Item H2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 20, 2011 Division: Growth Management
Bulk Item: Yes X No _ Department: Marine Resources Office
Staff Contact Person/Phone #: Richard Jones /289 -2805
AGENDA ITEM WORDING: Approval to advertise a Request for Proposals (RFP) for a Keys -Wide
Mobile Vessel Pumpout Service, and providing a local business preference of three points to be
assigned in the evaluation criteria for the selection process.
ITEM BACKGROUND: At the January 19, 2011 Board of County Commissioners (BOCC) meeting
staff presented a description of pumpout facilities currently available throughout the Keys and
discussed the consideration of future provisions for mobile pumpout services to more effectively
provide for the needs of the boating public. The BOCC directed staff to develop an RFP for providing
mobile vessel pumpout services. The RFP seeks proposals from respondents to provide mobile sewage
pumpout services to vessels throughout the unincorporated areas of the Florida Keys within Monroe
County.
PREVIOUS RELEVANT BOCC ACTION:
January 2011- Direction to develop an RFP for providing vessel pumpout services
CONTRACT /AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 6/2011
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Mayor Heather Carruthers District 3
Mayor pro tem David Rice, District 4
Commissioner Kim Wigington, District 1
Commissioner George Neugent, District 2
Commissioner Sylvia J. Murphy, District 5
1.01 GENERAL DESCRIPTION OF SERVICES
The Board of County Commissioners of Monroe County, Florida, (hereinafter "County ") is seeking
proposals from respondents (hereinafter "Contractor" or "Organization" or "Respondent ") to provide
mobile sewage pumpout service (Service) to vessels throughout the unincorporated areas of the Florida
Keys within Monroe County.
1.02 OBJECTIVE OF THE REQUEST FOR PROPOSALS
The County currently operates a mobile sewage pumpout vessel in the Key Largo area. The County is
seeking to outsource the pumpout operation, and expand the operation to include most or all of the
Keys' waters within unincorporated Monroe County. The County may consider contracts with
multiple Contractors based on Respondents' proposed areas of service coverage. The County
anticipates contracting Service for three years, with provision to renew for one additional two year
term.
The Service should include a sufficient number of suitably equipped pumpout vessels, vessel
operators, and management staff to pumpout liveaboard vessels (including transient/cruising vessels)
located throughout the unincorporated areas of Monroe County in the Florida Keys. Vessels served
will include those anchored -out, but may also include those docked at marina facilities. The County
may consider conveying its current pumpout vessel to the Contractor to assist in establishing the
pumpout vessel fleet. The Respondent will be responsible for seeking and acquiring the majority of
the funding for the Service from government funded programs (e.g. Florida Clean Vessel Act
Program), the private sector, or other sources as appropriate. An educational /outreach component
designed to increase public awareness and utilization of the Service to be provided is desirable. The
Respondent should consider how the proposed Service may integrate with existing federal No
Discharge Zone regulations as well as mandatory pumpout requirements (currently under
consideration).
1.03 PROPOSAL SUBMISSION REQUIREMENTS
A. All proposals must be received by the Monroe County Purchasing Office, 1100 Simonton
Street, Room 1 -213, Key West, Florida 33040, on or before 3:0012.m. on o 2011.
Two (2) signed originals and four (4) complete copies of each proposal shall be submitted in
sealed envelope marked on the outside, "Sealed Proposal for Keys -Wide Mobile Vessel
Pumpout Service ".
B. All submissions must remain valid for a period of one hundred and twenty (120) days from
the date of the deadline for submission indicated above. The Board will automatically reject
the response of any person or affiliate who appears on the convicted vendor list prepared by
the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida
Statute (1997). The Board reserves the right to reject any or all proposals, to waive
informalities in the proposals and to re- advertise for proposals. The Board also reserves the
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right to separately accept or reject any item or items of a proposal and to award and/or
negotiate a contract in the best interest of the County.
C. The County reserves the right to reject any and all responses and to waive technical errors and
irregularities as may be deemed best for the interests of the County. Responses which contain
modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions
not requested or irregularities of any kind, or which do not comply in every respect with the
Instruction to Respondents, and the contract documents, may be rejected at the option of the
County.
1.04 DISQUALIFICATION OF RESPONDENTS
Failure to complete these forms in every detail and submit them with your Response may result in
immediate disqualification of your Response.
A. NON - COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this
invitation must execute the enclosed NON - COLLUSION AFFIDAVIT. If it is discovered
that collusion exists among the Respondents, the proposals of all participants in such
collusion shall be rejected, and no participants in such collusion will be considered in future
bids for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a proposal on a
contract to provide any goods or services to a public entity, may not submit a proposal on a
contract with a public entity for the construction or repair of a public building or public
work, may not submit Proposals on leases or perform work as a contractor, supplier,
subcontractor, or CONTRACTOR under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list. Category Two: $25,000.00
C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in response
to this invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and
submit it with his bid or proposal. Failure to complete this form in every detail and submit
it with your bid or proposal may result in immediate disqualification of your bid or
proposal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or
proposal in response to this invitation must execute the enclosed LOBBYING AND
CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to
complete this form in every detail and submit it with the bid or proposal may result in
immediate disqualification of the bid or proposal.
1.05 EXAMINATION OF RFP DOCUMENTS
A. Each Respondent shall carefully examine the RFP (Request for Proposals) and other contract
documents, and inform himself thoroughly regarding any and all conditions and requirements
that may in any manner affect cost, progress, or performance of the work to be performed
under the contract. Ignorance on the part of the CONTRACTOR will in no way relieve
him of the obligations and responsibilities assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify the
COUNTY.
1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the RFP documents. Any
inquiry or request for interpretation received ten (10) or more days prior to the date fixed for opening
of proposals will be given consideration. All such changes or interpretation will be made in writing in
the form of an addendum and, if issued, will be mailed or sent by available means to all known
prospective Respondents prior to the established proposal opening date. Each Respondent shall
acknowledge receipt of such addenda in the space provided therefore in the Response Form. In case
any Respondent fails to acknowledge receipt of such addenda or addendum, his response will
nevertheless be construed as though it had been received and acknowledged and the submission of his
response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract
documents and each Respondent will be bound by such addenda, whether or not received by him. It is
the responsibility of each Respondent to verify that he has received all addenda issued before
Responses are opened.
Requests for additional information must be in writing and should be directed to Richard Jones, Senior
Administrator, Monroe County Marine Resources Office, 2798 Overseas Hwy., Florida 33050;
305/292 -2356 (fax). All such requests must be received at least ten (10) days prior to the time set for
the proposal submission and will be answered in writing to all potential Respondents, who have
requested a copy of this package, at least five (5) days prior to the time set for the proposal submission.
Respondents may not request nor rely upon any verbal representations concerning these specifications.
1.07 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying with all federal,
state, and local laws, ordinances, rules, and regulations that in any manner affect the work.
1.08 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space provided for
the signature. If the Respondent is an individual, the words "doing business as ", or
"Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at
least one of the partners must follow the partnership's name and the words "Member of the Firm"
should be written beneath such signature. If the Respondent is a corporation, the title of the officer
signing the Proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp
and evidence of his authority to sign the Proposal must be submitted. The Respondent shall state in the
response the name and address of each person interested therein.
1.09 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the response, regardless
of whether a contract award is made by the County.
1.10 COPIES OF REQUEST FOR PROPOSAL DOCUMENTS
A. Only complete sets of Request for Proposal documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of Request for Proposal documents may be obtained in the manner and at the
locations stated in the Notice of Request for Proposals.
1.11 CONTENT OF PROPOSAL
The proposal package submitted in response to this Request for Proposals (RFP) shall be typed on 8-
1/2" x 11" white paper and bound; shall be clear and concise and provide the information requested
herein. Statements submitted without the required information will not be considered. Proposals shall
be organized and sections tabbed. The Respondent should not withhold any information from the
written response in anticipation of presenting the information orally or in a demonstration, since oral
presentations or demonstrations may not be solicited. Each Respondent must submit adequate
documentation to certify the Respondent's compliance with the County's requirements. Respondent
should focus specifically on the information requested. Additional information, unless specifically
relevant, may distract rather than add to the Respondent's overall evaluation.
The response, at a minimum, shall include the following:
A. Cover Page
A cover page that reads "Proposal for Keys -Wide Mobile Vessel Pumpout Service ". The
cover page should contain Respondent's name, address, telephone number, and the name of
the Respondent's contact person.
B. Tabbed Sections
Tab 1. Respondent's approach to this project.
I. Provide a description of the project approach, including: a statement that reflects a clear
understanding of project needs based on the Objective (Sec.1.02) above, and a business
plan that details the approach.
II. Provide a preliminary budget, including primary funding sources. Describe how the
Contractor plans to generate /identify primary funding for the Service, and any other
potential funding sources, including grants.
Tab 2. Past Performance, Qualifications, and Service Description.
I. Record of performance and professional accomplishments including: a description of
similar work completed by the Contractor, any current contracts for similar work, any
outstanding accomplishments of the Contractor, and any outstanding accomplishments of
the Contractor that relate directly to this type of work.
II. Technical, educational, and training experience of the Contractor and/or assigned staff, if
the Contractor and/or any of the assigned staff are located in Monroe County, if they have
familiarity with the waters of the Florida Keys, and if they have any related experience.
III. A list of equipment/facilities /personnel that will be made available in the performance of
the project (e.g. vessels, vessel operators, associated equipment, marina facilities, pumpout
trucks, etc.). An explanation of how the Contractor foresees arrangements for acquiring
(e.g. conveyance, etc.) and utilizing the County's pumpout boat, if needed. If the County
pumpout boat is not available to the respondent for any reason, explain how this will affect
the service and cost to the County.
IV. A list of sub - contractors that may be used, in what capacity they will be used, their location,
and their experience as related to the project and familiarity with the waters of the Florida
Keys.
V. Service area. Describe the proposed service area in the County, and whether vessels
anchored -out and/or at marinas will be included in the service.
VI. Service period. Describe the proposed term of service, or service periods based on potential
funding source allocations, grant cycles, etc.
VII. Service availability. Describe the proposed availability of pumpout service (i.e. hours /days
per week), recommended frequency of pumpouts, etc.
VIII. Pumpout cost. Describe the anticipated charge for service to the customer based on
optimization of incentive for liveaboards to utilize pumpout service.
IX. Provide a start-up plan, including anticipated date of commencement of proposed service,
and/or additional costs or phasing of service.
X. Describe any education/outreach component proposed to maximize utilization of service.
XI. If the Respondent proposes to include commercial vessels in the customers to receive
service, describe how and where that service will be provided, including any criteria or
thresholds.
Tab 3. References
Each Respondent shall provide at least five (5) references for which the Respondent has provided
the same or similar services during the past three (3) years. It is preferred that the references are
from state or local governments, but private industry clients may also be used as references. Each
reference shall include, at a minimum:
Name and full address of reference organization
Name of Contact person for contract
Telephone number(s)
Date of initiation of contract with reference
Brief summary comparing the referenced services to these proposed services
Alternatively, each Respondent may submit as references: at least five (5) letters of
recommendation from local or in -state business owners who attest, in some detail, to Respondent's
knowledge and abilities regarding the proposed services.
Tab 4. Staffing
a. Respondent shall include a list of the proposed staff positions that will provide the work
required if awarded this contract.
b. If particular staff with certifications and qualifications directly related to this proposal are to be
used for the performance of services under the contract, if awarded, specify the names,
proposed job titles, and qualifications of said personnel.
c. If any of the staff shall be comprised of volunteers, specify the following: the duties which
will be carried out by volunteers, the number of volunteers, and a mechanism for assurance that
sufficient staff (total employees and volunteers) will be available dally to fulfill all of the
responsibilities of the Contractor.
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d. Describe the prerequisites to any staff, whether employed or volunteer, actually performing
duties. (What training, education, experience is the minimum acceptable for each type of
position ?)
e. Describe your turn-over rate or list the length of time each current employee has been with the
organization.
Tab 5. Respondent's Background Information.
a. There shall be submitted a list of the Respondent's shareholders with 5% or more of the stock,
or, if a general partnership, a list of the general partners; or, if a limited partnership, a list of the
members.
b. There shall be submitted a list of the officers and directors of the Respondent.
c. There shall be submitted the number of years the Respondent has been in business, and, if
different, the number of years the Respondent has provided the type of services requested.
d. There shall be submitted the number of years the Respondent has operated under its present
name and the number of years the business has operated under any other name, and such names
under which it has operated.
e. Answers to the following must be provided:
(i) Has the Respondent ever failed to complete work for which it has contracted? If so,
provide details.
(ii) Has the Respondent been a party within the last five years to a lawsuit or arbitration? If
so, provide details.
(iii) Has the Respondent ever initiated litigation against Monroe County or been sued by
Monroe County? If so, provide details.
(iv) Provide the past 2 years financial statements, including profit and loss, for the
Respondent and/or credit references to establish that Respondent has the financial
stability and capacity to provide the services required by this RFP.
f. Provide information regarding any professional or operational permits and licenses held by your
organization or key staff. Also, provide here information about the Respondent's membership,
or individual memberships, in any state or national organization that may be relevant.
Tab 6. Litigation
I. Has the respondent ever failed to complete work or provide the goods for which it has
contracted? (If yes, provide details.)
II. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding
against the respondent, or its officers or general partners? (If yes, provide details.)
III. Has the respondent, within the last five (5) years, been a party to any lawsuit or arbitration
with regard to a contract for services, goods or construction services similar to those
requested in the RFP? (If yes, the Respondent shall provide a history of any past or
pending claims and litigation in which the Respondent is involved as a result of the
provision of the same or similar services which are requested or described herein.)
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IV. Has the respondent ever initiated litigation against the County or been sued by the County
in connection with a contract to provide services, goods or construction services? (If yes,
provide details.)
V. Whether, within the last (5) years, an officer, general partner, controlling shareholder or
major creditor of the respondent was an officer, general partner, controlling shareholder or
major creditor of any other entity that failed to perform services or furnish goods similar to
those sought in the request for proposals.
Tab 7. County Forms and Licenses.
Respondent shall complete and execute the forms specified below and found in Section Three of
this RFP, as well as copies of all professional and occupational licenses:
I. Response Form
II. Lobbying and Conflict of Interest Clause
III. Non - Collusion Affidavit
IV. Drug Free Workplace Form
V. Public Entity Crime Statement
VI. Insurance and Indemnification Statement
VII. Local Preference Form (if applicable)
1.12 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and announced at the
appointed time and place stated in the Notice of Request for Proposal. Monroe County's
representative authorized to open the responses will decide when the specified time has arrived and no
responses received thereafter will be considered. No responsibility will be attached to anyone for the
premature opening of a response not properly addressed and identified. Respondents, or their
authorized agents, are invited to be present.
1.13 PROPOSAL EVALUATION AND SELECTION PROCESS
Proposals will be evaluated and selected at a publicly- noticed meeting by a Selection Committee
composed of the Monroe County Marine Resources Senior Administrator, the Monroe County Growth
Management Division Director, and the Monroe County Planning & Environmental Resources
Department Senior Director (or their designees). An additional person may be appointed by the
County Administrator. The Selection Committee will evaluate the proposals based on the following
criteria:
1. Proposed project approach and business plan (10 pts)
2. Preliminary budget, including identifiable non - County funding sources for the Service (20 pts)
3. Record of performance and general business experience of the Contractor (10 pts)
4. Technical experience, education and training of the Contractor (10 pts)
5. Equipment, facilities, and personnel to be used for the project (10 pts)
6. Familiarity of the Contractor and/or sub - contractors with related similar projects (10 pts)
7. Familiarity with the project area, and location of Contractor and/or sub - contractors within the
Keys (10 pts)
8. Ability to start-up and proposed service coverage area and/or phasing of areas (10 pts)
9. Total annual cost to the County, relative to Service proposed (10 pts)
10. Local business preference- see Local Preference Form (3 pts)
The Selection Committee will rank the proposals in order of preference and make a recommendation to
the County Commission to negotiate a contract with the selected Respondent(s). Should the County
Commission so direct, and a mutually satisfactory agreement cannot be reached between staff and the
first recommended Respondent(s), staff may negotiate with the next preferred Respondent(s) and so
forth. When staff has agreed with the Contractor(s) upon a mutually satisfactory contract, the contract
will be brought before the County Commission for final approval. No binding contract is created
between any Respondent and the County until a contract is approved by the County Commission.
1.14 AWARD OF CONTRACT
A. Due to the nature of the project, the County reserves the right to refine /complete the
Contract based on proposal responses and the direction of the Board of County
Commissioners. The County, upon selection of respondent/s and approval of the Board of
County Commissioners, will negotiate with the Contractor to further develop the Contract.
B. The County reserves the right to award separate Contracts for various areas of the Keys and
to waive any informality in any response, or to re- advertise for all or part of the work
contemplated.
C. If the award of a contract is annulled, the County may award the Contract to another
Respondent or the work may be re- advertised or may be performed by other qualified
personnel as the County decides.
D. A Contract will be awarded to the Respondent deemed to provide the services which are in
the best interest of the County, considering cost, qualifications, funding acquisition, and
other factors deemed relevant.
E. The County also reserves the right to reject the response of a Respondent who has
previously failed to perform properly or to complete contracts of a similar nature on time.
F. The recommendations of the County Administrator or his designee, will be presented to the
Board of County Commissioners of Monroe County, Florida, for final awarding or
otherwise.
G. The County shall consider preference to local businesses in making a purchase or awarding
a contract who meet the criteria for a local business as defined by Section 2 -349 of the
Monroe County Code. Individuals or firms which meet all the criteria in Section 2 -349 of
the Monroe County Code and are a responsive and responsible respondent shall receive
local preference and shall be given two points in the scoring criteria.
H. The application of local preference may be waived upon written recommendation by the
County and approval by the Monroe County Board of County Commissioners at the time of
Award of Contract. Waiver of the application of the local preference is based upon analysis
of the marketplace and in consideration of the special or unique quality of goods, services,
or professional services sought to be purchased by the County.
1.15 CERTIFICATE OF INSURANCE
The Contractor will be responsible for all necessary insurance coverage for the Keys -Wide Mobile
Vessel Pumpout Service as detailed in Section Four: Insurance Requirements. Certificates of
Insurance must be provided to Monroe County within fifteen (15) days after award of Contract, with
Monroe County BOCC listed as additionally insured on all except Workers Compensation. If the
proper insurance forms are not received within the fifteen (15) days, the Contract may be awarded to
the next selected Respondent.
Keys -Wide Mobile Vessel Pumpout Service
THIS AGREEMENT (Agreement) is entered into this day of , 20, by
and between the Board of County Commissioners of Monroe County, Florida (hereafter "County" or
"Board "), and
(hereafter "Contractor ").
WHEREAS, the County has certain objectives as directed and established by the Board of County
Commissioners, and which are consistent with, and supportive of, the federal No Discharge Zone
established by the Environmental Protection Agency; and
WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the
County that a contract for vessel pumpout services be entered into with a private provider of such
services; and
WHEREAS, Contractor desires such services;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as
follows:
I. TERM OF AGREEMENT:
This agreement shall be effective on the date above, for a period of years. The term of this
agreement shall be renewable in accordance with Section V.
II. AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS.
The County, in consideration of the Contractor substantially and satisfactorily performing and carrying
out the objectives of the County as to providing mobile pumpout service, shall pay to the Contractor
the sum of DOLLARS ($ ) per year.
If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein, this agreement may be terminated
immediately at the option of the Board by written notice of termination delivered to the Contractor.
The Board shall not be obligated to pay for any services or goods provided by the Contractor after the
Contractor has received written notice of termination. This Agreement is contingent upon an annual
appropriation by the Monroe County Board of County Commissioners.
III. SCOPE OF SERVICES:
A detailed Scope of Services is attached as Exhibit A.
IV. PAYMENT:
Payment will be made after services are rendered as follows There are
no reimbursable items.
D
After the Clerk of the Board examines and approves the request for payment, the County shall
reimburse the Contractor.
The Contractor must furnish to the County the following (prior to the payment of any invoices, items
(a) through (h) must be provided):
(a) IRS Letter of Determination indicating 501(c)(3) status (if awarded Contractor is a non - profit);
(b) List of the Organization's Board of Directors. For each board member please indicate when
elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) IRS Form 990 from most recent fiscal year for all organizations;
(e) Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers;
(f) Organization's Policies and Procedures Manual which must include hiring policies for all staff,
drug and alcohol free workplace provisions, and equal employment opportunity provisions;
(g) Cooperation with County monitoring visits that the County may request during the contract year;
and
(h) Other reasonable reports and information related to compliance with applicable laws, contract
provisions and the scope of services that the County may request during the contract year.
V. RENEWAL:
The County shall have the option to renew this agreement after the original term, for one additional
two -year period.
VI. CONTRACTOR'S LICENSE:
The Contractor shall secure, maintain and pay for any permits and licenses necessary to operate
pumpout vessels and associated equipment and infrastructure. It is the Contractor's responsibility to
maintain all permits and licenses that may be required.
By signature hereon, the Contractor warrants that it is authorized by law to engage in the performance
of the activities herein described, subject to the terms and conditions set forth in these contract
documents. Proof of such licenses and approvals shall be submitted to the County upon request. The
Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and
approvals required to conduct its business, and that it will at all times conduct its business activities in
a reputable manner.
VII. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be
independent contractors in their performance of the work contemplated hereunder. As such, the
Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges of
County employees. The provider shall at all times exercise independent, professional judgment and
shall assume professional responsibility for the services to be provided.
VIII. STAFFING:
Since this contract is a service agreement, staffing is of paramount importance. Contractor shall
provide services using the following standards, as a minimum requirement:
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A. The Contractor shall provide at its own expense all necessary personnel to provide the
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County.
B. All personnel engaged in performing services under this contract shall be fully qualified,
and, if required, to be authorized or permitted under State and local law to perform such
services.
IX. UTILITIES:
The Contractor shall be responsible for payment of any utility charges associated with the mobile
pumpout service. All utility accounts will be held in the Contractor's name.
X. CONVEYANCE OF COUNTY VESSEL (OPTIONAL):
The County shall within 60 days of execution of the Contract convey to the Contractor title and
ownership of a 27' pumpout vessel owned by the County, to be included in a fleet of pumpout boats,
acquired by the Contractor, to be utilized for the mobile pumpout service. The Contractor shall assume
all liability and responsibility for the vessel and shall utilize the vessel throughout the term of the
contract as long as it remains functional. This conveyance does not imply any future responsibility of
the County to provide a vessel or vessels to the Contractor.
XI. INDEMNIFICATION REQUIREMENTS:
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
CONTRACTOR covenants and agrees that he shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect
to, or sustained by, any indemnified parry by reason of, or in connection with, (A) any activity of
CONTRACTOR or any of its employees, agents, contractors in any tier or other invitees during the
term of this Agreement, (B) the negligence or willful misconduct of CONTRACTOR or any of its
employees, agents, contractors in any tier or other invitees, or (C) CONTRACTOR'S default in respect
of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the
claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or
sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees,
agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of
action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the
term of this Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event the work under this Agreement is delayed or suspended as a result of the Contractor's
failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from
any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided
for above.
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XII. DONATIONS AND GRANTS:
The Contractor shall issue receipts, keep appropriate records, and account separately for all donations
and grants received by Contractor. Said donations and grants shall be used by Contractor only for the
benefit of the service to be provided and may only be applied to the organization's operational mission
within Monroe County. In the case of donations solicited by third parties on behalf of the Contractor,
the donating entity must make its financial records pertaining to the donated funds available to
representatives of the Contractor and the County during regular business hours (Monday through
Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all monies collected on
behalf of the Contractor are in fact donated to the Contractor for the benefit of the Keys -Wide Mobile
Vessel Pumpout Service in Monroe County. If a prospective donating entity is unwilling or unable to
comply with the foregoing requirement, then the Contractor may not accept any donations from that
entity.
XIII. FACILITIES AND EQUIPMENT:
The Contractor hereby accepts the use of any County facilities (e.g. dockage), equipment or
infrastructure that may be provided for use in conjunction with the Keys -Wide Mobile Vessel Pumpout
Service in "as is" condition, and the Contractor shall allow the County to inspect said facilities and
equipment at any reasonable time. In addition, all operating supplies and any additional equipment
such shall be the responsibility of the Contractor.
XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS:
The Contractor hereby agrees that he has carefully examined the facilities and equipment provided by
the County and has made investigations to fully satisfy himself that such facilities and/or equipment
are suitable for this work and he assumes full responsibility therefor. The provisions of the Contract
shall control any inconsistent provisions contained in the specifications. All specifications have been
read and carefully considered by the Contractor, who understands the same and agrees to their
sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this
Contract be more strongly construed against the County than against the Contractor.
XV. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS:
The Contractor shall be responsible for the maintenance, repairs and upkeep of facilities and
equipment conveyed to, or provided for the use of, the Contractor. The Contractor shall maintain
County dockage, or other facilities, and all equipment in a clean, safe and sanitary manner.
XVI. NON - DISCRIMINATION:
County and Contractor agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Contractor agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on
13
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on
the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the
bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement
I
XVII. INSPECTION OF BOOKS AND FACILITIES /AUDIT /ACCOUNTING:
Contractor shall keep and maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives shall have reasonable and
timely access to such records of each other party to this Agreement for public records purposes during
the term of the Agreement and for five (5) years following the termination of this Agreement. If an
auditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to
this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay
the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the
monies were paid to Contractor.
In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by
an independent Certified Public Accountant; said audit shall conform to generally accepted auditing
standards and shall be submitted to the County within one hundred twenty (120) days following the
close of the Contractor's fiscal year.
The Contractor shall also allow the County to inspect the Contractor's facilities, equipment or vessels
at any reasonable time.
XVIII. PUBLIC RECORDS:
The Contractor shall comply with the Public Records laws of the State of Florida, subject to any
provisions providing exemption from disclosure.
XIX. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the County of any defect in the services furnished by the
Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this
Contract, and specifications covering the services. Any Contractor breach of this agreement shall be
governed by the article below on termination for cause.
The Contractor agrees that the County Administrator may designate representatives to visit any
facilities or offices utilized by the Contractor periodically to inspect Contractor's maintenance of
vessels and equipment. The Contractor agrees that the County Administrator may designate
representatives to visit the facilities or offices periodically to conduct random open file evaluations
during the Contractor's normal business hours.
M
XX. TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor with written
notice of termination at least sixty (60) days prior to the date of termination.
XXI. TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the performance
of any of its obligations under this agreement. Default shall include the occurrence of any one of the
following events and same is not corrected to the satisfaction of the County within fifteen (15) days
after the County provides the Contractor with written notice of said default:
a. Failure to provide pumpout services to liveaboards as described in this contract.
b. Failure to comply with local, state, or federal rules or regulations pertaining to the operation
of pumpout vessels or the handling and/or treatment of vessel waste.
c. Breach of any other term, condition or requirement of this agreement.
XXII. ASSIGNMENT:
The Contractor shall not assign or subcontract its obligations under this agreement, except in writing
and with the prior written approval of the Board of County Commissioners of Monroe County and
Contractor, which approval shall be subject to such conditions and provisions as the Board may deem
necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and
any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless
expressly provided for therein, such approval shall in no manner or event be deemed to impose any
additional obligation upon the board.
XXIII. COMPLIANCE WITH LAW:
In providing all services pursuant to this agreement, the Contractor shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate
this contract immediately upon delivery of written notice of termination to the contractor. The
contractor shall possess proper licenses to perform work in accordance with these specifications
throughout the term of this contract.
XXIV. DISCLOSURE, CONFLICT OF INTEREST, AND CODE OF ETHICS:
A. The Contractor represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect.
112.311, et. seq., Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall
notify the County of any financial interest it may have in any and all contracts with Monroe
County.
C. COUNTY agrees that officers and employees of the COUNTY recognize and will be required
to comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
15
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.
XXV. FINANCIAL RESPONSIBILITY:
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any
contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further
warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill
the terms of this contract.
XXVI. NOTICE REQUIREMENT:
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY:
Monroe County Administrator and Growth Management Director and County Attorney
1100 Simonton Street 2798 Overseas Hwy. 1111 12`" St., Suite 408
Key West, FL 33040 Marathon, FL 33050 Key West, FL 33041
ASIA -Me " TalTo] N
XXVII. TAXES:
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be
exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used
to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax
Exemption Number in securing such materials. The Contractor shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
XXVIII. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe
County. Both parties specifically waive their right to a trial by jury. This Agreement is not subject to
arbitration.
T
XXIX. PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a response on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for construction or repair of a public
building or public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list. (CATEGORY TWO: $25,000.00).
XXX. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and
warrants that:
(a) The Contractor's name in this agreement is its full name as designated in its corporate charter.
(b) He or she is empowered to act and contract for Contractor.
(c) This agreement has been approved by the Contractor's Board of Directors.
Further, Contractor shall, upon execution of this agreement, provide proof of incorporation (or a non-
profit organization) and a list of its Board of Directors.
XXXI. 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.
XXXII. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out -of- pocket \expenses, as an award against the non - prevailing party, and shall
include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate
proceedings.
XXXIII. 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.
7
XXXIV. 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.
In the event any administrative or legal proceeding is instituted against either parry 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.
XXXVI. 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.
XXXVII. NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and
the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance
coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by
the COUNTY be required to contain any provision for waiver.
XXXVIII. 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.
XXXIX. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement.
18
XL. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of COUNTY in his or her individual capacity, and no member,
officer, agent or employee of COUNTY shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
XLI. 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.
XLII. 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.
XLIII. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the County and the Contractor for the
services contemplated herein. Any amendments or revisions to this agreement must be in writing and
be executed in the same manner as this agreement.
Remainder of page intentionally left blank
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for the
other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
L- I n
(SEAL)
Attest:
By: _
Title:
By: _
Title:
STATE OF _
COUNTY OF
WITNESS
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Mayor /Chairman
CONTRACTOR
Title:
On this day of 2011, before me the person whose name is subscribed above,
and who produced as identification, acknowledged that he /she is the person who
executed the above Contract for the purposes therein contained.
Notary Public
Print Name
My commission expires:
Deputy Clerk
WITNESS
Seal
W
(FORMS TO BE SUBMITTED WITH TABBED INFORMATION- SEE SECTION 1.11)
RESPOND TO: MONROE COUNTY PURCHASING OFFICE
HISTORIC GATO CIGAR FACTORY
ROOM 1 -213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No. (s)
I have included:
• Lobbying and Conflict of Interest Clause
• Non - Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Insurance and Indemnification Statement
• Local Preference Form (if applicable)
(Check mark items above, as reminder that they are included)
In addition, I have included a current copy of the following professional and occupational licenses:
Mailing Address:
Signed:
Telephone:
Fax:
Date:
Witness:
(Name)
(Title)
21
(Seal)
• -• • •- 9h
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) by
(name of affiant). He /She is personally known to
me or has produced
as identification.
(type of identification)
NOTARY PUBLIC
My Commission Expires:
NON-COLLUSION AFF
I, of the city of
oath, and under penalty of perjury, depose and say that
a
I am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said
proposal with full authority to do so;
b. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
C. unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and
d. no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
e. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
me or has produced
as identification.
(date) by
(name of affiant). He /She is personally known to
according to law on my
(type of identification)
NOTARY PUBLIC
My Commission Expires:
23
WO .
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
(Signature)
10M
Subscribed and sworn to (or affirmed) before me on (date) by
me or has produced
(name of affiant). He /She is personally known to
as identification.
(type of identification)
•
My Commission Expires:
P4 ENTITY, CRIME STATEMENT -----------
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list."
I have read the above and state that neither (Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
I*
Subscribed and sworn to (or affirmed) before me on (date) by
me or has produced
(name of affiant). He /She is personally known to
as identification.
(type of identification)
My Commission Expires:
2.5
Respondent's Insurance and Indemnification Statement
Insurance Requirement Required Limits
Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers'
Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46
U.S.C.A. subsection 688) with limits not less than $1 Million.
The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity
Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers'
Compensation policy.
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per person
$300,000 per occurrence
$100,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per person
$300,000 per occurrence
Pollution Liability $100,000 property damage
Recognizing that the work governed by this contract involves the storage, treatment, processing, or
transporting of potentially polluting material, the Contractor shall purchase and maintain, throughout
the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property
damage, and environmental damage caused by a discharge of wastes which are governed by this
contract. The policy must specifically identify this contract and specify that coverage will extend to all
losses, claiming pollution or environmental impairment, arising out of the services governed by this
contract.
The minimum limits of liability shall be:
$1 Million per Occurrence
If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year
will be required.
The Monroe County Board of County Commissioners shall be named as an Additional Insured.
Watercraft Liability
Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft
Liability Insurance with terms no less restrictive than those found in the standard "American Institute
26
Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Injury (including death) to any Person
• Damage to Fixed or Movable Objects
• Costs Associated with the Removal of Wrecked Vessels
• Contractual Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel ", it shall be
endorsed to provide coverage for the legal liability of the shipowner.
The minimum limits acceptable shall be:
$1 Million Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P &I) shall be subject to the approval of the
County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Respondent
covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and
appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may
be asserted against, initiated with respect to, or sustained by, any indemnified parry by reason of, or in
connection with, (A) any activity of Respondent or any of its employees, agents, contractors in any tier or other
invitees during the term of this Agreement, (B) the negligence or willful misconduct of Respondent or any of its
employees, agents, respondents in any tier or other invitees, or (C) Respondent's default in respect of any of the
obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes
of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent
acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than
RESPONDENT). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses
relate to events or circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a result of
the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the
County from any and all increased expenses resulting from such delay.
In the event the work under this Agreement is delayed or suspended as a result of the Contractor's failure to
purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Respondent is for the indemnification provided for
above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the
requirements.
Respondent
Signature
27
Date
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023 -2009 must complete this form. Failure to complete this
form will result in disqualification from receiving local vendor preference.
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 copy. )
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 Signatory for
Responder
STATE OF
COUNTY OF
Print Name:
On this day of , 20 , before me, the undersigned notary public, personally appeared
, known to me to be the person whose name is subscribed above or who produced
as identification, and acknowledged that he /she is the person who executed the above Local
Preference Form for the purposes therein contained.
Notary Public
Print Name
My commission expires: Seal
28
SECTION FOUR: INSURANCE REQUIREMENTS
Respondent's Insurance and Indemnification Statement
Insurance Requirement Required Limits
Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers'
Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46
U.S.C.A. subsection 688) with limits not less than $1 Million.
The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity
Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers'
Compensation policy.
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per person
$300,000 per occurrence
$100,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per person
$300,000 per occurrence
$100,000 property damage
Pollution Liability
Recognizing that the work governed by this contract involves the storage, treatment, processing, or
transporting of potentially polluting material, the Contractor shall purchase and maintain, throughout
the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property
damage, and environmental damage caused by a discharge of wastes which are governed by this
contract. The policy must specifically identify this contract and specify that coverage will extend to all
losses, claiming pollution or environmental impairment, arising out of the services governed by this
contract.
The minimum limits of liability shall be:
$1 Million per Occurrence
If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year
will be required.
The Monroe County Board of County Commissioners shall be named as an Additional Insured.
Watercraft Liability
Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft
Liability Insurance with terms no less restrictive than those found in the standard "American Institute
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Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Injury (including death) to any Person
• Damage to Fixed or Movable Objects
• Costs Associated with the Removal of Wrecked Vessels
• Contractual Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel ", it shall be
endorsed to provide coverage for the legal liability of the shipowner.
The minimum limits acceptable shall be:
$1 Million Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P &I) shall be subject to the approval of the
County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
01
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ATTACHMENT A
Expense Reimbursement Requirements
This document is intended to provide basic guidelines to Human Service and Community -Based
Organizations, county travelers, and contractual parties who have reimbursable expenses associated
with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County
Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs to also contain the following notarized certified statement:
"I certify that the above checks have been submitted to the vendors as noted and that the
attached expenses are accurate and in agreement with the records of this organization. Furthermore,
these expenses are in compliance with this organization's contract with the Monroe County Board of
County Commissioners and will not be submitted for reimbursement to any other funding source."
Invoices should be billed to the contracting agency. Third party payments will not be considered for
reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all- inclusive. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding
these guidelines should be directed to 305- 292 -3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter - company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are attached
and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a
Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours
worked, withholding information and payroll taxes, check number and check amount. If a Payroll
Journal is not provided, the following information must be provided: pay period, check amount, check
number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement. For
overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable
expenses.
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Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The log
must define the date, number of copies made, source document, purpose, and recipient. A reasonable
fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the
finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the number
called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with
Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not
acceptable documentation for reimbursement. If attending a conference or meeting a copy of the
agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline
ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires
the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not
reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the
airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at
the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be
registered and paid for by traveler. The County will only reimburse the actual room and related bed
tax. Room service, movies, and personal telephone calls are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading
must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a
residence or office to a point of departure. For example, driving from one's home to the airport for a
business trip is not a reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state
that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for
lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement.
Non - allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures (unless
specifically included in the contract), contributions, depreciation expenses (unless specifically included
in the contract), entertainment expenses, fundraising, non - sufficient check charges, penalties and fines.
M
ATTACHMENT B
Monroe County Board of County Commissioners
Finance Department
1100 Simonton Street
Key West, FL 33040
Date
ORGANIZATION
LETTERHEAD
The following is a summary of the expenses for ( Organization name for the time period
of to
Check # Payee
Reason
Amount
101
Company A
Rent
$ X,XXX.XX
102
Company B
Utilities
XXX.XX
104
Employee A
P/R ending 05/14/01
XXX.XX
105
Employee B
P/R ending 05/28/01
XXX.XX
(A) Total
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D -C) X.XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization. Furthermore,
these expenses are in compliance with this organization's contract with the Monroe County Board
of County Commissioners and will not be submitted for reimbursement to any other funding
source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 200
who is personally known to me.
Notary Public Notary Stamp
by
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