Okaloosa County BOCC — April 27, 2013 — RESTORE Act Consulting Draft RFP — reading text

Page 5  SPECIAL CONDITIONS 1. Applicable Laws & Regulations – The proposers attention is directed to the fact that all applicable state laws, county ordinances, orders, rules, and regulations of all authorities having jurisdiction over project shall apply to the proposal throughout, and they will be deemed to be included in the contract as if they are included. 2. Indemnification & Hold Harmless – Each proposer must submit an executed sworn certification that they will comply with the Hold Harmless Clause in accordance with the provisions of Florida Statutes, Section 725.06. To the fullest extent permitted by law, Proposer shall indemnify and hold harmless the COUNTY, its officers and employees from liabilities, damages, losses, and costs including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Proposer and other persons employed or utilized by the Proposer in the performance of this contract. Note: For proposer’s convenience, this certification form is enclosed and is made a part of the proposal package. 3. Conflict of Interest - The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposals the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its divisions. Furthermore, any person required to make a disclosure pursuant to the above prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, if he is an officer or employee of the County, disclosing their own, spouse’s, or child’s interest and the nature of the intended business. Note: For proposer’s convenience, this certification form is enclosed and is made a part of the proposal package. 4. Public Entity Crime Information - A person or affiliate who has been placed on the Convicted Vendor List, Suspended Vendor List, Discriminatory Vendor List (found online at www.dms.myflorida.com), or Federal Excluded Parties List (found online at www.sam.gov) following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases 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. 5. Investigation of Proposer – The County may make such investigations, as it deems necessary, to determine the ability of the consultant to perform the work and that there is Last Revised- 03-07-2013 Page 6  no conflict of interest as it relates to the projects. The consultant shall furnish to the Owner any additional information and financial data for this purpose as the County requests. 6. The Contract Documents – The contract documents consist of the proposal documents, technical specifications, the consultants proposal, addenda issued prior to execution of the agreement, other documents specifically incorporated by reference in the contract documents, and modifications issued after execution of the agreement. A modification is: 1. A written amendment to the contract signed by both parties; 2. A written change order, signed by both parties. 7. Miscellaneous Provisions – The agreement will be executed and delivered in the State of Florida and all disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the State of Florida. Venue for all purposes shall be exclusively in Okaloosa County, Florida. The proposer’s attention is directed to the fact that all applicable laws, County and municipal ordinances, orders, rules and regulations of all authorities having jurisdiction over the project shall apply to the proposal throughout, and they will be deemed to be included in the contract the same as though they were written out in full herein. This agreement and the related contract documents may be modified or amended only by written instrument, signed by both parties. In the event any term or provision of this agreement or the related contract documents shall to any extent be held to be illegal, invalid, unenforceable, or non-operative as a matter of law, the remaining terms and provisions of this agreement shall not be affected thereby, but each such term and provision shall be valid and shall remain in full force and effect. 8. Conditional & Incomplete Proposals – The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will reject those that make it impossible to determine the true amount of the proposal. 9. Reorganization & Bankruptcy Proceedings – Proposals will not be considered from vendors who are currently involved in official financial reorganization or bankruptcy proceedings. 10. Right to Waive and Reject - A. The Board, in its absolute discretion, may reject any proposal that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way to perform a prior contract in a satisfactory manner. B. The County reserves the right to award the proposal to the proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. The Board of County Commissioners shall be the sole judge of the proposals and the resulting negotiated agreement that is in the best interest of the County and its decision shall be final. C. The Board of County Commissioners reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state Last Revised- 03-07-2013 Page 7  contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgment will best serve the interest of the County. 11. Disqualification of Proposers - Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of their proposal or proposals: A. More than one proposal for the same work from an individual, firm or company under the same or different name. B. Evidence that the proposer has a financial interest in the firm of another proposer for the same work. C. Evidence of collusion among proposers. Participants in such collusion will receive no recognition as proposers for any future work of the County until such participant shall have been reinstated as a qualified proposer. D. Incomplete work which in the judgement of the County might hinder or prevent the prompt completion of additional work if awarded. E. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement inviting proposals. F. Default under previous contract. 12. Preparation of Proposals – Proposals must be submitted upon the prescribed forms provided herein. All blank spaces must be filled in, as noted, in ink or typed in both words and numbers with the amount extended and totaled. In case of any discrepancy between the written amount and the figures, the written amounts shall govern. Any proposals may be rejected that contain any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for or which shall in any manner fail to conform to the conditions or published notice inviting proposals. 14. Regulation & Ordinances – The proposer is required to be familiar with all Federal, State, and Local Laws, Ordinances, Codes, rules, and regulations that may in any way affect the work. Ignorance on the part of the proposer shall in no way relieve proposer from responsibility. 15. Prohibition Against Contingent Fees – Florida Statute 287.055(6)(a) requires the following statement, duly signed and notarized, be included in each submittal: “The respondent warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the respondent to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the respondent, any fee, commission or percentage, gift or other consideration contingent upon or resulting from award or making of this agreement.” 16. Protection of Resident Workers – The Okaloosa County Board of County Commissioners actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States, (i.e., Last Revised- 03-07-2013 Page 8  citizens and nationals of the U.S.) and aliens authorized to work in the U. S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification. The contractor shall establish appropriate procedures and controls so no services or products under the contract documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request documentation showing compliance with these requirements. Proposers doing construction business with Okaloosa County are required to use the Federal Government Department of Homeland Security’s website and use the E-Verify Employment Eligibility & Verification System to confirm eligibility of all employees to work in the United Sates. 17. POLICY ON “NO CONTACT CLAUSE” The Okaloosa County Board of County Commissioners has established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal