Item R6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 17. 2010
Division: County Attorney
Bulk Item: Yes l No
Department: County Attorney
Staff Contact Person!
Phone #: Christine Limbert-Barrows. #3475
AGENDA ITEM WORDING:
Approval to reject $50 bid received in response to the County's Request for Proposal for the Purchase
of County Property on Long Key- ParcelID: 386360. The sole bidder has expressed an interest in
negotiating with the Board for the purchase of the property should the Board reject his $50 bid.
ITEM BACKGROUND:
Mr. Pesch had expressed an interest in purchasing a portion of land on Long Key, which abuts his
property. Since the property appraiser assessed the value at $50,000, the Board was required by F.S.
125.35 to call for bids on the property. In compliance with F.S. 125.35, the Board approved the RFP
for the purchase of the property at the December 16th BOCC meeting. The bid opening was conducted
on January 20,2010 and Mr. Pesch was the only bid of $50.00.
PREVIOUS RELEVANT BOCC ACTION:
Approved RFP on December 16, 2009.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Reject the $50 bid as too low in consideration of the assessed value of the property and the cost and
staff time incurred thus far.
TOTAL COST:
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year
APPROVED BY: County Att~L~ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
Cost estimate of attorney time & cost. (This does not include county staff time or Ms. Hutton's
time).
The cost break down for advertisement is as follows:
The Reporter
Keynoter
Citizen
$ 337.12
$ 294.10
$ 514.44
Total
$1,145.66
The invoices have already been sent to Finance for payment.
Christine Limbert-Barrows Time
Attorney time to research the legal process for sale (4 hours)
Attorney time to research the property (including onsite examination of the property, discussions
with planning department, discussions with FKAA, review of property appraiser records)
(10 hours)
Attorney time to prepare and review bid documents & addendum (16 hours)
(estimate of 30 hours @ $250 = 7500.00)
$1,145,66
$7,500.00
$8645.00
This estimate does not include Suzanne Hutton's time or staff time, which is probably easily
another $4,000 to $5,000.
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Statutes & Constitution :View Statutes: Online Sunshine
Page 1 of2
125.35 County authorized to sell real and personal property and to lease real property.--
(1 )(a) The board of county commissioners is expressly authorized to sell and convey any real or personal property,
and to lease real property, belonging to the county, whenever the board determines that it is to the best interest of
the county to do so, to the highest and best bidder for the particular use the board deems to be the highest and best,
for such length of term and such conditions as the governing body may in its discretion determine.
(b) Notwithstanding the provisions of paragraph (a), the board of county commissioners is expressly authorized to:
1. Negotiate the lease of an airport or seaport facility;
2. Modify or extend an existing lease of real property for an additional term not to exceed 25 years, where the
improved value of the lease has an appraised value in excess of $20 million; or
3. Lease a professional sports franchise facility financed by revenues received pursuant to s. 125.0104 or s. 212.20;
under such terms and conditions as negotiated by the board.
(c) No sale of any real property shall be made unless notice thereof is published once a week for at least 2 weeks in
some newspaper of general circulation published in the county, calling for bids for the purchase of the real estate so
advertised to be sold. In the case of a sale, the bid of the highest bidder complying with the terms and conditions set
forth in such notice shall be accepted, unless the board of county commissioners rejes:ts all bids because they are too
low. The board of county commissioners may require a deposit to be made or a surety bond to be given, in such form
or in such amount as the board determines, with each bid submitted.
(2) When the board of county commissioners finds that a parcel of real property is of insufficient size and shape to be
issued a building permit for any type of development to be constructed on the property or when the board of county
commissioners finds that the value of a parcel of real property is $15,000 or less, as determined by a fee appraiser
designated by the board or as determined by the county property appraiser, and when, due to the size, shape,
location, and value of the parcel, it is determined by the board that the parcel is of use only to one or more adjacent
property owners, the board may effect a private sale of the parcel. The board may, after sending notice of its
intended action to owners of adjacent property by certified mail, effect a sale and conveyance of the parcel at
private sale without receiving bids or publishing notice; however, if, within 10 working days after receiving such
mailed notice, two or more owners of adjacent property notify the board of their desire to purchase the parcel, the
board shall accept sealed bids for the parcel from such property owners and may convey such parcel to the highest
bidder or may reject all offers.
(3) As an alternative to subsections (1) and (2), the board of county commissioners may by ordinance prescribe
disposition standards and procedures to be used by the county in selling and conveying any real or personal property
and in leasing real property owned by the county. The standards and procedures must provide at a minimum for:
(a) Establishment of competition and qualification standards upon which disposition will be determined.
(b) Reasonable public notice of the intent to consider disposition of county property and the availability of copies of
http://www.1eg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0125/ch012...1/28/20 1 0
Statutes & Constitution :View Statutes: Online SlUlshine
Page 20f2
the standards. Reasonableness of the notice is to be determined by the efficacy and efficiency of the means of
communication used.
(c) Identification of the form and manner by which an interested person may acquire county property.
(d) Types of negotiation procedures applicable to the selection of a person to whom county properties may be
disposed.
(e) The manner in which interested persons will be notified of the board's intent to consider final action at a regular
meeting of the board on the disposition of a property and the time and manner for making objections.
(f) Adherence in the disposition of real property to the governing comprehensive plan and zoning ordinances.
History.--s. 1, ch. 23829,1947; s. 1, ch. 70-388; s. 1, ch. 77-475; s. 1, ch. 81-87; s. 1, ch. 83-100; s. 1, ch. 86-105; s.
2, ch. 89-103; s. 2, ch. 95-416; ss. 1, 2, ch. 99-190; s. 1, ch. 2001-252; 5S. 56, 79, ch. 2002-402.
http://www.leg.state.ilus/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0125/chOI2...1/28/201 0
COVER PAGE
Response to request for Purchase of County property on Long Key
Proposal and Conaet Information:
William S. Pesch
65620 Overseas Highway
Long Key, FL 33001
305-796-3100
Please mail all correspondence to:
271 Greenwood Dr.
Key Biscayne, FL 33149
Contract for Purchase and Sale
Project: County owned property on Long Key, FloridalParcel rD 386360/Altemate Key
1470082
Property Tax LD.#386360
THIS AGREEMENT is made this 1Q day of February, 2010, between BOARD OF
COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida, as "Seller", 1100 Simonton Street, Key West, Florida,
33040, and William S. Pesch, as "Purchaser" whose address is 65620 Overseas Highway,
Long Key, 33001, mailing address, 271 Greenwood Dr. Key Biscayne, FL 33149.
In consideration of the mutual promises contained herein, Seller hereby agrees to sell the
Purchaser the real property located in Monroe County, Florida, described below,
together with all improvements, easements, rights and appurtenances ("Property"), in
accordance with the provisions of this Agreement.
1. DESCRIPTION OF PROPERTY. The property which the Seller agrees to sell
and the Purchaser agrees to buy pursuant to the terms ofthis Agreement is that
property situated on Long Key, Monroe County, Florida, and more particularly
described as:
The Legal Description is:
Long Key Ocean Bay Colony PB 3-130 SEC 1 Long Key PT LOTS 1-2-3-
OR104-286-287
4. TOTAL PRUCHASE PRICE. The total purchase price ("Total Purchase Price")
for the property is Fifty Dollars ($50.00) which will be paid by Purchaser at
closing. Seller hereby authorizes purchaser to issue a certified check directly to
an escrow agent who is authorized by law to receive such payment, and who is
acceptable to Purchaser, and to require the escrow agent to pay Seller's expenses
of sale and real estate taxes.
This Total Purchase Price presumes to include the entire 8,634 square feet ofland
unless otherwise stated. If the Total Purchase Price is for a portion of the property the
Proposer shall include the approximate square feet of land and a survey of the
property that Proposer wishes to purchase.
Conveyance of the Property by Quit Claim Deed from Seller to Purchaser will take
place at the closing, in exchange for the payments to be made to Seller at closing as
set f011h above in this paragraph.
5. Interest Conveyed. At closing, Seller shall execute and deliver to Purchaser a quit
claim deed, conveying marketable title to the Property clear of all liens,
reservations, restrictions, easements, leases, tenancies and other encumbrances,
except for those that are of record and acceptable encumbrances in the opinion of
\
Purchaser and do not impair the marketability of the title to the Property. An
access easement to adj acent properties is required as deemed necessary.
6. PREPARATION OF CLOSING DOCUMENTS. It is the Purchaser's obligation
to prepare any documentation that the Purchaser seeks to be completed and
executed by the Seller at the closing. All prepared documents shall be submitted
to the Seller for review and approval at least 10 (ten) days prior to closing date. If
the Purchaser wishes to purchase title insurance, it is the Purchaser's obligation to
do so and the Purchaser must prepare and comolete any documentation required
by the title insurer.
7. EXPENSES. Purchaser will pay the documentary revenue stamp tax and all other
taxes or costs associated with the conveyance, including the cost of recording the
deed and any other recordable instruments which is deemed necessary by the
parties. Except provided in this Agreement, each party hereto shall pay its own
expenses incurred in connection with this agreement and the transactions
contemplated hereby.
8. TAXES AND ASSESMENTS. All real estate taxes and assessments which could
have become a lien against the property shall be satisfied of record by Seller by
the date of closing. The Seller as a governmental agency is exempt from taxation,
but upon transfer of the property the Purchaser may be assessed taxes on the
propeIty. The Purchaser may be obligated to pay an amount equal to the current
taxes prorated from the date of transfer, based upon the current assessment and
millage rates on the Property.
9. Closing Date and Place. The closing shall be on or before
March (month), 19 (day), 2010; provided, however, that if a
defect exists in the title to the Propelty, the closing shall occur either on the
original closing date or within 20 days after the receipt of documentation curing
the defects, whichever is later or agreed to by the parties. The parties may
conduct the closing at an earlier date if they are satisfied that all conditions have
been met prior to the date set herein. For purposes of the Purchaser, the
determination that the conditions have been met prior to the closing date set herin
shall require the County Administrator and County Attorney to sign approval of
an earlier closing date and the contract need not go abck before the Purchaser's
governing body to reform the contract to provide the earlier closing date.
10. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all
risk of loss or damage to the property prior to the date of closing and warrants that
the Property shall be transferred and conveyed to the Purchaser in the same or
essentially the same condition as of the date of Seller's execution of this
agreement, ordinary wear and tear accepted. However, in the event the condition
ofthe Property is altered by an act of God or other natural force beyond the
control of the Seller, Purchaser may elect, as its sole option, to terminate this
Agreement and neither pmty shall have further obligations under this Agreement.
Seller represents and warrants that there are no parties other than Seller in
occupancy or possession of any pmt of the property.
11. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from
the date that this Agreement is executed by the Seller, Purchaser and its agents,
upon reasonable notice, shall have the right to enter the property for all lawful
purposes in connection with this ASgreement. Seller shall deliver possession of
the Property to Purchaser at closing.
12. DEF ALT. If Seller defaults under this Agreement, Purchaser may waive the
default and proceed to closing, seek specific performance, or refuse to close and
elect to receive the return of any money paid. In connection with any dispute
arising out of this, Agreement, including wothoutlimitation litigation and appeals,
the prevailing party will be entitled to recover reasonable attorney's fees and
costs.
13. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in
the Official records of Monroe County.
14. ASSIGNMENT: This Agreement may not be assigned by either Party without
prior written consent of the other Party.
15. TIME. Time is of the essence with regard to all dates or times set forth in this
Agreement.
16. SEVERABILITY. In the event any of the provisions in this Agreement are
deemed to be unenforceable, the enforceability of the remaining provisions of this
Agreement shall not be affected.
17. SUCCESSORS IN INTEREST. Upon Seller's execution ofthis Agreement,
Seller's heirs, legal representatives, successors and assigns will be bound by it.
Upon Purchaser's approval of this Agreement, Purchaser and Purchaser's
successors and assigns will be bound by it. Whenever used, the singular shall
include the plural and one gender shall include all genders. -
18. ENTIRE AGREEMENT. This Agreement contains the entire agreement between
the parties pertaining to the subject matter contained in it and supersedes all prior
and contemporaneous agreements, representations and understandings of the
parties. No supplement, modification or amendment to this Agreement shall be
binding unless executed in writing by the parties.
19 . WAIVER. Failure of Purchaser or Seller to insist upon strict performance of any
covenant or condition of this Agreement, or to exercise any right herein
contained, shall not be constmed as a waiver or relinquishment for the future of
any such covenant, condition or right; but the same shall remain in full force and
effect.
20. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment
or alteration thereto, shall not be effective or binding upon any ofthe parties
hereto until it has been executed by all parties hereto.
21. ADDENDUM. Any addendum attached hereto that is signed by the parties shall
be deemed a part of this Agreement.
22. NOTICE. Whenever either party desires or is required to give notice tmto the
other, it must be given by written notice, and either delivered personally or mailed
to the appropriate address on the first page ofthis Agreement, or such other
address as is designated in writing by a party to this Agreement.
THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF ANY ATTORNEY PRIOR TO SIGNING.
IN WITNESS THEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONER
ATTEST:DANNY L. KOLHAGE,CLERK OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/ Chairperson
By:
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SECTION SIX - FORMS
PROPOSAL FORM
MoNROE COUNTY BOARD OF COUNTY
COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 1-213
KEY WESTJ FLORIDA 33040
PROPOSAL FROM:
1M IlL.} /t-M .5. PI:: .:;;G/+
4~~;:~~d~J
The undersigned, having carefully examined the Request from Proposal, and Addenda
thereto and having inspected the property, and other Contract Documents for the:
BID TO:
Requ.est for Proposal- PURCHASE OF COUNTY PROPERTY ON LONG KEY!
PARCEL ID 386360
and having carefully examined the site of the prpperty, having become familiar with all
local conditions, ha\ilng familiarized himself with Federal, State, and Local laws,
ordinances, rules and regulations affecting the property and agreeing to ingress and
egress easements to adjacent properties as deemed necessary, does hereby propose to
purchase the entire Property or a portion of the property as indicated in the attached
survey. The Purchaser must include a survey indicatino the portion of the property to be
purchased. failure to include a survey may result in the County reiectinn the proposal
from consideration.
The undersigned further certifies that he understands that the property is to be
purchased "AS IS" condition and the County does NOT warrant the condition of the
property .
The Proposal shan be furnished below in words and numbers. If there is an
inconsistency between the two the Bid in words shall control.
FOR PURCHASE: F 4 ~
--I Pl~
(fotal Base Proposal- words)
ro t!!?-
$ ~
(Total Base Proposal - numbers)
Dollars.
21
I acknowledge receipt of Addenda No.(s)
No.~Dated
No._Dated
No._Dated
No,_Dated
No._Dated
11. - Z. \-"2 DO q
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I have included the Proposal Form .)<J. the Non-Collusion Affidavit)O , the Lobbying
and. Conflict of Interest Clause-E....
In addition, ] have included a survey of the property ~( Only required if the Proposer
seeks to purchase only a portion of the property. Note: The Proposal must clearly
indicate the portion of the property that the Proposer seeks to purchase. Any STrofS in
the survey will be held against the proposer and the County may reject any Proposal
which is unclear or contains errors within.
(Check mark items above. as a reminderthattheV are ~ncluded.l
,
Mailing Address:
27/ flllil!NWltM ~'Jl6
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Date: IN 2.0/0
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(Name)
Phone Number:
(Title)
STATE OF: flcr, 0:\ c.....
COUNTY OF: H \ 0. (n', - "() c..cl:o
PERSONALLY APPEARED BEFORE ME, lh.e undersigned authority,W 1\1 \ (t rY\ <; , Pe J L L.
who, after "first being sworn by me, name of individual sign' affixed l1is/her signature in the
space provided above on this .J.b.. day of '"' \J 0. r-
. NOT. ":,-:.\.:.;;:'-.. J la Mabel Dieguez
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NON-COLLUSION AFFIDAVIT
1, WIU./J'"M S PCSC+J. of the city of UNJN c..o(Z.P4~ MDN(l.:o~Ciuu1'f..
according to law on my oath, and under penalty of perjury, depose and say that
W 1 \.L.l.Aw\ S. Pe=scti
Andlor of the firm of N I A-
the bidder making the Proposal for the project described in the notice for request for
Proposals for:
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and that I executed the said proposal with full authority to do so;
1.
STATE OF:
COUNTY OF:
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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;
Unless othelWise 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
3.
4.
No attempt has been made or will be made by the bidder to induce any other person,
partnership Of corporation to submit, or not to submit, a bid for the purpose of restricting
competition; and
The statements contained In this affidaVit are true and correct, and made with full
kn<mI'1fr aaid pro~eolI!)Oposal.
WtlM\~~~ lfcl3/~tJlO
(Signature of Bidder) Date)
5.
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PERSONALLY APPEARED BEFORE ME, the undersigned authority, W 1 \11 fA. vY\ So. \')-e .11.... h
who, after "first being s(jrn by m~ame of individual signing) ffixed isfher signature in the
space proVided above on this day of ; A,.) \J~ . 20 .
NOTARY PUB
My co~~'bfe~l DIeguez
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23
"
LOBBYING AND CONFLlCT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
"
IN JlL/frlV1 .s, pC::!' SCII-
(Company/individual)
"
"u.warrants that he/it has not employed, retained or otherwise had act on hislils 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 'ofthis provision the County may,
in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the
contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or
cen,ideration paid 'e 'he Iooner C,"nty cfficer,r emp~ L .
(Signature) I L - '
Date: , /13.~/iJ
, ,.
. '
STATE OF:
COUNTY OF:
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SUbscribed and swam to (or affirmed) before me on
(date)
by ~UJI /fW1 S.!14:5e/t-
known to me or has produced
as Identification. (Type of identific
He/She is personally
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24
MONROE COUNTY
REQUEST FOR PROPOSAL
FOR THE
PURCHASE OF COUNTY PROPERTY ON LONG KEYwPARCEL ID: 386360
MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia Murphy, District 5
Mayor Pro tem Heather Carruthers, District 3
Commissioner, Kim Wigington, District 1
Commissioner George Neugent, District 2
Commissioner, Mario Di Gennaro, District 4
COUNTY ADMINISTRATOR
Roman Gastesi
SENIOR BUDGET DIRECTOR
Tina Boan
CLERK OF THE CIRCUIT COURT DANNY L. KOLHAGE
December 2009
Prepared by:
Christine Limbert-Barrows, Assistant County Attorney
Monroe County Attorney's Office
TABLE OF CONTENTS
PAGE
NOTICE OF REQUEST FOR PROPOSAL
3
SECTION ONE
Instruction to Bidders
5
SECTION TWO
RFP Specifications
11
SECTION THREE
Sample Contract for Purchase and Sale
12
SECTION FOUR
Definitions
17
SECTION FIVE
Proposal
19
SECTION SIX
Proposal Forms
, "
21
2
NOTICE OF REQUEST FOR PROPOSALS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on January 20,
2010 at 3:00 P.M., the Monroe County Purchasing Office will open sealed proposals for the following:
PURCHASE OF COUNTY PROPERTY
ON LONG KEY - PARCEL ID 386360
MONROE COUNTY, FLORIDA
RFP-BOCC-20-345-201 0- PURlCV
The Board of County Commissioners of Monroe County, Florida, hereby requests sealed proposals from
applicants who wish to purchase County owned property on Long Key, FloridalParcel ID 386360/Alternate
Key 1470082. The County is willing to consider bids for the purchase of the entire parcel or a portion of the
parcel. The Property is offered on an "AS IS" basis. Any proposal shall comply with the laws, ordinances,
rules and regulations of the County, State and Federal government. Proposals which do not comply are
subject to rejection by the Board of County Commissioners. The,specific requirements for the proposals are
set out in the Request for Proposal.
Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at
www.demandstar.com OR http://www.co.monroecountv-fl.l!ov/D32es/msd/bids.htm or call toll-free at 1-
800-711-1712. The Public Record is available at the Purchasing Office located at the Gato Building, 1100
Simonton Street, Key West, FL 33040. Questions should be directed to Ch.r1stine Limbert-Barrows, Assistant
County Attorney, 1111 lih Street, Suite 408, Key West~ .Florida 33040 or by facsimile to (305) 292-3516.
All answers will be by Addenda.
Interested firms or individuals are requested to indicate their interest by submitting two (2) signed originals
and five (5) complete copies [total = seven (7)], of the proposal in a sealed envelope clearly marked on the
outside with the Proposer's name and "Proposal for Purchase of County Property on Long Key - Parcel
ID 386360, Monroe County, Florida ", addressed and delivered to:
Monroe County Purchasing Office
1100 Simonton Street, Room 1-213
Key West, FL 33040
Phone: (305) 292-4466
Fax: (305) 292-4465
All proposals must be received by the County Purchasing Office before 3:00 P.M. on January 20,2010.
Any proposals received after this date and time will be automatically rejected. Materials may be delivered by
Certified Mail, Return Receipt Requested, hand-delivered or couriered. Faxed or e-mailed proposals will be
automatically rejected. Hand delivered proposals may request a receipt. If sent by mail or by courier, the
above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated
above. Proposers should be aware that certain Itexpress mailll services will not guarantee specific time delivery
to Key West, Florida. It is the sole responsibility of each Proposer to ensure their proposal is received in a
timely fashion. .
3
All submissions must remain valid for a period of ninety (90) days from the date ofthe deadline for submission
stated 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 Management Services, State of Florida, under Sec.
287.133(3)(d), Florida Statute (2008). Monroe County declares that all or portions of the documents and
work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County.
In the case of a sale, the bid of the highest bidder complying with the terms and conditions set forth in such
notice shall be accepted, unless the Board of County Commissioners rejects all bids because th~y are too low.
The Board reserves the right to reject any and all proposals, to waive informalities in any or all proposals, to
re-advertise for proposals, and to separately accept or reject any item or items and to award and/or negotiate
a contract in the best interest ofthe County.
Dated at Key West, Florida, this 16th day of December, 2009.
Monroe County Purchasing Department
Publication Dates:
Reporter (Fr) 12/18/09 AND 12/25/09
Keynoter (Sa) 12/19/09 AND 12/26/09
KW Citizen (So) 12/20/09 AND 12/27/09
, .
4
SECTION ONE
INSTRUCTION TO BIDDER.S
1.01 DESCRIPTION
A. The County is seeking proposals for purchase of county property on Long
Key, Florida - Parcel ill 386360/Alternate Key 1470082. The County will also
consider proposals for purchase of a portion of the parcel. Such proposals must
include a survey giving the legal description with metes and bounds indicating the
portion of the property sought to be purchased.
The property consists of one parcel, which runs along the right of way of
Long Key Ocean Bay with an approximate land square footage of8;634.
The Legal Description is:
Long Key Ocean Bay Colony PB 3-310 SEC 1 Long Key PT Lots 1-2-3-
OR! 04-286-287 '
The Monroe County Property Appraisers Property Record Card is attached for reference.
B. Proposers should be aware:
1. Any proposal/bids shall require access easements to the adjacent
properties as deemed necessary; Parcel ill 386350, 386370, 386414; .
2. The County does not warrant the condition 'the property;
3. The property is zoned Urban Residential (OR); Future land use map
(pLUM) designation: Residential High (RH); Tier: Tier 3
4. If potential purchasers wish to purchase only a portion of the parcel; a
survey giving a legal description of the portion to be purchased must be
included with the proposal;
5. The Purchaser shall accept a quitclaim deed; and
6. any purchase of the property is offered on an "AS IS"
basis.
C. The Monroe County Property Appraiser Property Record Card is provided
herein for informational purposes only.
Proposers shall not rely on the above documents to portray the present
state of the property, nor does the County warrant the information in the
documents. Proposers should obtain their own individual surveyor other
studies as they determine necessary. Any surveys, studies, or other
material which an individual Proposer deems necessary; shall be
conducted solely at the expense of the Proposer, and shall be
conducted in a time-frame which will not postpone the sale of the
property.
5
1.02 DEFJNED TERMS
Terms used in the Instructions to Proposers are defined and have the meanings
assigned to them in the General Definitions, Section 4.
1.03 EXAMINATION OF BIDDJNG DOCUMENTS
A. Complete sets of Proposal Documents will be issued and shall be used in
preparing proposals. The COUNTY does not assume any responsibility for
errors or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of Proposal Documents may be obtained in the manner and
at the location stated in the Notice of Calling for Proposals.
C. Each Proposer shall thorougWy examine all the Proposal Documents.
Ignorance on the part of the Proposer shall in no way relieve him ofthe
obligations and responsibilities assumed under this proposal.
1.04 DISQUALIFICATION OF PROPOSERS
A. ONE PROPOSAL: Only one proposal from an individual, firm.,
partnership or corporation under the same or under different names will
be considered. In the event evidence is discovered which indicates a'
Proposer has interest in more than one proposal for the work involved, all
proposals in which such a Proposer is interested may be rejected.
B. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in
response to this invitation must execute the enclosed NON-COLLUSION
AFFIDAVIT. Ifit is discovered that collusion exists among the proposers,
the bid or proposals of all participants is such collusion shall be rejected,
and no participants in such collusion will be considered in future bids for
the same work.
1.05 EXAMINATION OF CONTRACT DOCUMENTS
A. Each Proposer shall carefully examine the RFP and other contract
documents and inform himself thoroughly regarding any and all
conditions and requirements that may in any manner affect cost and
performance under the contract, including requirements of applicable
County, State and Federal laws and restrictions. Ignorance on the part of
the Proposer will in no way relieve the Proposer who executes the
purchase/sale contract of the obligations and responsibilities assumed
under the contract.
B. Should a Proposer find discrepancies or ambiguities in, or omissions
6
from, the specifications, or should he be in doubt as to their meaning, he
shall at once notify the County in writing as required in Section 1.06.
1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Proposer as to the meaning of the contract
documents. Any written inquiry or request for interpretation received ten (10) or more
days prior to the date fixed for opening of responses 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 furnished to all known prospective Proposers prior to the established
proposal opening date on the web site www.demandstar.com or http://www.monroe-
fl.gov/uages/msd/bids.htm. Each Proposer shall acknowledge receipt of such addenda
in the space provided therefore in the bid form. In case any Proposer 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 Proposer will be bound by such addenda, whether or
not received by him. It is the responsibility of each propos~kto verify that he has
received all addenda issued before responses are opened.
1.07 PREPARATION OF PROPOSAL
Signature of the Proposer: The Proposer must sign the Proposal forms in the space
provided for the signature. If the Proposer .is an individual, the words "doing
business as II, or IISole Ownerll 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 IIMember of the Firmll should be written beneath such
signature. If the Proposer 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
Proposer shall state in the proposal the name and address of each person interested
therein and the names of each officer or member of the Board of Directors therein.
1.08 SUBMISSION OF PROPOSAL
A. Two (2) signed originals and five (5) copies of each proposal shall be
submitted.
B. The Proposal shall be submitted in a sealed envelope clearly marked on
the outside, with the Proposers name and "Request for Proposal for the
Purchase of County Property on Long Key", addressed to
the entity and address stated in the Notice of Request for Proposals, on or
before 3:00 P.M. local time on the 20th day of January, 2010. Ifforwarded
by mail or courier, the above-mentioned envelope shall be enclosed in
7
another envelope addressed to the entity and address stated in the Notice
of Calling for Proposals. Faxed or e-mailed statements of proposals shall
be automatically rejected. Proposals will be received until the date and
hour stated in the Notice of Calling for Proposals.
C. The submission of a proposal will constitute a representation by the
Proposer that he has complied with every requirement of Article 3 and that
the Bidding Documents are sufficient in scope and detail to indicate and
convey understanding of all terms and conditions.
1.09 WITHDRAWAL OF BID
Any proposal may be withdrawn prior to the time scheduled in the Notice of Calling
for Proposals for the opening thereof. All other proposals received must remain
valid for a period of ninety (90) days.
1.10 MODIFICATION OF PROPOSALS
Written proposal modification will be accepted from Proposers if addressed to the
entity and address indicated in the Notice of Calling for Proposals and received prior
to response due date and time.
1.11 RECEIPT AND OPENING OF PROPOSALS
, .
A. Proposals will be received until the designated time and will be publicly
opened and read aloud at the appointed time and place stated in the
Notice of Calling for Proposals. Monroe County's representative
authorized to open the proposals will decide when the specified time has
arrived and no proposals received thereafter will be considered. No
responsibility will be attached to anyone for the premature opening of a
proposal not properly addressed and identified.
B. Proposers or their authorized agents are invited to be present. The public
is permitted to be present. No verbal explanation or changes to the written
proposals will be allowed by any Proposer or other observer at the
opening of the Proposals. Submittals will be judged upon the written
Proposal only.
C. Any Bid not received by the Purchasing Department on or before the
deadline for receipt of bids designated in the Notice of Calling for Bids
will be returned unopened.
D. All Bids shall remain open and valid for ninety (90) days after the date
designated for receipt of Bids.
8
E. The County may, at his sole discretion, release any Bid before the
ninety (90) days has elapsed.
1.12 DETERMINATION OF SUCCESSFUL PROPOSAL
The County reserves the right to reject any and all proposals and to waive technical
errors and irregularities as may be deemed best for the interests of the County.
Proposals, 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 Proposers, and the
contract documents, may be rejected at the option of the County.
1.13 AWARD OF CONTRACT
A. The County reserves the right to reject any or all proposals, or any part of
any proposals, to waive any informality in any proposal, or to
re-advertise for all or part of the work contemplated in the best interest of
the County. If proposals are found to be acceptable by the County, written
notice will be given to the selected Proposer of the acceptance of his
proposal and of the award ofthe contract to him.
B. If the award ofthe contract is rejected, the County may award the
contract to another Proposer or the proposed sale may be re-
advertised as the County decides is'ih the best interest of the
County.
C. If a Contract is awarded, it will be awarded to the conforming responsible
Proposer, whose proposal includes the highest price, and whose proposal
has the detail necessary for the County to make an informed decision.
D. The County also reserves the right to reject the bid of a Proposer who
has previously failed to perform properly or to complete contracts of a
similar nature on time.
E. In evaluating Bids, the County shall consider whether or not the Bids
comply with the prescribed requirements in the Bidding Documents.
F. The County may conduct such investigations as it deems necessary to
assist in the evaluation of any Proposal and to establish the responsibility
and financial ability of the Proposers to the County's satisfaction within
the prescribed time.
G. The County reserves the right to reject any Proposal which does not
pass any such evaluation to its satisfaction.
9
H. If the Contract is awarded, the County will issue the Notice of Award
to the successful Proposer within ninety (90) days after the date of receipt
of bids. The County reserves the right to return all Proposals, not
make any awards, and retain the property as the Board of County
Commissioners sees fit.
1. All proposals, including the recommendation of the County Administrator
and the requesting Department Head, will be presented to the Board of
County Commissioners of Monroe County, Florida, for final awarding or
otherwise.
1.14 EXECUTION OF CONTRACT
A. The Proposer to whom a contract is awarded will be required to
negotiate specific details of a purchase contract and to
incorporate the items in the proposal that are the basis for the award of
contract. '
B. Completion of the contract to the satisfaction of the County shall be
done within Thirty (30) days of the awarding of the contract by the
BOCC, if this is not accomplished the County reserves the right to reject
the contract and go to the second Proposer or, if the County desires, to
rebid the project at a future date. .
, '
C. The Proposer shall return to the County four (4) executed counterparts
of the prescribed contract A sample contract is provided herein, but is
expected to be modified to correspond to the elements of the selected
proposal.
D. In the event the Proposer given Notice of Award fails to execute and
deliver all contract documents required above, the County may
exercise its right to contract with the next conforming responsible
proposer with the best price for the County.
10
Jroperty Search -- Monroe County Property Appraiser
Ervin A. Higgs, CFA
Properly Appraiser
Monroe County, Florida
office (305) 292-3420
fax (305) 292-3501
Property Record View
Alternate Key: 1470082 ParcellD: 00386360~OOOOOO
Ownership Details
Mailing Address:
MONROE COUNTY' FLA
500 WHITEHEAD STREET
KEY FL 33040
Property Details
PC Code: 94 - RIGHT OF WAY (ALL ROADS)
Millage Group: 500L
Affordable Housing: No
Section-Township-Range; 07-65-35
Property Location: LONG KEY
Subdivision: LONG KEY OCEAN BAY COLONY SEC 1
Legal Description: LONG KEY OCEAN BAY COLONY PB 3-130 SEC 1 LONG KEY PT LOTS 1-2-3-0R104-286-287
.- i
Show Parcel Map
Exemption
14 - COUNTYLANDS
Amount
51,804.00
land Details
Land Use Code
9400 - RIGHT OF WAY
Frontage
o
Depth
o
Land Area
8,634.00 SF
Building Summary
Number of Buildings: 0
Number of Commercial Buildings: 0
Total Living Area: 0
Year Built: 0
Parcel Value History
Certified Roll Values.
lttp://www.mcpafl.org/PropSearch.aspx
12/16/2009
lOa
~~.0p~i'~Y Detaits
PC Code: 94 - RIGHT OF WAY (ALL ROADS)
Millage Group: 500L
Affordllble Housing: No
Section-Township-Range: 07-65-35
Property Location: LONG
KEY
Subdivision: LONG KEY OCEAN BAY COLONY SEC 1
Legal Description: LONG KEY OCEAN BAY COLONY PB3-130 SEC 1 LONG KEY PT LOTS 1-2-3 OR104-286.2S7
Parcel T\,'lJ.p
lOb
Property S'earch -- Momoe County Property Appraiser
View Taxes for this Parcel.
I Roll Total Bldg Total Mise Improvement Total Land Total Just ~Market} Total Assessed School Exempt School Taxable
Year Value Value Value Value Value Value Value
: 2009 0 0 51 ,804 51,804 51.804 51.804 0
2008 0 0 51,804 51,804 51.804 51.804 0
2007 0 0 51,804 51.804 51,804 51,804 0
2006 0 0 51,804 51,804 51,804 51,804 0
2005 0 0 51,804 51 ,804 51,804 51,804 0
2004 0 0 51,804 51,804 51,804 51 ,804 0
2003 0 0 51,804 51,804 51,804 51 ,804 0
2002 0 0 51,804 51,804 51,804 51.804 0
2001 0 0 51,804 51,804 51 ,804 51.804 0
2000 0 0 51,804 51 ,804 51,804 51 .804 0
1999 0 0 51,804 51.804 51,804 51 .804 0
1998 0 0 51 ,804 51,804 51,804 51,804 0
1997 0 0 51 ,804 51,804 51,804 51,804 0
1996 0 0 51 ,804 51,804 5{804 51,804 0
1995 0 0 12,951 12,951 12,951 12,951 0
1994 0 0 12,951 12,951 12,951 12.951 0
1993 0 0 12,951 12,951 12,951 12,951 0
1992 0 0 12.951 12,951 12,951 12,951 0
: 1991 0 0 12,951 12,951 12,951 - 12.951 O'
.
: 1990 0 0 12,951 12,951 12,951 12,951 0
, .
1989 0 0 12,951 12.951 12.951 12,951 0
,
1988 0 0 12,951 12,951 12,951 12.951 0
1937 0 0 12,951 12.951 12.951 12,951 0
1986 0 0 2,237 2,237 2,237 2.237 0
1985 0 0 2.237 2.237 2,237 2,237 0
1984 0 0 2,237 2,237 2.237 2,237 0
1983 0 0 2,237 2.237 2,237 2,237 0
1982 0 0 2,237 2.237 2,237 2.237 0
Parcel Sales History
NOTE: Sales do not generally show up in our computer system lIntil about two to three months a"fter the date of sale. If
a recent sale does not show lip in this list please allow more time for the sale record to be processed. Thank YOll for
your patience and understanding.
There are no sales to display for this parcel.
This page has been visited 147.543 times.
Monroe County Property Appraiser
Ervin A. Higgs, CFA
P.O. Box 1176
Key West, FL 33041-1167
http://www.mcpafl.org/PropSearch.aspx
12/16/2009
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SECTION TWO
RFP SPECIFICATIONS
2.01 GENERAL SPECIFICATIONS
The successful Proposer is expected to provide a proposal to purchase County owned
property on Long Key, Florida! Parcel ill 386360/Alternate Key 1470082. The
successful Proposer will be expected to enter into a contract with County. The property
is offered "as is". An access easement will also be required to allow access to
adiacent property owners as deemed necessary.
Signature on the Bid Form shall constitute a commitment to the conditions additional to
purchase price, as follows:
2.02. THE PURCHASE ALTERNATIVE
A. Proposers who wish to purchase the property shall set forth,
in addition to the requirements in Section Five, the following:
1. A purchase price;
2. Proposed closing date, which shall be no longer than 30 days after
approval of the proposal by the Board of County Commissioners;
3. If the Proposer will be seeking financing, the anticipated details of.
financing and the time needed to obtain financing should be
included in the proposal. County government is prohibited by the
Florida Constitution Article VII, section 10 from pledging credit to
private entities. A proposal which anticipates the participation in
financing or other pledge of credit will be rejected;
4. Provide a statement of the anticipated use of the property;
5.. If the Proposer seeks to purchase only a portion ofthe property, the
proposal must be accompanied with a survey, which shall include a
legal description with metes and bounds indicating the portion of
the property to be purchased.
11
SECTION THREE
SAMPLE CONTRACT
3.01 SAMPLE CONTRACT FOR PURCHASE AND SALE
Below is a sample contract for information purposes and is subject to change
depending upon the proposal and discretion ofthe County. Any final contract would
have to be negotiated with the winning Proposer and may be different from the sample.
A. SAMPLE CONTRACT FOR PURCHASE AND SALE
Project: County owned property on Long Key, Florida! Parcel ill 386360/Alternate Key
1470082
Property Tax LD. #
Tms AGREEMENT is made this_ day of February, 2010, between BOARD OF
COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida, as " Seller", 1100 Simonton Street, Key West, Florida
33040, and as "Purchaser" whose address is
In consideration of the mutual promises contained herein, Seller hereby agrees to sell to
Purchaser the real property located in Monroe County, Florida, described below, together
with all improvements, easements, rights and appurtenances ("Property"), in accordance
with the provisions of this Agreement.
1. DESCRIPTION OF PROPERTY. The property which the Seller agrees to sell
and the Purchaser agrees to buy pursuant to the terms of this Agreement is that property
situated on Long Key, Monroe County, Florida, and more particularly described as:
The Legal Description is:
Long Key Ocean Bay Colony PB 3-130 SEC 1 Long Key PT LOTS 1-2-3-
ORI04-286-287
4. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price")
for the Property is DoUars ($ ) which will be paid by
Purchaser at closing. Seller hereby authorizes Purchaser to issue a certified check directly
to an escrow agent who is authorized by law to receive such payment, and who is
acceptable to Purchaser, and to require the escrow agent to pay Seller's expenses of sale
and real estate taxes.
This Total Purchase Price presumes to include the entire 8,634 square feet of land unless
otherwise stated. If the Total Purchase Price is for a portion of the property the Proposer
shall include the approximate square feet of land and a survey of the property that the
Proposer wishes to purchase.
Conveyance of the Property by Quit Claim Deed from Seller to Purchaser will take place
at the closing, in exchange for the payments to be made to Seller at closing as set forth
12
above in this paragraph.
5. INTEREST CONVEYED. At closing, Seller shall execute and deliver to
Purchaser a quit claim deed, conveying marketable title to the Property clear of all liens,
reservations, restrictions, easements, leases, tenancies and other encumbrances, except for
those that are of record and acceptable encumbrances in the opinion of Purchaser and do
not impair the marketability of the title to the Property. An access easement to adjacent
properties is required as deemed necessary.
6. PREPARATION OF CLOSING DOCUMENTS. It is the Purchaser's obligation
to prepare any documentation that the Purchaser seeks to be completed and executed by
the Seller at the closing. All prepared documents shall be submitted to the Seller for
review and approval at least 10 (ten) days prior to the Closing Date. If the Purchaser
wishes to purchase title insurance, it is the Purchaser's obligation to do so and the
purchaser must prepare and complete any documentation required by the title insurer.
7. EXPENSES. Purchaser will pay the documentary r~venue stamp tax and all other
taxes or costs associated with the conveyance, including'the cost of recording the deed
and any other recordable instruments which is deemed necessary by the parties. Except as
provided in this Agreement, each party hereto shall pay its own expenses incurred in
connection with this Agreement and the transactions contemplated hereby.
8. TAXES AND ASSESSMENTS. All real estate taxes and assessments which
- .
could have become a lien against the Property shall be satisfied of record by Seller by the
date of closing. The Seller as a governmental agency is exempt from taxation, but upon
transfer of the property the Purchaser may be accessed taxes on the property. The
Purchaser may be obligated to pay an amount equal to the current taxes prorated from the
date of transfer, based upon the current assessment and millage rates on the Property.
9. CLOSING PLACE AND DATE. The closing shall be on or before Month,
day,_201O_(fill in Date); provided, however, that if a defect exists in the title to the
Property, the closing shall occur either on the original closing date or within 20 days after
receipt of documentation curing the defects, whichever is later or agreed to by the parties.
The parties may conduct the closing at an earlier date if they are satisfied that all
conditions have been met prior to the date set herein. For purposes of the Purchaser, the
determination that the conditions have been met prior to the closing date set herein shall
require the County Administrator and County Attorney to sign approval of an earlier
closing date and the contract need not go back before the Purchaser's governing body to
reform the contract to provide the earlier closing date.
10. RISK OF LOSS AND CONDITION OF REAL PROPERTY Seller assumes all
risk of loss or damage to the Property prior to the date of closing and warrants that the
Property shall be transferred and conveyed to the Purchaser in the same or essentially the
same condition as of the date of Seller1s execution of this Agreement, ordinary wear and
tear accepted. However, in the event the condition of the Property is altered by an act of
God or other natural force beyond the control of Seller, Purchaser may elect, at its sole
13
option, to terminate this Agreement and neither party shall have any further obligations
under this Agreement. Seller represents and warrants that there are no parties other than
Seller in occupancy or possession of any part of the Property.
11. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from
the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable
notice, shall have the right to enter the Property for all lawful purposes in connection with
this Agreement. Seller shall deliver possession of the Property to the Purchaser at closing.
12. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the
default and proceed to closing, seek specific performance, or refuse to close and elect to
receive the return of any money paid. In connection with any dispute arising out of this
Agreement, including without limitation litigation and appeals, the prevailing party will
be entitled to recover reasonable attorney's fees and costs.
13. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in
the Official records of Monroe County.
14. ASSIGNMENT. This Agreement may not be assigned by either Party without the
prior written consent of the other Party.
15. TTh1E. Time is of essence with regard to all dates or times set forth in this
Agreement.
16. SEVERABllJTY. In the event any of the provisions of this Agreement are
deemed to be unenforceable, the enforceability' of the remaining provisions of this
Agreement shall not be affected.
17. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement,
Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon
Purchaser's approval of this Agreement, Purchaser and Purchaser's successors and assigns
will be bound by it. Whenever used, the singular shall include the plural and one gender
shall include all genders.
18. ENTIRE AGREEJ\.1ENT. This Agreement contains the entire agreement between
the parties pertaining to the subject matter contained in it and supersedes all prior and
contemporaneous agreements, representations and understandings of the parties. No
supplement, modification or amendment to this Agreement shall be binding unless
executed in writing by the parties.
19. WAIVER Failure of Purchaser or Seller to insist upon strict performance of any
covenant or condition of this Agreement, or to exercise any right herein contained, shall
not be construed as a waiver or relinquishment for the future of any such covenant,
condition or right~ but the same shall remain in full force and effect.
20. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment
or alteration thereto, shall not be effective or binding upon any of the parties hereto until
it has been executed by all of the parties hereto.
14
21. ADDENDUM. Any addendum attached hereto that is signed by the parties shan
be deemed a part of this Agreement.
22. NOTICE. Whenever either party desires or is required to give notice unto the
other, it must be given by written notice, and either delivered personally or mailed to the
appropriate address indicated on the first page of this Agreement, or such other address as
is designated in writing by a party to this Agreement.
TIllS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
PURCHASER
BY .'
Person Authorized to sign for Purchaser
Print Name
Date:
Witness for Purchaser
Print Name
Date:
Witness for Purchaser
Print Name
Date:
15
STATE OF Florida)
COUNTY OF Monroe)
The foregoing instrument was acknowledged before me this day of
by . He/she is personally known to me or produced
identification.
,2010.
as
(NOTARY PUBLIC) SEAL
Notary Public
(Printed, Typed or
Stamped Name of Notary
Public)
Commission No.:
My Commission
Expires:
. .
16
SECTION FOUR
GENERAL DEFINITIONS
Wherever used in this Request for Proposal or in the other contract documents the terms
below have the meanings indicated which are applicable to both the singular and plural
thereof The use of the terms "he", llhim", "himself, or "his" shall refer to male and
female persons alike and should not be construed as derogatory or discriminatory to
female persons.
4.01 DEFINITIONS
Addenda
Written or graphic instruments issued prior to the opening of bids which clarify,
correct, or change the bidding documents or the contract documents.
Agreement
The written agreement between the County and the Contractor covering the
contractual obligations to be performed; other contract documents are attached to
the agreement and made a part thereof as provided therein.
Bid
The offer, proposal, or bid of the Proposer submitted on the prescribed form
setting forth the purchase price for the property to be purchased.
Bidding Documents
The advertisement or invitation to bid, the request for proposal, instructions to
Proposers, the bid form, and the proposed contract (including all addenda issued
prior to receipt of bids).
Contract Documents
The bidding documents, agreement, addenda (which pertain to the contract
documents), the Proposer's response to the request for proposal, including
documentation accompanying the bid and any post-bid documentation submitted
prior to the notice of award) when attached as an exhibit to the agreement, and the
specifications as the same are more specifically identified in the agreement, together
with all amendments, modifications, and supplements.
Contract Price
The moneys payable by the ProposerlPurchaser to the County under the contract
documents as stated in the agreement.
Contract Time
The time the Contract shall be in force aq.d binding on the County and Proposer
from the effective date of the agreement.
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Effective Date ofthe Agreement
The date indicated in the agreement on which it becomes effective, but if no such
date is indicated it means the date on which the agreement is signed and
delivered by the last of the two parties to sign and deliver.
Laws and Regulations; Laws or Regulations.
Laws, rules, regulations, ordinances, codes and/or orders as set forth by the Federal
government, State of Florida or Monroe County Florida.
Notice of Award
The written notice to the apparent successful Proposer stating that upon
compliance by the apparent successful Proposer with the conditions precedent
enumerated therein, within the time specified, the County will sign and deliver
the agreement.
Owner
The Monroe County Board of Commissioners with whom the Contractor has
entered into the agreement and for whom the work is to be provided, also
referred to as County; there may be times when owner refers to someone other
than the County in which case the intent of the sentence shall dictate to whom the
word owner applies.
Proposal . '
The offer or proposal bid of the Proposer submitted in a format setting forth the
qualifications of the Proposer and the prices and other conditions under which
services shall be performed.
Proposer
The person, firm, or corporation who has submitted a proposal, also referred to as
the Bidder, Contractor or Purchaser.
RFP
Request for Proposal advertised by the Board of County Commissioners.
Written Amendment
A written amendment of the contract documents, signed by the County and the
Contractor on or after the effective date of the agreement.
4.02 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS:
The contract documents may be amended to modify the terms and conditions
thereof only by a Written Agreement.
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SECTION FIVE
PROPOSAL
5.01. CONTENT OF SUBMISSION
The proposal submitted in response to this RFP shall be printed on 8-112" x 11 II white
paper; shall be clear and concise and provide the information requested herein. The bid
shall be stapled and not be bound or tabbed. Statements submitted without the required
information will not be considered. Bids/Proposals 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. Each Proposer
must submit adequate documentation to certify the Proposer1s compliance with the
County's requirements. Proposer should focus specifically on the information requested.
5.02 The following information, at a minimum, shall be included in the Submittal:
A. Cover Pa2:e ,
A cover page that states "Response to Request for Purchase of County
Property on Long Key." The cover page should contain Proposer's
name, address, telephone number, and the name of the Proposer's contact
person.
B. Tabbed Sections
Tab 1. Details of the Proposed Purchase' or
A. The Purchase Alternative: Proposer who intends to purchase the
property shall describe:
1. The proposed purchase price;
2. The Proposer shall agree to accept a quitclaim deed;
3. The Proposer shall agree to an ingress and egress easement to
adjacent properties as deemed necessary.
4. The Proposer shall provide the proposed closing date,
which shall be no longer than 30 days after approval of the
proposal by the Board of County Commissioners;
5. The Proposer shall provide a survey of the property if
the Proposer only seeks to purchase a portion of the property
rather then the entire parcel. The Proposer shall indicate the
portion of the property that they seek to purchase.
Tab 2. County forms
A. Proposer shall complete and execute the forms specified below and found
at the designated pages in this RFP, signatures shall be current on all forms, dated
within thirty (30) days of the date of submission as described in Section 1.07
19
herein, and Proposer shall include them in the section tabbed 2:
Form Pa2:e
Response Form 21
Lobbying and Conflict of Interest Clause 24
Non-Collusion Affidavit 23
Tab 3. Other Information
Any other relevant information.
5.03 SELECTION CRITERIA.
A. Selection criteria to be used to evaluate proposals shall include, but not
be limited to, the criteria set forth in this Request for Proposal in addition to the
following:
1. Purchase Price to County.
2. Completeness of the proposal and attachments.
3. Agreement by the Proposer to ingress and egress easement to adjacent
properties as deemed necessary.
4. Financial integrity of the Proposer.
, .
20
SECTION SIX - FORMS
PROPOSAL FORM
BID TO:
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 1-213
KEY WEST, FLORIDA 33040
PROPOSAL FROM:
The undersigned, having carefully examined the Request from Proposal, and Addenda
thereto and having inspected the property, and other Contract Documents for the:
Request for Proposal- PURCHASE OF COUNTY PROPERTY ON LONG KEY/
PARCEL ID 386360
and having carefully examined the site of the prpperty, having become familiar with all
local conditions, having familiarized himself with Federal, State, and Local laws,
ordinances, rules and regulations affecting the property and agreeing to ingress and
egress easements to adjacent properties as deemed necessary, does hereby propose to
purchase the entire Property or a portion of the property as indicated in the attached
survey. The Purchaser must include a survey indicatina the portion of the property to be
purchased, failure to include a survey may result in the County reiectina the proposal
from consideration.
The undersigned further certifies that he understands that the property is to be
purchased "AS IS" condition and the County does NOT warrant the condition of the
property.
The Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two the Bid in words shall control.
FOR PURCHASE:
Dollars.
(Total Base Proposal- words)
$
(Total Base Proposal - numbers)
21
I acknowledge receipt of Addenda No.(s)
No._Dated
No._Dated
No._Dated
No._Dated
No._Dated
I have included the Proposal Form_, the Non-Collusion Affidavi~, the Lobbying
and Conflict of Interest Clause_,
In addition, I have included a survey of the property ( Only required if the Proposer
seeks to purchase only a portion of the property. Note: The Proposal must clearly
indicate the portion of the property that the Proposer seeks to purchase. Any errors in
the survey will be held against the Proposer and the County may reject any Proposal
which is unclear or contains errors within.
(Check mark items above. as a reminder that they are included.)
Mailing Address:
Phone Number:
Date:
Signed:
(Name)
(Title)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the
space provided above on this _ day of , 20__
NOTARY PUBLIC
My commission expires:
22
NON-COLLUSION AFFIDAVIT
I, ofthe city of
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am
And/or of the firm of
the bidder making the Proposal for the project described in the notice for 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; and
5. The statements contained in this affidaVit are true and correct, and made with full
knowledge of said project/proposal.
(Signature of Bidder)
( Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the
space provided above on this _ day of , 20_.
NOTARY PUBLIC
My commission expires:
23
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Com pa ny/individua I)
"...warrants that helit has not employed, retained or otherwise had act on his/its behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may,
in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the
contract 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
known to me or has produced
as identification. (Type of identification)
(name of affiant). He/She is personally
NOTARY PUBLIC
My commission expires:
24