lifeguard service - florida bid system

lifeguard service - florida bid system LIFEGUARD SERVICE FOR OKALOOSA COUNTY PARKS & ACCESSWAYS BID #: PS 25-04 BID OPENED: APRIL 1, 2004 @ 2:05 P.M. NOTICE TO BIDDERS Notice is hereby given that the Board of County Commissioners of Okaloosa County, FL will accept sealed bids until 2:05 p.m. (local time) April 1, 2004 for Lifeguard Service for Okaloosa County Parks & Accessways. Pursuant to copies of bid provisions, bid forms and specifications may be obtained from the Okaloosa County Purchasing Department, 602-C North Pearl St., Crestview, FL 32536, Phone # 850-689-5960 or they may be downloaded from our website at www.co.okaloosa.fl.us (County Dept., Purchasing, Competitive Solicitation Information (lower left-hand corner) and then Current). At 2:05 p.m. (local time), April 1, 2004, the bids will be opened and read aloud. All bids must be in sealed envelopes reflecting on the outside thereof the bidder’s name and “Bid on Lifeguard Service for Okaloosa County Parks and Accessways to be opened at 2:05 p.m., April 1, 2004.” The Board of County Commissioners will consider all bids properly submitted at its scheduled Bid Opening in the Board of County Commissioners Meetings Room #120, at the Courthouse, 101 E James Lee Blvd., Crestview FL 32536. Bids may be submitted in the Boards Meeting Room #120, prior to Bid Opening or delivered to the Clerk of Circuit Court, Office #118, at the Courthouse in Crestview, FL. There is no obligation on the part of the County to award the bid to the lowest bidder, and the County reserves the right to award the bid to the bidder submitting a responsive bid with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa County, and to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting negotiating agreement that is in its best interest and its decision shall be final. Any bidder failing to mark outside of envelope as set forth herein may not be entitled to have their bid considered. All bids should be addressed as follows: Clerk of Circuit Court Attn: Gary Stanford Okaloosa County Courthouse 101 E James Lee Blvd, #118 Crestview FL 32536 //Signed// Richard L Brannon Purchasing Director BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Elaine Tucker Chairman Last Revised - 6/12/2016 1 CONTRACT/SPECIFICATIONS FOR PROVIDING LIFEGUARD AND/OR BEACH CONCESSION SERVICES BID #: PS 25-04 WHEREAS, Okaloosa County has devoted certain properties under its control to recreational purposes for the use and enjoyment of the general public; and WHEREAS, Okaloosa County desires to provide lifeguard services for the protection of the bathers in Okaloosa County, and WHEREAS, Okaloosa County desires its lifeguard service contractor to be experienced in Open Water Surf Rescue, and the preferred contractor will possess the Open Water Lifeguard Agency Certification from The United States Lifesaving Association; and WHEREAS, Okaloosa County may consider the provision of beach concession services as a means of reducing the costs of providing lifeguard services (as stated on the Bid Sheet); and WHEREAS, those persons, firms, or corporations desiring to provide the services as provided herein are by execution hereof agreeing to provide the services in accordance with the terms and conditions hereof; and NOW, THEREFORE, the undersigned (hereinafter called “Contractor”) does hereby agree to provide lifeguard services pursuant to the terms and conditions hereof; and Okaloosa County (hereinafter called “County”) does hereby agree to pay for those services the amount bid herein by Contractor. 1. Lifeguard services shall commence on the second Saturday in March and shall continue on all weekends, Saturday and Sunday, during March, April and May. It shall also include Good Friday. Beginning June 1, services shall continue on a daily basis through Labor Day. After Labor Day, services shall continue on weekends, Saturday and Sunday, through the second weekend in October. Contractor shall provide at least two lifeguards on duty at each of the following parks from 9:00 a.m. until 6:00 p.m. daily. NOTE: During peak seasons, and at some locations, the demand for number of lifeguards may exceed the two per park requirement for short periods of time. Please address in writing your plan to provide additional lifeguards, if needed, and your cost, if any, for providing. a. The following parks/accessways will be included in the base bid: JOHN BEASLEY PARK FIRST ACCESSWAY ROSS MARLER PARK SECOND ACCESSWAY NEWMAN C BRACKIN PARK THIRD ACCESSWAY JAMES LEE PARK SEVENTH ACCESSWAY Last Revised - 6/12/2016 2 b. The following Destin area parks/ accessways will be included in the alternate bid: (Bidders are requested to price the four (4) accessways located in the City of Destin as a separate item (see Bid Sheet). This portion of the bid may result in a separate negotiated contract with the City of Destin.) HOLIDAY ISLE – NORRIEGO POINT HOLIDAY ISLE – O’STEEN BEACH PUBLIC ACCESS (Note: There is no contiguous beach between Waterview Towers and Destin On The Gulf Condominiums; the west side of this zone will require access from Norriego Point). RESTAURANT ROW – SILVER BEACH RESTAURANT ROW – JUN WHITE DECKER PARK CRYSTAL BEACH – SHIRAH STREET BEACH ACCESS CRYSTAL BEACH – HUTCHINSON STREET BEACH ACCESS CRYSTAL BEACH – CRYSTAL BEACH DRIVE BEACH ACCESS CRYSTAL BEACH – POMPANO STREET BEACH ACCESS CRYSTAL BEACH – BARRACUDA STREET BEACH ACCESS 2. Contractor shall possess USLA Open Water Lifeguard Agency Certification or possess documented experience in Open Water Lifeguarding and Surf Rescue, and agree to apply for USLA Open Water Lifeguard Agency Certification within 18 months of the contract commencement date. 3. All lifeguards employed by Contractor pursuant hereto must be at least 18 years of age, have documented United States Lifesaving Association Open Water Lifeguard training or equivalent, a Certificate of First Aid, and Cardiopulmonary Resuscitation (CPR) course completion certificate. “The CPR course certificate shall be from either the American Heart Association CPR BLS “C” course, American Red Cross CPR BLS for the Professional Rescuer or a National Safety Council Level II CPR Course.” Copies of all guard certificates must be filed with the County Public Safety Department at #G-118 of the Courthouse Annex, Shalimar, FL, prior to duty pursuant hereto. 4. Contractor shall furnish and be responsible for the maintenance of the following equipment at each park/accessway: a. Lifeguard Tower (ATV’s will be substituted for the Destin accessway) b. First Aid Kit to include a pocket mask and rubber medical gloves c. Buoys d. Rescue Type surfboard e. Lifeguard Identification Sign f. Flag Information Signs g. A radio for each tower capable of communicating with Central Fire Dispatch or EMS Dispatch h. Contractor shall be responsible to keep the beaches in a neat and orderly condition, and shall remove all trash or other debris (in the Tower area) therefrom on a daily basis. 5. Contractor shall be responsible for hoisting and lowering swimming safety flags at all locations. Last Revised - 6/12/2016 3 6. Contractor shall be responsible for assuring at all times while lifeguards are on duty, one lifeguard shall be on the lifeguard tower and one lifeguard shall be patrolling the beach. The Contractor and his employees will take due diligence to observe the area of their responsibility for swimmers or beachgoers in distress and will make reasonable efforts to perform first-responder rescue and assistance to such persons. 7. Contractor shall require that all lifeguards be dressed in neat and orderly uniforms consisting of swim trunks and shirts identifying them as lifeguards. No lifeguard shall be permitted to report for duty unless dressed in the uniform of the day. 8. Contractor shall be responsible for assuring that all lifeguards employed pursuant hereto obey the following minimum rules and regulations prohibiting: a. Being under the influence of alcohol, including the consumption of alcohol or presence of alcohol on the breath while on duty. b. Being under the influence of a controlled substance, including the manufacture, distribution, dispensation or possession of a controlled substance while on duty. c. Conduct unbecoming a lifeguard. d. Immoral conduct while on duty. e. Neglect of duty. f. Violation of any criminal law. g. Inattention to duty. h. Sleeping while on duty. i. Disobedience of orders. j. Laziness. k. Disorderly conduct while on or off duty. l. Leaving station without being properly relieved, except in case of an emergency or due to inclement weather. m. Willful maltreatment of the public. Be courteous when dealing with the public. n. Receiving bribes of money, valuables, fees, rewards or gifts for services rendered in connection with any official duty. o. Refusing to give badge number or name when requested. p. Talking or visiting with lifeguards or citizens, except on official business, is forbidden either on the station or on the beach while on duty. Last Revised - 6/12/2016 4 9. Insurance Requirements (Each contract resulting from this bid may require separate insurance certification) Contractor’s Insurance 1. 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 Management Officer nor shall the Contractor allow any subcontractor (approved by County of Okaloosa) to commence work in this subcontract until all similar insurance required of the subcontractor has been so obtained and approved. 2. 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’s Key Rating Guide published A.M. Best & Co., Inc. 3. The County of Okaloosa shall be furnished proof of coverage by a certified, complete duplicate of all insurance contracts including every endorsement. The complete insurance contracts 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. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this Agreement. 4. The insurance definition of Insured or Additional Insured shall include subcontractor, sub-subcontractor and any associated or subsidiary companies of the Contractor that are involved and which are part of the contract. 5. The County of Okaloosa reserves the right during the term of this contract to request additional certified copies of any insurance contracts to support any Certificates of Insurance. At any time the insurance coverage is unacceptable to the County of Okaloosa, the County reserves the right to terminate this contractual agreement. 6. 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. 7. All policies shall be written so that the County of Okaloosa will be notified of cancellation or restricted amendments at least thirty (30) days prior to the effective date of such cancellation or amendment, such notice to be given directly to the County representative. 8. All insurance contracts should list Okaloosa County as an Additional Insured. The Contractor shall provide the County current Certificates of Insurance for all policies except the Workers’ Compensation and Professional Liability policies. Last Revised - 6/12/2016 5 Workers’ Compensation Insurance: 1. 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. 2. Such insurance shall comply with the Florida Workers’ Compensation Law. 3. 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 Public Liability Insurance 1. 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. 2. The Contractor shall carry Commercial General Liability insurance against Bodily Injury, Property Damage and Personal and Advertising Injury exposures. The coverage shall include both On-and Off-Premises Operations, and Contractual Liability. Also, Contractor shall carry Professional Liability coverage to include sexual harassment. 3. 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. 4. Public liability coverage shall be endorsed to include the following: a. Premises – Operation Liability b. Occurrence Bodily Injury and Property Damage Liability c. Independent Contractor’s Liability d. Completed Operations and Products Liability Last Revised - 6/12/2016 6 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 1. Worker’s Compensation 1) State Statutory 2) Employer’s Liability $1 million per accident 2. Business Automobile and $1,000,000 each occurrence Commercial General Liability (A combined single limit) Insurance 3. Personal and Advertising Injury $250,000 4. Professional Liability $1,000,000 Notice of Claims or Litigation The Contractor agrees to report any incident or claim that results from performance of this Agreement. Within ten (10) days of the Contractor’s knowledge, the County representative shall receive written notice describing the incident or claim. In the event such incident or claim involves injury or property damage to a third party, verbal notification shall be given the same day the Contractor becomes aware of the incident or claim. A detailed written report is to be made within ten (10) days. Indemnification and Hold Harmless To the fullest extent permitted by law, Contractor shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this contract. Certificate of Insurance 1. 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 Insureds under this policy shall be primary insurance. If the Additional Insureds 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. 2. Certificates of insurance indicating all required coverage must be submitted to and approved by Okaloosa County prior to the commencement of any work. The certificate holder(s) shall be as follows: Last Revised - 6/12/2016 7 Okaloosa County 602-C North Pearl Street Crestview, Florida 32536 3. The Certificates of Insurance shall disclose any and all deductibles or self- insured detentions (SIRs). Deductibles or SIRs in excess of $10,000 will not be accepted unless specifically approved in writing by Okaloosa County. All deductibles or SIRs, whether approved by Okaloosa County or not, shall be the Contractor’s full responsibility. In particular, the Contractor shall afford full coverage as specified herein to entities listed as Additional Insureds. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. Specific written approval from Okaloosa County will only be provided upon demonstration that the Contractor has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. 4. In the event of failure of the Contractor to furnish and maintain said insurance and to furnish satisfactory evidence thereof, Okaloosa County shall have the right (but not the obligation) to take out and maintain insurance on the project. All costs for the coverage will be paid by Contractor upon presentation of a bill. DESTIN INSURANCE REQUIREMENTS Separate and likely different, insurance requirements shall be required by the City of Destin. General Terms Any type of insurance or increase of limits of liability not described above which the Contractor required for its own protection or on account of statute shall be its own responsibility and at its own expense. The carrying of the insurance described shall in no way be interpreted as relieving the Contractor of any responsibility under this contract. Should the Contractor engage a subcontractor or sub-subcontractor, the same conditions will apply under this agreement to each subcontractor and sub-subcontractor. The Contractor hereby waives all rights of subrogation against Okaloosa County and its consultants and other indemnities of the Contractor under all the foregoing policies of insurance. Umbrella Insurance 10. “Contractor shall furnish Cashier’s Check or Performance Bond in the amount of Ten Thousand Dollars ($10,000) at the time of submission of its bid or proposal as security for the faithful performance of this contract.” Last Revised - 6/12/2016 8 11. If permitted, Contractor shall be required to place all equipment available for rental at locations to be pre-approved by County and will comply with the following excerpt from the Okaloosa County Ordinance: A. Obstructions on the Beach: It shall be unlawful for beach chairs, umbrellas, tents, and other such personal articles to be on the beach in such a manner that they interfere with beach maintenance, nesting turtles, emergency vehicles or lifeguards view of the water. There shall be a minimum setback of twenty-five (25’) feet from the water’s edge and spacing of ten (10’) feet between chair/umbrella setups at John Beasley Park, Newman C. Brackin Park, James Lee Park, First Access Way, Second Access Way, Third Access Way and Seventh access Way. Spacing shall be measured from the edge of a fully open umbrella to the next fully opened umbrella. The minimum setback of twenty-five (25’) feet from the water’s edge shall also be applicable to all public beaches on Okaloosa Island. 12. Contractor shall have regular tests and skill practices for all guards to assure proper physical ability is maintained. County shall be notified in advance when these practices are held. NOTE: “The Contractor will allow verification and inspection of practice tests by notifying the Department of Public Safety at least 72 hours in advance and allowing a site visit by a member of the County’s Joint Water Rescue Team.” 13. County shall pay Contractor monthly on a pro rata basis to the total contract price. 14. Contractor shall be responsible for assuring the beach is in a safe condition, and shall report to County any condition which might require County action. 15. Contractor shall not rent or place on the beach any equipment which is or could be dangerous to the general public. 16. When initiating a rescue, the Contractor or his employee will exercise their best efforts to either contact fire or EMS dispatch by radio or insure that another person initiates a 911 call to report the location and nature of problem. 17. The lifeguard Contractor “is required” to enter into a Memorandum of Understanding (MOU) with the County’s Emergency Medical Services provider, as required by F.S.S. 401.435. A MOU from the Florida Department of Health is attached as pages 400-1 through 400-3. 18. Okaloosa County will require a Performance Bond from the successful contractor(s) in the following amounts: Combination Lifeguard & Concessions Contract One Bond for $10,000 Lifeguard Only Contract One Bond for $10,000 Concessions Only Contract One Bond for $10,000 Last Revised - 6/12/2016 9 19. The successful contractor(s) shall comply with all portions of the Okaloosa County Ordinance covering “County Recreation Areas” (see attached). Last Revised - 6/12/2016 10 LIFEGUARD CONCESSIONS If a separate concessions contract (without lifeguard service) is issued, the following shall be followed by the concession contractor: 1. No jet ski rentals will be allowed. 2. The Contractor will follow and obey all local, county, state and federal requirements. 3. The Contractor will obtain all necessary permits. 4. The Contractor will place rental equipment in COUNTY approved areas only and as specified in the Okaloosa County Ordinance. This must be coordinated through the Okaloosa County Parks Department (James Puckett 850-689-5772). 5. Contractor will be required to relocate or remove any equipment deemed to be unsafe by the COUNTY. 6. No beverage sales will be allowed. 7. The Contractor will insure that their area is kept in a clean manner and that all trash in their area be removed on a daily basis. 8. If overnight storage of any equipment is required, Okaloosa County will designate the location. 9. Contractor shall furnish a Cashier’s Check or Performance Bond in the amount of Ten Thousand ($10,000) Dollars at the time of submission of its bid or proposal as security for the faithful performance of this contract. 10. If Okaloosa County enters into a separate contract for Concessions, the contractor shall pay “Okaloosa County” monthly for the right to sell concessions. Checks will be mailed to: Okaloosa County Courthouse Finance Department 101 E James Lee Blvd Crestview FL 32536 11. The following items are the only items included in the concession agreement (whether contracted separately or included in the Lifeguard contract). A. Rental of chairs, umbrellas or surf / “boogie” boards. 12. Proof of insurance certification meeting the bid requirements. Last Revised - 6/12/2016 11 SPECIAL BID CONDITIONS 1. Right to Waive & Reject: A. 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. B. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to 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. Okaloosa County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest 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 contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgement will best serve the interest of the County. D. The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those which made it impossible to determine the true amount of the proposal. Each item must be proposed separately and no attempt is to be made to tie any item or items to any other item or items. 2. Disqualification of Bidders: Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of his proposal or proposals: A. More than one proposal for the same work from an individual firm or corporation 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. Uncompleted 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 of proposals. Last Revised - 6/12/2016 12 F. Default 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. 3. Investigation of Bidder: The owner may make such investigations as he deems necessary to determine the stability of the bidder to perform the work and that there is no conflict of interest as it relates to the project. The bidder shall furnish to the owner any additional information and financial data for the purpose as the owner may request. The data shall include a detailed and up-to-date list of plant equipment and materials which bidder proposes to use, indicating which portions he already possesses and a detailed description of the method and program or work to be done. 4. Preparation of Bids: Bids 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 amounts extended and totaled. No changes shall be made in phraseology of the form or in the items mentioned therein. In case of any discrepancy between the written amount and the figures, the written amounts shall govern. Any bid may be rejected which contains 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 of published notice inviting bids. 5. 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, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this Agreement. Note: For bidder’s convenience, this certification form is enclosed and is made a part of the bid package. 6. Conflict of Interest: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposal 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 officers or employees who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Last Revised - 6/12/2016 13 Furthermore, the official, prior to or at the time of submissions 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 his or spouse’s or child’s interest and nature of the intended business. Note: For bidder’s convenience, this certification form is enclosed and is made a part of the bid package. 7. Identical Tie Proposals: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to price, quality and service are received by the County for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process (see attached certification form). Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. Note: For bidder’s convenience, this certification form is enclosed and is made a part of the bid package. 8. Local Preference: Okaloosa County reserves the right to grant a preference to in-county bidders only when bids are received from firms located in states, counties, municipalities or other political subdivisions which offer preference to bidder located in such political subdivisions. The amount of preference given to local bidders will be the same as that given by the state, county, municipality or other political subdivision in which the out-of-county bidder is located. If the political subdivision in which a bidder is located offers a preference to its local firms, that bidder must plainly state the extent of such preference to include the amount and type preference offered. Any bidder failing to indicate such preference will be removed from the County bid list and any bids received from that firm will be rejected. Note: For bidder’s convenience, this certification form is enclosed and is made a part of the bid package. 9. Discrimination: Any 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. 10. Bid Opening: Bid Opening shall be public, on the date and time specified on the bid form. It is the bidder’s responsibility to assure that his bid is delivered at the proper time and place. Last Revised - 6/12/2016 14 Offers by telegram, facsimile, or telephone are NOT acceptable. NOTE: Crestview, FL is “not a next day guaranteed delivery location” by delivery services. Last Revised - 6/12/2016 15 INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. ____________________________ __________________________ Bidder’s Company Name Authorized Signature – Manual ____________________________ __________________________ Physical Address Authorized Signature – Typed ____________________________ __________________________ Mailing Address Title ____________________________ __________________________ Phone Number FAX Number ____________________________ __________________________ Cellular Number After-Hours Number(s) ____________________________ DATE (REVISED: JANUARY 12, 2001) Last Revised - 6/12/2016 16 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected officials(s), of if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their business. Indicate either “yes” (a county employee, elected official, or agency is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business. YES______________NO______________ NAME(S) POSITION(S) FIRM NAME: _____________________________________ BY (PRINTED): _____________________________________ BY (SIGNATURE): _____________________________________ TITLE: _____________________________________ ADDRESS: _____________________________________ _____________________________________ PHONE NO. _____________________________________ E-MAIL _____________________________________ Last Revised - 6/12/2016 17 DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED BIDDER CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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. 2. 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. 3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4. 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 quote, 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 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, drug abuse assistance or rehabilitation program if such is available in employee’s community, by any employee who is 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 this statement, I certify that this firm complies fully with the above requirements. DATE: _______________________ SIGNATURE: ____________________ COMPANY: _______________________ NAME: __________________________ (Typed or Printed) ADDRESS: _______________________ TITLE: __________________________ _______________________ E-MAIL: _________________________ _______________________ PHONE NO.: _______________________ Last Revised - 6/12/2016 18 LOCAL PREFERENCE DATA SHEET Refer to Special Bid Condition Does the state, county, municipality or political subdivision in which your firm is located offer a preference to their local bidders? (If your firm is located in Okaloosa County, you will check “NO.”) If “YES,” list below the extent of such preference. YES____________________ NO_______________________ ________________________ __________________________________ ________________________ __________________________________ ________________________ __________________________________ ________________________ __________________________________ _____________________________ _______________________________ Bidder’s Company Name Authorized Signature – Manual ______________________________ _______________________________ E-Mail Authorized Signature – Typed Last Revised - 6/12/2016 19 EMS & LIFEGUARD SERVICE AGENCY MODEL MEMORANDUM OF UNDERSTANDING The information contained in this agreement serves as a model only; the local memorandum of understanding (MOU) should be more specific. Items not mentioned in Section 401.435 F.S. may be included in the local agreement as long as they are consistent with Section 401.435 F.S. and are mutually agreed upon by the lifeguard agency and the licensed emergency medical services (EMS) provider. This agreement has been entered into between (Name of Lifeguard Service Agency) and Okaloosa County EMS, in order to coordinate patient care at emergency scenes. 1. Lifeguard staff will have the initial responsibility for medical and water rescue emergencies occurring in their service areas during duty hours. Lifeguard staff will be initially responsible for water rescue in the event of a multi-agency response to an emergency at beaches. 2. If the (Name of Lifeguard Service Agency) will be using the Emergency Medical Services Radio frequencies, or the EMS 800 frequencies (MED channels 1-10), the (Name of Lifeguard Service Agency) must obtain a sharing agreement from Okaloosa County EMS. During medical first response, the dispatch center for Okaloosa County EMS will coordinate communication. 3. Medical treatment performed by lifeguard staff will follow protocols approved by the Okaloosa County EMS Medical Director. 4. The Okaloosa County EMS and (Name of Lifeguard Service Agency) will notify each other when training opportunities occur which may be of mutual interest. 5. (Name of Lifeguard Service Agency) will provide reports and documentation of medical treatment of patients to Okaloosa County EMS in a mutually approved format. Okaloosa County EMS will log on uniform reports that (Name of Lifeguard Service Agency) provided initial care so that appropriate infectious disease exposure follow-up may be done, if indicated. During quality improvement reviews, Okaloosa County EMS will note whether treatment was done in accordance with protocols and report any deficiencies to (Name of Lifeguard Service Agency). FIRST RESPONSE QUALIFICATIONS To be eligible to perform as a first responder under this MOU, an individual must: 1. Successfully complete a course that meets or exceeds the 1994 U. S. Department of Transportation Emergency Medical Services, First Responder Training Course, and maintain competency through continuing medical education, and 2. Successfully complete an AHA CPR BLS Course “C”, or ARC CPR BLS for the Professional Rescuer, or an NSC Level II CPR course. Last Revised - 6/12/2016 20 FIRST RESPONDER RESPONSIBILITIES The first responder shall: 1. Upon request, provide documentation of current successful completion of the first responder course. 2. Maintain a current AHA CPR BLS Course “C” successful course completion card, or a current ARC CPR BLS for the Professional Rescuer successful course completion card, or a current NSC Level II CPR successful course completion card. 3. Upon arrival at the scene of a medical emergency, assess the condition of and initiate care for any sick or injured person, unless the health or safety of the first responder is jeopardized. 4. Relinquish patient care to, and cooperate with, the local EMS agencies upon their arrival on the scene. 5. Refrain from smoking while providing patient care. 6. Complete with the signed MOU between the first responder agency and Okaloosa County EMS. 7. Accrue continuing education that meets or exceeds the 1998 U.S. DOT EMS First Responder Refresher Course Curriculum or that meets the specific requirements for first responder continuing education as directed by the applicable sponsoring agency, if the requirements are different. DOCUMENTATION OF PATIENT CARE RENDERED BY THE LIFEGUARD SERVICE AGENCY 1. If feasible, the first responder will provide the chief complaint, and assessment findings; interventions; by whom performed and time performed, to the responding EMS crew prior to their departure from scene. 2. If time constraints on scene are such as to render the completion of written documentation unfeasible, the first responder will provide such information to the EMS crew verbally on scene and in written form to the Okaloosa County EMS after the EMS crew departs the scene. Written documentation must be considered confidential. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASE Okaloosa County EMS will log on the uniform run report that (Name of Lifeguard Service Agency) responded to the scene so that appropriate personnel can be notified if a potential for infectious disease exposure is determined to exist. Last Revised - 6/12/2016 21 OTHER AREAS OF AGREEMENT (IF APPLICABLE) 1. (Name of Lifeguard Service Agency) will meet quarterly for the duration of the contract with the Okaloosa County Public Safety Director and the EMS Division Chief to review responses for the previous quarter. This MOU must be maintained on file by Okaloosa County EMS, where it will be retained as part of the EMS licensee’s overall file. Agreed to and signed on this day of , 2004, by: Lifeguard Service Agency Director Okaloosa County Public Safety Director Effective Date of Agreement Okaloosa County EMS Medical Director Last Revised - 6/12/2016 22 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that ______________________________________________________________________ (Name of Contractor) ______________________________________________________________________ (Address of Contractor) a __________________________________________, hereinafter called Principal and (Corporation, Partnership or Individual) ______________________________________________________________________ (Name of Surety) ______________________________________________________________________ (Address of Surety) hereinafter called Surety, are held and firmly bound unto ______________________________________________________________________ (Name of Owner) ______________________________________________________________________ (Address of Owner) hereinafter called OWNER in the total aggregate penal sum of ____________________ _____________________________ Dollars ($ _________________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the __________ day of _______________, 20 _____, a copy of which is hereto attached and made a part hereof for _____________________________________________________________. NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the SURETY and during the one year guaranty period and if the PRINICIPAL shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expenses which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. Last Revised - 6/12/2016 23 I. PERFORMANCE BOND PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as so amended. The term “Amendment”, wherever used in this BOND, and whether referring to this BOND, or the CONTRACT DOCUMENTS, shall include any alteration, addition, extension or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiary hereunder. Last Revised - 6/12/2016 24 PERFORMANCE BOND IN WITNESS WHEREOF, this instrument is executed in 3 counterparts, each one of which shall be deemed an original, this the _________ day of _____________, 20 ___. ATTEST ______________________________ ________________________________ (PRINCIPAL) SECRETARY PRINCIPAL (SEAL) BY: __________________________(S) ________________________________ ________________________________ ADDRESS ______________________________ WITNESS AS TO PRINCIPAL ______________________________ ______________________________ ________________________________ ADDRESS SURETY ATTEST ______________________________ BY: ____________________________ WITNESS TO SURETY ATTORNEY-IN-FACT ______________________________ ________________________________ ______________________________ ________________________________ ADDRESS ADDRESS NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Last Revised - 6/12/2016 25 CONTRACT This agreement, in sextuple, executed in Crestview, Florida this _____ day of ___________________________ 2004 between the County of Okaloosa, Florida, the Owner, hereinafter called the Party of the First Part, and ______________________________ or its successors, executors, administrators and assigns, hereinafter called the Party of the Second Part. WITNESSETH: That for and in consideration of payments, hereinafter mentioned, to be made by the Party of the First Part, the Party of the Second Part agrees to furnish all equipment, machinery, tools and labor; to furnish and deliver all materials required to be furnished and delivered in and about the improvement and to do and perform all work related to as per the attached proposal in strict conformity with the provisions of this Contract, the Notice to Contractors, the Specifications and the Plans approved by the Owner. The said Plans, Specifications, the Notice to Contractors, and the Proposal are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth at length in the body of this agreement. As security for the full and faithful performance of this contract and all the incidents thereto, the Party of the Second Part had made and furnished a Contract Bond ($50,000) with as Surety (as required per the bid package), which is accepted by Parties of the First Part and made a part of this contract. In consideration of the foregoing promises, the Party of the First Part agrees to pay to the Party of the Second Part such unit prices for the work actually done as are set out in the accompanying proposal in the manner provided in the said Specifications. The Contractor shall be prepared to begin work to be performed under the contract as he set forth in his proposal, but will not proceed until he receives official notice to begin. This contract will be effective upon completion of signatures by both parties and shall run through December 30, 2005. This contract may be renewed for two (2) additional one year periods if in agreement with both parties. REPRESENTATIVES: The authorized representative of the County shall be: E-Mail: Last Revised - 6/12/2016 26 The authorized representative for shall be: E-Mail: All notices required by this agreement shall be in writing to the representative listed above with a courtesy copy to the following: John Christopher Contracts & Leases Coordinator Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, FL 32536 850-689-5960 / 850-689-5998 (FAX) E-Mail: jchristopher@co.okaloosa.fl.us IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners, by authority vested in him, has hereunto subscribed his name on behalf of the County of Okaloosa, Florida, the Owner, and the said has hereto fixed his signature, the day and year above written. WITNESS: CONTRACTOR BY TITLE Last Revised - 6/12/2016 27 STATE OF FLORIDA COUNTY OF OKALOOSA This contract is accepted this _____ day of _____________________ 2004 and is effective on the _____ day of _________________________ 2004. ATTEST: COUNTY OF OKALOOSA, FLORIDA BY Gary Stanford Elaine Tucker, Chairman Deputy Clerk of Court Last Revised - 6/12/2016 28 BID SHEET DATE: BID #: PS 25-04 BID ITEM: LIFEGUARD AND/OR BEACH CONCESSION SERVICES BASE BID: March 13 – October 10, 2004 Okaloosa Parks & Accessways: Lifeguard Service with the right to sell concessions: $ Lifeguard Service without the right to sell concessions: $ Concession Rights Only (No Lifeguard Service) $ ALTERNATE BID: Destin Accessways: Lifeguard Service with the right to sell concessions: $ Lifeguard Service without the right to sell concessions: $ Concession Rights Only (No Lifeguard Service) $ ------------------------------------------------------------------------------------------------------------------------------------- Anti-Collusion Statement: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to bid whatever. (Note: No premiums, rebates or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from bid list(s). Bidder’s Company Name Authorized Signature – Manual Authorized Signature – Typed Address Title Phone # Fax # Federal ID or SSN # Last Revised - 6/12/2016 29