Item M2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 19, 2009 Division: County Administrator
Bulk Item: Yes No
Staff Contact Person/Phone: Roman Gastesi 292-4441
AGENDA ITEM WORDING: Approval or rejection of the proposal to lease the property formerly
known as the Hickory House parcel and fixtures for the sum of one dollar a year for thirty years with
ideas for improvements.
ITEM BACKGROUND: In June 2009, a Request for Proposal was advertised for creative fully
funded options for the purchase or lease of the Hickory House property. The proposal was opened on
July 22, 2009. There was one proposal from Mr. Vinicio Sangermano aka Vinny Sangermano.
PREVIOUS RELEVANT BOCC ACTION: The County purchased the property located at 5948
Peninsula Avenue, Stock Island, Key West, Florida in August 2006. Subsequently the BOCC put the
property up for bid and accepted a bid from King's Pointe Marina LLC (KPM). On August 27, 2008,
after a due diligence period, KPM cancelled their contract with the County to purchase the Hickory
House Property.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Reject the Proposal
TOTAL COST: INDIRECT COST:
BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atf??OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:_
AGENDA ITEM #
Revised 7/09
Included Not Required
Response to Request for Pro osal--- Sale/Purchase/Lease of the
"Hickory House" Proaerty
Proposer: Vinicio Sangermano, aka Vinny Sangermano
Sole Owner
Address: 10 Azalea Drive, Key West, `FL 33040
Phone No: (305) 295-0668
Summary Objective: My intent is to construct a new structure on the
property presently referred to as the Hickory House and to provide a much
needed commercial working waterfront. My vision incorporates new
businesses that will cater to the commercial fishing industry as well as
establishing a new restaurant which will provide a minimum workforce to
the community of 30-40 jobs. My plan also calls for housing to be provided
for most of the employees. My intent is to fully rebuild the existing seawall
and construct new docks that are essential to our commercial fishermen.
Also, public access will be available as suggested through the use of a boat
ramp.
In short, I wish to provide a service to our community. I feel that providing
the necessary setting for a working waterfront will enhance the area as well
as maintaining the integrity of the surrounding neighborhood.
Monroe County
JUL 22 2009 ,
Wt:..__.
RECENED BY'—
ATTACHMENTS
Re: Response to Request for Proposal—Sale/Purchase/ease of the
"Hiicko House" Pro e
Proposer: Vinicio Sangermano, aka Vinny Sangermano
Sole Owner
Address: 10 Azalea Drive, Key West, FL 33040
Phone No: (305) 295-0668
A. Proposal Form
B. Non -Collusion Affidavit
C. Lobbying and Conflict of Interest Clause
D. Public Entity Crime Statement
E. Drug -Free Workplace Form
F. Signed acknowledgement of insurance requirements
G. Response to Request for Proposal --Safe /Purchase/Lease of the
"Hickory House" Property
1. Summary Objective
2. Proposal, in general
3. Proposal
H. Hickory House reconstruction graph sheets 1 & 2
I. Qualifications and Experience
J. Personal Financial Statementl s
K. Letter from Glen Boe & Associates
L. Depository relationship letter —Maria Garcia, First State Bank
M. Personal reference letters
1. Dona Goodrich, Executive VP, First State Bank
2. Joe Morgan, M.D., Valdosta Psychiatric Associates, Valdosta, GA
3. Robert Heide, M.D., Internal Medicine Specialists, Norfolk, VA
4. Phillip Smith, former owner of Antonia's Restaurant, Key West, FL
SECTION SIX - FORMS
PROPOSAL, FORM
BID To: MONROE COS BOARD OF COUNTY COMMISSIONERS
E cla PURCHASING DEPARTMENT
I 1100 SIMONTON STREET
I ROOM 1 213
# KEY WEST, FL..OR03A 33040
It�ROM `�
The un6an4l0ed. fly examkied the Request front Pry, and Addenda thWweto
and havkV kq)ectad property, and obw Contract Documents for the of
JteImst f84 PMpnsal -- PURCHASE OF HICKORY HOUSE PROPERTY
and having y ' the site of the property, having become famlllar wfth all local
comlilkns tncluc � the cost �, and having f nift ized hamself with material
ny a. Federal, . and Loral taws, �... ations atfec:ta� the
�. doesImerr3by,pm, , the Prrlr�M lease the m IropertY Qrf�?.
The undersigned f[utiter cOrWies Hut he has personailly 'nsPec;ted the ac k0l IOCR On of the
pmpmty artd NA*Vsa dock, t s,&kwwartd appuftniances thereto, tngeffw with the local
sources of supply andl he NxWstWWs the ins urde f which Pose or lease is to be
PefftmedThe �m:e off bidder' dW asurtte the risk of any and all costs and delays arising
fad by y � or other lrm mf n cMd to which could be reasonably
hspecdon and e � of the srtee.. provded and made avaml., and from
The urK"Wked f wthbr oerffles that he ur0watows/ gugutsh the
is tv/ be � AS M.
. � d WrWMsa�s.�yr,*o_ /r�..,.�raRRI O �iIQ 't y. xtj% �. dock
The PfOWxW shall be ftmWmd below in words and munbers. If "we Is an fixonshgency
betw"[t the the Frfd in wOfds Shall L
FOR PURCHASE: 1
{%tom Base Rr+opoSal. = 3
(Total Base Proposw
-37-
�j
(Down Payment In numbers)
FOR LEASE:
i��OtW Saw 'Pwposal �er yea� for the first W- wands}
ollars.
I / , S!I-- ;
Base Propl Ow� . yewf�orftf�h-styqw�
The term 0 the lease shall be 0
years.
I adTowWdge Afternates as follows -
I acknwAodge receipt bf Addenda No(s)
No. I _Da bd
1,10--oated
No. Dam
No. bated
Na. Dated
I have included the Form Om NM Collusion Affidavit
Confi&2 of Inkuw1pBsit Rroposal I . —, 'the Lobbying ard
C*Se Z, the Dwg-Free Workpk-tce Forrr�-_-
.1-11 _�' a Public Entity Crime
Statement ------- In Oddifion. I have mduded a cerifflad copy of Morwoe County 00cupallonal
License Clow Of otherpeftent licenses Insurdnee Requkemenrts- Hold Harmless
Statemew- and an Insu'rance Agents swwrwl;n—t .
Mailing Address:
Phorte Number
Date: AM" Signed j
Wdness.
� 24
(SeaO
-39-
NON -COLLUSION AFFIDAVIT
�, �,� ._.: c-�-j--r:•c:�,.�:..=.„�thecAy �::" � G�:-s',-- - �- to ! on my oatk and raider Ply. ar pequry, depose anti sap tat accordingh
of the cram of
the bidder rn Nog
for
and that E a aaix— the said proposal w-m atdhodty to do so;
2- The prices in tins bid twine been arrhred at bdependerttty VsAitKnxt raokmk>n, 001taAefion,
OMMMMOBW oraagreeraettt for th& WPase of TOddCft Com On, aas to aRy rrratter mbWh g to
such prices pith arty otter biddw or with any con pe(6or;
3. Unites otherwise ragWmd by few. the iuioes vet haft been in tttiri bid here not been
krwwin* dtseWad by the bkkier and viva not krdwArig(y be dWwjed by the bidder Prior try bid
apenfstg,dftcdY nr ind'm*, to anY O1er bidder or to arty oartpewr, and
+4. No O nnpt tics bow made or will be mwle bythe blctdar to kKkim any other powN prhwsNp w
oosptsratort to SAAMA or not to s thmk a bid tbrthe propose or reshko rg =MoftkpM MW
S. The this a'ifsdavd am true attd Garnett, and made wth M bmwiedge that
p
saki rof
777
( cloy& a#Bi d {pate) — ---
STATE f3F:
L' y�f` ldii
COUNTY OF�;'�
PERSONALLY APPEARED e>�E � the urtdet*pmd autho ft, FV "', uk", �. <C3/9 ,AJ C f, f " � •' Y1
who, attar brat being sworn by (MPS of 9) aX..d hWhl signsture in the Spam Wovkied above
on tbls LZ day of ' _ 20 C'
NOTARY PU13UC r
My commission dress 0 ba i ' /
MIN WARREN
MWVY Public - Stated Ftor�
6t +M. moires Feb S, 2813
tiprgrlti3tiitlrl 00 asel"
ar*d Tkouph Natrona! Holarir Assn
-39-
EMCS CLAUSE
LOBBYING AND CONFLICT ICT OF ffffEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
(company)
wamInts that l has not employed, hid or offtewAse tud act on hWft begat€ any fatrw County officer
or employee W VWWon. of SOMM 2 of Ordinance No. 01G-19M or any County officer ar enfiPlayee in vioiatkm of
Sectiost 3 of Orn6natnce Mho. 010-19W For breech or vkrdon of iids PWWSton the COWRY My. In Rs dlscrWan.
te"Mnnsts this act t Oabi ty WW may also. In ft dsaetlon, deduct firOm thO c wbut or purchase pdc% or
othOvviss recover, the fup amotmt of any ft conwftdon, pert a.% gk or consideratim paid b the fomner CoWnty
apkar or en pkWee . t I
STATE OE_(y� Gl .
COUNTY OF.,
Su and sworn to (or affirmed) before nve on % c� �- G (date)
by �� Oil Q,/w(s ( of of ffi t). HafSite Is paesorly known to ma
or has prodvx ed
Idenftif€on)
My co+m issbrt eocptm:
22Z
Oq .�r�
as tdanorkwti n (Type of
/ f
NOTARY PUBLIC
AIYH iRlliWt{Ek
zVVWY PWMIC - Slats of FWW
My Comm. Expires Feb 0, MS
Commission # 00 BMOR
,•,Nr BerAw Yf ** Naffon31 wb 0yAw
PUBLIC ENTfff CRIME STATEMENT
"A Pem0n or atiiidte`vAi o has been placed on the convicted vendor W following a conviction for
Public entity crane may not aftidt a bid on a Ox*act to provide any goods or services to a public
enthy, may not sty a bid On a OM*act vA h a public entity for the construction or repair of a
Public Wkft cW Pubic work may not submit bias on leases of real pmperiy to public antbty, may
not be awarded or Pwkwm work as a oardrackr, SUPPOK, sdXontracbar, or CONTRACTOR under
a =*act with any rnd*c , NW may not � b war any any puff% entity in of
u provided in Section 297-817, Florida StaluEes. far CATEGORY Two for a
period of 38 rnOrtft fin the date of being C>Wad On the cortviktad verkdor ram'
I t'tx ve read Me above and sty t hat r*Mw Vi - � - ; g n"
""i � IKN e! � C"'S".4 - n.n in�o rr'f [RH
p on ff m � vendor t-fSt wMvn Vie last 38 nxx*m.
: . r
STATE OF:
COUNTYOF- M&rX1LiJW—
Subecnbed and swami to (orb before me on Z6, s 0Q c
(data) by /tiJ�U ti(Jtt roe of aflant). HefShe is personWly knovrrt to me
or has produced lJ P) : (type of Identification)
as man.
NOTARY PUBLIC
My corriff :sslon Expires. 0 C1 G`
ANN WARREN
No" plsbik - state of ]M3.
• My Cates. fq*u Rb &
1 :tqhn
-42-
FITE I I i C-1-9 J'a tj '10, �- , I - ` I D
The undersigned vendor in accordance wdh Florkla SbWb 287.087 hereby cerffm that
(Name of Business)
1. Publishes a statement notifying employees that ft LndavWW mamdacWre, distribution,
dispensitV, posmmkwk, or use, of a cordroDed substarcq is prohbiled in V* vKwkpjace and
sPOcffYing the acdoni that will be taken against employees for violations of such M*Wftn.
2- Informs aTP" abotA to dangers of drug abuse in the worlpiatz, to business's
Pok-7 of M*Awft a &4khas wwkgacG- any avandAO dmg MUFMOM, MhWAMWn, and
empbyee assk&wwd Wgram, and the Pwwfts Umt MY be mVOsEd Ulm mPbyees for drug
abuse vk&dkwm -
3. Gives each wWbyes engaged in M*vkgng the CXMnDdffw or corttractual swoces that
are wKW bid a copy pt the SkMaNut specffied In subsecUon (1),
4. in the SWmmt Wecftd in absscdOn (1). WWies the enMAOY88s that, as a condition of
woddng on the axmno06s or coNredual services that am UYKW bid, the employee " abhie by
the terms Of the SWWment and wN notiry the OnPloyer of any o"kfim of, or plea of qwN or
n0k) 00r*Bndem to. R-hy vk*i&o of Chapter SW (Fkxwa Sgab_49S) or of any COr*dW substance
k&v Of the WNW StRias or any abda, far a violation ocaming in ft wmk*xo no law then rNe
(5) dWs after such cotwicbam
5. Imposes a swxMon ork or mquire Me safthtday pw*#wflo" in a drug ah" �
Or "*ObWtBWn is PWM I such Is avaftie in ft MT4)10YWs community. or wW empbyee Who
so convksad
6. Makes a 90od faM effort W conhnue to nuwfth a dmo*ee wadqgwm #wmQb
kWW"SrAWbn of Oft section -
As Vw permm WAI0d=d 10 SW theSUAWWt I OaNy � this fkm � WHY Vft the above
requkeffxwft.
INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS
W~s Cw0Pww8Wn $-10-0-.O—W Bodily Injury by Acc.
$ §MQ0 Bodily Ird. by Usease, policy {knits
0WHy fro. by Mtme, each emp.
General Lb"Ity, inctuding $3 MOM Combined Single !..unit:
Premises Cpe*w
Products and Completed Operations
Bw*w cw*ictuif upmfity
Personal In " UaWEty
Expanded Defindion of Prop" Damage
V421hklie 1-119,13ftl $-50-.O-0_0 per Person
(OWned, nw4wred and hired vd*:km) $IQP.CK)O . __ per Occummce
A-2fiaW_- Property Damage
$1QQAQ_Comb1ned Single Limit
I
PfufbsW" Uabft fndu&V errors -$1.pOd,000 Per Occurrews-
and ofnisslMs
The Monroes
amd Of County Carrmtissioners an an pofideto saWy the "Y sW be named as Axldtkmal Insured
6 (equirements except WorkeW Compensaffm
and PmfessW* Lfabft kwmwce-
FOR THE
SALE/PURCHASE/LEASE OF THE "HICKORY MOUSE" 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 tem Sylvia Murphy, District 5
COUNTY ADMINISTRATOR SENIOR BUDGET DIRECTOR
Roman Gastesi Tina Boan
CLERK OF THE CIRCUIT COURT DANNY L. KOLHAGE
June 2009
Prepared by:
Natileene W. Cassel, Assistant County Attorney
Monroe County Attorneys Office
PAGE
NOTICE OF REQUEST FOR PROPOSAL 3
SECTION ONE 5
Instruction to Bidders
SECTION TWO 12
RFP Specifications
SECTION THREE 15
Sample Contract for Purchase and Sale
Sample Lease
SECTION FOUR 32
Definitions
SECTION FIVE 34
Proposal
SECTION SIX 37
Proposal Forms
2
NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on Ju 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/PURCHASE/LEASE OF
THE "'HICKORY DOUSE" PROPERTY
MONROE COUNTY, FLORIDA
RFP-BOCC-197-168-2009-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 lulown as the "Hickory House" and
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. ,3
Proposers may choose to submit proposals for the creative legitimate 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 will be held on June 30, 2009 at 10:00 A.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/paces/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 Maria Graziano, Monroe County Project Management Coordinator, 1100 Simonton Street,
Room 2-216, Key West, Florida 33040, by facsimile to (305) 295-4321 or via email to rraaziano-
maria � monroecoun -fl. gov . 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 Sale/Purchase/Lease 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
All Responses must be received by the County Purchasing Office before 3:00 P.M. on July 16, 2009.
Any Proposals received after this date and time will be automatically rejected. Materials may be delivered
by Certified Mail, Return Receipt Requested, hand -delivered or couriered. Faxed or e-mailed Proposals
will be automatically rejected. Hand delivered Proposals may request a receipt. If sent by mail or by
courier, the above -mentioned envelope shall be enclosed in another envelope addressed to the 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 under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
All submissions must remain valid for a period of ninety (90) days from the date of the deadline for
submission stated above. The Board will automatically reject the response of any person or affiliate who
appears on the convicted vendor list prepared by the Department of Management Services, State of
Florida, under Sec. 287.133(3)(d), Florida Statute (1997). Monroe County declares that all or portions of
the documents and work papers and other forms of deliverables pursuant to this request shall be subject to
reuse by the County.
Interested firms 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 9t' day of June, 2009.
Publication dates:
Reporter (Fr) 6/12/09
Keynoter (Sa) 6/13/09
Citizen (Su) 6/14/09
Monroe County Purchasing Department
4
41,
ON TO BIDDERS
1.01 4,
the property previously known as the "Hickory House"
ck Island, Key West, Florida. Proposers are encouraged
00 00 0 4 Ong -term, lease for the property related to a specific use.
— 0 O Q D 0 0 approximate land square footage of 24,375. The County
v a� l O d0 d a d 'hree Million Seven Hundred Fifty Thousand Dollars
($3,75U,UUU) In AUgMiL u1 lrVVV.'_ Jr --,-may, buildings and dock have been vacant at least since
August of 2006; the County does not warrant their condition or their suitability for a specific use
and any purchase or lease of the property is offered on an "AS IS" basis..
The Legal Description is:�
Lots 30, 31 and the West Kof 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. '
The property appraiser lists the building as originally constructed in 1958, improvements such as
patios, docks, a seawall, and fences added over the intervening years. The present zoning for the
property is mixed use. 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, and
4) Boundary Survey dated November 21, 2006.
Proposers shall not rely on the above documents but are encouraged to obtain their own individual
studies as they determine are necessary. Any surveys, studies, or any 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.
A one time mandatory pre -bid meeting will be held on June 30, 2009 at 10:00 A.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.
The County is interested in proposals which state a detailed specific intended use for the property
and 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.
The following basic conditions for the sale or lease shall be complied with:
A. The Purchaser shall accept a quitclaim deed; the Purchaser or Lessor shall accept that there shall
be a restrictive covenant, which will allow reasonable public access to the waterfront;
5
B. The Lessor shall provide a hold harmless and indemnification agreement to the County and
shall provide for reasonable public access to the waterfront.
1.02 DEFINED TERMS
Terms used in the Instructions to Bidders/Proposers are defined and have the meanings assigned to
them in the General Conditions, Section 4.
1.03 COPIES OF BIDDING DOCUMENTS
A. Only complete sets of Bidding Documents will be issued and shall be used in preparing
proposals. The OWNER 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.
1.04 QUALIFICATIONS OF PROPOSERS (TO BE SUBXMTED WITH PROPOSAL)
A. Each proposal must contain evidence of the Proposer's qualifications to do business of the
type delineated in the proposal and in the area where the property is located.
B. To demonstrate qualifications to perform under the proposal, each Proposer shall submit
written evidence as to:
l . Previous successful experience in similar work,
2. References with names, addresses, and telephone numbers,
3. Description of previous project, address 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;
7. A list of the names, addresses and telephone numbers of owners, officers
and members of the Board of Directors, or all personas with an
ownership interest in the business entity.
1.05 DISQUALIFICATION OF BIDDERS/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 Bidder/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.
6
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 perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the elate of
being placed on the convicted vendor list. Category Two: $10,000.00
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.
1.06 EXAMINATION OF CONTRACT DOCUMENTS
A Each Bidder/Proposer shall carefully 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. Ignorance on the part of the
Proposer will in no way relieve the Bidder/Proposer who executes the purchase/sale
contract or lease of the obligations and responsibilities assumed under the contract/lease.
B. Should a Bidder/Proposer find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify the
OWNER
1.07 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Proposer as to the meaning of the contract documents.
Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for
opening of bids will be given consideration. All such changes or interpretation will be made in
writing in the form of an addendum and, if issued, will be mailed or sent by available means to all
known prospective Bidder/Proposers prior to the established bid opening date. Each
Bidder/Proposer shall acknowledge receipt of such addenda in the space provided therefore in the
bid form. In case any Bidder/Proposer fails to acknowledge receipt of such addenda or
addendum, his bid will nevertheless be construed as though it had been received and acknowledged
and the submission of his bid will constitute acknowledgment of the receipt of same. All addenda
are a part of the contract documents and each Bidder/Proposer will be bound by such addenda,
whether or not received by him. It is the responsibility of each Bidder/Proposer to verify that he has
received all addenda issued before bids are opened.
1.08 GOVERNING LAWS AND REGULATIONS
A. The Bidder/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 Bidder shall include in his proposal prices all 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 snake the building ADA accessible under the Federal and
State laws.
1.09 PREPARATION OF BIBS
Signature of the Bidder/Proposer. The Bidder/Proposer must sign the Proposal forms in the space
provided for the signature. If the Bidder/Proposer is an individual, the words "doing business as
It, 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 Bidder/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
Bidder/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.
1.10 SUBMISSION OF BEDS
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 which shall be marked so as to
clearly indicate its contents and the name of the Bidder/Proposer. If forwarded by mail,
the above mentioned envelope shall be enclosed in another envelope addressed to the
entity and address stated in the Notice of Calling for Proposals, and preferably by special
delivery, registered mail; if. forwarded otherwise than by mail, it shall be delivered to the
same address. Proposals will be received until the date and hour stated in the Notice of
Calling for Proposals.
C. Each Bidder/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 Bid will constitute a representation by the Bidder 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 BED
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.
Written proposal modification will be accepted from Bidders/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.
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. :
E. The Owner may, at his sole discretion, release any Bid before the ninety (90) days has
elapsed.
1.14 DETERMINATION OF SUCCESSFUL BIDDER
The OWNER reserves the right to reject any and all bids/proposals and to waive technical errors
and irregularities as may be deemed best for the interests of the OWNER . Bids/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 Bidders, and the contract documents, may be rejected at the option of the OWNER.
1.15 AWARD OF CONTRACT
A. The OWNER reserves the right to reject any or all bids/proposals, or any part of any
bids/proposals, to waive any informality in any bid/proposal, or to re -advertise for all or
part of the work contemplated in the best interest of the County. If bids/proposals are
found to be acceptable by the OWNER, written notice will be given to the selected
Bidder/Proposer of the acceptance of his proposal and of the award of the contract/lease to
him.
B. If the award of the contract is rejected, the OWNER may award the contract
to another Proposer or the proposed sale/lease may be re -advertised as the
9
OWNER 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 Owner to make an informed decision.
B. The OWNER also reserves the right to reject the bid of a Bidder/Proposer who has
previously failed to perform properly or to complete contracts of a similar nature on
time.
C. In evaluating Bids, the Owner shall consider the qualifications of the bidders and
whether or not the Bids comply with the prescribed requirements in the Bidding
Documents.
D. The Owner may conduct such investigations as he deems necessary to assist in the
evaluation of any Proposal and to establish the responsibility, qualifications, and
financial ability of the Proposers to the Owner's satisfaction within the prescribed time.
E. The Owner reserves the right to reject the Bid of any Bidder who does not pass any such
evaluation to its satisfaction.
F. If the Contract is awarded, the Owner will issue the Notice of Award to the successful
Bidder within ninety (90) days after the date of receipt of bids. The Owner reserves the
right to return all Proposals, not make any awards, and retain the property as the Board
sees fit.
G. 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 Bidder/Proposer to whom a contract/lease is awarded will be required to negotiate
specific details of a purchaselsale contract or lease and to incorporate the items in the
proposal that are the basis for the award of contract/lease.
B. Completion of the contract to the satisfaction of the Owner shall be done within Sixty
(60) days of the awarding of the contract by the BOCC, if this is not accomplished the
Owner reserves the right to reject the contract and go to the second bidder or, if the
County desires, to rebid the project at a future date.
C. The Proposer shall return to the OWNER four (4) executed counterparts of the
prescribed contract together with the required certificates of insurance, if required under
the contract, within fifteen (15) days from the date of notice of acceptance of the Bidder's
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.
10
D. In the event the Proposer given Notice of Award fails to execute and deliver all contract
documents required above, the Owner may exercise its right to contract with the next
conforming responsible bidder with the best price for the County.
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2.01 GENERAL SPECIIE`ICAIIGNS
The successful Bidder is expected to provide a proposal to purchase or long term lease of the
premises previously known as the "Hickory House," and to provide waterfront access to the
general public on the subject parcel. The successful Bidder will be expected to enter into a
contract with County. The property is offered "as is".
Bidder/Proposer shall obtain all necessary state, federal and local permits and develop a boat
ramp for the use of the public and/or a pier for use by the public for temporary docking of boats,
and shall dedicate by deed restriction the public access to the water. Access may be reasonably
limited to the business hours of the purchaser or lessee for such uses.
Bidders should recognize that the County paid $3,750.000 million dollars for the property, and
bidders should keep this in mind upon submitting proposals. .
Signature on the Bid Form shall constitute a commitment to the conditions additional to purchase
price, or lease price, as follows:
2.02. TFLE PURCHASE ALTERNATIVE
A. Bidders 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 bidder 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 VQ, section
10 from pledging credit to private entities. A proposal which anticipates the
participation in financing 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. Access to the
general public to the waterfront will also be considered.
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.
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2.03. THE LEASE ALTERNATIVE
A. Bidders 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. Access to the general public to the waterfront will also be
considered.
S. 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.
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 due to the creative
nature of allowable proposals. 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 of VI or better and a financial rating of
A from A.M. Best. The required insurance shall be maintained at all times while Proposer is
providing service to County.
Worker's Compensation Statutory Limits
Employers' Liability $500,000
General Liability, including $300,000 combined single limit
Vehicle Liability $100,000 combined single limit
Monroe County shall be named as an Additional Insured on the General Liability and
Vehicle Liability policies,
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C. INDEMNIFICATION. The Proposer to whom a contract is awarded shall defend,
indemnify and hold harmless the County as outlined below.
The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its
commissioners, officers, employees, agents and servants from any and all claims for bodily
injury, including death, personal injury, and property damage, including damage to property
owned by Monroe County, and any other losses, damages, and expenses of any kind, including
attomey's fees, court costs and expenses, which arise out of in connection with, or by reason of
services provided by the Proposer or any of its officers, employees, servants or agents, heirs or
assigns, occasioned by the negligence, errors, or other wrongful act or omission of the Proposer,
its officers, employees, servants or agents, heirs or assigns..
In the event that the service is delayed or suspended as a result of the Vendor's failure to
purchase or maintain the required insurance, the Vendor 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 Proposer is consideration 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.
D. INSURANCE POLICIES. As a pre -requisite of the lease, the PROPOSER shall
obtain, at his/her own expense, as specified in any attached schedules, which are made part of the
lease. PROPOSER is solely responsible to ensure that said insurance is obtained and shall submit
proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for
termination of the award of contract. The amounts of coverage will be determined by the County
based on the nature of the Proposal, and will be contained in the lease.
The PROPOSER shall maintain the required insurance throughout the entire term of the lease and
any extensions or amendments specified in the lease.
The PROPOSER shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
Certificate of Insurance
or
A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to
the 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 "Additional Insured" on all policies, except for Workers'
Compensation.
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3.01 SAMPLE CONTRACT FOR PURCHASE AND SALE
Project: Hickory House
Property Tax I.D. H0012621.0-000000
THIS 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 " Seller", Roman Gastesi, County Administrator, 1100
Simonton Street, Room 2-205, Key West, Florida 33040, and as " Purchaser "
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 ("Property"), in accordance with the provisions
of this Agreement. 11
2. DESCRIPTION OF PROPERTY. The property which the Seiler 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 Vest, Fl. 33040 aka 5948 Maloney Avenue,
Stock Island, Key West, Fl. 33040
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.
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
formal 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 shalt be paid to
the Board of County Commissioners as a part of the purchase price.
4. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price") 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 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 Survey, as provided in
paragraph 5.
Conveyance of the Property by Quit Claim Deed from Seller to Purchaser will take place at the
15
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 (_) 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 INSiJRANCE. 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 "B") 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 survey furnished to Purchaser
pursuant to this Agreement discloses any defects in title which are not 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,
16
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 could 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 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 Purchaser's 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 of the
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.
17
15. RIGHT TO ENTER PROPERTY AND POSSES5ION. 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
attorney's fees and costs.
1s. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the
Official records of Monroe County.
19. ASSIGNMENT. This Agreement may not be assigned by either Party without the prior
written consent of the other Party.
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 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.
24. 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.
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.
18
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.
27. 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.
28. Purchaser shall have 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, the prior policy of title
insurance and the Phase 2 Environmental Site Assessment Report with proof of remediation (all
provided by Seller upon Seller's execution of this Contract). In the event Purchaser objects to any
of the conditions shown on the existing title evidence, survey or Environmental Site Assessment
Report, Purchaser shall provide written notice to :Seller prior to the expiration of (—) days
from the date of execution of this Contract. In 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 S) and the new
title evidence (described in Paragraph 6).
THE "&"LL
PERFORMANCE AND OBLIGATION TO PAY UNDER THIS
CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE
6 c> c c_
THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK
THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
IN WITNESS WItEREOF, the parties hereto have set their hands and seals the day and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
PURCHASER
BY
Person Authorized to sign for Purchaser
-19-
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 , 2009,
by . He/she is personally known to me or produced as
identification.
(NOTARY PUBLIC) SEAL
Notary Public
(Printed, Typed or Stamped Name of
Notary Public)
Commission No.:
My Commission Expires:
i13
ADDENDUM
(IMPROVEMENTS/PURCHASER)
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 m 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 sole
cost and expense, have the buildings that willremain 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) terminate this Agreement, thereupon releasing Purchaser and Seller from all fwther obligations
under this Agreement
B. Wood Destro anisms Inspection R Purchaser may, at its sole cost and expense, obtain a Wood Destroying
Organisms Inspection Report made by a state licensed pest control firm showu2g the buildings that are to remain on the Property to
be visibly free of infestation or damage by termites or other wood -destroying pests. Itthe report shows such infestation or damage,
Purchar shall have the option to either: [a) accept the Property as it then rs with no reduction in the Purchase Price or (b)
terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement.
C. Maintenance of Improvements. Seller shall, if requairred by Purchaser, maintain the roofs, doors, floors, steps, windows,
exterior walls, foundations, all other structural components, major appliances and heating, cooling, electrical and plumbing systems
on all improvements that will remain on the Property in good working order and repair up to the date of closing_ Purchaser may, at
its expense, have inspections made of said items by licensed persons dealing in the repair and maintenance thereof. If the
inspection reveals that any of the improvements that: will remain on the Property are in need of repair, Purchaser shall have the
option to either: (a) accept the Property as it then is with no reduction in the Purchase Price or (b) terminate this Agreement,
thereupon releasing Purchaser and Seller from all fin-ther obligations under this Agreement
(SEAT,)
ATTEST: DANNY L_ KOLHAGE, CLERK
:A
Deputy Clerk
Witness for Purchaser
Print Name
Date:
Witness for Purchaser
Print Name
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
PURCHASER
BY
Person Authorized to sign for Purchaser
PRINT NAME
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.
Notary Public
2009,
as
My Commission Expires:
Commission No.
-21-
3.02 SAMEPLE LONG TERM LEASE
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
hereafter, "Tenant" or "Lessee" this
WHEREAS,
WHEREAS,
whose address is
day of , 2009.
and
and
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
(-) years commencing , 2009 and terminating on 20
unless extended in accordance with the terms set forth in subsection ii) below.
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 total 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
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improvement.
Rent, Maintenance Fee, Tag. The total monthly rental payment (hereinafter
collectively known as "rent"), shall include rent, applicable sales tax. The initial 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 CPI for
all urban consumers (CPI-U) 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 default/breach and that Lessee
has ten (10) days to correct the default/breach. If the Lessee has not corrected the
' default/bre,.ch at the end of the ten (10) days, then the Lessor may terminate the Lease
in its discretion. If 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 termination 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 Lessor.
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
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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 of this lease.
5. Assignment. 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 Rights. 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 pay off same.
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 pay off 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 Purposes. 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
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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 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.
11 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 Regulations. 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. Coup 's Right of Entry. 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 c6mplied 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.
lb. 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.
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17. ResRonsibUily for Pro a on Leasehold. All property of any kind that may be
on the premises during the term of this Lease Agreement shall be at 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 premises.
18. Damage 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 rats 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 clays for any and all costs of repair not covered by insurance
proceeds.
19. Ri hts Reserved. Rights not specifically granted to Lessee by this Lease Agreement
are reserved to the Lessor.
20. Rights, of Count. 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. Indemnification/Hold 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 interruption,
and (iii) 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 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
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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. Boob, Records and Documents. Lessee shall maintain all 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 the Lease Agreement and for four years following the
termination of this Lease Agreement.
24. Governing, _Law. Venue, Interpretation: 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.
j 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 Agreement. 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 whiting,
approved by the Board of County Commissioners, and signed by both parties before it
becomes effective.
28. Severability. If any term, covenant, condition or provision of this Lease 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 permitted 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. _Atttorney'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 of this Agreement, the prevailing party shall be
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entitled to reasonable attorney's fees, and court costs only, as an award against the non -
prevailing parry, 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. Binding 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 Disagreements. 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 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 date 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 USC ss. 1681-1683,
and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of
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the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse, 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patent records; 8) Title VIH of the Civil Rights Act of 1968 (42 USC s. et sect.), 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. I
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 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 o£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/Payment. 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_
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44. 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. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the Lessor, when performing
their respective functions under this Lease 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. Legal Obligations and Responsibilities: 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. Nora -Reliance by Non -Parties. No person or entity 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 under 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 Liabili . 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 of the execution of this Lease Agreement.
46. Execution in Counterparts. 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.
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47. Section Headings. Section headings have been inserted in this Lease Agreement as a
matter of convenience of reference only, and it is agreed that 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 PURCHASER'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS
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)
ATTEST: DANNY L. KOLHAGE, CLERK
01
Deputy Clerk
Witnesses
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairperson
LESSOR
By
Title: Managing Partner
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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", "him", "himself, or "his" 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.
AgLeement
The written agreement between the Owner 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.
M,
The offer, proposal, or bid of the Bidder/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 Bidders, the
bid form, 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
Bidder/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 Bidder/Proposer to the owner under the contract documents as
stated in the agreement.
Contract Time
The time the Contract/Lease shall be in force and binding on the Owner and
Bidder/Proposer from the effective date of the agreement.
Contractor
.The person, firm, or corporation with whom the Owner has entered in to the agreement,
Effective Date of the „Agreement
The date indicated in the agreement on which it becomes effective, but if no such date is
indicated it means the date on which the agreement is signed and delivered by the last of
_32_
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 Bidder/Proposer stating that upon compliance
by the apparent successful Bidder/Proposer with the conditions precedent enumerated
therein, within the time specified, the Owner 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.
Proposal
The offer or proposal bid of the Bidder/Proposer submitted in a format setting forth the
qualifications of the Bidder and the prices and other conditions under which services shall
be performed.
Proposer
The person, firm, or corporation who has submitted a proposal, also known as the
Bidder/Proposer or Bidder.
RFP
Request for Proposal advertised by the Board of County Commissioners.
Written Amendment
A written amendment of the contract documents, signed by the Owner 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.
-33-
SECTION FIVE -BID PROPOSAL
5.01. CONTENT OF SUBNHSSION
The proposal submitted in response to this RFP shall be printed on 8-1/2" x I I" 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.
Bids/Proposals shall be organized as indicated below. The bidder/respondent should not withhold
any information from the written response in anticipation of presenting the information orally or in
a demonstration. Each Bidder/Respondent must submit adequate documentation to certify the
Bidder�s/Respondent's compliance with the Countys requirements. Bidder/Respondent should
focus specifically on the information requested.
5.02 The following information, at a minimum, shall be included in the Submittal:
A. Cover Pap-e
A cover page that states "Response to Request for Proposal - ]PURCHASE OF
HICKORY HOUSE PROPERTY". The cover page should contain Bidder's name,
address, telephone number, and the name of the Bidder's contact person.
B. Forms
Forms are attached in Section Seven. The Proposal shall be submitted on the
following forms:
1. Proposal Form
2. Non -Collusion Affidavit
3. Lobbying and Conflict of Interest Clause
4. Drug -Free Workplace Form
5. Insurance Agent and Bidder's Statements
6_ License, Current Copy to Be Submitted with Proposal
C. General Information
In order to determine if the persons or entity submitting bids are responsible, all
bids for contracts to be awarded under this section must contain the following
information:
1. A list of the entity's shareholders with five (5) percent or more of the stock or, if
a general partnership, a list of the general partners, or, if a limited liability company, a list of
its members; if a solely owned proprietorship, names(s) of owner(s). A copy of
documentation demonstrating that the entity is a legally viable entity shall be attached.
2. A list of the officers and directors of the entity; including the name, address and
telephone number for each. Include
-34-
3. Relevant Experience: The number of years the person or entity has been
operating and, if different, the number of years it has been providing the service, goods, or
services called for in his proposal (include a list of similar projects); include the name and
address of any similar projects and a contact number.
4. The number of years the person or entity has operated under its present name and
any prior names;
5. Answers to the following questions regarding claims and suits:
a. Has the person or entity ever failed to complete work or provide the goods
for which it has contracted? (If yes, provide details.)
b. Are theee any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person or entity, or its officers or general partners? (If
yes, provide details.)
c. Has the person or entity, within the last five (5) years, been a party to any
law suits, mediations or arbitrations with regard to a contract for services, goods
or construction services similar to those requested or proposed herein, with
private or public entities? (If yes, provide details.)
d. Has the person or entity ever initiated litigation against the County or been
sued by the County, or any other private or public entities in connection with a
contract to provide services, goods or services? (If yes, provide details.)
e. Whether, within the last five (5) years, the Owner, an officer, general
partner, controlling shareholder or major creditor of the person or entity was an
officer, general partner, controlling shareholder or major creditor of any other
entity that failed to perform services or furnish goods similar to those sought or
proposed in the request for bids;
f. Customer references (minimum of three); including the name, address, and
telephone number of each.
g. Credit References (minimum of three); including the name, address, and
telephone number of each.
h. Financial statements for the prior three years.
5.03 SELECTION CRITERIA.
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:
a. Purchase Price to County or rental income to County.
b. Completeness of the proposal and attachments.
C. Past record of performance with the County or other jurisdictions.
-35-
Competence and experience of Proposer.
e. Financial integrity of the Proposer.
Corporate structure - oversight of a Board of Directors over the operations
-36-
SECTION SIX - FORMS
=@Tzo eRY_l_>! ; 1+�1
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:
4
a
Request for Proposal PURCHASE OF HICKORY 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 proper (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)
(Total Base Proposal —numbers)
$ Dollars
(Down Payment —words to be paid upon approval of the award by the Board of County
Commissioners
-37-
(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
j
No. Dated
I have included the Proposal Form the Non -Collusion Affidavit 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:
Phone Number:
Date: Signed:
(Name)
(Title)
Witness:
-38-
(Seal)
NON -COLLUSION AFFIDAVIT
1, of the city
to law on my oath, and under penalty of perjury, depose and say that:
1. I am
according
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 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 hrst being sworn by me, (name of individual signing) affixed his/her signature in the space provided above
on this day of 20
My commission expires:
NOTARY PUBLIC
-39—
ETHICS CLAUSE
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
(Company)
i
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer
or employee in violation of Section 2 of Ordinance No. 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 former County
officer or employee"_
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
by
or has produced
identification)
My commission expires:
(Signature)
(date)
(name of affiant). He/She is personally known to me
as identification_ (Type of
NOTARY PUBLIC
-40-
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 abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1').
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of 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
.. 41 -
"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."
have read the above and state that neither (Respondent'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:
-42-
MONROE COUNTY, 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.
- 43 -
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.
- 44 -
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 _ per Person
300,000per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of 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.
- 4s -
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 Properly Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
-46-
ONROE 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
Waiving of insurance provisions .could expose the Counly 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.
- 47 -
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:
-49-
�� r; .�O .y.
r.
Worker's Compensation $ 100,000 Bodily Injury by Acc.
$ 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 $ 50,000 per Person
(Owned, non -owned and hired vehicles) $100,000 per Occurrence
$ 25,000 ,, Property Damage
$100.000_ Combined Single Limit
Professional Liability Insurance
Professional liability including errors $1,000,000 per Occurrence
and omissions
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.
-49-
REQUESTS FOR PROPOSALS
SALE/PURCHASE/LEASE OF THE "HICKORY HOUSE" PROPERTY
ADDENDUM NO. 3 REVISION of ADDENDDUM NO.2
WITH ADDITION OF MINUTES
July 14, 2009
The information contained in this Addendum modifies, supplements, or replaces
information contained in the RFP/Bid and is hereby made a part of the Contract
Documents.
The following items are clarifications, deletions, revisions, changes and modifications
that change the original Contract Documents only in the amount and to the extent
hereinafter specified and set forth in this ADDENDUM NO. 3 REVISION OF
ADDENDUM NO.2 WITH ADDITION OF MINUTES,
1. CHANGE OF RFP OPENING DATE:
Bidders / Proposers are advised that the opening date for the Requests for
Proposals Sale/Purchase/Lease of the "Hickory House" Property has been
changed. The new opening date shall be Wednesday, July 22, 2009.
All Responses must be received by the County Purchasing Office before 3:00
P.M. on July 22, 2009. Any Proposals received after this date and time will be
automatically rejected. Materials may be delivered by Certified Mail, Return
Receipt Requested, hand -delivered or couriered. Faxed or e-mailed Proposals will
be automatically rejected. Hand delivered Proposals may request a receipt. If sent
by mail or by courier, the above -mentioned envelope shall be enclosed in another
envelope addressed to the 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.
2. RESPONSES TO REQUEST FOR INFORMATION:
Bidders / Proposers are instructed to refer to the Comprehensive Plan, Land
Development Regulations, the Monroe County Building Code and the Monroe
County Property Tax Appraiser to verify for themselves the accuracy of the
information and answers provided. Monroe County is not responsible for any
misinterpretation of the responses, errors due to omission and scrivener error.
Item No. l: What are the height restrictions?
Response: Bidders/Proposers are instructed to please refer to the Comprehensive
Plan, Land Development Regulations, and Monroe County Building Code to verify
the accuracy of the following information.
No structure or building shall be developed that exceeds a maximum height of 35
feet. This will have to be verified. Height means the vertical distance between
average grade and the highest part of any structure, including mechanical
equipment, but excluding chimneys, spires and steeples on structures used for
institutional and public uses only, radio or television antenna, flagpoles, solar
apparatus, and utility poles.
Item No. 2: What is the maximum lot coverage?
Response: Bidders/Proposers are instructed to please refer to the Comprehensive
Plan, Land Development Regulations, and Monroe County Building Code to verify
the accuracy of the following information.
The zoning is thought to be MU. The required open space in an MU district is 20
percent. Open space means that portion of any parcel or area of land or water that
is required to be maintained such that the area within its boundaries is open and
unobstructed from the ground to the sky.
However, there are additional restrictions to the amount of floor area depending on
the type of use per the density and land use intensity regulations.
Item No. 3: What are the setbacks including setback, if any, from the water?
Response: Bidders/Proposers are instructed to please refer to the Comprehensive
Plan, Land Development Regulations, and Monroe County Building Code to verify
the accuracy of the following information.
The SHORELINE setback determination depends on an evaluation of the type of
shoreline by the biologist. An estimate is that there may be a 20-foot setback from
MHW line for principal setbacks for this site. This will have to be verified. Certain
accessory structures may be permitted in the shoreline setback area; however, it is
believed that a 40 percent open space standard is required within this area.
Item No. 4: What are the swell (sic) calculations for drainage?
Response: Bidders/Proposers are instructed to please refer to the Comprehensive
Plan, Land Development Regulations, and Monroe County Building Code to verify
the accuracy of the following information.
The swale calculation for drainage is literally a calculation based on various factors
and will relate to storm water retention and to imperviousness of the structures
located on a property. Therefore, the calculation will he dependant on the type of
structures to be built on the property.
Item No. 5: What is the maximum elevation per FEMA?
Response: Bidders/Proposers are instructed to please refer to the Comprehensive
Plan, Land Development Regulations, and Monroe County Building Code to verify
the accuracy of the following information.
The County is not aware of a "maximum elevation per FEMA". However, the
minimum flood elevation for this parcel is believed to be AE 9. This means that the
top finished floor must be a minimum of 9 feet above mean sea level.
Item No. 6: Does the County have a Bay Bottom lease from the State of Florida? if so,
how much (sic) linear square feet?
Response: No
Item No. 7: What is the present property tax assessed to the property?
Response: Bidders/Proposers are instructed to please refer to the Monroe County
Property Tax Appraiser to verify the accuracy of the following information.
According to the Monroe County Property Tax Appraiser no taxes were assessed in
2007 and 2008, this property was owned by the County during those years. In 2006
the tax was $4,161.98 and in 2005 the tax was $4,647.22.
3. Minutes of the Mandatory Pre -Bid Meeting
The minutes of the mandatory Pre -Bid Meeting held on June 30, 2009 at the project
site and the Sign -in Sheet listing all attendees are attached and made a part of this
Addendum No. Two.
All other items remain as called for in the documents.
End of Addendum No. 2