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Item C24 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 12/15/04 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: Approval of Professional Service Agreement with The Boyd Group, to recruit Commercial Air Service to the Florida Keys Marathon Airport. ITEM BACKGROUND: This is a Master Agreement. Individual tasks will be provided under separate Professional Service Orders. PREVIOUS RELEVANT BOCC ACTION: Approval to apply for a Small Community Air Service Program Grant for the Marathon Airport, 3/17/04. Approval for URS to provide an Air Service Study for the Marathon Airport, 3/17/04. CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATION: Approval TOTAL COST: $225 per hour, $1,800 per meeting day $4,200/$2,100 per presentation document BUDGETED: Yes COST TO AIRPORT: 50% COST TO PFC: None COST TO COUNTY: None SOURCE OF FUNDS: FDOT, Airport Operating Budget REVENUE PRODUCING: N/A AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DIRECTOR OF AIRPORTS APPROVAL DOCUMENTATION: Included X To Follow Not Required AGENDA ITEM # C ;;lL/ DISPOSITION: /bev APB MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: The Boyd Group Effective Date: 12/15/04 Expiration Date: 12/14/05 Contract Purpose/Description: Professional Service Agreement to recruit Commercial Air Service to the Florida Keys Marathon Airport Contract Manager: Bevette Moore (name) # 5195 (Ext.) Airports - Stop # 5 (Department/Courier Stop) Agenda Deadline: 11/30/04 for BOCC meeting on: 12/15/04 CONTRACT COSTS Total Dollar Value of Contract: Unknown - billed by hour, task Current Year Portion: Unknown Budgeted? Yes Account Codes: 403-63529-530490-GAMD26 Grant: Yes - FDOT County Match: 50% Airport Operating Estimated Ongoing Costs: N/A (not included in dollar value above) ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Yes No r:t<r44 Airports Director '1./~O4 ( ) ~ Risk Management fulJ01 ( ) (".y- O.M.B.lPurchasing I~? / Ot.-J ( ) ( ) County Attorney rLJ ~I ~ '-f ( ) (~ Comments: Date Out '1../1J~ ~2JW r.2J ~/!!::{ fld~~ PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 15th day of December, 2004, by and between The Monroe County 'Board of County Commi~sioners, <hereafter referred to as the County) and The Boyd Group/ASRC, Inc., whose Federal Identification Number is 84-0968-568 <hereinafter called "The Boyd Group") WHEREAS, it has been determined to be in the best interest of the County to obtain consulting services to enhance the ability to attract new air service to the Florida Keys Marathon Airport; now therefore IN CONSIDERATION OF the mutual promises and covenants of this agreement, the parties agree as follows: 1. TERM OF AGREEMENT This Agreement shall begin on the above written date and shall end on December 14, 2005, subject to early termination as specified below. The County shall have an option to extend this agreement for an additional year term upon the same terms and conditions, upon giving at least thirty days notice to the Boyd Group of its intention to exercise the option. 2. SCOPE OF SERVICES The scope of services will include preparation of documents outlining the new air service opportunity that the Florida Keys, Marathon airport represents, arranging meetings with prospective airlines, and participation in and facilitation of meetings with airlines on the subject of Florida Keys air service. The scope will also include occasional meetings in the Florida Keys with airport staff, County officials, and interested residents, to update air service recruitment efforts. Meetings with County officials and/or residents shall be advertised public meetings. SERVICES SHALL ONLY BE PROVIDED AS AUTHORIZED BY THE DIRECTOR OF AIRPORTS AND SHALL BE ON A PROJECT BY PROJECT BASIS AS DELINEATED IN SECTION 4 BELOW. 3. INDEPENDENT CONTRACTOR 1 At all times and for all purposes under this agreement the Consultant . is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the Consultant or any of hislher employees, contractors, servants, or agents to be employees of the Board of County CommiASioners for Monroe County. 4. BIT.T .JNGS AND COMPENSATION THE BOYD GROUP acknowledges that it is an independent contractor and is responsible for all taxes and there shall be no withholding of taxes. The professional services fee for developing documents outlining Florida Keys Marathon new service options will be $4,200 for the first document, and $2,100 for second or subsequent airline presentations, plus project expenses. Project expenses are billed at cost, and include only such expenses that are usual and reasonable and would typically include any printing or overnight delivery. Arranging meetings with an airline and participation in and facilitation of such a meeting will cost $1,800 per meeting day, plus reasonable and normal travel expenses associated with the airline visit. Participation in meetings in the Florida Keys with civic parties will also cost $1,800 per meeting day, plus reasonable and normal associated travel expenses. The Boyd Group will also undertake, at client's direction, ad hoc work related to ongoing air service development at the Florida Keys Marathon Airport at the rate of $225 per consultant hour. The Boyd Group shall provide a specific written proposal and a written estimate of cost to the county prior to undertaking any services contemplated in this agreement. The Boyd Group shall not proceed with any proposed service until the County has provided written acceptance of the proposal. The County shall not be lia~le for any costs associated with a proposal unless the County has accepted the proposal The Boyd Group shall submit an lump sum invoice for all approved services prior to payment by the County. 2 5. PAYMENT The County shall pay the Consultant pursuant to the Florida Prompt Payment Act upon receipt of a proper invoice from the Consultant for the faithful performance of the invoiced service in an arrears basis. 6. ASSIGNMENT/SUBCONTRACT The Consultant shall not assign or subcontract it obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Consultant, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed-upon price of the services/goods of the Consultant. 7. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Consultant 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 note of termination to the Consultant. The Consultant shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 8. ASSURANCE AGAINST DISCRIMINATION County and Consultant 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 3 of any party, effective the date of the court order. County or Consultant 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 ofhandicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC SSe 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 SSe 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VITI 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:&om 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 nondi..sM'imination provisions in any Federal or state statutes which ~ay apply to the parties to, or the subject matter of, this Agreement. 9. INSURANCE 4 Consultant shall provide docUmentation of insurance coverage required for those individuals or firms that perform work for or on behalf of the County, as specified in the Monroe County Risk Management Policy and Procedures Manual, subject to waiver by the Risk management Department, as follows: A) General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of ~ contract. In addition, the period for which claims may be reported should extend for a minimum' of twelve (12) months following the acceptance of work by the County. s The Monroe County Board of County Commigsioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. B) Recognizing that the work governed by this contract requires the use of vehicles, the Consultant, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSO If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commigsioners shall be named as additional Insured on all policies issued to satisfy the above requirements. C) Recognizing that the work governed by this contract involves the furnighing of advice or services of a professional nature, the Consultant shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Consultant arising out of work governed by this contract. The minimum limits of liability shall be: 6 $250,000 per Occurrence/$500,000 Aggregate D) Prior to the commencement of work governed by this contract, the Consultant shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Consultant shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. H the Consultant has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Consultant's status. The Consultant may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Consultant's Excess Insurance Program. H the Consultant participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Consultant may be required to submit updated financi~ statements from the fund upon request from the County. 10. HOLD HARMLESS 7 The Consultant covenants and agrees to indemnify and hold harmless Monroe County Board of County Commi~oners 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 Consultant or any of its SubConsultant(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Consultant 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 Consultant's failure to purchase or maintain the required insurance, the Consultant 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 Conswtant 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. 11. PROFESSIONAL RESPONSmILITY The Consultant warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents. The Consultant shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided.. Continued ~ding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of Consultant. 12. NOTICE REQUIREMENT 8 Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party be certified mail, returned receipt requested, to the following: FOR COUNTY: FOR CONSULTANT: Bevette Moore Michael Boyd Airport Business Manager 78 Beaver Brook Canyon Road Key West International Airport Evergreen, Co. 80439 3491 S. Roosevelt Blvd. Key West, Fl 33040 13. EARLYTERMINATION .A) In the event that the Consultant shall be found to be negligent in any aspect of completion of the Scope of Work, the County shall have the right to terminate this agreement after five days written notification to the Consultant. 14. GOVERNING LAWSIVENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or acJm;n;~trative proceeding is instituted for the enforcement or interpretation of the Agreement, the County and Consultant agree that venue will lie in the appropriate court or before the appropriate adm;n;~trative body in Monroe County, Florida. The County and Consultant 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 adm;ni~ative or legal proceeding. 15. RECORDKEEPING Consultant 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 9 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. H an auditor employed by the County or Clerk determines that monies paid to Consultant pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Consultant shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Consultant. 16. CONFIDENTIALITY Any information in the records and files of the client shall be considered confidential and THE BOYD GROUP agrees that it will not disclose any confidential information without the express written consent of the client. 17. SEVERABTT .TTY 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 Consultant 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. 18. ATTORNEY'S FEES AND COSTS The County and Consultant agree that in the event any cause of action or admini~trative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party 10 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. 19. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Consultant 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 Consultant 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. i\DJUDICATION OF DISPUTES OR DISAGREEMENTS County and Consultant 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 Commi!4Si.oners. If the issue or issues ~ 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. 23. COOPERATION II In the event any admini~trative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Consultant 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 Consultant specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 24. COVENANT OF NO INTEREST County and Consultant covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 25. CODE OF ETmCS 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 n 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. 26. NO SOLICITATIONIPAYMENT The County and Consultant 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 ~ pay any person, company, corporation, individual, or firm, other than a bona fide employee workii1g solely for it, any fee, commi~on, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or 12 violation of the provision, the ConsUltant agrees that the County shall have the right to terminate this Agreement without liability aneL at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 27. PUBLIC ACCESS The County and Consultant 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 Consultant in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Consultant. 28. NON-WAIVEROFIMMUNITY Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of the County and the Consultant in this Agreement and the acquisition of any commercia1liability insurance coverage, self-inSurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for w81ver. 29. PRIVILEGES AND IMMUNl'1'lES 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 90unty 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. 30. LEGAL OBLIGATIONS AND RESPONRTRTT.TTIES 13 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 and 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. 31. 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 Consultant agree that neither the County nor the Consultant 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_ 32. ATTESTATIONS Consultant 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. 33. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement ~f any member, ofIicer, 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 14 be subject to any personal liability or accountability by reason of the execution of this Agreement. 34. EXECUTION ON 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 sigTIing any such counterpart. 35. 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. The Boyd Group/ASRC, Inc. By: Date: Michael J. Boyd, President The Monroe County Board of County CommiAsioners Attest:DANNY L. KOLHAGE, CLERK BOARDOF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Mayor Dixie Spehar Deputy Clerk 13H~O S.A3NHOllY A:>N30U~ns 1Wn ONY 110:1 OJ. SY OlAOHddY AS IS 31VQ LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 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 PERSONALL Y 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 NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perJury, depose and say that: 1) I am Proposal fOf' the project described as follows: . the bidder making the 2) The prices in this bid have ban arrived at Independently without collusion, consultation, communication Of' agreement fOf' the purpose of restricting competition, as to any matter relating to such prices with any other bidder Of' with any competltOf': 3) Unless otherwise required by law, the prices which have ban quoted in this bid have not ban knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder priOf' to bid opening, directly Of' Indirectly, to any other bidder Of' to any competitor: and 4) No attempt has ban made Of' will be made by the bidder to induce any other person, partnership Of' corporation to submit, Of' not to submit, a bid fOf' the purposc of restricting competition: e) The statements contained In this affidavit are ..".. and correct, and mcide with full knowledge that Morroe County relies upon the tMh of the statelMntl contained In this affidavit In awarding contracts for said proJect. STATE OF (Slgncrhn of Bidder) COUNTY OF DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of .2003. . My commission expires: NOTARY PUBUC OMB - MCP FORM #1 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture, distnbution, 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 connnodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4. In the statement specified in subsection (I), 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 OMB - MCP#5 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." By: