Item E7 �s E.7
'r`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 `_ll Mayor Pro Tem David Rice,District 4
-re Florida.Keys ���r�`� � Craig Cates,District 1
r, Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
February 17, 2021
Agenda Item Number: E.7
Agenda Item Summary #7824
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552
N/A
AGENDA ITEM WORDING: Approval to advertise a Request for Proposals for a Professional
Advertising Agency for the Monroe County Tourist Development Council.
ITEM BACKGROUND: Our current Agreement with Tinsley Advertising and Marketing, Inc. to
provide professional advertising services expires on September 30, 2021. The deadline for receipt of
proposals would be April 6, 2021. The TDC would bring the final Agreement back to the BOCC for
approval by the September BOCC meeting.
Attached is a copy of the Request for Proposal.
TDC approved same at their meeting of February 9, 2021.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Advertising Agency RFP
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
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E.7
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Maxine Pacini Completed 02/01/2021 1:18 PM
Christine Limbert Completed 02/01/2021 4:00 PM
Liz Yongue Completed 02/01/2021 4:36 PM
Board of County Commissioners Pending 02/17/2021 9:00 AM
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ADVERTISING SCHEDULE
F _ 7 2021
_
"I'D " Appro al of RFP/ election Corm-mute/Approv ai W Ad erti p:
FEBRUARY 9, 2021
(Deadline: January 29, 2021)
BOCC APPROVAL TO ADVERTISE: FEBRUARY 17, 2021
Pending TDC approval on February 9th (Deadline: February 2, 2021)
ADVERTISE RFP: FEBRUARY 22, 2021
44 DAYS
DEADLINE- APRIL 6. 2021
END RECEIPTLETTERS LIB TTING "I"llla NI KNOW WE WILL BE
INFORMING OF A DECISION N AF,rER SELECTION CONI.NdI TEE IEla T N
STAFF REVIEW: APRIL 12, 2021 (Week of)
SEND TO ELECTII N COMEN/ll.l TEE: APRIL 19, 2021 (Week of)
SELECTION COMMITTEE REVIEW: MAY 3, 2021 (Week of)
INFORM APPLICANTS OF DECISION: MAY 3, 2021 (Week of)
(4-5 weeks' notice) u,
PRESEN 1FA I-10NI 1-0 FDC: i1J:N E 8, 2021
(Deadlitie: 1/1a7 28, 2021
SELECTION/CONTRACT NEGOTIATION MEETING: JUNE 14, 2021 (Week of)}
CONTRACT TO TDC: JULY 20, 2021
(Deadline: July 9, 2021)
BOCC APPROVAL OF CONTRACT: AUGUST/SEPTEMBER
2021
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E.7.a
NOTICE OF RE UESTFOR COMPETITIVE SOLICITATION
NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that no later than 3:00 P.M. on
Tuesday, April 6, 2021 the Monroe County Purchasing Office will receive sealed proposals for the
following:
Professional Advertising Ag enfic Services for Monroe Counfity '1 ouri t Developurie t Counficil
Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at
www.floridEublicnotices.com, a searchable statewide repository for all published legal notices.
Requirements for submission: the application and the selection criteria must be downloaded from
DemandStar by Onvia at www.demandstar.com. The Public Record is available at the Monroe
County Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 2-213, Key
West, Florida. All Responses must be sealed and must be submitted to the Monroe County
Purchasing Office.
In response to Covid-19,the Monroe County Purchasing Department has implemented a new electronic
process for receiving and opening sealed bids. Monroe County is committed to continuing to receive
and process competitive solicitations while maintaining the health and safety of our employees and those
who attend bid openings. Please do not mail or attempt to deliver in person any sealed bids. U-
Mailed/physically delivered bids/proposals/responses WILL NOT be accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted via email to: -
BIDS(cx�,monroecounty-fl.gov, no later than 3:OOP.M., on Tuesday, April 6, 2021. Please submit your
confidential financial information in a SEPARATE EMAIL from your bid and required documents. S
.N
Your subject line on both emails must read as follows:
Professional Advertising Agency Services for Monroe County Tourist Development Council
c.
Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size
that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected U
due to the file size.Should your bid documents exceed 25MB or if it is otherwise rejected or undeliverable
to - I Sn, onroecounty-fl.gov, in advance of the bid opening please email: o b-
purchasing(c�monroecounty-fl.gov.so accommodations for delivery of your bid can be made prior to the
bid opening. Please be advised that it is the bidder's sole responsibility to ensure delivery of their bid 9
and waiting until the bid opening to address or confirm your bid submission delivery will result in your
bid being rejected.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on Tuesday,
April 6,2021.You may call in by phone or internet using the following: E
Join Zoom Meeting
https://mcbocc.zoom.us/i/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156#US (New York)
+16699006833„4509326156#US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Dated at Key West this day of 2021. Monroe County Purchasing Department
Publication dates:
Citizen:
News Barometer:
Keys Weekly:
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E.7.a
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
REQUEST FOR COMPETITIVE
SOLICITATION
PROFESSIONAL ADVERTISING SERVICES FOR MONROE
COUNTVTOURIST DEVELOPMENT COUNCIL
U-
MONROE COUNINTDC
s. Rita Irwin, Chairperson
Mr. James Bernardin
Mayor Michelle Coldiron
Mr. George Fernandez
Mayor Teri Johnston <
Mr. Timothy Root �
Ms. Diane Schmidt �
r. Michael Shipley
s. Gayle Tippett
Director "
Stacey Mitchell
�c
All,,, responses subnaitted to this solicitation should be subnaitted via email to: -
Sr onroeco nty-fl. ov and received no later that :00 P.M. APRIL . 2021 at:
Attention: REQUEST FOR COMPETFFIVE SGl I `Fl° ,.1`1G : I tuff ssion l
Advertising envy Services 11br Monroe County 'Vourist DevelopitienCouncil
I)etailed instructions can he found in Section One of the Request for
Competitive Solicitation.
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TABLE OF CONTENTS
Page
SECTION ONE
Instruction to Proposers 4
General Terms and Conditions 17
SECTION THR E E
Terms and Conditions Specific to:
Professional Advertising Agency Services 20
SECTION FOUR �-
U-
Draft Agreement 22
SECTION FIVE w
Insurance Requirements and
Response Forms Required By Monroe County, Florida 42
SECTION S1
Request for Competitive Solicitation Checklist 56 CL
U-
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ISECTION
INSTRUCTION
All respondents must use the current Competitive Solicitation Documents downloaded from
the website www.demandstar.com. Use of any other document may result in your submission
being rejected at the sole discretion of the County.
1.01 DESCRIPTION
The Proposer awarded an Agreement shall provide Advertising Services for the Monroe
County Tourist Development Council (TDC). The Agreement will provide for the Advertising
Agency to act as a Provider to the TDC that shall provide services as outlined within
CL
Specifications in Section Three of this Competitive Solicitation. U-
1.02 COPIES OF DOCUMENTS
A. Only complete sets of Competitive Solicitation Documents will be issued and shall
be used in preparing responses. The County does not assume any responsibility for
errors or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of Documents may be obtained in the manner and at the location stated CL
in the Notice of Request for Competitive Solicitations.
1.03 RESPONSE REQUIREMENTS
In response to Covid-19, the Monroe County Purchasing Department has
implemented a new electronic process for receiving and opening sealed bids. Monroe T
County is committed to continuing to receive and process competitive solicitations
while maintaining the health and safety of our employees and those who attend bid
openings. Please do not mail or attempt to deliver in person any sealed bids.
Mailed/physically delivered bids/proposals/responses WILL NOT be accepted.
E
The Monroe County Purchasing Department hereby directs that bids be submitted
via email to: OMB-BIDSkmonroecounty-fl.gov, no later than 3:OOP.M., on April 6,
2021. Please submit your confidential financial information in a SEPARATE
EMAIL from your bid and required documents. Your subject line on both emails
must read as follows:
Professional Advertising Agency Services for Monroe County Tourist Development
Council
Files that do not contain this subject line WILL BE REJECTED. Please note that
the maximum file size that will be accepted by email is 25MB. Please plan
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accordingly to ensure that your bid is not rejected due to the file size. Should your
bid documents exceed 25MB or if your bid documents are otherwise rejected or
undeliverable to OMB-BIDS@monroecounty-fl.gov, please email: omb-
purchasing(a monroecounty-fl.gov. , in advance of the bid opening so
accommodations can be made for delivery of your bid prior to the bid opening.Please
note that some files when converted or zipped may cause the file to increase in size,
so please follow the instructions if your file is rejected or undeliverable and/or if you
receive an email notification that your bid was rejected. Please be advised that it is
the bidder sole responsibility to ensure delivery of their bid and waiting until the bid
opening to address or confirm your bid submission delivery will result in your bid
being rejected.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00
P.M., on April 6 2021. You may call in by phone or internet using the following: U_
a,
Join Zoom Meeting
https://mcbocc.zoom.us/i/4509326156
Meeting ID: 4509326156
e(
One tap mobile:
+16465189805„4509326156#US (New York)
+16699006833„4509326156#US (San Jose)
Dial by your location: U_
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
1.04 DISQUALIFICATION OF PROPOSERS
N
A. NON-COLLUSION AFFIDAVIT: Any person submitting a Proposal in response to
this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Proposers,the Proposal of all participants
in such collusion shall be rejected, and no participants in such collusion will be
considered in future Proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit
a Proposal on an agreement to provide any goods or services to a public entity, may
not submit a Proposal on an agreement with a public entity for the construction or
repair of a public building or public work, may not submit Proposals on leases or
perform work as a contractor, supplier, subcontractor or consultant under an
agreement with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for Category Two for a period of 36 months from the date of being placed
on the convicted vendor list.
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C. DRUG-FREE WORKPLACE FORM: Any person submitting a Proposal in response
to this competitive solicitation must execute the enclosed DRUG-FREE
WORKPLACE FORM and submit it with the Proposal. Failure to complete this form
in every detail and submit it with your Proposal may result in immediate
disqualification of your Proposal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT:
Any period submitted a Proposal in response to this invitation to this competitive
solicitation must execute the enclosed LOBBYING AND CONFLICT OF
INTEREST CLASUE SWORN STATEMENT and submit it with the Proposal.
Failure to complete this form in every detail and submit it with your Proposal may
result in immediate disqualification of your Proposal.
a.
E. PROPOSALS RECEIVED AFTER DEADLINE: Any Proposal submitted after the
Request for Competitive Solicitation deadline of 3:00 P.M. on April 6, 2021 will
automatically be disqualified.
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F. LOCAL PREFERENCE FORM: Proposer claiming a local preference must n
complete the enclosed Local Preference Form.
G. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES
LISTS: Section 287.135, Florida Statutes prohibits a company from bidding on,
submitting a proposal for,or entering into or renewing a contract for goods or services
of any amount if, at the time of contracting or renewal, the company is on the
Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135,
Florida Statutes, also prohibits a company from bidding on, submitting a proposal T
for, or entering into or renewing a contract for goods or services of $1,000,000 or
more, that are on either the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists
which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business
operations in Cuba or Syria.
1.05 EXAMINATION OF REQUEST FOR COMPETITIVE SOLICITATION
DOCUMENTS
A. Each Proposer shall carefully examine the Request for Competitive Solicitation and
other Agreement 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 Agreement. Ignorance on the
part of the Proposer will in no way relieve him of the obligations and responsibilities
assumed under the Agreement.
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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 Agreement
documents. Any inquiry or request for interpretation received seven (7) or more days prior to
the date fixed for opening of responses will be answered.Written questions should be mailed
to Maxine Pacini,Tourist Development Council, 1201 White Street, Suite 102,Key West,
Florida 33040 or faxed to (305) 296-0788 email may be sent to Maxine@fla-keys.com.
Any interpretation, correction or change of the Bidding Documents will be accomplished by
Addenda and if issued will be posted on DemandStar and a notification will be furnished by
DemandStar to all known prospective bidders listed as planholders prior to the established
opening date. Copies of Addenda will also be made available for inspection wherever Bidding
Documents are on file for that purpose. Interpretations, corrections, or changes of the Bidding
Documents made in any other manner will not be binding and Bidders shall not rely upon such
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interpretations and changes. Oral and other interpretations or clarifications will be without
legal effect. Each Proposer shall acknowledge receipt of such addenda in the space provided n
in the response form attached to the Proposal document. In case any Proposer fails to
acknowledge receipt of such addenda or addendum,his response will nevertheless be construed
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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 Proposal
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. �
All Proposals received will be reviewed by the Monroe County TDC Selection Committee. N
The Selection Committee will recommend that no more than three (3) of the agencies
submitting a Proposal be invited to make an oral/visual presentation. If requested, the
presentation will be made to the Monroe County TDC during an open meeting on June 8,
2021. Location to be determined. Finalists will be informed of the exact time and venue of a
presentation. No contact regarding this Request for Competitive Solicitation will be
allowed between the applicant and individual members of the TDC Board. The applicant
shall not lobby, solicit or act to influence the TDC Board in any way that may have an
effect on the outcome of the competition, discussion or negotiations leading to the award
of an Agreement.
1.07 GOVERNING LAWS AND REGULATIONS
The Proposer is required to be familiar with and shall be responsible for complying with all
federal, state and local laws, ordinances, rules and regulations that in any manner affect the
work.
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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 Agency name and the
words"Member of the Agency" should be written beneath such signature. If the Proposer is a
corporation, the title of the officer signing the Proposal on behalf of the corporation must be
stated along with the Corporation Seal Stamp and evidence of his authority to sign the Proposal
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.
A. Proposers must submit one (1) signed original. The Monroe County Purchasing
Department hereby directs that bids be submitted via email to:
BIDS(cx�,monroecounty-fl.gov. No waivers shall be allowed for responses which have
not been submitted to the County Purchasing Department by 3:00 P.M. on the �s
deadline date.
B. The response shall be submitted via email to: 0M - (c onroecountv-fl. ov
which shall be marked so as to clearly indicate its contents and the name of the
Proposer. Responses will be received until the date and hour stated in the Notice of U-
Request for Competitive Solicitations.
C. Each Proposer shall submit with their Proposal the required evidence of their
qualifications and experience.
N
D. Finalists will be notified in writing after the Selection Committee reviews
and selects no more than three (3) applicants to make presentations if
requested to the TDC on June 8,2021.Venue to be determined. Thereafter,
the recommendation of the TDC will be submitted to the Board of County
Commissioners. No contact regarding this Request for Competitive
Solicitation will be allowed between the applicant and the TDC Board.
1.09 DETERMINATION OF SUCCESSFUL PROPOSER
Award shall be made to the responsible Proposer whose proposal is determined to be the most
advantageous to the TDC and County,taking into consideration the evaluation criteria set forth
below:
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Experience, Technical Skills and Qualifications 35 points
Written Presentation 35 points
Financial Ability to Provide Services 10 points
Crisis Management Preparedness Plan/Case Study Analysis 10 points
Service Capability to Monroe County 10 points
*If Agency meets criteria of local business (local reference) 5 points
Total points earned are on a scale of 1 — 105 points (1 = lowest 105 = highest)
*To be entitled to the local preference,the Proposer must submit with their proposal a copy of
a valid receipt for business tax, issued by the Monroe County Tax Collector within the past
year. In addition, the Proposer must certify that the Proposer maintains a physical business
address located within Monroe County, from which the Proposer does business on a day-to-
day basis. The physical business address must be registered with the Florida Department of
State as the principal place of business for at least one year prior to the notice of the request
for bids or proposals. Post office boxes are not acceptable. (See Sec. 2-349, Monroe County
Code).
The TDC and County reserve the right to reject any and all responses and to waive technical
errors and irregularities as may be deemed best for the interests of the TDC and County.
Responses that are incomplete, unbalanced, conditional, obscure or that contain additions not
requested or irregularities of any kind, or that do not comply in every respect with the C.
Instruction to Proposer and the Agreement documents, may be rejected at the option of the
TDC and County.
1.10 CONTENT OF SUBMISSION
The proposal submitted in response to this Request for Competitive Solicitation shall be typed
on 8-1/2" x 11" white paper; shall be clear and concise and provide the information requested
herein. Statements submitted without the required information will not be considered.
Responses shall be organized, and sections noted at top of page. Since oral presentations or
demonstrations may not be solicited, the Proposer should not withhold any information from
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the written response. 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.
e advise tlfim prior h) yea rnple finfi thfie proposal, tt1fe Proposer haotild review tlfe Terns
and f onfi.litionfiSpecific h) thfie f of tfit�- side Professional Ad ertisinfig AgenficServices
f"ornpe—ifive olio banana otali feed i s ectiona Three h) enfist re tt1fe capabilit� h) handle thfie
Scope of Services regtdred by tlfe Monroe Cotitft� TDC and shaot ld also review tt1fe Draft
Ag re menfit provided ina ectiona Fot r h) enfistire tlfe abilh h) perform ina accordance witlf
"he Ag re menfiL
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The proposal should be sit up as follows:
A. COVER PAGE
A cover page that states "REQUEST FOR COMPETITIVE SOLICITATION-
Professional Advertising Agency Services for Monroe County Tourist Development
Council." The cover page should contain name, address, telephone number of
Proposer, and the name of the Proposer's contact individual or corporate officer
authorized to execute agreements.
B. SECTIONS
C.
Section 1. Narrative Self-Analysis
The Proposer should provide a brief description of the Proposer's agency, date of
establishment, ownership, organizational structure and mission statement.
Information regarding ownership must include a list of shareholders holding 5% or 4
more of stock, or, if the entity is a partnership, a list of general partners; if the entity
is a limited liability company, provide a list of members. If a solely owned
proprietorship, the name(s) of owners(s). List all officers and directors of the entity; a.
number of years the business has been operating as an advertising agency provider, U_
including number of years under current name.
The Proposer should provide a summary of any industry awards or recognition given
to the agency directly related to advertising services.
N
Section 2. References
Each Proposer shall provide references (minimum of three) for which the Proposer
has provided the same or similar services. Each reference shall include, at a
minimum:
a) Name and full address (including website address) of reference organization
b) Name of contact person for Agreement
c) Telephone number(s) and e-mail addresses
d) Date of initiation of Agreement with reference
e) Brief summary comparing the referenced services to these proposed services
for an advertising agency
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Section 3. Client Information
Proposer shall provide the following information:
a) Brief description of the agency's statewide, national and international accounts.
Briefly describe the types of services rendered for each account.
b) List the largest private sector current accounts. Briefly describe the types of
services rendered for each account.
c) List and briefly describe any clients relative to the geographic area of Monroe
County, Florida.
d) Provide a statement to show the agency's willingness,if awarded an Agreement
and if there should be a conflict between Monroe County and an existing
account, to consider terminating the existing account.
a.
Section 4. Financial Statements,Accounting and Bookkeenin2 Procedures
Proposer shall submit a financial statement and company account for all revenues and
expenses related to the provision of services under this Agreement pursuant to
generally accepted accounting principles. Proposer shall provide the following:
a) A set of financial statements (Cash Flow, Income and Expenditure, Balance
Sheet)for the prior three years,preferably with an audit opinion, for each of the
a.
two most recent fiscal years. �-
b) A statement as to whether accounting for billing purposes is performed in-house
or by a contracted accountant.
c) A statement regarding the Proposer's ability to respond to government purchase
orders; and
d) A statement outlining the procedures that will be used to issue invoices in the T
billing of services for the TDC.
e) Credit references (minimum of three)
Section 5. Staff Information
a) Proposer shall include a list of the proposed staff positions and describe each of
their qualifications and experience that will be dedicated to the account if
awarded this 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 with qualifications and experience.
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Section 6. Service Capability to Monroe County
a) Describe agency administrative facilities.
b) Provide agency website address for review.
c) Provide information of location of the closest office available to Monroe
County TDC administrative office for sales and technical support. If outside
the State of Florida, state if the agency would be willing to locate a sufficiently
staffed office in Monroe County or otherwise propose an anticipated method of
servicing the account.
d) Provide copies of documentation showing authorization to do business in the
State of Florida. You must be registered at www.sunbiz.org.
e) Provide statement acknowledging that the agency would agree not to represent
any new tourism/destination clients without the approval of the Monroe County
Tourist Development Council. U-
f) The Proposer should provide a brief summary on the agency's crisis
management preparedness plan to provide uninterrupted service to the Monroe
County Tourist Development Council in case of a catastrophic event, such as a
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hurricane, that may affect contractual service. Summary should include how
communications shall continue; how marketing materials will be saved and n
managed; and how work proceeds if electric power is interrupted for an
indefinite period, or the agency facility is damaged significantly.
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Section 7. Compensation
Compensation based on production costs, media placement, commissions or other
agency functions will be discussed during finalist presentations, and final decision
made during contract negotiations T)
Section 8. Written Presentation
Give a short written outline presentation on how the agency would propose to develop
a campaign for the Florida Keys, that would include: a position analysis, target
markets and display several examples of creative proposals for this campaign.
Include print, broadcast(story board) and digital/mobile advertising. Please allocate
what percentage of each of those media placement sources (equaling 100%) would
make up your plan.
No contact regarding this presentation or competitive bid process will be allowed
between the bidder and individual members of the Selection Committee or TDC
board members.
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Section 9. Litigation
The Proposer must provide answers to the following questions regarding claims and
suits:
a) Has the person, principals, entity or any entity previously owned, operated or
directed by any of its officers, major shareholders or directors, ever failed to
complete work or provide the goods for which it has contracted? Yes or No. If
yes,provide details.
b) Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or
general partners? Yes or No. If yes,provide details.
c) Has the person, principal of the entity, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors,
within the last five (5) years, been a party to any lawsuit, arbitration, or
mediation with regard to an Agreement for services similar to those requested
in the specifications with private or public entities? Yes or No. If yes, provide
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details.
d) Has the person,principal of the entity, or any entity previously owned, operated n
or directed by any of its officers, owners, partners, major shareholders or
directors, ever initiated litigation against the County or been sued by the County
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in connection with an Agreement to provide services, goods or construction 0.
services? Yes or No. If yes, provide details. U_
e) Whether, within the last five (5) years, the owner, an officer, general partner,
principal, controlling shareholder or major creditor of the person or entity was
an officer, director, general partner,principal, controlling shareholder or major
creditor of any other entity that failed to perform services or furnish goods
similar to those sought in the request for competitive solicitation: Yes or No. T
If yes,provide details.
Section 10. County Forms a
Proposer shall complete and execute the forms specified below and found at the
designated pages in this Request for Competitive Solicitation, and shall include them
in Section Five:
Pages
Response Form 43
Non-Collusion Affidavit 44
Ethics Clause 45
Drug Free Workplace 46
Public Entity Crime Statement 47
Local Preference Form 48
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Vendor Certification Regarding Scrutinized
Companies List 50
Insurance Requirements 51
Copies of all current professional licenses and copies of business tax receipts shall be
included in this Section.
Section 11. Other Information
Provide any additional information which will present evaluators with insight about
the qualifications, fitness and abilities of Proposer.
Section 12. Competitive Solicitation Checklist
Please review and complete the Competitive Solicitation Checklist (page 55)
included in this Request for Competitive Solicitation. Those applicants not n
submitting all items requested will automatically be disqualified.
1.11 MODIFICATION OF RESPONSES
Written modifications of Proposals after the initial submission will be accepted from Proposer
only if addressed to the entity and email address indicated in the Notice of Request for
Competitive Solicitations and received prior to proposal due date and time. Modification must
be submitted via email to: OMB-BIDSLa,,,monroecounty-fl.gov with the Proposers name and
"Modification to REQUEST FOR COMPETITIVE SOLICITATION — Professional
Advertising Agency Services for Monroe County Tourist Development Council".
1.12 RESPONSIBILITY FOR RESPONSE
The Proposer is solely responsible for all costs of preparing and submitting the response,
regardless of whether an Agreement award is made by the County.
1.13 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and read
aloud at the appointed time and place stated in the Notice of Request for Competitive
Solicitations. Monroe County's representative authorized to open the responses will decide
when the specified time has arrived and no responses received thereafter will be considered.
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No responsibility will be attached to anyone for the premature opening of a response not
properly addressed and identified. Proposer or their authorized agents are invited to be present.
1.14 DETERMINATION OF SUCCESSFUL PROPOSER
Following the receipt of responses, the Selection Committee will meet in a publicly noticed
meeting and evaluate the responses based on the criteria and point total above. The County
reserves the right to reject any and all responses and to waive technical errors and irregularities
as may be deemed best for the interests of the County. Responses that are incomplete,
unbalanced, conditional, obscure or which contain additions not requested or irregularities of
any kind, or which do not comply in every respect with the instruction to Proposers and the
Agreement documents, may be rejected at the option of the County.
a.
1.15 AWARD OF AGREEMENT
a) If the award of an Agreement is annulled,the County may award the Agreement
to another Proposer or the work may be re-advertised or may be performed by n
other qualified personnel as the County decides.
b) An Agreement will be awarded to the highest ranked Proposer deemed to
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provide the services which are in the best interest of the County. 0.
c) 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.
m
d) The recommendations of the TDC will be presented to the Board of County
Commissioners of Monroe County (BOCC), Florida, for final approval of
Agreement. N
1.16 EXECUTION OF AGREEMENT
The Proposer to whom an Agreement is awarded will be required to return to the County one
(1) signed original Agreement together with the required certificates of insurance.
1.17 INSURANCE
The Proposer shall defend,indemnify and hold harmless the County as outlined on the attached
form on page 41.
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1.18 BID PROTEST
Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or
intended decision to award a contract shall submit in writing a notice of protest which must be
received by the County Attorney's Office within seventy-two (72) hours or three (3)business
days, whichever is less, after the posting of the notice of decision or intended decision on
DemandStar or posting of the notice of decision or intended decision on the Monroe County
Board of County Commissioners' ("BOCC") agenda, whichever occurs first. Additionally, a
formal written protest must be submitted in writing and must be received by the County
Attorney's Office seventy-two (72) hours or three (3) business days prior to the BOCC's
meeting date in which the award of contract by the BOCC will be heard. The only opportunity
to address protest claims is before the BOCC at the designated public meeting in which the
agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth
in the Monroe County Board of County Commissioners Administrative Procedures, the U_
Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with
his/her name and residence prior to the agenda item to award the contract being called in order
to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to
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address the Commission and a person representing an organization has five (5) minutes to
address the Commission. The BOCC decision to award the contract is final and at their sole n
discretion. Failure to timely protest within the times and manner prescribed herein shall
constitute a waiver of the ability to protest the award of contract, unless the BOCC determines
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that it is in the best interest of the County to excuse the protest waiver. The filing of a protest CL
shall not stop the solicitation, negotiations, or contract award process, unless it is determined U_
that it is in the best interest of the County to do so.
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ISECTIONTWO
GENERAL TERMS AND CONDITIONS
2.01 DEFINITIONS
Wherever used in these General Conditions or in the other Agreement documents the terms
below have the meanings indicated which are applicable to both the singular and plural thereof.
The use of the terms "he," "him," "himself' or "his" shall refer to male and female persons
alike and should not be construed as derogatory or discriminatory to female persons.
Request for Competitive Solicitation: This term includes Request for Proposal (RFP) and is
a solicitation of responses for prices and terms for procurement of goods and/or services for
CL
which the scope of work, specifications or contractual terms and conditions cannot reasonable U_
be closely defined by the county. Evaluation of a proposal is based upon prior established
criteria which may include but may or may not be totally limited price.
Addenda: Additional directions or modifications issued during the procurement process
provided via written or graphic instruments which clarify, correct or change the proposal
documents or the Agreement documents.
Proposal Documents: The advertisement or Notice of Request for Competitive Solicitation, CL
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instructions and forms contained in this Request for Competitive Solicitations (Response
Form,Non-Collusion Affidavit,Lobbying and Conflict of Interest Clause,Public Entity Crime
Statement, Drug Free Workplace) and the proposed Agreement documents (including all
addenda issued prior to receipt of responses). <C
Proposer: a person or entity who submits a proposal/response. T
Agreement Documents: The Proposal Documents, Agreement, Addenda (which pertain to
the Agreement documents), the Proposer's proposal or response (including documentation
accompanying the response and any post-response documentation submitted prior to the notice
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of award) when attached as an exhibit to the Agreement, these General Conditions, together
with all amendments, modifications and supplements.
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Compensation: Compensation will be discussed during finalist presentations and final
decision made during Agreement negotiations.
Agreement Time: The Agreement shall be in force and binding on the County and the Agency
for a period of three (3)years with an option for the County to renew for one additional two-
year period.
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Agency: Entity that is providing the Response and with whom the County may ultimately
enter into an Agreement.
Contractor: The person, agency or corporation with whom the County has entered into the
Agreement.
Effective Date of the Agreement: The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
Laws and Regulations; Laws or Regulations: Federal, state and local laws, rules,
regulations, ordinances, codes and/or orders.
Notice of Award: The written notice to the apparent 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 Agreement.
County: The Monroe County Board of Commissioners with whom the Agency has entered
into the Agreement and for whom the work is to be provided. n
Specifications: Those portions of the Agreement documents consisting of written technical
descriptions of materials and services required under the Agreement. a.
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Written Amendment: A written amendment of the Agreement documents, signed by the
County and the Agency, on or after the effective date of the Agreement.
Failure to Execute Required Forms: Failure to execute the required forms shall result in
entity being disqualified and the response being rejected.
2.02 PROPOSER'S RESPONSIBILITIES
2.02.1 Supervision and Personnel
The Proposer shall supervise and direct the work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the
work in accordance with the Agreement documents.
2.02.2 Parts, Materials and Equipment
Unless otherwise specified in the Agreement, the Proposer 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.
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2.02.3 Taxes
The Proposer shall pay all sales, consumer, use and other similar taxes required to be paid by
the Proposer in accordance with the laws and regulations of the place of the project which are
applicable during the performance of the work. The County is not liable for sales or use taxes.
2.02.4 Compliance with Laws
The Proposer shall comply with all applicable laws and regulations of federal, state and local
governments.
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ISECTIONTHREE
TERMS AND CONDITIONS SPECIFIC TO COUNTY-WIDE PROFESSION
ADVERTISING AGENCY
The advertising agency services shall include, but not be limited to, the following:
1. Develop, recommend, and implement an annual advertising media placement
plan for the most effective advertising and promotional program,with strategies
directed toward the promotion of overnight visitors to the Florida Keys.
2. Create, design, and produce a program of advertisements to most effectively
appeal and target domestic and international overnight visitors to Monroe
County (Florida Keys).
a.
3. Analyze, develop, and purchase the most efficient and productive media
including print, broadcast, outdoor, digital/mobile and social marketing.
4. Provide and produce the necessary materials, shipping, storage and distribution
for the production of promotional collateral fulfillment and related sales
materials.
5. Develop and coordinate co-op programs with mutually beneficial industry CL
partners. U-
6. Develop and coordinate advertising efforts for the over-all Florida Keys generic
campaign, while emphasizing the features of five distinct regions or districts
within the Keys.
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7. Develop and coordinate advertising efforts for the five (5) District Advisory
Committee areas of the Florida Keys.
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8. Create and produce an advertising campaign for the travel trade industry a
targeting travel agents, tour operators, meeting planners and other travel
planners.
9. Create and produce advertising for the Umbrella Advisory Committee
organizations that include the Diving, Fishing and Cultural industry programs.
10. Provide support for public relations agency, web site provider and sales staff
both domestically and through the European agencies of record for domestic
and international advertising campaigns.
11. Provide a Crisis Management Preparedness Plan/Provide Case Study Analysis
Plan.
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A draft contract has been furnished in Section Four to help outline the possible
services of a full-service agency of record to Monroe County. The Scope of Services
may change before negotiating the final contract between the parties.
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SECTION FOUR
AGREEMENTDRAFT
THIS AGREEMENT(Agreement), made and entered into this day of
2021, A.D., by and between Monroe County, Florida, (hereinafter called the County), and
(hereinafter called the Contractor).
WITNESSETH:
WHEREAS, Contractor is uniquely qualified to provide professional advertising
services which includes consulting advice relating to the Tourist Development Council (TDC)
marketing and promotion of tourism, and
WHEREAS, Contractor has been furnishing quality professional advertising services
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which promote tourism for O years and is otherwise qualified to provide the services; U_
and
WHEREAS, the TDC, an advisory board to the County's Board of County
Commissioners (BOCC) has recommended to County that a new Agreement for advertising
services be entered into with Contractor, and
WHEREAS, County desires to enter into this Agreement for advertising services with <
the Contractor; C.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Term: The term of this Agreement is for a period of three (3)years beginning October
1, 2021 and expiring on September 30, 2024. The County shall have an option to extend the T
Agreement for one additional two (2)year period.
2. Scope of Services: The Contractor will serve as the full-service advertising agency for
the Monroe County TDC and County. The Contractor and the advertising programs are subject
to review by the Monroe County TDC.
A. Key Personnel: This Agreement is a professional service Agreement
with expectation that principal personnel performing the services are those personnel listed.
Notice of any change in personnel shall be sent to the TDC and County. The principals
assigned are the following:
1)
2)
3)
4)
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MINIMUM STAFF PERSONNEL ASSIGNED:
1) Account Management Supervisor; approved by the Chairperson of
the TDC and Marketing Director
2) Senior Account Executive; Account Coordinator and additional
staff within the normal services will be assigned as required.
B. At least one of the principals shall meet with the Monroe County TDC
at all regularly scheduled meetings of the TDC, Advisory and Umbrella Committees, and at
any other times as directed by the TDC.
C. Contractor agrees to assign an advertising Account Supervisor who will
devote such time and effort as necessary to the account on a priority basis, including full time
when required. Duties of the Account Supervisor will include contact as required with the
Chairperson or Vice-chairperson of the TDC, Marketing Director or other designee. Other
duties include regular consultation visits throughout Monroe County; consultations with TDC
Advisory Committees within the Keys, and interfacing with other agencies of record such as
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Public Relations and Website provider as directed by the TDC; participation in, and
coordination of, media planning; coordination of production and traffic activities with the n
Contractor; coordination of and liaison with mail fulfillment services on behalf of the TDC;
and liaison with private sector resorts, attractions and other tourism related fields in Monroe
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County, relating to the development of an effective advertising program for the Florida Keys.
D. Contractor agrees that time is of the essence, and to provide on a timely
basis, copy and concepts and supervision of tangible materials for media and collateral
production materials, including: radio and television, print, digital/mobile, social, website,
outdoor, direct mail or any such technology which may be employed to further the objectives
of the TDC; traffic and billing of media and collateral production materials. T
E. Contractor shall provide materials for the design and creative content of
the website upon request of TDC website provider.
F. Contractor shall employ its knowledge of available media and media
research, and normal use of out-sourced media research services to which the Contractor
subscribes for the purpose of planning media advertising programs.
G. Contractor shall counsel TDC/County in the use of special media,
marketing,product and consumer research as may be advisable.
H. Contractor shall formulate and recommend media plans based on
written objectives established within the TDC marketing plan and review on an annual basis.
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I. Contractor shall order media space, time or other means of media to be
used, endeavoring to secure the most advantageous rates available, checking and verifying
such media use, auditing and paying invoices to media.
J. Contractor shall negotiate special talent fees in accordance with trade
contracts to be more inclusive of total work and keep costs to a minimum.
K. Contractor may establish Agreements with sub-contractors for
production, traffic and other marketing services.
L. Contractor shall obtain written pre-approval on all advertising, media
buys,production and materials from the TDC Marketing Director or TDC Chairperson.
M. Contractor shall have all media and production expense accounts placed
on individual purchase orders. All invoices shall have the proper purchase order number. No
invoice will be paid unless account funds are available. No invoices will be paid outside the
advertising budget without TDC approval.
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3. Compensation: Compensation shall be paid, subject to availability of Tourist
Development Tax Funds and approved purchase orders as follows:
A. Media Placement:
1) Contractor shall be compensated for media placement at the net cost
to Contractor plus % percent commission, upon receipt and
proof of payment of media invoices with affidavits and/or tear
sheets, screenshots, etc. Net rate is the actual negotiated paid cost
for media placement to the vendor without any markup costs. This
will include all generic and district campaigns, cultural, fishing and T
diving umbrella campaigns, and all co-op advertising placement.
Co-op advertising is established to provide lodging
accommodations and other tourist related businesses within Monroe
County an opportunity to buy into TDC advertisements at a cost
effective rate.
2) Contractor shall be reimbursed for projects designated as special
projects approved by the TDC at actual costs, plus %, the total
not to exceed the amount budgeted by TDC.
3) In the event of a catastrophe for Monroe County and/or for South
Florida, such as a hurricane or other business interuption, and
subject to the provisions in paragraph 33, Force Majeure, or other
crisis management situation, the Contractor shall confer with the
TDC Marketing Director and/or TDC Chairperson and perform the
same types of services described in this Agreement. The Contractor
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also agrees that it will have protocol (see Exhibit A)in place for any
catastrophe affecting the Contractor's base of operations, i.e.:
safeguarding of all official photography & film; facilities and
equipment available; staff availability and all other vital material
relative to the continued marketing of the Florida Keys. In addition,
the Contractor will ensure the ability to cancel existing media and
produce and place ongoing media.
4) Contractor shall prioritize local talent and sub-contractors for
production and other marketing services when appropriate.
B. Reimbursable Expenditures: The County shall reimburse the Contractor
for all approved expenditures and payments made on the County's behalf for media placement
subject to state and County rules and regulations. Packaging, shipping, express mail,postage, U_
legal expenses on behalf of County, and travel expense for Contractor's personnel shall be
considered reimbursable expenses, subject to County's approval. Travel expenses of approved
personnel on behalf of the business of the TDC shall be compensated at the rates established
by Florida law and County policy.
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C. Invoices:
1) All invoices submitted by the Contractor to the TDC shall have the
proper purchase order number and be marked as to which account
c.
is properly chargeable. U_
2) Normal production costs for specific pre-approved jobs will be
submitted for payment at one time upon completion. The
Contractor is encouraged to use in-county vendors to supply
services wherever possible, and when the local vendors are able to T
supply goods or services that are at least equivalent to the quality of
goods and services of out-of-county vendors, and meet the needs of
the TDC and the County. To that end, the Contractor understands �.
and agrees that in any project the Contractor, if requested,may need
to prepare and submit a production budget for approval by the TDC
Marketing Director. This budget would include a breakdown of
expenses by category and the name of each vendor or subcontractor
proposed for each category.
3) No percentage will be added to Contractor charges for packaging,
shipping, express mail, postage, telephone, legal fees and services
and travel expenses for Contractor's personnel.
4) The Contractor's invoices and statements shall be payable by
County according to the Florida Local Government Prompt
Payment Act.
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5) Contractor may seek reimbursement for media placed but then not
run due to declared emergency.
D. Production Charges:
1) The % commission on the net media placement budget covers
the cost of: Contractor senior management services, account
management services, media services, accounting services and staff
creative development services for Generic, DAC, Event and
Umbrella advertising as follows:
(a) Existing newspaper campaign ads, including: revised layout,
new copy/copy revisions, art direction, traffic & production U_
supervision. Note: computer artists and type, stats and color
copies not included.
(b) All new co-op newspaper ads including: concepts and
comprehensive layouts, copy/copy revisions, art direction, n
traffic & production supervision. Note: computer artists and
type, stats and color copies not included.
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(c) Existing magazine ads, including: revised layout, new
copy/copy revisions, art direction, traffic & production
supervision. Note: computer artists and type, stats and color
copies not included.
(d) Existing digital/mobile marketing ads, including: revised T
format, new copy/copy revisions, art direction, traffic &
production supervision. Note: computer artists and type, stats
and color copies not included.
(e) Minor revisions to existing television and radio (such as new
supers/titles, sponsorship logos, etc.).
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2) Creative Services Not Included: staff creative development services
for media and collateral materials, i.e.; photo shoots/TV
shoots/podcast videos, editing television commercials,
videos/infomercials, point of sale materials, new magazine
campaigns, new newspaper campaigns, new digital/mobile
campaigns, direct mail, new brochures and major revisions to
existing brochures will be estimated and prior approval obtained for
each project at the following hourly rates:
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Creative Director- $
Concepts and Comprehensive Layouts - $
Senior Copywriter- $
Copywriter- $
Senior Art Direction & Supervision - $
Broadcast Supervision - $
Computer Artist- $
Traffic & Production Supervision - $
Color Outputs $ each
3) Out of pocket expenses for creative development are reimbursable
at cost plus % and include, but are not limited to, the
following:
a.
Photographers and Assistants
Film Production Crew
Editing Facilities & Services
Audio Recording Facilities
Models/Actors/Voice-over Talent N
Four-Color Film (for print pubs)
Retouching 4/Color Film
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Stock Photo Search and Usage Fees
SAG and AFTRA Residuals
TV Dupes, Radio Dupes, etc.
Printing
Media and Collateral Materials
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The County and the TDC assume no liability to fund this Agreement for an amount in excess T
of this award. Payment for expenditures permissible by law and County policies shall be made
through reimbursement to Contractor upon presentation of invoices, and other documentation
necessary to support a claim for reimbursement. Monroe County's performance and obligation
to pay under this Agreement is contingent upon an annual appropriation by the Board of
County Commissioners.
4. Contractor's Acceptance of Conditions: The Contractor hereby agrees to carefully
examine the Scope of Services and assumes full responsibility therefore. Under no
circumstances, conditions or situations shall this Agreement be more strongly construed
against the County than against the Contractor.
a) Any ambiguity or uncertainty in the Scope of Services shall be interpreted and
construed by the County, and the County's decision shall be final and binding upon all
parties.
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b) The passing, approval and/or acceptance by the County of any of the services furnished
by the Contractor shall not operate as a waiver by the County of strict compliance with
the terms of this Agreement. Failure on the part of the Contractor, immediately after
Notice to Correct a default, shall entitle the County, if it sees fit, to correct the same
and recover the reasonable cost of such replacement and/or repair from the Contractor,
who in any event shall be jointly and severely liable to the County for all damage, loss
and expense caused to the County by reason of the Contractor's breach of this
Agreement and/or his failure to comply strictly and in all things with this Agreement
and with the specifications.
c) The Contractor agrees that the TDC may designate representatives to visit the
Contractor's facility(ies)periodically to conduct random open file evaluations during
the Contractor's normal business hours.
a.
d) The Contractor warrants that it has, and shall maintain throughout the term of this
Agreement, appropriate licenses and permits required to conduct its business, and that
it will at all times conduct its business activities in a reputable manner. Proof of such
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licenses and permits shall be submitted to the County upon request.
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5. Advertising Agency of Record: Contractor shall act as the agency of record for
preparation and placement of the County's TDC advertising using "bed tax" funds except as
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otherwise mutually agreed upon. Contractor shall perform related or special services as CL
requested by the TDC. U_
6. Exclusive Representation: Firm agrees that it will not represent any private resort or
attraction or other destination within Monroe County or other county or city destinations
within the State of Florida without approval from the TDC and County. Provision of creative T
and mechanical services for participants in co-op advertising and other County programs is
permissible.
7. Contractor's Financial Records and Right to Audit: Contractor shall maintain all
books, records and documents directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles consistently applied. Each party to
this Agreement or their authorized representatives shall have reasonable and timely access to
such records of each other party to this Agreement for public records purposes during the term
of the Agreement and for four years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to the Contractor pursuant to
this Agreement were spent for purposes not authorized by this Agreement,the contractor shall
repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statute,
running from the date the monies were paid to Contractor.
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Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Scope of
Services/Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps,bidding instructions,bidders list,
etc.); original estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance
rebates and dividends; any other supporting evidence deemed necessary by County or the
Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as
"County Clerk") to substantiate charges related to this agreement, and all other agreements,
sources of information and matters that may in County's or the County Clerk's reasonable
judgment have any bearing on or pertain to any matters, rights, duties or obligations under or
covered by any contract document(all foregoing hereinafter referred to as "Records") shall be U-
open to inspection and subject to audit and/or reproduction by County's representative and/or
agents or the County Clerk. County or County Clerk may also conduct verifications such as,
but not limited to, counting employees at the job site, witnessing the distribution of payroll,
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verifying payroll computations, overhead computations, observing vendor and supplier
payments, miscellaneous allocations, special charges, verifying information and amounts n
through interviews and written confirmations with employees, Subcontractors, suppliers, and
contractors representatives. All records shall be kept for ten (10)years after Final Completion
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of the Scope of Services/Project. The County Clerk possesses the independent authority to CL
conduct an audit of Records, assets, and activities relating to this Scope of Services/Project. If
any auditor employed by the Monroe County or County Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to
Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to
audit provisions survives the termination of expiration of this Agreement. T
8. Public Records Compliance: Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, records, papers, letters or other"public record" materials
in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the County and Contractor in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally cancel this
contract upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and the County
may enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with
that proceeding. This provision shall survive any termination or expiration of the contract.
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The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration
of the contract term and following completion of the contract if the contractor does not transfer
the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the Contractor or keep and maintain public records that would be required by
the County to perform the service. If the Contractor transfers all public records to the County
upon completion of the contract,the Contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,the Contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's custodian of
records, in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County
N
shall immediately notify the Contractor of the request, and the Contractor must provide the
records to the County or allow the records to be inspected or copied within a reasonable time.
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If the Contractor does not comply with the County's request for records, the County shall a
enforce the public records contract provisions in accordance with the contract,notwithstanding
the County's option and right to unilaterally cancel this contract upon violation of this
provision by the Contractor. A Contractor who fails to provide the public records to the County
or pursuant to a valid public records request within a reasonable time may be subject to
penalties under section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040.
9. Hold Harmless: The Contractor covenants and agrees to indemnify and hold harmless
the County and the TDC from any and all claims for bodily injury (including death),personal
injury and property damage (including property owned by Monroe County) and any other
losses, damages and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the Contractor or any of its subcontractors in any
tier, occasioned by the negligence, errors or other wrongful act of omission of the Contractor
or its subcontractors in any tier,their employees or agents.
10. Independent Contractor: At all times and for all purposes under this Agreement the
Contractor is an Independent Contractor and not an employee of the County. No statement
contained in this Agreement shall be construed so as to find the Contractor or any of his
employees, contractors, servants or agents to be employees of the County.
11. Nondiscrimination: County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. County or Contractor agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the T
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended(20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis
of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The
Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7)The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights
Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
12101 Note), as maybe amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination
on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender
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identity or expression,familial status or age; 11)any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
12. Assignment/Subcontract: The Contractor shall not assign or subcontract its obligations
under this Agreement, except in writing and with the prior written approval of the County and
Contractor, which approval shall be subject to such conditions and provisions as the County
may deem necessary. This paragraph shall be incorporated by reference into any assignment
or subcontract and any assignee or subcontractor shall comply with all of the provisions of this
Agreement.
13. Compliance with Law: In providing all services/goods pursuant to this Agreement,the
Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter U-
adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this Agreement and shall entitle the County to terminate this Agreement
immediately upon delivery of written notice of termination to the Contractor. The Contractor
shall possess proper licenses to perform work in accordance with these specifications
throughout the term of this Agreement.
14. Disclosure and Conflict of Interest: The Contractor represents that it, its directors,
principles and employees,presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by
this Agreement, as provided in Sect. 112.311, et seq., Florida Statutes. County agrees that
officers and employees of the County recognize and will be required to comply with the
standards of conduct for public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency;unauthorized compensation;misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Upon execution of this Agreement, and thereafter as changes may require,the Contractor shall
notify the County of any financial interest it may have in any and all programs in Monroe
County which the Contractor sponsors, endorses, recommends, supervises or requires for E
counseling, assistance, evaluation or treatment. This provision shall apply whether or not such
program is required by statute, as a condition of probation, or is provided on a voluntary basis.
The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual or Contractor, other than a bona fide employee working solely for it,
any fee, commission,percentage, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion,to offset from monies owed, or otherwise recover the full amount
of such fee, commission,percentage, gift or consideration.
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15. Arrears: The Contractor shall not pledge the County's credit or make it a guarantor of
payment or surety for any agreement, debt, obligation, judgment, lien or any form of
indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
16. Notice Requirement: Any notice required or permitted under this Agreement shall be
in writing and hand delivered or mailed, postage prepaid, to the other parry by certified mail,
return receipt requested, to the following:
FOR TDC: Maxine Pacini
Monroe County TDC
1201 White Street 4102
Key West, FL 33040
FOR COUNTY: Christine Limbert-Barrows,
Assistant County Attorney
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PO Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR: (insert)
17. Taxes: The County is exempt from payment of Florida State Sales and Use taxes. The
Contractor shall not be exempted by virtue of the County's exemption from paying sales tax
to its suppliers for materials used to fulfill its obligations under this Agreement, nor is the
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Contractor authorized to use the County's Tax Exemption Number in securing such materials.
The Contractor shall be responsible for any and all taxes, or payments of withholding, related T
to services rendered under this Agreement.
18. Termination: �.
a) The County may terminate this Agreement for cause with seven (7) days' notice to the
Contractor. Cause shall constitute a breach of the obligations of the Contractor to
perform the services enumerated as the Contractor's obligations under this Agreement.
b) Either of the parties hereto may terminate this Agreement without cause by giving the
other parry one hundred and twenty (120) days written notice of its intention to do so.
c) For Contracts of any amount, if the County determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of(1) terminating the Agreement
after it has given the Contractor/Consultant written notice and an opportunity to
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demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
d) For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5),Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List,or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given
the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
19. Governing Law, Venue, Interpretation, Costs and Fees:
a) This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to agreements made and to be performed entirely in the n
State.
b) In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement,the County and Contractor agree that
venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
c) The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them, the issue shall be T
submitted to mediation prior to the institution of any other administrative or legal
proceeding.
d) Severability. If any term, covenant, condition or provision of this Agreement(or the a
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
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e) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any parry
relative to the enforcement or interpretation of this Agreement, the prevailing parry
shall be entitled to reasonable attorney's fees, court costs, investigative and out-of-
pocket expenses, as an award against the non-prevailing parry, and shall include
attorney's fees, courts costs, investigative and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
f) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by Meet and Confer
Sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties,then any parry shall have the right to seek U_
such relief or remedy as may be provided by this Agreement or by Florida law.
g) Cooperation. In the event any administrative or legal proceeding is instituted against
either parry relating to the formation, execution, performance or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other parry, in all proceedings, hearings, processes, meetings and other activities
related to the substance of this Agreement or provision of the services under this
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Agreement. County and Contractor specifically agree that no parry to this Agreement CL
shall be required to enter into any arbitration proceedings related to this Agreement. U_
20. Binding Effect: The terms, covenants, conditions and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors and assigns.
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21. Authori : Each parry represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law. �.
22. Claims for Federal or State Aid: Contractor and County agree that each shall be, and
is, empowered to apply for, seek and obtain Federal and State funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals and funding
solicitations are not for funding already provided under this Agreement.
23. Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances and rules, and pensions and relief, disability, workers'
compensation and other benefits which apply to the activity of officers, agents or employees
of any public agents or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,volunteers
or employees outside the territorial limits of the County.
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24. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing the
delegation of the constitutional or statutory duties of the County,except to the extent permitted
by the Florida constitution, state statute and case law.
25. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enmajany third-party claim
or entitlement to or benefit of any service or program contemplated hereunder, and the County
and the Contractor agree that neither the County nor the Contractor or any agent, officer or U_
employee of either shall have the authority to inform, counsel or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general
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or for the purposes contemplated in this Agreement.
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26. Attestations: Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement and a
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Drug-Free Workplace Statement. 0.
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27. No Personal Liability: No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement. T
28. Insurance: The Contractor shall maintain the following required insurance throughout
the entire term of this Agreement and any extensions. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend any deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
work had not been suspended, except for Contractor's failure to maintain the required
insurance.
The Contractor shall provide,to the County, as satisfactory evidence of the required insurance,
either:
* Certificate of Insurance
OR
* A Certified copy of the actual insurance policy
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The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this Agreement. All Insurance policies must specify that they have a thirty
(30) day notice of cancellation, non-renewal, material change in policy language or reduction
in coverage. The acceptance and/or approval of the Contractor's insurance shall not be
construed as relieving the Contractor from any liability or obligation assumed under this
Agreement or imposed by law. The Monroe County BOCC, its employees and officials shall
be included as an "Additional Insured" on all insurance policies, except for Workers'
Compensation, as their interests may appear in all policies issued to satisfy these requirements.
Any deviations from these General Insurance Requirements must be requested in writing on
the County prepared form entitled "Request for Waiver of Insurance Requirements". Any
deviation must be approved in writing by Monroe County Risk Management.
a.
a) Prior to the commencement of work governed by this Agreement, the Contractor shall
obtain Workers' Compensation Insurance with limits sufficient to comply with Florida
Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance
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with limits of not less than:
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$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
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$100,000 Bodily Injury by Disease, each Employee
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Coverage shall be maintained throughout the entire term of this Agreement. Coverage
shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain a minimum rating of
A-VI, as assigned by the A.M. Best Company.
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b) Prior to the commencement of work governed by this Agreement,the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life
of the Agreement and include, as a minimum: �.
* Premises Operations
* Products and Completed Operations
* Blanket Contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 per Occurrence and $1,000,000 Aggregate
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If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this Agreement. In addition, the period for which claims may be reported
should extend for a minimum of twelve (12)months following the acceptance of work
by the County.
c) Recognizing that the work governed by this Agreement involves the furnishing of
advice or services of a professional nature,the Contractor shall purchase and maintain, U-
throughout the life of the Agreement, Professional Liability Insurance, which will
respond to damages resulting from any claim arising out of the performance of
professional services or any error or omission of the Contractor arising out of work
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governed by this Agreement.
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The minimum limits of liability shall be: $300,000 per Occurrence/$500,000
Aggregate.
d). Advertising Professional Liability Insurance with minimum limits of $1,000,000 per
Occurrence and $2,000,000 aggregate.
The Monroe County BOCC shall be named as Additional Insured as their interests may
appear on all insurance policies issued to satisfy the above requirements.
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29. Uncontrollable Circumstances: Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was
caused directly by an event beyond such Parry's control, without such Parry's fault or
negligence and that by its nature could not have been foreseen by such Party or, if it could have
been foreseen,was unavoidable: (a)acts of God; (b)flood,fire, earthquake, explosion,tropical
storm, hurricane or other declared emergency in the geographic area of the Scope of
Services/Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats
or acts, riot, or other civil unrest in the geographic area of the Scope of Services/Project; (d)
government order or law in the geographic area of the Scope of Services/Project; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work in the geographic area of the Scope of
Services/Proj ect;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial
inability to perform, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse performance by
Contractor under this Section. Contractor shall give County written notice within 7 days of any
event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance,
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and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all
diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of
any Uncontrollable Circumstance are minimized and resume full performance under this
Agreement. The County will not pay additional cost as a result of an Uncontrollable
Circumstance.
30. E-Verify: Effective January 1,2021: In accordance with F.S. 448.095, Contractor shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the
Contract and shall expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
CL
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31. Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
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32. Section Headings: Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not a part of
this Agreement and will not be used in the interpretation of any provision of this Agreement. c.
33. Force Majeure: The Contractor shall not be liable for delay in performance or failure
to perform,,in whole or in part, the services due to the occurrence of any contingency beyond
its control or other acts of God, Contractor has exercised reasonable care in the prevention or et
mitigation of damages and delay, any such delay or failure shall not constitute a breach of the
agreement. Upon demand of TDC or County, the Contractor must furnish evidence of the T)
causes of such delay or failure.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
(SEAL) Board of County Commissioners
Attest: Kevin Madok, Clerk of Monroe County
As Deputy Clerk Mayor/Chairman
a.
rzo be filled OUt by `otitractor"
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(Organization)
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By
President
Print Name Date
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AN D 'rwo wi,rNESS'FS
(1) (2)
(1) (2)
Print Name Print Name
Date: Date:
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Exhibit A
CRISIS MANAGEMENT PLAN/CASE STUDY ANALYSIS
In an effort to provide uninterrupted service to The Florida Keys & Key West during a
hurricane emergency or other catastrophic event, Firm has established a standard plan of
action.
The specific plan of the chosen Respondent will be inserted under this Exhibit A.
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ISEC- FIVE
INSURANCE REQUI AND
RESPONSE FORMS REQUIREDCOUNTY, I A
RISK MANAGEMENT
POLICY AND PROCEDURES
A ADMINISTRATION MANUA
Indemnification and Hold Harmless
for
Other Contractors and Subcontractors
The Agency covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal �-
injury and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the Agency or any of its Subcontractor(s) in any
tier, occasioned by the negligence, errors or other wrongful act of omission of the Agency or
its Subcontractors in any tier, their employees or agents.
In the event the completion of the scope of services/project(to include the work of others) is
delayed or suspended as a result of the Agency's failure to purchase or maintain the required CL
insurance, the Agency shall indemnify the County from any and all increased expenses U-
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Agency is for the indemnification
provided for above.
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The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within this Agreement. >
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RESPONSE FORM
RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
(submitted via email to: - I Sn, onroecounty-fl.gov
c/o PURCHASING DEPARTMENT
I acknowledge receipt of Addenda No.(s)
I have included:
Proposal Ethics Clause
Non-Collusion Affidavit Drug Free Workplace Form
Local Preference Form Public Entity Crime Statement
Vendor Certification Regarding Scrutinized
Companies List
In addition, I have included a current copy of the following professional licenses and business
tax receipts:
(Check mark items above, as a reminder that they are included.)
Mailing Address: Telephone:
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Fax:
Date:
Signed: Witness:
(Seal)
(Name)
(Title)
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NON-COLLUSION AFFIDAVIT
I of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
I am of the
Agency of the Proposer making the
Proposal for the project described in the Notice of Request for Competitive Solicitations for:
and that I executed the said Proposal with
full authority to do so; and
I. The prices in this Proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as to U_
any matter relating to such prices with any other Proposer or with any competitor;
2. Unless otherwise required by law,the prices which have been quoted in this Proposal have
not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the
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Proposer prior to Proposal opening, directly or indirectly, to any other Proposer or to any
competitor;
3. No attempt has been made or will be made by the Proposer to induce any other person,
partnership or corporation to submit, or not to submit, a Proposal for the purpose of
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restricting competition; and 0.
4. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding agreements for said project.
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(Signature of Proposer)
(Date)
STATE OF: E
COUNTY OF:
Subscribed and sworn to(or affirmed)before me,by means of❑physical presence or❑ online
notarization, on (Date) by
(name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
My Commission Expires:
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ETHICS CLAUSE
STATEMENTSWORN UNDER ORDINANCE NO. 0- 99
MONROE COUNT I A
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section
3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its
discretion, terminate this Agreement without liability and may also, in its discretion, deduct
from the Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission,percentage, gift, or consideration paid to the former County officer or employee.
(Signature)
.N
(Date)
c.
STATE OF
COUNTY OF
Subscribed and sworn to (or affirmed)before me, by means of❑ physical presence or ❑ T
online notarization, on (Date)by
(name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
My commission expires:
OMB -MCP FORM 44
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under Proposal a copy of the statement specified in Subsection 1.04.
4. In the statement specified in Subsection 1, notifies the employees that, as a condition of
�t
working on the commodities or contractual services that are under Proposal,the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea n
of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any
controlled substance law of the United States or any state, for a violation occurring in the
e(
workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this Section.
As the person authorized to sign the statement, I certify that this Agency complies fully T
with the above requirements.
Proposer's Signature Date a
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed)before me, by means of❑ physical presence or ❑ online
notarization, on (date)by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
Competitive Solicitation for Professional Advertising Agency Services -2021
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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 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 on leases of real property to
public entity, may not be awarded or perform work as a CONTRACTOR, supplier,
subcontractor,or CONTRACTOR 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,
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
I have read the above and state that neither (Respondent's name) U-
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature) 0)
Date:
CL
STATE OF:
COUNTY OF: N
Subscribed and sworn to (or affirmed)before me on
�t
(date) by (name of affiant). He/She is personally
known to me or has produced (type of identification)
as identification.
NOTARY PUBLIC
My Commission Expires:
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Packet Pg. 996
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LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Sec. 2-349, Monroe County Code must
complete this form.
Name of Proposer/Responder
Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County
Tax Collector dated at least one year prior to the notice or request for bid or proposal?
(Please furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from
which the vendor operates or performs business on a day to day basis that is a
�t
substantial component of the goods or services being offered to Monroe
County? The physical business address must be registered with n
the Florida Department of State as its principal place of business for at least one year
prior to the notice of request for bids or proposals. (Please furnish copy of Florida
e(
Department of State Detail by Entity Name sheet showing Principal Address).
U-
List Address:
a�
Telephone Number:
N
B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods, services
or construction to local businesses meeting the criteria above as to licensing and location?
If yes,please provide:
1. Copy of receipt of the business tax paid to the Monroe County Tax Collector by the
subcontractor dated at least one year prior to the notice or request for bid or proposal.
2. Subcontractor address within Monroe County from which the subcontractor operates:
Competitive Solicitation for Professional Advertising Agency Services -2021
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Packet Pg. 997
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Telephone Number:
Print Name:
Signature and Title of Authorized Signatory for Bidder/Responder:
STATE OF
COUNTY OF
Subscribed and sworn to(or affirmed)before me,by means of❑physical presence or❑ online
notarization, on (Date) U-
by (name of affiant). He/She is personally
known to me or has produced (type of
identification) as identification, and acknowledged that he/she is the person who executed the
above Local Preference Form for the purposes therein contained.
.N
Notary Public
Print Name U-
My commission expires: (Seal)
N
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VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip:
Phone Number:
Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering
into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the U-
company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,Florida �=
Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from
bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of S 1,000,000 a)
or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida �s
Statutes,or is engaged in business operations in Cuba or Syria.
p 'N
As the person authorized to sign on behalf of Respondent,I hereby certify that the company identified above in
the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel >
List or engaged in a boycott of Israel and for Projects of S 1,000,000 or more is not listed on either the Scrutinized C
Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy C.
Sector List,or engaged in business operations in Cuba or Syria. U-
I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject
company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County
may be terminated,at the option of the County,if the company is found to have submitted a false certification or a
has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed <C
on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: who is authorized to sign
on behalf of the above referenced company.
Authorized Signature:
Print Name:
m
Title:
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myflorida.com/business_operations/state j urchasing/vendor inform ation/convicted_su
spended_discriminatory complaints_vendor lists
Competitive Solicitation for Professional Advertising Agency Services -2021
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To BeCornpl ted and Signed By Proposers last ranfice Ag enfic
INSURANCE C EC IAST FOR VENDORS SIJBMITTING P P SAI..;S
II BIDS FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X"
will be required in the event an award is made to your firm.Please review this form with your
insurance agent and have him/her sign it in the place provided. It is also required that the
bidder signs the requisite form reflecting coverage and submit it with the proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
U-
X Workers' Compensation Statutory Limits
Bodily Injury by Accident/Bodily
Injury by Disease, policy limits/Bodily d_n
Injury by Disease
each employee
e(
WCI Employers Liability $100,000/$500,000/$100,000 CL
C
U-
WC2 Employers Liability $500,000/$500,000/$500,000
WC3 Employers Liability $1,000,000/$1,000,000$1,000,000 a)
e(
WCIJSLH US Longshoremen & $1000,000
Harbor Workers Act
WCJA Federal Jone.y Act $1000,000
Competitive Solicitation for Professional Advertising Agency Services -2021
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GENERAL LIABILITY
As a minimum,the required general liability coverages will include:
• Premises Operations Products and Completed Operations
• Blanket Contractual - Personal Injury
Required Limits:
GLI $300,000 Combined Single Limit
GL2 $500,000 Combined Single Limit
e%
GL3 $1,000,000 Combined Single Limit
GL4 $2,000,000 Combined Single Limit
CD
GLS $3,000,000 Combined Single Limit
CD
GL6 $4,000,000 Combined Single Limit
GL7 $5,000,000 Combined Single Limit
CL
Required Endorsement:
GLLI °3
Q Liquor LiabilityCD
CD
GLS Security Services T
All endorsements are required to have the same limits as the basic policy,
INSCKLST
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BUSINESS AUTOMOBILE LIABILITY
As a minimum, coverage should extend to liability for:
• Owned; Non-owned; and Hired Vehicles
Required Limits:
VLl $50,000 per Person:$100,000 per Occurrence
$25,000 Property Damage
Or
$100,000 Combined Single Limit
(The use of VLI should be limited to special projects that involve other
governmental entities or"Not for Profit" organizations. Risk Management
must approve the use of this form).
VL2 $200,000 per Person; $300,000 per Occurrence e%
$200,000 Property Damage
or
$300,000 Combined Single Limit
VL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $5,000,000 Combined Single Limit
CL
MISCELLANEOUS COVERAGES
BRI Builders' Limits equal to the
Risk Full Replacement Value of the completed
proj ect.
CLI MVC Cyber Liability $1,000,000 T)
Motor Truck Limits equal to the maximum >
PRO PR02 Cargo value of any one shipment. <C
PR03
Professional $ 300,000 per Occurrence $ 500,000 Agg.
POLL Liability $ 500,000 per Occurrence/$1,000,000 Agg.
POL2 $1,000,000 per OccurrenceS2,000,000 Agg.
POL3 POL4
Pollution $ 500,000 per Occurrence$(1000,000 Agg.
EDt Liability $1,000,000 per Occurrence/$2,000,000 Agg.
ED2 $3,000,000 per Occurrence,$6,000,000Agg.
GKl GK2 $5,000,000 per Occurrence/$10,000,000 Agg.
GK3 Employee $ 10,000
Dishonesty $100,000
Garage $ 300,000 ($ 25,000 per Vehicle)
Keepers $ 500,000 ($100,000 per Vehicle)
$1,000,000 ($250,000 per Vehicle)
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MEDI Medical $ 300,000'$ 750,000 Agg.
MED2 Professional $ 500,000 $ 1,000,000 Agg.
N ED3 $1,000,000'$ 3,000,000 Agg.
N ED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLPI Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of County Property that will
be in the Bailee's possession.
e%
HK.Ll Hangar keepers $ 300,000
HK.L2 Liability $ 500,000
HK.L3 $ 1,000,000
HK.L4 $ 5,000,000
AIRI Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AEOI Architects Errors $ 250,000 per Occurrence$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrencel$1,000,000 Agg. �--
AE03 $ 1,000,000 per Occurrence$3,000,000 Agg. CL
AE04 $ 3,000,000 per Occurrence$5,000,000 Agg. p:
ARP All Risk Property Full Replacement Value of Structure
EOJ Engineers Errors $ 250,000 per Occurrence$ 500,000 Agg.
E02 & Omissions $ 500,000 per Occurrence'$1,000,000 Agg.
E03 $ 1,000,000 per Occurrence$2,000,000 Agg. T)
E04 $ 5,000,000 per Occurrence$!0,000,000 Agg.
WLI Water Craft $ 500,000 per Occurrence
m
WL2 Liability $ 1,000,000 per Occurrence
Competitive Solicitation for Professional Advertising Agency Services -2021
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Packet Pg. 1003
E.7.a
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
Policy Deductibles
Liability policies are ❑Occurrence ❑Claims Made
CL
-
nsurance Agency Signature
.N
CL
BIDDERS
STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in
full with all the requirements.,
Bidder's Name and Title Signature
a�
Company Name:
55
Competitive Solicitation for Professional Advertising Agency Services -2021 Packet Pg. 1004
E.7.a
ISEC-HON SIB
REQUESTI IVE SOLICITATION CHEC I
Please ensure that all items have been checked before submitting Request for Competitive Solicitation.
Submit this checklist as the last page of your proposal.
❑ 1. Cover Page
❑ 2. Narrative Self-Analysis
❑ 3. References
a.
❑ 4. Client Information
❑ 5. Financial Statements, Accounting and Bookkeeping Procedures
❑ 6. Staff Information
U-
7. Service Capability to Monroe County �
8. Compensation
❑ 9. Litigation
a�
❑ 10. County/Insurance Forms (Your Agent Must Sign Insurance Documents)
e(
❑ 11. Other Information
❑ 12. Completed Competitive Solicitation Checklist
56
Competitive Solicitation for Professional Advertising Agency Services -2021 Packet Pg. 1005