Duck Key Bids

Aerial View of Duck Key

Notice of Accepting Bids 

NOTICE IS HEREBY GIVEN that on Tuesday, January 7, 2020, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed bids for the following:

The Sale of Eleven (11) County-Owned Non-Conservation Density Reduction Lots on Duck Key with a Deed Restriction Prohibiting the Construction of Habitable Space 

Map ID                 Parcel ID Number                  Minimum Bid

A                                     RE00379720-000000                                 $19,600.00

                                   B                                     RE00379800-000000                                 $19,600.00

                                   C                                     RE00379820-000000                                 $19,900.00

                                   D                                     RE00380240-000000                                 $18,800.00

                                   E                                     RE00380440-000000                                $24,100.00

                                   F                                     RE00383270-000000                                 $19,200.00

                                   G                                    RE00383380-000000                                 $21,600.00

                                   H                                    RE00383390-000000                                 $18,800.00 

                                    I                                    RE00383780-000000                                $19,700.00

                                   J                                     RE00383850-000000                                $19,800.00

                                   K                                    RE00383860-000000                                $19,800.00

Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at www.floridapublicnotices.com, a searchable statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecountybids.com. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 2-213, Key West, Florida.  

All Bids must be received by the Monroe County Purchasing Office before 3:00 p.m. on January 7, 2020.

Legal

Pursuant to Monroe County Resolution 378-2019, the Board of County Commissioners have approved the sale of eleven (11) County-Owned Non-Conservation Density Reduction lots. The lots will be sold to the highest responsive bidder and will require the execution and recording of a deed restriction that prohibits the construction of habitable space as part of the County’s Density Reduction Program. The County will convey the parcel by Statutory Quit Claim Deed pursuant to Florida Statute 125.411. A sample of the Quit Claim Deed may be viewed here.

The successful Bidder, at closing, will be required to execute a Declaration of Restriction of Future Development. This Declaration may be viewed here.

Appraisals

Each parcel has a minimum bid that was established by an appraisal. The appraisal and images of each parcel may be viewed here: Duck Key Parcel Appraisal Report

All Bidders are encouraged to familiarize themselves with the Monroe County Land Development Code, especially Monroe County Land Development Code Section 130-83 and the Definitions contained in Monroe County Land Development Code Section 101-1.

The successful bidder is responsible for paying all closing costs and attorney fees associated with the transaction. The Closing Costs to be paid by the successful Bidder will include, but may not be limited to the following estimated fees:

  1. Settlement Fee of $500.00
  2. Seller’s attorney fees of $475.00
  3. Documentary Stamps, estimated between $131.80 and $167.10 if sold at appraised value, otherwise calculated at .007 mils (sale price x .007)
  4. Recording Fees of $95.00

The Bidder should be aware of these costs and note that the Bid submitted is exclusive of these fees.

No conditional Bids will be accepted.

Bidding Procedure

Bidder shall complete one Bid Proposal per parcel. Bids referencing multiple Parcel ID’s will be rejected.  All bids must be submitted by following the procedure outlined below:

FORM AND STYLE OF BIDS

The Bid Proposal consists of:

  1. The Bid Form.
  2. Non-Collusion Affidavit,
  3. Lobbying and Conflict of Interest Clause, and a
  4. Bid Deposit.

Each form must be properly filled out, executed, and submitted as the Bid Proposal.

Bidders shall photocopy documents included in the Bid Proposal Package being required for submission of Bids.

Bid Form

All Bids shall be submitted on the Bid Form.

  1. All blanks on the Bid Form shall be filled in with ink or by typewriter.
  1. Where so indicated on the Bid Form, sums shall be expressed in both words and numerical figures, and in case of discrepancy between the two, the amount written in words shall govern.
  1. Any interlineations, alteration, or erasure must be initialed by the signer of the Bid.
  1. Signature of the Bidder: The Bidder must sign the bid forms in the space provided for the signature. If the Respondent is an individual, the words “doing business as ____________”, or” Sole Owner” must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words “Member of the Firm” should be written beneath such signature. If the Bidder is a corporation, the title of the officer signing the Bid on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of their authority to sign the Bid must be submitted. The Bidder shall state in the bid the name and address of each person having an interest in the submitting entity.

ADDENDA

Each Bidder shall ascertain prior to submitting the Bid that all Addenda issued was received, and shall acknowledge receipt of any issued Addenda in the Bid.

Mailed or faxed questions for clarification will be accepted up to ten (10) calendar days before the opening date. Responses will be issued by addendum up to five (5) calendar days prior to the date for receipt of Bids except for an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

Copies of Addenda will be made available for inspection at the County Attorney’s Office.

BID DEPOSIT

Each Bid shall be accompanied by a Bid Deposit made payable to Monroe County Board of County Commissioners, in the amount of ten (10) percent of the Bidder’s submitted Bid price. The Bid Deposit shall be in the form of a certified check or cashier’s check.

Bidder must complete the Bid Deposit Form.

The Bid Deposit shall be sealed in a separate envelope and marked Bid Deposit.

The Bid Deposit will be held by the Clerk of the Circuit Court of Monroe County, Florida.

The Bid Deposit constitutes a pledge by the Bidder to enter into a contract with the County on the terms stated in the Bid. The Bid Deposit of the successful Bidder will be retained until closing and will be credited to the Buyer against the purchase price at closing.  If the successful Bidder fails to execute and deliver the Contract, the County may annul the Notice of Award and the amount of the Bid Deposit of that Bidder shall be forfeited to the County not as a penalty, but as liquidated damages.

The Bid Deposit of any Bidder whom the County believes to have a reasonable chance of receiving the award may be retained by the County until (a) the contract has been executed, or (b) the ninety-first (91st) day after the Bid opening, or (c) all Bids have been rejected. 

SUBMISSION OF BIDS

Bids shall be submitted to Monroe County at the designated location not later than the time and date for receipt of Bids indicated in the Notice of Accepting Bids, or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened.

Two (2) signed originals and five (5) complete copies of all Bids are to be submitted. Place the Bid Deposit in its own separate envelope, as instructed above and marking on the outside 'Bid Deposit', and place all other bidding documents in another envelope, marking on the outside 'Bid Documents'. Both envelopes are to be inserted in one larger envelope. If the Bid is hand‑delivered, the envelope shall be filled out as follows:

1.     In the upper left-hand corner, place the Bidder's name and address.

2.      In the center of the envelope, put the following:

Monroe County Purchasing Department

1100 Simonton Street, Room 2-213

Key West, FL 33040

3.     In the lower left-hand corner, put the following:

Bid for:

The Sale of Eleven (11) County-Owned Non-Conservation Density Reduction Lots

on Duck Key with a Deed Restriction Prohibiting the Construction of Habitable Space 

 To be opened: January 7, 2020 at 3:00 P.M.

If the Bid is sent by mail or courier, the sealed envelope as identified above shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof and sent to the address above.

The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

Oral, telephonic, telegraphic, faxed and e-mail Bids are invalid and will not receive consideration.

MODIFICATION AND WITHDRAWAL OF BIDS

Prior to the time and date designated for receipt of Bids, any Bid submitted may be modified by notice in writing to Monroe County Purchasing Department at the place designated for receipt of Bids. The modified bid shall contain all information required in the original bid and shall be labeled “Modified Bid – “The Sale of Eleven (11) County-Owned Non-Conservation Density Reduction Lots on Duck Key with a Deed Restriction Prohibiting the Construction of Habitable Space” and sent as allowed in the original Bid.

Bids may be withdrawn in writing only and must be received prior to the time of opening. Withdrawn Bids may be resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these Instructions to Bidders.

A Bid Deposit shall be in an amount sufficient for the Bid as modified or resubmitted.

No conditional, modified, or qualified bids will be accepted. Bidders are to comply with the instructions on the Bid Forms, and not make any changes to them.

OPENING OF BIDS

The properly identified Bids received on time will be opened at the Monroe County Purchasing Department.

Any Bid not received by the Purchasing Department on or before the deadline for receipt of bids designated will not be considered and may be returned unopened.

The Bids will be reviewed and the highest responsive Bid for each Parcel ID will be presented to the Board of County Commissioners at the January 22, 2020 meeting at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050, for approval.

All Bids shall remain open for ninety days after the date designated for receipt of Bids.

AWARD OF CONTRACT

The highest responsive Bid for each Parcel ID will be presented to the Board of County Commissioners for acceptance of the Bid. The Board reserves the right to reject any and all Bids.

If the Contract is be awarded, the County Attorney’s Office will issue the Notice of Intent to Award to the successful Bidder within ninety days after the date of receipt of bids. The County reserves the right to return all Bids, not make any awards, or cancel the sale.

EXECUTION OF CONTRACT

Upon Notice of Intent to Award by the County, all Bid material shall be incorporated as terms of the sale and the closing will be conducted by the County’s designated agent within 60 days of the approval of the recommended bid award by the Board of County Commissioners.

The successful Bidder must execute the Declaration of Restriction of Future Development at closing.

The successful Bidder will be responsible for paying attorney fees and all costs associated with the closing, in addition to the Bid price.

In the event that the Bidder does not comply, the County may cancel the Award of Contract and select the next responsive bidder or reject all bids.

 Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest, which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined that it is in the best interest of the County to do so. A formal written protest may be submitted in writing and must be received by the County Attorney’s Office seventy-two (72) hours or three (3) business days prior to the Board of County Commissioner’s meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the Board of County Commissioners at the designated public meeting in which the agenda item awarding the contract is heard. 

In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The Board of County Commissioners decision to award the contract is final and at their sole discretion.