Okaloosa County BOCC — April 27, 2013 — reading text

when the County Multi-Year Plan is presented to the Federal agency(ies) and potentially other agencies who must approve or coordinate on the Multi-Year Plan. (Please address this in your proposal). 10. Cost/Budget: All proposals must list an annual fee (See Bid Sheet) and a summary of your fee schedule (Hourly rates). 11. Each proposer must disclose whether they have contracted with or have submitted proposals to contract with any other Florida counties on RESTORE Act issues. (Please list each individual county and whether you have been selected for a contract or whether there is a proposal submitted). 12. Term: The County will enter into a one (1) year contract with the successful consultant. The County will reserve the right to cancel with sixty (60) day advance notice for failure to provide successful results, or in the event funding is exhausted and services are no longer required. The contract may be renewed for two (2) additional one (1) year periods if agreed to by both parties. 13. The successful consultant will be qualified in multiple disciplines (engineering, environmental, economic, etc.) and must work at the direction of the County Administrator or RESTORE Act Coordinator in the development of the Multi-Year Plan (5 years minimum), and assist the RESTORE Act Coordinator and the ORAC in their evaluation process when projects begin the critiquing process. Last Revised- 03-07-2013 Page 5 Packet Pg. 649  8.6.a.a 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 Attachment: RESTORE Act Consulting Draft RFP (1507 : Restore Act Consulting Services RFP & Committee) 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 Packet Pg. 650  8.6.a.a 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 Attachment: RESTORE Act Consulting Draft RFP (1507 : Restore Act Consulting Services RFP & Committee) 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 Packet Pg. 651  8.6.a.a 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: Attachment: RESTORE Act Consulting Draft RFP (1507 : Restore Act Consulting Services RFP & Committee) 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