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<br />(c) The proper precautions. handling pracltces. necessary
<br />personal protective equipment, and other safety pre-
<br />cautions in the use of or exposure to the toxic sub-
<br />stances. including appropriate emergency treatment in
<br />case of overexposure.
<br />
<br />(d) The emergency procedure for spills. fire, disposal, and
<br />first aid.
<br />
<br />(e) A description in lay terms of the known specific poten-
<br />tial health risks posed by the toxic substance inlended
<br />to alert any person reading this information.
<br />
<br />(f) The year and month, if available. that th~ information
<br />was compiled and the name, address, and emergency
<br />telephone number of the manufacturer responsible for
<br />preparing the information.
<br />
<br />10. MANUFACTURERS NAME AND APPROVED EQUIVA-
<br />lENTS: Manufacturer's names, trade names, brand names,
<br />information and/or catalog numbers listed in a specification
<br />are for information and establishment of quality level de-
<br />sired and are not intended to limit competition unless other-
<br />wise. specified in the bid. The bidder may olfer any brand
<br />which meets or exceeds the specifications for any item(s).
<br />If bids are based on equivalent products, indicate on the bid
<br />form the manufacturer's name and catalog number. Bidder
<br />shall submit with his bid complete descriptive literature and!
<br />or specifications. The bidder should also explain in detail the
<br />reason(s) why and submit proof thai the proposed equiva-
<br />lenl will meel the specifications and not be considered an
<br />exception therelo. Broward County Board of County Com-
<br />missioners reserves the right to be the soJe judge of what is
<br />equal and acceptable. Bids which do not comply with these
<br />requirements are subject to rejection. If Bidder fails to name
<br />a substitute it will be assumed that he is bidding on. and he
<br />will be required to furnish goods identical to bid standard"
<br />
<br />11. INTERPRETATIONS: Any Questions concerning condi-
<br />tions and specificalions of this bid shall be directed in writing
<br />to the Purchasing Division a minimum of 24 hours prior to
<br />bid opening. No interpretation(s) shall be considered bind-
<br />ing unless provided to all Bidders in writing by the Director
<br />of the Purchasing Division.
<br />
<br />12. AWARDS: lfa specific basis of award is not established
<br />in the special instructions to bidders, Ihe award shall be
<br />10 the responsible bidder with the lowest responsive
<br />bid meeting the written specifications. As the best inter-
<br />est of the Board of County Commissioners may require, the
<br />right is reserved 10 make award(s) by individual commodi-
<br />ties/services, group of commodities/services, all or none or
<br />any combination thereof. When a group is specified, all
<br />items within the group must be bid. A bidder desiring 10 bid
<br />'No Charge" on an item in a group must so indicate,
<br />otherwise the bid for the group will be construed as incom-
<br />plete and may be rejected. However, if bidders do not bid all
<br />items within a group, the County reserves the right to award
<br />on an item by item basis. When a group bid is indicated for
<br />variable Quantities and the bid for Ihe group shows evidence
<br />of unbalanced bid prices, such bid may be rejected. The
<br />Purchasing Director. or the Board of County Commission-
<br />ers, whichever is applicable reserves the right to waive
<br />technicalities and irregularities and 10 reject any or all bids.
<br />
<br />13. NON-CONFORMANCE TO CONTRACT CONDITIONS:
<br />The County may withhold acceptance of. or reject any items
<br />which are found, upon examination, not to meel the speci.
<br />fication requirements. Upon writ1en notification of rejection,
<br />items shall be removed Within five (5) calendar days by the
<br />
<br />Vendor at his expense and redelivered at his expense.
<br />Rejected goods leN longer than thirty (30) days will be
<br />regarded as abandoned and the Board shall have the right
<br />to dispose of them as its own property. On foodstuffs and
<br />drugs. no writ1en notice or rejection need be given. Upon
<br />verbal notice to do so. the Vendor shall immediately remove
<br />and replace such rejected merchandise al his expense.
<br />Rejection for non-conformance, failure to provide services
<br />conforming to specifications. or failure to meet delivery
<br />schedules may result in contractor being found in default.
<br />
<br />14. INSPECTION, ACCEPTANCE AND TITLE: Inspection and
<br />acceptance will be at destination. Title and risk of loss or
<br />damage to all items shall be the responsibility of the contrac-
<br />tor until accepted by the County.
<br />
<br />15. GOVERNMENTAL RESTRICTtONS: In the evenl any gov-
<br />ernmental restrictions may be imposed which would necessi-
<br />tate alteration of the material quality. workmanship or perior-
<br />mance of the items offered on this bid prior to their delivery, it
<br />shall be the responsibility of the successful bidder to notify the
<br />County at once, indicating in his fet1er the specific regulation
<br />which required an alteration. The Board of County Commis-
<br />sioners reserves the right to accept any such alteration,
<br />including any price adjustments occasioned thereby. or to
<br />cancel the contract at no further expense to the County.
<br />
<br />16. LEGAL REQUIREMENTS: Applicable provisions of all Fed-
<br />eral, Slate, County and local laws. and of all ordinance, rules
<br />and regulations including the Procurement Code of Broward
<br />County shall govern development. submittal and evaluation
<br />of bids received in response hereto and shall govem any
<br />and all claims and disputes which may arise between
<br />person(s) submitting a bid in response hereto and Broward
<br />County by and through its officers, employees and autho-
<br />rized representative. or any other person natural or other-
<br />wise. Lack of knowledge by any bidder shall not constitute
<br />a recognizable defense against the legal effect thereof.
<br />
<br />17. PATENTS AND ROYALTIES: The bidder, without excep-
<br />tion, shall indemnify and save harmless the County and its
<br />employees from liability of any nature or kind, including cost
<br />and expenses for or on account of any copyrighted, pat-
<br />ented or unpatented invention, process, or article manufac-
<br />tured or used in the performance of the contract. including
<br />its use by the County. If the bidder uses any design, device.
<br />or materials covered by letters. patent or copyright, it is
<br />mutually agreed and understood withoul exception that the
<br />bid prices shall include all royalties or cost arising from the
<br />use of such design, device. or materials in any way involved
<br />in the work.
<br />
<br />18. ASSIGNMENT, SUBCONTRACT: Contractor shall not
<br />transfer, convey, pledge. subcontract or assign the perior-
<br />mance required by Ihis bid without the prior written consent
<br />of the Purchasing Director. Any Award issued pursuant to
<br />this bid invitation and the monies which may become due
<br />hereunder are not assignable, transferrable, or otherwise
<br />disposable except with the prior written consent of the
<br />Purchasing Director.
<br />
<br />19. QUALlFICA nONS OF BIDDER: Bids will be considered only
<br />from firms normally engaged in providing the types of com-
<br />modities/serv;cesspecified herein. The Purchasing Directoror
<br />the Board of County Commissioners. reserves the right to
<br />inspect the facilities, equipment, personnel and organization or
<br />to take any other action necessary to determine ability to
<br />
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