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Item R3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 16. 2009 Division: County Attornev Bulk. Item: Yes X No Department: County Attornev Staff Contact Person: Christine Limbert-Barrows AGENDA ITEM WORDING: Approval to Advertise for Request for Proposals for the Purchase of County owned property on Long Key. ITEM BACKGROUND: Monroe County owns a parcel of property (Parcel ID 386360) on Long Key and seeks to obtain bids/proposals for the purchase of said parceL PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes _No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes x No APPROVED BY: County Atty~ AMOUNTPERMONTH_ Year OMBlPurchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 MONROE COUNTY REQUEST FOR PROPOSAL FOR THE PURCHASE OF COUNTY PROPERTY ON LONG KEY.PARCEL ID: 386360 MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Mayor Sylvia Murphy Commissioner, Kim Wigington, District 1 Commissioner George Neugent, District 2 Mayor Pro tem Heather Carruthers, District 3 Commissioner, Mario DiGennaro, District 4 COUNTY ADMINISTRATOR Roman Gastesi SENIOR BUDGET DIRECTOR Tina Boan CLERK OF THE CIRCUIT COURT DANNY L. KOLHAGE December 2009 PrepBl'ed by: Christine Limbert-Bauows, 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 11 SECTION THREE Sample Contract for Purchase and Sale 12 SECTION FOUR Definitions 17 SECTION FIVE Proposal 19 SECTION SIX Proposal Forms 22 2 NOTICE OF REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on 2010 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: PURCHASE OF COUNTY PROPERTY ON LONG KEY - PARCEL ID 386360 MONROE COUNTY, FLORIDA RFP-BOCC The Board of County Commissioners of Monroe County, Florida, hereby requests sealed proposals from applicants who wish to purchase County owned property on Long Key, Florida! Parcel ill 386360/Altemate Key 1470082. The County is willing to consider bids for the purchase of the entire parcel or for a portion of the parcel. The Property is offered on an "AS IS" basis. Any proposal shall comply with t~e 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. The specific requirements for the proposals are set out in the Request for Proposal. 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 Christine Limbert-Barrows, Asst. County Attorney, 1111 12th Street, Suite 408, Key West, Florida 33040 or by facsimile to (305) 292-3516. 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)], of the proposal in a sealed envelope clearly marked on the outside, with the Proposer's name and "Proposal for Purchase of County Property on Long Key - Parcel ill 386360, 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 All Responses must be received by the County Purchasing Office before _P.M. on , 2010. Any Proposals received after this date and time will be automatically rejected. Materials may be delivered by Certified Mail, Return Receipt Requested, hand- delivered or couriered. Faxed or e-mailed Proposals will be automatically rejected. Hand delivered Proposals may request a receipt. If sent by mail or by courier, the above- 3 mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated above. Proposers should be aware that certain uexpress mail" selVices 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. 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 SelVices, State of Florida, under Sec. 287.133(3)(d), Florida Statute (2008). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. In the case of a sale, the bid of the highest bidder complying with the terms and conditions set forth in such notice shall be accepted, unless the board of county commissioners rejects all bids because they are too low. The Board reselVes 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 _ day of , 2009. Monroe County Purchasing Department Publication dates: Reporter Keynoter Citizen 4 SECTION ONE INSTRUCTION TO BIDDERS 1.01 DESCRIPTION A. The County is seeking proposals for purchase of county property on Long Key, Florida - Parcel ill 386360/Altemate Key 1470082. The County will also consider proposals for purchase of a portion of the parcel. Such proposals must include a survey giving the legal description with metes and bounds indicating the portion of the property sought to be purchased. The property consists of one parcel, which runs along the right of way of Long Key Ocean Bay with an approximate land square footage of 8,634. The Legal Description is: Long Key Ocean Bay Colony PB 3-310 SEC 1 Long Key PT Lots 1-2-3- OR 104-286-287 The Monroe County Property Appraisers Property Record Card is attached for reference. B. Proposers should be aware: 1. Any proposaVbids shall require access easements to the adjacent properties as deemed necessary; Parcel ill 386350,386370,386414; 2. The County does not warrant the condition the property; 3. The property is zoned Urban Residential (DR); Future land use map (PLUM) designation: Residential High (RH); Tier: Tier 3 4. If potential purchasers wish to purchase only a portion of the parcel, a survey giving a legal description of the portion to be purchased must be included with the proposal; 5. The Purchaser shall accept a quitclaim deed; and 6. any purchase of the property is offered on an "AS IS" basis. C. The Monroe County Property Appraiser Property Record Card is provided herein for informational purposes only. 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 shaH be conducted in a time-frame which will not postpone the sale of the property. 5 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 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 of the Proposer shall in no way relieve him ofthe obligations and responsibilities assumed under this proposal. 1.04 DISQUALIFICATION 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, and no participants in such collusion will be considered in future bids for the same work. 1.05 EXAMINATION OF CONTRACT DOCUMENTS A Each Proposer shall carefulI y examine the RFP and other contract documents and inform himself thoroughly 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 of the obligations and responsibilities assumed under the contract. B. Should a Proposer find discrepancies or ambiguities in, or omissions 6 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 1.06. 1.06 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 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 web site www.demandstar.com or htto://www.monroe- fl.2ov/oa2es/msd/bids.htm. Each Proposer shall aclrnowledge 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 aclrnowledgment of the 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. 1.07 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 "Member 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. 1.08 SUBMISSION OF PROPOSAL A. Two (2) signed originals and five (5) copies of each proposal shall 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 Purchase of County Property on Long Key", 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 _ day of ,2010. Ifforwarded by mail or courier, the above-mentioned envelope shall be enclosed in 7 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 of Calling for Proposals. C. 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. 1.09 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. 1.10 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. 1.11 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 responsibility will be attached to anyone for the premature 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. 8 E. The County may, at his sole discretion, release any Bid before the ninety (90) days has elapsed. 1.12 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 Icind, 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. 1.13 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 proposal, 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 contract to him. B. If the award of the contract is rejected, the County may award the contract to another Proposer or the proposed sale 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 includes the highest price, and whose proposal has the detail necessary for the County to make an 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 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 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. 9 H 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. 1.14 EXECUTION OFCONTRACT A. The Proposer to whom a contract is awarded will be required to negotiate specific details of a purchase contract and to incorporate the items in the proposal that ~e the basis for the award of contract. R Completion of the contract to the satisfaction of the County shall be done within Thirty (30) 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 A sample contract is provided herein, but is expected to be modified to correspond to the elements of the selected proposal. 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. 10 SECTION TWO RFP SPECIFICATIONS 2.01 GENERAL SPECIFICATIONS The successful Proposer is expected to provide a proposal to purchase County owned property on Long Key, Florida! Parcel ill 386360/Alternate Key 1470082. The successful Proposer will be expected to enter into a contract with County. The property is offered "as is". An access easement will also be required to allow access to adiacent property owners. Signature on the Bid Form shall constitute a commitment to the conditions additional to purchase 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. Proposed closing date, which shall be no longer than 30 days after approval of the proposal by the Board of County Commissioners; 3. 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 financing or other pledge of credit will be rejected; 4. Provide a statement of the anticipated use of the property~ 5.. If the Proposer seeks to purchase only a portion of the property, the proposal must be accompanied with a survey, which shall include a legal description with metes and bounds indicating the portion of the property to be purchased. 11 SECTION THREE SAMPLE CONTRACT 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 County owned property on Long Key, Florida! Parcel ill 386360/Alternate Key 1470082 Property Tax I.D. # THIS AGREEMENT is made this day of ,2010, between BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, as II Seller", 1100 Simonton Street, Room 2-205, Key West, Florida 33040, and as"Purchaser, "whose address is 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 (IIPropertyll), in accordance with the provisions of this Agreement. 1. 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 Long Key, Monroe County, Florida, and more particularly described as: The Legal Description is: Long Key Ocean Bay Colony PB 3-130 SEe 1 Long Key PT LOTS 1-2-3- OR104-286-287 4. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Pricell) for the 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 Seller's expenses of sale and real estate taxes. This Total Purchase Price presumes to include the entire 8,634 square feet of land unless otherwise stated. If the Total Purchase Price is for a portion of the property the Proposer shall include the approximate square feet of land and a survey of the property that the Proposer wishes to purchase. 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 12 above in this paragraph. 5. 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. An access easement to adjacent properties is required as deemed necessary. 6. PREPARATION OF CLOSING DOCUMENTS. It is the Purchaser's obligation to prepare any documentation that the Purchaser seeks to be completed and executed by the Seller at the closing. All prepared documents shall be submitted to the Seller for review and approval at least 20 days prior to the Closing Date. If the Purchaser wishes to purchase title insurance, it is the Purchaser's obligation to do so and the purchaser must prepare and complete any documentation required by the title insurer. 7. 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 and any other recordable instruments which is deemed necessary by the parties. Except as provided in this Agreement, each party hereto shall pay its own expenses incurred in connection with this Agreement and the transactions contemplated hereby. 8. TAXES AND ASSESSMENTS. All real estate taxes and assessments which could have become a lien against the Property shall be satisfied of record by Seller by the date of closing. The Seller as a governmental agency is exempt from taxation, but upon transfer of the property the Purchaser may be accessed taxes on the property. The Purchaser may be obligated to pay an amount equal to the current taxes prorated from the date of transfer, based upon the current assessment and millage rates on the Property. 9. CLOSING PLACE AND DATE. The closing shall be on or before Month, day,_201O_(fill in Date); provided, however, that if a defect exists in the title to the Property, the closing shall occur either on the original closing date or within 20 days after receipt of documentation curing the defects, whichever is later or agreed to by the parties. 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 Purchaser's governing body to reform the contract to provide the earlier closing date. 10. 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 of the date of SeIlerts 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 13 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. 11. 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 this Agreement. Seller shall deliver possession of the Property to the Purchaser at closing. 12. 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. 13. RECORDING. This Agreement, Of notice ofit, may be recorded by Purchaser in the Official records of Monroe County. 14. ASSIGNMENT. This Agreement may not be assigned by either Party without the prior written consent of the other Party. 15. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 16. 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. 17. 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. 18. ENTIRE AGREEMENT. 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. 19. WAIVER. Failure of Purchaser or Seller to insist upon strict performance 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. 20. 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. 14 21. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part ofthis Agreement. 22. 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. 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) ATTEST: 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: Witness for Purchaser Print Name Date: Witness for Purchaser Print Name Date: STATE OF Florida) COUNTY OF Monroe) 15 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: SECTION FOUR 16 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 ofthe terms "het!, IIhim", "himself, or "hisfl 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 purchase prices for the property to be purchased. Bidding Documents The advertisement or invitation to bid, the request for proposal, instructions to Proposers, the bid form, and the proposed contract (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, 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 Contract shall be in force and binding on the County and Proposer from the effective date of the agreement. Effective Date of the Agreement The date indicated in the agreement on which it becomes effective, but if no such date is indicated it means the date on which the agreement is signed and 17 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 ofthe 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. Proooser 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 DOCUi\fENTS: The contract documents may be amended to modify the terms and conditions thereof only by a Written Agreement. 18 SECTION FIVE PROPOSAL 5.01. CONTENT OF SUBMISSION The proposal submitted in response to this RFP shall be printed on 8-1/2" x 11" 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 s~bmit adequate documentation to certify the Proposer's compliance with the Countys 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 Pa2e A cover page that states "Response to Request for Purchase of County Property on Long Key." The cover page should contain Proposer's name, address, telephone number, and the name of the Proposers contact person. B. Tabbed Sections Tab 1. 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 Proposer shall agree to accept a quitclaim deed; 3. The Proposer shall provide the proposed closing date, which shall be no longer than 30 days after approval of the proposal by the Board of County Commissioners; 4. The Proposer shall provide a survey of the property if the Proposer only seeks to purchase a portion ofthe property rather then the entire parcel. The Proposer shall indicate the portion of the property that they seek to purchase. Tab 2. County forms A. Proposer shall complete and execute the forms specified below and found at the designated pages in this RFP, signatures shall be current on all forms, dated within thirty (30) days of the date of submission as described in Section 1.07 herein, and Proposer shall include them in the section tabbed 2: 19 Form Paee Response Form 21 Lobbying and Conflict ofInterest Clause 24 Non-Collusion Affidavit 23 Tab 3. Other Information Any other relevant information. 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. 2. Completeness ofthe proposal and attachments. 4. Financial integrity of the Proposer. The purchaser will be required to aeree to ineress and eeress easement to adiacent properties as deemed necessary. 20 SECTION SIX - FORMS PROPOSAL FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS clo 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 COUNTY PROPERTY ON LONG KEY/ PARCEL ID 386360 and having carefully examined the site of the property, having become familiar with all local conditions, having familiarized himself with Federal, State, and Local laws, ordinances, rules and regulations affecting the property and agreeing to ingress and egress easements to adjacent properties as deemed necessary, does hereby propose to purchase the entire Property or a portion of the property as indicated in the attached survey. The Purchaser must include a survey indicatinQ the portion of the property to be purchased, failure to include a survey may result in the County reiectinQ the proposal from consideration. The undersigned further certifies that he understands that the property is to be purchased "AS IS~ condition and the County does NOT warrant the condition of the property. 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) $ (Total Base Proposal - numbers) 21 $ Dollars 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 Affidavit_. the Lobbying and Conflict of Interest Clause_" In addition, I have included a survey of the property { Only required if the Proposer seeks to purchase only a portion of the property. Note: The Proposal must clearly indicate the portion of the property that the Proposer seeks to purchase. Any errors in the survey will be held against the Proposer and the County may reject any Proposal which is unclear or contains errors within. (Check mark: items above, as a reminder that they are included.) Mailing Address: Phone Number: Date: Signed: (Name) (Title) Witness: (Seal) 22 NON-COLLUSION AFFIDAVIT I, ofthe city according to law on my oath, and under penalty of perjury, depose and say that 1. I am ofthe firm dt 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 any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 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: 23 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (CompanY/Individual) ",..warrants that heJit has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation ofthis provision the County may, in its discretion, terminate this contract without liability and may also, in its dIscretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: STATE OF; COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by known to me or has produced as IdentificatIon. (Type of identification) (name of affiant). He/She is personany NOTARY PUBLIC My commission expires: 24 above in this paragraph. 5. INTEREST CONVEYED. At closing, Seller shall execute and deliver 't1[~ 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. An access easement to adjacent properties is required as deemed necessary. 6. PREPARATION OF CLOSING DOCUMENTS. It is the Purchaser's obligation to prepare any documentation that the Purchaser seeks to be completed and executed by the Seller at the closing. All prepared documents shall be submitted to the Seller for review and approval at least 20 days prior to the Closing Date. If the Purchaser wishes to purchase title insurance, it is the Purchaser's obligation to do so and the purchaser must prepare and complete any documentation required by the title insurer. 7. 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 and any other recordable instruments which is deemed necessary by the parties. Except as provided in this Agreement, each party hereto shall pay its own expenses incurred in connection with this Agreement and the transactions contemplated hereby. 8. TAXES AND ASSESSMENTS. All real estate taxes and assessments which could have become a lien against the Property shall be satisfied of record by Seller by the date of closing. The Seller as a governmental agency is exempt from taxation, but up<m ....-rOflCl+.o-r .....f" +h.o ""'''-./''''L'l''t.ort'E1 +'ho D.'1....-,...hoC1,O.... ~ra..-r h..o. o,..r-.an~oA +n'U'.c.n nn +h.o. -n....-nnan-'::T ""'~.a.