Item D4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JANUARY 17, 2007
Bulk Item: Yes X No
Division: TDC
Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval to Advertise a Request for Proposals for Public Relations Agency Services for Monroe
County Tourist Development Council.
ITEM BACKGROUND:
Current Agreement terminates on September 30, 2007 and County policy states that we must advertise
a Request for Proposals.
TDC approved same at their meeting of December 12, 2006.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 11 /06
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
REQUEST FOR PROPOSALS FOR
PUBLIC RELATIONS AGENCY
MONROE COUNTY TDC
Mr. Matthew Babich
Mayor Mario Di Gennaro
Mr. Todd Firm
Ms. June Helbling
Mayor Morgan McPherson
Mr. Robert Padron
Mr. Scott Simmons
Ms. Christina Weinhofer
Mr. Douglas Wright
Marketing Director
Harold Wheeler
All responses submitted to this solicitation should be addressed to and received no later than 3:00 p.m.
March 14, 2007 at:
Purchasing
Monroe County, Florida
1100 Simonton Street, 1st Floor, Room 1-213
Key West, Florida 33040
Attention: REQUEST FOR PROPOSALS: PUBLIC RELATIONS AGENCY
Public Relations Request For Proposal - 2007
NOTICE OF CALLING FOR PROPOSALS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE RESPONDENTS that on March 14, 2007 at
no later than 3:00 p.m. The Monroe County Purchasing Office will receive sealed Proposals
for the following:
Request for Proposals — Public Relations Agency Services For Monroe County Tourist
Development Council
Specifications and Proposal Documents may be requested from DemandStar by Onvia
by calling 1-800-711-1712 or by going to the website at www.demandstar.com. All
questions pertaining this solicitation regarding the Request for Proposal should be directed to
the Administrative Office of the TDC, (305) 296-1552. Any addenda to this Request for
Proposals (RFP) shall be distributed to vendors on the list of Demandstar distributees for this
RFP.
All Proposals must be received by the Monroe County Purchasing Office on or before 3:00
p.m on March 14, 2007.
Respondents must submit two (2) signed originals and thirteen (13) complete copies of
each response in a sealed envelope clearly marked on the outside: "Sealed Proposal
for Request for Proposals for Public Relations agency services for Monroe County
Tourist Development Council", addressed and delivered to:
Purchasing Office, 1100 Simonton Street, Room 1-213, Key West, Florida 33040
All responses must remain valid for a period of ninety (90) days. The Board will automatically
reject the response of any person or affiliate who appears on the convicted vendor list
prepared by the Department of General Services, State of Florida, under Section
287.133(3)(d), FS (1997).
Contract award will be by the Monroe County Board of County Commissioners to the entity
whose response is deemed by the BOCC, upon recommendation of the Monroe County TDC,
to be in the best interest of Monroe County .
Dated at Key West, Florida, this day of , 2007.
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Public Relations Request For Proposal - 2007
TABLE OF CONTENTS
SECTION ONE
Instruction to Respondents
SECTION TWO
General Terms and Conditions
Page
4
11
SECTION THREE
Terms and Conditions Speck to Public Relations Agency RFP 13
SECTION FOUR
Sample Contract 14
SECTION FIVE
Insurance Requirements 22
SECTION SIX
Response Proposal Forms 24
Request for Proposal Checklist 29
Public Relations Request For Proposal - 2007
SECTION ONE
INSTRUCTION TO RESPONDENTS
1.01 DESCRIPTION
The Respondent awarded a Contract shall provide Public Relations services for the Monroe County Tourist
Development Council (TDC). The Contract will provide for the Public Relations Agency to act as a Provider to the
Monroe County TDC (TDC) that shall provide services as outlined within Specifications in section III of this RFP.
1.02 COPIES OF PROPOSAL DOCUMENTS
A. Only complete sets of Proposal 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 Proposal Documents may be obtained in the manner and at the location stated
in the Notice of Calling for Proposals.
1.03 PROPOSAL REQUIREMENTS
The two (2) original responses, marked "Original' and thirteen (13) copies marked "Copy" [fifteen
(15) complete packages] of the Proposal must be received.
1.04 DISQUALIFICATION OF RESPONDENTS
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 Respondents, 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 a Contract to provide
any goods or services to a public entity, may not submit a Proposal on a Contract 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 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.
C. DRUG -FREE WORKPLACE FORM: Any person submitting a Proposal in response to this
invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and submit it with his
Proposal. Failure to complete this form in every detail and submit it with your Proposal may result
in immediate disqualification of your Proposal.
D. PROPOSALS RECEIVED AFTER DEADLINE: Any Proposal submitted after the RFP deadline of
March 14, 2007 at 3:00 p.m. will automatically be disqualified.
1.05 EXAMINATION OF RFP DOCUMENTS
A. Each Respondent shall carefully examine the Request for Proposal (RFP) and other Contract
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
Contract. Ignorance on the part of the Respondent will in no way relieve him of the obligations
and responsibilities assumed under the Contract.
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Public Relations Request For Proposal - 2007
B. Should a Respondent 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 Respondent as to the meaning of the Contract documents. Any inquiry
or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will
be given consideration. All such changes or interpretation will be made in writing in the form of an addendum
and, if issued, will be mailed or sent by available means to all known prospective Respondents prior to the
established Proposal opening date. Each Respondent shall acknowledge receipt of such addenda in the space
provided in the response form attached to the Proposal document. In case any Respondent fails to acknowledge
receipt of such addenda or addendum, his response will nevertheless be construed 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 Respondent will be bound by such addenda,
whether or not received by him. It is the responsibility of each Respondent to verify that he has received all
addenda issued before responses are opened.
Written portions of all Proposals become the property of the Monroe County TDC upon receipt and will not be
returned to Respondent. The Monroe County TDC shall have the right to use all ideas or adaptations of the ideas
contained in any Proposal received in response to this RFP. Selection or rejection of the Proposal will not affect
this right.
All Proposals received will be reviewed by the Monroe County TDC Public Relations Selection Committee. The
Public Relations Selection Committee will recommend that no more than three (3) of the agencies
submitting a Proposal be invited to make an oral/visual presentation. The presentation will be made to the
Monroe County TDC during an open meeting on Tuesday, May 1, 2007 at Hawk's Cay Resort, Duck Key,
Florida. Finalists will be informed of the exact time, venue and scope of presentation.
1.07 GOVERNING LAWS AND REGULATIONS
The Respondent 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.
1.08 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space provided for the
signature. If the Respondent 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 FIRM name and the words "Member of the FIRM" should be written beneath such signature. If
the Respondent 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 Respondent shall state in the response the name and address of each person interested therein.
1.08.1 SUBMISSION OF RESPONSES
A. Two (2) signed originals and thirteen (13) copies of each response shall be submitted. No
waivers shall be allowed for responses that have not been submitted to the COUNTY Purchasing
Department by 3:00 p.m. on the deadline date.
B. The response shall be submitted in a sealed envelope, which shall be marked Proposal for TDC
Public Relations Agency and the name of the Respondent. If forwarded by mail or courier, the
above -mentioned envelope shall be enclosed in another envelope addressed to the entity and
address stated in the Notice of Calling for Proposals, and preferably by certified mail, receipt
requested; if forwarded otherwise than by mail, it shall be delivered to the same address.
Responses will be received until the date and hour stated in the Notice of Calling for Proposals.
Public Relations Request For Proposal - 2007
C. Each Respondent shall submit with its Proposal the required evidence of their qualifications and
experience.
D. Finalists will be notified in writing after the Selection Committee reviews and selects no more than
three (3) applicants to make audio/visual presentations to the TDC on Tuesday, May 1, 2007 at
Hawk's Cay Resort, Duck Key, Florida.
E. Upon selection by the TDC, negotiations will proceed with the first selected applicant. If no
contract can be agreed upon, county and TDC may negotiate with the second or the third
selected firm.
1.09 CONTENT OF SUBMISSION
The bid submitted in response to this RFP shall be printed on 8-1/2" x 11" white paper; shall be clear and concise
and provide the information requested herein. The proposal shall be bound and tabbed. Statements submitted
without the required information will not be considered. Proposals shall be organized as indicated below. The
bidder should not withhold any information from the written response in anticipation of presenting the information
orally or in a demonstration. Each Respondent must submit adequate documentation to certify the Respondent's
compliance with the County's requirements. Respondent should focus specifically on the information requested.
We advise that prior to completing the Proposal, the Respondent should review the Specifications and
Specific Conditions referred to in Section III of this RFP to ensure the capability to handle the Scope of
Services required by the Monroe County TDC.
The Proposal should be set up as follows:
A. Cover Page
A cover page that states "REQUEST FOR PROPOSALS FOR PUBLIC RELATIONS AGENCY SERVICES." The
cover page should contain name, address, telephone number of Respondent that is authorized to do business in
the State of Florida, and the name of the Respondent's contact individual or corporate officer authorized to
execute Contracts.
B. Tabbed Sections
Tab 1. Narrative Self -Analysis
The Respondent should provide a brief description of the Respondent's agency, date of establishment,
ownership, organizational structure, and mission statement.
The Respondent should provide a summary of any industry awards or recognition given to the agency, preferably
for tourism promotion.
Respondent should provide a brief narrative self-analysis of its strengths and how each will impact the
performance of the Contract based on the scope of services.
Also include the following information:
1. A list of the entity's shareholders with five (5) percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a
list of its members; if unincorporated and not a partnership, the name(s) of owners.
2. A list of the officers and directors of the entity;
3. The number of years the entity has been operating and, if different, the number of years
it has been providing the services, goods, or public relations services called for in the
RFP;
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Public Relations Request For Proposal - 2007
4. The number of years the entity has operated under its present name and any prior
names;
5. Whether, within the last five (5) years, an officer, general partner, controlling
shareholder or major creditor of the respondent was an officer, general partner,
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 bids;
Tab 2. References
Each Respondent shall provide references for which the Respondent has provided the same or similar services
during the past three (3) years. Each reference shall include, at a minimum:
Name and full address of reference organization
Name of contact person for reference
Telephone number(s)
Term of contract with organization
Brief summary comparing the referenced services to these proposed services
Tab 3. Account Information
Respondent shall provide the following information:
a) Brief description of the agency's international, national and statewide accounts.
b) List the largest private sector current accounts. Briefly describe the types of services rendered for each
account.
c) For any current governmental accounts, list and describe the services rendered.
d) List and briefly describe accounts relative to the travel and tourism industry.
e) Provide a statement to show the agency's willingness, if awarded a contract, and if there should be a
conflict between Monroe County and an existing account, to consider terminating the existing account.
Tab 4. Financial Statements, Accounting and Bookkeeping Procedures
Respondent shall submit a financial statement and company account for all revenues and expenses related to the
provision of services under this Contract pursuant to generally accepted accounting principles. Respondent shall
provide the following:
a) A set of financial statements (cash flow, income and expenditure, balance sheet), preferably with an audit
opinion, for each of the 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 Respondent's ability to respond to government purchase orders; and
d) A statement outlining the procedures normally used to issue invoices in the billing of services for the TDC.
Tab 5. Staff Information
a) Respondent 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 who shall provide services that are included in the scope of services. List the number and type
of minorities, using the Federal definitions, included in the staff.
Tab 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
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 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.
e) Provide copies of documentation showing authorization to do business in the State of Florida.
Public Relations Request For Proposal - 2007
Tab 7. Written Presentation
The agency is to provide a comprehensive outline of a public relations marketing program for the Florida Keys.
The outline should include objectives, priorities, markets, strategies and methods. Give examples of how each
method could be implemented during program planning.
The outline should include international and domestic markets.
Objectives should include how the agency will promote the awareness and image of the separate five (5)
destinations of the Keys: Key Largo, Islamorada, Marathon, Big Pine Key and the Lower Keys, and Key West.
Tab 8. Compensation
a) Agency Fee: The annual fee will be the administrative costs for all staff and contract services by the
provider.
b) Reimbursement Expenditures: The public relation agency will be reimbursed for all actual expenses
incurred for reproduction of releases and photographs, contract photography, supplies, mailing and
distribution charges, postage and shipping, travel and transportation expenses, entertainment of media,
seminar and conventional registrations and other necessary expenses.
c) Compensation will be discussed during finalists audio/visual presentations and final decision made during
contract negotiations.
d) Agency selection from Request for Proposal requirements and presentation process in no way constitutes
a commitment by the Monroe County Tourist Development Council or the County until contract is agreed
upon by both parties.
Tab 9. Pending Litigation
Answer to the following questions regarding claims and suits:
a. Has the respondent ever failed to complete work or provide the goods for which it has contracted?
(If yes, provide details.)
b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against
the bidder, or its officers or general partners? (If yes, provide details.)
C. Has the respondent, within the last five (5) years, been a party to any lawsuit or arbitration with
regard to a contract for services, goods, or construction services similar to those requested in the RFP?
(If yes, the Respondent shall provide a history of any past or pending claims and litigation in which the
Respondent is involved as a result of the provision of the same or similar services which are requested or
described herein.)
d. Has the bidder ever initiated litigation against the county or been sued by the county in
connection with a contract to provide services, goods, or construction services? (If yes, provide details.)
Tab 10. COUNTY Proposal forms
Respondent shall complete and execute the Proposal forms specified below and found at the designated pages in
this RFP, and shall include them in the section tabbed 10:
Pages
Response Form 25
Non -Collusion Affidavit 26
Ethics Clause 27
Drug Free Workplace 28
Copies of all professional and occupational licenses shall be included in this section.
Public Relations Request For Proposal - 2007
Tab 11. Other Information
Provide any additional information that will present evaluators with insight about the qualifications, fitness and
abilities of Respondent.
Tab 12. Request for Proposal Checklist
Please review and complete the Request for Proposal Checklist (page 29) included in this RFP. Those applicants
not submitting all items requested will automatically be disqualified.
1.10 MODIFICATION OF RESPONSES
A. Written modification will be accepted from Respondent only if addressed to the entity and address
indicated in the notice of calling for Proposals and received prior to Proposal due date and time,
and marked "modification to Public Relations Agency RFP".
1.11 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of
whether a Contract award is made by the COUNTY.
1.12 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and entities names read aloud at
the appointed time and place stated in the Notice of Calling for Proposals. 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. No responsibility will be attached to anyone for the premature opening of a
response not properly addressed and identified. Respondent or their authorized agents are invited to be present.
1.13 DETERMINATION OF SUCCESSFUL RESPONDENT
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 contain modifications, 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 Respondents, and the Contract documents, may be rejected
at the option of the COUNTY.
1.14 AWARD OF CONTRACT
A. If the award of a Contract is annulled, the COUNTY may award the Contract to another
Respondent or the work may be re -advertised or may be performed by other qualified personnel
as the COUNTY decides.
B. A Contract will be awarded to the Respondent deemed to provide the services that are in the best
interest of the COUNTY.
C. The COUNTY also reserves the right to reject the response of a Respondent who has previously
failed to perform properly or to complete Contracts of a similar nature on time.
D. The recommendations of the TDC, will be presented to the Board of County Commissioners of
Monroe County, Florida, for final approval of Contract.
1.15 EXECUTION OF CONTRACT
The Respondent to whom a Contract is awarded will be required to return to the COUNTY five (5) executed
counterparts of the prescribed Contract together with the required certificates of insurance.
Public Relations Request For Proposal - 2007
1.16 INSURANCE
The Respondent shall defend, indemnify and hold harmless the COUNTY as outlined on the attached form
identified as TCS1. Other insurance specific to contract services may be required and a draft outline of insurance
requirements are written within the sample contract in section IV of this RFP.
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Public Relations Request For Proposal - 2007
SECTION TWO
GENERAL TERMS AND CONDITIONS
2.01 DEFINITIONS
Wherever used in these General Conditions or in the other Contract 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.
RFP — Abbreviation for Request for Proposal
Addenda - Written or graphic instruments issued prior to the opening of proposals which clarify, correct, or
change the Proposal documents or the Contract documents.
Proposal Documents - The advertisement or invitation calling for Proposals, instructions, and forms contained in
this Request for Proposals (Response Form, Non -Collusion Affidavit, Lobbying and Conflict of Interest Clause,
Drug Free Workplace) and the proposed Contract documents (including all addenda issued prior to receipt of
responses).
Contract Documents - The proposal documents, agreement, addenda (which pertain to the Contract
documents), the Respondent's proposal or response (including documentation accompanying the response and
any post -response documentation submitted prior to the notice of award) when attached as an exhibit to the
Contract, these General Conditions, together with all amendments, modifications, and supplements.
Compensation - Compensation will be discussed during finalist presentations and final decision made during
Contract negotiations.
Contract Time - The Contract shall be in force and binding on the COUNTY and the FIRM for a period of three
(3) years with an option extend for additional two (2) year period from the effective date of the Contract.
TDC — Abbreviation for the Monroe County Tourist Development Council
FIRM — Entity with whom the COUNTY enters into a Contract
Contractor - The person, FIRM, or corporation with whom the COUNTY has entered into the Contract.
Effective Date of the Contract - The date indicated in the Contract on which it becomes effective, but if no such
date is indicated it means the date on which the Contract 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 Respondent stating that upon compliance by the
apparent successful Respondent with the conditions precedent enumerated therein, within the time specified, the
COUNTY will sign and deliver the Contract.
COUNTY - The Monroe County Board of Commissioners with whom the FIRM has entered into the Contract and
for whom the work is to be provided.
Specifications - Those portions of the Contract documents consisting of written technical descriptions of
materials and services required under the Contract.
Written Amendment - A written amendment of the Contract documents, signed by the COUNTY and the FIRM
on or after the effective date of the Contract.
Failure to Execute Required Forms — Failure to execute the required forms shall result in entity being
disqualified and the response will be rejected.
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Public Relations Request For Proposal - 2007
2.02 RESPONDENT'S RESPONSIBILITIES
2.02.1 Supervision and Personnel
The Respondent 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 Contract
documents.
2.02.2 Parts, Materials, and Equipment
Unless otherwise specified in the Contract, the Respondent 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.
2.02.3 Taxes
The Respondent shall pay all sales, consumer, use and other similar taxes required to be paid by the Respondent
in accordance with the laws and regulations of the place of the project which are applicable during the
performance of the work.
2.02.4 Compliance with Laws
The Respondent shall comply with all applicable laws and regulations of Federal, State and local governments
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Public Relations Request For Proposal - 2007
SECTION THREE
SPECIFICATIONS, SPECIFIC CONDITIONS
PUBLIC RELATIONS AGENCY
The public relations agency services shall include, but not be limited to, the following:
1. Provide staff services to manage communications to develop awareness, promote favorable
image and goodwill for the TDC.
2. Provide the development of favorable national and international publicity.
3. Provide the establishment and maintenance of contacts with print and broadcast media.
4. Provide the preparation of press kits.
5. Provide the development and distribution of photographs and news releases for trade and
consumer media.
6. Provide preparation of public relations in developing of TDC marketing plan.
7. Provide representation of TDC at selected trade shows, sales/media missions, FAM tours,
media workshops and journalist conferences.
8. Provide liaison public relation services with private tourism sector.
9. Provide the establishment and management of agreements with sub -agencies for international,
specialty or other public relation markets and/or programs.
10. Address emergency situations that affect tourism and provide crisis management program.
11. Provide editorial support for Internet web site.
12. Provide publicity before, during and after special events.
13. Provide assistance to the Florida Keys Film Commission.
14. Maintain appropriate records of print clippings and broadcast coverage.
15. Provide periodic reports on public relations activities.
16. Provide development and maintenance of videotape/still photo libraries.
17. Provide a measurability process to evaluate the public relations programs.
18. Provide implementation of such services as outlined within the objectives, goals and strategies
of the annual marketing plan.
19. Perform such other public relations activities as required by the TDC.
A draft agreement 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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Public Relations Request For Proposal - 2007
SECTION FOUR
SAMPLE CONTRACT
THIS AGREEMENT (Agreement) is entered into this day of , 200_, by and
between Monroe County a political subdivision of the state of Florida, hereinafter referred to as
County and , hereinafter referred to as Firm;
WHEREAS, Firm is qualified to provide public relations services which promote tourism;
and
WHEREAS, the Monroe County Tourist Development Council (TDC) has recommended
to County that Firm be awarded this Agreement for public relations services; and
WHEREAS, County wishes to enter into this Agreement for public relations services
with the Firm:
1. Term: The term of this Agreement is for a period of three (3) years beginning
October 1, 2007 and expiring on September 30, 2010. The County has an option to extend
this Agreement for an additional twenty- four (24) month period beyond the initial award period,
upon 90 days prior written notice of Agreement extension to Firm.
2. The Firm will serve as the full -service public relations agency for the Monroe
County TDC and County. The Firm and the public relations programs are subject
to review by the Monroe County TDC.
3. Scope of Services:
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. Change in personnel that
are not acceptable to County initially or as services are performed may require Firm to replace
such personnel or County may terminate the Agreement. The principals assigned are the
following:
1)
2)
MINIMUM STAFF PERSONNEL ASSIGNED:
1) Account Manager
2) Account Executive
3) Media Coordinator
4) Lower Keys & Key West Liaison
5) Upper Keys & Middle Keys Liaison
6) Finance/Account/Clerical Support
B. At least one of the principals shall meet with the Monroe County TDC at all
regularly scheduled meetings of the TDC and at any other times as directed by the TDC.
C. Firm agrees to assign a Public Relations 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
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Public Relations Request For Proposal - 2007
chairman or vice-chairman of the TDC, Marketing Director or other designee. Other duties
include consultations with TDC Advisory Committees from the five districts, TDC umbrella
programs and/or other tourism industry organizations within the Florida Keys as directed by the
TDC as it relates to the development of an effective marketing program for the Florida Keys.
D. Provide staff services to manage communications to develop awareness,
promote favorable image and goodwill for the TDC.
E. Provide the development of favorable national and international publicity.
F. Provide the establishment and maintenance of contacts with print and
broadcast media.
G. Provide the preparation of press kits.
H. Provide the development and distribution of photographs and news
releases for trade and consumer media.
I. Provide preparation of public relations in developing of TDC marketing
plan.
J. Provide representation of TDC at selected trade shows, sales/media
missions, FAM tours, media workshops and journalist conferences.
K. Provide liaison public relation services with private tourism sector.
L. Provide the establishment and management of Agreements with sub -
agencies for international, specialty or other public relation markets and/or
programs.
M. Address emergency situations that affect tourism and provide crisis
management program.
N. Provide editorial support for Internet web site.
O. Provide publicity before, during and after special events.
P. Provide assistance to the Florida Keys Film Commission.
Q. Maintain appropriate records of print clippings and broadcast coverage.
R. Provide periodic reports on public relations activities.
S. Provide development and maintenance of digital/dvd/videotape/still photo
libraries.
T. Provide a measurability process to evaluate the public relation programs.
U. Provide implementation of such services as outlined within the objectives,
goals and strategies of the annual marketing plan.
V. Perform such other public relations activities as required by the TDC.
4. COMPENSATION: Compensation and expenses will be paid, subject to
availability of Tourist Development Tax funds and approved purchase orders as follows:
A. The FIRM shall be compensated for public relations activities under the
Agreement scope of services and that have been approved through the annual marketing plan.
B. The FIRM shall have pre -approval on all other projects and materials by
the TDC Marketing Director, TDC Chairman or TDC according to TDC and Monroe County
Procurement Policies.
C. The FIRM shall have all fees and expenses placed on invoices that have
the proper approved purchase order account number and follow County requirements for
payment.
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Public Relations Request For Proposal - 2007
D. The FIRM shall be compensated for the performance of all public relations
staffed services outlined within the scope of services as defined by this Agreement and the
approved FY Marketing Plan for an agency administration fee of:
First Year $
Second Year $
Third Year $
The County shall have the option of renewing this Agreement for two (2) years under the same
conditions subject to negotiation of monetary terms. Monroe County's performance and
obligation to pay under this Agreement is contingent upon an annual appropriation by the
BOCC.
E. The FIRM will be reimbursed at cost for all actual expenses incurred for
media materials, postage, shipping, clipping services, special event support, research, web
site maintenance, promotional items, seminars or show registrations, sub -agency agreements,
entertainment of media, broadcast support, photography, broadcast production, travel
expenses and all other projects or production materials that are necessary for the fulfillment of
this Agreement and have been approved in advance by the TDC according to TDC and
Monroe County Procurement Policies. The FIRM's telecommunication services are included in
their professional fees.
F. The FIRM may provide Public Relation Services above and beyond their
normal requirements as defined by this Agreement and the approved Fiscal Year Marketing
Plan, for TDC funded special events, Turnkey or otherwise, as approved by the TDC in
advance. Such services will be charged back to the event upon approval of event coordinator
and the TDC.
G. Contracted services are Agreements entered into by Stuart Newman
Associates for services to be provided for Monroe County which include, but are not limited to
international public relations, local liaisons and other services properly authorized in advance
by the Tourist Development Council and Board of County Commissioners.
H. All reimbursable expenditures paid by the County shall be subject to the
annual public relations expense budget approved by the Tourist Development Council and
Board of County Commissioners.
I. The FIRM shall submit to the Tourist Development Council monthly
billings for one -twelfth (1/12) of the annual agency fee for staff and Agreement services.
Reimbursable expenditures shall be invoiced and billed to the County for payment on a
monthly basis. The County shall be responsible for payment of all authorized fees and costs
due the FIRM according to the Florida local government prompt payment act.
5. Records — Access and Audits: The Firm shall maintain adequate and complete
records to justify all charges, expenses and costs incurred in performing the work for at least
four (4) years after completion of this Agreement. The County shall have access to such
books, records, and documents concerning the contracted services. The access to and
inspection of such books, records, and documents by the TDC/County shall occur at any
reasonable time. Firm understands that it shall be responsible for repayment of any and all
audit exceptions identified by TDC/County. Any current or subsequent agreement awards will
be offset by the amount of any audit exceptions. In the event there are not funds still held by
TDC/County for an Agreement award, the amount of audit exception shall be billed to Firm
who shall promptly pay same.
6. Public Relations Agency of Record: Firm shall act as the agency of record of
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Public Relations Request For Proposal - 2007
the County/TDC for all public relations services, except as mutually agreed otherwise, and for
the performance of related or special services as requested by the TDC.
7. Indemnification and Hold Harmless: Firm agrees to indemnify and hold
harmless the County, TDC, 3406 North Roosevelt Boulevard Corporation, its officers, agents,
and employees from and against any and all claims of any kind or nature, liabilities, litigation,
causes of action, damages, costs, expenses (including but not limited to fees and expenses
arising from any factual investigation, discovery or preparation for litigation), and the payment
of any and all of the foregoing as well as any demands, settlements or judgments (collectively
claims) arising directly or indirectly from any negligence or conduct on the part of Firm in the
performance of the terms of this Agreement. The Firm shall immediately give notice to the
County of any suit, claim or action made against the Firm that is related to the activity under
this Agreement, and will cooperate with the County in the investigation arising as a result of
any suit, action or claim related to this Agreement.
8. Property Rights: The County shall own and have all rights subject to regulations
and talent agreements, to any and all copy, photos, films and other promotional materials
which the firm prepared or purchased for the County's account pursuant to a program,
campaign, or project which the TDC has approved in writing, regardless of whether such
material was published, displayed, broadcast, distributed or otherwise presented prior to the
termination of the Agreement, provided the County has paid for same in accordance with the
provisions of this Agreement.
9. Approval and Changes: The TDC shall have the sole and exclusive right to
approve, modify, reject, or cancel any and all plans, proposals, submissions and other work in
progress, in which case the TDC's directions shall be immediately implemented. However,
nothing in this Agreement shall be construed as requiring the Firm to violate any contractual
commitments to media made on the TDC's behalf. All contractual commitments to media
require the TDC's prior written approval. The County shall only be liable for charges approved
in writing prior to the Firm entering into such contractual commitment.
10. Termination: Termination of this Agreement shall occur at the natural ending
date or earlier should either party terminate without cause upon providing 120 days written
notice prior to the termination date. County may terminate for cause upon 10 days notice of
FIRM. In the event of early termination, Firm shall exercise due diligence in carrying out its
obligations under this Agreement until the date of termination. County will not be obligated to
pay for any costs incurred after the effective termination date with the exception of pre -
approved contracted services.
11. Exclusive Presentation: 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. Firm shall act at all
times herein as an independent contractor, and nothing contained herein shall be construed to
create the relation of principal and agent or employer and employee, between County and
Firm.
12. Disclosure of Financial Interest: Firm agrees to disclose within thirty (30) days of
the execution of this Agreement any existing financial interest in the business of its suppliers or
providers utilized in fulfillment of this Agreement, and shall disclose said interests as they may
arise from time to time.
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Public Relations Request For Proposal - 2007
13. 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.
14. Taxes: The County and TDC are exempt from federal excise and state of Florida
sales tax.
15. Finance Charges: The County and TDC will not be responsible for any finance
charges.
16. Relations of County/TDC: It is the intent of the parties hereto that Firm shall be
legally considered as an independent contractor and that neither it nor its employees shall,
under any circumstances, be considered servants or agents of the County and TDC and the
County and TDC shall at no time be legally responsible for any negligence on the part of
agency, its employees or agents, resulting in either bodily or personal injury or property
damage to any individual, Firm or corporation.
17. Disclosure: Firm shall be required to list any or all potential conflicts or interest,
as defined by Florida Statute 112 and Monroe County Code and shall disclose to the County
and TDC all actual or proposed conflicts of interest, financial or otherwise, direct or indirect,
involving any client's interest which may conflict with the interest of the County and TDC.
18. Force Maieure: Firm 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 the control of any of its subcontractors or suppliers, including labor dispute, strike,
labor shortage, war or act of war, whether an actual declaration thereof if made or not
insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine
restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any
governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or
materials or supplies, or technical failure where Firm has exercised reasonable care in the
prevention thereof, and any such delay or failure shall not constitute a breach of this
Agreement. However, Firm shall, within one week of such event, make alternative
arrangements to ensure that services continue uninterrupted.
19. Assignment: Firm shall not assign, transfer, convey, sublet or otherwise dispose
of this Agreement, or of any or all of its rights, title or interest therein, or its power to execute
such Agreement to any person, new owner, company or corporation without prior written
consent of the County. A change in ownership of stock or partnership interest shall constitute
such a transfer.
20. Compliance With Laws — Non Discrimination: Firm shall comply with all
international, federal, state and local laws and ordinances applicable to the work or payment
for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, sexual
orientation, age, or national origin in the performance of work under this Agreement. This
Agreement shall be subject to all international, federal, state, and local laws and ordinances.
21. Insurance: Firm 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
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Public Relations Request For Proposal - 2007
or replaced. Delays in the completion of work resulting from the failure of the Firm 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 Firm's failure to maintain the required insurance.
either:
Firm shall provide, to the County, as satisfactory evidence of the required insurance,
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 Agreement.
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 Firm's insurance shall not be construed as
relieving the Firm from any liability or obligation assumed under this Agreement or imposed by
law.
The Monroe County Board of County Commissioners, its employees, TDC Board of
Directors and officials will be included as "Additional Insured" on all policies, except for
Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared 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 Agreement the Firm
shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida
Statute 440.
less than:
In addition, the Firm shall obtain Employers' Liability Insurance with limits of not
$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 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-V1, as assigned by the A.M. Best Company.
B. Prior to the commencement of work governed by this Agreement, the Firm
shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the Agreement and include, as a minimum:
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Public Relations Request For Proposal - 2007
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 Agreement. In addition, the period for which claims maybe 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. Recognizing that the work governed by this Agreement requires the use of
vehicles, the Firm, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintain throughout the life of the Agreement and include, as a minimum,
liability coverage for:
Owned, Non -Owned, and Hired Vehicles
The Minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
22. Governing Law/Venue: This Agreement shall be governed and construed by and
in accordance with the laws of the State of Florida. Venue for any dispute shall be in Monroe
County. Mediation shall be conducted according to the rules of the 16t" Judicial Circuit for
Monroe County. This Agreement is not subject to arbitration.
23. Entire Agreement Amendment: This writing embodies the entire Agreement and
understanding between the parties hereto, and there are not other agreements and
understandings, oral or written, with reference to the subject matter hereof that are not merged
herein and superseded hereby. Any amendment to this Agreement shall be in writing
recommended by the TDC and approved by the County and signed by both parties.
24. Severability: If any provisions of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the
application of such provision other than those as to which it is invalid or unenforceable, shall
not be affected thereby; and each provision of this Agreement shall be valid and enforceable to
the fullest extent permitted by law.
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Public Relations Request For Proposal - 2007
25. Authority: Each of the signatories for the Firm below certifies and warrants that:
a) Firm's name in the Agreement is the full name as designated in its corporate
charter, and
b) He/she is empowered to act in agreement for the contractor, and
c) This Agreement has been approved by the Firm's board of directors
26. Ethics Clause: Firm warrants that it has not employed retained or otherwise had
act on its behalf any former County officer or employee in violation of Section 2 or 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 these provision the County may, at its discretion terminate this
Agreement without liability and may also, at 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 or present County officer or employee.
27. 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 an
agreement to provide any goods or services to a public entity, may not submit a bid on an
agreement 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 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, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list. By signing below, Firm represents it is not in
violation of this paragraph.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By. By_
SecretaryPrint Name
OR TWO WITNESSES
(1)
Print Name
Date:
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Public Relations Request For Proposal - 2007
Board of County Commissioners
of Monroe County
Mayor/Chairman
President
Print Name
Date:
(2)
Print Name
Date:
SECTION FIVE
INSURANCE REQUIREMENTS MONROE COUNTY, FLORIDA
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Public Relations Request For Proposal - 2007
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
for
Other Contractors and Subcontractors
The Contractor 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 of 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 Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor 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 Contract.
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Public Relations Request For Proposal - 2007
SECTION SIX
RESPONSE/PROPOSAL FORMS
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Public Relations Request For Proposal - 2007
RESPONSE FORM
RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included:
the Proposal Ethics Clause
the Non -Collusion Affidavit Drug Free Workplace Form
In addition, I have included a current copy of the following professional and occupational
licenses:
(Check mark items above, as a reminder that they are included.)
Mailing Address:
Signed:
(Name)
(Title)
Witness:
Telephone:,
Fax:
Date:
(Seal)
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Public Relations Request For Proposal - 2007
NON -COLLUSION AFFIDAVIT
1, of the city of
law on my oath, and under penalty of perjury, depose and say that:
1. I am
of the FIRM of
according to
the Respondent making the Proposal for the project described in the Notice for
Calling for Proposals for:
and that I executed the said Proposal with full authority t do so:
2. the prices in this Proposal 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 Respondent or with any
competitor;
3. unless otherwise required by law, the prices which have been quoted in this
Respondent have not been knowingly disclosed by the Respondent and will not
knowingly be disclosed by the Respondent prior to Proposal opening, directly or
indirectly, to any other Respondent or to any competitor; and
4. no attempt has been made or will be made by the Respondent to induce any other
person, partnership or corporation to submit, or not to submit, a Proposal 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.
(Signature of Respondent)
STATE OF:
COUNTY OF:
(Date)
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her
signature in the space provided above on this day of
NOTARY PUBLIC
My Commission Expires:
20
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Public Relations Request For Proposal - 2007
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
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 Contract without liability and may also, in its discretion,
deduct from the Contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former COUNTY officer or
employee.
(Signature)
(Date)
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her signature
(name of individual signing) in the space provided above on this day of
,20
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4
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Public Relations Request For Proposal - 2007
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 Proposal 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 Proposal, 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 FIRM complies fully with the
above requirements.
Respondent's Signature
Date
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Public Relations Request For Proposal - 2007
REQUEST FOR PROPOSAL CHECKLIST
Please ensure that all items have been checked before submitting request for Proposal.
Submit this checklist as the last page of your proposal.
❑ Cover Page
Tabbed Sections:
❑ Tab 1. Narrative Self -Analysis
❑ Tab 2. References
❑ Tab 3. Account Information
❑ Tab 4. Financial Statements, Accounting and bookkeeping procedures
❑ Tab 5. Staff Information
❑ Tab 6. Service capability to Monroe County
❑ Tab 7. Written Presentation
❑ Tab 8. Compensation
❑ Tab 9. Pending Litigation
❑ Tab 10. COUNTY Proposal Forms
❑ Tab 11. Other Information
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Public Relations Request For Proposal - 2007