Item P4 } P.4
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: P.4
Agenda Item Summary #7724
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
n/a
AGENDA ITEM WORDING: Approval to issue a request for proposals (RFP) for law firms
interested in representing the County in potential litigation against parties involved in the
manufacture and distribution of substances containing per- and polyfluoroalkyl substances (PFAS)
to cover future costs for testing, remediation and monitoring as a result of environmental
contamination.
ITEM BACKGROUND: Per- and polyfluoroalkyl substances (PFAS) are a group of man-made
chemicals. PFAS have been manufactured and used in a variety of industries around the globe,
including in the United States since the 1940s. Both the EPA and the CDC have stated that these
chemicals do not break down and can accumulate over time, and there is evidence that exposure to
PFAS can lead to adverse human health effects.
PFAS has historically been used in numerous products, one of which is aqueous film-forming foam
(AFFF)used in firefighting. Several years ago, the Florida Department of Environmental Protection
(FDEP) began looking for the presence of AFFF containing PFAS at the Florida fire training
academy in Ocala, and then at other fire training academies throughout the State. Shortly thereafter,
Monroe County was directed by FDEP to begin testing for PFAS at the Joe London Fire Training
Academy on Grassy Key. In general, the focus of FDEP is not only on drinking water and
groundwater, but also on soil and surface water. Monroe County has hired an outside company
(Cardno), which has begun digging monitoring wells and conducting testing. It is too early to know
what additional steps (e.g., remediation and follow-up monitoring)will be required.
Around the country, numerous cities, counties, fire districts, and other local governments have filed
lawsuits against manufacturers and distributors to recover claims for what the governments believe
will be costs of testing, remediation, and follow-up monitoring for these substances. To date, the
lawsuits have focused on places where contamination has occurred, or is likely to have occurred, as a
result of the presence of AFFF containing PFAS. Entities within Florida that have already filed suit
to recover costs for environmental contamination based on AFFF containing PFAS include Miami-
Dade County (which owns and operates Miami International Airport), Hillsborough County Aviation
Authority, the City of Tampa, Tampa Bay Water(the entity formerly known as West Coast Regional
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Water Supply Authority), the City of Pensacola, and the City of Stuart.
Approximately 500 similar lawsuits have already been filed throughout the country, mostly in
federal courts. Therefore, in December 2018, the U.S. Judicial Panel on Multidistrict Litigation
(MDL) determined that the cases should be consolidated in the United States District Court for the
District of South Carolina, under MDL Case No. 2873. The case is currently in discovery.
Monroe County is aware that AFFF containing PFAS has been used at two locations, at a minimum:
the Fire Training Academy, and Key West International Airport. The County has been approached
by a group of attorneys wishing to represent the County in such litigation. The County Attorney's
Office seeks approval to issue a Request for Approval to seek legal counsel to represent the County
in litigation.
The County Attorney's Office would be seeking a law firm, or group of law firms, that would
represent the County on a contingency basis with no upfront fees, and which would also pay all of
the costs of the litigation (expert witnesses, etc.).
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval. Issue an RFP for outside counsel to represent the
County on a contingency basis, where the firm pay for all of the litigation costs and agrees not to
seek a waiver of any conflict of interest.
DOCUMENTATION:
RFP potential PFAS litigation
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
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County Match:
Insurance Required:
Additional Details:
Cost of advertising only.
REVIEWED BY:
Pedro Mercado Completed 01/05/2021 9:15 AM
Bob Shillinger Completed 01/05/2021 10:14 AM
Cynthia Hall Completed 01/05/2021 11:33 AM
Purchasing Completed 01/05/2021 11:37 AM
Budget and Finance Completed 01/05/2021 12:14 PM
Maria Slavik Completed 01/05/2021 12:53 PM
Liz Yongue Completed 01/05/2021 3:40 PM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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P.4.a
MONROE COUNTY
REQUEST FOR PROPOSALS
(QUALIFICATIONS AND PRICING)
FOR
OUTSIDE LEGAL COUNSEL FOR PFAS LITIGATION
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BOARD OF COUNTY COMMISSIONERS
Mayor, Michelle Coldiron, District 2
Mayor Pro Tem, David Rice, District 4
Craig Cates, District 1
Eddie Martinez, District 3 0.
Mike Forster, District 5
COUNTY ADMINISTRATOR .
Roman Gastesi, Jr. CL
CLERK OF THE CIRCUIT COURT
Kevin Madok
Proposals Will Be Received Until- 3:00 p.m., March 11, 2021
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NOTICE OF REQUEST FOR COMPETITIVE SOLICITATION
NOTICE IS HEREBY GIVEN that on Thursday, March 11, 2021, 3:00 P.M., the Monroe County
Purchasing Office will receive and open sealed responses for the following:
OUTSIDE COUNSEL FOR PFAS LITIGATION
MONROE COUNTY,FLORIDA
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements
for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com 0
OR www.monroecountybids.com. The Public Record is available upon request.
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In response to Covid-19, the Monroe County Purchasing Department has implemented a new electronic
process for reviewing and opening sealed bids. Monroe County is committed to continuing to receive and
process competitive solicitations while maintaining the health and safety of our employees and those who
attend bid openings. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically n_
delivered bids/proposal/responses WILL NOT be accepted. e-
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The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB- CL
BIDSLa monroecounty-fl.gov, no later than 3:00 P.M. on March 11, 2021. Please submit your confidential CL
financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line
on both emails must read as follows:
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Outside Counsel for PFAS Litigation 03/11/2021
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Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum a
file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is
not rejected due to the file size. Should your bid documents exceed 25MB or otherwise be
rejected or undeliverable to OMB-BIDSLa,,,monroecounty-fl.gov, in advance of the bid opening,
please email: o _b-pnrc asin (c� onroeconnty-f1. ov so accommodations for delivery of your bid
can be made prior to the bid opening. Please be advised that it is the bidder's sole responsibility
to ensure delivery of their bid and waiting until the bid opening to address or confirm your bid v)
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submission delivery will result in your bid being rejected.
0.
The bid opening for this solicitation will be held virtually,via the internet, at 3:00 P.M., on March
11,2021. You may call in by phone or internet using the following:
Join Zoom Meeting
U-
https:Hmcbocc.zoom.us/i/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156#US (New York)
+16699006833„4509326156#US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication Dates:
Key West Citizen:Sat.,01/23/2020
Keys Weekly: Thur.,01/21/2020
News Barometer: Fri.,01/22/2020
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TABLE OF CONTENTS
Page
SECTION ONE
Background and Instructions 4
SECTION TWO
County Forms and Insurance Forms 16
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SECTION ONE
BACKGROUND AND INSTRUCTIONS
The Board of County Commissioners, Monroe County, Florida, invites qualified legal
counsel to submit a sealed proposal on the item(s) as listed in this solicitation request.
All terms and conditions below are a part of this request, and no offer will be accepted
unless all these conditions have been complied with. The County reserves the right to
waive informalities in any offer; to reject any or all offers, in whole or in part; and/or to
accept the offer(s) that in its judgment is from the lowest and/or most responsible and
responsive offeror(s)
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1.0 PURPOSE OF REQUEST FOR PROPOSALS (RFP)
A. PURPOSE
The Board of County Commissioners of Monroe County is seeking proposals from
qualified law firms who will represent the County in potential litigation against
manufacturers and distributors to recover damages incurred by the County from
environmental claims arising out of the presence of per- and polyfluoralkyl substances y
(PFAS), and in particular, from aqueous film-forming foam (AFFF) containing PFAS. N
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B. REQUIREMENTS
The firm must possess a demonstrated ability, knowledge and expertise related to
complex litigation. The firm should also have sufficient knowledge and experience in all
matters relevant to the representation of local governmental entities.
The firm must submit a proposal meeting all requirements of this RFP, and the proposal
must be complete and accurate in all respects. 0.
2.0 GENERAL INFORMATION REGARDING MONROE COUNTY
Monroe County is a non-charter county and a political subdivision of the State of Florida.
The County population is approximately 77,000. The Board of County Commissioners,
constituted as the governing body, has all the powers of a body corporate, including the
powers to contract; to sue and be sued; to acquire, purchase, hold, lease and convey real
estate and personal property; to borrow money and to generally exercise the powers of a
public authority organized and existing for the purpose of providing community services to
citizens within its territorial boundaries. In order to carry out this function, the County is
empowered to levy taxes to pay the cost of operations.
Monroe County is the southernmost county in the United States. It is comprised of the
Florida Keys and a portion of the Florida Everglades. The Florida Keys are an archipelago
of islands stretching from Key West, only 90 miles from Cuba, up to the mainland. In
addition to the unincorporated county, there are five municipalities in the Florida Keys:
Key West, Marathon, Key Colony Beach, Layton, and Islamorada. Further information
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about the demographics of the County can be found here: http://www.monroecounty-
fl.gov/inex.aspx? I = 7 .
Monroe County has one fire training facility, located on Grassy Key. Monroe County has
two airports: the Key West International Airport, and the Florida Keys/Marathon
International Airport. Both airports are located within their respective municipalities, but
are owned by Monroe County. KWIA is operated by Monroe County airport personnel
and fire rescue services are provided by Monroe County Fire Rescue. The Florida
Keys/Marathon Airport is operated by Monroe County airport personnel but fire rescue
services are provided by Marathon Fire Rescue.
Based on testing that has already been done, Monroe County believes that PFAS is
present at the Monroe County Fire Rescue Training Academy located on Grassy
Key. (A copy of the letter from Florida Department of Environmental Protection to Monroe
County Fire Chief James Callahan dated 11/8/2019 is attached.) In addition, the County
believes (based on the knowledge that aqueous film-forming foam ("AFFF") is stored
there and deployed there, either for live incidents or for testing, or both), that PFAS will be
found at the Key West International Airport and the Florida Keys/Marathon International
Airport, but no testing has been done to date. PFAS may also be found in other locations.
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The litigation described herein is intended to seek to recover expenses that the County
has incurred, or that it believes it will need to incur in the future, for expenses associated
with PFAS, including but not limited to testing, remediation, and monitoring. At present, y
this RFP is limited to litigation involving PFAS-containing AFFF (as compared to, other
products containing AFFF).
The RFP is intended to cover only physical locations under the control of the
unincorporated Monroe County. However, there is a possibility that the County will enter
into interlocal agreements with one or more of the five municipalities, by which any lawsuit --
filed would also seek to recover damages on behalf of the municipalities within the County
(Key West, Marathon, Key Colony Beach, Layton, and Village of Islamorada) and/or the
Key Largo Fire and EMS District. Alternatively, any of these entities may attempt to
piggyback on the County's selection process.
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3.0 HOW TO SUBMIT PROPOSALS
All Proposals to be considered shall be in the possession of the Office of Purchasing prior
to the time of the solicitation closing as shown in the Notice of Request for Competitive
Solicitations (Notice).
Please note: E
In response to Covid-19, the Monroe County Purchasing Department has implemented a
new electronic process for reviewing and opening sealed bids. Monroe County is
committed to continuing to receive and process competitive solicitations while maintaining
the health and safety of our employees and those who attend bid openings. Please do not
mail or attempt to deliver in person any sealed bids. Mailed/physically delivered
bids/proposal/responses WILL NOT be accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted via email
to: - I S monroecounty-fl.gov, no later than 3.00 P.M. on March 11, 2021. Please
submit your confidential financial information in a SEPARATE EMAIL from your bid and
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required documents. Your subject line on both emails must read as follows:
Outside Counsel for PFAS Litigation 03/11/2021
Files that do not contain this subject line WILL BE REJECTED. Please note that the
maximum file size that will be accepted by email is 25MB. Please plan accordingly to
ensure that your bid is not rejected due to the file size. Should your bid documents exceed
25MB or otherwise be rejected or undeliverable to - I Smonroecounty-fl.gov, in
advance of the bid opening, please email: omb-gurchasingmonroecounty-fl.gov so
accommodations for delivery of your bid can be made prior to the bid opening. Please be
advised that it is the bidder's sole responsibility to ensure delivery of their bid and waiting
until the bid opening to address or confirm your bid submission delivery will result in your bid
being rejected.
The bid opening for this solicitation will be held virtually, via the internet, at 3.00 P.M., on
March 11, 2021. Any member of the public, including vendors, may call in using the
directions given in the Notice.
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4.0 CALENDAR
The County intends to follow the following dates. Any changes in dates will be announced
via DemandStar.
Date Activity
January 25, 2021 RFP Release Date
February 22, 2021 Deadline for vendor questions and requests for
clarification, if an
February 26, 2021 Addendum release date (any addenda will be
published in DemandStar
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March 11, 2021 Bid opening — 3:00 p.m. No late bids will be accepted.
April 21, 2021 Monroe County BOCC meeting — selection of proposer,
subject to negotiation of contract.
A County selection committee may wish to interview finalists in Key West during the week
of March 22, 2021. Proposers who are to be invited for finalist interviews will be notified
no later than March 17, 2021. Any vendor interviews will be conducted by Zoom.
5.0 REQUESTS FOR CLARIFICATION AND ISSUANCE OF ADDENDUM
Requests for additional information or clarification relating to the specifications of this
Request for Proposals shall be submitted in writing via email or fax to:
Cynthia Hall, Assistant County Attorney
Monroe County Attorney's Office
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Email: hall-cynthia monroecounty-fl.gov
Facsimile (305) 292-3516
All requests for additional information or clarification must be received no later than 3:00
p.m. on February 22, 2021.
Any requests received after that date and time will not be answered. All timely requests for
additional information will be answered via an addendum to the RFP, which shall be
distributed to all interested Proposers via Onvia DemandStar on the schedule listed above.
Oral requests will not be answered.
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All addenda are a part of the contract documents and each Proposer will be bound by
such addenda, whether or not received by him/her. It is the responsibility of each Proposer
to verify that he/she has received all addenda issued before responses are opened.
6.0 CONTENTS OF THE PROPOSAL
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The proposal submitted in response to this RFP shall be in digital PDF format and submitted
via email. It shall be clear and concise and provide the information requested herein.
Statements submitted without the required information will not be considered. Responses y
shall be organized as indicated below. 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. Respondents should focus specifically on the information --
requested. Additional information, unless specifically relevant, may distract rather than add
to the Respondent's overall evaluation. Any financial information that the vendor
submits, which the vendor believes to be a trade secret or confidential, may be
submitted in a separate email marked "Confidential".
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The following information, at a minimum, shall be included in the Submittal-
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A. Cover page: stating Request for Proposal for OUTSIDE LEGAL COUNSEL FOR 0.
PFAS LITIGATION. The Cover Page should include the Proposer's name, address,
telephone number, and the name of the primary contact person.
B. Tabbed sections:
Please provide complete and concise responses to all required items.
Tab 1 State the complete name and address of the firm and the name, mailing
address, and telephone number of the person the County should contact regarding the
proposal.
Tab 2 Provide a narrative detailing all potential causes of action, proposed parties
to the litigation, and recoverable damages if initiating an action on behalf of the County
in the capacity described in this RFP.
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Tab 3 Provide a narrative detailing the firm's experience and qualifications to serve as
counsel in the capacity described in this RFP.
Tab 4 Provide a narrative description and an organizational chart identifying the
personnel assigned to accomplish the work called for in this RFP; illustrate the lines of
authority; designate the individual(s) responsible and accountable for the completion of
each component and deliverable of the RFP. Include a description of the non-attorney y
personnel (including scientists, etc.) who would work on this matter, if applicable,
including their qualifications and other similar matters on which they have worked.
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Tab 5 Provide a resume for each partner, principal, associate, attorneys of counsel, or
other staff who would be assigned to the project.
Tab 6 Provide a statement certifying that all attorneys who may be assigned to the project
are currently licensed and in good standing with the Florida Bar or are eligible for
admission pro hac vice.
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Tab 7 Provide a minimum of three (3) references for similar matters your firm has handled.
At least two (2) of the references should come from local governments, with preference y
given to local governments in the State of Florida. • Each reference at a minimum shall
include-
0 Name and full address of the client;
o Name, address, title, and telephone number of the client contact;
o Identification of services provided, including years for which the
services were offered
Tab 8 Describe the general capabilities of your firm to include information relating to the
total size and staffing, research capabilities, ability to procure expert witnesses, and
available financial resources to provide legal services.
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Tab 9 Provide a statement of the firm's geographic location and degree of
accessibility.
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Tab 10 Provide an affirmative statement that the retention of your firm will not result in a
conflict of interest with any party. If any potential conflicts are known, please specify the
party's name, the nature of the potential conflict and the means proposed to resolve said
conflict.
Tab 11 List all governmental entities in Florida with whom your firm has a current
contractual relationship and briefly describe the nature of the relationship.
Tab 12 Describe the nature and magnitude of any disciplinary action, administrative
proceeding, malpractice claim or other proceeding against any attorney affiliated with your
firm, whether pending or any such action, proceeding, or claim occurring within the past
five years.
Tab 13 Provide a fee proposal for the services described in this RFP as described below.
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Monroe County is anticipating a contingency fee proposal. Provide the contingency
as a percentage of recovery. Costs should be included within the contingency fee.
The County desires that the firm selected will advance all costs of litigation; that costs
and expenses shall be paid by the County only out of a monetary recovery; and that if
there is no recovery, then the County will not need to reimburse the law firm for costs.
Tab 14 Litigation. In accordance with Section 2-347(h) of the
Monroe County Code, the Proposer must provide the following information:
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(1) A list of the person's or entity's shareholders with five (5) 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 projects);
(4) The number of years the person or entity has operated under its present
name and any prior names; y
(5) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors, ever failed to
complete work or provide the goods for which it has contracted? If yes, provide details-
b. Are there any judgments, claims, arbitration proceeding or suits
pending or outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or general
partners? If yes, provide details;
C. Has the person, principal of the entity, entity, or any entity
previously owned, operated or directed by any of its officers, major shareholders or 0.
directors, within the last five (5) years, been a party to any lawsuit, arbitration, or mediation
with regard to a contract for services, goods or construction services similar to those
requested in the specifications with private or public entities? If yes, provide details;
d. Has the person, principal of the entity, or any entity previously
owned, operated or directed by any of its officers, owners, partners, major shareholders
or directors, ever initiated litigation against the county or been sued by the county in
connection with a contract to provide services, goods or construction services? If yes,
provide details;
e. Whether, within the last five (5) years, the owner, an officer,
general partner, principal, controlling shareholder or major creditor of the person or entity
was an officer, director, general partner, principal, controlling shareholder or major creditor
of any other entity that failed to perform services or furnish goods similar to those sought
in the request for competitive solicitation.
f. Credit references (minimum of three), including name, current
address and current telephone number.
Tab 15 County Forms
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Proposer shall complete, execute, and attach the forms specified below which are located
in Section Two in this RFP, as well as a copy of a business tax receipt from the Tax
Collector's Office and shall include it in this section, i.e. Tab 15:
Forms:
• Lobbying and Conflict of Interest Ethics Clause
• Non-Collusion Affidavit
• Drug Free Workplace Form
• Insurance Agent's Statement
• Indemnification Statement
• Public Entity Crime Statement
• Vendor Certification Regarding Scrutinized Companies List
• Minority Business Entity Form (if applicable) _
7.0 MODIFICATIONS
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Written modifications will be accepted from Proposers if addressed to the entity and
address indicated in the Notice of Request for Competitive Solicitation and received prior
to Proposal due date and time. Modifications must be submitted in a sealed envelope y
clearly marked on the outside, with the Proposer's name and "MODIFICATION TO
PROPOSAL FOR OUTSIDE LEGAL COUNSEL FOR PFAS LITIGATION." If sent by
mail or by courier, the above-mentioned envelope shall be enclosed in another envelope
addressed to the entity and address stated in the Notice of Request for Competitive
Solicitation. Faxed or e-mailed modifications shall be automatically rejected.
8.0 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened.
Proposers names shall be read aloud at the appointed time and place stated in the
Notice of Request for Competitive Solicitation. Monroe County's representative
authorized to open the responses will decide when the specified time has arrived
and no responses received thereafter will be considered. No responsibility will be
attached to anyone for the premature opening of a response not properly
addressed and identified. Proposers or their authorized agents are invited to be
present.
The County reserves the right to reject any and all responses and to waive
technical error and irregularities as may be deemed best for the interests of the
County. The County also reserves the right to withdraw the Request for
Competitive Solicitation at any time without an award. Responses that contain
modifications that are incomplete, unbalanced, conditional, obscure, or that contain
additions not requested or irregularities of any kind, or that do not comply in every
respect with the Instruction to Proposer, may be rejected at the option of the
County.
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9.0 AWARD
A Selection Committee will be convened to review the Proposals and recommend
which Vendor should be selected for the project. The recommendation of the
Selection Committee will be presented to the Board of County Commissioners for
final selection and award of contract. The successful Proposer will be chosen based
on the following criteria.
Fee proposal 25 points
Background and qualifications of the firm 15 points
Understanding the scope of the proposed litigation as it 15 points
relates to Monroe Count
Technical ability of the firm to perform the proposed 15 points
legal services
Availability/accessibility for consultation and advice 15 points
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Experience representing local governments 10 points
Veteran-owned, Woman-owned, Minority-Owned, Small 5 points
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Business or Labor Surplus Firm status (note: if the
proposer is claiming this status, either the Minority
Business Certification form or other documentation must y
be attached — see Tab 15 and paragraph 15.0 below for
additional information)
Total points earned are on a scale of 1 — 110 points
1 = lowest 110 = highest
A Selection Committee will be analyzing the Proposals, reviewing the Analysis, and —
providing recommendations to the County Administrator who will ultimately make a
recommendation to the Board of County Commissioners regarding which Proposer 0.
should be hired.
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10.0 COUNTY INSURANCE REQUIRED
The Proposer shall be responsible for all necessary insurance coverage as indicated
below. Certificates of Insurance must be provided to Monroe County within fifteen (15)
days after award of contract, with Monroe County BOCC listed as additional insured as
indicated. If the proper insurance forms are not received within the fifteen (15) day period,
the contract may be awarded to the next selected Proposer. Policies shall be written by
companies licensed to do business in the State of Florida and having an agent for service
of process in the State of Florida. Companies shall have an A.M. Best rating of VI or
better. The required insurance shall be maintained at all times while Proposer is providing
service to County. The Proposer is responsible for providing new certificates of insurance
following expiration of the policy, to show that the policy remains in force upon renewal. In
the event that any policy lapses, the Proposer is required to provide notice of the lapse to
the County within twenty-four (24) hours of the lapse. Failure to maintain adequate
insurance coverages constitutes a breach of any agreement, and justifies a termination
with cause. CL
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Worker's Compensation
Statutory Limits
Employers' Liability Insurance y
Bodily Injury by Accident $100,000
Bodily Injury by Disease, policy limits $500,000
Bodily Injury by Disease, each employee $100,000
General Liability, including -
Premises Operation
Products and Completed Operations
Blanket Contractual Liability Personal
Injury Liability
Expanded Definition of Property Damage
$300,000 Combined Single Limit
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If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Professional Liability $1,000,000 per Occurrence
$2,000,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Liability 0
policy.
The vendor selected in this RFP will be required to supply applicable certificates of
coverage at the time of execution of the agreement. The vendor will be required to
supply new certificates of coverage whenever the coverage period lapses.
Professional liability: if coverage is provided on a claims made basis, an extended claims
reporting period of four (4) years is required. CL
11.0 INDEMNIFICATION
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Contractor agrees to save harmless, indemnify, and defend County and their agents,
officers and employees from any and all claims, losses, penalties, interest, demands,
judgments, and costs of suit, including attorneys' fees and paralegals' fees, for any .�
expense, damage or liability incurred by any of them, whether for personal injury, death,
property damage, direct or consequential damages, or economic loss, including
environmental impairment, arising directly or indirectly on account of or in connection with
the Work done by Contractor under this Agreement or by any person, firm or corporation
to whom any portion of the Work is subcontracted by Contractor or resulting from the use
by Contractor, or by any one for whom Contractor is legally liable, of any materials, tools
machinery or other property of County. County and Contractor agree the first $100.00 of
the Contract Amount paid by County to Contractor shall be given as separate
consideration for this indemnification, and any other indemnification of County by
Contractor provided for within the Contract Documents, the sufficiency of such separate
consideration being acknowledged by Contractor by Contractor's acceptance and
execution of the Agreement. The Contractor's obligation shall not be limited by, or in any
way to, any insurance coverage or by any provision in or exclusion or omission from any E
policy of insurance. The Contractor agrees to pay on behalf of Monroe County, as well as
provide a legal defense for the County, both of which will be done only if and when
requested by the County, for all claims made. Such payment on the behalf of the County
shall be in addition to any and all other legal remedies available to the County and shall
not be considered to be the County's exclusive remedy.
12.0 TERMINATION
The contract awarded pursuant to this RFP will be subject to immediate termination if the
services do not comply with specifications as stated herein or fails to meet the county's
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performance standards. In the event that any of the provisions of the contract are violated
by awarded vendor, the County may serve written notice upon the awarded vendor of its
intention to terminate the contract. Such notice is to state the reason(s) for such intention
to terminate contract. The liability of the vendor for any and all such violation(s) shall not
be affected by any such termination and his surety, if any, shall be forfeited.
13.0 PUBLIC RECORDS
If the contractor refuses to allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the contractor in conjunction with this agreement then the county may, without
prejudice to any right or remedy and after giving the contractor and his surety, if any,
seven (7) days written notice, during which period contractor still fails to allow access,
terminate the employment of the contractor. In such case, the contractor shall not be
entitled to receive any further payment until the project is finished. Reasonable terminal
expenses incurred by the county may be deducted from any payments left owing the
contractor (excluding monies owed the contractor for subcontract work.)
Any contract awarded pursuant to this RFP will include the following language:
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Pursuant to F.S. 119.0701, the firm ("Contractor") shall:
1. Keep and maintain public records required by the public agency to perform the N
0
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the W
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract if
the contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all 0.
public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract, the contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT
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telephone (305) 292-3470, c/o Monroe County Attorney's
Office, 1111 12t" St., Suite 408, Key West FL 33040.
14.0 DISCLOSURE
All information submitted in response to this RFP shall become a matter of public record
and shall be subject to disclosure in accordance with Chapter 119, Florida Statutes.
15.0 MINORITY-OWNED, VETERAN-OWNED BUSINESSES, WOMEN
OWNED BUSINESSES, SMALL BUSINESSES, AND LABOR SURPLUS FIRMS
It is the policy of Monroe County that the following groups shall have the opportunity to 0
participate in the award of contracts under this solicitation:
• minority business enterprises and small businesses, as those terms are defined in
F.S. 288.703;
• veteran business enterprises, as that term is defined in F.S. 295.187;
• women-owned businesses, as that term is defined in 15 U.S.C. § 7108; and
• small businesses and labor surplus firms, as those terms are used in 2 C.F.R. CL
§ 200.321.
An additional number of points will be awarded in this RFP to businesses meeting any of N
those definitions.
To be eligible for the additional points, behind Tab 15, the vendor must either (a)
attach the Minority Business Declaration (included in County Forms), (b) attach a
copy of a certification or registration from the State of Florida or another state or
federal government showing that the vendor is certified as a minority business
enterprise, small business, or veteran business enterprise, or (c) attach a letter
certifying under penalty of perjury that the vendor is a small business or labor
surplus firm as those terms are used in 2 C.F.R. § 321.
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0.
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SECTION TWO
COUNTY FORMS AND INSURANCE FORMS
(the balance of this page intentionally left blank, with forms to follow)
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,
FLORIDA
ETHICS CLAUSE
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(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, y
gift, or consideration paid to the former County officer or employee."
0
(Signature) -
Date:
STATE OF: CL
COUNTY OF:
0
0.
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Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He/She is
personally known to me or has produced
(type of identification) as identification
NOTARY PUBLIC
My Commission Expires:
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P.4.a
NON-COLLUSION AFFIDAVIT
I, of the city of 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 Request for Proposals for Outside Legal
Counsel for PFAS Litigation, and that I executed the said proposal with full authority to do y
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
M
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
0.
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 y
of restricting competition; N
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5. The statements contained in this affidavit are true and correct, and made
with full knowledge that Monroe County relies upon the truth of the statements contained
in this affidavit in awarding contracts for said project.
(Signature)
Date:
STATE OF:
CL
COUNTY OF:
0
0.
Subscribed and sworn to (or affirmed) before me on CL
(date) by (name of affiant). He/She is personally known
to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
My commission expires:
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P.4.a
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 y
workplace and specifying the actions that will be taken against employees for violations of
such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the
business' policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a 0.
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 N
Statutes) or of any controlled substance law of the United States or any state, for a violation
0
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. 0.
(Signature)
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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:
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P.4.a
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of
real property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or CONTRACTOR under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
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1 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.
0
0.
(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
CL
me or has produced (type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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P.4.a
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
0.
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the y
indemnification provided for above.
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The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
0.
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P.4.a
WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT
BETWEEN MONROE COUNTY, FLORIDA AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
0
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
0
Coverage shall be maintained throughout the entire term of the contract. 0.
Coverage shall be provided by a company or companies authorized to transact business in y
the state of Florida. N
0
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.
0.
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P.4.a
RFP, Outside Legal Counsel for PFAS Litigation
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract 0
and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property 0.
Damage The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,
its provisions should include coverage for claims filed on or after the effective date of this 0.
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.
0
The Monroe County Board of County Commissioners shall be named as Additional Insured
on all policies issued to satisfy the above requirements.
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P.4.a
RFP, Outside Legal Counsel for PFAS Litigation
PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA AND
Recognizing that the work governed by this contract involves the furnishing of advice or y
services of a professional nature, the Contractor, shall purchase and maintain, throughout
the life of the contract, Professional Liability Insurance which will respond to damages
resulting from any claim arising out of the performance of professional services or any error
or omission of the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$1,000,000 per occurrence/$2,000,000 aggregate
0.
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P.4.a
RFP, Outside Legal Counsel for PFAS Litigation
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.
0
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. 2-
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and
• The Indemnification and Hold Harmless provisions y
0
Waiving of insurance provisions could expose the County to economic loss. For this
reason, every attempt should be made to obtain the standard insurance requirements. If a
waiver or a modification is desired, a Request for Waiver of Insurance Requirement
form should be completed and submitted for consideration with the proposal. .�
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for
execution by the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal 0.
with the County Administrator or the Board of County Commissioners, who retains the final
decision-making authority.
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P.4.a
RFP, Outside Legal Counsel for PFAS Litigation
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:
Name and address of
primary contact:
Phone:
0.
Name of Contract or
RFP:
Scope of Work: N
Request for Waiver:
Policies to which
Waiver will apply:
Signature of Contractor:
Date Submitted:
Risk Management Approved Not approved
decision:
Risk Mgmt signature: 0.
Date:
County Administrator Approved Not approved
appeal:
Date:
Board of County Approved Not approved
Commissioners appeal
Meeting date:
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RFP, Outside Legal Counsel for PFAS Litigation
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Sec. 2-349, Monroe County Code must complete this
form.
Name of Proposer/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? The physical business
address must be registered with the Florida Department of State as its principal place of business for at least
one year prior to the notice of request for bids or proposals. (Please furnish copy of Florida Department of
State Detail by Entity Name sheet showing Principal Address)
List Address:
Telephone Number: CL
2-
0
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or CL
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 y
dated at least one year prior to the notice or request for bid or proposal.
76
2. Subcontractor address within Monroe County from which the subcontractor operates:
2
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for Bidder/Responder:
STATE OF
COUNTY OF
CL
On this day of 120 before me, the undersigned notary public, personally appeared ru
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
0.
executed the above Local Preference Form for the purposes therein contained. CL
Notary Public
Print Name
My commission expires: Seal
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P.4.a
RFP, Outside Legal Counsel for PFAS Litigation
Minority Owned Business Declaration
, a contractor or sub-contractor engaged by Monroe County
during the completion of work associated with the below indicated project
(Check one)
is a minority business enterprise, as defined in Section 288.703, Florida Statutes
or
is not a minority business enterprise, as defined in Section 288.703, Florida
Statutes. ,
F.S. 288.703(3) "Minority business enterprise" means any small business concern as defined in
subsection (6)(see below)which is organized to engage in commercial transactions, which is domiciled
in Florida, and which is at least 51-percent-owned by minority persons who are members of an insular
group that is of a particular racial, ethnic, or gender makeup or national origin, which has been
subjected historically to disparate treatment due to identification in and with that group resulting in an
underrepresentation of commercial enterprises under the group's control, and whose management and
daily operations are controlled by such persons. A minority business enterprise may primarily involve
the practice of a profession. Ownership by a minority person does not include ownership which is the CL
result of a transfer from a nonminority person to a minority person within a related immediate family
group if the combined total net asset value of all members of such family group exceeds $1 million. For CL
purposes of this subsection, the term "related immediate family group" means one or more children
under 16 years of age and a parent of such children or the spouse of such parent residing in the same
house or living unit. y
F.S 288.703(6) "Small business" means an independently owned and operated business concern that o
employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net
worth of not more than $5 million or any firm based in this state which has a Small Business
Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth
requirement shall include both personal and business investments. W
Contractor may refer to F.S. 288.703 for more information.
Contractor Sub-Recipient: Monroe County
Signature Signature
Print Name: Printed Name: CL
Title: Title/OMB Department:
Verified via: https://osd.dms.myflorida.com/directories
Address: DEM Contract:
0
City/State/Zip 0.
CL
Date: FEMA Project Number:
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