06/20/2007 Agreement CleddThe
Circuit Corot Danny L.Kolhage
Once(305)295.3130 Fax(305)295-3663
Memoraru M
To: Dave Koppel,
County Engineer
Attn: Judy Clarke,
Assistant County Engineer.
From: Isabel C.DeSantis, 1�V,Oy1V1./)
Deputy Clerk
Date: Wednesday, June 27, 2007
At the BOCC meeting on June 20, 2007, the Board granted approval of the
following:
--- -- - - -- Resolution No. 207-2007 rescinding Resolution No. 032-2007 and the Joint
Participation Agreement (WA)between Monroe County and Florida Department of
Transportation (FDOT)to provide $750,000 to fund a temporary ferry service to Pigeon
Key and granted approval and authorized execution of an amended JPA between Monroe
County and FDOT.
Enclosed please find four(4)duplicate originals of the above document executed
by Monroe County for your handling. Please be sure that the sets marked Monroe
County Clerk's Office Original and Monroe County Finance Department's Original
are returned to this office as quickly as possible. Should you have any questions, please
do not hesitate to contact this office.
cc: Finance, memo only
County Attorney, memo only
,.-File
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Contract #: A~ I I
CSFA#: 55.023
JOINT PARTICIPATION AGREEMENT
BElWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
THIS AGREEMENT is made and entered into this ,;(. "#-day of \ TUI1 ~ , 2007,
between the State of Florida Department of Transportation, a component agency of the State of
Florida, hereinafter referred to as the 'DEPARTMENT', and Monroe County, a political
subdivision of the State of Florida, hereinafter referred to as the 'COUNTY'.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road 5/
Old Seven-Mile Bridge (hereinafter the 'BRIDGE') from the City of Marathon to Pigeon Key in
Monroe County; and
WHEREAS, the DEPARTMNENT has deemed the BRIDGE structurally unsafe for
pedestrian and vehicular traffic and will close it for upcoming BRIDGE rehabilitation
improvements; and
WHEREAS, upon BRIDGE closure, access to Pigeon Key will be restricted to water-
based methods of transportation; and
WHEREAS, Pigeon Key is presently occupied by the Pigeon Key Foundation, a non-
profit organization devoted to marine education and historic interpretation of the Florida Keys'
heritage; and
WHEREAS, in order to maintain traffic between the City of Marathon and Pigeon Key
to permit the Pigeon Key Foundation to continue its educational and historic functions without
unreasonable interruption throughout BRIDGE rehabilitation, the DEPARTMENT and the
COUNTY have agreed to provide temporary ferry services for the waterborne transport of
passengers and goods, hereinafter referred to as the 'PROJECT', the individual elements of
which are outlined in the attached Exhibit "A", 'Scope of Services', which is herein incorporated
by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 414545-1-58-01, and has agreed to reimburse the COUNTY for
eligible PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit
"B", 'Financial Summary', which is herein incorporated by reference; and
Page 1 of 13
Joint Participation Agreement between the F70rida Department ofTran3portation and Monroe County,
Financial Project Number 414545- J -58-01
WHEREAS, the COUNTY has agreed to administer, supervise and inspect all aspects of
the PROJECT; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes;
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of
this Agreement, as if fully set forth herein.
2. GENERAL REQUIREMENTS
a. The COUNTY shall submit this Agreement to its County Commission for
ratification or approval by resolution. A copy of said resolution is attached
hereto as Exhibit "C", 'Resolution', and is herein incorporated by reference.
b. The COUNTY shall advertise for bid, let the contract, administer, supervise
and inspect all aspects of the PROJECT until completion, and, as further
defined in Exhibit "A", 'Scope of Services'. The COUNTY shall complete the
PROJECT on or before June 30, 2011. All aspects of the PROJECT must be
performed in compliance with all governing laws and ordinances and are
subject to oversight and inspection by the DEPARTMENT, at its sole
discretion.
c. The DEPARTMENT shall reimburse the COUNTY for eligible PROJECT
costs as defined in Exhibit "B", 'Financial Summary', and in accordance with
the financial provisions in Section 3 of this Agreement.
d. The reimbursement of PROJECT costs is contingent upon the COUNTY
maintaining public access to Pigeon Key's Historic District throughout
BRIDGE rehabilitation. Pigeon Key's Historic District is described in the
National Register of Historic Places nomination form (dated 1990) as follows:
"Lot 1 of Section 13 of Township 66, south of Range
31 East, containing 5 31/100 Acres as recorded in OR
15, page 374. Actual acreage will vary as mean high
water mark is re-evaluated every twenty years."
Page 2 of 13
Joint Participation Agreement between the F70nda Department of Transportation and Monroe County,
Financial Project Number 414545- J -58-OJ
3. FINANCIAL PROVISIONS
a. Eligible PROJECT costs may not exceed SEVEN HUNDRED FIFTY
THOUSAND DOLLARS ($750,000.00), as outlined in Exhibit "B",
'Financial Summary'. If additional funding is required, contingent upon
DEPARTMENT approval, a supplemental agreement between the
DEPARTMENT and the COUNTY authorizing the additional funding shall
be executed prior to such costs being incurred.
b. The DEPARTMENT agrees to pay the COUNTY for the herein described
services at a compensation as detailed in this Agreement.
c. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the State Comptroller under
Section 215.422(14), Florida Statutes, or by the Department's Comptroller
under Section 334.044(29), Florida Statutes.
d. Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof
e. Bills for travel expenses specifically authorized in this Agreement shall be
submitted on the DEPARTMENT's Travel Form No. 300-000-01, and will
be paid in accordance with Section 112.061, Florida Statutes.
f Records of costs incurred under the terms of this Agreement shall be
maintained and made available upon request to the DEPARTMENT at all
times during the period of this Agreement and for three years after final
payment is made. Copies of these documents and records shall be furnished to
the DEPARTMENT upon request. Records of costs incurred includes the
COUNTY's general accounting records and the project records, together with
supporting documents and records, of the contractor and all subcontractors
performing work on the project, and all other records of the contractor and
subcontractors considered necessary by the DEPARTMENT for a proper audit
of costs.
g. Nothing in this Agreement shall be construed to violate the provisions of
Section 339.135 (6) (a), Florida Statutes, which provides as follows:
The DEPARTMENT, during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Comptroller of the DEPARTMENT that such funds are available prior to
entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods
Page 3 of 13
Joint Participation Agreement between the F10rida Department afTransportation and Monroe County,
Financial Project Number 414545-1-58-01
exceeding one year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding
fiscal years; and this paragraph shall be incorporated verbatim in all contracts
of the DEPARTMENT which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than one year.
h. The DEPARTMENT's obligation to pay IS contingent upon an annual
appropriation by the Florida Legislature.
4. INDEMNIFICATION
To the extent permitted by Section 768.28, Florida Statutes, the parties agree to
indemnify each other for liability due to any act or omission, neglect or
wrongdoing of a party or any of its officers, agents or employees. Further, the
parties agree to defend each other against any and all such claims or demands
which may be claimed and have arisen as a result of or in connection with the
parties' participation in this Agreement. Nothing contained herein shall be
construed to contradict the provisions of Section 768.28, Florida Statutes, nor
shall this Section be construed to require either party to indemnify the other for
the negligent acts of the other.
5. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
6. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT
and the COUNTY expressed in writing, executed and delivered by each party.
7. INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable,
the remainder of this Agreement shall not be affected thereby, if such remainder
continues to conform to the terms and requirements of applicable law.
8. COMMUNICATIONS
a. All notices, requests, demands, consents, approvals and other communications
which are required to be served or given hereunder, shall be in writing and
hand-delivered or sent by either registered or certified US. mail, return receipt
requested, postage prepaid, addressed to the party to receive such notices as
follows:
To DEPARTMENT: Florida Department of Transportation
Page 4 of 13
Joint Participation Agreement between the F70rida Department of TranspOrtation and Monroe County,
Financial Project Number 414545-1-58-01
1000 Northwest III Avenue, Rm. 611 I-A
Miami, Florida 33172-5800
Attn: Vilma Croft, P.E., FDOT Project Mgr.
Ph: (305) 470-5240; Fax: (305) 470-5205
To COUNTY:
Monroe County
1100 Simonton Street
Key West, Florida 33040
Attn: Judy Steele, P.E., Asst County Engineer
Ph: (305) 295-4329; Fax: (305) 295-4321
b. Either party may, by notice given as aforesaid, change its address for all
subsequent notices. Notices given in compliance with this section shall be
deemed given when placed in the mail.
9. EXPIRATION OF AGREEMENT
The COUNTY agrees to complete the PROJECT on or before June 30, 2011. If
the COUNTY does not complete the PROJECT within this time period, this
Agreement will expire unless an extension of the time period is requested by the
COUNTY and granted in writing by the DEPARTMENT's District Six Secretary
or Designee. Expiration of this Agreement will be considered termination of the
PROJECT.
10. INVOICING
The COUNTY shall submit monthly reimbursement invoices to the
DEPARTMENT for review, approval and processing. The COUNTY must submit
the final invoice on this PROJECT to the DEPARTMENT no later than 120 days
after the expiration of this Agreement (October 28, 2011). Invoices submitted
after October 28,2011, will not be paid.
11. AUDITS
State of Florida Single Audit Act requirements as outlined in the attached Exhibit
"D", 'Audit Reports', are incorporated herein by reference.
12. ENTIRE AGREEMENT
This Joint Participation Agreement is the entire Agreement between the parties
hereto, and it may be modified or amended only by mutual consent of the parties
in writing.
-- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK --
Page 5 of 13
Joint Participation Agreement between the PZorida Department of Transportation and Monroe County,
Financial Project Number 414545-1-58-01
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
BY:
..'
(SEAL)
AtTEST: DANNY L. K~LHAGE, CLERK
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ATTEST:
EXECU
LEGAL REVIEW:
COUNTY ATTORNEY
~u.... --;)'\J.L--~
DISTRICT GENERA COUNSEL
MONROE COUNTY ATTORNEY
. PROVE!;> 1. T F RM:
CYNTHIA L. ALL
ASSISTANT COUNTY ATTORNEY
Date 0(.- 04- 0 '-:j-
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Page 6 of 13
Joint Participation Agreement between the Florida Department afTransportation and Monroe Cormty,
Financial Project Number4/4545-1-58-0J
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EXHIBIT "A"
SCOPE OF SERVICES
To provide temporary ferry services between the City of Marathon and Pigeon Key while the
Old Seven-Mile Bridge (SR 5) is closed for rehabilitation improvements, The COUNTY will let,
administer, supervise and inspect all aspects of the PROJECT. The attached detailed 'Scope of
Services' from the COUNTY's PROJECT Request for Proposals dated May 31,2007, is
incorporated herein by reference,
PROJECT Limits: SR 5/ Old Seven-Mile Bridge from the City of Marathon to Pigeon Key
FDOT Financial Projjlct Number: 414545-1-58-01
County: Monroe
FDOT Project Manager: Vilma Croft, PE
COUNTY Project M~nager: Judy Steele, PE
Page 7 of 13
Joint Participation Agreement between the F10rida Department of Transportation and Monroe County,
Financial Project Number 414545-1-58-01
MONROE COUNTY
REQUEST FOR PROPOSALS
Temporary Ferry Service between Marathon and Pigeon Key
MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Mayor Mario DiGennaro, District 4
Mayor Pro Tern Dixie Spehar, District I
Commissioner George Neugent, District 2
Commissioner Charles "Sonny" McCoy, District 3
Commissioner Sylvia Murphy, District 5
COUNTY ADMINISTRATOR
Thomas J. Willi
DIRECTOR OF OMB
Salvatore Zappulla
CLERK OF THE CIRCUIT COURT
Danny L. Kolhage
May 31, 2007
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
TABLE OF CONTENTS
Proposal Section
Pal!e
Section One - Instruction to Respondents
Section Two - Scope of Services
Section Three - Sample Contract
Section Four - Response Forms
3
12
18
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2
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
SECTION ONE
INSTRUCTION TO RESPONDENTS
1.01 DESCRIPTION
The easternmost portion of the historic Old Seven-Mile Bridge is the primary means of access
between the City of Marathon, Florida and Pigeon Key. The physical condition of the Old
Seven-Mile Bridge has deteriorated and the Florida Department of Transportation (FDOT)
anticipates closing the bridge by mid 2007. Rehabilitation of the bridge is not expected to begin
before 2009.
Pigeon Key Foundation ("Foundation") occupies Pigeon Key. The Foundation is a non-profit
organization devoted to marine education and historic interpretation of the Key's heritage.
Monroe County Board of County Commissioners ("County") and the Foundation consider these
activities as well as other fund raising activities (tourism, festivals, weddings, proms) held at
Pigeon Key to be an important means of providing resources for the operation, maintenance,
preservation and restoration of the Key's historic structures and other facilities.
The County is requesting proposals from qualified respondents to provide temporary ferry
service between the City of Marathon and Pigeon Key for passengers and freight so that
activities at Pigeon Key may continue without unreasonable interruption until the Old Seven-
Mile Bridge connection is restored.
1.02 COPIES OF RFP DOCUMENTS
Only complete sets of Request for Proposal ("RFP") Documents will be issued and shall be used
in preparing responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
Complete sets of RFP Documents may be obtained in the manner and at the location stated in the
Notice of Request for Proposals.
1.03 STATEMENT OF PROPOSAL REQUIREMENTS
See Notice of Request for Proposals.
1.04 DISQUALIFICATION OF RESPONDENTS
A. One Proposal: Only one proposal from an individual, firm, partnership or corporation
under the same or under different names will be considered. In the event evidence is
discovered which indicates a Respondent has interest in more than one proposal for the
work involved, all proposals in which such a Respondent is interested may be rejected.
B. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response
to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Respondents, the bid or proposals of all
3
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
participants is such collusion shall be rejected, and no participants in such collusion will
be considered in future bids for the same work.
C. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid or
proposal on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list. Category Two: $25,000.00
D. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG-FREE WORKPLACE
FORM and submit it with his bid or proposal. Failure to complete this form in every
detail and submit it with your bid or proposal may result in immediate disqualification of
your bid or proposal.
E. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a
proposal or Bid in response to this invitation must execute the enclosed LOBBYING
AND CONFLICT OF INTEREST CLAUSE and submit it with his proposal or Bid.
Failure to complete this form in every detail and submit it with the proposal or Bid may
result in immediate disqualification of the proposal or Bid.
1.05 EXAMINATION OF RFP DOCUMENTS
Each Respondent shall carefully examine the RFP documents, and inform himself thoroughly
regarding any and all conditions and requirements that may in any manner affect cost, progress,
or performance of the work to be performed under the contract. Ignorance on the part of the
Respondent will in no way relieve him of the obligations and responsibilities assumed under the
contract.
Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications,
or should he be in doubt as to their meaning, he shall at once notify the County.
1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received in writing: seven (7) or more days
prior to the date fixed for opening of bids will be given consideration. All such answers, changes
or interpretations will be made in writing in the form of an addendum and, if issued, will be
mailed or sent by available means to all known prospective Respondents prior to the established
bid opening date. Each Respondent shall acknowledge receipt of such addenda in the space
provided therefore in the bid form. In case any Respondent fails to acknowledge receipt of such
addenda or addendum, his bid will nevertheless be construed as though it had been received and
acknowledged and the submission of his bid will constitute acknowledgment of the receipt of
same. All addenda are a part of the contract documents and each Respondent will be bound by
4
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
such addenda, whether or not received by him. It is the responsibility of each Respondent to
verify that he has received all addenda issued before bids are opened.
1.07 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying with all
federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the
work. The Respondent shall include in his bid prices all sales, consumer, use, and other taxes
required to be paid in accordance with the law of the State of Florida and the County of Monroe.
Monroe County Bacc is tax exempt from all local, state, and federal sales taxes.
1.08 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the Proposal forms in the space
provided for the signature. If the Respondent is an individual, the words "doing business as
", or "Sole Proprietor" must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the firm name and the words
"Member of the Firm" should be written beneath such signature. If the Respondent is a
corporation, the title of the officer signing the proposal on behalf of the corporation must be
stated along with the Corporation Seal Stamp and evidence of his authority to sign the proposal
must be submitted. The Respondent shall state in the proposal the name and address of each
person interested therein.
Basis for Bidding: The price bid for each item shall be according to the proposal form. The bid
prices shall remain unchanged for the duration of the contract and no claims for cost escalation
during the progress of the work will be considered.
1.09 SUBMISSION OF RESPONSES
Two (2) signed originals and six (6) copies of the proposal shall be submitted. The proposal shall
be submitted in a sealed envelope, clearly marked on the outside with the Respondent's name
and "Proposal Statement - Temporary Ferry Service between the City of Marathon and
Pigeon Key". The envelope must be addressed to Monroe County Purchasing Department, 1100
Simonton Street, Room 1-213, Key West, Florida 33040, and must be received on or before 3:00
P.M local time on July 3, 2007. lfsent by mail or by courier, the above-mentioned envelope shall
be enclosed in another envelope addressed to the entity and address stated in the Notice of
Request for Proposals. Faxed or emailed proposals shall be automatically rejected. Responses
will be received until the date and hour stated in the Notice of Request for Proposals.
Each Respondent shall submit with his proposal the required evidence of his qualifications and
expenence.
1.10 CONTENT OF SUBMISSION
Proposals shall be organized as indicated below. The Respondent should not withhold any
information from the written response in anticipation of presenting the information orally or in a
demonstration. Each Respondent must submit adequate documentation to certify the
5
RFP For Temporary Ferry Service Between the City or Marathon and Pigeon Key
Respondent's compliance with the County's requirements. Respondent should focus specifically
on the information requested.
The following information, at a minimum, shall be included:
1. Cover Page
A cover page that states "PROPOSAL STATEMENT - TEMPORARY FERRY SERVICE
BETWEEN THE CITY OF MARATHON AND PIGEON KEY". The cover page should
contain the Respondent's name, address, telephone number, and the name of the Respondent's
contact person.
2. Relevant Experience
The Respondent shall provide a project history of the firm that demonstrates its experience
performing marine passenger and goods transportation services similar to those described in this
RFP. The project history should include descriptions of historical or current services provided,
dates and location of services, and ridership numbers on all services cited.
a) Describe current and past relevant experience including the number of years the entity has been
operating and, if different, the number of years it has been providing the services called for in
this RFP;
b) The Respondent shall provide a list of past clients that includes the following infonnation:
Name and full address
Name and telephone number of client contact
Date of initiation and completion of contract
Summary of the services and area served.
c) Credit references. Include sufficient financial information such as audited financial statements
for the County to determine that the Respondent has the financial capability to provide the
serVIces.
3. Services to be Provided
A. Description of Services to Be Provided
Include a description of all services to be provided, in accordance with the service
requirements detailed in Section Two of this RFP. The Respondent must include an
operating plan that documents, in addition to other requirements, the Respondent's ability
to safely and reliably operate the required services and containing the following:
Vessels: Description of vessel types, seating capacity, number of vessels, vessel
speeds, description of passenger amenities on vessels, and vessel specifications
demonstrating a capacity to dock at existing landing facilities at Pigeon Key and
proposed landing facilities within the City of Marathon. Include an explanation of
whether required vessels are currently in the Respondent's possession, their current
use, or how they will be acquired. Provide proof that all vessels meet all United States
6
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
Coast Guard and other pennitting requirements.
Proposed Landing Facility: Identify the location of the proposed landing facility and
the travel time to Pigeon Key. If any modifications to landing facilities would be
required, they should be explained in detail. Any modifications would be subject to
the County's approval and would be the responsibility of the Respondent. All costs
shall be included in this proposal.
Service Schedules: Provide schedules for ferry services, demonstrating a
commitment to meet service requirements stated in Section Two.
Staffing Commitment: Provide number of staff to be committed to providing each
service, staff hours, level of experience, and assignments of each staff member.
Service Disruption Contingency Plan: Explain how service will be provided in the
event of service disruptions, equipment failures, or breakdowns.
Passenger Service Plan: Describe capabilities to handle customer relations and
complaints, marketing of services, and printing notices announcing service and
schedule changes for public distribution.
B. Timeframe for Implementing Services
Provide a detailed schedule for implementing all services by required Revenue
Operations Date (ROD), including acquisition of all vessels, equipment, personnel and
training as required.
4. Costs and Revenue
Responses shall provide a single estimated monthly cost for the provision of all services
described in this RFP. The estimated monthly cost should include all costs necessary to
provide all services, including, but not limited to, all vessels, vehicles, operations,
supplies, equipment, staffing, insurance, administrative costs and profit. The fee should
also include the cost of any required modifications to landing facilities and other start up
costs.
Respondents shall identify revenue sources to fund the monthly cost identified above.
Revenue sources include the funding provided by the Florida Department of
Transportation (FDOT) and user fees. User fees shall not apply to educational groups and
Foundation staff. The Respondent shall show the revenue in a monthly amount.
An example cost/revenue worksheet is attached (pg. 28 of this RFP).
5. Litigation
Answer the following questions regarding claims and suits:
a). Has the Respondent ever failed to complete work or provide the goods for which it has
contracted? (lfyes, provide details.)
7
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
b). Are there any judgments, claims, arbitration proceeding or suits pending or outstanding
against the Respondent, or its officers or general partners? (If yes, provide details.)
c). Has the Respondent, within the last five (5) years, been a party to any lawsuit or arbitration
with regard to a contract for services similar to those requested in the RFP? (If yes, the
Respondent shall provide a history of any past or pending claims and litigation in which the
Respondent is involved as a result of the provision of the same or similar services which are
requested or described herein.)
d). Has the Respondent ever initiated litigation against the County or been sued by the County in
connection with a contract to provide services? (If yes, provide details.)
6. County Forms and Licenses - Respondent shall complete and execute the following
forms:
Form
Submission Response Form (Including
Acknowledgment of Bid Addenda)
Lobbying and Conflict ofInterest Clause
Non-Collusion Affidavit
Drug Free Workplace Form
Bidder's Insurance Statement
Insurance Agent's Statement
Pal!e
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29
30
31
32
33
Respondent should include copies of all professional licenses, Monroe County Occupational
License, evidence of Respondent's qualifications to do business in Monroe County, and any
other applicable State, County and/or Local licenses.
1.11 WITHDRAWAL OF BID
Any proposal may be withdrawn prior to the time scheduled in the Notice of Request for
Proposals for the opening thereof. All other proposals received must remain valid for a period of
ninety (90) days.
1.12 MODIFICATION OF PROPOSALS
Written proposal modification will be accepted from Respondents if addressed to the entity and
address indicated in the Notice of Request for Proposals and received prior to response due date
and time. The modification shall be submitted in a sealed envelope clearly marked on the
outside, with the Respondent's name and "Modification to Proposal Statement - Temporary
Ferry Service between the City of Marathon and Pigeon Key". If sent by mail or by courier,
the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and
address stated in the Notice of Request for Proposals. Faxed or emailed modifications will be
automatically rejected.
1.13 RECEIPT AND OPENING OF PROPOSALS
Proposals will be received until the designated time and will be publicly opened and read aloud
at the appointed time and place stated in the Notice of Request for Proposals. Monroe County's
8
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
representative authorized to open the proposals will decide when the specified time has arrived
and no proposals received thereafter will be considered. No responsibility will be attached to
anyone for the premature opening of a proposal not properly addressed and identified.
Respondents or their authorized agents are invited to be present.
1.14 AWARDOFCONTRACT
The County reserves the right to reject any or all proposals, or any part of any proposals, to
waive any informality in any proposal, or to re-advertise for all or part of the work contemplated.
Ifproposals are found to be acceptable by the County, written notice will be given to the selected
Respondent of the acceptance of his proposal and of the award of the contract to him.
[fthe award of the contract is annulled, the County may award the contract to another
Respondent or the work may be re-advertised or may be performed by other qualified personnel
as the County decides.
The contract will be awarded to the Respondent whose proposal and qualifications are deemed to
provide the best services, based on qualifications and monetary benefit to the County, and other
aspects of the operations related to service to the public.
The County also reserves the right to reject the bid of a Respondent who has previously failed to
perform properly or to complete contracts of a similar nature on time.
All proposals, including the recommendation of the County Administrator and the requesting
Department Head, will be presented to the Board of County Commissioners of Monroe County,
Florida, for final awarding or otherwise.
1.15 EXECUTION OF CONTRACT
The Respondent to whom a contract is awarded will be required to negotiate specific details of a
contract incorporating the items in the proposal which are the basis for the award of contract.
The Respondent shall return to the County four (4) executed counterparts of the prescribed
contract together with the required certificates of insurance. A sample contract is provided
herein, but is expected to be modified to correspond to the elements of the selected proposal.
1.16 CERTIFICATE OF INSURANCE
The Respondent shall be responsible for all necessary insurance coverage as indicated below.
Certificate of Insurance must be provided to Monroe County within fifteen days after award of
contract, with Monroe County BOCC, The State of Florida and the Florida Department of
Transportation listed as additional insureds on all coverages except Workers Compensation. If
the proper insurance forms are not received within the fifteen day period, the contract may be
awarded to the next selected Respondent. Policies shall be written by companies licensed to do
business in the State of Florida and having an agent for service of process in the State of Florida.
Companies shall have an AM Best rating of VI or better.
Worker's Compensation
Employers' Liability Insurance
Statutory Limits
$1,000,000 Accident
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
$1,000,000 Disease, policy limits
$1,000,000 Disease, each employee
Jones Act Coverage
$1,000,000 per occurrence
Vehicle Liability
(Owned, non-owned and hired vehicles)
$1,000,000 per occurrence
$1,000,000 combined single limit
General Liability, including
Premises/Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Employee Dishonesty Coverage
(Required only if the respondent collects
a fee on behalf of the County and is obligated
to pass these funds on to the County)
$1,000,000 combined single limit
$10,000 per Occurrence
Garage Keepers Legal Liability
(required only if respondent provides
valet parking service as part of activities.)
$1,000,000 Combined Single Limit
Water Craft Liability
$1,000,000 times maximum
passenger rating
(50 passengers - $50,000,000 limit)
Pollution Liability Insurance
$1,000,000 per occurrence
$2,000,000 aggregate
1.17 INDEMNIFICATION
The Respondent to whom a contract is awarded shall defend, indemnify and hold hannless the
County, the State of Florida and the Florida Department of Transportation as outlined below.
The Contractor covenants and agrees to indemnify, hold harmless and defend Monroe County,
its commissioners, officers, employees, agents and servants, the State of Florida and the Florida
Department of Transportation from any and all claims for bodily injury, including death,
personal injury, and property damage, including damage to property owned by Monroe County,
the State of Florida and the Florida Department of Transportation and any other losses, damages,
and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of,
in connection with, or by reason of services provided by the Contractor or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Contractor, its Subcontractor(s) in any tier, their officers, employees, servants or
agents.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that Contractor shall hold the County harmless and shall indemnity it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement. This indemnification shall survive the expiration or
earlier termination of the contract.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
SECTION TWO
SCOPE OF SERVICES
A summary of key dates associated with this RFP are as follows:
June 1,2007 ..............Release of Request for Proposals
July 3, 2007 ...............Proposals Due
July 18, 2007..............Notice of Award
July 23, 2007 .............Notice to Proceed
August I, 2007 ........ Start of Revenue Operations (ROD)
2.01 SERVICE TIME FRAME
The required start date for revenue operations service is August I, 2007. Service provided shall
be for an initial period extending to June 30, 2008, and thenceforth renewing for up to four six-
month periods at the County's sole option. At the end of the initial period and each subsequent
renewal period, and upon 30 days notice to the Respondent, the County may terminate this
service without penalty.
2.02 SERVICE REQUIREMENTS
A. Ferry Service Requirements
The successful respondent shall enter into an agreement with the County to provide ferry service
as well as manage and maintain landside facilities necessary to operate the service. The service
shall consist of two components, passenger transport and goods transport, as described below.
The Respondent shall be responsible for providing all staffing, vessels, and associated equipment
and services necessary to operate the service.
I. Passenger Transport
The Respondent shall provide for the safe, reliable and comfortable transport of
passengers between proposed landing facilities within the City of Marathon, to be
identified by the Respondent, and on Pigeon Key consistent with the functional
requirements described within this section. Base service will be provided daily between
the hours of 10 AM and 4 PM at headways no greater than 90 minutes supplying a
functional capacity of 22 passengers per 90 minute interval in each direction (plus two
additional round trips operated within 90 minutes before and after the hours of lOAM
and 4 PM for staff access, as noted below). Other passenger service will be provided in
accordance with the functional requirements of this section. Respondents are encouraged
to propose a base service, supplemented by a minimal number of on-demand trips that
would consolidate ferry trips in a cost-effective manner and shall not, in the sole opinion
of the County, unreasonably disrupt Foundation operations.
a. Educational Groups
The Foundation provides educational programs year-round on a prearranged basis.
There are typically 85 educational groups per year, ranging in size from IS to 70
persons per group. Access to Pigeon Key for educational groups is presently provided
by two vans operated as needed and a tram-service operated on a fixed schedule by
Foundation staff. At present, many groups are school groups that arrive and depart
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
during the school day, while others may arrive and depart outside of school hours
(including weekends) and may stay overnight on Pigeon Key. Contractor will move
the entire educational group at one time using several vessels if required. Educational
groups will not be charged a user fee for ferry service.
b. Historic Tours
The Foundation provides historic tours for the general public every day of the year.
There are on average 16 persons daily on historic tours with a recorded high of 50
persons on one day. Contractor will provide service to Pigeon Key on a 90 minute
fixed schedule between 10 am and 4 pm daily.
c. Arts Festival
The Foundation hosts an annual three-day Arts Festival. The volume of persons
traveling to Pigeon Key for historic tours and other functions typically increases
during the Festival up to 2,000 daily trips. Scheduled ferry service shall be provided
during the Arts Festival with sufficient capacity such that the maximum wait for any
individual will be 30 minutes prior to boarding. Methods for regulating traffic and
managing crowd control during the Arts Festival, such as timed boarding passes,
shall be addressed specifically in the Respondent's operating plan.
d. Contracted Functions
The Foundation contracts for weddings, proms, retreats and other group use of Pigeon
Key facilities on a prearranged basis throughout the year. Retreat groups typically
involve 15 to 70 persons. Wedding and proms typically involve 50 to 200 persons.
Retreat groups stay overnight on Pigeon Key. Contracted functions may involve
transport of equipment (tents, tables, chairs) the day before or the day of the function
(caterers), and return on the day after, as well as guest transport the day ofthe
function. The contractor will be able to transport up to 200 people within a 90 minute
timeframe using several vessels if required. A minimum of30 calendar days advance
notice will be provided for contracted functions.
e. Guest House Use
The Foundation provides overnight use of the Guest House on Pigeon Key on a
prearranged basis throughout the year. The Guest House is typically occupied 250
nights a year by groups of up to eight persons. Every effort should be made to
accommodate these trips within the base service in a manner that shall not, in the sole
opinion of the County, unreasonably disrupt Foundation operations.
f. Foundation Staff
Staff presently arrive and depart Pigeon Key on irregular schedules. Up to five staff
members remain in residence on Pigeon Key. Staff access will be accommodated
within the base service in a manner that shall not, in the sole opinion of the County,
unreasonably disrupt Foundation operations. The contractor will operate two
additional round trips operated within 90 minutes before and after the hours of lOam
and 4 pm for staff access. Foundation staff will not be charged a user fee for ferry
servIce.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
g. Emergency Access
The Respondent will indicate the timeframe in which it can respond to unscheduled,
on-demand service for evacuation of up to six persons from Pigeon Key to Marathon
whenever people are occupying Pigeon Key.
2. Goods Transport
The Respondent shall provide all labor and equipment necessary for the safe, reliable
and environmentally secure transport, loading and off-loading of goods between
proposed landing facilities in the City of Marathon, to be identified by the Respondent,
and the existing landing facilities at Pigeon Key consistent with the functional
requirements described within this section. Prospective Respondents will provide for
goods movements using the scheduled base service, supplemented by a minimal number
of additional trips that would consolidate ferry trips in a cost-effective manner that shall
not, in the sole opinion of the County, unreasonably disrupt Foundation operations.
a. Consumables
Foundation operations require regular delivery of diesel and propane fuel, food, and
other consumables to Pigeon Key and the removal of trash, garbage and other rubbish
to Marathon on a regular basis.
Diesel fuel is presently conveyed to Pigeon Key in 250-gallon increments by pick-up
truck as often as three days per week when groups are in residence and no less than
twice weekly. The diesel tank located on Pigeon Key is a 500 gallon tank. The
Respondent will be responsible for transporting the diesel fuel to Pigeon Key and
providing all labor and equipment to offload the fuel from the ferry to the 500 gallon
tank. Fuel transport and offloading must be performed in compliance with all local,
state and federal laws.
Propane is currently delivered once a week in tanks that are off-loaded from a pick up
truck. The volume of food delivery varies in proportion to the number of
persons/groups occupying Pigeon Key and deliveries are typically required every
other day.
Pigeon Key Foundation will reimburse the contractor for the cost of diesel fuel and
propane, at the actual cost with no mark up. Contractor's monthly cost estimate
should include cost for transporting and offloading fuel only.
The volume of trash, garbage and other rubbish likewise varies in proportion to the
number of persons/groups occupying Pigeon Key and may be required by demand to
be removed as often as daily, but no less than weekly. The contractor must provide
garbage dumpsters at the Marathon landing facilities. The cost for garbage pick up by
a refuse hauler at landside facility will be paid by Pigeon Key and should not be
included in monthly ferry costs.
Fuel, trash, garbage and rubbish may not be transported on the same ferry trip as
passengers. If the Respondent intends to transport fuel, trash, garbage and rubbish on
the same vessel used for passengers when passengers are not present, proposed
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
methods for effective vermin control and cleaning prior to reuse of the vessel by
passengers shall be specifically addressed in the Respondent's operating plan.
b. Other Material
The Foundation requires delivery of other materials as needed to support operational,
maintenance and facility restoration activities. Special delivery requirements
associated with the Arts Festival and contracted functions also require delivery of
tents, tables, chairs and other similar material and catering supplies on the prior to
events and the removal of the same the day after the event. These requirements will
be identified to the Respondent by the Foundation no less than 30 days prior to the
event. Requests by the Foundation for the transport of other material shall be
accommodated by the Respondent in a manner that shall not, in the sole opinion of
the County, unreasonably disrupt Foundation operations.
c. Special Equipment
The Respondent will provide for transport of bobcats and backhoes (I,700 Ibs) to
repair island facilities during post-hurricane event periods.
B. Vessel Requirements
Vessels to be used by the Respondent shall be compatible with the proposed landing facilities in
the City of Marathon, which will be identified by the Respondent, and existing facilities on
Pigeon Key. If the Respondent chooses to suggest modifications to any landing facilities, those
modifications should be explained in detail in the proposal and all associated costs should be
included in the cost proposal.
Any vessel to be used in passenger and/or goods transport must carry a valid Guard Certificate of
Inspection from the United States Coast Guard and comply with all safety and accessibility laws,
regulations, and requirements pertaining to the transport of passengers and goods, as applicable
to the intended use of each vessel in the Respondent's operating plan. Vessels must be equipped
to safely and efficiently operate year round in the navigational and weather environment ofthe
Florida Keys, including, but not limited to, dense fog, high wind, squalls, heavy rain, sea state
and heavy vessel traffic conditions.
The Respondent must, at all times, utilize vessels that offer clean, neatly furnished and
heated inside accommodations with clean restroom facilities, good lighting, waste
receptacles, and an audible public address system.
C. Docking and Operations Requirements
The County will provide for access and use to existing landing facilities on Pigeon Key to be
used by the Respondent. Respondent will identify landing facilities within the City of Marathon
that will be used. If additional landing facilities or modifications to existing landing facilities are
deemed necessary by the Respondent to operate the services, they shall be provided by the
Respondent and should be included in its proposal. All associated costs should be included in the
Respondent's cost proposal. All modifications to landing facilities will be subject to approval by
the County. Proposed landing facilities must have parking for a minimum of 15 vehicles to
accommodate daily island visitors. Respondents must also identify proposed parking for large
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
events such as the Arts Festival.
2.03 OPERATIONAL REQUIREMENTS
The Respondent's ferry operation is subject to all regular operating permits and license
requirements of the United States Department of Transportation and Coast Guard, as well as the
Florida Department of Transportation, including any associated fees. The Respondent is required
to prepare and follow an operational plan approved by the County. The vessels and associated
equipment to be used in this service, as well as the operational plan, shall be subject to approval
by the County. At a minimum, this plan shall address docking, vessel operations, passenger
and/or goods boarding and discharge plan, emergency procedures, and a projection for the length
of the contract of the Respondent's capability to maintain the vessels and the crew in a
satisfactory passenger transportation operational condition.
The Respondent shall maintain zero-tolerance policy for drug and alcohol abuse for all
employees directly involved in the provision of services under this agreement. The Respondent
will provide a program of random drug and alcohol testing for the duration of this agreement
consistent with the requirements of the Federal Transit Administration.
2.04 PERFORMANCE MEASURES
The Respondent's operating plan shall define a combination of proposed scheduled and
unscheduled trips anticipated to be operated in a typical week for the maintenance of traffic. A
trip transporting passenger(s) may be considered a minor violation of on-time performance if it
either: a) arrives at or departs from Pigeon Key more than 5 minutes late but less than 10 minutes
late; or b) arrives at or departs from Marathon more than 5 minutes late but less than 10 minutes
late. All other trips may be considered a minor violation of on-time performance if it either a)
arrives at or departs from Pigeon Key more than 15 minutes late but less than 30 minutes late;
or b) arrives at or departs from Marathon more than 15 minutes late but less than 30 minutes
late. Each trip may be considered a major violation of on-time performance if its arrival or
departure is in excess of these times up to one hour. Each trip arriving at its destination more
than one hour late may be considered a single incident of a missed trip.
The Respondent shall provide for the payment of liquidated damages for each instance of
violation of on-time performance or a missed trip identified by the County in accordance with
the following schedule:
. $1,000 per missed trip
. $250 per instance of major lateness
. $50 per instance of minor lateness
· $250 per day per vessel for a violation of the passenger service standards.
Violations include, but are not limited to, untidy vessels, inadequate safety appliances, an
uncomfortable passenger environment, an inaudible or improperly used public address
system, or discourteous crew behavior.
The Respondent shall not be liable for liquidated damages for either late or missed trips in
instances caused by factors strictly beyond the control of the Respondent, such as docking
facility failure, schedule modifications approved by the County, heavy fog, requirements of the
Vessel Traffic Service and Coast Guard, law enforcement actions, medical emergencies and
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
rescue operations. In any event, every effort should be made to maintain safe on-time
performance.
However, in no circumstances shall the failure of lack of availability of the Respondent's
equipment or crews, or any other such circumstances within the Respondent's control, be
an acceptable excuse for late or missed trips.
2.05 REPORTING REQUIREMENTS
The Respondent shall provide detailed daily and monthly reports with accurate information on
the ridership, departure time, and arrival time for each trip. These reports shall identifY any late
or missed trips. Reports shall be submitted by fax and email in a format acceptable to the
County. Daily reports are due by noon the following day, and monthly reports are due by the 5th
day of the following month.
2.06 SUSPENSION OF SERVICE
The Respondent shall suspend all services in the event that the Foundation suspends
activities on a temporary or permanent basis. The County, at its sole discretion, will
determine which days the Foundation is or is not active.
The Respondent shall be compensated only for services actually provides on days which the
Foundation is active. The value of days in which service is suspended shall be calculated on
a pro-rated basis from an annual accumulation of monthly fees. The Foundation,
Department and County are not responsible for Respondent costs incurred or revenues lost
by the interruption of service and/or suspension and restart of services.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
SECTION THREE
SAMPLE CONTRACT
THIS AGREEMENT, made and entered into this day of ,2007, A.D., by and
between MONROE COUNTY, FLORIDA (hereinafter sometimes called the "County" and
"County"), and (hereinafter called the "Contractor").
WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follow:
LOI THE CONTRACT
The contract between the County and the contractor, of which this agreement is a part, consists
of the contract documents.
1.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the RFP, and any addenda issued hereafter,
any other amendments hereto executed by the parties hereafter, together with the bid proposal
and all required insurance documentation.
2.0 SCOPE OF THE WORK
The Contractor shall provide ferry services between the City of Marathon and Pigeon Key as
specified in Exhibit A of this agreement.
3.0 THE CONTRACT SUM
The County shall pay to the Contractor for the faithful performance of said service on a per
month in arrears basis on or before the last day of the following month in each of six (6) months.
The Contractor shall provide the County with documentation to support the income earned by the
Contractor from the services provided, to which shall be applied the rates set forth in Exhibit A
of this agreement.
4.0 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. All contract documents have been read and carefully considered by the Contractor, who
understands the same and agrees to their sufficiency for the work to be done. Under no
circumstances, conditions, or situations shall this Contract be more strongly construed
against the County than against the Contractor.
B. Any ambiguity or uncertainty in the contract documents shall be interpreted and construed
by the County, and his decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by the County of any of the services furnished by
the Contractor shall not operate as a waiver by the County of strict compliance with the
tenns of this Contract and contract documents covering the services. Failure on the part of
the Contractor, immediately after Notice to Correct shall entitle the County, ifit sees fit, to
correct the same and recover the reasonable cost of such replacement and/or repair from the
Contractor, who shall in any event be jointly and severally liable to the County for all
damage, loss, and expense caused to the County by reason of the Contractor's breach of this
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
Contract and/or his failure to comply strictly and in all things with this Contract and with the
contract documents.
5.0 TERM OF CONTRACT/RENEWAL
A. This contract shall be for a period of eleven (II) months, commencing
terminating , 2008.
, 2007 and
B. The County shall have the option to renew this agreement after the first term of eleven
months, and each succeeding term, for four additional six-month periods. The Contract
amount agreed to herein may be adjusted only by written addendum hereto executed by both
parties.
6.0 HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners, the State of Florida, and the Florida Department of Transportation from
any and all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services
provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the
negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in
any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnifY the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
7.0 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County. No
statement contained in this agreement shall be construed so as to find the contractor or any of
his/her employees, contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
8.0 ASSURANCE AGAINST DISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. County or Contractor agree to
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: I) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and II) any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
9.0 ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for Monroe
County and Contractor, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any obligation upon the Board in addition to the total
agreed-upon price of the services/goods of the Contractor.
10.0 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to tenninate this contract immediately upon delivery of written notice of
termination to the contractor. The Contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
11.0 INSURANCE
Prior to execution of this agreement, the contractor shall furnish the County Certificates of
Insurance indicating the following minimum coverages:
Worker's Compensation
Employers' Liability Insurance
Statutory Limits
$1,000,000 Accident
$1,000,000 Disease, policy limits
$1,000,000 Disease, each employee
Jones Act Coverage
$1,000,000 per occurrence
Vehicle Liability
(Owned, non-owned and hired vehicles)
$1,000,000 per occurrence
$1,000,000 combined single limit
General Liability, including
Premises/Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$1,000,000 combined single limit
Employee Dishonesty Coverage
(Required only if the respondent coHects
a fee on behalf of the County and is obligated
to pass these funds on to the County)
$10,000 per Occurrence
Garage Keepers Legal Liability
(required only ifrespondent provides
valet parking service as part of activities.)
$1,000,000 Combined Single Limit
Water Craft Liability
$1,000,000 times maximum
passenger rating
(50 passengers - $50,000,000 limit)
PoHution Liability Insurance
$1,000,000 per occurrence
$2,000,000 aggregate
12.0 PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance of the activities
encompassed by the project herein described, subject to the terms and conditions set forth in
these contract documents The Contractor shaH at aH times exercise independent, professional
judgment and shaH assume professional responsibility for the services to be provided. Continued
funding by the County is contingent upon retention of appropriate local, state, and/or federal
certification and/or licensure of contractor.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
13.0 NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
For the County:
Monroe County Administrator
I 100 Simonton Street
Key West, FL 33040
and
Monroe County Attorney
P. O. Box 1026
Key West, FL 33041-1026
F or the Contractor:
14.0 CANCELLATION
The County may cancel this contract for cause with thirty (30) days notice to the contractor.
Cause shall constitute a breach of the obligations of the Contractor to perform the services
enumerated as the Contractor's obligations under this contract. Either of the parties hereto may
cancel this agreement without cause by giving the other party ninety (90) days written notice of
its intention to do so.
15.0 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES:
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Contractor agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
The County and Contractor agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding.
a) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining tenn, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions
and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
prOVISIOn.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
b) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause
of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation ofthis Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
c) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
16.0 RECORDS.
Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives shall have reasonable
and timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to Contractor.
17.0 BINDING EFFECT.
The tenns, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the County and Contractor and their respective legal representatives, successors, and
assigns.
18.0 AUTHORITY.
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
19.0 COVENANT OF NO INTEREST. County and Contractor covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any manner
or degree with its performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
20.0 CODE OF ETHICS. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
23
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Kev
acceptance of gifts; doing business with one's County; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
21.0 NO SOLICIT A TION/PA YMENT. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
22.0 PUBLIC ACCESS. The County and Contractor shall allow and penn it reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this Agreement; and the County shall have the right
to unilaterally cancel this Agreement upon violation of this provision by Contractor.
23.0 NON-WAIVER OF IMMUNITY. Notwithstanding he provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Contractor in this Agreement and the acquisition
of any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the County be required to contain any
provision for waiver.
24.0 PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
25.0 LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent pennitted by the Florida
constitution, state statute, and case law.
26.0 NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the tenns, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and the Contractor agree that neither the County nor the Contractor or any agent,
24
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
officer, or employee of either shall have the authority to infonn, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
27.0 ATTESTATIONS. Contractor agrees to execute such documents as the County may
reasonably require, including an Ethics Statement, and a Drug-Free Workplace Statement.
28.0 PUBLIC ENTITIES CRIMES.
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on contracts to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CA TEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
By signing this Agreement, the Contractor represents that the execution of this Agreement will
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this
section shall result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debannent from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no determination,
based on an audit, that it or any subconsultant has committed an act defined by Section 287.133,
Florida Statutes, as a "public entity crime" and that it has not been formally charged with
committing an act defined as a "public entity crime" regardless of the amount of money involved
or whether Contractor has been placed on the convicted vendor list.
The Contractor will promptly notify the County if it or any subcontractor or subconsultant
is formally charged with an act defined as a "public entity crime" or has been placed on the
convicted vendor list.
29.0 NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
30.0 EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by singing any such counterpart.
31.0 SECTION HEADINGS. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
25
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
By:
Deputy Clerk
Mayor/Chairman
(SEAL)
Attest:
By:
CONTRACTOR
By:
WITNESS
Title:
Title:
By:
WITNESS
Title:
26
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
SECTION FOUR: RESPONSE FORMS
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
cIa PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I have read the RFP and all exhibits hereto, and agree to the terms and conditions set forth.
I acknowledge receipt of Addenda No.(s)
I have responded to all of the information requested in Section 1.10 Content of Submission
o CoverPage_____
o Relevant Experience _
o Services to be Provided
o Costs and Revenue
o Litigation _____
I have included:
o Lobbying and Conflict of Interest Clause _
o Non-Collusion Affidavit
o Drug Free Workplace Form _
o Respondent's Insurance and Indemnification Statement _____
o Insurance Agent's Statement_____
o Professional and Occupational Licenses
I have included a current copy of the following professional and occupational licenses:
(Check mark items above. as a reminder that thev are included.)
Mailing Address:
Telephone:
Fax:
Date:
Signed:
Witness:
(Seal)
(Name)
(Title)
27
COST/REVENUE WORKSHEET
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
MONTHL Y EXPENSES
Total Estimated Monthly Cost
ANNUAL REVENUE
FDOT Grant
User Fees:
annual users @
annual users @
annual users @
per person
per person
per person
Total Annual Revenue $
Total Estimated Monthly Revenue (Annual Revenue -;- 12 months) $
Note: Total monthly revenue should equal or exceed total monthly cost
28
AMOUNT
$
$
$
$
$
$
$
$
$250,000
$
$
$
RFP For Temporary Ferry Seryice Between the City of Marathon and Pigeon Key
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision
the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,
deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee".
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
(name of affiant). He/She is personally
known to me or has produced
as
identification. (type of identification)
NOTARY PUBLIC
My commission expires:
29
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
NON-COLLUSION AFFIDAVIT
I, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1. lam
of the firm of
the bidder making the Proposal for the project described in the Request for
Qualifications for:
and that I executed the said proposal with full authority to do so,
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition,
as to any matter relating to such prices with any other bidder or with any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by
the bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor;
4. No attempt has been made or will be made b the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
(Signature of Respondent)
(Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the
space provided above on this _ day of 20_.
NOTARY PUBLIC
My Commission Expires:
30
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Respondent's Signature
Date
NOTARY PUBLIC
My Commission Expires:
31
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
Respondent's Insurance and Indemnification Statement
Required Coveral!e
Worker's Compensation
Employers' Liability Insurance
Required Limits
Statutory Limits
$1,000,000 Accident
$1,000,000 Disease, policy limits
$1,000,000 Disease, each employee
Jones Act Coverage
$1,000,000 per occurrence
Vehicle Liability
(Owned, non-owned and hired vehicles)
$1,000,000 per occurrence
$1,000,000 combined single limit
General Liability, including
Premises/Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$1,000,000 combined single limit
Employee Dishonesty Coverage
(Required only if the respondent collects
a fee on behalf of the County and is obligated
to pass these funds on to the County)
$10,000 per Occurrence
Garage Keepers Legal Liability
(required only if respondent provides
valet parking service as part of activities.)
$1,000,000 Combined Single Limit
Water Craft Liability
$1,000,000 times maximum
passenger rating
(50 passengers - $50,000,000 limit)
Pollution Liability Insurance
$1,000,000 per occurrence
$2,000,000 aggregate
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all
the requirements.
Respondent
Signature
32
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are _Occurrence
Claims Made
Insurance Agency
Signature
Print Name:
33
EXHmIT "B"
FINANCIAL SUMMARY
PROJECT services detailed in Exhibit "A", 'Scope of Services', are eligible for reimbursement
using DEPARTMENT funding as below-defined:
The DEPARTMENT's current Adopted Work Program allocates the following funding,
programmed under Financial Project Number 414545-1-58-01, for PROJECT completion:
Fiscal Year:
Amount:
Fund Tvoe:
2006/07
$750.000.00
District Dedicated Revenue (DDR)
DEPARTMENT Financial Contribution (Maximum Limiting Amount):
$750,000.00
Total PROJECT Cost Estimate:
$750,000.00
Page 8 of 13
Joint Participation Agreement between the Florida Department ofTransponation and Monroe County,
Financial Project Number 414545-1-58-01
RESOLUTION NO. 207 - 2007
"EXHIBIT C"
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING THE JOINT PARTICIPATION
AGREEMENT BETWEEN FLORIDA DEPARTMENT
OF TRANSPORTATION AND MONROE COUNTY,
FLORIDA TO PROVIDE TEMPORARY FERRY
SERVICES BETWEEN THE CITY OF MARATHON,
FLORIDA AND PIGEON KEY DURING THE
REHABILITATION OF THE STATE ROAD S/OLD
SEVEN-MILE BRIDGE.
WHEREAS, the Florida Department of Transportation (the "Department") has
jurisdiction and maintains the State Road 5/Old Seven-Mile Bridge (the "Bridge") from the City
of Marathon to Pigeon Key in Monroe County, Florida; and
WHEREAS, the Department has deemed the bridge structurally unsafe for pedestrian
and vehicular traffic and will close it for upcoming bridge rehabilitation improvements (the
"Project"); and
WHEREAS, upon Bridge closure for rehabilitation, access to Pigeon Key will be
restricted to water-based methods of transportation; and
WHEREAS, in order to maintain traffic between the City of Marathon and Pigeon Key,
the Department and Monroe County (the "County") have agreed to provide temporary ferry
services for the waterborne transport of passengers and goods; and
WHEREAS, the Department has progranuned funding for the Project and has agreed to
reimburse the County for eligible Project costs up to a maximum amount; and
WHEREAS, the County has agreed to administer, supervise and inspect all aspects of
the Project; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida, that:
SECTION I: The Joint Participation Agreement Between the State of Florida
Department of Transportation and Monroe County, Florida is
hereby approved.
SECTION 2: Upon execution, this Resolution shall be marked as "Exhibit C"
and made a part of the Joint Participation Agreement.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the 20th day of June, A.D., 2007.
Mayor Mario DiGennaro
Mayor Pro Tern Dixie Spehar
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Sylvia Murphy
Yes
Yes
Yes
Yes
Yes
(SEAL)
ATTEST: Danny 1. Kolhage, CLERK.
By: J.haJ4C. ~~
Deputy Cle
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MONROE COUNTY ATTORNEY
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ASSISTANT COUNTY ATTORNEY
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EXHIBIT "D"
AUDIT REPORTS
The administration of resources awarded by the Department to MONROE COUNTY may be subject to audits and/or
monitoring by the Department, as described in this section. For further gnidance, see the Executive Office of the
Governor website, which can be found at: www.fssa.state.fl.us.
MONITORING
In addition to reviews of audits conducted in accordance withOMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be lintited to, on-site visits by
Department staff, lintited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department deterntines that a lintited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instrnctions provided by
the Department staff to MONROE COUNTY regarding such audit. MONROE COUNTY further agrees to comply
and coopemte with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer
(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-
133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or progmm-specific audit conducted in accordance with the provisions of OMB Circular
A- 133, as revised. EXHIBIT I to this agreement indicates Federal resources awarded through the
Department by this agreement. In determining the Fedeml awards expended in its fiscal year, the recipient
shall consider all sources of Federal awards, including Federal resources received from the Department. The
determination of amounts of Federal awards expended should be in accordance with the gnidelines
established by OMB Circular A- 133, as revised. An audit of the recipient conducted by the Auditor General
in accordance with the provisions OMB Circular A-133, as revised, will meet the reqnirements of this part.
2. In counection with the audit reqnirements addressed in Part I, paragmph 1., the recipient shall fulfill the
reqnirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not reqnired. In the event !bat the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from
non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from
other than Federal entities).
4. Federal awards are to be identified nsing the Catalog of Federal Domestic Assistance (CFDA) title and
number. award number and year, and name of the awarding federal agency.
PART ll: STATE FUNDED
Page 10 of 13
Joint Participation Agreement between the Florida Department of Transportation and Monroe County,
Financial Project Number 414545-1.58.01
Recipients of state funds (Le. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits
done annually using the following criteria:
I. In the event that the recipient expends a total amoWlt of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of
the Governor and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial
assistance awarded through the Departutent by this agreement. In determining the state financial assistance
expended in its fiscal year, the recipient sball consider all sources of state financial assistance, including state
financial assistance received from the Departutent, other state agencies, and other nonstate entities. State
financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate
entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part n, paragraph I, the recipient shall ensure !bat the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state fmancial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be
paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSF A) title and number,
award number and year, and name of the state agency awarding it.
PART ill: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on andit findings. Preparation of a summary schedule
of prior year audit findings, including corrective action and current status of the audit findings is required.
Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained Wltil the action is completed
or the dispnte is resolved. Access to project records and audit work papers sball be given to the FOOT, the
Comptroller, and the Auditor General. This section does not limit the authority of the Departutent to conduct or
arrange for the conduct of additioual audits or evaluations of state financial assistance or limit the anthority of
any other state official.
Page 11 of 13
Joint Participation Agreement between the Florida Department of Transportation and Monroe County,
Financial Project Number 414545-1-58-01
PART IV: REPORT SUBMISSION
I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement shaIl be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on be\lalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest III Avenue
Miami, Florida 33172
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(I) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB
Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and
conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the
Department for reasons pursuant to section .320 (e)(2), OMB CircuJar A-133, as revised, the recipient shall
submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited
schedule of expenditures of Federal awards directlv to each of the following:
Florida Department of Transpottation
1000 Northwest III Avenue
Miami, Florida 33172
In addition, pursuant to Section .320 (t), OMB Circular A-133, as revised, the recipient shall submit a copy of
the reporting package desctibed in Section .320 (c), OMB CircuJar A-133, as revised, and any management
letters issued by the auditor, to the Department at each of the following addresses:
Florida Department of Transpottation
1000 Northwest III Avenue
Miami, Florida 33172
3. Copies of financial reporting packages required by PART IT of this agreement shall be submitted by or on
behalf of the recipient directlv to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transpottation
1000 Northwest III Avenue
Miami, Florida 33172
B. The Auditor General's Office at the following address:
Page 12 of 13
Joint Participation Agreement between the Florida Department of Transportation and Monroe County,
FinancjalProject Number 414545-1-58-01
Auditor General's Office
Room 401, Pepper Buildiug
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on
behalf of the recipient directlv to:
A. The Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest III Avenue
Miami, Florida 33172
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to
this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered
to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
I. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of at least five years from the date the audit report is issued, and sball allow the Department, or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that
the independent audit workjng papers are made available to the Department, or its designee, the state CFO, or
Auditor General upon request for a period of at least five years from the date the audit report is issued, unless
extended in writing by the Department.
Page 13 of 13
Joint Participation Agreement between the Florida Department afTransportation and Monroe County,
Financial Project Number 414545~1.58-OJ