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Item M2 M2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting April 17, 2024 Agenda Item Number: M2 2023-2350 BULK ITEM: Yes DEPARTMENT: Clerk TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305-292-3470) No AGENDA ITEM WORDING: Approval to issue Request for Proposals (RFP) for private legal counsel for the Value Adjustment Board. ITEM BACKGROUND: F.S. 194.015 says that each county will have a value adjustment board(VAB), to hear appeals from property tax assessments, homestead exemptions, and related determinations made by the Property Appraiser. Per statute, 60% of the funding for the VAB comes from the Board of County Commissioners, and 40% comes from the district school board. F.S. 194.015 also says that the VAB shall appoint private counsel to advise the VAB on legal matters. The counsel must have practiced law for at least 5 years; shall receive compensation as determined by the VAB; and shall not represent property owners in front of the VAB. The current agreement with private counsel to advise the VAB expires on 9/30/2024. An RFP is necessary to receive proposals from prospective counsel for the position. PREVIOUS RELEVANT BOCC ACTION: 6/19/2019 (item M7): BOCC approved issuance of prior RFP. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: 2978 VAB Outside legalcounsel 2024 final.pdf FINANCIAL IMPACT: TBD 2979 O� ti 18 23 �a j rrtr � y 9y�oSr J�`��o COON, YN tHE REQUEST FOR PROPOSALS (QUALIFICATIONS AND PRICING) for PRIVATE LEGAL COUNSEL FOR THE MONROE COUNTY VALUE ADJUSTMENT BOARD MONROE COUNTY VALUE ADJUSTMENT BOARD County Commissioner David Rice, Vice Chairperson County Commissioner Craig Cates School Board Member John Dick BOCC Citizen Member John Repetto MCSD Citizen Member James Leonard (County Commissioner James K. Scholl, Alternate and Chairperson) All responses submitted to this solicitation should be addressed to and received no later than 3:00 p.m., May 30, 2024 1 2980 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Thursday,May 30,2024, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: Qualifications and Pricing for Private Legal Counsel for the Monroe County Value Adjustment Board Monroe County, Florida Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from the County's electronic bidding platform at his://monroecouniy-fl.bonfirehub.com OR www.monroecounty� Nzov/BonfireBids. The Public Record is available upon request. Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform. Please do not e m a i l, mail or attempt to deliver in person any sealed bids. Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via the Bonfire electronic bidding platform at https:Hmonroecouniy-fl.bonfirehub.com, no later than 3:OOP.M. on May 30, 2024. There is no cost to the bidder to use the Bonfire platform. Please do not submit your confidential financial information as part of your proposal. There are separate uploads for each set of documents, including confidential financial information. All proposals will be made public on the platform after an intended decision or 30 days,whichever is earlier,unless the bids/proposals are rejected in accordance with F.S. 119.071. If your proposal document includes financial information, that information will not be considered confidential and will be available and viewable to the public in accordance with public records law. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on Thursday, May 30, 2024. You may call in by phone or internet using the following: Join Zoom Meeting https:Hmcbocc.zoom.us/j/4509326156 Meeting ID: 4509326156 One tap mobile: +16465189805„45093261564 US (New York) +16699006833„45093261564 US (San Jose) Dial by your location: +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) Publication Dates Keys Citizen: Sat., 04/20/24 Keys Weekly: Thur., 04/25/24 News Barometer: Fri., 04/26/24 2 2981 TABLE OF CONTENTS Page Notice of Request for Competitive Solicitations 3 Section One—Instructions to Respondents 4 Section Two—Draft Legal Services Contract 12 Section Three—Response/Bid Forms 22 3 2982 SECTION ONE INSTRUCTION TO RESPONDENTS 1.01 OBJECTIVE OF REQUEST FOR PROPOSALS (RFP) The objective of this RFP is to select a Respondent to provide legal counsel services for Monroe County Value Adjustment Board(VAB). To be eligible for submission/consideration, Respondents: ■ Must have practiced law for over five (5)years. ■ May not represent a property appraiser,tax collector, or any taxing authority in any capacity. ■ May not represent any property owner in any administrative or judicial review of property taxes. 1.02 CALENDAR Expected dates are shown below. Any changes in the dates will be announced via Bonfire. Date Activity April 20, 2024 RFP Release Date May 20, 2024 Deadline for Vendor Questions May 22, 2024 Addendum Release Date if required) May 30, 2024 Bid Opening—3:00 PM. No late bids will be accepted TBD: Aug.-Sept., 2024 VAB Meeting—Bid Award October 1, 2024 Contract Effective Date 1.03 SCOPE OF WORK TO BE PROVIDED BY RESPONDENT The scope of services is described in Paragraph 2.02 of the draft Agreement attached to this RFP and Rule 12D-9.009, Florida Administrative Code. The attorney who contracts to provide these services will be expected to fulfill all of the requirements of board legal counsel listed in Rule 12D-9.009, Florida Administrative Code. The attorney shall attend all meetings of the VAB and all hearings before the Special Magistrates for the VAB, as well as provide advice throughout the year to VAB and the Clerk staff assigned to VAB as needed regarding procedural issues, valuation and homesteads and other matters such as the portability of homesteads. In FY 2022- 2023 (October 1, 2022 through September 30, 2023), there were 2 meetings of the VAB and 6 total hearings before a Special Magistrate for the VAB. The number of meetings and hearings are expected to remain approximately constant in the years to come, during the term of any Agreement resulting from this RFP. 1.04 TERM OF CONTRACT The term of the contact shall be for a three-year period beginning on October 1, 2024 and continuing until September 30,2027. The VAB may exercise one option for an additional two(2)years by approving 4 2983 a Resolution at its final meeting prior to expiration of the contract. The VAB's performance and obligation under this Agreement is contingent upon annual appropriations by the Monroe County Board of County Commissioners and the Monroe County School Board. 1.05 REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION Request for additional information or clarification relating to the specifications of this RFP shall be submitted in writing via e-mail, directly to: Cynthia Hall, Sr. Assistant County Attorney Monroe County Attorney's Office Hall-cynthia@monroecounty-fl.gov. All requests for additional information must be received no later than 3:00 p.m. on May 20, 2024. Any requests received after that date and time will not be answered. All timely received requests for additional information or clarification will be answered by way of an Addendum, issued on Bonfire, which shall be distributed to all interested Proposers via Bonfire on the schedule listed above. Oral requests will not be answered. All addenda are a part of the contract documents and each Proposer will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Proposer to verify that he/she has received all addenda issued before responses are opened. 1.06 BID OPENING DATE; SUBMISSION INSTRUCTIONS. Responses will be received until the designated time and will be publicly opened. Proposers' names shall be read aloud at the appointed time and place stated in the Notice of Request for Competitive Solicitations. Any proposal not received on or before the deadline for receipt of proposals cannot be resubmitted through the Bonfire platform and will not be considered in any other form of delivery. The 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. Proposers or their authorized agents are invited to be present. The VAB will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3) (d), Florida Statute (2013). The VAB reserves the right to reject any or all proposals, to waive informalities in the proposals and to re-advertise for proposals. The VAB also reserves the right to separately accept or reject any item or items of a proposal and to award and/or negotiate a contract(s) in the best interest of the VAB. It is the sole responsibility of each Respondent to ensure its proposal is received in a timely fashion. 5 2984 1.07 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. 1.08 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 a professional association or other business entity, the title of the officer signing the response on behalf of the entity must be stated and evidence of his authority to sign the response must be submitted. The Respondent shall state in the response the name and address of each person interested therein. 1.09 CONTENT OF SUBMISSION Each Respondent shall submit with his response the required evidence of his qualifications and experience. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the VAB's requirements. Respondent should focus specifically on the information requested. The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the VAB. Responses to the RFP shall be organized as follows: A. Cover Page—name of RFP, also contact information for Respondent. B. Qualifications —The Respondent shall provide a history of the firm, its areas of special expertise, and how the attorney(s)to provide services will fulfill the needs of the VAB if awarded a contract pursuant to this RFP process. Preference will be given to an attorney that can demonstrate experience in real or personal property tax matter, Florida public records law, Florida Sunshine law. C. Proof of Florida bar membership, and current business tax receipt for business. D. Price proposal section—Fixed monthly fee. The VAB will not pay for any additional costs,travel, per diems,telephone,photocopies,postage, courier costs, general office overhead. The VAB also will not authorize, and will not pay for, any expert witnesses, additional counsel, consultants, or support staff. Exception: If VAB directs the legal counsel to travel outside Monroe County for VAB business, the attorney's reasonable travel expenses will be reimbursed at rates set forth in Monroe County Code, upon presentation of an authorized Travel Voucher form with all receipts attached. E. References --Each Respondent shall provide at least two(2)references for which the reference is in a position to recommend the organization's qualifications for the same or similar services during the past three (3)years. Each reference shall include, at a minimum: Name and full address of reference organization Name of contact person for contract 6 2985 Telephone number(s) Date of initiation of contract with reference Brief summary comparing the referenced services to these proposed services F. A statement confirming compliance with requirements for legal counsel in F.S. 194.015 and Rule 12D-9.008, Florida Administrative Code. G. Answers to the following questions, required by Monroe County Code 2-347: (1) A list of the person's or entity's shareholders with five 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; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different,the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); (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,principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, 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 person,principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes,provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years,been a parry to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes,provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers,owners,partners,major shareholders or directors, 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; e. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; f. Customer references (minimum of three), including name, current address and current telephone number; 7 2986 g. Credit references (minimum of three), including name, current address and current telephone number; h. Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity; and i. Any financial information requested by the county department involved in the competitive solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible. Note: it me proposer wisitecs t:: Ill,,ccp the ritiaticial st:etcnictits rcrereticcd iii paragraph (it) cote idctitial, please :uaH�,, the d::cm:u�metits as "C:: tiridetitial" t:: exercise the exemption ti Cider F.S. 1.19.0171(l.((c) acid ru�pload by separate tipload to Bonfire to inaititaiii cote idetitiality. H. Include the Response/Bid Forms (from Section Three to this RFP) Response Form Non-Collusion Affidavit Ethics Clause Drug Free Workplace Form Public Entity Crime Statement Vendor Certification Regarding Scrutinized Companies Insurance 1.10 MODIFICATION OF RESPONSES Prior to the time and date designated for receipt of Bids, any Bid submitted may be modified by removing the existing bid from Bonfire and uploading a new complete bid. Bids may be withdrawn on Bonfire prior to the time of the bid opening. Withdrawn bids may be resubmitted on Bonfire up to the time designated for receipt of proposals provided they are fully in conformance with submission instructions. 1.11 DISQUALIFICATION OF RESPONDENTS A. NON-COLLUSION AFFIDAVIT: Any person submitting a response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Responders, the response of all participants is such collusion shall be rejected, and no participants in such collusion will be considered in future responses 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 response/bid on a contract to provide any goods or services to a public entity, may not submit a response/bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit response/bids on leases or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public 8 2987 entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $10,000.00 C. DRUG-FREE WORKPLACE FORM: Any person submitting a response or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his response or proposal. Failure to complete this form in every detail and submit it with your response or proposal may result in immediate disqualification of your response. D. CONFLICT OF INTEREST: Any attorney who is deemed to have a conflict of interest prohibited by the Florida Bar Rules or Chapter 112, Florida Statutes, shall be disqualified. 1.12 RECEIPT AND OPENING OF RESPONSES Responses 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 Request for Proposals. Any proposal not received on or before the deadline for receipt of proposals cannot be resubmitted through the Bonfire platform and will not be considered int any other form of delivery. The responses will be sent to the Clerk for the VAB for dissemination to the VAB members and to the County Attorney for review and selection. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents or their authorized agents are invited to be present. The VAB reserves the right to withdraw the Request for Proposals at any time without an award. Responses that contain modifications that are incomplete,unbalanced,conditional, obscure,or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Proposer,may be rejected at the option of the VAB. 1.13 EVALUATION CRITERIA An award shall be made to the responsible Respondent whose proposal is determined to be most advantageous for the VAB. Proposals will be evaluated based on the following criteria: Experience and Qualifications 40 points Proposed costs/ fee schedule 20 points Reports from references 20 points Responsiveness and completeness of the proposal, 20 points including information provided on Response/Bid Forms Total 100 points Total points earned are on a scale of 1 — 100 points 1 =lowest 100 = highest The VAB 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 VAB. Responses which contain modifications or are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities 9 2988 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 VAB. Final selection of the successful respondent(s) shall be made by the VAB at a noticed public meeting. 1.15 AWARD OF CONTRACT The VAB reserves the rights to award separate contracts for each service area and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. If responses are found to be acceptable by the VAB, written notice will be given to the selected Respondent(s) of the award of the contract(s). If the award of a contract is annulled, or the awarded responder fails to execute a contract, the VAB may award the contract to another Respondent or the work may be re-advertised or may be performed by other qualified personnel as the VAB decides. The VAB 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. 1.16 EXECUTION OF CONTRACT The Respondent to whom a contract is awarded will be required to sign a contract substantially in the form of the draft Agreement attached to this RFP. 1.17 INSURANCE Each Respondent shall include in its solicitation response package proof of insurance capabilities, including but not limited to, the following requirements: [This does not mean that the Respondent must have the coverage prior to submittal, but, that the coverage must be in effect prior to a purchase order or contract being executed by the VAB] An original certificate of insurance, indicating that the awarded Respondent has coverage in accordance with the requirements of this section, shall be furnished by the Respondent and must be received and accepted by the VAB prior to contract execution and/or before any work begins. The Respondent shall provide and maintain at all times during the term of any contract, without cost or expense to the VAB,policies of insurance,with a company or companies authorized to do business in the State of Florida, and which are acceptable to the VAB, insuring the vendor against any and all claims, demands or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services and/or obligations of the Respondent under the terms and provisions of the contract. The Respondent is responsible for timely provision of certificate(s) of insurance to the VAB at the certificate holder address evidencing conformance with the contract requirements at all times throughout the term of the contract. Such policies of insurance, and confirming certificates of insurance, shall ensure the Respondent is in accordance with the following minimum limits: Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Attorney or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with the following minimum limits: Combined single limit: $300,000 10 2989 If split limits are provided, the minimum acceptable limits shall be $100,000 per person, $300,000 per occurrence, $50,000 property damage. Automobile liability insurance, including owned-non-owned, and hired autos with the following minimum limits and coverage: Combined single limit: $300,000 If split limits are provided, the minimum acceptable limits shall be: $200,000 per person, $300,000 per occurrence, $200,000 property damage. Workers' Compensation insurance as required by the State of Florida. Employers Liability Insurance with the following minimum limits: Each accident $500,000 Disease—each employee $100,000 Disease—policy limits $100,000 Professional Liability in the minimum amount of$500,000 per occurrence/ $1 million aggregate. The Value Adjustment Board shall be named as an additional insured with respect to Attorney's liabilities on the general liability and automobile liability policies. The Attorney shall provide to the VAB certificates of insurance or a copy of all insurance policies at time of execution of the contract or within five (5) days thereafter. The Attorney shall also provide new certificates whenever the term of the prior policy expires. The VAB reserves the right to cancel the contract at any time if proof of proper insurance coverage is not provided. The Attorney is responsible for subcontractors and their insurance. Failure to obtain and maintain the insurance coverages set out above will be considered a breach of contract and may result in termination for default. 11 2990 SECTION TWO LEGAL SERVICES CONTRACT THIS AGREEMENT ("Agreement") is entered into this day of October, 2019, by and between the MONROE COUNTY VALUE ADJUSTMENT BOARD ,hereinafter referred to as the VAB and Attorne , hereinafter referred to as the Attorney. WHEREAS, the VAB wishes to enter into this Agreement with the Attorney so that the Attorney will act as private legal counsel to the VAB; NOW THEREFORE,IN CONSIDERATION of the mutual promises contained herein,the parties agree as follows: 1. Term: The term of this Agreement is for a three-year period commencing October 1,2019 and terminating September 30, 2022. Thereafter, the VAB may exercise an option for an additional two (2) years upon giving written notice to the Attorney no less than sixty (60) days prior to the original expiration date. If the option is exercised, the contract shall be extended on the same terms as the initial term. The VAB's performance and obligation to pay under this Agreement is contingent upon annual appropriations by the Monroe County Board of County Commissioners and the Monroe County School Board. Should funding be appropriated in amounts insufficient to cover the services under this contract, the required services may be modified in writing and executed by both parties to provide a level of service commensurate with the funding appropriated. 2. Scope of Services: The Attorney will provide all services required under Rule 12D-9.009,Florida Administrative Code. Attorney shall attend all meetings of the VAB and all hearings before the Special Magistrates for the VAB, and shall advise the VAB and VAB Special Magistrates on an as-needed basis regarding such legal issues as may arise, including but not limited to valuation, homestead and other exemptions, late filing, and the admission of evidence, and any other legal matters concerning Value Adjustment Board business. Attorney shall, on an as-needed basis, also provide advice to the clerical staff provided by the Clerk to the VAB. This Agreement is personal to the Attorney. Attorney has been retained specifically because Attorney, personally, is understood by VAB to be able to handle this matter. Employment of additional individuals, whether attorneys, paralegals, or others, who will bill time to VAB is not permitted without the advance written approval of VAB. 3. Special Conditions Regarding_ Representation: a) The Client is the Monroe County Value Adjustment Board (VAB), and to the extent ethically permissible, its elected and appointed officers and its employees. In the event that Attorney cannot ethically represent individuals in addition to VAB, Attorney shall advise VAB in writing of that fact immediately. 12 2991 b) Attorney is licensed to practice law in all jurisdictions relevant to this matter and meets the statutory criteria for private counsel to a value adjustment board in the State of Florida. c) The Attorney must at all times comply with F.S. 194.015 and must immediately advise the VAB of any conflict. F.S. 194.015 currently states: "The private counsel may not represent the property appraiser, tax collector, any taxing authority, or any property owner in any administrative or judicial review of property taxes." The Attorney must also at all times comply with Rules 1213- 9.008 and 1213-9.009, Florida Administrative Code and must immediately advise the VAB of any inability to comply with the requirements of these rules. d) If Attorney practices with others who may also provide services to VAB, he or she understands that VAB expects that Attorney will be responsible for managing the representation, assuring compliance of others with the terms of this Agreement and ethical requirements, preparing and substantiating all bills, and communicating with VAB. Attorney may not delegate or outsource this work without full written disclosure to, and prior written approval from, the VAB. e) Attorney has been retained by VAB to provide the scope of services described in Section 2 above. Attorney represents that he or she is competent and available to handle that matter. In the event that additional matters are assigned by VAB to Attorney, this Agreement shall apply to those matters as well, unless a separate Agreement is required by the VAB. f) Review of ethical obligations before initiating representation: Attorney has conducted a thorough investigation and determined that neither Attorney nor his or her firm has any ethical impediment, real or potential,to representing VAB. To the extent that any ethical impediment,real or potential, is discovered or ever arises,Attorney shall immediately inform VAB in writing of the impediment (regardless of whether Attorney believes he or she has taken all steps necessary to avoid the impediment and regardless of whether Attorney believes that the impediment is insubstantial or questionable), make full disclosure of the situation to VAB, obtain VAB's express, written consent to continue the representation of the other client, and take all steps requested by VAB to avoid or mitigate the impediment. Attorney understands that if a direct or indirect conflict of interest arises which, in the opinion of the VAB, cannot be avoided or mitigated under the Rules of Professional Conduct of The Florida Bar,VAB may, in its discretion, (a)obtain reimbursement from Attorney for all fees and expenses paid to Attorney in this matter; (b) obtain cancellation of all amounts allegedly owed by VAB to Attorney; and(c) obtain reimbursement for consequential expenses incurred by VAB, including the cost of replacement counsel. 4. Payment: The VAB shall compensate the Attorney according to the terms of this paragraph. Payment shall be made monthly upon receipt of a proper invoice with documentation of services rendered,pursuant to the Florida Prompt Payment Act. The Attorney shall submit monthly invoices by the tenth (10t') calendar day of each month to the following address: Monroe County Attorney's Office, 1111 12t' St., Suite 408, Key West FL 33040. a) The VAB shall pay to Attorney a fixed monthly amount of ("Monthly Payment"), less taxes if Monroe County determines that the withholding of taxes is required. The Monthly Payment shall include payment for all legal services rendered by Attorney in the preceding month. The Monthly Payment shall be inclusive of all costs, including but not limited to travel costs and per diems, within the exception of the travel expenses outlined in paragraph 4(b)below. 13 2992 b) If VAB directs Attorney to travel outside Monroe County for VAB business, then Attorney's reasonable travel expenses will be- reimbursed in accordance with the applicable provisions for "approved travelers" of the Monroe County Code, and will be summarized on the Monroe County Travel Form with all applicable receipts attached thereto. VAB will not pay for any markup of expenses. c) All other expenses are not reimbursable, including but not limited to: telephone, postage, overnight mail, courier, overhead. d) Attorney is not authorized to retain and VAB will not pay for experts, additional counsel, consultants, support staff, or the like, or to outsource or delegate work, without prior written approval of the VAB. 5. Termination: The Agreement can be terminated by either parry with or without cause with 120 days prior written notice. Attorney shall be paid through the date of services rendered. 6. Accounting Records: Records of the Attorney pertaining to this Agreement shall be kept on generally recognized accounting principles, acceptable to the Monroe County Clerk, and shall be available to the VAB or to an authorized representative for audit. Attorney understands that Attorney must have documentation to support all aspects of each bill, including fees and expenses, and must maintain that documentation until at least one year after the termination of the representation. This documentation shall be made available by Attorney to Monroe County, VAB or their designated representative, including an accountant, the Monroe County Clerk or Monroe County Clerk's representative, or legal bill auditor upon written request. Attorney agrees to cooperate with any examination of this documentation and Attorney's fees and expenses, e.g., by responding promptly and completely to any questions Monroe County, VAB or its designated representative may have. Attorney shall notify VAB in writing at least 60 days in advance of destroying any such records and, in the event that VAB requests that they be preserved, shall preserve them at least one additional year or, at the option of the VAB, delivered to the VAB for storage by the VAB, with VAB responsible for paying the actual cost of storage. This documentation shall include, for example, original time records, expense receipts, and documentation supporting the amount charged by Attorney for expense items generated by the Attorney or his or her firm. VAB reserves the right not to pay any fee or expense item for which sufficient documentation is not available to determine whether the item was necessary and reasonable. Upon the execution of an Agreement or amendment to this Agreement by the VAB, Attorney may provide the documentation in digital electronic form in Adobe Portable Document Format (PDF) or in Alchemy format in lieu of the manual preservation requirements detailed above. a) Access to Records. Attorney shall maintain all books,records,and documents directly pertinent to performance under this Agreement, including but not limited to the documents referred to in Section 4 of this Agreement, in accordance with generally accepted accounting principles, consistently applied. Upon ten (10) business days written notice to the other, representatives of Monroe County, the VAB or Attorney shall have access, at all reasonable times,to all the other party's books,records, correspondence, instructions, receipts, vouchers and memoranda(excluding computer software)pertaining to work under this Agreement for the purpose of conducting a complete independent fiscal audit. Attorney shall retain all records required to be kept under this Agreement for a minimum of five years, and for at least four years after the termination of this Agreement. Attorney shall keep such records as are necessary to document the performance of the Agreement and expenses as incurred, and give access to these records at the request of Monroe County, the VAB, the State of Florida or authorized agents and representatives of said government bodies. It is the responsibility of Attorney to maintain appropriate records to insure a proper accounting of all collections and remittances. Attorney shall be responsible for repayment of 14 2993 any and all audit exceptions which are identified by the Auditor General for the State of Florida,the Clerk of Court for Monroe County, the VAB, or their agents and representatives. Florida Public Records Law: Attorney agrees that, unless specifically exempted or excepted by Florida law or Rules and Regulations of The Florida Bar, the provisions of Chapter 119, Florida Statutes, generally require public access to all records and documents which may be made or received under this Agreement. Attorney agrees to consult with the County Attorney's office concerning the application of the Public Records Law from time to time concerning specific circumstances that may arise during the term of this Agreement. Pursuant to F.S. 119.0701, Attorney shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by the VAB in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Attorney does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to the VAB all public records in possession of the Attorney or keep and maintain public records required by the public agency to perform the service. If the Attorney transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Attorney keeps and maintains public records upon completion of the contract, the Attorney shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to VAB, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of the agency. IF THE ATTORNEY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ATTORNEYS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, (305) 292-3507, email address: publicrecord@monroe-clerk, c/o Monroe County Clerk of Courts, 500 Whitehead St., Key West, FL. 33040. This provision shall survive the termination of this Agreement. 7. Modification: Additions to, modification to or deletions from the provisions set forth in this Agreement shall be effective only in writing and approved by VAB. 8. Indemnification and Hold Harmless: The Attorney agrees to indemnify and hold Monroe County Value Adjustment Board harmless for any and all claims, liability, losses and causes of action which may 15 2994 arise out of its fulfillment of the Agreement. It agrees to pay all claims and losses, including related court costs and reasonable attorneys' fees, and shall defend all suits filed due to the negligent acts, errors or omissions of the Attorney employees and/or agents. 9. Insurance. The Attorney shall provide and maintain at all times during the term of any contract, without cost or expense to the VAB, policies of insurance, with a company or companies authorized to do business in the State of Florida, and which are acceptable to the VAB, insuring the Attorney against any and all claims, demands or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services and/or obligations of the vendor under the terms and provisions of the contract. The vendor is responsible for timely provision of certificate(s) of insurance to the VAB at the certificate holder address evidencing conformance with the contract requirements at all times throughout the term of the contract. Such policies of insurance, and confirming certificates of insurance, shall ensure the vendor is in accordance with the following minimum limits: Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Attorney or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with the following minimum limits: Combined single limit: $300,000 If split limits are provided, the minimum acceptable limits shall be $100,000 per person, $300,000 per occurrence, $50,000 property damage. Automobile liability insurance, including owned-non-owned, and hired autos with the following minimum limits and coverage: Combined single limit: $300,000 If split limits are provided, the minimum acceptable limits shall be: $200,000 per person, $300,000 per occurrence, $200,000 property damage. Workers' Compensation insurance as required by the State of Florida. Employers Liability Insurance with the following minimum limits: Each accident $500,000 Disease—each employee $100,000 Disease—policy limits $100,000 Professional Liability in the minimum amount of$500,000 per occurrence/ $1 million aggregate. The VAB shall be named as an additional insured with respect to Attorney's liabilities on the general liability and automobile liability policies. The Attorney shall provide to the VAB certificates of insurance or a copy of all insurance policies at time of execution of the contract or within five (5) days thereafter. The Attorney shall also provide new certificates whenever the term of the prior policy expires. The VAB reserves the right to cancel the contract at any time if proof of proper insurance coverage is not provided. 16 2995 The Attorney is responsible for subcontractors and their insurance. Failure to obtain and maintain the insurance coverages set out above will be considered a breach of contract and may result in termination for default. 10. Taxes: The VAB, Monroe County and Monroe County School Board are exempt from Federal Excise and State Florida Sales Tax. 11. Finance Charges: The VAB, Monroe County, and Monroe County School Board will not be responsible for any finance charges. 12. Independent Contractor: It is the intent of the parties hereto that the Attorney shall be legally considered as an independent contractor and that neither it nor its employees or agents shall, under any circumstance, be considered servants or agents of the VAB and VAB shall at no time be legally responsible for any negligence on the part of said successful responder, its employees or agents,resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 13. Disclosure: At any time during the term of this Agreement, the Attorney is required to list any or all potential conflicts of interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinance. The Attorney shall disclose all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interests of the VAB. 14. Assignment: the Attorney shall not assign, transfer, convey, sublet or otherwise dispose of this Agreement, or of any or all of its right,title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the VAB. 15. Compliance With Laws: Attorney shall comply with all international,federal, state and local laws and ordinances applicable to the work or payment for work thereof. 16. Force Majeure: The Attorney shall not be liable for delay in performance or failure to perform, in whole or in part,the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic,quarantine restriction,accident,fire, explosion,storm, flood,drought, or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the Attorney has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of this Agreement. 17. Governing Law/Venue: This Agreement shall be governed and construed by and in accordance with the laws of the State of Florida and constitutes the entire Agreement between the VAB and Attorney. Venue of any court action filed relative to this Agreement shall lie in Monroe County, Florida. 18. Antisolicitation: The Attorney warrants that no person has been employed or retained to solicit or secure this contract upon an Agreement or understanding for a commission,percentage, brokerage, or contingent fee and that no member of the Monroe County government or the VAB has any interest, financially or otherwise in the Attorney or its subcontractors. 19. Severability: If any provision of the Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable,the remainder of this Agreement, or the application of such provision other 17 2996 than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. 20. Notice: Any notice required or permitted under this Agreement shall be in writing and hand- delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other parry as follows: For VAB: For Attorney: Monroe County Clerk of Court 500 Whitehead Street Key West, FL 33040 VAB shall give notice to Attorney of any meetings at which the Attorney's presence is required or requested. 21. Public Entity Crime Statement: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response/bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses/bids on leases of real property to public entity, may not be awarded 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 date of being placed on the convicted vendor list. 22. General Requirements of Attorney a) Ownership of Attorney files and work product: Attorney understands that all files and work product prepared by Attorney or his or her firm at the expense of VAB (or for which VAB is otherwise billed) are the property of VAB. Without VAB's prior written approval, this work product may not be used by Attorney or his or her firm nor disclosed by Attorney or his or her firm to others, except in the normal course of Attorney's representation of VAB in this matter. Attorney agrees that VAB owns all rights, including copyrights, to materials prepared by VAB or by Attorney on behalf of VAB. Attorney shall notify VAB in writing at least 60 days in advance of destroying any such records and, in the event that VAB requests that they be preserved, shall preserve them at least one additional year (with VAB responsible for paying the actual cost of storage). Attorney shall comply with the State of Florida Records Retention GS1-SL time schedule for destruction. Attorney shall provide VAB with prompt access to (including the ability to make copies of) all attorney files and work product, regardless of whether the representation or matter is ongoing and whether attorney fees and expenses have been paid in full. b) Dispute Resolution Attorney and VAB agree that all disputes regarding Attorney's fees or expenses are to be resolved pursuant to the procedures and practices for mediation by the Attorney Consumer Assistance Program of the Florida Bar. c) Entire Agreement. The entire Agreement between the VAB and Attorney with respect to the subject matter hereof is contained in this Agreement. This Agreement supersedes all prior oral and written proposals and communications between the VAB and Attorney related to this Agreement. No provision of this Agreement shall be deemed waived, amended or modified by either parry unless such waiver, amendment or modification is in writing and signed by the parry against whom the waiver, amendment or modification is claimed. This Agreement shall be binding upon and inure to the benefit of the parties 18 2997 hereto, their permitted successors and assigns. d) Captions. The captions set forth herein are for convenience of reference only and shall not define, modify, or limit any of the terms hereof. e) Conflicts in Interpretation. The VAB and Attorney agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between them, the final interpretation by the VAB shall apply. f) Adjudication of Disputes and Disagreements. The VAB and Attorney agree that all disputes and disagreements between them shall be attempted to be resolved by a meet and confer session between representatives of the VAB and Attorney. If the issue or issues are still not resolved to the satisfaction of both within 30 days after the meet and confer session, then either shall have the right to seek such relief as may be provided by this Agreement or by Florida law. g) Cooperation. In the event any administrative or legal proceeding is instituted against either the VAB or Attorney relating to the formation, execution, performance, or breach of this Agreement, the VAB and Attorney each agree to participate, to the extent required by the other, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement. The VAB and Attorney each agree that neither shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. h)Legal Obligations and Responsibilities. Non-delegation of Constitutional or Statutory Duties. This Agreement is not intended to relieve, nor shall it be construed as relieving, either the VAB or Attorney from any obligation or responsibility imposed upon each by law except to the extent of actual and timely performance thereof by the other, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further this Agreement is not intended to authorize,nor shall it be construed as authorizing, the delegation of the constitutional or statutory duties of the VAB, except to the extent permitted by the Florida Constitution, state statutes, case law, and, specifically,the provisions of Chapter 125, Florida Statutes. i) Attorney's Fees and Costs. In the event any administrative proceeding or cause of action is initiated or defended by the VAB or Attorney relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement or as may be required by a court of competent jurisdiction shall be conducted in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. j) Authority. Attorney warrants that Attorney is authorized by law and the Rules and Regulations of The Florida Bar to engage in the performance of the activities encompassed by this Agreement. If Attorney is a member of a law firm, either as partner, shareholder, associate, or other relationship, Attorney warrants that he is authorized to enter into this Agreement by Attorney's law firm. k)Non-Discrimination. Attorney shall not discriminate, in its employment practices and in providing services hereunder, on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall abide by all federal and state laws regarding non-discrimination. Upon a determination by a court of competent jurisdiction that such discrimination has occurred, this Agreement automatically terminates without any further action by the 19 2998 VAB, effective the date of the court order. Attorney is aware of the provisions of Section 13-101 through 13-106, Monroe County Code, relating to non-discrimination, and agrees to abide by the Code's non- discrimination requirements. 1) Claims for State or Federal Aid. The VAB and Attorney agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided that all applications, requests, grant proposals, and funding solicitations by Attorney shall be approved by the VAB prior to submission. m) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this 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 VAB and Attorney agree that neither the VAB nor Attorney or any officer, agent, or employee of each 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 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated under this Agreement. n) Attestations. Attorney agrees to execute such documents as the VAB may reasonably require, including a Drug-Free Workplace Statement, and a Public Entity Crime Statement. o) Signatures of Parties Required. This Agreement shall not be effective until executed by both VAB and Attorney and received in final executed form by an authorized representative of VAB. p) No Personal Liability. No covenant or obligation contained in this Agreement shall be deemed to be a covenant or obligation of any member, officer, agent or employee of the Value Adjustment Board in his or her individual capacity and no member, officer, agent or employee of the Value Adjustment Board shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. q) Execution in Counterparts. This 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 the VAB and Attorney may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. (SEAL) (Attorney) Attest: By (SEAL) VALUE ADJUSTMENT BOARD Attest: KEVIN MADOK, CPA, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman 20 2999 MONROE COUNTY ATTORNEY APPROVED AS TO FORM: Assistant County Attorney Date: 21 3000 SECTION THREE RESPONSE/BID FORMS 22 3001 RESPONSE FORM RESPONSE TO: Request for Proposals —Private Legal Counsel for Monroe County Value Adjustment Board I acknowledge receipt of Addenda No(s) I have included: Response Form IJ Vendor Certification re Scrutinized Company IJ Ethics Clause IJ Drug-Free Workplace IJ Non-Collusion IJ Public Entity Crime Statement IJ (Check mark items above, as a reminder that they are included.) Mailing Address: Telephone: Fax: Date: By signing and submitting this Proposal,I am certifying that(a)I am not a member or an employee of any taxing authority; and (b) I do not represent any property owner in an administrative or judicial review of property tax issues. Signed: Date: (Name) (Title) 23 3002 NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath,and under penalty of perjury,depose and say that: I. I am of the firm of in response to the Notice for Calling for Proposal for: Legal Counsel Services for Monroe County Value Adjustment Board and that I executed the said proposal with full authority to do so. 2. This response has been arrived at independently without collusion,consultation,communication or Agreement for the purpose of restricting competition,as to any matter relating to qualifications or responses of any other responder or with any competitor; and no attempt has been made or will be made by the responder to induce any other person,partnership or corporation to submit, or not to submit,a response for the purpose of restricting competition; 3. The statements contained in this affidavit are true and correct,and made with full knowledge that Monroe County VAB relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Responder) (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME,the undersigned authority, who, after first being sworn by me,(name of individual signing)affixed his/her signature in the space provided above on this day of 20 NOTARY PUBLIC My Commission Expires: 24 3003 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 response/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 response/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. Responder's Signature Date 25 3004 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135,Florida Statutes,also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473, Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the VAB may be terminated, at the option of the VAB,if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: Note: The List are available at the following Department of Management Services Site: http://www.dms.my,,,,florida,com/bus ness,,_opgrations/state purchasing/,vendor,_information/con,victed,,,,,sus, end � _ ed,,,,,,_discriminatory,,,_complaints_vendor lists 26 3005 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply 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 a public entity, may not be awarded 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 Statute, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I 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, by means of ❑ physical presence or ❑ online notarization, 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: 27 3006