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Item D4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: APRIL 16, 2009 Division: TDC Bulk Item: Yes x No Department: Staff Contact PersonlPhone #:Maxine Pacini - 296-1552 AGENDA ITEM WORDING: Approval to advertise a Request for Proposal for a Fishing Umbrella to act as an advisory committee to the TDC, making recommendations for the expenditure of promotional and advertising funds to fishing tournaments and the marketing of sport fishing through Monroe County. ITEM BACKGROUND: TDC approved same at their meeting of March 10, 2009 Current Agreement expires on September 30, 2009. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: ST AFF RECOMMENDATIONS: Approval TOTAL COST: NO COST INDIRECT COST: N/ A BUDGETED: Yes -X-No COST TO COUNTY: NO COST SOURCE OF FUNDS: REVENUE PRODUCING: Yes --X- No AMOUNT PER MONTH_ Year APPROVED BY: County Arty -2L OMB/Purchasing N/ A Risk Management N/ A DOCUMENT A TION: Incl uded X Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 NOTICE OF REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on June 16.20(4) at 3:00 P.l\1. at the Monroe County Purchasing Office, the Board of County Commissioners of Monroe County, Florida, will open sealed proposals for the following: FISHING UMBRELLA FOR MONROE COUNTY TOURIST DEVELOPMENT COlJNCIL RFP-TDC- -PURlCV Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR http://www.co.monroecountv-fl.lwv/paees/msdlbids.htm or call toll-free at 1- 800-711-1712. The Public Record is available at the Purchasing Office located at the Gato Building, 1100 Simonton Street, Key West, FL 33040. All questions should be directed to the Administrative Office of the Tourist Development Council by phoning (305) 296-1552. Any addenda to this Request for Proposals (RFP) shall be distributed to vendors on the list of DemandStar distributees for this RFP. Respondents must submit two (2) signed originals and three (3) complete copies of the proposal (total = 5) in a sealed envelope clearly marked on the outside, with the Proposer's name and "Sealed Proposal In Response to Request for Proposals for a Fishing Umbrella for Monroe County Tourist Development Council" addressed to: Monroe County Purchasing Office 1100 Simonton Street, Room 1-213 Key West, FL 33040 Phone: (305) 292-4466 Fax: (305) 292-4465 All proposals must be received by the County Purchasing Office before 3:00 P.M. on J line 16, 2009. Any proposals received after this date and time will be automatically rejected. Materials may be delivered by Certified Mail, Return Receipt Requested, hand-delivered or couriered. Faxed or e-mailed proposals will be automatically rejected. Hand delivered Proposals may request a receipt. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the Monroe County Purchasing Office at the address stated above. Proposers should be aware that certain "express mail" services will not guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each Proposer to ensure its proposal is received in a timely fashion. Monroe County's perfonnance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of Management Services, State of Florida, under Sec. 287. I 33(3)(d), Florida Statutes (1997). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. The recommendation, including a contract, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise in the best interest of the County. The Board reserves the right to reject any and all proposals, to waive informalities in any or all proposals, to re-advertise for proposals; and to separately accept or reject any item or items and to award and/or negotiate a contract in the best interest of the County. Dated at Key West this _day of April, 2009. Fishing Umbrella Request for Proposals - 2009 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSALS FISHING UMBRELLA IVIONROE COUNTY TOURIST lJEVEl.,OPlVIENT COUNCIL Ms. Rita Irwin Ms. Ronnie Banis Mr. Lou Hernandez Mr. Jay Marzella Mayor Morgan McPherson Mayor George Neugent Mr. Frank Rego Mr. Freddy Varela Mr. Douglas Wright Marketing Director Harold Wheeler All responses submitted to this solicitation should be addressed to and received no later than 3:00p.m. on June 16,2009 at: Purchasing l\lonroc COllnty, Florida 1100 Simonton Street, Room 1-213 Key W cst, Florida 33040 Attention: REQUEST FOR PROPOSALS: FISHING UMBRELLA Fishing Umbrella Request for Proposals - 2009 2 TABLE OF CONTENTS Page SECTION ONE Instruction to Respondents 4 SECTION TWO General Terms and Conditions 10 SECTION THREE Terms and Conditions Specific to Fi....11ing Umbrella RFP 12 SECTION FOUR Draft Contract 14 SECTION fiVE Insurance Requirements 24 SECTION SIX County Response/Bid Forms 26 Fishing Umbrella Request for Proposals - 2009 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 Request for Proposals. 1.03 PROPOSAL REQUIREMENTS Two (2) original responses marked "Original" and three (3) copies marked "Copy" [five (5) 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 RESPONDENT CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public Respondent crime may not submit a bid on a contract to provide any goods or services to a public Respondent, may not submit a bid on a contract with a public Respondent 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 Respondent, and may not transact business with any public Respondent in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 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 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 RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in Fishing Umbrella Request for Proposals - 2009 4 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 RespondentlBidder 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 Respondents/Bidders 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 RespondentlBidder 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 RespondentlBidder 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 RespondentlBidder: The RespondentlBidder must sign the response forms in the space provided for the signature. If the RespondentlBidder 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 RespondentlBidder 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 RespondentlBidder shall state in the response the name and address of each person interested therein. 1.08.1 SUBMISSION OF RESPONSES A. Two (2) signed originals and three (3) copies of each response (total = 5) 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 Monroe County Purchasing Office at the address stated in the Notice of Request for Proposals, 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 Request for Proposals. Fishing Umbrella Request for Proposals - 2009 5 C. Each Respondent/Bidder shall submit with his bid the required evidence of his qualifications and experience, as outlined in Article 1.09. 1.09 CONTENT OF SUBMISSION The proposal submitted in response to this RFP 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 wilI not be considered. Responses shall be organized and sections tabbed. The Respondent/B idder 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 Pa2e A cover page that states "REQUEST FOR PROPOSALS 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 RFP process. How will the Respondent/Bidder converge the mission of itself and the mission of the contract? Tab 2. Narrative Self-Analysis Respondent/Bidder shall provide a narrative self-analysis of its strengths, weaknesses, and how each wilI impact the performance of the contract. Tab 3. References Each Respondent/Bidder 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 Fishing Umbrella Request for Proposals - 2009 6 Tab 4. Accounting and bookkeeping procedures Respondent/Bidder 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 Respondent/Bidder shall provide a listing of Fishing Umbrella services, with specific descriptions that will be offered under the Agreement. Tab 6. Staffing a) Respondent/Bidder 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 RFP. 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 Respondent/Bidder shall describe any pending litigation in which the Respondent/Bidder is involved as a result of provision of any services which are described herein. Tab 8. County bid forms Respondent/Bidder 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 27 28 29 30 Copies of all professional and occupational licenses shall be included in this section. Tab 9. Other Information Provide any additional information which will present evaluators with insight about the qualifications, fitness and abilities of Respondent/Bidder. 1.10 MODIFICATION OF RESPONSES A. Written modification will be accepted from Respondent/Bidders if addressed to the Respondent and address indicated in the Notice of Request for Proposals and received prior to bid due date and time. Fishing Umbrella Request for Proposals - 2009 7 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 respondel1t1bidder 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. 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 Request for Proposals. 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. Fishing Umbrella Request for Proposals - 2009 8 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 harmless the County as outlined on the attached form on page 25. 1.17 PREFERENCE When reviewing responses, preference will be given to business entities or individuals residing and doing business within the geographical limits of Monroe County, Florida. Fishing Umbrella Request for Proposals - 2009 9 SECTION TvVO 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 Proposals (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 remuneration 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 one 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. Specifications - Those portions of the contract documents consisting of written technical descriptions of materials and services required under the contract. Fishing Umbrella Request for Proposals - 2009 10 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. 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 expe11ise as may be necessary to perform the work in accordance with the contract documents. 2.02.2 Pm1s, Materials and Equipment Unless otherwise specified in the contract, the Contractor shall furnish and assume full responsibility for all services, materials, equipment, labor, transp0l1ation, 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 pe11inent 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. 2.02.6 Failure to Execute Required Forms Failure to execute the required forms shall result in the Respondent being disqualified and its response will be rejected. Fishing Umbrella Request for Proposals - 2009 II SECTION THREE SPECIFICA TIONS, SPECIFIC CONDITIONS RE FISHING UMBRELLA The Monroe County Tourist Development Council (TOC) provides an annual budget allocation (Fishing Umbrella) for the marketing and promotion of sportfishing, primarily fishing tournaments, throughout the Florida Keys. The TOC is seeking a non profit organization to oversee the Fishing Umbrella who acts as an advisory committee to the TOC, making recommendations for the expenditure of promotional and advertising funds to fishing tournaments and the marketing of sportfishing through Monroe County. Respondent shall provide Fishina Umbrella services for the County as described below: A. Respondent shall establish an annual recommended line item breakdown of a budgetary allocation provided by the Monroe County Tourist Development Council (TOC) to include, but not be limited to the following: 1. Respondent shall recommend a minimum of thirty percent (30%) of the Fishing Umbrella budget to national media advertising and public relations. 2. Respondent shall make recommendations to the TOC by those members who sit on the Fishing Umbrella Recommendation Committee. There shall be five (5) members, one each representing the five TOC districts. Recommended appointments will be approved by the TOC. Any subsequent changes to the Recommendation Committee shall be provided in writing to the TOC Administrative Office for approval by the TOC. 3. Respondent shall seek approval by the TOC of the Fishing Umbrella application that conforms with all TOC policies and procedures. 4. Respondent shall advertise the availability of the Fishing Umbrella program through which event coordinators may apply for promotional funding. The advertisement shall be placed at a minimum, in a newspaper of general circulation, in each of the three primary areas of the county, to wit: Lower Keys, Middle Keys and Upper Keys. The advertisement shall give notice of the availability of funding, the restriction of such funding to promotional expenditures, and any other information which the Respondent deems necessary to conduct the Fishing Umbrella program. The Respondent may place the advertisements and be reimbursed pursuant to paragraph 3, or may request the TOC to place the advertisements and pay the newspapers directly by providing details in writing. 5. Respondent shall conduct at least one (1) educational workshop(s) each year within two (2) weeks after the release of the request for application, to explain the application process and TOC procedures and permissible expenditures to all potential applicants. 6. Respondent shall make recommendations to the TOC for the equitable district-wide percentage distribution of Fishing Umbrella funding allocations for all qualified events/activities on an annual basis. 7. Respondent shall review with each fishing event applicant the permissible expenditures of advertising and promotional within the budget and submit to appropriate agency of record for approval. 8. Respondent shall notify TOC Administrative Office in writing, the Respondent's approval of any deviations from approved contracts including events dates and tournament name. Fishing Umbrella Request for Proposals - 2009 12 9. Respondent shall assist fishing event coordinators with reimbursement or direct payment to vendor requests ensuring that all documentation comply with permissible expenditures and is provided to the Monroe County Finance Department. 10. Respondent shall provide a schedule of Fishing Umbrella meeting dates, to include start time and venue to the TDC Administrative Office on an annual basis, providing the TDC Administrative Office with the information required to place all public notices announcing Fishing Umbrella meetings under the same rules as required by all governmental meetings under F.S. 286.11. If a meeting has been duly publicly noticed and subsequently cancelled, Respondent shall notify the media by public service announcements (PSAs) or place the appropriate advertisement in the media. 11. Respondent shall provide the TDC Administrative Office a copy of the agenda and all attachments seven (7) working days prior to a regularly scheduled meeting. 12. Respondent may establish a county-wide photo program to be distributed to national trade and consumer publications. Photos to be provided by the Respondent to the public relations agency of record. Photos to represent award winners and media attractive fishing photos. 13. Respondent may solicit sponsorships other than advertising media to offset Respondent's administrative and operational costs. Respondent shall not receive any administration compensation, directly or indirectly, out of the TDC Fishing Umbrella funds. 14. Upon the request of the TDC, Respondent shall be required to provide a representative at a public meeting to address Fishing Umbrella issues and/or make a presentation. Fishing Umbrella Request for Proposals - 2009 13 SECTION FOlJR DRAFT CONTRACT THIS AGREEMENT ("Agreement"), made and entered into this _ day of ,2009, 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 Request for Proposals (RFP) 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 Fishing Umbrella services for the County as described below: Contractor shall establish an annual recommended line item breakdown of a budgetary allocation provided by the Monroe County Tourist Development Council (TDC) to include, but not be limited to the following: 1. Respondent shall recommend a minimum of thirty percent (30%) of the Fishing Umbrella budget to national media advertising and public relations. 2. Respondent shall make recommendations to the TDC by those members who sit on the Fishing Umbrella Recommendation Committee. There shall be five (5) members, one each representing the five TDC districts. Recommended appointments will be approved by the TDC. Any subsequent changes to the Recommendation Committee shall be provided in writing to the TDC Administrative Office for approval by the TDC. 3. Respondent shall seek approval by the TDC of the Fishing Umbrella application that conforms with all TDC policies and procedures. 4. Respondent shall advertise the availability of the Fishing Umbrella program through which event coordinators may apply for promotional funding. The advertisement shall be placed at a minimum, in a newspaper of general circulation, in each of the three primary areas of the county, to wit: Lower Keys, Middle Keys and Upper Keys. The advertisement shall give notice of the availability of funding, the restriction of such funding to promotional expenditures, and any other information which the Respondent deems necessary to conduct the Fishing Umbrella program. The Respondent may place the advertisements and be reimbursed pursuant to Fishing Umbrella Request for Proposals - 2009 14 paragraph 3, or may request the TDC to place the advertisements and pay the newspapers directly by providing details in writing. 5. Respondent shall conduct at least one (1) educational workshop(s) each year within two (2) weeks after the release of the request for application, to explain the application process and TDC procedures and permissible expenditures to all potential applicants. 6. Respondent shall make recommendations to the TDC for the equitable district-wide percentage distribution of Fishing Umbrella funding allocations for all qualified events/activities on an annual basis. 7. Respondent shall review with each fishing event applicant the permissible expenditures of advertising and promotional within the budget and submit to appropriate agency of record for approval. 8. Respondent shall notify TDC Administrative Office in writing, regarding the Respondent's approval of any deviations from approved contracts including events dates and tournament name. 9. Respondent shall assist fishing event coordinators with reimbursement or direct payment to vendor requests ensuring that all documentation comply with permissible expenditures and is provided to the Monroe County Finance Department. 10. Respondent shall provide a schedule of Fishing Umbrella meeting dates, to include start time and venue to the TDC Administrative Office on an annual basis, providing the TDC Administrative Office with the information required to place all public notices announcing Fishing Umbrella meetings under the same rules as required by all governmental meetings under F.S. 286.11. If a meeting has been duly publicly noticed and subsequently cancelled, Respondent shall notify the media by public service announcements (PSAs) or place the appropriate advertisement in the media. 11. Respondent shall provide the TDC Administrative Office a copy of the agenda and all attachments seven (7) working days prior to a regularly scheduled meeting. 12. Respondent may establish a county-wide photo program to be distributed to national trade and consumer publications. Photos to be provided by the Respondent to the public relations agency of record. Photos to represent award winners and media attractive fishing photos. 13. Respondent may solicit sponsorships other than advertising media to offset Respondent's administrative and operational costs. Respondent shall not receive any administration compensation, directly or indirectly, out of the TDC Fishing Umbrella funds. 14. Upon the request of the TDC, Respondent shall be required to provide a representative at a public meeting to address Fishing Umbrella issues and/or make a presentation. 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 RFP 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. ] Fishing Umbrella Request for Proposals - 2009 ]5 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. 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 the contract is for three years, commencing on the 1 st day of October, 2009, and ending on the 30th day of September, 2012, with an option to extend for one 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 constmed 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 warrants that it 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 Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, mnning from the date the monies were paid to Contractor. Fishing Umbrella Request for Proposals - 2009 16 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 harmless 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 find the Contractor or any of his employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 10. NONDISCRIMINATION The parties 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. The parties 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 VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and 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 VIII of the Civil Rights Act of 1968 (42 USC SS 3601 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 SS 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits Fishing Umbrella Request for Proposals - 2009 17 discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender id Respondent 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. 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. 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. 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. Fishing Umbrella Request for Proposals - 2009 18 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 REQUIREMENT 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 TDC: Lynda Stuart 1201 White St. Suite 102 Key West, FL 33040 and County Attorney PO Box 1026 Key West, Fl. 33041-1026 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. Fishing Umbrella Request for Proposals - 2009 19 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. 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. F. 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. Fishing Umbrella Request for Proposals - 2009 20 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. 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 Respondent from any obligation or responsibility imposed upon the Respondent by law except to the extent of actual and timely performance thereof by any participating Respondent, 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 Respondent 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, Respondent 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 Respondent 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. Fishing Umbrella Request for Proposals - 2009 21 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. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Deputy Clerk Mayor/Chairman (CORPORATE SEAL) Attest By By Secretary President Print Name Print Name Date: Date: OR TWO WITNESSES (1 ) (2) (1 ) Print Name (2) Print Name Date: Date: Fishing Umbrella Request for Proposals - 2009 22 PUBLIC RESPONDENT CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public Respondent crime may not submit a bid on a contract to provide any goods or services to a public Respondent, may not submit a bid on a contract with a public Respondent for the construction or repair of a public building or public work, may not submit bids on leases of real property to public Respondent, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public Respondent, and may not transact business with any public Respondent 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." Fishing Umbrella Request for Proposals - 2009 23 SECTION FIVE INSURANCE REQUIREMENTS MONROE COUNTY, FLORIDA Fishing Umbrella Request for Proposals - 2009 24 RISK ~IANAGKMENT POLICY AND PROCEDURES CONTRACT A])MINISTRA TION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by 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. Fishing Umbrella Request for Proposals - 2009 25 Fishing Umbrella Request for Proposals - 2009 SECTION SIX RESPONSE/BID FORMS 26 RESPONSE FORM RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS do PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 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) Fishing Umbrella Request for Proposals - 2009 27 NON-COLLUSION AFFIDAVIT L of the city of my oath, and under penalty of perjury, depose and say that: according to law on I. I am of the firm of the bidder making the Proposal for the project described in the Notice for Request for Proposals for: and that I executed the said proposal with full authority 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 eounty relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Bidder) (Date) STATE OF: eOUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this _ day of 20_. NOT ARY PUBLIe My eommission Expires: Fishing Umbrella Request for Proposals - 2009 28 SWORN STATEJ\11ENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that helit 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. (S ignature) (Date) STATE OF COUNTY OF PERSONALL Y APPEARED BEFORE ME, the undersigned authority, who, after first being SWOrn by me, affixed his/her signature (name of individual signing) in the space provided above on this_day of ,20 . NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 Fishing Umbrella Request for Proposals - 2009 29 DRUG-FREE WORKPLACE FORJ\;I The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies that: (Name of Business) I. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of ehapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature Date Fishing Umbrella Request for Proposals - 2009 30