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Item P8 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 19, 2014_ Division: County Administrator Bulk Item: Yes x No Staff Contact Person/Phone #: Natileene Cassel 292-3470 AGENDA ITEM WORDING: Approval to issue a Request for Proposals for Sale of Hickory House Property. ITEM BACKGROUND: The County Administrator has requested that an RFP be advertised for the sale of the Hickory House. It has been several months since the last RFP. PREVIOUS RELEVANT BOCC ACTION: In August 2006, the County purchased the property located at 5948 Peninsula Avenue, Stock Island, Florida. A bid from King's Pointe Marina LLC (KPM) was initially accepted, and then canceled in August 27, 2008. Subsequent RFPs were rejected by the BOCC on August 19, 2009, November 19, 2009, October 20, 2010, and September 21, 2011. In 2012 an RFP was selected but the subsequent contract was rejected by the BOCC. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: cost to advertise INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: advertising SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included xx Not Required DISPOSITION: AGENDA ITEM# MONROE COUNTY REQUEST FOR PROPOSALS FOR THE SALE OF THE "HICKORY HOUSE" PROPERTY n e MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Mayor Sylvia Murphy, District 5 Mayor Pro Tem, Danny Kolhage, District 1 Commissioner, George Neugent, District 2 Commissioner, Heather Carruthers, District 3 Commissioner, David Rice, District 4, COUNTY ADMINISTRATOR SENIOR DIRECTOR OF STRATEGIC PLANNING Roman Gastesi Kevin Madok CLERK OF THE CIRCUIT COURT Amy Heavilin April 2014 1 Prepared by: Natileene W. Cassel,Assistant County Attorney Monroe County Attorney's Office TABLE OF CONTENTS PAGE NOTICE OF REQUEST FOR PROPOSAL 3 SECTION ONE 5 Instructions to Bidders SECTION TWO 15 RFP Specifications SECTION THREE Content of Proposal 20 SECTION FOUR Sample Contract for Purchase and Sale 26 SECTION FIVE Proposal Forms 41 2 NOTICE OF REQUEST FOR PROPOSALS SECTION ONE INSTRUCTION TO BIDDERS 1.01 DESCRIPTION OF PROPERTY A. The County is seeking proposals for sale of the property previously known as the "Hickory House", located at 5948 Peninsular Avenue, Stock Island, Key West, Florida. Proposers are encouraged to provide a proposal for the purchase of the property. The property consists of two+lots with an approximate land square footage of 24,375. The Legal Description is: Lots 30, 31 and the West 1/z of Lot 32, in Square 46, according to Maloney's Subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. B. Proposers should be aware: 1. The property,buildings and dock have been vacant for several years; 2. The County does not warrant the condition the property, buildings and dock or their suitability for a specific use; 3. No portion of Peninsula Avenue is included in the legal description of the property and should not be included in any proposal for sale of the property; 4. Proposers shall not include a potential abandonment of Peninsula Avenue as part of any proposal, including use as parking, expansion, or any other portion of their Proposal; 5. The property is zoned MU, mixed use; 6. Proposers shall not include use of the bay bottom adjacent to the premises in the proposal; the County does not own the bay bottom. 7. The purchaser shall at closing accept a quitclaim deed pursuant to Florida Statutes 125.411; and 8. Any purchase of the property is offered on an "AS IS" basis. The County does not have a recent appraisal. C. The following documents are provided for informational purposes only and are available for viewing in the office of Monroe County Purchasing Department, Gato Building Room 213, at 1100 Simonton Street, Key West: 1. Report of Environmental Site Assessment: Phase 1; 2. Environmental Affidavit dated November 28, 2006; 3. Authorization to Rely on Environmental Assessment; 4. Boundary Survey dated November 21, 2006; and 5. Limited Renovation Asbestos Survey Report dated January 29, 2007. 4 Proposers shall not rely on the above documents to portray the present state of the property. The County does not warrant the information in the documents; they are available for informational and historical purposes only. Proposers should obtain their own individual survey, appraisal or other studies as they determine necessary. Any surveys, appraisals, 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. D. The County is interested in proposals which state a detailed specific intended use for the property; therefore Proposers must fully describe the proposed use for the property. E. Proposers should be aware that a Proposal will be reviewed as a final offer which will be accepted or rejected on its merits as stated in the Proposal; a Purchase and Sale Agreement will be submitted to the BOCC for approval and negotiation in accordance with the approved proposal. 1.02 DEFINED TERMS A. Wherever used in this Request for Proposal or in the other proposal documents the terms below have the meanings indicated which are applicable to both the singular and plural thereof. The use of the terms "he", "him", "himself, or "his" shall refer to male and female persons alike and should not be construed as derogatory or discriminatory to female persons. B. DEFINITIONS Addenda. Written or graphic documents issued prior to the opening of bids which clarify, correct, or change the bidding documents or the contract documents. Agreement. The written agreement/contract between the County and the chosen proposer covering the details of the contractual provisions to be performed; other contract documents may be 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 prices and other considerations. Board of County Commissioners. Elected policy makers for the County, also referred to as BOCC. BOCC. The Board of County Commissioners meeting in a publically noticed meeting. Contract Documents. The Request for Proposal, bidding documents, Purchase and Sale Agreement as approved by the BOCC 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 5 the notice of award)the specifications more specifically identified in the agreement, together with all amendments, modifications, and supplements. Contract Price. The moneys payable by the Proposer to the County under the contract documents as stated in the agreement. Contract Time. The time the Contract shall be in force and binding on the County and/Proposer from the effective date of the agreement. Effective Date of the 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. Generally refers to the Monroe County Board of Commissioners; 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,proposal, or 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. Proposal Documents. The original RFP, the advertisement, the responses to RFP received. After entry into a contract Proposal Documents may be considered as part of the contract if so indicated in the contract. Proposer. The person, firm, or corporation who has submitted a proposal, also referred to as the Bidder or Contractor. Purchase and Sale Agreement. The document negotiated by the County and the purchaser which sets forth the county's requirements and the details in the proposal and which shall be used to complete the closing on the property. Also referred to as the contract. 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 Proposer on or after the effective date of the agreement. 1.03 EXAMINATION OF BIDDING DOCUMENTS, SITE VISIT AND PRE- BID MEETING A. Complete sets of Requests for 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 Request for Proposal Documents may be obtained in the 6 manner and at the location stated in the Notice of Calling for Proposals. C. Each Proposer shall thoroughly examine all the Requests for Proposal Documents. Ignorance on the part of the Proposer shall in no way relieve him of the obligations and responsibilities assumed under this proposal. D. Submitted Proposals MUST include an Insurance Agent Statement and a completed Insurance Checklist, and any requirements set forth in the Instructions to Bidders, Proposal Contents and Proposal Forms. E. A onetime mandatory pre-bid meeting will be held on , , 2011 at P.M. at the property. Proposers or their representatives must be present; non-attendance at the pre-bid meeting shall be cause for automatic rejection of the proposal. A tour of the Property will be conducted at that time by County staff for the benefit of Proposers. County staff will not answer questions verbally at the pre-bid meeting. Any questions which may arise at the pre-bid meeting shall be submitted in writing pursuant to Section 1.07 below. If the County determines that any written questions require official additions, deletions, or clarifications of the Request for Proposal, the County will issue a written summary of questions and answers or an addendum to this Request for Proposals as the County determines is appropriate. No oral representations or discussions, which may take place at the pre-proposal meeting, will be binding on the Department. 1.04 QUALIFICATIONS OF PROPOSERS (TO BE SUBMITTED WITH PROPOSAL) A. Each proposal must contain evidence of the Proposer's qualifications, as set out in Section 1.04B, to do business of the type delineated in the proposal and in the Florida Keys. This evidence shall be attached under Section 3.02B, Tab 1, Executive Summary. B. The County is interested in proposals which state a detailed and specific intended use for the property. These proposals should explain the financial arrangements necessary to accomplish the Proposer's goal. All proposals shall conform to the requirements of this Request for Proposal, under Section 3.02, Tab 2. While the County encourages Proposers to submit any legitimate proposal, all proposals shall include specific details regarding the anticipated use. C. At the discretion of the County, and depending upon the details of the Proposal, a bond may be required in the type and amount determined by the County. The winning Proposer shall be notified of the necessity of a bond in the Notice Award. All Proposers should be aware that a bond may be required at the execution of the contract. D. The County retains the right to reject any and all proposals. 1.05 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 7 in which such a Proposer is interested may be rejected. B. A proposal may be rejected if the Proposer misstates or conceals any material fact in the proposal. C. A proposal may be rejected if the Proposer does not strictly conform to the law and requirements of the Request for Proposal. D. 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. 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. 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 Instructions to Proposers, the Proposal Contents, the required forms or other requirements of the Request for Proposals may be rejected at the sole option of the County. F. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the proposers, the 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. G. 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 bid or proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 H. 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. 1.06 EXAMINATION OF REQUEST FOR PROPOSAL DOCUMENTS A. Each Proposer shall carefully examine the RFP and other documents enclosed 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 8 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 from, the specifications, or doubt as to their meaning, Proposer shall at once notify the County in writing as required in Section 1.07. 1.07 INTERPRETATIONS, CLARIFICATIONS,AND ADDENDA A. No oral interpretations will be made to any Proposer as to the meaning of the contract documents. No Proposer may seek to verbally contact the County with inquiries. All inquiries shall be in writing. B. 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 webs itewww.de andstar.com or h11p-//www.monroe- fl.gov/12age /msd/bids.htm. C. 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. D. 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 Proposer to verify that he has received all addenda issued before responses are opened. 1.08 GOVERNING LAWS AND REGULATIONS A. The Proposer 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 or project upon which he bases his proposal. B. The Proposer shall include in his proposal prices all sales, consumer, use, and other taxes required to be paid in accordance with the law of the State of Florida and the County of Monroe, including but not limited to documentary stamps. Monroe County BOCC is tax exempt from all local, state, and federal sales taxes. All proposals shall include any modifications, necessary to make the building ADA accessible under the Federal and State laws. C. Proposer will not be compensated under the contract or lease for changes necessitated by noncompliance with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. 1.09 PREPARATION OF PROPOSAL 9 A. 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 or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If 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. B. The Proposer shall state in the proposal the name and address of each and every person with a financial interest therein and the names of each officer or member of the Board of Directors therein, as required under Section 3.02. 1.10 SUBMISSION OF PROPOSAL A. Two (2) signed originals and three (3) 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 Sale of the"Hickory House"Property, 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 day of , 2014. If forwarded by mail or courier, the above-mentioned envelope shall be enclosed in 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. Each Proposer shall submit with his proposal the required evidence of his qualifications and experience, as outlined in Section 1.04 and 3.02. D. The submission of a proposal will constitute a representation by the Proposer that he has complied with every requirement of Section 3 and that the Request for Proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 1.11 WITHDRAWAL OF PROPOSAL 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. 1.12 MODIFICATION OF PROPOSALS A Proposal may not be modified, withdrawn, or canceled by the Proposer during the stipulated time period following the time and date designated for the receipt of Bids, except as provided below. 10 Prior to the time and date designated for receipt of Proposals, any Proposal submitted may be modified by delivery to Monroe County Purchasing Department of a complete Proposal as modified. All envelopes shall be marked "Modified Proposal". Delivery shall comply with requirements for the original bid. 1.13 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. Proposals will be judged on their content and not simply on the basis of price. C. Any proposal 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 proposals shall remain open and valid for ninety (90) days after the date designated for receipt of Bids. E. The County may, in its sole discretion, release any proposal before the ninety (90) days has elapsed. 1.14 FINAL DETERMINATION OF SUCCESSFUL PROPOSAL A. This Request for Proposals is for the purchase of real estate. A final determination will be made solely at the discretion of the BOCC, as to the responsiveness and completeness of the proposals. B. 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. C. Following the receipt of proposals, a selection committee will meet in a noticed public meeting to review the proposals. The committee will determine if the proposals for purchase conform to the Request for Proposal, rank the submittals in order of preference and make a recommendation to the BOCC. The committee shall consist of a staff member from Project Management, a staff member from Public Works, and a staff member from OMB. The final selection is in the sole discretion of the BOCC. The BOCC may choose to reject any or all proposals. C. The selection committee recommendations shall be forwarded to the BOCC . D. If a proposals is recommended by the committee, notice will ll be given to the selected Proposer of the time when the proposal will be placed on the BOCC agenda for approval. The Contract shall be negotiated based on the terms required by the County and of the terms of the selected Proposal. E. In evaluating proposals, the County shall consider the qualifications of the proposers and whether or not the proposals comply with the prescribed requirements in the Proposal 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, qualifications, and financial ability of the Proposers to the County's satisfaction. The County reserves the right to reject any proposal which does not pass any such investigation to its sole satisfaction. I. If a 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 BOCC sees fit. J. At the time of consideration the Board of County Commissioners will be provided with a copy of all the proposals, including those recommended by the selection committee. 1.16 SELECTION PROCESS A. The BOCC shall first consider the complying proposals for purchase of the Hickory House and shall accept or reject all the proposals in their sole discretion. B. If all of the proposals for purchase are rejected by the Board of County Commissioners as being non-compliant or as too low in price, the Board of County Commissioners shall reject all Proposals. C. If a selection is made County staff shall proceed to negotiate an agreement for purchase and sale with the selected proposer. 1.17 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 any terms required by the County as well as 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 Sixty (60) 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 together with the required certificates of insurance, if required under the contract, within fifteen (15) days from the date of notice of acceptance of the proposal. Necessary down payments, required bid bond or initial rental payments shall accompany the executed contract. 12 D. In the event the Proposer given Notice of Award fails, for whatever reason, to execute and deliver all contract documents required above, the County may exercise its right reject all proposals, to contract with the next conforming responsible proposer with the best price for the County or, if the County desires, to rebid the project at a future date. 13 SECTION TWO RFP SPECIFICATIONS 2.01 GENERAL SPECIFICATIONS A. It is important to note that the County seeks a proposal for purchase which will return the most money to the citizens of the county. B. The successful Proposer is expected to provide a proposal to purchase the premises previously known as the "Hickory House". The successful Proposer will be expected to enter into a contract with County. The property is offered "as is". C. Proposer shall be expected to obtain all necessary state, federal and local permits for the proposed use of the property. Signature on the Proposal Form shall constitute a commitment to investigate and abide by all applicable codes, and other requirements from the state, federal and local governments for the proposed property improvements. 2.02. THE PURCHASE REQUIREMENTS 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 offered by Proposer; 2. Amount of down payment, which shall be due upon the execution of the contract by the Proposer and the BOCC; 3. Proposed closing date, which shall be no longer than 90 days after approval of the proposal by the Board of County Commissioners; 4. 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 by the County will be rejected; 6. Provide a detailed statement of the anticipated use of the property; 7. Provide a graphic representation of the anticipated use of the property, including anticipated parking areas, ingress and egress, building modifications property, compliance with ADA requirements and the impact of the use on the surrounding neighborhood and any other information which will assist the County in understanding the Proposer's anticipated use of the property; and 8. The Proposal which provides the most specific the details, including adherence to appropriate permitting and compliance with County, State and Federal laws, will assist the County in its election process. 9. The deed is subject to restrictions concerning the use of the 14 property or restrictive covenant as required by the County in the purchase and sale agreement, and shall include a right of reverter should the purchaser not comply with the restrictive covenants. 10. All proposals shall comply with County, Federal and State law including zoning,permitting and land use regulations. C. INDEMNIFICATION. The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless form defects on the property and agrees to take the property "As Is". The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Proposer or any of its officers, employees, servants or agents, heirs or assigns, invitees, occasioned by the negligence, errors, or other wrongful act or omission of the Proposer, its officers, employees, servants or agents, invitees, heirs or assigns. In the event that the agreement is delayed or suspended as a result of the Proposer's failure to purchase or maintain the required insurance, the Proposer shall indemnify the County from any and all increased expenses resulting from such delay. 15 SECTION THREE CONTENT OF PROPOSAL 3.01. CONTENT OF SUBMISSION A. The proposal submitted in response to this RFP shall be printed on 8-1/2" x I white paper; shall be clear and concise and provide the information requested herein. B. The proposal shall be stapled and not be bound. C. The Proposal shall contain a cover page, and eight(8)tabbed sections as set forth below in section 3.02. D. Statements submitted without the required information will not be considered. E. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, there will be no oral information or demonstrations allowed. F. Each Proposer must submit adequate documentation to certify the Proposer's compliance with the County s requirements. Proposer should focus specifically on the information requested. 3.02 The following information, at a minimum, shall be included in the Submittal: A. Cover Pate A cover page that states "Response to Request for Sale of the "Hickory House"Property." 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. Executive Summary The Respondent shall provide a history of the firm or organization, and particularly include projects that are similar in nature to the services requested in the RFP. The Respondent shall provide a narrative of the firm's qualities and capabilities Tab 2. Relevant Experience The Proposer shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope and size to the proposed use of the Hickory House property. Each proposal must contain specific verifiable evidence of the Proposer's qualifications to do business of the type delineated in the proposal. Tab 3. References and Past Performance on Similar Projects Each Proposer shall provide a list of past projects in the last five (5) years, with dates of project completion and at least three (3)written references of a Florida local government or other entities for which the Proposer has provided the same or similar services during the past five (5) years. Each reference and the list of past projects shall include, at a minimum: -Name and full address of referenced project and organization -Name and telephone number of contact person for past project 16 -Date of initiation and completion for referenced project -Brief summary of the project and services comparing the referenced services to these proposed services -List of ongoing and pending projects and anticipated date of completion -List of projects which Proposer has not completed for any reason, including the name of the project and a contact person along with contact information, and a paragraph giving the reason for not completing the proj ect. Tab 4. Services Proposer shall provide a listing of all the services, with specific descriptions of the service to be offered under the agreement, that will provide the selection committee and the BOCC with insight about the qualifications, fitness, and abilities of the Proposer. Tab 5. Details of the Proposed Purchase or Proposer who intends to purchase the property shall describe: 1. The proposed purchase price; 2. The amount of down payment, to be paid at the execution of the Contract; 3. The winning proposer shall agree to accept a quitclaim deed pursuant to Florida Statute Section 125.411; 4. The Proposer shall agree to pay for a survey,dock stamps, and insurance; 3. The Proposer shall provide the proposed closing date, which shall be no longer than 90 days after approval of the proposal by the Board of County Commissioners; 4. If the Proposer will be seeking financing, the proposal shall include anticipated details of financing and the time needed to obtain financing should be included in the proposal, Proposer should be aware that the County cannot participate in financing; 5. The proposers acknowledge by submission of a proposal that County government is prohibited by the Florida Constitution Article VII, section 10 from pledging credit to private entities. A proposal which anticipates the County participation in financing or other pledge of credit will be rejected; 6. The Proposer shall provide a current financial statement of the Corporation, individual(s) and any other entity or individual(s), who will be involved in the financing, and/or the operation of the business proposal, there shall be no silent partners and all interested parties must be divulged; 7. The proposer shall provide a list of the names, addresses and telephone numbers of all owners, officers, directors,partners and members of the Board of Directors, or all persons with an ownership interest in the business entity; 8. The proposer shall provide a plan for renovation and demolition to the fixtures; 9. The proposer shall provide a detailed statement of the 17 anticipated use of the property, including the impact on the surrounding neighborhood; 10. The proposer shall provide a graphic representation of the anticipated use of the section, including anticipated parking areas, ingress and egress, building modifications property, compliance with ADA requirements and any other information which will assist the County in understanding the Proposer's anticipated use of the property; 11. The Proposer shall provide suggested clauses for the purchase and sale agreement that are of importance to the Proposer, with the understanding that acceptance of the Proposal by the County will not guarantee the inclusion of these details in the contract. 12. The County is open to creative proposals for the property; however the proposal which provides the most specific the details, including the realities of permitting, will assist the County in its selection process, and therefore details are important. Tab 6. Financial Information and Litigation The Respondent will provide the following information: (1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different,the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar proj ects); (4) The number of years the person or entity has operated under its present name and any prior names; (5) A print out of the "Detail by Entity Name" screen from the Respondent's listing in www.sunbiz.org; (6) A copy of the Respondent's Annual Report that is submitted to the Florida Secretary of State; (7) Answers to the following questions regarding claims and suits: a. Has the person,principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes,provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person,principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes,provide details; 18 C. Has the person,principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes,provide details; d. Has the person,principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners,partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? If yes,provide details; e. Whether, within the last five years, the owner, an officer, general partner,principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; (8). Customer references (minimum of three), including name, current address and current telephone number; (9). Credit references (minimum of three), including name, current address and current telephone number; (10). Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity; and (11). Any financial information requested by the county department involved in the competitive solicitation,related to the financial qualifications, technical competence,the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible. Tab 7. County forms A. Proposer shall complete and execute the forms specified below and found at the designated pages in this RFQ, signatures shall be current on all forms, dated within thirty (30) days of the date of submission as described in Section 1.0913 herein, and Proposer shall include them in the section tabbed 8: Form Page Proposal Form for Purchase 4 Non-Collusion Affidavit 46 Lobbying and Conflict of Interest Clause 47 Drug Free Workplace Form 48 Public Entity Crime Statement 49 Proposer's Insurance and Indemnification Statement 50-53 Insurance Agent's Statement 54 19 Request for Waiver 55 Insurance Requirement for Submitting 57 Proposal Sample Local Preference 58 Sample Bid Bond 59 B. Proposer shall produce evidence of proper licensing to perform the services described herein. Copies of all professional and occupational licenses shall be included in this section. Tab 8. Other Information Provide any additional information, which will present evaluators with insight about the qualifications, fitness and abilities of Proposer. 3.03 SELECTION CRITERIA. The selection committee shall use the following point system to assist in its evaluation for the purpose of making a recommendation to the BOCC. The point system is not the final determination for selection of a proposal;the final decision will be determined by the Board of County Commissioners. A. Each TAB section listed above in section 3.02 will be given points used to score and evaluate firms and individuals. The point structure is as follows: SECTION MAXIMUM POINTS TAB 1 4 TAB 2 8 TAB 3 12 TAB 4 20 TAB 5 40 TAB 6 10 TAB 7 5 TAB 8 1 TOTAL 100 B. Please note that a proposal may be rejected as non-conforming, in which case the amount of points will become irrelevant to the final selection. In addition to the points as set out above, the evaluation of proposals shall include, but not be limited to, the criteria set forth in Section 1.14 and other sections of this RFP in addition to the following: 1. Purchase Price to County or rental income to County. 2. Completeness of the proposal and attachments. 3. Past record of performance and experience with the County or other jurisdictions. 4. Competence and experience of Proposer. 5. Financial integrity of the Proposer. 6. Financial viability of the proposal. 7. Benefit of the proposal to the neighborhood and County in general; 8. Best interest of the County. 20 SECTION FOUR SAMPLE CONTRACTS 3.01 SAMPLE CONTRACTS: Sample contracts for Purchase and Sale are provided here are for informational purposes only. Any final contract will be negotiated upon selection of a specific proposal; therefore any final contract would have to be negotiated based upon selected proposal and may be different from the sample. The final contract is subject to the approval of the Board of County Commissioners. A. SAMPLE CONTRACT FOR PURCHASE AND SALE Project: Hickory House Property Tax I.D. # THIS AGREEMENT is made this day of 2011,between BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, as " Seller", Roman Gastesi, County Administrator, 1100 Simonton Street, Room 2-205, Key West, Florida 33040, and as " Purchaser" whose address is 1. 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. 2. 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 Stock Island, Monroe County, Florida, and more particularly described as: 5948 Peninsular Avenue, Stock Island,Key West,Fl.33040 aka 5948 Maloney Avenue, Stock Island,Key West,Fl.33040 The Legal Description is: Lots 30, 31 and the West V2 of Lot 32, in Square 46, according to Maloney's Subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat Book 1,Page 55, of the Public Records of Monroe County,Florida. 3. DOWN PAYMENT. A down payment in the amount of ($ ) shall be paid to the Board of County Commissioners by the Purchases within 24 hours of the formal approval of the award of contract by the Board. The down payment shall be held by the clerk of court until the closing on the contract for Purchase and sale at which time it shall be paid to the Board of County Commissioners as a part of the purchase price. 4. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price") for the Property is Dollars ($ )which will be paid by Purchaser at closing. Seller hereby authorizes Purchaser to issue a certified check directly to an escrow agent who is 21 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. 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 above. 4.A. ENVIRONMENTAL SITE ASSESSMENT. Seller purchased the property in November, 2006, and obtained at that time an update to an existing Phase 2 Environmental Assessment Report with proof of remediation. Since the purchase, the property has been closed pending proposed development. Seller makes no warranty as to the present condition or the buildings, fixtures, improvements or appurtenants; the property is offered in an "as is" condition. Purchaser may, at his own expense, obtain an environmental assessment, which shall be for the use of the Purchaser only but shall not be used to require the County to provide a cleanup of the property. The Purchaser shall have days to conclude its assessment, should he choose to have one done prior to closing. 4.13. HAZARDOUS MATERIALS. In the event that the Purchaser obtains an environmental site assessment which confirms the presence of Hazardous Materials on the Property,Purchaser, at its sole option, may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. Should Purchaser elect not to terminate this Agreement, Purchaser shall, at its sole cost and expense after the closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials ("Environmental Law"). 5. SURVEY. Seller has provided to Purchaser a boundary survey of the Property prepared by a professional land surveyor licensed by the State of Florida for the November, 2006 closing on the purchase of the Property. Seller shall not be required to provide any further survey, Purchaser may obtain at his sole cost a more recent survey if he wishes to do so. 6. TITLE INSURANCE. Seller shall, at least days prior to the Closing Date, furnish to Purchaser a copy of the following documents provided by the previous owner prior to the November 2006 closing: marketable title insurance commitment and an owner's marketable title insurance policy (ALTA Form "B") from a title insurance company, insuring marketable title to the Property in the amount of the Purchase Price. Purchaser, at its own expense, may obtain at his expense an updated title insurance policy. 7. DEFECTS IN TITLE. If the title insurance commitment or survey furnished to Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the defects in title within the time provided therefore, including the bringing of necessary suits. If Seller is unsuccessful in removing the title defects within said time, Purchaser shall have the option to: (a) accept the title as it then is with no reduction in the Total Purchase Price, (b) extend the amount of time that Seller has to cure the defects in title if agreed to by Seller, or (c) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. 8. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Purchaser a quit claim deed, conveying the interest of the county in the property, to the Purchaser. Pursuant to Florida Statute 125.411 the county shall not be deemed to warrant the title or to represent any state of facts concerning the Property. 22 9. PREPARATION OF CLOSING DOCUMENTS. To be determined. 10. PURCHASER REVIEW FOR CLOSING. TO be determined 11. EXPENSES. To be determined 12. 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. In the event the Purchaser acquires title to the Property between January 1 and November 1, Seller, being exempt from taxation, shall have no obligation in accordance with Section 196.295, Florida Statutes, to place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer,based upon the current assessment and millage rates on the Property. 13. CLOSING PLACE AND DATE. The closing shall be on or before provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any other documents required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later. 14. 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 excepted. 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 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. 15. 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 the this Agreement. Seller shall deliver possession of the Property to the Purchaser at closing. 16. ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads or valid,recorded easements that benefit the Property. 17. 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. 18. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the Official records of Monroe County. 19. ASSIGNMENT. This Agreement may not be assigned by either Party without the prior written consent of the other Party. 20. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 23 21. SEVERABILITY. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 27. 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. 28. SURVIVAL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 8 of this Agreement and Local Government's possession of the Property. 29. COMPLIANCE WITH ADA. Purchaser will not be compensated under the contract for changes necessitated by noncompliance with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. 30. DUTY OF PURCHASER. Purchaser shall have days from execution of this Contract to obtain the appraisals and to determine the Maximum Approved Purchase Price as discussed in Paragraph 3. Purchaser acknowledges that Seller purchased the property in November, 2006, and obtained at that time an update to an existing Phase 2 Environmental Assessment Report with proof of remediation. Since the purchase, the property has been closed pending proposed development. Seller makes no warranty as to the present condition or the buildings, fixtures, improvements or appurtenants; the property is offered in an "as is" condition. Purchaser may, at his own expense, obtain an environmental assessment, which shall be for the use of the Purchaser only but shall not be used to require the County to provide a cleanup of the property. The Purchaser shall have days to conclude its assessment, should he choose 24 to have one done prior to closing. In the event that the Purchaser obtains an environmental site assessment which confirms the presence of Hazardous Materials on the Property,Purchaser, at its sole option, may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. Should Purchaser elect not to terminate this Agreement, Purchaser shall, at its sole cost and expense after the closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials ("Environmental Law"). THE COUNTY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. THIS 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) BOARD OF COUNTY COMMISSIONERS ATTEST:DANNY L.KOLHAGE,CLERK OF MONROE COUNTY,FLORIDA By By Deputy Clerk Mayor/Chairperson WITNESS FOR PURCHASER PURCHASER 1) BY Witness signature Person Authorized to sign for Purchaser Print Name Date Print Name 2) Date: Witness signature Print Name Date: ADD NOTARY HERE 25 ADDENDUM (IMPROVEMENTS/PURCHASER) A.Radon Gas.Radon is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.Additional information regarding radon and radon testing may be obtained from your county public health unit.This notice is being provided in accordance with Section 404.056(8), Florida Statutes.Purchaser may,at its sole cost and expense,have the buildings that will remain on the Property inspected and tested for radon gas or radon progeny by a qualified professional properly certified by the Florida Department of Health and Rehabilitative Services.If radon gas or radon progeny is discovered,Purchaser shall have the option to either: (a)accept the Property as it then is with no reduction in the Purchase Price or(b)terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. B. Wood Destroying Organisms Inspection Report. Purchaser may, at its sole cost and expense, obtain a Wood Destroying Organisms Inspection Report made by a state licensed pest control firm. Purchaser shall pay for the inspection. Purchase acknowledges that he is purchasing the property and all fixtures of whatever nature in "as is" condition. C. Maintenance of Improvements. Seller offers the property and the roofs, doors, floors, steps, windows, exterior walls, foundations, all other structural components, major appliances and heating, cooling, electrical and plumbing systems on all improvements that will remain on the Property in"as is"condition. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST:DANNY L.KOLHAGE,CLERK OF MONROE COUNTY,FLORIDA By By Deputy Clerk Mayor/Chairperson WITNESS FOR PURCHASER PURCHASER 1) BY Witness signature Person Authorized to sign for Purchaser Print Name Date Print Name 2) Date: Witness signature Print Name Date: STATE OF Florida) COUNTY OF Monroe) The foregoing instrument was acknowledged before me this day of 2009, by .He/she is personally known to me or produced as identification. Commission No. My Commission Expires: Notary Public 26 SECTION FIVE— FORMS All forms in this section shall be completed and attached to the Proposal under Tabbed Section 7. 27 PROPOSALFORM TO BE USED FOR PROPOSAL TO PURCHASE 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, the legal description and premises and other Request for Proposal Documents for the: Request for Proposal—FOR PURCHASE OF HICKORY HOUSE PROPERTY and having carefully examined the site of the property, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability Federal, State, and Local laws, ordinances, rules and regulations affecting the property, does hereby propose to purchase the Property. The undersigned further certifies that he has personally inspected the actual location of the property and buildings, dock, fences, fixtures and appurtenances thereto, together with the local sources of supply and that he understands the conditions under which purchase is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned further certifies that he understands that the property is to be purchased in "AS IS" condition and the County does NOT warrant the condition of the property or any buildings, dock, fences, fixtures and appurtenances thereto. The Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two the Proposal in words shall control. FOR PURCHASE: Dollars. (Total Base Proposal- words) (Total Base Proposal — numbers) $ Dollars 28 (Down Payment —words to be paid upon approval of the award by the Board of County Commissioners (Down Payment in numbers) 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 Affidavit , the Lobbying and Conflict of Interest Clause , the Drug-Free Workplace Form_, a Public Entity Crime Statement . In addition, I have included a certified copy of Monroe County Occupational License , Copy of other pertinent licenses ,Insurance Requirements— Hold Harmless Statement and an Insurance Agent's Statement. (Check mark items above, as a reminder that they are included.) Mailing Address: Phone Number: Date: Signed: (Name) (Title) Witness: (Seal) 29 NON-COLLUSION AFFIDAVIT I, of the city according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am 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 that said project. (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: 30 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) ... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this 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 (name of affiant). He/She is personally known to me or has produced as identification. (Type of identification) NOTARY PUBLIC My commission expires: 31 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidders Signature Date 32 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list." I have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 33 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 34 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR SERVICES BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statues. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 35 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR SERVICES BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 36 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR SERVICES BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $ 100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $ 100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 37 INSURANCE AGENT'S STATEMENT I have reviewed the insurance requirements with the proposer named herein. The following deductibles apply to the corresponding policy. Policy Deductibles Liability policies are Occurrence Claims Made Insurance Agency Signature 38 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured — If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has not been granted the authority to waive this provision. And • The Indemnification and Hold Harmless provisions Waivinq of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. 39 MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: 40 INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS Worker's Compensation $ 100,000 Bodily Injury by Acc. $ 500,000 Bodily Inj. by Disease, policy limits $ 100,000 Bodily Inj. by Disease, each emp. General Liability, including $ 300,000_ Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability $ 50,000 per Person (Owned, non-owned and hired vehicles) $100,000 per Occurrence $ 25,000 Property Damage $100,000 Combined Single Limit Professional Liability Insurance Professional liability including errors $1,000,000 per Occurrence and omissions The Monroe County Board of County Commissioners shall be named as Additional insured on all policies issued to satisfy the above requirements except Workers' Compensation and Professional Liability insurance. 41 SAMPLE LOCAL PREFERENCE FORM A.Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Responder Date: 1.Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish 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 Print Name: Signature and Title of Authorized Signatory for Bidder/Responder STATE OF COUNTY OF 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 42 Sample BOND (required in the discretion of the Board of County Commissioners upon award of contract) KNOW ALL MEN BY THESE PRESENTS, that we (Here insert name and address or legal title of Contractor) as Principal,hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety,hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee,hereinafter called the Obligee,in the sum of Dollars ($), for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for(Here insert full name, address and description of project) NOW, THEREFORE,if the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contact with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Any action instituted by a claimant under this bond must be in accordance with the notice and time limitations provisions in Section 255.05(2), Florida Statutes. (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) 43