Item D15
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JANUARY 21. 2004
Division:
TDC
Bulk Item: Yes --X- No
Department:
AGENDA ITEM WORDING:
Approval to advertise a Request For Bid for Long Distance Telephone Services.
ITEM BACKGROUND:
TOC approved same at their meeting of November 12, 2003.
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $
COST TO COUNTY: $
BUDGETED: Yes --X- No
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes 1L- No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty --X- OMB/Pur~ ~~ement-K-
DIVISION DIRECTOR APPROVAL: ~~./_ ..J-
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_ Not Required_
AGENDA ITEM # D 16
DISPOSITION:
Revised 2/27/0 I
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Long Distance Services
Request For Bid FY 2004
REQUEST FOR BID PACKAGE
FOR
LONG DISTANCE TELEPHONE SERVICES
TABLE OF CONTENTS
Paae
Notice of Calling For Bids
3
TDC Long Distance Services RFB
4
General Conditions of Proposal
4-7
Scope of Services
8
Submission of Bid Proposal
8-9
Scope of Services Bid Form
10
Non-Collusion Affidavit and Verification
11
Drug Free Workplace Form
12
Required Contract Provisions
13-19
Long Distance Services
Request For Bid FY 2004
2
NOTICE OF CALLING FOR BIDS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on March 31. 2004 at D.Q
later than 11 :00 a.m. The Monroe County Purchasing Office will receive sealed bids for the
following:
LONG DISTANCE SERVICES
Specifications and Bid Documents may be requested from DemandStar by Onvia by
calling 1-800-711-1712 or by going to the website at www.demandstar.com Questions
regarding the Bid should be directed to the Administrative Office of the Tourist Development
Council, (305) 296-1552. Any addenda to this Request for Bids (RFB) shall be distributed to
vendors on the list of Demandstar distributees for this RFB.
All bids must be received by the Monroe County Purchasing Office on or before 11 :00 a.m on
March 31, 2004. No waivers shall be allowed for bids which have not been submitted to the
County Purchasing Department by 11 :00 a.m. on the deadline date.
Bidders must submit two (2) signed originals and two (2) complete copies of each bid in a
sealed envelope clearly marked on the outside: "Sealed Bids For Long Distance Services",
addressed and delivered to:
Purchasing Office, 1100 Simonton Street, Room 2-213, Key West, Florida 33040
All bids must remain valid for a period of ninety (90) days. The Board will automatically reject
the bid of any person or affiliate who appears on the convicted vendor list prepared by the
Department of General Services, State of Florida, under Section 287.133(3)(d), F.S. (1997).
Contract award will be by the Monroe County Board of County Commissioners to those
bidders whose Bids are/is deemed by the BOCC, upon recommendation of the Monroe
County Tourist Development Council, to be in the best interest of Monroe County.
Dated at Key West, Florida, this
day of
,2004.
Long Distance Services
Request For Bid FY 2004
3
TDC LONG DISTANCE SERVICES RFB
The successful bidder will provide Monroe County Tourist Development Council with long
distance services for the Chambers of Commerce and TDC Administrative Office, as more
particularly described herein under Scope of Services.
Any contract awarded under this RFB process shall provide for the contract term to commence
after the award date and proper execution of contract documents and insurance. Upon receipt
of all contracts, insurance certificates and required executed forms, the date of approval by the
County shall determine the starting date for the contract and, thus, the ending date.
GENERAL CONDITIONS OF PROPOSAL
1. FAIR COMPETITION
A) Competition in proposing is encouraged, even though a particular brand,
trademark, logo, copyright, or license is specified to indicate the level of quality desired. Bids
will be considered on equal products/materials/services when the bidder indicates clearly the
product/material/service which is being offered. A sample or sufficient data in detail to enable
a proper comparison to be made with the particular product/material/service shall be included.
The determination of the acceptability of an equivalent product/material/service shall be made
by the County.
B) No bidder will be allowed to offer more than one (1) price on each item, even
though he has two or more types that will meet specifications. If the bidder includes more than
one price on any item, the County may, in its discretion, treat the entire proposal as
unresponsive.
C) To better insure fair competition and to permit a determination of the most
responsive and responsible bidder, bids may be rejected if they show any irregularities,
conditions, nonconformity's, or bids obviously unbalanced.
D) Samples, where required, shall be delivered to the Director of OMB, 1100
Simonton Street room 2-213, Key West, FL 33040, unless otherwise stated in the
specification. Packages shall be marked, "Samples for Director of OMB" with the name of
bidder, contract title (Long Distance Services) and item number. Failure of the bidder to
furnish an itemized packing list and clearly identified samples as indicated may be considered
sufficient reason for rejection of the bid.
2. DELIVERY AND F.O.B. POINT
A) Each bidder shall guarantee that he will deliver documents, materials,
equipment, and/or perform services in accordance with the delivery schedule as
outlined in the contract.
B) All documents, materials, equipment, and/or services shall be delivered F.O.B.
destination unless otherwise clearly specified by the County.
Long Distance Services
Request For Bid FY 2004
4
3. CHANGES TOIINQUIRIES REGARDING SPECIFICATIONS
Any prospective bidder who requests a change in, or interpretation or clarification of the true
meaning of, the Request for Bids documents or any part thereof, MUST submit to the
Administrative Office of the Tourist Develooment Council (305-296-1552) 1201 White Street.
Suite 102. Key West. FL 33040, a written request for such change or interpretation. Said
request, with any supporting documents, drawings, etc., must be received by the
Administrative Office of the Tourist Develooment Council on or before five (5) working days
prior to the day on which the bids are scheduled to be opened. Any substantive change or
interpretation of the documents, if made, will be made only by written addendum duly issued.
A copy of such addendum will be furnished to each known person receiving a set of RFB
documents. The County will not be responsible for any other explanations, changes, or
interpretations of the proposed documents made or given prior to the award of the contract.
Bidders are responsible for ascertaining that they have all addenda before submitting a bid.
4. WAIVER OF TECHNICALITIES AND SPECIFICATIONS
Minor differences in specifications may be waived at the discretion of the County.
5. RESERVATIONS
The Board of County Commissioners reserves the right to reject any and all bids, to waive
irregularities, formalities, and technical defects in any and all bids; to readvertise for bids; to
separately accept or reject any item or items of a proposal; to award and/or negotiate a
contract in the best interest of the County; and to retain all proposal documents, whether
rejected or not.
6. NON-AWARD
County shall incur no liability to any bidder should an award not be made pursuant to this
Request for Bids (RFB). Bidders are solely responsible for their own expenses incurred in
preparing bids whether or not County awards a contract pursuant to this Request for Bids.
7. CONFLICT OF INTEREST
The contract awarded pursuant to this RFB shall not inure to the financial or other interest of
any officer, agent or employee of the County.
8. CONTRACT REQUIREMENTS
Bidder shall furnish all labor, materials, supervision and equipment to accomplish the Scope of
Services.
9. PERFORMANCE AND PAYMENT BONDS
Performance and payment bonds are not required under this contract, which involves
professional services as distinguished from construction contracts.
Long Distance Services
Request For Bid FY 2004
5
10. PERFORMANCE GUARANTY
A successful bidder shall warrant, by signing this proposal document, that bidder has the
financial capability to execute the contract as specified. Financial statements, including
balance sheet or statement of assets, liabilities and equity, profit and loss statement, or
income statement, and statement of cash flows for the prior fiscal year (past three, if available)
are requested to be attached as exhibits to the proposal documents. However, upon opening
of the bid package all contents therein are considered public records and the bidder may
desire to submit alternative evidence of financial capability.
The bidder, by signing the bid, certifies that bidder, its principals, and any previously owned
business is/are not and have never been in default to Monroe County under the terms of any
contract. (Default means failure to fulfill contractual obligations where County had to take
legal action to obtain remedy or where a bonding company had to make good for bidder.)
11. FAILURE OF BIDDER TO EXECUTE CONTRACT
Should the bidder to whom the contract is awarded fail or be unable to execute the contract for
any reason within fifteen (15) days after award of contract, then the contract may be awarded
to the next most responsive and responsible bidder.
gUALIFICA TIONS
The successful bidder must possess the following skills, equipment, expertise, etc. at the time
of the bidder's submittal:
A) All licenses necessary to provide said services;
B) Previous experience in providing each of the services required by this RFB;
C) Sufficient resources to perform the required services, including personnel and
equipment;
D) Documents specifying any individuals who are proposed as key staff to perform
significant productive time in implementing and overseeing the services required
under this contract.
EVALUATION
Evaluation of the bids received in response to this RFB shall include consideration of the
following:
A) All documentation required by the RFB are attached to the proposal.
B) Cost, total and by tasks, to County
C) Experience and technical qualifications:
1. Experience - evaluated on scope and quality of relevant experience and
past performance.
Long Distance Services
Request For Bid FY 2004
6
2. Technical - evaluated on evidence of technical capability of providing
service as outlined in RFB.
D) Financial stability and ability to perform for full contract term:
1. Past and present financial solvency as evidenced by financial statements,
and
2. Evidence of existing consulting contracts with other clients for similar
services.
Long Distance Services
Request For Bid FY 2004
7
SCOPE OF SERVICES
1. LONG DISTANCE AND SPECIAL FEATURES
The Monroe County Tourist Development Council through its advertising campaign
encourages prospective visitors to the Florida Keys and Key West to call via six (6) 800
numbers for information and/or a fulfillment package. Provider must have the ability to provide
a menu system allowing the caller to specify a specific Chamber of Commerce. Visitors calling
in on the main 800 (800-FLA-KEYS) number and who do not specify a Chamber of
Commerce, are directed through a routing feature to the various Chambers of Commerce by
percentage of calls received (example: Key West 54%; Big Pine 5%; Marathon 14%;
Islamorada 13% and Key Largo 14%). Provider must have the capability of adjusting this
feature when required. The remaining five (5) 800 numbers go directly to the specific
Chamber of Commerce.
Provider must also have the capability of providing an announcement feature and re-routing of
all calls to another source in the event calls cannot be received by the Chambers of
Commerce (natural disaster, breakdown of communications within the Florida Keys, etc.).
SUBMISSION OF BID PROPOSAL
1. INSTRUCTIONS FOR ORIGINALS. COPIES. TIME. PLACE & ENVELOPE
Sealed bids with two (2) signed originals and two (2) copies, submitted on the attached
proposal forms shall be addressed to the Office of Purchasing. 1100 Simonton Street.
room 2-213. Kev West. FL 33040, no later than 11 :00 a.moo on March 31. 2004.
Bids received after the above-stated time and date for opening shall be automatically
disqualified. Telegraphic bids shall not be considered.
Envelopes should be sealed, addressed as stated above, with the envelope clearly marked
"Long Distance Services" as well as the name and address of the bidder.
2. AFFIDAVITS AND PROPOSAL DOCUMENT
All bids shall be complete and submitted with the required number of copies. Forms which
must be completed, executed and submitted with the proposal documents are attached hereto
(see pages 1 0-12) a nd a re as follows:
Scope of Services Bid Form
Non-Collusion Statement
Drug-Free Workplace
Additionally, the successful bidder will be required to sign an Ethics Clause, Form MCP #4,
prior to commencement of a contract.
Long Distance Services
Request For Bid FY 2004
8
THE PROPOSAL AND AFFIDAVITS' SIGNATURE PAGES MUST BE SIGNED BY AN
AUTHORIZED PERSON. If proposal is submitted on behalf of any corporation, it must be
signed in the name of the corporation by the corporate president or such other officer as an
attached resolution of the corporations' board of directors authorizes to sign binding contracts.
(Attach resolution if applicable.)
FAILURE TO COMPLY WITH REQUIREMENTS FOR SIGNATURES SHALL BE CAUSE
FOR REJECTION OF PROPOSAL.
Long Distance Services
Request For Bid FY 2004
9
SCOPE OF SERVICES BID FORM
1. Provider shall supply long distance telephone service to the five (5) Monroe County
Chambers of Commerce located in Key Largo, Islamorada, Marathon, Big Pine and Key West
and to the office of the Tourist Development Council located at 1201 White Street, Suite 102,
Key West, FL 33040-3328.
2. Provider shall supply the special service features that would include basic routing,
redirection, announcements and other control features applicable.
3. Provider shall furnish all labor, materials, supervision and equipment to accomplish the
Scope of Services.
4. Provider shall charge the amount of $
(Canada included) long distance usage.
per minute for Domestic
5. Provider shall charge per month for each of the following features:
Cost
6. Enhanced Announcement features
7. Basic routing features
(call routing, time manager, emergency routing)
8. Call redirection features
9. Detailed billing on Disc
10. Other optional control Features
List
Date:
Bidder's Signature
Long Distance Services
Request For Bid FY 2004
10
NON-COLLUSION AFFIDAVIT and VERIFICATION
I, , of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1)
lam
project described as follows:
, the Bidder making the Bid for the
2) The prices in this Bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other Bidder or with any competitor:
3) Unless otherwise required by law, the prices which have been quoted in this Bid have
not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the
Bidder prior to Bid opening, directly or indirectly, to any other Bidder or to any
competitor: and
4) No attempt has been made or will be made by the Bidder to induce any other person,
partnership or corporation to submit, or not to submit, a Bid for the purpose of restricting
competition:
The statements contained in this affidavit are true and correct, and made with full knowledge
that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
I HEREBY CERTIFY that I have read the forgoing application and that the facts stated herein
are true and correct to the best of my knowledge and belief.
President's Name Typed
President's Signature
Sworn to and subscribed before me this
day of
,2004.
-
Personally appeared
, and
known to be the persons named in and who executed the foregoing document.
My commission expires: Notary Public
State of
Long Distance Services
Request For Bid FY 2004
11
DRUG FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish 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.
1. Inform 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.
2. Give each employee engaged in providing the commodities or contractual services that
are under Bid a copy of the statement specified in subsection (1).
3. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under Bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Impose 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. Make 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 agency complies fully with the
above requirements.
Bidder's Signature
Date:
Long Distance Services
Request For Bid FY 2004
12
REQUIRED CONTRACT PROVISIONS
It is anticipated that a major provider of long distance services will have a pro forma contract
for use by its clients. In lieu of providing County's pro forma contract, which can be made
available upon request, this RFB sets forth those provisions which will have to be incorporated
into any contract resulting from an award of the bid under this RFB process. The following
paragraphs, or paragraphs containing the same meanings and requirements, shall be included
in any contract resulting from this RFB process:
1. INDEMNIFICATION
The contractor covenants and agrees to indemnify and hold harmless Monroe County Board
of County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the contractor or any of its subcontractor(s) in any
tier, occasioned by the negligence, errors, or other wrongful act or omission of the contractor
or its subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the contractor's failure to purchase or maintain the required
insurance, the contractor shall be indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the contractor is for the indemnification
provided for above. The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this contract.
2. LIQUIDATED DAMAGES
The County reserves the right to charge the contractor $50.00, unless otherwise specified in
contract, for every day that documents, materials, and/or services are not delivered in
accordance with the delivery schedule. The daily charge may be invoked at the discretion of
the County. This sum of liquidated damages shall be deducted from payment and/or charged
back to the contractor for payment to County.
1. Allowances for delays and waivers of liquidated damages
shall be effective only if granted in writing by BOCC. contractors
shall apply to BOCC in writing within five (5) days after the occur-
rence for which such allowance is claimed.
2. The decision of the County Commissioners as to what delays shall
not be charged against the contractor and the length of time for
which he shall be required to pay liquidated damages as specified
in the contract shall be final, conclusive, and binding upon both
parties to the contract.
Long Distance Services
Request For Bid FY 2004
13
A) NON-PERFORMANCE If delivery or execution of services under this contract
shall be delayed or suspended and if such failure arises out of causes beyond the control and
without fault or negligence of the contractor, the contractor shall notify the County, in writing,
within fifteen (15) days after the cause of the delay. Such causes may include, but are not
restricted to: Acts of God, Acts of the Public Enemy, Acts of any governmental entity in its
sovereign or contractual capacity, fires, floods, epidemics, restrictions, strikes, freights,
embargoes, and unusually severe weather. The County shall ascertain the facts and extent of
such failure, and if they determine that failure was occasioned by excusable causes, may
increase delivery time by a period equal to the aggregate time lost due to such causes.
B) TERMINATION FOR BREACH If the contractor does not comply with the above,
the termination for default provisions shall be invoked.
3. LABOR. WAGES. AND WORK SCHEDULE
Contractor shall comply with all federal, state and local laws governing minimum wages,
equal pay for equal work, and discrimination on the basis of race, color, religion, sex, national
origin, age, handicap, sexual orientation, marital status, or any other characteristic or aspect
which is not job-related. If contractor is a corporation incorporated in a state other than
Florida, contractor shall comply with the laws of the state of incorporation and the state of
Florida.
4. INSURANCE
The agency shall maintain the following required insurance throughout the entire term of the
contract and any extensions. Failure to comply with this provision may result in the immediate
suspension of all work until the required insurance has been reinstated or replaced. Delays in
the completion of work resulting from the failure of the agency to maintain the required
insurance shall not extend any deadlines specified in this contract and any penalties and
failure to perform assessments shall be imposed as if the work had not been suspended,
except for agency's failure to maintain the required insurance.
The agency shall provide, to the County, as satisfactory evidence of the required insurance,
either:
*
Original Certificate of Insurance
or
A Certified copy of the actual insurance policy
*
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All Insurance pOliCies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
The acceptance and/or approval of the agency's insurance shall not be construed as relieving
the agency from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Long Distance Services
Request For Bid FY 2004
14
Any deviations from these General Insurance Requirements must be requested in writing on
the County prepared from entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
A. Prior to the commencement of work governed by this contract the agency shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the agency shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain a minimum rating of A-V 1 , as
assigned by the A.M. Best Company.
B. Prior to the commencement of work governed by this contract, the agency shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket Contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per person
$1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Certificate Holder
and Additional Insured on all policies issued to satisfy the above requirements.
5. PERMITS
Contractor shall be responsible for securing all federal, state, local and utility permits and
licenses necessary to complete the contract.
6. TAXES
The County is exempt from federal, excise, and state of Florida sales tax and does not
reimburse contractor for any such taxes paid by contractor.
7. GOVERNING LAWNENUE
This contract shall be governed and construed by and in accordance with the laws of the State
of Florida and constitutes the entire contract between the County and Provider. Venue for any
dispute shall be in Monroe County.
Long Distance Services
Request For Bid FY 2004
15
8. TERMINATION FOR DEFAULT/CONVENIENCE
A) The County reserves the right to terminate any contract and contractor if there
shall be failure by contractor at any time to promptly perform faithfully any of its stipulations or
in case of any willful attempt to impose upon the County materials, reports, products and/or
services inferior to that required by the contract. Any action taken pursuant to this stipulation
shall not affect or impair any right or claims of the County to damages for the contractor's
breach of any requirements of the contract. Termination for cause shall require written notice
to the contractor, giving an effective date of termination which may be immediate. County
shall not be obligated for any services rendered after said termination date.
B) Any cost and/or expense incurred under (A) above shall be deducted from and
paid by the County out of such monies as may be due or become due to the contractor. In
case such expenses shall exceed the amount which would have been payable under the
contract if the same had been completed by the contractor, contractor or its surety shall pay
the amount of such excess to the County. In the event that any contractor fails to execute and
perform any contract awarded to same, contractor shall forfeit the right to proposal on any
future County contract for a period of time determined by the BOCC and the contractor shall
be liable for any costs incurred by the County as a result of contractor's default.
C) The performance of work under this contract may be terminated by the County
with or without cause whenever the County shall determine that such termination is in the best
interest of the County, including but not limited to the event that funding is reduced or
becomes unavailable. Any such termination shall be effected by delivery to contractor of a
Notice of Termination specifying the extent to and conditions under which performance of work
under this contract is terminated, and the date upon which such termination becomes
effective. contractor shall be entitled only to compensation for services rendered through the
effective date of termination, and County shall not be obligated to pay for any services
rendered thereafter. Termination without cause and/or due to reduction or nonavailability of
funding shall require at least sixty (60) days written notice. Termination with cause shall
require at least five working days written notice.
9. NON-DISCRIMINATION
During the term of this contract, contractor shall comply fully with all applicable federal, state
and local laws concerning non-discrimination and, does, by signing this proposal, further agree
as follows:
A) Contractor will not discriminate against any employee, applicant for employment,
contractor or other person on the basis of race, color, religion, sex, national origin, sexual
orientation, or handicap where the handicap does not affect an individual's ability to perform in
a contractual or employment position.
B) Contractor shall include the provision of paragraph (A) above in any subcontracts
entered for purposes of fulfilling contractor's obligations under this contract.
C) Contractor agrees to open its records concerning equal opportunity employment
and non-discrimination policies and procedures to County upon reasonable request for
inspection during normal working hours.
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16
10. PAYMENTS
Contractor shall submit all documentation required by the County Finance Department in
accordance with instructions from said department prior to payment of any funds awarded.
Any inquiries regarding such documentation requirements shall be addressed initially to the
Administrative Office of the Tourist Develooment Council (305-296-1552), but a prospective
contractor may be directed to contact the County Finance Department for specific answers to
specific inquiries.
11. SUBLETTING OR ASSIGNMENT
The contractor shall give his full personal attention constantly to the faithful execution of the
contract and shall keep same under his control. Assignment or subletting any part after the
award of the contract shall require approval in writing of the County. The contractor shall not,
either legally or equitably, assign any of the monies payable under the contract, or its claims
thereto, unless with the written consent of the County. Nothing contained in the contract
documents shall create any contractual relationship between any subcontractor and the
County.
12. CONTRACTOR'S COOPERATION
The contractor shall actively cooperate in all matters pertaining to the proper completion of the
contract services and shall come to such meetings of the County whenever requested in
connection with the performance of the contract.
13. GENERAL RESPONSIBILITY OF CONTRACTORS
A) All equipment, materials and/or services furnished under this contract shall be in
complete compliance with all current federal, state, city and local regulations, standards,
laws/ordinances and statutes in any matter affecting performance and pricing under the
contract, and must meet or exceed specification requirements.
B) Contractor shall advise the County of any reductions in prices or wages of any
awarded items covered under the contract which occur after the date of submission of bids as
a result of government control actions. In the event reductions occur after award is made but
prior to invoicing, then these reductions shall be automatically computed and become the
controlling prices of the contract. If price reductions occur after delivery and invoicing,
contractor shall resubmit any reductions to the County in the form of a check made payable to
Monroe County.
C) The contractor shall, prior to or at the time of executing the contract, exhibit to
the County all licenses and permits required for the performance of the work referred to
herein.
D) The contractor shall further pay all royalties, charges and fees, and give all
notices necessary and incident to the due and lawful prosecution of the work, shall identify in
his proposal such amounts applicable to the foregoing, and upon request of the County,
submit written evidence of compliance with the provisions.
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17
E) The contractor shall inform the county of any and all circumstances which may
impede progress of the work or inhibit the performance of the contract including, but not
limited to, bankruptcy, dissolution or liquidation, merger, sale of business, assignment, etc.
14. CHANGES TO CONTRACT
After the contract award, if either party desires changes to the contract, it must be requested
and accepted, in a written contract, signed by both parties. No variations from the contract
price and/or schedule, either by addition to or deduction, shall be made without this written
contract.
15. ACCESS AND RETENTION OF RECORDS
For all negotiated contracts or changes to contracts, the County Clerk, State Auditor General,
the cognizant federal agency or the Comptroller General of the United States or any of their
duly authorized representatives shall have access to any books, documents, papers, and
records of the contractor which are directly related to the specific contract, for the purpose of
making audit, examination, excerpts and transcriptions. Contractors shall maintain all required
records for at least three (3) years after the County has made final payments and all other
pending matters are closed.
16. COORDINATION WITH COUNTY
The services and documents required under this contract are to be carried out in coordination
with the Administrative Office of the Tourist Develooment Council. The work and material
shall be strictly of the best quality of the kinds herein specified and should any work or
materials other than those specified or shown be introduced into the work process, the County
shall have full power to reject them. Should the contractor persist in utilizing improper work or
rejected materials, which shall give rise to the necessity for a superintendent to constantly
monitor the activities of the contractor, the County shall have full power to employ such a
superintendent at the expense of the contractor. Said superintendent shall be paid from time
to time out of any money due or becoming due to the contractor. The County shall have the
power to continue the employment of such superintendent until the completion of all work
under the contract.
17. TRADE SECRETS AND CONFIDENTIAL INFORMATION
Trade secrets and confidential information may be subject to public disclosure under the State
Government in the Sunshine Law and Public Records Law unless protected by preemptive
Federal law. Mark clearly any items which you consider to be a trade secret or confidential,
although state law will be applied on a case-by-case basis to determine whether the content
will be subject to public disclosure.
18. ORDER OF PRECEDENCE
In any and all cases of conflict between the contract, the Scope of Services, the General
Conditions and Special Conditions of the RFB, the following order of precedence will be given:
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A) Contract language
B) Special Conditions of RFB
C) Specifications of Scope of Services
D) General Conditions of RFB
E) Bid
19. INVOICES
Deliver original invoices with one copy and supporting data for each to the Administrative
Office, Monroe County Tourist Development Council, 1201 White Street, Suite 102, Key West,
Florida 33040-3328.
End of document - Long Distances Services
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