Item C01MONROE COUNTY
REQUEST FOR PROPOSALS
FOR
CONDUCTING AN EVALUATION
OF SERVICES, PROGRAMS AND
COMMUNICATIONS AND THE
DEVELOPMENT OF MONROE COUNTY'S
AMERICANS WITH DISABILITIES ACT
TRANSITION PLAN.
BOARD OF COUNTY COMMISSIONERS
Mayor, Sylvia J. Murphy, District 5
Mayor Pro Tem, Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
COUNTY ADMINISTRATOR
Roman Gastesi
CLERK OF THE CIRCUIT COURT EMPLOYEE SERVICES DIVISION
Amy Heavilin Human Resources
------ , 2014
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TABLE OF CONTENTS
SECTION ONE - INSTRUCTIONS TO PROPOSERS
SECTION TWO - SAMPLE AGREEMENT
EXHIBIT A - SCOPE OF SERVICES
SECTION THREE- COUNTY FORMS
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SECTION ONE: INSTRUCTIONS TO PROPOSERS
1. Objective of the Request for Proposals (RFP)
The Proposer awarded a contract shall conduct an evaluation of the Monroe County
Board of County Commissioners' services, programs and communications with respect
to title II of the Americans with Disabilities Act of 1990, as amended (ADA). In addition,
as a result of the findings of the evaluation, the contracted firm /individual will also
develop a Transition Plan which shall outline the adjustments and modifications that
must be done to comply with the ADA, which mandates that services, programs and
communications provided by government agencies be offered equally to people with
disabilities, as well as other applicable federal and state legislation. The successful
Proposer shall be experienced in the development of ADA Transition Plans.
The County anticipates that this contract will be awarded on or about May, 2014.
The entity or person selected for this project will meet with the Director of Employee
Services, the County Administrator, and /or anyone else he deems appropriate during
the preparation of the self evaluation and Transition Plan, to review and approve the
proposer's work and the County Commission's presentation of the final summary and
recommendations.
2. Background Information
Monroe County is a non - charter county and a political subdivision of the State of
Florida. The County population is approximately 73,000 as of the last census. The
Board of County Commissioners, constituted as the governing body, has all the powers
of a body corporate, including the powers to contract; to sue and be sued; to acquire,
purchase, hold, lease and convey real estate and personal property; to borrow money
and to generally exercise the powers of a public authority organized and existing for the
purpose of providing community services to citizens within its territorial boundaries. In
order to carry out this function, the County is empowered to levy taxes to pay the cost of
operations.
Monroe County is the southernmost county in the United States. It is comprised of the
Florida Keys and a portion of the Florida Everglades. The Florida Keys are an
archipelago of islands stretching from Key West, only 90 miles from Cuba, up to the
mainland. In addition to the unincorporated county, there are five municipalities in the
Florida Keys: Key West, Marathon, Key Colony Beach, Layton, and Islamorada.
Further information about the demographics of the County can be found here:
http: / /www.monroecounty -fl aov /index aspx ?NID 27 .
Approximately one -third of the population is situated in the City of Key West, which is
the county seat; however, the County offers services throughout the Keys, and has
government buildings throughout the Lower Keys
(primarily Marathon), and Upper Keys (primarily Plantation l y Key and KeKey), g in Keys
addition to Key West, with employees stationed in all locations.
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The Florida Keys Council for People with Disabilities is an advisory board composed of
staff and community representatives. Further information about the Council is located
on the County's website: http: / /www.monroecounty -fl.gov /index.aspx ?nid =316.
3. Present Information
In 2009, the County prepared a Transition Plan, primarily covering changes to facilities
and roads, necessary to comply with title II of the ADA. The County is in the process of
carrying out the necessary changes identified in the 2009 Transition Plan. A copy of the
2009 Transition Plan is located here: hftr)://www.monroecountv-
fl.-gov/index.aspx?NID=l 19 . It is the County's intention that the current RFP should not
cover work addressed in the 2009 Transition Plan. Rather, the Proposer selected
should be prepared to formulate a self evaluation and Transition Plan covering areas
not addressed in the 2009 Transition Plan, particularly subpart E — Communications —
within 28 C.F.R. part 35 and subject matter heading II- 7.0000, Communications, within
the Title II Technical Assistance Manual, including programmatic barriers, other than as
covered in the 2009 Transition Plan. The County expects that the resulting self
evaluation and Transition Plan will comply with the most current standards promulgated
by the U.S. Department of Justice.
4. Evaluation Criteria
A selection committee will be convened to review the proposals and recommend which
individual or firm should be selected for the project. The successful proposer will be selected
based on the following criteria.
Relevant experience and competence of
20 points
the proposer's team, the personnel
assigned to this project, and
demonstrated degree of participation by
senior personnel
Demonstrated clear understanding of
15 points
ADA, ADAAG (Americans with Disability
Acts Accessibility Guidelines), UFAS
(Uniform Federal Accessibility
Standards), and the work to be
p erformed
Recent experience with similar Title II
10 points
projects, particularly with local
g overnment entities
Ability to provide all required services
15 points
Demonstrated abili to work with staff
5 points
Recommendations from prior government
10 points
clients
Cost of services
20 points
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-- ] Location of firm (local preference if 5 points
applicable: up to 5 add itional points)
Total points earned are on a scale of 1 —100 points
1 = lowest 100 = highest
A Selection Committee will be analyzing proposals and providing recommendations to the
County Administrator who will ultimately make a recommendation to the Board of County
Commissioners regarding which individual or firm should be hired.
The top selected firms may be required to attend a public meeting and provide an oral
presentation and /or answer any questions of the Selection Committee. This meeting is
tentatively scheduled for If it is decided that there is no need for a meeting, it will
be advertised as cancelled on or before -----------
5. Requests for Additional Information or Clarification
Requests for additional information or clarification relating to the specifications of
this Request for Proposals shall be submitted in writing directly to:
Teresa Aguiar, Employee Services Director
1100 Simonton Street, Suite 2 -268
Key West, Florida 33040
Facsimile (305) 292 -4564
All requests for additional information must be received no later than 3:00 PM. - --
Any requests received after that date and time will not be answered. If an
answer is issued, an addendum to the RFP will be issued shortly thereafter and
distributed to all interested proposers, responding with the County's best ability to
answer all questions. Oral requests will not be answered
All addenda are a part of the contract documents and each Proposer will be bound by
such addenda, whether or not received by him /her. It is the responsibility of each
Proposer to verify that he /she has received all addenda issued before responses are
opened.
6. Content of Submission
The proposal submitted in response to this Request for Proposals (RFP) shall be
printed on 8 -1/2" x 11" white paper and bound; shall be clear and concise, tabulated,
and provide the information requested herein. Statements submitted without the
required information will not be considered. Responses shall be organized as indicated
below. The Proposer 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 Proposer must submit
adequate documentation to certify the Proposer's compliance with the County's
requirements. Proposer should focus specifically on the information requested.
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7. Format.
The proposal, at a minimum, shall include the following:
A. Cover Page
A cover page that states "Requests for Proposals for conducting an evaluation of
services, programs and communications and the development of Monroe County's
Americans with Disabilities Act Transition Plan" must be included. The cover page
should contain Proposer's name, address, telephone number, and the name of the
Proposer's contact person(s).
B. Tabbed Sections
Tab 1. Executive Summary
The Proposer shall provide a narrative of the firm's qualities and capabilities that
demonstrates how the firm will work with the County to fulfill the requirements of this
Service. Describe the firm's methods of providing an evaluation of programs, services
and communications in addition to the development of a Transition Plan identifying the
findings of the evaluation and the adjustments and modifications that must be made in
order to comply with the ADA.
Tab 2. Relevant Experience
• The Proposer shall demonstrate experience with preparation of similar Title II self
evaluations and transition plans.
• The Proposer shall provide a minimum of five (5) customer references for which
you prepared a self evaluation or Transition Plan within the past three (3) years.
At least two (2) of these references must be from other city or county
governments within the State of Florida. Each reference at a minimum shall
include:
• Name and full address of the client;
• Name, address, title, and telephone number of the client contact;
• Date of initiation and date of completion for the project;
• Brief description of the project, comparing the referenced project to the
project described in this RFP; and
• Describe whether the project met the completion date, and if not, provide
any explanation.
Tab 3. Project Approach
• Describe your approach for completing the tasks identified in the scope of
services, Exhibit A. Please describe the process for meeting with county staff
members and the general public to provide the needs analysis.
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Set forth a schedule for project completion which includes a work plan and
scope of work clearly identifying the tasks to be completed, the amount of time
to complete, and approach to work. The proposal shall specifically identify
expected completion dates for (a) completion of self evaluation, and (b)
preparation of Transition Plan.
Tab 4. Cost
The fee for the work described in this tab shall be included. The fee shall
be an all- inclusive cost. No additional costs or fees will be paid, including
but not limited to travel costs, per dlems, telephone charges, facsimile
charges, and postage charges.
Tab 5. Staffing for this Project and Qualifications of Key Personnel
The Proposer shall describe the composition and structure of the firm
(sole proprietorship, corporation, partnership, joint venture) and include
names of persons with an interest in the firm.
If the Proposer is anything other than an individual or sole proprietorship,
the Proposer shall include a list of the proposed staff that will perform the
work required and shall identify any sub - contractors that will be used, if
awarded this contract. The Proposer shall also describe the qualifications
for each employee on the project team and identify his /her role on the
team. Include in this section the location of the main office and the location
of the office proposed to work on this project.
Tab 6. Other Information
Proposer shall provide any additional project experience not already
described in other tabs that will give an indication of the Proposer's overall
abilities.
If the Proposer cannot fully comply with any of the terms contained in the
draft contract, shown in Section Two, all deviations to the terms must be
spelled out in this section, i.e. Tab 6. If the Proposer cannot fully provide
any of the elements in scope of services, Exhibit A, these also should be
spelled out in Tab 6.
Tab 7. Litigation
In accordance with Section 2- 347(h) of the Monroe County Code, the Proposer must
provide the following information:
(1) A list of the person's or entity's shareholders with five (5) percent or more of the
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stock or, if a general partnership, a list of the general partners; or, if a limited
liability company, a list of its members; or, if a solely owned proprietorship,
names(s) of owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different, the
number of years it has been providing the services, goods, or construction
services called for in the bid specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name
and any prior names;
(5) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors,
ever failed to complete work or provide the goods for which it has
contracted? If yes, provide details;
b. Are there any judgments, claims, arbitration proceeding or suits pending
or outstanding against the person, principal of the entity, or entity, or any
entity previously owned, operated or directed by any of its officers,
directors, or general partners? If yes, provide details;
c. Has the person, principal of the entity, entity, or any entity previously
owned, operated or directed by any of its officers, major shareholders or
directors, within the last five (5) years, been a party to any lawsuit,
arbitration, or mediation with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned,
operated or directed by any of its officers, owners, partners, major
shareholders or directors, 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;
e. Whether, within the last five (5) years, the owner, an officer, general
partner, principal, controlling shareholder or major creditor of the person or
entity was an officer, director, general partner, principal, 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
competitive solicitation.
Tab 8. County Forms
Proposer shall complete, execute, and attach the forms specified below which are
located in Section Three in this RFP, as well as a copy of a business tax receipt
from the Tax Collector's Office and shall include it in this section, i.e. Tab 8:
Forms:
• Submission Response Form
• Lobbying and Conflict of Interest Ethics Clause
• Non - Collusion Affidavit
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Drug Free Workplace Form
Public Entity Crime Statement
Any proposer claiming a local preference as defined in Monroe County
Ordinance 023 -2009 must complete the Local Preference Form and attach to the
Proposal.
8. COPIES OF RFP DOCUMENTS
A. Only complete sets of 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.
B. Complete sets of RFP Documents may be obtained in the manner and at
the locations stated in the Notice of Request for Proposals.
9. STATEMENT OF PROPOSAL REQUIREMENTS
See also Notice of Request for Competitive Solicitation.
Interested firms or individuals are requested to indicate their interest by submitting a
total of ( -), ( -) signed originals and ( -) complete copies, of the proposal,
in a sealed envelope clearly marked on the outside, with the Proposer's name and "
PROPOSAL FOR CONDUCTING AN EVALUATION OF SERVICES, PROGRAMS
AND COMMUNICATIONS AND THE DEVELOPMENT OF MONROE COUNTY'S
AMERICANS WITH DISABILITIES ACT TRANSITION PLAN," addressed to Monroe
County Purchasing Department, 1100 Simonton Street, Room 2 -213, Key West, FL
33040, which must be received on or before 3:00 P.M. local time on 2014 Hand
delivered Proposals may request a receipt. No proposals will be accepted after 3:00
P.M. Faxed or e- mailed proposals shall be automatically rejected. It is the sole
responsibility of each Proposer to ensure its proposal is received in a timely fashion.
10. DISQUALIFICATION OF PROPOSER
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 Proposers,
the proposals of all participants in such collusion shall be rejected, and no
participants in such collusion will be considered in future proposals 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,
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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, Florida Statutes, 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 /her 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.
D. LOBBYING AND CONFLICT OF INTEREST ETHICS 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 /her 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.
11. EXAMINATION OF RFP DOCUMENTS
A. Each Proposer shall carefully examine the RFP and other contract
documents, and inform himself /herself 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 Proposer shall in no way relieve him /her of the
obligations and responsibilities assumed under the contract.
B. Should a Proposer 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.
12. GOVERNING LAWS AND REGULATIONS
The Proposer is required to be familiar with and shall be responsible for complying with
all federal, state, and local laws, ordinances, rules, professional license requirements
and regulations that in any manner affect the work. Knowledge of business tax
requirements for Monroe County and municipalities within Monroe County are the
responsibility of the Proposer.
13. PREPARATION OF RESPONSES
Signature of the Proposer: The Proposer must sign the response forms in the
space provided for the signature. If the Proposer 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 firm
name and the words "Member of the Firm" should be written beneath such signature. If
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the Proposer is a corporation, the title of the officer signing the Response on behalf of
the corporation must be stated along with the Corporation Seal Stamp and evidence of
his authority to sign the Response must be submitted. The Proposer shall state in the
response the name and address of each person having an interest in the submitting
entity.
14. MODIFICATION OF RESPONSES
Written modifications will be accepted from Proposers if addressed to the entity
and address indicated in the Notice of Request for Competitive Solicitation and received
prior to Proposal due date and time. Modifications must be submitted in a sealed
envelope clearly marked on the outside, with the Proposer's name and "Modification
to Proposal - Monroe County Proposal for Conducting an Evaluation of Services,
Programs and Communications and the Development of Monroe County's
Americans with Disabilities Act Transition Plan." 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 e- mailed
modifications shall be automatically rejected.
15. RESPONSIBILITY FOR RESPONSE
The Proposer is solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by the County.
16. RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened.
Proposers names shall be read aloud at the appointed time and place stated in the
Notice of Request for Competitive Solicitation. 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. Proposers or their authorized agents are invited to be present.
The County reserves the right to reject any and all responses and to waive
technical error and irregularities as may be deemed best for the interests of the County.
Responses that contain modifications that are incomplete, unbalanced, conditional,
obscure, or that contain additions not requested or irregularities of any kind, or that do
not comply in every respect with the Instruction to Proposer, may be rejected at the
option of the County.
17. AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for the services
based on geographic area or other criteria, and to waive any informality in any
response, or to re- advertise for all or part of the work contemplated.
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B. The County also reserves the right to reject the response of a Proposer
who has previously failed to perform properly or to complete contracts of a similar
nature on time.
C. The recommendation of staff shall be presented to the Board of County
Commissioners of Monroe County, Florida, for final selection and award of contract.
18. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Proposer shall be responsible for all necessary insurance coverage as
indicated below. Certificates of Insurance must be provided to Monroe County within
fifteen (15) days after award of contract, with Monroe County BOCC listed a t
insured as indicated. If the proper insurance forms are not received additional
within the fifteen
(15) day period, the contract may be awarded to the next selected Proposer. 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 A.M.
Best rating of VI or better, The required insurance shall be maintained at all times while
Proposer is providing service to County.
Worker's Compensation
Employers' Liability Insurance Statutory Limits
Bodily Injury by Accident
Bodily Injury by Disease $500,000
, ee policy limits $100,000
Bodily Injury by Disease, each employee P Y $100,000
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$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
(Owned, non -owned and hired vehicles) $100,000 Combined Single Limit
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If split limits are provided, the minimum limits acceptable shall be:
$50,000 per person
$100,000 per occurrence
$25,000 property damage
Professional Liability
$300,000 per Occurrence
$500,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Li
and Vehicle Liability policies. ability
19. INDEMNIFICATION
The Proposer to whom a contract is awarded shall defend, indemni and h
harmless the County as outlined below. fY old
The Proposer covenants and agrees to indemnify, hold harmless and defe
Monroe County, its commissioners, officers, employees, agents and sery nd
and all claims for bodily injury, including death ants from any
including damage to property owned by Monroe County, and any and other os y damage,
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
the Proposer or any of its Subcontractor(s), occasioned by the negligence by
other wrongful act or omission of the Proposer, its Subcontractor(s), o frrors, or
employees, servants or agents. officers,
In the event that the service is delayed or suspended as a result of the
Proposer/Vendor's failure to purchase or maintain the required insurance
shall indemnify the County from any and all increased expenses resulting from such
Mfr a Vendor
g
delay.
The first ten dollars ($10.00) of remuneration paid to the Proposer is
consideration for the indemnification provided for above i
way limited to, reduced, or . The extent of liability lessened by the insurance requirements contained s in no
elsewhere within this agreement.
20. EXECUTION OF CONTRACT
The Proposer will be required to execute a contract with the County for the
be required to return to the County one (1) executed original of the
services provided for in this RFP. The Proposer with whom a contract is negotiated
on tract
shall
together with the required certificates of insurance. Prescribed Con
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If the Proposer cannot fully comply with any of the terms contained in the draft
contract, shown in Section Two, all deviations to the terms must be spelled out in Tab 6,
Other Information.
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SECTION TWO: SAMPLE AGREEMENT
MONROE COUNTY
CONTRACT FOR
Conducting an Evaluation of Services, Programs and Communications and the
Development of Monroe County's Americans with Disabilities Act Transition Plan
THIS AGREEMENT is made and entered into this day of by
MONROE COUNTY ( "COUNTY"), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 and
. "CONTRACTOR "), whose address is
Section 1. SCOPE OF SERVICES
CONTRACTOR shall do, perform and cant' out in a professional and proper manner
certain duties as described in the Scope of Services — Exhibit A — which is attached
hereto and made a part of this agreement.
CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY.
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
Agreement documents. The CONTRACTOR shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services to
be provided. Contractor shall provide services using the following standards, as a
minimum requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the
services required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual
relationship with the County. To the extent that Contractor uses
subcontractors or independent contractors, this Agreement specifically
requires that subcontractors and independent contractors shall not be an
employee of or have any contractual relationship with County.
C. All personnel engaged in performing services under this Agreement shall
be fully qualified, and, if required, to be authorized or permitted under
State and local law to perform such services.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 The County will provide such data as is required by the Contractor and is
mutually agreed upon.
2.2 The County will make payments as outlined in Section 4 of this Agreement.
Section 3. TERM OF AGREEMENT
3.1 Except as noted below, this Agreement shall begin on the day of
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outlined in Section 1 of this Agreement, including Exhibit A t o the deliverable
9 t A to this Agreement.
Section 4. PAYMENT TO CONTRACTOR
4.1 Payment will be made according to the Florida Local Government Prompt
Payment Act, Section 218.70, Florida Statutes. The Provider shall submit to the
County an invoice with supporting documentation in a form acceptable to the
Clerk. Acceptability to the Clerk is based on generally accepted accounting
principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds. The Director of Employee Services will review the request,
note his /her approval on the request and forward it to the Clerk for payment.
4.2 Any extension of this Agreement beyond the term noted in Section 3 is
contingent upon annual appropriation by Monroe County.
Section 5. CONTRACT TERMINATION
Either party may terminate this Agreement because of the failure of the other a to
perform its obligations under the Agreement. The CONTRACTOR may terminate this
Agreement with ninety (90) days' notice to the COUNTY. The COUNTY may terminate
this Agreement with or without cause upon thirty
CONTRACTOR. COUNTY shall pay CONTRACTOR or worrk perform d notice through the
date of termination. g
Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his
response, and this Agreement and has made a determination that he /she has the
personnel, equipment, and other requirements suitable to perform this work and
assumes full responsibility therefore. The provisions of the Agreement shall
control any inconsistent provisions contained in the specifications. All
specifications have been read and carefully considered by CONTRACTOR, who
understands the same and agrees to their sufficiency for the work to be done.
Under no circumstances, conditions, or situations shall this Agreement be more
strongly construed against COUNTY than against CONTRACTOR.
B. Any ambiguity or uncertainty in the specifications shall not be construed against
the drafter.
C. The passing, approval, and /or acceptance by COUNTY of any of the services
furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict
compliance with the terms of this Agreement, and specifications covering the
services.
D. CONTRACTOR agrees that County Administrator or his designated
representatives may visit CONTRACTOR'S facility
(
random evaluations of services during CONTRACTOR'S ) norrmal bus iness hours.
E. CONTRACTOR has, and shall maintain throughout the term of this Agreement
appropriate licenses and approvals required to conduct its business, and will at
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all times conduct its business activities in a reputable manner. Proof of such
licenses and approvals shall be submitted to COUNTY upon request.
Section 7. NOTICES
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:
To the COUNTY: Employee Services Director
1100 Simonton Street, Suite 2 -268
Key West, Florida 33040
To the CONTRACTOR:
Section S. 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 five (5) 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
Section 55.03 of the Florida Statutes, running from the date the monies were paid to
CONTRACTOR.
Pursuant to Florida Statute §119.0701, Contractor and its subcontractors shall comply
with all public records laws of the State of Florida, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms and
conditions that Monroe County would provide the records and at a cost that does not
exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by
law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon termination of
this Agreement and destroy any duplicate public records that are exempt or confidential
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and exempt from public records disclosure requirements. All records stored
electronically must be provided to Monroe County in a format that is compatible with the
information technology systems of Monroe County.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on
its behalf any former County officer or employee subject to the prohibition of Section 2
of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3
of Ordinance No. 020 -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.
Section 10. CONVICTED VENDOR
By signing this agreement, CONTRACTOR represents that the execution of this
Agreement will not violate the Public Entities Crime 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 debarment from County's
competitive procurement activities.
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 Agreement with a public
entity for the construction or repair of a public building or public work, may not perform
work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under
Agreement with any public entity, and may not transact business with any public enty
in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,
for the Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.
Section 11. 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 Agreements 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.
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Section 12. 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.
Section 13. 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, and court costs, as an award against the non - prevailing
party. 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.
Section 14. 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.
Section 15. 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.
Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet
and confer session, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement shall not be
subject to arbitration.
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Section 17. 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.
Section 18. NONDISCRIMINATION
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: Title VII of the Civil Rights Act of 1964 (PL 88 -352) which
prohibits discrimination on the basis of race, color or national origin; 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; Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC S. 794), which prohibits discrimination on the basis of
handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107)
which prohibits discrimination on the basis of age; The Drug Abuse Office and
Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the
basis of drug abuse; 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; 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; 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; The Americans with Disabilities Act of 1990 (42
USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination
on the basis of disability; Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
Section 19. 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.
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Section 20. CODE OF ETHICS
The parties understand that officers and employees of the COUNTY are 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.
Section 21. 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.
Section 22. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit 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.
Section 23. 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 Agreement entered into by the COUNTY be required
to contain any provision for waiver.
Section 24. 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
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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.
Section 25. 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 permitted by the Florida
constitution, state statute, and case law.
Section 26. 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 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.
Section 27. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, including, but not being limited to, a Public Entity Crime Statement, an Ethics
Statement, and a Drug -Free Workplace Statement, Lobbying and Conflict of Interest
Clause, and Non - Collusion Agreement.
Section 28. 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.
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Section 29. 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.
Section 30. 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.
Section 31. INSURANCE POLICIES
31.1 General Insurance Requirements for Other Contractors and
Subcontractors.
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 will ensure that the insurance obtained will extend
protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the
CONTRACTOR may require all Subcontractors to obtain insurance consistent with the
attached schedules; however CONTRACTOR is solely responsible to ensure that said
insurance is obtained and shall submit proof of insurance to COUNTY. Failure to
provide proof of insurance shall be grounds for termination of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract
until satisfactory evidence of the required insurance has been furnished to the COUNTY
as specified below. 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 and /or termination of this Agreement and for
damages to the COUNTY. 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.
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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.
31.2 Insurance Requirements For Contract Between County And Contractor
(Note: amounts of coverage are subject to change in final contract)
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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31.3 Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
31.4 Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the CONTRACTOR shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of
not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
31.5 Professional Liability Requirements
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor shall purchase and maintain,
throughout the life of the contract, Professional Liability Insurance which will respond to
damages resulting from any claim arising out of the performance of professional
services or any error or omission of the Contractor arising out of work governed by this
contract.
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The minimum limits of liability shall be:
$300,000 per occurrence /$500,000 Aggregate
Section 32. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless
the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's
fees, or liability of any kind arising out of the sole negligent actions of the
CONTRACTOR or substantial and unnecessary delay caused by the willful
nonperformance of the CONTRACTOR and shall be solely responsible and answerable
for any and all accidents or injuries to persons or property arising out of its performance
of this contract. The amount and type of insurance coverage requirements set forth
hereunder shall in no way be construed as limiting the scope of indemnity set forth in
this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs
attendant to acts attributable to the sole negligent act of the
CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners. 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. As an independent contractor the
CONTRACTOR shall provide independent, professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its
work, plan, supporting data, and other documents prepared or compiled under its
obligation for this project, and shall correct at its expense all significant errors or
omissions therein which may be disclosed. The cost of the work necessary to correct
those errors attributable to the CONTRACTOR and any damage incurred by the
COUNTY as a result of additional costs caused by such errors shall be chargeable to
the CONTRACTOR. This provision shall not apply to any maps, official records,
contracts, or other data that may be provided by the COUNTY or other public or semi-
public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the COUNTY during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any, shall
be compensated for by the COUNTY by an extension of time for a reasonable period for
the CONTRACTOR to complete the work schedule. Such an agreement shall be made
between the parties.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day of 2014.
(SEAL)
Attest: Amy Heavilin, CLERK
OF MONROE COUNTY, FLORIDA
X
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
By
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
by
Mayor /Chairman
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(Name of Contractor)
by_
Title:
EXHIBIT A
SCOPE OF SERVICES
(DRAFT)
The contracted firm will provide the below services. This draft list is not all
inclusive and the Proposer shall include in Tab 3 any and all services which are
necessary in order to accomplish the objective as stated in Section 1, number 1
of the Request for Proposals, which is incorporated herein by reference.
➢ Preparation of self evaluation plan:
➢ Preparation shall include input from staff and the community, including the Florida
Keys Council for People with Disabilities, including coordination and distribution of a
questionnaire /survey that would identify areas to provide a needs analysis.
➢ The Proposer will be expected to attend facilitate at least three (3) meetings with
members of the public to identify areas of the County's services and policies that
require evaluation.
➢ The Proposer will also be expected to attend at least one (1) meeting with staff in
order to discuss the self evaluation.
➢ The self evaluation should provide an accurate assessment of which, if any
programs or policies contain any language or processes that may be discriminatory
and non - compliant with Title II of the ADA.
➢ Preparation of the self evaluation plan will include a review of all programs, services
and, identifying those programs and services that require improvement in order to
comply with the ADA, with an emphasis on communication elements. The self
evaluation plan will not include work and facilities elements covered by the County's
2009 Transition Plan.
➢ Development of a Transition plan, which will list the County's programs, services and
communications, outline any deficiencies, and make clear defined recommendations to
correct and comply with the ADA. The Transition Plan shall contain at a minimum but
not be limited to:
➢ A list of programs, services, or communications that limit the accessibility to
individuals with disabilities;
➢ A detailed outline of the methods to be utilized to remove the limitations or to make
the programs, services or communications accessible to individuals with disabilities;
➢ Estimated costs and proposed funding sources for the correction of the limitations;
➢ Time frame for the corrections which includes prioritization of items and the schedule
for taking the necessary steps to achieve compliance with the ADA.
➢ If the time period for achieving compliance is longer than one year, the plan
should identify the interim steps that will be taken during each year of the
transition period.
➢ Identify the Monroe County official(s) responsible for the Plan's implementation.
➢ Develop a database contained in Microsoft Access format for use by Monroe County
in implementing the Transition Plan.
➢ During the course of the Project, the firm /individual shall be required to deliver to the
County drafts of the Transition Plan. Once the County has approved the Transition Plan
drafts, the firm /individual shall organize a final Transition Plan to be delivered to the County
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for final review and acceptance. The firm /individual shall provide two originals of the
Transition Plan, and one electronic version in PDF file format.
➢ The firm /individual shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the firm /individual or its
subcontractors, or both.
➢ Make formal presentations to senior staff and the Board of County Commissioners as
needed.
➢ Transition Plan will be completed within - - -- days from the effective date of the contract.
The selected Proposer will be expected to attend at least two (meetings) of the Board of
County Commissioners: one (1) at the conclusion of development of the self - evaluation, and
one (1) at the conclusion of the development of the Transition Plan.
If work is required as a result of the Transition Plan that is prepared, the Proposer selected in
response to this RFP will not be eligible to submit a proposal for subsequent work.
Deliverables:
All deliverables must be submitted in binder and electronic formats. All work prepared
in response to this RFP becomes the property of Monroe County, Florida.
1. The Proposer shall deliver a draft preliminary self evaluation shall be prepared
and delivered when approximately 75% of the evaluation as described in this
Schedule is complete and shall deliver the final self evaluation when the self
evaluation phase is complete.
2. The Proposer shall deliver a draft preliminary Transition Plan when
approximately 75% of the Transition Plan is complete, and shall deliver the final
Transition Plan when this phase is complete.
All timetables shall meet the timing set forth in the Proposer's response in Tab 3 of the
Proposal.
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SECTION THREE: COUNTY FORMS AND INSURANCE FORMS
[This page intentionally left blank, with forms to follow.]
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Purchasing Department
GATO BUILDING, ROOM 2.213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
❑ 1 acknowledge receipt of Addenda No.(s)
I have included:
• Response Form
• Lobbying and Conflict of Interest Clause
0
• Non - Collusion Affidavit
El
• Drug Free Workplace Form
El
• Public Entity Crime Statement
• Copy of business tax receipt from the
Tax Collector's office
• Local Preference Form (if applicable)
El I have included a current copy of the following professional and occupational licenses:
If the applicant Is not an individual (sole proprietor), please supply the following information:
APPLICANT ORGANIZATION:
(Registered business name must appear exactly as it appears on www.sunbiz or ).
Any applicant other than an Individual (sole proprietor) must submit a printout of the "Detail by
Entity Name" screen from Sunbiz, and a copy of the most recent annual report filed with the
Florida Department of State, Division of Corporations.
Fee for services included in contract: $
The fee is an all- inclusive cost. No additional costs or fees will be paid, including but not limited to travel
costs, per diems, telephone charges, facsimile charges, and postage charges.
Mailing Address:
Signed:
(Print Name)
STATE OF: (Title)
COUNTY OF:
Telephone:
Fax: Date
Witness.
Subscribed and sworn to (or affirmed) before me on
(date) by
to me or has produced
identification.
My Commission Expires:
(name of afl'iant). He /She is personally known
(type of identification) as
OTARY PUBLIC
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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 /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."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
personally known to me or has produced
(type of identification) as identification
(name of affiant). He /She is
NOTARY PUBLIC
My Commission Expires:
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NON - COLLUSION AFFIDAVIT
I, of the city of
law on my oath, and under penalty of perjury, depose and say that
according to
1. 1 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;
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; and
4. 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;
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)
STATE OF:
Date:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
known to me or has produced
as identification.
(name of affiant). He /She is personally
(type of identification)
NOTARY PUBLIC
My Commission Expires:
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DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
w4ame or tsusiness)
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' 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.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
produced
(name of affiant). He /She is personally known to me or has
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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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, Florida Statutes, 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 (Proposer's
name) nor any Affiliate has been placed on the convicted vendor list within the last 36
months.
(Signature)
STATE OF:
Date:
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
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners 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 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.
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
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.
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
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VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a
minimum, liability coverage for:
• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$50,000 per Person
$100,000 per Occurrence
$25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
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PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor, shall
purchase and maintain,
throughout the life of the contract, Professional Liability Insurance which will respond to
damages resulting from any claim arising out of the performance of professional
services or any error or omission of the Contractor arising out of work governed by this
contract.
The minimum limits of liability shall be:
$300,000 per occurrence /$500,000 aggregate
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MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to
deviate from the standard insurance requirements specified within this manual.
Recognizing this potential and acting on the advice of the County Attorney, the Board of
County Commissioners has granted authorization to Risk Management to waive and
modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured — If a letter from the
Insurance Company (not the Agent) is presented, stating that they are unable or
unwilling to name the County as an Additional Insured, Risk Management has
not been granted the authority to waive this provision.
and
• The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this
reason, every attempt should be made to obtain the standard insurance requirements.
If a waiver or a modification is desired, a Request for Waiver of Insurance
Requirement form should be completed and submitted for consideration with the
proposal.
After consideration by Risk Management and if approved, the form will be returned, to
the County Attorney who will submit the Waiver with the other contract documents for
execution by the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal
with the County Administrator or the Board of County Commissioners, who retains the
final decision - making authority.
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MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Risk Management:
Date:
Approved
Not Approved
County Administrator appeal:
Date:
Approved
Not Approved
Board of County Commissioners appeal:
Meeting Date:
Approved
Not Approved
PROPOSER
SIGNATURE
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LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023 -2009 must complete this form.
Name of Bidder/Responder Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least
one year prior to the notice or request for bid or proposal? (Please furnish co )
2. Does the vendor have a physical business address located within Monroe County from which the vendor operates
or performs business on a day to day basis that is a substantial component of the goods or services being offered to
Monroe County?_
List Address:
Telephone Number:
B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or construction to
local businesses meeting the criteria above as to licensing and location?
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least
one year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
Tel. Number
Signature and Title of Authorized Si gnatory for Print Name:
Bidder/Responder
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
(type of identification) as
identification.
NOTARY PUBLIC
My Commission Expires:
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