Item I6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2012 Division: Growth Management
Bulls Item: Yes _ No X Department: Planning & Environmental Resource
Staff Contact Person: Christine Hurlev Michael Roberts
(305) 289-2500 (305)_289- 2502
AGENDA ITEM WORDING: Discussion regarding issuing a Request for Proposals for a contractor to
provide In Lieu Fee (ILF) compensatory mitigation for wetland impacts in the Keys in accordance with Federal
mitigation guidelines and to establish a Regional Offsite Mitigation Area (ROMA) to meet State mitigation
requirements.
ITEM BACKGROUND: In January, 2012 the BOCC directed staff to prepare a RFP seeking professional
services to prepare the necessary documentation and provide the required services to permit and operate an In -
Lieu Fee (ILF) mitigation program to provide compensatory mitigation for wetland impacts in the Florida Keys.
This request was initiated as a result of requests from the U.S. Army Corps of Engineers (Corps) and the South
Florida Water Management District for the County to evaluate mitigation options to potentially replace, or
sponsor, the Keys Environmental Restoration Fund (KERF). Staff has prepared the RFP, however we have been
notified by the Corps that Audubon of Florida has elected to end their management of KERF and that a non-
profit group (Coastal Resources Group (CRG)) has approached the Corps to discuss assuming the management
and operation of the Fund. The Corps has indicated that CRG has the professional expertise to operate the
mitigation program and the Corps intends to work with this group to facilitate their adoption of the program.
CRG has indicated that they intent to submit the outstanding documentation (referred to as the Prospectus)
required to demonstrate compliance with the Federal mitigation guidelines by the end of September. The Corps
has requested Environmental Resources staff to participate on the Inter -agency Review Team (MT) for the
review and approval of the Prospectus and staff has agreed to participate. The Corps has assured Monroe
County that it is their intention to work with CRG in hopes that the Fund can be assumed and can continue to
provide mitigation opportunities to the residents of Monroe County. They have further assured us that it is their
intent to facilitate the review of CRGs prospectus to ensure that there will not be a gap where mitigation is not
available. While this addresses the availability of federally required mitigation, it would not address mitigation
needs for impacts requiring mitigation by the Florida Department of Environmental Protection or the South
Florida Water Management District. In short — this would meet the mitigation requirements for boat docks on
canals (which do not require FDEP permits), but not for docks or homes that did require an FDEP or SFWMD
permit. In order to provide for State required mitigation, it would still be necessary to prepare a Memorandum of
Agreement with the SFWMD to establish a Regional Off -site Mitigation Area (ROMA).
PREVIOUS RELEVANT COMMISSION ACTION: Direction to prepare RFP — January 21, 2012
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Staff recommends that the advertisement for the RFP for professional services be
delayed until the Corps and IRT have evaluated the Prospectus from CRG and determined whether or not they meet the
requirements of the Federal mitigation guidelines.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH: N/A Year
APPROVED BY: County Attorney OMB / Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM 9
County of Monroe
Growth Management Division
Department of Environmental Resources
Suite #420
2798 Overseas Highway
Marathon FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
We strive to be caring, professional and fair
MEMORANDUM
DATE: JULY 17, 2012
TO: CHRISTINE HURLEY
FROM: MIKE ROBERTS
Board of County Commissioners
Mayor David Rice, Dist., 4
Mayor Pro Tern Kim Wigington, Dist. 1
Heather Carruthers, Dist. 3
George Neugent, Dist. 2
Sylvia J. Murphy, Dist. 5
SUBJECT: KEYS ENVIRONMENTAL RESTORATION FUND (KERF) AND WETLAND
MITIGATION OPTIONS FOR MONROE COUNTY
As you will recall, at the January 20, 2012 meeting, the Board of County Commissioners directed staff to
proceed with the preparation of an RFP/SOQ for a Consultant to prepare permit documents and provide
mitigation services for wetland restoration and/or enhancement in accordance with Alternative Number 4:
"County MOA and ILF includes a 3rd Party Mitigation Provider KERF or other TBD ".
Staff has prepared the draft RFP, however since the meeting date Monroe County has been advised by
the U.S. Army Corps of Engineers and the Florida Audubon Society that Audubon has no further interest
in maintaining the Keys Environmental Trust Fund (KERF) and that they will not seek to extend the fund
beyond the expiration date of July 2013. In addition, Staff has been informed that Coastal Resources
Group, Inc. (CRG) has entered into discussions with Audubon to develop a plan whereby CRG would
assume the management of the Fund, bring the Fund into compliance with the Federal ILF requirements
and continue to provide mitigation for Federally regulated wetland impacts in the Keys. This would
address the Federal mitigation issue, but would not address mitigation needs for impacts requiring
mitigation by the Florida Department of Environmental Protection or the South Florida Water
Management District. In short — this would meet the mitigation requirements for boat docks on canals
(which do not require FDEP permits), but not for docks, seawalls or homes that did require an FDEP or
SFWMD permit.
In order to provide for State required mitigation, it would still be necessary to prepare a Memorandum of
Agreement with the SFWMD to establish a Regional Off -site Mitigation Area (ROMA).
Based on the information provided by CRG, it appears that the County may be able to work directly with
CRG in their pursuit of a ROMA. This would necessitate some funding by the County, but would likely
provide considerable savings over the originally approved budget of $170,000
MONROE COUNTY, FLORIDA
REQUEST FOR PROPOSALS
FOR
GIONAL OFFSITE MITIGATION AREA
(ROMA) MEMORANDUM OF AGREEMENT
(MOA) AND IN -LIEU FEE (ILF) INSTRUMENT
RFP # GMD-###-###-2012-PUR/CV
BOARD OF COUNTY COMMISSIONERS
Mayor, David Rice, District 4
Mayor Pro Tem, Kim Wigington, District 1
Heather Carruthers, District 3
George Neugent, District 2
Sylvia Murphy, District 5
COUNTY ADMINISTRATOR GROWTH MANAGEMENT DIRECTOR
ROMAN GASTESI CHRISTINE HURLEY
April 20, 2012
Prepared By:
ENVIRONMENTAL RESOURCES SENIOR ADMINISTRATOR
MICHAEL ROBERTS
W:\GROWTH MANAGEMENTWCC\GMD Agenda Items\2012\September 21, 2012\Permission to advertise mitigation
rfp\draft roma ilf rfp.docx 5/21/2012 4:27 PM
SECTION ONE: INSTRUCTION TO RESPONDENTS
1.01 GENERAL DESCRIPTION OF SERVICES
The Board of County Commissioners of Monroe County, Florida, (hereinafter "County") is seeking
proposals from respondents (hereinafter "Contractor" or "Organization" or "Respondent") to provide
consulting and ecosystem restoration services for the preparation of a Memorandum of Agreement
(MOA) between Monroe County and the South Florida Water Management District (SFWMD) for the
creation of a Regional Offsite Mitigation Area (ROMA) and the preparation of an In -Lieu Fee
mitigation Instrument through the U.S. Army Corps of Engineers to provide mitigation for wetland
impacts throughout the Florida Keys. Respondents may submit proposals offering to:
1) Provide the above Consulting services in order to finalize SFWMD/ACOE approvals for
Florida Audubon's Keys Environmental Restoration Fund (KERF) or,
2) Design, permit and operate regional off -site mitigation areas in the Florida Keys under an
approved ROMA/MOA and In -Lieu Fee instrument
1.02 OBJECTIVE OF THE REQUEST FOR PROPOSALS
In 1981 an Environmental Mitigation Trust Fund was established as a result of a Federal case
involving wetland impacts. The Fund is administered by the Audubon Society and overseen by the
U.S. Army Corps of Engineers (ACOE). This Fund is known as the Keys Environmental Restoration
Fund (KERF) and payment to KERF by permit applicants has been accepted by the ACOE and the
Florida Department of Environmental Protection (DEP) as mitigation for wetland impacts associated
with land development activities, including docks and seawalls.
KERF was informed by the ACOE that it does not meet the minimum criteria contained in the Final
Compensatory Mitigation Regulations and it must meet the standards provided in the regulations by
June of 2013 in order to continue to provide mitigation for development in conjunction with ACOE
dredge and fill permits. FDEP and the SFWMD have also stated that KERF must come into
compliance with State requirements regulating a ROMA in order to continue to provide mitigation for
impacts regulated under Chapter 373 Florida Statutes.
Due to the uncertainty of KERF's future ability to provide a mitigation option to the residents of
Monroe County, the U.S. Army Corps of Engineers has encouraged the County to independently
pursue an In -Lieu Fee program, or to assist KERF in gaining compliance with the Federal Rule. In
addition to this request, FDEP and the SFWMD have asked the County to evaluate the possibility of
acting as a sponsor for a ROMA in accordance with State statutes governing off -site mitigation
programs.
This RFP is requesting proposals for a Consultant to:
• prepare and file an application with the South Florida Water Management District (SFWMD)
to create & operate a Regional Off -site Mitigation Area (ROMA) and prepare a MOA in
accordance with State statutes (373.4135, F.S.).
• prepare and file with the U.S. Army Corps of Engineers (ACOE) a Prospectus in accordance
with 33 CFR 332.
K.
• Coordinate with SFWMD, ACOE and the Interagency Review Team (IRT) as necessary to gain
approval of the ROMA MOA and the Draft Instrument.
• Upon approval of the Prospectus by the ACOE and IRT, prepare a draft mitigation Instrument
• Design, permit and construct the mitigation areas in accordance with the ROMA/MOA and ILF
Instrument
• Maintain (or fund the maintenance of) the land until final success is achieved
• Fulfill regulatory reporting responsibilities
• Market and sell mitigation credits
• Establish a long term land acquisition and management fund
• Provide a Revenue Proposal including timing and magnitude of payments to Monroe County.
Revenue may be based on percentage of gross sales, guaranteed payments or any other
options/mechanisms which provide the largest dollar amount of revenue and the quickest
period of recovery of County's cost.
Respondents may propose to conduct the above Services in conjunction with Audubon of Florida to
gain final State and Federal approvals for KERF, or may propose to provide the Services separately
from Audubon.
As noted above, the respondent may, at their discretion, specify that Keys Environmental Restoration
Fund (KERF) would be establishing, implementing, and monitoring the mitigation areas, and would be
responsible for meeting both the state and federal requirements of full cost accounting and other
technical documentation requirements. If the respondent includes KERF as the mitigation contractor,
the Response Package must include a draft Contract between respondent and KERF that stipulates the
performance criteria that will be required of the provider as well as the criteria spelled out in the rules
referred to above.
1.03 PROPOSAL SUBMISSION REQUIREMENTS
A. All proposals must be received by the Monroe County Purchasing Office, 1100 Simonton
Street, Room 1-213, Key West, Florida 33040, on or before 3:00 p.m. on Two (2)
signed originals and four (4) complete copies of each proposal shall be submitted in a sealed
envelope marked on the outside, "Sealed Proposal for REGIONAL OFFSITE MITIGATION
AREA (ROMA) MEMORANDUM OF AGREEMENT (MOA) AND IN -LIEU FEE (ILF)
INSTRUMENT".
B. All submissions must remain valid for a period of one hundred and twenty (120) days from
the date of the deadline for submission indicated above. The Board will automatically reject
the response of any person or affiliate who appears on the convicted vendor list prepared by
the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida
Statute (1997). The Board reserves the right to reject any or all proposals, to waive
informalities in the proposals and to re -advertise for proposals. The Board also reserves the
right to separately accept or reject any item or items of a proposal and to award and/or
negotiate a contract in the best interest of the County.
C. The County reserves the right to reject any and all responses and to waive technical errors and
irregularities as may be deemed best for the interests of the County. Responses which contain
modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions
not requested or irregularities of any kind, or which do not comply in every respect with the
Instruction to Respondents, and the contract documents, may be rejected at the option of the
County.
1.04 DISQUALIFICATION OF RESPONDENTS
Failure to complete these forms in every detail and submit them with your Response may result in
immediate disqualification of your Response.
A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this
invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is discovered
that collusion exists among the Respondents, the proposals of all participants in such
collusion shall be rejected, and no participants in such collusion will be considered in future
bids for the same work.
B. 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 proposal on a
contract to provide any goods or services to a public entity, may not submit a proposal on a
contract with a public entity for the construction or repair of a public building or public
work, may not submit Proposals on leases or perform work as a contractor, supplier,
subcontractor, or CONTRACTOR 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
C. 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.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or
proposal in response to this invitation must execute the enclosed LOBBYING AND
CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to
complete this form in every detail and submit it with the bid or proposal may result in
immediate disqualification of the bid or proposal.
1.05 EXAMINATION OF RFP DOCUMENTS
A. Each Respondent shall carefully examine the RFP (Request for Proposals) and other contract
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.
B. 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.
4
1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the RFP documents. Any
inquiry or request for interpretation received ten (10) or more days prior to the date fixed for opening
of proposals will be given consideration. All such changes or interpretation 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 proposal opening date. Each Respondent shall
acknowledge receipt of such addenda in the space provided therefore in the Response Form. In case
any Respondent fails to acknowledge receipt of such addenda or addendum, his response will
nevertheless be construed as though it had been received and acknowledged and the submission of his
response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract
documents and each Respondent will be bound by 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
Responses are opened.
Requests for additional information must be in writing and should be directed to Michael Roberts,
Senior Administrator, Monroe County Environmental Resources Office Suite 400, 2798 Overseas
Hwy., Marathon, Florida 33050; 305/292-2356 (fax). All such requests must be received at least ten
(10) days prior to the time set for the proposal submission and will be answered in writing to all
potential Respondents who have requested a copy of this package, at least five (5) days prior to the
time set for the proposal submission. Respondents may not request nor rely upon any verbal
representations concerning these specifications.
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.
1.08 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space provided for
the signature. If the Respondent is an individual, the words "doing business as ", or
"Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at
least one of the partners must follow the partnership's 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
response the name and address of each person interested therein.
1.09 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the response, regardless
of whether a contract award is made by the County.
1.10 COPIES OF REQUEST FOR PROPOSAL DOCUMENTS
A. Only complete sets of Request for Proposal 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.
5
B. Complete sets of Request for Proposal documents may be obtained in the manner and at the
locations stated in the Notice of Request for Proposals.
1.11 CONTENT OF PROPOSAL
The proposal package submitted in response to this Request for Proposals (RFP) shall be typed on 8-
1/2" x 11" white paper and bound; shall be clear and concise and provide the information requested
herein. Statements submitted without the required information will not be considered. Proposals shall
be organized and sections tabbed. The Respondent should not withhold any information from the
written response in anticipation of presenting the information orally or in a demonstration, since oral
presentations or demonstrations may not be solicited. Each Respondent must submit adequate
documentation to certify the Respondent's compliance with the County's requirements. Respondent
should focus specifically on the information requested. Additional information, unless specifically
relevant, may distract rather than add to the Respondent's overall evaluation.
The response, at a minimum, shall include the following:
A. Cover Page
A cover page that reads "Proposal for REGIONAL OFFSITE MITIGATION AREA
(ROMA) MEMORANDUM OF AGREEMENT (MOA) AND IN -LIEU FEE (ILF)
INSTRUMENT". The cover page should contain Respondent's name, address,
telephone number, and the name of the Respondent's contact person.
B. Tabbed Sections
Tab 1. Respondent's approach to this project.
I. Provide a description of the project approach, including: a statement that reflects a clear
understanding of project needs based on the Objective (Sec.1.02) above, and a business
plan that details the approach.
II. Provide a - budget, including primary funding sources. Describe how the Contractor plans
to generate/identify primary funding for the services, and any other potential funding
sources, including mitigation payments.
Tab 2. Past Performance and Qualifications
I. Record of performance and professional accomplishments including: a description of
similar work completed by the Respondent, any current contracts for similar work, any
outstanding accomplishments of the Respondent, and any outstanding accomplishments of
the Respondent that relate directly to this type of work.
II. Technical, educational, and training experience of the Respondent and/or assigned staff, if
the Respondent and/or any of the assigned staff are located in Monroe County, if they have
familiarity with the ecosystems of the Florida Keys, and if they have any related
experience.
III. A list of equipment/facilities/personnel that will be made available in the performance of
the project.
IV. A list of sub -contractors that may be used, in what capacity they will be used, their location,
and their experience as related to the project and familiarity with the wetlands and aquatic
resources of the Florida Keys.
Tab 3. References
Each Respondent shall provide at least five (5) references for which the Respondent has provided
the same or similar services during the past three (3) years. It is preferred that the references are
from state or local governments, but private industry clients may also be used as references. Each
reference shall include, at a minimum:
Name and full address of reference organization
Name of Contact person for contract
Telephone number(s)
Date of initiation of contract with reference
Brief summary comparing the referenced services to these proposed services
Tab 4. Staffing
a. Respondent shall include a list of the proposed key staff positions that will provide the work
required if awarded this contract.
b. If particular staff with certifications and qualifications directly related to this proposal are to be
used for the performance of services under the contract, if awarded, specify the names, job
titles, and qualifications of said personnel.
Tab 5. Respondent's Background Information.
Each submittal must include the following information:
a. a list of the Respondent's shareholders with 5% or more of the stock, or, if a general
partnership, a list of the general partners; or, if a limited partnership, a list of the members.
b. a list of the officers and directors of the Respondent.
c. the number of years the Respondent has been in business, and, if different, the number of years
the Respondent has provided the type of services requested.
d. the number of years the Respondent has operated under its present name and the number of
years the business has operated under any other name, and such names under which it has
operated.
e. Provide information regarding any professional or operational permits and licenses held by
your organization or key staff. Also, provide here information about the Respondent's
membership, or individual memberships, in any state or national organization that may be
relevant.
f. Financial statement(s)
Tab 6. Litigation
I. Has the respondent ever failed to complete work or provide the goods for which it has
contracted? (If yes, provide details.)
7
II. 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.)
III. Has the respondent, within the last five (5) years, been a party to any lawsuit or arbitration
with regard to a contract for services, goods or construction 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.)
IV. Has the respondent ever initiated litigation against the County or been sued by the County
in connection with a contract to provide services, goods or construction services? (If yes,
provide details.)
V. Whether, within the last (5) years, an officer, general partner, controlling shareholder or
major creditor of the respondent was an officer, general partner, controlling shareholder or
major creditor of any other entity that failed to perform services or furnish goods similar to
those sought in the request for proposals.
Tab 7. County Forms and Licenses.
Respondent shall complete and execute the forms specified below and found in Section Three of
this RFP, as well as copies of all professional and occupational licenses:
I. Response Form
II. Lobbying and Conflict of Interest Clause
III. Non -Collusion Affidavit
IV. Drug Free Workplace Form
V. Public Entity Crime Statement
VI. Insurance and Indemnification Statement
1.12 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and announced at the
appointed time and place stated in the Notice of Request for Proposal. Monroe County's
representative authorized to open the responses will decide when the specified time has arrived and no
responses received thereafter will be considered. No responsibility will be attached to anyone for the
premature opening of a response not properly addressed and identified. Respondents, or their
authorized agents, are invited to be present.
1.13 PROPOSAL EVALUATION AND SELECTION PROCESS
Proposals will be evaluated and selected at a publicly -noticed meeting by a Selection Committee
composed of the Monroe County Environmental Resources Senior Administrator, the Monroe County
Growth Management Division Director, and the Monroe County Planning & Environmental Resources
Department Senior Director (or their designees). An additional person may be appointed by the
County Administrator. The Selection Committee will evaluate the proposals based on the following
criteria:
1
Proposed project approach and business plan
15
2
Record of performance and general business experience of the Respondent
15
3
Technical experience, education and training of the Respondent
10
4
Equipment. facilities, and personnel to be used for the project
10
5
Familiarity of the Respondent and/or sub -consultants with mitigation banks and/or
Regional Offsite Mitigation Areas
20
6
Familiarity with the project area, and location of Respondent and/or sub -consultants
within the Keys
15
7
Proposed revenue strategy to the County
15
The Selection Committee will rank the proposals in order of preference and make a recommendation to
the County Commission to negotiate a contract with the selected Respondent(s). Should the County
Commission so direct, and a mutually satisfactory agreement cannot be reached between staff and the
first recommended Respondent(s), staff may negotiate with the next preferred Respondent(s) and so
forth. When staff has agreed with the Contractor(s) upon a mutually satisfactory contract, the contract
will be brought before the County Commission for final approval. No binding contract is created
between any Respondent and the County until a contract is approved by the County Commission.
1.14 AWARD OF CONTRACT
A. Due to the nature of the project, the County reserves the right to refine/complete the Contract based
on proposal responses and the direction of the Board of County Commissioners. The County, upon
selection of respondent/s and approval of the Board of County Commissioners, will negotiate with
the Contractor to further develop the Contract.
B. If the award of a 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.
C. A Contract will be awarded to the Respondent deemed to provide the services which are in the best
interest of the County, considering cost, qualifications, funding acquisition, and other factors
deemed relevant.
D. The County also reserves the right to reject the response of a Respondent who has previously failed
to perform properly or to complete contracts of a similar nature on time.
E. The recommendations of the County Administrator or his designee, will be presented to the Board
of County Commissioners of Monroe County, Florida, for final awarding or otherwise.
F. .
E
1.15 CERTIFICATE OF INSURANCE
The Contractor will be responsible for all necessary insurance coverage for the contracted services as
detailed in Section Four: Insurance Requirements. Certificates of Insurance must be provided to
Monroe County within fifteen (15) days after award of Contract, with Monroe County BOCC listed as
an additional insured on all except Workers Compensation. If the proper insurance forms are not
received within the fifteen (15) days, the Contract may be awarded to the next selected Respondent.
H
SECTION TWO: DRAFT CONTRACT
REGIONAL OFFSITE MITIGATION AREA (ROMA) MEMORANDUM OF
AGREEMENT (MOA) AND IN -LIEU FEE (ILF) INSTRUMENT
THIS AGREEMENT (Agreement) is entered into this day of , 20_, by
and between the Board of County Commissioners of Monroe County, Florida (hereafter "County" or
"Board") whose address is 1100 Simonton Street, Key West, Florida 33040, and
(hereafter
"Contractor") whose address is
WHEREAS, the County has certain objectives as directed and established by the Board of County
Commissioners, and which are consistent with, and supportive of, Federal and State regulations
regarding wetlands and other surface waters; and
WHEREAS, it has been determined that it is in the best interest of the property owners of the County
that a reasonable alternative to on -site mitigation for wetland impacts remains available; and
WHEREAS, Contractor desires to perform such services;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as
follows:
I. TERM OF AGREEMENT:
This agreement shall be effective on the date above, for a period of years. The term of this
agreement shall be renewable in accordance with Section V.
II. AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS.
The County, in consideration of the Contractor substantially and satisfactorily performing and carrying
out the objectives of the County as to providing the services described in Exhibit A, shall pay to the
Contractor the sum of DOLLARS ($ ) for the development and approval of
the ROMA/MOA and the ILF Instrument.
Payment will be made according to the Local Government Prompt Payment Act. Any request for
payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in
detail the services performed, the payment amount requested, and supporting documentation.
Monroe County's performance and obligation to pay under this contract, is contingent upon an annual
appropriation by the Board of County Commissioners.
The Contractor must furnish to the County the following (prior to the payment of any invoices, items
(a) through (h) must be provided):
(a) IRS Letter of Determination indicating 501(c)(3) status (if awarded Contractor is a non-profit);
(b) List of the Organization's Board of Directors. For each board member please indicate when
elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) IRS Form 990 from most recent fiscal year (if applicable) for all organizations;
(e) Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers;
(f) Organization's Policies and Procedures Manual which must include hiring policies for all staff,
drug and alcohol free workplace provisions, and equal employment opportunity provisions;
(g) Cooperation with County monitoring visits that the County may request during the contract year;
and
(h) Other reasonable reports and information related to compliance with applicable laws, contract
provisions and the scope of services that the County may request during the contract year.
III. SCOPE OF SERVICES:
A detailed Scope of Services is attached as Exhibit A.
IV. PAYMENT TO COUNTY:
Contractor shall re-imburse this amount to the County as provided in Proposal Response (Attached as
Exhibit A)
V. RENEWAL:
The County shall have the option to renew this agreement after the original term, for one additional
two-year period.
VI. CONTRACTOR'S LICENSE:
The Contractor shall secure, maintain and pay for any permits and licenses necessary to provide the
contracted services. It is the Contractor's responsibility to maintain all permits and licenses that may
be required.
By signature hereon, the Contractor warrants that it is authorized by law to engage in the performance
of the activities herein described, subject to the terms and conditions set forth in these contract
documents. Proof of such licenses and approvals shall be submitted to the County upon request. The
Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and
approvals required to conduct its business, and that it will at all times conduct its business activities in
a reputable manner.
VII. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be
independent contractors in their performance of the work contemplated hereunder. As such, the
Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges of
County employees. The provider shall at all times exercise independent, professional judgment and
shall assume professional responsibility for the services to be provided.
V III. STAFFING:
12
Since this contract is a service agreement, staffing is of paramount importance. Contractor shall
provide services using the following standards, as a minimum requirement:
A. The Contractor shall provide at its own expense all necessary personnel to provide the
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County.
B. All personnel engaged in performing services under this contract shall be fully qualified,
and, if required, to be authorized or permitted under State and local law to perform such
services.
IX. INDEMNIFICATION REQUIREMENTS:
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
CONTRACTOR covenants and agrees that he shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect
to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of
CONTRACTOR or any of its employees, agents, contractors in any tier or other invitees during the
term of this Agreement, (B) the negligence or willful misconduct of CONTRACTOR or any of its
employees, agents, contractors in any tier or other invitees, or (C) CONTRACTOR'S default in respect
of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the
claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or
sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees,
agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of
action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the
term of this Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event the work under this Agreement 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.
X. DONATIONS AND GRANTS:
The Contractor shall issue receipts, keep appropriate records, and account separately for all donations
and grants received by Contractor. Said donations and grants shall be used by Contractor only for the
benefit of the service to be provided and may only be applied to the organization's operational mission
within Monroe County. In the case of donations solicited by third parties on behalf of the Contractor,
the donating entity must make its financial records pertaining to the donated funds available to
representatives of the Contractor and the County during regular business hours (Monday through
Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all monies collected on
behalf of the Contractor are in fact donated to the Contractor for the acquisition, enhancement or
management of wetlands and other surface waters in the Florida Keys. If a prospective donating entity
13
is unwilling or unable to comply with the foregoing requirement, then the Contractor may not accept
any donations from that entity.
XI. NON-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 comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) 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 11) any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
XII. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING:
Contractor shall keep and 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 five (5) years following the termination of this Agreement. If an
auditor employed by the County or Clerk determines that monies paid to the 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.
In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by
an independent Certified Public Accountant; said audit shall conform to generally accepted auditing
standards and shall be submitted to the County within one hundred twenty (120) days following the
close of the Contractor's fiscal year.
The Contractor shall also allow the County to inspect the Contractor's facilities, equipment, vehicles or
vessels at any reasonable time.
XIII. PUBLIC RECORDS:
14
The Contractor shall comply with the Public Records laws of the State of Florida, subject to any
provisions providing exemption from disclosure.
XIV. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the County of any defect in the services furnished by the
Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this
Contract, and specifications covering the services. Any Contractor breach of this agreement shall be
governed by the article below on termination for cause.
The Contractor agrees that the County Administrator may designate representatives to visit any
facilities or offices utilized by the Contractor periodically to inspect Contractor's maintenance of
vessels and equipment. The Contractor agrees that the County Administrator may designate
representatives to visit the facilities or offices periodically to conduct random open file evaluations
during the Contractor's normal business hours.
XV. TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor with written
notice of termination at least sixty (60) days prior to the date of termination.
XVI. TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the performance
of any of its obligations under this agreement.
XVII. ASSIGNMENT:
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 of 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
additional obligation upon the board.
XVIII. COMPLIANCE WITH LAW:
In providing all services pursuant to this agreement, the Contractor shall abide by all statutes,
ordinances, rules and regulations 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 terminate
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.
XIX. DISCLOSURE, CONFLICT OF INTEREST, AND CODE OF ETHICS:
15
A. The Contractor represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect.
112.311, et. seq., Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall
notify the County of any financial interest it may have in any and all contracts with Monroe
County.
C. 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 acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
XX. FINANCIAL RESPONSIBILITY:
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any
contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further
warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill
the terms of this contract.
XXI. 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 COUNTY:
Monroe County Administrator and Growth Management Director and
1100 Simonton Street 2798 Overseas Hwy.
Key West, FL 33040
FOR CONTRACTOR:
00"Emy1l :i i4C11
Marathon, FL 33050
County Attorney
1111 12`h St., Suite 408
Key West, FL 33041
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be
exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used
to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax
Exemption Number in securing such materials. The Contractor shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
XXIII. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
16
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 shall lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida. 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. Both parties specifically waive their right to a trial by jury. This Agreement is not subject to
arbitration.
XXIV. PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a response on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for 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, F.S. 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).
XXV. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and
warrants that:
(a) The Contractor's name in this agreement is its full name as designated in its corporate charter.
(b) He or she is empowered to act and contract for Contractor.
(c) This agreement has been approved by the Contractor's Board of Directors.
Further, Contractor shall, upon execution of this agreement, provide proof of incorporation (or a non-
profit organization) and a list of its Board of Directors.
XXVI. 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 term, 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.
XXVII. 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 of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
17
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.
XXVIII. BINDING EFFECT
The terms, 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.
XXIX. 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.
XXX. 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.
XXXI. NO SOLICITATION/PAYMENT
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.
XXXII. NON -WAIVER OF IMMUNITY
Notwithstanding the 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.
XXXIII. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, 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
18
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the
COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority
to inform, 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.
XXXIV. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement.
XXXV. 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 COUNTY in his or her individual capacity, and no member,
officer, agent or employee of 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.
XXXVI. 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 signing any such counterpart.
XXXVII. 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.
XXXVIII. INSURANCE POLICIES
Coverage shall be maintained throughout the entire term of the contract, failure to maintain coverage
shall be considered a valid reason for County to terminate this Agreement.
Coverage shall be provided by a company or companies authorized to transact business in the state of
Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self -
insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR
may be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance Program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the CONTRACTOR may be required to submit updated financial statements from the fund
upon request from the County.
a) General Insurance Requirements for Other CONTRACTORS and Subcontractors:
V
As a pre -requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached
schedules.
The CONTRACTOR will not be permitted to commence work governed by this contract (including
pre -staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the COUNTY as specified below, and where applicable CONTRACTOR shall provide
proof of insurance for all approved subcontractors. Delays in the commencement of work, resulting
from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance,
shall not extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work commenced on the specified date and time, except for the
CONTRACTOR'S failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision may
result in the immediate suspension of all work until the required insurance has been reinstated or
replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to
maintain the required insurance shall not extend deadlines specified in this contract and any penalties
and failure to perform assessments shall be imposed as if the work had not been suspended, except for
the CONTRACTOR'S failure to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies
required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the
County by the insurer.
The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving
the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation.
b) INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND
CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain the
following insurance. Coverage shall be maintained throughout the life of the contract and include, as a
minimum:
901
Insurance Requirement Required Limits
Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
The Monroe County Board of County Commissioners shall be named as an Additional Insured.
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the
County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
XXXIX. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the County and the Contractor for the
services contemplated herein. Any amendments or revisions to this agreement must be in writing and
be executed in the same manner as this agreement.
Remainder of page intentionally left blank
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)
9
Attest: DANNY L. KOLHAGE, CLERK
(SEAL)
Attest:
By:
Title:
By: _
Title:
STATE OF
COUNTY OF
Deputy Clerk
WITNESS
WITNESS
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Mayor/Chairman
CONTRACTOR
By: _
Title:
On this day of 2012, before me the person whose name is subscribed above,
and who produced as identification, acknowledged that he/she is the person who
executed the above Contract for the purposes therein contained.
Notary Public
Print Name
My commission expires:
W
Seal
SECTION THREE: COUNTY FORMS
(FORMS TO BE SUBMITTED WITH TABBED INFORMATION- SEE SECTION 1.11)
RESPONSE FORM
RESPOND TO: MONROE COUNTY PURCHASING OFFICE
HISTORIC GATO CIGAR FACTORY
ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included:
• Lobbying and Conflict of Interest Clause
• Non -Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Insurance and Indemnification Statement
(Check mark items above, as reminder that they are included)
In addition, I have included a current copy of the following professional and occupational licenses:
Mailing Address:
Signed:
(Name)
(Title)
Witness:
23
Telephone:
Fax:
Date:
(Seal)
LOBBYING AND CONFLICT OF INTEREST CLAUSE
ETHICS CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her 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."
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
me or has produced
as identification.
(Signature)
Date:
(date) by
(name of affiant). He/She is personally known to
NOTARY PUBLIC
My Commission Expires:
24
(type of identification)
NON -COLLUSION AFFIDAVIT
I, of the city of
oath, and under penalty of perjury, depose and say that
a.
according to law on my
I am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said
proposal with full authority to do so;
b. 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;
C. 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; and
d. no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
e. 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)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
me or has produced
as identification.
(name of affiant). He/She is personally known to
NOTARY PUBLIC
My Commission Expires:
W1
(type of identification)
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish 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. Inform employees about the dangers of drug abuse in the workplace, the business' 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. Give 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), notify 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 contenderre 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. Impose 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. Make 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.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
me or has produced
as identification.
date) by
(name of affiant). He/She is personally known to
NOTARY PUBLIC
My Commission Expires:
►W,
(type of identification)
PUBLIC ENTITY CRIME STATEMENT
"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 a contract 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 CONTRACTOR 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."
I have read the above and state that neither (Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
me or has produced
as identification.
(Signature)
Date:
date) by
(name of affiant). He/She is personally known to
NOTARY PUBLIC
My Commission Expires:
27
(type of identification)
Respondent's Insurance and Indemnification Statement
Insurance Requirement Required Limits
Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the
County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND_SUBCONSULTANTS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Respondent
covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and
appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may
be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Respondent or any of its employees, agents, contractors in any tier or other
invitees during the term of this Agreement, (B) the negligence or willful misconduct of Respondent or any of its
employees, agents, respondents in any tier or other invitees, or (C) Respondent's default in respect of any of the
obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes
of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent
acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than
RESPONDENT). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses
relate to events or circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a result of
the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the
County from any and all increased expenses resulting from such delay.
In the event the work under this Agreement 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.
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The first ten dollars ($10.00) of remuneration paid to the Respondent 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.
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 Date
WE
SFWMD ROMA/MOA and USACOE ELF Instrument
Exhibit A
Scope of Work
The selected Respondent shall:
1) Identify suitable mitigation areas for the initial inclusion into the ROMA and ILF program
areas
2) File application with the State to create & operate a Regional Off -site Mitigation Area
(ROMA) and prepare a Memorandum of Agreement (MOA) in accordance with State
statutes (373.4135, F.S.) with Monroe County as the Sponsor. At a minimum, the MOA
must address the following for each project authorized:
a) A description of the work that will be conducted on the site and a timeline for completion
of such work.
b) A timeline for obtaining any required environmental resource permit.
c) The environmental success criteria that the project must achieve.
d) The monitoring and long-term management requirements that must be undertaken for the
project.
e) An assessment of the project in accordance with s. 373.4136(4)(a)-(i), until the adoption
of the uniform wetland mitigation assessment method pursuant to s. 373.414(18).
f) A designation of the entity responsible for the successful completion of the mitigation
work.
g) A definition of the geographic area where the project may be used as mitigation
established using the criteria of s. 373.4136(6).
h) Full cost accounting of the project, including annual review and adjustment.
i) Provision and a timetable for the acquisition of any lands necessary for the project.
j) Provision for preservation of the site.
k) Provision for application of all moneys received solely to the project for which they were
collected.
1) Provision for termination of the agreement and cessation of use of the project as
mitigation if any material contingency of the agreement has failed to occur.
m) Provision in the agreement for additional projects to be added and evaluated as they are
identified.
3) File prospectus with U.S. Army Corps of Engineers and the Interagency Review Team (IRT)
to create and operate an In -Lieu Fee (ILF) program in accordance with the Federal mitigation
rule. The prospectus must include:
a) Description of the proposed service area(s) in this case the Florida Keys
b) Accounting procedures
c) Provision stating that legal responsibility for providing mitigation lies with the sponsor
once a permittee secures credits from the sponsor
d) Default and closure provisions
e) Reporting protocols
f) Any other information deemed necessary by the district engineer
RFP # GMD-W7 ##-2012-PUR/CV
SFWMD ROMA/MOA and USACOE ELF Instrument
g) For an in -lieu fee program, a complete instrument must also include the following
information:
i) Compensation planning framework (33 CFR 332.8(c)/40 CFR 230.98(c));
ii) Specification of the amount of advance credits (33 CFR 332.8(n)/40 CFR 230.98(n))
and the fee schedule for these credits;
iii) Methodology for determining future project -specific credits and fees;
iv) Description of the in -lieu fee program account (33 CFR 332.8(i)/40 CFR 230.98(i)).
4) Provide a Revenue Proposal including timing and magnitude of payments. Revenue may be
based on percentage of gross sales, guaranteed payments or any other options/mechanisms
which provide the largest dollar amount of revenue and the quickest period of recovery of
County's cost.
5) Design, permit and construct the mitigation areas in accordance with the ROMA/MOA and
ILF Instrument
6) Maintain (or fund the maintenance of) the land until final success is achieved
7) Fulfill regulatory reporting responsibilities
8) Market and sell mitigation credits
9) Establish a long term land acquisition and management fund
R" # GMD-###-###-2012-PVR/CV