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Item E2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: FEBRUARY 22, 2001 Division: TDC Bulk Item: Yes XXX No Department: N/A AGENDA ITEM WORDING: Approval to advertise Request For Bids for professional advertising agency services for the Monroe County Tourist Development Council. ITEM BACKGROUND: The current advertising Agreement expires on September 30, 2001. TDC approved permission to advertise at their meeting of September 6, 2000. TDC to approve Scope of Services at their meeting of February 14, 2001. PREVIOUS RELEVANT BOCC ACTION: BOCC approved FY 2001 budget at their meeting of September 21, 2000. STAFF RECOMMENDATION: Approval TOTAL COST: $ COST TO COUNTY: _$ BUDGETED: YES /TOURIST PAY APPROVED BY: County AttorneY-2LOMB/Purchasing-2LRisk Management X DIVISION APPROVAL: c:-- . .... DOCUMENTATION: Included: X Lynda M. Stuart (Type/print name) To Follow: Not Required Agenda Item #2,..f.2. NOTICE OF REQUEST FOR BIDS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN, that on April 11 , 2001, at 3:00 p.m. at the Purchasing Office, a committee consisting of the Director of Management and Budget and Purchasing, the County Administrator, the County Attorney, and the TDC Office Manager, or their designees, will open sealed Bids for the following: PROFESSIONAL ADVERTISING AGENCY SERVICES FOR MONROE COUNTY TOURIST DEVELOPMENT COUNCIL THREE YEAR CONTRACT All Bids must be received by the Office of Purchasing, 5100 College Road, Public Service Building, Cross Wing, Room 002, Stock Island, Key West, FL 33040, on or before 3:00 p.m. on April 11 , 2001. GENERAL CONDITIONS: The opening committee will automatically reject the Bid of any person or affiliate who appears on the Convicted Vendor list prepared by the Department of General Service, State of Florida, under Section 287.133 (3)(d), F.S. (1989). This request for Bids is made in lieu of competitive sealed bidding because it is not practical for the County to determine all specifications without knowing the resources and technological capacity of potential providers. All bidders must submit two (2) signed originals and thirteen (13) complete copies of each Bid in a sealed envelope marked on the outside, "Advertising Agency Bids". All proposals must remain valid for a period of ninety (90) days. Specifications may be obtained by contacting Monroe County Purchasing Department at (305) 292-4465 and questions should be directed to the Administrative Office of the Tourist Development Council at (305) 296-1552. The Monroe County Board of County Commissioners (BOCC) reserves the right to reject any or all Bids as deemed in the best interest of Monroe County or waive any informality in any Bid and may choose to re-advertise. The Monroe County Tourist Development Council (TDC), may, as an advisory body, make recommendations to the BOCC for acceptance or rejection of any and all Bids. Contract award will be by the Monroe County Board of County Commissioners to that advertising agency whose Bid is deemed by the BOCC, upon recommendation of the Monroe County Tourist Development Council, to be in the best interest of Monroe County, for a three (3) year period beginning October 1, 2001. The contract may be extended for an additional twenty-four (24) month period beyond the initial award period. DATED AT KEY WEST, FL. THIS _DAY OF .2001 PURCHASING DEPARTMENT FOR MONROE COUNTY, FL Advertising Agency Request For Bids 2001 Page 1 SCOPE OF SERVICES For the October 1, 2001 to September 30, 2004 fiscal years, bidders shall specify amount that shall be appropriated for all advertising agency services, including cost reimbursements for the purchases of media advertising. 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 Annual Marketing Plan. 2. Create, design, and produce a program of advertisements to most effectively appeal and target national and international tourists to visit and revisit Monroe County (Florida Keys). 3. Analyze, develop, and purchase the most efficient and productive media, including, but not limited to, newspapers, magazines, broadcast and Internet. 4. Provide and produce the necessary materials for placing advertisements and the production of promotional brochures and related sales materials. 5. Develop co-op programs with mutually beneficial industry partners. 6. Develop and coordinate advertising efforts for the over-all Florida Keys generic campaign while emphasizing the features of five distinct regional or districts within the Keys. 7. Create and produce a program for the travel trade industry to be distributed to travel agents, tour operators and other travel planners. 8. Create and produce programs for the meeting industry. 9. Create and produce advertising for the Umbrella organizations that include the Dive, Fishing and Cultural industry programs. Advertising Agency Request For Bids 2001 Page 2 SPECIFICATIONS The following items must be included in any Bid: I. Agency Data A. Name, address, telephone, fax and e-mail address of the agency as authorized to do business in Florida, and the contact individual or corporate officer authorized to execute contracts. B. Briefly describe the agency, date of establishment, ownership, and organizational structure. C. Briefly describe the agency's international, national, and statewide capabilities. D. Provide Dunn and Bradstreet financial rating, if available, or, if not available, alternative objective evaluation of agency's financial stability. E. Industry awards or recognition given the agency, preferably for tourism advertising and promotion. F. Indicate financial ability to pay invoices while awaiting the Monroe County processing time which may take 30 - 45 days. II. Agency Advertising and Promotion Experience A. List the largest private sector current accounts in Florida; briefly describe the types of services rendered for each account and the amount of these annual billings in total. B. List and briefly describe the services rendered for private sector agency's with current accounts relative to the travel and tourism industry. C. For all current governmental accounts, list and describe the services rendered, including the annual billings and basis for the fees and charges for each account. D. Explain any benefits that might accrue to Monroe County tourism from Agency services rendered to current advertising and promotion accounts. E. In the event a conflict is determined, would the Agency be willing to terminate its existing private sector or governmental agency account as a condition to an Agreement to serve Monroe County. Advertising Agency Request For Bids 2001 Page 3 III. Agency Travel and Tourism Qualifications Describe the agency's experience in domestic and international tourism, advertising and promotional marketing. IV. Service Capability to Monroe County A. Location of the closest office available to the Monroe County Tourist Development Council Administrative office. If outside the South Florida area, specify if the Agency is willing to locate a properly staffed office in Monroe County or your anticipate method of servicing, and associated costs. B. Provide the qualifications, including any special recognition given by the advertising industry, of those individuals who would be assigned to the Monroe County account, preferably as related to marketing destination tourism. C. Identify those persons named above and describe their functions as: 1. The contact person(s) dealing directly with the County and who have full responsibility for agency services (Le., account manager service). 2. Media department. 3. Creative (art direction, design and copywriting). 4. Marketing (for both national and international), including promotional events. 5. Production/traffic (print and broadcast). D. The agency agrees that it will not represent any private resort or attraction within Monroe County or any other county or municipal tourism destination in Florida or the Bahamas. Advertising Agency Request For Bids 2001 Page 4 V. Fee Structure Methods of compensation based on production costs, placement, commissions and/or any other agency mark-up expenses will be discussed and negotiated after agency selection from written information required by the Request for Bid and performance of oral/visual presentation. Agency selection from Request from Bid requirements and presentation in no way constitutes a commitment by Monroe County or its Tourist Development Council until the contract is agreed upon by both parties. VI. Agency Presentation Outline Agency shall address the presentation outline in writing for the Bid and will also be required to be prepared to give an oral and visual presentation to the Monroe County Tourist Development Council on May 9, 2001 at the Holiday Inn Beachside, Key West at 10:00 a.m. if chosen as a finalist. Bid Presentation or Situation Analysis How would the agency propose to develop a campaign to a more upscale market and to focus on longer stays within the Florida Keys? Please address the possible target markets; types of media venues and creative for the campaign. Written portions of all Bids become the property of the Monroe County Tourist Development Council upon receipt and will not be returned to the bidder. The Monroe County Tourist Development Council shall have the right to use all ideas or adaptations of the ideas contained in any Bid received in response to this Request for Bid. Selection or rejection of the Bid will not affect this right. No contact regarding this Request for Bid or a bidder's Bid will be allowed between the bidder and individual members of the Evaluation Committee. All Bids received will be reviewed by the Monroe County Tourist Development Council Evaluation Committee. The Evaluation Committee will recommend that a selected number (3-5) of agencies be invited to make an oral/visual presentation. The presentation will be made to the Monroe County Tourist Development Council during an open meeting on May 9, 2001 at the Holiday Inn Beachside, Key West at 10:00 a.m. Oral presentations will be made in public and members of the news media may be present. Advertising Agency Request For Bids 2001 Page 5 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS BID SUBMISSION The Bid Form shall be deemed an offer which may be accepted by the BOCC within the time prescribed in the Request for Bids. Bids shall be submitted to Director of Management and Budget and Purchasing of Monroe County, Florida, 5100 College Road, Cross Wing, Room 002, Public Service Building, Key West, Florida, 33040, signed in ink by a person authorized to contract for the bidder, and submitted in a sealed envelope on which shall be shown the name of the Bidder, Bid opening date, and bid submission identification as indicated on page 1. Bidders shall submit two originals and thirteen copies for a total of 15 copies. Each page of items submitted should be properly identified as to the name of bidder, with page numbers. Agency responses will be evaluated by the Evaluation Committee of the Monroe County Tourist Development Council. The committee will bring forward 3-5 agencies to make a final oral and visual presentation to the Monroe County Tourist Development Council on May 9, 2001 at the Holiday Inn Beachside, Key West at 10:00 a.m. By submitting a Bid, the Bidder declares that he understands and agrees that this Bid, specifications, provisions, terms and conditions of same, shall become a valid contract between the BOCC and the undersigned upon notice of award of Bid, subject to negotiation and a written contract. Agencies selected for final consideration shall be requested to make a presentation to the TDC and BOCC. Inability or refusal to make a presentation at the date and place requested shall result in the Bidder being removed from further consideration. The Evaluation Committee may elect to visit the selected agencies' offices prior to their presentation to the TDC. PRINCIPALS/COLLUSION By submission of this Bid, the undersigned, as Bidder, does declare that the only person or persons interested in this Bid as principal or principals is/or, are named therein and that no person other than therein mentioned has any interest in this Bid or in the contract to be entered into; that this Bid is made without connection with any person, company or parties making a Bid; and that it is in all respects fair and in good faith, without collusion or fraud. BID WITHDRAWAL No Bid can be withdrawn after it is filed unless the bidder makes his request in writing to the BOCC prior to the time set for the opening of Bids, or unless the BOCC fails to accept it within ninety (90) days after the date fixed for opening Bids or unless otherwise indicated on the Bid. Advertising Agency Request For Bids 2001 Page 6 FINANCIAL STATEMENT Each Bid must include a financial statement, completed and certified under oath by an appropriate corporate officer (or independent CPA, if already prepared). LAWS AND REGULATIONS It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. TAXES The BOCC and TDC is exempt from Federal Excise and State of Florida Sales Tax. FINANCE CHARGES The BOCC and TDC will not be responsible for any finance charges. RELATION OF BOCCITDC It is the intent of the BOCC and TDC hereto that the successful agency shall be legally considered as an independent contractor and that neither he or his employees shall, under any circumstances, be considered servants or agents of the BOCC and TDC, and that the BOCC and TDC shall be at no time legally responsible for any negligence on the part of said successful bidder, his servants or agents, resulting in either bodily or personal injury or property damage to any individual, agency or corporation. TERMS All terms, conditions, and provisions of the contract must be strictly observed in addition to the general conditions herein described. EXPENSES INCURRED IN PREPARING BID The BOCC and TDC accept no responsibility for any expenses incurred in the Bid, preparation, and presentation, such expenses to be borne exclusively by the bidders. BIDDER RESPONSIBILITY Before submitting his Bid each Bidder shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the Bid, and verify any representations made by the BOCC and TDC that the Bidder will rely upon. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful agency from his obligation to comply in every detail with all provisions and requirements of the Bid documents, nor will any pleas of ignorance be accepted as a basis for any claim whatsoever for any monetary consideration. DISCLOSURE The Bidder shall be required to list any and all potential conflicts of interest. The Bidder shall disclose all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interests of the BOCC and TDC. Advertising Agency Request For Bids 2001 Page 7 CANCELLATION Either party shall at any time have the right to cancel the agreement between the County and successful bidder upon 60 days written notice with or without cause. QUALIFICATION OF BIDDERS Each Bidder may be required, before the award of any contract, to show to the complete satisfaction of the BOCC and TDC that he has the necessary facilities, ability, and financial resources, to furnish the service as specified herein in a satisfactory manner, and he may also be required to show past history and references which will enable the BOCC and TDC to satisfy itself as to his qualifications. Failure to qualify according to the foregoing requirements will justify the BOCC and TDC in rejecting his Bid. LIABILITY The successful bidder will not be held responsible for failure to complete contract due to causes beyond its control including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, acts of God and similar occurrences making performance impossible or illegal. ASSIGNMENT The successful bidder(s) shall not assign, transfer, convey, sublet or otherwise dispose of this Bid, or of any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company, or corporation without prior written consent of the BOCC. OWNERSHIP All work performed under the contract shall be the property of the BOCC and TDC, for whatever use and/or disposition the BOCC and TDC may deem appropriate. The BOCC and TDC shall have the full right to reproduce and/or use any products derived from the contractor's work under the contract without payment of any royalties, fees, etc. INDEMNIFICATION: The bidder covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the contractor or any of its subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the contractor or its subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the bidder's failure to purchase or maintain the required insurance, the bidder shall indemnify the County from any and all increased expenses resulting from such delay. Advertising Agency Request For Bids 2001 Page 8 The first ten dollars ($10.00) of remuneration paid to the bidder is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. NON-COLLUSION AFFIDAVIT and VERIFICA TION I, , of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1) I am , the bidder making the bid for the project described as follows: 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor: 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 6) VERIFICA TION I HEREBY CERTIFY that I have read the forgoing application and that the facts stated herein are true and correct to the best of my knowledge and belief. President's Name Typed President's Signature Sworn to and subscribed before me this day of , 2001. personally appeared , and known to be the persons named in and who executed the foregoing document. My commission expires: Notary Public State of Advertising Agency Request For Bids 2001 Page 9 DRUG FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish 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. Inform 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. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo 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 workplace no later than five (5) days after such conviction. 5. Impose 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. Make 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 with the above requirements. Bidder's Signature Date Advertising Agency Request For Bids 2001 Page 10 NON-DISCRIMINATION: During the term of this agreement, provider shall comply fully with all applicable federal, state and local laws concerning non-discrimination and, does, by signing this bid, further agree as follows: A) Bidder will not discriminate against any employee, applicant for employment, contractor or other person on the basis of race, color, religion, sex, national origin, sexual orientation, or handicap where the handicap does not affect an individual's ability to perform in a contractual or employment position. B) Bidder shall include the provision of paragraph (A) above in any subcontracts entered for purposes of fulfilling contractor's obligations under this contract. C) Bidder agrees to open its records concerning equal opportunity employment and non- discrimination policies and procedures to County upon reasonable request for inspection during normal working hours 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 consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ETHICS CLAUSE: The successful bidder shall warrant that no person has been employed or retained to solicit or secure this agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member of the Monroe County government or the TDC has any interest, financially or otherwise, in the agency or its subcontractors. ADDITIONAL INFORMATION Questions regarding these specifications must be in writing and submitted to: Monroe County Tourist Development Council P.O. Box 866 Key West, FL 33041 Should any questions or responses require revisions to the specifications as originally published, such revisions will be by formal amendment only. Advertising Agency Request For Bids 2001 Page 11 CRITERIA FOR SELECTION 1. Compliance with all Bid Submission Requirements. 2. Responsiveness of Bid to the scope of services identified by BOCC and TDC. 3. Experience of Proposing Agency especially in area of destination promotion and advertising. 4. Qualifications of Agency Principals and Staff to be assigned; years of experience and percent of time to be utilized for BOCC and TDC account. 5. Facilities of the Proposing Agency. 6. Client references from present and previous clients. 7. Professional affiliations. 8. Examples of previous work produced. 9. Examples of Agency creativity and innovation. 10. Financial Statement and stability. 11. The agency's agreement that it will not represent any private resort or attraction within Monroe County or any other municipal or County destination or department of tourism in Florida. 12. Dunn and Bradstreet Report. 13. Financial capacity. 14. Presentation of advertising plan. Advertising Agency Request For Bids 2001 Page 12 REQUEST FOR BIDS BID SUBMISSION REQUIREMENTS Qualified agency's interested in providing the services described above are invited to submit a complete Bid for consideration. The Bid shall address the items listed below. Non-compliance with the list of requested items will be sufficient cause for non-acceptance of the Bid. 1. Agency data requested 2. Agency advertising & promotion experience requested 3. Agency travel & tourism qualifications requested 4. Service capability to Monroe County requested 5. Agency written presentation/situation analysis requested 6. Supporting statements indicating the agency has an afagencyative action program 7. INSURANCE The agency shall maintain the following required insurance throughout the entire term of the contract 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 agency to maintain the required insurance shall not extend any deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for agency's failure to maintain the required insurance. The agency 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 The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All Insurance policies must specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the COUNTY by the insurer. The acceptance and/or approval of the agency's insurance shall not be construed as relieving the agency from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. * Advertising Agency Request For Bids 2001 Page 13 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared from entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. A Prior to the commencement of work governed by this contract the agency shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the agency shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. 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-V 1 , as assigned by the AM. Best Company. B. Prior to the commencement of work governed by this contract, the agency shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract 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 Combined Single Limit (CSL) 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 contract. 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. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. C. Advertising Professional Liability Insurance with minimum limits of $1,000,000 per Occurrence and $2,000,000 aggregate. Advertising Agency Request For Bids 2001n Page 14 SUBMISSION DEADLINE: Respondents shall submit two (2) originals and thirteen (13) copies for a total of fifteen (15) sealed completed copies of their Bid to the director of purchasing. Bids shall not be accepted after 3:00 p.m. on the 11th day of April, 2001. Respondents selected by the BOCC and TDC shall be prepared to present their Bids before the BOCC and TDC with final approval to be made by the BOCC. If you have any questions regarding the Request for Bid(s), the Monroe County Tourist Development Council, P.O. Box 866, Key West, FL 33041, (305) 296-1552 Advertising Agency Request For Bids 2001 Page 15