Item T07
BOARD OF COUNTY COMJ\USSIONERS
AGENDA ITEM SUMMARY
Division: County Administrator
Staff Contact Person: Natileene Cassel
Telephone# 292-3470
AGENDA ITEM WORDING: Discussion and direction from the BOCC regarding the
future of the Hickory House property and consideration ofthe single response to the RFP
received on October 29,2009, which is non-conforming. In order to accept the response
the Board must vote to waive the requirements of the Request for Proposal.
Meeting Date: November 18. 2009
Bulk Item: Yes ~ No
ITEM BACKGROUND: A Request for Proposal for the sale/purchasellease of the Hickory
House property was advertised in late September 2009. The single response to the RFP does not
conform to the Request to Produce. The proposer or his designee did not attend the pre-bid
conference as required in the Notice of Request for Proposals and in Section 1.03. The response
did not contain the qualification of proposers required by Section 1.04. The response did not
provide the required documents called for in Section 1.05 of the RFP. The proposal provided very
few details of the proposed project. The RFP called for details such as a graphic representation of
the anticipated use, parking, ingress and egress, and other details of the project. Section Five of
the RFP specifically explained what information was called for and how to set these details forth
in tabbed sections. The proposal did not provide an adequate executive summary, relevant
experience, references and past performance on similar projects as well as other information in
that section.
PREVIOUS RELEVANT BOCC ACTION: In August 2006, the County purchased the
Hickory House property located at 5948 Peninsula Avenue, Stock Island, Key West, Florida. The
property was subsequently put out for bid, and the BOCC accepted a bid from King's Pointe
Marina LLC (KPM). In August 27, 2008, KPM cancelled their contract with the County to
purchase the Hickory House Property. In June 2009, a second Request for Proposal was
advertised; the County rejected the single proposal in August 2009. A Request for Proposal for
the purchase a/salellease of the Hickory House property was advertised in late September 2009,
one proposal was submitted. It is the proposal before the BOCC.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS:
TOTAL COST:
-0-
BUDGETED: Yes
No----.X
COST TO COUNTY: -0-
SOURCE OF FUNDS:
DIFFERENTIAL OF LOCAL PREFERENCE- IA
REVENUE PRODUCING: Yes ~ AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing _Risk Management_
DOCUMENTATION: Included X
DISPOSITION:
AGENDA ITEM #
Not Required_
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2009 LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# L05000010342
Entity Name: J2 DEVELOPMENT, LLC
FILED
ApI' 27, 2009
Secretary of State
Current Principal Place of Business:
102 SUNSET LANE
SHAL1MAR, FL 32579
New Principal Place of lBusiness:
Current Mailing Address:
PO BOX 343
SHALIMAR, FL 32579
New Mailing Address:
FEI Number: 20-228765S
Fa Number ApplIed For ( l
FE! Number Not Applicable C )
Certificato of Sta1U$ Desired ( )
Name and Address of Current Registered Agent:
FLEET, H, BART ESQ.
1104 EGLIN PARKWAY
SHALl MAR, FL 32579 US
Name and Address of New Registered Agent:
The above named entity submits this statementfor the purpose of changing its registered office or registered agent, or both,
in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
MANAGING MEMBERSJMAtfAGERS:
Date
ADDITIONS/CHANGES:
Title:
Name:
Address:
City-St-Zip:
MGRM ( ) Delete
NABORS, JAMES E II
PO BOX 343
SHALIMAR, FL 32579
MGRM ( ) Delete
NABORS, JAMES E III
PO BOX 343
SHALlMAR, FL 32579
TiUe:
Name:
Address:
City.st-Zip;
( ) Change ( ) Addition
Title:
Name:
Address:
City-St-Zip:
Title:
NIlme:
Address;
CHy-St-Zlp:
( ) Change ( ) Addition
I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida
Statutes. I further certify that the information indicated on this report is true and accurate and that my electronic signature
shall have the same legal effect as jf made under oath; that I am a managing member or manager of the limited liability company
or the receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statutes,
SIGNATURE: JAMES E. NABORS It MGMR 04/27/2009
Electronic Signature of Signing Managing Member, Manager, or Authorized Representative I Date
MONROE COUNTY
REQUEST FOR PROPOSAL
FOR THE
SALEjPURCHASEjLEASE OF THE "HICKORY HOUSE" PROPERTY
MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Mayor, George Neugent
Commissioner, Kim Wigington, District 1
Commissioner, Heather Carruthers, District 3
Commissioner, Mario DiGennaro, District 4
Mayor Pro tern Sylvia Murphy, District 5
COUNTY ADMINISTRATOR
Roman Gastesi
SENIOR BUDGET DIRECTOR
Tina Boan
CLERK OF THE CIRCUIT COURT DANNY L. KOLHAGE
October 2009
Prepared by:
NatUeene W. Cassel, Assistant County Attorney
Monroe County Attorney's Office
1
"
TABLE OF CONTENTS
PAGE
NOTICE OF REQUEST FOR PROPOSAL
3
SECTION ONE
Instruction to Bidders
5
SECTION TWO
RFP Specifications
14
SECTION THREE
Sample Contract for Purchase and Sale
Sample Lease
18
SECTION FOUR
Definitions
38
SECTION FIVE
Proposal
40
SECTION SIX
Proposal Forms
45
2
NOTICE OF REQUEST FOR PROPOSALS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on October 29,2009 at 3:00
P.M. at the Monroe County Purchasing Office, the Board of County Commissioners of Monroe County,
Florida, will open sealed proposals for the following:
SALE/PURCHASEILEASE OF
THE "HICKORY HOUSE" PROPERTY
MONROE COUNTY, FLORIDA
RFP- BOCC-302-63-2009-PUR/CV
The Board of County Commissioners of Monroe County, Florida, hereby requests sealed proposals from
applicants who wish to purchase or lease the property previously known as the "Hickory House" located at
5948 Peninsular Avenue, Stock Island, Key West, Florida. The County is willing to explore creative fully
funded options for the purchase or lease of this property. The Property is offered on an "AS IS" basis. Any
proposal shall comply with all the laws, ordinances, rules and regulations of the County, State, and Federal
government. Proposals which do not comply are subject to rejection by the Board of County Commissioners.
Proposers may choose to submit proposal for the use of the property. The specific requirements for the
proposals are set out in the Request for Proposal.
A one time mandatory pre-bid meeting wiD be held on October 14, 2009 at 2:00 P.M. at the Property.
Proposers or their representatives must be present, non-attendance at the pre-bid meeting shall be cause for
automatic rejection of the proposal. A tour of the Property will be conducted at that time by County staff for
the benefit of the Proposers.
Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at
www.demandstar,com OR www,co,monroecounty-fl.gov/pages/msd/bids.htm or call toll-free at 1-800-711-
1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building,
1100 Simonton Street, Room 1-213, Key West, Florida. Questions should be directed, in writing, to John
King, Senior Director Lower Keys Operations, 1100 Simonton Street, Suite 2-284, Key West, Florida 33040,
by facsimile to (305) 295-4349. All answers will be by Addenda.
Interested firms or individuals are requested to indicate their interest by submitting two (2) signed originals
and five (5) complete copies [total = seven (7)], ofthe proposal in a sealed envelope clearly marked on the
outside, with the Proposer's name and "Proposal for Sale/PurchaselLease of the "Hickory House"
Property, Monroe County, Florida" addressed to:
Monroe County Purchasing Office
1100 Simonton Street, Room 1-213
Key West, FL 33040
Phone: (305) 292-4466
Fax: (305) 292-4465
3
All Responses must be received by the County Purchasing Office before 3:00 P.M. on October 29,
2009. Any Proposals received after this date and time will be automatically rejected. Materials may be
delivered by Certified Mai4 Return Receipt Requested, band-delivered or couriered. Faxed or e-mail~d
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 entity
and 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 performance and obligation to pay tmder this contract is contingent upon an annual
appropriation by the Board of COtmty 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. 287.133(3)(d)~ Florida Statute (1997). Monrqe County declares that all or portions
of the documents and work papers and other fonTIS of deliverables pursuant to this request shall be
subject to reuse by the County.
Interested finns or individuals will be evaluated and selected by a selection committee. The resulting
election and recommendation will be presented to the Board of County Commissioners for final decision.
If no contract can be negotiated, with the first ranked Proposer, the Board reserves the right to negotiate
with the next selected proposer"
The Board reserves the right to reject any and all Responses, to waive informalities in any or all
Responses, to re-advertise for Responses; 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 24th day ofSeptember~ 2009.
Monroe County Purchasing Department
Publication dates:
Reporter (Fr)
Keynoter (Wed)
Citizen (Su)
10/2/09
9/30/09
9/27/09
4
SECTION ONE
INSTRUCTION TO BIDDERS
1.01 DESCRIPTION
A The County is seeking proposals for use of the property previously known
as the "Hickory House", located at 5948 Peninsular Avenue, Stock Island,
Key West, Florida. Proposers are encouraged to provide a proposal for the
purchase or lease for the property. Proposers must fully describe the
proposed use for the property.
The property consists of two+ lots with an approximate land square footage
of24,375.
The Legal Description is:
Lots 30,31 and the West ~ of Lot 32, in Square 46, according to
Maloney's Subdivision of a part of Stock IsI~d, Monroe County, Florida,
as recorded in Plat Book 1, Page 55, ofthePublic Records of Monroe
County, Florida.
B. Proposers should be aware:
1. The property, buildings and dock have been vacant for at least three
years;
2. The County does not warrant the condition the property, buildings
and dock or their suitability for a specific use;
3. No portion of Peninsula Avenue is included in the legal description
of the property and should not be included in any proposal for use
of the property;
4. Proposers shall not include the abandonment of Peninsula Avenue
as part of any proposal, including for use as parking, expansion, or
any other portion oftheir Proposal;
5. The property is zoned MO, mixed use;
6. Proposers shall not consider or propose the use of the old boat
ramp located at the end of Peninsula Avenue as part of their
proposal;
7. The Purchaser shall accept a quitclaim deed; and
8. any purchase or lease ofthe property is offered on an "AS IS"
basis.
C. The following documents are provided for informational purposes only
and are available for viewing in the office of Monroe County Purchasing
Department, Gato Building Room 213, at 1100 Simonton Street, Key
West:
1. Report of Environmental Site Assessment: Phase 1;
2. Environmental Affidavit dated November 28, 2006;
3. Authorization to Rely on Environmental Assessment,;
5
4. Boundary Survey dated November 21,2006; and
5. Limited Renovation Asbestos Survey Report dated January 29,
2007,
Proposers shall not rely on the above documents to portray the present
state of the property, nor does the County warrant the information in the
documents. Proposers should obtain their own individual surveyor other
studies as they determine necessary. Any surveys, studies, or other
material which an individual Proposer deems necessary, shall be
conducted solely at the expense of the Proposer, and shall be
conducted in a time-frame which will not postpone the sale or lease of the
property .
D. The County is interested in proposals which state a detailed specific
intended use for the property. These proposals should explain the financial
arrangements necessary to accomplish the Proposer's goal. All proposals
shall conform to the requirements of this Request for Proposal. While the
County encourages Proposers to submit any legitimate proposal, all
proposals shall include specific details regarding the anticipated use. The
County retains the right to reject any and all proposals.
1.02 DEFINED TERMS
Terms used in the Instructions to Proposers are defined and have the meanings
assigned to them in the General Definitions, Section 4.
1.03 EXAMINATION OF BIDDING DOCUMENTS, SITE VISIT AND PRE-BID
MEETING
A. Complete sets of Proposal Documents will be issued and shall be used in
preparing proposals. The COUNTY does not assume any responsibility for
errors or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of Proposal Documents may be obtained in the manner and
at the location stated in the Notice of Calling for Proposals,
C. ,Each Proposer shall thoroughly examine all the Proposal Documents.
Ignorance on the part ofthe Proposer shall in no way relieve him of the
obligations and responsibilities assumed under this proposaL
D. Submitted Proposals MUST include an Insurance Agent Statement and a
completed Insurance Checklist.
E. A one time mandatory pre-bid meeting will be held on Wednesday,
October 14, 2009 at 2:00 P.M. at the property. Proposers or their
representatives must be present; non-attendance at the pre-bid meeting shall
be cause for automatic rejection of the proposal. A tour of the Property will
be conducted at that time by County staff for the benefit of Proposers.
County staffwill not answer questions verbally at the pre-bid meeting. Any
questions which may arise at the pre-bid meeting shall be submitted in
writing pursuant to Section 1.07 below. If the County determines that any
6
written questions require official additions, deletions, or clarifications of the
Request for Proposal, the County will issue a written summary of questions
and answers or an addendum to this Request for Proposals as the County
determines is appropriate, No oral representations or discussions, which
may take place at the pre-proposal meeting, will be binding on the
Department.
1.04 QUALIFICATIONS OF PROPOSERS (TO BE SUBMITTED WITH
PROPOSAL)
A. Each proposal must contain evidence ofthe Proposer1s qualifications to do
business of the type delineated in the proposal and in the Florida Keys.
B. To demonstrate qualifications to perform under the proposal, each
Proposer shall submit written evidence as to:
1. Previous successful experience in similar work;
2. References with names, addresses, and telephone numbers;
3. Description of previous project, a~dress of the previous project;
4. A list of the volume of present commitments;
5. Evidence of possession of valid state, county, and local
licenses necessary to operate the proposed business. No
Proposal will be accepted without the evidence of valid
licenses attached;
6. Current financial statement of the Corporation, individual or
other entity, who will be involved in the financing; and/or
operation of the business proposal;
7. A list of the names, addresses and telephone numbers of
owners, officers and members ofthe Board of Directors, or all
persons with an ownership interest in the business entity.
C. At the discretion of the County, and depending upon the details of the
Proposa~ a bond may be required in the type and amount determined by the
County.
1.05 DISQUALlFICA TION OF PROPOSERS
A. ONE PROPOSAL: Only one proposal from an individual, firm,
partnership or corporation under the same or under different names will
be considered. In the event evidence is discovered which indicates a
Proposer has interest in more than one proposal for the work involved, all
proposals in which such a Proposer is interested may be rejected,
B. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in
response to this invitation must execute the enclosed NON-COLLUSION
AFFIDAVIT. If it is discovered that collusion exists among the proposers,
the bid or proposals of all participants is such collusion shall be rejected,
7
and no participants in such collusion will be considered in future bids for
the same work.
C. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on
the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to a
public entity~ may not submit a bid or proposal on a contract with a public
entity for the construction or repair of a public building or public work,
may not submit bids on leases or petform 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.
Category Two: $25,000.00
D. 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.
E. LOCAL PREFERENCE FORM: Any person submitting a proposal or bid
in response to this invitation must execute the enclosed LOCAL
PREFERENCE FORM and submit it with his proposal or bid. Failure to
complete this form will result in disqualification from receiving local
vendor preference
1.06 EXAMINATION OF CONTRACT DOCUMENTS
A. Each Proposer shall carefully examine the RFP and other contract
documents and inform himself thorougWy regarding any and all
conditions and requirements that may in any manner affect cost and
performance under the contract, including requirements of applicable
County, State and Federal laws and restrictions. Ignorance on the part of
the Proposer will in no way relieve the Proposer who executes the
purchase/sale contract or lease of the obligations and responsibilities
assumed under the contract/lease.
B. Should a Proposer find discrepancies or ambiguities in, or 01ll1SS10nS
from, the specifications, or should he be in doubt as to their meaning~ he
shall at once notify the County in writing as required in Section 1.07.
1.07 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Proposer as to the meaning of the contract
documents. Any written inquiry or request for interpretation received ten (10) or more
8
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 furnished to all known prospective Proposers prior to the established
proposal opening date on the website www.demandstar.com or http://www.monroe-
fl.l!ov/D3l!es/msdlbids.htm. Each Proposer shall aclmowledge receipt of such addenda
in the space provided therefore in the bid form. In case any Proposer 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 ofthe receipt of same. All addenda are a part
of the contract documents and each Proposer will be bound by such addenda, whether or
not received by him, It is the responsibility of each Proposer to verify that he has
received all addenda issued before responses are opened,
1.08 GOVERNING LAWS AND REGULATIONS
A The Proposer 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 or project that he is
proposing.
B. The Proposer shall include in his proposal prices aU sales, consumer, use,
and other taxes required to be paid in accordance with the law of the
State of-Florida and the County of Monroe, including but not limited to
documentary stamps. Monroe County BOCC is tax exempt from all local,
state, and federal sales taxes. All proposals shall include any
modifications, necessary to make the building ADA accessible under the
Federal and State laws,
C. Proposer will not be compensated under the contract or lease for changes
necessitated by noncompliance with all federal, state, and local laws,
ordinances, rules, and regulations that in any manner affect the work.
1.09 PREPARATION OF PROPOSAL
Signature of the Proposer: The Proposer must sign the Proposal forms in the space
provided for the signature. If the Proposer 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 ltMember of the Firm" should be written beneath such
signature. If the Proposer is a corporation, the title of the officer signing the
proposal on behalf of the corporation must be stated along with the Corporation Seal
Stamp and evidence of his authority to sign the proposal must be submitted, The
Proposer shall state in the proposal the name and address of each person interested
therein and the names of each officer or member of the Board of Directors therein.
9
1.10 SUBMISSION OF PROPOSAL
A. Two (2) signed originals and five (5) copies of each proposal shan be
submitted.
B. The Proposal shall be submitted in a sealed envelope clearly marked on
the outside, with the Proposers name and "Request for Proposal for the
SalelPurchaselLease of the "Hickory House" Property, addressed to
the entity and address stated in the Notice of Request for Proposals, on or
before 3:00 P.M. local time on the 29th day of October, 2009, If
forwarded by mail or courier, the above-mentioned envelope shall be
enclosed in another envelope addressed to the entity and address stated in
the Notice of Calling for Proposals. Faxed or e-mailed statements of
proposals shall be automatically rejected. Proposals will be received until
the date and hour stated in the Notice ofCaUing for Proposals.
C. Each Proposer shall submit with his proposal the required evidence of his
qualifications and experience, as outlined in Section 1.04.
D. The submission of a proposal will constitute a representation by the
Proposer that he has complied with every requirement of Article 3 and
that the Bidding Documents are sufficient in scope and detail to indicate
and convey understanding of all terms and conditions for performance of
the Work.
1.11 WITHDRAWAL OF BID
Any proposal may be withdrawn prior to the time scheduled in the Notice of Calling
for Proposals for the opening thereof. All other proposals received must remain
valid for a period of ninety (90) days.
1.12 MODIFICATION OF PROPOSALS
Written proposal modification will be accepted from Proposers if addressed to the
entity and address indicated in the Notice of Calling for Proposals and received prior
to response due date and time.
1.13 RECEIPT AND OPENING OF PROPOSALS
A Proposals will be received until the designated time and will be publicly
opened and read aloud at the appointed time and place stated in the
Notice of Calling for Proposals. Monroe County's representative
authorized to open the proposals will decide when the specified time has
arrived and no proposals received thereafter will be considered. No
10
responsibility will be attached to anyone for the prematlJre opening of a
proposal not properly addressed and identified.
B. Proposers or their authorized agents are invited to be present. The public
is permitted to be present. No verbal explanation or changes to the written
proposals will be allowed by any Proposer or other observer at the
opening of the Proposals, Submittals will be judged upon the written
Proposal only.
C. Any Bid not received by the Purchasing Department on or before the
deadline for receipt of bids designated in the Notice of Calling for Bids
will be returned unopened,
D. All Bids shall remain open and valid for ninety (90) days after the date
designated for receipt of Bids.
E. The County may, at his sole discretion, release any Bid before the
ninety (90) days has elapsed.
1.14 DETERMINATION OF SUCCESSFUL PROPOSAL
The County reserves the right to reject any and all proposals and to waive technical
errors and irregularities as may be deemed best for the interests of the County.
Proposals, 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 Proposers, and the
contract documents, may be rejected at the option of the County.
1.15 AWARD OF CONTRACT
A. The County reserves the right to reject any or all proposals, or any part of
any proposals, to waive any informality in any proposa~ or to
re-advertise for all or part of the work contemplated in the best interest of
the County. If proposals are found to be acceptable by the County,
written notice will be given to the selected Proposer of the acceptance of
his proposal and of the award of the contractllease to him.
B. Ifthe award of the contract is rejected, the County may award the
contract to another Proposer or the proposed sale/lease may be re-
advertised as the County decides is in the best interest of the
County,
C. If a Contract is awarded, it will be awarded to the conforming responsible
Proposer, whose proposal and qualifications includes the best price, and
whose proposal has the detail necessary for the County to make an
11
informed decision.
D. The County also reserves the right to reject the bid of a Proposer who
has previously failed to perform properly or to complete contracts of a
similar nature on time.
E. In evaluating Bids, the County shall consider the qualifications of the
proposers and whether or not the Bids comply with the prescribed
requirements in the Bidding Documents.
F. The County may conduct such investigations as it deems necessary to
assist in the evaluation of any Proposal and to establish the responsibility,
qualifications, and financial ability of the Proposers to the County's
satisfaction within the prescribed time.
G. The County reserves the right to reject any Proposal which does not
pass any such evaluation to its satisfaction.
R If the Contract is awarded, the County will issue the Notice of Award
to the successful Proposer within ninety (90) days after the date of receipt
of bids. The County reserves the right to return all Proposals, not
make any awards, and retain the property as the Board of County
Commissioners sees fit.
1 All proposals, including the recommendation of the County Administrator
and the requesting Department Head, will be presented to the Board of
County Commissioners of Monroe County, Florida, for final awarding or
otherwise.
1.16 EXECUTION OF CONTRACT
A. The Proposer to whom a contract/lease is awarded will be required to
negotiate specific details of a purchase contract or lease and to
incorporate the items in the proposal that are the basis for the award of
contractllease.
B. Completion of the contract to the satisfaction of the County shall be
done within Sixty (60) days of the awarding of the contract by the BOCC,
if this is not accomplished the County reserves the right to reject the
contract and go to the second Proposer or, if the County desires, to rebid
the project at a future date.
C. The Proposer shall return to the County four (4) executed counterparts
of the prescribed contract or lease together with the required certificates
of insurance, if required under the contract, within fifteen (15) days from
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the date of notice of acceptance of the proposal. A sample contract and
sample lease is provided herein, but is expected to be modified to
correspond to the elements of the selected proposaL Necessary down
payments or initial rental payments shall accompany the executed
contract.
D. In the event the Proposer given Notice of Award fails to execute and
deliver all contract documents required above, the County may
exercise its right to contract with the next conforming responsible
proposer with the best price for the County.
13
SECTION TWO
RFP SPECIFICATIONS
2.01 GENERAL SPECIFICATIONS
The successful Proposer is expected to provide a proposal to purchase or long term
lease ofthe premises previously known as the "Hickory House". The successful
Proposer will be expected to enter into a contract or lease with County. The property is
offered "as is".
Proposer shall obtain all necessary state, federal and local permits for the proposed use
of the property. Signature on the Bid Form shall constitute a commitment to the
conditions additional to purchase price, or lease price, as follows:
2.02. THE PURCHASE ALTERNATIVE
A Proposers who wish to purchase the property shall set forth,
in addition to the requirements in Section Five, the following:
1. A purchase price;
2. Amount of down payment;
3. Proposed closing date, which shall be no longer than 90 days after
approval of the proposal by the Board of County Commissioners;
4, If the Proposer will be seeking financing, the anticipated details of
financing and the time needed to obtain financing should be
included in the proposaL County government is prohibited by the
Florida Constitution Article VII, section 10 from pledging credit to
private entities. A proposal which anticipates the participation in
fmancing or other pledge of credit will be rejected;
5. A plan for renovation to the building and dock;
6. Provide a statement of the anticipated use of the property;
7. Provide a graphic representation of the anticipated use of the
section, including anticipated parking areas, ingress and egress,
building modifications property, compliance with ADA
requirements and the impact of the use on the surrounding
neighborhood and any other information which will assist the
County in understanding the Proposer's anticipated use of the
property; and
8. The Proposal which provides the most specific the details,
including adherence to appropriate permitting and compliance with
County, State and Federal laws, will assist the County in its s
election process,
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2.03. THE LEASE ALTERNATIVE
A. Proposers who wish to enter into a lease the property shall set
forth, in addition to the requirements of Section Five, the
following information:
1. The total amount of the lease;
2. The proposed term of the lease;
3. The proposal shall agree to provide at a minimum a
first month rent, second month rent and security
deposit, at the time of the execution of the lease by the
BOCC;
4. The proposal shall state a rental amount on a monthly
basis to be paid on the first of each month;
5. Provide a statement of the anticipated use of the
property.
6. Provide a graphic representation of the anticipated use of the
property, including anticipated parking areas, ingress and egress,
building modifications property, and the impact of the use on the
surrounding neighborhood and any other information which will
assist the County in understanding the Proposer's anticipated use
of the property,
7. The Proposal which provides the most specific the details,
including adherence to appropriate permitting and compliance with
County, State and Federal laws, will assist the County in its s
election process.
B. The lease alternative requires various certificates of and insurance
requirements. The Proposer shall be responsible for all necessary
insurance coverage as indicated below. The exact amounts of required
insurance will be determined after the bid is approved. Certificates of
Insurance must be provided to Monroe County within fifteen (15) days
after award of contract, with Monroe County BOCC listed as
additional insured as indicated. If the proper insurance forms are not
received within the fifteen (15) day period, the contract may be awarded to
the next selected Proposer. Policies shall be written by companies licensed
to do business in the State of Florida and having an agent for service of
process in the State of Florida. Companies shall have an A.M. Best rating
ofYl or better and a financial rating of A- from AM. Best. The required
insurance shall be maintained at all times while Proposer is providing
service to County. Monroe County shall be named as an
Additional Insured on the General Liability and Vehicle Liability
policies.
C. JNDEMNIFICATION. The Proposer to whom a contract is awarded
shall defend, indemnify and hold harmless the County as outlined below,
15
The Proposer covenants and agrees to indemnify, held harmless and
defend Menro.e Co.unty, its co.mmissioners, efficers, emplo.yees, agents
and servants from any and all claims far bodily injury, including death,
persenal injury, and property damage, including damage to. property
o.wned by Monrae Co.unty, and any other losses, damages, and expenses
o.f any kind, including attorney's fees, Co.urt costs and expenses, which
arise out of: in co.nnection with, er by reason o.f services provided by the
Pro.peser or any of its o.fficers, employees, servants or agents, heirs or
assigns, o.ccasioned by the negligence, errors, o.r other wrongful act or
omissio.n o.fthe ProPo.ser, its o.fficers, emplo.yees, servants or agents,
heirs o.r assigns.
In the event that the lease is delayed Of suspended as a result o.fthe
ProPo.ser1s failure to purchase o.r maintain the required insurance, the
ProPo.ser shall indemnify the Ceunty frem any and all increased
expenses resulting fram such delay.
The first ten dellars ($10.00) efremuneratian paid to. the Propaser is
consideratien fo.r the indemnificatian provided far abeve. The extent o.f
liability is in no. way limited to., reduced, ar lessened by the insurance
requirements contained elsewhere within the Prapaser's agreement.
D. INSURANCE POLICIES. As a pre-requisite efthe lease, the
Propeser, shall o.btain, at his ewn expense, as specified in any attached
schedules, which are made part of the lease. Propaser is selely respensible
to. ensure that said insurance is' abtained and shall submit proo.f o.f
insurance to. COUNTY. Failure to. o.f insurance shall be gro.unds far
terminatian af the award af cantract. The amaunts of caverage will be
determined by the Co.unty based an the nature o.f the Prapasal, and will be
co.ntained in the lease.
The Proposer shall maintain the required insurance thro.ughaut the entire
term o.fthe lease and any extensio.ns o.r amendments specified in the lease
and shall agree to. provide proo.f af continuing insurance.
The Propaser shall provide, to. the COUNTY, as satisfactary evidence
o.f the required insurance, either:
. Certificate af Insurance
ar
. A Certified copy afthe actual insurance policy.
The Caunty, at its sele optian, has the right to. request a certified cepy o.f
any ar all insurance policies required by this contract.
All insurance palicies must specify that they are nat subject to.
cancellation, no.n-renewal, material change, o.r reductio.n in co.verage
unless a minimum of thirty (30) days prier notificatio.n is given to. the
16
County by the insurer.
The acceptance and/or approval of the Proposer's insurance shall not be
construed as relieving the Proposer from any liability or obligation
assumed under the lease or imposed by law.
To the extent possible, the Monroe County Board of County
Commissioners, its employees and officials will be included as
11 Additional Insured If on all policies, except for Workers' Compensation,
17
SECTION THREE
SAMPLE CONTRACTS
3.01 SAMPLE CONTRACT FOR PURCHASE AND SALE
Below is a sample contract for information purposes and is subject to change
depending upon the proposal and discretion of the County. Any final contract would
have to be negotiated with the winning Proposer and may be different from the sample,
A. SAMPLE CONTRACT FOR PURCHASE AND SALE
Project: Hickory House
Property Tax 10, #
TIllS AGREEMENT is made this day of , 2006, between BOARD OF
COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida, as tI Seller"> Roman Gastesi, County Administrator,
1100
Simonton Street, Room 2-205, Key West, Florida 33040, and as It Purchaser tI
whose address is .
1. In consideration of the mutual promises contained herein, Seller hereby agrees to
sell to Purchaser the real property located in Monroe County, Florida, described below,
together with all improvements, easements, rights and appurtenances C'Propertytl), in
accordance with the provisions of this Agreement.
2. DESCRIPTION OF PROPERTY The property which the Seller agrees to sell
and the Purchaser agrees to buy pursuant to the terms of this Agreement is that property
situated on Stock Island, Monroe County, Florida, and more particularly described as:
5948 Peninsular Avenue, Stock Island, Key West, FI. 33040 aka 5948
Maloney Avenue, Stock Island, Key West, FI. 33040
The Legal Description is:
Lots 30, 31 and the West % of Lot 32, in Square 46, according to Maloneyts
Subdivision of a part of Stock Island, Monroe County, Florida, as recorded in
Plat Book 1, Page 55, of the Public Records of Monroe County, Florida.
3. DOWN PAYMENT. A down payment in the amount of
($ ) shall be paid to the Board of County Commissioners by
the Purchases within 24 hours of the fonnal approval of the award of contract by the
Board. The down payment shall be held by the clerk of court until the closing on the
contract for Purchase and sale at which time it shall be paid to the Board of County
Commissioners as a part of the purchase price.
4. TOTAL PURCHASE PRICE. The total purchase price C'Tota! Purchase Pricell)
for the
18
'~
Property is Dollars ($ ) which will be paid by
Purchaser at closing. Seller hereby authorizes Purchaser to issue a certified check directly
to an escrow agent who is authorized by law to receive such payment, and who is
acceptable to Purchaser, and to require the escrow agent to pay Seller1s expenses of sale
and real estate taxes. This Total Purchase Price presumes that the Property contains at
- least 24,375 square feet of land and approximately 4,495 square feet of building, to be
confirmed by the SUlVey, as provided in paragraph 5.
Conveyance of the Property by Quit Claim Deed from Seller to Purchaser will take place
at the closing, in exchange for the payments to be made to Seller at closing as set forth
above in this paragraph.
4.A. ENVIRONMENTAL SITE ASSESSMENT. Seller purchased the property in
November, 2006, and obtained at that time an update to an existing Phase 2
Environmental Assessment Report with proof of remediation. Since the purchase, the
property has been closed pending proposed development. Seller makes no warranty as to
the condition or the buildings, fixtures, improvements or, appurtenants; the property is
offered in an "as is" condition. Purchaser may, at ,its own expense, obtain an
environmental assessment, and is for the use of the Purchaser only. The Purchaser shall
have _ U days to conclude its assessment.
4.B. HAZARDOUS MATERIALS. In the event that the environmental site assessment
provided for in paragraph 4,A confirms the presence of Hazardous Materials on the
Property, Purchaser, at its sole option, may elect to terminate this Agreement and neither
party shall have any further obligations under this Agreement. Should Purchaser elect not
to terminate this Agreement, Purchaser shall, at its sole cost and expense after the closing,
promptly commence and diligently pursue any assessment, clean up and monitoring of the
Property necessary to bring the Property into full compliance with any and all applicable
federal, state or local laws, statutes, ordinances, rules, regulations or other governmental
restrictions regulating, relating to, or imposing liability or standards of conduct
concerning Hazardous Materials ("Environmental Law").
5. SURVEY. Seller shall, not less than _ days prior to the Closing Date, deliver to
Purchaser a boundary survey of the Property prepared by a professional land surveyor
licensed by the State of Florida for the November, 2006 closing on the purchase of the
Property.
6. TITLE INSURANCE. Seller shall, at least _ days prior to the Closing Date,
furnish to Purchaser a copy of the following documents provided by the previous owner
prior to the November 2006 closing: marketable title insurance commitment and an
owner's marketable title insurance policy (ALTA Form HBlI) from a title insurance
company, insuring marketable title to the Property in the amount of the Purchase Price.
Purchaser, at its own expense, may obtain an updated title insurance policy.
7. DEFECTS IN TITLE. If the title insurance commitment or sUlVey furnished to
Purchaser pursuant to this Agreement discloses any defects in title which are not
19
acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove
said defects in title. Seller agrees to use diligent effort to correct the defects in title within
the time provided therefore, including the bringing of necessary suits. If Seller is
unsuccessful in removing the title defects within said time or if Seller fails to make a
diligent effort to correct the title defects, Purchaser shall have the option to: (a) accept the
title as it then is with no reduction in the Total Purchase Price, (b) extend the amount of
time that Seller has to cure the defects in title if agreed to by Seller, or (c) terminate this
Agreement, thereupon releasing Purchaser and Seller from all further obligations under
this Agreement.
8. INTEREST CONVEYED. At closing, Seller shall execute and deliver to
Purchaser a quit claim deed, conveying marketable title to the Property clear of all liens,
reservations, restrictions, easements, leases, tenancies and other encumbrances, except for
those that are of record and acceptable encumbrances in the opinion of Purchaser and do
not impair the marketability of the title to the Property.
9. PREPARATION OF CLOSING DOCUMENTS, Upon execution of this
Agreement, Seller shall submit to Purchaser a properly completed and executed
beneficial interest affidavit and disclosure statement as required by Sections 286.23, and
380.08(2), Florida Statutes. Seller shall prepare the deed described in paragraph 8. of this
Agreement, Seller's closing statement, the title, possession and lien affidavit certified to
Purchaser and title insurer in accordance with Section 627.7842, Florida Statutes, and an
environmental affidavit. All prepared documents shall be submitted to Purchaser for
review and approval at least _ days prior to the Closing Date.
10. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each
item required to be provided by Seller under this Agreement within 30 days after receipt
by Purchaser of all of the required items. Seller will have 30 days thereafter to cure and
resubmit any rejected item to Purchaser. In the event Seller fails to timely deliver any
item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend
the Closing Date.
11, EXPENSES. Purchaser will pay the documentary revenue stamp tax and all other
taxes or costs associated with the conveyance, including the cost of recording the deed
described in paragraph 9 of this Agreement and any other recordable instruments which
the title agent deems necessary to assure good and marketable title to the Property.
Except as provided in this Section 11 or elsewhere in this Agreement, each party hereto
shall pay its own expenses incurred in connection with this Agreement and the
transactions contemplated hereby.
12. TAXES AND ASSESSMENTS. All real estate taxes and assessments which
couId have become a lien against the Property shall be satisfied of record by Seller by
the date of closing. In the event the Purchaser acquires title to the Property between
January 1 and November 1, Seller, being exempt from taxation, shall have no obligation
in accordance with Section 196.295, Florida Statutes, to place in escrow with the county
20
tax collector an amount equal to the current taxes prorated to the date of transfer, based
upon the current assessment and millage rates on the Property,
13. CLOSING PLACE AND DATE. The closing shall be on or before fIll. in
date ~ provided, however, that if a defect exists in the title to the Property, title
commitment, Survey, environmental site assessment, or any other documents required to
be provided or completed and executed by Seller, the closing shall occur either on the
original closing date or within 60 days after receipt of documentation curing the defects,
whichever is later.
The parties may conduct the closing at an earlier date if they are satisfied that all
conditions have been met prior to the date set herein. For purposes of the Purchaser, the
determination that the conditions have been met prior to the closing date set herein shall
require the County Administrator and County Attorney to sign approval of an earlier
closing date and the contract need not go back before the Purchaser1s governing body to
reform the contract to provide the earlier closing date.
14. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all
risk of loss or damage to the Property prior to the date of closing and warrants that the
Property shall be transferred and conveyed to the Purchaser in the same or essentially the
same condition as ofthe date of Seller's execution of this Agreement, ordinary wear and
tear excepted. However, in the event the condition of the Property is altered by an act of
God or other natural force beyond the control of Seller, Purchaser may elect, at its sole
option, to terminate this Agreement and neither party shall have any further obligations
under this Agreement. .seller represents and warrants that there are no parties other than
Seller in occupancy or possession of any part of the Property.
15. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from
the date this Agreement is executed by Seller, Purchaser and its agents, upon
reasonable notice, shall have the right to enter the Property for all lawful
purposes in connection with the this Agreement. Seller shall deliver
possession of the Property to the Purchaser at closing.
16. ACCESS. Seller warrants that there is legal ingress and egress for the Property
over public roads or valid, recorded easements that benefit the Property.
17. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the
default and proceed to closing, seek specific performance, or refuse to close
and elect to receive the return of any money paid. In connection with any
dispute arising out of this Agreement, including without limitation litigation
and appeals, the prevailing party will be entitled to recover reasonable
attorneis fees and costs.
18. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in
the Official records of Monroe County.
19. ASSIGNl\1ENT. This Agreement may not be assigned by either Party without
the prior written consent of the other Party.
21
20. TIME. Time is of essence with regard to all dates or times set forth in this
Agreement.
21. SEVERABILITY. In the event any of the provisions of this Agreement are
deemed to be unenforceable, the enforceability of the remaining provisions of
this Agreement shall not be affected.
22. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement,
Seller's heirs, legal representatives. successors and assigns will be bound by it.
Upon Purchaser's approval of this Agreement. Purchaser and Purchaser's
successors and assigns will be bound by it. Whenever used, the singular shall
include the plural and one gender shall include all genders.
23. ENTIRE AGREEI\.1ENT. This Agreement contains the entire agreement
between the parties pertaining to the subject matter contained in it and
supersedes all prior and contemporaneous agreements, representations and
understandings of the parties. No supplement. modification or amendment to
this Agreement shall be binding unless executed in writing by the parties.
24. WAIVER. Failure of Purchaser or Seller to insist upon strict perrormance of any
covenant or condition of this Agreement. or to exercise any right herein
contained. shall not be construed as a waiver or relinquishment for the future
of any such covenant, condition or right; but the same shall remain in full
force and effect.
25. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment
or alteration thereto. shall not be effective or binding upon any of the parties
hereto until it has been executed by all of the parties hereto.
26. ADDENDUM, Any addendum attached hereto that is signed by the parties shall
be deemed a part of this Agreement.
27. NOTICE. Whenever either party desires or is required to give notice unto the
other. it must be given by written notice, and either delivered personally or
mailed to the appropriate address indicated on the first page of this
Agreement. or such other address as is designated in writing by a party to this
Agreement.
28, SURVIVAL. The covenants, warranties, representations, indemnities and
undertakings of Seller set forth in this Agreement shall survive the closing. the
delivery and recording of the deed described in paragraph 8. of this Agreement and
Local Government's possession of the Property.
29. Purchaser shall have U days from execution of this Contract to obtain
the appraisals and to determine the Maximum Approved Purchase Price as discussed
in Paragraph 3, During this period. Purchaser shall also review the existing survey,
22
the prior policy of title insurance and the Phase 2 Environmental Site Assessment
Report with proof of remediation (all provided by Seller upon Seller1s execution of
this Contract). ill the event Purchaser objects to any of the conditions shown on the
existing title evidence, surveyor Environmental Site Assessment Report, Purchaser
shall provide written notice to Seller prior to the expiration of _ U days from
the date of execution of this Contract. ill the event Purchaser fails to provide written
notice during said period, Purchaser agrees that the conditions shown on the existing
title evidence and survey shall be acceptable and only new conditions not shown on
said title documents would be considered title defects subject to the provisions of the
Contract. Additionally, in the event Purchaser fails to provide 'Written notice during
the above-described period of time, Purchaser agrees that the Environmental Site
Assessment Report and proof of remediation shall be acceptable and only new
conditions shown on the new Phase I Environmental Site Assessment Report shall be
subject to the provisions of the Contract. Only upon expiration of the above-described
period of time and Purchaser's acceptance of the conditions set forth in the existing
survey, prior title policy and existing Phase 2 Environmental Site Assessment, Seller
shall obtain the new Environmental Site Assessment (described in Paragraph 4), the
new Survey (described in Paragraph 5) and the new title evidence (described in
Paragraph 6).
THE COUNT~S PERFORMANCE AND OBLIGATION TO PAY UNDER TillS
CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE
LEGISLATURE.
THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
ArrEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
PURCHASER
BY
Person Authorized to sign for Purchaser
Print Name
Date:
23
Witness for Purchaser
Print Name
Date:
Witness for Purchaser
Print Name
Date:
STATE OF Florida)
COUNTY OF Monroe)
The foregoing instrument was acknowledged before me this day of
by . He/she is personally known to me or produced
identification.
, 2009,
as
(NOTARY PUBLIC) SEAL
Notary Public
(Printed, Typed or
Stamped Name of Notary
Public)
Commission No,:
My Commission Expires:
24
ADDENDUM
(llvIPROVElvIENTSIPURCHASER)
A. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and
state guidelines have been found in buildings in Florida Additional information regarding radon and radon testing may
be obtained from your county public health unit. This notice is being provided in accordance with Section 404,056(8),
Florida Statutes. Purchaser may, at its soIe cost and expense, have the buildings that will remain on the Property inspected
and tested for radon gas or radon progeny by a qualified professional properly certified by the Florida Department of
Health and Rehabilitative Services. If radon gas or radon progeny is discovered, Purchaser shall have the option to
either: (a) accept the Property as it then is with no reduction in the Purchase Price or (b) tenninate this Agreement,
thereupon releasing Purchaser and Seller from all further obligations under this Agreement
B. Wood Destroying Organisms Inspection Reoort Purchaser may, at its sole cost and expense, obtain a Wood
Destroying Organisms Inspection Report made by a state licensed pest control finn. Purchaser shall pay for the
inspection. Purchase acknowIedges that he is purchasing the property and all fixtures of whatever nature in "as is"
condition,
C, Maintenance of Improvements. Seller offers the property and the roofs. doors, floors, steps, windows, exterior
walls. foundations, all other structural components, major appliances and heating, cooling. electrical and pIumbing
systems on all improvements that will remain on the Property in "as is" condition.
(SEAL)
ATTEST: DANNY L, KOLHAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. ~ORIDA
By
By
Deputy Clerk
Mayor/ChaiIperson
PURCHASER
BY
Person Authorized to sign for Purchaser
PRINT NAME
DATE
Witness for Purchaser
Print Name
Date:
Witness for Purchaser
Print Name
Date:
STATE OF Florida )
COUNTY OF Monroe)
The foregoing instrument was acknowledged before me this day of
by . Helshe is personally known 10 me or produced
identification.
. 2009,
as
Notary Public
My Commission Expires:
Commission No.
25
3.02 SAl\1PLE LONG TERM LEASE
Below is a sample lease agreement for information purposes and is subject to change
depending upon the proposal and the discretion of the County. Any final agreement
would have to be negotiated with the winning Proposer and may be different from the
sample.
SAMPLE LEASE AGREEMENT
THIS LEASE AGREEMENT is made by and between Monroe County, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West,
FL 33040, hereafter "County" or "Lessor", and
. whose address is
hereafter, "Tenant" or "Lessee" this
day of
2009.
WHEREAS,
and
WHEREAS,
and
WHEREAS,
NOW THEREFORE, IN CONSIDERATION of the mutual promises and
covenants set forth below, the parties agree as follows:
1. Premises. The County does hereby lease to Tenant and Tenant leases from
the County, the property located at 5948 Peninsular Avenue, Stock Island, Key West,
Florida, and the building, fixtures, and appurtenances thereto, in "AS IS" condition.
The Legal Description is: Lots 30, 31 and the West % of Lot 32, in Square 46,
according to Maloney's Subdivision of a part of Stock Island, Monroe County,
Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida.
2 Term and Effective Date. Lessor does hereby grant to the Lessee the exclusive
right and privilege of operating and maintaining a at the
premises, for a term of U years commencing . 2009 and
terminating on . 20 unless extended in accordance with the terms set
forth in subsection Ii) below.
26
i) Within the first year of the lease term, Lessee agrees to make the
following modifications, at Lessee's cost:
a) Modify the property to comply with all ADA Requirements of the
Federal and State governments.
b) Comply with all permitting requirements.
c) Provide parking spaces for patrons using the property, including
disabled
d) Modify or rebuild the dock to comply with permitting and provide
public access to the water.
If Lessee has completed all requirements listed in subsection i), Lessee
shall be entitled to extend the lease two additional years for every
$25,000 spent on improvements up to a maximum of _ years. All
improvements listed in must be completed by , 20_
unless extended by mutual agreement. Upon providing proof, in the
form of material invoices, construction contracts, etc., to the Director
of Projects Management as to the tqtal amount spent on capital
improvements listed, the parties will enter into an amendment
extending the term of the Lease Agreement 2 years for every $25,000
in capital improvement.
L Rent. Maintenance Fee. Tax. The total monthly rental payment
(hereinafter collectively known as "rent"), shall include rent, applicable sales
tax. The inttial rent for the Premises including applicable sales tax is
$ per month, payable in advance on or before the first business
day of each month. The rent will be adjusted annually beginning with the fIrst
anniversary of the commencement of the lease term, and at every anniversary
thereafter, by a percentage equal to the increase in the CPT for all urban
consumers (CPI-V) for the calendar year immediately preceding the
anniversary date.
2. Termination. This Agreement may be terminated at the discretion of the
Lessor in the following circumstances:
a) Lessee fails to pay the rent when due;
b) Lessee fails to obtain the insurance required under this Lease or
allows the required insurance coverage to lapse or fall below the minimum
required;
c) Lessee fails to obtain permits or make improvements;
d) Lessee otherwise breaches the terms of this Lease.
Unless the Lessor has accepted in writing a delay in performance of
duties, the failure to perform said duties shall constitute a default under the
terms of this Lease Agreement. In the case of default/breach, the County's
Director of Project Management shall first give Lessee a written notification
stating the defaultlbreach and that Lessee has ten (10) days to correct the
default/breach. If the Lessee has not corrected the default/breach at the end of
the ten (10) days, then the Lessor may terminate the Lease in its discretion. If
27
it shall be necessary to employ the services of an attorney in order to enforce
its rights under this Lease Agreement, the Lessor shall be entitled to
reasonable attorney's fees. Waiver of a default in any particular month shall
not bind the Lessor to forego the provisions of this paragraph and any
subsequent default shall be grounds for termination.
3.
Lessee Covenants.
Lessee covenants and agrees as follows:
A. To
open
the
business
known
as
B. To furnish the necessary equipment, furnishings and fIxtures needed to
operate the business. All moveable equipment and furnishings purchased
by Lessee shall remain the property of the Lessee and may be removed
from the premises by Lessee at the tennination of this lease agreement,
with Lessor's consent. If Lessee fails to remove said moveable equipment
or furnishings within ten (10) days after termination of this lease, said
items shall then become the property of the ~essor.
C. Lessee shall maintain County occupational license during the period of
this lease.
D. Lessee agrees to keep the leased premises in a safe, clean and well-
maintained order at no expense to the Lessor. This provision is to be
monitored by the Director of Project Management, or his representative.
E. Lessee agrees to operate its business in a business like manner.
F. Lessee agrees to operate the business in compliance with all County, State,
and Federal ordinances, laws, rules and regulations.
4. Lessor Covenants. In connection with the above demised premises, the
Lessor covenants with the Lessee that conditioned upon Lessee's performance
and observance of Lessee's covenants herein, Lessee shall have quiet
enjoyment and peaceable possession of the premises during the term of this
Lease. In the event the County elects to maintain and/or improve its properties
in the vicinity of the leasehold herein, either by necessity, or by choice, such
activity will not be considered as a breach of any covenant ofthis lease.
5. Asshmment. It is agreed by the parties hereto that Lessee may elect to
sub-lease or assign this Lease Agreement only upon written consent of the
Monroe County Board of County Commissioners which shall not be
unreasonably withheld. The terms of this Lease Agreement shall be binding
on the heirs, executors, administrators, sub-lessees and assigns of Lessee.
6. Mechanic's Liens. Lessor's Rie-hts. It is hereby covenanted, stipulated
and agreed by and between the parties hereto that:
A There shall, during said demised term, be no mechanic's liens placed
upon the concession/restaurant or improvements thereto.
B. In case of any attempt to place a mechanic's lien on the leasehold
premises, the Lessee must payoff same.
28
c. if default in payment thereof shall continue for thirty (30) days after
written notice, Lessor shall have the right and privilege, at its option, to
payoff any mechanic's lien or any portion thereof and the amount so paid,
including expenses, shall, at Lessor's option, be designated as additional
rent due from Lessee at the next rent due date after such payment, with
interest calculated at the rate established by the Comptroller under Sec.
55.03. Fla. Stat., for the year in which the payment became overdue.
Nothing in this section is to be read as a waiver or authorization by the
County of its constitutional and statutory immunity and right to have its
property free of such liens.
7. Sale of Alcoholic Beverages. Alcoholic beverages may be sold within the
enclosed restaurant and patio area only upon acquisition and maintenance of
proper licenses from local, state and federal agencies. No carry-out sales of
alcoholic beverages is permitted. Sales and consumption of alcoholic
beverages must cease by 11 :00 P.M.
8. Entertainment. Entertainment may be provided only in the enclosed
restaurant and patio area. Any entertainment must be acoustic soft background
music and must cease by 11:00 P.M.
9. Licenses. Lessee shall be responsible for and provide all licenses required by
all local. state and federal agencies including the Department of Health.
10. Premises to be Used For Lawful Purnoses. It is expressly covenanted
between the parties hereto that the Lessee will not use, suffer nor permit any
person to use in any manner whatsoever the leasehold property, nor any
portion thereof, for purposes calculated to injure the reputation of the
leasehold property or of the neighboring property, nor for any purpose or use
in violation of the laws of the Untied States. or of the State of Florida, or of
the Ordinances of Monroe County. Lessee will keep and save the Lessor
forever harmless from any penalty or damage or charges imposed for any
violation of any said laws, whether occasioned by neglect of Lessee and
Lessee will indemnify and save and keep harmless the Lessor against and
from any loss. cost, damage, and expense arising out of any accident or other
occurrence, causing injury to any person or property whomsoever or
whatsoever, and due directly or indirectly to the use of the leasehold premises
or any part thereof by Lessee.
11. Limitation of Lessor's Liability. It is further agreed that in no case shall the
Lessor herein be liable, under any express or implied covenants in the Lease
Agreement, for any damages whatsoever to the Lessee beyond the rent
reserved by the Lease Agreement accruing, for the act, or breach of covenant,
for which damages may be sought to be recovered against said Lessor, and
that in the event said Lessee shall be ousted from the possession of said
property by reason of any defect in the title of said Lessor or said Lessor's
29
authority to make this lease agreement, said Lessee shall not be required to
pay rent under this lease agreement while he is so deprived of said property,
and that said Lessor shall not incur any liability as a result of such ouster.
12. No Waiver of Breach. It is further mutually covenanted and agreed between
the parties hereto that no waiver of a breach of any of the covenants of this
lease agreement shall be construed to be a waiver of any succeeding breach of
the same covenant.
13, Observance of County Rules and Re2ulations. The Lessee hereby
covenants and agrees that he, his agents, employees or otherwise shall
observe and obey all lawful rules and regulations which may from time to time
during the term hereby promulgated and enforced by the Lessor at the beach.
14. County's Ri2ht of Entrv. The Lessor reserves the right hereunder to enter
upon the premises at any reasonable time during normal operating hours for
the purpose of inspecting said premises to determine whether Lessee has
complied and is complying with the terms 'and conditions of this Lease
Agreement. The Lessee hereby agrees to keep the premises at all times in a
clean and sanitary condition, and not to maintain or keep upon said premises
any properties or equipment not used in connection with the operation of said
business, unless authorized by the Lessor to do so.
15. Leasehold Improvements. The Lessee agrees not to make any major
alterations to the building located on said premises, without first obtaining
written consent of the Lessor to do so, which will not be unreasonably
withheld. Such alterations shall be based on plans approved by the Director of
Facilities Maintenance and shall be subject to all County code provisions
governing construction. Lessee shall be responsible for obtaining any permits
required by any government agency. All site improvements shall be pre-
approved by the Monroe County Board of County Commissioners.
16. Leasehold Maintenance. During the term of this lease, Lessee is responsible
for all maintenance and repairs, including major repairs such as structural
work and roof replacement and replacement of the building if destroyed. All
repairs and replacement must be of the same or better quality as the original
work and conform to all applicable building codes, Lessee shall be responsible
for and shall properly maintain the leased premises, and upon the termination
of this lease, shall leave the premises in at least as good condition as at the
time of the commencement of this lease, normal use and occupancy excepted.
The Lessee will keep the premises clean at all times and must meet all
requirements for food handling as required by the Monroe County Department
of Health.
17. Responsibility for Property on Leasehold. All property of any kind that
may be on the premises during the term of this Lease Agreement shall be at
30
the sole risk of the Lessee. The Lessor shall not be liable to the Lessee or any
other person for any injury, loss or damage to property or person on the
premtses,
18. Dama2e to Leasehold. In the event that the demised premises, or a major
part thereof are destroyed by fire, storm, wind, water, or any other casualty,
the Lessor at its option and without assuming Lessee's responsibilities under
Section 19 "Leasehold Maintenance", may forthwith repair the damage to
such structure at its own cost and expense. The rental thereon shall cease until
the completion of such repairs and the Lessor will immediately refund the pro
rata part of any rentals paid in advance by the Lessee prior to such destruction.
Should the premises be only partly destroyed, so that the major part thereof is
usable by the Lessee, then the rental shall abate to the extent that the injured
or damaged part bears to the whole of such premises and such injury or
damage shall be restored by the Lessor as speedily as is practicable and upon
completion of such repairs, the full rental shall commence and the Lease shall
then continue the balance of the term. If Lessor exercises its option to repair
the premises, Lessee agrees to assign its right to the insurance proceeds to the
Lessor, If insurance proceeds exceed the costs of repair, the Lessor will, at its
option, either remit the excess funds to the Lessee or apply the excess funds as
a credit towards Lessee's next due monthly rental payment. If repair costs
exceed the insurance proceeds, Lessee agrees to pay Lessor within 30 days for
any and all costs of repair not covered by insurance proceeds.
19. Riehts ReServed. Rights not specifically granted to Lessee by this Lease
Agreement are reserved to the Lessor.
20. Riehts of County. The Lessor shall have the absolute right, without
limitation, to repair, reconstruct, alter or add to any County owned property or
facility in the vicinity of the premises. The Lessor shall, in the exercise of
such right, be free from any and all liability to the Lessee for business
damages occasioned during the making of such repairs, alterations and
additions, except those occasioned by the sole act of negligence of the Lessor,
its employees or agents.
21. IndemnificationlHold Harmless, Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Lessee shall defend,
indemnify and hold Lessor and the Lessor's elected and appointed officers
and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings,
or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business intenuption, and (Hi) any costs or expenses
(including, without limitation, costs of remediation in connection with a
violation of any federal, state, or local law or regulation, attorneys' fees and
costs, court costs, fines and penalties) that may be asserted against, initiated
with respect to, or sustained by, any indemnified party by reason of, or in
31
"
connection with, (A) any activity of Lessee or any of its employees, agents,
contractors or other invitees on the leasehold premises during the term of this
Agreement, (B) the negligence or willful misconduct of Lessee or any of its
employees, agents, contractors or other invitees, or (C) Lessee's default in
respect of any of the obligations that it undertakes under the terms of this
Lease Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole
negligent acts or omissions of the Lessor or any of its employees, agents,
contractors or invitees (other than Lessee). Insofar as the claims, actions,
causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Lease Agreement, this section
will survive the expiration of the term of this lease or any earlier termination
of this Lease Agreement.
22. Insurance Requirements. Lessee shall obtain and maintain at its own
expense the insurance coverages listed in exhibit B.
23. Books. Records and Documents. Lessee shall maintain aU books, records,
and documents directly pertinent to performance under this Lease Agreement
in accordance with generally accepted accounting principles consistently
applied, Each party to this Lease Agreement or their authorized
representatives shall have reasonable and timely access to such records of
each other party to this Lease Agreement for public records purposes during
the term of #Ie Lease Agreement and for four years following the termination
of this Lease Agreement.
24. Governin2: Law. Venue. Interoretation: This Lease 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 administrative proceeding is instituted for the
enforcement or interpretation of this Lease Agreement, the Lessor and Lessee
agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
The Lessor and Lessee agree that, in the event of conflicting interpretations of
the terms or a term of this Lease 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.
27. Entire A~reement. This writing embodies the entire agreement and
understanding between the parties hereto, and there are no other agreements
and understandings, oral or written, with reference to the subject matter hereof
that are not merged herein and superseded hereby. Any amendment to this
Lease Agreement shall be in writing, approved by the Board of County
Commissioners, and signed by both parties before it becomes effective.
28. Severabilitv. If any term, covenant, condition or provision of this Lease
32
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
Lease Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Lease Agreement shall be valid and
shall be enforceable to the fullest extent pelTIlitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of
this Lease Agreement would prevent the accomplishment of the original intent
of this Lease Agreement. The Lessor and Lessee agree to reform the Lease
Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
29. Attornev's Fees and Costs. The Lessor and Lessee 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 oftrus Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, and court costs
only, as an award against the non-prevailing party, and shall include
attorney's fees and courts costs only in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Lease 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. The
parties agree that mediation not arbitration shall be used in the event any
dispute arises between the parties.
30, Bindine Effect. The terms, covenants, conditions, and provisions of this
Lease Agreement shall bind and inure to the benefit of the Lessor and Lessee
and their respective legal representatives, successors, and assigns.
31. Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Lease Agreement have been duly authorized
by all necessary County and corporate action, as required by law.
32. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Lease Agreement; provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by each
party prior to submission,
33. Adiudication of Disputes or Disaereements. Lessor and Lessee 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 brought to a non-binding mediation, and if no
resolution can be reached, the dispute will 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
33
seek such relief or remedy as may be provided by this Lease Agreement or by
Florida law,
34. Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or
breach of this Lease Agreement, Lessor and Lessee 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 Lease Agreement
or provision of the services under this Lease Agreement. Lessor and Lessee
specifically agree that no party to this Lease Agreement shall be required to
enter into any arbitration proceedings related to this Lease Agreement.
35. Nondiscrimination. Lessor and Lessee 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 Lease Agreement automatically terminates without any further
action on the part of any party, effective the dllte of the court order. Lessor
and Lessee 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 use ss. 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 .ofthe Rehabilitation Act of 1973, as amended (20 use 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 5S. 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 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 may be amended from time to time, relating
to nondiscrimination on the basis of disability; 10) Sections 13-101, et seq.,
Monroe County Code, relating to discrimination based on race, color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Lease Agreement.
36. Covenant of No Interest. Lessor and Lessee covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in
34
"
any manner or degree with its performance under this Lease Agreement, and
that the only interest of each is to perform and receive benefits as recited in
this Lease Agreement.
37, Code of Ethics, Lessor agrees that officers and employees of the Lessor
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.
38. No Solicitation/Pavment. The Lessor and Lessee 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 Lease
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 Lease
Agreement. For the breach or violation of the provision, the Lessee agrees
that the Lessor shall have the right to terminate this Lease 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.
39, Public Access. The Lessor and Lessee 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 Lessor and Lessee in
conjunction with this Lease Agreement; and the Lessor shall have the right to
unilaterally cancel this Lease Agreement upon violation of this provision by
Lessee.
40. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28,
Florida Statutes, the participation of the Lessor and Lessee in this Lease
Agreement and the acquisition of any commercial liability 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 Lessor be
required to contain any provision for waiver.
41. Privile2es 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 Lessor, when performing their respective functions under this Lease
35
"
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.
42. Lee-a) Ob)i2ations and ResDonsibilities: Non-Delegation of Constitutional
or Statutory Duties, This Lease Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual
and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility.
Further, this Lease Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the
Lessor, except to the extent permitted by the Florida constitution, state statute,
and case law,
43. Non-Reliance bv Non-Parties. No person or ~ntity shall be entitled to rely
upon the terms, or any of them, of this Lease 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 Lessor and Lessee agree that neither
the Lessor nor the Lessee 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 unqer this Lease Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this
Lease Agreement.
44, Attestations. Lessee agrees to execute such documents as the Lessor may
reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
45. No Personal Liabilitv. 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
Lease Agreement or be subject to any personal liability or accountability by
reason ofthe execution of this Lease Agreement.
46. Execution in Counternarts. This Lease 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 Lease Agreement by signing any such
counterpart.
47. Section Headines. Section headings have been inserted in this Lease
Agreement as a matter of convenience of reference only, and it is agreed that
36
such section headings are not a part of this Lease Agreement and will not be
used in the interpretation of any provision of this Lease Agreement.
48. Mutual Review. This Lease agreement has been carefully reviewed by Lessee
and Lessor, therefore this Lease agreement is not to be construed against
either party on the basis of authorship,
THE COUNTY'S PERFORMANCE AND OBLIGATION TO PAY UNDER TillS
CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY 1HE
LEGISLATURE.
TIllS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
(SEAL)
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
ATTEST: DANNY L. KOLHAGE, CLERK
By
By
Deputy Cler~
Mayor/Chairperson
LESSOR
Witnesses
BY
Title: Managing Partner
37
SECTION FOUR
GENERAL DEFINITIONS
Wherever used in this Request for Proposal 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", "himll, uhimself, or IIhisll shall refer to male and
female persons alike and should not be construed as derogatory or discriminatory to
female persons.
4.01 DEFINITIONS
Addenda
Written or graphic instruments issued prior to the opening of bids which clarify,
correct, or change the bidding documents or the contract documents.
Agreement
The written agreement between the County and the, Contractor covering the work
to be performed; other contract documents are attached to the agreement and
made a part thereof as provided therein.
Bid
The offer, proposal, or bid of the Proposer submitted on the prescribed form
setting forth the prices for the work to be performed.
Bidding Documents
The advertisement or invitation to bid, the request for proposal, instructions to
Proposers, the bid fonn, and the proposed contract and or lease documents
(including all addenda issued prior to receipt of bids).
Contract Documents
The bidding documents, agreement, addenda (which pertain to the contract
documents), the Proposer's response to the request for proposal, including
documentation accompanying the bid and any post-bid documentation submitted
prior to the notice of award) when attached as an exhibit to the agreement, the
bonds, and the specifications as the same are more specifically identified in the
agreement, together with all amendments, modifications, and supplements.
Contract Price
The moneys payable by the Proposer to the County under the contract documents
as stated in the agreement.
Contract Time
The time the ContractlLease shall be in force and binding on the County and
/Proposer from the effective date of the agreement.
Effective Date of the Agreement
38
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 as set forth by the Federal
government, State of Florida or Monroe County Florida.
Notice of Award
The written notice to the apparent successful Proposer stating that upon
compliance by the apparent successful Proposer 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, also
referred to as County; there may be times when owner refers to someone other
than the County in which case the intent of the sentence shall dictate to whom the
word owner applies.
Proposal
The offer or proposal bid of the Proposer submitted in a format setting forth the
qualifications of the Proposer and the prices and other conditions under which
services shall be performed.
Proposer
The person, firm, or corporation who has submitted a proposal, also referred to as
the Bidder or Contractor,
RFP
Request for Proposal advertised by the Board of County Commissioners.
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.
4.02 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS:
The contract documents may be amended to modify the terms and conditions
thereof only by a Written Agreement.
39
SECTION FIVE
PROPOSAL
5.01. CONTENT OF SUBMISSION
The proposal submitted in response to this RFP shall be printed on 8-1/211 x 1111 white
paper; shall be clear and concise and provide the information requested herein. The bid
shall be stapled and not be bound or tabbed. Statements submitted without the required
information will not be considered. BidslProposals shall be organized as indicated below.
The Proposer should not withhold any information from the written response in
anticipation of presenting the information orally or in a demonstration. Each Proposer
must submit adequate documentation to certify the Proposer1s compliance with the
County's requirements. Proposer should focus specifically on the information requested.
5.02 The following information, at a minimum, shall be included in the Submittal:
A. Cover Pa1!e
A cover page that states "Response to Request for SalelPurchaselLease of
the "Hickory House" Property." The cover page should contain Proposer1s
name, address, telephone number, and the name of the Proposer's contact
person.
B. Tabbed Sections
Tab 1. Executive Summary
The Proposer shall provide a narrative of the firm's or individual's history,
qualities and capabilities and particularly include projects that are similar
in nature to the Request for Proposal for SalelPurchaselLease of the
"Hickory House" Property.
Tab 2. Relevant Experience
The Proposer shall provide a project history of the firm or organization
demonstrating experience with projects that are similar in scope and size
to the proposed Project. A detailed description of the corporate structure.
Each proposal must contain specific verifiable evidence of the Proposer's
qualifications to do business of the type delineated in the proposal.
Tab 3. References and Past Performance on Similar Projects
Each Proposer shall provide a list of past projects and at least three (3)
written references of a Florida local government or other entities for which
the Proposer has provided the same or similar services during the past
three (3) years. Each reference and the list of past projects shall include,
at a minimum:
40
Name and full address of referenced project and organization
Name and telephone number of Contact person for contract
Telephone number(s)
Date of initiation and completion of contract for referenced project
Brief summary of the project and services comparing the referenced
services to these proposed services
List of ongoing and pending projects and anticipated date of completion
Tab 4. Services
Proposer shall provide a listing of all the services, with specific
descriptions that will be offered under the agreement, that will provide
evaluators with insight about the qualifications, fitness, and abilities of the
Proposer.
Tab 5. Details of the Proposed Purchase or
A. The Purchase Alternative: Proposer who intends to purchase the
property shall describe:
1. The proposed purchase price~
2. The amount of down payment, to be paid at the execution of the
Contract~
3. The Proposer shall agree to accept a quitclaim deed;
4. The Proposer shall pay for a survey, dock stamps, and
Insurance;
3. The Proposer shall provide the proposed closing date, which shall
be no longer than 90 days after approval of the proposal by the
Board of County Commissioners~
4. If the Proposer will be seeking financing, the proposal shall
include anticipated details of financing and the time needed to
obtain financing should be included in the proposal;
5. The Proposer shall provide a current financial statement of the
Corporation, individual or other entity, who will be involved in the
financing, and/or operation of the business proposal;
6. The proposer shall acknowledge that County government is
prohibited by the Florida Constitution Article VII, section 10 from
pledging credit to private entities. A proposal which anticipates
the participation in financing or other pledge of credit will be
rejected;
7. The proposer shall provide a list of the names, addresses and
telephone numbers of all owners, officers and members of the
Board of Directors, or all persons with an ownership interest in the
business entity;
8. The proposer shall provide a plan for renovation to
the building and dock;
41
9. The proposer shall provide a detailed statement of the
anticipated use ofthe property.
10. The proposer shall provide a graphic representation of the
anticipated use of the section, including anticipated parking areas,
ingress and egress, building modifications property, compliance
with ADA requirements and the impact of the use on the
surrounding neighborhood and any other information which will
assist the County in understanding the Proposer's anticipated use
of the property;
11. The Proposer shall provide suggested clauses for the purchase and
sale agreement that are of importance to the Proposer, with the
understanding that acceptance of the Proposal by the County will
not guarantee the inclusion of these details in the contract.
12. The County is open to creative proposals for the property; however
the proposal which provides the most specific the details,
including the realities of permitting, will assist the County in its
selection process, and therefore details are important.
B. The Lease Alternative: Proposers who wish to enter into a lease the
property shall set forth, in addition to the requirements of Section Five, the
following information:
I. The total amount of the lease;
2. Shall agree to provide a first month, second month and security
deposit, at the time of the execution of the lease by the BOCC;
3. Shall state a rental amount on a monthly basis to be paid on the
fIrst of each month;
4. A provision for first and last month payment upon the inception of
the lease;
5. A plan for renovation to the building and dock;
6. Provide a statement of the anticipated use of the property;
7. Provide a graphic representation of the anticipated use of the
section, including anticipated parking areas, ingress and egress,
building modifications property, and the impact of the use on the
surrounding neighborhood and any other information which will
assist the County in understanding the Proposer's anticipated use
of the property;
8. The County is open to creative proposals for the property; however
the proposal which provides the most specific the details, including
the realities of permitting, will assist the County in its selection
process, and therefore details are important;
9. The anticipated term of the lease shall be included; however, the
County will consider the term of the lease in the light of the other
provisions of the Proposal and determine what is in the best
interest of the County;
10. Insurance requirements as set forth in Section 2.03 shall be
required;
42
11. The Proposer shall describe the composition and structure of the
firm (sole proprietorship, corporation, partnership, joint venture)
and include names of persons with an interest in the firm. Include
in this section a copy of documentation demonstrating that the
entity is a legally, viable entity~ and
12. The Proposer shall include a list of the proposed contractors that
will perform the work required if awarded this contract. An
organizational chart and management plan for the project proposed
for the leased premises should be included in this section. The
Proposer shall also include a resume for each member of the
project team identifying his/her role on the team and any
qualifications relevant to the assigned position. Include in this
section the location of the main office and the location of the
office proposed to work on this project.
Tab 6. Pending Litigation
The Proposer shall describe any past or pending litigation in which the Proposer
has been involved in the past five (5) years, indicate whether a plaintiff or
defendant. In all cases Proposer shall give the name, current address, telephone
number of the other party, the venue of the litigation and the full case number,
with any other information which would enable the County to verify the
information.
The Proposer shall describe the claims in the litigation and provide a summary of
the outcome, including settlement or judgment information.
Tab 7. County forms
A Proposer shall complete and execute the forms specified below and found
at the designated pages in this RFQ, signatures shall be current on all forms, dated
within thirty (30) days of the date of submission as described in Section 1.09B
herein, and Proposer shall include them in the section tabbed 8:
Form Pae-e
Response Form 45
Lobbying and Conflict of Interest Clause 49
Drug Free Workplace Form 50
Non-Collusion Affidavit 48
Public Entity Crime Statement 51
Proposer's Insurance and
Indemnification Statement 49
Insurance Agent's Statement 50
Request for Waiver 58
Local Preference 60
43
B. Proposer shall produce evidence of proper licensing to perform the
services described herein. Copies of all professional and occupational licenses
shall be included in this section.
Tab 8. Other Information
Provide any additional information, which will present evaluators with insight
about the qualifications, fitness and abilities of Proposer.
5.03 SELECTION CRITERIA.
A. Selection criteria to be used to evaluate proposals shall include, but not
be limited to, the criteria set forth in this Request for Proposal in addition to the
following:
1. Purchase Price to County or rental income to County.
2. Completeness of the proposal and attachments.
3. Past record of performance and experience with the County or other
jurisdictions.
4. Competence and experience of Proposer.
5. Financial integrity ofthe Proposer.
B. Each TAB section will be given points used to score and evaluate firms
and individuals. The point structure is as follows:
CRITERIA
MAXIMUM POINTS
TAB 1
TAB 2
TAB 3
TAB 4
TAB 5
TAB 6
TAB?
TAB 8
15
15
10
15
20
10
10
5
TOTAL
100
44
SECTION SIX - FORMS
PROPOSAL FORM
BID TO:
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 1-213
KEY WEST, FLORIDA 33040
PROPOSAL FROM:
The undersigned, having carefully examined the Request from Proposal, and Addenda
thereto and having inspected the property, and other Contract Documents for the of:
Request for Proposal - PURCHASE OF mCKORY HOUSE PROPERTY
and having carefully examined the site of the property, having become familiar with all
local conditions including labor affecting the cost thereof, and having familiarized himself
with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting the property, does hereby propose to purchase the Property or
lease the property (chose one).
The undersigned further certifies that he has personally inspected the actual location of
the property and buildings, dock, fences, fixtures and appurtenances thereto, together
with the local sources of supply and that he understands the conditions under which
purchase or lease is to be performed. The successful bidder shall assume the risk of
any and all costs and delays arising from the existence of any subsurface or other latent
physical condition which could be reasonably anticipated by reference to documentary
information provided and made available, and from inspection and examination of the
site.
The undersigned further certifies that he understands that eh property is to be purchased
"AS IS" condition and the County does NOT warrant the condition of the property or any
buildings, dock, fences, fixtures and appurtenances thereto.
The Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two the Bid in words shall control.
FOR PURCHASE:
Dollars.
(Total Base Proposal- words)
45
$
(Total Base Proposal - numbers)
- $
Dollars
(Down Payment -words to be paid upon approval of the award by the Board of County
Commissioners
(Down Payment in numbers)
FOR LEASE:
Dollars.
(Total Base Proposal per year for the first year- words)
$
(Total Base Proposal per year for the first year - numbers)
The term of the lease shall be
years.
I acknowledge Alternates as follows:
I acknowledge receipt of Addenda No.(s)
No._Dated
No._Dated
No._Dated
No._Dated
No._Dated
I have included the Proposal Form_, the Non-Collusion AffidaviL--, the Lobbying
and Conflict of Interest Clause_, the Drug-Free Workplace Form_. a Public Entity
Crime Statement . In addition, I have included a certified copy of Monroe County
Occupational License , Copy of other pertinent licenses _' Insurance
Requirements- Hold Harmless Statement and an Insurance Agent's Statement.
{Check mark items above. as a reminder that they are included.}
Mailing Address:
46
Phone Number:
Date:
Signed:
Witness:
(Name)
(Title)
(Seal)
47
NON-COLLUSION AFFIDAVIT
I, of the city
according to law on my oath, and under penalty of perjury, depose and say that:
1. 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 to 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 a,ny competitor;
3. Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and
4. No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition; and
5. The statements contained in this affidavit are true and correct, and made with full
knowledge that said project.
(Signature of Bidder)
(Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space
provided above
on this
day of
,20 .
NOTARY PUBLIC
My commission expires:
48
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
"
(Company)
" warrants that he/it has not employed, retained or otherwise .had act on his/its behalf any fonner
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
County may, in its discretion, terminate this 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 fonner County officer or employee".
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affinned) before me on
(date)
by
known to me
(name of affiant). He/She is personally
or has produced
(Type of identification)
as identification.
NOTARY PUBLIC
My commission expires:
49
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations
of such prohibition.
2. Informs employees about the dangers of drug Gjbuse 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 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. 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.
Bidders Signature
Date
50
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
- entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or contractor under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months fro the date of being placed on the convicted vendor list."
I have read the above and state that neither (Proposer's
name) nor any Affiliate has been placed on the convicted vendor list within the last 36
months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
(name of affiant). He/She is personally
known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
51
MONROE COUNTYJ FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by the Contractor or
any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other
wrongful act of omission of the Contractor or its Subcontractors in any tier, their
employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased
expenses 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.
52
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statues.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
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. .
If the Contractor has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the County shall recognize and honor the Contractor's status.
The Contractor may be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details on the Contractor's
Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
53
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract 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
$ 300.000
$_ 50,000
per Person
per Occurrence
Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this 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.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
54
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, 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 (CSL)
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 Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
55
INSURANCE AGENT'S STATEMENT
I have reviewed the insurance requirements with the proposer named herein.
The following deductibles apply to the corresponding policy.
Policy
Deductibles
Liability policies are
Occurrence
Claims Made
Insurance Agency
Sign~ture
56
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to
deviate from the standard insurance requirements specified within this manual.
Recognizing this potential and acting on the advice of the County Attorney, the Board of
County Commissioners has granted authorization to Risk Management to waive and
modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
. The County as being named as an Additional Insured - If a letter from the
Insurance Company (not the Agent) is presented, stating that they are unable or
unwilling to name the County as an Additional Insured, Risk Management has
not been granted the authority to waive this provision.
And
· The Indemnification and Hold Harmless provisions
WaivinQ of insurance provisions could expose the County to economic loss. For this
reason, every attempt should be made to obtain the standard insurance requirements. If
a waiver or a modification is desired, a Request for Waiver of Insurance Requirement
form should be completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to
the County Attorney who will submit the Waiver with the other contract documents for
execution by the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal
with the County Administrator or the Board of County Commissioners, who retains the
final decision-making authority.
57
f
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved
Not Approved
Date:
Board of County Commissioners appeal:
Approved
Not Approved
Meeting Date:
58
..,
INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS
Worker's Compensation $ 100.000 Bodily Injury by Ace.
$ 500,000 Bodily Inj. by Disease, policy limits
$ 100.000 Bodily Inj. by Disease, each emp.
General liability, including $ 300.000 Combined Single limit
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Vehicle Liability
(Owned, non-owned and hired vehicles)
$ 50,000
$100.000
$ 25.000
$100.000
per Person
per Occurrence
Property Damage
Combined Single Limit
Professional Liability Insurance
Professional liability including errors
and omissions
$1,000,000 per Occurrence
The Monroe County Board of County Commissioners shall be named as
Additional insured on all policies issued to satisfy the above requirements except
Workers' Compensation and Professional Liability insurance.
59
'"
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form.
Name of Bidder /Responder
Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated
at least one year prior to the notice or request for bid or proposal? (please furnish copy. )
2. Does the vendor have a physical business address located within Monroe County from which the vendor
operates or performs business on a day to day basis that is a substantial component of the goods or services
being offered to Monroe County?
List Address:
Telephone Number:
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location?
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated
at least one year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for
BidderlResponder
STATE OF
COUNTY OF
On this _ day of , 20-, before me, the undersigned notary public, personally appeared
, known to me to be the person whose name is subscribed above or who
produced as identification, and acknowledged that he/she is the person who
executed the above Local Preference Form for the purposes therein contained.
Notary Public
Print Name
My commission expires:
Seal
60