions to ensure that it and its subcontractors do not employ persons who are not authorized to work by the immigration laws. 32. The following documents are to be submitted with the bid packet: A. Drug-Free Workplace Certification Form B. Conflict of Interest C. Federal E-Verify D. No Contact Clause Form E. Indemnification and Hold Harmless F. Company Data G. Addendum Acknowledgement H. Certification Regarding Lobbying I. Bid Sheet RFB GSC-15 OKALOOSA COUNTY  DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED BIDDER CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statues, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in employee’s community, by any employee who is convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. DATE: SIGNATURE: COMPANY: NAME: (Typed or Printed) ADDRESS: TITLE: E-MAIL: PHONE NO.: RFB Form-A OKALOOSA COUNTY  CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all Bidders, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected officials(s), or if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their business. Indicate either “yes” (a county employee, elected official, or agency is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business. YES: NO: NAME(S) POSITION(S) FIRM NAME: BY (PRINTED): BY (SIGNATURE): TITLE: ADDRESS: PHONE NO.: E-MAIL : DATE: RFB Form-B OKALOOSA COUNTY  FEDERAL E-VERIFY COMPLIANCE CERTIFICATION In accordance with Okaloosa County Policy and Executive Order Number 11-116 from the office of the Governor if the State of Florida, Bidder hereby certifies that the U.S. Department of Homeland Security’s E- Verify system will be used to verify the employment eligibility of all new employees hired by the Bidder during the contract term, and shall expressly require any subcontractors performing work or providing services pursuant to the contact to likewise utilize the U.S. Department of Homeland Securities E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term; and shall provide documentation such verification to the COUNTY upon request. As the person authorized to sign this statement, I certify that this company complies/will comply fully with the above requirements. DATE: SIGNATURE: COMPANY: NAME: ADDRESS: TITLE: E-MAIL: PHONE NO.: RFB Form-C OKALOOSA COUNTY