Item O3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: JANUARY 19, 2000
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: COUNTY ADMINISTRATOR
AGENDA ITEM WORDING: Approval of a contract with The Market Share Company for the development and
Publishing of an End of the Year Publication for Monroe County Government consisting of the year 1999.
ITEM BACKGROUND: This is the first time Monroe County has done an End of the Year Publication. It will give Monroe
County citizens information concerning how the County operates, with pictures of different activities of County
Government services, statistics, and narrative to assist citizens in understanding their Government.
PREVIOUS RELEVANT BOCC ACTION: Approval to advertise for a RFP approved on 11/99. Approval to award bid to
The Market Share Company was approved on, December 8, 1999.
STAFF RECOMMENDATION: Approval
TOTAL COST: $18,000
BUDGETED: YES
COST TO COUNTY: $18,000
REVENUE PRODUCING: N/A
AMOUNT PER MONTH /YEAR: N/A
APPROVED BY: County Attorney XXX
OMB/Purchasing XXX
Risk Management XXX
DIVISION DIRECTOR APPROVAL
-~~
-~ ~
JAMES L. ROBERTS, County Administrator
DOCUMENTATION: Included 'Xxx
To Follow
Not Required
AGENDA ITEM #
/- 03
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:The Market Share Company Effective Date:
Expiration Date:
Contract Purpose/Description:Contract with The Market Share Company for the preparation of
County Year End Publication for Monroe County Government consisting of the year 1999.
Contract Manager:James Malloch
(Name)
4510
(Ext.)
Community Services Division
(Department)
for BOCC meeting on 1/19/2000
Agenda Deadline: 1/5/2000
CONTRACT COSTS
Total Dollar Value of Contract: $18.000 Current Year Portion: $
Budgeted? Yes~ No D Account Codes: m/ -I'J5a70-"'3tJ 3Yo -
Grant: $ _-_-_-_
County Match: $ _-_-_-_
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Date In Needed ~ ~r
# YesDNo~~~
iliJM YesD No~CL ~ ~~"'"
~ 0 YesD Noif c;;22fL/'o f!f{ ctL-,-,
1/5/00 YesDNo~ ~~&
Date Out
Ris anage!nt
{~ t;
O.M.B./Purc mg
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#
County Attorney
1/5/00
Comments:
OMB Form Revised 9/11195 Mep #2
CONTRACT FOR THE PREPARATION OF COUNTY YEAR END PUBLICATION
THIS CONTRACT is entered into this 19th day of January, 2000, by and between
The Market Share Company, a Florida corporation whose address is PO Box 1077, Key
West, FL 33041 (Contractor) and Monroe County, a political subdivision of the State of
Florida, whose address is Public Service Building, 5100 College Road, Key West, FL
33040 (County).
WHEREAS, the County desires preparation of a year end publication to be made
available for public use; and
WHEREAS, the Contractor represents that it is professionally qualified to compile
and publish such a publication; now, therefore, the parties agree as follows:
1. a) The Contractor must compile and publish the County year end
publication (publication) in accordance with specifications set forth in Exhibit A. Exhibit
A is attached to this contract and made a part of it.
b) The publication must be satisfactorily completed and delivered to
the County on or before April 15, 2000.
2. In consideration for the publication, the County will pay the Contractor an
amount not to exceed $18,000. The payments will be made according to the
following schedule:
a) $6,000 to the Contractor by January 31, 2000, provided, however,
that before any payment is made, the Contractor must submit an invoice to the
County Administrator detailing the work on the publication performed up to the date
of this invoice. Before the County Administrator may authorize payment, he must
determine that the work described in the invoice was performed and represents at
least one third of the work required by Exhibit A. If the invoice sets forth a lesser
percentage (or if the County Administrator determines a lesser percentage was
performed) then the County Administrator may only authorize payment of the
percentage of the total contract price equal to the work described or performed as a
percentage of the total work required.
b) $6,000 to the Contractor by February 29,2000, provided, however,
that before any payment is made, the Contractor must submit an invoice to the
County Administrator detailing the work on the publication performed up to the date
of this invoice. Before the County Administrator may authorize payment, he must
determine that the work described in the invoice was performed and represents at
least an additional third of the work required by Exhibit A, not included in the first
invoice. If the invoice sets forth a lesser percentage (or if the County Administrator
determines a lesser percentage was performed) then the County Administrator may
only authorize payment of the percentage of the total contract price equal to the
work described or performed as a percentage of the total work required.
c) The final payment of $6,000 will be made on the timely delivery of
the publication if prepared satisfactorily in accordance with Exhibit A (Specifications).
3. The Contractor acknowledges that time is of the essence in preparing the
publication so that it can be promptly made available to the public. The Contractor
further acknowledges and agrees that the exact amount of damage suffered by the
County if the publication is not delivered by April 15, 2000 is difficult to quantify and,
therefore, the appropriate measure of damages is the liquidated amount of $50.00 per
day for each day after April 15, 2000, that the County is not in receipt of a publication
that is satisfactorily prepared in accord with Exhibit A. The liquidated damage amount
may be subtracted by the County from any amounts due the Contractor under this
contract or, if the amount due is insufficient to cover the sum owed the County as
liquidated damages, then the Contractor will remain obligated and liable to pay the
County any such additional amount.
4. a) Before beginning work under this contract, the Contractor must
provide evidence satisfactory to the County's Director of Risk Management that the
Contractor has in force and effect the insurance set forth in Exhibit B and that the
insurance will remain in effect throughout the contract term. Exhibit B is attached to
and incorporated into this contract.
b) The Contractor agree~ to indemnify and hold the County harmless
from any claim or demand made against the County by third persons based on any
negligent act or omission of the Contractor while in the course of carrying out its duties
and obligations under this contract. For this indemnification and hold harmless
subparagraph to apply, the County must promptly - in no event later than five business
days - notify the Contractor of any claim or demand of the type described in this
subparagraph 4(b). The requirements of this subparagraph 4(b) are in addition to the
insurance requirement of subparagraph 4(a).
5. A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work,
may not submit bids n leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
6. The Contractor warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer or employee subject to
the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation
of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
7. This contract is governed by the laws of the State of Florida. Venue for
any litigation arising under this contract must be in a court of competent jurisdiction in
Monroe County, Florida.
8. All correspondence between the parties required by this contract must
be made through the following individuals (or their successors):
Monroe County
James L. Roberts
County Administrator
Public Service Building
5100 College Road, Room 212
Key West, FL 33040
Contractor
Linda O'Brien
Owner/President
The Market Share Company
605 United Street, Suite 1
Key West, FL 33040
All correspondence will be considered received by a party when delivered to the
appropriate address first listed above.
9. The parties agree that this written contract represents their final mutual
understanding and bargain and replaces any prior written documents and negotiation
and any oral representations. This contract may only be amended by a written
document executed by the officer or employee of each party authorized by law or
corporate charter or by-laws to execute a binding contract.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals 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/Chairperson
(SEAL)
ATTEST:
THE MARKET SHARE COMPANY
BYV.~
Title
---
By
Title
jconvyearend
PAYMENT SCHEDULE
PHASE 1
$6000
corresponding to subparagraph 2(a)
· Commissioner's biographies and personal messages compiled and written
· Professional photographs of commissioners, individual and group complete
· Professional photographs of county staff, individual and group complete
· General photography of county services operations and various highlight photos
complete
· County administrator intro and overview written
· County history written
· County highlights by division written
PHASE 2
$6000
corresponding to subparagraph 2(b)
. Final approval of all copy by county
· Financial statistics compiled and ready for graphs and chart
· Design of publication complete including page design and color placement
PHASE 3
$6000
corresponding to subparagraph 2(c)
· Final mechanicals complete and ready to ship to printer
. Final plan for arranging distribution
BACKGROUND
Monroe County is interested in preparing an End of the Year Publication depicting
and highlighting the activities of Monroe County in calendar year 1999 and the County's
financial status. It is the interest of the County to have a request for proposals for the
complete process of compiling and designing this publication for distribution to citizens of
the County.
This End of the Year Publication will give to the citizens of Monroe County
information concerning how the County operates, with pictures of different activities of
County Government services, statistics, and narrative to assist citizens in understanding
their Government. This is the first time that Monroe County has solicited for an End of
the Year Publication RFP. This type of publication has been done in many other Counties
of Florida on a yearly basis. The County has samples of publications that it has received
from other Counties for the interest of firms who are applying to the RFP. This RFP
basically will cover a publication that will be put together in the period of December, 1999
for publication and distribution no later than March, 2000.
All interested parties should contact the Monroe County Purchasing Office at
(305) 292-4465 for additional information or details concerning the End of the Year
Publication project, as per the process described in this documentation.
ELEMENTS OF SERVICE
The Board of County Commissioners is seeking firms that can provide the
following services for this project:
* Provide overall management, coordination, and operation to combine all the
different factors in an End of the Year Publication.
* Provide for the compilation and distribution of the End of the Year Publication.
* Provide specific costs for the printing and distribution of the End of the Year
Publication.
* Cooperate with staff to coordinate the activities of the various divisions and
departments of the County to provide written information, interviews, and photographs,
for the compiling of the End of the Year Publication. Prepare and organize narrative and
statistical information.
ANTICIPATED SCHEDULE
The anticipated schedule for award of this contract is in December, 1999. The
anticipated schedule for beginning work is December, 1999 with distribution no later than
March, 2000.
2
PROPOSALS SHOULD CONSIST OF THE FOLLOWING
1, A statement of the proposer's previous experience in producing End of the Year
(or similar) Publications, and media publications is requested, supporting documentation
must be attached.
2. A list of principals involved in proposer's entity and their participation in other
related activities, such as putting together a publication of this type.
3. Identification of the staff, background, and credentials including any preViOUS
experience in End of the Year Publications or related publications.
4. Provide a current list of clients and list of references.
5. An organizational chart showing relationship among proposer's entity and staff
Location of proposer's main office and any local offices.
7. Statement of familiarity with and work in Monroe County.
TERM OF AGREEMENT
This agreement will be for a 3 month period commencing in December,
1999 ending no later than March, 2000.
SELECTION PROCESS
A review committee will review all responses and develop a short list of the
most qualified firms submitting for this RFP. The County Administrator and his Assistants
may select the best qualified firm from the short list submitted for the RFP. The County
will not be liable for any costs incurred by the proposers in connection with such
interviews or presentations or information regarding the RFP submission. The review
committee for the selection process for the end of year RFP will consist of the County
Administrator, the Community Services Director and the Director of the Office of
Management and Budget for the County. There should be no direct contact with members
of the review committee in reference to this RFP but, contact and specific questions may
be addressed to Purchasing Office, 5100 College Road, Public Service Building, Cross
Wing, Room 002, Key West, FL 33040, Fax (305) 292-4515, Phone (305) 292-4465.
SCOPE OF SERVICES
The End of the Year Publication provider services shall include but not be
limited to the following:
1. Develop, recommend, implement and publish an annual End of the Year
Publication for Monroe County.
2. Create, design, assemble, and produce an End of the Year Publication program to
most effectively demonstrate Monroe County to the citizens for the year 1999.
3. Assist in the selection of a printer and oversee the printing and distribution
operation.
4. The ability to work closely with the Administrator, Community Services Director
and his staff, the Division Directors, and Department Heads in Monroe County
Government to solicit information and statistics to be used in the End of the Year
Publication for distribution is paramount to the Scope of Services.
3
SPECIFICA TIONS
The following items must be included in any proposal:
1. The name and address of the Agency or business that is authorized to do business
in Florida and the contact individual or corporate officer authorized to execute contracts.
2. Briefly describe the agency, date of establishment, ownership, and organizational
structure.
3. Briefly describe the agency's capabilities.
4. List industry awards or recognition given the firm, preferably for advertising, End
of the Year Publications, and promotions.
5. Demonstrate the ability to gather information, collate information, and put the End
of the Year Publication together, and distribute it within a ninety (90) day period
commencing December 1, 1999 through March 31, 2000.
6. Provide costs for services for the End of the Year Publication.
8. Provide "footnote sources" in the End of the Year Publication.
9. Provide the end product of the End of the Year Publication on disc compatible
with the Monroe County computer system (Microsoft Word 97). This should also accept
input from Microsoft Office files. The output should be exportable to PDF format. This
must also have HTML with links (Internet).
FEE STRUCTURE:
Methods of compensation based on production costs, placement and agency mark
up expenses will be discussed and negotiated after agency selection with written
information required by the Request for Proposals in the performance of the oral/visual
presentation and information received from the bidder.
The agency selection from a request for proposals presentation in no way
constitutes a commitment of Monroe County until a contract is agreed upon by both
parties.
AGENCY PRESENTATION OUTLINE
The Agency shall provide a presentation outline in writing and visually to the
County Administrator for final consideration of the award of this contract for an RFP for
an End of the Year Publication on Monroe County Government.
Written portions of all proposals become the property of Monroe County upon
receipt and will not be returned to the bidder. Monroe County shall have the right to use
all ideas or adaptations of the ideas contained in the proposal received in response to this
request for proposal. Selection or rejection of the proposal will not effect this right.
No bidder initiated contact regarding this request for proposal or bidders proposals
shall be allowed between the bidder and the members of the reviewing committee.
4
Written questions concerning the RFP should be submitted in writing to the Purchasing
Office at least 10 days prior to the closing date and will be answered five days prior to the
closing date of December 7, 1999. Written questions shall be faxed to the Purchasing
Office at the following number: (305) 292-4515.
5
J..llILI""-..J".:::.H-.
rAt.;>t. 112
Ex'-'.\ 'o,-\- 1)
I NTERISK CORPORA TION
Ri.k Mana@e'roer\t
Employee Benefits
1111 North WeaUhOl') Boulevald
Suite 20B
Tampa, FL 33607-4711
Phone (813) 287-1040
Faceimile (813) 287-1041
Consultsnts
January 3, 2000
Mr. Wayne Robertson
Risk Mauaser
Monroe County
5100 College Road. Room 205
Key West, Florida 33040
R~: l,..,,'dIICt! Req,,'rcmmu for tile Preparatiott of YetD'-EIId p,,/HktItiM
Dear Wayne:
Your facsimile aloog with the proposed agreement for 1he preparation of a County YearEnd
Publication bas been reviewed and it is reconunended that the publisher be required to maintain the
following insuranoe-
Cover
Workers' Cornpeusation
General Liabili
Media L' ..
Limits
W/C- Statutory
ElL - $100 000/$500 000
$300 000 CSL
$1 million
C FOnD
wel
GLl
See A~
The County's Guide to Contract Adrninisttation does not contain Media Liability IaDsua8C.
R<<.oInmendtld language has been attaChed that caD be used for tis agrClClmel1t. It is eri.tic:al to DOte
that the staDdarcl Media Liability policy does DOt include cow:rage for errors and omissions of the
publisher. k is therefore important that the publiJher have its policy cndoned to ioc1ude Erron
and. Omission aets.
w~, '-'--II __UVU
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNlY
AND
Prior to the commencement of work governed by this contract, the Publisher shall obtain
Media Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include. as a minimum:
. Libel, Slander and Defamation of Character
. Patent and Copyright Infringement
. Errors and Omissions
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
An Occurrence Form policy is preferred. If coverase is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
ortend for a minimum of twelve (12) months following the acceptance of work by the
County.
Monroe County shall be named as Additional Insured on all policies issued to satisfy the
above requirements.
J:cROM : MARKET SHARE : FANTASY FEST
PHONE NO. 305 294 3335
Jan. 07 2000 i0:27AM Pi
COMPANY
Please deliver the following to S I<ln D L/
/
Fax number 30s- - 29~-41'//'
From Dc-B~I G" ~l>~~2)
Date 1- ~-IJO
Total pages this transmission j
(includes this page)
Regarding
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AnVF..RTISING · MARKE'rlNG · 'PUBLIC RELATIONS
rrHE MARKET SHARE Co.. P.Q.Box 1077. I<{EY WEST, FL 33041
(305) 296-5596 . FAX (305) 294-3335
FROM : MARKET SHARE : FANTASY FEST
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