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01/19/2000 CONTRACT FOR THE PREPARATION OF COUNTY YEAR END PUBLICATION THIS CONTRACT is entered into this 19th day of January, 2000, by and between The Market Share Company, a Florida corporation whose address is PO Box 1077, Key West, FL 33041 (Contractor) and Monroe County, a political subdivision of the State of Florida, whose address is Public Service Building, 5100 College Road, Key West, FL 33040 (County), WHEREAS, the County desires preparation of a year end publication to be made available for public use; and WHEREAS, the Contractor represents that it is professionally qualified to compile and publish such a publication; now, therefore, the parties agree as follows: 1, a) The Contractor must compile and publish the County year end publication (publication) in accordance with specifications set forth in Exhibit A, Exhibit A is attached to this contract and made a part of it. b) The publication must be satisfactorily completed and delivered to the County on or before April 15, 2000, 2, In consideration for the publication, the County will pay the Contractor an amount not to exceed $18,000. The payments will be made according to the following schedule: a) $6,000 to the Contractor by January 31, 2000, provided, however, that before any payment is made, the Contractor must submit an invoice to the County Administrator detailing the work on the publication performed up to the date of this invoice, Before the County Administrator may authorize payment, he must determine that the work described in the invoice was performed and represents at least one third of the work required by Exhibit A, If the invoice sets forth a lesser percentage (or if the County Administrator determines a lesser percentage was performed) then the County Administrator may only authorize payment of the percentage of the total contract price equal to the work described or performed as a percentage of the total work required. 5 f.'.::J 0 ;,: ::.. 0 :?1 :0("'):..-: ~ r- b) $6,000 to the Contractor by February 29, 2000, provid~w.r,[;] that before any payment is made, the Contractor must submit an in~ to-4he-" County Administrator detailing the work on the publication performed u~.:ttJe ~at~ of this invoice, Before the County Administrator may authorize paY~~,~e~us1o determine that the work described in the invoice was performed and,.~~s. d*j least an additional third of the work required by Exhibit A, not inclucK!d 4n tfOfirfg invoice, If the invoice sets forth a lesser percentage (or if the County AdminiStrat8? determines a lesser percentage was performed) then the County Administrator may only authorize payment of the percentage of the total contract price equal to the work described or performed as a percentage of the total work required. c) The final payment of $6,000 will be made on the timely delivery of the publication if prepared satisfactorily in accordance with Exhibit A (Specifications), 3, The Contractor acknowledges that time is of the essence in preparing the publication so that it can be promptly made available to the public, The Contractor further acknowledges and agrees that the exact amount of damage suffered by the County if the publication is not delivered by April 15, 2000 is difficult to quantify and, therefore, the appropriate measure of damages is the liquidated amount of $50,00 per day for each day after April 15, 2000, that the County is not in receipt of a publication that is satisfactorily prepared in accord with Exhibit A, The liquidated damage amount may be subtracted by the County from any amounts due the Contractor under this contract or, if the amount due is insufficient to cover the sum owed the County as liquidated damages, then the Contractor will remain obligated and liable to pay the County any such additional amount. 4, a) Before beginning work under this contract, the Contractor must provide evidence satisfactory to the County's Director of Risk Management that the Contractor has in force and effect the insurance set forth in Exhibit B and that the insurance will remain in effect throughout the contract term, Exhibit B is attached to and incorporated into this contract, b) The Contractor agrees to indemnify and hold the County harmless from any claim or demand made against the County by third persons based on any negligent act or omission of the Contractor while in the course of canying out its duties and obligations under this contract, For this indemnification and hold harmless subparagraph to apply, the County must promptly - in no event later than five business days - notify the Contractor of any claim or demand of the type described in this subparagraph 4(b), The requirements of this subparagraph 4(b) are in addition to the insurance requirement of subparagraph 4(a), 5, A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids n 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 Sec, 287,017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list, 6, The Contractor warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No, 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 010-1990, 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, 7, This contract is governed by the laws of the State of Florida, Venue for any litigation arising under this contract must be in a court of competent jurisdiction in Monroe County, Florida, 8, All correspondence between the parties required by this contract must be made through the following individuals (or their successors): Monroe County Ja mes L. Roberts County Administrator Public Service Building 5100 College Road, Room 212 Key West, FL 33040 Contractor Linda O'Brien Owner/President The Market Share Company 605 United Street, Suite 1 Key West, FL 33040 All correspondence will be considered received by a party when delivered to the appropriate address first listed above, 9, The parties agree that this written contract represents their final mutual understanding and bargain and replaces any prior written documents and negotiation and any oral representations, This contract may only be amended by a written document executed by the officer or employee of each party authorized by law or c9f,2~rate charter or by-laws to execute a binding contract, ~~?:~: '.:'J {.'..'~: ,;-0:" ,4~~:~~,?"j-);~,}~;~NESS WHE~EOF, the parties hereto have set their hands and seals the day t~'!i?~rt~t~~~~~~\ above written, \;~~. ~~"":~'''~L \. \,/~:~~.:.,; :# I:' ;;'", (SEM::) "', "Yll r\\..~,.:~-qES:~ 'D~NY L, KOLHAGE, CLERK ~~~~ Uep./ty Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA cS By (SEAL) ATTEST: THE MARKET SHARE COMPANY BYV.~ Title --- By Title jconvyearend PAYMENT SCHEDULE PHASE 1 $6000 corresponding to subparagraph 2(a) . Commissioner's biographies and personal messages compiled and written . Professional photographs of commissioners, individual and group complete . Professional photographs of county staff, individual and group complete · General photography of county services operations and various highlight photos complete . County administrator intro and overview written . County history written . County highlights by division written PHASE 2 $6000 corresponding to subparagraph 2(b) . Final approval of all copy by county . Financial statistics compiled and ready for graphs and chart . Design of publication complete including page design and color placement PHASE 3 $6000 corresponding to subparagraph 2(c) . Final mechanicals complete and ready to ship to printer . Final plan for arranging distribution BACKGROUND Monroe County is interested in preparing an End of the Year Publication depicting and highlighting the activities of Monroe County in calendar year 1999 and the County's financial status, It is the interest of the County to have a request for proposals for the complete process of compiling and designing this publication for distribution to citizens of the County, This End of the Year Publication will give to the citizens of Monroe County information concerning how the County operates, with pictures of different activities of County Government services, statistics, and narrative to assist citizens in understanding their Government. This is the first time that Monroe County has solicited for an End of the Year Publication RFP. This type of publication has been done in many other Counties of Florida on a yearly basis, The County has samples of publications that it has received from other Counties for the interest of firms who are applying to the RFP. This RFP basically will cover a publication that will be put together in the period of December, 1999 for publication and distribution no later than March, 2000, All interested parties should contact the Monroe County Purchasing Office at (305) 292-4465 for additional information or details concerning the End of the Year Publication project, as per the process described in this documentation, ELEMENTS OF SERVICE The Board of County Commissioners is seeking firms that can provide the following services for this project: * Provide overall management, coordination, and operation to combine all the different factors in an End of the Year Publication, * Provide for the compilation and distribution of the End of the Year Publication, * Provide specific costs for the printing and distribution of the End of the Year Publication, * Cooperate with staff to coordinate the activities of the various divisions and departments of the County to provide written information, interviews, and photographs, for the compiling of the End of the Year Publication. Prepare and organize narrative and statistical information, ANTICIPATED SCHEDULE The anticipated schedule for award of this contract is in December, 1999, The anticipated schedule for beginning work is December, 1999 with distribution no later than March, 2000, 2 PROPOSALS SHOULD CONSIST OF THE FOLLOWING 1. A statement of the proposer's previous experience in producing End of the Year (or similar) Publications, and media publications is requested, supporting documentation must be attached, 2, A list of principals involved in proposer's entity and their participation in other related activities, such as putting together a publication of this type, 3. Identification of the staff, background, and credentials including any preVIous experience in End of the Year Publications or related publications, 4, Provide a current list of clients and list of references, 5. An organizational chart showing relationship among proposer's entity and staff Location of proposer's main office and any local offices, 7. Statement of familiarity with and work in Monroe County. TERM OF AGREEMENT This agreement will be for a 3 month period commencing in December, 1999 ending no later than March, 2000. SELECTION PROCESS A review committee will review all responses and develop a short list of the most qualified firms submitting for this RFP, The County Administrator and his Assistants may select the best qualified firm from the short list submitted for the RFP. The County will not be liable for any costs incurred by the proposers in connection with such interviews or presentations or information regarding the RFP submission, The review committee for the selection process for the end of year RFP will consist of the County Administrator, the Community Services Director and the Director of the Office of Management and Budget for the County. There should be no direct contact with members of the review committee in reference to this RFP but, contact and specific questions may be addressed to Purchasing Office, 5100 College Road, Public Service Building, Cross Wing, Room 002, Key West, FL 33040, Fax (305) 292-4515, Phone (305) 292-4465. SCOPE OF SERVICES The End of the Year Publication provider services shall include but not be limited to the following: 1. Develop, recommend, implement and publish an annual End of the Year Publication for Monroe County, 2. Create, design, assemble, and produce an End of the Year Publication program to most effectively demonstrate Monroe County to the citizens for the year 1999. 3. Assist in the selection of a printer and oversee the printing and distribution operation, 4, The ability to work closely with the Administrator, Community Services Director and his staff, the Division Directors, and Department Heads in Monroe County Government to solicit information and statistics to be used in the End of the Year Publication for distribution is paramount to the Scope of Services, 3 SPECIFICATIONS The following items must be included in any proposal: 1, The name and address of the Agency or business that is authorized to do business in Florida and the contact individual or corporate officer authorized to execute contracts, 2, Briefly describe the agency, date of establishment, ownership, and organizational structure. 3, Briefly describe the agency's capabilities. 4, List industry awards or recognition given the firm, preferably for advertising, End of the Year Publications, and promotions, 5, Demonstrate the ability to gather information, collate information, and put the End of the Year Publication together, and distribute it within a ninety (90) day period commencing December 1, 1999 through March 31, 2000, 6. Provide costs for services for the End of the Year Publication. 8. Provide "footnote sources" in the End of the Year Publication. 9. Provide the end product of the End of the Year Publication on disc compatible with the Monroe County computer system (Microsoft Word 97). This should also accept input from Microsoft Office files, The output should be exportable to PDF format. This must also have HTML with links (Internet), FEE STRUCTURE: Methods of compensation based on production costs, placement and agency mark up expenses will be discussed and negotiated after agency selection with written information required by the Request for Proposals in the performance of the oral/visual presentation and information received from the bidder. The agency selection from a request for proposals presentation in no way constitutes a commitment of Monroe County until a contract is agreed upon by both parties, AGENCY PRESENTATION OUTLINE The Agency shall provide a presentation outline in writing and visually to the County Administrator for final consideration of the award of this contract for an RFP for an End of the Year Publication on Monroe County Government. Written portions of all proposals become the property of Monroe County upon receipt and will not be returned to the bidder. Monroe County shall have the right to use all ideas or adaptations of the ideas contained in the proposal received in response to this request for proposal. Selection or rejection of the proposal will not effect this right, No bidder initiated contact regarding this request for proposal or bidders proposals shall be allowed between the bidder and the members of the reviewing committee, 4 Written questions concerning the RFP should be submitted in writing to the Purchasing Office at least 10 days prior to the closing date and will be answered five days prior to the closing date of December 7, 1999. Written questions shall be faxed to the Purchasing Office at the following number: (305) 292-4515, 5 01/03/2000 13:47 8132871041 INTERISK PAGE 02 Ex~'\ 'o,-\- 1) I NTERISK CORPORA TION Ri.k Manapnerll Employee Benefits H 11 N ozth W catahOOil Boulevard Suite 208 Tampa, FL 33607-4711 Phone (813) 287-1040 Faceimile (813) 287-1041 Conlultanu January 3. 2000 Mr. Wayne Robert1oD Risk Manager Monroe C<Mlly 5100 College Road. Room 205 Key West, Florida 33040 Re: /".",QIICe R<</ulrtUIIDIU lor tile Pr~ t1/ YetU'-EIItl Pu#1lklltiM Dear Wayne: Your facsimile along with the proposed agreaneat for the prepanWcm of a County Year &d Publication bas been reviewed and it is ~ that the publisher be required to maintain the foUowin8 insuranCe. Limits W/C- Statutory ElL - $100 000/$500 000 5300 000 CSL $1 million. C FonD Cover Workers' Cocnpeosatioo wel GLl See Attacbed The County's Guide to Conuact Administration does not contain Media Liability laquaac. ~ language bas been auached that call be used for 1his agreement, It is critieal to note that 1be staDdatd Media Liability policy docs DOt include oow:rage fOr erron 8Dd omissioas of the publisher, It is tllll1lhe important that the publitber have its policy cndoned to include Errors and Omission acta. 01/03/2000 13:47 8132871041 INTERISf< PAGE 04 GENERAL LJABll.JTY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNlY AND Prior to the commencement of work governed by this contract, the Publish<< shall obtain Media Liability Insurance, Coverage shall be maintained throughout the life of the cootraet and include, as a minimum: . Libe~ Slander and Defamation of Character . Patent and Copyright lnfiingement . Errors and Omissions The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) An Occurrence Form policy is preferred. If coverase is provided on a Claims Made policy, its provisions should i~lude 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 acceptanee of work by the County, Monroe County shall be named as Additional Insured on all policies issued to satisty the above requirements, . FROM : MARKET SHARE : FANTASY FEST PHONE NO, : 305 294 3335 Jan. 07 2000 i0:27AM Pi COMPANY Please deliver the following to S~n D LJ / Fax number 305- - 29f(-~~/? From De Ej3; b ~l)~AZ.D Date 1- ~-IJO Total pages this transmission ~ (includes this page) Regarding f?k-pb~-r .;;;.. ..:vJ5dR.~tJe Comments /f11~M!I; tfk W;~~ ~AAd ~ A.t. (I. Il .z - ~ e. ()I. ~Alec - 6J/lj~/N#L ~ r;::dO~=-C~CO:' ~~~~k !;t;k6 received this fax in error, please call 305-296-5596. , ADVERTISING · MARKE'XING · PUBLIC RELATIONS THE MARKET SHARE Co.. P.O.BoX 1077. KEY WEST, FL 33041 (305) 296-5596 . FAX (305) 294-3335