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Item C05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 1/19/00 1/20/00 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES AGENDA ITEM WORDING: Approval of Advertising Agency Agreement with Anderson Outdoor Advertising to handle advertising at the Key West International Airport. DEPARTMENT: AIRPORTS ITEM BACKGROUND: The initial agreement with Anderson Outdoor Advertising was for a term of 18 months, OJ until the Terminal rehabilitation was complete. Upon completion of the Terminal, a new agreement was to be written, for a term of 5 years, with an option to extend for an additional 5 years. PREVIOUS RELEVANT BOCC ACTION: Approval of initial agreement, 7/17/96. STAFF RECOMMENDATION: Approval TOTAL COST: None BUDGETED: N/A REVENUE PRODUCING: Yes AMOUNT PER YEAR: $76,466.00 - FY 99 APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X ~ Peter J. Horton AIRPORT DIRECTOR APPROVAL DOCUMENTATION: Included X ITo Follow Not Required AGENDA ITEM # J,.( ~ DISPOSITION: /bev APB MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Anderson Outdoor Advertising Effective Date: 12/1/99 Expiration Date: 11/30/04 Contract Purpose/Description: Commercial Advertising Agent for the Key West International Airport Contract Manager: BeveUe Moore (name) # 5195 (Ext. ) J/I?/'J-ooo for BOCC meeting on: 11/Q/Q9 Airports - Stop # 5 (Department) Agenda Deadline: 10/27/99 1/ s / 'd- 000 CONTRACT COSTS Total Dollar Value of Contract: Revenue Producing Budgeted? N/A Grant: N/ A County Match: N/A Current Year Portion: N/A Account Codes: 404-344101 Estimated Ongoing Costs: N/A (not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Changes Needed Yes No A lit PO", ,... Director 12J~~ jD /~q9 :l--/<n-I~ ~~- ) (-/-) ) (/ / ( ) (0 ) ( ~anagement O.M.B./Purchasing County Attorney Comments: . Reviewer Date Out C?J+\- ~~~ ,/f2oj) (Aio/ to , Sf- j]J2.<\/]i ~ [:SIn ADVERTISING AGENCY AGREEMENT THIS AGREEMENT is entered into this day of , J 999, by and between the Board of County Commissioners, Monroe County, Florida, hereinafter referred to as the County, and Anderson Outdoor Advertising, hereinafter referred to as Contractor. WHEREAS. the County has determined that it is in the best interest of the County to contract for an advertising agent to handle all advertising at the Key West International Airport terminal; and / WHEREAS, the Contractor was the most responsive and financially beneficial bidder responding to the RFP for such serVices; and WHEREAS, the Contractor's proposal to the County contains a 50% revenue sharing and guaranteed minimum monthly payment of $3000 to the County; now, therefore IN CONSIDERATION of the below covenants and promises, the parties hereto do agree as follow: 1. TERM. The initial term of the Agreement is for a period of five (5) years beginning on December 1. 1999, with an option to extend for an additional five (5) years if the Contractor provides written notice of its desire to extend this agreement 30 days or more before the end of the initial five year term. 2. SCOPE OF SERVICES. The Contractor services shall include, but not be limited to, the following: Obtain advertisers, contract for space, install, service and maintain all advertising displays. The Contractor's proposal is attached hereto as Exhibits A, and B and incorporated herein. All services described in said proposal shall be included in the scope of services. All advertising shall be subject to approval by the Airport Manager, which approval shall not be unreasonably withheld. 3. REVENUE. All advertising income shall be divided 50% to Monroe County and 50% to the Contractor. 4. PA YMENT. All paymepts shall be made to the Lessor monthly by check for the prior calendar month. The monthly payment shall be the greater of the 50% of the prior month's advertising income or $3000. If any payment is not made within the first 15 days after the end of the month during which the advertising income was received by Contractor. the Contractor shall pay interest thereon. computed at the rate established under Sec. 55.03. FS. for the year in which the payment became overdue. With the prior approval of the capital expenditures by the Airport Manager, the Contractor is entitled to a waiver of payment on advertising revenue equal to 50% of the cost of capital acquisitions. 5. RECORDS. All records and documents pertaining to such advertising contracts shall be open to inspection during normal working hours, upon written request from the Airport Manager. the County, the Clerk of Court, or their representatives. All such records shall be retained by Contractor for a period of three years after the expiration of this Agreement. 6. RATE CONSULTATIONS. Contractor shall consult with the Airport Manager on the setting of advertising rates to insure that Monroe County receives as much revenue as possible, in line with rates that will insure fair market value of the available space. 7. LAWS AND REGULATIONS. Any and all services. materials and equipment provided under this Agreement shall comply fully with all local, state and federal laws and regulations. 8. TAXES. The County is exempt from federal excise and state of Flori.da sales f tax. 9. RELATIONSHIP OF PARTIES. The Contractor is an independent contractor and neither it nor its employees shall. under any circumstances, be considered servants or agents of the County; and the County shall at no time be legally responsible for any negligence or omission on the part of Contractor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. The Contractor shall be required to list any and all potential conflicts of interest as defined by Florida Statutes Chapter 112 and Monroe County Code and shall disclose to the County all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any clients' interest which may conflict with the interest of the County. 10. ASSIGNMENT. The Contractor shall not assign, transfer, conveyor otherwise dispose of this Contract or any or all of its right. title or interest therein, or its power to execute such contract to any person, company or corporation without prior written consent of the County. 11. COMPLIANCE WITH NON-DISCRIMINATION LAWS. The Contractor 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, age, or national origin in the performance of work under this Agreement. 12. INSURANCE. The Contractor shall maintain insurance coverage throughout the term of this contract in accordance with attachment "C". / 13. HOLD HARMLESS. The Contractor covenants and agrees to indemnify and hold harmless the Board of County Commissioners for Monroe County 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 under this Agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. 14. RULES AND REGULATIONS. 2 A. COMPLIANCE. Contractor shall comply with all ordinances of the County, including any reasonable rules and regulations with respect to use of Airport property, as the same may be amended from time to time, all additional laws, statutes, ordinances, regulations and rules of the federal, state and county governments, and any and all plans and programs developed in compliance therewith, which may be applicable to its operations or activities under this Agreement, including specifically, without limiting the generality hereof, federal air and safety lows and regulations and federal, state, and county environmental, hazardous waste and materials and natural resources lows, regulations and permits. B. VIOLA TIONS. The Contractor agrees to pay on behalf of the County any penalty, assessment, or fine, issued against the C00nty, or to defend in the name of the County any claim, assessment, or civil action, which may be presented or initiated,by any agency or office of the federal, state, or county governments, based in whole or substantial part upon 0 claim or allegation that the Contractor, its agents, employees or invitees have violated any low, ordinance, regulation, rule or directives described in 15(A) above. 15. GOVERNING LAW/VENUE. This Agreement shall be governed and construed. by and in accordance with the lows of the State of Florida and constitutes the entire agreement between the County and Contractor. Venue for any dispute shall be in Monroe County. 16. ENTIRE AGREEMENT/AMENDMENT. This writing embodies the entire agreement and understanding between the parties hereto, and there are not other agreements and understandings, oral or written, with reference to the subject matter hereof that ore not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 17. SEVERABILITY. If any provision of this Agreement sholl be held by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement or the application of such provision other than those as to which it is invalid or unenforceable shall not be effected thereby; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitting by low. 18. PERSONAL PROPERTY.' Any personal property of Contractor or others placed in the premises of the Airport shall be at the sole risk of the Contractor or owners thereof, and the County shall not be liable for any loss or damage. 19. NOTICE. Notices to either party as required by this Agreement shall be sufficient if sent by certified mail, postage prepaid, addressed to: For County Airport Manager Key West International Airport 3491 S. Roosevelt Blvd. Key West, FL 33040 For Contractor John H. Anderson, President Anderson Outdoor Advertising 1104 Truman Avenue Key West, FL 33040 ~ 20. NON-DISCRIMINATION. A. Contractor shall furnish all services authorized under this agreement on a fair, equal. and non-discriminatory basis to all persons or users thereof, charging fair, reasonable, and non-discriminatory prices for all items and services which it is permitted to sell or render under the provisions hereof. B. The Contractor for itself. his personal representatives, successors in interest. and assigns, as a part of the consideration hereof, does hereby covenant and agree that: 1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefifs of, or be otherwise subjected to discrimination in the provision or use of services; 2) that the Contractor shall use the Airport premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A. Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, Lessor shall have the right to terminate the lease and to re-enter as if said lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. 21. AUTHORIZED USES ONLY. The Contractor shall not use or permit the use of the Airport for any illegal or unauthorized purpose or for any purpose which would increase the premium rates paid by the County on, or invalidate, any insurance policies of the County or any policies of insurance written on behalf of the Contractor under this Agreement. 22. FEDERAL SUBORDINATION. This Agreement shall be subordinate to the provisions of any existing or future Agreement between the County and the United States of America relative to the operation and maintenance .of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development 6f the Airport. All provisions of this AGREEMENT shall be subordinate to the right of the United States of America. 23. RIGHTS OF COUNTY AT AIRPORT. The County shall have the absolute right. without limitation, to repair, reconstruct, alter or add to any structures and facilities at the Airport, or to construct new facilities at the Airport. The County shall, in the exercise of such right. be free from any and all liability to the Contractor for business damages occasioned during the making of such repairs, alterations and additions, except those occasioned by the sole act of negligence of the County, its employees, or agents. 24. RIGHTS RESERVED. Rights not specifically granted the Contractor by this Agreement are reserved to the County. 1 25. AUTHORITY. The Contractor's name in the Agreement is the full name as designated in its corporate charter and the signatory is empowered to act and contract for the Contractor. This Agreement has been approved by the Contractor's Board of Directors. 26. ETHICS CLAUSE. Contractor warrants that it has not employed, retained, or otherwise had act on its behalf any former County officer or employee in violation of Sec. 2 of Ordinance No.1 0-1990, or any County officer of employee in violation of Sec. 3 of Ordinance No. 10-1990. For breach or violation of this provision, the County may, at its discretion, terminate this Agreement without liability, and may also, at its discretion, add to the Agreement price or otherwise recover, the full ~mount of any fee, commission, percentage, gift, or considerati6n paid to the former or present County officer ,or employee. 27. PUBLIC ENTITY CRIME. 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman / (SEAL) Attest: ANDERSON OUTDOOR ADVERTISING By By ~I1L~/A jairiaod-t::? ..Y-^_ iLO Jvf c~ B ~ EXHIBIT 'A' / I ANQE RSC)N ..... ': ':"-'." . I 104 II limon .\ vt>nll(' Key We~1 f I 3]Ot1() 13051 y) 11()f)f~ A /Ill <ell Ie Jr'S COI In! (0) lur It <ell (QJ <OJ Jr Ad V<eJrlt r.~i Jill g I Kcy West Intcrnational Airport Alrpor1 Advcliisinz Proposal Anderson Ou/door Advenising Inc., and/or ils principal,John H. Anderson, have been engaged in /he Outdoor Advenising industry wi/hin the counties of Dade, Bmward, Monroe and Palm Beach, and Ihe cities of Dania and Cooper City, and Kcy Wcst, norida, and funher ticcnsed (or the entire State o( nOrida, for the more prccise purpose of Ownership, Management, Operation, Marketing and/or Conlml o( illumination and non-illul11inaled Outdoor Advenising Displays, since 1990. A mcmber in good standing wi/h Shelter Advenising Associalion, Traffic Audi/ BUI"au and the Key West Chamber of Commerce. Anderson Outdoor Advertising, Inc. desires 10 expand Ihe existing scope of its business (0 include in Airpori Advcrtising. Sincerely, / 1n Ii. Anderson PI"Csidcnf cliJDjJjYJ CYJrrxn ADVCRllSl~ EXHIBIT 'B' / I ANDE RS()N I Ii ~/1 ,! (.mt~fl'\ Vf'nlll' I" 'Y l'f(><,f :! {{()t1(l '\( i': lV' I :lOHH Schedule "B" I\n(kr~on Outdoor I\dv(~rti~ing, fne. AdveriJsing Acceptance Code We a I Anderson Ollldoor Advertisi ns, Inc. sha", I he pu blic i nleresl in I he environl11enl, pllo/ic health and in the public good. We are aWare Ihat shelter advertising 111 (onns, guides, direcls and wal'11s the seneral PllbJie "bolll Ihinss We mUsl COilS/de.. in OUr daily lives and We are (u rt her aware o( Ihe un.que abilily o( sheller advertising 10 deliver adve'1ising messages to Spec; fie demographic grDu ps. We slrongly encou rase Our clients to become actively involved in the communities Ihey .'erve and to be sensilive 10 the concerns o( those cOmmunilies. We encourage OUr members 10 contribule public service advertisemenls SUPPOrting community projects and Combaling Such activilies as drug use, alcohol abuse and drunk dl'ivinZ; We diSCouraged Ihe placemenl o( advert isemen Is (or products which are illegal (or "'Ie 10 minors on she/ter displays wilhin immediale view o( schools Or children's playgroullds. We also recoSllize Ihe sanclity o( established places o( Worship, and discOtlrage the placement o( Such advertisement inlrusive/y . adjacent to I hem as We 1/ . We (u rt he.. d iscou rage moral/ y offensive, (a Ise , misleading or deceptive adveliiscments. , / Mcmber of: Creakl' Key West Chamber of Comrnc/'cc Shelter AdvCHlSlnZ Association mjjJ0Y~ 0JTrxn ADVERnSIN::; ANDE RS()N '-' '.' '1\\ A JrndlceJrsOJnt (0) lur It <dl (01 01 Jr AdvceJr ItlSllnlg I 10-1 I,I/melll.^>. vefll/(-' Kry We..: r i :nOt1() un')l ,'Xl; ,1( )H~~ Transit Adveriisinz Specifications PropOsal Contents 1_ Company history, Proposal, including references. (Schedule "A") 2. Type or Advertising to be provided: a. Includes advenising rates, specific.ations, cost, and cost of installation per display. (Schedule "B" & "e") 3. Operating budget and 'revenue projections. 4. Percentage of revenue to be paid to the Key West International Airpon and payment schedule. 5. rnsurance Binder with Key West International Airport as additional i nsu red. a. liability agreement b. maintenance contract (Schedule "011) / 6. Commencement Schedule (Schedule "[II) JJDj}3~~ ~ NJVffiTLSING r r 04 Truman Avenue Key West, r/orida 33040 ANDERSON I 104 I, limon A VP.fll I( Key W P.~' f I .130'1( \ : .1n.\'t> I ,10RR Company would keep in force, dUring any agreed upon IeI'm, Ihe irisul'ance coverage I'Cq ul!'Cd. Th is wou Id i ncl u de those classi ficat ions as Iisled in Sla nda I"(j Liabilily Manuals which mosl neady !'CDect Ihe operations of Ihe contractors. (Schedule "0") Term 10 be negotiated between Company and County Commission. S PEC/FI CA TI 0 NS: Upon a wa rd, speci fica tion s for Ai I'pol1 Advert isi ng and t hej I' installalion, shall include the fOllowing: Installation shall be in acco"dance wilh all applicable codes. Including Monl'OC County Si(~n Code Ordinance. (See Schedule "C"). COSTS or INSTALLATION, MAINTENANCE AND REMOVAL: The company shall be solely !'Csponsible for all expenses wilh regard to the Airport Advertising, including but not limited to: a. Cosl of planning, malerials, labor and construction; all ;n accordance with plans and specifications contained herein, of any and all advertising within the Airport. b. All cosls of installation, maintenance and repair, and removal. c. The cosls required to inspect, clean, remove stains, remove ?,I'a ffi Ii, and 01 her delelerious material in and on the advertisi ng on a regu lar basis. d. To repair at company's, Own expense, all damaged 01' excessively. worn parts or any of thejr portions. e. All I'epaw/replacements parts shall be new and installed having 11I.~hcSI qualily of workmanship generally accepled in the Industry. r. LllSlInn.~ Ihe advertlsin?, posters remain In good condilion. aJjJ~~D~ OJTTXxJ( ADVERTISING ,",...lr ANQE RSc )N 1 I O~ I r um()I' .'i, VI';)t J( , Key We~1 I ,n \,,11' ! 3(}~! .)) 1 i( l~'~~) ADV[RTISINC: The company shall have the exclusive nghl 10 m<irkcl and In~talllmpnnled adveliislng on pr'Cscribcd ar'Cas within the Airpoli ~ncJ receive revenue from sales of adverlising. Company shall endeavor to maintain a standard of good taste in all adverlising placed and shall conform with all applic;1ble ordinances. (See Schedule "W). LOCATION: nle county grants the company th~ exclusive right to place advc'iising at specific locafions within the AiqJOli, authorized by the Airpoli Ad m i n ist I'a tor. II. TVP[ OJ ADVJ:RTISING Anderson Outdoor Adverlising, Inc., has a reputation of crealing "Slate of the Arl" adveliising mediums. This same creativity will be utilized in our AirpOli Adverlising Units. TIle initial cosl 10 Anderson Outdoor Adverlising, Inc., per box, will range between $1,000 to $5,000 per qisplay case, depending on which size panel the adverliser wants to tarzel. This box, although illuminated, would only stand out 2 inches from the side AiqJOli walls streamline.d in terms of safety and aesthetics. If I. R[V[NUE PROJECTIONS: TIle principle advantage of a successful award to Anderson Outdoor Advertising, Inc. would be our marketing capability. Our network of contacts at National Adverlising Agencies as well as our membership of the Traffic Audit Bureau and Sheller Advenising Association has created an unparalleled marketing force in , Key West and Monroe County. '1111S rnarketin<~ strenglh ha/allowed us to generate and maintain so~e of the stt'ongest shelter adveliising rates in the Country. Which translates to highcr lease revenue for the Key West Intcrnational Airporl. As evidence of this m<irketil\~ ability, I point out that the first quarler check to the City Clerk from Anderson Outdoor AdvelilsJn<~, Inc.) for lease revenues was in the amount of $2,22 1.2;), Allhough th(' occupancy is only 65% of lolal available, lhe le<loS<..' I'('venue to the Cily i~ ~) I % above (he projected revenue in our bid. - XJ~1JJ~~ ~ ADVERTISIt\G ANDf RS()N II(MI",.);::, '\vcnIJe t~I'Y V...'(.,,:' nOI1() )()'~I ''f: l( l~)~ I V ADVERTISI NC) RATE CARD Using our Airpon Advenising Rate Card we have based our projected revenuc stream on a 50% occupancy level I, 2. J. 4. 5. 6, 7 Lease r ncome Breakdown; Key West Intcrnational Airpon 50% (Minimum guarantee of $1,200 monthly.) Andcrson Outdoor Advertising, rllc 50% V COUNTY LEASE INCOME PROJECTION Luggagc Area. 5 panels, 3.5 x 5 at 700 pcr pancl ~: Exiling Pathways: 3 panels, 3 x 5 at 500 per panel ::; Exit Door: 2 pancls, 3.5 x 5 with phones at 900 each = Free Standing Round .Ad ~ylinder := A~5 thru A--II Assortcd Ad Panels from 2 x 4 to 4 x 6 := 111M Area will remain with brochures 0: Wall Area ncxt to Exit Doors: 2 panels, 4 x 5 TOTAL Projection Based on 50% Occllrancy 50% Occupancy/Annual Projected Lease Income K WIA % 65% Occuf'ancy/ Annual Projected Lease 1I!.come KWIA % 85% Occupancy/Annual Projected Lease Income KWrA % / $ 3,500 mo, $ 1,500 mo. $ 1,800 mo. $ 900 mo. $ 2,000 mo. $ 800 mo. $ 1,000 1110. $11,400 x 50% $ 5,700 $34,200 $44,460 .$58,140 When comparing the difTerent Airpori Adveriising proposals that the Key Wcst Intcmational AirpOri will reccive, it has 10 be lIndcrstoodthatthe value of any contract IS only as good as thc plan alld people behind it :~]Jjj~]~ i'~~">~"':i"" ' ,. "' , ' .: :)\), l.~...; J,.., :ADVERTlSINC; ~:.~; . .'IJ", ... .~ -~ 11'.1 '.. I k , - :r> !~ {(J) ~ .~ tG) H ~ tJj H 0 I-I 0 :XJ -. 'IJ tt~ ('- - ~ - ~ 1_ ~_~~ 1_1 \ ( 1~ JC:L -.:! ~. --= \- ' .-- I'" ,~ ~ b a I '" 6~ 1\ i ..._-~ (L ~ ~ ~ en en o () "~ Cu ('t ..... o ::s 1 ~ '\ . .- ~. . .-r ~ ~ . " '\ ~ ~ ., ~ , ~q S 0 ,S1 ~._'~ ~~---~1f'<' 1 , 'I + j R1~ 1J~~'=--l-=-~; II'~ ~r~~ . ~DIQ'l~ ~ '"'1 ~~ y-~ ~ J:JI I [~::, I 0 [oems ~7S/ /' () "q ~;-;gt'Dt ~ ~ ~ :(:.:.L --if~ ~ O~.r ~CGlGL ;; . t' n I ~-----1U-lJL:1 Lf ---,[:f. 1 (\ r 0 ~1~..lll ~~.. ~ ~ I ~ ;i 'rr'~J.; , . CJ ~ .III'Ft7J.tr..LI: C 1 r !~.. - .r . -- {hI' =:11 \ 1 J!l \'f1 E 7U ~ 1 ,J~~ J:.\ ~: 1 "L~~ I r f Jf (" n \J - ~ r; 2 {.' ----,- ( j , '\ r ~:1 ~.{ _..1 (\ (\ /1 1 ( ":, w I '"'" I '" ~ "' ~ I ~ , .. , l , , R ~ - ~- . l g U t~ ~::I. =-=r.: I Z ~L..', ~ :; ~ l, I, Z ::J-- z ANDf R\( )N - 110,11'1:::-<11 "('/)1)(' Key W r.~l ;, ~ ~n,1() i30.)! .'i 1 l' l>,:H ^ncier~on Olltnoor Adverll~lnz) Inc. took an obsoletc,IlI1~(l(e, non-lllumltlated, transit sheller program and turned it into the "Slate o(1'he Ali") prototype) transit shelter system for tomorrow. This program is the talk o( lhe Shelter Adveriising Industry. Once a~(UI1 Anderson Outdoor Adveliising) Inc. is ready 10 step in and bring to the Airpori Adve'iising the same success we have created and maintained in Our ~l1clter program. . 0111" l11arkelin(~ approach IS solid) our performance is proven, and the l"evenue I)f'Ojcctions al~' based on market reality not wishful thinking. FA YMENT SCHEDULE: AndcI"Son Outdoor Adveriising, Inc. will sef up a program for all payments to be made on a monthly basis under an open book policy. We would ask for a five month "starl up" waiver to get the project and receivable in place. VI. MAINTENANCE CONTRACf: Anderson Outdoor Advertising, Inc. is cUtTently utilizing three Key West based independent contractors that handle the various maintenance requirements of ou r shelter program; Ka wa Construction, is li~ensed general contractor, A Pressure \Vasher Depot, handles all the cleaning of glass, etc. John Fallon handles all adveriising maintenance, such as changing copy, installing copy, and post ,public service announcements. Both companies ~have ceriificates on insurance on file and available, per your request. , . / LIAI3[LIlY AGREEMENT: 1'111.'':; requlremenf I~ ~orncwha( vague. However', the insurance coverage required sh,,11 include those claSSIfICations as listed in Standard Liability Manuals which Illost nearly rcnecllhc orxTatlOI1~ o( the Contractor. (See Schedule "E"). QiJ]lJJ~~ CXJITXX)( ADVERTISING EXHIBIT lei / / '. MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION General Insurance Requirements for Suppliers of Goods or Services As a pre-requisite of the work governcd, or the goods supplied undcr this contract (including the pre-staging ofpersollnel and material), the Vendor shall obtain, at his/hcr own expense, insurance as specified in any attached schedules, which are madc part of this contract Thc Vendor will ensurc that the insurance obtained will extcnd protcction to all Subcontractors cngaged by the Vendor. As an alternative, the Vcndor may requirc all Subcontractors to obtain insurance consistent with the attached schedules, The Vendor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below, Delays in the commencement of work, rcsulting from the failure of the Vcndor to provide satisfactory evidence of the rcquircd insurance, shall not extcnd deadlines'specificd in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and timc, except for the Vendor's failure to provide satisfactory evidence, The Vendor shall maintain the rcquired insurance throughout the entirc tenn of this contract and any extensions specificd in thc attached schedules. f-ailure 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 complction of work resulting from the failure of the Vcndor to maintain the required insurance shall not extcnd deadlines specified in this contract and any pcnalties and failure to perfonn assessments shall bc imposed as if the work had not been suspended, except for the Vendor's failure to maintain the requircd insurance. The Vcndor shall provide, to the County, as satisfactory cvidence of the rcquired insurance, either: · Certificatc of Insurance or · A Ccrtified copy of the actual insurance policy. . The County, al its sole option, has {he right to request a certified copy of any or all'i~surance policies required by this contract. All insurance policies must specify that they are not subject to cancellalion, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days rrior notification is given 10 the Counly by the insurer The accertancc and/or approval of,ll1e Vendor's insurance shall not be construed-as relieving the Vendor from any liability or obligatioll assurned under this contract or imposed by law Adrf1init<rft(t\OC Ill-nfH<."1ion 1147WI I 17 ... 1.'"..'C The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. / / ^Jmini<lralivc 1n<tlU<.1ioa 1/4701 I IR '\fl(k "-"'-. IIII 1s:l1'ri.1I..'C GENERAL LlAnlLlTY INSURANCE REQUIHEMI':NTS FOR CONTHACT IJE'IWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the ConI ractor shall obtain Gencral Liability Insurance. Coverage shall be maintained throughout the life of the contract and includc, as a minimum: / · Prcmiscs Operations · Products and Complcted Operations · D1anket Contractual Liability · Personal Injury Liability · Expandcd Definition of Property Damage The minimum limits acceptable shail bc: S 1,000,000 Combined Single Limit (CSL) If split limits arc provided, the minimum limits acccptable shall bc: S 500,000 per Pcrson $ 1,000,000 pcr Occurrence S 100,000 Property Damage "-~- , ~ An Occurrencc Form policy is prcferred. If covcrage is provided on a Claims Made policy, its provisions should includc covcragc for claims filcd on or afier tlte crfcclivc dale of (his contract. I n addition, the pcriod for which claims may be reported should extend lor a minimum of (welve (12) months following the acccptance of work by the County. The Monroe Counly Ooard ofCol!nty Commissioners shall be named as Addilional Insurcd on all policies issued to satisfy the above rcquirements, ~ / ^d",ini~ra(ivc (CNr\1<. 'tUft GLJ 11470'). ( 5(, j J.,( I 'r w 1 H 't: VEHICLE LIAnILITY INSURANCE REQUIREMENTS FOR CONTRACT nErIWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contraCtTequires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle l.;iability Insurance. Coverage shall be maintained throughout the life of tl~e contract and include, as a minimum, liability covcrage for:. · Owned, Non-Owncd, and Ilircd Vehicles Thc minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits arc provided, thc minimum limits acccptablc shall be: $ 50,000 per Person $100,000 per Occurrcnce $ 25,000 Property Damagc, Thc Monroe County I30ard of County Commissioncrs shall bc named as Addilionallnsured on all policies issued to satisfy the above rcquirements. / Adrnin;s:tr.fivc 1'~nK.1KJO. VLl 1/47<YJ.1 7<0 I~ 1"M.lltt: WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT' nETWEEN MONHOE COUNTY, FLORIDA AND Prior to the commencement of work governcd by tltis contract, tlte Contractor shall ohtain Workers' Compensation Insurance with limits sulTIcicnt tOf respond to folorida Statute 440. In addition, the Contractor shall obtain Employcrs' Liability Insurance with limits of not Jessthim: S I 00,000 Bodily Injury by Accident $500,000 Dodily Injury by Diseasc, policy limits $100,000 Dodily Injury by Diseasc, cach employcc Covcragc shaU be maintaincd throughout the entire term of the contract. Covcrage shall bc providcd by a company or companies authorized to transact business in Ihe statc of Florida and thc company or companies must maintain a minimum rating of A-VI. as assigned by the A.M. Best Company. If the Contractor has been approved by the foIorida's Departmcnt of Labor, as an authorizcd se1f- insurer, the County shall recognize 'and ~onor the Contractor's status. The Contractor may be rcquired to submit a Lcttcr of Authorization issucd by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Exccss Insurance Program. If the Contractor participalcs in a self-insurance fund, a Certificate of Insurance wi/( be required. In addition, the Contractor may be rcquired to submit updatcd financial statements from the fund Upon rcquest from the County, / Adrnini:l.'1rali\"< la.1ru<.1l<lof1 wel 1/470'J1 R I ADVERTISING AGENCY AGREEMENT THIS AGREEMENT is entered into this /1 ti day of ,J L' L ~I , 1996, by and between the Board of County Commissioners, Monroe County, Florida,. hereinafter referred to as the County, and Anderson Outdoor Advertising, hereinafter referred to as Contractor. advertising agent to handle all advertising at the Key West International Airport terminal; and WHEREAS, the County has determined that it is in the best interest of the County to contract for an the RFP for such services; and WHEREAS, the Contractor was the most responsive and financially beneficial bidder responding to WHEREAS, the Contractor's proposal to the County contains a 50% revenue sharing and guaranteed minimum monthly payment of $ 1,200 to the County; now, therefore IN CONSIDERATION of the below covenants and promises, the parties hereto do agree as follow: 1. TERM. The initial term of the Agreement is for a period of eighteen (18) months or until rehabilitation of KWIA is complete, whichever shall occur sooner, beginning August I, 1996. Upon term of five (5) years, with an option to extend for an additional five (5) years. completion of the KWIA rehabilitation project County shall negotiate a master contract with AOA for a ...... 2. SCOPE OF SERVICES. The Contractor services shall include, but not be limited to, the following: Obtain advertisers, contract for space, install. service and maintain all advertising displays. The Contractor's proposal is attached hereto as Exhibit A and incorporated herein. All services described in Airport Manager, which approval shall not be unreasonably withheld. said proposal shall be included in the scope of services. All advertising shall be subject to approval by the 3. REVENUE. All advertising income shall be divided .50% to Monroe County and 50% to the Contractor. / 4. PA YMENT. All payment shall be made to the Lessor monthly by check and shall be in the advertising income or $1,200. If any payment is not made within the first 15 days after the end of the Commencing February I, 1997, the monthly payment shall be the greater of the 50% of the prior month's amount of 50% of all advertising income received by Contractor in the prior calendar month. month during which the advertising income was received by Contractor, the Contractor shall pay interest thereon. computed at 12% per year. [Contractor shall be entitled to a waiver of payment on advertising revenue equal to costs of capitol acquisitions for a period up to five (5) months.] 5. RECORDS. Contractor shall file copies of all advertising contracts, including the amount of advertising income applicable thereto, with the Airport Business Office. All records and documents pertaining to such advertising contracts shall be open to inspection during normal working hours, upon written request from the Airport Manager, the County, the Clerk of Court, or their representatives. All such records shall be retained by Contractor for a period of three years after the expiration of this Agreement. 6. RATE CONSULTATIONS. Contractor shall consult with the Airport Manager on the setting of advertising rates to insure that Monroe County receives as much revenue as possible, in line with rates that will insure fair market value of the available space. 7. LAWS AND REGULATIONS. Any and all services, materials and equipment provided under this Agreement shall comply fully with all local. state and federal laws and regulations. 8. TAXES. The County is exempt from federal excise and state of Florida sales tax. 9. RELATIONSHIP OF PARTIES. The Contractor is an independent contractor and neither it nor its employees shall, under any circumstances, be considered servants or agents of the County; and the County shall at no time be legally responsible for any negligence or omission on the part of Contractor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual. firm, or corporation. The Contractor shall be required to list any and all potential conflicts of interest as defined by Florida statutes Chapter 112 and Monroe County Code and shall disclose to the County all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any clients' interest which may conflict with the interest of the County. 10. ASSIGNMENT. The Contractor shall not assign. transfer, conveyor otherwise dispose of this Contract or any or all of its right. title or interest therein, or its power to execute such contract to any person, company or corpordtion without prior written consent of the County. ] J. .. COMPLIANCE WITH NON-DISCRIMINATION LAWS. The Contractor 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, age, or national origin in the performance of work under this Agreement. 12. INSURANCE. The Contractor shall maintain ins.urance coverage throughout the term of this contract in accordance with attachment "C". 13. HOLD HARMLESS. The Contractor covenants and agrees to indemnify and hold harmless the Board of County Commissioners for Monroe County 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 under this Agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhefe within this Agreement. 14. TERMINATION. This Interim Agreement shall terminate eighteen (18) months from the date first written above unless extended pursuant to paragraph 1, or unless earlier terminated by either party giving 120 days prior written notice to the other party of termination with or without cause. 15. RULES AND REGULATIONS. A. COMPLIANCE. Contractor shall comply with all ordinances of the County, including any reasonable rules and regulations with. respect to use of Airport property, as the same may be amended from time to time, all additional laws. statutes, ordinances, regulations and rules of the federal. state and county governments, and any and all plans and programs developed in compliance therewith, which may be applicable to its operations or activities under this Agreement, including specifically, without limiting the generality hereof, federal air and safety law~ and regulations and federal. state, and county environmental. hazardous wa~e and materials and natural resources laws, regulations and permits. " B. VIOLATIONS. The Contractor agrees to pay on behalf of the County any penalty, assessment, or fine, issued against the County, or to defend in the name of the County any claim, assessment, _or civil action, which may be presented or initiated by any agency or office of the federal. state, or county governments, based in whole or substantial part upon a claim or allegation that the thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the performance of work under this Agreement. 12. INSURANCE. The Contractor shall maintain ins.urance coverage throughout the term of this contract in accordance with attachment "C". 13. HOLD HARMLESS. The Contractor covenants and agrees to indemnify and hold harmless the Board of County Commissioners for Monroe County 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 under this Agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewheFe within this Agreement. 14. TERMINATION. This Interim Agreement shall terminate eighteen (18) months from the date first written above unless extended pursuant to paragraph 1, or unless earlier terminated by either party giving 120 days prior written notice to the other party of termination with or without cause. 15. RULES AND REGULATIONS. A. COMPLIANCE. Contractor shall comply with all ordinances of the County, including any reasonable rules and regulations with, respect to use of Airport property, as the same may be amended from time to time, all additional laws, statutes, ordinances, regulations and rules of the federal. state and county governments, and any and all plans and programs developed in compliance therewith, which may be applicable to its operations or activities under this Agreement, including specifically, without limiting the generality hereof, federal air and safety law~ and regulations and federal, state, and county environmental, hazardous wa~e and materials and natural resources laws, regulations and permits. ..... B. VIOLATIONS. The Contractor agrees to pay on behalf of the County any penalty, assessment, or fine, issued against the County, or to defend in the name of the County any claim, assessment, _or civil action, which may be presented or initiated by any agency or office of the federal. state, or county governments, based in whole or substantial part upon a claim or allegation that the Contractor, its agents, employees or in vi tees have violated any law, ordinance. regulation. rule or directives described in 15(A) above. 16. GOVERNING LAW /VENUE. This Agreement shall be governed and construed by and in accordance with the lows of the State of Florida and constitutes the entire agreement between the County and Contractor. Venue for any dispute shall be in Monroe County. 17. ENTIRE AGREEMENT/AMENDMENT. This writing embodies the entire agreement and understanding between the parties hereto. and there are not other agreements and understandings, oral or written, with reference to the subject matter h~reof that are not merged herein and superseded hereby. Any amendment to this Agreement sholl be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 18. SEVE:RABILlTY. If any provision of this Agreement sholl be held by a Court of competent jurisdiction to be invalid or unenforceable. the remainder of this Agreement or the application of such provision other than those as to which it is invalid or unenforceable shall not be effected thereby; and each provision of this Agreement shall be valid and ~nforceable to the fullest extent permitting by law. " 19. PERSONAL PROPERTY. Any personal property of Contractor or others placed in the premises of the Airport shall be at the sole risk of the Contractor or owners thereof, and the County shall not be liable for any loss or damage. 20. NOTICE. Notices to either party as required by this Agreement shall be sufficient if sent by certified mail. postage prepaid, addressed to: For County: Airport Manager Key West International Airport 3491 S. Roosevelt Blvd. Key West, FL 33040 / For Contractor: John H. Anderson. President Anderson qutdoor Advertising 1104 Truman Avenue Key West, FL 33040 21. NON-DISCRIMINATION. A. Contractor shall furnish all services authorized under this agreement on a fair, equal, and non-discriminatory basis to all persons or users thereof, charging fair, reasonable, and non- discriminatory prices for all items and services which it is permitted to sell or render under the provisions hereof. B. The Contractor for itself, his personal representatives. successors In interest. and assigns, as a part of the consideration hereof. does hereby covenant and agree that: 1) _ no person on the grounds of race, colpr. or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the provision or use of services; 2) that the Contractor shall use the Airport premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations. Department of Transportation, Subtitle A. Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. ThaLin the event of breach of any of the above nondiscrimination covenants. Lessor shall have the right to terminate the lease and to re-enter as if said lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations. Part 21 are followed and completed including exercise or expiration of appeal rights. 22. AUTHORIZED USES ONLY. The Contractor shall not use or permit the use of the Airport for any illegal or unauthorized purpose or for any purpose which would increase the premium rates paid by the County on, or invalidate, any insurance policie.s of the County or any policies of insurance written on behalf of the Contractor under this Agreement. 23. FEDERAL SUBORDINATION. This Agreement shall be subordinate to the provisions of any existing or future Agreement between the County and the United States of America relative to the operation and maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditurE} of federal funds for the development of the Airport. All provisions of this AGREEMENT shall be subordinate to the right of the United States of America. 24. RIGHTS OF COUNTY AT AIRPORT. The County shall have the absolute right, without limitation, to repair, reconstruct, alter or add to any structures and facilities at the Airport, or to construct new facilitie~ at the Airport. The County shall. in the exercise of such right, be free from any and all liability to the Contractor for business damages occasioned during the making of such repairs, alterations and additions, except those occasioned by the sole act of negligence of the County, its employees, or agents. ..... 25. RIGHTS RESERVED. Rights not specifically granted the Contractor by this Agreement are reserved to the County. 26. AUTHORITY. The Contractor's name in the Agreement is the full name as designated in its Agreement has been approved by the Contractor's Board of Directors. corporate charter and the signatory is empowered to act and contract for the Contractor. This 27. ETHICS CLAUSE. Contractor warrants that it has not employed, retained, or otherwise had act on its behalf any former County officer or employee in violation of Sec. 2 of Ordinance No. 1O-J990, or this provision, the County may, at its discretion, terminate this Agreement without liability, and may also, at any County officer of employee in violation of Sec. 3 of Ordinance No. J 0- J 990. For breach or violation of , . its discretion, add to the Agreement price or otherwise recover, the full amount of any fee, commission, year first ..... BY~~ Dep Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, flORIDA By ~!i&;;n+"~ (SEAL) Attest: ANDERSON OUTDOOR ADVERTISING By / jconadi '(~)f" CXlllOl t . A' ANDERSON ": 1104 Ilumnn '~venLJ(, Key We':,l II 33();JO 1305! YJ 11()RB A lfll (ul Ie lr S (0 JnI (0) lLJ! It (dl (01 (01 Jr Ad V<e'Jrlt li~i ling Key West Intenlational Airport AJrpoli Advcliisinz Proposal Anderson Ouldoor Advertising Inc., and/or its principal,john H. Anderson, have been engaged in the Outdoor Advertising industry within the counties of Dade, Broward, Monroe and Palm &.ach, and the cities of Dania and Cooper City, and Key West, florida, and further licensed for the entire State of florida, for the more precise pu rpose of Ownershi p, Ma nagemen t, Operation, Marketi ng and lor Con I rot of illumination and non-illuminated Outdoor Advertising Displays, since J 990. A member in good standing with Shelter Advertising Association, Traffic Audit Bur-eau and the Key West Chamber of Commerce. ...... Anderson Outdoor Advertising, Inc. deSires 10 expand the existing scope of its business to include in Airport Advertising. Sincerely, / n H. Anderson Presiden f clWJjJjjJ aJrrXu ADVERTISINJ ( '.'~f" ANDE RSC)N ." ! k\1 i! l "lk;f) ,\ VpnUf' ,;, 'y,^V(><,1 ~! nOJ1() ',( :,': 'v., I /lOHfj Schedule liB" Anderson Outdoor J\dvertising, fne. Advertising Acceptance Code We al Allde,,'on Ouldoor Advertising, Ille. shar'e Ihe public inleresl ill Ihe CI1VII'onment, publIc health and in the public Sood. We are aware Ihal sheller advertising infonns,guides, direcls and warlls Ihe gelleral public alJOuI Ih'ngs We musl cOllsider in Our daily lives and We a"e fU'iher awan' of Ihe unique abillly of sheller advertising to deliver adve.iising messages to specific demographic groups. We slrongly encourage Our c1ienls 10 become aClively involved in Ihe commu nilies Ihey serve and to be sens,I,ve 10 Ihe concerns of Ihose cOmmunilies. Wee neou rage ou I' members 10 Con t ri bu Ie pu blic service advertisemen Is su pport I ng com m IHl i I Y projects a nd com bat i ng su e h acl i vi lies as drug use, alcohol abuse and drunk dl'iving; "' We diSCouraged Ihe placement of advertisemenls for products which are illegal for sale 10 minors on shelter displays within immediate view of schools or children's pJaygl'Ounds. We also recognize Ihe sanetlly of eSlablished places of wo cs I" p, a Ild d i scou rage I he place me 111 of such ad vert ise men I in I rusivel y adjacenl 10 Ihem as well. We further discourage morally offensive, false, misleading or deceptIve adveliisements. / Member of: en'attT Key West Chamber of Commcn'e Shelter Advertising Association aJjJjJ0~~ ~ ADVERnSINJ .........(')'.. ANDERSON -\.' ..' ~I\\ . I i0t1I'IJl11011 AvenlJ(" Key WC~; fi 330t10 UQ.l) I Y!; ,1()HR :: A Inl df <e Irs 0 Inl (0) lur It (dl (OJ (OJ Jr AdveJr,tisiJn'g Transit Advertising Specifications Prooosal Contents I - Company history, Pz'Oposal, including references. (Schedule "A") 2. Type of Advenising to be provided: a. Includes advenising rates, specifications, cost, and cost of ~ . installation per display. (Schedule "B" & "C") ..... 3. Operating budget and 'revenue projections. ..... 4. Percentage of revenue to be paid to the Key West International Airpon and payment schedule. . 5. Insurance Binder wilh Key Wesllnlernational Airport as addilional inSured. a. liability agreement b. maintenance contract (Schedule "D") 6. Commencement Schedule CSchedu Ie "E") 1JD1}3'D~ 0JrI)(U ADVERTlS1N3 I 104 Truman Avenue Key West, Florida 33040 \, ~;\ . "...,j...., ANDERSON , . I 104 r r limon A venlle Key Wp.~1 r I 330t1(\ JCi.\'XJ I .1088 Company would keep in force, during any agreed upon term, the Insurance coverage required. This would include those classifications as listed in Slandard Liability Manuals which most nearly reflect the operations of the contractors. (Schedule "Oil) Term to be negotiated between Company and County Commission. SPECI Fl CA Tt 0 NS: lJ pon a ward, spec dica Ii ons for Ai rpoli Ad vert isi ng and t he II' i nstalla lIon, shal I include the followi nz: I n51 a 118 lion sha II be in accordance wit h a I t a ppl icable codes. I ncl u ding Man roe County Si<~n Code Ordinance. (See Schedule "C"). COSTS or INSTALLATION, MAINTENANCE AND REMOVAL: The company shall be solely responsible for all expenses with regard to the Airport Advertising, includ1l1g but not limited to: ..... a. Cost of planning, materials, labor and construction; all in accordance with plans and specifications contained herein, of any and all advertising within the Airport. ..... b. All costs of i nstalJation, maintenance and repair, and removal. c. The costs required to inspect, clean, remove stains, remove .s;raffill, and other deleterious material in and on the advertising on a r'egular basis. .d. To repair at company's, OWn expense, all damaged or excessively worn paris or any of their portions. e. All repcur/rcplacements parts shall be new and installed haVing 11I.~hcsl quallly of workmanship generally accepled in the Induslry f. I:nSllri n,~ I he advert ising posters remal n in gcxx1 condition. alB1J0DJ 0JITXx)R ADVERTlSIt-.K) ::,('....()(...... ANDE RSC)N .' '. "..1 ,., II aLl I r UmOl' /\, V!';)U(' Key Wesl t; n(l:l(: 13o.~! ,'jJ 11( ),L~"j _ ADVf:RTISINC: TIle company shall have the exclusivE' n,ghl 10 marke-j and Illstall Impnnted advelilslng on pn~scribed areas wIthin the Alrpoli anci I'CCCIVC revenue from sales of advertising. Company shall endeavor to maintain a standard of good taste in all advertising placed and shall conform with all applicable ordinances. (See Schedule "B"). LOCATION: The county grants the company the exclusive righl to place advcrilslng at specific locations \vitJlin the AiqJOrt, authorized by the Airpori Adm Inlsl ra tor. II. TYPI: or ADVI:RTISING Anderson Outdoor Advertising, Inc., has a reputation of creating "Slale of the Art" advetiising mediums. This same creativity will be utilized in our Airpori Advertising Units. ...... The initial cost to Anderson Outdoor Advertising, Inc., per box, will range between $1,000 to $5,000 per qisplay case, depending on which size panel the advertiser wants to target. This box, although illuminated, would only stand out ...... 2 inches from the side Airpori walls streamline.d in terms of safety and aesthetics. III. Rf:Vf:NUI: PROJECTIONS: 111C princlpk advantage of a successful award to Anderson Outdoor AdvertlslI1g, Inc. would be our marketing capability. Our network of contacts at National Advertising Agencies as well as our membership of the Traffic Audit Bureau and Shelter Advertising Association has created an unparalleled marketing force in Key West and Monroe County. 'Ill]S markctin,~ str'ength has allowed us to generate and maintain some of the st rongest shelter adverilsing rates in the Country. Which translates to higher leasc revenue for the Key West International Airport. As eVidence of this markelln,y, abtllly, I point out that the first quarter check to the City Clerk from Anderson Olddoor Advclilsln,~, Inc., for lease revenues was 1/1 the amount of $2,221,2~, Although the cx:cupancy is only 65% of total available, the IC<l.sz' revenue to the CIty is 31% above the projected revenue in our bid. - ~1JJ~~ CXJTOCOR ADVERTlSIt\G ANDERSON 110,1 1":'1;:~' '\v('nlJe "VI 1'\("'"() f\ey ~(_H:' ),) 1'1 ~)(r;: '~(.: i( J,~.~(L: IV ADVERTISING RATE CARD Using our Airport Advertising Rate Card we have based our projected revenuc strcam Oil a 50% Occupancy Icvel. I, 2. J. 4 5 6. ...... 7 Lease Income Breakdowll _ Key West Interna{jonClj Airport 50% (.Minimum guarantee of $1,200 monthly.) Anderson Outdoor Advert ising, Inc 50%) V COUNTY LEASL:: INCOME PROJECTION Luggagc Area, 5 panels, 3.5 x 5 at 100 pcr pancl == Exiting Pathways: J panels, J x 5 at 500 per panel :=; Exit Door: 2 panels, 3.5 x 5 with phones at 900 each = Frcc Standing Round Ad Cylindcr :.:: A~5 thru A,-II Assorted Ad Pancls from 2 x 4 to 4 x 6 c:: 111M Arca will remain with brochures -:: Wall Area next to Exit Doors: 2 panels, 4 x 5 TOTAL Projection Based on 50% Occupancy 50% Occupancy/Annual Projected Lease Income K WIA % 65% Occurancy/ Annual Projected Lease Income K WIA % 8S% Occupancy! Anllual ProJectcd Leasc Income K WIA % $ 3,500 III 0 , $ ) ,500 mo, $ 1,800 mo, $ 900 1110, $ 2,000 III 0 , $ 800 mo, $ 1,000 1110 $1 1,400 x 50% $ 5,700 ..... $34,200 $44,460 $58,J40 Whcn comparIllg thc difrercnt AIrport Advertising proposals that the Key West Intemal;onal Airpon will receive, il has 10 be underslood thai the value of any contract IS only as good as thc plan and people behind it ....,'.~,t.,'1:~..r; ; :,OWJ~0~ ';~ :t~ ~;\)t 1_ ~, . ; .J,. " , !ADVOOlSIN3 ',',~::. ..:~- .:. .'cJ:' ,,'. . , - I ~ 1 ,....\ "f -. -.. I.( "'\ ..... I~ II; I - ~J '.... I 'I e~ '~ - - ...-.- ,"'- -- --- ...... ~ 1 g - t LQ ~ ~ . t Cl H ~ tJj H 0 H 0 :IJ - "'0 ~ r ,- '>- Ctl ..... ....0. >....:J en 0 en ~ o :J () '~....:J r.J ~ no ~.... o .... ~ ro "'< -~ , ~ ~ . .~k ~____ ; ': ~ R~~ -~~~. ---l--- ~ I': - ~ ""l~ Sq3 0 ~ -1__ /~ ~O _76 ~ , . <l'g D~. ---\~ >: . \ \" ~~Lj Jof --,reL _._.; q . i" j 0 0 l.~.-r ~~ STOI: ~ · ; ~ <=>"'J., '" - I g -i:1:1 . .? ,1,Pt- r:JJ .?l ...... l( ~ 1 "< ., __-I ~ ~ a- .--'-- "1 . ~ :; ~ ~ 1, ~ ( :.J--- -- I 1; - .-:::::-. - - l g ~ ... C: J- _ l~_ ~ ~;,-~ ~8 ~nlr -~ t r~S' - ., ~ - ~ ;:,,:'\....j,.,.. A"NDf R:')( IN 11().11rL,;:-t)' ""t'I;liI' Key WC~: ;, U(!,1n i30.)! .':{,: 11)~'~:\ Anderson Outdoor Advertising, Inc. took an obsolete, unsafe, non-illuminated, transit shelter program and turned it into the "State of The Ali", prototype, transit shelter system for tomorrow. This program is the talk of the Shelter Advertising Industry. Once aga1l1 Anderson Outdoor Adveriising, Inc. is ready to step in and bring to the Airpoti Adveliising the same success we have cI'cated and maintained in our shelter program. OIl r ma rketmg a pproach is sol id, ou r per"formance is proVell, and the reven uc projections are based on market reality not wishful thinking. FA Y~AENT SCHEDULE: Ander'son Outdoor Advertising, Inc. will set up a program for all payments to be made on a monthly basis under an open book policy. We would ask for a five month "start up" waiver to get the project and receivable in place, ..... ..... VI. MAINTENANCE CONTRACf: Anderson Outdoor Advertising, Inc. is cUlTently utilizing three Key West based I ndc p<..'ndcnt cant ractors that handle the various maintenance requirements of ou r shelter program; Kawa Construction, is licensed general contractor, A Pt'Cssure \Vasher Depot, handles all the cleaning of glass, etc. John Fallon handles all advetiising maintenance, such as changing copy, installing copy, and post public service announcements. Both companies have certificates on insurance on fi Ie and available, per you r request. LIAf3lLITY AGREEMENT: TIllS requIrement IS somewhat vague. However, the insurance coverage required shall include thost' classifications as listed in Standard Liability MBnuals which most nearly reflect the operations of the Contractor. (See Schedule "["), ~1}J~J ~ ADVERTISINS 'I" .. , l..a l'n.~it~ MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION Gencrallnsurance Requia'cments for Suppliers of Goods or Services As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Vendor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are madc part of this contract. The Vcnuor will ensurc that thc insurancc obtaincd will extend protection to all Subcontractors engaged by thc Vendor. As an alternative, the Vendor may require all Subcontractors to obtain insurance consistcnt with the attached schedules. The Vendor will not bc permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has bcen furnished to the County as specified below. Delays in the commenccment of work, rcsulting from the failurc ofthc Vendor to provide satisfactory evidence of the required insurance, shall not extcnd deadlines specified in this contract and any penal tics and failure to perform asscssmcnts shall be imposed as if the work commcnced on the specified datc and time, except for the Vendor's failure to provide satisfactory evidence. . The Vendor shall maintain thc required insurance throughout the entirc tenn of this contract and any extensions specified in the attached schedules, Pailure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaccd Delays in the complction of work resulling from the failure of thc Vendor to maintain the rcquired insurance shall not extend deadlines specified in this contract and any pcnallics and ..... failurc to perform assessments shall be imposed as jf the work had not been suspendccJ, except for thc Vendor's failurc to maintain the requircd insurance. The Vendor shall provide, 1'0 the County, as satisfactory evidence of the rcquired insurance, eithcr: · Certificate of Insurance or · A Certified copy of the actual insurance policy, The County, at its sole option, has the right to rcqucst a certificd copy of any or all insurance policies rcquired by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unlcss a minimum of thirty (30) days prior notification is given to the County by the insurer, The acceptance and/or approval of-the Vendor's insurance shall not be construed-as relieving the Vendor from any liability or obligatioll assurnccJ undcr this contract or imposed by law ^dministl'lll.ve IIlSI1\K1ion /f47()<) 1 17 _..~. ^I"'H ii. 1'1'),\ 1111 l'rit~i"C The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compens.ation. Any deviations from these General Insurance Requirements must be requested in writing on lhe County prepared form entitled "Request for Waiver of Insurance Rcquiremen(s" and approved by Monroe County Risk Management. ..... ..... ^dmini!ltralivc Jnot~1i<>a #4709,/ , IX ^rwil22.1,),).I 1l<lI'rilll.inC GENERAL LIAnlLIlY INSURANCE REQUJHEMENTS FOR CONTRACT JJ I~'lW EEN MONROE COUNTY, FLORIJ)A AND Prior to the commencement of work governed by this contract, the COllI ractor shall obtain General Liability Insurance. Coverage shall be l11aintainedthroughout the lite of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expandcd Definition of Property Damage The minimum limits acceptable shail be: $1,000,000 Combined Single Limil (CSL) If split limits arc providcd, the minimum limits acceptable shall be: ..... ..... $ 500,000 pcr Pcrson $ 1,000,000 per Occurrence $ 100,000 Property Damage . -;...- An Occurrence Form policy is prcfcrrcd. If covcragc is providcd on a Claims Made policy, its provisions should include coverage for claims filed on or aOcr the elfective date of this contract. I n addition, the period (or which claims may be reported should extend lor a minimum of twelve (12) months following the acceptance of work by the County. The Monroe Counly f30ard ofCol!nly Commissioncrs shall be named as Additional Insured on all policies issued to satisfy the above requirements ^<.Iminiolralivc ImtnJ<.1ivn GLJ 1/4709.1 5(, i\pnl 22. I 'J'J.1 I aI l'rinl;''!; VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT DE'IWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contraclor, prior to the commencement of work, shull obt1\in Vehicle Li1\biJity Insurance, Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits arc provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage ...., ..... The Monroe County Goard of County Commissioners shall be named as Additional Insured on all policies issued to satisty the above requirements, ^-dministral,YC Instnlc1ion /14709,1 VLI 75 I \&'\I~ LI.. J../ ,I.. .... I'rinlint.: WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT nET\VEEN . MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufTicient to respond to r10rida 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, policy limits $ I 00,000 Bodily Injury by Disease, each employee Coverage shaU be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in thc state of Florida and the company or companies must maintain a minimum rating of A- VI, as assigned by the A.M. Best Company. If the Contractor has been approved by the J71orida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status, The Contractor may be required to submit a Letter of ^uthoriz3tion issued by the Department of Labor and a Certificate ..... of Insurance, providing details on the Contractor's Excess Insurance Program. ..... If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be rcquired. In addition, the Contractor may be required to submit updated financial statements [rom the fund upon request from the County. ^dminiS't~li"c u".1.nJ<.1ion /l470?,! WCI RI