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Item D2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: MARCH 20, 2002 Division: TDC Bulk Item: Yes X No Department: AGENDA ITEM WORDING: Approval to advertise Request For Bids for FY 2002 eapital Project Funding ITEM BACKGROUND: TDe approved same at their meeting of October 10, 2001 PREVIOUS REVELANT BOCC ACTION: BOee approved FY 2002 Budget at their meeting of September 19,2001 CONTRACTIAGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes X No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: ~2-aZ~~ (Lynda Stuart) DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM # _2)~ _ Revised 2/2710 I 2002 Capital Project Request For Bids Application for funding of Capital Projects TABLE OF CONTENTS CAPITAL PROJECT Notice of Request for Bid 4 Capital Projects Part I Part II Part III Part IV Part V Part VI Part VII Part VIII Part IX Part X 5-7 - General Conditions of Application & Agreement 8 - 11 - Capital Project Criteria Fact sheet 12-13 - Application for Capital Projects Funding 14-15 - Project Description 16 - 22 - Project Budget & Timetable 23 - 24 - Project Benefits 25 - Additional Information 26 - Non-Collusion Affidavit 27 - Drug Free Workplace Form 28 - Attachments and Certifications 29 Sample Capital Project Agreement 30 - 34 2002 Capital Project Request For Bids 2 NOTICE This Request for Bid is subject to change prior to its issuance should there be a change in policy by the Board of County Commissioners or the TOC. 2002 Capital Project Request For Bids 3 NOTICE CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on May 16, 2002 at 11 :00 AM. The Monroe County Purchasing Office will open sealed bids for the following: BRICKS AND MORTAR/CAPITAL PROJECTS The following funds have been allocated by the Monroe County Tourist Development Council for Bricks and Mortar/Capital related projects: Key West - $711,462 (shall encompass the City Limits of Key West) Lower Keys - $124,136 (city Limits of Key West to West end of Seven Mile Bridge) Marathon - $227,923 (west end of Seven Mile Bridge to Long Key Bridge) Islamorada - $249,672 (between Long Key Bridge and mile marker 90.7) Key Largo - $157,083 (from mile marker 90.7 to the Dade/Monroe County line and any portions of Monroe County) The respective districts wish to solicit bids for consideration within the parameters for such expenditures as outlined in F.S. 125.0104 - paragraph (5) (a) 1. thru 4. - Tourist Development Tax. Specifications and Bid Documents may be requested from DemandStar by Onvia by calling 1-800-711-1712 or by going to the website at www.demandstar.com Questions regarding the Bid should be directed to the Administrative Office of the Tourist Development Council, (305) 296-1552. Any addenda to this Request for Bids (RFB) shall be distributed to vendors on the list of Demandstar distributees for this RFB. All bids must be received by the Monroe County Purchasing Office on or before 11 :00 AM on May 16, 2002. Any bids received after this date and time will be automatically rejected. Bidders must submit two (2) signed originals and eighteen (18) complete copies of each bid in a sealed envelope clearly marked on the outside: "Sealed Bid for Bricks and Mortar/Capital Projects", addressed and delivered to: Purchasing Office 1100 Simonton Street Room 2-213 Key West, Florida 33040 All bids must remain valid for a period of ninety (90) days. The Board will automatically reject the bid of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Section 287.133(3)(d), F.S. (1997). Contract award will be by the Monroe County Board of County Commissioners to those proposers whose Bids are is deemed by the BOCC, upon recommendation of the Monroe County Tourist Development Council, to be in the best interest of Monroe County. Dated at Key West, Florida, this 1 st day of April, 2002. 2002 Capital Project Request For Bids 4 Permissible Uses Of Funds CAPITAL PROJECTS MONROE COUNTY TOURIST DEVELOPMENT COUNCIL THIRD PENNY To acquire, construct, extend, enlarge, remodel, repair, or improve, publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums within the boundaries of the county. These purposes may be implemented through service contracts and leases with persons who maintain and operate adequate existing facilities. To finance beach improvement, maintenance, re-nourishment, restoration, and erosion control. To acquire, construct, extend, enlarge, remodel, repair, or museums, zoological parks, fishing piers or nature centers which are publicly owned and operated or owned and operated by not- for-profit organizations and open to the public. Maintenance, operational and promotional expenses are permissible uses of TDC funds but this RFB is intended only to solicit bids for capital (bricks and mortar) projects. The following information must be provided: · Demonstration of the need for project, · Specific benefits to Monroe County Tourism, · What percentage of the total funds required for the project are being sought through the Tourist Development Council, · Description, clearly defining the portion for which TDC funds are being requested, of land, improvements, and specifics of project, · Specific history of project, · Impact to the area, · Evidence of community support, including, but not limited to, commitment of matching funds, · Capital expenditure budget for the project, · Annual operating budget upon completion A budget based on estimated expenditures for related expenses shall be provided. Applvinq for Funds: 1. Sealed applications will be submitted to the Office of Purchasing, 1100 Simonton Street, 2nd Floor, Room 2-213, Key West, Florida 33040, on or before 11 :00 a.m. on May 161 2002. 2. 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 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 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 ($3,000.00) for a period of 36 months from the data of being placed on the convicted vendor list. 2002 Capital Project Request For Bids 5 3. All bidders must submit two (2) signed originals and eighteen (18) complete copies of each application in a sealed envelope marked on the outside "Capital Projects Application". All applications must remain valid for a period ninety (90) days. 4. The Monroe County Soard of County Commissioners (SOCC) reserves the right to reject any or all applications as deemed in the best interest of Monroe County or waive any informality in any application and may choose to re-advertise. The Monroe County Tourist Development Council (TDC), may, as an advisory body, make recommendations to the SOCC for acceptance or rejection of any and all applications. 5. Contract awards will be by the Monroe County Board of County Commissioners to that entities whose applications are deemed by the BOCC, upon recommendation of the Monroe County Tourist Development Council, to be in the best interest of Monroe County. 6. A member of your organization must be present to answer questions at the District Advisory Committee and Monroe County Tourist Development Council meetings when the application is considered. 7. No application can be brought before the full TDC until it has been approved by the District Advisory Committee in the district from which the funds will be utilized. 8. The Monroe County Board of County Commissioners and the Monroe County Tourist Development Council accept no responsibility for any expense incurred in the bid, preparation and presentation, such expenses to be borne exclusively by the proposers. 9. Bid Schedule: (Contact TDC Administrative Office, (305) 296-1552 for updated information) (TDC/DAC Workshops/Review/Evaluation meeting dates subject to change) Issue of Request for Bid Workshop for Interested Applicants Application Deadline DAC Review/Evaluation of Applications TDC Review/Evaluation of Applications BOCC Approval April 1, 2002 April 30/May 1 , 2002 May 16, 2002 June 11/12,2002 June 25, 2002 July 18, 2002/August 22, 2002 Be advised that if your organization is awarded funding: a. TDC funds only its pro rata share of any payment under the AlA (or percentage of completion) payment process. b. Progress payments shall be made provided that AlA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing contractor's signed Certification is attached. 2002 Capital Project Request For Bids 6 c. All payment requests must be submitted no later than 120 days after the completion of project. d. A conservation easement may be required as a condition of funding. If you have any further questions, please call the Administrative Office at 305-296-1552. 2002 Capital Project Request For Bids 7 P ART I: General Conditions of Application and Agreement: 1. Please read these instructions carefully before completing the attached application. Make certain that you provide responses to all applicable questions and that the entire application, all required copies and supporting materials are returned to the address indicated on page 5. 2. Do not return the instructions with your application submission. 3. Applications must be submitted on the forms provided. Do not modify or use an adaptation of this form. 4. Answers should be typed and confined to the spaces provided on the form. 5. Sealed application shall be submitted as follows: Two (2) originals and eighteen (18) copies of the completed application forms and supporting documents shall be delivered to the Director of Purchasing, 1100 Simonton Street, 2nd Floor, Room 2-213, Key West, Florida 33040, no later than 11 :00 a.m. on Mav 16. 2002. "The sealed applications shall be publicly opened at 11 :00 a.m. by the Purchasing Office." 6. Reservations: The TOC/County reserves the right: a) to reject any and all applications; b) to waive irregularities and informalities in any and all applications; c) to re-advertise for applications; d) to separately accept or reject any item or items of a application; and e) to award and/or negotiate a contract in the best interest of the TOC/County. 7. Attachments must be confined to those listed in the Attachments & Certifications checklist on page 29 of the Application. They should be labeled as indicated in the Checklist (Le., Attachment A, Attachment B, etc.) and must be submitted in the number of copies required. 8. If architectural planning is in progress, submit such drawings and outline specifications as may be available to describe the proposed work as completely as possible. 9. Note that individuals and for-profit organizations are not eli~ible to compete for Capital Projects funds. 2002 Capital Project Request For Bids 8 10. Affidavits and Application Document: a) All applications shall be complete and submitted on the attached form with required number of copies. Any additional information, deviation from requirements, etc., shall be submitted in the form of attachments thereto. b) The application and affidavit(s) signature pages must be signed by an authorized person. If application is submitted on behalf of any corporation, it must be signed in the name of the corporation by any authorized officer as agent thereof. If practicable, the seal of the corporation shall be applied. c) Failure to comply shall be cause for rejection of application. 11. Indemnification and Hold Harmless: The provider 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 the services provided, event sponsored, or other activities and funding associated with this agreement. a) Insurance: The provider is responsible for obtaining original Certificates of Insurance from all contractors and subcontractors that will be utilized in the completion of the Capital Project. At a minimum, Workers Compensation, Employers Liability $100,000, General Liability $300,000, and $250,000 Architects and Engineer Professional Liability may be required. Higher limits may also be required, depending on contemplated Capital Project. Final insurance requirements will be determined by Monroe County's Risk Manager in conjunction with the award of each Capital Project funding contract. 12. Maintenance: The provider shall be responsible for all maintenance and operational costs of the premises improved or constructed with the use of funding from the TDC/County. The bid document should disclose the propeser's plan to fund such maintenance. The provider shall be responsible to the TDC/County for the safekeeping and proper use of the property entrusted to provider's care, to include any and all insurance for the value of the equipment and any maintenance or service contracts relating to such equipment for its service life. Any disposal of assets procured through funding under this agreement shall comply with chapter 274. F.S. 2002 Capital Project Request For Bids 9 13. Permits: Provider shall be responsible for securing all federal, state and local development approval and permits necessary to complete the project. Award of funds under this application shall not indicate any development approval by the County and provider shall be required to comply with all County concurrence requirements under Land Use laws of the County and State. 14. Taxes: The TOC/County is exempt from Federal, Excise and State of Florida Sales Tax. 15. Performance Guarantee: A successful provider shall warrant, by signing this application, that provider has the financial capability of completing the project as planned without the need to request further funding from TOC/County for same. For insurance program coverage, the provider by signing the application certifies that: Provider, its principals, and any previously owned business is/are not and have never been in default to Monroe County under the terms of any contract. (Oefault means failure to fulfill contractual obligations where County had to take legal action to obtain remedy or where a bonding company had to make good for provider.) 16. Construction and Other Contracts: Provider, by signing this application, warrants that, if awarded funds for the project, all contracts, for construction or otherwise, to complete the project shall be let in compliance with all applicable laws and County purchasing policy and to comply particularly with the F.S. Chapter 255, chapter 274 and chapter 287. Provider is hereby given notice that payment requests shall only be submitted for contractual obligations incurred subsequent to the execution of the funding agreement with the County. Provider further agrees to provide TOC/County and their designated representatives with: a) access to the project premises for inspection of the progress of the project; b) documentation including copies of all sub-contracts/Request For Bids verifying compliance with purchase/construction/architectural contract requirements of the County; and c) access to all records concerning the project. These records must be retained by provider for a minimum of three (3) years after the termination date of agreement. All records must be kept in accordance with Generally Accepted Accounting Principles. 2002 Capital Project Request For Bids 10 17. Termination for Default/Convenience: The TDC/County reserves the right to terminate any contract and agreement if, in its opinion, there shall be a failure at any time, to properly perform faithfully any of the project as funded by TDC/County according to the plan presented with the application, or as modified and accepted in writing by TDC/County. Further, TDC/County reserves the right to terminate payments under this agreement should the anticipated funding become unavailable for any reason. Should termination occur under this provision, TDC/County shall give provider thirty (30) days notice prior to termination. 18. Non-discrimination: During the term of this agreement, provider shall comply fully with all applicable laws concerning non-discrimination and does by signing this application, further agree as follows: a) Provider will not discriminate against any employee, applicant for employment, contractor or other person on the basis of race, color, religion, sex, national origin or physical or mental handicap where the handicap does not affect an individuals ability to perform in a contractual or employment position. 19. Drug-Free Workplace: Provider shall maintain a drug-free workplace which complies with the County's policy on same. (Page 28) 20. Payments: Provider shall submit all documentation required by the County Finance Department in accordance with instructions from said Department, prior to payment of any funds awarded. Ten percent (10%) of every progress payment shall be withheld by County until certification of completion of project. 21. Contractor and Sub-contractor Bonding: Provider shall require all contractors and sub-contractors to post such performance bonds as are required by such contractors/sub-contractors entering into contract with the TDC/County. 22. Provider shall be required to display an appropriate public acknowledgment of the support of the Monroe County Tourist Development Council in a publicly prominent area of the project. 2002 Capital Project Request For Bids 11 PART II: Capital Projects Criteria Factsheet The following Capital Criteria Factsheet must be completed in the affirmative. (Circle those that apply). 1 . Does the project involve one of the following: a. acquire b. construct c. extend d. enlarge e. remodel f. repair g. improve h. maintain i. operate j. promote 2. Is the project a. publicly owned and operated b. owned and operated by a not-for-profit organization? c. publicly owned and operated by a not-for-profit corporation? 3. Is the project one of the following within the boundaries of Monroe County or sub-county special taxing district: a. convention center b. sports stadium c. sports arena d. coliseum e. auditorium f. fishing piers g. museums h. zoological park i. nature center j. beach 4. If a beach, does the project fall under any of the following: a. improvement b. maintenance c. re-nourishment d. restoration e. erosion control 2002 Capital Project Request For Bids 12 5. If the TDC/County requires a Conservation Easement Deed or mortgage note requiring repayment of TDC monies in the event of transfer of ownership or change in use of the premises, would you be agreeable to executing same? 6. Does the applicant request transfer of title or management of a project to the County? If so, why? EXHIBIT A Questions 7 - 13 to be completed by the administrative office prior to submission to TDC/DAC's 7. Has the County Attorney's Office established compliance with State Statute and County Ordinance? 8. Is demonstration of need for project enclosed? 9. Are specific details outlining the benefits to Monroe County's tourism program enclosed? 10. Is there a statement of primary purpose of the project to promote tourism in Monroe County? 11 . Is there enclosed a complete budget of the project clearly identifying by percentage, the portion that may be funded under a capital expenditure agreement with TDC/County? 12. Will the project be self supporting? 13. To which district should this project be forwarded? 2002 Capital Project Request For Bids 13 PART III: Application for Capital Projects Funding Submit to: Office of Purchasing 1100 Simonton Street 2nd Floor Room 2-213 Key West, FL 33040 APPLICATION SUMMARY - ALL PROJECTS 1 . Project Title: 2. Location or address of project area: 3. County: Attach Map 2002 Capital Project Request For Bids 14 Type of Project: convention center sports stadium sports arena coliseum auditorium fishing pier(s) museum zoological park nature center beach 4. There should only be one (1) applicant. The applicant must be a non-profit organization or agency of government: Applicant name & Address: 5. Type of Applicant: non-profit organization publicly owned & operated 6. Application is for % of total funds to be obtained from all sources. 7. (a) Has applicant received previous TDC assistance: Yes If yes, please specify year, amount and nature of project. No (b) List any previous grant-in-aid assistance received by the applicant or for the property from any government agency. Indicate year of award, amount, division which awarded the grant, and a brief description of the project assisted by each. 8. For purposes of this application: (a) TDC funds Confirmed Matching requested: Hard-Dollar funds Confirmed Matching In-kind Funds Total Project Cost (b) If matching funds, state provider of said monies: (i) Hard-dollar: (ii) In-kind: (c) Specify items/services for which TDC monies will be paid if this application is approved. Also specify how much is anticipated to be spent on each item/service. Please refer to paragraph 13 of the Sample Agreement on page 33. 9. In the space below, provide a brief synopsis of the overall project and describe specifically the work to be accomplished with the funds requested. 10. Designated Project Contact/Supervisor: Name: Daytime Telephone no.: Business Address: Title: Fax: Project contact/supervisor is application. E-mail: responsible and liable for statements provided in this 2002 Capital Project Request For Bids 15 PART IV: PROJECT DESCRIPTION - ACQUISITION AND DEVELOPMENT PROJECTS ONLY *If the project does not encompass acquisition and development, please proceed to Part V, page 23. 1. Use: A. Original use of structure and date of construction: B. Modifications to the present date including date & description: C. Present use: D. Any other uses between original and present: E. Proposed use: F. Attach photograph of existing site: G. Historic designation: Indicate whether the property has been listed in the National Register, is located in a National Register district, is a locally designated historic landmark or is located in a locally designated historic district. If located within a district, provide the official name of the district. This information is available from the planning agency having jurisdiction over the property. 2. Ownership or other interest in property by applicant: (a) Official records reference for ownership documentation: (b) If not owned by applicant, provide notarized consent letter from owner for use of property as outlined in this application. 2002 Capital Project Request For Bids 16 3. If proposed project calls for transfer of title of real property to County, two (2) current real estate appraisals and one (1) environmental assessment shall be provided. The TOC/County shall ascertain, prior to acceptance of any donation or prior to purchase, that the property will pose no environmental hazard, or liability for same, to County. The TOC/County must also ascertain permissible government interest in the transfer of title. Indicate any such proposed title transfers here: 4. Acquisition funding request: The purchase amount shall not exceed the value of the property as determined by the average of two appraisals, or the average of the closest two appraisals if more than two are obtained. NOTE: The maximum grant amount from tourist development revenue for an acquisition project shall not exceed 50% of the purchase amount. Indicate the area of the property to be acquired in acres. In evaluating applications for acquisition funding, an important consideration is the appropriateness of the size of the site to be acquired. Determinations of the appropriateness of site size will be made on a case-by-case basis and will depend on the characteristics for which the property is considered to be significant. Sufficient property should be acquired to assure that the historic relationship of a structure or archaeological site to its surrounding environment is preserved. However, it is important that no more property than is necessary to achieve established preservation objectives be included in the acquisition project application. As this factor is crucial to favorable consideration of your grant application and will have substantial impact on the cost of the required application documentation, we encourage prospective applicants to consult with the staff of the TOC Administrative Office prior to initiating the required documentation. 5. Statement of significance to the promotion of tourism in Monroe County. 2002 Capital Project Request For Bids 17 6. Protection of property: Indicate any type of state or federal protection currently afforded the property. It may be that more than one type may be applicable. Provide citations for applicable local protective ordinances. Include copies of property-specific restrictive legal instruments in an attachment. By signing and submitting this application/bid, the proposer warrants that all restrictions are disclosed. Failure to include every restriction on the property may result in immediate termination of any agreement and demand for return of any monies paid thereunder. 7. Is the property threatened by imminent destruction, deterioration or other loss which may include demolition, vacancy, severe deterioration, loss of structural integrity, encroaching development, adverse environmental conditions, vandalism, etc. Be specific regarding the nature of immediacy of the threat. If so, describe in detail: 8. A) Are there any building restrictions on the site? If so, describe. Attach copies of all recorded easement and restrictive covenants. By signing and submitting this application/bid, the proposer warrants that all restrictions are disclosed. Failure to include every restriction on the property may result in immediate termination of any agreement and demand for return of any monies paid thereunder. 2002 Capital Project Request For Bids 18 B) Is the proposed project compatible with the County's Concurrency Requirements under the existing and proposed Land Use Comprehensive Plan? How have you ascertained such compatibility? (Note: If your description does not provide information about existing permits and/or review by the County Planning Department, your application shall be rejected.) C) Does the site contain endangered or threatened species of flora or fauna? If so, describe: D) Are there facilities existing or planned to accommodate the physically disabled? Yes_ No_ Describe/Explain: 2002 Capital Project Request For Bids 19 E) Public accessibility and use: Indicate the extent to which the property be open to the public each year (hours per day, days per week and weeks per year) upon project completion. Indicate whether or not the property will be accessible to the handicapped per Chapter 553, Part V, Florida Statutes and the Americans with Disabilities Act, Public Law 1012-336. If not, Provide a brief explanation. Estimate the number of persons who will use or visit the completed facility annually (for archaeological projects, if the site will not be accessible to the public, estimate the number of persons annually who will be exposed to the interpretive materials and reports resulting from the project.) How was this estimate derived? 9. Describe Present physical condition of site: (attach legal description per property tax records). Indicate, by checking the appropriate term, the present condition of the property. Excellent: The property is habitable and occupied; no repairs are needed. All physical evidence indicates that the property is under continuous maintenance. Application is for expansion and enhancement. Good: The property is habitable and occupied; only cosmetic repairs are needed (e.g., peeling paint, missing ornamental features, some deteriorated mortar, etc.) Property is maintained but in need of minor repair. Fair: The property is habitable but may be vacant. Both the structural integrity (foundation, framing, etc.) and weather tight integrity of the property (siding, walls, roofing, etc.) are in jeopardy because of prolonged neglect. Poor: The property is uninhabitable and vacant. Major structural repairs are needed. Weather tight integrity has been lost. The property is derelict, abandoned and not habitable without major rehabilitation work. 2002 Capital Project Request For Bids 20 Also, list any specific factors or problems which contribute to the present condition of the property. 10. List and describe all major work items included in the proposed project: 11. Status of Project Planning: not yet initiated 12. Name and Address of project consultant (architect, engineer, contractor, etc.): initiated schematics complete design development documents complete construction documents complete Enclose planning or architectural documents completed to date (1 set). 2002 Capital Project Request For Bids 21 13. Has a contract for architectural services or constructional services been executed? If so, indicate the scope of services to be provided under this contract and whether these services were obtained through competitive negotiations, requests for bids or other process. 14. Describe the means by which the structure(s) affected by this project will be maintained subsequent to restoration/rehabilitation. Include sources and estimated amounts of funding for such maintenance. It is the County's policy not to fund operations and maintenance costs of organizations notwithstanding any tourism promotional value of a project. 2002 Capital Project Request For Bids 22 PART V: PROJECT BUDGET AND TIMETABLE - ALL PROJECTS 1. Cost Estimates: List all major work items and the estimated costs of each. If the project is phased, segregate clearly those costs for the phase to be assisted by the TOG funds requested. TOC funds may only be used for phases commenced subsequent to the execution of a funding agreement with County. All phases and total estimated cost of the entire project must be listed here. Total cost of phase/project for which funds are requested: (not to exceed 50% of the total project cost) a) Phase b) Project Percentage of TOG funds requested of Total Budget: (not to exceed 50% of the total project cost) a)Phase b) Project 2. Confirmation that signed, sealed bid process was, or will be, utilized for acquiring architectural services. 3. Matching Funds. List the sources and amounts of confirmed matching funds. (For items involving personnel, include the number of hours to be spent on the project activities and their per-hour value). These funds must not be expended before execution of a Capital Project Agreement. Prior donated services or expenditures are not acceptable as match for grant funds. A: Hard-dollar: B: In-Kind: Total confirmed matching Hard-dollar funds: Total confirmed matching In-kind funds: This amount should equal or exceed TOG Funds requested. 2002 Capital Project Request For Bids 23 Part V (continued) 4. Outline of expansion opportunity for acquiring further match grants. 3. Tentative timetable. Indicate all major project activities and the anticipated time required to complete each stage of the project on the graph below. Project Timetable (in months) Proiect Activitv 1 2 3 4 5 6 7 8 9 10 11 12 A. B. c. D. E. F. G. H. Please indicate any critical dates and explain why they are critical. 4. What is the total project cost: $ 5. Length of time for project completion (months and year(s): 2002 Capital Project Request For Bids 24 PART VI: PROJECT BENEFITS - ALL PROJECTS 1. Is the primary purpose of the project to promote tourism in Monroe County? 2. How will the project promote tourism in Monroe County? 2002 Capital Project Request For Bids 25 PART VII: ADDITIONAL INFORMATION - ALL PROJECTS: 1. District in which the project is located. 2. Population of city/district where project activity will take place. 3. Federal Employer's Identification Number of Applicant's organization. 4. Permitting: List all permits required to complete this project. 5. Outline of proposed program in which this project will promote tourism in Monroe County. 6. Applicant must demonstrate the ability to complete the project as proposed and to maintain and operate the project as a viable and long-term tourist attraction and is open to the public. Included in this demonstration should be a summary of the applicant's past grant experience, past two (2) year's financial statements, proposed operational budget and description of administrative resources available to applicant and committed to the project. Attached financial statements, budgetary and other documents. 2002 Capital Project Request For Bids 26 P ART VIII: NON-COLLUSION AFFIDAVIT and VERIFICATION I, , of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1) I am , the bidder making the bid for the project described as follows: 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor: 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. VERIFICATION I HEREBY CERTIFY that I have read the forgoing application and that the facts stated herein are true and correct to the best of my knowledge and belief. President's Name Typed President's Signature Sworn to and subscribed before me this day of ,20_ personally appeared , and known to be the persons named in and who executed the foregoing document. My commission expires: Notary Public State of 2002 Capital Project Request For Bids 27 PART IX DRUG FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business'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. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo 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. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature Date 2002 Capital Project Request For Bids 28 PART X: ATTACHMENTS AND CERTIFICATION - ALL PROJECTS 1 . The following supporting documents are attached: (a) Official record reference for ownership documentation (b) Consent letter from owner for use of property as outlined in this application (c) Citations for applicable local protective ordinance if applicable (d) Proof of ownership/consent of owner for use of property as outlined in this application (e) Copy of letter designating project supervisor (f) Map showing location and boundaries of project area (for all types of projects involving specific site or area which cannot be identified by a street address) (g) Photographs of existing conditions of project site(s) or area (two sets of originals and 18 photocopies or originals) (h) Documentation of confirmed matching funds. Such documentation may be comprised of contracts, executed grants, or other similar complete and executed documents (i) Plans and specifications, if completed (development projects only) (one set only) (j) Criteria Fact Sheet (k) All restrictive documents governing use of the property (I) Non-Collusion Affidavit and Verification Form (notorized) (m) Drug Free Workplace Form 2. I certify that the information contained in this application is true and correct to the best of my knowledge, and that I am the duly authorized representative of the applicant. Signature: Title: Date: 2002 Capital Project Request For Bids 29 (SAMPLE AGREEMENT) GRANT OF FUNDS This AGREEMENT dated the day of 200 , is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and , a Florida not-for-profit corporation, hereinafter " Contractor" or "Corporation" . WHEREAS, the third penny of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, or promote museums which are publicly owned and operated or owned and operated by not-for profit corporations, and WHEREAS, Corporation has applied for funding for the project to (acquire/renovate/etc.) the Property (hereinafter "the Property" and WHEREAS, the County and TDC have determined that it is in the best interests of the County, for purposes of promoting tourism and preserving the heritage of the community, to repair and rehabilitate the premises of the property for use as a open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the contractor and the County have entered into this agreement on the terms and conditions as set forth below. 1. CONTRACT PERIOD. This agreement is for the period 200 through 200 . This agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with paragraphs 7,12 and 13 below. 2. SCOPE OF AGREEMENT. The contractor shall contract for and obtain such construction services as is necessary to continue rehabilitation and preservation of the property in good condition, preserving the historical and architectural integrity of said property, and placing the property in such safe condition as to permit the property to be open to the public as a museum. The contractor shall insure that the property shall be used as a museum open to the public by entering into such restrictive covenants, leases, and other contracts as are necessary to effect this purpose. 3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an amount not to exceed $ in reimbursement for materials and services used to rehabilitate, repair and renovate the property. The Board of County Commissioners and the Tourist Development Council assume no liability to fund this agreement for an amount in excess of this award. Payment for expenditures permissible by law and County policies shall be made through reimbursement to contractor upon presentation of invoices, canceled checks and other documentation necessary to support a claim for reimbursement. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 4. REPORTS. The contractor shall provide financial reports in summary of activity on forms provided or approved by the TDC, and quarterly narrative reports of activity under the approved work plan. The contractor shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the TDC, the County, the State of Florida or authorized agents and representatives of said government bodies. It is the responsibility of the contractor to maintain appropriate records to insure a proper accounting of all funds and expenditures. The contractor understands that it shall be responsible for repayment of any and all audit exceptions which are 2002 Capital Project Request For Bids 30 identified by the Auditor General for the State Of Florida, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. In the event of an audit exception, the current fiscal year grant award or subsequent grant awards will be offset by the amount of the audit exception. In the event the grant is not renewed or supplemented in future years, the contractor will be billed by the County for the amount of the audit exception and shall promptly repay any audit exception. 5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this agreement shall be only amended in writing and approved by the Board of County Commissioners for Monroe County. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed as to find the contractor or any of its employees, contractors, servants or agents to the employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. 7. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, the contractor shall abide by all statures, ordinances, rules and regulations pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this agreement and shall entitle the County to terminate this contract immediately upon delivery of written notice of termination to the contractor. 8. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS AGREEMENT. The contractor shall include in all contracts funded under this agreement the following terms: a) Anti-discrimination. contractor agrees that they will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this agreement because of their race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. b) Anti-kickback. Contractor warrants that no person has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the contractor has any interest, financially or otherwise, in contractor. For breach or violation of this warranty, the contractor shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that funding for this contract is available at least in part through the County and that violation of this paragraph may result in the County withdrawing funding for the Project. c) Hold harmless/indemnification. Contractor acknowledges that this contract is funded at least in part by the County and agrees to indemnify and hold harmless the County and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all 2002 Capital Project Request For Bids 31 of the foregoing or any demands, settlements or judgments (collectively claims) arising directly or indirectly from any negligence or criminal conduct on the part of contractor in the performance of the terms of this agreement. The contractor shall immediately give notice to the County of any suit, claim or action made against the contractor that is related to the activity under this agreement, and will cooperate with the County in the investigation arising as a result of any suit, action or claim related this agreement. d) Insurance. Contractor agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the contractor and the County from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the contractor for such injuries to persons or damage to property occurring during the contract or thereafter that results from performance by contractor of the obligations set forth in this contract. At all times during the term of this contract and for one year after acceptance of the project, contractor shall maintain on file with the County a certificate of the insurance carrier of carriers showing that the aforesaid insurance policy is in effect. The following coverage's shall be provided: 1. Workers Compensation insurance as required by Florida Statutes. 2. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence for bodily injury, personal injury and property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. The contractor, the County and the TDC shall be named as additional insureds. The policies shall provide no less than 30 days notice of cancellation, non-renewal or reduction of coverage. At all times during the term of this contract and for one year after acceptance of the project, contractor shall maintain on file with the County a certificate of insurance showing that the aforesaid insurance coverage's are in effect. e) Authority. Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for the contractor below certifies and warrants that the contractor's name in this agreement is the full name as designated in its corporate charter (if a corporation); they are empowered to act and contract for the contractor, and this agreement has been approved by the Board of Directors of contractor or other appropriate authority. f) Licensing and Permits. contractor warrants that it shall have, prior to commencement of work under this agreement and at all times during said work, all required licenses and permits whether federal, state, County or City. 9. HOLD HARMLESS/INDEMNIFICATION. The contractor hereby agrees to indemnify and hold harmless the BOCC/TDC and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments arising directly or indirectly under this agreement. The contractor shall immediately give notice to the County of any suit, claim or action made against the County that is related to the activity under this agreement, and will cooperate with the County in the investigation arising as a result of any suit, action or claim related to this agreement. 10. ANTI-DISCRIMINATION. The contractor agrees that they will not discriminate against any of their employees or applicants for employment or against persons for 2002 Capital Project Request For Bids 32 any benefit or service because of their race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. 11 . ANTI-KICKBACK. The contractor warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the County or TDC has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 12. TERMINATION. This agreement shall terminate on . Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level sufficient to allow for the continuation of this agreement pursuant to the terms herein. In the event that funds cannot be continued at a level sufficient to allow the continuation of this agreement pursuant to the terms specified herein, this agreement may then be terminated immediately by written notice of termination delivered in person or by mail to contractor. The County may terminate this agreement without cause upon giving written notice of termination to provider. The County shall not be obligated to pay for any services or goods provided by contractor after contractor has received written notice of termination. 13. TERMINATION FOR BREACH. The County may immediately terminate this agreement for any breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants herein contained to be kept and performed by contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide County with certification of use of matching funds or matching inkind services at or above the rate of request for reimbursement or payment by County is a breach of contract, for which the County may terminate this contract upon giving written notification of termination. 14. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the contractor and the County. 15. CONSENT TO JURISDICTION. This agreement, its performance, and all disputes arising hereunder, shall be governed by the laws of the State of Florida, and both parties agree that the proper venue for any actions shall be in Monroe County. 16. ETHICS CLAUSE: Provider warrants that it has not employed, retained or other wise had act on its behalf, any former County officer or employee in violation of Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10- 1990. For breach or violation of the provision the County may, at its discretion terminate this agreement without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 17. "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 consultant under a contract with any public entity, and may not transact 2002 Capital Project Request For Bids 33 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." 18. NOTICE. Any written notice to be given to either party under this agreement or related hereto shall be addressed and delivered as follows: For (organization) (address) For County: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 and Suzanne Hutton, Asst. County Attorney P.O. Box 1026 Key West, FL 33040-1026 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. (SEAL) ATTEST: DANNYL. KOLHAGE,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman (SEAL) ATTEST: By: By: Secretary President 2002 Capital Project Request For Bids 34