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Item O4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Dec. 20. 2006 Bulk Item: Y es ~ No Division: County Administrator Department: Staff Contact Person/Phone #: Tom Willi AGENDA ITEM WORDING: Approval of issuance ofRFP for a private operator to provide ferry service to maintain traffic between Marathon and Pigeon Key until such time as the Old Seven-Mile Bridge span from Marathon to Pigeon Key is rehabilitated and re-opened. ITEM BACKGROUND: The easternmost portion of historic Seven-Mile Bridge, approximately 2~ miles in length, is the primary means of access between the City of Marathon and Pigeon Key, an unincorporated area of Monroe County, Florida. The physical condition of Seven-Mile Bridge has deteriorated to the point that there are serious safety concerns associated with it remaining open. The Florida Department of Transportation anticipates its closure by the end of 2006. Rehabilitation of the bridge structure is not expected to begin any sooner that 2009. Pigeon Key is presently occupied by the Pigeon Key Foundation, a non-profit organization devoted to marine education and historic interpretation of the Key's heritage. The Foundation considers it vital to conduct its educational and interpretation programs on the Key in the context of its historic buildings and environment. It also considers vital to continue other fund raising activities (tourism, festivals, weddings, proms) that provide resources for the operation, maintenance, preservation and restoration of the Key's historic collection of structures and other facilities. DOT has provided a Scope of Services for County to use in soliciting a provider of ferry services. See attached. PREVIOUS RELEVANT BOCC ACTION: Lease of Pigeon Key to Foundation. Approval oflease 7/29/1993 and ofarevised lease 10/19/1993. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 11106 Monroe County Board of County Commissioners Office of the Count)' Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West, FL 33040 (305) 292-4441 - Phone (305) 292-4544 - FaK (--...--.-- BOARD OF COUNTY COMMISSIONERS Mayor Charles 'Sonny" McCoy, District 3 Mayor Pro Tern DiKie M. Spehar, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Glenn Patton, District S O~~rY~o~~~E {3QS) 294-4641 MEMORANDUM TO: County Commissioners, County Attorney and Clerk of Courts FROM: Connie Cyr, Aide to County Administrator DATE: D~cember ]9,2006 SUBJECT: Agenda Item 0 - 4 The attached Scope of Services will be incorporated into the County's customary RFP format and maybe modified to proviide for proposer's to add alternative components Scope of Services FOR A PRIVATE OPERA TOR TO PROVIDE TEMPORARY FERRY SERVICE TO MAINTAIN TRAFFIC BETWEEN THE CITY OF MARATHON AND PIGEON KEy IN MONROE COUNTY, FLORIDA I. INTRODUCTION The easternmost portion of historic Seven-Mile Bridge, approximately 2~ miles in length, is the primary means of access between the City of Marathon and Pigeon Key, an unincorporated area of Monroe County, Florida. The physical condition of Seven-Mile Bridge has deteriorated to the point that there are serious safety concerns associated with itl'emaining open. The Florida Department of Transportation (hereinafter referred to as "the Department") anticipates its closure by the end of 2006. Rehabilitation of the bridge structure is not expected to begin any sooner that 2009. Pigeon Key is presently occupied by the Pigeon Key Foundation (hereinafter referred to as "the Foundation"). The Foundation is a non-profit organization devoted to marine education and historic interpretation of the Key's heritage. The Foundation considers it vit:al to conduct its educational and interpretation programs on the Key in the context of its historic buildings and environment. It also considers vital to continue other fund raising activities (tourism, festivals, weddings, proms) that provide resources for the opc:ration. maintenance, preservation and restoration of the Key's historic collection of stmctures and other facilities. [INSERT DESCRIPTION OF BRIDGE PROJECT (TO BE PROVIDED BY FOOT] Thc:refore, the [INSERT NAME OF RESPONSffiLE AGENCY] (hereinafter referred to as "the Agency") is soliciting a qualified private operator with experience in the waterborne transport of passengers and goods (hereinafter referred to as "the Contractor") to provide for temporary ferry services to maintain traffic between the City of Marathon andl Pigeon Key to permit the Pigeon Key Foundation to continue its educational and historic functions without unreasonable interruption until the Seven-Mile Bridge connection is restored. II. IMPORTANT DATES AND CONTACTS This Request for Proposals (Scope of Services) will be available between [RELEASE DATE] and [DUE DATE]. Six (6) signed original copies of proposals the proposal, identified by "Pigeon Key Ferry Service" on the envelope. must be submitted by [DUE TIME AND DATE] to: [DELIVERY ADDRESS) CONFIDENTIAL 1 Draft Version3.l All inquires with respect to this procurement shall be directly solely to the Agency's contact person: [CONTACT NAME, TELEPHONE, FAX & E-MAIL ADDRESS] An informational meeting will be held at [MEETING TIME AND DATE] at FDOT Marathon Operations Center, 3100 Overseas Highway, Marathon, Florida 33050. Attendance by respondents is mandatory. All individuals planning to attend the imormational meeting should notify the Agency's contact person identified above no later than 4 PM on [DATE PRIOR TO INFORMATIONAL MEETING]. A !iUmmary of key dates associated with this procurement are as follows: [RELEASE DA TE]............................Release of Request for Proposals [MEETING DATE] ...........................Informational Meeting [DUE DATE) .....................................Proposals Due [AWARD DATE] ..............................Notice of Award [NTP DATE]......................................Notice to Proceed [One week prior to ROD] ..................Start of Trial Operations (TOD) [REVENUE OPERATIONS DATE].Start of Revenue Operations (ROD) III. SERVICE TlMEFRAME The: required start date for revenue service under this agreement is [ROD). Service provided under this agreement shall be for an initial period extending to June 30, 2007, and. thenceforth renewing for up to eight (8) six-month periods at the Agency's sole option. At the end of the initial period and each subsequent renewal period, and upon 30 days notice to the Contractor, the Agency may terminate this service without penalty. IV. SERVICE REQUIREMENTS A, Ferry Service Requirements The successful respondent shall enter into an agreement with the Agency to provide ferry service as well as manage and maintain lands ide facilities necessary to operate the service. The service shall consist of two components, passenger transport and goods transport, as described in the Sections IV.A.! and IV.A.2. The Contractor shall be responsible for providing all staffing, vessels, and associated equipment and services necc:ssary to operate the service. I. Passenger Transport The Contractor shall provide for the safe, reliable and comfortable transport of passengers between existing mooring facilities in the City of Marathon and on Pigeon CONFIDENTIAL 2 Draft Version 3.1 Key consistent with the functional requirements described within this section. Base service will be provided daily between the hours of lOAM and 4 PM at headways no greater than 90 minutes supplying a functional capacity of 45 passengers per hour (or 60 passengers per 90 minute interval) in both directions (plus two additional round trips operated within 90 minutes before and after the hours of lOAM and 4 PM for staff access, as noted below). Other passenger service will be provided in accordance with the functional requirements of this section. Prospective Contractors are encouraged to propose a base service, supplemented by a minimal number of on- demand trips, that would consolidate ferry trips in a cost-effective manner and shall not, in the sole opinion of the Agency, unreasonably disrupt Foundation operations. a. Educational Groups The Foundation provides educational programs year-round for on a prearranged basis. There are typically 85 educational groups per year, ranging in size from 15 to 70 persons per group. Access to Pigeon Key for educational groups is presently provided by two vans operated as needed and a tram-service operated on a fixed schedule by Foundation staff. At present, many groups are school groups that arrive and depart during the school day, while others may arrive and depart outside of school hours (including weekends) and may stay overnight on Pigeon Key. Every effort should be made to accommodate these trips within the base service in a manner that shall not, in the sole opinion of the Agency, unreasonably disrupt Foundation operations. b. Historic Tours The Foundation provides historic tours for the general public every day of the year. There are on average 16 persons daily on historic tours with a recorded high of 50 persons on one-day. Access to Pigeon Key for historic tours is presently provided by a tram-service operated by Foundation staff on an hourly fixed schedule between 10 AM and 4 PM daily or by foot across the Seven-Mile Bridge. Persons on the historic tours presently may return to Marathon on any scheduled tram trip or by foot at any time. While maintenance of an hourly schedule for historic tours is desirable, the time between tours can be temporarily expanded to 90 minutes if necessary without unreasonably disrupting Foundation operations. c. Ans Festival The Foundation hosts an annual three-day Arts Festival. The volume of persons Itraveling to Pigeon Key for historic tours and other functions typically increases during the Festival up to 2,000 daily trips. Past access to Pigeon Key has been provided by foot across Seven-Mile Bridge and by a motor launch operating between Marathon and Pigeon Key on 90 minute headways. Scheduled ferry service shall be provided during the Arts Festival with sufficient capacity such that no waiting individual queued for 30 minutes prior to a scheduled trip will be denied boarding. CONFIDENTIAL 3 Draft Version 3.1 Methods for regulating traffic and managing crowd control during the Arts Festival, such as timed boarding passes, shall be addressed specifically in the Contractor's operating plan. d. Contracted Functions The Foundation contracts for weddings, proms, retreats and other group use of Pigeon Key facilities on a prearranged basis throughout the year. Retreat groups typically involve 15 to 70 persons. Wedding and proms typically involve 50 to 200 persons. Retreat groups stay overnight on Pigeon Key. At present, access to Pigeon Key for contracted functions is presently provided by two vans operated as needed and a tram- service operated on a fixed schedule by Foundation staff. Every effort should be made to accommodate these trips within the base service in a manner that shall not, in the sole opinion of the Agency, unreasonably disrupt Foundation operations. e. Guest House Use The Foundation provides overnight use of the Guest House on Pigeon Key on a prearranged basis throughout the year. The Guest House is typically occupied 250 nights a year by groups up to eight persons. At present, access to Pigeon Key for Guest House use is presently provided by a van operated as needed or a tram-service operated on a fixed schedule by Foundation staff. Every effort should be made to accommodate these trips within the base service in a manner that shall not, in the sole opinion of the Agency, unreasonably disrupt Foundation operations. f. Staff Access Foundation staff presently arrives and departs Pigeon Key on irregular schedules. Up to five staff members remain in residence on Pigeon Key. Staff access will be accommodated within the base service in a manner that shall not, in the sole opinion of the Agency, unreasonably disrupt Foundation operations. g. Emergency Access On-demand, emergency access for the evacuation of up to six persons from Pigeon Key to Marathon is required whenever persons are occupying Pigeon Key within 15 minutes or less of identified need. Prospective contractors shall specifically address solutions to satisfy this special service requirement in the Contractor's operating pan that are creative. practical and cost-effective. Use of Pigeon Key staff in residence for the provision of this service may be considered as long as the Contractor's operating plan makes provisions for their training and oversight in accordance with Section IV.A.1. 2. Goods Transport CONFIDENTIAL 4 Draft Version 3.1 The Contractor shall provide for the safe, reliable and environmentally secure transport of goods between existing mooring facilities in the City of Marathon and Pigeon Key consistent with the functional requirements described within this section. The Contractor is required to provide for safe, efficient and environmentally secure loading and off-loading of goods at either end of a trip. Prospective Contractors are encouraged to provide for goods movements using the scheduled base service, supplemented by a minimal number of additional trips that would consolidate ferry trips in a cost-effective manner that shall not, in the sole opinion of the Agency, unreasonably disrupt Foundation operations. a. Consumables Foundation operations require regular delivery of diesel and propane fuel, food, and other consumables to Pigeon Key and the removal of trash, garbage and other rubbish to Marathon on a regular basis. Diesel fuel is presently conveyed to Pigeon Key in 250-gallon increments by pick-up truck as often as three days per week when groups are in residence and no less than twice weekly. Propane is deliveries are presently weekly in tanks off-loaded from a pick up truck. The volume of food delivery varies in proportion to the number of persons/groups occupying Pigeon Key and deliveries are typically required every other day. The volume of trash, garbage and other rubbish likewise varies in proportion to the number of persons/groups occupying Pigeon Key and may be required by demand to be removed as often as daily but no less than weekly. Fuel, trash, garbage and rubbish may not be transported on the same ferry trip as passengers. If a prospective contract intends to transport fuel, trash, garbage and rubbish on the same vessel used for passengers when passengers are not present, proposed methods for effective vermin control and cleaning prior to reuse of the vessel by passengers shall be specifically addressed in the Contractor's operating plan. b. Other Material The Foundation requires delivery of other materials as needed to support operational, maintenance and facility restoration activities. Special delivery requirements associated with the Arts Festival and contracted functions described in Section IV .A.I also require delivery of tents, tables, chairs and other similar material and catering supplies on the prior to events and the removal of the same the day after the event. These requirements will be identified to the Contractor by the Foundation no less than two weeks prior to the event. Requests by the Foundation for the transport of other CONFIDENTIAL 5 Draft Version 3.1 material shall be accommodated by the Contractor in a manner that shall not, in the sole opinion of the Agency, unreasonably disrupt Foundation operations. c. Special Equipment An 80 kW electric generator on a trailer must be evacuated from Pigeon Key in the event of a hurricane warning and subsequently returned. The Contractor shall accommodate this need. B. Vessel Requirements Vessels to be used by the Contractor shall be compatible with the existing docking facilities in Marathon and on Pigeon Key. If the Contractor chooses to suggest modifications to any landing facilities, those modifications should be explained in detail in the proposal and all associated costs should be included in the cost proposal. Any vessel to be used in passenger and/or goods transport must carry a valid Guard Certificate of Inspection from the United States Coast Guard and comply with all safety and accessibility laws, regulations, and requirements pertaining to the transport of passengers and goods, as applicable to the intended use of each vessel in the Contractor's op€:rating plan. Vessels must be equipped to safely and efficiently operate year round in the navigational and weather environment of the Florida Keys, including, but not limited to, dense fog, high wind, squalls, heavy rain, sea state and heavy vessel traffic conditions. The: contractor must, at all times, utilize vessels that offer clean, neatly furnished and heated inside accommodations with clean restroom facilities, good lighting, waste rec,~ptacles, and an audible public address system. C. Docking and Operations Requirements The: Agency will provide for access and use to existing landing facilities in Marathon and on Pigeon Key to be used by the Contractor. If additional landing facilities or modifications to existing landing facilities are deemed necessary by the Contractor to operate the services, they shall be provided by the Contractor and should be included in its proposal. All associated costs should be included in the Contractor's cost proposal. All modifications to landing facilities will be subject to approval by the Agency. The Contractor's ferry operation is subject to all regular operating permits and license requirements of the United States Department of Transportation and Coast Guard, as well as the Department, including any associated fees. The Contractor shall be required to prepare and follow an operational plan approved by the Agency. The vessels and associated equipment to be used in this service, as well as the operational plan, shall be subject to approval by the Agency. At a minimum, this plan shall address docking, vessel operations, passenger and/or goods boarding and discharge plan, emergency procedures, CONFIDENTIAL 6 Draft Version 3.1 and a projection for the length of the contract of the Contractor's capability to maintain the, vessels and crew in a satisfactory passenger transportation operational condition. The Contractor shall maintain zero-tolerance policy for drug and alcohol abuse for all employees directly involved in the provision of services under this agreement. The Contractor will provide for a program of random drug and alcohol testing for the duration of this agreement consistent with the requirements of the Federal Transit Administration. I. Performance Measures The Contractor's operating plan shall define a combination of proposed scheduled and unscheduled trips anticipated to be operated in a typical week for the maintenance of traffic. Trips transporting passenger may be considered a minor violation of on-time performance if it either: a) arrives at or departs from Pigeon Key more than 5 minutes late but less than 10 minutes late; or b) arrives at or departs from Marathon more than 5 minutes but not less than 10 minutes late. All other trips may be considered a minor violation of on-time performance if it either: a) arrives at or departs from Pigeon Key more than 15 minutes late but less than 30 minutes late; or b) arrives at or departs from Marathon more than 15 minutes but not less than 30 minutes late.. Each trip may be considered a major violation of on-time performance its arrival or departure is.in excess of these times up to one hour. Each trip lilTiving at its destination more than one hour late may be considered a single incident of a missed trip. The Contractor shall provide for the payment of liquidated damages for each instance of a violation of on-time performance or a missed trip identified by the Agency in accordance with the following schedule: . $ 1,000 per missed trip . $ 250 per instance of major lateness . $ 50 per instance of minor lateness · $ 250 per day per vessel for a violation of the passenger service standards. Violations include, but are not limited to, untidy vessels, inadequate safety appliances, an uncomfortable passenger environment, and inaudible or improperly used public address system, or discourteous crew behavior. The Contractor shall not be liable for liquidated damages for either late or missed trips in instances caused by factors strictly beyond the control of the Contractor, such as docking facility failure, schedule modifications approved by the Agency, heavy fog, requirements of the Vessel Traffic Service and Coast Guard, law enforcement actions, medical emergencies and rescue operations. In any event, CONFIDENTIAL 7 Draft Version 3.1 every effort should be made to maintain safe on-time performance. However, in no circumstances shall the failure of lack of availability of the Contractor's equipment or crews, or any other such circumstances within the Contractor's control, be an acceptable excuse for late or missed trips. 2. Reporting Requirements The Contractor shall provide detailed daily and monthly reports with accurate information on the ridership. departure time. and arrival time for each trip. These reports shall identify any late or missed trips. Reports shall be submitted by fax and email in a format acceptable to the Agency. Daily reports are due by noon the following day. and monthly reports are due by the Slh day of the following month. 3. Substance Abuse The Contractor shall maintain zero-tolerance policy for drug and alcohol abuse for all employees directly involved in the provision of services under this agreement. The Contractor will provide for a program of random drug and alcohol testing for the duration of this agreement consistent with the requirements of the Federal Transit Administration. D. Insurance and Indemnification Requirements [A STATEMENT IS NEEDED HERE FROM FOOT LEGAL COUNSEL SPECIFYING THAT (1) THE CONTRACTOR IS RESPONSffiLE FOR MEETING AIL INSURANCE REQUIREMENTS AND (2) THE CONTRACTOR WILL INDEMNIFY THE AGENCY, THE DEPARTMENT AND THE STATE OF FLORIDA AGAINST ANY INCIDENTS OR SUITS ARISING FROM THE PROVISION OF THESE SERVICES] V. PROPOSAL REQUIREMENTS Five (5) copies of the proposal identified by "Pigeon Key Ferry Service" on the envelope must be submitted to AGENCY and received by [DUE DATE AND TIME]. Proposals must be delivered 1tO: [CONTACT ADDRESS] All respondents must submit the following items. Failure to submit any of these items will result in a finding that the submission is non-responsive, and the submission will be rejected. A. Description of Services to Be Provided CONFIDENTIAL 8 Draft Version 3.1 Proposal shall include a description of all services to be provided, in accordance with the service requirements detailed in Section IV of this Scope of Services. In order to be deemed responsive, proposals must include a Contractor's operating plan documenting ability to to safely and reliably operate the required services and containing the following: . Vessels: Description of vessel types. seating capacity, number of vessels, vessel speeds, description of passenger amenities on vessels, and vessel specifications demonstrating a capacity to dock at existing landing facilities at Pigeon and Marathon. If any modifications to landing facilities would be required, they should be explained in detail. Any modifications would be subject to the Agency's approval and would be the responsibility of the Contractor. All costs shall be included in this proposal. Explanation of whether required vessels are currently in the Contractor's possession, their current use, or how they will be acquired. Commitment that all vessels meet all United States Coast Guard and other permitting requirements. . Service Schedules: Provide schedules for ferry services, demonstrating a commitment to meet service requirements stated in Section IV. Shuttle schedules and headways are open to some flexibility if Contractor thinks an adequate level of service can be maintained using fewer vehicles. . Stamm! Commitment: Provide number of staff to be committed to providing each service. staff hours, level of experience, and assignments of each staff member. . Service Disruotion Contingency Plan: Explanation of how service will be provided in the event of service disruptions, equipment failures, or breakdowns. . Reoair and Maintenance Plans: Description of preventative maintenance plan and warranty-related repair practices. · Passenl!er Service Plan: Description of capabilities to handle customer relations and complaints, marketing of services, and printing notices announcing service and schedule changes for public distribution. B. Past Experience and Other Resources Proposal must detail the operator's past experience operating similar marine passenger and goods transportation services, including descriptions of other services currently being provided, past experiences providing similar services, and ridership numbers on all similar services cited. In order to be deemed response, the proposal shall demonstrate that the proposer has sufficient financial resources, professional responsibility and experience to safely and relillbly operate the required services, including any documentation or information evidencing the strengths of the proposer's team in the start-up and provision of common- CONFIDENTIAL 9 Draft Version 3.1 carrier passenger services. Experience managing lands ide facilities and scheduled opc:rations, such as management of administrative services, record keeping and public relations, shall also be demonstrated. C. Timeframe for Implementing Services Proposal shall provide a detailed schedule for implementing all services by [ROD], including acquisition of all vessels, equipment, personnel and training as required. It is anticipated that the Contractor will operate trail service for up to one week prior to the stlllt of revenue service. If this schedule cannot be met, an alternative schedule may be presented. However. there is a strong preference for service that can start by [ROD]. D. Proposed Fee Responses should propose a single monthly fee to be charged to the Agency for the provision of all services described in this scope of services, including an itemized breakdown of all anticipated costs. This fee should include all costs necessary to provide all services, including, but not limited to, all vessels, vehicles, equipment, staffing, inslW"ance, and administrative costs, including the cost of any approved modifications to landing facilities and other start up costs identified in Section V.A, as well as other ope,ration costs and profit. The Contractor will only be paid for services rendered, net of liquidated damages. E. Statement of Agreement A statement of agreement signed by an authorized principal or officer that the principal has read this Scope of Services and all exhibits hereto and agrees to the terms and conditions set forth in the Scope of Services and the exhibits F. Basis of Compensation Thl: Contractor will be compensated monthly by the Agency in the amount of the proposed fee identified in Section V.D, net of any liquidated damages incurred during the prior monthly period as identified in Section IV .C.l, within 30 days of submission of an approved invoice and required supporting documentation to the Agency. G. Suspension of Service The: Contractor shall suspend all services in the event that the Foundation suspends activities on a temporary or permanent basis. The Agency, at its sole discretion, will detc:rmine which days the Foundation is or is not active. CONFIDENTIAL 10 Draft Version 3.1 The: Contractor shall be compensated only for services actually provides on days which the Foundation is active. The value of days in which service is suspended shall be calculated on a pro-rated basis from an annual accumulation of monthly fees identified in Section V.D. The Foundation, Department and Agency are not responsible for Contractor costs incurred or revenues lost by the interruption of service and/or suspension and restart of services. SELECTION CRITERIA The basis of award for a contract under this agreement will be the Contractor submitting the lowest responsive proposal as identified in Section V.D.. In order to be deemed "responsive", a prospective: contractor's proposal must adequately address all of the terms and requirements described in this Scope of Services to the satisfaction of the Department and the Agency, in particular the requirements identified in Sections V.A through V.C. The Agency will only accept responses from qualified vendors. The Agency will review all responses for responsiveness, after which the Agency may pursue negotiations with one or more respondents. The Agency may pursue either entire submissions or portions of submissions for designation. The Agency may award designations to one or more vendors. At its sole discretion, the Agency may also elect to take no action toward selection. The successful respondent will be required to fulfill all Agency contracting requirements, including, but not limited to submission of questionnaires and surveys. VII. CONDITIONS, TERMS AND LIMITATIONS In addition to those stated elsewhere, this Scope of Services is subject to the conditions, terms, and limitations stated below: A. The: information set forth in this Scope of Services concerning tasks and procedures, legal requirements, and other matters is believed to be accurate, but is not so warranted. The Agllncy, its officials, officers, agents and employees assume no responsibility for errors or omissions. Respondents are advised to verify independently the accuracy of all information and to make their own judgements of the risks involved in the development contemplated in this Scope of Services. B. A nespondent may be eliminated, in the Agency's sole discretion, if (s)he, as an individual or e:ntity, any principal shareholder of a corporate applicant or any member of the applicant's tearn is, in the Agency's sole discretion, determined to have been convicted of a felony or crime involving moral turpitude, to be an "organized crime figure", to be under indictment or criminal investigation, to be in arrears or in default on any debt, contract or obligation to the State of Florida or otherwise to be a "prohibited person" as defmed by the Agency. Any principal shareholder of a corporate applicant or any partner of a development tearn may have to complete a background questionnaire and be subject CONFIDENTIAL 11 Draft Version 3.1 to investigation by the Department's Inspector General. C. The Agency is not obligated to pay and shall not pay any costs in connection with assisting the respondent or the project, or incurred by any respondent at any time unless the Agency has expressly agreed to do so in writing. D. The Agency shall be the sole judge of each response's conformity with the requirements of the Scope of Services and of the merits of the individual proposals. The Agency resc:rves the right to waive any conditions or modify any provision of the Scope of Services with respect to all or any portion of the project, to establish additional terms and conditions, to solicit additional details or information from any or all respondents, to accc:pt more than one response, or to reject any or all responses, if in its judgement it is in the best interest of the Agency to do so. E. In all cases, the Agency shall be the sole judge of the acceptability of the proposals. F. All proposals submitted to the Agency in response to this Scope of Services are subject to disdosure in accordance with the provisions of law. CONFIDENTIAL 12 Draft Version 3.1