IMPORTANT!—PLEASE READ CAREFULLY BEFORE MAKING BID
GENERAL PROVISIONS
These
general terms and conditions of the bid quotation and acceptance apply in like
force to this inquiry and to any subsequent contract resulting therefrom.
ACKNOWLEDGMENT OF AMENDMENTS
Bidders
shall acknowledge receipt of any amendment to the solicitation by identifying
the amendment number in the space provided for this purpose on the bid form, by
letter, or by returning a copy of the issued amendment with the submitted
bid. The acknowledgment must be
received by Pasco County by the time and at the place specified for the receipt
of bids. Failure to acknowledge an
issued amendment may result in bid rejection and disqualification.
ADDITIONAL INFORMATION
Questions
concerning the contract or technical portions of the bid document must be
submitted in writing to Scott P. Stromer, Purchasing Director, Pasco
County Purchasing Department; 8919 Government Drive; New Port Richey,
Florida 34654; fax machine number (727) 847‑8065. Bidders are cautioned that any statements
made by individuals, or employees of Pasco County, that materially change any
portion of the bid document shall not be relied upon unless subsequently
ratified by a formal written amendment to the bid document. No contractual or technical questions will
be accepted after ten (10) days prior to the date set for bid opening.
ALTERNATIVE BIDS
The
bidder WILL NOT be allowed to offer more than one (1) price (for the
goods or services specified). If the
said bidder should submit more than one (1) price on any item (or service), ALL
prices will be rejected for that item.
The bidders offering service delivery methods other than those permitted
by the scope of work or specifications may submit a separate envelope clearly
marked "Alternative Bid."
Alternative bids will be deemed nonresponsive and will not be considered
for award. All such responses will,
however, be examined prior to award.
Such examination may result in cancellation of all bids received to
permit rewriting the scope of work or specifications to include the alternative
method, or the alternative method may be considered for future requirements of
Pasco County.
ANTITRUST
By
entering into a contract, the contractor conveys, sells, assigns, and transfers
to Pasco County all rights, titles, and interest it may now have or hereafter
acquire under the antitrust laws of the United States and the State of Florida
that relate to the particular goods or services purchased or acquired by Pasco
County under the said contract.
APPLICABLE LAW
The
contract shall be governed in all respects by the laws of the State of Florida,
and any litigation with respect thereto shall be brought in the courts of Pasco
County, Florida. The contractor shall
comply with all applicable Federal, State, and local laws and regulations. Lack of knowledge by the bidder will in no
way be a cause for relief from responsibility.
ASSIGNMENT
The
contractor shall not assign, transfer, convey, sublet, or otherwise dispose of
any award or any or all of its rights, title, or interest therein, or delegate
the duties hereunder without the prior written consent of Pasco County.
AWARD
Consideration
for award will be by proximity to specifications given, costs, and time of
delivery. All purchases, leases, or
contracts that are based on competitive bids will be awarded to the overall
lowest, responsive, and responsible bidder.
Complete and accurate responses to all items are necessary for the
complete and fair evaluation of bids.
Bid award, in addition to the above stated, will be based on compliance
with the specified requirements as well as the "total-cost" or
"life-cycle costing" concept, including the following: 1) Cost:
A cost analysis will be conducted and will include all identifiable
costs associated with acquisition, installation, maintenance, and operation of
the bidder's offered equipment. The
analysis will be based upon the bidder's proposal data and other costs which,
in the judgment of the evaluators, will be incurred by the County resulting
from acceptance of the bidder's proposal; 2) Equipment: Evaluation of equipment will be based on
compliance with the specifications, expected life of equipment, output,
maintenance, consumption, disposal value, warranty, complexity of operation,
required training, and other factors that may contribute to the overall cost of
the specified item; and 3) Bidder's Reputation and Experience: Evaluation of the bidder's reputation, past
performance, and experience shall be based on the nature and extent of company
data furnished, references and financial responsibility of the bidder.
BIDDER CERTIFICATION
The
bidder agrees that submission of a signed bid form is certification that the
bidder will accept an award made to it as a result of the submission.
BIDDERS' LIST
Failure to submit a bid for the item(s)/service(s)
specified will result in removal from the bidders' list for such (an)
item(s). If a bid is not submitted, a
"NO BID" response must be submitted to remain on the Pasco County's
bidders' list for such items. A form
for submitting a "NO BID" is provided on Page 2 for your
convenience.
BID CLARIFICATIONS
If
any party contemplating the submission of a bid on this invitation is in doubt
as to the true meaning of any part of the plans, specifications, or other
documents, he should submit a written request for an interpretation thereof to
the Purchasing Director. The bidder's
concerns, regarding clarification of specifications and/or discrepancies and/or
omissions and/or changes to the attached specifications shall be made in
writing and received by the County no later than ten (10) calendar days prior
to the bid opening date. The letter
from the bidder shall state clearly, and in detail, the basis for such
concern(s) or request(s). The letter
shall be addressed to the Purchasing Director, and marked "PREBID
QUESTION" on the face of the envelope.
The Purchasing Director will respond in writing. An interpretation of the bid invitation
document will be made only by addendum duly issued to each party receiving a
bid invitation. All such addenda shall
become part of the contract documents.
Pasco County shall not be responsible for explanations or
interpretations of bid invitation documents except as issued in accordance
herewith. No oral interpretations will
be made as to the meaning of specifications or any other contract
documents. Failure to comply with this
provision will result in the bidder waiving his/her right to dispute the bid
specification.
BIDDER INVESTIGATIONS
Before
submitting a bid, each bidder shall make all investigations and examinations
necessary to ascertain all site conditions and requirements affecting the full
performance of the contract and to verify any representations made by Pasco
County upon which the bidder will rely.
If the bidder receives an award as a result of its bid submission,
failure to have made such investigations and examinations will in no way
relieve the bidder from its obligation to comply in every detail with all
provisions and requirements of the contract documents, nor will a plea of
ignorance of such conditions and requirements be accepted as a basis for any
claim whatsoever by the contractor for additional compensation.
BID FORM SUBMISSION
Bids
shall be submitted on the attached forms.
Bids concerning separate bid invitations must not be combined on the
same form or placed in the same envelope.
Bids submitted in violation of this provision shall not be
considered. All bids must be signed, in
ink, in order to be considered.
Erasures are not acceptable on bids; if necessary to make a change, strike
out or draw a line through incorrect item and type the correction above, and
initial the correction in ink. If the
bidder is a firm or corporation, the bidder must show the title of the
individual executing the bid, and if the individual is not an officer of the
firm or corporation, the bidder must submit proof that the individual has the
authority to obligate the firm or corporation.
BIDS MAY NOT BE ALTERED OR AMENDED AFTER THE BID CLOSING.
BID ENVELOPES
Envelopes
containing bids must be sealed and marked in the lower left-hand corner with
the invitation number, commodity, and date and hour of opening of bids. Failure to do so may cause bid not to be
considered. Express Company or Express
Mail envelopes containing a sealed bid shall also be sealed and marked in the
lower left-hand corner with the invitation number, commodity, and date and hour
of opening of bids.
BID RECEIPT AND OPENING
Pasco
County will receive sealed bid proposals until date and time indicated on bid
cover. Bids must be delivered, by hand
or mail, to the Pasco County Purchasing Department, located at
8919 Government Drive, New Port Richey, Florida, where they will be
opened at the stated time. Bids must be
time stamped in the Purchasing Department before or on the hour and date
indicated on the cover sheet (Invitation for Bid) for the bid opening. Bids received after the date and time of the
bid opening will be received, date stamped, and returned to the bidder
unopened. It is the responsibility of
the bidder to ensure that bids arrive at the designated opening place on
time. Late or nondelivery due to mail
or express delivery company failure will not be considered adequate reason for
consideration of late bids. FACSIMILE
(FAXED) BIDS WILL NOT BE ACCEPTED AND SHALL NOT BE CONSIDERED FOR EVALUATION OR
AWARD. Notes may be taken at the public
reading of the bid(s) at the specified time and date of the opening or a
personal inspection may be made of the bid(s) after award has been made and
documents are placed in central and public files.
BID ACCEPTANCE PERIOD
Any
bid submitted as a result of the solicitation shall be binding on the bidder
for a minimum of ninety (90) calendar days following the bid opening date. Any bid for which the bidder specifies a
shorter acceptance period may be rejected.
BID WITHDRAWAL
Bids may not be changed after the bid closing time.
To
withdraw a bid that includes a clerical error after bid opening, the bidder
must give notice in writing to Pasco County of claim or right to withdraw a
bid. Within two (2) business days after
the bid opening, the bidder requesting withdrawal must provide to Pasco County
all original work papers, documents, and other materials used in the
preparation of the bid. A bidder may also
withdraw a bid prior to the time set for the opening of bids by simply making a
request in writing to Pasco County; no explanation is required. No bidder who is permitted to withdraw a bid
shall, for compensation, supply any material or labor to or perform any
subcontract or other work for the person to whom the contract is awarded or
otherwise benefit from the contract. No
partial withdrawals of a bid are permitted after the time and date set for the
bid opening; only complete withdrawals are permitted. The decision to allow or disallow bid withdrawal remains solely
with Pasco County.
BRAND NAMES
Any
catalog, brand name, or manufacturer's reference used in the specifications is
intended to be descriptive and not restrictive, and is used only to
indicate type and quality desired. Any
article, equipment, or material, which shall conform to the standards and
excellence, so established, and is of equal merit, strength, durability, and
appearance to perform the desired function, is deemed eligible for offer as a
substitute. The qualifications of the
offering shall be judged as to their conformance with these
specifications. Any equipment offered
other than herein specified shall be subject to a competitive demonstration and
evaluation by Pasco County. The
determination as to whether any alternate product or service is or is not equal
shall be made by Pasco County, and such determination(s) shall be final and
binding upon all bidders.
CANCELLATION
Pasco
County reserves the right to cancel a resulting contract, without cause, by
giving thirty (30) days' prior written notice to the contractor of the
intention to cancel, or with cause if at any time the contractor fails to
fulfill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any
of the provisions of a resulting contract shall be considered a material breach
of contract and shall be cause for immediate termination of the contract at the
sole discretion of Pasco County. In
addition to all other legal remedies available to the County, Pasco County reserves
the right to cancel and obtain from another source, any services which have not
been provided within the required period of time or, if no such time is stated,
within a reasonable period of time from the date of order or request, as
determined by the County.
CHANGE IN SCOPE OF WORK
Pasco
County may order changes in the work consisting of additions, deletions, or
other revisions within the general scope of the contract. No claims may be made by the contractor that
the scope of the project or of the contractor's services has been changed,
requiring changes to the amount of compensation to the contractor or other
adjustments to the contract, unless such changes or adjustments have been made
by written amendment to the contract or purchase order signed by Purchasing
Director. If the contractor believes
that any particular work is not within the scope of the project, is a material
change, or will otherwise require more compensation to the contractor, the
contractor must immediately notify Pasco County in writing of this belief. If Pasco County believes that the particular
work is within the scope of the contract as written, the contractor will be
ordered to and shall continue with the work as changed and at the cost stated
for the work within the scope.
CONFLICT OF INTEREST
The contractor, by submission of its proposal, certifies
that to the best of his/her knowledge or belief, no elected/appointed official
or employee of the County is financially interested, directly or indirectly, in
the offer of goods or services specified in this invitation.
COST REIMBURSEMENT
The
contractor agrees that payment by Pasco County to the contractor for materials
used in the performance of any work under the contract on a cost plus a
percentage of cost basis is specifically prohibited. The cost of all materials provided in the
performance of the work is to be reimbursed to the contractor in the following
manner: Pasco County shall reimburse
the contractor, on completion and acceptance of each assigned job, only for
those materials actually used in the performance of the work that are supported
by invoices issued by the suppliers of the contractor describing the quantity
and cost of the materials purchased. No
surcharge shall be added to the suppliers' invoices or included in the
contractor's invoice submitted to Pasco County that would increase the dollar
amount indicated on the suppliers' invoices for the materials purchased for the
assigned job. All incidental costs,
including allowances for profit and tools of the trade, must be included in the
contract hourly labor rates.
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
The
bidder certifies that the prices submitted in response to the solicitation have
been arrived at independently and without—for the purpose of restricting
competition—any consultation, communication, or agreement with any other bidder
or competitor relating to those prices, the intention to submit a bid, or the
methods or factors used to calculate the prices bid.
COLLUSION AMONG BIDDERS
Each
bidder, by submitting a bid, certifies that it is not a party to any collusive
action or any action that may be in violation of the Sherman Antitrust
Act. Any or all bids shall be rejected
if there is any reason for believing that collusion exists among the bidders. Pasco County may or may not, at its
discretion, accept future bids for the same work from participants in such
collusion. More than one (1) bid from
an individual, firm, partnership, cooperation, or association under the same or
different names may be rejected.
Reasonable grounds for believing that a bidder has interest in more than
one (1) bid for the work being bid may result in rejection of all bids in which
the bidder is believed to have interest.
Nothing in this clause shall preclude a firm acting as a subcontractor
to be included as a subcontractor for two (2) or more primary contractors
submitting a bid for the work.
DEBARMENT
By
submitting a bid, the bidder certifies that it is not currently debarred from
submitting bids for contracts issued by any political subdivision or agency of
the State of Florida and that it is not an agent of a person or entity that is
currently debarred from submitting bids for contracts issued by any subdivision
or agency of the State of Florida.
ETHICS IN PUBLIC PROCUREMENT
The contract shall incorporate by reference, but shall not
be limited to, the provisions of law contained in Chapter 112, 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 of a public building or public work; may
not submit bids on leases or 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, Florida Statutes, for CATEGORY TWO for a period of
thirty-six (36) months from the date of being placed on the convicted vendor
list. The bidder certifies that its bid
was made without collusion or fraud; that it has not offered or received any
kickbacks or inducements from any other bidder, supplier, manufacturer, or
subcontractor in connection with this bid; and that it has not conferred on any
public employee having official responsibility for this procurement transaction
any payment, loan, subscription, advance, deposit of money, services, or
anything of value.
EXCEPTIONS
Bidders
taking exception to any part or section of the solicitation must
indicate such exceptions on the bid form or appendix. Failure to indicate any exception will be interpreted as the
bidder's intent to comply fully with the requirements as written. Conditional or qualified bids, unless
specifically allowed, shall be subject to rejection in whole or in part.
EXPENSES INCURRED IN PREPARING BID
Pasco
County accepts no responsibility for any expense incurred by the bidder in the
preparation and presentation of a bid.
Such expenses shall be borne exclusively by the bidder.
ERRORS IN EXTENSIONS
If
the unit price and the extension price are at variance, the unit price shall
prevail.
FORCE MAJEURE
The
contractor shall not be held responsible for failure to perform the duties and
responsibilities imposed by the contract due to legal strikes, fires, riots,
rebellions, and acts of God beyond the control of the contractor, unless
otherwise specified in the contract.
FAILURE TO DELIVER
In
the event of failure of the contractor to deliver the goods and services in
accordance with the contract terms and conditions, Pasco County may procure the
goods and services from other sources and hold the contractor responsible for
any resulting additional costs. A
failure to deliver will result in immediate termination of a resulting
contract, and immediate disqualification and debarment from submitting bids to
Pasco County for a maximum of three (3) years.
These remedies shall be in addition to any other remedies that Pasco
County may have available.
FAILURE TO ENFORCE
Failure
by Pasco County at any time to enforce the provisions of the contract shall not
be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the
contract or any part thereof or the right of Pasco County to enforce any
provision at any time in accordance with its terms.
FAIR LABOR STANDARDS
By
submission of a bid, the bidder certifies that the contractor(s) and/or
subcontractor(s) providing product(s) or service(s) shall, in the execution or
performance of such a contract, maintain fair labor standards as defined in
applicable State and Federal regulations.
INDEPENDENT CONTRACTOR
The
contractor shall be legally considered an independent contractor and neither
the contractor nor its employees shall, under any circumstances, be considered
servants or agents of Pasco County; and Pasco County shall be at no time
legally responsible for any negligence or other wrongdoing by the contractor,
its servants, or agents. Pasco County
shall not withhold from the contractor any Federal or State unemployment taxes,
Federal or State income taxes, Social Security tax, or any other amounts for
benefits to the contractor. Further,
Pasco County shall not provide to the contractor any insurance coverage or
other benefits, including workers' compensation, normally provided by Pasco County
for its employees.
INFORMALITIES AND IRREGULARITIES
Pasco
County has the right to waive minor defects or variations of a bid from the
exact requirements of the specifications that do not affect the price, quality,
quantity, delivery, or performance time of the services being procured. If insufficient information is submitted by
a bidder with the bid for Pasco County to properly evaluate the bid, Pasco
County has the right to require such additional information as it may deem
necessary after the time set for receipt of bids, provided that the information
requested does not change the price, quality, quantity, delivery, or
performance time of the services being procured. The Board reserves the right to reject any or all bids in whole
or in part; to award by any item, group(s) of items, total bid, or accept the
bid that is most advantageous and in the best interest of Pasco County.
INDEMNIFICATION
In
consideration of the sum of Fifteen and 00/100 Dollars ($15.00), the receipt
and sufficiency of which is acknowledged by the contractor to be included and
paid for in the contract price, the contractor shall indemnify, defend, and
hold harmless the County and its agents and employees from and against all
liabilities, claims, damages, losses, and expenses, including attorneys' fees,
arising out of or resulting from the performance of the work, provided that any
such liability, claim, damage, loss, or expense: 1) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the work
itself), including the loss of use resulting therefrom; and 2) is caused
in whole or in part by any negligent act or omission of the contractor and
subcontractor, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, except for those caused by the
negligent act or omission of the County.
In
any and all claims against the County or any of its agents or employees by any
employee of the contractor, any subcontractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable,
the indemnification obligation under the previous paragraph shall not be
limited in any way as to the amount or type of damages, compensation, or
benefits payable by or for the contractor or any subcontractor under Workers'
Compensation Acts, disability benefit acts, or other employee benefit acts.
IDENTICAL BIDS
Identical
bids or bids which otherwise appear suspicious will be reported to the County
Attorney for investigation.
LIMITATION OF COST
The
contractor agrees to perform the work specified and complete all obligations
under the contract within the stated amounts.
NONAPPROPRIATION
All
funds for payment by Pasco County under this contract are subject to the
availability of an annual appropriation for this purpose by Pasco County. In the event of nonappropriation of funds by
Pasco County for the services provided under the contract, Pasco County will
terminate the contract, without termination charge or other liability, on the
last day of the then-current fiscal year or when the appropriation made for the
then-current year for the services covered by this contract is spent, whichever
event occurs first. If at any time
funds are not appropriated for the continuance of this contract, cancellation
shall be accepted by the contractor on thirty (30) days' prior written notice,
but failure to give such notice shall be of no effect, and Pasco County shall
not be obligated under this contract beyond the date of termination.
NONCONFORMING TERMS AND CONDITIONS
A bid
response that includes terms and conditions that do not conform to the terms
and conditions in the bid document is subject to rejection as
nonresponsive. Pasco County reserves
the right to permit the bidder to withdraw nonconforming terms and conditions
from its bid response prior to a determination by Pasco County of
nonresponsiveness based on the submission of nonconforming terms and
conditions.
NONDISCRIMINATION
By
submission of bid, the bidder certifies that the contractor(s) and/or subcontractor(s)
providing product(s) or service(s) shall not discriminate against any employee
or applicant for employment, to be employed in the performance of such
contract, with respect to his/her hire, tenure, terms, conditions, or
privileges of employment, because of his/her race, color, religion, sex,
disability, or national origin, as outlined in applicable State and Federal
regulations.
ORAL STATEMENTS
No
oral statement of any person shall modify or otherwise affect the terms,
conditions, or specifications stated in this contract. All modifications to the contract or
purchase order must be made in writing by Pasco County.
PATENTS AND ROYALTIES
The
contractor covenants to save, defend, keep harmless, and indemnify Pasco County
and all of its officers, departments, agencies, agents, and employees from and
against all claims, loss, damage, injury, fines, penalties, and cost—including
court costs and attorney's fees, charges, liability, and exposure, however
caused—for or on account of any copyright or patented or unpatented invention,
process, or article manufactured or used in the performance of the contract,
including its use by Pasco County. If
the contractor uses any design, device, or materials covered by patent or
copyright, it is mutually agreed and understood without exception that the
contract price includes all royalties or costs arising from the use of such
design, device, or materials in any way in the work.
PROCUREMENT REGULATIONS
A
copy of the Pasco County Procurement Ordinance is available for review at the
County Purchasing Department, 8919 Government Drive, New Port Richey,
Florida.
PUBLIC INFORMATION
Upon
public opening of all bids or proposals presented to Pasco County as a result
of this solicitation, any and all information contained therein is considered
public and may be reviewed by any persons interested in doing so.
PURCHASE ORDER REQUIREMENT
Purchases
of Pasco County are authorized only if a signed purchase order issued in
advance of the transaction, showing that the ordering agency has sufficient
funds available to pay for the service.
Contractors providing services without a signed purchase order do so at
their own risk. Pasco County will not be
liable for payment for any services provided under the contract unless a valid
purchase order has been issued to the contractor.
PAYMENT TERMS AND DISCOUNTS
Unless
otherwise indicated in the bid documents, payment terms will be net forty-five
(45) days. Terms not consistent with
this provision are not acceptable and may be cause for rejection. Pasco County will pay the contractor within
forty-five (45) days after the receipt of a correct invoice for reasonable work
allocable to the contract or after the date of acceptance of work that meets
contract requirements, whichever event occurs later. Payment(s) are considered effective on the date payment is
mailed.
Discounts
for prompt payment requiring payment by Pasco County within a stipulated number
of days will be interpreted as applying within the stipulated number of
calendar days after the date of receipt by Pasco County of a correct invoice
describing reasonable work allocable to the contract or after the date of
acceptance of work that meets contract requirements, whichever event occurs
later. Discounts for payment in less than
forty-five (45) days will not be considered during evaluation for award, but
may be taken if applicable after award.
Payment
for construction services will be in accordance with Chapter 218,
Part VII, Florida Statutes (The Florida Prompt Payment Act).
PAYMENT PROCEDURES
The
Board has adopted Resolution No. 95‑70, incorporating its Invoice
Payment Procedures Policy in order to help ensure that vendors providing goods
and/or services to the Board receive payment in a timely manner and in
accordance with Chapter 218, Part VII, Florida Statutes (The Florida
Prompt Payment Act). A copy of
Resolution No. 95‑70 (which includes the policy) is available for
viewing during normal business hours at the Office of the Pasco County Clerk of
the Circuit Court; 38053 Live Oak Avenue; Department of Secretarial
Services, Room 205; Dade City, Florida 33525. Copies of the Resolution may be obtained at
a cost of One and 20/100 Dollars ($1.20).
Please make your check payable to Jed Pittman, Clerk of the Circuit
Court, and forward payment to the Department of Secretarial Services at the
address noted above. For further
information, please call (352) 521‑4347.
Several payment options are available to successful
vendor, upon receipt of a correct invoice:
1.
Check may be mailed to the remit address on the invoice. The check is sent to the Post Office the day
after Board approval.
2.
Check may be picked up in Dade City. The vendor must pick up the check the day after Board
approval. The successful bidder or
contractor must call (352) 521‑4599 for detailed instructions.
3.
Payment may be wire-transferred to the vendor's bank
account. The vendor must call
(352) 521‑4599 for detailed instructions.
QUALIFICATIONS OF BIDDERS
The
bidder may be required before the award of any contract to show to the complete
satisfaction of Pasco County that it has the necessary facilities, ability, and
financial resources to provide the service specified therein in a satisfactory
manner. The bidder may also be required
to give a past history and references in order to satisfy Pasco County in
regard to the bidder's qualifications.
Pasco County may make reasonable investigations deemed necessary and
proper to determine the ability of the bidder to perform the work, and the
bidder shall furnish to Pasco County all information for this purpose that may
be requested. Pasco County reserves the
right to reject any bid if the evidence submitted by, or investigation of, the
bidder fails to satisfy Pasco County that the bidder is properly qualified to
carry out the obligations of the contract and to complete the work described
therein. Evaluation of the bidder's
qualifications and responsibility shall include:
1.
Network - backbone physical and logical topology,
redundancy, expansion capability, network performance, robustness, number of
sites connected directly to vendor's backbone, advanced services available on
vendor's backbone (for the County’s future expansion of services);
2.
Interconnectivity – location of Central Offices (CO’s)
in Pasco County, connectivity in Pasco county, network engineering and capacity
planning;
3.
National Operations Center (NOC) - staffing level,
experience, pro-active monitoring capability, trouble ticket system,
after-hours availability, mean (average) time to respond, customer service standards,
etc.;
4.
Services - Service Level Agreement (SLA), services
available on-line, reporting capabilities, annual customer/user meetings,
transition plan, procedure to order and install service, procedure and cost to
change an existing service, optional additional services, etc.; and
5.
Organizational assessment - completeness of proposal,
methodology, “single source” ability, stability of company, ability of
organization to deliver offered services, ability and reasonable capability of
organization to meet commitments.
QUALITY OF GOODS
All
goods shall be new, in first class condition, and of the manufacturer's latest
design of the model presently in production.
All materials, supplies, and equipment furnished or services performed
under the terms of this purchase order or contractual agreement shall comply
with the requirements and standards specified in the Williams-Steiger
Occupational Safety and Health Act of 1970 (Public Law 91‑596),
as well as other applicable Federal, State, and local codes. Equipment and materials furnished by the
bidder having serious defects, corrosion, or scratches which tend to present an
"other than new" appearance shall be promptly replaced or such
defects promptly corrected by the bidder at no cost to the County. Any existing Material Safety Data Sheets
(MSDS) for the products, materials, supplies, or equipment being bid must be
submitted with the bid. No product
containing asbestos, lead paint, or polychlorinated biphenyl (PCB) in any form
will be considered for award by Pasco County.
RECOVERY OF MONEY
Whenever,
under the contract, any sum of money shall be recoverable from or payable by
the contractor to Pasco County, the same amount may be deducted from any sum
due the contractor under the contract or under any other contract between the
contractor and Pasco County. The rights
of Pasco County are in addition and without prejudice to any other right Pasco
County may have to claim the amount of any loss or damage suffered by Pasco
County on account of the acts or omissions of the contractor.
RISK OF LOSS
Pasco
County shall be relieved from all risks of loss or damage to goods during
periods of transportation, manufacture, and the entire time the goods are in
the possession of the County prior to acceptance by Pasco County. At such time, the risk of loss or damage for
goods shall pass to the County. The
bidder/contractor shall not be responsible for damage to the goods occasioned
by negligence of the County or its employees.
RIGHT TO AUDIT
The
contractor shall maintain such financial records and other records as they
relate to the purchase of goods and/or services by Pasco County from the
subject vendor. The contractor shall
retain these records for a period of three (3) years after final payment, or
until they are audited by Pasco County, whichever event occurs first. These records shall be made available during
the term of the contract and the subsequent three (3) year period for
examination, transcription, and audit by Pasco County, its designees, or other
authorized bodies.
TAXES
All
bids shall be submitted exclusive of direct Federal, State, and local taxes;
however, if the bidder believes certain taxes are properly payable, he/she may
list such taxes separately in each case directly below the respective item bid
price. Prices quoted must be in units
specified, and shall not include the cost of any such taxes, including those on
any material, supplies, or equipment used or installed in the work. Pasco County does not pay Federal Excise and
Sales Taxes on direct purchases of tangible personal property. See Exemption Number on face of the
resulting purchase order. This
exemption does not apply to purchases of tangible personal property made by
contractors who use the tangible personal property in the performance of contracts
for improvement of County-owned real property.
Please refer to Chapter 192, Florida Statutes.
UNSATISFACTORY WORK
If,
at any time during the contract term, the service performed or work done by the
contractor is considered by Pasco County to create a condition that threatens
the health, safety, or welfare of the community, the contractor shall, on being
notified by Pasco County, immediately correct such deficient service or
work. In the event the contractor fails,
after notice, to correct the deficient service or work immediately, Pasco
County shall have the right to order the correction of the deficiency by
separate contract or with its own resources at the expense of the
contractor. Notwithstanding the above,
Pasco County reserves the right to cancel a resulting contract, without cause,
by giving thirty (30) days' prior written notice to the contractor of the
intention to cancel.
END
OF GENERAL PROVISIONS
SPECIAL PROVISIONS
In
addition to the General Provisions of this solicitation, these Special
Provisions, along with the specifications that follow, apply in like force to
this solicitation and to any subsequent contract resulting therefrom.
CONTRACT TERM
The
contract period will begin on July 1, 2005 and continue through June
30, 2008, with an option for two (2) additional--one (1) year periods, upon
mutual acceptance for each additional period.
All contracts are subject to the appropriation of funds by the Board.
INSURANCE REQUIREMENTS
Prior
to the time the contractor is entitled to commence any part of the project,
work, or services under this contract, the contractor shall procure, pay for,
and maintain at least the following insurance coverages and limits. The said insurance shall be evidenced by
delivery to the County of 1) Certificates of Insurance executed by the
insurers listing coverages and limits, expiration dates and terms of policies
and all endorsements whether or not required by the County, and listing all
carriers issuing the said policies; and 2) upon request, a certified copy
of each policy, including all endorsements.
The insurance requirements shall remain in effect throughout the term of
this contract.
1.
Workers' Compensation in at least the limits as
required by law; Employers' Liability Insurance of not less than One Hundred
Thousand and 00/100 Dollars ($100,000.00) for each accident.
2.
Three Hundred Thousand and 00/100 Dollars ($300,000.00)
Comprehensive General Liability Insurance including, but not limited to,
Independent, Contractor, Contractual, Premises/Operations, Products/Completed
Operation and Personal Injury covering the liability assumed under
indemnification provisions of this contract, with limits of liability for
personal injury and/or bodily injury, including death, of not less than Three
Hundred Thousand and 00/100 Dollars ($300,000.00), each occurrence; and
property damage of not less than One Hundred Thousand and 00/100 Dollars
($100,000.00), each occurrence.
(Combined single limits of not less than Three Hundred Thousand and
00/100 Dollars [$300,000.00[, each occurrence, will be acceptable unless
otherwise stated.) Coverage shall be on
an "occurrence" basis, and the policy shall include Broad Form
Property Damage coverage and Fire Legal Liability of not less than
Fifty Thousand and 00/100 Dollars ($50,000.00) per occurrence, unless otherwise
stated by exception herein.
3.
Comprehensive Automobile and Truck liability covering
owned, hired, and nonowned vehicles with combined single limits of not less
than Three Hundred Thousand and 00/100 Dollars ($300,000.00), each
occurrence. Coverage shall be on an
"occurrence" basis, such insurance to include coverage for loading
and unloading hazards.
Each insurance policy shall include the following
conditions by endorsement to the policy:
1.
Each policy shall require that thirty (30) days prior to
expiration, cancellation, nonrenewal, or any material change in coverages or
limits, a notice thereof shall be given to the County by certified mail
to: Pasco County Purchasing Department,
8919 Government Drive, New Port Richey, Florida 34654. The contractor shall also notify the County,
in a like manner, within twenty-four (24) hours after receipt, of any notices
of expiration, cancellation, nonrenewal, or material change in coverage
received by the said contractor from its insurer; and nothing contained herein
shall absolve the contractor of this requirement to provide notice.
2.
Companies issuing the insurance policy, or policies, shall
have no recourse against the County for payment of premiums or assessments for
any deductibles that all are at the sole responsibility and risk of the
contractor.
3.
The term "County" or "Pasco County" shall
include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments,
and Offices of County and individual members, employees thereof in their
official capacities, and/or while acting on behalf of Pasco County.
4.
Pasco County Board of County Commissioners shall be endorsed
to the required policy or policies as an additional named insured.
5.
The policy clause "Other Insurance" shall not apply
to any insurance coverage currently held by the County to any such future
coverage, or to the County's self-insured retentions of whatever nature.
The County hereby waives subrogation rights for loss or damage
against the County.
PRICE ADJUSTMENTS BASED ON THE CONSUMER PRICE INDEX
(CPI)
The
contract unit prices shall remain firm for the first twelve (12) months of the
contract. The unit prices for ensuing
contract years shall be based on the movement of the unadjusted figures of the
U.S. Department of Labor Consumer Price Index for All Urban Consumers (CPI‑U). The contract unit prices will be changed by
Pasco County, upon written request of the vendor, in an amount no more than the
percentage of movement of the CPI‑U for "All Items"
(unadjusted) for the twelve (12) month period ending in the month of April. The contract unit price(s) changed as a
result of these adjustments shall become effective on each anniversary of the
contract and shall be binding on the contractor for each of the subsequent
contract periods.
REQUIREMENTS CONTRACT
During
the period of the contract, the contractor shall provide all the services
described in the contract. The
contractor understands and agrees this is a requirements contract and Pasco
County shall have no obligation to the contractor if no services are
required. Any quantities that are
included in the scope of work reflect the current expectations of Pasco County
for the period of the contract. The
amount is only an estimate and the contractor understands and agrees Pasco
County is under no obligation to the contractor to buy any amount of the
services as a result of having provided this estimate or of having any typical
or measurable requirement in the past.
The contractor further understands and agrees Pasco County may require
services in an amount less than or in excess of the estimated annual contract
amount, and the quantity actually used, whether in excess of the estimate or
less than the estimate, shall not give rise to any claim for compensation other
than the total of the unit prices in the contract for the quantity actually
used.
END
OF SPECIAL PROVISIONS
PURCHASING DEPARTMENT