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Item D4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: FEBRUARY 16, 2011 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person /Phone #: Maxine Pacini 296 -1552 AGENDA ITEM WORDING: Approval to advertise a Request for Proposal for a Cultural Umbrella for the Monroe County Tourist Development Council (TDC) to act as a Countywide Cultural Umbrella to make recommendations to the TDC and County concerning funding for tourism related Cultural activities. ITEM BACKGROUND: TDC approved same at their meeting of January 25, 2011 PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: None BUDGETED: Yes No COST TO COUNTY: None SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB /Purchasing X Risk Management X DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 NOTICE OF REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on April 5, 2011 at 3:00 P.M. at the Monroe County Purchasing Office, the Board of County Commissioners of Monroe County, Florida, Nvill open sealed proposals for the folloNving: CULTURAL UMBRELLA FOR MONROE COUNTY TOURIST EVEL ENT COUNCIL F -T C- - U CV Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR httn:// www. co. monroecounty- fl.2ov /na2es /msd /bids.htm or call toll -free at 1- 800- 711 -1712. The Public Record is available at the Purchasing Office located at the Gato Building, 1100 Simonton Street, Key West, FL 33040. All questions should be directed to the Administrative Office of the Tourist Development Council by phoning (305) 296 -1552. Any addenda to this Request for Proposals (RFP) shall be distributed to vendors on the list of DemandStar distributees for this RFP. Proposers must submit one (1) signed original, one (1) disc with complete copy of proposal as a .pdf, and two (2) complete paper copies altogether in 1 sealed envelope /box clearly marked on the outside, with the Proposer's name and "Sealed Proposal In Response to Request for Proposals for Cultural Umbrella Services for the Monroe County" Tourist Development Council (TDC) addressed to: Monroe County Purchasing Office 1100 Simonton Street, Room 1 -213 Key West, FL 33040 Phone: (305) 292 -4466 Fax: (305) 292 -4465 All proposals must be received by the County Purchasing Office before 3:00 P.M. on April 5, 2011, Any proposals received after this date and time Nvill be automatically rejected. Materials may be delivered by Certified Mail, Return Receipt Requested, hand - delivered or couriered. Faxed or e- mailed proposals Nvill be automatically rejected. Hand delivered Proposals may request a receipt. If sent by mail or by courier, the above - mentioned envelope shall be enclosed in another envelope addressed to the Monroe County Purchasing Office at the address stated above. Proposers should be aware that certain "express mail" services Nvill not guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each Proposer to ensure its proposal is received in a timely fashion. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission stated above. The Board Nvill automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of Management Services, State of Florida, under Sec. 287.133(3)(d), Florida Statutes (1997). Monroe County declares that all or portions of the documents and Nvork papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. The recommendation, including a contract, -,will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or other in the best interest of the County. The Board reserves the right to reject any and all proposals, to waive informalities in any or all proposals, to re- advertise for proposals; and to separately accept or reject any item or items and to award and /or negotiate a contract in the best interest of the Countv. Dated at Key West this day of April, 2011 Cultural Umbrella Request for Proposals - 2011 7 1 A ji Ilk 31V T WE ff , Ms. Rita Irwin Mr. James Bernardin Mayor Heather Carruthers Mayor Craig Cates Mr. George Fernandez Ms. Ronnie Harris Mr. Lou Hernandez Mr. Jay Marzella Mr. Douglas Wright Marketing Director Harold Wheeler All responses submitted to this solicitation should be addressed to and received no later than 3:00 p.m. on April 5, 2011 at: I 100 Simonton Street, Room 1-213 K-ey West, Florida 33040 Cultural Umbrella Request for Proposals - 2011 2 TABLE OF CONTENTS Page SECTION ONE Instruction to Proposers 4 SECTION TWO General Terms and Conditions 10 Terms and Conditions Specific to Cultural Umbrella RH' 12 SECTION FOUR Draft Contract 14 SECTION FIVE Insurance Requirements 21 SECTION SIX County Response/Bid Forms 23 Cultural Umbrella Request for Proposals - 2011 SECTION ONE INSTRUCTION TO PROPOSERS 1.01 DESCRIPTION The Proposer awarded a contract shall provide Cultural Umbrella services for Monroe County. The contract will provide for the Cultural Umbrella to act as a Countywide Cultural Umbrella to make recommendations to the Tourist Development Council (TDC) and Board of County Commissioners (County) concerning funding for tourism related Cultural activities for Monroe County. 1.02 COPIES OF BIDDING DOCUMENTS A. Only complete sets of Bidding Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Bidding Documents may be obtained in the manner and at the location stated in the Notice of Request for Proposals. 1.03 PROPOSAL REQUIREMENTS Proposers must submit one (1) signed original, one (1) disc with complete copy of proposal as a .pdf, and two (2) complete paper copies. 1.04 DISQUALIFICATION OF PROPOSERS A. NON - COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response to this invitation must execute the enclosed Non - Collusion Affidavit. If it is discovered that collusion exists among the Proposers, the bid or proposals of all participants is such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC 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 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 constriction or repair of a public building or public work, may not submit bids on leases or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any Public 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. C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed Drag -Free Workplace Form and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. Cultural Umbrella Request for Proposals - 2011 1.05 EXAMINATION OF RFP DOCUMENTS A. Each Proposer shall carefully examine the RFP and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Proposer will in no way relieve him of the obligations and responsibilities assumed under the contract. B. Should a Proposer find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Proposer as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective Proposers prior to the established bid opening date. Each Proposer shall acknowledge receipt of such addenda in the space provided therefore in the bid form. In case any Proposer fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Proposer will be bound by such addenda, whether or not received by him. It is the responsibility of each - Proposer to verify that he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The - Proposer is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, riles, and regulations that in any manner affect the work. 1.08 PREPARATION OF RESPONSES Signature of the - Proposer: The Proposer must sign the response forms in the space provided for the signature. If the - Proposer is an individual, the words "doing business as or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Proposer is a corporation, the title of the officer signing the bid on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the bid must be submitted. The - Proposer shall state in the response the name and address of each person interested therein. 1.08.1 SUBMISSION OF RESPONSES A. Proposers must submit one (1) signed original, one (1) disc with complete copy of proposal as a ,pdf, and two (2) complete paper copies. Cultural Umbrella Request for Proposals - 2011 5 B. The f Proposal shall be submitted in a sealed envelope, which shall be marked so as to clearly indicate its contents and the name of the Proposer. If forwarded by mail, the above - mentioned envelope shall be enclosed in another envelope addressed to the Monroe County Purchasing Office at the address stated in the Notice of Request for Proposals, and preferably by special delivery, registered mail; if forwarded otherwise than by mail, it shall be delivered to the same address. R-e Proposals will be received until the date and hour stated in the Notice of Request for Proposals. C. Each Proposer shall submit with his bid the required evidence of his qualifications and experience, as outlined in Article 1.09. 1.09 CONTENT OF SUBMISSION The original proposal submitted in response to this RFP shall be typed on 8 -1/2" x I F white paper and stapled together in left corner; shall not be bound; shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized and Sections noted in top right hand corner of paper. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer must submit adequate documentation to certify the Proposer's compliance with the County's requirements. Proposer should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Proposer's overall evaluation. The following information, at a minimum, shall be included in the Submittal: A. Cover Page A cover page that states "REQUEST FOR PROPOSALS FOR CULTURAL UMBRELLA SERVICES The cover page should contain Proposer's name, address, telephone number, and the name of the Proposer's contact person. B. Tabbed Sections Section 1. Proposer's Approach to this Project The Proposer shall provide a history of the firm or organization, its mission, and how it sees the mission of the contract to be awarded pursuant to this RFP process. How will the Proposer converge the mission of itself and the mission of the contract? Section 2. Narrative Self - Analysis Proposer shall provide a narrative self - analysis of its strengths, weaknesses, and how each will impact the performance of the contract. Cultural Umbrella Request for Proposals - 2011 E� Section 3. References Each Proposer shall provide at least two (2) references, preferably of Florida local government, accounts for which the Proposer has provided the same or similar services during the past three (3) years. Each reference shall include, at a minimum: Name and full address of reference organization Name of contact person for contract Telephone number(s) Date of initiation of contract with reference Brief summary comparing the referenced services to these proposed services Section 4. Accounting and Bookkeeping Procedures Proposer shall account for all revenues and expenses related to the provision of services under this contract pursuant to generally accepted accounting principles. Section 5. Cultural Umbrella Services Proposer shall provide a listing of Cultural Umbrella services, with specific descriptions that will be offered under the contract. Section 6. Staffing a) Proposer shall include a list of the proposed staff positions that will provide the work required if awarded this contract. The listing shall include any staff whose function will be to review, evaluate and make recommendations regarding the services such as: media director or planner, media buyers, creative, production /traffic accounting and account supervision personnel, and whether the staff is located in -house or sourced out. b) List the total number of staff and list the number and type of minorities, using the Federal definitions, included in the staff. Section 7. Pending Litigation The Proposer shall describe any pending litigation in which the Proposer is involved as a result of provision of any services which are described herein. Section 8. County Bid Forms Proposer shall complete and execute the bid forms specified below and found at the designated pages in this RFP, and shall include them in the Section 8: Cultural Umbrella Request for Proposals - 2011 rI Pages Response Form 25 Non - Collusion Affidavit 26 Ethics Clause 27 Drug Free Workplace 28 Local Preference Form 29 Cultural Umbrella Request for Proposals - 2011 rI Copies of all professional and proof of business tax shall be included in this Section. Section 9. Other Information Provide any additional information which will present evaluators with insight about the qualifications, fitness and abilities of Proposer. 1.10 MODIFICATION OF RESPONSES A. Written modification will be accepted from Proposers if addressed to the County and address indicated in the Notice of Request for Proposals and received prior to bid due date and time. B. A Proposer may modify his response by electronic communication at any time prior to the scheduled closing time for receipt of responses, provided such electronic communication is received prior to the closing time, and provided further, the County is satisfied that a written confirmation of the electronic modification over the signature of the Proposer was mailed prior to the closing time. The electronic communication should provide the addition or subtraction or other modification. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the electronic modification. 1.11 RESPONSIBILITY FOR RESPONSE The Proposer is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.12 RECEIPT AND OPENING OF RESPONSES °�� Proposals will be received until the designated time and will be publicly opened and read aloud at the appointed time and place stated in the Notice of Request for Proposals. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Proposers or their authorized agents are invited to be present. 1.13 DETERMINATION OF SUCCESSFUL PROPOSER 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. R &sI3,eg � lapasals which contain modifications 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 Proposers, and the contract documents, may be rejected at the option of the County. 1.14 AWARD OF CONTRACT A. The County reserves the rights to award separate contracts for each service area and to waive any informality in any response, or to re- advertise for all or part of the work contemplated. If Cultural Umbrella Request for Proposals - 2011 8 responses are found to be acceptable by the County, written notice will be given to the selected Proposer(s) of the award of the contract(s). B. If the award of a contract is annulled, the County may award the contract to another Proposer or the work may be re- advertised or may be performed by other qualified personnel as the County decides. C. A contract will be awarded to the Proposer deemed to provide the services which are in the best interest of the County. D. The County also reserves the right to reject the response of a Proposer who has previously failed to perform properly or to complete contracts of a similar nature on time. E. All responses, including the recommendations of the TDC, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. 1.15 EXECUTION OF CONTRACT The Proposer to whom a contract is awarded will be required to return to the County one (1) executed counterparts of the prescribed contract together with the required certificates of insurance. 1.16 INSURANCE The Contractor shall defend, indemnify and hold harmless the County as outlined on the attached form on page 23. 1.17 LOCAL PREFERENCE When reviewing responses, preference will be given to business entities or individuals residing and doing business within the geographical limits of Monroe County, Florida. 1.18 EVALUATION CRITERIA Award shall be made to the responsible Proposer whose proposal is determined to be the most advantageous to the County, taking into consideration the evaluation criteria set forth below: 1 = lowest 70 = highest Cultural Umbrella Request for Proposals - 2011 9 SECTION TWO GENERAL TERMS AND CONDITIONS 2.01 DEFINITIONS Wherever used in these General Conditions or in the other contract documents the terms below have the meanings indicated which are applicable to both the singular and plural thereof. The use of the terms "he," "him," "himself," or "his" shall refer to male and female persons alike and should not be construed as derogatory or discriminatory to female persons. Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding documents or the contract documents. Bidding Documents - The advertisement or invitation calling for qualifications, instructions, and forms contained in this Request for Proposals (Response Form, Non - Collusion Affidavit, Lobbying and Conflict of Interest Clause, Drug Free Workplace) and the proposed contract documents (including all addenda issued prior to receipt of responses). Contract Documents - The bid documents, contract, addenda (which pertain to the contract documents), the Contractor's proposal or response (including documentation accompanying the response and any post- response documentation submitted prior to the notice of award) when attached as an exhibit to the contract, these General Conditions, together with all amendments, modifications, and supplements. Contract Price - Successful Proposer will be considered an Advisory Committee to make recommendations on the expenditure of TDC generic Cultural Umbrella allocations and as such shall receive no remuneration for such activities. Contract Time - The Contract shall be in force and binding on the County and the Contractor for a period of three (3) years with an option extend for one additional two (2) year period from the effective date of the contract. Contractor - The person, firm, or corporation with whom the County has entered into the contract. Effective Date of the Contract - The date indicated in the contract on which it becomes effective, but if no such date is indicated it means the date on which the contract is signed and delivered by the last of the two parties to sign and deliver. Laws and Regulations; Laws or Regulations - Laws, riles, regulations, ordinances, codes and /or orders. Notice of Award - The written notice to the apparent successful Proposer stating that upon compliance by the apparent successful Proposer with the conditions precedent enumerated therein, within the time specified, the County will sign and deliver the contract. Cultural Umbrella Request for Proposals - 2011 Owner - The Monroe County Board of Commissioners with whom the Contractor has entered into the contract and for whom the work is to be provided. Specifications - Those portions of the contract documents consisting of written technical descriptions of materials and services required under the contract. Written Amendment - A written amendment of the contract documents, signed by the County and the Contractor on or after the effective date of the contract. 2.02 CONTRACTOR'S RESPONSIBILITIES 2.02.1 Supervision and Personnel The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract documents. 2.02.2 Parts, Materials and Equipment Unless otherwise specified in the contract, the Contractor shall furnish and assume full responsibility for all services, materials, equipment, labor, transportation, machinery, tools, and all other incidentals necessary for the completion of the work. 2.02.3 Records The Contractor shall record maintenance activities in a maintenance log, which shall contain all pertinent information. Contractor shall be required to maintain records pertaining to the contract for five (5) years after the termination of the contract. 2.02.4 Taxes The Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by the Contractor in accordance with the laws and regulations of the place of the project which are applicable during the performance of the work. 2.02.5 Compliance with Laws The Contractor shall comply with all applicable laws and regulations of federal, state and local governments. 2.02.6 Failure to Execute Required Forms Failure to execute the required forms shall result in the Proposer being disqualified and its response will be rejected. Cultural Umbrella Request for Proposals - 2011 SECTION THREE SPECIFICATIONS, SPECIFIC CONDITIONS RE: CULTURAL UMBRELLA The Monroe County Tourist Development Council (TDC) provides an annual budget allocation (Cultural Umbrella) for the marketing and promotion of cultural events, throughout the Florida Keys. The TDC is seeking a nonprofit organization to oversee the Cultural Umbrella who acts as an advisory committee to the TDC, making recommendations for the expenditure of promotional and advertising funds to cultural events throughout Monroe County. Proposer shall provide Cultural Umbrella services for the County as described below: A. Proposer shall be a not - for - profit organization that will plan and administer with respect to cultural related activities, on behalf of Monroe County Tourist Development Council, the following: 1. Proposer shall administer TDC policies and procedures which will distribute on an equitable district -wide percentage basis those monies recommended for all TDC qualified cultural events. Proposer will accept applications for the events on an annual basis. 2. Proposer shall advertise the availability of the Cultural Umbrella program through which event coordinators may apply for promotional funding. The advertisement shall be placed at a minimum, in a newspaper of general circulation, in each of the three primary areas of the county, to wit: Lower Keys, Middle Keys and Upper Keys. The advertisement shall give notice of the availability of funding, the restriction of such funding to promotional expenditures, and any other information which the Proposer deems necessary to conduct the Cultural Umbrella program. The Proposer may place the advertisements and be reimbursed pursuant to paragraph 3, or may request the TDC to place the advertisements and pay the newspapers directly by providing details in writing. 3. Proposer shall conduct at least three (3) workshops each year, one per area of the Florida Keys (Lower Keys, Middle Keys, Upper Keys), within two weeks after the release of the request for application, to explain the application process to all potential applicants. 4. All meetings related to the administration of the Cultural Umbrella shall be open to the public and properly noticed, in conformity with the same riles as required for all governmental meetings under F.S. 286.011. 5. The TDC administrative office shall receive a copy of the agenda of any Cultural Umbrella meetings /workshops at least seven (7) days prior to said meeting/workshop. 6. Proposer shall recommend funding for events in each district proportionate to the total revenues generated by each district. If the Cultural Umbrella does not allocate all the funds earmarked for direct event funding within a district, the remaining funds shall be allocated and utilized to advertise that specific district as recommended by the Cultural Umbrella. 7. Upon the request of the TDC, Proposer shall be required to provide a representative at a public meeting to address Cultural Umbrella issues and /or make a presentation. 8. The recommendations of the Cultural Umbrella Committee shall be submitted to the TDC for consideration prior to adoption of TDC annual budget each year, but Proposer has no final authority to require TDC to adopt its recommendations. TDC will then make recommendations to the County for allocation of funds and contracts with each individual recipient. Cultural Umbrella Request for Proposals - 2011 12 9. Proposer shall make recommendations to the TDC by those members who shall sit on the Cultural Umbrella Recommendation Committee. There shall be five (5) members, one each representing the five TDC districts. Recommended appointments will be approved by the TDC. Any subsequent changes to the Recommendation Committee shall be provided in writing to the TDC administrative office for approval by the TDC. 10. Proposer shall not receive any administration compensation, directly or indirectly, out of the TDC Cultural Umbrella funds. 11. Proposer shall make recommendations for changes in TDC policies pertaining to the Cultural Umbrella as it deems appropriate and shall submit such recommendations for TDC and County approval. Cultural Umbrella Request for Proposals - 2011 13 SECTION FOUR DRAFT CONTRACT Cultural Umbrella Request for Proposals - 2011 14 DRAFT CULTURAL UMBRELLA CONTRACT THIS CONTRACT is entered into this day of 2011, by and between Monroe County, a political subdivision of the state of Florida, ( "County ") and the (insert name of entity) WITNESSETH: WHEREAS, County desires to contract with entit so that the (entity) will act as a countywide Cultural Umbrella to make recommendations to the Monroe County Tourist Development Council (TDC) and County concerning funding for tourism related cultural activities; and WHEREAS, (entity) is qualified and able to act as a Cultural Umbrella organization and to provide these recommendations; NOW, THEREFORE, the parties agree as follows: 1. Term The term of this contract is for a three year period commencing October 1, 2011 and terminating September 30, 2014. Upon the recommendation of the TDC, the County may exercise an option for an additional two (2) years upon giving written notice to the entit no less than sixty (60) days prior to September 30, 2014. Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the County. 2. Scope of Services entit will provide the following services: a. (entity) shall administer TDC policies and procedures which will distribute on an equitable district -wide percentage basis those monies recommended for all TDC qualified cultural events. The entit will accept applications for the events on an annual basis. b. (entity) shall advertise the availability of the Cultural Umbrella program through which event coordinators may apply for promotional funding. The advertisement shall be placed at a minimum, in a newspaper of general circulation, in each of the three primary areas of the County, to wit: Lower Keys, Middle Keys and Upper Keys. The advertisement shall give notice of the availability of funding, the restriction of such funding to promotional expenditures, and any other information which the (entity) deems necessary to conduct the Cultural Umbrella program. The entit may place the advertisements and be reimbursed pursuant to paragraph 3, or may request the TDC to place the advertisements and pay the newspapers directly by providing details in writing. c. entit shall conduct at least three (3) workshops each year, one per area of the Florida Keys (Lower Keys, Middle Keys, Upper Keys), within two weeks after the release of the request for application, to explain the application process to all potential applicants. d. All meetings related to the administration of the Cultural Umbrella shall be open to the public and properly noticed, in conformity with the same riles as required for all governmental meetings under F.S. 286.011. e. The TDC administrative office shall receive a copy of the agenda of any Cultural Umbrella meetings /workshops at least seven (7) days prior to said meeting /workshop. f. (entity) shall recommend funding for events in each district proportionate to the total revenues generated by each district, up to the maximum allocated by the County for cultural events in any given fiscal year as outlined in paragraph 3(a), below. If the Cultural Umbrella does not allocate all the funds earmarked for direct event funding within a Cultural Umbrella Request for Proposals - 2011 15 district, the remaining funds shall be allocated and utilized to advertise that specific district as recommended by the Cultural Umbrella. g. Upon the request of the TDC (entity) shall be required to provide a representative at a public meeting to address Cultural Umbrella issues and /or make a presentation. h. The recommendations of the Cultural Umbrella Committee shall be submitted to the TDC for consideration prior to adoption of TDC annual budget each year, but (entity) has no final authority to require TDC to adopt its recommendations. TDC will then make recommendations to the County for allocation of funds and contracts with each individual recipient. i. (entity) shall make recommendations to the TDC by those members who shall sit on the Cultural Umbrella Recommendation Committee. There shall be five (5) members, one each representing the five TDC districts. Recommended appointments will be approved by the TDC. Any subsequent changes to the Recommendation Committee shall be provided in writing to the TDC administrative office for approval by the TDC. j. (entity) shall not receive any administration compensation, directly or indirectly, out of the TDC Cultural Umbrella funds. k. (entity) shall make recommendations for changes in TDC policies pertaining to the Cultural Umbrella as it deems appropriate and shall submit such recommendations for TDC and County approval. 3. Funding: a. The County shall allocate from tourist development tax funds, an amount not to exceed Six Hundred and Ninety Five Thousand and Eight Hundred dollars ($695,800.00 — this may change in final contract) for the contract year ending September 30, 2012, of which no less than thirty per cent (30 %) will be spent on generic cultural advertising. For each of the remaining years, under the contract, County shall allocate from tourist development tax funds such amounts as are established within the TDC budget approved by the County prior to each fiscal year. The budget for period ending September 30, 2012 is attached hereto as Exhibit A and incorporated herein. Monroe County and TDC will fund, through its Advertising and Public Relations agencies of record, costs of promotion and advertising of cultural events: (1) directly to vendors upon receipt of properly approved invoices or (2) reimburse the event coordinator upon receipt of properly approved paid invoices and evidence of payment, subject to availability of funds. b. No salary, bonus, or other compensation will be paid directly or indirectly out of the County's Cultural Umbrella funds, and no Cultural Umbrella funds shall be used in the computation of any salary, bonus or other compensation to any person. c. Administrative costs, including but not limited to salaries, transportation costs, and mailing were previously paid by the predecessor contractor and therefore pursuant to County Resolution No. 316 -2001, shall be borne entirely by the (entity). d. There shall be no action by entit which has the effect of reducing in anyway the amount of TDC and (entity) money used for advertising, promotion or any programs of either entity. 4. Termination: The contract may be terminated by either party with or without cause with 120 days prior written notice. 5. Accounting Records of the entit pertaining to this contract shall be kept pursuant to generally recognized accounting principles, acceptable to Monroe County, and shall be available to the Cultural Umbrella Request for Proposals - 2011 16 County or to an authorized representative for audit, or for records made available pursuant to Chapter 119, Florida Statutes. 6. Modification Additions to, modification to or deletions from the provisions set forth in this contract shall be effective only in writing and approved by the parties. 7. Indemnification and Hold Harmless The (entity) agrees to indemnify and hold Monroe County and the Monroe County Tourist Development Council harmless for any and all claims, liability, losses and causes of action which may arise out of its fulfillment of the contract. It agrees to pay all claims and losses, including related court costs and reasonable attorney's fees, and shall defend all suits filed due to the negligent acts, errors or omissions of the (entity) employees and /or agents. 8. Taxes The County and TDC are exempt from federal excise and State of Florida sales and use tax. 9. Finance Charges The County and TDC will not be responsible for any finance charges. 10. Relationship It is the intent of the parties hereto that the (entity) shall be legally considered as an independent contractor and that neither it nor its employees or agents shall, under any circumstance, be considered servants or agents of the County and TDC. County and TDC shall at no time be legally responsible for any negligence on the part of the Event Sponsor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 11. Disclosure The (entity) shall be required to list any or all potential conflicts of interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinance. The (entity) shall disclose all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interests of the County and TDC. 12. Assignment The entit shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the County and TDC. 13. Compliance with Laws — Non Discrimination: (entity) shall comply with all international, federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, age, or national origin in the performance of work under this contract. This contract shall be subject to all international, federal, state, and local laws and ordinances. 14. Force Majeure Neither County nor (entity) shall be liable for delay in performance or failure to perform, in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought, or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the entit has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of this contract. Cultural Umbrella Request for Proposals - 2011 17 15. Governin4 Law /Venue This contract shall be governed and construed by and in accordance with the laws of the State of Florida and constitutes the entire contract between the County and ( entity). Venue of any court action filed relative to this contract shall lie in Monroe County, Florida. 16. Anti - solicitation The (entity) warrants that no person has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member of the Monroe County government or the TDC has any interest, financially or otherwise in the (entity) or its subcontractors. 17. Severability If any provision of the contract shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this contract, or the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of the contract shall be valid and enforceable to the fullest extent permitted by law. 18. Notice Any notice required or permitted under this contract shall be in writing and hand - delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other party as follows: TO: County: AND Monroe County Administrator Director, 5100 College Road Key West, FL 33040 TDC Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 TO: (entity) (Insert address) County, through TDC, shall give notice to (entity) of any meetings at which there is an agenda item pertaining to Cultural Umbrella. 19. Ethics Clause The entit warrants that it has not employed, retained or otherwise had act on its behalf, any former County office or employee in violation of Section 2 or 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 the provision the County may, at its discretion terminate this contract without liability and may also, at 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 or present County officer or employee. 20. Public Entity Crime Statement: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response /bid on a contract with a public entity for the constriction or repair of a public building or public work, may not submit responses /bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Cultural Umbrella Request for Proposals - 2011 18 (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By Secretary Print Name OR (1) Witness Print Name (2) Witness Print Name Cultural Umbrella Request for Proposals - 2011 Board of County Commissioners of Monroe County Mayor /Chairman ( entit y) in President Print Name 19 EXHIBIT A (Example) FY 2011 BUDGET Umbrella Total Minimum of 30% generic cultural advertising DAC I 58% 282,652 DAC 11 5% 24,368 DAC III 15% 73,100 DAC IV 9% 43,860 DAC V 13% 63,350 Cultural Umbrella Request for Proposals - 2011 695,800 208,470 20 SECTION FIVE INSURANCE REQUIREMENTS MONROE COUNTY, FLORIDA Cultural Umbrella Request for Proposals - 2011 21 RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this contract. Cultural Umbrella Request for Proposals - 2011 22 SECTION SIX RESPONSE /BID FORMS Cultural Umbrella Request for Proposals - 2011 23 RESPONSE FORM RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1 -213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No. (s) I have included: The Qualifications Ethics Clause The Non - Collusion Affidavit Drug Free Workplace Form Local Preference Form (if applicable) In addition, I have included a current copy of the following professional and proof of business tax: (Check mark items above, as a reminder that they are included.) Mailing Address: Signed: (Name) (Title) Cultural Umbrella Request for Proposals - 2011 Witness: 24 Telephone: Fax: Date: (Seal) NON - COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of peq*uiy, depose and say that: Iam of the firm of the Proposer making the Proposal for the project described in the Notice for Request for Proposals for: and that I executed the said proposal with full authority to do so 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Proposer or with any competitor; 3. Unless otheitivise required by lave, the prices which have been quoted in this bid have not been knoNvingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to bid opening, directly or indirectly, to any other Proposer or to any competitor; and 4. 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 bid for the purpose of restricting competition; 5. The statements contained in this affidavit are true and correct, and made with full knoNvledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Proposer) STATE OF: COUNTY OF: (Date) PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being s-,vorn 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: Cultural Umbrella Request for Proposals - 2011 25 SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10 -1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (Signature) (Date) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his /her signature (name of individual signing) in the space provided above on this day of 20 NOTARY PUBLIC My commission expires: OMB - MCP FORM 44 Cultural Umbrella Request for Proposals - 2011 26 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender 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. Iinposes 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 firm complies fully with the above requirements. Proposer's Signature Date Cultural Umbrella Request for Proposals - 2011 27 LOCAL PREFERENCE FORM A. Proposers claiming a local preference according to Ordinance 023 -2009 must complete this form. Name of Proposer Date 1. Does the Proposer 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 Proposer have a physical business address located within Monroe County from which the Proposer 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? List Address: Telephone Number: B. Does the Proposer /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: Signature and Title of Authorized Signatory for Proposer STATE OF COUNTY OF Tel. Number Print Name: On this day of 20 , before me, the undersigned notaiy 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. Notaiv Public Print Name My commission expires: Cultural Umbrella Request for Proposals - 2011 28