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<br />5. ADDENDA TO BID: Broward County reserves the right to
<br />amend this Bid prior to the Bid opening date indicated. Only
<br />written addenda will be binding. II, upon review, material errors
<br />in specifications are found. contact the Purchasing Division
<br />immediately. prior to Bid opening date. to allow for review and
<br />subsequent clarification on tile part 01 Broward County.
<br />
<br />6. PRICES, TERMS & PAYMENTS: Firm prices shall be bid
<br />and include all handling, set up, shipping and inside delivery
<br />charges to the destination shown herein unless otherwise
<br />indicated.
<br />
<br />(a) The Bidder: in submitting this bid certifies that the
<br />prices quoted herein are not higher than the prices at
<br />which the same commodity(ies) or service(s) is sold in
<br />approximately similar quantities under similar terms
<br />and conditions 10 any purchaser whomsoever.
<br />
<br />(b) F.O.B. -as specified in Special Instructions 10 bidder.
<br />
<br />(C) Tie Bids: The award on tie bids will be decided by the
<br />Director of the Purchasing Division in accordance with
<br />the provisions 01 the Procurement Code.
<br />
<br />(d) TAXES: Broward County is exempt from Federal Excise
<br />and Florida Sales taxes on direct purchase of tangible
<br />property. Exemption numbers appearon purchase order.
<br />The Contractor shall pay all applicable sales, consumer,
<br />land use, or other similar taxes required by law. The
<br />Contractor is responsible for reviewing the pertinent State
<br />Statutes involving the sales tax and complying with all
<br />requirements.
<br />
<br />(e) DISCOUNTS: Bidders may offer a cash discount for
<br />prompt payment. However, such discounts will not be
<br />considered in determining the lowest net cost for bid
<br />evaluation purposes. Bidders should reflect any dis-
<br />counts to be considered in the bid evaluation in the unit
<br />prices bid.
<br />
<br />(f) MISTAKES: Bidders are cautioned to examine all
<br />specifications, drawings, delivery instructions, unit
<br />prices, extensions and all other special conditions
<br />pertaining to the bid. Failure of the bidder to examine all
<br />pertinent documents shall not entitle him to any relief
<br />from the condilions imposed in the contract. In case of
<br />mistakes in extension, Ihe unit price shall govem.
<br />Multiplication or addition errors are deemed clerical
<br />errors and shall be corrected by the County.
<br />
<br />(g) ORDERING; The Board of County Commissioners re-
<br />serves the righllo pUrchase commodities/services speci-
<br />fied herein through contracts established by othergovem-
<br />mental agencies or through separate procurement ac-
<br />tions due to unique or special needs. If an urgent delivery
<br />is required, within a shorter period than the delivery time
<br />specified in the contract and if the seller is unable to
<br />comply therewith, the Board of County Commissioners
<br />reserves the right to obtain such delivery from others
<br />without penalty or prejudice to the County or to the seller.
<br />
<br />7. TERMINATION:
<br />
<br />(a) FUND.oUT; The Broward County Board 01 County
<br />Commissioners shall be the final authority as to avail-
<br />ability of funds and how such available funds are to be
<br />allotted and expended. In the eventlunds for this projecV
<br />purchase are not made available or otherwise allocated
<br />Broward County may terminale this contract upon thirty
<br />(30) days prior written notice to lhe contractor.
<br />
<br />(b) NON PERFORMANCE: If, in the opinion of the Board
<br />of County Commissioners. the Contractor fails to per-
<br />
<br />lorm after reasonable notice. or the Contractor Willfully
<br />or negligenlly does not comply with specifications.
<br />requirements, terms and conditions ollhe Contract. the
<br />County reserves the right to cancel the Contract by
<br />means of written notification.
<br />
<br />(e) CANCELLATION FOR CONVENIENCE: The County
<br />reserves the right. at its option. to cancel this contracl
<br />for any or no cause, lor County convenience. by giving
<br />thirty (30) days prior written notice to the vendor/
<br />contractor, at the end 01 which time this contract will
<br />automatically expire without the necessity of any fur-
<br />ther action. In the event this contract is terminated for
<br />convenience as provided in this section, the vendor/
<br />contractor will be paid for all materials, goods and
<br />services (as applicable in such contract) incurred prior
<br />to the effective date of termination. Additionally, the
<br />vendor/contractor may, at the reasonable, professional
<br />discretion of the County Purchasing Director, be al-
<br />lowed direct termination expenses and fixed settle-
<br />ment costs which have become finn prior to the date of
<br />lhe notice of termination. No payment will be made for
<br />lost or luture profits. Upon receipt of the notice 01
<br />tennination issued under this section, the vendor/con-
<br />tractor shall discontinue all work, cease any deliveries.
<br />shipment, or carriage of goods and make available to
<br />lhe County Purchasing Director any and all reports,
<br />data, specifications, estimates, summaries, and infor.
<br />mation as are required by the contract.
<br />
<br />8. CONDITIONS AND PACKAGING: Unless otherwise staled
<br />in the special instructions to bidders or the bid sheets, or
<br />specifically ordered from an accepted price list, deliveries
<br />must consist only of new and unused goods and shall be the
<br />current standards production model available at the time 01
<br />the bid. The goods must be suitably packaged for shipment
<br />by common carrier. Each container or multiple units oritems
<br />otherwise packaged shall bear a label, imprint, stencil or
<br />other legible markings slating name 01 manufacturer or
<br />supplier, purchase order number and any other markings
<br />required by specifications, or other acceptable means of
<br />identifying vendor and purchase order number.
<br />
<br />9. SAFETY STANDARDS: Unless otherwise stipulated in the
<br />bid, all manufactured items and fabricated assemblies shall
<br />oomply with applicable requirements of Occupational Safety
<br />and Health Act and any standards thereunder. In compliance
<br />with Chapter 442, Florida Statutes, any toxic substance listed
<br />in Section 38F41.03 01 the Florida Administrative Code deliv-
<br />ered from a contract resulting from this bid must be accompa-
<br />nied by a Material Safety Data Sheet (MSDS). A Material
<br />Safety Data Sheet (MSDS) should also be submitted to the
<br />Broward County Risk Management Division, 115 South An-
<br />drews Avenue, Room 210, Fort Lauderdale, Florida 33301-
<br />1803. The MSDS must indude the following infonnalion.
<br />
<br />(a) The chemical name and the common name of the toxic
<br />substance.
<br />
<br />(b) The hazards or other risks in the use of the toxic
<br />substance, including:
<br />
<br />1. The potential lor fire. explosion, corrosivity. and
<br />reactivity;
<br />
<br />2. The known acule and chronic health effects 01 risks
<br />from exposure, including the medical conditions
<br />which are generally recognized as being aggra-
<br />vated by exposure to the toxic substance; and
<br />
<br />3. The primary routes 01 entry and symptoms of over-
<br />exposure.
<br />
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