Item D3County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
January 18, 2017
Agenda Item Number: D.3
Agenda Item Summary #2508
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296 -1552
N/A
AGENDA ITEM WORDING: Approval to advertise a Request for Proposals for a Professional
Public Relations Agency for Monroe County Tourist Development Council
ITEM BACKGROUND: Our current agreement with NewmanPR expires on September 30, 2017.
The deadline for receipt of proposals would be March 21, 2017. The TDC would bring the final
agreement back to the BOCC for approval at or before the September 20, 2017 BOCC meeting.
Attached is a copy of the Request for Proposals
TDC approved same at their meeting of December 13, 2016
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
TDC Public Relations Agency RFP
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: No cost to County
Current Year Portion:
Budgeted: Yes
Source of Funds: TDC
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Maxine Pacini
Christine Limbert
Kathy Peters
Board of County Commissioners
Completed
Completed
Completed
Completed
12/16/2016 9:15 AM
12/16/2016 9:20 AM
12/16/2016 12:47 PM
01/18/2017 9:00 AM
DATE: December 13, 2016
TO: Monroe County Board of County Commissioners
FROM: Harold Wheeler, Marketing Director
RE: Consideration and Action re: Permission to Advertise for a
Public Relations Agency
Our current agreement with Stuart Newman Associates, Inc. d /b /a NewmanPR to
serve as the full - service public relations agency, executing a tourism based
public relations campaign for the Monroe County TDC and County expires on
September 30, 2017.
Following County procedures, we are required to advertise a Request for
Proposals (RFP) to provide an opportunity for all interested agencies to apply for
this Agreement.
Attached is a copy of the proposed Request for Proposal (RFP) that has been
reviewed and approved by our Assistant County Attorney Christine Limbert. I
have also attached a copy of the RFP schedule.
The TDC Unanimously approved same at their meeting of December 13, 2016.
TDC RFP APPROVAL December 13. 2016
TDC APPROVAL OF SELECTION
AND AGREEMENT NEGOTIATION COMMITTEE (Rita Irwin; Julie Fondriest;
Michael Shipley)
BOCC RFP APPROVAL
ADVERTISE
Advertised for 51 days
SELECTION COMMITTEE MEETING
(Select up to 3 Agencies)
AGENCY R i TAT l O
TO TDC
PUBLIC RELATIONS AGENCY AGREEMENT
NEGOTIATION COMMITTEE MEETING
January 2017
January 30, 2017
March 21., 2017
April 10 or 11 t ", 2017
May 23,2017
End of May /Beginning
June
AGREEMENT BACK TO TDC FOR FINAL APPROVAL July 18, 2017
{
BOCC APPROVAL OF AGREEMENT August/September 2017
OF REOLI FOR CONIPE'ri'uVE SOL1(.j'rA'uo',N
NOTICE IS HEREBY GIVEN TO PROSPECTIVE RESPONDENTS that no later than 3:00 P.M.
on March 21, 2017 the Monroe County Purchasing Office will receive sealed responses for the
following:
Professional Public Relations Agency Services for Monroe County Tourist Development Council
Requirements for submission, the Competitive Solicitation Documents, and the selection criteria must be
downloaded from DemandStar by Onvia at www.demandstar.com or call toll-free at 1-800-711-1712.
All respondents must use the current Competitive Solicitation Documents downloaded from the
website www.demandstar.com. Use of any other document will result in your submission being
rejected.
Dated at Key West this _ day of 2017. Monroe County Purchasing Department
Competitive Solicitation for Professional Public Relations Services - 2017
1
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
REQUEST FOR COMPETITIVE
SOLICITATION
PROFESSIONAL PUBLIC RELATIONS AGENCY SERVICES
FOR MONROE COUNTY TOURIST DEVELOPMENT
COUNCIL
NIONROE (.'OL.IN
Director
Harold Wheeler
All responses subniitted to this solicitation should be IrIddressed to 1.1nd received no
hr.ttlem these 3:00 P.M.. Nlearch 21. 2017eat: I
Monroe (,ount Pum-chlr.isina Office
I Ll
1100 Sinionton Street, Rooni 1-213
Ke West, FL 33040
1
Attention: REQUES'r FOR CONIPE'urwE SOL1(. Professional Public
- Releations Agency Services for Monroe count Developnient Council I
Competitive Solicitation for Professional Public Relations Services - 2017
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SECTION ONE
Instruction to Respondents
SECTIONTWO
General Terms and Conditions
S E CTI 0 N TH R E E
Terms and Conditions Specific to:
Professional Public Relations Agency Services
SECTION FOUR
Draft Agreement
SECTION FIVE
Insurance Requirements and
Response Forms Required By Monroe County, Florida
SECTION SIX
Request for Competitive Solicitation Checklist
in
19
IN
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im
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Competitive Solicitation for Professional Public Relations Services - 2017
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' Me 1
Requirements for submission, the Competitive Solicitation Documents and the selection criteria must be
downloaded from DemandStar by Onvia at www.demandstar.com or call toll -free at 1- 800 -711 -1712.
All respondents must use the current Competitive Solicitation Documents downloaded from the
website www.demandstar.com Use of any other document will result in your submission being
rejected.
1.01 DESCRIPTION
The Respondent awarded an Agreement shall provide Public Relations Agency services for the Monroe
County Tourist Development Council (TDC) as outlined within Specifications in Section Three of this
Competitive Solicitation.
1.02 COPIES OF DOCUMENTS
A. Only complete sets of Competitive Solicitation 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 Documents may be obtained in the manner and at the location stated in the
Notice of Request for Competitive Solicitations.
1.03 RESPONSE REQUIREMENTS
One (1) signed original, PLUS (1) flash drive with complete copy of Response /Statement of
Qualification as a .pdf, and three (3) complete paper copies of the Response /Statement of
Qualification must be received.
1.04 DISQUALIFICATION OF RESPONDENT
A. NON - COLLUSION AFFIDAVIT: Any person submitting a Response /Statement of
Qualification in response to this invitation must execute the enclosed NON - COLLUSION
AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the Proposal of
all participants in such collusion shall be rejected, and no participants in such collusion will be
considered in future Responses for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a Proposal on an
Agreement to provide any goods or services to a public entity, may not submit a Proposal on
an Agreement with a public entity for the construction or repair of a public building or public
work, may not submit Proposals on leases or perform work as a contractor, supplier,
subcontractor or consultant under an Agreement with any public entity, and may not transact
business with any public entity 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.
Competitive Solicitation for Professional Public Relations Services - 2017
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C. DRUG -FREE WORKPLACE FORM: Any person submitting a Proposal in response to this
invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and submit it with
the Proposal. Failure to complete this form in every detail and submit it with your Proposal
may result in immediate disqualification of your Proposal.
D. RESPONSES RECEIVED AFTER DEADLINE: Any Response submitted after the Request
for Competitive Solicitation deadline of 3:00 p.m. on March 21, 2017 will automatically be
disqualified.
E. LOCAL PREFERENCE FORM: Respondent claiming a local preference must complete the
enclosed Local Preference Form.
1.05 EXAMINATION OF REQUEST FOR COMPETITIVE SOLICITATION
DOCUMENTS
A. Each Respondent shall carefully examine the Request for Competitive Solicitation and other
Agreement documents, and inform himself/herself 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 Agreement. Ignorance on the part of the Respondent will in no way
relieve him /her of the obligations and responsibilities assumed under the Agreement.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he /she be in doubt as to their meaning, he /she shall at once notify the
County.
1.06 INTERPRETATIONS, CLARIFICATIONS AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the Agreement documents.
Any inquiry or request for interpretation received in writing seven (7) or more days prior to the date
fixed for opening of responses will be given consideration. Written inquiries should be emailed to
Maxine Pacini at Officem!2x a,fla- kevs.com All such answers will be made in writing in the form of an
addendum and, if issued, shall be posted to DemandStar and a notification will be furnished by
DemandStar to all know prospective Respondents listed as planholder prior to the Established Response
opening date. It shall be the Respondents sole responsibility thereafter to download the addendum. Each
Respondent shall acknowledge receipt of such addenda in the space provided in the response form
attached. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his /her
response will nevertheless be construed as though it had been received and acknowledged and the
submission of his /her response will constitute acknowledgment of the receipt of same. All addenda are
a part of the Agreement documents and each Respondent will be bound by such addenda, whether or not
received by him /her. It is the responsibility of each Respondent to verify that he /she has received all
addenda issued before responses are opened.
Written portions of all Responses become the property of the Monroe County TDC upon receipt and will
not be returned to Respondent. The Monroe County TDC shall have the right to use all ideas or
adaptations of the ideas contained in any Response /Statement of Qualifications received in response to
this Request for Competitive Solicitation. Selection or rejection of the Response will not affect this
right.
All Responses received will be reviewed by the Monroe County TDC Selection Committee. The
Selection Committee will recommend that no more than three (3) of the agencies submitting a Response
be invited to make an oral /visual presentation. The presentation will be made to the Monroe County
Competitive Solicitation for Professional Public Relations Services - 2017
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TDC during an open meeting on Tuesday, May 23, 2017 in Key West, FL. Finalists will be informed
of the exact time and venue of presentation. No contact regarding this Request for Competitive
Solicitation will be allowed between the applicant and individual members of the TDC Board
Members or Selection Committee. The applicant shall not lobby, solicit or act to influence the
TDC Board Members in any way that would have an effect on the outcome of the competition,
discussion or negotiations leading to the award of an Agreement.
1.07 GOVERNING LAWS AND REGULATIONS
The Respondent 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: The Respondent must sign the response forms in the space provided for the
signature. If the Respondent is an individual, the words "doing business as or "Sole
Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of
the partners must follow the Agency name and the words "Member of the Agency" should be written
beneath such signature. If the Respondent is a corporation, the title of the officer signing the
Response /Statement of Qualifications on behalf of the corporation must be stated along with the
Corporation Seal Stamp and evidence of his /her authority to sign the Response must be submitted. The
Respondent shall state in the response the name and address of each person interested therein.
1.08.1 SUBMISSION OF RESPONSES
A. Respondents must submit one (1) signed original, PLUS (1) flash drive containing a
complete copy of response /statement of qualifications as a .pdf, plus three (3) complete
paper copies of the Response. No waivers shall be allowed for responses which have not been
submitted to the County Purchasing Department by 3:00 p.m. on the deadline date.
B. The response shall be submitted in one (1) sealed envelope /box, which shall be marked so as to
clearly indicate its contents and the name of the Respondent. If forwarded by mail, the above -
mentioned envelope shall be enclosed in another envelope addressed to the entity and address
stated in the Notice of Request for Competitive Solicitation, 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
Competitive Solicitations.
C. Each Respondent shall submit with their Response the required evidence of their qualifications
and experience.
D. Finalists will be notified in writing after the Selection Committee reviews and selects no more
than three (3) applicants to make presentations to the TDC on Tuesday, May 23, 2017 in Key
West, Florida. Thereafter, the recommendation of the TDC will be submitted to the Board of
County Commissioners. No contact regarding this Request for Competitive Solicitation
will be allowed between the applicant and the TDC Board Members.
Competitive Solicitation for Professional Public Relations Services - 2017
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1.09 DETERMINATION OF SUCCESSFUL RESPONDENT
Selection of the highest ranked respondent shall be made to the responsible Respondent whose response
is determined to be the most advantageous to the TDC and County, taking into consideration the
evaluation criteria set forth below:
Experience, Technical Skills and Qualifications
30 points
Written Presentation
30 points
Financial Ability to Provide Services
20 points
Service Capability to Monroe County
10 points
*If Agency meets criteria of local business (local preference)
10 points
Total points earned are on a scale of 1 —100 points (1 = lowest 100 = highest)
*To be entitled to the local preference, the Respondent must submit with their response a copy of a valid
receipt for business tax, issued by the Monroe County Tax Collector. In addition, the Respondent must
certify that the Respondent maintains a physical business address located within Monroe County, from
which the Respondent does business on a day -to -day basis. The physical business address must be
registered with the Florida Department of State as the principal place of business for at least one year
prior to the notice of the request for competitive solicitation. Post office boxes are not acceptable. (See
Sec. 2 -349, Monroe County Code). 00
The TDC and County reserve 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 TDC and County. Responses that are
incomplete, unbalanced, conditional, obscure or that contain additions not requested or irregularities of
any kind, or that do not comply in every respect with the Instruction to Respondent and the Agreement
documents, may be rejected at the option of the TDC and County.
1.10 CONTENT OF SUBMISSION
The response submitted in response to this Request for Competitive Solicitation shall be typed on 8 -1/2"
x 11" white paper; 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 noted at top of page. Since oral presentations or demonstrations may not be solicited, the
Respondent should not withhold any information from the written response. Each Respondent must
submit adequate documentation to certify the Respondent's compliance with the County's requirements.
Respondent should focus specifically on the information requested. Additional information, unless
specifically relevant, may distract rather than add to the Respondent's overall evaluation.
We advise that prior to complefing the response, the Respondent should review the Tares and
Conditions Specific to the Public Relations Agency Competitive olicitatio outlined in Section
Thfiree to ensure the capability to handle the Scope of Services required by the NIo ro Cou t
TDC"
The Response/Statement of Qualifications should be set up as follows:
A. COVER PAGE
A cover page that states "REQUEST FOR COMPETITIVE SOLICITATION- Professional
Public Relations Agency Services for Monroe County Tourist Development Council." The cover
Competitive Solicitation for Professional Public Relations Services - 2017
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page should contain name, address, telephone number of Respondent, and the name of the
Respondent's contact individual or corporate officer authorized to execute Agreements.
B. SECTIONS
Section 1. Narrative Self - Analysis
The Respondent should provide a brief description of the Respondent's agency, date of
establishment, ownership, organizational structure and mission statement. Information
regarding ownership must include a list of shareholders holding 5% or more of stock, or, if the
entity is a partnership, a list of general partners; if the entity is a limited liability company,
provide a list of members. List all officers and directors of the entity; number of years the
business has been operating as public relations agency, including number of years under
current name.
The Respondent should provide a summary of any industry awards or recognition given to the
agency preferably for tourism promotion.
Section 2. References
Each Respondent shall provide references (minimum of three) for which the Respondent has
provided the same or similar services. Each reference shall include, at a minimum:
• Name and full address (including website address) of reference organization
• Name of contact person for Agreement
• Telephone number(s) and e -mail addresses
• Date of initiation of Agreement with reference
• Brief summary comparing the referenced services to these proposed services for public
relations agency services
Section 3. Client Information
Respondent shall provide the following information:
• Brief description of the agency's statewide, national and international accounts.
• List the largest private sector current accounts. Briefly describe the types of services
rendered for each account.
• For any current governmental accounts, list and describe the services rendered.
• Provide a statement to show the agency's willingness, if awarded an Agreement and if
there should be a conflict between Monroe County and an existing account, to consider
terminating the existing account.
Section 4. Financial Statements, Accounting and Bookkeeping Procedures
Respondent shall submit a financial statement and company account for all revenues and
expenses related to the provision of services under this Agreement pursuant to generally
accepted accounting principles. Respondent shall provide the following:
• A set of financial statements (Cash Flow, Income and Expenditure, Balance Sheet) for
the prior three years, preferably with an audit opinion, for each of the two most recent
fiscal years.
Competitive Solicitation for Professional Public Relations Services - 2017
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• A statement as to whether accounting for billing purposes is performed in -house or by a
contracted accountant.
• A statement regarding the Respondent's ability to respond to government purchase
orders; and
• A statement outlining the procedures that will be used to issue invoices in the billing of
services for the TDC.
• Credit references (minimum of three)
Section 5. Staff Information
• Respondent shall include a list of the proposed staff positions, and describe each of their
qualifications and experience that will be dedicated to the account if awarded this
Agreement.
Section 6. Service Capability to Monroe County
• Describe agency administrative facilities;
• Provide agency website address for review;
• Provide information of location of the closest office available to Monroe County TDC
administrative office for sales and technical support. If outside the State of Florida, state
if the agency would be willing to locate a sufficiently staffed office in Monroe County or
otherwise propose an anticipated method of servicing the account;
• Provide copies of documentation showing authorization to do business in the State of
Florida. You must be registered at www.sunbiz.o11
• Provide statement acknowledging that the agency would agree not to represent any new
tourism /destination clients without the approval of the Monroe County Tourist
Development Council.
Section 7. Compensation
Agency Fee: The annual fee will be the administrative costs for all staff and Agreement
services by the provider.
Reimbursement Expenditures: The public relation agency will be reimbursed for all
actual expenses incurred for media materials, postage, shipping, clipping services,
special event support, research, website maintenance, promotional items, seminars or
show registrations, sub - agency agreements, entertainment of media, broadcast support,
photography, broadcast production, travel expenses and all other projects or production
materials that are necessary for the fulfillment of this agreement and have been approved
in advance by the TDC according to Monroe County Procurement Policies. The Firm's
telecommunication services are included in their professional fees.
Compensation will be discussed during finalists audio /visual presentations and final
decision made during agreement negotiations.
Agency selection from Request for Proposal requirements and presentation process in no
way constitutes a commitment by the Monroe County Tourist Development Council or
the County until agreement is agreed upon by both parties.
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Section 8. Written Presentation
The agency is to provide a comprehensive outline of a public relations marketing program for
the Florida Keys. The outline should include objectives, priorities, markets, strategies,
methods and measurability. Give examples of how each method could be implemented during
program planning.
The outline should include international and domestic markets.
Objectives should include how the agency will promote the awareness and image of the
separate five (5) destinations of the Keys: Key Largo, Islamorada, Marathon, Big Pine Key and
the Lower Keys, and Key West.
No contact regarding this presentation or competitive bid process will be allowed between the
bidder and individual members of the Selection Committee or TDC board members.
Section 9. Litigation
The Respondent must provide answers to the following questions regarding claims and suits:
• Has the person, principals, entity or any entity previously owned, operated or directed by
any of its officers, major shareholders or directors, ever failed to complete work or
provide the goods for which it has contracted? Yes or No. If yes, provide details;
• Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity previously
owned, operated or directed by any of its officers, directors, or general partners? Yes or
No. If yes, provide details;
• Has the person, principal of the entity, entity, or any entity previously owned, operated or
directed by any of its officers, major shareholders or directors, within the last five (5)
years, been a parry to any lawsuit, arbitration, or mediation with regard to an Agreement
for services similar to those requested in the specifications with private or public entities?
Yes or No. If yes, provide details;
• Has the person, principal of the entity, or any entity previously owned, operated or
directed by any of its officers, owners, partners, major shareholders or directors, ever
initiated litigation against the County or been sued by the County in connection with an
Agreement to provide services, goods or construction services? Yes or No. If yes,
provide details;
• Whether, within the last five (5) years, the owner, an officer, general partner, principal,
controlling shareholder or major creditor of the person or entity was an officer, director,
general partner, principal, controlling shareholder or major creditor of any other entity
that failed to perform services or furnish goods similar to those sought in the request for
competitive solicitation: Yes or No. If yes, provide details.
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Section 10. County Forms
Respondent shall complete and execute the forms specified below and found at the designated
pages in this Request for Competitive Solicitation, and shall include them in Section Five:
Pages
Response Form
32
Non - Collusion Affidavit
33
Ethics Clause
34
Drug Free Workplace
35
Local Preference Form
36
Copies of all current professional licenses and copies of business tax receipts shall be included
in this Section.
Section 11. Other Information
Provide any additional information which will present evaluators with insight about the
qualifications, fitness and abilities of Respondent.
Section 12. Request for Response Checklist
Please review and complete the Request for Response /Statement of Qualifications Checklist
(page 37) included in this Request for Competitive Solicitation. Those applicants not
submitting all items requested will automatically be disqualified.
1.11 MODIFICATION OF RESPONSES
Written modifications will be accepted from Respondents after the initial submission only if addressed
to the entity and address indicated in the Notice of Request for Competitive Solicitations and received
prior to response opening due date and time. Modification must be submitted in a sealed envelope
clearly marked on the outside, with the Respondents name and "Modification to REQUEST FOR
COMPETITIVE SOLICITATION- Professional Public Relations Agency Services for Monroe County
Tourist Development Council ".
1.12 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the response, regardless
of whether an Agreement award is made by the County.
1.13 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 Competitive Solicitations. 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 or their
authorized agents are invited to be present.
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1.14 DETERMINATION OF SUCCESSFUL RESPONDENT
Following the receipt of responses, the selection committee will meet in a publicly noticed meeting and
evaluate the responses based on the criteria and point total above. 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 that 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 Respondents and the Agreement documents, may be rejected at the option of the
County.
1.15 AWARD OF AGREEMENT
A. The County also reserves the right to reject the response of a Respondent who has previously
failed to perform properly or to complete Agreements of a similar nature on time, or who after
investigation of reference or other criteria, does not meet County standards.
B. The recommendations of the TDC will be presented to the Board of County Commissioners of
Monroe County (BOCC), Florida, for final approval of an Agreement.
C. The County reserves the right to waive any irregularity in any response, or to re- advertise for
all or part of the work contemplated.
1.16 EXECUTION OF AGREEMENT
The Highest Ranked Respondent with whom an Agreement is negotiated shall be required to return to
the County one (1) signed original Agreement together with the required certificates of insurance.
1.17 INSURANCE
The Respondent shall defend, indemnify and hold harmless the County as outlined on the attached form
on page 31.
a
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GENERAL TERMS AND CONDITIONS
2.01 DEFINITIONS
Wherever used in these General Conditions or in the other Agreement documents the terms below have
the meanings indicated which are applicable to both the singular and plural thereof. The use of the
terms "he," "him," "himself' or "his" shall refer to male and female persons alike and should not be
construed as derogatory or discriminatory to female persons.
Request for Competitive Solicitation: Also means Request for Qualifications or Abbreviation of
RFQ.
Request for Qualifications: A solicitation of responses from vendors whereby vendors are invited to
CL
submit a summary of their particular qualifications and to state their interest in performing a specific job
or services for the County. From such submissions, the TDC selection committee determines which of
such vendors shall be short- listed for possible presentations to the TDC, and for the TDC to recommend
to the Board of County Commissioners (BOCC) approval of a final Agreement.
C.
Addenda: Written or graphic instruments issued prior to the Response opening which clarify, correct
CD
or change the competitive solicitation documents or the Agreement documents.
Response Documents: The advertisement or invitation calling for Competitive Solicitation,
instructions and forms contained in this Request for Competitive Solicitations (Response Form, Non -
Collusion Affidavit, Lobbying and Conflict of Interest Clause, Drug Free Workplace) and the proposed
Agreement documents (including all addenda issued prior to receipt of responses).
Agreement Documents: The competitive solicitation documents, Agreement, addenda (which pertain
to the Agreement documents), the Respondent's proposal or response (including documentation
accompanying the response and any post- response documentation submitted prior to the selection of the
highest ranked respondent and final approval of the Agreement) when attached as an exhibit to the
Agreement, these General Conditions, together with all amendments, modifications and supplements.
Compensation: Compensation will be negotiated upon selection of the highest ranked respondent.
Failure to reach a final Agreement with the highest ranked respondent will result in negotiations with the
next highest ranked respondent until a final Agreement is reached.
Agreement Time: The Agreement shall be in force and binding on the County and the Agency for a
period of three (3) years with an option for the County to extend for additional two (2) year period from
the effective date of the Agreement.
TDC: Abbreviation for the Monroe County Tourist Development Council.
Agency: Entity with whom the County enters into an Agreement.
Contractor: The person, agency or corporation with whom the County has entered into the Agreement.
Competitive Solicitation for Professional Public Relations Services - 2017
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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: Federal, state and local laws, rules, regulations,
ordinances, codes and /or orders.
Notice of Award: The written notice to the apparent highest ranked Respondent stating that upon
successful negotiations and compliance by the successful Respondent with the conditions precedent
enumerated therein, within the time specified, the County will sign and deliver the Agreement.
County: The Monroe County Board of Commissioners with whom the Agency has entered into the
Agreement and for whom the work is to be provided.
Specifications: Those portions of the Agreement documents consisting of written technical descriptions
of materials and services required under the Agreement.
Written Amendment: A written amendment of the Agreement documents, signed by the County and
the Agency, on or after the effective date of the Agreement.
Failure to Execute Required Forms: Failure to execute the required forms shall result in entity being
disqualified and the response will be rejected.
2.02 RESPONDENT'S RESPONSIBILITIES
2.02.1 Supervision and Personnel
The Respondent 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 Agreement documents.
2.02.2 Parts, Materials and Equipment
Unless otherwise specified in the Agreement, the Respondent 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 Taxes
The Respondent shall pay all sales, consumer, use and other similar taxes required to be paid by the
Respondent in accordance with the laws and regulations of the place of the project which are applicable
during the performance of the work. The County is not liable for sales or use taxes.
2.02.4 Compliance with Laws
The Respondent shall comply with all applicable laws and regulations of federal, state and local
governments.
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TERMS AND CONDITIONS SPECIFIC
The public relations agency services shall include, but not be limited to, the following:
1. Provide staff services to manage communications to develop awareness, promote
favorable image and goodwill for the Florida Keys tourism product.
2. Provide the development of favorable national and international publicity for the
Florida Keys tourism product.
3. Provide the establishment and maintenance of contacts with print, internet and
broadcast media including bloggers and social media influencers.
4. Provide the preparation of digital media kits and an online newsroom.
5. Coordinate development and distribution of news materials for trade and consumer
media.
6. Develop and coordinate media familiarization tours for the Florida Keys, and assist
media including social media influencers as needed during individual visits. In addition,
develop and coordinate itineraries for broadcast crews and provide onsite support as
needed.
7. Work with media personnel to gather information for their reports.
8. Develop the public relations section of the TDC's annual marketing plan establishing
objectives and measurable goals while interfacing with programs produced by the
advertising agency and sales department.
9. Provide representation of TDC at selected trade shows, sales /media missions, FAM
tours, media workshops, and journalist conferences.
10. Provide at least one representative to attend TDC meetings; District Advisory
Committee (five individual DACs); cultural, diving and fishing umbrella meetings.
11. Provide periodic written and /or oral reports on public relations activities to the TDC
and District Advisory Committees.
12. Provide the establishment and management of Agreements with sub -
agencies for international, specialty or other public relation markets and /or programs.
13. Prepare for and respond to emergency crisis situations that affect tourism and provide a
crisis communications program when needed, working in conjunction with Keys
Emergency Managements and other local, state and federal entities as appropriate.
14. Coordinate crisis communications training for Keys tourism officials.
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15. Interface with County officials and other local municipalities to consult with and
provide communications assistance to deal with issues that relate to tourism.
16. Provide content support for TDC web site and social media channels.
17. Provide publicity before, during, and after selected special events.
18. Provide assistance to the Florida Keys Film Commission.
19. Maintain appropriate records of print clippings, internet, and broadcast coverage.
20. Provide development and maintenance of video and still image libraries.
21. Provide a measurability process to evaluate the public relations programs.
22. Provide implementation of such services as outlined within the objectives, goals, and
strategies of the annual marketing plan.
23. Perform such other public relations activities as required by the TDC.
A draft Agreement has been furnished in Section Four to help outline the possible services of a
full- service agency of record to Monroe County. The Scope of Services may change before
negotiating the final Agreement between the parties.
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THIS AGREEMENT (Agreement), made and entered into this day of , 2017, A.D., by
and between Monroe County, Florida, (hereinafter called the County), and (Insert Organization
Name) (hereinafter called the Contractor).
WITNESSETH:
WHEREAS, Contractor is uniquely qualified to provide public relations agency services which
promotes tourism, and
WHEREAS, County and Contractor currently have a contractual arrangement for services
through September 30, 2017; and
WHEREAS, the Monroe County Tourist Development Council (TDC), an advisory board to the
County's Board of County Commissioners (BOCC) has recommended to County that a new Agreement
for public relations services be entered into with Contractor, and
WHEREAS, County desires to enter into this Agreement for public relations 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 a period of three (3) years beginning October 1, 2017
and expiring on September 30, 2020. The County shall have an option to extend the Agreement for one
additional two (2) year period under the same conditions. (under Agreement negotiations this may be
subject to monetary terms, upon 90 days prior written notice of the Agreement extension to Contractor).
2. Scope of Services The Contractor will serve as the full- service public relations agency,
executing a tourism based public relations campaign for the Monroe County TDC and County. The
Contractor and the public relations programs are subject to review by the Monroe County TDC.
A. 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 personnel shall be sent to the TDC for approval. The principals assigned are the
following (Titles may vary to those below):
MINIMUM STAFF PERSONNEL ASSIGNED:
1) Agency Owner or President
2) Account Supervisor
3) Account Executive
4) Media Manager
5) Account Support
6) Finance /Account /Clerical Support
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In addition, the agency will contract with Keys -based individuals to provide for an Upper
Keys /Middle Keys stringer, a Lower Keys /Key West stringer, a web editor and a LGBT media
specialist to be funded from the public relations expense budget.
B. The Senior Account Supervisor and /or account executive shall meet with the Monroe
County TDC at all regularly scheduled meetings of the TDC and Advisory Committees,
and at any other times as directed by the TDC.
C. Contractor agrees to assign a Public Relations Senior Account Supervisor who will
devote such time and effort as necessary to the account on a priority basis, including
full time when required. Duties of the Senior Account Supervisor will 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 Monroe
County; consultations with TDC Advisory Committees within the Keys, and interfacing
with other agencies of record such as Advertising and Website provider as directed by
the TDC relating to the development of an effective marketing program for the Florida
Keys.
D. Provide staff services to manage communications to develop awareness, promote
favorable image and goodwill for the Florida Keys tourism product.
E. Provide the development of favorable national and international publicity for the
Florida Keys tourism product.
F. Provide the establishment and maintenance of contacts with print, internet and
broadcast media including bloggers and social media influencers.
G. Provide the preparation of digital media kits and an online newsroom.
H. Coordinate development and distribution of news materials for trade and consumer
media.
L Develop and coordinate media familiarization tours for the Florida Keys, and assist
media including social media influencers as needed during individual visits. In addition,
develop and coordinate itineraries for broadcast crews and provide onsite support as
needed.
J. Work with media personnel to gather information for their reports.
K. Develop the public relations section of the TDC's annual marketing plan establishing
objectives and measurable goals while interfacing with programs produced by the
advertising agency and sales department.
L. Provide representation of TDC at selected trade shows, sales /media missions, FAM
tours, media workshops, and journalist conferences.
M. Provide at least one representative to attend TDC meetings; District Advisory
Committee (five individual DACs); cultural, diving and fishing umbrella meetings.
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N. Provide periodic written and /or oral reports on public relations activities to the TDC
and District Advisory Committees.
O. Provide the establishment and management of Agreements with sub -
agencies for international, specialty or other public relation markets and /or programs.
P. Prepare for and respond to emergency crisis situations that affect tourism and provide a
crisis communications program when needed, working in conjunction with Keys
Emergency Managements and other local, state and federal entities as appropriate.
Q. Coordinate crisis communications training for Keys tourism officials.
R. Interface with County officials and other local municipalities to consult with and
provide communications assistance to deal with issues that relate to tourism.
S. Provide content support for TDC web site and social media channels.
T. Provide publicity before, during, and after selected special events.
U. Provide assistance to the Florida Keys Film Commission.
V. Maintain appropriate records of print clippings, internet, and broadcast coverage
W. Provide development and maintenance of video and still image libraries.
X. Provide a measurability process to evaluate the public relations programs.
Y. Provide implementation of such services as outlined within the objectives, goals, and
strategies of the annual marketing plan.
Z. Perform such other public relations activities as required by the TDC.
3. Compensation Compensation shall be paid for fees and reimbursement expenses, subject to
availability of Tourist Development Tax Funds. Monroe County's performance and obligation to
pay under this Agreement is contingent upon an annual appropriation by the County.
A. Agency Fees The Contractor shall be compensated for the performance of all public
relations staffed services outlined within the Scope of Services as defined by this
Agreement and the approved fiscal year Marketing Plan for an annual agency
administration fee of $ . The Contractor shall submit to the TDC monthly
billings in arrears for one - twelfth (1/12) of the annual agency fee. The Contractor shall
have all fees placed on invoices that have the proper approved purchase order account
number and follow County requirements for payment. Following the third year, the
County has an option to extend this Agreement for an additional two (2) year period
under the same conditions subject to negotiation of monetary terms (under Agreement
negotiations this may be subject to monetary terms, upon 90 days prior written notice of
the Agreement extension to Contractor).
B. Reimbursement Expenses All reimbursable expenditures paid by the County shall be
subject to the annual public relations expense budget approved by the TDC and County.
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The Firm shall have all expenses placed on invoices that have the proper approved
purchase order account number, have been paid for by the agency to the vendor before
being submitted for reimbursement with product or services delivered, and follow other
County requirements for payment.
The Contractor will be reimbursed at cost for all actual expenses incurred for contracted
staff, media materials, postage, shipping, clipping services, special event support,
research, website maintenance, promotional items, seminars or show registrations, sub-
agency Agreements, entertainment of media, broadcast support, photography, broadcast
production, travel expenses and all other projects or production materials that are
necessary for the fulfillment of this Agreement and have been approved in advance by the
TDC Fiscal Year Marketing Plan or budget according to Monroe County Procurement
Policies. The Contractor's telecommunication services are included in their professional
fees.
C. The Contractor may provide Public Relation Services and expense - related purchases
above and beyond its normal requirements as defined by this Agreement and the
approved Fiscal Year Marketing Plan, for TDC funded special events, as approved by the
TDC Director in advance.
D. The Contractor shall provide the establishment and management of Agreements with sub -
agencies for international, specialty or other public relation markets and /or programs.
E. Reimbursable expenditures shall be invoiced and billed to the County for payment on a
monthly basis. The County shall be responsible for payment of all authorized fees and
costs due the Contractor according to the Florida Local Government Prompt Payment Act
(Florida Statute: 218.70 through 218.77).
F. The Contractor is required to have pre - approval on all other projects and materials by the
TDC Director, TDC Chairperson or TDC according to TDC and Monroe County
Procurement Policies.
4. Contractor's Acceptance of Conditions 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 County's decision shall be final and binding upon all parties.
B. The passing, approval 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 with the
terms of this Agreement. Failure on the part of the Contractor, immediately after Notice to
Correct a default, shall entitle the County, if it sees fit, to correct the same and recover the
reasonable cost of such replacement and /or repair from 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 /her failure to
comply strictly and in all things with this Agreement and with the specifications.
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C. The Contractor agrees that the TDC may designate representatives to visit the Contractor's
facility(ies) periodically to conduct random open file evaluations during the Contractor's
normal 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. Public Relations Agency of Record Contractor shall act as the agency of record of the
County /TDC for all tourism based public relations services, and for the performance of related or
special services as requested by the TDC.
6. Exclusive Representation: Contractor agrees that it will not represent any lodging properties,
attractions or other tourist related businesses in the state of Florida, or any other Destination Marketing
Organization (DMO) without the approval by the TDC.
7. Contractor's Financial Records Contractor shall maintain all books, records and documents
directly pertinent to performance under this Agreement in 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 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, Florida Statute, running from the date the monies were paid to Contractor.
8. Public Records Compliance: Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article 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 "public 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 Agreement and related to Agreement performance. The County
shall have the right to unilaterally cancel this Agreement upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material
breach of this Agreement and the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or expiration of the
Agreement.
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 terms and conditions of this Agreement, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to perform the service.
(2) Upon receipt 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.
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(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 Agreement
term and following completion of the Agreement if the contractor does not transfer the records to the
County.
(4) Upon completion of the Agreement, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public 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 Agreement, 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 public
records upon completion of the Agreement, the Contractor shall 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 Agreement 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 copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce the
public records Agreement provisions in accordance with the Agreement, notwithstanding the County's
option and right to unilaterally cancel this Agreement 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 APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY -
BRIAN(a,MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111
12 Street, SUITE 408, KEY WEST, FL 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 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 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. Independent Contractor 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
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Agreement shall be construed so as to find the Contractor or any of his /her employees, contractors,
servants or agents to be employees of the County.
11. Nondiscrimination The parties agree that there will 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 court order. The parties agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit
discrimination in employment on the basis of race, color, religion, sex and national origin; 2) Title IX of
the Education Amendment of 1972, as amended (20 USC §§ 1681 -1683, and 1685- 1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC §§ 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, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, §§ 523 and 527 (42 USC §§ 690dd -3 and 290ee -3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 1201), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 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. Assignment /Sub - Agreement The Contractor shall not assign or sub Agreement its obligations
under this Agreement, except in writing and with the prior written approval of 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. Compliance 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 material breach of this Agreement and
shall entitle the County to terminate this Agreement immediately upon delivery of written notice of
termination to the Contractor. The Contractor shall possess proper licenses to perform 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 officers 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
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position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
Upon execution of this Agreement, and thereafter as changes may require, the Contractor shall notify
the County of any financial interest it may have in any and all programs in Monroe 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 monies 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 Agreement, 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.
16. Notice Requirement Any notice required or permitted under this Agreement shall be in writing
and hand delivered or mailed, postage prepaid, to the other party by certified mail, return receipt
requested, to the following:
FOR TDC Maxine Pacini
Monroe County TDC
1201 White Street 4102
Key West, FL 33040
FOR COUNTY Christine Limb ert-B arrows,
Assistant County Attorney
PO Box 1026
Key West, FL 33041 -1026
FOR CONTRACTOR (Insert)
17. Taxes The County is exempt from payment of Florida State Sales and Use taxes. The
Contractor shall not 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, related to services rendered under this
Agreement.
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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 obligations of the Contractor to perform
the services enumerated as the Contractor's obligations under this Agreement.
B. Either of the parties hereto may terminate this Agreement without cause by giving the other
parry one hundred and twenty (120) days written notice of its intention to do so.
19. Governing Law, Venue, Interpretation, Costs 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
prior to the institution of any other administrative or legal proceeding.
D. 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 shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, 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 any stricken
provision with 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 any party relative to the
enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to
reasonable attorney's fees, court costs, investigative 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 appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this 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 Disputes or Disagreements. County and Contractor agree that all disputes and
disagreements 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 resolved to the
satisfaction of the parties, then any parry shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law.
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G. Cooperation. In the event any administrative or legal proceeding is instituted against either parry
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 and other activities related to the substance of this Agreement or
provision of the services under this Agreement. County and Contractor specifically agree that
no parry to this Agreement shall be required to enter into any arbitration proceedings related to
this Agreement.
20. Binding Effect ffect The terms, covenants, conditions and provisions of this Agreement shall bind
and inure to the benefit of the County and Contractor and their respective legal representatives,
successors and assigns.
21. Authority Each parry represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action,
as required by law.
22. Claims for Federal or State 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 this
Agreement; provided that all applications, requests, grant proposals and funding solicitations are not for
funding already provided under this Agreement.
23. Privileges and Immunities All of the privileges and immunities from liability, exemptions from
laws, ordinances and rules, and pensions and relief, disability, workers' compensation and other benefits
which apply 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 shall 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 the County.
24. Legal Obligations and Responsibilities Non - Delegation of Constitutional or Statutory 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 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 - Reliance by Non - Parties No person or entity shall be entitled to rely upon the terms, or
any of them, of this Agreement to enforce or attempt to enforce any third -parry 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 agent, 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 benefits 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 Statement, an Ethics Statement and a Drug -Free Workplace
Statement.
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27. No Personal Liability No covenant or Agreement contained herein shall be deemed to be a
covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe 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.
28. Insurance: 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 from 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.
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 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 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 Board of County Commissioners, its employees, TDC Board of Directors 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 on the County
prepared from entitled "Request for Waiver of Insurance Requirements" and approved 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 respond to Florida Statute 440.
In addition, the Contractor 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 Agreement.
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 A.M. Best Company.
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B. Prior to the commencement of work governed by this Agreement, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the Agreement
and include, as a minimum:
• Premises Operations
• 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
Agreement. 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.
C. Recognizing that the work governed by this Agreement requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintain throughout the life of the Agreement and include, as a minimum,
liability coverage for:
*Owned, Non - Owned, and Hired Vehicles
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
D. Recognizing that the work governed by this Agreement involves the furnishing of advice or
services of a professional nature, the Contractor shall purchase and maintain, throughout the
life of the Agreement, Professional Liability Insurance which will respond to damages
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: $250,000 per Occurrence /$500,000 Aggregate.
29. Force Majeure The Contractor 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
other acts of God, Contractor has exercised reasonable care in the prevention or mitigation of damages
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and delay, any such delay or failure shall not constitute a breach of the Agreement. Upon demand of
TDC or County, the Contractor must furnish evidence of the causes of such delay or failure.
30. Execution in Counterparts This Agreement may be executed in any number of counterparts,
each of which shall be regarded as an original, all of which taken together shall constitute one and the
same instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
31. Section Headings Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
(SEAL)
Attest: Amy Heavilin, Clerk
Deputy Clerk
Mayor /Chairman
................................................................................... ...............................
(Insert Organization Name)
President
Board of County Commissioners
of Monroe County
Print Name Date
AND TWO WITN ESSES
(1) (2)
(1) (2)
Print Name
Date:
Print Name
Date:
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SE(."u0',N FIVE
INSURANCE UI N AND
RESPONSE UI RED BY MONROE COUNTY, I A
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Indemnification and Hold Harmless
for
Other Contractors and Subcontractors
The Agency 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 Agency or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors or other
wrongful act of omission of the Agency 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 Agency's failure to purchase or maintain the required insurance, the Agency 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 Agency 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.
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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:
Proposal
Non - Collusion Affidavit
Local Preference Form
Ethics Clause
Drug Free Workplace Form
In addition, I have included a current copy of the following professional licenses and business tax
receipts:
(Check mark items above, as a reminder that they are included.)
Mailing Address: Telephone:
Signed:
(Name)
(Title)
Fax:
Date:
Witness:
(Seal)
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I, of the city of according to
law on my oath, and under penalty of perjury, depose and say that:
I am of the Agency
of the Proposer making the Proposal for the
project described in the Notice of Request for Competitive Solicitations for:
authority to do so; and
and that I executed the said Proposal with full
1. The prices in this Proposal 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 Proposer or with any competitor;
2. Unless otherwise required by law, the prices which have been quoted in this Proposal have not been
knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to
Proposal opening, directly or indirectly, to any 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 submit, or not to submit, a Proposal for the purpose of restricting competition; and
4. 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
Agreements for said project.
(Signature of Proposer)
STATE OF:
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 20
NOTARY PUBLIC
My Commission Expires:
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i 1 1
MONROE COUNTY, FLORIDA
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
Agreement without liability and may also, in its discretion, deduct from the Agreement 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 44
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The undersigned vendor in accordance with Florida Statute 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
Proposal a copy of the statement specified in Subsection 1.04.
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 Proposal, the employee will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or polo 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 Agency complies fully with the above
requirements.
Proposer's Signature
Date
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A. Vendors claiming a local preference according to Sec. 2 -349, Monroe County Code must complete
this form.
Name of Proposer /Responder Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax
Collector dated at least one year prior to the notice or request for bid or proposal?
(Please furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from which the
vendor operates or performs business on a day to day basis that is a substantial component of the
goods or services being offered to Monroe County? . The physical business
address must be registered with the Florida Department of State as its principal place of business
for at least one year prior to the notice of request for bids or Qualifications. (Please furnish copy
of Florida Department of State Detail by Entity Name sheet showing Principal Address).
List Address:
Telephone Number:
B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location?
If yes, please provide:
1. Copy of receipt of the business tax paid to the Monroe County Tax Collector by the
subcontractor dated at least one year prior to the notice or request for bid or proposal.
2. Subcontractor address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for Bidder /Responder:
STATE OF
COUNTY OF
On this day of , 20 , before me, the undersigned notary public, personally appeared
known to me to be the person whose name is subscribed above or who
produced as identification, and acknowledged that he /she is the person who
executed the above Local Preference Form for the purposes therein contained.
Notary Public
Print Name
My commission expires:
Seal
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SECTION SIX
REQUEST O,
Please ensure that all items have been checked before submitting Request for Competitive Solicitation.
Submit this checklist as the last page of your proposal.
❑
1.
Cover Page
❑
2.
Narrative Self - Analysis
❑
3.
References
❑
4.
Account Information
❑
5.
Financial Statements, Accounting and Bookkeeping Procedures
❑
6.
Staff Information
❑
7.
Service Capability to Monroe County
❑
8.
Compensation
❑ 9. Written Presentation
❑ 10. County Forms
❑ 11. Other Information
❑ 12. Completed Competitive Solicitation Checklist
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