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<br />perform in accordance with specifications, terms and condi-
<br />tions. The Purchasing Director orthe Board of County Commis-
<br />sioners will determine whether the evidence of ability to per-
<br />form is satisfactory and reserves the right to rejecl bids where
<br />evidence or evaluation is detennined to indicate inability 10
<br />perform. The Purchasing Director or the Board of County
<br />Commissioners reserves the right to consider a bidder's history
<br />of citations and/or violations of Environmental regulations in
<br />determining responsibility. Bidder should subm~ with his pro.
<br />posal a complete history of all citations andlorviolations notices
<br />and dispositions thereof. Failure of a Bidder to submit such
<br />information may be grounds for tennination of any contract
<br />awarded to successful Bidder. Bidder shall notify County
<br />immediately of notice of any citations or violations which he
<br />may receive after the Bid or Proposal opening date and during
<br />the time of performance under any Contract awarded to him.
<br />
<br />20. EQUAL EMPLOYMENT OPPORTUNITY: No Contractor shall
<br />discriminate against any employee or applicant for employ-
<br />ment because of race. religion. color. sex or National origin, or
<br />physical or mental handicap if qualified. Contractor shall take
<br />affirmative action to ensure that applicants are employed, and
<br />that employees are treated during their employment without
<br />regard to their race. religion, color. sex or National origin, or
<br />physical or mental handicap. Such actions shall include, but not
<br />be limited to the following: employment, upgrading, demotion,
<br />or transfer, recruitment or recruitment advertising, layoff or
<br />tennination, rates of payor other fonns of compensation; and
<br />selection for training, including apprenticeship. The Contractor
<br />agrees to post in conspicuous places available to employees
<br />and applicants for employment, notices setting forth the provi-
<br />sions ofltlis non-discrimination clause. The Contractor further
<br />agrees thaI he/she will ensure that Subcontractors, if any, will
<br />be made aware of and will comply with this nondiscrimination
<br />clause.
<br />
<br />21. NOTICE TO SELLER TO DELIVER:. No delivery shall
<br />become due. or be acceptable without a written order or
<br />shipping instruction by the County, unless otherwise pro-
<br />vided in the Contract. Such order will contain the Quantity,
<br />time of delivery and other pertinent data. However, on items
<br />urgently required. the Seller may be given telephone notice.
<br />10 be confirmed by an order in writing.
<br />
<br />22. MODIFICATIONS: All changes to purchase orders shall be
<br />by issuance of a change order. Any modifications or changes
<br />to any contract entered inlo as a result of this bid must be by
<br />written amendment with the same formality and of equal
<br />dignity prior to the initialion of any such change.
<br />
<br />23. RESOLVE PROTESTED SOLICITATIONS AND PRO-
<br />POSED AWARDS: In accordance with the Broward County
<br />Procurement Code Sec. 21.118, relative 10 ~Pre.Litigation
<br />Protested Solicitations and Proposed Awards":
<br />
<br />a. Right 10 Protes!. Any actual or prospective bidder or
<br />offeror who is aggrieved in connection with the solicita-
<br />tion or proposed award of a contract which is $100,000
<br />or greater may protest to the Director of Purchasing. The
<br />protest shall be submitled in writing within seven calen-
<br />
<br />dar days after such aggrieved person knows or should
<br />have known the facts giving rise thereto.
<br />
<br />b. Any actual or prospective bidder or oHerwho is aggrieved
<br />in connection with the solicitation or proposed award of a
<br />contract which is less than $1 00,000 may protest 10 the
<br />Director of Purchasing. The protest shall be submitted in
<br />writing within three working days from the time the
<br />recommendation for award is made by a Purchasing
<br />Agent to the Director of Purchasing.
<br />
<br />24. PUBLIC ENTITY CRIMES ACT: In accordance with the
<br />Public Enlity Crimes Act, Section 287.133, Florida Slatutes,
<br />a person or affiliate who is a contractor, consultant or other
<br />- provider who has been placed on the convicted vendor list
<br />following a conviction of a Public Entity Crime may not
<br />submit a bid on a contract to provide any goods or services
<br />to the County, may not submit a bid on a contract with the
<br />County for the construction or repair of a public building or
<br />public work. may not submit bids on leases of real property
<br />to the County, may not be awarded or perfonn work as a
<br />contractor, supplier, subconlractor, or consultant under a
<br />contract with the County. and may not transact any business
<br />with the County in excess of the threshold amount (currently
<br />$15,000) provided in Section 287.017, Florida Statutes, for
<br />category two purChases for a periOd of 36 months from the
<br />date of being placed on the convicted vendor list. Violation
<br />of this section shall result in cancellation of the County
<br />purchase and may result in debarment.
<br />
<br />25. RECYCLED CONTENT INFORMATION: In support of the
<br />Florida waste Management Law, bidders are encouraged to
<br />supply with their bid, any information available regarding
<br />recycled malerial content in the products bid. The County is
<br />particularly interested in the type of recycled material used
<br />(such as paper, plastic, glass, metal, etc.); and the percent-
<br />age of recyded material contained in the product. The
<br />County also requests information regarding any known or
<br />polential material content in l11e product that may be ex-
<br />tracted and recycled after the product has served its in-
<br />lended purpose.
<br />
<br />26. PURCHASE BY OTHER GOVERNMENTAL AGENCIES:
<br />Each Governmental unit which avails itself of this contract
<br />will establish ils own contract, place its own orders, issue its
<br />own purchase orders, be invoiced therefrom and make its
<br />own payments and issue its own exemption certificates as
<br />required by the bidder.
<br />
<br />II is understood and agreed thaI Broward County is not a
<br />legally binding party to any contractual agreemenl made
<br />between any governmental unit and the bidder as a result of
<br />this bid.
<br />
<br />The entire chapter of the Broward County Procurement Code
<br />describing the aforementioned subject mailer can be obtained
<br />from the Purchasing Division's Secretary by calling (954) 357-
<br />6071. You may also view and/or download the Procurement Code
<br />Notices for Bids, Requests for Quotation, Request for Letters of
<br />Interest, structure of the Purchasing Division, telephone direc-
<br />tory, How to do Business with Broward County and Vendor
<br />Registration on the intemet al:
<br />
<br />http://WNw.co.broward.f1.us/purchasing . hIm
<br />
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