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Item D05BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 15 2008 Division: TDC Bulk Item: Yes X No _ Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval to advertise Request for Proposal for Long Distance Telephone Services for the Monroe County Tourist Development Council. ITEM BACKGROUND: TDC approved same at their meeting of September 23, 2008 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes X No COST TO COUNTY: SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management X DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # NOTICE OF REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on December 2, 2008 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: LONG DISTANCE TELEPHONE SERVICES MONROE COUNTY TOURIST DEVELOPMENT COUNCIL RFP-TDC--PUR/CV Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR http://www.co.monroecounty- fl.gov/pages/msd/bids.htm or call toll -free at 1-800-711-1712. The Public Record is available at the Purchasing Office located at the Gato Building, 1100 Simonton Street, Key West, FL 33040. All questions should be directed to the Administrative Office of the Tourist Development Council by phoning (305) 296-1552. Any addenda to this Request for Proposals (RFP) shall be distributed to vendors on the list of Demandstar distributees for this RFP. Respondents must submit two (2) signed originals and two (2) complete copies of the proposal (Total = 4) in a sealed envelope clearly marked on the outside, with the Proposer's name and "Sealed Proposal for Long Distance Telephone Services for Monroe County Tourist Development Council" addressed to: Monroe County Purchasing Office 1100 Simonton Street, Room 1-213 Key West, FL 33040 Phone: (305) 292-4466 Fax: (305) 292-4465 All proposals must be received by the County Purchasing Office before 3:00 P.M. on December 2 2008. 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 Statutes. 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. Long Distance Services Request For Proposal 2008 The recommendation, including a contract, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise in the best interest of the County. The Board reserves the right to reject any and all proposals, to waive informalities in any or all proposals, to re -advertise for proposals; and to separately accept or reject any item or items and to award and/or negotiate a contract in the best interest of the County. Dated at Key West this day of October, 2008. Long Distance Services 2 Request For Proposal 2008 MONROE COUNTY TOURIST DEVELOPMENT COUNCIL REQUEST FOR PROPOSAL FOR LONG DISTANCE TELEPHONE SERVICES Long Distance Services Request For Proposal 2008 TABLE OF CONTENTS Page Section One: Instructions to Respondents 5 Section Two: General Terms and Conditions 12 Section Three: Scope of Services 14 Section Four: Compensation 16 Section Five: Insurance Requirements 18 Section Six: Response/Proposal Forms 20 Long Distance Services 4 Request For Proposal 2008 SECTION ONE INSTRUCTION TO RESPONDENTS DESCRIPTION The Respondent awarded a Contract shall provide Long Distance Telephone Services for the Monroe County Tourist Development Council (TDC). The agency selected shall provide services as outlined within Specifications in section Three of this Request for Proposal (RFP). COPIES OF PROPOSAL DOCUMENTS A. Only complete sets of Proposal Documents will be issued and shall be used in preparing responses. The COUNTY does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Proposal Documents may be obtained in the manner and at the location stated in the Notice of Request for Proposals. PROPOSAL REQUIREMENTS Two (2) original responses, marked "Original" and two (2) copies marked "Copy" [Total = 4] of the Proposal must be received. DISQUALIFICATION OF RESPONDENTS A. 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 Respondents, the Proposal of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future Proposals for the same work. B. 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 Proposal on a Contract to provide any goods or services to a public entity, may not submit a Proposal on a Contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. C. DRUG -FREE WORKPLACE FORM: Any person submitting a Proposal in response to this invitation must execute the enclosed DRUG -FREE Long Distance Services 5 Request For Proposal 2008 WORKPLACE FORM and submit it with his Proposal. Failure to complete this form in every detail and submit it with your Proposal may result in immediate disqualification of your Proposal. D. PROPOSALS RECEIVED AFTER DEADLINE: Any Proposal submitted after the RFP deadline of December 2, 2008 at 3:00 p.m. will automatically be disqualified. EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other Contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the Contract. Ignorance on the part of the Respondent will in no way relieve him of the obligations and responsibilities assumed under the Contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the COUNTY. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the Contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All answers, changes or interpretation will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective Respondents prior to the established Proposal opening date. Each Respondent shall acknowledge receipt of such addenda in the space provided in the response form attached to the Proposal document. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the Proposal documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. Written portions of all Proposals become the property of the Monroe County TDC upon receipt and will not be returned to Respondent. The Monroe County TDC shall have the right to use all ideas or adaptations of the ideas contained in any Proposal received in response to this RFP. Selection or rejection of the Proposal will not affect this right. All Proposals received will be reviewed by the Monroe County TDC Administrative Staff. The recommendation of the TDC Marketing Director will be presented to the TDC Board at a re_gularly scheduled meetin_g. Long Distance Services 6 Request For Proposal 2008 GOVERNING LAWS AND REGULATIONS The Respondent 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. PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the FIRM name and the words "Member of the FIRM" should be written beneath such signature. If the Respondent 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 Respondent shall state in the response the name and address of each person interested therein. SUBMISSION OF RESPONSES A. Two (2) signed originals and two (2) copies of each response shall be submitted. No waivers shall be allowed for responses that have not been submitted to the COUNTY Purchasing Department by 3:00 p.m. on the deadline date. B. The response shall be submitted in a sealed envelope, which shall be marked Sealed Proposal for Long Distance Telephone Services for Monroe County Tourist Development Council and the name of the Respondent. If forwarded by mail or courier, the above -mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals, and preferably by certified mail, receipt requested; if forwarded otherwise than by mail, it shall be delivered to the same address. Responses will be received until the date and hour stated in the Notice of Request for Proposals. C. Each Respondent shall submit with its Proposal the required evidence of their qualifications and experience. D. Upon selection by the TDC, negotiations will proceed with the first selected applicant. If no contract can be agreed upon, County and TDC may negotiate with the second or the third selected firm. CONTENT OF SUBMISSION The bid submitted in response to this RFP shall be printed on 8-1/2" x 11" white paper; shall be clear and concise and provide the information requested herein. The proposal shall be bound and tabbed. Statements submitted without the required information will not be considered. Proposals shall be organized as indicated below. The bidder should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration. Each Respondent must submit adequate documentation to certify the Long Distance Services 7 Request For Proposal 2008 Respondent's compliance with the County's requirements. Respondent should focus specifically on the information requested. We advise that prior to completing the Proposal, the Respondent should review the Specifications and Specific Conditions referred to in Section III of this RFP to ensure the capability to handle the Scope of Services required by the Monroe County TDC. The Proposal should be set up as follows: A. Cover Page A cover page that states "PROPOSAL FOR LONG DISTANCE TELEPHONE SERVICES FOR MONROE COUNTY TOURIST DEVELOPMENT COUNCIL" The cover page should contain name, address, telephone number of Respondent that is authorized to do business in the State of Florida, and the name of the Respondent's contact individual or corporate officer authorized to execute Contracts. B. Tabbed Sections Tab 1. Qualifications The Respondent should provide: a) Copy of licenses necessary to provide services b) List previous experience in providing same or similar services required by this RFP c) Document that respondent has resources to perform the required services, including personnel and equipment d) Documents specifying any individuals who are proposed as key staff to perform significant productive time in implementing and overseeing the services required under this contract (Remainder of this page intentionally left blank) Long Distance Services 8 Request For Proposal 2008 Tab 2. Compensation 1. Respondent shall refer to and complete form "Compensation" provided in Section Four of this RFP and insert it as Tab 2. Tab 3. Pending Litigation Answer to the following questions regarding claims and suits: a. Has the Respondent ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the bidder, or its officers or general partners? (If yes, provide details.) C. Has the Respondent, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods, or construction services similar to those requested in the RFP? (If yes, the Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein.) d. Has the bidder ever initiated litigation against the County or been sued by the County in connection with a contract to provide services, goods, or construction services? (If yes, provide details.) Tab 4. COUNTY Proposal forms Respondent shall complete and execute the Proposal forms specified below and found at the designated pages in this RFP, and shall include them in the section tabbed 4: Pages Response Form 21 Non -Collusion Affidavit 22 Ethics Clause 23 Drug Free Workplace Form 24 Copies of all professional and occupational licenses shall be included in this section. Tab 5. Other Information Provide any additional information that will present evaluators with insight about the qualifications, fitness and abilities of Respondent. Long Distance Services 9 Request For Proposal 2008 MODIFICATION OF RESPONSES Written Modification will be accepted from Respondent only if addressed to the entity and address indicated in the notice of calling for Proposals and received prior to Proposal due date and time, and marked "Modification to TDC Long Distance Telephone Services RFP". RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a Contract award is made by the COUNTY. RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened and entities names read aloud at the appointed time and place stated in the Notice of Request for Proposals. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondent or their authorized agents are invited to be present. DETERMINATION OF SUCCESSFUL RESPONDENT The COUNTY reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the COUNTY. Responses that 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 Respondents, and the Contract documents, may be rejected at the option of the COUNTY. AWARD OF CONTRACT If the award of a Contract is annulled, the COUNTY may award the Contract to another Respondent or the work may be re -advertised or may be performed by other qualified personnel as the COUNTY decides. A Contract will be awarded to the Respondent deemed to provide the services that are in the best interest of the COUNTY. The COUNTY also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete Contracts of a similar nature on time. The recommendations of the TDC, will be presented to the Board of County Commissioners of Monroe County, Florida, for final approval of Contract. Long Distance Services 10 Request For Proposal 2008 EXECUTION OF CONTRACT The Respondent to whom a Contract is awarded will be required to return to the COUNTY five (5) executed counterparts of the prescribed Contract together with the required certificates of insurance. INSURANCE The Respondent shall defend, indemnify and hold harmless the COUNTY as outlined on the attached form on page 19. Other insurance specific to contract services may be required. Long Distance Services 1 1 Request For Proposal 2008 SECTION TWO GENERAL TERMS AND CONDITIONS DEFINITIONS Wherever used in these General Conditions or in the other Contract documents, the terms below have the meanings indicated which are applicable to both the singular and plural thereof. The use of the terms "he," "him," "himself," or "his" shall refer to male and female persons alike and should not be construed as derogatory or discriminatory to female persons. RFP — Request for Proposal. Addenda - Written or graphic instruments issued prior to the opening of proposals which clarify, correct, or change the Proposal documents or the Contract documents. Proposal Documents - The advertisement or invitation calling for Proposals, instructions, and forms contained in this Request for Proposals (Response Form, Non -Collusion Affidavit, Lobbying and Conflict of Interest Clause, Drug Free Workplace) and the proposed Contract documents (including all addenda issued prior to receipt of responses). Contract Documents - The proposal documents, agreement, addenda (which pertain to the Contract documents), the Respondent's proposal or response (including documentation accompanying the response and any post -response documentation submitted prior to the notice of award) when attached as an exhibit to the Contract, these General Conditions, together with all amendments, Modifications, and supplements. Compensation - Compensation will be discussed and finalized during Contract negotiations. Contract Time - The Contract shall be in force and binding on the COUNTY and the FIRM for a period of three (3) years with an option extend for additional two (2) year period from the effective date of the Contract. TDC — Abbreviation for the Monroe County Tourist Development Council. FIRM — Entity with whom the COUNTY enters into a Contract. Contractor - The person, FIRM, or corporation with whom the COUNTY has entered into the Contract. (Sometimes also referred to as "provider"). Effective Date of the Contract - The date indicated in the Contract on which it becomes effective, but if no such date is indicated it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver. Laws and Regulations; Laws or Regulations — Federal, State and local laws, rules, regulations, ordinances, codes and/or orders. Long Distance Services 12 Request For Proposal 2008 Notice of Award - The written notice to the apparent successful Respondent stating that upon compliance by the apparent successful Respondent with the conditions precedent enumerated therein, within the time specified, the COUNTY will sign and deliver the Contract. COUNTY - The Monroe County Board of Commissioners with whom the FIRM has entered into the Contract and for whom the work is to be provided. Specifications - Those portions of the Contract documents consisting of written technical descriptions of materials and services required under the Contract. Written Amendment - A written amendment of the Contract documents, signed by the COUNTY and the FIRM on or after the effective date of the Contract. Failure to Execute Required Forms — Failure to execute the required forms shall result in entity being disqualified and the response will be rejected. RESPONDENT'S RESPONSIBILITIES Supervision and Personnel The Respondent shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract documents. Parts, Materials, and Equipment Unless otherwise specified in the Contract, the Respondent shall furnish and assume full responsibility for all services, materials, equipment, labor, transportation, machinery, tools, and all other incidentals necessary for the completion of the work. Taxes The Respondent shall pay all sales, consumer, use and other similar taxes required to be paid by the Respondent in accordance with the laws and regulations of the place of the project which are applicable during the performance of the work. Compliance with Laws The Respondent shall comply with all applicable laws and regulations of Federal, State and local governments. Long Distance Services 13 Request For Proposal 2008 SECTION THREE SCOPE OF SERVICES LONG DISTANCE TELEPHONE SERVICES The successful bidder will provide Monroe County Tourist Development Council with long distance services for the Chambers of Commerce and TDC Administrative Office, as more particularly described herein under Scope of Services. Any contract awarded under this RFP process shall provide for the contract term to commence after the award date and proper execution of contract documents and insurance. Upon receipt of all contracts, insurance certificates and required executed forms, the date of approval by the County shall determine the starting date for the contract and, thus, the ending date. 1. LONG DISTANCE AND SPECIAL FEATURES The Monroe County Tourist Development Council through its advertising campaign encourages prospective visitors to the Florida Keys and Key West to call via six (6) 800 numbers for information and/or a fulfillment package. Provider must have the ability to provide a menu system allowing the caller to specify a specific Chamber of Commerce. Visitors calling in on the main 800 (800-FLA-KEYS) number and who do not specify a Chamber of Commerce, are directed through a routing feature to one of the various Chambers of Commerce by percentage of calls received (example: 52% of the time non -specified calls shall be routed to the Key West Chamber of Commerce; Big Pine 6%; Marathon 15%; Islamorada 13% and Key Largo 14%). Provider must have the capability of adjusting this feature when required. Required adjustments may include an annual change in percent allocations. The remaining five (5) 800 numbers go directly to the specific Chamber of Commerce. Provider must also have the capability of providing an announcement feature and re-routing of all calls within 12 hours of a request to another source specified by the Monroe County Tourist Development Council in the event calls cannot be received by one or more of the Chambers of Commerce (hurricane, other natural disaster, breakdown of communications within the Florida Keys, etc.). Due to the main 800 (800-FLA-KEYS) number, its routing feature, and the other five (5) specific Chamber of Commerce 800 numbers all must have the capability to re-route in the event of emergency (hurricane, other natural disaster, breakdown of communications within the Florida Keys, etc). When Chamber(s) resumes full business function, provider must have the capability to return call routing to normal service within 12 hours of a request by Monroe County Tourist Development Council. Optional additional long distance service features: Provider will deliver coincident with billing a disc containing a database of phone calls received by the six (6) 800 numbers. Data fields may include: phone number and geographic area of origin of the incoming calls; 800 number dialed by caller; and date of call. Alternatively, provider may set up online access to data records and provide Monroe County Tourist Development Council with capability to create ad hoc reports of their phone records. Provider will deliver coincident with billing a custom report of the number of calls within the billing period routed to each of the five (5) Chamber of Commerce 800 numbers from the main Long Distance Services 14 Request For Proposal 2008 800 number (800-FLA-KEYS). Report shall differentiate calls routed via caller specific selection from calls routed automatically via percentage allocations when no Chamber of Commerce was specified by the caller. Alternatively, provider may include data fields in the database described in above paragraph that would allow Monroe County Tourist Development Council to create its own report. Long Distance Services 15 Request For Proposal 2008 SECTION FOUR COMPENSATION Long Distance Services 16 Request For Proposal 2008 Compensation 1. Respondent shall supply long distance telephone service to the five (5) Monroe County Chambers of Commerce located in Key Largo, Islamorada, Marathon, Big Pine and Key West and to the office of the Tourist Development Council located at 1201 White Street, Suite 102, Key West, FL 33040-3328. 2. Respondent shall supply the special service features that would include basic routing, redirection, announcements and other control features applicable. 3. Respondents shall provide emergency re-routing services in the event that calls can not be received by one or more Chamber 4. Respondent shall furnish all labor, materials, supervision and equipment to accomplish the Scope of Services. 5 Respondent shall charge the amount of $ per minute for Domestic (Canada included) long distance usage. 6. Respondent shall charge per month for each of the following features: 7. Enhanced announcement features Cost 8. Basic routing features (call routing, time manager, emergency routing) 9. Call redirection features 10. Other optional control Features 11 List Database of phone calls on disc or online data access for ad hoc reporting (identify geographic source of call: country, state and city call is coming from) 12. Call routing custom report Date: Bidder's Signature Long Distance Services 17 Request For Proposal 2008 SECTION FIVE INSURANCE REQUIREMENTS Long Distance Services 18 Request For Proposal 2008 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 the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the COUNTY from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Contract. Long Distance Services 19 Request For Proposal 2008 SECTION SIX RESPONSE/PROPOSAL FORMS Long Distance Services 20 Request For Proposal 2008 RESPONSE FORM RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) have included: the Proposal the Non -Collusion Affidavit Ethics Clause Drug Free Workplace Form In addition, I have included a current copy of the following professional and occupational licenses: (Check mark items above, as a reminder that they are included.) Mailing Address: Signed: (Name) (Title) Witness: Telephone: Fax: Date: (Seal) Long Distance Services 21 Request For Proposal 2008 NON -COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1. I am of the FIRM of the Respondent 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 Proposal 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 Respondent or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this Respondent have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to Proposal opening, directly or indirectly, to any other Respondent or to any competitor; and 4. No attempt has been made or will be made by the Respondent to induce any other person, partnership or corporation to submit, or not to submit, a Proposal for the purpose of restricting competition; 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding Contracts for said project. (Signature of Respondent) STATE OF: COUNTY OF: (Date) PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of NOTARY PUBLIC My Commission Expires: 20 Long Distance Services 22 Request For Proposal 2008 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former COUNTY officer or employee. (Signature) (Date) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of ,20 NOTARY PUBLIC My Commission Expires: Long Distance Services 23 Request For Proposal 2008 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 Proposal 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 Proposal, 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. Respondent's Signature Date Long Distance Services 24 Request For Proposal 2008