9. Contract Cancellation. Unless otherwise noted, the County of Jefferson retains the right to cancel any contract without cause provided the Vendor is given at least thirty (30) days notice of intent to cancel. This provision should not be understood as waiving the County's righ t to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision.

10. The Successful Bidder agrees to comply with any and all applicable laws, codes, and regulations in connection with the services identified in this solicitation as well as the non-discrimination and employment practices as required by applicable State and Federal laws and regulations regarding employment discrimination. The bidder assures the County that in accordance with applicable law: it does not and agrees that it will not discriminate in any manner on the basis of age, color, creed, national origin, race, religious beliefs, sexual preference or handicap.

11. MATERIAL SAFETY DATA SHEETS

Material safety data sheets, video tapes of training, and any printed safety data shall be delivered to the Jefferson County Safety Officer prior to executing an agreement with the County and shall become the property of Jefferson County. Employers who produce, use or store hazardous chemical at a workplace in such a way that the employees or other employers may be exposed (i.e.: employees of a construction contractor working on site) shall additionally ensure that the hazard communication program developed and implemented include the following:

REFERENCE: OSHA 1910.1220

- A. The methods the employer will use to provide the other employers of any precautionary measures that need to be taken.
- B. The methods the employer will use to inform the other employers of any precautionary measures that need to be taken.
- C. All material safety data sheets shall maintained at the work site.

12. Equivalency. In submitting a proposal, the Bidder is agreeing to provide goods and services consistent with the specifications. Where a brand name or equivalent specification is used in this solicitation, the use of any brand name noted is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition.

A Contract, if awarded, will be on the basis of materials andequipment as described in the Drawings, or the Specifications, and 'or equal' items submitted by the Bidder and accepted by the County. The Bidder may offer 'or equal' items that meet the same performance or reliability standards as specified herein. If the Bidder offers an 'or equal' item, the Bidder must include with the bid package, documentation establishing equality of construction, operation and utility. Said 'or equal' items shall be accepted or rejected based upon the County's evaluation of the submitted documentation. All costs associated with the review of any 'or equal' items prior to recommendation to award, shall be at the Bidder's expense.

If a submitted 'or equal' item is rejected, the Bidders shall be afforded an opportunity to meet with the County to offer additional qualifying opinions and information prior to the County rejecting the bid. The Bidder shall not have the opportunity to submit any alternative materials or equipment after the bids are opened.

The decision to accept or reject an 'or equal' item rests solely with the County. If a substitute 'or equal' item is not accepted by the County, the bid will be deemed non-responsive and the County shall reject this bid. The next lowest responsive bid shall then be reviewed for recommendation of award.

13. Jefferson County may access contract pricing available through New York State contracts, GSA Schedule 70, Schedule 84, and Schedule 1122 contracts, and may 'piggyback' on some contracts let by other municipal governments. If your products or services are offered through one of these sources you may offer the pricing of the alternate contract already in place.

S:\SHARED\BIDS & QUOTES\A-Z Bids & Quotes\BID BOOK BUILDINGS & GROUNDS 2019\BIDS\RFQ #20-068 Overhead Door Inspection & Repairs\RFQ #20-068.docx