|
t
<br />NI
<br />seeking a source of supply for a specified time for materials
<br />or services, the quantities or usage shown are estimated
<br />only. No guarantee or warranty is given or implied by the
<br />County as to the total amount that may or may not be pur-
<br />chased from any resulting contracts. These quantities arefor
<br />bidders information only and will be used for tabulation and
<br />presentation of bid.
<br />1& BID OPENING: Shall be public, on the date and atthetimespeci-
<br />fied on the bid form. All bids received after that time shall be
<br />returned, unopened.
<br />11. ADVERTISING: In submitting a proposal. bidder agrees not to
<br />use the results therefrom as a part of any commercial advertising
<br />without prior approval of Board of County Commissioners.
<br />/2. INSPECTION, ACCEPTANCE & TITLE: Inspection and accep-
<br />tance will be at destination unless otherwise provided. Titleto/or
<br />risk of loss or damage to all items shall be the responsibility of the
<br />successful bidder until acceptance by the buyer unless loss or
<br />damage result from negligence by the buyer.
<br />13. PAYMENT: Payment will be made by the buyer after the items
<br />awarded to a vendor have been received and/or installed, inspec-
<br />ted, and found to comply with award specifications, free of
<br />damage or defect and properly invoiced.
<br />14. CONFLICT OF INTEREST: The award hereunder is subject to
<br />Chapter 112, Florida Statues, which is paraphrased in part as fol-
<br />lows., "....all bidders must disclose with their bid the name of any
<br />officer: director, or agent who is also an employee of Indian River
<br />County. All bidders must disclose the name of any County
<br />employee who owns directly or indirectly an interest of 10% or
<br />more in the bidder's firm or any of its branches..."
<br />HOLD HARMLESS AGREEMENT: Thesuccessful bidderagrees, byac-
<br />ceptingthe award of this bid, to the following: During the term of this bid
<br />the Vendor shall indemnity, hold free and harmless assume legal
<br />liabiffty for and defend the Board of County Commissioners, Vero
<br />Beach, Fla. its agents, servants and employees from any and all costs
<br />and expenses, including but not limited to, attorney's fees, reasonable
<br />investigative and discovery costs, court costs and all other sums with
<br />the Hoard its agents, servants and employees may payor become
<br />obligated to pay on account of any, all and every claim or demand or
<br />assertion or liability. or any claim or action founded thereon, arising or
<br />alleged to have arisen out of the products, goods or services furnished
<br />by the Vendor, the presence or activity of the Vendor, his agents,
<br />servants or employees, or any of this equipment when such persons or
<br />equipment are on premises owned or controlled by the Board for the
<br />purpose or performing services, delivering goods or products, installing
<br />equipment, or otherwise transacting business, whether such claim or
<br />claims, action or actions be for damages, injury to person or property,
<br />inchiding the Board property, or death of any person, made by"any
<br />person, group or organization, whether employed by the Vendor or the
<br />Board or otherwise, or for breach of warranty by Vendor either express
<br />or Implied.
<br />MANUFACTURER'S CERTIFICATION: The Board of County Commis-
<br />sioners reserves the right to request from bidders separate manufac-
<br />turer certification of all statements made in the proposal.
<br />Bidder to complete all of the blank spaces on the proposal pages and
<br />furnish full descriptive literature and color and fabric swatches (where
<br />applicable) for each item bid.
<br />15. DISPUTES: In case of any doubt ordifference of opinion as to the
<br />items furnished hereunder, the decision of the buyer shall be final
<br />and binding on both parties.
<br />LEGAL NAME OF BIDDER
<br />MAILING ADDRESS
<br />CLTY, STATE, ZIP CODE
<br />` a
<br />IS. LEGAL REQUIREMENTS: Federal, State, County, and local
<br />laws. ordinances, rules, and regulations that in any manner affect
<br />the items covered herein apply. Lack of acknowledge by the
<br />bidder will in no way be a cause for relief from responsibility.
<br />17. PATENTS & ROYALTIES: The Bidder without exception, shall
<br />idemnify and save harmless Board of County Commissioners
<br />and Its employees from liability of any natuâ–ºe or kind, including
<br />cost and expenses for or on account of any copyright, patented,
<br />or unpatented invention, process, or article manufactures or
<br />used in the performance of the contract, including its use by
<br />Board of County Commissioners. If the bidder uses any design,
<br />device, or materials covered by letters, patent, or copyright, it is
<br />mutually understood and agreed without exception that the bid
<br />prices shall include all royalties or cost arising from the use of
<br />such design, device, or materials in any way involved in thework.
<br />IS. OSHA: The bidder warrants that the product supplied to The
<br />Board of County Commissioners shall conform in all respects to
<br />the standards set forth in the Occupational Safety and Health Act
<br />of 1970, as amended. and the failure to comply with this condition
<br />will be considered as a breach of contract.
<br />19. SPECIAL CONDITIONS: Any' and all Special Conditions that
<br />may vary from these General Conditions shalt have precedence.
<br />20. ANTI -DISCRIMINATION CLAUSE: The nondiscrimination
<br />clause contained in Section 202, Executive Order 11246. as
<br />amended by Executive Order 11375, relative to Equal
<br />Employment Opportunity for all persons without regard to race,
<br />color religion, sex, or national origin, and the implementating
<br />rules and regulations prescribed by the Security of Labor, are
<br />Incorporated herein.
<br />21. PERFORMANCE SECURITY will be required from the succes-
<br />ful bidder when the award is $10.000 or more. The Performance
<br />Security is required before a purchase order can be mailed. All
<br />Surety Companies are subject to Board approval and may be re-
<br />jected by the Board without cause, in the same manner that bids
<br />may be rejected. If awarded $10.000 or more, the bidder agrees to
<br />furnish a performance bond or check (Cashiers Check, Certified
<br />Check or equal), in the amount of the awarded contract within ten
<br />(10) days of the award date. Performance Security will not be
<br />sybmitted with the bid. Release of the performance bond or
<br />check will be made when all merchandise has been accepted and
<br />invoices have been approved for payment.
<br />22. DEFAULT: In the event that the successful bidder refuses to
<br />accept the purchase order, then he shall pay to the Board as
<br />liquidated damages an amount equal to 25% of the unit price bid
<br />times the quantity or $25.00, whichever is the larger amount. The
<br />bidder in question who fails to pay the penalty within 15 days
<br />after it is invoked shall lose eligibility to transact business with
<br />the Board for a period of one (1) year, after the bid aware date.
<br />23. The Board of County Commissioners may require a "Performan-
<br />ce Bond" for all bids in excess of $10,000 that require installation.
<br />24. Should Bidders desire a tabulation of Bid results a stamped self
<br />addressed envelope with a request for such information must
<br />accompany each bid.
<br />TELEPHONE NUMBER DATE
<br />BY: SIGNATURE (MANUAL):
<br />SIGNATURE (TYPED):
<br />TITLE
<br />Eacksed. Two eopks of proposd; one for bidder's file, one so be completed. signed and returned
<br />Bid Sheets as kbekd (when appUcable) so be executed as Indicated in proposaL
<br />MAR 7 1979
<br />
|