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Item D6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: APRIL 16, 2009 Division: TDC Bulk Item: Yes ~ No Department: Staff Contact PersonlPhone #:Maxine Pacini - 296-1552 AGENDA ITEM WORDING: Approval to advertise a Request for Proposal for a Gay & Lesbian Visitor Information Services for the Monroe County Tourist Development Council: District I - encompassing the city limits of Key West. ITEM BACKGROUND: TDC approved same at their meeting of March 10, 2009 Current Agreement expires on September 30,2009. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: N/ A BUDGETED: Yes -K-No COST TO COUNTY: SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNTPERMONTH_ Year APPROVED BY: County Atty -2L OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 NOTICE OF REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on June 18.2009 at 3:00 P.M. at the Monroe County Purchasing Office, the Board of County Commissioners of Monroe County, Florida, will open sealed proposals for the following: GAY & LESBIAN VISITOR INFORMATION SERVICES FOR mE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL: DISTRICT I - ENCOMPASSING THE CITY LIMITS OF KEY WEST RFP- TDC- -PUR/CV Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR http://www.co.monroecountv-f1.20v/pal!.es/msd/bids.htm or call toll-free at 1- 800-711-1712. The Public Record is available at the Purchasing Office located at the Gato Building, 1100 Simonton Street, Key West, FL 33040. All questions should be directed to the Administrative Office of the Tourist Development Council by phoning (305) 296-1552. Any addenda to this Request for Proposals (RFP) shall be distributed to vendors on the list of DemandStar distributees for this RFP. Respondents must submit two (2) signed originals and three (3) complete copies of the proposal (total = 5) in a sealed envelope clearly marked on the outside, with the Proposer's name and "Sealed Proposal In Response to Request for Proposals for a Fishing Umbrella for Monroe County Tourist Development Council" addressed to: Monroe County Purchasing Office 1100 Simonton Street, Room 1-213 Key West, FL 33040 Phone: (305) 292-4466 Fax: (305) 292-4465 All proposals must be received by the County Purchasing Office before 3:00 P.M. on June 18, 2009. Any proposals received after this date and time will be automatically rejected. Materials may be delivered by Certified Mail, Return Receipt Requested, hand-delivered or couriered. Faxed or e-mailed proposals will be automatically rejected. Hand delivered Proposals may request a receipt. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the Monroe County Purchasing Office at the address stated above. Proposers should be aware that certain "express mail" services will not guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each Proposer to ensure its proposal is received in a timely fashion. Monroe County's performance and obligation to pay under this contract IS contingent upon an annual appropriation by the Board of County Commissioners. All submissions must remain valid for a period of ninety (90) days from the date ofthe deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of Management Services, State of Florida, under Sec. 287.133(3 X d), Florida Statutes (1997). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. The recommendation, including a contract, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise in the best interest of the County. The Board reserves the right to reject any and all proposals, to waive informalities in any or all proposals, to re-advertise for proposals; and to separately accept or reject any item or items and to award and/or negotiate a contract in the best interest of the County. Dated at Key West this _day of April, 2009. DAC I Gay & Lesbian VIS Request for Proposal - 2009 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSALS GAY & LESBIAN VISITOR INFORMATION SERVICES FOR THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL: DISTRICT I - ENCOMPASSING THE CITY LIMITS OF KEY WEST MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Ms. Rita Irwin Ms. Ronnie Harris Mr. Lou Hernandez Mr. Jay Marzella Mayor Morgan McPherson Mayor George Neugent Mr. Frank Rego Mr. Freddy Varela Mr. Douglas Wright Marketing Director Harold Wheeler All responses submitted to this solicitation should be addressed to and received no later than 3:00 p.m. on June 18, 2009 at: Purchasing Monroe County, Florida 1100 Simonton Street, Room 1-213 Key West, Florida 33040 Attention: REQUEST FOR PROPOSALS: FISHING UMBRELLA DAC I Gay & Lesbian VIS Request for Proposal - 2009 2 TABLE OF CONTENTS Page SECTION ONE Instruction to Respondents 4 SECTION TWO General Terms and Conditions 10 SECTION THREE Terms and Conditions Specific to District 1 Gay & Lesbian VIS 12 SECTION FOUR Draft Contract 14 SECTION FIVE Insurance Requirements 24 SECTION SIX County Response/Bid Forms 26 DAC I Gay & Lesbian VIS Request for Proposal - 2009 3 SECTION ONE INSTRUCTION TO RESPONDENTS 1.01 DESCRIPTION The Respondent awarded a contract shall provide Gay & Lesbian Visitor Information Services which promote gay and lesbian tourism for the Monroe County Tourist Development Council: District I- encompassing the City Limits of Key West. 1.02 COPIES OF BIDDING DOCUMENTS A. Only complete sets of Bidding Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Bidding Documents may be obtained in the manner and at the location stated in the Notice of Request for Proposals. 1.03 PROPOSAL REQUIREMENTS Two (2) original responses marked "Original" and thirteen (13) copies marked "Copy" [fifteen (15) complete packages] of the proposal setting forth qualifications must be received. 1.04 DISQUALIFICATION OF RESPONDENTS A. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the bidders, the bid or proposals of all participants is such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC RESPONDENT CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public Respondent crime may not submit a bid on a contract to provide any goods or services to a public Respondent, may not submit a bid on a contract with a public Respondent for the construction or repair of a public building or public work, may not submit bids on leases or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public Respondent, and may not transact business with any public Respondent in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. 1.05 EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the DAC I Gay & Lesbian VIS Request for Proposal - 2009 4 contract. Ignorance on the part of the CONTRACTOR will in no way relieve him of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the COUNTY. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent/Bidder as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective Respondents/Bidders prior to the established bid opening date. Each RespondentlBidder shall acknowledge receipt of such addenda in the space provided therefore in the bid form. In case any RespondentlBidder fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each RespondentlBidder will be bound by such addenda, whether or not received by him. It is the responsibility of each RespondentlBidder to verify that he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent/Bidder is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. 1.08 PREPARATION OF RESPONSES Signature of the Respondent/Bidder: The RespondentlBidder must sign the response forms in the space provided for the signature. If the Respondent/Bidder is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent/Bidder is a corporation, the title of the officer signing the bid on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the bid must be submitted. The Respondent/Bidder shall state in the response the name and address of each person interested therein. 1.08.1 SUBMISSION OF RESPONSES A. Two (2) signed originals and thirteen (13) copies of each response (total = 15) shall be submitted. B. The response shall be submitted in a sealed envelope, which shall be marked so as to clearly indicate its contents and the name of the Respondent/Bidder. If forwarded by mail, the above-mentioned envelope shall be enclosed in another envelope addressed to the Monroe County Purchasing Office at the address stated in the Notice of Request for Proposals, and preferably by special delivery, registered mail; if forwarded otherwise than by mail, it shall be delivered to the same address. Responses will be received until the date and hour stated in the Notice of Request for Proposals. DAC I Gay & Lesbian VIS Request for Proposal - 2009 5 C. Each Respondent/Bidder shall submit with his bid the required evidence of his qualifications and experience, as outlined in Article 1.09. 1.09 CONTENT OF SUBMISSION The proposal submitted in response to this RFP shall be typed on 8-1/2" x 11" white paper and bound; shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized and sections tabbed. The Respondent/Bidder should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent/Bidder must submit adequate documentation to certify the Respondent/Bidder's compliance with the County's requirements. Respondent/Bidder should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent/Bidder's overall evaluation. The following information, at a minimum, shall be included in the Submittal: A. Cover Pa2e A cover page that states "REQUEST FOR PROPOSALS FOR DISTRICT I GAY & LESBIAN VISITOR INFORMATION SERVICES." The cover page should contain Respondent/Bidder's name, address, telephone number, and the name of the Respondent/Bidder's contact person. B. Tabbed Sections Tab 1. Respondent/Bidder's approach to this project The Respondent/Bidder shall provide a history of the firm or organization, its mission, and how it sees the mission of the contract to be awarded pursuant to this RFP process. How will the Respondent/Bidder converge the mission of itself and the mission of the contract? Tab 2. Narrative Self-Analysis Respondent/Bidder shall provide a narrative self-analysis of its strengths, weaknesses, and how each will impact the performance of the contract. Tab 3. References Each Respondent/Bidder shall provide at least two (2) references, preferably of Florida local government, accounts for which the Respondent has provided the same or similar services during the past three (3) years. Each reference shall include, at a minimum: Name and full address of reference organization Name of Contact person for contract Telephone number( s ) Date of initiation of contract with reference Brief surnrnary comparing the referenced services to these proposed services DAC I Gay & Lesbian VIS Request for Proposal - 2009 6 Tab 4. Accounting and bookkeeping procedures Respondent/Bidder shall account for all revenues and expenses related to the provision of services under this Agreement pursuant to generally accepted accounting principles. Tab 5. Gay & Lesbian Visitor Services Respondent/Bidder shall provide a listing of visitor information services, with specific descriptions that will be offered under the Agreement. Tab 6. Staffing a) Respondent/Bidder shall include a list of the proposed staff positions that will provide the work required if awarded this contract. The listing shall include any staff who shall provide services as well as any committee which will be established to review, evaluate and make recommendations regarding the services, as more fully described in Section Three of the RFP. b) List the total number of staff and list the number and type of minorities, using the Federal definitions, included in the staff. Tab 7. Pending Litigation The Respondent/Bidder shall describe any pending litigation in which the Respondent/Bidder is involved as a result of provision of any services which are described herein. Tab 8. County bid forms Respondent/Bidder shall complete and execute the bid forms specified below and found at the designated pages in this RFQ, and shall include them in the section tabbed 11: Response Form Non-Collusion Affidavit Ethics Clause Drug Free Workplace Pages 27 28 29 30 Copies of all professional and occupational licenses shall be included in this section. Tab 9. Other Information Provide any additional information which will present evaluators with insight about the qualifications, fitness and abilities of Respondent/Bidder. 1.10 MODIFICATION OF RESPONSES A. Written modification will be accepted from Respondent/Bidders if addressed to the Respondent and address indicated in the Notice of Request for Proposals and received prior to bid due date and time. DAC I Gay & Lesbian VIS Request for Proposal- 2009 7 B. A Respondent/Bidder may modify his response by telegraphic communication at any time prior to the scheduled closing time for receipt of responses, provided such telegraphic communication is received prior to the closing time, and provided further, the COUNTY is satisfied that a written confIrmation of the telegraphic modification over the signature of the respondent/bidder was mailed prior to the closing time. The telegraphic communication should provide the addition or subtraction or other modification. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification. 1.11 RESPONSIBILITY FOR RESPONSE The Respondent/Bidder is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.12 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened and read aloud at the appointed time and place stated in the Notice of Request for Proposals. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondent/Bidders or their authorized agents are invited to be present. 1.13 DETERMINATION OF SUCCESSFUL RESPONDENT/BIDDER The COUNTY reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the COUNTY. Responses which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the instruction to Respondent/Bidders, and the contract documents, may be rejected at the option of the COUNTY. 1.14 AWARD OF CONTRACT A. The COUNTY reserves the rights to award separate contracts for each service area and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. If responses are found to be acceptable by the OWNER, written notice will be given to the selected Respondent/Bidder(s) of the award of the contract(s). B. If the award of a contract is annulled, the COUNTY may award the contract to another Respondent/Bidder or the work may be re-advertised or may be performed by other qualified personnel as the COUNTY decides. C. A contract will be awarded to the Respondent/Bidder deemed to provide the services which are in the best interest of the COUNTY. D. The COUNTY also reserves the right to reject the response of a Respondent/Bidder who has previously failed to perform properly or to complete contracts of a similar nature on time. E. All responses, including the recommendations of the TDC, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. DAC I Gay & Lesbian VIS Request for Proposal- 2009 8 1.15 EXECUTION OF CONTRACT The Respondent/Bidder to whom a contract is awarded will be required to return to the County four (4) executed counterparts of the prescribed contract together with the required certificates of insurance. 1.16 INSURANCE The Contractor shall defend, indemnify and hold harmless the County as outlined on the attached form on page 25. 1.17 PREFERENCE When reviewing responses, preference will be given to business entities or individuals residing and doing business within the geographical limits of Monroe County, Florida. DAC I Gay & Lesbian VIS Request for Proposal - 2009 9 SECTION TWO GENERAL TERMS AND CONDITIONS 2.01 DEFINITIONS Wherever used in these General Conditions or in the other contract documents the terms below have the meanings indicated which are applicable to both the singular and plural thereof. The use of the terms "he," "hirn," "himself," or "his" shall refer to male and female persons alike and should not be construed as derogatory or discriminatory to female persons. Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding documents or the contract documents. Bidding Documents - The advertisement or invitation calling for qualifications, instructions, and forms contained in this Request for Proposals (Response Form, Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause, Drug Free Workplace) and the proposed contract documents (including all addenda issued prior to receipt of responses). Contract Documents - The bid documents, Agreement, addenda (which pertain to the contract documents), the Contractor's proposal or response (including documentation accompanying the response and any post-response documentation submitted prior to the notice of award) when attached as an exhibit to the Agreement, these General Conditions, together with all amendments, modifications, and supplements. Contract Price - Successful bidder will be considered an Advisory Committee to make recommendations on the expenditure of TDC generic Fishing Umbrella allocations and as such shall receive no remuneration for such activities. Contract Time - The Contract shall be in force and binding on the County and the Contractor for a period of three (3) years with an option extend for one additional two (2) year period from the effective date of the Agreement. Contractor - The person, firm, or corporation with whom the County has entered into the Agreement. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award - The written notice to the apparent successful bidder stating that upon compliance by the apparent successful RespondentlBidder with the conditions precedent enumerated therein, within the time specified, the County will sign and deliver the Agreement. Owner - The Monroe County Board of Commissioners with whom the Contractor has entered into the Agreement and for whom the work is to be provided. Specifications - Those portions of the contract documents consisting of written technical descriptions of materials and services required under the contract. DAC I Gay & Lesbian VIS Request for Proposal - 2009 10 Written Amendment - A written amendment of the contract documents, signed by the County and the Contractor on or after the effective date of the Agreement. 2.02 CONTRACTOR'S RESPONSIBILITIES 2.02.1 Supervision and Personnel The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract documents. 2.02.2 Parts, Materials and Equipment Unless otherwise specified in the contract, the Contractor shall furnish and assume full responsibility for all services, materials, equipment, labor, transportation, machinery, tools, and all other incidentals necessary for the completion of the work. 2.02.3 Records The Contractor shall record maintenance activities in a maintenance log, which shall contain all pertinent information. Contractor shall be required to maintain records pertaining to the contract for five (5) years after the termination of the contract. 2.02.4 Taxes The Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by the Contractor in accordance with the laws and regulations of the place of the project which are applicable during the performance of the work. 2.02.5 Compliance with Laws The Contractor shall comply with all applicable laws and regulations of federal, state and local governments. 2.02.6 Failure to Execute Required Forms Failure to execute the required forms shall result in the Respondent being disqualified and its response will be rej ected. DAC I Gay & Lesbian VIS Request for Proposal - 2009 I I SECTION THREE SPECIFICATIONS, SPECIFIC CONDITIONS RE GA Y & LESBIAN VISITOR INFORMATION SERVICES FOR DISTRICT I The TDC is seeking an organization to provide Visitor Information Services which promote gay and lesbian tourism for District I of the Monroe County Tourist Development Council which encompasses the city limits of Key West. Respondent shall provide Gav and Lesbian VISitor Information Services for the County as described below: a. Provider shall provide and maintain at least one (1) toll free phone number at their own cost which may be used as a call to action number for TDC gay and lesbian marketing and to field visitor phone inquiries. Provider shall respond to all telephone inquiries from said toll-free number with general information about the destination and Monroe County. b. The Provider shall respond to all visitor inquiries (telephone, e-maillweb and in-person walk- ins) for the benefit of the destination as a whole, and not just for the benefit of the Provider, or members of the Provider's organization, nor discriminate against members. i) Provider shall use an approved standard template when responding to visitor emails/webinquiries.Said template shall include a link to visit the TDC official website (www.fla-kevs.com).theTDCofficiallogo.alink to signup for a Gay & Lesbian eNewsletter via the provider's web site and a link to download an electronic version of the brochure used in VIS mail fulfillment via the provider's web site (if mail fulfillment is provided). The template may also include Provider's logo and a link to Provider's website. c. The Provider shall give the TDC official website address www.fla-keys.com. or its Gay and Lesbian info page www.fla-keys.com/gay. as the first response for a destination web site and shall introduce the official TDC web site to all caller and email enquirers as a source for further information on the destination. This provision shall not preclude Provider from introducing their own web site as a secondary source of information. d. The Provider shall provide Visitor Information Services to visitors or enquirers calling into, emailing, or walking into the facility Monday through Saturday, 9:00a.m. to 5:00 p.m., with the exception of Christmas Eve Afternoon, Christmas Day; New Years Day; President's Day, Memorial Day; Easter, July 4th Day; Labor Day and Thanksgiving Day. i) Provider shall provide voice mail, answering machine or similar procedures to capture visitor inquiries during off hour operations or call overflow. e. The Provider shall provide the TDC with monthly reports on visitor inquiries that include the total number of visitor inquiries received via phone calls and top 10 origin states of phone callers; total number of visitor inquiries received via email; and media ad responses. f. The Provider shall provide and maintain a website at their own cost for gay and lesbian visitor information; including gay and lesbian accommodations and attractions within the destination, a link to the TDC website and the TDC official logo. The web site shall be available 24 hours a day, Monday through Sunday, with the exception of required outages for site maintenance and upgrades. DAC I Gay & Lesbian VIS Request for Proposal- 2009 12 i) Provider shall maintain an online survey of web site visitors. A link to the survey shall be placed on the home page. The survey shall record and capture visitor market research data; including visitor state or county of origin, gender, age, education, income, length of stay, month of planned visit, type of accommodation desired, accommodation cost range sought, planned activities, planned travel group, travel method, past visitation to Key West and other destinations in consideration. Provider shall provide TDC with a monthly report of aggregate visitor response to online survey questions. ii) Provider shall provide visitors with a method to opt into to a Gay and Lesbian eNewsletter on said website. Provider shall record all email address of visitors who opt in to the eNewsletter to a database. Provider shall provide email addresses to the TDC on a monthly basis. iii) Provider shall provide visitors with an option to download on their website an electronic version of the brochure used for VIS mailfulfillment if mail fulfillment is provided. iv) Provider shall track data on visitation to the web site; including total sessions, total pageviews, top pages viewed, top referral pages and top referral search engines. Provider shall provide these web site visitation statistics to the TDC on a monthly basis. g. Provider may produce collateral material for gay and lesbian visitors and provide mail fulfillment of said material internally or via subcontract. The Provider shall retrieve and record all information required for callers or email inquiries resulting in mail fulfillment requests; which includes the name, address, ZIP code and telephone number or e-mail address (when provided) of the caller. i) The Provider shall prepare labels, place labels on envelopes, place approved collateral material in envelopes, place first class postage and deliver fulfillment to the post office. The Provider shall use their own collateral material and/or local gay/lesbian industry materials as mail fulfillment. Provider shall provide the TDC with a copy of any collateral materials used for mail fulfillment for their records. ii) The Provider shall provide their own telephone line(s), collateral material, mail fulfillment envelopes/packaging, postage, postage equipment, computer equipment and staff to provide said service. No additional funding shall be provided by the TDC for fulfillment of these contractual services. Provider shall provide said within the agreed upon annual administrative fee or provide at own cost. h. Provider is prohibited from distributing visitor name and address information recorded via visitor collateral requests to third parties without the express verbal or written consent of the visitors. Provider shall at all times comply with the Telecommunications Act, relevant Postal Regulations or other regulations regarding third party mail distribution. The Provider shall have and maintain a binding agreement to hold harmless and indemnify the County from any claims of liability, identify theft, bodily harm, loss of life, losses and causes of action which may arise out of or as a result of the distribution of visitor information by the Provider to a third party. I. The Visitor Information Service program is subject to review and periodic change by the Monroe County Tourist Development Council. Any significant change resulting in substantial costs and/or time in the scope of services requires the written and signed consent of both parties. DAC I Gay & Lesbian VIS Request for Proposal - 2009 13 SECTION FOUR DRAFT CONTRACT THIS AGREEMENT, entered this day of , 2009, by and between the (hereinafter "Provider"), and the Board of County Commissioners of Monroe County (hereinafter "County"). WHEREAS, Provider is qualified to provide Visitor Information Services which promote gay and lesbian tourism, and WHEREAS, the Tourist Development Council (TDC) has recommended to COUNTY that Provider be awarded a contract for Visitor Information Services which promote gay and lesbian tourism, and WHEREAS, the TDC wishes to enter into this Agreement for Visitor Information Services which promote gay and lesbian tourism with the Provider, 1. Scope of Services: a. Provider shall provide and maintain at least one (1) toll free phone number at their own cost which may be used as a call to action number for TDC gay and lesbian marketing and to field visitor phone inquiries. Provider shall respond to all telephone inquiries from said toll-free number with general information about the destination and Monroe County. b. The Provider shall respond to all visitor inquiries (telephone, e-mail/web and in-person walk- ins) for the benefit of the destination as a whole, and not just for the benefit of the Provider, or members of the Provider's organization, nor discriminate against members. c. Provider shall use an approved standard template when responding to visitor emails/web inquiries. Said template shall include a link to visit the TDC official website (www.fla- keys.com), the TDC official logo, a link to signup for a Gay & Lesbian eNewsletter via the provider's web site and a link to download an electronic version of the brochure used in VIS mail fulfillment via the provider's web site (if mail fulfillment is provided). The template may also include Provider's logo and a link to Provider's website. d. The Provider shall give the TDC official website address www.fla-keys.com. or its Gay and Lesbian info page www.fla-keys.com/gay. as the first response for a destination web site and shall introduce the official TDC web site to all caller and email enquirers as a source for further information on the destination. This provision shall not preclude Provider from introducing their own web site as a secondary source of information. e. The Provider shall provide Visitor Information Services to visitors or enquirers calling into, emailing,orwalking into the facility Monday through Saturday, 9:00a.m. to 5:00 p.m., with the exception of Christmas Eve Afternoon, Christmas Day; New Years Day; President's Day, Memorial Day; Easter, July 4th Day; Labor Day and Thanksgiving Day. f. Provider shall provide voice mail, answering machine or similar procedures to capture visitor inquiries during off hour operations or call overflow. DAC I Gay & Lesbian VIS Request for Proposal - 2009 14 g. The Provider shall provide the TDC with monthly reports on visitor inquiries that include the total number of visitor inquiries received via phone calls and top 10 origin states of phone callers; total number of visitor inquiries received via email; and media ad responses. h. The Provider shall provide and maintain a website at their own cost for gay and lesbian visitor information; including gay and lesbian accommodations and attractions within the destination, a link to the TDC website and the TDC official logo. The web site shall be available 24 hours a day, Monday through Sunday, with the exception of required outages for site maintenance and upgrades. I. Provider shall maintain an online survey of web site visitors. A link to the survey shall be placed on the home page. The survey shall record and capture visitor market research data; including visitor state or county of origin, gender, age, education, income, length of stay, month of planned visit, type of accommodation desired, accommodation cost range sought, planned activities, planned travel group, travel method, past visitation to Key West and other destinations in consideration. Provider shall provide TDC with a monthly report of aggregate visitor response to online survey questions. J. Provider shall provide visitors with a method to opt into to a Gay and Lesbian eNewsletter on said website. Provider shall record all email address of visitors who opt in to the eNewsletter to a database. k. Provider shall provide email addresses to the TDC on a monthly basis. I. Provider shall provide visitors with an option to download on their website an electronic version of the brochure used for VIS mail fulfillment if mail fulfillment is provided. m. Provider shall track data on visitation to the web site; including total sessions, total page views, top pages viewed, top referral pages and top referral search engines. Provider shall provide these web site visitation statistics to the TDC on a monthly basis. n. Provider may produce collateral material for gay and lesbian visitors and provide mail fulfillment of said material internally or via subcontract. The Provider shall retrieve and record all information required for callers or email inquiries resulting in mail fulfillment requests; which includes the name, address, ZIP code and telephone number or e-mail address (when provided) of the caller. i) The Provider shall prepare labels, place labels on envelopes, place approved collateral material in envelopes, place first class postage and deliver fulfillment to the post office. The Provider shall use their own collateral material and/or local gay/lesbian industry materials as mail fulfillment. Provider shall provide the TDC with a copy of any collateral materials used for mail fulfillment for their records. ii) The Provider shall provide their own telephone line(s), collateral material, mail fulfillment envelopes/packaging, postage, postage equipment, computer equipment and staff to provide said service. No additional funding shall be provided by the TDC for fulfillment of these contractual services. Provider shall provide said within the agreed upon annual administrative fee or provide at own cost. o. Provider is prohibited from distributing visitor name and address information recorded via visitor collateral requests to third parties without the express verbal or written consent of the visitors. Provider shall at all times comply with the Telecommunications Act, relevant Postal DAC I Gay & Lesbian VIS Request for Proposal - 2009 15 Regulations or other regulations regarding third party mail distribution. The Provider shall have and maintain a binding agreement to hold harmless and indemnify the County from any claims of liability, identify theft, bodily harm, loss of life, losses and causes of action which may arise out of or as a result of the distribution of visitor information by the Provider to a third party. p. The Visitor Information Service program is subject to review and periodic change by the Monroe County Tourist Development Council. Any significant change resulting in substantial costs and/or time in the scope of services requires the written and signed consent of both parties. 2. Term: The term of the agreement is for a period of three years commencing on October 1, 2009 and terminating on September 20, 2012. The County has an option to extend this agreement for two (2) additional years. 3. Compensation: Provider shall charge $ ($) dollars as an annual administration fee to cover costs outlined in scope of services. Payment will be made in monthly installments of $ ($ ). The Board of County Commissioners and the Tourist Development Council 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 Provider upon presentation of invoices, and other documentation necessary to support a claim for reimbursement. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC. 4. Records - Access and Audits: The Provider shall maintain adequate and complete records to justify all charges, expenses and costs incurred in performing the work for at least three (3) years after completion of this agreement. The County shall have access to such books, records, and documents concerning the contracted services. The access to and inspection of such books, records, and documents by the County shall occur at any reasonable time. Provider understands that it shall be responsible for repayment of any and all audit exceptions identified by County. Any current or subsequent contract awards will be offset by the amount of any audit exceptions. In the event there are not funds still held by County for a contract award, the amount of audit exception shall be billed to Provider who shall promptly pay same. 5. Independent Contractor Relationship: The Provider, is and shall be, in the performance of all works, services, and activities under this agreement, an independent contractor and not an employee, agent or servant of the County. The Provider shall exercise control, direction, and supervision over the means and manner and personnel in which it and its employees perform the work. In all respects, the "Provider's" relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the county. Moreover, the Provider shall have no authority whatsoever to act on behalf and/or as agent for the County in any promise, agreement, or representation other than specifically provided for in this agreement. The County shall at no time be legally responsible for any negligence on the part of said contractor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, form, or corporation. 6. Modification: Additions to, modification to, or deletions from the Scope of Work and/or costs of work set forth in this contract may be made only by amendment to this agreement DAC I Gay & Lesbian VIS Request for Proposal- 2009 16 which must be approved in writing by the County. No modification shall become effective without written approval of County. 7. Breach and Penalties: The parties agree to full performance of the covenants contained in this contract, and the County reserves the right at its discretion, provided any breach is material, to terminate the services in this contract for any misfeasance, malfeasance or nonperformance of the contract terms or negligent performance of the contract terms by Provider. Any waiver of any breach of covenants herein contained shall not be deemed to be a continuing waiver and shall not operate to bar the County from declaring a forfeiture for any succeeding breach either of the same conditions or covenants or otherwise. 8. Insurance: The Provider shall maintain the following required insurance throughout the entire term of this contract 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 from the failure of the Provider to maintain the required insurance shall not extend any 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 Provider's failure to maintain the required insurance. The Provider 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 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 thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Provider's insurance shall not be construed as relieving the Provider from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing from the COUNTY. Such requests shall be prepared from the County's form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. A Prior to the commencement of work governed by this contract the PROVIDER shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Provider shall obtain Employers' Liability Insurance with limits of not * less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-V1, as assigned by the AM. Best Company. DAC I Gay & Lesbian VIS Request for Proposal - 2009 17 B. Prior to the commencement of work governed by this contract, the PROVIDER shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations and Contents · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) 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 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. 9. Indemnification and Hold Harmless: The Provider shall indemnify and hold harmless the County, their departments, agencies, officials, employees, agents, servants and contractors, against any claims, liabilities and expenses (including reasonable attorney's fees) arising as a result of any direct and/or indirect action of Provider, its employees, agents, servants and/or contractors in the performance of the terms of this agreement or otherwise related to activity conducted in the furtherance of this agreement except to the extent that, in the case of any act of negligence, Provider reasonably relied upon material supplied by the County or any employee of County. Provider shall immediately give notice to County of any suit, claim or action made against Provider that is related to any activity under this agreement and will cooperate with the County in the investigation arising as a result of any suit, claim or action related to this agreement. 10. Permits: The Provider shall secure all required permits, and/or licenses necessary for this project. 11. Laws and ReQulations: 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. 12. Taxes: The County s exempt from Federal, Excise and State of Florida Sales Tax. 13. Finance CharQes: The County will not be responsible for any finance charges. 14. Severability: If any provision of this contract shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this contract, or the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of this contract shall be valid and enforceable to the fullest extent permitted by law. DAC I Gay & Lesbian VIS Request for Proposal - 2009 18 15. Force Maieure: The Provider shall not be liable for delay in performance or failure to perform in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its sub-providers or suppliers, including labor dispute, strike, labor shortage, war or act or war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought, or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the Provider has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of the agreement. The Provider shall notify the TDC of any delay or failure to perform within five (5) days of such action. Upon demand of TDC, the Provider, must furnish evidence of the causes of such delay or failure. The Provider shall not resume its performance hereunder unless provided for in the Scope of Services. 16. Assiqnment: Provider shall not assign, transfer, sublease, pledge, hypothecate, surrender, or otherwise encumber of dispose of this contract or any estate created by this contract or any interest in any portion of the same, or permit any other person or persons, company or corporation to perform services under this contract without first obtaining the written consent of the County. In the event of such consent, this agreement shall be binding upon the Provider's successors and assigns. 17. Disclosure: The Provider shall be required to list any or all potential conflicts of interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinances. The Provider shall disclose to the County all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the County. 18. Advertisinq: Prior to any advertising, publicity, or promotional materials initiated by the Provider relating to the services under this agreement, the Provider shall obtain prior written approval regarding said promotional material for the TDC before such material can be released. Materials shall be presented to the TDC for approval and shall be returned to the Provider in a timely manner. All promotional material related to services under this agreement shall only include references to Monroe County tourism and each mailing package must include the official Monroe County TDC Gay and Lesbian brochure. 19. Additional Conditions: Provider agrees to accept additional conditions governing the use of funds or performance of work as may be required by federal, state or local statute, ordinance or regulation or by other policy adopted by County. Such additional conditions shall not become effective until Provider has been notified in writing and no such additional conditions shall be imposed retroactively. 20. Independent Professional Judqment: Provider shall at all times exercise independent professional judgment and shall assume full responsibility for the service to be provided and work to be completed. 21. Care of Property: The Provider shall be responsible to the County for the safekeeping and proper use of the property entrusted to Provider's care, to include any and all insurance for the value of the equipment and any maintenance or service contracts relating to such equipment for its service life. 22. Ethics Clause: The Firm warrants that no person has been employed or retained to solicit or secure this contract upon an Agreement or understanding for a commission, percentage, DAC I Gay & Lesbian VIS Request for Proposal - 2009 19 brokerage, or contingent fee and that no member of the Monroe County government or the TDC has any interest, financially or otherwise, in the Firm or its subcontractors. 23. Notice: Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other party as follows: For Provider: For Monroe County TDC: Ms. Lynda Stuart 1201 White Street Suite 102 Key West, FL 33040 County shall give notice to Provider of any meetings on which is an agenda item pertaining to telemarketing. Said notice shall be given so that provider has ample time to make travel arrangements for an Executive Board member to attend the meeting. 24. Termination: Termination of this agreement shall occur at the natural ending date or earlier should either party terminate with or without cause. 25. Time: Time shall be of the essence as to this agreement. 26. 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 bind 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. 27. Full AQreement: This writing embodies the entire Agreement and understanding between the parties hereto, and there are not other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. In order to be effective any amendment and/or change to this Agreement shall be in writing recommended by the TDC and approved by the COUNTY and signed by both parties. 28. This contract has been carefully reviewed by legal counsel for both parties. Therefore, this contract shall not be strictly construed against either party on the basis of authorship. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County DAC I Gay & Lesbian VIS Request for Proposal - 2009 20 Deputy Clerk (CORPORATE SEAL) Attest By Secretary Print Name Date: OR TWO WITNESSES (1 ) (1 ) Print Name Date: DAC I Gay & Lesbian VIS Request for Proposal - 2009 Mayor/Chairman By President Print Name Date: (2) (2) Print Name Date: 21 PUBLIC RESPONDENT CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public Respondent crime may not submit a bid on a contract to provide any goods or services to a public Respondent, may not submit a bid on a contract with a public Respondent for the construction or repair of a public building or public work, may not submit bids on leases of real property to publicRespondent, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public Respondent, and may not transact business with any publicRespondent in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO fir a period of 36 months from the date of being placed on the convicted vendor list." DAC I Gay & Lesbian VIS Request for Proposal - 2009 22 SECTION FIVE INSURANCE REQUIREMENTS MONROE COUNTY, FLORIDA DAC I Gay & Lesbian VIS Request for Proposal - 2009 23 RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor 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 of 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 Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor 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. DAC I Gay & Lesbian VIS Request for Proposal - 2009 24 SECTION SIX RESPONSE/BID FORMS DAC I Gay & Lesbian VIS Request for Proposal- 2009 25 RESPONSE FORM RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: the Qualifications - the Non-Collusion Affidavit Ethics Clause Drug Free Workplace Form_ In addition, I have included a current copy of the following professional and occupational licenses: (Check mark items above. as a reminder that they are included.) Mailing Address: Telephone: Fax: Date: Signed: Witness: (Seal) (Name) (Title) DAC I Gay & Lesbian VIS Request for Proposal - 2009 26 NON-COLLUSION AFFIDAVIT I, of the city of my oath, and under penalty of perjury, depose and say that: according to law on I. lam of the firm of the bidder making the Proposal for the project described in the Notice for Request for Proposals for: and that I executed the said proposal with full authority t do so: 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 b 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. (Signature of Bidder) (Date) STATE OF: COUNTY OF: 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 20_. NOTARY PUBLIC My Commission Expires: DAC I Gay & Lesbian VIS Request for Proposal - 2009 27 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA 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 employee. (Signature) (Date) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this_day of ,20_ NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 DAC I Gay & Lesbian VIS Request for Proposal - 2009 28 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs 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. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies 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. Imposes 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. Makes 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 fmn complies fully with the above requirements. Bidder's Signature Date DAC I Gay & Lesbian VIS Request for Proposal- 2009 29