Okaloosa County BOCC — April 5, 2016 — Palm Beach Bid 15-063-LC — reading text

assigns to the other party in respect to all provisions of this following a conviction for a public entity crime may not submit Contract. Neither the County nor the successful bidder shall a bid on a contract with a public entity for the construction or assign, sublet, convey or transfer its interest in this Contract repair of a public building or public work, may not submit bids without the prior written consent of the other. on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, j. INDEMNIFICATION: Regardless of the coverage provided by subcontractor, or consultant under a contract with any public any insurance, the successful bidder shall indemnify, save entity, and may not transact business with any public entity in harmless and defend the County, its agents, servants, or excess of the threshold amount provided in F.S. 287.017 for employees from and against any and all claims, liability, losses CATEGORY TWO for a period of 36 months from the date of and / or causes of action which may arise from any negligent being placed on the convicted vendor list.” act or omission of the successful bidder, its subcontractors, agents, servants or employees during the course of performing SCRUTINIZED COMPANIES (WHEN CONTRACT VALUE IS services or caused by the goods provided pursuant to these GREATER THAN $1 MILLION): As provided in F.S. 287.135, bid documents and / or resultant contract. by entering into a Contract or performing any work in furtherance of this Invitation for Bid, the BIDDER certifies that k. PUBLIC RECORDS, ACCESS AND AUDITS: Any material it, its affiliates, suppliers, subcontractors and consultants who submitted in response to this solicitation is considered a public will perform hereunder, have not been placed on the document in accordance with Section 119.07, F.S. This Scrutinized Companies With Activities in Sudan List or includes material which the responding bidder might consider Scrutinized Companies With Activities in The Iran Petroleum to be confidential. All submitted information that the Energy Sector List created pursuant to F.S. 215.473. responding bidder believes to be confidential and exempt from disclosure (i.e., a trade secret, etc) must be specifically If the County determines, using credible information available identified as such. Upon receipt of a public records request for to the public, that a false certification has been submitted by information the bidder has designated as a trade secret or as BIDDER, the resulting Contract from this Invitation for Bid may otherwise exempt from Section 119.07, F.S., a determination be terminated and a civil penalty equal to the greater of $2 will be made whether the identified information is, in fact, million or twice the amount of this Contract shall be imposed, confidential. pursuant to F.S. 287.135. The bidder shall maintain records related to all charges, f. NON-COLLUSION: Bidder certifies that it has entered into no expenses, and costs incurred in estimating and performing the agreement to commit a fraudulent, deceitful, unlawful, or work for at least three (3) years after completion or termination wrongful act, or any act which may result in unfair advantage of this Contract. The COUNTY shall have access to such for one or more bidders over other bidders. Conviction for the records as required in this Section for the purpose of Commission of any fraud or act of collusion in connection with inspection or audit during normal business hours, at the any sale, bid, quotation, proposal or other act incident to doing bidder’s place of business. business with Palm Beach County may result in permanent debarment. Notwithstanding anything herein to the contrary, as provided under Section 119.0701, F.S., where the bidder: (i) provides No premiums, rebates or gratuities are permitted; either with, a service and (ii) acts on behalf of the COUNTY as prior to or after any delivery of material or provision of services. provided under Section 119.011(2) F.S., the bidder is Any such violation may result in award cancellation, return of required to: materials, discontinuation of services, and removal from the vendor bid list(s), and / or debarment or suspension from doing 1. maintain public records that ordinarily and necessarily business with Palm Beach County. would be required by the COUNTY in order to perform the service; g. LOBBYING: Bidders are advised that the “Palm Beach 2. provide the public with access to public records on the County Lobbyist Registration Ordinance” prohibits a bidder or same terms and conditions that the COUNTY would anyone representing the bidder from communicating with any provide the records and at a cost that does not exceed County Commissioner, County Commissioner’s staff, or any the cost provided by Florida law; employee authorized to act on behalf of the Commission to 3. ensure that public records that are exempt or confidential award a particular contract regarding its bid, i.e., a “Cone of and exempt from public records disclosure requirements Silence”. are not disclosed except as authorized by law; and 4. meet all requirements for retaining public records and The “Cone of Silence” is in effect from the date / time of the transfer, at no cost, to the COUNTY all public records in deadline for submission of the bid, and terminates at the time possession of the contractor upon termination of the that the Board of County Commissioners or a County contract and destroy any duplicate public records that are Department authorized to act on their behalf, awards or exempt or confidential and exempt from public records approves a contract, rejects all bids, or otherwise takes action disclosure requirements. All records stored electronically which ends the solicitation process. must be provided to the COUNTY in a format that is compatible with the information technology systems of the Bidders may, however, contact any County Commissioner, COUNTY. County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract, Failure of the bidder to comply with these requirements shall via written communication, i.e., facsimile, e-mail or U.S. mail. be a material breach of this Contract. Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.  Page 4 l. INCORPORATION, PRECEDENCE, JURISDICTION: This M/WBEs, unless otherwise provided by law, businesses Invitation for Bid shall be included and incorporated in the final eligible for certification as an M/WBE are encouraged to award. The order of contractual precedence shall be the bid maintain their certification in order to assist in the tracking of document (original terms and conditions), bid response, and M/WBE availability and awards of contracts to M/WBEs. This purchase order or term contract order. Any and all legal action information is vital to determining whether race and gender necessary to enforce the award or the resultant contract shall neutral programs assist M/WBE firms or whether race and be held in Palm Beach County and the contractual obligations gender preferences are necessary in order to address any shall be interpreted according to the laws of Florida. continued discrimination in the market. m. LEGAL EXPENSES: The County shall not be liable to a Item 2 – SBE Goals bidder for any legal fees, court costs, or other legal expenses The County has established a minimum goal of 15% SBE arising from the interpretation or enforcement of this contract, participation for all County solicitations, inclusive of all or from any other matter generated by or relating to this alternates and change orders. This goal is a minimum, and no contract. rounding will be accepted. n. NO THIRD PARTY BENEFICIARIES: No provision of this Item 3 – Ranking of Responsive Bidders Contract is intended to, or shall be construed to, create any Bidders who meet the SBE goal will be deemed to be third party beneficiary or to provide any rights to any person or responsive to the SBE requirement. entity not a party to this Contract, including but not limited to any citizen or employees of the County and / or successful a. In evaluating competitive bids or quotes between $1,000 bidder. and one million dollars ($1,000,000) where the low bidder is non-responsive to the SBE requirement, the contract 3. BID SUBMISSION shall be awarded to the low bidder responsive to the SBE requirement as long as the bid does not exceed the low a. SUBMISSION OF RESPONSES: All bid responses must be bid amount by 10%. In the event there are no bidders submitted on the provided Invitation for Bid “Response” responsive to the SBE requirement, the contract shall be Form. Bid responses on vendor letterhead / quotation forms awarded to the bidder with the greatest SBE participation shall not be accepted. Responses must be typewritten, in excess of seven percent (7%) participation, as long as written in ink or a photocopy and must be signed by an the bid does not exceed the low bid amount by ten agent of the company having authority to bind the