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Okaloosa County BOCC — December 4, 2012 — Internal Auditing Services — reading text

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under previous contract. g) The Board, in its absolute discretion, may reject any proposal of a proposer 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, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. 5. Discrimination Clause An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 6. Payment Will be negotiated with the successful contractor. 7. Terms The term of this contract will be for three (3) years with one (1) three (3) year optional renewal if in agreement by both parties. 8. Collusion By offering a submission to this Request for Proposals, the Proposer, and in the case of a joint proposal, each Proposer certifies the Proposer has not divulged to, discussed 13 or compared his proposal with other Proposers and has not colluded with any other Proposer or parties to this proposal whatsoever. 9. Subcontract/Joint Proposals If subcontracting or joint proposals are to be done, that fact, and the name of the proposed subcontracting firms, must be clearly identified in the proposal. Following the award of the audit contract, no additional subcontracting will be allowed without the express prior written consent of Okaloosa County. 10. Lobbying Proposers, their agents and associates shall not contact or solicit any County Commissioner, County employee, or official regarding this Request for Proposals during any phase of this Request for Proposals. Failure to comply with this provision may result in disqualification of the Proposer, at the option of the County. Only that individual listed as the contact person in the specifications shall be contacted. 11. Proposal Information For information relating to proposal, contact Richard Brannon at the Okaloosa County Purchasing Department, 602-C North Pearl St, Crestview, FL 32536; 850-689- 5960. 12. Availability of Prior External Audit Reports Interested proposers who wish to review prior years’ audit reports and management letters should also contact Richard Brannon. 14 INSURANCE REQUIREMENTS (Appendix A) Contractor’s Insurance A. The CONTRACTOR shall not commence any work in connection with this Agreement until he has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Manager. B. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the Best Key Rating Guide published A. M. Best & Co., Inc. C. All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance. D. The County of Okaloosa shall be listed as Additional Insured by policy endorsement on all insurance contracts applicable to this Agreement except Workers’ Compensation and Professional Liability. E. The County of Okaloosa shall be furnished proof of coverage by certificates of insurance (COI) and endorsements for every applicable insurance contract required by this Agreement. The COI’s and policy endorsements must be delivered to the County Representative not less than ten (10) days prior to the commencement of any and all contractual agreements between the County of Okaloosa and the CONTRACTOR. F. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60-day notice to the CONTRACTOR. G. The insurance definition of Insured or Additional Insured shall include Subcontractor, Sub-subcontractor, and any associated or subsidiary companies of the CONTRACTOR, which are involved, and which is a part of the contract. H. The County reserves the right at any time to require the CONTRACTOR to provide certified copies of any insurance policies to document the insurance coverage specified in this Agreement. I. The designation of CONTRACTOR shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the Workers’ Compensation coverage. 15 J. All policies shall be written so that the County will be notified of cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such cancellation or amendment. Such notice shall be given directly to the County Representative. Workers’ Compensation Insurance A. The CONTRACTOR shall secure and maintain during the life of this agreement Workers’ Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County of Okaloosa, the CONTRACTOR shall require the Subcontractor similarly to provide Workers’ Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished the County of Okaloosa not less than ten (10) days prior to the commencement of any and all subcontractual agreements which have been approved by the County of Okaloosa. B. Such insurance shall comply with the Florida Workers’ Compensation Law. C. No class of employee, including the CONTRACTOR himself, shall be excluded from the Workers’ Compensation insurance coverage. The Workers’ Compensation insurance shall also include Employer’s Liability coverage. Business Automobile and Commercial General Liability Insurance A. The CONTRACTOR shall maintain Business Automobile Liability insurance coverage throughout the life of this Agreement. The insurance shall include Owned, Non- owned & Hired Motor Vehicle coverage. B. The CONTRACTOR shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. The coverage shall include both On-and Off-Premises Operations, Contractual Liability, Board Form Property Damage, and Professional Liability. C. All liability insurance (other than Professional Liability) shall be written on an occurrence basis and shall not be written on a claim-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the Limits of Liability, the CONTRACTOR shall notify the County representative in writing. The CONTRACTOR shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. D. Commercial General Liability coverage shall be endorsed to include the following: 16 1.) Premises – Operation Liability 2.) Occurrence Bodily Injury and Property Damage Liability 3.) Independent Contractor’s Liability 4.) Completed Operations and Products Liability E. CONTRACTOR shall agree to keep in continuous force Commercial General Liability coverage and Professional Liability for two (2) years beyond termination of services. Limits of Liability The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer’s liability with limits as prescribed in this contract: LIMIT A. Worker’s Compensation 1.) State Statutory 2.) Employer’s Liability $1,000,000 each accident B. Business Automobile & Commercial $1,000,000 each occurrence General Liability Insurance (A combined single limit) C. Personal and Advertising Injury $250,000 D. Professional Liability $1,000,000 each occurrence (A combined single limit) Notice of Claims or Litigation The CONTRACTOR agrees to report any incident or claim that results from performance of this Agreement. The County representative shall receive written notice in the form of a detailed written report describing the incident or claim within ten (10) days of the CONTRACTOR’s knowledge. In the event such incident or claim involves injury and/or property damage to a third party, verbal notification shall be given the same day the CONTRACTOR becomes aware of the incident or claim followed by a written detailed report within ten (10) days of verbal notification. Indemnification & Hold Harmless To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses,

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