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Item F8 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: MAY 18, 2000 Division: TDC Bulk Item: Yes XXX No Department: N/A AGENDA ITEM WORDING: Approval is requested to advertise Request For Bids for Website Provider Scope of Services. ITEM BACKGROUND: Our current Agreement with FloridaKeys.com for website provider services Expires on September 30,2000. TDC approved same at their meeting of May 3, 2000. PREVIOUS RELEVANT BOCC ACTION: BOCC approved FY 2000 budget at their meeting of September 22, 1999. STAFF RECOMMENDATION: Approval TOTAL COST: BUDGETED: COST TO COUNTY: /TOURIST PAY APPROVED BY: County Attorney ~ OMB/Purchasing~ Risk Managementl$ DIVISION APPROVAL: Lynda M. Stuart (Type/print name) To Follow: Not Required Agenda Item # a.. f8 DOCUMENTATION: Included: X NOTICE OF REQUEST FOR BIDS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN, that on Thursday, June 22nd, 2000, at 3:00 P.M. the Purchasing Office, a committee consisting of the Director of Management and Budget and Purchasing, the County Administrator, the County Attorney, and the TDC Office Manager, or their designees, will open sealed bids for the following: WEB SITE PROVIDER All bids must be received by the Office of Purchasing, 5100 College Road, Public Service Building, Cross Wing, Room 002, Stock Island, Key West, FL 33040, on or before 3:00 P.M. on Thursday, June 22nd, 2000. GENERAL CONDITIONS: The opening committee will automatically reject the bid of any person or affiliate who appears on the Convicted Vendor list prepared by the Department of General Service, State of Florida, under Section 287.133 (3)(d), F,S. (1989), All bidders must submit two (2) signed originals and thirteen (13) complete copies of each bid in a sealed envelope marked on the outside, "Web site Provider". All bids must remain valid for a period of ninety (90) days. Specifications and/or further information may be obtained by contacting the Administrative Office of the Tourist Development Council, (305) 296-1552. The Monroe County Board of County Commissioners (BOCC) reserves the right to reject any or all bids as deemed in the best interest of Monroe County or waive any informality in any bid and may choose to re-advertise. The Monroe County Tourist Development Council (TDC), may, as an advisory body, make recommendations to the BOCC for acceptance or rejection of any and all bids. Contract award will be by the Monroe County Board of County Commissioners to that agency whose bid is deemed by the BOCC, upon recommendation of the Monroe County Tourist Development Council, to be in the best interest of Monroe County, for three (3) years commencing October 1,2000,2000. The contract may be extended for an additional two (2) year _ period beyond the initial award period, subject to written notice of agreement from the County and BIDDER. DATED AT KEY WEST, FL. THIS DAY OF .2000 PURCHASING DEPARTMENT FOR MONROE COUNTY, FL. SCOPE OF SERVICES 1, The Provider shall design, program and maintain host site (the WorldWideWeb) for the County on behalf of the TDC which retains all approvals. 2. The site shall be at least as comprehensive as it currently exists, which includes a home page, TDC district content, special umbrella sections, places to stay, things to do and see, a calendar of events updated weekly, transportation, news releases, and other site categories as deemed appropriate for marketing purposes by the TDC, 3, The Provider must be available to meet with District Advisory Committees, umbrella organizations, agencies of record, TDC board and TDC staff at regular set meetings or upon req uest. 4. The Provider shall understand and agree that the TDC will have editorial control and approval of the site and all contents. All editorial content will be reviewed and approved by the TDC. 5. The Provider shall understand that the TDC along with their agencies of record have the right to provide input into the design and creativity of the site. This shall be done (only) with the TDC office authorization. 6. The Provider shall furnish real time images through the use of web cams at different locations or events in Monroe County. 7. The Provider shall furnish the setup and the capability to download any of the TDC brochures as on-line electronic brochures. These should be in portable document format (PDF) and provide a monthly report on the number of downloads. 8. The Provider shall furnish a list server service's to capture e-mail addresses which is TDC authorized. 9. The Provider agrees to furnish safe guards and backups to protect electronic data and programming from both natural and manmade disasters. 10. The Provider shall, on a quarterly basis, review sites, links, data, efficiencies and results and provide an assessment of services. The provider shall monitor other like destinations for purposes of comparative evaluation by providing audited figures 11. The Provider shall submit the site to all major search engines on a regular basis determined by each of the various search engines submission policies. 12. The Provider shall furnish monthly reports to the TDC which will track the number of user sessions, origin of country, origin of state, most requested pages, top referring URLs, top search engines, top search keywords or phrase, and other requested TDC research reports. 2 Web site Provider RFB 2000 13. The Provider shall have the right to create Internet ads for our tourism industry partners. 14. The Provider must host the site with state of the art equipment connected to high tier of the Internet backbone. 15. The Provider shall guarantee service uptime at over 99%, 16. The Provider should host the site on redundant drives or redundant services. 17. The TDC shall have the sole, and exclusive right to the authorization of sales, merchandising, reservation system or any mode of revenue producing program. 3 Web site Provider RFB 2000 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS BID SUBMISSION The bid form shall be deemed an offer which may be accepted by the BOCC within the time prescribed in the Request for Bids. Bids shall be submitted to the Purchasing Office of Monroe County, Florida, 5100 College Road, Cross Wing, Room 002, Public Service Building, Key West, Florida, 33040, properly signed in ink, and submitted in a sealed envelope on which shall be shown the name of the bidder, bid opening date, and identify submission as indicated on page 1. Bidders shall submit two originals and 13 copies for a total of 15 copies. Each page of items submitted should be properly identified as to the name of bidder, with page numbers. By submitting a bid, the bidder declares that he understands and agrees that this bid, specifications, provisions, terms and conditions of same, shall become a valid contract between the BOCC and the undersigned upon notice of award of bid, subject to written contract. All costs related to the submission of a bid are the sole responsibility of the Bidder. Agencies selected for final consideration may be requested to make a presentation to the TDC. Inability or refusal to make a presentation at the date and place requested shall result in the bidder being removed for further consideration. PRINCIPALS/COLLUSION By submission of this bid, the undersigned, as bidder, does declare that the only person or persons interested in this bid as principal or principals is/or, are named therein and that no person other than mentioned therein has any interest in this bid or in the contract to be entered into; that this bid is made without connection with any person, company or parties making a bid; and that it is in all respects fair and in good faith, without collusion or fraud. BID WITHDRAWAL No bid can be withdrawn after it is filed unless the bidder makes his request in writing to the BOCC prior to the time set for the opening of bids, or unless the BOCC fails to accept it within ninety (90) days after the date fixed for opening bids or unless otherwise indicated on the bid. FINANCIAL STATEMENT Each bid must include a financial statement, completed and certified under oath by an appropriate corporate officer (or independent CPA, if already prepared), LAWS AND REGULATIONS It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. 4 Web site Provider RFB 2000 TAXES The BOCC and TDC are exempt from Federal Excise and State of Florida Sales Tax. FINANCE CHARGES The BOCC and TDC will not be responsible for any finance charges. RELATION OF BOCC/TDC It is the intent of the BOCC and TDC hereto that the successful Bidder shall be legally considered as an independent contractor and that neither he or his employees shall, under any circumstances, be considered servants or agents of the BOCC and TDC, and that the BOCC and .i TDC shall be at no time legally responsible for any negligence on the part of said Bidder, his servants or agents, resulting in either bodily or personal injury or property damage. TERMS All terms, conditions, and provisions of the contract must be strictly observed in addition to the general conditions herein described. EXPENSES INCURRED IN PREPARING BID The BOCC and TDC accept no responsibility for any expenses incurred in the bid, preparation, and presentation, such expenses to be borne exclusively by the bidders. BIDDER RESPONSIBILITY Before submitting his/her bid each bidder shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the bid, and verify any representations made by the BOCC and TDC that the bidder will rely upon. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful bidder from his obligation to comply in every detail with all provisions and requirements of the bid documents, nor will any pleas of ignorance be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the contractor. DISCLOSURE The bidder shall be required to list any and all potential conflicts of interest. The bidder shall disclose all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interests of the BOCC and TDC, CANCELLATION Either party shall at any time have the right to cancel the agreement between the County and bidder upon 60 days written notice with or without cause. GOVERNING LAWNENUE: This agreement shall be governed and construed by and in accordance with the laws of the State of Florida and constitutes the entire agreement between the COUNTY and PROVIDER. Venue for any dispute shall be in Monroe County. 5 Web site Provider RFB 2000 QUALIFICATION OF BIDDERS Each bidder may be required, before the award of any contract, to show to the complete satisfaction of the BOCC and TDC that he has the necessary facilities, ability, and financial resources, to furnish the service as specified herein in a satisfactory manner, and he may also be required to show past history and reference which will enable the BOCC and TDC to satisfy itself as to his qualifications. Failure to qualify according to the foregoing requirements will justify the BOCC and TDC in rejecting his bid. LIABILITY Successful bidder will not be held responsible for failure to complete contract due to causes beyond its control including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, acts of God and similar occurrences making performance impossible or illegal. ASSIGNMENT The bidder(s) shall not assign, transfer, convey, sublet or otherwise dispose of this bid, or of any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company, or corporation without prior written consent of the BOCC. OWNERSHIP All work performed under the contract shall be the property of the BOCC and TDC, for whatever use and/or disposition the BOCC and TDC may deem appropriate. The BOCC and TDC shall have the full right to reproduce and/or use any products derived from the contractor's work under the contract without payment of any royalties, fees, etc. INDEMNIFICATION: The bidder covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the contractor or any of its subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the contractor or its subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the bidder's failure to purchase or maintain the required insurance, the contractor shall be indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the bidder is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 6 Web site Provider RFB 2000 NON-DISCRIMINATION: During the term of this agreement, provider shall comply fully with all applicable federal, state and local laws concerning non-discrimination and, does, by signing this bid, further agree as follows: A) Bidder will not discriminate against any employee, applicant for employment, contractor or other person on the basis of race, color, religion, sex, national origin, sexual orientation, or handicap where the handicap does not affect an individual's ability to perform in a contractual or employment position. B) Bidder shall include the provision of paragraph (A) above in any subcontracts entered for purposes of fulfilling contractor's obligations under this contract. C) Bidder agrees to open its records concerning equal opportunity employment and non- discrimination policies and procedures to County upon reasonable request for inspection during normal working hours PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount 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. ETHICS CLAUSE: The successful bidder shall warrant that no person has been employed or retained to solicit or secure this agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member of the Monroe County government or the TDC has any interest, financially or otherwise, in the agency or its subcontractors. ADDITIONAL INFORMATION Questions regarding these specifications must be in writing and submitted to: Monroe County Tourist Development Council PO Box 866 Key West, FL 33041 Should any questions or responses require revisions to the specifications as originally published, such revisions will be by formal amendment only. 7 Web site Provider RFB 2000 REQUEST FOR BIDS BID SUBMISSION REQUIREMENTS Qualified bidder's interested in providing the services described above are invited to submit a complete bid for consideration. The bid shall address the items listed below. Non-compliance with the list of requested items will be sufficient cause for non-acceptance of the bid. 1. Company Data A. Name and address of the company as authorized to do business in Florida, and the contact individual or corporate officer authorized to execute contracts. B. Briefly describe the company date of establishment, ownership, and organizational structure, C. Describe the facilities of the company. D. Client references. 2, Company Experience A. List current accounts and the type of services rendered. B. Explain any extra features to the company that would benefit Monroe County tourism. 3. Service Capability to Monroe County A. Location of the closest office available in or to Monroe County. B. Identify individuals who would be assigned to the Monroe County account and describe their functions and percentage of their time on our account. C. Will the company agree to not represent any other tourism destination which may conflict with Monroe County's efforts (City, County)? 4. Fee Structures TDC is open to proposals which are fee simple, sales based or combinations which result in services provided at lowest cost to Monroe County Tourist Development Council. 5. Company Presentations The company shall give both the written proposal presentation and give an oral and visual presentation to the Monroe County Tourist Development Council if chosen as one of the finalists. The company shall submit within their written proposal that they will be able to complete all the Scope of Services requirements in the RFB. Add any other feature or service that may benefit the Monroe County Tourist Development Council. INSURANCE: In accordance with Attachment "A". DRUG FREE WORKPLACE: See Attachment "A", page 6. 8 Web site Provider RFB 2000 CRITERIA FOR SELECTION: 1, Compliance with all proposal submission requirements 2. Responsiveness of proposal to the scope of services (written presentation) 3. Experience of proposing company 4. Qualifications of company principals, staff to be assigned and depth of staff experience 5. Facilities of the proposing agency 6. Client references 7. Fee structure and alternative compensation (rate structure) or methods of handling account requirements 8, Oral and visual presentation SUBMISSION DEADLINE: Respondents shall submit fifteen (15) sealed completed copies of their bid to the Director of Purchasing. Bids shall not be accepted after 3:00 P.M. on Thursday, June 22nd, 2000. Respondents selected by the BOCC and TDC shall be prepared to present their bids before the BOCC and TDC with final approval to be made by the BOCC. If you have any questions regarding the Request for Bid(s), contact the Administrative Office of the Tourist Development Council at: Monroe County Tourist Development Council PO Box 866 Key West, FL 33041 Should any questions or responses require revisions to the specifications as originally published, such revisions will be by formal amendment only. 9 Web site Provider RFB 2000 ~TT~C~NT A I '191i :::-~:::on RISK MA:'i.-\GEl\lE~T POLICY AND PROCEDURES COl'iTR-\CT ADMINISTR-\ TION t'vL-\J.'iU AL General Insurance Requirements for Other Contractors and Subcontractors As a pre-requisice of (he \yorK governed, or G1e goods supplied uIlder G1is contracc (including the pre-s~aging of personnel and material), the Contractor shall obtain, at his/her O\'YTI expense, insurance as specified in any accached schedules, which are made part of L.1is contract Tne Contractor will ensure that tJ.1e insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent \Vith the attached schedules. The Contractor will not be permitted to commence work. governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays In the commencement 0 f work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date an.d thue, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract: and any extensions specified in the attached schedules. Failure to comply with this provision may result in the imrnediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the . Contractor to maintain the required insurance shall not extend deadlines specified in this contract: and any penalties and failure to perform assessments shall be imposed as if the work. had not been suspended, except for the Contractor's failure to maintain the required insurance. Tae Conrractor shan provide, to t.1.e County, as satisfactory evidence of the required insura."1ce, either: . Certificate of Insurance or A Certified copy of the actual insurance policy. The County, at its sole option, has the righc to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thire;; (30) days prior notifLcatior. is given co the Councy by the insurer. The accepco.nce and/or aoproval of the Contr2.ctor's insurance shall not be construed as reLieving: the Con~accor from any'liability or obLigation assumed under this contract or imposed by la'.v.- :;\dmiC1istr<ltioC1 [C1structioC1 #~ 709.3 ~ . 199'; ~::t;C~ Th~ Monroe County Board of County Commissioners, its employees and officic:ds \vill be included as "Additional Insured" on all policies, except for Workers' Compensation. MV deviations from these General Insurance Requirements must be requested in '.'<TIeing on the Co~nty prepared form entitled "Request for Waiver ofInsurance Requirements" and approved by Monroe Couney Risk Management. ,'\dministr:J.tton [nstruction #4709.J 2. t 996 =~:(:cn GENERA.L LIABILITY INSUR~NCE REQUIREMENTS FOR CONTR~CT BET\VEEN MONROE COuNTY, FLORlDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Gen~ral Liability Insurance. Coverage shall be maintained throughout u.'le life of the contract and include, as a minimwn: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded DefInition of Property Damage The minimwn limits acceptable shall be: 51,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: 5 500,000 per Person S 1,000,000 per Occurrence 5 100,000 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 contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLJ Adminis:rat:on (nstructton "';4.i09.J J ...) . SWORN' STATEMENT UNDER ORDrNANCE NO. 10-1990 MONROE COUNTY. FLORlDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employe_~:_- (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE tvIE, the undersigned authority, who, after first being sworn by me, affixed histber signature (name of individual signing) in the space provided above on this day of ,19_ NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 4 . NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that; 1) I am Proposal for the project described as follows: , the bidder making the 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as . to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor, and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. STATE OF (Signature of Bidder) COUNTY OF DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of J 19 My commission expires: NOTARY PUBLIC OMS - MCP FORM #1 5 . DRUG-FREE WORKPLACE FORi'\1 The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: (Name of Business) t. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions chat will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are unde~-bid a copy of the statement specified in subsection ( I). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid. the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature Date 6.