2024-002 Advertising Services Monroe County Clerk of Circuit Court & Comptroller
Internal Report
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Audit of
Tourist Development Council's
Advertising Services
2024-002
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500 Whitehead Street, Key West, FL 33040 1 (305) 292-35501 Monroe-Clerkxom
Report 2024-002
February 2024
Monroe County Clerk of Circuit Court& Comptroller
Kevin Madok, CPA
Interim Internal Audit Director
Pam Radloff, CPA
Auditors
Tammie Murray
Noah Browning
Kalina Bringle
About Monroe County Clerk's
Internal Audit Department
As part of the Clerk's constitutional responsibilities, the Monroe County Clerk's
Internal Audit Department provides independent, accurate, and timely audits of
Monroe County government's business activities, operations, financial systems, and
internal controls. Internal Audit's audits and consulting services are designed to add
value, increase efficiency of operations, advance accountability, and improve
stewardship of public resources.
Monroe County's Internal Audit Department accepts confidential tips about fraud,
waste, and abuse in Monroe County government or programs through its hotline
(305) 292-5760 or at hgps://monroe-clerk.com/fraud-waste-abuse.
Clerk of the Circuit Court&Comptroller- Monroe Cotenty,Florida
February 28, 2024
The Honorable Mayor Holly Raschein Ms. Rita Irwin, Chairperson
Monroe County Board of County Commissioners Monroe County Tourist Development Council
102050 Overseas Highway, Suite 234 58901 Overseas Highway
Key Largo, FL 33037 Grassy Key,FL 33050
Email: boccdis5@monroecounty-fl.gov Email: rita@dolphins.org
Dear Mayor Raschein and Chairperson Irwin:
The Monroe County Clerk's Internal Audit Department completed an audit of the Monroe County Tourist
Development Council's (TDC) Advertising Services. This audit included a review the TDC's advertising
Agency of Record, Underwood Martell, Inc. (d/b/a Tinsley Advertising & Marketing, Inc.) for the three-
year period October 1, 2020, through September 30, 2023. The audit focused on the July 21, 2021,
agreement between Monroe County and Tinsley Advertising & Marketing, Inc. including an audit of
records, assets, and activities related to the scope of services detailed in the agreement.
Overall,our audit of Tinsley Advertising&Marketing,Inc. found that the agency appeared to comply with
the terms of its contract with Monroe County. Tinsley Advertising & Marketing, Inc provided
documentation to support that they were expending TDC's funds for valid, legal, and public purposes.
However, we did find a few instances of reimbursed employee expenses that were not in compliance with
Monroe County Code and state statute. These findings were discussed with the agency and they believe
that these expenses were likely submitted in error. Tinsley Advertising & Marketing, Inc., volunteered to
repay the County for these expenses.
Our audit also reviewed some of the TDC's internal processes for managing advertising services. Our
review found issues with the TDC's 2021 competitive solicitation for advertising services. Due to the
severity of the deficiencies, we recommended that the TDC re-bid this contract. We also found that the
TDC's process for establishing its annual advertising budget lacked transparency and consistency and we
made recommendations for improvement.
We appreciate the courtesy and cooperation extended to the Clerk's Office by Tinsley Advertising &
Marketing, Inc and the Monroe County TDC staff.
Sincerely,
Kevin Madok, CPA
Monroe County Clerk of Circuit Court& Comptroller
Cc: Board of County Commissioners
Tourist Development Council
Bob Shillinger, County Attorney
Kevin Wilson,Acting County Administrator
Internal Audit
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Table of Contents
Audit of
Tourist Development Council's
Advertising Services
ExecutiveSummary.....................................................................................2
The TDC and the Agency of Record for Advertising................................4
Purpose and Scope of Internal Audit.........................................................8
Testing of Tinsley Invoices .........................................................................9
Review of TDC's Advertising Competitive Solicitation............................ 11
TDC's Budgeting Process ......................................................................... 17
Appendix I: Monroe County-Tinsley July 2021 Contract........................ 19
Appendix II: 2021 Request for Proposals for Advertising Services .........52
Appendix III: FY 2023 TDC Budget Request Approved By TDC ...... 127
Appendix IV: FY 2023 TDC Budget Request Approved By BOCC....141
Appendix V: Auditee Response with Clerk's Reply............................... 154
i
Executive Summary
The Monroe County Clerk's Internal Audit Department recently completed an audit of the
financial records of Monroe County's Tourist Development Council's (TDC)Advertising Agency
of Record,Underwood Martell,Inc., (d/b/a Tinsley Advertising&Marketing,Inc., and hereinafter
referred to as Tinsley). The audit focused on the July 2021 agreement between Monroe County
and Tinsley including an audit of records, assets, and activities relating to the scope of services
detailed in this agreement.The audited period was fiscal year(FY)2021 through FY 2023 (October
1, 2020, through September 30, 2023).
Our audit work included reviewing the TDC's most recent competitive solicitation process for
selecting its Advertising Agency of Record. Given the materiality of the advertising budget to the
TDC's operations, we also reviewed the process followed for developing the annual advertising
budget. Finally, we selected a random sample of Tinsley's invoices paid during the audited period
to ensure compliance with the contract terms and sufficiency of supporting documentation. This
included verifying that reimbursed expenditures were eligible and served a valid, legal, and public
purpose.
Overall, our audit of sampled invoices paid to Tinsley found that the advertising agency appeared
to comply with the terms of its contract with Monroe County. Tinsley provided documentation to
support that they were expending TDC's funds for valid, legal, and public purposes. However, we
did find a few instances of reimbursed employee expenses that were not in compliance with
Monroe County Code and state statute. These findings were discussed with the agency and they
acknowledged that these expenses were submitted in error. Tinsley Advertising&Marketing, Inc.,
volunteered to repay the County for these expenses.
Given the importance of the advertising to the TDC's operations, we also reviewed some of the
TDC's internal processes for managing advertising services. This included reviewing TDC's 2021
competitive solicitation for advertising services to determine whether it complied with Monroe
County's purchasing policy. While the TDC generally followed the required steps for issuing a
request for proposals, we questioned whether the design of this document as well as the written
responses to vendors' questions hindered potential vendors from submitting proposals.
Our audit also reviewed TDC's process for developing the annual advertising budget. The TDC's
advertising budget increased over 60 percent in FY 2023 from$18.6 million to $30.2 million. Our
review of the FY 2023 budget request prepared by TDC's marketing director did not provide any
economic justification for such a material increase. While it is possible that there is justification
for what was ultimately approved, the TDC's budget documents are not transparent and not easy
to understand_ We recommend that the TDC work with the Office of Management and Budget to
develop an annual budget process and corresponding reports that clearly show how the TDC
— 2 —
intends to expend its allotted budget during the fiscal year. Further, any material budget
increases/decreases for key aspects of TDC's operations (e.g., advertising, public relations,
research, digital services, etc.) should be thoroughly discussed in TDC's budget documents.
3 —
The TDC and the Agency of Record for Advertising
In the early 1980's, Monroe County recognized the need to market,promote, and manage itself as
a desirable tourist destination by creating the Monroe County Tourist Development Council
(TDC). As allowed by s. 125.0104,F.S., Monroe County began levying a tourist development tax
(also referred to as a bed tax) to financially support the TDC. The tourist development tax is paid
by any person who rents, leases, or lets any living quarters or accommodations in the county for
six months or less. In fiscal year (FY) 2023 (October 1, 2022 through September 30, 2023),
Monroe County recorded collecting almost $61.5 million in tourist development tax earmarked to
support the TDC's operations.
As provided by s. 125.0104(4), F.S., the TDC is an advisory council appointed by the Monroe
County Board of County Commissioners (BOCC). The TDC has nine members who serve
staggered four-year terms. The TDC contracts with a not-for-profit corporation, 3406 North
Roosevelt Boulevard(d/b/a Visit Florida Keys), to operate the TDC's executive office.
The TDC executive office is referred to as the TDC's executive director in Monroe County Code.
As the executive director, Visit Florida Keys serves at the pleasure of and is subject to removal by
the BOCC. Monroe County Code Section 23-199((d) states, "[t]he executive director shall carry
out the policies and programs established by the council and shall be in charge of the day-to-day
operations of those policies and programs." Visit Florida Keys contracts with an executive
manager, referred to as the marketing director, who is responsible for implementing the TDC's
policies and programs as well as managing the day-to-day operations of TDC.
Monroe County Code also requires the TDC to create five district advisory committees (DACs)to
make recommendations. The five districts are:
• District L• the city of Key West;
• District IL from the city limits of Key West to the west end of the Seven Mile Bridge;
• District III: from the west end of the Seven Mile Bridge to the Long Key Bridge;
• District IV: between the Long Key Bridge and Mile Marker 90.939; and
• District V: from Mile Marker 90.940 to the Dade/Monroe County line and any
mainland portions of Monroe County.
Each DAC is comprised of nine members: three members appointed by the TDC from the lodging
industry for three-year terms;three members appointed by the TDC from tourist-related businesses
for three-year terms; and three members appointed by the BOCC from the general public for three-
year terms. The DACs are bound by the same policies and procedures as the TDC.
— 4 —
In 1986, Monroe County signed its first contract with Tinsley Advertising & Marketing, Inc.
(hereinafter referred to as Tinsley) as the Agency of Record for Advertising. In the marketing
profession, an Agency of Record is the consultant that provides specific professional services and
is given final creative control on behalf of the TDC for their area of expertise.For almost 40 years,
Tinsley has maintained its role as the TDC's Agency of Record for Advertising. In 2021, after the
passing of its founder, long time employees John Underwood and Dorn Martell formed
Underwood Martell, Inc. to continue to provide the TDC advertising services under the name
Tinsley Advertising & Marketing, Inc.
As the Agency of Record, Tinsley is the exclusive contractor for preparing and placing advertising
on behalf of the TDC. Advertising is defined as a paid message strategically placed in various
media platforms such as television, radio, print, and digital. Unlike other methods of promotion,
advertising is a one-way communication with a controlled message geared towards a targeted
audience.
The County's vendor contracts contain a clause that advises the contractor that they are required
to maintain their books, records, and documents directly pertinent to the agreement in accordance
with generally accepted accounting principles. Also, because it is important to ensure that the
public funds used to pay the contractor support a valid, legal, and public purpose, the County's
contracts also contain a Right To Audit clause. As allowed by the contract, the Monroe County
Clerk's Internal Audit Department conducted a review of the financial records of Tinsley. The
audit focused on the July 21, 2021 agreement between Monroe County and Tinsley including an
audit of records, assets, and activities relating to the scope of services detailed in the July 2021
Agreement.
From a historical perspective, the base price of Tinsley's initial contract with Monroe County in
1986 was $850,000. Media expenses included a 15% commission paid to Tinsley, whereas
production costs and collateral materials and a variety of other services were paid at the agency's
cost plus a 17.65% mark-up. For example, if the net cost of the media placement (a bought ad)
was $6,500, Tinsley would request to be paid the cost they paid for the ad plus a 15% commission
of$975 (15%x$6,500)for a total cost to Monroe County of$7,475. Reimbursable expenses were
also allowed but not clearly defined in the contract.
Since 1997, Tinsley's contract has been broken down into five compensation categories:
(1) Media Placement — Reimbursement for net cost plus % commission. Typically,
advertising agencies, such as Tinsley, will be provided a reduced rate (referred to as net
cost)when placing ads with a media platform because they managed the ad buys on behalf
of their client such as the TDC.
5 —
(2) Special Projects—Reimbursed for actual cost plus % commission.
(3) Out-of-Pocket Expenses for Creative Development — Reimbursable at cost plus %
commission.
(4) Creative Services Not Included (in media placement commission) —hourly rates based
on a schedule included in the Tinsley's contract with the County.
(5) Reimbursable Expenses—Approved expenses at cost, no commission.
Appendix I provides a copy of Monroe County's current contract with Tinsley. Table 1
summarizes the commission percentages paid to Tinsley since its 1997 contract.
Table 1
Commissions Percentages
Allowed By Tinsley Contract
Creative
Development
Fiscal Media Special Out-of-Pocket
Years Placements Projects Expenses
FYs 1997-2001 12.50% 12.50% 10.00%
FYs 2002-2006 13.00% 13.00% 11.00%
FYs 2007-2011 13.00% 13.00% 12.00%
FYs 2012-2016 14.00% 14.00% 13.00%
FYs 2017-2021 14.00% 14.00% 13.00%
FYs 2022-2024 15.00% 15.00% 14.00%
Tinsley's approved FY 2024 advertising budget exceeds $36 million. The TDC and Tinsley
allocate the annual advertising budget among nine areas: Generic; Cultural Umbrella; Dive
Umbrella; Fishing Umbrella; DAC I - Key West; DAC II - Lower Keys; DAC III — Marathon;
DAC IV—Islamorada; and DAC V-Key Largo. Table 2 summarizes the actual advertising spend
for each of these areas over the last five fiscal years.
— 6 —
Table 2
TDC Advemising Expendimrps*By Adverfising Categor3�
Fheal Vem,2023 fheal Vest,2022 Fistnl Year 2021 Fhcal Wee,2020 Fisoil Vear2019
-------------- ------------Aalr errlclug Percent ponrect Percent Percent porcPal
offolal
..........
tal
Generic S 8,204,532 26 07q'. S 7.774�759 4U 7,6 S 7,1,20,13 t 4 1 71 S 7,02.629 104211�' S 7.86L604 41,044�'�
......................................................................................................................................................................................... ..............................................................................................................................................................................................................................................................................................................................................................................................................
Ofltuval Ujubtedb 410,897 1,30% 332,440 L72% ;16,482 1 SP,. 22-08 7 1,1,111.
Dive Upubrelb 807,655 2,5111,
,- o9 8" 3.53% 5S8,374 340% 690,374 3,65% 733,033 3.83%
-------------------------------------- ----------------
.F....k.....fi....i ng U b...i...d................................ 4,t42....9..................1....,09%.................... 24 4586 27% 2S.I..I..A.........9....... 1,62N) I 397.5-,g7 2A 0% 159,572
..2....,40%
....... myW ....... ..... ... ........ . ....... .... ......20 ........ ...... . ..... . ..... ..
DACI-Ke 9,356A2 9,74 4,05,710 0MN 4,82SA'7% OA7-3➢0 &61 4,78&986
- -------- - -
-D1--------C----H--------L--o--%-----e-j---K------q------------- 2,314,571 7,3 6-P,�, 869,478 4.50% 593,016 34316 831,244 4.3991. 633,13 33 1
- ------- -I..-- -.-. — ---- ----- . ... ----------------------
DACHI-Nlaratlwu 3,998-319 12393N 2,30,081 1 1.93�11. 1,194,275 6W4 676 1- , �,263,600 6. , 1,743,93S 9.
DAC IV-Islamorada 2.�65-592 6,S8% LN 0,876 6'(13% 9"0 98 MO 6 5,is 1.0 1�'l 67,6 3 0
DAC V-Key Lixpo 3,963.413 t 2,60% 1.7 S,',�019 4 3,24%� 7 77 8 9 07'/,, 1-596,309 8,3 3
..........
S 31,465,834 100,001�'. S 19,306,043 919 99y, 1 00''�' S 19,153,142 IOObW!�.L S 1281,
4source:Motu oc Counly,4,mudiwvd n cco'lallinp I eool(h'
Purpose and Scope of Internal Audit
The Monroe County Clerk's (Clerk)Internal Audit Department completed an audit of the Monroe
County Tourist Development Council (TDC) for the five-year period October 1, 2018, through
September 30, 2023. Our audit procedures included examining adherence to policies and
procedures by the TDC's executive office, 3406 North Roosevelt Boulevard (d/b/a Visit Florida
Keys). Because of the audit's findings, the Internal Audit Department's audit work was expanded
to include a review of the financial records of Tinsley, TDC's Advertising Agency of Record. The
audit focused on the July 21, 2021 agreement between Monroe County and Tinsley including an
audit of records, assets, and activities relating to the scope of services detailed in this agreement.
The audited period was FY 2021 through FY 2023.
The scope of the audit included:
• Reviewing the TDC's most recent competitive solicitation process for selecting Tinsley as
its Agency of Record to ensure compliance with Monroe County's procurement policies
and procedures;
• Reviewing the TDC's processes for developing its annual budget for advertising
expenditures;
• Randomly sampling Tinsley's invoices paid during the audited period to ensure compliance
with contract terms and sufficiency of supporting documentation;
• Verifying that reimbursable expenditures were eligible transactions that were properly
supported and served a valid, legal, and public purpose; and
• Reviewing the terms of Tinsley subagency contracts to ensure that the terms and conditions
are consistent with the TDC's marketing plan,budget, and Monroe County's procurement
policies and procedures.
. 8 —
Testing of Tinsley Invoices
Our audit procedures included selecting a random sample of Tinsley invoices paid during the audit
period. We reviewed Tinsley's invoices to ensure compliance with the contract terms and
sufficiency of supporting documentation. This included verifying that reimbursed expenditures
were eligible and served a valid, legal, and public purpose. Finally, we also reviewed Tinsley's
subagency contracts to ensure that the terms and conditions are consistent with the TDC's
marketing plan,budget, and Monroe County's purchasing policies.
Overall, we found that Tinsley adhered to the terms and conditions of its contract. We also found
that Tinsley Advertising & Marketing, Inc provided documentation to support that they were
expending TDC's funds for valid, legal, and public purposes. However, as summarized below,we
noted a few instances where travel-related reimbursements did not adhere to applicable state and
local law.
Section 3(13) of Tinsley's contract with Monroe County(see Appendix I), states that, "Packaging,
shipping, express mail, postage, legal expenses on behalf of County, and travel expense for
Contractor's personnel shall be considered reimbursable expenses, subject to County's approval.
Travel expenses of approved personnel on behalf of the business of the TDC shall be compensated
at the rates established by Florida law and County law and policy."'
Our testing uncovered the following instances where Tinsley was reimbursed for unallowable
costs. Specifically,we found three separate employee reimbursements requests paid to Tinsley that
included unallowable expenses totaling $1,122.07:
• Tinsley inappropriately sought reimbursement for $331.79. Of this amount, $331.52 was
reimbursement for optional and supplemental rental car insurance paid by an employee
while $.27 was mistakenly paid due to a math error that occurred when adding three
receipts for payment of gas.
• Tinsley inappropriately sought reimbursement for $388.30. Of this amount, $306.40 was
reimbursement for optional and supplemental rental car insurance paid by an employee;
$3 was for a beverage and $46.85 was for a dinner which were both included on a hotel
folio for an employee who had already claimed a per diem; and $32.05 was for the
purchase of gear for a photo shoot which should have been billed to the photo shoot
production.
' Section 3(B)Reimbursable Expenditures,of the July 21,2021,Agreement Between Monroe County,Florida and
Tinsley Advertising&Marketing,Inc.,page 4(see Appendix I).
— 9 —
Tinsley inappropriately sought reimbursement for $401.98. Of this amount, $328.02 was
for optional and supplemental rental car insurance paid by an employee; $25 was for
overpayment for an employee's per diem meals; and $48.46 was for an employee's
purchase of personal items (e.g., razor, candy, wine, and over-the-counter medication).
We discussed our findings with Tinsley management. While Tinsley acknowledged that some of
these expenses likely were submitted in error to the TDC, they also stated that they were unaware
that some of these items were unallowable under state and local law. For example, they were not
aware that the County's travel guidelines prohibit the purchase of supplemental insurance. Had
they been aware, they would have advised their employees accordingly. Tinsley volunteered to
repay the County for these unallowable reimbursements.
To ensure that TDC's vendors are aware of applicable state and local law regarding what is
allowable for reimbursement, we recommend TDCprovide their vendors with written guidelines
on allowable reimbursable items and ensure that their vendors are provided updates when the
guidelines change.
— 10 ^-
Review of TDC's Advertising Competitive Solicitation
The mission of Monroe County's Purchasing Office is to ". . . provide quality purchasing and
contracting support to all county departments in a timely,cost effective and professional manner."2
The policies and procedures are designed to adhere to a strict Code of Ethics to avoid the
appearance of and preventing the opportunity for favoritism. Moreover,the County's procurement
policies seek to maximize the purchasing power of public funds while promoting fair and open
competition. The purchasing policies and procedures are governed by Florida statutes and Monroe
County Ordinances, codified in Monroe County Code.
As set forth in Monroe County Code Section 2-347(a), certain county contracts, including certain
TDC contracts, are required to be competitively bid to ". . . protect the taxpayers from collusive
contracts, favoritism, fraud, extravagance, and improvidence in the procurement of those things
necessary for the operation of county government; and to promote actual, honest and effective
competition to the end of that each proposal or bid received and considered . . . is in competition
with all other bids upon the same basis so that the county contracts are secured at the lowest cost
to the taxpayers." 3 TDC's policies require that its executive office, Visit Florida Keys, adhere to
the County's procurement policies.
Throughout the years, TDC has conducted the required competitive solicitations for advertising
services by requesting proposals from interested advertisig firms. This is oftentimes referred to as
a Request For Proposals(RFP)procurement process. The RFP process requires the TDC to publish
an RFP solicitation request that details the TDC's needs, terms, and conditions of an advertising
agency(see Appendix II). Interested vendors are given an opportunity to submit written questions
to the TDC to clarify any aspects of the RFP document. An addendum to the RFP document
provides TDC's written answers to the questions submitted.
All sealed proposals must be submitted to Monroe County's Purchasing Office by a stated
deadline. The Purchasing Office will provide TDC management with the proposals for a review
before the proposals are turned over to TDC's selection committee. It is the selection committee's
job to evaluate and then score each proposal as the method for selecting the firm that best meets
the TDC's needs. Once the committee selects a firm, the committee's recommendation is first
presented to the TDC Board for approval. If the TDC approves, then the selection committee is
tasked with negotiating a contract with the selected vendor before the recommendation is presented
to the BOCC for approval. After being approved, a formal contract is executed that uses the detail
from the proposal to define the scope of services and the method of compensation.
2 See Monroe County Purchasing Policy,Revised 4/19/2023,p.4.
s See Monroe County Code Section 2-347(a).
^ 11 ^
The last RFP issued by the TDC for advertising services was in 2021. As described in the
solicitation document, TDC required interested vendors to prepare a proposal that was separated
into 12 sections. The proposals gave respondents an opportunity to provide specifics about their
proposed services including, but not limited to, detailing the qualified and experienced staff that
they would dedicate to the TDC account; estimated compensation needed by the agency for
production costs, media placement, and commissions; the agency's administrative facilities; the
financial stability of the agency; and a written outline presentation on how the agency would
propose to develop an advertising campaign for the Florida Keys.
Tinsley Advertising was the only advertising agency to submit a proposal in response to the RFP.
Because Tinsley was the lone responder, both the TDC and the BOCC approved moving forward
with negotiating another three-year advertising services contract with two one-year renewals with
Tinsley. The initial three-year period for the current contract ends September 30, 2024.
As part of our audit procedures, we looked at the RFP process followed by the TDC to determine
whether the competitive solicitation complied with Monroe County's purchasing policy.While the
TDC followed the required steps for issuing an RFP, we question whether the design of the RFP
document as well as the written responses to vendors' questions impeded prospective vendors from
submitting proposals.
In April 2021, the TDC issued three addenda to its Advertising Services RFP to answer questions
from interested advertising agencies. We were advised that the Visit Florida Keys' marketing
director provided the responses to the questions asked by interested vendors. We reviewed the
questions and answers and found that some of the TDC's responses appeared to be inaccurate
and/or incomplete which is contrary to the Monroe County Code's requirement, "[t]o promote
actual, honest and effective competition to the end that each proposal or bid received and
considered. . . is in competition with all other bids upon the same basis so that the county contracts
are secured at the lowest cost to the taxpayers."s
For example, Question 4 in Addendum 3 was asked by an interested vendor:
"Of the total budget for 2021, how much do you intend to dedicate to services and
how much to media buy?`
4 See Appendix 11 for Addenda 1,2,and 3.
5 See Monroe County Code Section 2-347(a)(3).
'Appendix 11,p. 125.
^ 12 —
TDC's response was:
"The budget is in development now. We do not have the ability to provide that
information to you at this time."7
This response was inaccurate. While the FY 2022 budget was in development,the FY 2021 budget
was readily available at the time the TDC responded to this question. The TDC's FY 2021 budget
was approved by the BOCC in September 2020.FY 2021 budget information was readily available
in April 2021 for the TDC to share with potential respondents.
Another example of a misleading response was to Question 2 in Addendum 2 which was asked by
a prospective vendor:
"Can you please share you (sic) most recent marketing plan?"'
TDC's response was:
"Attached is the portion of the Advertising Section of the Marketing Plan we are
able to share with you."'
The TDC only shared two pages of its 253-page FY 2021 marketing plan. The TDC's marketing
plan is a public document annually approved by the BOCC. It is not clear why the TDC was
unwilling to provide the requested public document to potential respondents.
The marketing plan is the TDC's annual strategic plan for its overall marketing program.Interested
vendors likely would have found the plan to be a useful resource for gaining an understanding of
the TDC's goals and approaches to marketing. Sharing this plan as requested would have
demonstrated an intent to ensure the solicitation was fair for all prospective vendors.
One last example is the question asked by a vendor seeking clarification of what was required
under Section 8 of the RFP (see Exhibit 1).
'Ibid.,p. 125.
'Appendix II,p. 110.
9 Ibid.,pages 111-112.
— 13 —
Exhibit I
Section 8 of the Advertising RYP
Section 8, Written Presentation
Give a short ivritten outline presentation on how the agency would propose to develop
as campaign f(-.)r the Florida Keys, that would include: as position analysis, target
markets and display several examples of creative proposals for this campaign.
Include print, broadcast (story board) and cligital/inobile advertising. Please allocate
what percentage of each of those media placement sources (equaling 10W,"O) would
make LIP your plan.
No contact regarding this presentation or competitive bid process will be allowed
between the bidder and individual members of the Selectioll Committee or TDC
board members.
Specifically, the interested vendor asked:
"As we understand it,this section is calling for original,speculative work pertaining
to this project. Is that correct?As a boutique agency we unfortunately cannot afford
to provide such speculative work. Therefore we're wondering if examples of
previous work would be sufficient for our consideration.""
TDC's response was:
"We are looking for a proposal that will show what you would propose for the
Florida Keys. Unfortunately, we cannot accept examples of previous work your
agency has managed — all responses must pertain to how you would handle the
Florida Keys account.""
The inquiring advertising agency raised concerns that preparing a response to Section 8, would
have involved an unreasonable investment of time on behalf of the respondent especially since the
agency did not have access to the TDC's marketing plan. Further, any vendor also may be reluctant
to invest the time for preparing a Florida Keys ad campaign in response to the RFP because there
would be no guarantee that the TDC could use their ideas, free-of-charge and without credit, at a
later date.
10 Ibid.,page 109.
Ibid.,page 109.
— 14 —
We reviewed similar RFPs issued by other counties. Rather than ask an interested agency to do an
advertising campaign, they ask interested respondents to comprehensively address in their
proposal their ability to accomplish the scope of services needed by the TDC such as providing
evidence of and/or demonstrating:
• Extensive marketing agency experience in the tourism and hospitality industry.
• An ability to contribute to a double-digit sustained annual growth related to a multi-billion
dollar economic impact in a community where tourism is a dominant industry.
• An approach for supporting client initiatives through an integrated and internal depth of
staff resources.
• Brand strategy and account management.
• Media planning and buying.
• Co-op management and maintenance.
• Creative development and production.
• Content development and content marketing.
This type of approach appears to give all respondents an equal footing to demonstrate their abilities
to meet the advertising needs of the TDC. It also allows the screening committee to score vendor
proposals using objective benchmarks.
It is reasonable for the TDC and its selection committee to expect respondents to be required to
demonstrate the effectiveness of their creative abilities for promoting tourism in the Florida Keys.
To best achieve this in the most competitive manner, after the initial review and scoring of the
proposals, the TDC could ask only the top-scoring respondents to prepare and orally present such
a presentation for the TDC and its selection committee members.
To ensure that future competitive solicitations promote, both in appearance and in substance,
actual, honest, and effective competition as required by Monroe County' purchasing policy, we
recommend that the TDC re-bid the competitive solicitation for advertising services. This will
allow the TDC to prepare an RFP document that allows all interested advertising agencies to fairly
compete in the solicitation. Further, it gives the TDC an opportunity to accurately respond to
questions from potential vendors. Finally, re-doing the competitive solicitation will demonstrate
that the TDC is serious about taking the steps needed to build public trust and confidence in TDC's
processes and reassure potential interested agencies that they will get a fair chance to compete for
the TDC's business.
It is important to note that the audit recommendation in no way is questioning the quality of the
work performed by Tinsley & Marketing, Inc. The recommendation to re-bid is to address the
greater public need of conducting a competitive procurement process that is not biased and is fair
— 15 —
to all prospective qualified vendors to ensure the County and the TDC secure the best contract at
the best pricing for the taxpayers.
The TDC may want to consider working with a consultant to re-write its RFP document. A
consultant can provide guidance to the TDC on how best to effectively and fairly request
respondents to prepare their proposals for submission to the TDC's selection committee for their
evaluation. The consultant can also provide guidance to the TDC on how to ensure the solicitation
is competitive both in appearance and in substance.
— 16 —
TDC's Budgeting Process
As we performed our audit procedures, we noticed that TDC's advertising budget materially
increased in FY 2023. As shown in Table 3, TDC's budget for Tinsley increased over 60 percent
from FY 2022 to FY 2023 while the TDC's overall budget increased by 45 percent during this
same time period.Moreover,the TDC's advertising budget for Tinsley increased almost 88 percent
between FY 2019 to FY 2024.
Table 3
Tinsley's Fiscal Year TDC Total Advertising Budget
Fiscal Tinsley % Change From
Year Advertising Budget Previous Fiscal Year
FY 2024 $36,018,134 19.24%
FY 2023 30,205,271 62.23%
FY 2022 18,618,949 11.89%
FY 2021 16,640,698 -17.46%
FY 2020 20,160,288 5.21%
FY 2019 19,161,370
Overall Budget Increase Between o
FY 2019 to FY 2024 87.97/o
The TDC's annual budget is dependent on the revenue generated in the County through its tourist
development bed tax. Therefore,it is common for the TDC's annual budget to fluctuate along with
the fluctuations with the County's tourism. Similarly, it is expected that increases/decreases to
specific budget line items would be consistent with the increases/decreases to the TDC's overall
budget. We reviewed TDC's budget process to determine what economic justification the TDC
provided to the BOCC to support advertising's significant budget increase that outpaced the overall
TDC budget.
TDC's budget process begins mid-February where the Visit Florida Keys' staff work with the
agencies of record, the DACs, and the TDC board to develop a strategic annual budget as well as
corresponding strategic marketing plan. The TDC staff have initial budget discussions with the
DACs and the TDC in the spring of each year. They then advise their agencies of record what they
should budget for the upcoming fiscal year. The agencies of record use these initial budget
estimates to provide the needed detail for the annual marketing plan.
In the May/June timeframe, the marketing director presents a final budget request to the TDC for
their approval. If approved,the marketing director then submits the TDC-approved budget request
— 17 —
to the BOCC as part of the County's annual budget process. The BOCC must approve a final
budget no later than September 30th of each year.
When drafting the annual advertising/promotional plan, Tinsley works with the DACs, the TDC's
other advisory committees as well as TDC staff to determine the advertising needs and desires for
the county's tourism industry. Tinsley prepares a comprehensive advertising/promotional plan
including an estimate of costs. Once the final budget is received, Tinsley staff will revise the
marketing plan to remain within the approved budget. Like the annual budget request, TDC's
marketing plan goes before the TDC for approval and then to the BOCC for final approval.
Appendix III is the budget request presented to the TDC in June 2022 for the FY 2023 budget
while Appendix IV is the corresponding FY 2023 TDC-approved budget request presented to the
BOCC for final approval. We reviewed these documents along with the FY 2023 marketing plan
to identify what economic justification was provided to support the material increase in the FY
2023 advertising budget allotted to Tinsley. We could not locate within these documents or within
the related meeting minutes any support or discussion pertaining to the need to increase Tinsley's
FY 2023 budget by over 60 percent.
Our review found that the TDC's budget request was difficult to comprehend. The budget request
provided information on budget balances that were expected to be rolled forward to the new fiscal
year, but it provided little to no explanation on any other aspects about the TDC's fiscal year
operating budget. While the increase to the FY 2023 advertising budget is likely related to the
unexpected increased revenues received by the TDC over the past few fiscal years and during the
pandemic, this is not self-evident in the request and would not be transparent to a reader. An
explanation for increased advertising and justifying the amount of the increase would be critical
information for understanding the TDC's plans for Monroe County's tourism.
Given the materiality of the TDC's budget to the County, it is imperative that the TDC is
transparent and understandable on how it is crafting its budget each year. To that end, we
recommend TDC staff work with Monroe County's Office of Management and Budget(OMB)
to develop an annual budget process and corresponding reports that clearly show how the TDC
intends to expend its allotted fiscal year budget based on its strategic plan and explain the need
for any material budget increases/decreases for key aspects of TDC's operations (e.g.,
advertising,public relations, research, digital services, etc.).
Since December 2023, TDC staff have been working closely with OMB to restructure the TDC's
policies and procedures so they align with those of the County. TDC and OMB should include in
their restructuring changes to the process for developing an annual needs-based budget.
18 —
Appendix I
Current Contract Between
Monroe County
And
Tinsley Advertising & Marketing
^- 19 -
ADVERTISING AGENCY AGREEMENT
THIS AGREEMENT ("Agreement'), made and entered into this 21st day of
gIy ........ 2021, by and between Monroe County, Florida, (hereinafter called the
"County"), and Underwood Martell, Inc., doing business as Tinsley Advertising &
Marketing, Inc. (hereinafter called the"Contractor"),
WITNESSETH:
WHEREAS, the, County issued a Request for Proposals ("RFP) for professional
advertising services, which includes consulting advice relating to the Monroe County
Tourist Development Council ("TDC") marketing and promotion of tourism,, and
WHEREAS, Contractor was the solle proposer to the RFP; arid
WHEREAS, Contractor been furnishing quality professional advertising services
which promote tourism for thirty-fiive (35)years and is otherwise q,ualified to provide the
services„ and
WHEREAS,the Monroe County TDC, an advisory board to the County's Board of
County Commissioners ("BOCC"), has recommended to the County that a new
Agreement for advertising services be entered into with Contractor, and
WHEREAS, County desires to enter into this Agreement for advertising services
with the Contractor;
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. Term The term of this Agreement is for as period of three (3)years beginning on
October 1, 2021 and expiring on September 30, 2024. The County shall have an option
to extend this Agreement for one (1)additional two (2)year period.
2. Scope of Services: The Contractor will serve as the exclusive full-service,
advertising agency for the TDC, and will provide advertising services for the County as
provided in this Section 2 and Section 3 (the "Scope of Services"), The Contractor and
the advertising programs are subject to review by the Monroe County TDC.
K Key Personnel, This Agreement is a professional service Agreement
with expectation that principal personnel performing the services are those personnel
listed. Notice of any change in, the following personnel shall be sent to the TDC, The
principals assigned are the folliowiinig�
1) John Underwood, Chief Executive Officer
2) Dorn Martell, Chief Creative Officer
3) Danielle Salman, Account Supervisor
Advertising Agreernent PY 202,2
101#26091
20 —
MINNUM STAFF PERSONNEL ASSIGNED:
1) Account Supervisior", approved by the Chairperson of the TD,C
and Marketing Director
2) Senior Account Executlivel, Account Coordinator and additional
staff withm the normal services will be assigned as required,
�B, At least one (1)of the principals shall meet with the Monroe County
TDC at all regularly scheduled meetings of the TDC, the Advisory arid Umbrella
Committees, and at any other times as directed by the TDC upon written notice to the
Contractor. For purposes of this section written notice can be provided by email rather
than the formal notice procedure as set forth, in Section 16 below,
C. Contractor agrees to assign an advertising Account Supervisor who
will devote such time and effort as necessary to the account on a priority basis, inctudinrg
fualll time when required, Duties of the Account Supervisiorwill include contact as required
with the Chairperson or Vice-chairperson of the TDC, Marketing Director or other
designee. Other duties include regular consultation visits throughout IMonroe County,
consultations with TD,C Advisory Committees,withiin The Florida Keys & Key West (the
"Florida Keys"), and interfacing with other agencies of record such as Public Relations
and website provider as directed by the TD,C„ participation in, and coordination of,media
planning;;
coordination of production and traffic activities with the Contractor,coordination
of and liaison with mail fulfillment services on behalf of the 'rIDC' and harson with private
sector resorts, attraclJons, and other tourism related fieldsin the County, relating to the
development of an effective advertising program for the Florida Keys,
D Contractor agrees that time is of the essence, and to provide on a
timely basis, copy and concepts and supervision of tang6le materials for media and
collaterail production materials, ,including radio and television,pirint,digitallmobile,social,
website, outdoor, direct mail or any such technology which may be employed to further
the objectives of the TDC, traffic and billing of media and collateral production materials,
E Contractor shall provide materials for the design and creative content
of the County's website upon request of the TDC website provider, Notwithstanding
anything herein to the contrary, retOLAching and image comp,ositing for website creative
materials (existing video and photography owned by the TDC that the agency has
produced)are not included and will be billed at Contractor's standard rates,
F. Contractor shall employ its knowledge of available media and media
research,and normal use Of out-sourced media research services to which the Contractor
subscribes for the purpose of planning media advertising programs,
G, Contractor shall counsel the TDC/County in the use of special mieldia,
marketing, product and consurner research as may be advisable,
Advertising Agreement FY 20212
10#2609
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— 21 —
H Contractor shall formulate and recommend media plans, based on
written objectives established within,the TDC marketing plan which,shall be reviewed on
an annual basis,
1, Contractor shall order media space,tame or other rneans of media to
be used, endeavoring to secure the rnost advantageous rates available, checking and
verifying Such media use, auditing and paying involices to media
J, Contractor shall negotiate special Went fees in accordance with
trade contracts to be snore inclusive of totail work and keep costs to a r7linimuni
K: Contractor may establish Agreements with sub-contractors for
production,traffic and other marketing services,
L Contractor shall obtain written pre-approval on,all advertising,media
buys,production and inater4s from the TDC Marketing Director or the TD,C Chairperson,
fit, Contractor shall have all media and production expense accounts
placed on indlivi!dual purchase orders, All invoices shall have the proper purchase order
number. No iin,voice willl be paid LiMess,account funds are available No invoices will be
paid outside the advertising budget without TDC approval.
3, _Q�om qfjpp
..lion: Compensation shall be paid, subject to avadability of Tourist
Development Tax Funds and approved purchase orders,, as,follows:
A Media (Placement:
1) Contractor shall be compensated for media placement at the net
cost to Contractor plus Fifteen percent(115%)commission,, upon
receipt and proof of payment of media invoices with, affidavit's
andlor tear sheets, screenshots, etc. Net rate is the actual
negotiated paid cost for,rnedia placement to the vendor,without
any markup costs. This will include all generic and district
campaigns, cultural, fishing and diving umbrefla campaigns, and
all co-op advertising placement, Co-op advertising is established
to provide lodging accommodations and other tourist related
businesses within the County an, opportunity to, bluiy into TDC
advert isements,at a cost-effective rate
2) Contractor shall be reimbursed for projects designated as special
projects approved by the TDC at actual costs, plus Fifteen
percent (15%), the total riot to exceed the amount budgeted by
the TDC
3) ln: the event of a catastrophe for the County arid/or for South
Florida„ such as a hurricane or other business interruption, and
subject to the provisions in paragraph 33, Force Majeure,or other
Advcnlisirg Agreernent FY 2022
ID#2609
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— 22 —
crisis management situation,the Contractor shall confer with the
TDC Marketing Director and/or TIN C Chairperson and perform
the same types of services, described in this Agreement, The
Contractor also agrees that it will have protocol (see Exhibit A)in
place for any catastrophe affecting the Contractor's base of
operations, i.e. safeguarding of all official photography and film;
facilities and equipment available; staff availability and all other
vital material) relative to the continued ma,irketing of the Florida
Keys, In addition, the Contractor will ensure the ability to cancel
existing niedia and produce and place ongoing media.
4) Contractor shall prioritize local talent and sub-contractors for
production and other marketing services when appropriate,
B, ReirribursptjtE eirmd'itures The County shall reirriburse the
Contractor for all approved expenditures and payments made on the County's behalf for
media placernent Subject to state and County rules and regulations. The Contractor shall
submit invoices with supporting documentation that is acceptable to the Monroe County
Office of the Clerk of Court and Comptroller("County Clierk") Acceptability to the County
Clerk is, based on Accepted Accounting Principles and such laws, rules,, and regulations
as may govern the County Glerk's,dilsbursal of funds, Packaging,shipping,express mail),
postage, legal' expenses on behalf of County, and travel expense for Contractor's
personnel shall be considered reimbursable expenses, subject to County's approval.
'Travel expenses of approved personnel on: behalf of the business of the TIC shall be
compensated at the rates estabfished! by Florida, law and County law and policy.
C, ],RylgiKeA,:
1) All invoices submAted by the Contractor to, the TIC !shall have
the proper purchase order number and be miarked as to which
account is property chargeable.
2) Nomial production costs for specific pre-approved lobs will be
submitted for payment at one time upon completion. The
Contractor is encouraged to use in-county vendors to supply
services wherever possible,and when the local vendor's are able
to supply goods or services that are at least equivalent to the
quality of goods and services of out-of-county vendors and rneet
the needs of the TD,C and the Counity. To that end, the,
Contractor understands and agrees that in any project the,
Contractor, if requested, may need to prepare and submit a
production budget for approval by the TIC Marketing
Director. This budget would include a breakdown of expenses by
category and the name of each vendor or subcontractor
proposed for each category,
Adwitising Agreernent FY 2022
10,42609
4
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3) No percentage will be added to Contractor charges for
packaging,shipp0g,express mail, postage,telephone,legal fees
and services and travel expenses for Contractor's personnel.
4) The Contractor's invoices and statements shall be payable by
County according to the Florida Local Government Prompt
Payment Act,
5) Contractor may seek reimbursement for rnedia placed but then
not run due to declared emergency, pursuant to Section 29.
D Production Charges:
1) The Fifteen percent (16%) commission on the net media
placement budget covers the cost of, Contractor senior
management services, account management services, media
services, accounting services and staff creative development
services for Generic, DAC, Event and Umbrella advertising as
follows,
(al) Existing newspaper campaign ads, including: revised layout„
new copy/copy revisions, art 6rection, traffic & production
supervision. Note: computer artists, color copies,, retouching,
image compositing and digital proofs are riot included.
(b)All new co-op newspaper ads including: concepts, and
comprehensive laYOUtS, copy/copy revisions, art direction,
traffic& production supervision, Note,, computer artists, color
copies, retouching, (image compositing end digital prooll's are
riot included.
(c) Existing magazine ads, including' revised layout, new
copy/copy revisions, art direction, traffic & production
supervision. Note COMPLIter artists, color copies not included,
retouching, image compositing and digital proofs are not
included.
(d) Existing digital/mobile marketing ads, including: revised
format, new copy/copy revisions, art direction, traffic &
production Supervision. Note: computer artists, color copies,
retouching, image cornpositing and digital proofs are not
included.
(e) Minor revisions to existing television and radio (such as new
supersititles, sponsorship logos, etc,),
Advwfising Agreement FY 2022
ID#2609
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— 24 —
2) Creative Services Not Included: staff creative development
services for media and collateral materials, i,,e,; photo shoots/TV
shoots/podcast videos, editing television cornmercia4s,
videoslinfomercials, point of sale materials, new magazine
campaigns, new newspaper campaigns, new digital/mobile
campaigns, direct rnail, new brochures and major or revisions to
existing brochures will be estimated and prior approval obtained
for each project at the following hourly rates:
Creative Director-$180f 010
Concepts and Coimprehensrve Layouts-$175,00
Senior Copywriter-$175.00
Copywriter - $140,00
Senior Art Direction&Supervision -$165.00
Broadcast Supervision -$120.00
Computer Artist-$145.gO
Traffic& Production Supervision -$1$5 00
3), Out of pocket expenses for creative development are
reimbursable at cost plus Fourteen percent (14%) and may
include, but are not limited to, the followingi-,
Photographers and Assistants
Film Production Cie"
Editing Facilities& Services
Audio Recording Facilities
Models/Actors/Voice-over Talent
Four-Color Film (for priint pubs)
Stock Photo Search and Usage Fees
SAG and AFTRA Residual$
TV Dupes, Radio Dupes, etc.
Printing
Media and Collateral Materials
Application development and/or programming
The County and the TDC assume no liability to fund this Agreement for an amount in
excess of this award. Payment for expenditures permissible by law and County policies
shall be made through reimbursement to Contractor upon presentation of invoices, and
other documentation necessary to support a claim for reimbursement. The County's
performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Board of County Commissioners.
E, 'The County determines its annual media and advertising budget
("Advertising Budget") each Fiscal Year (October, 1 to Septernber 30) for the Scope of
Services based upon the projected County's Tourist Development Tax Funds("Budget"),
including the projected Tourist Development Tax funds for the Generic Advertising
kivertisung Agwerrvent FY 2022
ID#2609
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— 25 —
("Generic Budget"'), each, District ("DAC Budget"), and the Fishiing, Diving and Cultural
Umbrella ("Umbrella Budget"), as allocated in each speciific line item/cost center/project
number, The County understands and acknowledges that the Contractor reWs upon the
Advertising Budget that is adopted each Fiscal Year to determine its anticipated
compensation and income under,this Agreernent especially as this is an exclusive agency
agreement, The County further understands that the Contractor performs a, substantial
portion of the scope of work prior to the placement of advertising and the Contractor
develops a media plan which outlines the work performed by the Contractor prior to the
placement of advertising, The Contractor understands and acknowledges that the
Advertising Budget may be cut during the County's Fiscal Year due to Uncontrollable
Circumstances that effect the County's tax revenue and projected Budget, Genedc
Budget, OAC budget and Umbrella Budget. The Contractor understands that, if the
Budget, DAC Budget, or Umbrella Budget does not have sufficient funds to pay the
Contractor due to an Uncontrollable Circumstance(s), the County does not have the
obligation or ability to pay the Contractor. If the Advertising Budget set for each Fiscal
Year is reduced due to a declared emergency and when sufficient funds are available
wiftin that Fiscal Year, the County agrees to pay to Contractor at the end of each Fiscal
Year a seven and one-half percent (7.5%) commission for the work performed on the
planning and placement on media that is planned, as demonstrated in the Contractor's
media plain, but not placed due to a reduction in the Advertising Budget or a declared
emergency.
Invoices relating to a reduction in advertising or a declared emergency must be submitted
to the TDC administrative office no later than,ten (10)business days after the end of the
fiscal year(September 30"').
4, Contractor' A ppTatance of r Condfions� The Contractor hereby
------- agrees to carefully
examine the Scope of Services and assumes full responsibility therefore. Under no
circumstances„conditions or situations shall this Agreement be more strongly construed
against the County than against the Contractor,
a) Any ambiguity or uncertainty in the Scope of Services shall be interpreted and
construed by the County,and the COUnity's decision shall be final and binding upon
all parties.
b) The passing, aipprovail and/or acceptance by the, County of any of the services
furnished by the Contractor shall not operate as a waiver by the County of strict
compliance w4h the terms of this Agreement. Failure on the part of the Contractor
to immediately correct a default after a Notice to Correct the default, shall) entitle
the ounity', if it sees fit, to correct the same and recover the reasonable cost of
such replacement arid/or repair, frorn the Contractor, who in any event shall be
jointly and severely liable to the County for all damage, loss and expense caused
to the County by reason of the Contractor's breach of this Agreement and/or his
failure to comply strictly and in all things with thus Agreement and with the
specifications,
Advedsing Agreernent FY 2022
10#2609
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— 26 —
c) The Contractor agrees that the TDC may designate representatives to visit the
Contractor's facflity(ies) periodically to conduct random open file evaluations
during the Contractor's nonnW business hours,
d) The Contractor warrants that it has, and shall) maintain throughout the term of this
Agreement,appropriate licenses and permits required to conduct its business,and
that it will at all times conduct its business activities in a reputable manner, Proof
Of Such licenses and permits shall) be submitted to the County upon request
5, Advertising Ag ency of Record: The County appoints Contractor (i) as the, TDC's
exclusive advertising and marketing agency and sole media purchaser, and (ii) as the
sole agency of record in connection with the products andfor services of the TDC as
described in the Scope of Services, during the term of this Agreement. Contractor shall
act as the agency of record for preparation and placement of the County's TDC
advertising using "bed tax"funds except as otherwise rnutuaHy agreed upon. Contractor
shall perform related or special services as requested by the TDC Contractor shall be
the sole entity charged with the responsibility of preparing and placing advertising and
purchasing media with respect to the TDC.
6 Exclusive Representation: Contractor agrees that 4 gill not represent any private
resort or attraction within Monroe County, Ronda,or other county or, city destinations,or
direct marketing organizabon(DMO)within the State of Rorida without the prior approval
of the TDC and the County, during the term of this Agreement. Notwithstanding the
foregoing, the Contractor may create and be compensated for print and video materials,
including but not limited to, concepts and photography, for businesses, resorts and
attractions in the County as part of the Co-op Advertising Program and other County
programs,
7. Contractor's Financial Records and Right to Audit: Contractor shall maintain W
books, records and documents directly pertinent to performance under this Agreement an
accordance with generally accepted accounting principles consistently applied, Each
party to this Agreement or their authorized representatives shall have reasonable and
timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four(4)years following the termination
of this Agreement. If an auditor employed by the County or Clerk determines that monies
paid to the Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement,the contractor shall repay the monies together with interest calculated
pursuant to Sec, 55.03, Rorida Statute, running from the date the monies were paid to
Contractor.
Right to Audit Availability of Records Tire records of the parties, to this Agreement.
relating to the Scope of Services, which, shaJI include but not be lirn4ed to accounting
records (hard copy, as well as COMPUter readable data, if it can be made avaflaWe;
subcontract files(including proposals of successful and unsuccessful bidders„ bid recaps'bidding instructions, bidders list, etc,); original estimates, esfirnating work sheets„
correspondence; change order files (including documentation covering negotiated
Adve0isling Agreetnent FY 2022
0#2609
8
— 27 —
settlements), ba,ckcharge logs, and supporting documeintafiond general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends* any other
supporting evidence deenled necessary by County or the County Clerk to substantiate
charges related to this agreement, and all other agreements,Sources of information and
matters that may in County's or the Courity Clerk's reasonable judgment have ally
bearing on or pertain to any matters, rights,duties or obligations Under or covered by any
contract document (ail foregioing hereinafter referred to as "'Records") shall be open to
inspection and subject to audit and/or reproduction by County's representative and/or
agents or the County Clerk, County or County Clerk may also conduct ve6fications,such
as, but not limited to, counting employees at the job site,, witnessing the distribution of
payroll, verifying payroll computations, overhead computations, observing vendor and
supplli�er payments, miscellaneous allocations,special charges,verifying information and
amounts through interviews and written, confirmations with employees, subcontractors,
suppliers,, and Contractor's representatives Ali records shall be kept for ten: (10 )years
after Final Completion of the Scope of Services/Proj�ect, The County Clerk possesses
the independent authority to conduct an audit of Records, assets, and activities relating
to this Scope of Services. If any auditor employed by the County or County Clerk
,determines that monies pa,id to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Contractor sh'ail repay the moniies
together with interest calculated pursuant to Section 5 , F.S , running form the date,
the nionies,were paid to Contractor, The right to audit provisions survives the termination
of expiration of this Agreement.
8. Flublic Records Compliance. Contractor must comply with Florida public records
laws, including but net firniteld to Chapter 119, Florida Statutes and Section 24 of arlicle, I
of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or other
"PUWic record"materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance, The County shaill(have
the right to unilaterally cancel thus contract upon violation of this provision Iby the
Contractor, Failure of the Contractor to abide by the terms of thus provision shall be
deemed a,material breach of this contract and the County may enforce the terms of this
provision in the forma Of a Court proceeding and shall, as a prevailing party, Ibe entitled to
reimbursement of all attorney's fees and costs associated with that procee6ng. This
provision shall survive any terrmnation or expiration of the contract,
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terrris and
conditions of this contract,the Contractor is required to:
(1) Keep and maintain public records that Would be required by tile County to perform
the service,
Advertising Agreement FY 2022
101#2609
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(2) Upon rec6pt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not tra.nisfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County, all PLibilic
records in possession of the Contractor or keep and maintain, pubNc records that would
be required by the County to perform the service, If the Contractor transfers all public
records to the County upon completion of the contract, the, Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains publlic records upon
completion of the contract, the Contractor shell meet all applicable, requirements for
retaining public records.All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible with
the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify the Contractor of the request,and the Contractor must
provide the records to the County or allow the records to be inspected or coped within a
reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cannel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided
by law,
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATIQN QF CHAPTER 112, FLQRIDA TATUTE§, Tg THE
C_QN.TRAC1QR'§ D BLI D§C RECPR RELATINP T
_. qTY,TQ..,PRQV[QE PY.
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
BRIAN BRADLEY AT PHONE NUMBER g5-292-247 BRADLEY-
3
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BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE, 1111 12 TH STREET, SUITE 408, KEY WEST, FIL 33040.
9. Hold Harmless The Contractor covenants and agrees to indemnify and hold
harmless the County and the TDC from any and all claims for bodily 0jury (including
death), personal injury and property damage (including property owned by the County)
and any other losses, damages and expenses (including attomey's fees)which arise out
of, in connection with, or by reason of services provided by the Contractor or any of its
subcontractors in any tier, occasioned by the negligence, errors or other wrongful act of
omission of the Contractor or its subcontractors in any tier, their employees or agents.
10. At all times and for all purposes under this Agreement
the Contractor is an independent contractor and not an employee of the COUnty. No
statement contained in this Agreement shall be construed so,as to find the Contractor or
any of his employees, contractors, servants or agents to be employees of the County.
ill, Nondiscrimlinati= County and Contractor agree that there wiit be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the COUrtorder. County or Contractor agree to comply with aill Federal
and Plorida statutes,and all local ordinances,as,applicable„ relating to nondrschmination.
These include but are not kmited to', 1) Title VII of the Civill Rights Act of 1964 (PL 889
352) which, prohibits discrlinimation on the basis of race, color or national origin; 2) Title
IX of the Education Amendment of 1972„as amended(20 U'SC ss, 1681.1683,and 1685-
1686), which prohibits discrimination on the basis of sex- 3), Section 504 of the
Rehabilitation Act of 1978„ as amended (20 USC S. 794), which i prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC
ss. 6101-6107) which prohibits discrimination on the basis of age" 5) The Drug Abuse
Office and Treatment Act of 1972(PL.92-255), as amended, relating to nondiscrimination
on the basis of drug abuse" 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, rebating
to nondiscrimination on the basis of alcohol abuse or alcoholism„ 7) The public Health
Service Act of 1912„ ss 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records- 8)Title VI I I of the Civil
Rights Act of 1968 (142 USC ss. 36,01 et seq.), as amended, relatir;g to nondiscrimination
in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990
(42 USC s. 12101 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability,, 10) Monroe COLInty Code Chapter 14, ArticleIll, which prohibits discrimination on the basis of race, collor, sex, relligion, national origin,
ancestry, sexual o6entation, gender identity or expression,familial status or age" 11)any
other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement,
12, AgI LLrIIqntLaqbcontract: 'The Contractor shall not assign or subcontract its
obligations under this Agreement, except in writing and with the prior written approval of
Advertising Agre*ment FY 2022
100 260rti
30 -
the County and Contractor, which approval shall be subject to such conditions and
provisions as the County may deem necessary,, This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this Agreement.
13, _Qorn2fiance with Law, In providing all services/goods pursuant to this Agreement,
the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to,
or regulating the provisions of, such services, including those now in effect and
hereinafter adopted, Any violation of said statutes, ordinances, rules and regulations
shall constitute a rnatedW breach of this Agreement and shall entitle the County to
terminate this Agreement inirnediateiy upon delivery of written notice of termination to the
Contractor, The Contractor shall possess proper licenses to perforn')work in accordance
with these specifications throughout the term of this Agreement.
14 Disclosure and Conflict of Interest: The Contractor represents that it, its directors,
principles and employees, presently have no interest and shall acquire no interest,either
direct or indirect, which would conflict in any manner with the performance of services
required by this Agreement, as provided in Sect. 112.311, et seq., Florida Statutes.
County agrees that officer's and employees of the County recognize and will be required
to comply with the standards of conduct for public officers and employees as delineated
in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts-, doing business with one's agency-, unauthorized compensation-,
misuse of public position, conflicting employment or contractual relationship; and
disclosure or,use of certain inforniation.
Upon execution of this Agreement, and thereafter as changes may require, the
Contractor shalll notify the County of any financial interest it may have in ally arid all
programs in the County which the Contractor sponsors, endorses, recommends,
supervises or requires for counseling,assistance,evaluation or treatment, This provision
shall apply whether or not such program is required by statute, as a condition of
probation, or is provided on a voluntary basis,
The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other, than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or Contractor, other than a bona fide employee working
solely for it,any fee, commission, percentage,gift or other consideration contingent upon
or resulting from the award or making of this Agreement, For the breach or violation of
the provision, the Contractor agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from nionies owed,or otherwise
recover the full amount of such fee, commission, percentage, gift or consideration.,
15, Arrears, The Contractor shall not pledge the County's credit or make it a guarantor
of payment or surety for any agreernent, debt, obligation,judgment, lien or, any form of
indebtedness, The Contractor further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this Agreement.
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16, Notice Req.,irem,ent: Any notice required or perm:itted' unider this Agreement shall
Wrr'j7 Notice
............................ ....................................be in ing and hand delivered or mailed, postage prepaid,to the other party by certified
mail, return receipt requested, to the foHowinq
FOR TDC. Stacey Mitchell and Maxine Pacini
Monroe County TOC
1201 White Street#102
Key West, IF IL 33040,
FOR COUNTY� Christine Linibert-Barrows,
Assistant County Attorney
PO Box 110216
Key West, R 041-1026
QNT[RA LTOR, John Underwood and Dorn Martell
Tinsley Advertising and Marketing, Inc,
2000 South Dxie Highway
Suite 105B
Warm, Fl- 33133
17 Taxes- The County is exempt from payment of Florida State Sales and Use taxes,
The Contractor shall riot be exempted by virtue of the County's exemption from paying
sales tax to its suppliers for materials used to fulfill its obligations under this Agreement,
nor is the Contractor authorized to use the County's Tax Exemption Number in securing
Such materials. The Contractor shall be responsible for any and all taxes, or payments
of withholding, reWed to services rendered under this Agreement,
18, Termination:
a) The County may terminate this Agreement for cause with seven (7) days' notice
to the Contractor. Cause shall constitute a breach of the obligat6ris, of the
Contractor to perform the services enumerated as the Contractor's obligations
Linder this Agreement.
b) Either of the parties hereto may terminate this Agreement without cause by giving
the other party one hundred and twenty(120)days written notice of its intention to
do so
c) For Contracts of any amount,, if the County deterniines, that the Contractor ties
submitted a false certification under Section 287,135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List,or, is engaged
in a, boycott of Israel, the County shall have the option of (11) terminating: the
Agreement after it has given the Contractor/written notice and all opportunity to
demonstrate the County's determination of false certification was in error pursuant
to Section 287 Florida Statutes,or(2)rnaintainiinq the Agreement if the
conditions of Section 287,135(4),, Florida Statutes, are met,
Adverfising Agreement FY 2022
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d) For Contracts of S11,000,000 or more, if the County determines that the
Contrac too/Co nsuftant submitted a false certification under Section 287,135(5),
Florida Statutes, or if the Contractor has been placed on the Scrutinized
Companies with Activities in the Sudan, List, the Scrutinized Comparlies with
Activities in the lra,n Petroleum Eniergy Sector List, or been engaged in business
operations in Cuba or Syria, the County shall have the option of (1) terminating
the Agreement after R has given the Contractor written notice and an opportunity
to demonstrate the Counity's determination of false certification was in error
pursuant to Section 287135(5)fa1, Florida Statutes, or (2,) maintaining the
Agreement if the conditions of Section 287.13,5,(4), Florida Statutes,are met,
19, Governing Law,Venue,. Interpretation, Qosts and Fees:
a) This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to agreements made and to be performed entirely
in the State,
b) In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of this Agreement, the County and Contractor
agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
c) The County and Contractor agree that, in the event of conflicting interpretations of
the terms or a, term of this Agreement by or between any of them, the issue shall
be submitted to mediation priorto the institution of any other admlinistirafive or legal
proceeding,
d)i Severability. If any term, covenant, condition or provision of this Agreement (or
the application,thereof to any circumstance or person),shall be declared invalid or
unenforceable to any extent by a, court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby, and each remaining term, covenant, condition and provision of
this, Agreement shall be valid and shalt be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenant$,
conditions and provisions of this Agreement would prevent,the accomplishment of
the original intent of this Agreement. The County and Contractor agree to reform
the Agreement to replace ally stricken provision Mth a valid provision that comes
as close as possible to the intent of the stricken provision.
e) Attorney's Fees and Costs. The County and Contractor agree that in the event
any cause of action or administrative proceeding is initiated or defended by ally
party relative to the enforcement or interpretation of this Agreement,the prevailing
party shall be entitled to reasonable attorney's fees, court costs, rnvestigative and
out-of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative and out-of-pocket expenses In
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ID#2609
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appelliate proceedings, Mediation proceedings inMated and conducted pursuant
to thiis,Agreement shall be in accordance with the Florida Rules of Civil Procedure
and usual and customary procedures required by the circuit court of Monroe
County,
f) Adjudication of Dsputes or Disagreements County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by Meet and Conifer
Sessions between representatives of each, of the parties. If the, issue or issues
are still not resolved to the satisfaction of the parties,then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by
Florida law,
g) Cooperation In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution:, performance or breach of
this Agreement, County and Contractor agree to participate,to the extent required
by the other party, in all proceedings, hearings, processes, meetings anid other
activities related to the substance of this Agireernent or provision of the services
under this Agireemient, County and Contractor specificaHly agree that ino party to
this Agreement shall be required to enter into any arbitration proceedings related
to this Agireement
20, Binding Effect- The terms,covenants,conditions and provisions of this Agreement
slhallll bind and inure to the benefit of the County and Contractor and their respective legiall
representatives, successors and assigns.
21, AgjLorjity. Each party represents and warrants to the other that the execution,
deflivery and perforrnaince of this Agreement have been dLJJy authorized by all necessary
County and corporate action,as required by law,
22. Qla4iis for,Federal or gate Aid: Contractor and County agree that each shall be,
and is,, empowered to apply for, seek and obtain Federal and State funds to further the
purpose of thiiis Agreement„ provided that aill applications, requests,grant proposals and
funding solicitations are not for funidiing already provided under this Agreement.
23, All of the pinvileges and immunities from l0biWy,
exemptions from laws,ordinances and rules, and pensions and relief, disabifity,workers'
compensation and other benefits which applly to, the activity of officers, agents or
employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shailll
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers or employees outside the territorial limits of'Ohe COUilinty.
24. LeglaLQtbAatiions and Rqs oL�iL i ities N - ale gtion of Constitutional or
L_ _p_I U___ _qqk_a ..
Statuto[y Duties, This Agreement is not intended to, nor shall it be construed as, relieving
any participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by any participating
Advertising Agreement FY 2022
ID#2609
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— 34 —
entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the County, except
to the extent permitted by the Florida constitution, state statute and case law,
25. Non-Refiance by Non-Parti : No person or entity shall be entitled to rely upon
the ternis, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder,
and the County and the Contractor agree that neither the County nor the Contractor or
any agient, officer or employee of either shall have the authority to inform, counsel or
otherwise indicate that any particular individual or group of individuals, entity or entities,
have entitlements or beriefits under this Agreement separate and apart, inferior to, or
superior to,the community in general or for the purposes contemplated in this Agreement.
26, Attestations, Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Stateirrient, an, Ethics Statement arild
a Drug-Free Workplace Statement,
27, No Personal Uabi4ty. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of the
County in his or tier individual capacity, and no member, officer, agent or employee of
the County shall be liable personally on this Agreement or be Subject to any personal
liability or accountability by reason of the execution of this Agreement.
2& Insurance: The Contractor shall maintain the following required insurance
throughout the entire term of this Agreement and any extensions, Failure to comply with
this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced, Delays in the completion of work resulting
frorn the failure of the Contractor to maintain the required insurance shall not extend any
deadlines specified in this Agreement and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for
Contractor's failure to maintain the required insurance,
The Contractor shall provide, to the County, as satisfactory evidence of the required
insurance, either
Certificate of Insurance
OR
A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Agreement All lnisurance policies must specify that
they have thiirty (3tt),day notice of cancellation, non-reinewal, material change in policy
language or reduction in coverage, The acceptaiince and/or approval of the Contractor's
insurance shall not be construed as relieving the Contractor from any liability or obligation
assumed under this Agreement or imposed by law, The Monroe County BOCC, its
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employees and officials shall be included as an "Additional Insured°" on all insurance
poficies, except for Workers' Compensation, as their interests may appear in alp policies
issued to satisfy these requirements,
Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance Requirements".
Any deviation Must be approved in writing by Monroe County Risk Management.
a) Prior to the commencement of work governed by this Agreement, the Contractor
shall obtain Workers' Compensation Insurance with limits sufficient to comply with
Florida Statute 440. In addition, the Contractor shall obtain Employers' LiaNity
Insurance with limits of not Less than:
S100,00C O Bodily Injury by Accident
$500,00C O Bodily Injury by Disease
$100,000 Bodily Injury by Disease, each Employee
Coverage shall be maintained throughout the entire term of this Agreement.
Coverage shall be provided by a company or companies authorized to transact
business in the state of FIohda and the company or companies must maintain a
minimum rating of A-V1, as assigned by,the AN, Best Company.
b) Prior to the commencement of work governed by this Agreement, the Contractor
shall obtain General UabilAy Insurance. Coverage shall be maintained throughout
the life of the Agreement and include, as a 1*11irnUrr'
* Premises Operations
* Products and Completed Operations
* Blanket Contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The rninimurn limits acceptable shall be:
$1,000,000 per Occurrence and$1,000,000 Aggregate
If split limits are provided, the minimum Limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the
effective date of this Agreement, In addition, the period for which clairns may be
reported should extend for a minimum of twelve (12) months following the
acceptance of work by the County,
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c) Recognizing that the work governed by this Agreement involves the furnishing of
advice or services of a professional nature, the Contractor shall purchase and
rnaintain, throughout the life of the Agreement, Professior,4 Liability Insurance,
which will respond to darriages resulting from any claim arising out of the
performance of professional services or any error or omission of the Contractor
arising out of work governed by this Agreement.
The minimum limits of liability shall be° $300,000 per OCcurrence/$500,000
Aggregate,
d). Advertising Professional Liability kisurance with niiinimum limits of'; 1,000,000 pier
Occurrence and $2,0010,0100 aggregate.
The IBOCC shall be named as Additional lnsured as their interests may appear on
all insurance policies issued to satisfy the above requirements
29, Uncontrollable Circumstances: Any delay or failure of either Party to perform its
obligations uinider this Agreement will be excused to the extent that the delay or failure
was caused directly by an event beyond such, Party's control, without such Party's fault
or negligence and that by its nature could not have been foreseen by such Party or, if it
could have been foreseen, was uinavoiidableo (a) acts of God" (b)flood, fire, earthquake,
explosion, tropical storm, hurricane or other declared emergency in the geographic area
of the Scope of Services;, (c) war, invasion, hostififies (whether war is declared or not),
terrorist threats or acts, riot, or other 601 unrest in the geographic, area of the Scope of
Services,, (d) government order or law in the geographic area of the Scope of Services-
(e)actionis,, embargoes, or blockades in effect on or after the date of this Agreement; (6
action by any governmental authority prohibiting work in the geographic area of the Scope
of: Services ("each, an ""Uncontrollable Circumstance"), Contractor's financial inability to
perform, changes in cost or availability of rnateriials, cornponerits, or services, market
conditions, or supplier actions or contract disputes w0l not excuse performance by
Contractor under this Section. Contractor shall give County written notice within seven (7)
days of any event or circumstance that is reasonably likely to result in an Uncontrollable
Circumstance, and the anticipated duration of such Uncontrollable Circumstance.
Contractor shall use all diligent efforts to end the Uncontrolllable Circumstance, ensure
that the effects of any Uncontrollable Circumstance are rninirnized arid resume full
performance under this Agreement The County will not pay additional cost as a result of
an Uncontrollable Circumstance and it is understood that reduced funding County funding
that is caused by a Uncontrollable Circumstance will excuse the County's performance
and,obligation to pay under this Agreement
X E-Verify: Effective January 1, 2021, In accordance with F.S. 448.095, Contractor
shall utilize the U,S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the
Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
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Security's E-Vehfy system to verity the employment eligibility of Wi new employees hired
by the subcontractor during the Contract term,
31, Execution in Taunter arts. This Agreement may be executed in any number of
COUnterparts, each of which shall be regarded as an original, aH of which taken together
shah constitute one and the same instrument and any,of the parties hereto may execute
this Agreement by signing any such COUnterpart.
32, $g�qLqn__HgqgjLi Lq. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and at is agreed that such section headings are
not a part of this Agreement and will not be used in the lnterpretation of any provision of
this Agreement,
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1TNESS� WHEREOF, theparties hereto have caused this Agreement to be
the day and year first above written.(SEAL.) Board of County Commissioners
t.Kevin Madok, Clerk of Monroe Co — —.-
� puiyIerk .� a� �. �1 rvteyor he rnt n
(To be filled out by Contractor)
TinsVAdynr1ndettri rac.
C
Print NA me Date
AND TWO WITNESSES
)
Print Nerne Print Marne
Date: Date.,
C191,k19¢h%'4.tla qMmT INiMgk
B9Wti4C.aLN"I'�f.;NWfi+V^'ti iw:TGMIXbR"M
Adaertl ing Agreement FY 2 22
ID#
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39 ^-
Exhibit A
CRISIS M� ANIAGEMENT PLAN
ln an effort to provide uninterrupted service to The Florida Keys& Key West (the"Florida
Keys") during a hurricane emergency or other catastrophic event, the Contractor has
established a standard plan of action,
The Contractor has identified vacuous hurricane scenarios that left unchecked,could affect.
the Contractor's service capability to the Courity. Therefore, to ensure clontlinURy, the
Contractor has instituted a phased pilain to provide for any, starry contingency, Although
hurricane focused, this protocoll may be applied to, other emergencies whereby
communications to the Florida Keys are cut off or regional bUsiness, is SLIspended,
The following outlines different situations and reviews the response for each This
preparedness plan begins before each hurricane season with the Contractor's standard
digital assets protocol,
1. TEAM REVIEW
The Florida Keys emergency team is comprised of the following staff rnembersn
CEO
CCO
Diirector of information Services
Senior Account Executive
Media Director
Associate Media Director
Associate Creative Director, Sr Art Director
Associate Creative Director, Sr, Copywriter
This team reviews possible scenarios each season and is empowered to mianage
hurricane communications per Agreement between MCTDC and the Contractor The
team is ready to respond to category 1 through 5 storms and has set procedures for when
a hurricane"watch", "warning"and "all clear," is issued by the National Hurricane Center
as outliined below.
111, DIGITAL ASSET MANAGEMENT
Any file saved to the secure Contractors server is continuously backed-tip to a five Cloud
storage service with redundant locations in the western United States, Most data, is also
backed up to the Goo le Cloud daily, As an,added precaution,there are redundant hard
drive copies of our precious Keys innage library safe and sound with at least six (6)
different employees at six (6)independent locations at alll times.
AdvLnUsing Agreemw,it FY 2022
IN 2609
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III. VIDECI ASSET POLICY
The raw video files are copied to backup hard drives and a server array as soon as they
arrive from a shoot, These files are continuously backed uip to a(live Cloud storage service
that has redundant locations in the western United States.
W. HURRI11CANE SCENARIOS
'The following are the procedures the Contractor wiH follow based on the actual severity
of the crisis,
1. The hurricane completely bypasses the destination,and therefore has no affect in,
maintaining business as usual°
A(�TIQN, There was no evacuation and no need for emergency advertising,
2. A Hurricane bypasses the Florida Keys but due to news coverage there are
misconceptions of actual damage to the Florida Keys and many reservations are
canceled (i,e, Hurricane Michelle)°
ACTION:An advertising caimpaigin must be in,place to inform tounists that it's okay
to continue their vacation plans,
3. A hurricane bypasses the destination, but tourists have been evacuated (i.e.
Hurricane lvan):
8_C7"ION, An emergency advertising plan is immediately put in place to Worm
tourists that it is safe to return to the Flohida Keys within twen!ty-four(24) hour's of
the passing storm,
4. A hurricane bypasses the destination, tourists have been evacuated, and the
hurricane has yet to strike another part of the United States(i,e. Hurricane Katrina):
8,_CT1QM An,emergency advertising plan is immediately put in place to inform
tounsts that rt is safe to return to,the Ro6da Keys, but advertisements are created
with sensitivity toward the hurricane's impact on others,
6. A hurricane causes damage to part of the Florida Keys but the rest is open, for
business. (i,e, Hurricane Georges and Hurricane Imia ,
ACI)P/V, An emergency advertising plan is activated to save events and
reservations, un the areas of the Ronda Keys that were not affected by the storm
6. A hurricane renders the destination inaccessNe,or unable to deliver the expected
experience for some period of time (i.e. Hurricane Andrew)n,
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&Q' !Y, All me6a ms canceled (Contractor places a "hurricane clause" on all
media orders that allows the Contractor to cancel at no charge), Sltuation is
evaluated and advertising resumes when the County re peas.
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MURANCE 04ECKLIST FOR VENDORS%,)BmI,rTING PROPOSALS OR BIDS FOR WORK
'To imsist in the devOopment of your proposah, the 6nsurance coverages mar�ed with ar) "X" wfli be
required'in the event an award us made to your firm, Please rewt-m this form w4h your insurance agent
and have h'urn/her sugn it in the ptace proMed. It is aiso requ red that the bidder sr gm requWte forni
refiecflng coverage and submit it w4h theproposall,
WORKERYCOMPENSAMN
AND
EMPLOYERS'LIABILITY
Workers' Statutory Limhts
x Corripensation
Bodfly Injury by Accident/Bodily Injury by D seasse,Policy
Urnits/BodHy Injury by Disease each cam plloyee
WCT Emp oyers UabMty SliC)(),000/' 500,000/",",,100,00()
WC 2 Emp�oyers UabflAy $500,000,15500,000/s,500,000
WC 3 Emp�oyers Uat)H4V $1,0010,000,51,000,000 51,000,000
..............
US Longshoremen&
WCUSLH Harbor Wor Ikers Act $1,000,000
WCJA Federall Jones Act Sl„000,000
- 43 -
GENERAL UABILMY
As a rnnr nujm,the reqt0red gew,4 kabiky covefages MH 4wkjde:
• Preni�ifw Operation 0 Products and Comp eted Operations
• Wanket Cbntractual 0 PertdrnnaKK Unjury
ReqOedl Umiw
Gil $300,,000 Combdned San& LimVt
G1.2 $5010,000 Cornb4wd Slngp e Ufrdl
GB $10)0,000 Comb4wd Singkr Urnit
GIA Unift
GLS $3,000,000 CornWried Ski& Un,k
.............
GL6 $4,000,0GOComNrw(Mngle Urr�t
GU $5,000,00OConiWnedS�ngle Urn�t
Requ�red Endorsements�
GILLIQ Uquor kJabflity
GLS Security Sery ces
AH en dwrsemt.�nts are reqWred to have ttw same hm4s as the basic poky,
- 44 -
BUSINESS AUTOMOBHE li tABRITY
As a rninirnum,coverage should extend!to Hab'ifity fair:
0 Owned;Non,,Cwned and IWred Vehickm,
Requuired L�m tsu
S50,000 por Lae rsom$1100,000 Per Occurrence
$25,000 Property Damage
Or
$1010,1000 Combined'Skiigle 0rflt
(The use of Vt f shoWd be bruited to,speciM projects that invoW other
governmont,,iU eritrries or"Not for Prc,)fW'orgaoizatk>rm Risk f0joageoreni
VLI must approve the use of thrs form),
'$200,000 per Person;$300,000 per Occurrence,
S200,0W Property DaiTnoge
(�)r VL2 $300,000 Combined Sln& Urnit
$500,1000 per Person,$1,0(30,000 per Occurrence
$100,000 Property Damage
or
VL3 $1,000,0010 Cornbkwd Singk L.Jrr6t
VIA $5,0010,0()10 Ccimbin(,A%ng e binit
Mrwellarreous,coveraf—es
Lim ts equal to the
FiA Replacerrent Vilue of the corrp ctcd
BRI BuRders Risk Project
CU Cyber UabliIIAV $1,000,000
Urnlits equal to the max'umum vakie of ainy one
mvc Motor Truck Cargo shIpment
PRO PrcfcWonaU Uabflfity 5AX),000 per Occurrence $500,0()0 Agg,
PR02 5500,(K)0 Agg,
PR03 $3,000,0100 yarn 0ccrirrence52,000,fX)1D Agg,
POLL PoHuUcer Liability, S 5010AJO per Agg,
PO L2 $1,00,01,000 per Occurrenc4,,,/52,000,000 Agg
POU 00$3, 0,01010 per Cccurrcncc�S6,0,00,GDO Agg
PO 1.4 $5,0100,0100 per Gcnjrrenci,J$10,0010,000 Agg,
EDI Empkoyee Dishonesty 5,10,1000
EDZ $100,000
GIK1 Garage iKeeplers $300,000 ($25,000 per Veh0v)
GK2 $ 500,000($100,000 per Vefflcle)
..................GK3 $1,000,0100 (�2'50,000 per Vehicle)
- 45
MEDI Med4l Professional 5300,OOW,�750,000 Agg
.........................MED2 5500,000/sIlOW1000 NO,
..............MED3 $1,000,000f$3,000,000 Ag,
...........................MEN $5,000,000/$10,0M,000 AfW,
pnstaHaflon FWter MaOnus w0ue of Equupnierrt instaHed
VLPI Hazardous Cargo"Transporter M0,000 (Requires MCS,90)
.................................VLP2 $500,000(ReqWres MCS-90�
...........................VLP 3 $I,OUO,O(JO (ReqLiiIf!S MCS,90)
MaXurnk#Vr VIkIO of County Property that,M11 be
BLL BaHee Data, bn the BaHee's possession
HKLI Hanger,Keepers Uabillity MOXMO
.....................HKU 55()0,000
HKL4 S5,000,000
..................
MRI Aircraft UaWktv 51,00(),()0()
..................................
MR2 $5,000,000
..........................MR3 $50,DOO,000
AFOI ArcMects Errors Ornussicrns 250,0010 per Occurrence S500,000 Agg;
..................AL02 $5,00,000 per Occurrence/51,00,0,000 Agg,
.........................AEM $1,000,,000 per Occurrence/$3,000,(XV Agg
..................
AE04 M,000,0100 rx" Occur rence/$5,M),0(0 App
ARP M R sk Property FuH Replacement Uue of Structure
EO) Eng6eers Error's K Omnssbns '5250,,000 per Occurrence S500,000 AFfg,
.................E02 S500,(9)0 pvrOccmrcnccSI,(H)O,00O Agg,
..................E03 .................. S Agg
E04 S 5,O(XP,(K)0
WU Water.Craft UaWfity S500,04M Pcr(')ccurIrcncc
%VL2 S1,0410,000
- 46 -
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741 VISA
So mars feg fan toys"
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Appendix II
Monroe County
2021
Request for Proposals
For TDC
Advertising Services
- 52 -
ADVERTISIN'C',' REP SCIIEDt"'LE
FY2021
TIX kj)proval of'RFl?"Selection ('01ninittee,Approval 10 kd%'erfise
FEBRUARY 9,2021
(Deadline:imum)r 2 9� 202 1)
BOCC APPROVAL TO ADVERTISE. FEBRUARY 17, 2021
Pending,TDC approval on Febtumy 9th (Deadliiw Febniary 2,2021)
ADVERTISE RFP° FEBRUARY 22.,2021
44 DAYS
DEADLINE: ATOR,IL 6,2021,
SEND RE('EIP'F LE TIERS LET TFNG rHE.N1 KNOWNN E WILL BE
INFORMING OFA DL('ISI(')N AF]'ER SELE(TION COM.11ITTEEMEETS
SI'AFFREVIE\N: �PRIL 12, 1021 (Week of)
SE.NDTO SEI.E("HON COMMIT TIE,E: APRIL t9, 2021 (Week of)
SELECTION COMMITTEE REVIEW, MAY 3,2021 (,Week of)
INFOKM APPLICANTS OF DECISION. MAY 3,2021 (Week of"�
(4-5 weeks' notice)
PRESENTATIONS'ro'mc JUNE 8_11021
(Deadhlu: maV2,23, 2021)
SELECTION/C'ONTRAcr NEGOTIAIION MEETLN& JUNE 14,2021 (Week of)
CONTRACT TO TDC: JULY 20,2021
(Deadt�iel July 9, 2021)
BOCC APPROVAL OF CONTRA(7: AUGUST/SEPTEMBER
2021
53
M( NROE COUNTYBOARD OF
CO X IN I IYS 10,IN E R S
REQUESTFOR ("ONIPETITIV-E
SOLI(ITATION
MON ROE OUN-1 Y' 'I'M
Ms,Rita Chairperson
Mr,James Bemardin
Mayor michelle Coldiroll
Mr, George Femandez
Mayor Teii Johnston
MT, Timothy Root
Ms Diane Schmidt
Mr. michlel slupley
Ms Gayle Tiplvti
Director
Stacey Mitchell
All respouses swap initted (0 this sulicit"Itiou should I* submitted 'kia email tw QMB-
BIDS'k v and received no later than ��010 P,M, APR11 6, 2021 at:
L —�fi& ................................
Attentiow REQUEST FOR COMPETITIVE SOHCTFA'nww by,ofimionai
Ach erfising Agquicy Services fm Mout oe Townist Del elopmeut Council
Det,aifed insouctions can be fouud iii Section Ow? of the Requo:M for
Comperitive solicitati'm
Omnivnve Schcitahm f6i Profemional Adverftsing Apaxy Smicvs-2021
54 —
TABLE OF CONTENTS
Page
SEC 110N ONE
lusiniction to Pf op owts 4
SECTION TWO
General'Ttmis and Cmditimis 17
1�1(1'10N THREE
remn and Conditions specific to
PWO,suonal Advenising Agency'servico, 20
SE(T ION FO UR
Drift Apeement 22
SU Tj(),N FIVE
lu,suvanct Requircimuts mid
Re sponse F ornts,Required By,Mawoe County,flmkt 42
SECTION SIX
Requci'i faf Coml:wtifive Solicitinion Checklist '5'6
caqwitve sobcAtAmom fal hofesumW Abem�ng Apmey�m%ices-2021
55
SECTION ONE
INSTRUCTION TO PROPOSERS
All respondems,inust use the currew Competitive Solicitation Documents downloaded from
die webitte U ofany other document ini),result in your Submission
being rejected at the sole discretion of die County,
1.01 DESCRIPTION
Tbe Proposer awarded an Agreement shill provide Advertising Services for the Monroe
County Tounst Development Council(TDC), The Agreement will provide for the Advertising
Agency to act as i Provider to the TDC That shall provide services as oulfined AVIIIIII)
Spec$ficatirans in Section Three of this Corapet t ve Sol citatlou,
1.01 COPIES OF DOCUMENTS
A Only complete sets of Competftive Solicitation Documents will be issued arid s1hall
be used in prepartag responses, The County does not assume any responsibility for
errors,or Luisuitetprelifions,resulting from the use of Inconiplete sets
B, Complete sets of Docurtients may tie obtained in the mantset and at the location stated
in the Notice of Request f6i Competitive Solicitations,
1-03 RESPONSE REQUIREMENTS
In response to Covid-19, the Monroe ("'ounty Purchasing Department has
implemented anew electronic pucicess for receiving and opening sealed bids. "Momoe
Cortuty its committed to continuing to receive and Process competitive solicitations
while main taitting the health and safety of our employees and those who attend 1)id
openings. Please do not mail o�i, attempt to deliver in p�ei'son any sealed bids.
Mailed/physically delivered bids/proposals/responses NVILLNOT be acc opted.
The Motrioe Comity Purchasing Depailment heivii), directs that bids be submitted
Via email to: no later than YMP,'M-ou Api-il 6,
202L Please submit youi, confidential financial infoi,mation in a SEPARATE
E'MAIL from;wont bid and vertuhed documents. Your subject line on both emails,
must i earl as follows:
Professioual Advertising Agency Sei'vices fou.Monvoo Counly Tourist Development
oulicil
Files that do atot contain this subject line WILL BE REJECTED. Please nott', that
tire maximum rile size thal iviH be accepted by email is 25.11B. Please plan
CaaWewivt SoUftatkm f6%Pwfev%onal A&ettisuig Agency Sesvwe,M-2021
56 -
accordingly to ensure that your bid is not rejected due to the file size. Should your
bid documents exceed 25.NiB or if your bid documents are otherwise rejected or
undeliverable to ONIB-BIDS/,,-q,,motiroocouiitv.n.gov, please email: onab-
in advance of the bid opening so
accommodations can be made for delivery of tour id prior to the bid opening.Please
note that some files when converted or zipped may cause the file to increase in size,
so Please follow the instructions if your file is rejecred or undeliverable andfor if you
receive all email notification that your bid was rejected.Please be advised that it is
the bidder sole responsibility to ensure delivery of their bid and waiting until the bid
opening to address or con6rin your bid submission delivery will result in your bid
being rejected,
lite bid opening for this solicitation will be held virtually.via the internet,at 3:00
P-M..on April 6,2021.You may-call in by phone or interitet using the following:
Join Zoom Meeting
jiL! l,'tnrbocc,,zooi�n,itsljl4$O93"261,56
Meeting ED: 4509326156
One tap molade:
+16465189805,,4509326156#VS(Neur York)
+16699000,33 1,,41%9326156#ITS(San Jose)
DMI by your location:
1646 518.080.5 US(,New York)
+160"0 68.13 U's(,,San,lose)
1.04 DISQUALIFICATION OF PROPOSERS
A, NON-COLLUSION AFFIDAVIT:Any lierson subtrutting a Proposal in response to
this invitation must ex cure the enclosed NON-COLLUSION AFFIDAN IT. If it is
discovered that collusion exisis anion g the Proposers,the Proposal of all participants
in such collusion shall be rejected, and no participants in such collusion will be
considered in futures Proposals for the saure wont,
& PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list,following a conviction for a public entity crinte inay not subunit
a Proposal on an agreement to provide any goo&or,services to a public entity,tnay
not submit a Proposal on an agreement with a public entity for the construction of
repair of a public buildirig or public work, may not subrint Proposals on leases or
perform woit as a contractor, supplier, subcontractor or comultant urider an
agreement with any public entity, and may not transact business with any public
entity in excess of the threshold -unount provided in Section 287',017, Florida
Statutes,for Category Two for a period of 36 niandis,front the date of being placed
on the convicted vendor list,
Cbn4vtieve Solicitation for Profenional Advertising Agetry Senwes-2021
57
C' DRUG-FREE WORKPLACE FOn(L Any M,son sutlsnrrttn:tng a Proposal nn response
to this ctanatptennti%v solicitation nnuu t execute the enclosed DRUG-FREE
'tI"ORKPLAC'E FC"R.M aaaad suutannit it wsitlt the Prunp anal. Failure to contpulete this form
in everf detail autnd sulnttur it with your Proposal nnrauy result in arnutnnedtate
dsapuualrlicatinnnn,of your Proposal.
I . I.C,I'BB"i"LNG AND CONFLICT OF INTEREST CLAUSE StlaaC.lM STATEMElwi'T";.
Any Peracad suuluntitted a Proposal un response to this invitation to this c auntpnetatiure
sunlncitalion must execute the enclosed LOBBYING N C(:),NF"LIC"I OF
INTEREST C'LASUE SWORN STATEMENT and saulanuit it with the Nop oc al,
Failure to connprlele this fdrnn in every deta"rl and suibnnit it ua ntln your Prop osal unnay
result in unnunnediate disqualification of your Propncrsal".
E., PROPOSALS RECEWED AFTER DFADLNE: Any Proposal sanlurnuntted after the
Request for C:aar petntive Solicitation deadline of 3.0O P..N .roan A,pri d dw 2021 will
automatically be disapamh ied,
F. LO('AL PREFERENCE FClM Proposer, clainnuung; a haul preference nnuust
co unpalete the enclosed Local Preference Fornnn..
Cp VENDOR CERTIFICATION IIECIAICDNG SCRUTINIZED COMPANIES
LISTS: Section 282 135, Florida Staraates pnrrohr its a ctnnanpuarny train bidding corn.
surltranitnrrng at pnruala"al ffcrr.or eruterarag into a a�rrerreuw-ing a contract for goods or sellices
of an,! anactuant if. at the crone of contracting or renewal, tine caaunpuany is on the
Scrutinized Cotnpuannes that Boycott Israel List, created pnttrsuuamnt to Section
21S.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135,
Flohdwa Statuute,s,also Pranluulrrts a carnupnanny frrnnn lniddnng on, suuluntrtting a proposal
for,or enteruig into or renewing a contract for goods of senor ices of S1,09 0,000 o
more,that are oil eitbet°tpne Scrutinized C7ompaaxaies wirb Activities in Sucl;an List or
the Scru T uui rd C or npa nuies with Activities inn the Irian Petraoletunnu Ernetp Sector Lusts
which were created pursuant to s 215 4 73.Florida Statutes,at is engaged in ltuusinness.
anptenatiaans non Cuba or Syria.
1fi5 EX. MEtiATTON OF R.Et ITST FOR COMPETITIVE SOLICTTATICIS
DOC'1 NIE2MT:S
A, Each Proposer shall carefully exanntune the Request for Connpnetatiwe Solicitation and
ather Agr°eexaaernt docunrnnents„and infornn lnnnnselt thoroughly regarding any and all
conditions rind reuluuirennents that nnaay in any uunanner affect cost, progress of
pnerfornnance of tine vtork to be,plerforstaed under the Agreennenn" Ignorance on cite
girt ofthe Pr poser uw iu in no gray relieve bini ofthe obligations and responsibilities
a ssurned under the Agreement,
C"aaanpsetstive 5oh'isrtnamt Sau Piofvb°,rwruarl a"dverrnryu ng Aptivx^ rkaaew-'ltl ti
� 58
B, Should a Proposer find discrepancies or ambiguities in, or oinissions, from, the
specifications,or should he be in doubt as to their ineining, he.shall at once notify
the Cotinty.
L06 INTERPRETATIONS,CLARIFICATIONS.AIND ADDENDA
No oral interpretations will be made to any Proposer as to the ineatung, of the Agreement
docurnetnts, Any inquiry or request for iiiteq)retatioii received smen(7')or niore days prior to
the date fixed for opening of respowes will be answered,Written questions should be wailed
to Maxine Pacim4 Tourist Development Council,1201 White Street,Suite 102,Key West,
Florida 33040 or faxed to(305) 296-0798 entail may he sent
Any interpretation,correction or change of the Bidding Documents will be accomplished by
Addenda and if issued will be posted on DernandStar,uid a notification will be fluinshed by
DerruindStar to all kniram prospective bidders listed is planholders prior to t.he established
opening date Copies of Adclenda will also be ntide available for inspection wherew7er Bidding
(Documents are on file for that Purpose Interpretations,corrections,or clLinges of the Bidding
Doctrarents made in any other inanner will not be lamcling and Bidders shall not rely upon sitch
interpretations and changes. Oral and other interpretations or clarifications will be without
legal effect.Each Proposer shall acknowledge receipt of such addenda in the space provided
in the response forin attached to the Proposal document. In case any Proposer . Is to
acknowledge receipt of such addenda or as damn,his response will nevertheless be construed
,is though it had been received and acknowledged and the submission of his resisanse will
constitute acknowledruient of the receipt of stmaae. All adden&i are a part of the Pr sal
documents and each Proposer will be bottrid by such adclenda,whether or not received by hurr
It is tile responsibility of each Proposer to verify that he his received all addenda issued before
responses are opened.
All Proposals received will be,reviewed by the Monroe County TDC Selection Conuninee,
The Selection Courinittee will reconunend that no more than three (3) of the agencies
subirrining a Proposal be invited to rnAe in oral/visual presentation, If requested, the
presentatiori will be made to the Monroe Coturty TDC during,an open meeting on June 8,
2021„Location to be determined. Finalists will be informed of the exact firtre and venue of
presentation No contact regarding this Request for Competitive Solicitation will be
allowed between the applicant and indixidual members of the TDC Board. The applicant
shall not lobby,solicit or-act to influence the TDC Board in any way that may have air
effect on the outcome of the competition,discussion or,negotiations leading to the award
of an Agreement.
L07 GOVE&NING LANN'S AND REGULATIONS
The.Proposer is,required to be fainihar with and shall be responsible for complying with all
federal, state and local laws, ordinances,rules mid repilanons that in any manner affect die,
work.
Coqx,titive Solicit3tim for Profeniowl Advertiang,Agmcy Sn%ues-2021
7
59 -
LOS PREPAPUTION OF RESPONSES
Signature of the proposer,The Proposer must sign the response forms in the space provided
for the signature. If the Ptoposer is air individual, the welds -doing business as
or "Sole Owner- rausl appear beneath such sigruiture In the case of a
partnership,the signature of at least otre of the paiiners must follow the Agency name and the
words"Member of the Agency-should be wntten beneath such signature If the Pr seer"i'sa
corporatiorL the title of the officer signing the Proposal on behalf of the corporation must be
stated along with the Corporation Seal Stanip and evidence of lays authority to spar the Proposal
must be subsnitted. The Proposer shall state ni the reVouse the narne and address of each
person interested therein,
1.08.1 SUB MIS$10N OF RESPONSES
A. Proposers must submit one(1) signed original.The Monroe County Purchasing
Department hereby directs that bids be submitted 'via email to.
BJDS�L t anti ±c�juLvi�%�-& ox X .No waivers shall be allowed for responses w1rich have
qt9 - -
not been submitted to the. County Purchasing, Depmtuieut by 3:00 P,.NL on the
deadline date
B. The response slizill be submitted -4ia email toy 9L,
which shall be marked w, as to clearly indicate its contents and the name of the
Prcq)ose,%- Responses%xill be received until the dale and how stated in the Notice of
Request for Competitive Solicitations,
C. Each Proposer shall submit with their Proposal the, required evidence of their
quahfications surd experience.
D. Finalists will be notified in writing after the Selection Cotrunittee reviews
and selects no more than three (3) applicants to aLike Presentations if
requested to die.TDC'on June 8,2621,Venue to be cleterinined Thereafter.
the recoutinendation of the TDC will be submitted to the Board of County
Conunissioners. No contact regarding this Request for Competitive
Solicitation will be allosved between the applicant and the TDCBoard.
100 DETER-N11NATION Of SUCCESSFUL PROPOSER
Award shall be made to the responsible Proposer whose proposal is determined to be,the most
advantageous to the TIC and Coitnty,taking into consideration the evalitation criteria set forth
below,
Co"twe Solicitation for Professional A&erfiiAug Agency Senicem-2021
- 60 -
�x. rieiLce,Technical Skills and_qualific.itions 35 points
Written Presentation 35 points
Financial Abilill to Provide Services 10 2oults
Crisis Management Pre areduess Plari/Caw Stu L Armlysis 10 221sts
Service Capability to'Moirroe Coun , 10 vourts
'if Agency ureets criteria of local business(local preference) i patnts —1
Total points earned are on a scale of I —105 Points(I =lowest 105=highest)
,'To be entitled tothe local preference,the Proposerniustsubtrut with theirpToposal a copy of
a valid receipt for busuiess tax,issued by the Motircse County Tait Collector within the Past
yeir In addition the Proposer nnist certify that the Proposer nraintains a physical business
address located within Monroe County,front which the Proposer does busil on a day-to-
d,ay basis The physical business address must be registered with the Florida Deparlincift of
State as the Principal place of tnisiness for at least one year prior to the notice of the request
foot bids or proposals. Post office boxes are not acceptable (See Sec 2-349�,Mol Courity
Code),
The TDC -uid Comity reserve the night to reject any and all responses and to waive teclutical
errors and irreguLuilies as aiav be deerned best for the interests of the TDC and County.
Responws that are iriccariplete.unbalariced,cmiditional,obscure or that contain al not
requested or irregularities of any kind, or that do not corriply in every respect wrth the
histrilclion to Proposer a:nd the Agreement docurnents, may be rejected at the option of the
TDC and C'ounty.
1.10 CONTENT Of SUBMISSION
The Proposal submitted ui resIx,m,le to this Request for C orripet i i tire S o Irc ita nou shall Lv rq d
on 8-1/2"x I I"win te paper sbal I tv clear and c ouc Lse mid Provide the info ornia is on requested
herein. Statesnerits subinitted without the, required infornialrou will not be considered.
Respoasts sIall be organized,andsecliour,noted at top of page. Since oral Presentations ot
demonstrations inay not be solicited.the Proposer should not witlihold array inforinahon froin
the wrritten response Exit Proposer miw submit adequate docurisentation to certify the
Proposer"s compliance with the County's requirements, ProMser should focus specifically on
the infontiatiou teclieved, Additiorral uifmuihon,unless specifically relevun,may distract
rather than add to Ilie Propow's overall evahution,
We advise tbaf for ior lio die flo,Propil"'Ic'm aIhollld vlevil('%v fl#(A Terill",
u�uul Coudidory "l ro rite (oklmy,%vill profeision all Ad,;o�rfi",Jflg kpeulry 'ervke;',
Outlined lia Three w ervm e d",ca,ipabflilly ro Witiffle die
"so olio of Servicei,roquired b%I ib#Monroe(Jkuwy TD(" midslsoidd also review ilke Draff
Agroloknew pvovided it)Se4,fion Four en,,me Tbe abifin,to perfw in in a((,014111i(e wifli
1111PAg rootlet v,
Compettuve Soliduton for Profivisixol AdvqntunqA;cDc),:Sean es-2D21
- 61
The propo"Isall"hwild I)#"-,kq up aq,fcllowvs:
X CONTR PAGE
A com page fluit states**FEQtTS�T FOR COM'PETITIVE SOLICITATION-
Profes%ional Advertising Agency Smices for Nlouroe County Toumt Development
Council." The cover Page should contain mme, address, telephone munber of
Proposei, and the name of the Proposer's contact itichvidiml or corporate officer
authonzed to execute agrmuerits
& SECTIONS
Section 1, Nat rative Self-An-AN-sis
Tire Proposer should provide a brief description of the Proposer't, agency. date of
establishment, omzership' org'atlizirional strucurre mid ruission statement,
Inforrrlltroll regwdmf olvilm hip nuist inchide a list of shareholders holding 5%or
more ofstock,or.if the entity is a partnership.a hst of'generalPartners if the entity
is a hnnted habflity company provide a list of members If a solely wvned
proprietorship,the marnei(s)of olaricis(s) List all�officers and Chrectors of the entity-1
number of years the business Ims been operating as,an advenising agency provider,
including muntwr of years under current name,
Tbe Proposer should provide a siumnary of any industry amrards or recogru tron,given
to the agency directly related to advertising Services,
Section 2. References
Each Proposer shall provide references(minnnum of three)for Much the PMPOW-f
has Provided the same or similar sei-vices Each reference shall include, at a
miniumar
a,l Narnewid full address(including wetositeaddress)of reference orgmuzation
b) Marne of contact person for A gTeement
c) Telephone miniber(s),and e-mail addresses
d) Date of iiiihation of Agreement with reference
e) Brief sununary comparing the referenced smices to these proposed services,
for an advertising agency
CouVetuve Soh;watou fos Frokmonal Advotsbig A,my axes-2 21
p to
- 62 -
Section I f,lletnt Information
Proposer shall provide the following infbrmafion;
a) Brief description of the agency's,statewide,national and international accounts.
Bnefl)y describe the t7v-Ks of senices tendered for each accoiiiii
b) List the largest privale sector current accounts Briefly describe the types of
services rendered for each account
c) List and bfiefly describe xty clients relative to the geographic area of'Nfonroe
Cowit-
y,Florida.
M Provide a stateinent to show the agency's willingness,ifaw aided an Agreeinew
and if there should be a conflict bvhveen Monroe County and an existing
accoitnt,to consider tenrWiatitig the existing account.
Section 4. ]Financial Statements,Accounting and Bookkeeping Procedures
Proposer shall submit a filiancillstatenieut and conipatiy account for all tvvenuesand
expenses related to the provvion of smices under this Ageeinent pursuant to
generally accepted accounting principles. Proposer shall provide the fbflowuigg°a
a) A set of fuiancial suternents(C'nh Flow, hiconre mid Expenditure, balance
Sheet)for the prior three yeanrs,preferably ivith anatidit opation,for each of
two niost recent fiscal ylears.
b) A stitnaient as to whether accoiunuAg for billing putposes is perforitied Lrr-house
or by a contracted accountant.
c') Astaterivent regarduig The Proposer's ability to respond to goveninient purchase
otder%,and
d) A stiteinent outlining the procedures that will be rased to issue,arvoice"s in the
Milling of set,,ices for the TDC
t) Credit reference's(nutuniuni of three)
Section 5. Staff Infortnation
a) Proposer shall inchide a list of the proposed staff positions and descnbe each of
Their qualifications and experience that will be dedicated to the account if
awarded this Contract. The listingshall include any staff"whose hinction will
be,to rt-viev.evaluate and inake recornineirMions regairding,The services such
as: media director or planner., inedia buyers, creative, produictron1raffic
accounting and account supervision personnel,and whether the staff is located
an-hoarse or soarced otm
b) List the tolilnurriber of stiff with qualifications and e-xwience,
Couqvttive Sohotatcqt for Ptofesnoinl Adveitswg Agency lknion-2021
it
63
Section 6 Service C:a ralttliry to pony ate C.Toaurty
a) Describe agency adnuuanisuatve facilities_
Provide agency welusate address for review,
c,y Provide information of location of the closest office available to, Monroe
County TDC aduui istrative office for sales and tecluuical suuppoil if outside
The State of Florida.stag if the agency would be willing to locate a suffncitwnntl,u
staffed office in Monroe Comity or outer vw w paopose am aattaciplated method of,
strVicarg the account..
dy Provide copres of docnunrentataou s uownup authorization to do business in the
State of Florada. i oat ruuur„st lne registered at wa ww w at o ,
e) Provide statement aclmom4edgang that the agency would agree not to represent
any new tourasnufdestination clients wifliout the approval of the Motnroe County
Tourist Development Council.
t) The Proposer should provide a brief sunurxt y on the agency's crisis
manapenrent lareparedness plan to provide uninterraupted service to the Momoe
County Tourist Development Council in case;of a catastrophic evert,such as a.
hurricane, tluat may affect contractual sem'ice. Suninmiri should include how
conurmutuications shall continue, how, mar eti,np materials will be "ved and
managed, and how %work proceeds of electric power is intrrmyted for am
indefinite period,or the agerncy facility is darnaged si,gnurficantl,
Section 7, C, Laarrsatiotr
Compensation based on production costs,media placement,coninussions or other
;agency fi,unctions will be discussed during fmalrst presentations and final decision
made during contract negotiations
section& %'A' atten Presentation
Claw^e a short wratnen outline pf°e seautatroau oau how the a envy a;w orild propose to dewwelop
a caurpwnrlrorr for the Florida Key 5, tb at)would mc,lude: a position airalysrs, target
markets and display several examples of creative prtugwosals for this carunpaign.
Include print.broadcast(story luoard,)arud dugitalannoaluale advvitisnng, please allocate
whit percentage of each of dross anedra placernent sources(equaling 100 '�)would
make up your plain,
No contact regarding this presentation or competitive blid process will be allowed
between the bidder and individual members of the Selection Conanutnee or TI C°
hoard ntenulwe:m
Convetuve S crhnotaoaa for NDfksional Advertnsta g Armawy„Sea"ices.2021
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S'evion 9, Lidgatiot
The Ptoposer must provide arisweis to fhe follownig,cprestions regarding clauns and
Suit&
:1) Has the person,principals,entity of my entity previously owned,operated or
directed by my of its officers, major shareholders or direcrors, ever failed to
complete work or provide the goods for which it has contractedl Yes or No, If
yes,provide derails
b) Are there arty judgments cLium. arbitration proceeding or suits Pending, or
out;Mding agaurst the M,suri,principal of the enury. of entity,war tray entity
previously wined., operated or directed by aTr of its officers, directors, or
general partners? Yes or No, If yes..provide details
c) Has the person,principal of the entity,entity,or any entity previously owned
operated or directed by any of its, officers, rna3or shareholders or directors,
witbin the last five (5) years, twen as party to any lawmiit, arbitration, or
inediarion with regard to an Agreemem for smices siuWar to those requested
in fire specifications%vith private or public entifies? Yes,or No,If yes,provide
demits
d) Has the M.son,principal of Me entity,or any entity previously owned,operated
or directed by any of its officers, owners. pmners, miyor s1vueholders or
direc tors,ever initiated litigation agatu,51 the Cotinly or Lven sued by the County
in courrection with an Agreement to provide services, goods of consmiction
smues? Yes or No If yes.provide detatI5
e) Whether, within the last five(5)years.flue ormim ail officer, general partmer,
priucip:A'Controlling dmi-ehoickr or major creditor of the person or,entity IVIS
ari officer,director,getle'l",11 pamer,principal,controlling sharebolder or rrra,pO'r
cre(blor of any other entity that failed to perform services or hirrush goods
sitnilar to those sought in the rquest for Competitive Soficitariair Yes of No,
If yes,provide details
S'"don M Comm Forms
Proposer slzall complete and execute the forms specified Mow and found at fire
designated pages in this Request for Competitive Solicitation,rind shill mclude them
in Section Five
Pages
Response Form 43
Non-Collusion Affidavit 44
Ethics Clamse 4i
Dmg Free Workplace 46
Pubtic Entity Crune Statement 47
Local Preference Fonn 48
Cou4penni'v allot um for Profesuouil Adveming,Agem 'Senues-2021
13
65
Vendor Certification Regxdnig Senniruzed
Companies List 50,
Insumixe Requtrements 51
Copies of all current ptofessiozil licenses and copies,of business taws receipts shall be
included ui t1tis Section,
Section 11, Other Information
ProvOeany additional infortmition whicli will present evaluators with iirsight about
the quilificahotts,fitness and ablififtes of Proposer.
Sectiou 12. Lookeh-tt e
Please review ind complete the Competitive Solicitation Checklist (page ';i)
included in this Request for Competitive Solicitation. Tbose applicants not
submitting all items requested will muoniatically be disqualified
1,11 MODIFICATION Of RESPONSES
Wntleu modificatious of Proposals after trite utiwils0nussion will be accepted from ProposeT
only if addressed to the entity mid email address uidicated m the Notice of Request for
Competitive Solicitations and recewed prior to proposal due date and sinv,Modification niust
be subtrutied iia etas add w QNMDTILS:�.sqCms uatmL-ffZ -s timme and
ay, Avith the Proposei
"Modification to REQUEST FOt R COMPETIME SOLICITATION - Professional
Advertising Agency Services for Mottroe Cowry Tourist Dneloptuew Council".
1.12 RJESPONSIBMITY FOR RESPONSE
The Proposer is solely responsible for all costs of pfepiring and submitting the response,
regardless,of whethermi Agreemw award is made by the Co1wry.
L13 RE(EIPTXN-D OPENING OF RESPONSES
Responses win be received until the designated Time mid will be publicly opened said read
aloud at the appointed Tinte and place stated ui the Notice of Request for Coutpeutive
Solicstatioim mo=v C"Ounty's Tepreseiitahve authorized to open the responses will decide
wheal the SpleCified UUX haSaITIVed 1,nd no respotrse5 recev,ed thereafter will be cousidered.
Coinpehnve S0,11citinol fyx hoks,,iinal Advertwig Ageiry Sen-ices-2021
- 66 -
No rvipousibilitv will be attached to anyone for the premanlre opening of a resixxise 1101
properly addressed and identified Proposer or their authorized agents are invited to be pre.writ
134 DETERNILNATION OF SUCCESSFUL PROPOSER
Following,the receipt of tesporms,the Selection Conunittee will meet m a publicly rnoticed
meetingand evaluate die responses bawd on the(rilena and point total above The County
reserves the fighl to reject any and all responses and to waive tecluiical errors and irregularities
as runty be deeined best for the interests of the county. Responses TWIT are rncornplere,
imbalanced. conditional,obscure or which coritaut,add ittons not reqrknted or irregularities of
an kind,or which do not cornply in every respect with the instniction to proposers and the
Agmment donmvents,may be rejected at the option of the County.
L15 ANVARD OF AGREE.NCENT
a) If The award of-,m Agreement is auntilled,the Coutity Almy award the Agreement
to mother Proposer or the work may be re-advertised or inay be petforined by
other quilified pefsomiel as the Cotinty decides
b) An Agreement ivill be awarded to the higbest ranked Proposer deellred to
provide the sevices wbichare in the best interest of the Counr�
c) The County also rewrves the right,to reject the response of a Proposer who WS
prevvusly failed to perforni proMly or to complete contracts of a sunilar
11aftire On little,
d) the recoriuneudations of the TDC ivill be presented to the Board of County
Conuirissioners of Monroe County (BOCC), Florida. for fuml approval of
Agreement
1.16 EUCUTION OF A(,RLE-.\LE*N'T
The Proposer to whom an Agreement is awarded will Lv required to reatin to the County one
(1)sqped original Agreentery together%vith The requaed certificates of nimitaricie-
1,17 INSURANCE
The Proposer shall defend,indenrnify and hold banniess the Cotinly as outlured on the attached
form on page 41,
Competim"t S'011CIt"mon fog,FYofessiorol Advvrtsmg Agmy Semces-2021
67 -
LIS BID PROTEST
.4ury BiddevResponderit'Prolvwx who clatryls to be adversely effected by the decision or
imencled decision to award a contract Shall sublilit in writing a notice of Protest Which Inust be
received by the County Attorneys Office widiin seventy-two(72)hours or three(3)busmess
days, whichever is less, after the posting of the notice of decision or intended decision oil
DenrandStar or posting of the notice of decision or iritended decision on the Mortroe County
Board Of County Cotrunissioners'("BOCC)ap whiche es occurs first Additionally,a
fortnal ",nnen protest must be submitted in wrilirig and inirst be received by the County
Attoi Office ;ei,-enty-m,o (72) hours of three (3) business days prior to the BOCC's
weeting date in which the award of contract by the BOCC will be heard The only opporninity
to address protest claints is before the BOiCC at the desigzited public ineeting in whicli the
agenda itein awarding the contract is heard.In accordance with the Rulm ol"Demate as set fortli
in the Mouroe County Board of County Commissioners Adituiustrafive Procedures, the
Bidder,)Respotident�'Prol)o,set that filed the protest is responsible for prolading dre Clerk with
Ins/her naxnre card residence prior to the agenda item to award the contract being called in order
to preser,,e their opportunity I o,Lv lie ard On this matiff.Aji nidividual has three(3)minines to
address, fix, Commission wid a person representing in org.,wizvion has five(,S) swrattes to
address,the Conuitission. The BOCC decision to award the contract is final and at their Sole
discretion Failure to Innely protest within the hines and martaer prescribed herexxxi shall
constitute a uvaiver of the ability to protest the awwd of contract,tusless the BOCC deterinines
that it is ui the best interest of the Cowity to excuse tbe proliesi'l waiver The filing of a protest
shall not stop The solicitation,negottaficins,or contract award piccess,turless it is ilelerui:uled
that it is in tire best interest of the County to do so-
Competiw,-e Solicitatiat fox hofes,4owl Advertising A�y' n�ices, 02 Se
68 -
SECTION TNN 0
(XNERAL TERAISA-ND CONDITIO.N'S
2,01 DEFINITIONS
Wherever used ui these Gerwal C'onditiom or in the other Agreement doctunients die tem,is
below have the inemings indicated Much sere applicable to both the singular and plural thereof,
-17he use of the terras "bun,'" -huuself'ot"his,";bifl refer to inale and femile persons
,dike mid should not be construed as derogatory or drscrunuiatory to femile persons,.
Request for Competitive Soliritation: Tlus terin iticludes Request for Proposal(RFP,)aud is
a solicitation of responses for prices uid tenns for ptocureaunit of goo&and/or services for
which the scope of work,specifications or contractual ternis and conditions cannot reasonable
be closely defined dny the county Evaluation of a proposal is leased upon prior established
criteria which inay include but aily or nu-w not be totally finined price,
Addenda: Additional directions or modifications issued during the prociucinent Process
provided vria written or graphic inswitnents which clarify, ccnrect or chauge the pfcyposal
doctuneirts or ibe Agreement dokunients.
Proposal Docuineuri: The advernsemern oat Notice of Request for Compentive Solicitilion,
ruvnictions and forins; contained in this Request for Competitive Sohcuat%ions (Reipoust
Form,Non-CollusionAffid;avil,Lobbying and Conflict of Interest Clause,I'Vbhc Enlity Crinte
Statement, Drug, Free Workplace) and the proposed Ag4eement docurnews, (utcludixig all
addenda v5sued prior to receipt of responses)
Proposer:
Agrevinew Documents: T'he Proposal Docunients,Agmeinciu,Addenda t,ixrhicla lievain to
Ilse Aggreetnerit docurneuts), the Proposer's pioposal or respowe (including docurnentation
accompanying the responseand any post-response docurrientafton submitted prior to die notice
of award)qahen attached as m exhibit to the Agreenient, these General Conditions,to
with an aniendmeants„nio&fications.,ind suliTleineins,
Compensation: Compensation will be discussed during finalist presentations a,nd final
decision made during Agm,nent negotiations,
Agreement Time: The Agreement shall be in force and binding on the Cotuity and the Agency
for a period of three(3)years with an option for the County to renew for one additional I%vo-
year period..
Competitive Sohn,tation f6i hviessionalAdvertsitig,AgLnx-y Senates;-2021
- 69 -
Agency: EnItity that is providing the Response and writh whom the Comfy may ultimatel
Y
enter mto m Agreement,
Contractor: nte person,agency of Corporation with wholn the Cornity has entered inro the
Agreentent.
Effective Date of tire Agi,eemeuc The date indicited in the Ag gfeenrent on which it beconies
effecfive,bUt if no such dLile is indicated it me.mis the date on which the AgTemirent is si nied
mid delivered by the last of the two parlies,to sign anal deliver,
Laws and Regutadous: Laws or Regulations: Federal, state and local laws,, mles.
regulations,ordinances,codes mrd/or orders.
Nor ice of Award: The%mveri notice to Ibeapparent successfill Proposer stating 11m upon
comphancle by the apparent succ6sful Proposer with flit conditions preceident enunferated
1herein,wribim time finfe specified,the,County willsrgn and deliver The Agreemeur
Cou"t'v: The Mouroe County Board of duo mmissioi,iers iNith whom the Agency has entered
into the Agreeniem amid for whom the work is to be,provided
Specifications: Tbose portions of the Agreement docturrents,cou.5istriig of wnuen technical
descriptions of numetrals and smim requaed under rite Agreement-
Wjimu Amendment: A written xnendurent:of the Agreement docu ments. signed by the
County and the Agency,on or after the effective date of the Agreement,
Faflure to Execute Roquired Forms: Failure to execule ilie,required forrm shall resale in
entity being diiAlmlifiedmid the response being rejected
2.02 PROPOSER'S RESPONSIBILITEES
2A2.1 Suptivision And Personnel
The PioposerOiall supervise arid direct the work conipetently and efficiend y.devoinng such
artennou Ilreteto ind applym?,such skOls and expertise as may be necessary to perform flit
work in accordance with the Agreement docmirents
Unless othmviwe specified in fire Agreement, the Proposer shall furnish "and Isslune full
responsibility for all senrices,irvateviL.equipment,Labor.trinspartmiou,machinery.tools and
all other uic idemali necessmy for the completion of the work,
Couqxtnive Sobutidem for Plofe-simul Advestsmg Agmw y Services.2D21
70 -
.(Z.3 Taxes
'rbe propaaset.sfaalf pay all salts,crams°tun r,uw and other sarrrffar taxes r grrft rf to be paid by
the Proposff inaccordame with the laws and regulations ofthe place of the pr+ rt which, e.
applicable.dining tfae perf °star e of'the work, The Craa ity is rat bable for safes or use tarots.
z'f t`rrr a rra rrirl r s
The Ptopos r sfraff comply with all applicable laws and regulations of f. r°af,state and focal
errs e runents.
Comr tct%ve Sahcitrtam ffot Prof n wand Adr r rr r.y!*.w r 021
t 6a
- 71
S E("'T I ON T ff RE E
11,RAIS AND CONT)HION'SSPEC IFIC TO COUNTY-WME PROFESSIONAL
.ADN7E`.RTISIN'('.;AGE.N(I
The advenising agency smicesjiall include,but not be hataited to.the folloming.
I. Develop�,recomimend, and impleinentaximnual advertising inedia placement
plan for the most effective Avertisingatidpimnotional program,with strategies
directed lommid the prormotion of overnighl visiftws to the Florida Keys,
2, Create, design, mid Produce a program of adviWistiments to most effectively
appeal mid target dousc%fic arid intenutional ovenught %,isitors to Monroe
Coftuvy(Flotidi Key,�),
3, Armlyze, develop, and purchase the naost efficient and produclave Inedia
utchiduag print,broadcast,outdoor,digital/mobile and social nurketing,
4, Provide and produce the mcessary materials,shippaig,storage mid distribution
for the production of proniational collateral fulfillment and related sales
materials,
S Develop arid coordwale co-op ptog panu widi mutwilly beaeficral indirstry
partners.
6, Develop and coorduwe advertising efforts fcT the over-all Florida Ke,,N,rs genenc
canipwp, while emphasizirig the features of five distinct regions or distncts
within the Keys
7, Develop mad coardurate advertising efforts for the five(5) District Advisory
C onuirittee areas of the Florida Keys.
S. Create and produce mi adverlisirig campaign for the travel trade indkistry
mrgving travel agents. tour operators, meeting platrner> and other Travel
planners
9. Create and produce advertising for the Umbrella Advisotl�r Corunrinee
of gainizafions that include flue Divuig,Fishing and Cultural inchistry programs,
10,Provide support fogy public relations agency,iveb site Provider and Sales staff
both domestically and through the Europem agencies of record for domestic
and international advertising czanipaigns.
11 Provide a Crisis Management Pieparedueis Plan/Provide Case Smdy Awlysis
Plan,
Coq)etitn-e Solicifibou fm hofe/ssuom Advemsing Afmvy Service-T,-2021
72 -
A goal[ contract has befuu furnished in Sfction Yom" to help oudine the possible
S#] ices of a full-wiviceagenry of re(ord to Afouroo f owt ty, The Scopo of rAic s
MAY Change before ftegodatitig the final crwuutc wort bf(Avt uu the parties,
73
SECTION 1"A)UR
DR.AXT AGREEMENT
THLS AGREEMENT(Agreectient),niade and entered into this (LAY of
2021, A D by and bemeen'Mantoe County. flonda, (hereinafter called the County), -,urd
(hereinafter called the Contractor),
WrINESSETR
WHEREAS, Contractor is uniquely qualified to provide, professional advertising
services Much includes consulting advice relating to the Tounst Development Comicil 1�C)
inairkelriag,,uid pfoniolion of tourisni,and
I+X,'HERF-kS,Contractor his beeri fimmilung qiuibr profes4orral itivertisin?senues
Much Promote tounsin for ;mars ind as otbet-wise qualified to ptolvide the services;
and
WHEREAS, the TDC, an a&asory board to the County's Board of Coluity
Coffirnissioners(BOCC)has recommended to County that a new Agreement for adixilising
sen,ices tv entered trito with Contractor,and
W'HEREAS,County desires to miter into airs Agreement for advetusing services widi
aloe Coutrictov
NOW THEREFORE ui consideration of the mutiral co,,,euants contained bereul, die
parties agree as follows:
I Terriv TIre term of this Agreement is for a period of flisee(3)years beginiiing October
I,21021 avid expiring;on September 30,20,24, '"lye County slull!nave an option to extend the
Agreetrient for oneadditiowd mo(2)year period
I Scope of Services The Contractor will serve as the hill-se nice adveilisingagency for
tbeMo,woeCotuityTDC:'and(�otint)t "The Contractor and the idveili sing pirogr-,tnii,are siitrlect
to re%Jie%v by die Monroe Coonty TDC
A. Key Personnel: This Agreentent is a professional sm,ice Agreeinent
with expectation that principal Munuiel pesfotrating the services ate those Msoruiel listed,
Notice of any change in pefsoirriel shall be sent to the TDC and Cowy. 'Me principals
assipied are the following:
1)
2)
3)
4)
Competitive Solicitatan for Profes,,iamil Adveitsing,Azflx,),Seinces-2021
- 74 -
INUMMUM STAFF PERSONNEL ASSIGNED:
1) Account Management Supervisor' approved by the Cliairpetson of
the TIC and Marketing Director
2) Senior Account Executive; Account Coordinator and additicuil
staff within the normal services will be.assigned as required.
B, At least one of the pruici pals Arall ineet with the Momoe County TDC
at all regularly scheduled meetings of the TDC,Advisory and Unibiella Coninintees, -urd at
any other taires as directed by the TDC'.
C" Contractor agrees to assign air advertising Account Supenrisor who vall
devote such time arid effort as necessary to the account on a pricirity basis,including MI time
when,required, Duties of the Account Supervisor will include contact as required with the
Chairperson or Vice-chai"t'son of the TDC, NIarketing Director or other designee. Other
duties include regular cousultation visits throughow Monroe Comity,consultations with TDC
Advisory Corrinintees within the Keys,and interfacing with other agencies of record such as
Public Relations and Website provider as directed by the TDC; participation in, aid
coordination of, inedia plarurikg. coordiruitiou of prod wiou and traffic activities with the
Contractor;coordination of and liaison with inail fulfilluxent services on behalf of the"IDC
and haison with private sector resorts,attractions and other tounsm related fields in Momoe
County,relating to the developitte.rit of in effective advertising program for the Florida Keys,
D Contractor agrees that tune is of the essence,and to provide on a timely
basis, copy and concepts and sstpenision of tangible materials for media and collateral
prodixtion materials, inchulmg. radio and television pritti, ifigitilrilobile, social,website,
outdoor,direct mail or any such teclurology which nray be,employed to hulher the objectives
of the TDC1-traffic and billing of niedia and collateral production materials,
E. Contractor shall provide umterials!for the design and creative content of
the website,upon reqiie.st of TDC websne provider.
F. Cotitrictor shall ejuploy its knowledge of available media and media
research, and nonnal use of out-sourced inedia reie.arch services to which the Contractor
subscribes for the purpose of plann*nredia advertising prograins.
G. Contractor shall coitusel TDC/County in the use of special Media,
marketing,product and consurner research as nray be advisable.
H Contractor .hall tbrinulate and reconunend nredia plans based on
wntten objectives established witIfin the TI>C marketing plan and review on an annual basis,
Conr?etnve Soh 6tauon for Ftofesuowl A&emsing Agency Smtces,-2021
wra
75
I. Contractor shall order ranedta space,tnaae or other nnearas ofinedia to be
use& endeavoring to secure the nnost advantageous rates available, checking and vernffynn,p;
such media use,auditing and payixig invoices to nnedia.
3. C'outaaoror shall negotiate special talent fees in accordvance with trade
contracts,to tv more uanclunsive of total work anrd beep costs to a ann ininnunna,.
, Contractor may establish Agreements with sutlu-contractoys for
production.traffic and other nnarlcetintg services
L, Contractor shall obtain ixxittern pre-approval on all advertising, nnedia
buys,production crud materials from the TDC"!tielarlretung Director or TDC C haun3aersoan
M, C onnrraan¢or shall leave all media and produnctiornexpe ase accounts plvaced
on individual purchase orders All invoices shall have the proper purchase order number. No
Invoice Will tie paid unless acoouunt ttutnds are available. No itivoices vrill be paid outside the
itiveransi ngt budget aarathouut TDC approval.
1. C' rza eGn_a Jog: C"ompeursatioan shall be paid,, srultpect to availability of Tomist
Developrraent Tax Rurds«,arid approved purchase order's as follows;
Media placennenrt:
l) C;cuutractor shall he corn4.retnsatedffor media placerrient at the net cost
to Contractor pleas % per°c,ezum corauunnission, upon receipt and
proof'off"payment off media invoices with afflickivits and/or team
sheets screeanslnots,,etc Net rate is the acatual nepotiaated paid cost
for media placenaerit to the vendor uvutlrout any nnarkiip costs `1is
will inncluude all generic and district campaigns..caulmral.,fishing and
thvinp iumbrella canapaig*nns, and all co-op advertising placement
Co-owl« advertising is established to provide lodging
acconnnodationns and other touarnst related'I usitnesses withina Monroe
County„ air opporruardr yinto 'DC' advertisements at a cost to tsuny
etFec ive rate.
?,p C'orntractot shall be reinsnttunrsed for projects designated as special
projects approved by the TDC at actual costs„plus the total
not to exceed the anrourn budgeted by T',p1C"
3) hi the event of a catastrophe for Monroe County arid/or ffor South
Florida, such as a hatrricarne or other business ixnteruptron, and
subject to die provisions in paragraph 33,Force lslajeuare, or other
crisis managernent sitriatnon, the C;onnuactor shall confer with the
TDC'Marketing Director and/or TDC Chairperson and perffornn the
sarne"s of set+ri,ces described to this Agreement. The Contractor
Ckimpettire Soly., mitiera fo hofes,,iomal Adv sm?Agency serviceM,_2021
4,
76
also agrees that it will tLive protocol(see EyJribit A)in place for any
catastrophe affecting the Contractor's base of operations, i.e.:
safeguarding of all official photography & f1w facilities and
equipment available; staff`availability and all other vital material
relative to time continued marketing of the Florida Keys Ina Lion„
the Contractor will enure the ability"to carmcel existing media and
produce and place ongoing media.
4) Contractor shall prioritize local talent and sub-connactors for
production and otlmer marketing services wuYheu appropriate.
eirut rrs,bt, mditmrres he County shall reunburse tine Contractor
for all approved expenditures and paynamemats rmt wdr on tlne County`s behalf for"media placement
subject to state and County rules and regulation.Packaging,shipping,express marl,postage„
legal txpenses on behalf of Cotnnty, and travel ex se for Contractor's persotinel shall be
considered reimbursable expenses,subject to otrraty's approval.Travel expenses of approved.
pwsonael on behalf"of the business of the 'shall be compensated at tine rates established
by Florida law and County policy,
C:. Invoices'
I) All invoices submitted by the Contractor to the TDC shall have the
proper purchase order number and be ramarked as to which account
is properly chargeable.
>) lwlornaal production comas, for specific pre-approved jobs will be
subrrutted fore payaaaent at one crone upon completion. The
Ctarm ractor is encouraged to use in-county vendors to supply
services wherever possible,and when the local vendors are able to
supply goods or services that are at least:equivalent to the quality of
goods and services of out-of-county vendors,and meet the needs of
the TDC and the County. To that end,the Contractor understands
and agrees that in any project the Contractor,if requested,may need
to prepare and submit a production budget for a -mW by the TDC°
Marketing, Director. This budget would include a breakdowwan of
expenses by category and the name of each vendor or subcontractor
proposed for each category,
3 No percentage will be added to Contractor charges for packaging,.
shippcng, express rnad,postage,telephone,,legal fees and services
and travel expenses for Contractor's personnel.
4) The Contractor's invoices and statemeuts shall be payable by
County according to the Florida focal Government Prompt
Payraetit Act.
Cbuq*tun,e Solicitation for Profersional Adiwti Ong Agency Seavx -2011
77
5) Contractor may seek teinibuiseineut for inedia placed but then nor
nui due to declared emeigency.
D, Production CltargLs:
1) Tile !,o couanissicni on the net media placement budget covers
the cost of Conftactor seruar nianagement smices, account
management smices,media smices,accomvuaig services and stiff
creative development smices fbt Generic, DAC Event and
Umbrella advertising is follows�
(a) Existing neNv3paper canipaign ads. includiaig: revised layout,
new copyicopy revisioms. art ditectiom, traffic Sv pio(hiclion
supervision. Note: Computer artists and type, stags and color
copies nol inclurdedl.
(b)All new co-op newspaper ads urcludingg: cancepts and
coinpreliensi,ve layouts, copy/copy revisions, all direction,
traffic & production supeii,ision. Nole: cornputer artists and
type,scats and color copies not included,
(c) Emsiing inagazine ads, incluchrig- revised layout, new
copy;Copy revisions, art direction, traffic & Production
supervision, Note. corriputer arlists and nllpe. stars and color
copies not included,
(d)Existing digital/mobile imuketing ads. including:: revised
fonnat new copy/copy` revisions. ail direction, traffic &
production supenision Note, computer mlists and type, scats
mid color copies not nicluded,
(e) Minor revisions to existing television and radio (such as new
supers`titles sponsorship logos,etc,)
2) CmmivcSer icesNotlucluded° staff cieiti;edeveloyniejitsti'vices
for inedia and collateral materials. ie, photo shools,TV
shoots)podcast videcss, editing television catruneruals,
videov'snfouiercials, point of sale materials, new uragaziile
campasp ins, new newspaper cainpmgns, new diptal4nobile
canipaigus. direct mail. mu, brochutes and major revisions to
existing brochures will be estimated and prior approval obtained for
each ptoject at the following hourly ramery
Con;*6 tive Sohn tab on for Pt olessiamal Advert siq Agem-1,Sen-kres-202
78
Creative Director-S
Concepts and Comprehensive Layouts-S
Senior copywriter-S
cop)lvrner-S
Senior Ail Direction&Supervision-S
Broadcast Supervision-$_
Computer Artist-S_
Traffic&Prochiction Supervision-S_
Color Outputs S-each
3) Out of pocket expenses for creative development are reimbursable
at cost plus o and include, but are not Wnited to, the
followur&
Photographers and Assimints
Film production Crew
Editing Facilities&Services
Audio Rccordirig Facilities
Nlodels/Actors./Voice-om Talent
Four-Color Film(for print pubs)
Retouching 4/Color Film
Stock Photo Search and Usage Fees
SAG and AFTRA Residuals
TNI Dultes,Radio Dupes,etc,
printing
Media tend Collateral Nfaterials
'nie County and the TDC assurne no liability to fined this Agreement for air amoturt in exces.'s
ofthisaward Pivnient for expenditures perruissible by law mid County policies shall Ivniade
through reitubtirsernent to Contractor upon presentation of iuvoices,and other doctunentation
necessary to support a claim for rewribur5eineat Nlonroe Caturty's perfonnance and obligation
to pay under this Agreement is contingent upon air annual appropriation by the Board of
County coninussioners
4, LContractomr's Acceptance of Conditions: The Contractor hereby agrees to carefully
exanurre the Scope of Service,,,,,, and assianes fall respoirsibility therefore, Under no
circumstances, conditions, or sittiations shall this Agivenient be more strongly constnied
against the County than against the Contractor.
a) Any ambiguity or uricenainty in the Scope of Services shall be interpreted and
construed by the County,and the Coimty's decision shall be final and binding upon all
parties.
Coni;vtitive Sohcititm for Professimal Advertising AgenrySenices-2021
7
79 -
b) 'Me passing„approval and/or acceptance by the Cotumty of any of services ftmrnnshed
by the Contractor slmall not operate as a waiver by the County of strict compliance with
tine terms oftrams Agreement Failure on the pail of the Contractor,innaznnediatety after
Notice to Correct a default,shall entitle the County, if it seers fit,to correct the sane
and recover the reasonable cost of such replacement andlor repair front the Contractor,
who in any eawenn shall be ptnirntty}�and severely liable to the County for all dannage,loss
and expense caused to the County by reason of the Contractor" reacts of this
Agreennennt and'or his faihrre to corrhply strictly and in all things with this Agreement
and with the specifications.
c) The Contractor agrees that the TDC may desigaruate tepresenntatives to visit the
Contractor's facility(ies)periodically to conduct random open file evalruitunis closing
the Contractor's normal bnsnmess houis.
d) The Contractor warrants that it has, and shall raa attain througlmbaut the teem of this
Agreement,appropriate licenses aatd permits required to conduct its brashness,and that
it will at all times conduct its busnaess activities in a reputable tru nrter proof of such
licenses and permits shall be submitted to the County up=tecpanest.
S Advertisant en. of lCecord; Contractor shall act as time agency of record for
prepatation and placement ofthe Count's TDC adverlisiatg rasing`„bed tax"'fttaads except as
othetasise nmtmtrraally agreed upon. Contractor shall perforra related or special services as
requested by the T DC.
d. Exclusive.Representation: Firm agrees that it will not represent any private resort or
attraction or other destination within Monroe Comity or other county oa cry de
attraction
tuithin the State of Florida without approval from the TDC and County. Provision of creative
and mechanical services for participants ua co-opt advertising and other C"ourity programs is
permissible.
7. a Cq`1. _ Ott t a t: Cotahractor shall maintain all
books, records and documents directly p rtment to performance tinder this Agreement in
accordance with generally accepted accotumting,prnhciples conh.sistexntly applied. Each panty to
this Agreement or thear authorized representatives shall have reasoauwable and turiely access to
such records of each other party to this Agreement for public records purposes during the term
of the Agreement and for four years follmsang the termanination of this Agreement, Ifan;auditor
employed by the County or Clerk detennities that monies paid to the Contractor pursuant to
this Agreement were spent for purposes not authorized by this Agreement the contractor shall
repay time montes together with interest calculated pursuant to Sec. 55 03i Florida Statute„
sinning front the date the monies were paid to Contractor,
Competitive Soh6tdaaace for Pr°ofemmu¢wraaal A&ert smg As;eat°r sT ceh-?o't
8
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Right to audit
Availability of Records,'I"he records of the parties to this Agreenieut relating to the Scope of
Ser,rices,/Pr*ct,which shall include but not be burned to accounting records(hard copy, as
well as computer readable data if it can be made available subcontract files (including
proposals of successful and unsuccessful bidders,bid recaps,bidding instructions.bidders,list,
etc,),,onginal estirnate&,estutrating work sheets,coff espondence-1 change order files(including
documentation covering negotiated settlements)„ backcharge logs and supporting,
docunienrafion, general ledger eutties, detailing cash and trade &scouuts earned, insurance
rebates and dividends, any other supporting evidence deerned necessary by County or the
Monroe County Office of the Clerk of Court and Comptroller (here ittafter referred to as
"County Clerk") to substantiate charges related to this agreement, and all other agreenlents,
sources of infortuation and nmiters that inay in County's of the County Clerk's reasonable
judgment have any beating on or pertint to any matters,rights,duties or obligations under or
covered by airy contract docurnew(all foregoing hereinafter referred to as"Records"')shall be
open to inspection and suject to auclit and/or reproduction by C ounty"s representative and/or
agents or the County Clerk.County or County Clerk may also conduct verifications such as,
but not limited to, counting employees at the job site,witnessing the distribution of payroll,
verit;irig, payroll computations, overhead computations, observing vendor and suA)hei
payments, miscellaneous allocations, special charges, verifyring, infoirnation and amounts
through interviews and written confirmations with employees,Subcontractors,suppliers,and
contractors representatives,All records shall be kept for ten(10)years after Final Completion
of the Scope of Sev ices'Projecl. The County Clerk possesses the independent authority to
conduct an audit of Records,assets,and activities relating to this Scope of Servrices Prqject,If
airy auditor employed by the Monroe,County or County Clerk deternunes that monies paid to,
Contractor pursuant to this, Agreement were spent for purposes not authorized by this
Agreement,the Contractor shall repay the nromes together with interest calculated pursuant to
Section 55.03,FS-runtsing form the(late the monies were paid to Contractor,Tbe right to
andir provisions survives the tentimation of expiration of this Agreement.
S. Pre hkc& o-ilt Li—ntI Contractor purb records d s,including,but not linfited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of FloricLi The County and Contractor shallaflow and pernot reasonable access
to,arid inspection of,all documents.records,Papers,letters or other"public record-materials
iii,its possession or imiler its control subject to the provisions of Chapter 119,FloticLi Statutes,
and made or received by the County and Contractor ur conjuriction with this contract and
related to contract performance. The County shall liave the right to unilaterally cancel this
contract upon violation of this provision by the Contractor.Failure of the Contractor to abide
by the terns of this provision shall be deenied a material breach of tlus contract and the Coutity
riny enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party,be entitled to reunbursentent of all attorney's fees and costs associated with
that proceeding This provision shall survive any termination or expiration of rue contract.
Cbrtipetitive Solicitation for Professzawd Advertising Ageixy nices-2021
The Contractor is encouraged to consult with its advisors about Flori&Public Records Law in
order to coirq)ly with this provision.
Pursuant to P.S. 1 MO 701 arid the, terms and conditions of this contract the Contractor is
required to:
(1) Keep and maintain irriblic records that would be.required by the County to perform tile,
service
(2) ?porn receipt from the Comity's custodian,of records,provide the County Nvith a copy
of the requested records or allow the records to be inspected or copied willun a reasolLible,time
at a cost that does not exceed the cost provided in this chapter"as othenvise provided by law,
(3) Ensure that public records that are exenipt or confidential and exempt from public
records disclosure requirements are not disclosed except as atahorized by law for the duration
of the contract terniand follosving completion of the contract if the contractor does not transfer
the records to the,County
(4) Upon completion of the contract,transfer,at no cost,to the County all public records
in possession of the Contractor or keep and inaaaarn public records that would be required by
the County to Mforni the service If the Contractor transfers all public records to the County
Capon completion of the contract,the Contractor shall destroy airy duplicate public records that
are exerapt or confidential and exempt froar public records disclosure requirements. If the
Contractor keeps and inaintaiiis public records uNn completion of the contract,the Contractor
shall ineet all applicable requirements for retaining public records. All records stored
electroitically roast be provided to the County,upon re crest from the Corinty's custodian of
records,ui a fornrat that is compatible with the infortnation technology systems of the County.
() A request to inspect or copy public records relating to a C"ourity,contract inust be inade,
directly to the.County,but if the County does not possess the requested records, the County
shill miniediately notify the Contractor of the request, and the Contractor itrust provide the
records to the County or allow the records to be.inspected or copied within a reasonable nine.
If the Contractor does not comply with the Coinny's request for recorcls,, the Colzarf shall
enforce the public records contract provisions in accordance with the contract,notwithstanding
di,e Covarty's option and right to unilaterally cancel cel this contract upon violation of this
provisioia by the Contractor.A Contractor who fails to provide the public records to the County
or,pursuant to a valid public records request Nvithin a reasonable nine may be subject to
lietialfies under section 119 10,Florida Statutes
The Contractor shall not transfer custody,release,alter,destroy or otherwise dispose of any
public reccwds unless or othenvise provided in this provision or as otherwise provided by law.
Coralmatwe Solitititiou for Ptoiessiotial Adveresing Agency Services-2021
82 -
II"'THE CONTRACTOR ITSQUESTION'S II,E,GA ING THE APPLICATION'Of
CHAPTER 1 119. FLORIDA STATUTES. TO THE C;ONTILACT+ WS' DUTY TO
PRC NINE PUBLICRECORDS RELATING TO THIS CONTRACT,C°OXI C'T�E
C USTC1'IDI N' OF P'I"ISLK CORDS.IIICI, N BRADLEY AT PIIt9 1E# Stl+-2 2-1t"17t1
BRADLEY I xry
TTC1R"ti'E'i`.S CpEI"IC IIII I2rra ET,SI.'1TE PCE' 1 EST.FL tta0p
9, Hold IS anitle„ss The Contractor covenants and agrees to indernuufy arrd hold harnUess.
the County and the TI C from any and all chums.for boWy uulury(including death),personal
uajury, and ptoper"ty damage(including properay owned by lrlonroe C'ounry) and any other
losses. daruages and expenses(unchrdirng attomeyr"s fees) which arise out of in comnectnon
,wuth,or by reason of sa"rw'ices provided by the Contractor or any of its subontrntor., in any
net,occa%ioned by the negligence,error or other moron f rl act of ounssion of thf,Contractor
or its subcontractors ur any tier,their employees or agents,
M 1n4 laendMl C;:qutractor t all dines and for all purposes under this Agreement the
Contractor is an Independent C"otift actor a nd not an employee of the County No statement
contained in this Agreerne t shall be construed so as to find the Contractor of any of his.
employrees„contractors spa aranfs or agernts to he employees of the County.
I I. Nondiscrininaation. County and Contractor agree that there us„tll he no discrimination
against any person, sled it is expressly tuaderstood that:upon a determination by a court of
competent Jmisdicuon that discrimination Iuas occurred, this Agreement aritontatically
teaaannites without an+av ftirtlaet°action on the part of my par�j,effective the dale of lite couut
order County or Contractor agree to comply with all Federal and Florida statutes,arid all local
ordinances,:as applicable,relating to nondisciurunnation, These include but.are not Ir initeid to-,
11 Title%II of the Civil Fights.sect of 1964(PL 88-3.S r)nwluch prohibits discriumiation on the
basis of race, color or natiorml origin 2)Tithe LX of the Education Amendment of 1.972, as
amended(20 U SC s.s.168141683,and 1685-1686),which prohibits discTianination on the basis
of sea,2;y Section Sty of the Rehabilitation Act of 1971,as amended(20'USC s 794)1,which
prohibits discrunninaation on the basis ofbandicaps„4)The Age Discrimmation Act of 1975,as
aarunexnded(42 LTSC ss. 6101--6107)which prohaloits discrunination on the basis of age;Sl The
Drug Abuse Office ;and Treatment Act of 1972 (PL 92 ?55), as atuendtdr relating to
riona9iscruinnataou on the basis of drug abuw 6) The Comprehensive Alcohol :Meuse and
Alcoholism Prevention Treatment and Rehabilitation Act of 1970(Pl. 1-616) as arniended,
relating to nondiscrimination on the basis of*ohol abuse or alcoholism;.7')The Public health
S'erw ace Act of 19lI ss 523 arnd 527(42 USC ss. 69itdd®6 and 290ee 3).as amended,relating
to confidentiality of alcohol and drug abuse patient records° S,y'Title" Ill of the Civil ail Fights
Act of 1968(d 2 USC ss. ybtll et seq,),as amended,relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990(42 USC s,
12101 Note),,as maybe muended from bane to tinge,relating to nondiscimmmition on the basis
of disability; 10)Iwlonioe Comity Code Chapter 1,4 Araicle 1I„wwwluicln prohibits discrimination
on flit,basis of race, color,sex,religion,national origin.,ancestry„sexual orientation,gender
tm ourpetihve Schutaficu iini hoft,rwaowl Adont iris Agency '+Omrzew-�021
83
identity or expression,familial status or age,11)any other nondisctunination provisions in any
Federal or state statutes which inay apply to the parries to, or the subject niatter of this
Agreeirient,
12, Assilaiuitent,(Stibcoi�itiact: The C`otitr-,ictor shall trot:assign or,,ttbccqitract its obligation's
under this,Agreement,except in writing and with the prior written approval of the Cownyand
Contractor,Much ipproval shall be subject to such conditioms and provisions as the County
may deent necessary. This paragraph shall be incorporated by,teference into any assignment
or subcontract and tinny assignee,or subcontractor shall comply ivith all of the provisions of this
Agretineat
13, C'oue with l a : hi providing all service 'goods piusuurt to this Agreement,the
Contractor shall abide. by all statutes, ordinances, titles and regRilatious pertairting to, or
regulating the provisions, of, such wivices, including those now in effect and hereinafter
adopted. Any violation of s,,,u"d statutes,ordinances, rules and regulations shall constitute a
material breach of this Agreement and shall entitle the County to ternunate this Agreement
unuiediately upon delivery of written notice of tertrunation to the,Contractor, The Contractor
sliall possess proper licenses to perfolin work in accordance with these specifications
througjiout the term of this Agreement.
14 DIVIqSitt,Vjd_(pMjLt_2Ljg_tqtA Tlie, Contractor represents that it,its directors,
principles and employees,presently have no interest and shall acquire no interest,either direct
or indirect,which wcftdd conflict in any truinaer with the performance of,services required by
this Ag,treenient, as provided in Sect 112.311,et seq, Florida Stannes, County agrees that
officers aud employees of the County recognize and M11 be required to comply with the
standards of coriduct for public officers and employees as delineated in Section 112 313,
Flonda Statutes, regarding, but not limited to, so tation or acceptance of gafts: doing,
business with one's agency,unauthorized compensation,trusirse,of public positiom conflicting
ernploynieiu or contractual relationship"and disclosure or,use of certain infortnation.
Upon execution of this Agreement,and thereafter as cl=ges may require,the.Counactor shall
notify the County of any finaticial interest it nuiy have in lity and A programs in Monroe
County which the Contractor sponsors, endorses, reconiorends, supervises or requires for
cotiiiseling,assist-,mce,e%,-.ilkLitionortreatiii(,iit This provision sIWI apply whether or not such
program is reclinted by stanne,as a condition of probation,or is provided on a voluntary basis,
The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any conVany or personw other than a bona fide err4)loyee working solely for it,to
solicit or secure this Agreement and that it has not paid ot-agreed to pay any person„S n,c oriipany,
corporation,individual or Contractor,other than a bona fide employee workitigsolely for it,
any fee,conaniission,percentage,gift or other consideration contingent upon or resulting from
the award or making of this Agreement For the breach of violation of the provision, the
Contractor agrees that the County shall have the tight to tentrinate this Agreement without
liabifity mid,at its discretion,to offset from monies owed,or otherwise.recover tilt full amount
of such fee,contaussion,percentage,gift or consideration
Coni;*btwe Solicititi4m for Professional Advertising,Agency Senice;-2021
84 —
15, Ag±gLs: The Contractor shall not pledge the County's credit or make it a guarantor of
payment or surety for, any agreernent, debt, obligation. Judgment, ]tell or any. forral of
indebtechns's, Tlte Contractor furtlier warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the,terni's of this Agreement
I Notice Reguirentent, Any notice required or permitted under this Agreement shall be
m writing and hand delivered or mailed,postage prepaid,to the other party by certified mail,
resin receipt requested.to the foHo%ving-
LQ&D Maxine Pacint
Monroe County TDC
1201 White Street#102
Key West,FL 33040
(1risline Linn -Barrows,
Assistant Co1wry Attorney
PO Box 1026
Key West,FL 33041-1026
FOR CONTRACTOR. (insert,)
17, "Tatter: The County is exempt front payment of Florida State Sales arid Use taxes, The
Contractor shall not be exentlited by vu-ttle of the County's exemption frorn paying sales tax
to its suppliers for materials used to fulfill its obligations under this Agreemem, riot is the
Contractor authorized to use the Comity's T.0 Exemption Nutuber in s,eci inng such materials.
The Contractor shall be responsible for any and all taxes,or,payments of withholding,related
to services rendered under this Agreement,
IS, IffnMArlo:
a) The Count),may tentrinate this Agrm,neat for cause xvith seven(7)days'notice to the
Contractor Cause shall constitute a breach of the obligations of The Contractor to
perform the services enumerated as the Contractor's obligations ranter this Agreement,
b) Either of the parties hereto may terinuiate this Agreement without cat",by giving the
other party one hundred and fts,enty(120)days written notice of its intention to do so
c) For Contracts of any aniount,if the County detenuines that the Contrictor"Consultitil
Las subtrutted a false certification Lmder Section 297 135(1), Florida Statutes or has
been placed on the Scrutirrized Companies that Boyco"Israel List,or is engaged in a
boycott of Israel,the Cournysliall have the option of(1)terminating the Agreement
iflet it has given the Contractot/Comultant written notice and an opportunity to
Competitive Solkitition for F'ofezuozud Advertising Agency Senues-2021
it
85
demonstrate the agency's deterrntrnatront of false certification Was In error pntnrsandnrnt to
Section 287 li,ap„ Florida Statutes, or ('3) rnnarrrtanrrirnE the Agreement if tlne
conditions of Section 3 7.135(4),flornda Statutes,are nnet.
d) For Contracts of SLOOO,000 or snore., if rite County determines that tine
Contr actot'C' ansultirnt submitted a ffal,w r ritficatio n nnand r Sertion28 7 13:5( ),flon&I
Statutes,or of the C o tractor/Consul T ant lia;been placed on the Scrturnized Companies
with Activities an tine:Sudan list.tlne:5crntanized C:'ornpaames with Activities in tine barn
Petrolemn'Ernergy Sector List,or been engaged innbusmes:s operations in Cuba or Syyna„
clue C ourntyr shall have the opmtiou of(1)ternnnatirnf the Agreement after it Ims given
the Contractor/Consultant wrinean notice and an ol4iorhmuty to demonstrate nstrate the
agency's deters imition of false certification was in error p ursnm t to "Section
387,135(5)ii),Florida 5tatnntes,or(2)maintaining a; the Agpreeniern if the corndZtioans of
Section 2 '1.135i4p.Florida Stames,are nnet
191, ggmtng Law VC11112t,W=eTm2a Costs
tap 'nns ApNreennent shall be ptosem d by and conrstrnred in accordmice+as,ith the laws ofthe
State of Florida applicable to agreements,made and to be prerfornned entirely in The
State.
b) In tlne event that my cause,of action or administrative proceeding is ianstiftnted for the
enforcement or intetpretatroan of"this,Agreenrent,the County and Contractor twee Umt
vernnre trill lie in tine appropriate court of before the appropriate adrimi staative body in
lslornroe County Florid,
c) "b lie County and Contractor agree that,in the event of confli�ctnnf Interpretations of the,
ternnns or a tern of 11tfs A rmnnertt by or between any of them, the issue shall be
subranrtted to nnedration prior to the institution of any other administrative or legal
pnr-oceeding,
dp Sevesabilityr, if any tern covenant,condition or provision of this Agreement(ar the
application thereof to any circurnnstance or person) shall be declared invalid or
rnnenforceable to any extent by a corm of'competent jurisdiction.the rentatrung terms,
covenants,condntrons aid Provisions of this AEreennent shall nor be affected ther°eby
and each renvanunpp ternnn, covetaant,condition and pnrovasionn of this Agreement shall
be valid and shall be enforceable to the faullest emtterrt pnetlltted by lass a nies;s the
enforcennent of the remaining terms, covenmM, conditions and provisions of this
AE,reernent%votnldpmrevent the acconapnirs'luuent oftbe ordinal intent oftlnn:r Agreement,
The Comity and Contractor agree to reform the .Afreennent to replace anyr stricken
provisron with a valid provision that conies as close as possible to the intent of The
stricken Provrvision.
C rrrp t uvwe alid':6tion for ROte swarmal Advent mq.,;Afertrvy Services-2021
,'4
86 —
e]t Attorney Fees and Costs. The County and Connactor agree that in The elTnt any
cause of action or adinuxistrati%v proceeding is ntitiated or defended by any party
relative to the enforcernev or interpretation of ibis Agreeliterv, the prevailing party
shall be entitled to reasormble anottley's fees, court costs, nivestlgatrve mad out-of-
pocket exMises, as, an award against the non-previfling party, and shall uiclude
atiorney's fees, CCKMS cons, urvesuggative and out-of-pocket expenses in appellate
proceedings, Islediatiort, proceedings initiated and conducted purstiant to, this
Agreenient sliall be in accordance with the Florida Rules ofCivil Procedure and ustial
andcustarriary procedures requiredbry die circuit court ofNionroe Cokinty,
t) A4�udicaiion of Disputes, or Disagreenients, County and Unitraclot agree dual all
di,V, uies mid disagreernents shall be attempted to be resolved by Meet and Confer
Sessions between representatives of each of The parties If the issue or issues are still
not fesohvdto tile satisfaction of the pwlies,Then any pa Mr shall have the right w seek
such telief or retnedy is ina),be provided by this Agreenient or by Florida law
g) Cooperation In the event any idirrinistrative or legal proceeding is iastiftited against
either party relating, to the fortriation, execution. perforinance or breach of this
Agreeinent,County and Contractor agr
ee to participate, to the estent recPsired by tile
other party, in all proceedingys, hearings, processes, Ineefings and Other activities
related to The substance of This Agrett nent or provision of tile services under this,
Agreentent, Coutifi�and Contractor specifically agree that tit)party to this Agreenient
,,hall be iequired to enter into any arbitrition proceeding.,&related to this Agreeinent,
20 Binding Effect: The terins, covenants, conditions and provisions of this Ag;eeinenl
shall bind mid inktre to the benefit of the Coutity and Contractor aird their respective legal
representatives,successors and wsigns.
21 _Authoritv„ Each party represents and warrants,to the other that the emecution,delivery
and performance of tins Agreetrient have been duly authorized by all necessary County arnd
corporate action,as required by law
22, Clanns,for FerieLd or�ltalg AA Contractor and Coinity agree that each shall be,and
is,einpowered to apply for,seek and obtam Federal and State ftincLs to ftirther the purpose of
dirs Agreenietw provided that all appitcations, reqoests. grain proposals and fusiding
solicitations are not for furlding already provided wider this Agreenteni
23: Pri%ileLes and firunuturiev All of ilie privileges mid intraujuties fsovi liability,
exeniptions front laws, ordinances and rules, and pewioris and relief disabihrt. workers'
cornMisationand other benefits whicli apply 10 the activity of officer$,agents or eluployees
of any public agents or earlil ovees of the County Wheir Perfortiling their respec t Ive fillactions
under this Agj eetnent within the territ on al lint its of the County shall app ly to the saine degree
and extent to the Perforalanc e of suc 11 filtict ions and duties of stic h officefs,agents,voluirreefs
or entiployees,outside the territorial linuts of tile colinty
Competitive Sale tLan far hofesnonal Advert sang Ageixy s5t nices.-2021
87
24. Jggji_QhhgLitj oqrsat d %�iiti y N on-Delegation of Constitutional or Statutory
L --g-2gV2.
Duties, nns Agreement is not intended to, not shall it be construed as, relieving illy
participating entity from auy obligation or responsibility iniposed upon the entity by la%v
except to the extent of actual and fintely perforntance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or responsibility,
Further, this Agreement is not untended to, nor shall it be construed as, authorizing the
delegation of the constitritiorLd or stannory cluties of the Coturty,except to the extent permitted
by the Florida constitution,state statute and case law.
2 i No person or entity sliall be entitled to rely upon the
te.=s,or any of them,of this Agreement to enforce or attempt to enurajany third-puly clann,
or entitlement to or benefit of any ser-,,ice or program contemplated liereunder,and the County
and the Contractor agree that neither the County nor the Contractor or tinny agent,officer or
employee of eitlier shall have the authority to infofni,counsel of otherwise uidicite that any
particular individiral or group of individtials,entity or entities,have entitlements or benefits
under this Agreement separate,and;apart,inferior to,or suM.for to the cotninurrity in general
or for the pa contemplated iii this Agreentenit
26 Attestations: Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement and a
rh-ug-Free WorkTlace Statement
27 No Personal Liabili No covenant or agrement contained herein shall be deenied to
be a covenant or agreement ofany member,officer,agent or employ".of Mcqiroe County or
his or her uxtividival capacity,and no nwraber,officer,agent or tnnployee of Monroe Coutity
shall be liable persori ally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agieernent
29. lasir jAng.L, The Contractor shall titaintain the following required insurmice throughout
the entire tenn of this Agreement and any extensions. Failure to comply with this provision
may result in the inunediate suspension of all as until the required insurance has been
reinstated or replaced. Delays in the completion of woric resulting from the fidure of the
Contractor to maurtain the required insurance sImll not extend air,y deadlines specified in this
Agreement and any penalties and failure to perform assessruents shall be imposed as if the
work, had not been suspended, except for Contractor's failure to maintain the required
arsurince
nie Contractot shill provide,to the Cotuny,as satisfactory evidence of the required insurance,
either`;
*Certificate of Insurance
OR
*A Certified copy of the actual insurance policy
Cba4vauve Solicilaton for Prof�,ssional Advertismg Agemy Semces-2021
6
TIfe Counly,at its sole optiom has the right to request a certified capy of amy or all insurance
policies required by this Agreement, All Insun-mce pdficies must specify that they have a thirty
(30)day notice of cancellation,noti-renewal,material changem policy language or re&ctiou
in coverage The acceptance andiOT approval of the Contractor's unurance sliall not be
constmed as relieving the Contractor froin any liability or obligation assimied under this
Agreexnenfar�nposedbylziw 'Me Moruoe County BOCC,its employees and officials sliall
be included as an "Additional Insured" an all murance policies, except for Workers'
C I ompensation,as their interests inay appear in all policies issued to satisfy
Any deviations from these General hismance Requirements tnust be requested in wnting ou
the County preprmred form entitled "Request for Wavvei of Insurance Reqiuremenrs. Any
deviation must be approved in wrning by Monroe Coimtyr Falk NImagement,
a) Prior to the corrunencernent of wot-k govemed by this Agreemenc,the Conmactof shall
obtain Workers'Compensation Imurafice with limits sufficient to comply ivith Florida
Slative 440, In addition,the Conuictorshall oWain Employers' Liability Instumice
with limits of not less dimi,
$1010,000 Bodily bijlta-y by Accident
SiO0,000 Bodily bijiuy by Disease
S1010,000, Bodily Injix7 by Disease.each Ernployee
Coveiage
shall be provided by a company or comp-mues authorized to transact business in The
state of Flortda and the cotrip�Wy or cotnpatnles must mannain a nimilurrim rating of
A-V 1,as assigued by the A,M Best Compamy.
b) Prior to the C Onittlencellient of work governed by this Agreement.the Contra clot shall
obtain General Ltabilify bisumce Coverage shall be nimulanied throughout the life
of flue Agretmentand include,as a minimum,
* Premises Operation's,
* Prodocts mW Completed Operatkons
* Blanket Contracmal,Liability
* Personal bij tuy Liab ib ty
* Expanded Mu'ution of Property Dantage
Tlie anninitun Iiinits,acceptable shall be;
S 1,00),0100 per Occurrence and S I MOA00 Aggregate
C,on;*muve,Sohntau�oi ki Ptofesnonal Ahventmig,Agmry Service,-2021
89 -
If split hmits are provided,,tlue nnininuurn limits acceptable shall be.
S 500,000pe.rPeisou
S 1,,000,000 per Occurrence
S 100.000 Property Etanra,ge
An Clccutrence Form policy is preferred. if coveruage is provided on a Claints blade
policy,its provisions should ianchade coverage for claims filed on or after the effective
date of this Agreement. In addition the period for which claims may be reported
should extend for a naininaum of twelve(12)months nths following the acceptance of work
by the County,
c'i Recognizing; that the work, governed by this Agreernernt involves the fuuna shing of
advice or services of professional mature,the Contractor shall purclmse arid nnanutam,
throughout the life of the Agreement, Professiou al Liability hisitrance, which will
respond to damages resurltirug from anny clainn arising out of the corran*:ance of
professional services or any error or ontissioan of the Contractor arising out of work
governed by this Ap reeranea
The nninitnnasrrn lianuts of liabiltty shill be: S300,00 per Ctccnrrren e g5 ,000
Aggregate.
dl, Advertising Professional Liability hnsurance with tniniaanum limits of S1,000,000 per
Occurrence sand S2.000.000 aggregate,
flue Monroe County B0C"C"shall be nanned as Additional Insured as their interests nnay
appear on all insurance policies issued to mfis*"the above requirements,
29 Any delay or failure of either Pany to peiforrrn its
obligations kinder this Agitxinent will be excused to the extent'drat the delay or failure was
caunsed directly by an event beyond such laativ"s control, without such Party's fault or
neghgonntce and that 1>y its nature could not have been foreseen by such Pwlyr or.if it could have
tneern foreseeru,was unrau oaidable:(a)acts of God;,(b)flood,fire,earthquake,explosion,tropical
stonn, hurricane or other declared emergency in the geographic area of the 'Scope of
Serrvicesu'Prolect,(c)wan invasion,hostilities(Whether ww.is cke clated or not),terrorist threats
or acts.nior or other'civil unrest in the geographic area of the Scope of Se ticeslProlea,(d)
go verrn rent order or lawny in the geogxaphic area of the Scope of Senaoice&'Projea(e)actions„
ennhargoes, or hlorloades in effect on or alter the date of duds Agreement, ify action by any
goveninrental authority prohibiting work in the geographic area of the :Scope of
ServicesTroBect�la ch, a "Uncontrollable C"ircnuanustance°"'D. CONTRAcl-OR'S 'firyanc:ial
inability to perform changes in cost or availability' of nnaterials, components. or services,
nua ket conditions, or supplier actions or contract disputes will not excme performance hyr
Contractor under this Section.(:onnactor shatl give C"oUnty writtennotice within 7 days of, °ny
event of circumstance that is reasonably likely to result in an Uncontrollable C"rcktiti Lance.
Con4vthveSoicitanonfear1'rofe^ssionalAdvensiurgAgercy°Secs„aces-?'C?1
3S
- 90
and Ibe xmcatnated durrano n of wu.wlu Uncoana heal (:'u'c ummmice„ Contractor gull nuse all.
drliyeaat efforts to end theUncontrolLible Circuunastarnce, em uue that the effects of
ally Uncontrollable Circumstance - e unauuuru%nureud 4unnad resuurnne full lnetf6%runaunce under this
Agreement. The Couuuuty uuaull not pay aalulutaa n al cost as av aersuult of m Uruco arraulla Me
t;`im anolance.
30, E-'t'erif &'ff five:lauuuaa 1, "p l:In accordance with F S,4,48.095,Contractor sluaall
utilize the US, 'Department of Homeland Security's E y"erlfy° system to u?erufy the
errnlnlcrynnneant eligibility of all new employees hired by the Ccauntractcrr during the tenau of the
C°crnntract and sluall expressly recdunire any subcontractors perfonraurg lacuna or lnrcau id rtf;seruruces
pursuant to the Contract to l�aGcevuise uutihze the US,f e artmeunt of Homeland Security's -
verrfgr system to vexntyy the eruuploy eant eligibility of all new employees hared by The
snubccuunlractunr dirring tlue Contract term
31, set'rtivarn in, t;curaanteztrauts' Mrs Agreement may be executed ill my r%uannber of
ccrunrnterinarts,each of uulacdn shall be regarded as an original,all of which taken to getluer shall
Constitute One arnrl the senile innstruuuaneant and any of the dnarties hereto nnfay execute this
Agreennent by signing any such couuunterpa;rt.
32', ect atx duags: fiect o n luead'irn s have beer%inselled in this A reeunnennt as a matter
of Convenience of reference only,and it is agreed that such sections heidtny,s,are not a wart of
dies greenntennt and[will not be used in the innterinretatuaaun of array provision of This Agrmnuernt.
33,, Forced ''nle C'enntracttur Ball not be laable for delay to da+erforruLa nce or failure
to lnerfcarrtn in whole our in hart,The services duce;to the cuccurnerace of any conliuu enncyr beyond
its control of otber acts of God,Co ntsacicrr has exercised reasonable care in the prevention or
nuta,faticrn of damages rind delay,army such delay or failure shall not co nst%tuute a breach of the
a eemennt. Upon denlarnd of T C°of Comity, the Contractor rna ust funrish evidence of the
causes of such delay or Nluure,.
Con4vtitvve Sella:atatasaaa for 1'rafe~re,m:ml Advertrs aaf Apticy sewaces m ytyy1.
k q,
— 91 ^
IN WITNESS%HEREOF,,die parties hereto have caused this Agreement to be executed the
clay and year first above witten,
(SEAL) Board of Comity Cotrunissioners
Attest:Kevin Madok.Clerk of Monroe Cowy
As Deputy Clerk Mayor/Chainnan
(D��be filled ow bv Conlracu!ir)
(Organization)
BK_
President
Print Name Date
ANT)TAVO NVITNT SSE
S
(2)
(2)
Print Name Print Name
Date: Date:
Cou4vtitive Solkitatan for Profi-psional Advera,,=g Agaicy Services�2021
- 92 -
ExhibitA
CRISISNUNAGEMENT PL.kNX:ASE STUDYANALYSIS
In an effbil to provide uninternipied set-vice to The Flonda Keys&I Key West during a
hmic,me enwrgemy or other citastiophic event.Fimi has establisbod a%lawtud plan of
action
The specific plan of the chosen Respondent as H be inwrod tinder flus Exhibit A.
Cam4*4twe Solicaution ki TaoferiswuM Advemung Age my Smwes.2021
41
- 93
n"SUR.kNCT REQUIREMENTS AND
RESPONSE FORMS REQUIRED l'n"'4'ONRd"E f Ot71 TAa-,]FLORIDA
POLICY AND PRO(EDURES
,AMt;REINIENT ADNIMSTRATION UkS UAL
Indemnification and Hold Harmless
for
Other('onsts•;actori,maned frosadncrannti,acton s
The Agency covenants and agrees to nnntlennannnfy and holed hmnnsless Mcamoe County Board of
Comity Cormnismoners frsannn ansy and all claims for bodily injanr,pr(insclanadiang evemtln),,Pen°sannnal
nrnjun y and Property dantnaage(including Pn° perry mmed by Monroe Country) arced any saucer
losses, clannnnages, and exdaeanse,s(irnclanedinng atromey's fees)which arise out of nnn connection
with. Or by reason of Sersrnces Provided by the Agency or nanny o,f its anbcontraclor(s) in nanny
tier,occasioned by the negligence,errors or cwtlner is ongffarl act offatnnnissieasn of the Agency etr
its'lataltceanntnnn,+a ears in any tier,their employees or agents
In the event the completion of the scope of semces%Project(ten mclude the work of others)is
delayed ctt riusPenneda of as a restult of the Agency's failure to gnarclna,se or maintatnna the required
msunraance, the ,Agency shall nnndennmiin r theConn' front any and Al mcretseed expenses
resanitirng fraannn sancln delay
The first tens dollars(SIO 00)of nernntnnnesationn paid to die Agency is for lie wdentnnnaficatnaana
provided for above.
The extent of diadanlity is in no easy limited to,, reduced or lessened by the nasaaraannce
reeltnirennneants co ntameed elsewhere within this Agr nanennt.
tW' rcVerarsse saalicaareceaesn tsar In *wn aanl Bata°errn,a sn a rac,w Services.21Y2I
- 94 -
RESPONSE FOKNI
RESPONSETO. 1 IONROEC'0,1".N"IA'BO RDOYC'Ot.N-n'(O.Ni.NEISSIO.NTRS
(submittediiaemadw O NIB-BID-S'4hjnwsr0qf M—t—
c/o PURCHASnG DEPARTMENT
I acknowledge receipt of Addenda No,(Is)
I hive uicluded:
F�oposal Ethtcs Clause
Non-CoUtision Affidavit Dn�ig Five Workplace Form
Lml Pieference Fofm Public Entity Clime Statement
Vendor Ceflification Regarding Sciutinized
Companies List_
In addition.I have included a cuffent copy of the following professional licenses and busmess
1.1%receipts:
(Check wark item%above.as a reminder that diev are hirludedj
Nbiling A dress:: Telephote:
fw
—Date:
Signed', Witness:
(Seal)
(Name)
(Tide)
CouTetitive Solicaawn fm Rofessioml Advei�tisuq any Semces-2021
95
NON-COLLUSIONAHIDAVIT
L of the city of
according to law on zany oath, urd tinder Penalty of perjury,depose and spay that,
I arit of the
Agency of the Proposer-makmg the
Proposal for the project described in tire Notice of Request for Competitive,Solicitations fbr°
and that I executed the said Proposal with
frill authority to do so�and
1. The prices at this Proposal have been arrived at inclependently without collusion,
consultation,corruntiaticaticra or agreement for the purpose of restricting,competition,as to
any nuitter relating to such Prices With any other Proposer or with any competitor,
2, Unless othensrise required by law,the Prices which have beeit,quoted in this Proposal have
not been knowingly disclosed by the Proposer m!id will not knowingly be disclosed by the
Proposer prior to Proposal opening,directly of indirectly,to airy other Proposer or to any
competitor,
3 No attempt has been made or will be made,by the Proposer to induce any other person,
partnership or corporation to stibinn, or not to submit, a Proposal for the Iyurpose, of
restricting competition,and
4 The statements contained ur this afftmat are trite and correct, and triade with fun
knowledge that Monroe County relies upon the truth of the statements contained ta this
affidavit in isvirding aitremeans for said project.
(Signature of Proposer)
(Date)
STATE OF
COINTY OF
Subscribedand sworn to(or affirnied)before nit,by inearts of 0 Physical Presence or Cl online
notarization, on (Date) by
(name of affiwit), He/She is Personally
knmNat to rue or has produced (type of identification)as
identification,
NOTARY PUBLIC
My Cotitraission Expires;
Competitive Solicthd tion for Profenional Advezt=g Agemy Senices-2021
- 96 -
ETHICIS CLAUSE
SWORN STATEHENT UNDER ORDMICNCENO.,10-1990
MONROE COUNTN%FLORIDA
wlarrmlts that bejit Ills not emlployed.retained
or odlemise had act on lus/fts behalf any former Counly of or employee m violation of
Section 2 of Ordirmice No. 101-19P01 or any County,officet or employee in violation of Section
3 of Ordinance No�, 10-1990. For"breach or violation of Otis provision the County may,m its
discretion,tenninare tins Agreement wrthout hability and may also, ui its discretiorL,deduct
ftorn dre Agreemeut or purclime price, or otherwise recover, the full aurouru of my fm
COITUI�Ssicym pelcenlage,git or.consideration paid to the former County officer or employer,
(Date)
STATE OF
COUNTY
Subscribed and,worn to(:or affurned),before mt.by me=5 of 0 physical ptesence or 13
online notuizatim oil (Dwe)by
(unme ofafturt), He,'Sbe is petsonally
Imown to untie or has produced (type Of identific Ition)as
identsfication,
NOTARY PUBLIC
My Comauss ion expues
W MCP FORM#4
Coulpettwe sobwatm for h0finsihinal Advemsing Ageticy Senue,-2021
97 -
DRUG-FREE WORKPLACE FORM
The undersigned vendor to accordance with Florida Staftile 287 087 hereby certifies that.
(Naine of Business)
1, Publishes a statement ncti�ing employees that the unlawfUl to anufacture. distribution,
dqxnsing,possession, or use of a controlled substance is prohibited in the workplace ml
specit,ing the actimis that will be taken against employees f0f ViOlahOns,of Such prohibition,
'I, P ,
, hiforms loy em ees abo kit the dan.gers of c1rug abuse in the wofkplace,the busiiiess's policy
of maintainitig a drug'-ftee workplace, any available drug counseling, rehabilitation and
employee asm5tmce prop.,ams,and the penalties dril inay be unposed upon eimployees for dnig,
abuse violations.
3, Gives each eniployee engaged in providirig the commodities or contiacnialsemces that are
under Proposal a cop,,wr of the statement specified in Subsection 1 LO,4,
4, 111 the slatentent specified in Subsection 1,notifies the employees that, as a condition of
P ,
working on the coniniodities of contTac hi.1.1 services that are under Proposal,the employee will
abide by the lenus of the statement and will notify the employer of any cowichan of of plea
of;guilty of nolo contendere to, my violation of Chapter 803 (Floridi Staftites) or of.any
controlled substance law of the Utuled Stites of any state, for a violation occturulg in the
workplace no later than five(y)days after Such conviction.
5, Inipose;a Smiction 011,Or require the satisfactory patlicipation in a(ling abuse asstsimce or
rehabilitation progpin if such is,available in the employee's conummity,of any employee wbo
is so convicir&
6, Makes a good faith effort to continue to maintain a dnig-free workplace 1hrougli
nriplement,111011 of this Section,
As the person authorized to sign the statement,I certify that this Agency complies fully
with the above requiremen
Proposer's Signature Date
STATE OF�
CO UNITY OF:
Subscribed and sworn to(or affinned)before me,by means of 0 physical presence or 11 anime
notarization,on (date)by
tlmarne of affiam). He/She is personally known to me or has produced
(t3rpe,of identification).as identification.
NOTARY PUBLIC
MY Conwtission Expires:
Conipeubve Sohnia non fm Professwim]Advertsing Agency Semce,-2021
46)
98 -
PUBLK'ENTITYCRIME STATEMENT
"A person or affiliate who has been placed an the convicted vendor list following a conviction
for public entity crune may not submit a bid on a contract to provide iny goods or services to
a public entity,may riot submit a bid on a contract with a public entity for the construction or
repair of a Public building or Public work,may not subunit bids on leases of real prom-ry to
public entity, may not be awarded or perfortir work- as a CONTRACTO& supplier,
subcontractor,or CONTRAC'TOR under a contract isitb atky public entity,in, may not transact
business withanypublic entity in excess of the threshold aniotint provided in Section 287,017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.""
I have read the above and state that neither_(Respondent's natare)
nor any Affiliate has been placed on the convicted vendor list withm the last 36 monflis
(Siplatme)
Date:
STATE OF,
COUNTY OFF�
Subscribed and sworn to(or affinned)before cane on
(date)by (narne of affiant) He/She is personally
loicrilm to me or has produced (type of identification)
as identification.
NOTARY PUBLIC'
My Continission F-xpire&
ConVettwe Sohatation for Professional Advext=Agency Senices.2021
47
- 99 -
LO(AL P'REFE RENCE FORM
X Vendors cWming a local preference accordutg to Sec 2-349,Mour County("ode nuist
complete this,fonn.
Naine of Proposer!Responder
Date;.
I- Does,the vendor have a valid receipt for, ate business tax paid to the Monroe Colult)r
Tax Collwor dated at least oneyeir prior to the notice or request for bid or proposal?
(Please funlish copy)
2 Does;the vendor have a physical business address located widiin Mouroe County ftoin
which the vendor operates, or petforins business on a clay to day basis dilt is a
subsvuifial coinponent of the goods or services, being, offered to Monroe
County? The physical business address inust be registered with
die Florida Department of State as its principal place of busiitiess for at least oue year
prior to the notice of reqiwu f for bids or proposals (Please Airnish copy of Florida
Department of State Detail by,Entity Nunesheet showing Principal Aftess),
List Acldress
Telephone Nutnber.
B, Does the vendor�'pnmecontractor intend to subcontract 50%of,more(if the gwds,wnrices
or construction to local businesses,meeting the criteria above as to ficensing and location?
If yes,please provide:
I Copy of receipt of the business,tax paid to the Monroe County Txx Collector by the
subcontractor dated at least one year pricer to the notice,or req%wst for bid or proposal,
I Subcontractor address widtin Monroe Coimry fioni which the subcontractor operates,
Cozai;)ftme klicitanc4i f6i Piofessiocol Advemsiaq Agency Sevaces-2021
100 —
Telephone Number
Print Name,
Signatwe mid,Title of Authorized Signatolr�i for Bidder/Responder,
STATE Of
(.70UNTY OF
Subsefibed sand swom to(or affurned)before inns,by mezvis of 0 physical presence of 0 online
not.=ifion,on (Date)
by (n.mneofafflaw) He heispemonally
known to are or has produced (", of
idenkfication)as identification,witt acknowledged flint he/she is the person who executed the
ibove Local Preference Fourt foi flit purposes therein contained,
Notar,r Public
Print Name
,My C911mus'siorl expinv ($C�aj)
Con4wtinve Solic Amon fm Profnuom-d Advemsmg Agem7,,,Semces-2021
101
larojew~r Descx ptaoua(7)'
Ileslaouwdarru ta'wandox�"v"arrte; ..
7,yerwdox FEE
Vendot's rStarhornxawt Represeurt,Yabve Nyunaua uyl I"uule
Address-
City, State zip ��.
uauoa Muzoloex:
Frtwatl Address:
Section�p i n5 Florida Statutez paodnakuatr a coa roamuy°ho a bid daa om sartmaitttuap a primal for.cc ertetwng
uauto cz r p a cr.=act for, ub p .orrvim of ah, arsuonauat ut at die mane of Contracting cur renewal,
couairamuuy is oaa the Scrutim.%emd Camputies that,Boycott d.sraaed list created fammmt to Sectmi 21 i.,f 25,Floz dya
Statartes,ou its exmpapecd aoy^c� t oflsuael. S �oun 7 1Sm,, ox¢da Stanxtes,all Ho pmo� huts a coxudarfoosaa
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aumY be ter atiaawated.at flue Option of tdue d:ouu lry,rf tzue coatugwacu,r ,it fbiw d to have turuattrtted a filse ces"tificat otr or
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d'eutnfzead'F3yr; wvho iu auathorizzaed to sign
on b& f of the alsoue nefeceaw ed coo4ma!y'
Auwthormted.Sipiatuoe
Pml Naunmwe:
Tide
Cote The l uwt are ar riladale at the fbUow m;Npartrivul of h"dumpameuat Services Site;
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a aecu�dr r tuusu%da,rw calls c t d s fz w
fornw,wh ve Solicitations fill Profesaamal Advemrmsarnp Ageramy Seuvrces-2021
°;
102 —
To Be(omplered mid Sigued B) plopost"I",I III Sul I u(p Agency
IN'SURANC E (AJE('1U-1S"l"f OR VENI)ORS "tUBMITTING PROPOSALS,
OR BIDS f OR WOR K
To assist m1he development of your proposal,the uisurmce covetages marked with="X"
will be te(fuued in fix-eveof an arm od j�nuade to lyour firm Please rmtievv this forin with yom
insurance agem, tel have MuOicz sip a in the place provided N N also required that the
IbAler mgu rbe retItusoe forts reflecting coverage mdsubmi� It wob be propos,al
%VORKERS'COWENSATION
kN, D
EMPLOYERS'LIAML ITY
x Wmiezi ComIxmsation Stamory LkWts,
lr�jusy b�,Aczidenv80dil
selvuel
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WCJ A Fedenal lone,Ac�t
Compettive Solmahkm for Pmfesukxud Advfltsing Ap=y'Sprvlaes-2021
103
As a nu naut=the ie-quires! geneial lmbihty coverages wffl wchwe:
. prewves c4x-,fatiow Products Uld Completed Opelltions
. Blanket Contrachial Personal 121)IUV
Requued Linutv
GLI _ $300,000 Couihined Single Limit
GL2 - $500,00OCombinedSmgle Untit
GL3 $1.000,000 Combined Single Luut
GIA S1,000,W0 Combined Single Lmut
GLS S3,000,(K)O Combined Sm.gle inut
GLS S4,000,000 Con ibuied Smgle Unut
GLI, S�,000,000 Combined Single Linut
Requued Endorumwnt:
GI.I.IQ Liclum Liability
GLS Secunty Services
All Ludorses=it,arc iequired to have the Saw hunt",as the basic
NSCXLST
Compenve Sobwation for Fiofesiioni Adivmung Agewy Sei-tices-2021
52
104 -
BUSINESS AUTOMOBILE LIABILM
As au mraaufruuucuu c oveuau$e rlaeruld cxtnA to laau@aalaty fur;
�^ atuf:y�erm-auua�f;uaarl ktarmrcl"�"elzarleu�
llatrpuaared l..urauatu:
V1..I $ ll. lJ t per flee+mv$100.000 l r d:tn^ratrtence
$(`a,ll l Property Damage
:.
$100,000 Conthited Single Lmut
(The as ou 6 a I ul Id be h=ted to special viral pic9e is that a wile"othez
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V1.:3 - $l(bd d xn pes cm,$1, .(X)O pax Owmuersree
S100 000 Daniage
or
$1,000,000 Caaeurlraauaaaf$aararle limit
VL4 $1,CY4,000 f"auzrbl ved$auuple lfrmat
BRI Builders' l a=ts,mgtW to the
Risk hdl peplaarorameurt Va bie of tbt ueaa Tleted
pa'u.)w,
""a°LI mVC Cyixr Liability $1.lhfl0.000
laf'rutmr Truck Lmias t%jual to dx rm%mmu n
p'ltO P 02 Iwe Lep value auf ouy ow slapawnt.
lu`'RO 3
Nof �,monal $ dG: ,C Y)per Ctrruuxme$500,00 Ft f_
POkl l aabilm $ 500,000 Im(E mmerre(rol.00K&.000 Agg,
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pellaataa $ :kVCl.ftlld laer&Mua artteaarm$3l l�.,ld r�f.
p: )t laulallfty $1,00OX(I per 0cz=euzre'$2 0D0,W)Age,
LD2 $l,lll'yl,O IwOc umaz uuraµ"lfa,Pl%d OOU A,1.^,,$,.
S500.000 jxrOmaa ence,$10,0rf+fu.lM Aipg
Call ��aT"w:�
'E,'l Et¢-+hn,ee $10,dldd
Daulrmptsty $Ilad,lOD
Garage, $ :300,O ($ 25,OVJ leer Velude)
Keelms $ 500,0 ($I(K),000 lieu Vehicle)
$l,ll OA ($2 all..000 per Velucle)
Compedtive Solicitation faaa Ptufe*s tonal Adveatudr,$Agemy^Senwe,u 2021
5;y
^ 105
MEN "&dxal S 300,(K5'3S 750,000Agg
MED2 Nofe'smonal S 500,0(*S 1,000,M)Agg
MED3 S1,0WO008 3,rM,(Y,*Age
Nff-D4 $5,0(3jX4OslO,(v)O,0(0 Agg,
IF Insufflation Mumaun vahw of Eqttipmwl
Floater histalled
VIPI Hazarchxts S 500,000(ffLpquim MCS-90)
V1?2 Cargo $ 500,(X)D(Requires MCS-W
VLP3 rinspren $1,000,000 Mjx4ulre,MCS-PO),
BU Baik-e laab mauluml Vahm of Coway hCj"Wrty dhemll
Ix in dw Badee',pmession
HK 11 lhaipr keepers S 300,000
1-1 K 1.2 Luthaity S 500,000
HK,L3 s 1,000,000
HK 1.4 s 5W,WO
AM.I Aiimfl s 1,000,000
A IR-1 Luibibty S 5,5tu'X),0100
AIR3 $5OX)O0,000
AE01 Amclwects 1-ii-ces S 250,W0pezOcLunenreS 5MMAgg
AE02 & Chmssiolm S Agg,
AE.03 S 1,0001,0DO pcT Owtuence S3,000 O(K A?g
AE04 S 3,MW per Oc,c.unewp,$5,(X)0,0W Agg
ARP All Rnk,Ftoperty Full Replacemma Vahw of Structuie
EOJ Emputer.&Tars S 250,000per0mumweS 500,W2Agg,
E02 &Onvissions S 500,(M pei(.'XcunmceSL(NX000 Agg,
E03 S 1,M),(M)per Ckxurzewe$210,00) A
M
E04 S 5,000,NX)per C)c,.twenzeVDO(X),000 A?,g
WLI WiteT C'r 1A S XXXOM pet(kcuruaxe
W12 Labibtv S I'MO,000 per Occurrence
Coui;vwive Solicitation for Profesmamal Advemsing Agency Sews-2021
106 -
T h!Ive rmewed ttkeatvve re a it nan anri wilh ffit biddei narned IvIou,,The fbllowing deductibles
apply TO the 001TI ;aT)aaaIldilt undl war
Saar ti" DeductsWtq
L ml diry°Tammkies mae daa°rarra°emp, [m]C°hm'ns T re 1e
Inmawe Azmc y . a an as
BMD RS
STikT MTwNT.
1 undei s tan d the in,,,,ur as e fhaa ama.1'I be ma n atr a a1 awirded the con tract and wr II co nnlaly in
�fli with all abe fequi.aeanneanla.
Bidder",, ,name and Tale uara4ynu
C°uarnp aruy Name
e
o"ifta°r Sofic¢taation 1"aac 1 anfa~smmamarzl Advertium.Agemy^ 'N'.-Ices,.2021
107 —
sEcrio.x six
UQUEST FOR(OAPETITIVE SOLICITATION(HECKLIST
Please euslife that aill items have been checked befote wbmirung Reqiwul for Competitive Solicitation.
Submit this cbetklisl as the last page ofyour propos.a
I Cover Page
2 Narrative Self-Aimlysis
El 3, Refereuces
4, Chent Inf6ruiat,on
Fumficial Statements,Accountingatid Bookkeeping Procedmes
El 6, Stiff hiformation
El7 Sergi ice CaImbility to Momoe County
8, Compensation
9, Lifigatiou
El 10,collntylllsllrmlce Form's(Yotu�kgeauw Must Sign Insurance Documents)
I I.otim wmmlio,
12.Completed Competitive Solicitation Checklist
CaqefibVeSohataum fol Pmfesnonnl Advennin: Ag�mfcy Senices-2021
108
P40TICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
FOR THE
Professional Advertising Agency Services for Monro�e County Tourist Development
Council Development Council
The information contained in this Addendum modifies, supplements or replaces
information contained in the Request for Bids and is hereby made a, part of the
Contract Documents.
Question 1:
stclion& AhaMIMM1211im,
Givc a sJumt vvTitten outhsic Irmewntaficut(in hcrvv the mw y%ould prOIXAC to dc%viop
a carnIxaign fin the Florida Kcyw that "ould inckmak,,. a ix",mition mutlysis, taq;,ct
inartos and display mw r y examples of crcmivc �xvjxxwhw, I'm this 01MINI'lqn,
lnclu&rxint,broadcau mrm.mn ,bcnrd')and dir"itat nw+,de advcrusisq�,, 111,cast,,Jlocmac
what pmentag"C' ("4 ctxb of thow awdia phuxmin scmArccs(equahng I(XrNe) ",oulj
make op your plan,
No ct,:jwniwt regAs(hng thss 1xvsentation or cotnIx"tilive bid pnxiess will tx aRowol
be,tweem 0w h A and iiv&N iduAl mcintxtrs cd II)c S&-clim ("01mmuce ol, TEX"
Ward nwnAm's,
As we understand it,this section is calling for original,speculative work Pertaining to this
project.is that correct?As tique agency we unfortunately cannot af:ford to provide such
speculative work.Therefore we're wondering if examples of previous work would be
sufficient for our consideration.
Responsel:
We are looking for a proposal that will show what you would propose
for the Florida Keys. Unfortunately, we cannot accept examples of
previous work your agency has managed —all responses must pertain
to how you would handlethe Florida Keys acciount.
— 109 —
ADDENDUM#2
P40TICE OF REQUESTFOR COMPETIVIVESOLICUA DON
S
FOR THE
Professional Advertisin nc,y Services for,Monroe Co unity Tourist D,evelopm,ent
Cound Deve1oplimient Council
The informabon containedi in this Addend,ium modifiles,supplements,oir repl�aces,
inforimation contamined ii,in the,Request for Bids and is Ihiereby made a part of the
Contract Documents.
Quesfilan V,
We're sleekingi clanfication around fts requirernent rn yolu,r RFP."Provide a
statement acknowledgingthal the agency would agir,ee not to repiresenit any new,
tounsft'desfinabon chents Mthouit the approval of the Monroe Co unity Tourist
Development Council......A,s an agenicy solety focused onithe travel industry, miost
of our cheints,are DM Os with needs and chaflenges simitar to those,of the,
Monroe County Tourist Development CounciL Are you Iboking for an agency that
does not represeM any desfiraborMourism,chents,or onily that the a ncy not
represent specific dasfinatibns that(a.10 tthin youiir direct oompeblive set?
Response I
We MCI) rec';O arry m"M"o ar"aq'eprnier"n vrvth to the foHoonng exc,',Iius ve
F)rrrij rt WdHrx e' W
aMrac,bon or c)t1her dasttnaif&or,wai,rkif i;Picm jrrie('"'Cfurv�y cxa"'rely x c,,qy Jesfinattorl[s
MtNn the S,fate of Rorwda "w0"elfut ar"q,"el'y"Val from ftx"'I, ar"fd'.J cc")'u'nly
Quiestion 2:
Can you please share you most recent rnaikefing plan?
Response 2.
Aualched tstfl�'e ptxvi','>'r� tt* 4"kd',vert;'Es1ing Se,,111'tior� of' tie Karke,kirig vo,i',,'� abk,,',',i
Question I
Can you pease share examples of recent campaign reporting?
Response 3:
Attached us fl'ie Natest Netedia Carnpargrif reporting 9"iat th* T'D(, ihas bc�en provided
— 110 —
4 iCH"04"OE COL'I"4TY CC,U1!,,JCAL 2020,202� MA�RKEI1 ,4G ?'LAr,4
1. Advert,isinlg
As the Cavid-19 Crisis Continues to Shape how consurners view travel, advertising will
need to be rnore flexible than ever before in, regard to messaging and needle placement,
Consurners'liabits will be affected and attitudes will change, While there is optimisni that
people will be traveling prior to the start of this plan in October,, there still is a great need
to keep a close eye on public health, trends and travel habits.
As a whole, target auidiiences should riot change significantly for The Florida, Keys& Key
West, In the past fe,w years,greater attention has been,given to the emerging miHenniat
market This market becomes of greater importance as they, are likely to travel and
pursue their passion for visiting new and excfting destinationis. Furthermore, millennials
are maturing and have more money for travel and are the Keys' customer of the future.
With budgets lower for 20 /2021, the Keys investment in advertising will need to be
planned with an eye to even greater cost efficiency. Sacrifices will need to be made and
greater concentration of core media elements such as television and digital advertising
will be the focus of the pllan, Distributilon of the Keys message will be through video on
different platforms, but most imporlantly, the destination's strongest asset is its visual
appeal to prospective travelers,.
The timing of the rnedra plan will need to change to escalate visitation. Historically, there
is a fair amount of promotional activity ini fiscal 01 (Octolb,err)'Novemb,er/Deceim,bler).
Furthermore,, with a presidential election and other political races, 'there will be greater
than normal demand on television. To that end!, much of the advertising in October, and
early November will be focused) on, digital advertising, including social me is with
television Joining the campaign to drive business to the destination,
The media strategy will focus on the funding of advertising directed at the primary target
audience of Adults 35-614 with an,annual household income of$15 flat 00+. As,nientioned,
millennials (Adults 25-34, $10 ,0010+)will have an increased role in the plan for 2021 and
as this group agie°s, the Gen Z segment will start to, become more relevant. Marketing
efforts,will be placed to support these younger groups. C,affipaigns,to,attract enthusiasts
in diving, fishing and culture will also be implemented, Travel agents and meeting
planners will also be targeted throughout the year,
Where and when the destination advertises will also be dictated) by the recovery in what
have been historically top markets for the Keys. Markets in the Northeast and Midwest
that have been especially hit hard by the virus may not be a source of visitation,until early
calendar year 2021. Individual markets will need to be selected based on their likelihood
to travel. Research from where people are searching for the destination will need to be
identified and advertising placed in those areas, Where adverfising will be placed will
need to be especially flexible and could change at any time.
........................................................................ ----.................................
711,E� F OROA KEYS & KEY WEST I C0111E,", A,S YO�J ARE"
1�10t'414OE TCH MrliT DEVELOFN'IE111417 MRXR, N0,2Q 202 MAPKE111114G N A�14
As media usage continues to be fragmented,the 2021 media plan Will Use a strategy that
follows where prospects are consuming their, media, Television will remain an integral
part of the plan as it is still extremely relevant. This is especially true in its ability to provide
reach against the target audience. Furthermore, tocal news is a consurner's most sought
after,vehicle to find out what is happening in their community. This is especially true in
light of the demise of newspapers. A study from GFK Research finds that television is
the leading mediUrn to motivate consumers to purchase.
Other data driven video outlets that have been used over the last few year's will see an
even greater presence. Addressable Television has been used in the past and its role
will be expanded as it becomes available in a meaningful way in more markets,
Addressable Television allows The Keys to deliver messaging to target prospects withoUt
the waste. Over,the last few years, traditional television has lost viewership to streaming
services like Netffix, HBO, Showtime and Amazon Prime. These platforms do not accept
advertising, limiting marketers from speaking to the audiences, Through services like
Samsung and Samba, we are able to identify those heavy users of streaming platforms
and retarget there when they are not watching television with video. This is an excellent
way to address light viewers of television and cord cutters.
Digital advertising has been a significant part of each media plan and expenditures grow
annually. Using pre-roll video enables The Keys to maximize reach against target
prospects. Video in any form is The Keys greatest tool in influencing potential visitors,
The visual beauty of the destination is its greatest sales tool. Digital advertising will be
used in several different ways. Digital's greatest strength is its ability to leverage data
collected across the web to effectively target future visitors. It allows for targeting spedfic
segments and niche markets for each campaign. Social media continues to be used in a
meaningful way across all segments of interest to The Keys. While Fa book and
Instagrarn have been used successfully over the years, (interest has been added to the
plan and is a promising platform to bring visitors to the destination, especially for
destination weddings and honeymoons.
Traditional television advertising will remain an important part of The Florida Keys
marketing efforts. Spot local market television in key markets will be implemented where
prospective visitors traditionally come from, specifically in the Northeast and Midwest in
the fall and winter. Timing will need to be especially flexible based on each markets'
likelihood to travel. National cable television has been a part of the marketing plan for
many years. Given budget parameters, national advertising will need to be reduced. A
strategy that uses only national cable news networks(Fox News, CNN and MSNBC)will
be used.
------------
T'RIE FIX,)ND/k KEYS & KEY NVES'T' � 0'.)ME, AS YOU ARE", 1-2
— 112 —
pgm-,/
FEBRUARY & MARCH MEDIA RECAP' TV
CNN, MSNB,C, CNBC, FOX NEWS, FOOD, HGTV
Northoost Spot Market - /t-, / "
New York DM
Chcaqo DMA
Phil aidelphIla DMA
Bastion IDMA
"an h4igt rl, I . o 01MA
Oletllout OMA
Dal1 s DMA
Toronto D,MA
Southoast Spot Mairlrr t. / - / '
Charlotte DMA
Atlantan DMA
Addressable T
i slept nsarar'n „ NYDMA
FEBRUARY & MARCH MEDIA REGAL' SOCIAL
„ rncebrara /gcr trnu r rrn , gararns¢ r r1' VWelo ra rnrlurrtl µ 2/1.3/ "1
• acei look/inist i grarrn Sponsored VWeo Weddings - /1. / 1,
FEBRUIARY' & MARCH MED,IA RECAP - NI,AT'IIV
o ravel natlt,eisi,it,e,con,i/ "ooda n Wgr rri, rii Custom Native nt nt
st9rarn l tnrargra Phil , yam - /1-; / 0
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113
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FEBRUARY & MARCH! MEDIA RECAP DIGITAL
• I o n l l')'I ,uniurl corm) - 1/1 -1/ 1
. I..o n ly Planel Er ul - 2/
• 1 una~1geffiraveN.r:orrr M1,u'n'°rafll 11/17 & 3/11
• Adar . Re-T r elurrug - 2/1.3/ "1
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w GrrnuunriTrrui11°u (xAd)i 2/1 11/./
• Mwlunbde uuis - 2/1.31311
Luxury
• 1luurnnluru - 2/1-3/7
• VilvOt l`Irnrnrlpou Arnazon Co ninr cte T - /1- / '
• NYTirru nu.ano nn Hex Fitai re 1u"ldeo, _ ' /1 ,1/"/
• CNN,com - " /1,3/7
F o x N e w s c al rni m- 2/11. /7
1 n l uu rn rn W r'r d efl a s 1 E uu 1p r l rice - 2/1-2/7
• ewlMob V11 , rrni - /11°3// 1
uleftrni Wurun.0 o nn/rhilelK riot, n„unn 11/1.3/31
Gologle Diisplay Netwolrk , "2/1- / 1
1luuunllln YouTuble, - 211/1-3131
North star Meetilings Group .: l` Ilnruu - 1 r 1
Northi s1,rnir- Travell WeunMy - A nrnauai
1 u e tex - /lrnrrnuunul
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— 114 —
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FEBRUARY MARCH MEDIiA RECAP - E
MicrosoftGoogte Search
(Yah 1Bmg/ L Search)
F B UARY & MARCH MEDIA RECAP - OUT- OF- HOME
D IIa •Fit. Worth - Maircl1"u
Atlanta - February
( Ia1c g March
r'
BRUA Y & MARCH MEDIA RECAP - PRINT
T
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,. .3/28 21
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FEBRUARY & MARCH MEDIA RECAP INTERNATIONAL
* Canada
Northeast Miverluuai . /1.3/30
� ups g 1, a "drain , 2/5 & 3/
United I Inic d u
o F"ace!book Inistag rairuv Vlideol - 2/1-3/30
m Northeast Medii , - ✓I- /301
o I. I irrap ar; .ual - /1I-3d i
3/113/21
o N g.LL2LdAL Lp_O_CLCj 11m F Section) March
202111 FEBRUARY TINSLEY ADVERTISING
— 115 ^-
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�ir�FEBRUARY I u CIH MEDIA RECAP - I'NIT RNA N AL
* Germany
* Northeast Media - 2/1-3/30
� '. Februaiy & March
* Scandinavia
Faceboo ,i''IQr''M rrum 'VW(.-, /1-3/31
Noirtlht--rut Med� • 2/11.. /30,,
FEBRUARY & MARCH MEDIA IRECAP - CO-OP PROGRAMS
Winter Mobile
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Winter Re-1 arg tlrn l
n Fla:-Keys, o mmi, 'isitFlrnrrrta, r'^aim,,n 2i'l ,3/3
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AIDDENDUM#3
NOTICE OF REQUEST FOR COMPETITM SOLICITATIONS
FOR THE
Professional AdvertiMing Agency Servilices for Mionroe County Tourist
Development Council Development Council
The iniformatioin contained in thiis Addendum modifies, sup#ements, or replaces
information colintaine,d in the Request for Bids anal its heirebly made a part of the
Contract Documents.
Question
Whaia is the uAj]annual knidget?
Responsel:
f e;'if �4 hu'd"",c T 4 1" T u it ""'ll%r.",g T,v,t z il"'e Y'K if a I vc,�f,'i I'l tn;v oe,,":!Diu N',4 J� i°'f",T i 1. i cht,
yeah r t,vioqlarid officlv
Ques-flon 2:
C'm agencies hild luggelher as clonsufnium wiffi,a lead agcm y?
Response Z;
Thc 4,:ontract is beh)"t"'en lf"An4".,(CuUT% inil �Iw Kt yid rah Ut-nw,'im
Question 3:
C.um ,agencies bid separately fim,parts amp"the savi"s required Jin wcial rnedia cmily,for efxwnplespia
Response 3:
N
Quesfilon 4:
Of the tolal budget for 2021,No% asuch do ycxt internd w&-idicate to rviers aml hom, much to media
btsy":'
Response k
Thc i" %Vv-do,rx"'OJI, O'x: pto,,�I%.' d'ia R"I�o,'w al
125
Questiorw 5:
What intemation.,il markets do y(,,w nxmaly fcxlls on?
Respomrw 5�
C',asm,da, UK,Cicrutan)
Question 6,
What IvrLemage,ofthe budg,el do ycw typically alkxwc to digiud market and swwial nwdia"I How do
you cx1vct that to shift cm how ha*thm shift"i with COVIE)"?
Response&:
The "'ml�crlislriv, ,wlCrkf""�, cAf, %,,ird �"hc �fif 614,
Flowida Ket icna"'s lhe kaficmus rucchurr"of"
Question 7:
Is any rxnt.km(A dw, budget cuffewly dedicated to air service&-velopinclu"
R onse 7:
No,
126 -
Appendix III
FY 2023
Budget Request
Presented to the TDC
127
Agenda Itern#
F.2.
MONROE COUNTY
TOURIST DEVELOPMENT COLINCIL
AGENDA ITEM SUMMARY
MEETING DATE: June 1, 2022
DISTRICT:
AGENDA ITEM WORDING:
Conis derafion are d Actbn r FY 2023 Line Item Budget
ITEM BACKGROUND:
,Attached
PREVIOUS DAC/TDC ACTION:
RECOMMENDATION:
A�p)proval
TOTAL COST:
ALLOCATED, FROM:
REQUESTED BY: Administrative Office
PROVIDED B'Y. Armin istrative.Office
DEADLINE DATE: May 20, 022
— 128 —
DA,TE: May 20,2022
TO: Monroe County Tourist Development Council
FROM: Stacey Mitchell, TDC Director
RE: FY 2023 Budget Sumirriary
Each year the administrative staff brings forward a line item budget for review and approval.
We brought forward a strategic budget plan at our April 26"fi,2022 meeting that was approved
by the Board, The strateglic plan included bottom line numbers and general guidelines for the
operational budget for FY 2023,
We will review the budget in the proposed' generic two penny operations that include
administration,, advertising, sales,, public relations, film commission, research, Dive, Fiishiing
and cultural funding. Likewise, the two penny district budgets, including promotional and
capital allocations,will be reviewed, The District Advisory Committees (DACs)have approved
their line item budgets at their May meetings,
After,approval by the TDC,staff will present the budget to the Monroe County Board of County
Commission (BOCC)in a July workshop meeting, Then there will be three(3)public hearings
in September with final approval on September 21,2022.
Cons Ideraflon and action re" FY 2023 TDC budget lotaPrig $79,287.247'
Noa eded Arwual rour Penny Revimw 47,15(N),0001
Less Slate iReserves,(F,S.129,01-) $(2,375,000)
Balance Brcwght Foirwaid Ha,;eid in
End of VY 2022 ProjeOlions
Revenue VarlancpyExpenditiurp.,5'Vardance $19,742,9109
hfirflated wmexpewhact n apital/Pvcmt ciniU&, is Pe unalkxa,iPd resoutte,s
Unaillocated Capital Resources 5 1,019,,361
Administrative Resources $ 130,563
Event Resources $ 210,821
District Promotional Advertimng $ 6227,960
District EcOnornIc/Natural Disaster Capqat Fund $ 2,530,9a)
CapRall Agreements Brought Forward From FY 22 $ 4,654,224
Event Agreements Brought Forward From FY 22 $ 942,776
wotat E.,iinvoed tmoxpNWed capitd/event conhac ts lojtf,,ons,
IrWrI, peVlrly G*?FmeVk Enivilgency Funds BBF hom IFY 202
Events Promotion 1,827,833
Advertising and Promotion 2,000,01r*
(Staff will recornmend an additional$4,13O0,000 for FY 2023 from resources)
Administration $ 475,000
(Staff wdl recorn mend an additional$350,000 for FY 2023 lronn, resources)
"I uhfl FirweTgpwwry Resii.,wy,cvrs,RU $ 4,302,833
Tot,,fl FY 21ilr3 Stociget
129 —
OjAtO ptojects
Capital Projects funding�agreernents—BBF)from FY 2022 $ 4,654,224
($3,004,252 of thrs total is Cjty/County/rnunrcipalftfes pro;ects)
NEW(apital PIojeiits Resourf es for IFY 2023 $10,154,310
Unallocated PY 2022 Capital Resouires $ 1,019,361
Total Capftal Resources Available wi,FY 2023 71
CULTURAL/fISHIING/DIVE COMMITTEVS
We recommend increaclng each of the Budgets by$150,000 from the FY 2022 budget
CUItUral[LNvrbreflw $850,000 Nshing Advisory Comrnrttee. 5350,000
Dive Urnbrella� $8542,000
CAPITAL PAOJIECT f UNDMG
Each yea;the TDC,In concert wfth.thp SOCC,aflcxates a portion of the annual bed tax revenue ftom the Vastcornpdete
fls4 year(For FY 23 our FY 21 audited budget has been utiked), The utfllzation of this amountof fundkig isciontnrlgent
upon the contonuing stabiNty and g�rowth of the tourism industrV,
• NEW rap tail re,5ource5 based on FY 2021 revenue($110,154,310J plus FY 2022 CapAah unallocated roltover
($1,019,361)totahnig$11,173,671 can,be cenMdered for FY 2023 CapitaN Projects,
• Capital projiert5 MH be funded from the two penny DAP budgets,
• Capital project contractors that have indkated thedr contract amount M11 not be expended on or before
September 30,21D22 wifl be brought forward to fY 2023
• We Wk recommend that each[Tistrkt continue to consider ff they wisb to set acAe funds pun their
economk/nalural d'd5aster Capftal fund to be utrhzed as a,fast resource during an ecaknomic/natural docaster
where repa"rs to tourist facfl«t4es rnay become necessary,
GOVERNMENT COST ALLOCATION
• TDC projects$3091,2 73 for county gavernment crAt aillocation to mitgate development of tourism pn FY 2023,
This cost Include,services for the County Adminrstratior,finance Department,county Attomey's Office,
7echrikall Seavaces,OMB,Purchasmg Department,Publlic Works and the Board of County Carnnr4souon,
• To offset the expenses rellating to the collection and adrnirvstrataoirr of the bed tax revenue by the Tax CoHector
and Clerk of the Court,uip to 3'%of the bed tax revenue is provided for the PlUrpoce,
SU Mj E T AM IE NOM EN TS
The TDC budget provides the flexibMty to make operationall modifications throughout the budget year,however,mr
budget arrendirrents wilt be considered unless awn eronornuc/naturaf disa.,ter is dedared,
"The Ildne fte et presented it Ms meefing may be adjusted to aiccommodate changes In
county cost, allocabon, county salary)benefils, emergency funds or adjustments to balance
brougfil forward, to MH be reflected in:the 'rDC budget that is presen,ted to the BOCC� for
final: IPPF,DV,311:. The TM board MU be notIfied of any changes fitter to day's ipprov.'fl,
2
130 -
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Appendix IV
FY 2023
TDC Budget Request
Presented to the BOCC
- 141 -
DATE: June 2, 2022
TO: Monroe County Board of County Commissioners
FROM: Stacey Mitchell,TDC Director
RE: FY 2023 Budget
The information contained in the attached document of our proposed FY 2023 TDC budget was
approved by the TDC at their June Ist, 20,22 meeting, The budget has specific allocations
within the generic adnirnistrative, event and promotional accounts that promotes the Keys as
one destination The five (5) Disthi:Ls accounts (Key Larqo to Key West)have been approved
by the,specific District Advisory Corninittees and the TDC
N ojected AnmW FOLU Penrty Revenue 1;47,500,000
Less Statp Reserves(F.S.129,01*) $(2,375,000)
Manse Bwught fou wm d Based on
End of FY 2022 Nojections
Revenue Variance/ExpendAures Var iance $19,742,809
Esthnated imexperided calpitA/eWIA(00tnadS&LHI,&'Uted I(?50U1(eS
UnAiocated Capital Resources $ 1,019,361
Adrniriistrative Resources $ 130,563
Event ReSOUrces $ 210,821
Distrk,t Promotional Advertising $ 627,960
Mstrict Econornlc/Natural Disaster Capital Fund 2,530,9(*
Capital Agreements Brought Forward From FY 22 4,654,224
Event Agreements Brought Forward From FY 22 $ 942,776
Tot,A ESVMr Wled Unexpended(apiuA/ever4t contwa(As&"naHocated resources as 10,116,005
iwcii Penny to eripirk Emergency Funds 98F fioni IFY 2022
Events Promotion 1,827,833
Advertising and Nomotion $ 2,000,000
(staff will recommend an additional$4,ODO,000 for FY 2023 from resources)
Administration $ 475,000
(Staff will recommend an addMonal$350,000 for FY 2023 frorn resourc*s)
ToIA bne%enq ReSCUrces 88F 4,302,833
Total FY 2023 Budget
Following is the attached.
• Summary Sheet of generic and district total projected budgets and expenditures
• Detailed breakdown of line items for generic and district total projected budgets
— 142 —
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153
Appendix V
Auditee Response
With Clerk Reply
- 154 -
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Kevin Mado , cpA
fr <, C;ferk of the Circuit Court&C;opiptroller-Wiroe Gotuity,Horida
Clerk's Reply to Auditee's Response:
Following is Tinsley Advertising's response to the audit report. As indicated in the response,
Tinsley Advertising stated that the report contained factual errors. While we do not believe this to
be the case, we do agree that the use of some terminology was inaccurate. Therefore, we removed
the paragraph they highlighted in page 3 of their response. No other changes were made to the
content of the audit report.
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
— 155 —
+ pII
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Date: February 21, 2024
To: Tammie Murray, Senior Internal Auditor
Clerk of the Monroe County Court& Comptroller
From: John Underwood, CEO
Tinsley Advertising
Re: Tinsley Advertising Response to Monroe County Audit
We are pleased that the Monroe County Clerk of Circuit Court has recognized that Tinsley has done an
exemplary job of handling The Florida Keys advertising budget and found no evidence of
mismanagement of funds.
First,we would like to point out that the following items are outside of our Scope of Services and
therefore out of our control.
-Review of TDC's Advertising Competitive Solicitation—Other than competing and supplying
our submission, Tinsley is not involved in the RFP process.
•TDC's Budgeting Process—Tinsley Advertising is not involved in this process. Once budgets
are supplied,the agency provides media plans and contingencies that will cover production(new
ads, sales collateral, special projects, etc.) and other media opportunities throughout the fiscal
year.
We would like to respond to the following items that particularly pertain to Tinsley Advertising and ask,
where appropriate, if the Clerk of Court could please correct these items*before the final report is
published:
1. Testine of Tinsley Invoices
The expense report anomalies were the result of a minor accounting oversight based on a new
employee not knowing what is billed to the agency directly and what is permissible to Monroe
County, and we will happily remit those amounts.
We were also unaware that rental car insurance for Monroe County business was not permissible
but have addressed this policy moving forward.
— 156
Page 2/Tinsley Advertising Response to Monroe County Audit
*2. Review of TDC's Advertising Competitive Solicitation
We have complied with mandatory reviews since 1986 and we have never taken our role as
Agency of Record for granted.
We have never received any special treatment from the TDC or the Selection Committee nor are
we in any way,involved in the selection committee or RFP Process with the TDC other than our
submission.
In the 2021 review,we worked as if our lives depended on it and pulled out all stops to create a
bulletproof response to the RFP. We did new advertising campaigns, media plans and long-range
strategic planning.
We also found out the day after the deadline, that we were the only respondent. This, in no way,
should reflect on the quality of our work or the integrity of the Selection Committee(we would
encourage you to pull the minutes from that meeting).
If an agency did not submit a response to the RFP,they do not qualify. Period.
We have participated in numerous reviews for a variety of accounts over the years. They basically
fall into two (2) categories:
a. Credentials pitch
In this type of pitch there is no requirement for Spec Creative and the client awards the
account based on experience.
b. Spec Creative Pitch
This type of pitch requires actual Creative Examples of what you would do—not what
you have done in the past for other clients.
The Florida Keys RFP specifically requires Creative Examples and Media Planning. If an Agency
doesn't have the capacity to do this,they don't have the capacity to handle the account. Yes, a
pitch can cost$50,000 or more and take hundreds of manhours of
work...we know. Please see below requirement from the 2021 Florida Keys Advertising RFP as
it relates to any agency's costs incurred when participating in the submittal process:
1.12 RESPONSIBILITY FOR RESPONSE
The Proposer is solely responsible for all casts oi' preparing and submitting the response,
regardless of whether an Agreement award is made by the County.
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Page 3/Tinsley Advertising Response to Monroe County Audit
The Florida Keys also has an exclusivity clause. Meaning,the Agency of Record can't represent any other
destinations in Florida or resorts in county, and since all reimbursement must be made in arrears, the
Agency must prove it has the financial capacity to handle this.
These requirements help weed out unqualified respondents and should remain but...
please keep in mind we don't make the rules nor formulate or supply input for the RFP process.
We won the account fair and square.
*Factual errors in the Auditors Report under "Review of TDC's Advertising Competitive
Solicitation"
Page 15 states, *"In fact,rather than demonstrate how they would prepare a new campaign for
the Florida Keys like other vendors were expected to prepare, Tinsley's response to Section 8 was
over 140 pages and was a recycled campaign they had previously prepared for the TDC."
*"In other words,through no fault of their own, Tinsley, as the TDC's current Agency of Record
for Advertising Services, appeared to have been provided an unfair advantage when responding to
Section 8 of the RFP."
The first sentence on page 15 of the audit implies that we did not demonstrate how we prepare a new
campaign for the Florida Keys and that other vendors were expected to do more. This is incorrect.
Our proposal covered a future 5-year plan that included(as required):
NEW A position analysis—Our strengths and weaknesses relative to the competition is on Pg. 28
NEW An allocation of media placement can be found on Pg. 43
NEW An analysis of target markets can be found on Pg. 42
NEW Media plan with an extensive analysis of demographic and psychographic target audiences
Pg. 104-172
*Several examples of creative proposals:
*Unfortunately,the audit falsely claims that we supplied a"recycled campaign" and fails to
recognize the quantity of new work contained within the proposal.
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Page 4/Tinsley Advertising Response to Monroe County Audit
Please see proof of NEW CREATIVE EXAMPLES presented in the 2021 RFP response.
NEW Sustainability print: "Room to share"Pg. 29
NEW Sustainability outdoor: "Infinite possibilities"Pg. 29
NEW Sustainability Video Storyboard: "Slice of Heaven"Pg. 30
NEW Sustainability Print ads: "We all seek calmer waters" "Personal space"PG. 31
NEW Sustainability Video Storyboard: "find your way"Pg. 32
NEW Sustainability Print and pro bono work for Coral Restoration: Pg. 34
NEW Cultural diversity and tolerance video: "Comfort zone"Pg. 37
NEW Cultural diversity and tolerance print campaign Pg. 38
NEW Cultural diversity and tolerance print, social and digital Pg. 39
NEW Geo tourism video storyboard"Wonders of the world"Pg. 41
NEW Out of home digital billboards "Daily departures" "I break for manatees"Pg. 58
NEW Airport/Terminal digital billboards pg. 61
NEW Airport baggage claim campaign Pg. 63
NEW Authenticity print campaign Pg. 66
NEW Key largo 2-minute video storyboard Pg. 71-72
NEW Key Largo 30 second video storyboard Pg. 73
NEW Key Largo print and digital campaign Pg. 74
NEW Key Largo social campaign Pg. 75
NEW Islamorada 2-minute video storyboard Pg. 77-78
NEW Islamorada 30 second video storyboard Pg. 79
NEW Islamorada print and digital campaign Pg. 80
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Page 5/Tinsley Advertising Response to Monroe County Audit
NEW Islamorada social campaign Pg. 81
NEW Marathon 2-minute video storyboard Pg. 83-84
NEW Marathon 30 second video storyboard Pg. 85
NEW Marathon print and digital campaign Pg. 86
NEW Marathon out of home and social media campaign Pg. 87
NEW Marathon print and non-stop flights campaign Pg. 88
NEW Big Pine and the Lower Keys 2-minute video storyboard Pg. 90-91
NEW Big Pine and the Lower Keys 30 second video storyboard Pg. 92
NEW Big Pine and the Lower Keys print and digital campaign Pg. 93
NEW Big Pine and the Lower Keys social media campaign Pg. 94
NEW Key West 2-minute video storyboard Pg. 96-97
NEW Key West 30 second video storyboard "History lesson"Pg. 98
NEW Key West print and digital campaign Pg. 100-102
NEW Key West social media campaign Pg. 103
NEW Print, digital and social campaign for Northern target audience Pg. 105-106
NEW Print and out of home for the Drive Down Market Pg. 108-109
NEW Print, digital and out of home for the Non-Stop Flight Market Pg. 11 I
NEW Print and digital campaign for the International Market Pg. 114
NEW Cultural Umbrella storyboard"Uniquely inspired"Pg. 116
NEW Cultural Umbrella print and digital campaign Pg. 117
NEW Dive Umbrella video storyboard Pg. 120
NEW Dive Umbrella digital and print campaign Pg. 121-125
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Page 6/Tinsley Advertising Response to Monroe County Audit
NEW Fishing Umbrella video "Pleasure and pain"Pg. 127
NEW Fishing Umbrella print and digital campaign Pg. 128-130
NEW Boating video storyboard"nothing but nothing"Pg. 132
NEW Boating video storyboard "See the Keys"Pg. 133
NEW Boating print and digital campaign Pg. 134
NEW Eco-tourism video storyboard"Stay with you forever"Pg. 137
NEW Eco-tourism print and digital campaign Pg. 138-139
NEW Camping and RV print campaign Pg. 141
NEW Food video storyboard"So close you can taste it"Pg. 143
NEW Food print and social campaign Pg. 144-145
NEW Family Target print and social campaign Pg. 147-149
NEW LGBTQ+digital, social and print campaign Pg. 151-153
NEW Gen Y Target video storyboard"Find the answers"Pg. 155
NEW Gen Y Target digital and social campaign Pg. 156-157
NEW Gen X Target digital and print campaign Pg. 159
NEW Baby Boomer Target print, digital and Spotify campaign Pg. 162-163
NEW Weddings print and digital campaign Pg. 165-166
NEW Travel Trade print and digital campaign Pg. 169-170
NEW Meetings digital campaign Pg. 172
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Page 7/Tinsley Advertising Response to Monroe County Audit
Conclusion
Considering this positive audit,we would kindly ask that Monroe County retain the services of Tinsley
Advertising through 2026. At that point, a cyclical mandatory review can occur taking into consideration
all that has been learned in this process, and without derailing the program and the progress that we have
made together.
We have turned down offers to pitch other destinations (including Visit FL and Ft. Lauderdale)because
of our commitment to The Florida Keys and unlike other competing advertising agencies, Tinsley has no
other Destination Marketing Organizations (TDCs, CVBs, etc.) on our roster.
We will continue to evolve our campaigns as we have in the past including our responses to Hurricane
Irma and COVID 19 (see timelines, campaigns and case studies on Pg. 186-198 of our proposal).
Our partnership with the destination is important to the agency. We will continue to promote
sustainability and in-county messaging to help protect our local way of life and respect for natural
resources. Our commitment to sustainability and"giving back"will continue by providing pro bono work
for organizations like Coral Restoration Foundation.
We have never targeted day trippers or spring breakers. Instead,we will continue to attract an educated,
affluent traveler who can stay down longer and respect our destination. We will encourage this traveler to
get off the road to see the real Florida Keys as well as get involved in many of the voluntourism
opportunities available to better protect the destination and ultimately, leave the destination better than
they found it.
We have been good stewards of the budget. We have achieved record results in occupancy and room
rates. And,we have been recognized by our peers as the best Destination Marketing Agency in the state
(based on our total number of Flagler Awards accepted on behalf of the destination).
Tinsley Advertising's mission has always been to make tourism economically beneficial to the county
while protecting the quality of life of our residents and our natural resources.
We are pleased to have passed a recent agency review as well as this audit and look forward to continuing
our service to Monroe County.
Thank you.
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