Item D3
BOARD OF COUNTY COMMISSIONERS
(
AGENDA ITEM SUMMARY
Meeting Date: JULY 14.2004 Division: TDC
Bulk Item: Yes ---X- No
Department:
AGENDA ITEM WORDING:
Approval to advertise RFQ for a County Wide Fishing Umbrella.
ITEM BACKGROUND:
TDe to approve same at their meeting of July 13, 2004.
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
(
TOTAL COST: $
BUDGETED: Yes
No
COST TO COUNTY: $
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes 1L- No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty 1- O~MB/Purchas ~ ~~ent _X
DIVISION DIRECTOR APPROVAL: L _,~
Lynda Stuart)
DOCUMENTATION:
Included ><'
To Follow Not Required_
AGENDA ITEM # ~m
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
REQUEST FOR QUALIFICATIONS
FISHING UMBRELLA
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Mr. Michael Ingram, Chairman
Mr. Matt Babich
Mr. Todd Firm
Ms. June Helbling
Mayor Murray Nelson
Mr. Robert Padron
Commissioner Edwin Scales, II I
Ms. Christina Sharpe-Weinhofer
Mr. Scott Simmons
Marketing Director
Harold Wheeler
All responses submitted to this solicitation should be
addressed to and received no later that 11 :00 a.m. August 12, 2004
at:
Purchasing
Monroe County, Florida
1100 Simonton Street, 2nd Floor, Room 2-213
Key West, Florida 33040
Attention: REQUEST FOR QUALIFICATIONS: FISHING UMBRELLA
NOTICE OF CALLING FOR QUALIFICATIONS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on August 12,
2004 at no later than 11 :00 a.m. The Monroe County Purchasing Office will
receive sealed bids for the following:
Request for Qualifications - A County Wide Fishing Umbrella for Monroe County
Specifications and Qualification Documents may be requested from
DemandStar by Onvia by calling 1-800-711-1712 or by going to the website at
www.demandstar.com All questions pertaining this solicitation regarding the
Request for Qualifications should be directed to the Administrative Office of the
Tourist Development Council, (305) 296-1552. Any addenda to this Request for
Qualifications (RFQ) 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 a.m on Auaust 12. 2004. No waivers shall be allowed for responses which
have not been submitted to the County Purchasing Department by 11 :00 a.m. on
the deadline date.
Bidders must submit one (1) signed original and three (3) complete copies of each
response in a sealed envelope clearly marked on the outside: "Sealed Qualifications
for Request for Qualifications for a County Wide Fishing Umbrella for Monroe
County", addressed and delivered to:
Purchasing Office, 1100 Simonton Street, Room 2-213, Key West, Florida 33040
All responses must remain valid for a period of ninety (90) days. The Soard will
automatically reject the response of any person or affiliate who appears on the
convicted vendor list prepared by the Department of General Services, State of
Florida, under Section 287. 133(3)(d), F.S. (1997).
Contract award will be by the Monroe County Board of County Commissioners to
the entity whose response is deemed by the SOCC, upon recommendation of the
Monroe County Tourist Development Council, to be in the best interest of Monroe
County.
Dated at Key West, Florida, this
day of
,2004.
2
TABLE OF CONTENTS
Page
SECTION ONE
Instruction to Respondents
4
SECTION TWO
General Terms and Conditions
11
SECTION THREE
Terms and Conditions Specific to Fishing Umbrella RFQ
13
SECTION FOUR
Draft Contract
14
SECTION FIVE
Insurance Requirements
25
SECTION SIX
County Response/Bid Forms
27
3
SECTION ONE
INSTRUCTION TO RESPONDENTS
1.01 DESCRIPTION
The Respondent awarded a contract shall provide Fishing Umbrella services for Monroe County. The
contract will provide for the Fishing Umbrella to act as a County wide Fishing Umbrella to make
recommendations to the Tourist Development Council (TDC) and Board of County Commissioners
(BOCC) concerning funding for Tourism related Fishing activities for Monroe County.
1.02 COPIES OF BIDDING DOCUMENTS
A. Only complete sets of Bidding Documents will be issued and shall be used in preparing
responses. The County does not assume any responsibility for errors or misinterpretations
resulting from the use of incomplete sets.
B. Complete sets of Bidding Documents may be obtained in the manner and at the location
stated in the Notice of Calling for Qualifications.
1.03 PROPOSAL REQUIREMENTS
The original response, marked "Original" and three (3) copies marked "Copy" [four (4) complete
packages] of the proposal setting forth qualifications must be received.
1.04 DISQUALIFICATION OF RESPONDENTS
A. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response to
this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the bidders, the bid or proposals of all participants is
such collusion shall be rejected, and no participants in such collusion will be considered in
future bids for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a 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 or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of36 months from the date of being placed on
the convicted vendor list. Category Two: $10,000.00
C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response
to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and
submit it with his bid or proposal. Failure to
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D. complete this form in every detail and submit it with your bid or proposal may result in
immediate disqualification of your bid or proposal.
1.05 EXAMINATION OF RFQ DOCUMENTS
A. Each Respondent shall carefully examine the RFQ and other contract documents, and
inform himself thoroughly regarding any and all conditions and requirements that may in
any manner affect cost, progress, or performance of the work to be performed under the
contract. Ignorance on the part of the CONTRACTOR will in no way relieve him of the
obligations and responsibilities assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omISSIons from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify the
COUNTY.
1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent/Bidder as to the meaning of the contract
documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed
for opening of responses will be given consideration. All such changes or interpretation will be made in
writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known
prospective RespondentslBidders prior to the established bid opening date. Each Respondent/Bidder shall
acknowledge receipt of such addenda in the space provided therefore in the bid form. In case any
Respondent/Bidder fails to acknowledge receipt of such addenda or addendum, his response will
nevertheless be construed as though it had been received and acknowledged and the submission of his
response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract
documents and each Respondent/Bidder will be bound by such addenda, whether or not received by him. It
is the responsibility of each Respondent/Bidder to verify that he has received all addenda issued before
responses are opened.
1.07 GOVERNING LAWS AND REGULATIONS
The Respondent/Bidder is required to be familiar with and shall be responsible for complying with all
federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work.
1.08 PREPARATION OF RESPONSES
Signature of the Respondent/Bidder: The Respondent/Bidder must sign the response forms in the space
provided for the signature. If the Respondent/Bidder is an individual, the words "doing business as
", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the
signature of at least one of the partners must follow the firm name and the words "Member of the Firm"
should be written beneath such signature. If the Respondent/Bidder is a corporation, the title of the officer
signing the bid on behalf of the corporation must be stated along with the Corporation Seal Stamp and
evidence of his authority to sign the bid must be submitted. The Respondent/Bidder shall state in the
response the name and address of each person interested therein.
1.08.1 SUBMISSION OF RESPONSES
5
A. One (1) signed originals and three (3) copies of each response shall be submitted.
B. The response shall be submitted in a sealed envelope, which shall be marked so as to clearly
indicate its contents and the name of the Respondent/Bidder. If forwarded by mail, the
above-mentioned envelope shall be enclosed in another envelope addressed to the entity and
address stated in the Notice of Calling for Qualifications, and preferably by special delivery,
registered mail; if forwarded otherwise than by mail, it shall be delivered to the same
address. Responses will be received until the date and hour stated in the Notice of Calling
for Qualifications.
C. Each Respondent/Bidder shall submit with his bid the required evidence of his qualifications
and experience, as outlined in Article 1.04.
1.09 CONTENT OF SUBMISSION
The proposal submitted in response to this Request for Qualifications (RFQ) shall be typed on 8-1/2" x 11"
white paper and bound; shall be clear and concise and provide the information requested herein.
Statements submitted without the required information will not be considered. Responses shall be
organized and sections tabbed. The Respondent/Bidder 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/Bidder must submit adequate
documentation to certifY the Respondent/Bidder's compliance with the County's requirements.
Respondent/Bidder should focus specifically on the information requested. Additional information, unless
specifically relevant, may distract rather than add to the Respondent/Bidder's overall evaluation.
The following information, at a minimum, shall be included in the Submittal:
A. Cover Paee
A cover page that states "REQUEST FOR QUALIFICATIONS FOR FISHING UMBRELLA
SERVICES." The cover page should contain Respondent/Bidder's name, address, telephone number, and
the name of the Respondent/Bidder's contact person.
B. Tabbed Sections
Tab 1. Respondent/Bidder's approach to this project
The Respondent/Bidder shall provide a history of the firm or organization, its mission, and how it sees the
mission of the contract to be awarded pursuant to this RFQ process. How will the Respondent/Bidder
converge the mission of itself and the mission of the contract? Describe the Respondent/Bidder's
philosophy of probation.
Tab 2. Narrative Self-Analysis
Respondent/Bidder shall provide a narrative self-analysis of its strengths, weaknesses, and how each will
impact the performance of the contract. A copy of the organization's analysis reports for the last two (2)
years shall be included in this section.
6
Tab 3. References
Each RespondentJBidder shall provide at least two (2) references, preferably of Florida local government,
accounts for which the Respondent has provided the same or similar services during the past three (3)
years. Each reference shall include, at a minimum:
Name and full address of reference organization
Name of Contact person for contract
Telephone number(s)
Date of initiation of contract with reference
Brief summary comparing the referenced services to these proposed services
Tab 4. Accounting and bookkeeping procedures
RespondentJBidder shall account for all revenues and expenses related to the provision of services under
this agreement pursuant to generally accepted accounting principles.
Tab 5. Fishing Umbrella Services
RespondentJBidder shall provide a listing of Fishing Umbrella services, with specific descriptions that will
be offered under the agreement.
Tab 6. Staffing
a) RespondentJBidder shall include a list of the proposed staff positions that will provide the work
required if awarded this contract. The listing shall include any staff who shall provide services as well
as any committee which will be established to review, evaluate and make recommendations regarding
the services, as more fully described in Section Three of the RFQ.
b) List the total number of staff and list the number and type of minorities, using the Federal definitions,
included in the staff.
Tab 7. Pending Litigation
The RespondentJBidder shall describe any pending litigation in which the RespondentJBidder is involved as
a result of provision of any services which are described herein.
Tab 8. County bid forms
RespondentJBidder shall complete and execute the bid forms specified below and found at the designated
pages in this RFQ, and shall include them in the section tabbed 11:
Response Form
Non-Collusion Affidavit
Ethics Clause
Drug Free Workplace
Pages
28
29
30
31
Copies of all professional and occupational licenses shall be included in this section.
Tab 9. Other Information
7
Provide any additional information which will present evaluators with insight about the qualifications,
fitness and abilities ofRespondent/Bidder.
1.10 MODIFICATION OF RESPONSES
A. Written modification will be accepted from Respondent/Bidders. If addressed to the entity
and address indicated in the notice of calling for qualifications and received prior to bid due
date and time.
B. A Respondent/Bidder may modify his response by telegraphic communication at any time
prior to the scheduled closing time for receipt of responses, provided such telegraphic
communication is received prior to the closing time, and provided further, the COUNTY is
satisfied that a written confirmation of the telegraphic modification over the signature of the
respondent/bidder was mailed prior to the closing time. The telegraphic communication
should provide the addition or subtraction or other modification. If written confirmation is
not received within two (2) days from the closing time, no consideration will be given to the
telegraphic modification.
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1.11 RESPONSIBILITY FOR RESPONSE
The Respondent/Bidder is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
1.12 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and read aloud at the
appointed time and place stated in the Notice of Calling for Qualifications. 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. Respondent/Bidders or their
authorized agents are invited to be present.
1.13 DETERMINATION OF SUCCESSFUL RESPONDENT/BIDDER
The COUNTY reserves the right to reject any and all responses and to waive technical errors and
irregularities as may be deemed best for the interests of the COUNTY. Responses which contain
modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested
or irregularities of any kind, or which do not comply in every respect with the instruction to
Respondent/Bidders, and the contract documents, may be rejected at the option of the COUNTY.
1.14 AWARD OF CONTRACT
A. The COUNTY reserves the rights to award separate contracts for each service area and to
waive any informality in any response, or to re-advertise for all or part of the work
contemplated. If responses are found to be acceptable by the OWNER, written notice will
be given to the selected Respondent/Bidder(s) of the award of the contract(s).
B. If the award of a contract is annulled, the COUNTY may award the contract to another
Respondent/Bidder or the work may be re-advertised or may be performed by other
qualified personnel as the COUNTY decides.
C. A contract will be awarded to the Respondent/Bidder deemed to provide the services which
are in the best interest of the COUNTY.
D. The COUNTY also reserves the right to reject the response of a Respondent/Bidder who has
previously failed to perform properly or to complete contracts of a similar nature on time.
E. All responses, including the recommendations of the TDC, will be presented to the Board of
County Commissioners of Monroe County, Florida, for final awarding or otherwise.
Q
1.15 EXECUTION OF CONTRACT
The Respondent/Bidder to whom a contract is awarded will be required to return to the County four (4)
executed counterparts of the prescribed contract together with the required certificates of insurance.
1.16 INSURANCE
The Contractor shall defend, indemnify and hold hannless the County as outlined on the attached form
identified as TCS 1.
1.17 PREFERENCE
When reviewing responses, preference will be given to local providers.
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SECTION TWO
GENERAL TERMS AND CONDITIONS
2.01 DEFINITIONS
Wherever used in these General Conditions or in the other contract documents the terms below have the
meanings indicated which are applicable to both the singular and plural thereof. The use of the terms "he,"
"him," "himself," or "his" shall refer to male and female persons alike and should not be construed as
derogatory or discriminatory to female persons.
Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct, or
change the bidding documents or the contract documents.
Bidding Documents - The advertisement or invitation calling for qualifications, instructions, and forms
contained in this Request for Qualifications (Response Form, Non-Collusion Affidavit, Lobbying and
Conflict of Interest Clause, Drug Free Workplace) and the proposed contract documents (including all
addenda issued prior to receipt of responses).
Contract Documents - The bid documents, agreement, addenda (which pertain to the contract
documents), the Contractor's proposal or response (including documentation accompanying the response
and any post-response documentation submitted prior to the notice of award) when attached as an exhibit to
the agreement, these General Conditions, together with all amendments, modifications, and supplements.
Contract Price - Successful bidder will be considered an Advisory Committee to make recommendations
on the expenditure of TDC generic Fishing Umbrella allocations and as such shall receive no renumeration
for such activities.
Contract Time - The Contract shall be in force and binding on the County and the Contractor for a period
of three (3) years with an option extend for additional two (2) year period from the effective date of the
agreement.
Contractor - The person, firm, or corporation with whom the County has entered into the agreement.
Effective Date of the Agreement - The date indicated in the agreement on which it becomes effective, but
if no such date is indicated it means the date on which the agreement is signed and delivered by the last of
the two parties to sign and deliver.
Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders.
Notice of Award - The written notice to the apparent successful bidder stating that upon compliance by the
apparent successful Respondent/Bidder with the conditions precedent enumerated therein, within the time
specified, the County will sign and deliver the agreement.
Owner - The Monroe County Board of Commissioners with whom the Contractor has entered into the
agreement and for whom the work is to be provided.
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Specifications - Those portions of the contract documents consisting of written technical descriptions of
materials and services required under the contract.
Written Amendment - A written amendment of the contract documents, signed by the County and the
Contractor on or after the effective date of the agreement.
Failure to Execute Required Forms - Failure to execute the required forms shall result in entity being
disqualified and the response will be rejected.
2.02 CONTRACTOR'S RESPONSIBILITIES
2.02.1 Supervision and Personnel
The Contractor shall supervise and direct the work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be necessary to perform the work in accordance with
the contract documents.
2.02.2 Parts. Materials. and Equipment
Unless otherwise specified in the contract, the Contractor shall furnish and assume full responsibility for all
services, materials, equipment, labor, transportation, machinery, tools, and all other incidentals necessary
for the completion of the work.
2.02.3 Records
The Contractor shall record maintenance activities in a maintenance log, which shall contain all pertinent
information. Contractor shall be required to maintain records pertaining to the contract for five (5) years
after the termination of the contract.
2.02.4 Taxes
The Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by
the Contractor in accordance with the laws and regulations of the place of the project which are
applicable during the performance of the work.
2.02.5 Compliance with Laws
The Contractor shall comply with all applicable laws and regulations of federal, state and local
governments.
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SECTION THREE
SPECIFICATIONS, SPECIFIC CONDITIONS
RE
FISHING UMBRELLA
A. PROVIDER shall budget and coordinate with respect to fishing related activities, on behalf of Monroe County
Tourist Development Council, the following:
1. National media advertising for Florida Keys Fishing events and promotions.
2. Public relations for all Florida Keys Fishing events and promotions.
S. PROVIDER shall establish a photo program to distribute to national trade and consumer
publications, photos to represent award winners and media attractive fishing photos.
C. PROVIDER shall establish and administer policies and procedures which will distribute on
an equitable district-wide basis based on prior year bed tax revenue percentages
recommended for all qualified fishing activities. PROVIDER will accept applications for the
activities on an annual basis.
D. The Fishing Umbrella shall solicit sponsors for programming and events to contribute
sponsorship funds toward the operating expenses for member fishing events and activities.
No TOe funds will be used to cover administrative or operating costs.
E. All Fishing Umbrella meetings will be open to the public and properly noticed, the same rules
as required for all governmental meetings under F.S. 286.011.
F. Monroe County SOCC and TDC will fund through its Advertising and Public Relations
agencies of record costs of promotion and advertising: (a) directly to vendors upon receipt of
properly approved invoices or (b) reimburse PROVIDER and/or its members upon receipt of
properly approved paid invoices and evidence of payment subject to availability of funds.
3. Funding: a) The SOCC anticipates that approximately $650,800 will be allocated to tourism-
related fishing marketing activities per year. Of said amount the allocation between advertising and
event promotion shall be at the discretion of the SOCC upon recommendation by the TDC. At the
beginning of each fiscal year of the contract, the Fishing Umbrella budget shall be approved by the
TDC and SOCC for Umbrella allocation. The recommendations of the Fishing Umbrella
Committee shall be submitted to the TDC for consideration prior to adoption of TDC
annual budget each year, but PROVIDER has no final authority to require TDC to adopt
its recommendations. TDC will then make recommendations to the SOCC for allocation
of funds for approval, requiring individual contract to be entered by each recipient.
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the SOCC.
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SECTION FOUR
DRAFT CONTRACT
THIS AGREEMENT, made and entered into this _ day of , 2004, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "Owner"), and
(hereinafter called the "Contractor").
WHEREAS, .. ...; and
WHEREAS, .. ...; and
WHEREAS, ....; and
WHEREAS, ....; and
WHEREAS, ....;
NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the
parties agree as follows: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follow:
1. THE CONTRACT
The contract between the Owner and the Contractor, of which this agreement is a part, consists of the
contract documents, which are as follows: This agreement and any amendments executed by the parties
hereafter, together with the response to RFQ and all required insurance documentation. In the event of a
discrepancy between the documents, precedence shall be determined by the order of the documents as just
listed.
2. SCOPE OF THE WORK
The Contractor shall provide Fishinf! Umbrella services for the County as described below:
A. Contractor shall budget and coordinate with respect to fishing related activities, on behalf of Monroe County
Tourist Development Council, the following:
1. National media advertising for Florida Keys Fishing events and promotions.
2. Public relations for all Florida Keys Fishing events and promotions.
B. Contractor shall establish a photo program to distribute to national trade and consumer
publications, photos to represent award winners and media attractive fishing photos.
C. Contractor shall establish and administer policies and procedures which will distribute on an
equitable district-wide basis based on prior year bed tax revenue percentages recommended
for all qualified fishing activities. Contractor will accept applications for the activities on an
annual basis.
D. The Fishing Umbrella shall solicit sponsors for programming and events to contribute
sponsorship funds toward the operating expenses for member fishing events and activities.
No TOe funds will be used to cover administrative or operating costs.
E. All Fishing Umbrella meetings will be open to the public and properly noticed, the same rules
as required for all governmental meetings under F.S. 286.011.
14
F. Monroe County BOCC and TDC will fund through its Advertising and Public Relations
agencies of record costs of promotion and advertising: (a) directly to vendors upon receipt of
properly approved invoices or (b) reimburse PROVIDER and/or its members upon receipt of
properly approved paid invoices and evidence of payment subject to availability of funds.
The Contractor warrants that it is authorized by law to engage in the performance of the activities herein
described, subject to the terms and conditions set forth in these contract documents. The provider shall at
all times exercise independent, professional judgment and shall assume professional responsibility for the
services to be provided. Contractor shall provide services using the following standards, as a minimum
requirement:
I. The Contractor shall maintain adequate staffing levels to provide the services required under
the contract resulting from this RFQ process.
II. The personnel shall not be employees of or have any contractual relationship with
the County. [IF APPROPRIATE: To the extent that Contractor uses subcontractors or independent
contractors, this contract specifically requires that the level of independence normally exercised by
such subcontractors and independent contractors be curtailed and that they be supervised by the
Contractor.)
III.. All personnel engaged in performing services under this contract shall be fully qualified,
and, if required, to be authorized or permitted under State and local law to perform such services.
15
3. PAYMENTS
The contractor is responsible to assist event sponsors in submitting invoices and support documentation
acceptable to the County's Finance Department for reimbursement.
4. TERM OF CONTRACT
The term of this contract is for three years, commencing on the 1 st day of October, 2004, and ending on the
30th day of September, 2007, with an option to extend for an additional two (2) year period.
5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees to carefully examine the specifications for which the Contractor shall
provide services and assumes full responsibility therefor. The provisions of the Contract shall
control any inconsistent provisions contained in the specifications. Under no circumstances,
conditions, or situations shall this Contract be more strongly construed against the County than
against the Contractor.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the County,
and the County's decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by the County of any of the services furnished by the
Contractor shall not operate as a waiver by the County of strict compliance with the terms of this
Contract, and specifications covering the services. Failure on the part of the Contractor,
immediately after Notice to Correct shall entitle the County, if it sees fit, to correct the same and
recover the reasonable cost of such replacement and/or repair from the Contractor, who in any event
shall be jointly and severally liable to the County for all damage, loss, and expense caused to the
County by reason of the Contractor's breach of this Contract and/or his failure to comply strictly
and in all things with this Contract and with the specifications.
D. The Contractor agrees that the TDC may designate representatives to visit the Contractor's
facility(ies) periodically to conduct random open file evaluations during the Contractor's normal
business hours.
E. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and
approvals required to conduct its business, and that it will at all times conduct its business activities
in a reputable manner. Proof of such licenses and approvals shall be submitted to the County upon
request.
6. CONTRACTOR'S FINANCIAL RECORDS
Contractor shall maintain all books, records, and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. Each party to
this Agreement or their authorized representatives shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during the term of the Agreement and for
four years following the termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not
authorized by this
16
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03,
FS, running from the date the monies were paid to Contractor.
7. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents,
papers, letters or other materials in its possession or under its control subject to the provisions of Chapter
119, Florida Statutes, and made or received by the County and Contractor in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Contractor.
8. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold hannless Monroe County Board of County
Commissioners and the TDC 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 the negligence, errors,
or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or
agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement.
9. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement 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 so as to fmd the Contractor or any of his employees, contractors, servants, or
agents to be employees of the Board of County Commissioners of Monroe County.
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10. NONDISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. County or Contractor agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act
of 1964 (pL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683,
and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of
the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC
ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (pL 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (pL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title vrn of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s, 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting
discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11 )Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of. this
Agreement.
11. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and
with the prior written approval of the Board of County Commissioners of Monroe County and Contractor,
which approval shall be subject to such conditions and provisions as the Board may deem necessary and
pursuant to the recommendation of the County Court Administrative Judge. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval
shall in no manner or event be deemed to impose any additional obligation upon the board.
12. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions of. such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this
contract immediately upon delivery of written notice of termination to the contractor. The contractor shall
possess proper licenses to perform work in accordance with these specifications throughout the term of this
contract.
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13. DISCLOSURE AND CONFLICT OF INTEREST
The Contractor represents that it. its directors. principles and employees. presently have no interest and
shall acquire no interest. either direct or indirect. which would conflict in any manner with the performance
of services required by this contract. as provided in Sect. 112.311. et. seq.. Florida Statutes. County agrees
that officers and employees of the County recognize and will be required to comply with the standards of
conduct for public officers and employees as delineated in Section 112.313, Florida Statutes. regarding. but
not limited to. solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position. conflicting employment or contractual relationship; and
disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require. the Contractor shall notify the
County of any financial interest it may have in any and all programs in Monroe County which the
Contractor sponsors, endorses, recommends. supervises. or requires for counseling, assistance. evaluation.
or treatment. This provision shall apply whether or not such program is required by statute. as a condition
of probation. or is provided on a voluntary basis.
The County and Contractor warrant that. in respect to itself, it has neither employed nor retained any
company or person, other than a bona fide employee working solely for it. to solicit or secure this
Agreement and that it has not paid or agreed to pay any person. company. corporation, individual. or firm.
other than a bona fide employee working solely for it. any fee. commission. percentage. gift. or other
consideration contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision. the Contractor agrees that the County shall have the right to terminate this
Agreement without liability and. at its discretion, to offset from monies owed. or otherwise recover. the full
amount of such fee. commission. percentage. gift. or consideration.
14. ARREARS
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any
contract. debt. obligation. judgment. lien. or any form of indebtedness. The Contractor further warrants and
represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this
contract.
15. NOTICE REOUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed.
postage prepaid, to the other party by certified mail. returned receipt requested. to the following:
FOR COUNTY
Monroe County Court Administrator
500 Whitehead Street
Key West. FL 33040
and
County Attorney
PO Box 1026
Key West. Fl. 33041-1026
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FOR CONTRACTOR:
16. TAXES
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be
exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used
to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax
Exemption Number in securing such materials. The Contractor shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
17. TERMINATION
A. The County may terminate this contract for cause with seven (7) days notice to the Contractor.
Cause shall constitute a breach of the obligations of the Contractor to perform the services
enumerated as the Contractor's obligations under this contract.
B. Either of the parties hereto may terminate this contract without cause by giving the other party sixty
(60) days written notice of its intention to do so.
18. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES
A. This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State.
B. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in
the appropriate court or before the appropriate administrative body in Monroe County, Florida.
C. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
D. Severability. If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall
not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision.
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E. Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action
or administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court
costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
F. Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and
disagreements shall be attempted to be resolved by meet and confer sessions between representatives of
each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer
session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners.
If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
G. Cooperation. In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, County and Contractor
agree to participate, to the extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or provision of the services under
this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
19. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of
the County and Contractor and their respective legal representatives, successors, and assigns.
20. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate action, as required by law.
21. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal
and state funds to further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
22. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
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23. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and
case law.
24. NON-RELIANCE BY NON-PARTIES.
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
25. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require, to include a Public
Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
26. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,
officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer,
agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
27. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by singing any such counterpart.
28. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it
is agreed that such section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
written above in four (4) counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original contract.
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(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
(SEAL)
Attest:
By:
WITNESS
Title:
By:
WITNESS
Title:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Mayor/Chairman
CONTRACTOR
By:
Title:
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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 consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list."
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SECTION FIVE
INSURANCE REQUIREMENTS MONROE COUNTY, FLORIDA
25
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 hannless 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 the negligence, errors, or other wrongful
act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended as a result
of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify
the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for
above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement.
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SECTION SIX
RESPONSE/BID FORMS
27
RESPONSE FORM
RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included:
the Qualifications _
the Non-Collusion Affidavit
Ethics Clause
Drug Free Workplace Form_
In addition, I have included a current copy of the following professional and occupational licenses:
(Check mark items above~ as a reminder that they are included.)
Mailing Address:
Telephone:
Fax:
Date:
Signed:
Witness:
(Seal)
(Name)
(Title)
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NON-COLLUSION AFFIDAVIT
I, of the city of
my oath, and under penalty of peIjury, depose and say that:
according to law on
1. lam
of the firm of
the bidder making the Proposal for the project described in the Notice for Calling for bids for:
and that I executed the said proposal with full authority t do so:
2. the prices in this bid have been arrived at independently without collusion, consultation, communication or
agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder
or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed
by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made b 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.
(Signature of Bidder)
(Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after
first being sworn by me, (name of individual signing) affixed hislher signature in the space provided above on this _ day of
20_.
NOTARY PUBLIC
My Commission Expires:
?Q
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed, retained or otheIWise
had act on his/its behalf any former County officer or employee in violation of Section 2 of 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 this provision the County may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount
of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee.
(Signature)
(Date)
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority, who,
after fIrst being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on
this _ day of ,20_,
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4
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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
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