Item D22 D22
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
January 31, 2024
Agenda Item Number: D22
2023-2038
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Markham McGill- Director of Sales
No
AGENDA ITEM WORDING: Approval of Agreement with Bieneck International, Inc. d/b/a B FOR
Creative for Custom Booth Building and Services for the ITB Berlin 2024 Tradeshow in the amount of
$23,797.00 and approval to waive the purchasing policy requirement to seek price quotes.
ITEM BACKGROUND:
This item seeks approval of Agreement with Bieneck International Inc. d/b/a B-FOR Creative and d/b/a
B-FOR International for custom booth building and other services and fees relating to this service. The
booth is for the ITB Berlin 2024 Tradeshow March 5-7, 2024. The attached includes the Quote, Invoice,
B-FOR Terms & Conditions, and Addendum Monroe County Contract Terms & Conditions.
This item will be updated with executed documentation.
TDC Staff advised that they sought additional price quotes, but was only given a verbal quote and was
unable to obtain additional written quotes given the limited time frame due to the impending event. For
this reason, a waiver for the requirement to seek price quotes is being requested.
PREVIOUS RELEVANT BOCC ACTION:
Approval to participate in this Tradeshow was included in the TDC marketing plan previously approved
by the TDC and BOCC.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
1318
BF OR Quote, Invoice, Terms & Conditions, and Addendum.pdf
FINANCIAL IMPACT:
$23,977.00
Budgeted in TDC Sales line item.
1319
C)
C14
FL Keys & Key West BFOP
Attn: Yves Vrielynck the international extiibft people",
1201 White St., Suite 102
Key West, FL 33040 701 Kenrnore Ave, Su�te 240
[�°)�ededcksbui�g, VA 22401
Please Wire USD to Invoice Date
Account- IIII1,Gieneck Intern ationaa, Enc.
Accw.mnt Nuimber. 5303564375 11/30/2023
ACH-ABA Number-, 054000030
ABA Numbeir. 031000053 SWNFI'Code:
P19CCUS33
Barfl,a PINC /800 17t1h Street NW
Washington, DC 20006 Invoice #
-ITB Berlin 2024 Berlin, r -Gemany March 2
. . 024 ITB24-11 15
... ............M..................................... .................................
DESCRIPTION AMOUNT-USD$
27 sqm Space Only participation in the USA Pavilion @ Euro 375.00 per sqm: (Euro 11,036.25
10,125.00- eft 1.09)
2x Corner location. 10% premium per corner. Please note that not all corner 2,207.25
requests may be honored due to availability.
Mandatory Organizer Fee @ Euro 112.00: 122.08
............. -------............ ...............
TERMS: Due upon receipt. Total USD 139365.58
N
M
BFOPC'. reat e Q 1111111""10-1,
FOR INTERNATIONAL Date:December 11,2023
701 Kenmore Avenue,Suite 240
Fredericksburg,VA 22401 U.S.A. To: Markham McGill
Phone:1(540)373-9935 Director of Sales
Fax:1(540)372-1414 1201 White Street,Ste.102
E-mail: , kaieneckCfb-for.com Key West,FL 33040
Phone:1(305)296-1552
E-mail:markhamCviifla-keys.com
Customer Show Show Dates Show Location
The Florida Keys&Key West ITB Berlin 2024 March 5-7,2024 Berlin,Germany
y Description Unit Price Line Total
Custom Booth Build
1.00 27m'custom booth including, $24,797.00
a Carpeting
a Wall and overhead structure including backlit boxes
a Columns with gingerbread decoration
a Counters with front lightboxes
a Graphics
a 3D logo with lighting
a Plants
a 3x stools
a 4x tables
a 16x chairs
a Lighting as shown
a Daily cleaning
a Transportation
a Installation and dismantling
a Standby support during the show
-$1,000.00
New Customer Discount
µ Total $23,797.00
Quote does not include adrnin fees unki ss otherwise noted
client signature fate
Please note that electrical consumption and organizer,fees for show related services are estimates only and are subject to change due to circumstances
beyond our control,or a change in the scope of work either requested by the client or dictated by the proiect.It does not include applicable taxes or rush
charges unless otherwise noted.invoices are to be paid by check or wire transfer.Onsite orders and venue service fees will be invoiced after the,show.Failure
to fallow payment terms may result in collection activity.The cancellation of proposal after signed acceptance does not canwi financial obligation.All
proposed designs are property of t-FOR Creative.
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BFOPCreative S &
Updated3/11/2O28
Date: December lL2O33
Client: The Florida Keys&Key West
Show: n8 Berlin 3024
Dates: March 5-7'2O24
Location: Berlin,Germany
Payment:
10O%cf proposal andaddedondersammuntsaredueuponaczeptanceofLhispnoposai Onsite orders and venue service fees
will be invoiced after the show. Failure to follow payment terms may result in collection activity. Exhibitor/Client agrees to pay
for all reasonable collection costs ifBfORis required to retain collection agency or attorney services Lo collect any overdue
payment, including, but not limited to, collection and attorneys'fees, interest and other expenses. The cancellation of event or
proposal after signed acceptance does not cancel financial obligation.
Terms&Conditions:
The quoted price DOES NOT INCLUDE floor space rental from the show organizer, promotional packages,and any venue related
services including, but not limited to, electrical main and consumption, Internet, rigging, catering and booth staffing, unless
otherwise specified in this proposal.
Any prices forvenue related services that are included are estimates only and are subjectto change due to circumstances beyond
our control,the organizer's or venue's published show pricing, or due to a change in the scope of work either requested by the
Exhibitor/Client or dictated by the project.
The quoted price DOES NOT INCLUDE applicable taxes or rush charges unless otherwise noted.
The quoted price INCLUDES: booth rental, handling, freight' installation and dismantling of all items and materials specified in
the proposal, cleaning and waste removal before show start, and disposal of stand materials post show (Dot including any
Exhibitor/C|ientowned materials),
Liability-
Exhibitor/Client agrees to carry its own property and liability insurance.
Exhibitor/C|ientis responsible for any damage to rented booths or material caused by Exhibitor/Client, its agents, partners,
employees,contracted labor,or clients.
Exhibi1ur/C|ienire|eases8'FORandEvent0rganizerfrom|iabi|ityforanyi||ness,injury,|ossof|ife'damage1opersonsorproperty
by reason of participation in the trade fair,or by reasons of acts by Exhibitor/Client, its agents, partners,employees,contracted
labor,or clients, or by any force majeure events,including, but not limited to,act of God,war or threat of war,terrorist act,civil
unrest,fire,strike,blockage,embargo or government action,over which B-FOR has no or limited control.
Signature Monroe County Board of County Commissioners
Client Date 8-8ORCreative Date
8y signing this agreement,you agree ur
the terms ond conditions us outlined above. MONROE COUNTY ATTORNEY
(SEAL) Thank you for your business!
Attest: KEVI�� I��D��, ����� ^~��,'^ ~'Attest:
Addendum
Monroe County Contract
Terms and Conditions
The Monroe County Board of County Commissioners (herein after"County" or"Customer") and
Bieneck International, Inc. d/b/a B-FOR Creative and d/b/a B-FOR International (herein after
"Company") agree as set forth below.
The County and Company hereby enter into this addendum to the `BFOR Creative TERMS &
CONDITIONS" ("Agreement"). and agrees to the following:
The Agreement includes and incorporates the Quote, Invoice, Terms and Conditions and this
Addendum. Where the terms "FL Keys & Keys West" or "The Florida Keys & Key West" is
referenced in the Quote, Invoice, or Terms & Conditions it shall mean the County.
The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply
with Chapter 119, Florida Statutes.
Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70,
Florida Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the
Local Government Prompt Payment Act. Company shall submit to the County invoices with
Supporting documentation that are acceptable to the Monroe County Clerk of Court and
Comptroller (Clerk). Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules, and regulations as may govern the Clerk's disbursal of funds.
The County's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Monroe County Board of County Commissioners.
The County's indemnification is limited and subject to the sovereign immunity provisions of Sec.
768.28, Florida Statutes.
Maintenance of Records: Company shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each parry to this Agreement or their authorized representatives,
shall have reasonable and timely access to such records of each other parry to this Agreement for
public records purposes during the term of the Agreement and for five years following the
termination of this Agreement. If an auditor employed by the County or the determines that monies
paid to Company pursuant to this Agreement were spent for purposes not authorized by this
Agreement, Company shall repay the monies together with interest calculated pursuant to Sec. 55.03;
FS, running from the date the monies were paid to Company.
Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida applicable to contracts made and to
be performed entirely in the State. In the event that any cause of action or administrative proceeding
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is instituted for the enforcement or interpretation of this Agreement, the Customer and Company
agree that venue shall lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida. This Agreement shall not be subject to arbitration.
Attorney's Fees and Costs: The Parties 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 and court costs, as an
award against the non-prevailing parry, and shall include attorney's fees and courts costs 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.
Nondiscrimination: The Parties 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 parry, effective the date of the court order. The Parties 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 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 s. 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 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.
Public Records Compliance. Company 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
Customer and Company in conjunction with this contract and related to contract performance. The
Customer shall have the right to unilaterally cancel this contract upon violation of this provision by
Company. Failure of Company to abide by the terms of this provision shall be deemed a material
breach of this contract and the Customer may enforce the terms of this provision in the form of a
court proceeding and shall, as a prevailing parry, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any termination or expiration
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of the contract. Company is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the Customer and Company in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the County be required to contain any provision for waiver.
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 enforce any 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 Customer nor the Company or any agent, officer, or 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 or for the purposes contemplated in this
Agreement.
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.
E-Verify System - In accordance with F.S. 448.095, Any Contractor and any subcontractor shall
register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify
the work authorization status of all new employees hired by the Company 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 work authorization status of all new employees hired by the subcontractor during
the Agreement term. Any subcontractor shall provide an affidavit stating that the subcontractor does
not employ, contract with, or subconstruct with an unauthorized alien. Company shall comply with
and be subject to the provisions of F.S. 448.095
COUNTY FORMS. By signing this Agreement, Company has sworn or affirmed to the following
requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Drug-Free
Workplace Statement and Vendor Certification Regarding Scrutinized Companies List as set forth in
more detail in this Agreement.
Public Entity Crime Statement
Company certifies and agrees that Company nor any Affiliate has been placed on the convicted
vendor list within the last 36 months.
In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on
the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not
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submit a bid on a contract to provide 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 a 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.
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, proposal or reply on contracts to provide any goods or
services to a public entity, may not submit a bid, proposal or reply on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids, proposals or
replys on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, Company or subcontractor 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
By signing this Agreement, Company represents that the execution of this Agreement will not violate
the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result
in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment
from Customer's competitive procurement activities.
In addition to the foregoing, Company further represents that there has been no determination, based
on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida
Statutes, as a "public entity crime" and that it has not been formally charged with committing an act
defined as a "public entity crime" regardless of the amount of money involved or whether Company
has been placed on the convicted vendor list.
Company will promptly notify the Customer if it or any subcontractor is formally charged with
an act defined as a "public entity crime" or has been placed on the convicted vendor list.
Ethics Clause
By signing this Agreement, Company warrants that he/it has not employed, retained or otherwise had
act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance
No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-
1990. For breach or violation of this provision the Customer 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.
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Company agrees and certifies compliance with the following:
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 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 Terrorism Lists which were
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created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba
or Syria.
As the person authorized to sign on behalf of Company, I hereby certify that the company
identified above is not listed on the Scrutinized Companies that Boycott Israel List or engaged
in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Terrorism List, or engaged in business operations in Cuba or Syria.
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 has been placed on the
Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Terrorism List or been engaged in business operations in Cuba or Syria.
Note: The List are available at the following Department of Management Services Site:
11.11:p://NvNvNv.dnrs.irr�flor:ida.coi-yi/l)risiiiess 2RR LE�� p z�-Jtig/ ..�2L,itifotil atioti/convict:
rs e�rdc ...... iscrimi�r tcryccr Raitrts.......: epr r lists
Non-Collusion Affidavit
Company by signing this Agreement, according to law on my oath, and under penalty of perjury,
depose and say that the person signing on behalf of the firm of Company, the bidder making the
Proposal for the project described in the Scope of Work and that I executed the said proposal with
full authority to do so; 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; 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 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; 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.
Company
B-FOR Creative
Signature
Title
Date
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