Item G05 G5
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
November 19, 2024
Agenda Item Number: G5
2023-3248
BULK ITEM: No DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Kara Franker and Christine Limbert
AGENDA ITEM WORDING: Approval to issue a Request for Proposals (RFP) for Advertising
Services for the TDC and Discussion and Direction regarding the current Agreement for Advertising
Services with Tinsley Advertising.
ITEM BACKGROUND:
At the October 29, 2024, TDC meeting, the TDC discussed the current Agreement with Underwood
Martel, Inc. d/b/a Tinsley Advertising and Marketing and unanimously voted for Staff to work on a
Request from Proposals for Advertising Services.
Staff seeks approval from the Board to issue an RFP for TDC Advertising services and direction on
termination the agreement without cause and provide 120 days notice as per the contract with the ability
to extend the termination date as needed.
Options:
Option 1)Approval to issue RFP for Advertising Services, Terminate the Tinsley Advertising
Agreement for convenience. The RFP competitive solicitation would be issued with an anticipated
advertisement period of 30 days or more (estimated RFP timeline: issue RFP 11/2024 (a draft RFP will
be attached to this item), RFP opening date 1/2025, selection committee meeting 1/2025, TDC
recommendation 1/2025 and award& approval of contract by BOCC 2/2025; tentative effective date of
new contract 3/1/25). The contract provides a 120 day notice period prior to termination which from
today would be effective March 19, 2025. Staff recommends for the termination date of the agreement
to be extended as needed to ensure no lapse in in the advertising services, to allow for time as need for
the RFP process and to allow for a transition period if a new vendor is selected. County staff consulted
with Kara Franker and she recommends for the contract termination date to be extended to March 31,
2025. Direct Kara Franker, the VFK CEO to oversee the transition for Advertising Services. This may
include working with the current contractor/Tinsley Advertising to ensure a smooth transition or
implementation of services, seeking temporary contractors/ short-term solutions and/or bringing
1924
services under VFK as needed for advertising services.
Option 2)Issue RFP and Terminate the Agreement for Cause. The Agreement also allows for
termination for cause with seven (7) days notice. Cause constitutes a breach of the obligations of the
Contractor to perform the services enumerated as the Contractor's obligations under the Agreement. The
Board has the option of terminating the agreement for cause, if cause exist. This option is not preferred
since the TDC recommended issuing an RFP and the RFP process is expected to take several months as
noted above.
Option 3)No Action- Don't issue an RFP at this time and/or terminate the current agreement with
Tinsley Advertising, which ends 9/30/26.
Option 4)Any combination or portions of options outlined above.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement with Tinsley Advertising at their meeting of July 31, 2021 and
Amendments to Agreement on February 21, 2024, March 20, 2024 and May 14, 2024
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval to issue RFP and provide direction on termination for
convenience/without cause of the current advertising agreement.
DOCUMENTATION:
Tinsley Amendments and Agree ent.pdf
2024 TDC Advertising RFP DRAFT.pdf
FINANCIAL IMPACT:
The TDC Advertising Services under the Agreement with Tinsley Advertising are paid from Tourist
Development Tax Revenues. The Financial Impact is unknown at this time.
1925
FIRST AMENDMENT TO ADVERTISING AGENCY AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this 21 st
day of February 2024, by and between Monroe County, Florida, (hereinafter called the
"County"), and Underwood Martell, Inc., doing business as Tinsley Advertising &
Marketing, Inc. (hereinafter called the "Contractor").
WITNESSETH:
WHEREAS, the County and Contractor entered into an Advertising Agency
Agreement on July 21, 2021 ("Agreement") for professional advertising services, which
includes consulting advice relating to the Monroe County Tourist Development Council
("TDC") marketing and promotion of tourism, and
WHEREAS, the Governor's Conference on Tourism is held annually and is one of
VISIT FLORIDA'S events which is an educational conference for the Florida tourism
industry. This event brings together tourism industry professionals, advertising agencies,
travel experts and state leaders to explore the latest trends and opportunities for the
tourism industry; and
WHEREAS, the Contractor has attended this event for more than 25 years as the
County's advertising agency and regards it as a show case of all Destination Marketing
Organizations (DMOs) and attractions in the State of Florida to learn more about the
travel industry in Florida and as well as travel trends, and VISIT FLORIDA co-op program
etc. which assist Contractor in better promotion of the Florida Keys and Key West; and
WHEREAS, The Flagler Awards is an annual statewide competition recognizing
outstanding Florida tourism marketing and the awards ceremony is part of the Governor's
Conference on Tourism. The program was created by VISIT FLORIDA to honor the
countless individuals and organizations that help position Florida as the No. 1 travel
destination in the world. Each year the Flagler Awards pay tribute to the determined
efforts of those who use their skill, resourcefulness, creativity and innovative spirit to
market Florida to the world. At the direction of the TDC's Marketing Director, entries have
been prepared and submitted by Contractor which has resulted in winning entries
awarded to the TDC; and
WHEREAS, Contractor also attends other conventions, trade shows and
conferences as approved by the TDC or TDC's Marketing Director which will allow for the
Contractor to better promote the Florida Keys and Key West, as the TDC's exclusive
advertising agency; and
WHEREAS, the Agreement did not specifically include these services and
participation in these events in the scope of services listed in the Agreement; and
1926
WHEREAS, County desires to enter into this Amendment to the Agreement to
allow for these services to continue and to revise the scope of services, compensation
and reimbursement contract provisions to include these services and costs;
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. Amend Paragraph 2. Scope of Services to add the following:
N. The Contractor shall attend the annual Florida Governor's Conference on
Tourism. The Contractor shall attend conventions, trade shows, conferences and
other events as approved by the TDC which are deemed to assist the Contractor
in performance of the advertising services set forth in this Agreement.
O. The Contractor shall prepare and submit Flagler award entries, as directed by
the Marketing Director. The Contractor shall be compensated for its time to create
and submit the Flagler award entries and for the entry fee.
2. Amend Paragraph 3. Compensation to add the following:
E. VISIT FLORIDA Governor's Conference on Tourism & Flagler awards and
other events as approved by the TDC:
1) Contractor shall be reimbursed for travel costs to and from the VISIT FLORIDA
annual Governor's Conference on Tourism, including travel, lodging, mileage, per
diem in accordance with Monroe County Codes and Policies. The Contractor shall
be reimbursed for the Registration/Conference Fee.
No time will be charged, and no compensation shall be paid for attendance at any
convention, trade show, conference or other event. Travel expenses are regulated
by the Monroe County Code Sec. 2-106 to 2-112 and adequate documentation
must be provided by Contractor, including but not limited to the exact dates of
travel, lodging, mileage, costs. If the TDC approves Contractor's attendance at
other conventions, trade shows, conferences and events, the Contractor shall be
reimbursed for travel, lodging, milage, per diem, and registration fees.
2) Flagler Awards: The Contractor shall be compensated for time to create,
prepare and submit entries. The Contractor shall also be reimbursed for the entry
fee charged by VISIT FLORIDA. The Contractor's time shall be invoiced in
accordance with the hourly rates as set forth below:
Creative Director - $180.00
Senior Copywriter - $175.00
Copywriter - $140.00
Senior Art Director - $165.00
Broadcast Supervision - $120.00
Computer Artist- $145.00
Traffic Supervisor - $135.00
Amendment to Advertising Agreement
I D#2609
2
1927
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1928
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT, is made and entered into this 20th
day of March 2024, by and between Monroe County, Florida, (hereinafter called the "County"),
and Underwood Martell, Inc., doing business as Tinsley Advertising & Marketing, Inc.
(hereinafter called the"Contractor").
WHEREAS, the County and Contractor entered into an Advertising Agency Agreement on
July 21, 2021 ("Agreement")for professional advertising services,which includes consulting advice
relating to the Monroe County Tourist Development Council ("TDC") marketing and promotion of
tourism, and
WHEREAS, the County and Contractor entered into an First Amendment to Agreement on
February 21, 2024 to revise the agreement to allow for attendance at the annual Florida Governor's
Conference and other conventions, trade shows, conferences, and events as approved by the TDC
and to prepare and submit Flagler Award entries; and
WHEREAS, this Amendment seeks to amend the Agreement to add a provision for Task
Orders to be issued for special projects which shall include and outline the scope of the services,
the total amount of payment for said scope of services for the work as assigned to the Contractor;
NOW,THEREFORE,in consideration of the mutual covenants contained herein the
parties agree to amend the Agreement as follows:
1. Paragraph 2 S c op e o f S e ry i c e s shall be revised to add the following:
P. Special projects assigned to the Contractor shall be documented in the form of a
Task Order and processed as noted in the attached"sample", which shall include and
outline the scope of services and the amount to be paid for completion of the scope of
services. The Task Order shall be approved by the TDC or the BOCC depending upon
the amount of Task Order.
2. The remaining provisions of the Agreement dated July 21, 2021, as amended February
21, 2024, shall remain in full force and effect.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Amendment#2
Tinsley
Contract#: 2609
1929
ItUy�TNESS WHEREOF,each party caused the Task Order to be executed by its duly authorized
� epffle bntative.
gyp,+`{Sl Board of County Commissioners
Y Attest EG In adok,Clerk of Monroe County
h �"As[?eputy l"e �`- Mayor/ irman
Tinsley'`Adve sing nd Market n ,i
By: x
Oh eco Ve ff, j
rit Name Dato
AND TWO WITt' tg;s'''
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Print Name Print blame
Date: _ �' l Date:
MONROE COUNTY ATTORNEY
PPft 1£D AS TO FOB
CHRISTINE LIMBERT•BARROWS
ASSISTANT CS)I.pdJY2ATTORNEY
DATE; LL{{1L�9 44
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Amendment#l2
Tinsley l C)
Contract#t:2609 e "`
7."
1930
(Sample)
TASK ORDER FOR SPECIAL PROJECT
FOR
(Insert Special Project title) PROJECT
In accordance with the Agreement for Advertising Services for the Tourist Development Council
(TDC) made and entered on the 21st day of July 2021 between Monroe County, FL hereinafter
referred to as the "County" and Underwood Martell, Inc., doing business as Tinsley
Advertising & Marketing, Inc. (hereinafter called the "Contractor' or"Consultant").
All terms and conditions of the referenced Agreement for Advertising Services apply to the Task
Order, unless the Task Order modifies an Article of the Agreement of which will be specifically
referenced in this Task Order and the modification shall be precisely described.
In accordance with Paragraph 2. P. of the Agreement this Task Order sets forth the effective date,
completion period, scope of work and payment details for completion of this special project.
Effective Date and Completion Period
This Task Order is effective on the_ Day of 202_(insert date). The project
shall be completed within (insert days) days.
Scope of Services
The scope of services will include: Insert Scope of Services
Compensation
The Consultant shall be paid a dollars and cents (insert written
amount of compensation) ($ (insert numerical amount of compensation) upon completion
of the scope of services set forth above.
(Note: Remove from final Task order- If payment needs to be made in installments, then the scope
of services shall be set forth in phases to allow for payment for completion at each phase of the
scope of services)
Note: Task Orders of$100,000 or less shall be approved by the TDC. Task Orders of$100,000.01
or more shall be approved by the BOCC.
(If 100,000 or less)
Approved by the TDC at their meeting held on (insert date)
If$100,000.01 or more, include the below signature page and place on BOCC agenda for
approval:
Amendment#2
Tinsley
Contract#: 2609
1931
IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized
representative.
(SEAL) Board of County Commissioners
Attest: Kevin Madok, Clerk of Monroe County
As Deputy Clerk Mayor/Chairman
Tinsley Advertising and Marketing, Inc.
By:
Chief Executive Officer
Print Name Date
( IIII 114l 'III III IIII IIII
(1) (2)
(1) (2)
Print Name Print Name
Date: Date:
Amendment#2
Tinsley
Contract#: 2609
1932
3rd AMEND ENI -0-A REE r
15thTH'I 3rd AMENDME T TO AGREEMENT, is made and entered into
thus day ofq. ay 2024 by and between Monroe County,
Flori a,{hereinafter c ailed the-County"),and Underwood Martell,Inc.,doing
business as Tinsley Advertising & Marketing, Inc. (hereinafter called the
"'Contractor"),
WHEREAS, the County and Contractor entered into an Advertising
Agency Agreement on July 21,2021 (Agreement"')for professional advertising
services, which includes consulting advice relating to the Monroe County
Tourist Development Council("TDC",)marketing and promotion of tourism,and
WHEREAS,the County and Contractor entered into a First
Amendment to Agreement on February 21,2024 to revise the agreement to
allow for attendance at the annual Florida Governor's Conference and other
conventions,trade shows,conferences,and events as approved by the TDC
and to prepare and submit Flagler Award entries;and
WHEREAS, the County and Contractor entered into a Second
Agreement to Agreement on March 20, 2024 to add a provision for Task
Orders to be issued for special projects which shall include and outline the
scope of the services,the total amount of payment for said scope of services
for the work as assigned to the Contractor;and
WHEREAS,the Agreement expires on September 30,2024,and there
is an option to extend the Agreement for an additional two (2) year period;
and
WHEREAS, the parties wish to exercise the option to extend the
Agreement for an additional two(2)year period;and
NOW,THEREF'O E,in consideration of the mutual covenants
contained herein the parties agree to amend the Agreement asfollows:
i Paragraph '1 of the Agreement shall be revised to read:Term:This
Agreement shall expire on September 30,2026
2 The remaining provisions of the Agreement dated July 21, 2021,
and amended February 21,2024,and March 20,2024,shall remain
in full force and effect.
Tinsley Advertising—311A endtnent
ID 42609
1933
IN WITNESS.WHEREOF,the parties have set their hands and seal on the day and year
first above written.
(SEAL
} Board of County Commissioners
kR, r r fA testy Ke in,;Madok,Clerk of Monroe County
fill eputxaClerk Mayor/Chairman
MONROECOUNTY'ATTORNEY -
4PPR VEQ AS TO F6
Tinsley rtising d Inc. x
CHRISTINE LIMEERT•EARROWS
ASSISTANT COUNTY ATTORNEY
DATE:_ 4f9124
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Print Name
Date: f 'rt'1L `� .2 ,
,AND TWO ,a1TN" ,S_ ��"-•'
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Print Name Print Name
Date
Date:
Tinsley Advertising—3w Amendment
ID 92609
1934
L0
ADVERTISING AGENCY AGREEMENT
THIS AGREEMENT ("Agreement"), made and entered into this 21st day of
July , 2021, by and between Monroe County, Florida, (hereinafter called the
"County"), and Underwood Bartell, Inc., doing business as Tinsley Advertising &
Marketing, Inc. (hereinafter called the "Contractor").
WITNESSETH:
WHEREAS, the County issued a Request for Proposals ("RFP) for professional
advertising services, which includes consulting advice relating;: to the Monroe County
Tourist Development Council ("TDC") marketing and promotion of tourism, and
WHEREAS, Contractor was the sole proposer to the RFP-, and
WHIEREAS, Contractor been furnishing quality professional advertising services
which promote tourism for thirty-five (35) years and is otherwise qualified to provide the
services; and
WHEREAS, the Monroe County TDC, an advisory board to the County's Board of
County Commissioners ("BOCC"), has, recommended to the County that a new
Agreement for advertising services be entered into with Contractor, and
WHEREAS, County desires to enter into this Agreement for advertising services
with the Contractor-,
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as, follows:
1. Term: The term of this Agreement is for a period of three (3) years beginning on
October 1, 2021 and expiring on September 30, 2024. The County shall heave an option
to extend this Agreement for one (1) additional two (2) year period.
2. 'Scope of Services: The Contractor will serve as the exclusive full-service,
advertising agency for the TDC, and will provide advertising services for the County as
provided in this Section 2 and Section 3 (the "Scope of Services"). The Contractor and
the advertising programs are subject to review by the Monroe County TDC,
A. Key PersonneL This Agreement is a, professional service Agreement
with expectation that principal personnel performing the services are those personnel
listed. Notice of any change in the following personnel shall be sent to the TDC. The
principals assigned are the following-.
1) John Underwoodl, Chief Executive Officer
2) Dorn Martell', Chief Creative Officer
3) Danielle Salman, Account Supervisor
Advertising Agreement FY 2022
IN 2609
cfl
MINIMUM STAFF PERSONNEL ASSIGNED:
1) Account Supervisor„ approved by the Chairperson of the TDC
and Marketingi Director
2) Senior Account Executive; Account Coordinator and ad6tionial
staff within the normal services will be assigned as required'.
B. At Ileast one (1) of the principals shall meet with the Monroe County
TDC at all regularly scheduled meetings of the TDC, the Advisory and Umbrella
Committees, and at any other times as directed by the TDC upon written notice to the
Contractor. For purposes of this section written notice can be provided by email rather
than the formal notice procedure as set forth in Section 16 below.
C. Contractor agrees to assiign an advertising Account Supervisor who
will devote such time and effort as necessary to the account on a priority basis:, including
full time when required. Duties of the Account Supervisor will include contact as required
with the Chairperson or Vice-chairperson of the TDC, Marketing Director or other
designee. Other duties include regular consultation visits throughout Monroe County;
consultations with TDC Advisory Committees within The Florida (Keys & Key West (the
"Florida Keys"), and interfacing with other agencies of record such as Public Relations
and website provider as directed by the TDC; participation in, and coordination of, media
planning- coordination of production and traffic activities with the Contractor, coordination,
of and liaison with mail fulfillment services on behalf of the TD,C; and liaison with private
sector resorts, attractions and other tourism related fields in the County, relating to the
development of an effective advertisingi progiram for the Florida, Keys,
D. Contractor agrees, that time is, of the essence, and to provide on a
timely basis, copy and concepts and supervision of tangible materials for media and
colilateral production materials, including: radio and television, print, digital/mobifle, social,
website, outdooir, direct mail or any such technology which may be employed to further
the objectives of the TDC; traffic and billing of media and collateral production materials.
E. Contractor shall provide materials for the design and creative content
of the County's website upon request of the TDC website provider. Notwithstanding
anything herein to the contrary, retouchiing and imiagie compositing for website creative
materials (existing video and photography owned by the TDC that the agency has
produced) are not included and willl be bulled at Contractor's standard rates.
F. Contractor shall emiploy its knowledge of available miedia and media
research:, and normal use of out-sourced media research services to which the Contractor
subscribes for the purpose of planning media advertising programs.
G. Contractor shall counsel the TDC/County in the use of special media,
marketing, prodluct and consumer research as may be advisable,
Advertising Agreement FY 2022
IN 2609
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01
(D
H. Contractor shall formulate and recommend media plans based on
written objectives established within the TDC marketilng plan which shall be reviewed on
an annual basis.
I. Contractor shall order media space, time or other means of media to
be used, endeavoring to secure the most advantageous rates avaiilable, checking aind
verifying such media use, auditing and paying invoices to media.
J. Contractor shall negotiate special talent fees in accordance with
trade contracts to be more inclusive of total work and keep costs to a minimum.
K. Contractor may establish Agreements with sub-contractors for
production, traffic and other marketing services.
L. Contractor shall obtain written pre-approval on all advertising, media
buys, production and materials from the TDC Marketing Director or the TDC Chairperson.
M. Contractor shall have, alil media and production expense accounts
placed on individual purchase orders. All invoices shall have the proper purchase order
number. No invoice willl be paid unless account funds are available. No invoices will be
paid outside the advertising budget without TD,C approval.
3. 'Compensation: Compensation shall, be paid, subject to availability of Tourist
Development Tax Funds and approved purchase orders, as follows:
A. Media Placement:
1) Contractor shall be compensated for media placement at the net
cost to Contractor plius Fifteen percent (15%) commission, upon
receipt and proof of payment of media invoices with affidavits
and/or tear sheets, screenshots, etc. Net rate is the actual
negotiated paid cost for media placement to the vendor without
any markup costs. This will include alil generic and district
campaigns, cultural, fishing and diving umbrella campaigns, and
all co-op advertising placement. Co-op advertising is established
to provide lodging accommodations and other tourist related
businesses within the County an opportunity to buy into TDC
advertisements at a cost-effective rate.
2) Contractor shall be reimbursed for projects designated as special
projects approved by the TDC at actual costs,, plus Fifteen
percent (15%), the total not to exceed the amount budgeted by
the TDC.
3) In the event of a catastrophe for the County and/or for South
Florida, such as a hurricane or other business interruption, and
subject to the provisions in: paragraph 33, Force Majeure, or other
Advertising Agreement FY 2022
1D#2609
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00
M
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crisis management situation, the Contractor shall confer with the
TDC Marketing Director and/or TDC Chairperson and perform
the same types of services described in this Agreement. The
Contractor also agrees that it will have protocol (see Exhibit A) in
place for any catastrophe affecting the Contractor's base of
operations, i.e. safeguarding of all official photography and film;
facilities and equipment available; staff availability and all other
vital material relative to the continued marketing of the Florida
Keys. In addition, the Contractor will ensure the ability to cancel
existing media and produce and place ongoing media.
4) Contractor shall prioritize local talent and sub-contraictors for
production, and other marketing services when appropriate,
B. Reimbursable Expenditures: The County shall reimburse the
Contractor for all approved expenditures and payments made on the, County's behalf for
media placement subject to state and County rules and regulations. The Contractor shall
submit invoices with supporting documentation that is acceptable to the Monroe County
Office of the Clerk of Court and Comptroller ("County Clerk"). Acceptability to the County
Clerk is based on Accepted Accounting Principles and such laws, rules, and regulations
as may govern the County Clerk's disbuirsai of funds. Packaging, shipping, express mail,
postage, legal expenses on behalf of County, and travel expense for Contractor's
personnel shall be considered reimbursable expenses, subject to County's approval.
Travel expenses of approved personnel on behalf of the business of the TDC shall be
compensated at the rates established by Florida law and County law and policy.
C. Invoices:
1) AIII invoices submitted by the Contractor to the TDC shall have
the proper purchase order number and be marked as to which
account is properly chargeable,
2) Normal production costs for specific pre-approved jobs will] be
submitted for payment at one time upon completion. The
Contractor is encouraged to use in-county vendors to supply
services wherever plossibIe, and when the local vendors are able
to supply goods or services that are at least equivalent to the
quality of goods and services of out-of-county vendors and meet
the needs of the TDC and the County. To that end, the
Contractor understands and agrees that in any project the
Contractor, if requested, may need to prepare and submit a
production budget for approval by the TDC Marketing
Director. This budget would include a breakdown of expenses,by
category and the name of each vendor or subcontractor
proposed for each category.
Advertising Agreement FY 2022
1D#2609
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3) No percentage will be added to Contractor charges for
packaging, shlppinig, express mail, postage, telephone, legal fees
and services and travel expenses for Contractor's personnel.
4) The Contractor's invoices and statements shall be payable by
County according to the Florida Local Government Prompt
Payment Act.
5) Contractor may seek reimbursement for media placed but then
not run due to declared emergency, pursuant to Section 29,
D. Production Charges:
1) The Fifteen percent (15%) commission on the net media
placement budget covers the cost of: Contractor senior
management services, account management services, media
services, accounting services and staff creative development
services for Generic, DAC, Event and Umbrella advertising as,
follows:
(a) Existing newspaper campaign ads, including: revised layout,
new copy/copy revisions, art direction, traffic & production
supervision. Note- computer artists:, color copies, retouching,
image composilting and digital proofs are not included.
(b) All new co-op newspaper ads including- concepts and
comprehensive layouts, copy/copy revisions, art direction,
traffic & production supervision. Note: computer artists, color
copies, retouching, image composiiting and dlg:ital proofs are
not included.
(c) Existing magazine ads, including- revised layout, new
copy/copy revisions, art direction, traffic & production
supervision. Mote: computer artists, color copies not included,
retouching, image compositing and digital proofs are not
included.
(d) Existing digital/miobil;e marketing aids, including: revised
format, new copy/copy revisions, art direction, traffic &
production supervision. Note: computer artists, color copies,
retouching, image composting and digital proofs are not
included.
(e) Minor revisions to existing television and radio (such as new
supers/titles, sponsorship logios, etc.).
Advertising Agreement FY 2022
ID#2�609
5
2) Creative Services Not Included: staff creative development
services for media, and collateral materials, ii.e,; photo shoots/TV
shoots/podcast videos, editing television commercials,
videos/infomercials, point of sale materials, new magazine
campaigns, new newspaper campaigns, new digital/mobile
campaigns:, direct mail, new brochures and major revisions to
existing brochures will be estimated and prior approval obtained
for each project at the following hourly rates:
Creative Director - $180.00
Concepts and Comprehensive Layouts - $11175.00
Senior Copywriter- $175.00
Copywriter - $140.00
Senior Art Direction & Supervision - $165.00,
Broadcast Supervision - $120.001
Computer Artist- $145,00
Traffic & Production Supervision - $135.00
3) Out of pocket expenses for creative development are
reimbursable at cost plus Fourteen percent (114%) and may
include, but are not limited to, the following
Photographers and Assistants
Film Production Crew
Editing Facilities & Services
Audio Recording Facilities
Models/Actors/Voice-over Talent
Four-Color Film (for print pubs)
Stock Photo Search and Usage Fees
SAG and AFTRA Residuals
TV Duipes, Radio Dupes, etc.
Printing
Media and Collateral Materials
Application development and/or programming
The County and the TDC assume no liability to fund this Agreement for an amount in
excess of this award, Payment for expenditures permissible by law and County policiies
shall be miade through reimbursement to Contractor upon presentation of invoices,, and
other documentation necessary to support a claim for reimbursement. The County's
performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Board of County Commissioners.
E. The County determines its annual media and advertising budget
("Advertising Budget"), each Fiscal Year (October 1 to September 30) for the Scope of
Services based upon the projected County's Tourist Development Tax Funds ("Budget"),
including the projected Tourist Development Tax Funds for the Generic Advertising
Advertising Agreement FY 2022
ID,#2609
6
("Generic Budget"), each District ("DAC Budget") aind the Fishing, Diving and Cultural
Umbrella ("Umbrella Budget") as allocated in each specific line item/east center/project
number. The County understands and acknowledges that the Contractor relies upon the
Advertising Budget that is adopted each Fiscal Year to determine its anticipated
compensation and income under this Agreement especially as this is an exclusive agency
agreement. The County further understands that the Contractor performs a substantial
portion of the scope of work prior to the placement of advertising and the Contractor
develops a media plan which outlines the work performed by the Contractor prior to the
placement of advertising. The Contractor understands and acknowledges that the
Advertising Budget may be cut duriing the County's Fiscal Year due to Uncontrollable
Circumstances that effect the County's tax revenue and projected Budget, Generic
Budget, DAC budget and Umbrella Budget, The Contractor understands, that if the
Budget, DAC Budget, or Umbrella Budget does not have sufficient funds to pay the
Contractor due to an Uncontrollable Circumstance(s), the County does not have the
obligation or ability to pay the Contractor. If the Advertising Budget set for each Fiscal
Year is reduced due to a declared emergency and when, sufficient funds are available
within that Fiscal Year, the County agrees to pay to Contractor at the end of each Fiscal
Year a seven and one-half percent (7.5%) commission for the work performed on the
planning and placement on media that is planned, as demonstrated iin the Contractor's
media plan, but not placed due to a reduction in the Advertising Budget or a declared
emergency,
Invoices relating,to a reduction in advertising or a declared emergency must be submitted
to the TDC administrative office no later than ten (10) business days after the end of the
fiscal year (September 30"),
4. Contractor's Acceptance of Conditions: The Contractor hereby agrees to carefully
examine the Scope of Services and assumes full: responsibility therefore. Under no
circumstances, conditions or situations shall this Agreement be more strongly construed
against the County than against the Contractor.
a) Any ambiguity or uncertainty in the Scope of Services shall be interpreted and
construed by the County, and the County's decision shall be final and binding upon
all parties.
b) The passing, approval and/or acceptance by the County of any of the :services
furnished by the Contractor shall not operate as a waiver by the County of strict
compliance with the terms of this Agreement. Failure on the part of the Contractor
to immediately correct default after a Notice to Correct the default, shall! entitle
the County, if it sees fit, to correct the same and recover the reasonable cost of
such replacement and/or repair from the Contractor, who in any event shall be
jointly and severely liable to, the County for all damage, loss and expense caused
to the County by reason, of the Contractor's breach of this Agreement and/or his
failure to comply strictly and in all things with this Agreement and with the
specifications.
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c) The Contractor agrees that the TDC may designate representatives to visit the
Contractor's facility(ies) periodically to conduct random open file evaluations
during the Contractor's normal business hours.
d) The Contractor warrants that it has, and shall maintain throughout the term of this
Agreement, appropriate licenses and permits required to conduct its business, and
that it will at all times conduct its business activities in a reputable manner. Proof
of such licenses and permits shall be submitted to the County upon request.
5. Advertising Agency of Record: The County appoints Contractor (i) as the TD,C's
exclusive advertising and marketing agency and sole media purchaser, and (fl) as the
sole agency of record in connection with the products and/or services of the TDC as
described in the Scope of Services, during the term of this Agreement. Contractor shall
act as the agency of record for preparation and placement of the County's TDC
advertising using "bed tax" funds except as otherwise mutually agreed upon. Contractor
shall perform related or special services as requested by the TDC. Contractor shall be
the sole entity charged with the responsibi'llity of preparing and placing advertising and
purchasing media with respect to the TDC.
& Exclusive Representation- Contractor agrees that it will not represent any private
resort or attraction within Monroe County, Florida, or other county or, city destinations, or
direct marketing organization (DMO)within the State of Florida without the prior approval
of the TDC and the County, during the term of this Agreement. Notwithstanding the
foregoing, the Contractor may create and be compensated for print and video materials,,
including, but not limited to, concepts and photography, for businesses, resorts and
attractions in the County as part of the Co-op Advertising Program and other County
programs.
7, Contractor's Financial Records and Right to Audit: Contractor shall maintain all
books, records and documents directly pertinent to performance under this,Agreement in
accordance with generally accepted accounting principles consistently applied. Each
party to this Agreement or their authorized representatives shalll have reasonable and
timely access to such records of each other party to this Agreement for public records
purposes,during the term of the Agreement and for four(4)years following the termination
of this Agreement. if an auditor employed by the County or Clerk determines that monies
paid to the Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the contractor shall repay the monies together with interest calculated
pursuant to Sec, 55.03, Florida Statute, running from the date the monies were paid to
Contractor.
Right to Audit Availability of Records. The records of the parties to this, Agreement
relating to the Scope of Services, which shall include but not be limited to accountiing
records, (hard copy, as well as computer readable, data if it can be imade available;
subcontract files (including proposals of successful and unsuccessful bidders, bid recaps,
bidding instructions, bidders list, etc.); original estimates; estimating work sheets;
correspondence, change order files (including documentation covering negotiated
Advertising Agreement FY 2022
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settlements), backcharge logs and supporting docum,enitation, general ledger entries
detailing cash and trade discounts earned, iins,urance rebates and dividends. any other
supporting evidence deemed necessary by County or the County Clerk to substantiate
charges related to this agreement, and all other agreements, sources of information and
matters that may in County's or the County Clerk's reasonable judgment have any
bearing on or pertain to any matters, rights, duties or obligations, under or covered by any
contract document (all foregoing hereinafter referred to as "Records") shall be open to
inspection and subject to audit and/or reproduction by County's representative and/or
agents or the County Clerk. County or County Clerk may also conduct verifications such
as, but not limited to, counting employees at the job site, witnessing the distribution of
payroll, verifying payroll computations,, overhead computations, observing vendor and
supplier payments, miscellaneous allocations, special charges, verifying information and
amounts through interviews and 'written confirmations with employees, subcontractors,
suppliers, and Contractor's representatives. All records shall be kept for ten (10 ) years
after Final Completion of the Scope of Services/Project. The County Clerk possesses
the independent authority to conduct an audit of Records, assets, and activities relating
to, this Scope of Services. If any auditor employed by the County or County Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Contractor shall repay the monies
together with interest calculated pursuant to Section 55.03, F.S., running form the date,
the moniies were paid to Contractor. The right to audit provisions survives the termination
of expiration of this Agreement.
8. Public Records Compliance: Contractor must comiply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I
of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records:, papers, letters or other
.'public record" materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall have
the right to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding, and shall/, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and
conditions of this contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
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(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied withiin a
reasonable time at a cost that does not exceed the cost provided in, this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records, in possession of the Contractor or keep and maintain public records that would
be required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all, applicable requirements for
retaining public records. AIII records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible with
the informiation technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied'! within, a
reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under section'!19.10, Florida Statutes.
The Contractor shalil not transfer custody, release, alter, destroy or otherwise dispose of
any publ�ic records unless or otherwise provided in this provision or as otherwise provided
by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, .....,FLORIDA STATUTES------TO THE
,CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,,
BRIAN BRADLEY AT PHONE NUMBER 305-292-3470 BRADLEY-
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BRIAN a-MON ROEC OU NTY-F L.GOV, MONROE COUNTY ATTORNEYI'S
OFFICE, 1111 12 TH STREET, SUITE 408, KEY WEST, FL 33040,
9. 'Hold Harmless: The Contractor covenants and agrees to indemnify and hold
harmless the County and the TUC from any and all claims for bodily injury (including
death), personal injury and property damage (including property owned by the County)
and any other losses, damages and expenses (including attorney's fees)which arise out
of, in connection with, or by reason of services provided by the Contractor or any of its
subcontractors, iin any tier, occasioned by the negligence, errors or other wrongful act of
omission of the Contractor or its subcontractors in any tier, their employees or agents.
10. Independent Contractor- At all times andl for all purposes under this Agreement
the Contractor is an independent contractor and not an employee of the County. No
statement contained in this Agreement shall be construed so as to find the Contractor or
any of his employees, contractors, servants or agents to be employees of the County.
11. 'Nondiscrimination: County and Contractor agree that there will be no
discrimination against any person:, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the, part of any party,
effective the date of the court order. County or Contractor agree to comply with all Federal
and Florida statutes, and all local ordinances, as, applicable, relating to nionid iscrim i nation.
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 amiended (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 19,70 (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 290,ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records,- 8)Title VI I I of the Civil
Rights Act of 1968 (42 'USC ss. 36011 et seq.), as amended, relating to nondiscrimination
in the sale, rental or financings of housing; 9) TheAmericans with Disabilities Act of 1990
(42 USC s. 12101 Nolte), as maybe amended from time to time, relating to
nondiscrimination on the basis, of disability 10) Monroe County Code Chapter 14, Article
li, 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.
12. Assignment/Subcontract: The Contractor shall not assign or subcontract its
oblliga,tionis under this Agreement, except in writing and with the prior written approval of
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the County and Contractor, which approval shall be subject to such conditions, and
provisions as the County may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee, or subcontractor shall
comply with all of the provisions of this Agreement.
13. Compliance with Law: In providing all services/goods pursuant to this Agreement,
the Contractor shall abide by all statutes, or6nances, rules and regulations pertaining to,
or regulating the provisions of, such services, iincluding those now in effect and
hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations
shall constitute a material breach of this Agreement and shall entitle the County to
terminate this Agreement immediately upon delivery of written notice of termination to the
Contractor. The Contractor shall possess, proper licenses to perform work in accordance
with these specifications throughout the term of this Agreement.
14. Disclosure and Conflict of Interest- The Contractor represents that it, its directors,
principles and employees, presently have no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services
required by this Agreemenit, as provided in Sect. 1112.311, et seq., Florida Statutes,
County agrees that officers and employees of the County recoginize and will be required
to comply with the standards of conduct for public officers and employees as delineated
in Section 112.313, Florida Statutes, regarding, but snot limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized comipensation;
misuse of public position, conflicting, employment or contractual relationship; and
disclosure or use of certain information,.
'Upon execution of this Agreement, and thereafter as changes may require, the
Contractor shall notify the County of any financial interest it may have iin any and all
programs in the County which the Contractor sponsors, endorses, recommends,
supervises or requires for counselinigi, assistance, evaluation,or treatment. This provision
shall apply whether or not such program is required by statute, as a condition of
probation, or is provided on a voluntary basis,
The, County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or Contractor, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift or other consideration, contingent upon
or resulting from the award or making of this, Agreement. For the breach or violation of
the provision, the Contractor agrees that the County shall have the right to terminate this
Agreement without liability and, at its, discretion, to offset from monies owed, or otherwise
recover the full amount of such fee, commission, percentage, gift or consideration.
15. Arrears.-. The Contractor shall not pledge the Couinty's credit or make it a guarantor
of payment or surety for any agreement, debt, obligation, judgment, lien or any form of
indebtedness. The Contractor, further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this Agreement,
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16. Notice Requirement- Any notice required or permitted under this Agreement shall
be in writing and hand delivered or mailed, postage prepaid, to the other party by certified
mail, return receipt requested, to the following:
FOR TDC: Stacey Mitchell and Maxine Pacini
Monroe County TDC
1 201 White Street#102
Key West, FL 33040
FOR COUNTY: Christine Limbert-Barrows,
Assistant County Attorney
PO Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR John Underwood and Dorn Martell
Tinsley Advertising and Marketing, Inc.
2000 South Dixie Highway
Suite 105B
Miami, FL 33133
17. Taxes: The County is exempt from payment of Florida State Sales and Use taxes.
The Contractor shall not be exempted by virtue of the County's exemption, from paying
sales tax to its suppliers for materials used to fulfill its obligations under this Agreement,
nor is the Contractor authorized to use the County's Tax Exemption Number in securing
such: materials. The Contractor shall be responsible for any and all taxes, or payments
of withholding, related to services rendered under this Agreement.
118. Termination:
a) The County may termiinate this Agreement for cause with seven (7) days' notice
to the Contractor. Cause shall constitute a breach of the obligations of the
Contractor to perform the services enumerated as the Contractor's obligations
under this Agreement,
b) Either of the parties hereto may terminate this Agreement without cause by giving
the other party one hundred and twenty (120) days written notice of its intention to
do so.
c) For Contracts of any amount, if the County determines that the Contractor has
submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged
in a boycott of Israel, the County shall have the option of (1) terminating the
Agreement after it has given the Contractor/ written notice and an opportunity to
demonstrate the County's determination of false certification was in error pursuant
to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
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d) For Contracts of $11,0i00,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5),
Florida Statutes, or if the Contractor has been placed on the Scrutinized
Companies with Activities in the Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or been engaged in business
operations in, Cuba or Syria, the County shall have the option of (1) termiinating
the Agreement after it has, given the Contractor written notice and an opportunity
to demionstrate the County's determination of false certification was in error
pursuant to Section 287.135(5)(a), Florida Statutes, or (2), maintaining! the
Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.
19. Governinin Law, Venue, Interpretation, Costs and Fees:
a) This Agreement shall be governed by and construed in accordance with! the laws
of the State of Florida applicable to agreements made and to be performed e!ntirelly
in the State.
b) In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of this Agreement, the County and Contractor
agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
c) The County and Contractor agree that, in the event of conflicting interpretations of
the terms or a term, of this Agreement by or between any of them, the issue shall
be submitted to mediation prior to the institution,of any other administrative or legal
proceeding.
d) Severability. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of
this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of
the original intent of this Agreement. The County and Contractor agree to reform
the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
e) Attorney's Fees and Costs. The County and Contractor agree that in the event
ainy cause of action or administrative proceeding is, initiated or defended by any
party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, court costs, investigative and
out-of-pocket expenses, as aiin award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative and out-of-pocket expenses in
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appellate proceedings. Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with the Florida Rules of Civil Procedure
and usual and customary procedures required by the circuit court of Monroe
County.
f) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by Meet and Confer
Sessions between representatives of each of the parties. If the issue or issues
are still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this, Agreement or by
Florida law.
gi) Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance or breach of
this Agreement, County and Contractor agree to participate, to the extent required
by the other party, in, all proceedings, hearings, processes, imeetings and other
activities related to the substance of this Agreemient or provision of the services
under this Agreement. County and Contractor specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
20. 'Binding Effect: The terms, covenants, conditions and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representat�ives, successors and assigns.
21, Authority: Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been dully authorized by all necessary
County and corporate action, as required by law.
22. Claims for Federal or State Aid, Contractor and County agree that each shall be,
and is, empowered to apply for, seek and obtain Federal and State funds to further the
purpose of this Agreement; provided that all applications, irequests, grant proposals and
funding solicitations are not for funding already provided under this Agreement.
23. Priv,il,gges, and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances and rules, and pensions and relief, disability,, workers'
compensation and other benefits which apply to the activity of officers, agents or
employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to, the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers or employees outside the territorial limits of the County.
24. Legal Obligations and Responsibilities; Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving
any participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by any participating
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entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this, Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the County, except
to the extent permitted by the Florida constitution, state statute and case law.
2,5. Non,-Reliance by Non-Parties: No person or entity shall be entitled to rely upon
the termis, 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 County nor the Contractor or
any agent, officer or employee of either shall have the authority to inform, counsel or
otherwise indlicate 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.
26. Attestations; Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement and
a Drug-Free Workplace Statement.
27. 'No Personal Liability- No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of the
County in his or her individual capacity, and no member, officer, agent or employee of
the 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.
28. Insurance: The Contractor shall maintain the following required insurance
throughout the entire term of this Agreement and any extensions. Failure to comply with
this, provision may result in the iimmediate suspension of all work until the required
insurance has been reinstated or replaced. Delays iin the completion of work resuiltingi
from the failure of the Contractor to maintain the required insurance shall not extend any
deadlines specified in this Agreement and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for
Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
OR
• A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Agreement. All Insurance policies must specify that
they have a thiirty (30) day notice of cancellation, non-renewal, material change in policy
language or reduction in coverage. The acceptance andl/or approval of the Contractor's
insurance shall not be construed as relieving the Contractor from any liability or obligation
assumed under thus Agreement or imposed by law. The Monroe County BOCC, its
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employees and official's shall be inclluded as an "Additional Insured" on all insurance
policies, except for Workers' Compensation, as their interests may appear in all policies
issued to satisfy these requirements.
Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance Requirements".
Any deviation must be approved in writing by Monroe County Risk Management.
a) Prior to the commencement of work governed by this Agreement, the Contractor
shall obtain Workers' Compensation Insurance with limits sufficient to comiply with
Florida Statute 440. In addition, the Contractor 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 this Agreement.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida and the comipany or companies must maintain a
minimum rating of A-V1, as assigned by the A.M. Best Comipaniy,
b) Prior to the commencement of work governed by this Agreement, the Contractor
shall obtain General Liability Insurance. Coverage shall be maintained throughout
the life of the Agreement and include, as a minimum:
Premises Operations
• Products, and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 per Occurrence and $1,000,000 Aggregate
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,0010 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should incllude coverage for claims filed on or after the
effective date of this Agreement. In addition, the period for which claims may be
reported should extend for a iminim,um of twelve (12,) months following the
acceptance of work by the County.
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c) Recognizing that the work governed by this Agreement involves the furnishing of
advice or services of a professional nature, the Contractor shall purchase and
maintain, throughout the life of the Agreement, Professional Liability Insurance,
which will respond to damages resulting from any claim arising out of the
performance of professional services or any error or omission of the Contractor
arising out of work governed by this Agreement.
The minimum limits of liability shall be: $300,000 per Occurrence/$500,000
Aggregate.
d), Advertising Professional Liability Insurance with minimum limits of$1,000,000 per
Occurrence and $2,,000,000 aggregate.
The BOCC shall be named as Additional Insured as their interests may appear on
all insurance policies issued to satisfy the above requirements.
29, incontrollable Circumstances: Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure
was caused directly by an event beyond such Party's control, without such Party's fault
or negligence and that by its nature could not have been foreseen by such Party or, if it
could have been foreseen, was unavoidable: (a) acts of God-, (b) flood, fire, earthquake,
explosion, tropical storm, hurricane or other declared emergency in the geographic area
of the Scope of Services-, (c) war, invasion, hostilities (whether war is declared or not),
terrorist threats or acts, riot, or other civil unrest in the geographic area of the Scope of
Services-, (d) government order or law in the geographic area of the Scope of Services;
(e) actions, embargoes, or blockades in effect on or after the date of this Agreement-, (f)
action by any governmental authority prohibiting work iin the geographic area of the Scope
of Services ("each, an "Uncontrollable Circumstance"). Contractor's financial inability to
perform, changes in cost or availability of materials, components, or services, market
conditions, or supplier actions or contract disputes will not excuse performance by
Contractor under this Section. Contractor shall give County written notice within seven (7)
days of any event or circumstance that is reasonably likely to result in an Uncontrollablie
Circumstance, and the anticipated duration of such Uncontrollable Circumstance,
Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure
that the effects of any Uncontrollable Circumstance are minimized and resume full
performance under this Agreement. The County will not pay additional cost as a result of
an Uncontrollable Circumstance and it is understood that reduced funding County funding
that is caused by a Uncontrollable Circumstance will excuse the County's performance
and obligation to pay under this Agreement.
30. 'E-Verify: Effective January 1, 2021: In accordance with IF.S. 448.095, Contractor
shall utilize the U.S. Department of Homeland Security's E-Veriify system to verify the
employment eligibility of al'il new employees hired by the Contractor during the term of the
Contract and shalill expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Advertising Agreement FY 2022
I'D#2609
18
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Security's E-Verify systerni to verify the emiployment eligibility of all new employees hired
by the subcontractor during the Contract term.
31. 'Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together
shall constitute one, and the same instrument and any of the parties hereto may execute
this Agreement by signing any such counterpart.
32. 'Section Headings: Section headings have been inserted in this Agreement as a
matter of convenience of reference onlly, and it is agreed that such section headings are
not a part of this, Agreement and will not be used in the interpretation of any provision of
this Agreement.
Advertising Agreement FY 2022
IN 2609
19
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IT MESS WHEREOF, the parties hereto have caused this Agreement to be
the day and year first above written.
too
(SEAL) ward of County Commissioners
test: Kevin Madok, Clerk of Monroe Co -�--�-.
Deputy Clerk . [,�� Mayor/Cha maru
(To be filled out by Contractor)
Tinsley Ades ing nd etin nca
i wj
By
C7iieE ecu�dve fficer �+
Print Name �a�e
AND TWO,WITNESSES
(2)
Print Narne Print Name
Date: 0 , 2 Date: ' l
MtONRUIE COUNTY ATTORNEY
°' '1.m G r+!dyl.�__.�',.�—.•Jr' r@AID"fLD
CHUSTINE UM3rR:T4AK 0WS
ASSISTANT"CULNT ATMRNf:Y'
Adverts""sung Agreement FY 2022
1'D#2609
20
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LO
IExhibit A
CRISIS MANAGEMENT PLAN
In an effort to provide uninterrupted service to The Florida Keys & Key West (the "Florida
Keys") during a hurricane emergency or other catastrophic event, the Contractor has
established a standard plan of action,.
The Contractor has identified various hurricane scenarios that left unchecked, could affect
the Contractor's service capability to the County. Therefore, to ensure continuity, the
Contractor has iinstituted a phased plan to provide for any storm contingency. Although
hurricane focused, this protocol may be applied to other emergencies whereby
communications to the Florida Keys are cut off or regional busiiness is suspended.
The following outlines different situations and reviews the response for each. This
preparedness plan begiins before each hurricane season with the Contractor's standard
digital assets protocol,
1. TEAM! REVIEW
The Florida Keys, emergency team is comprised of the following staff members:
CEO
CCO
Director of Information Services
Senior Account Executive
Media Director
Associate Media Director
Associate Creative Director, Sr. Art Director
Associate Creative Director, Sr. Copywriter
This team reviews possible scenarios each season and is emipowered to manage
hurricane communications per Agreement between MCTDC and the Contractor. The
team is ready to respond to category 1 through 5 storms and has set procedures for when
a hurricane "watch", "warning" and "all clear" is issued by the National Hurricane Center
as outlined below.
11. DIGITAL ASSET MANAGEMENT
Any file saved to the secure Contractor's server is continuously backed-up to a live Cloud
storage service with redundant locations in the western United States. Most data is also
backed up to the Google Cloud daily. As an added precaution, there are redundant hard
drive copies of our precious Keys image library safe and sound with at least six (6)
different employees at six (6) independent locations at all times.
Advertising Agreement FY 2022
1D#2609
21
L0
111. VIDEO ASSET POLICY
The raw video files are copied to backup hard drives and a server array as soon as they
arrive from a shoot. These files are continuously backed up to a live Cloud storage service
that has redundant locations in the western United States,.
IV. HURRICANE SCENARIOS
The following are the procedures the Contractor will follow based on the actual severity
of the crisis.
1. The hurricane completely bypasses the destination and therefore has no affect in
maintaining business as usual:
ACTION: There was no evacuation and no need for emergency advertising.
2. A Hurricane bypasses the Florida Keys but due to news coverage there acre
miisconceptionis of actual damage, to the Florida Keys and many reservations are
canceled (i.e. Hurricane Michelle):
ACTION. An advertising campaigin must be iin place to inform tourists that it's okay
to continue their vacation plans.
3. A hurricane bypasses the destination, but tourists have been evacuated (i.e.
Hurricane Ivan):
ACTION: An emergency advertising plan is immediately put in place to inform
tourists that it is safe to return to the Florida Keys within twenty-four (24) hours of
the, passing storm.
4. A hurricane bypasses the destination, tourists have been evacuated, and the
hurricane has yet to strike another part of the United States (ii.e. Hurricane Katrina):
ACTION: An emergency advertising plan is immediately put in place to inform
tourists that it is safe to return to the Florida Keys, but advertisements are created
with sensitivity toward the hurricane's, impact on others.
5. A hurricane causes damage to part of the Florida Keys but the rest is open for
business. (i.e. Hurricane Georges and Hurricane Irma):
ACTION: An emergency advertising plan is activated to save events and
reservations in the areas of the Florida Keys that were not affected by the storm.
6. A hurricane renders the destination inaccessible, or unable to deliver the expected
experience for some period of time (i.e. Hurricane Andrew):
Advertising Agreement FY 2022
1D#21609
22
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ACTIOM All media is canceled (Contractor places a "hurricane clause" on all
media orders that allows the Contractor to cancell at no charge). Situation is,
evaluated and advertising resumes when the County re-lopenis.
Advertising Agreement FY 2022
0#2609
23
F.
00
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INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS OR BIDS FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will be
required in the, event an awa:rd is made to your firm. Please review this form with your insurance agent
and have him/her sign it in the place provided. It is also required that the bidder sign requisite form
reflecting coverage and submit it with the proposal,
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
Workers' Statutory Limits,
x Compensation
Bodily Injury by Accident/Bodily Injury by Disease, Policy
Limits/Bodily Injury by Disease each employee
WC1 Employers Liability $100,000/$500,000/$100,000
WC2 Employers Liability $500,000/$500,0010,/`.,,',a500,000
WC 3 Employers Liability $1,000,000/$1,000,000,'$1,000,000
US Longshoremen &
WCUSLH Harbor Workers Act $1,000,000
WCJA Federal Jones Act $1,000,000
LO
n—
GENERAL LIABILITY
AsamVni mum,the required general |�abi|itV coverages vviNinclude:
� PremiseC)peratiom 0 Products and Completed Operations
� Blanket Contractual 0 Personal Injury
ReqmiredLimits�
GL1 $300,000[omhimwd Sing|c Limit
GI-2 $SOQ'0OU Combined Single Limit
6L3 $1,000'000Cumbined Single Limit
5L4 $7'0O0^OUO Combined Single Limit
GI-5 $3'O00'OOU Combined Single Limit
GI-6 $4,QOO^QO0 Combined Shn0|e Limit
GL7 $5,DQQ,QOO Combined S�ng|e Limit
Required Endorsements:
GLLIC\ Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy,
BUSINESS AUTOMOBILE LIABILITY
As minimurn,coverage should extend to liability for:
^ Owned; Non-Owned and Hired Vehicles
Re4u�redLimi1s:
$50,QO0 per Persom$10lOOO per Occurrence
$2S,8OO Property Damage
Or
$10O,000Curnb�ned Single Limit
(The use ofVU mhow|d be limited to special projects that involve other
governmental entities or "Not for Profit"'organizations, Risk Management
VL1 nmustmpprmve the use mf this form).
$200,006 per Person; $300^000 per Occurrence
$Z00,000 Property Damage
or
YL2 $300,000 Combined Single Limit
$500,000 per Person; $1,000,800 per Occurrence
$1Q0,008 Property Damage
or
VL3 $1,000,000Cmmbined Sin& Limit
VL4 $5,000,0010 Combined Single Limit
Misc0aneous Coverage
Limits e4ua� to the
Full Replacement Value of the completed
BR1 Builders Kiisk project.
'CL| [yberLiabifty $1,000,000
Limits equal tothe maximum value wf any one
MV[ Motor Truck Cargo shipment
PRO Professional Liability �3Q0,Q0U per Occurrence/$ 5O0,O@O 4gg.
-----PR02 $500,000 per[}ccurrence/$LOOO,OD0 Ag8.
PK03 ----- $1,000,000 per Occurrence A@g.
P0L1 Pollution Liability $ 5OO'000 per{]ccurremc�/$(.QQO,OU0 Agg,
P0L2 ----- $1'000'000 per C}ccurrence/�2,UO0,0O0Agg.
POL3 ----- 53'O0O,00O per(Jccmrrence/$6,QO0,OOOA8g.
----- 00QG0Dper0ccurrence/�1O0UU'000A0�
pOL� �S' " ~ .
E0t Employee Dishmmesty $ 1U'DU8
----'E02 $100'000
5K1 Garage Keepers $ 300,000 ($25,0DO per Vehicle)
------GK2 $ 500'000($I010'000 per Vehicle)
GN3 $1,OOO'OQO ($Z5O,O0O per Vehicle)
___
wm ME01 Medial Professional $300,000/$750,000AQg.
MED2 $500,080/$1^000,000A88.
ME03 ----- $I,000,00033,800,800Agg.
&4ED4 $5,000,008/$10,000,000 AK0,
IF Installation Floater Maximus value of Equipment Installed
VLPl Hazardous Cargo Transporter $30O,0OQ (Requires M[S-9O}
VLP2 $5OQ,OOO (Requires &8CS'9D)
VLP3 $1,000,000 (Re4uiresMCS-9O)
Maximum Value of County Property that will be
BILL Bailee Uob. in the @ai|ee^s possession
HKLI Hanger Keepers Liability $300,000
HKL2 $5OO^0010
HKL3 $1^000'000
HKL4 $5.000'000
A|R1 Aircraft Lia6i|i\y $1^000'000
A|R2 $5,000,000
A|R3 $50,000,000
AE01 Architects Errors&Omissions $25U,OO8 per Occurrence/$5OO,000Agg
AE02 $5OO,O00 per Occurrenue/$1,000,000AgA
AE03 $1,0OO,QQ0 per Occurremoe/$3,OOO,0O0Agg.
AE84 $3O[\OQD,0OO per Occurrence/$S'0OD'8OQA8g.
ARP All Risk Property Full Replacement Value ofStructure
E8] Em8[meers Errors &0miss�ums $2SQ^U8D per 0ccurrenoe/$5OO,OOUAgg.
E02 bSn0`()00 per Occurrence Sl,OVV.0VV Agg
E02 5 1.000.000 per Occurrence S2,80V,000 Agg
E04 8 5,000,000 per Occurrence Sl0,0o0,V0O /\gil,
VVL1 Water[raft Liability S580,080pur0cCnrrcnce
VV[Z S1,0010,000per0ccmoeucc
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NOTICE $ RE UE I 'R COMPETITIVESOLICITATION,
NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that no later than 3:00 P.M. on
Thursday, January 9, 2025 the Monroe County Purchasing Office will receive sealed proposals for the
following:
frolessio:tal Advertising Agency Services ror moltroe Coti lity Toti rist Mvcloll III.Cut Co ti llcil
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed
at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal
notices. Requirements for submission and the selection criteria may be requested from the County's
electronic bidding platform at his://monroecouniy-fl.bonfirehub.com OR www.monroecounty�
Nzov/BonfireBids. The Public Record is available upon request.
Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform.
Please do not e m a i I, mail or attempt to deliver in person any sealed bids. Emailed/mailed/physically
delivered bids/proposals/responses WILL NOT be accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted via the Bonfire
electronic bidding platform at his://monroecouniy-fl.bonfirehub.com, no later than 3:OOP.M. on
Thursday, January 9, 2025. There is no cost to the bidder to use the Bonfire platform.
Please do not submit your confidential financial information as part of your proposal. There are
separate uploads for each set of documents, including confidential financial information. All proposals
will be made public on the platform after an intended decision or 30 days,whichever is earlier,unless the
bids/proposals are rejected in accordance with F.S. 119.071. If your proposal document includes financial
information,that information will not be considered confidential and will be available and viewable to the
public in accordance with public records law. In the event of a discrepancy between the bid amount on
the Proposal Form and the bid amount entered in Bonfire, the bid amount listed in the "Proposal Form"
provided by Monroe County in the RFP is the amount that will be utilized by the County when considering
the bid proposal. The County reserves the right to waive any proposal/bid irregularity.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on Thursday,
January 9,2025. You may call in by phone or internet using the following:
Join Zoom Meeting
https///mcbocc.zoom.us/i/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„45093261564 US (New York)
+16699006833„45093261564 US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication Dates
Keys Citizen: Thur., 11/30/24
Keys Weekly: Thur., 11/28/24
News Barometer: Fri., 11/29/24
Competitive Solicitation for Professional Advertising Agency Services-2024
1 1967
..N BOARD OF 111 I
COMMISSIONEIIS
11EQUES"I I" F0111 COMPE"I I I I 1111"IVE
1 °...I'
1
J I I
N . E COU ,..l l D ."
Diane Schmidt, Chairperson
George Fernandez, Vice Chairperson/Co-Treasurer
Mayor DeeDee Henriquez, Co-Treasurer
Mayor Holly Raschein
Mayor Robyn Still
Timothy Root
Bobby Mongelli
Peg Laron
Patti Stanley
President & CEO of Visit Florida Keys (VFK)
Kara Franker
Vice President of Marketing & Communications
Heidi Barfels
All responses sijbmltted to, this solicitation slim ld be sijbmitted via the Bonfire
electronic, bidding platform at httr)s://monroecountv-fl.bonfirehub.co
r T d lil at:
Attention: REQUEST FOR COMPETITIVE SOLICITATION: Professional
Advertising Agency Services fox Monroe Cowity 1."mirist Itevelopment Comicil
I)etailed instructions can be found In Section One of the Regtiest for
Competitive Solicitation.
Competitive Solicitation for Professional Advertising Agency Services-2024
2 1968
TABLE
Page
Instruction to Proposers 4
SECTI _ 1S 1. _ -
General Terms and Conditions 17
SE " 1T _ N 1"11I E
Terms and Conditions Specific to:
Professional Advertising Agency Services 20
SECTION FOUIZ
Draft Agreement 22
SECTION FIVE
Insurance Requirements and
Response Forms Required By Monroe County, Florida 42
Competitive Solicitation for Professional Advertising Agency Services-2024
3 1969
SECTION ONE
INSTRUCTION TO PROPOSERS
All respondents must use the current Competitive Solicitation Documents downloaded from
the website https://monroecounty-fl.bonfirehub.com. Use of any other document may result
in your submission being rejected at the sole discretion of the County.
1.01 DESCRIPTION
The Proposer awarded an Agreement shall provide Advertising Services for the Monroe
County Tourist Development Council(TDC). The Agreement will provide for the Advertising
Agency to act as a Provider to the TDC that shall provide services as outlined within
Specifications in Section Three of this Competitive Solicitation.
1.02 COPIES OF DOCUMENTS
A. Only complete sets of Competitive Solicitation Documents will be issued and shall
be used in preparing responses. The County does not assume any responsibility for
errors or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of Documents may be obtained in the manner and at the location stated
in the Notice of Request for Competitive Solicitations.
1.03 RESPONSE REQUIREMENTS
The Monroe County Purchasing Department receives bids via the Bonfire electronic
bidding platform. Please do not mail or attempt to deliver in person any sealed bids.
Emailed/Mailed/physically delivered bids/proposals/responses WILL NOT be
accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted
via the Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com,
no later than 3:OOP.M., on January 9, 2025.
There is no cost to the bidder to use the Bonfire Platform.
Please do not submit your confidential financial information as part of your proposal.
There are separate uploads for each set of documents, including confidential financial
information. All proposals will be made public on the platform after an intended decision or
30 days, whichever is earlier, unless the bids/proposals are rejected in accordance with F.S.
119.071. If your proposal document includes financial information, that information will not
be considered confidential and will be available and viewable to the public in accordance with
public records law. In the event of a discrepancy between the bid amount on the Proposal
Form and the bid amount entered in Bonfire, the bid amount listed in the "Proposal Form"
Competitive Solicitation for Professional Advertising Agency Services—2024
4
1970
provided by Monroe County in the RFP is the amount that will be utilized by the County when
considering the bid proposal. The County reserves the right to waive any proposal/bid
irregularity.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M.,
on Thursday, January 9, 2025. You may call in by phone or internet using the following:
Join Zoom Meeting
https:Hmcbocc.zoom.us/i/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„45093261564 US (New York)
+16699006833„4509326156#US (San Jose)
Dial by your location:
+l 646 518 9805 US (New York)
+l 669 900 6833 US (San Jose)
1.04 DISQUALIFICATION OF PROPOSERS
A. NON-COLLUSION AFFIDAVIT: Any person submitting a Proposal in response to
this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Proposers,the Proposal of all participants
in such collusion shall be rejected, and no participants in such collusion will be
considered in future Proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit
a Proposal on an agreement to provide any goods or services to a public entity, may
not submit a Proposal on an agreement with a public entity for the construction or
repair of a public building or public work, may not submit Proposals on leases or
perform work as a contractor, supplier, subcontractor or consultant under an
agreement with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for Category Two for a period of 36 months from the date of being placed
on the convicted vendor list.
C. DRUG-FREE WORKPLACE FORM: Any person submitting a Proposal in response
to this competitive solicitation must execute the enclosed DRUG-FREE
WORKPLACE FORM and submit it with the Proposal. Failure to complete this form
in every detail and submit it with your Proposal may result in immediate
disqualification of your Proposal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT:
Any proposal submitted a Proposal in response to this invitation to this competitive
Competitive Solicitation for Professional Advertising Agency Services—2024
5
1971
solicitation must execute the enclosed LOBBYING AND CONFLICT OF
INTEREST CLAUSE SWORN STATEMENT and submit it with the Proposal.
Failure to complete this form in every detail and submit it with your Proposal may
result in immediate disqualification of your Proposal.
E. PROPOSALS RECEIVED AFTER DEADLINE: Any Proposal submitted after the
Request for Competitive Solicitation deadline of 3:00 P.M. on January 9,2025 will
automatically be disqualified.
F. LOCAL PREFERENCE FORM: Proposer claiming a local preference must
complete the enclosed Local Preference Form. Agencies may hire a 3rd parry
company located in Monroe County to partner on scope of work services to qualify
for local preference.
G. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES
LISTS: Section 287.135, Florida Statutes prohibits a company from bidding on,
submitting a proposal for,or entering into or renewing a contract for goods or services
of any amount if, at the time of contracting or renewal, the company is on the
Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135,
Florida Statutes, also prohibits a company from bidding on, submitting a proposal
for, or entering into or renewing a contract for goods or services of $1,000,000 or
more, that are on either the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists
which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business
operations in Cuba or Syria.
H. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR
SERVICES: Any Proposal submitted must include the enclosed Affidavit Attesting
to Noncoercive Conduct for Labor or Services pursuant to F.S. 787.06(2)(a)
1.05 EXAMINATION OF REQUEST FOR COMPETITIVE SOLICITATION
DOCUMENTS
A. Each Proposer shall carefully examine the Request for Competitive Solicitation and
other Agreement documents and inform himself thoroughly regarding any and all
conditions and requirements that may in any manner affect cost, progress or
performance of the work to be performed under the Agreement. Ignorance on the
part of the Proposer will in no way relieve him of the obligations and responsibilities
assumed under the Agreement.
B. Should a Proposer find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify
the County.
Competitive Solicitation for Professional Advertising Agency Services—2024
6
1972
1.06 INTERPRETATIONS, CLARIFICATIONS AND ADDENDA
No oral interpretations will be made to any Proposer as to the meaning of the Agreement
documents. Any inquiry or request for interpretation received seven(7) or more business days
prior to the date fixed for opening of responses will be answered. Written questions should
be emailed to adminasst@fla-keys.com. Any interpretation, correction or change of the
Bidding Documents will be accomplished by Addenda and if issued will be posted on Bonfire
and a notification will be furnished by Bonfire to all known prospective bidders listed as
planholders prior to the established opening date. Copies of Addenda will also be made
available for inspection wherever Bidding Documents are on file for that purpose.
Interpretations, corrections, or changes of the Bidding Documents made in any other manner
will not be binding and Bidders shall not rely upon such interpretations and changes. Oral and
other interpretations or clarifications will be without legal effect. Each Proposer shall
acknowledge receipt of such addenda in the space provided in the response form attached to
the Proposal document. In case any Proposer fails to acknowledge receipt of such addenda or
addendum, his response will nevertheless be construed as though it had been received and
acknowledged and the submission of his response will constitute acknowledgment of the
receipt of same. All addenda are a part of the Proposal documents and each Proposer will be
bound by such addenda, whether or not received by him. It is the responsibility of each
Proposer to verify that he has received all addenda issued before responses are opened.
All Proposals received will be reviewed by the Selection Committee.The Selection Committee
will recommend a list of finalists to make an oral/visual presentation. If requested, the
presentation will be made to the Selection Committee during a Zoom meeting on a date in the
week of January 21-24,2025. Finalists will be informed of the exact time of the presentation.
No contact regarding this Request for Competitive Solicitation will be allowed between
the applicant and individual members of the Selection Committee or the TDC Board. The
Selection Committee will be comprised of one (1) TDC Board member, one (1) Visit
Florida Keys staff member and one (1) member of the community. The applicant shall
not lobby, solicit or act to influence the TDC Board or any members of the selection
committee in any way that may have an effect on the outcome of the competition,
discussion or negotiations leading to the award of an Agreement.
1.07 GOVERNING LAWS AND REGULATIONS
The Proposer is required to be familiar with and shall be responsible for complying
with all federal, state and local laws, ordinances, rules and regulations that in any
manner affect the work. Knowledge of occupational license requirements and obtaining
such licenses for Monroe County and municipalities within Monroe County are the
responsibility of the Proposer.
Competitive Solicitation for Professional Advertising Agency Services—2024
7
1973
1.08 PREPARATION OF RESPONSES
Signature of the Proposer: The Proposer must sign the response forms in the space provided
for the signature. If the Proposer is an individual, the words "doing business as
" or "Sole Owner" must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the Agency name and the
words"Member of the Agency" should be written beneath such signature. If the Proposer is a
corporation, the title of the officer signing the Proposal on behalf of the corporation must be
stated along with the Corporation Seal Stamp and evidence of his authority to sign the Proposal
must be submitted. The Proposer shall state in the response the name and address of each
person interested therein.
1.08.1 SUBMISSION OF RESPONSES
A. Responses shall be submitted as indicated in the Notice of Competitive
Solicitation. Please do not mail, email or attempt to deliver in person any sealed
bids/proposals. Emailed or mailed/physically delivered bids/proposals/responses WILL
NOT be accepted. Please be advised that it is the respondent's sole responsibility to
ensure the timely delivery of their bid/proposal via upload to Bonfire. Bonfire will not
allow any Proposals to be uploaded after the time and date for receipt of Proposals.
Proposals received after the time and date for receipt of Proposals will not be considered.
B. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M.,
on Thursday, January 9,2025. You may call in by phone or internet using the
following:
Join Zoom Meeting
Mlles:Hmcbocc.zoom.us/i/4509326156
Meeting ID: 450 932 6156
One tap mobile
+16465189805„45093261564 US (New York)
+16699006833„45093261564 US (San Jose)
Dial by your location
+l 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
C. A public notice will be issued regarding the Selection Committee meeting and how to
attend that meeting virtually.
D. Emailed/mailed/faxed proposals shall be automatically rejected. It is the sole
responsibility of each Respondent to ensure its proposal is timely received.
Competitive Solicitation for Professional Advertising Agency Services—2024
1974
E. Each Proposer shall submit with their Proposal the required evidence of their
qualifications and experience.
F. Finalists will be notified in writing after the Selection Committee reviews and selects
finalists to make presentations during the week of January 21-24, 2025 via Zoom.
Thereafter, the recommendation of the Selection Committee will be made to the TDC
Board and will be submitted to the Board of County Commissioners. No contact
regarding this Request for Competitive Solicitation will be allowed between the
applicant and the TDC Board or the Selection Committee.
1.09 DETERMINATION OF SUCCESSFUL PROPOSER
Award shall be made to the responsible Proposer whose proposal is determined to be the most
advantageous to the TDC and County,taking into consideration the evaluation criteria set forth
below:
EVALUATION CRITERIA FORM
ADVERTISING AGENCY SERVICES
Total points earned are on a scale of 1 — 100 points (1 = lowest 100 = highest
105 if Local Preference is met)
1. Ability of Professional Agency Personnel: 10 points
(a) Describe the qualifications and relevant experience
of the Account Manager and all key staff that are
intended to be assigned to this project. Include
resumes for the Account Manager and all key staff
described. Include the qualifications and relevant
experience of all subconsultants' key staff to be
assigned to this project.
(b) Include specific qualifications and experience as it
relates to marketing of a tourism agency.
(c) Provide an Organization Chart that demonstrates
how the account will be managed.
(d) Provide a description for how the Proposer can tap
into additional resources or reassign staff not
assigned to the TDC's account to assist with large-
scale projects or replace under-performing staff on
the project.
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1975
2. Project Approach: Scope of Work Management 15 points
(a) Describe the Proposer's methodology and approach
to the scope of work (i.e. message platform, channel
strategy, integration, etc.).
(a) Provide description of the Proposer's organization's
services and specific account processes (e.g.
Complete monthly billing with all appropriate back-
up documents, including detailed time sheets, media
proof of performance and detailed invoices, original
line-item receipts, and comprehensive billing recap
including projections through end of the fiscal
year.)
(b) Indicate the Proposer's specific expertise in
integrated marketing communications.
(c) Indicate the Proposer's specific expertise in
handling multiple campaigns for stakeholders in the
destination.
3. Project Approach: Account Management 15 points
(a) Describe the Proposer's approach for handling
account management of advertising and marketing
plans including creative production, digital
production, media placements, social media and
SEM. Describe how management of these items
will be guided by business intelligence.
(b) Indicate research, overall business intelligence, and
tourism industry knowledge specific to Destination
Marketing Organizations (DMOs) or a tourism
product. Describe resources the Proposer will use to
provide analytics to the TDC and provide examples
of how these details will be used to make research-
driven decisions.
4. Project Approach: Media Planning and Buying 5 points
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1976
(a) Describe and provide examples of how the Proposer
would handle industry co-op advertising
opportunities.
(b) Describe and provide examples of how the Proposer
would leverage media buys and sponsorships.
5. Past Performance: Evidence, Knowledge, and 20 points
Experience
(a) Describe Proposer's experience on projects of
similar nature, scope and duration, along with a
description of satisfactory completion, both on time
and within budget, for the past five (5) years.
(b) Provide a minimum of three (3) projects with
references.
6. Past Performance: Transparency & Integrity 10 points
(a) Describe how the Proposer communicates with
clients and values integrity, transparency and
honesty.
7. Financial Ability to Provide Services 20 points
(a) Submit most recent two years of financial
statements for review. The financial statements are
not required to be audited financial statements. The
annual financial statements shall be in the form of:
i. Balance sheets, income statements and annual
reports; or ii. Tax returns; or iii. SEC filings. If tax
returns are submitted, ensure it does not include any
personal information (as defined under Section
501.171, Florida Statutes), such as social security
numbers, bank account or credit card numbers, or
any personal pin numbers. If any personal
information data is part of financial statements,
redact information prior to submitting a response.
(b) A statement regarding the Proposer's ability to respond
to government purchase orders.
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1977
(c) A statement outlining the procedures that will be used
to issue invoices in the billing of services for the TDC.
(d) Include Proposer's Monthly Fee & Hourly Rate Card
8. Conduct Business in Florida & Monroe County + 5 points
Local Preference
(a) Proposer must have the authority to transact
business in the State of Florida and be in good
standing with the Florida Secretary of State. For
further information, contact the Florida Department
of State, Division of Corporations.
(b) Provide information about the location of the
Proposer's office in proximity to Monroe County.
(c) Describe how the Proposer meets the Local 5 points-Local
Preference standard. Agencies may hire a third-parry preference(must
company located in Monroe County to partner on meet
scope of work services to qualify for local preference. requirements as
specified in the
local preference
form
9. Completion of Additional Information and 0 points
Certifications Pass or Fail
All required
Proposers are required to submit detailed information on Forms must be
their firm and certify to the below requirements. Failure to attached.
submit the following forms and information may result
in disqualification.
(a) Response Form
(b) Ethics Clause
(c) Non-Collusion Affidavit
(d) Drug-Free Workplace Certification
(e) Public Entities Crimes Statement
(f) Local Preference Form
(g) Vendor Certification Regarding Scrutinized
Companies List
(h) Affidavit Attesting to Noncoercive Conduct for
Labor or Services
(i) Proof of Insurance Requirements
Litigation Check-List
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1978
(k) Proposer's Monthly Fee & Hourly Rate Card
1.10 CONTENT OF SUBMISSION
The proposal submitted in response to this Request for Competitive Solicitation shall be in
PDF format; shall be clear and concise and provide the information requested herein.
Responses shall be organized, and sections noted at top of page. Since oral presentations or
demonstrations may not be solicited, the Proposer should not withhold any information from
the written response. Each Proposer must submit adequate documentation to certify the
Proposer's compliance with the County's requirements. Proposer should focus specifically on
the information requested. Additional information, unless specifically relevant, may distract
rather than add to the Proposer's overall evaluation.
A. COVER PAGE
A cover page that states "REQUEST FOR COMPETITIVE SOLICITATION-
Professional Advertising Agency Services for Monroe County Tourist Development
Council." The cover page should contain name, address, telephone number of
Proposer, and the name of the Proposer's contact individual or corporate officer
authorized to execute agreements. Proposers may bid for any of the following: 1)
Scope of Services, 2) Scope of Services and any Optional Services, or 3) any
individual Optional Services. They should clearly state which services are included
in their proposal on their cover page.
B. SECTIONS
Each section should be formatted in the order of the Evaluation Form provided.
1.11 MODIFICATION OF RESPONSES
Written modification will be accepted from Respondents if modified by removing the
existing proposal/response from Bonfire and uploading a new complete proposal.
Modifications submitted in any other way will not be considered.
1.12 RESPONSIBILITY FOR RESPONSE
The Proposer is solely responsible for all costs of preparing and submitting the response,
regardless of whether an Agreement award is made by the County.
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1979
1.13 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and read
aloud at the appointed time and place stated in the Notice of Request for Competitive
Solicitations. Monroe County's representative authorized to open the responses will decide
when the specified time has arrived, and no responses received thereafter will be considered.
No responsibility will be attached to anyone for the premature opening of a response not
properly addressed and identified. Proposer or their authorized agents are invited to be present.
1.14 DETERMINATION OF SUCCESSFUL PROPOSER
Following the receipt of responses, the Selection Committee will meet in a publicly noticed
meeting and evaluate the responses based on the criteria and point total above. The County
reserves the right to reject any and all responses and to waive technical errors and irregularities
as may be deemed best for the interests of the County. Responses that are incomplete,
unbalanced, conditional, obscure or which contain additions not requested or irregularities of
any kind, or which do not comply in every respect with the instruction to Proposers and the
Agreement documents, may be rejected at the option of the County.
1.15 AWARD OF AGREEMENT
a) If the award of an Agreement is annulled,the County may award the Agreement
to another Proposer or the work may be re-advertised or may be performed by
other qualified personnel as the County decides.
b) An Agreement will be awarded to the highest ranked Proposer deemed to
provide the services which are in the best interest of the County.
c) The County reserves the right to award multiple contracts or separate contracts
for portions of the work, waive any irregularity in any response, or to re-
advertise for all or part of the work contemplated.
d) The County also reserves the right to reject the response of a Proposer who has
previously failed to perform properly or to complete contracts of a similar
nature on time.
e) The recommendations of the TDC will be presented to the Board of County
Commissioners of Monroe County (BOCC), Florida, for final approval of
Agreement.
f) The Agreement may be awarded by the BOCC and/or VFK and a contract may
be entered into between the County or Visit Florida Keys as determined by the
BOCC.
1.16 EXECUTION OF AGREEMENT
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1980
The Proposer to whom an Agreement is awarded will be required to return to the County one
(1) signed original Agreement together with the required certificates of insurance.
1.17 INSURANCE
The Proposer shall defend,indemnify and hold harmless the County as outlined on the attached
form on page 41.
1.18 BID PROTEST
Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or
intended decision to award a contract shall submit in writing a notice of protest which must be
received by the County Attorney's Office within seventy-two (72)hours or three (3) business
days, whichever is greater, after the posting of the notice of decision or intended decision on
Bonfire or posting of the notice of decision or intended decision on the Monroe County Board
of County Commissioners' ("BOCC") agenda, whichever occurs first. Additionally, a formal
written protest must be submitted in writing and must be received by the County Attorney's
Office seventy-two (72) hours or three (3)business days prior to the BOCC's meeting date in
which the award of contract by the BOCC will be heard. The only opportunity to address
protest claims is before the BOCC at the designated public meeting in which the agenda item
awarding the contract is heard. In accordance with the Rules of Debate as set forth in the
Monroe County Board of County Commissioners Administrative Procedures, the
Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with
his/her name and residence prior to the agenda item to award the contract being called in order
to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to
address the Commission and a person representing an organization has five (5) minutes to
address the Commission. The BOCC decision to award the contract is final and at their sole
discretion. Failure to timely protest within the times and manner prescribed herein shall
constitute a waiver of the ability to protest the award of contract,unless the BOCC determines
that it is in the best interest of the County to excuse the protest waiver. The filing of a protest
a protest
shall not stop the solicitation, negotiations, or contract award process, unless it is determined
that it is in the best interest of the County to do so.
1.19 LITIGATION & FINANCIAL INFORMATION CHECK-LIST
The Proposer must provide the following information:
(1) A list of the person's or entity's shareholders with five 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; or, if a solely owned proprietorship, names(s) of owner(s);
(2) A list of the officers and directors of the entity;
Competitive Solicitation for Professional Advertising Agency Services—2024
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1981
(3) The number of years the person or entity has been operating and, if different, the
number of years it has been providing the services, goods, or construction services called for
in the bid specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name and any
prior names;
(5) A print out of the "Detail by Entity Name" screen from the Proposer's listing in
www.suabiz.org;
(6) A copy of the Proposer's Annual Report that is submitted to the Florida Secretary of
State.
B. The Proposer must provide answers to the following questions regarding claims and suits:
(1)Has the person,principals, entity or any entity previously owned, operated or
directed by any of its officers, major shareholders or directors, ever failed to complete
work or provide the goods for which it has contracted? Yes or No. If yes, provide
details.
(2)Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person,principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or general
partners? Yes or No. If yes, provide details.
(3)Has the person,principal of the entity, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors, within the
last five (5)years,been a party to any lawsuit, arbitration, or mediation with regard to
an Agreement for services similar to those requested in the specifications with private
or public entities? Yes or No. If yes,provide details.
(4)Has the person,principal of the entity, or any entity previously owned, operated or
directed by any of its officers, owners,partners, major shareholders or directors, ever
initiated litigation against the County or been sued by the County in connection with
an Agreement to provide services, goods or construction services? Yes or No. If yes,
provide details.
(5)Whether, within the last five (5)years, the owner, an officer, general partner,
principal, controlling shareholder or major creditor of the person or entity was an
officer, director, general partner,principal, controlling shareholder or major creditor
of any other entity that failed to perform services or furnish goods similar to those
sought in the request for competitive solicitation: Yes or No. If yes,provide details.
C. Proposer must provide the following:
(1) Customer references (minimum of three): provide customer contact name, email
address, current phone number, brief project description, contract amount, contract
duration.
(2) Credit references (minimum of three), including name, current address and
current telephone number.
(3) Financial statements for the prior three years for the responding entity or for
any entity that is a subsidiary to the responding entity.
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1982
SECTIONTWO
GENERAL, TERMS AND CONDITIONS
2.01 DEFINITIONS
Wherever used in these General Conditions or in the other Agreement documents the terms
below have the meanings indicated which are applicable to both the singular and plural thereof.
The use of the terms "he," "him," "himself' or "his" shall refer to male and female persons
alike and should not be construed as derogatory or discriminatory to female persons.
Request for Competitive Solicitation: This term includes Request for Proposal (RFP) and is
a solicitation of responses for prices and terms for procurement of goods and/or services for
which the scope of work, specifications or contractual terms and conditions cannot reasonable
be closely defined by the county. Evaluation of a proposal is based upon prior established
criteria which may include but may or may not be totally limited price.
Addenda: Additional directions or modifications issued during the procurement process
provided via written or graphic instruments which clarify, correct or change the proposal
documents or the Agreement documents.
Proposal Documents: The advertisement or Notice of Request for Competitive Solicitation,
instructions and forms contained in this Request for Competitive Solicitations (Response
Form,Non-Collusion Affidavit,Lobbying and Conflict of Interest Clause,Public Entity Crime
Statement, Drug Free Workplace) and the proposed Agreement documents (including all
addenda issued prior to receipt of responses).
Proposer: a person or entity who submits a proposal/response.
Agreement Documents: The Proposal Documents, Agreement, Addenda (which pertain to
the Agreement documents), the Proposer's proposal or response (including documentation
accompanying the response and any post-response documentation submitted prior to the notice
of award) when attached as an exhibit to the Agreement, these General Conditions, together
with all amendments, modifications and supplements.
Compensation: Compensation will be discussed during finalist presentations and final
decision made during Agreement negotiations.
Agreement Time: The Agreement shall be in force and binding on the County and the Agency
for a period of three (3) years with an option for the County to renew for one additional two-
year period.
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1983
Agency: Entity that is providing the Response and with whom the County may ultimately
enter into an Agreement.
Contractor: The person, agency or corporation with whom the County has entered into the
Agreement.
Effective Date of the Agreement: The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
Laws and Regulations; Laws or Regulations: Federal, state and local laws, rules,
regulations, ordinances, codes and/or orders.
Notice of Award: The written notice to the apparent successful Proposer stating that upon
compliance by the apparent successful Proposer with the conditions precedent enumerated
therein,within the time specified,the County will sign and deliver the Agreement. The County
reserves the right to award multiple contracts.
County: The Monroe County Board of Commissioners with whom the Agency has entered
into the Agreement and for whom the work is to be provided.
Specifications: Those portions of the Agreement documents consisting of written technical
descriptions of materials and services required under the Agreement.
Written Amendment: A written amendment of the Agreement documents, signed by the
County and the Agency, on or after the effective date of the Agreement.
Failure to Execute Required Forms: Failure to execute the required forms shall result in
entity being disqualified and the response being rejected.
2.02 PROPOSER'S RESPONSIBILITIES
2.02.1 Supervision and Personnel
The Proposer shall supervise and direct the work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the
work in accordance with the Agreement documents.
2.02.2 Parts, Materials and Equipment
Unless otherwise specified in the Agreement, the Proposer shall furnish and assume full
responsibility for all services,materials, equipment, labor,transportation,machinery,tools and
all other incidentals necessary for the completion of the work.
Competitive Solicitation for Professional Advertising Agency Services—2024
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1984
2.02.3 Taxes
The Proposer shall pay all sales, consumer, use and other similar taxes required to be paid by
the Proposer in accordance with the laws and regulations of the place of the project which are
applicable during the performance of the work. The County is not liable for sales or use taxes.
2.02.4 Compliance with Laws
The Proposer shall comply with all applicable laws and regulations of federal, state and local
governments.
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ll
1985
SECTIONTHREE
SCOPE OF SERVICES
ADVERTISING AGENCY
The Monroe County Tourism Development Council (TDC) and Visit Florida Keys (VFK)
invites agencies to respond to a Request for Proposal (RFP) for advertising and marketing
services. The annual advertising budget is usually around $30 million per year(subject to
change). It is divided among the overarching brand of Visit Florida Keys and micro brands
designed to promote five (5)District Advisory Councils in Key West, Lower Keys,
Marathon, Islamorada and Key Largo. Additionally, campaigns are developed to
encourage niche travel under the umbrella categories of diving, fishing and cultural.
Proposers may bid for any of the following: 1) Scope of Services 2) Scope of Services
and any Optional Services 3)any individual Optional Service. They should clearly state
which services are included in their proposal on the cover page
of their submission.
Managerial Approach
For all Services provided, Proposer will implement the following management approach at
no additional cost to the TDC:
Proposer will ensure that the persons responsible for Proposer's performance of the
Services under this Agreement and, to the extent applicable (collectively "Key
Personnel"), are appropriately trained and experienced and have adequate time and
resources to perform in accordance with the terms of this Agreement. To the extent
Proposer seeks or is required to make any change to the composition of the Key Personnel,
Proposer will provide the TDC with thirty (30) days' advance written notice (or as much
advance notice as is possible if thirty (30) days' notice is not possible) regarding such
changes and the management plan associated with such changes. The TDC shall not be
responsible for any additional costs associated with a change in Key Personnel.
Proposer will ensure an employee is identified and held accountable as the primary contact
responsible for quality control and ensuring Services are delivered timely and in complete,
accurate states. The designated primary contact is responsible for ensuring deliverables are
presentable and meet TDC's expectations, including but not limited to, containing features
such as proper spelling and punctuation, appropriate photography and copy, and other
aspects related to quality control and compliance with each Service. Proposer will further
ensure a plan is in place to evaluate this person's performance regularly, as requested by
the Contract Administrator, and correct any situation related to quality control promptly.
Proposer will submit an onboarding plan including a timeline for approval by the Contract
Administrator within 21 days after the Effective Date of the Agreement. The onboarding
plan shall identify a timeline for strategy that includes an inventory of existing concepts
and creative, analysis of current brand and market position, destination attribute
Competitive Solicitation for Professional Advertising Agency Services—2024
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1986
assessment,promotional history of destination, history of partners' participation,review of
online traffic and inquiry fulfillment, review and analysis of social media voice, review
and analysis of press and share of voice, stakeholders' input, and strengths, weaknesses,
opportunities, and threats (SWOT) analysis.
Annually, Proposer will review and identify staff workflow for producing Services from
concept to final acceptance.
Monthly Fee Services
Proposer shall provide the following Monthly Fee Services with accountability and
justification to actual services performed. Proposer shall keep records reflecting the
Monthly Fee Services performed, costs incurred, and the actual total hours worked by each
of the employees or subcontractors on each specific Monthly Fee Service provided during
the applicable billing period. Please provide a monthly fee & hourly rate card, as required
in the evaluation criteria.
Note: The TDC has attempted to estimate the percentage of Monthly Fee Services falling
into each category set forth below; however, because the needs of the TDC differ monthly,
actual usage in each category may vary and TDC makes no guarantee or commitment of
any kind concerning actual usage. The selected vendor shall provide all Monthly Fee
Services required by the TDC for the Monthly Fee.
Communication & Reports
• Proposer shall provide such periodic reporting as may be requested by the Contract
Administrator or delegated Project Manager.
• Attend meetings as requested by the TDC and provide an updated recap of projects
including past, current, and planned, demonstrating weekly progress.
• Monthly,provide reports including analytics of the impact of executed media
strategies and tactics, as well as provide recommendations for improvement for all
Key Performance Indicators (including, but not limited to: return on investment,
click-through rate, conversion rate, cost per lead, and impressions) and generate
custom reports and analytics, as needed.
• Monthly,present data(via dashboard or similar)that provides the data-driven
process for media buying and displays return-on-investment(ROI).
• Monthly digital reporting and analysis of all advertising, including optimization
recommendations. Provide ROI insights with measurable results including, but not
limited to: Increase in visitors to TDC website and/or digital assets; Increase in
awareness and intent to visit Monroe County (i.e. searches for flights and hotels, as
Competitive Solicitation for Professional Advertising Agency Services—2024
Ill
1987
well as bookings); Monthly budget reviews, media verification and cost
comparative; Audit all media buys for accuracy and provide proof of performance,
including tear sheets,photo sheets, screenshots and run reports, and ensure
corrective measures for any unfulfilled items, as necessary.
• Complete monthly billing with all appropriate back-up documents, including
detailed time sheets, media proof of performance and detailed invoices, original
line-item receipts, and comprehensive billing recap including projections through
end of the fiscal year.
Brand Strategy and Creative Services
• Development of a research-based brand and marketing and advertising creative
strategy for both the domestic and international markets and provide
recommendations for proper execution.
• Development and production of results-driven marketing and advertising creative
to support overall media and brand strategy. Develop and coordinate advertising
efforts for the over-all Florida Keys brand campaign, while emphasizing the
features of five distinct regions or districts within the Keys.
• Develop and coordinate advertising efforts for the five (5)District Advisory
Committee (DAC) areas of the Florida Keys.
• Create and produce advertising for the Umbrella Advisory Committee
organizations that include the Diving, Fishing and Cultural industry programs.
• Design and graphics services, including the creation and implementation of original
creative, designs, artwork, layout and design templates, typography and
illustrations, photography and other related elements that present a consistent brand
for advertising.
• Editorial services including, but not limited to, copywriting, fact-checking,
proofreading, and editing of all materials placed or handled.
• Production services necessary to create promotional materials from concept to final
format, including those required for relevant media and added value placements
and delivery to media vehicles as required.
• Full execution of photography and video production projects (including overseeing
the direction of photo and video shoots, work for hire and talent agreements,
creative asset selections, and related costs).
• Project management related to production work.
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22
1988
• Development and production of the Annual Marketing & Communications Plan in
a manner and format approved by Contract Administrator, as well as any
operational and strategic plans as necessary including assistance with Destination
International's DMAP certification.
• Collateral projects including copy, design,production, studio services, Contractor
selection and management(as required),print production management(including
attending press checks when required), and management of distribution (as
requested).
• Maintain digital assets and digital brochures, as needed, making updates as
necessary on multiple platforms for optimal user experience.
• Implement and maintain an email marketing program strategy to promote the
destination.
• Develop a content marketing strategy to deploy across a variety of platforms.
• Services related to a unique occurrence that has a significant material adverse
impact on tourism in Monroe County (e.g.,post-hurricane, regional public health
crisis, etc.).
• Services related to producing approximately 3-5 events each year such as grand
openings, luncheons, or other events pertaining to the TDC. This includes details
related to catering, venue rental, audio/visual, entertainment and programming,
decorating, and setup.
Account Maintenance
• Delivery of all media source files (including, but not limited to native and finished
layered photoshop files)to TDC. *The TDC retains ownership of all assets.
• Assist in the management of all digital assets.
• Conduct regular status calls/in-person meetings with internal marketing team and
partner agencies (social,public relations, and global representation firms)regarding
all active projects, and maintain highly responsive email and phone
communications.
• Attend, create,produce, and participate in presentations to boards and committees,
partners or other groups as requested and needed.
Competitive Solicitation for Professional Advertising Agency Services—2024
2
1989
• Creative design and coordination of production for various support materials,
display items (e.g., displays,pull-up banners, backdrops, etc.), and other items as
requested for use at tradeshows, activations, and other events.
• Design and conduct quantitative and qualitative market research as necessary to
conduct data-driven decision making and reports, as requested.
• Compile and submit award applications for top associations in marketing and
tourism.
• Provide support for public relations, website and sales staff both domestically and
international.
Media Planning
• Work with the in-house team to develop, execute, and optimize a comprehensive,
strategic, research-based, integrated, and evolving mixed media annual media plan
targeting key audiences and market segments in both domestic and international
regions.
• Work with the in-house team to recommend appropriate media channels. Include
opportunities for partner participation in advertising. Develop and coordinate co-
op programs with mutually beneficial industry partners.
• Provide plans to negotiate, execute, and manage advertising buys across all media
channels, obtaining competitive pricing, with a strong focus on leveraging strategic
added value.
Reimbursable Expenses
• If requested, Proposer may perform the following activities at actual cost without
markup. Before completing the reimbursable activity, Proposer will provide the
Contract Administrator with required documentation and a written estimate to
secure a written Notice to Proceed.
• Travel costs and travel-related expenses. Travel-related expenses must adhere to
Section 112.061, Florida Statutes.
• Mileage Reimbursement for approved travel outside of South Florida and Monroe
County. The following additional limitations and requirements apply to the
reimbursable expenses described in this Section: Transportation expenses to and
from locations within Miami-Dade, Broward, Palm Beach, Collier, Lee and
Monroe Counties will not be reimbursed.
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1990
• Printing, shipping and handling, and distribution costs of collateral projects.
• Hardware, materials, shipping, and assembly cost of support materials
• Rental,purchase, or otherwise securing studio, venue, or location space for
filming, activations, or other reasonable third-parry costs associated with activities
related to performing projects.
• Securing props, vehicles (rental), and other goods related to performing projects.
• Purchasing stock images, video footage, and other illustrations.
• Expenses related to hosting out-of-market activations, media missions, and press
trips, in accordance with Section 125.0104, Florida Statutes.
• The following administrative costs are part of overhead and will not be
reimbursed: (a) telephone/long distance; (b) color printouts (11x17 or smaller);
and(c) Copies (color or black& white, 11x17 or smaller).
Optional Services
• Public relations services and strategic planning for media missions, press trips,
consumer events, activations and events.
• Search engine management services, including SEO and PPC.
• Paid and organic social media strategy,planning and execution.
• Develop innovative technology and marketing initiatives using artificial
intelligence and other emerging platforms.
• E-mail marketing tactics and list building.
A draft contract has been furnished in Section Four to help outline the possible
services of a full-service agency of record to Monroe County. The Scope of Services
may change before negotiating the final contract between the parties.
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1991
SECTION FU
DRAFT AGREEMENT
THIS AGREEMENT(Agreement), made and entered into this day of
2025, A.D., by and between Monroe County, Florida, (hereinafter called the County), and
(hereinafter called the Contractor).
WITNESSETH:
WHEREAS, Contractor is uniquely qualified to provide professional advertising
services which includes consulting advice relating to the Tourist Development Council (TDC)
marketing and promotion of tourism, and
WHEREAS, a Request for Proposal (RFP) was issued in November of 2024 for
advertising services as outlined in the attached scope of services; and
WHEREAS, Contractor has been selected to provide advertising services as per the
scope of services; and
WHEREAS, the TDC, an advisory board to the County's Board of County
Commissioners (BOCC) has recommended to County that a new Agreement for advertising
services be entered into with Contractor, and
WHEREAS, County desires to enter into this Agreement for advertising services with
the Contractor;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
I. Term: The term of this Agreement is for a period of approximately three (3) years
beginning March I, 2025 and expiring on September 30, 2028. The County shall have an
option to extend the Agreement for one additional two (2)year period.
2. Scope of Services: The Contractor will serve as the agency for the Monroe County
TDC and County as set forth in the Scope of Services-Attached hereto as Attachment A-
Scope of Services. The Contractor and the advertising programs are subject to review by the
Monroe County TDC. Contractor acknowledges and understands that the relationship between
County and Contractor is nonexclusive in nature and County may obtain services similar or
identical to the Services from other individuals and entities.
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, VFK and County. A list of
the principal personnel will be given to the TDC for their record, and the TDC shall be
informed of any changes in Contractor's assigned personnel.
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1992
b) If necessary, and at the request of the Visit Florida Keys (VFK) Chief Executive
Officer(CEO),at least one Contractor representative shall be available,at any official
meetings of the TDC, committee meetings, or at any other times as directed by the
TDC.
c) The Contractor agrees to assign a Senior Account Executive who will devote such
time and effort as necessary to the account on a priority basis, including emergency
situations when required. Duties of the Senior Account Executive or Contractor's
assigned representative will include contact as required with the VFK CEO or other
designees. Other duties include consultations with TDC staff, TDC Advisory
Committees from the five districts and Umbrella Committees within the Florida Keys
as directed by the TDC; and participation and coordination of other related areas of
tourism development as it relates to the development of an effective advertising and
marketing services program to the TDC.
d) Other duties include regular consultation visits throughout Monroe County;
consultations with TDC Advisory Committees within the Keys, and interfacing with
other agencies of record such as Public Relations and Website providers as directed by
the TDC; liaison with private sector resorts,attractions and other tourism-related fields
in Monroe County,relating to the development of an effective advertising program for
the Florida Keys.
e) Contractor shall formulate and recommend media plans based on written objectives
established within the TDC marketing plan and review on a regular basis. If necessary,
contractor shall order media space, time or other means of media to be used,
endeavoring to secure the most advantageous rates available, checking and verifying
such media use, auditing and paying invoices to media.
f) Contractor shall obtain written pre-approval on all advertising,media buys,production
and materials from VFK CEO or other designee.
g) Contractor shall have all media and production expense accounts placed on purchase
orders in a manner as directed by the TDC. All invoices shall have the proper purchase
order number. No invoice will be paid unless account funds are available and if a
purchase order is approved. No invoices will be paid outside the advertising budget
without TDC approval.
h) Contractor shall negotiate fees in accordance with trade contracts to be more inclusive
of total work and keep costs to a minimum.
3. Conflict Clients: Contractor will not perform any professional services during the Term for
any other client if, in the opinion of the VFK CEO, the provision of such services would
constitute a conflict of interest with regard to the Services to be performed hereunder. The
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1993
VFK CEO may at any time during the Term review a list of Contractor's then-existing client
accounts to determine whether, in the VFK CEO's sole opinion, any conflict of interest exists.
Contractor will provide such list within twenty (20) days after any written request of the VFK
CEO. Contractor will further advise the TDC of all potential new clients so that the TDC can
determine whether a conflict of interest exists under this section.
4. Materials: All sketches, drawings, details, and other documents, plans, work papers, and
creative materials prepared or provided by Contractor in connection with the Services, other
than materials constituting trade secrets under applicable law, shall become the property of
TDC and shall be delivered upon complication and/or within twenty (20) days if request by
the VFK CEO, without restriction or limitation as to use, promptly upon expiration,
termination, or cancellation of this Agreement.
4. Compensation: Compensation shall be paid, subject to availability of Tourist Development
Tax Funds and approved purchase orders,as set forth in Attachment B-Monthly Fee and Rates.
To be deemed proper, all invoices must comply with the requirements set forth in this
Agreement and must be submitted on the form and pursuant to instructions prescribed by the
VFK CEO. Payment may be withheld for failure of Contractor to comply with a term,
condition, or requirement of this Agreement.
A. Reimbursable Expenditures: The County shall reimburse the Contractor
for all approved expenditures and payments made on the County's behalf subject to state and
County rules and regulations as written in the Attachment.
B. Competitive Procurement by Contractor for Goods and Services.
Whether included in the monthly Flat Fee Services payment or as part of any reimbursable
expense, Contractor shall obtain competing bids from unaffiliated and qualified thirty-party
vendors for any services to be performed by a Subcontractor or outside vendor in compliance
with the TDC's purchasing policies. If Contractor believes that a vendor other than the least
low bid vendor should be selected to perform the work,Contractor shall provide written details
regarding the selection process, the bids received from each vendor, and Contractor's
justification for the request to select a vendor other than the low bid, and shall thereafter follow
the instructions of the TDC CEO of which vendor to select.
C. Withholding by TDC: Notwithstanding any provision of this
Agreement to the contrary, the TDC may withhold, in whole or in part,payment to the extent
necessary to protect itself from loss on account of inadequate or defective work which has not
been remedied or resolved in a manner satisfactory to the applicable Contract Administrator
or failure to comply with this Agreement. Any amounts withheld shall not be subject to
payment of interest by County.
D. Invoices:
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1994
1) For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the Contractor must submit monthly invoices. Payment will be made
pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes.
2) If the Contractor's duties, obligations and responsibilities are materially changed by
amendment to this Agreement after execution of this Agreement, compensation due to
the Contractor shall be equitably adjusted, either upward or downward.
3) As a condition precedent for any payment due under this Agreement, the Contractor
shall submit monthly, unless otherwise agreed in writing by the TDC, a proper invoice
requesting payment for services properly rendered and reimbursable expenses due
hereunder. The Contractor's invoice shall describe with reasonable particularity the
service rendered. The Contractor's invoice shall be accompanied by such
documentation or data in support of expenses for which payment is sought as the TDC,
County, or Monroe County Clerk of Court and Comptroller may require.
4) All invoices submitted by the Contractor to the TDC shall have the proper purchase
order number and be marked as to which account is properly chargeable.
5) Normal production costs for specific pre-approved jobs will be submitted
for payment at one time upon completion. The Contractor is encouraged to
use in-county vendors to supply services wherever possible, and when the
local vendors are able to supply goods or services that are at least
equivalent to the quality of goods and services of out-of-county vendors,
and meet the needs of the TDC and the County. To that end, the
Contractor understands and agrees that in any project the Contractor will
need to prepare and submit a production budget for approval by the VFK
CEO. This budget would include a breakdown of expenses by category
and the name of each vendor or subcontractor proposed for each category.
6) No percentage will be added to Contractor charges for packaging,
shipping, express mail,postage, telephone, legal fees and services and
travel expenses for Contractor's personnel.
7) The County and the TDC assume no liability to fund this Agreement for
an amount in excess of the amounts subject to the terms and conditions
specified herein. Payment for expenditures permissible by law and
County policies shall be made through reimbursement to Contractor upon
presentation of invoices, and other documentation necessary to support a
claim for reimbursement. Monroe County's performance and obligation to
pay under this Agreement is contingent upon an annual appropriation by
the Board of County Commissioners.
5. Contractor's Acceptance of Conditions: The Contractor hereby agrees to carefully
examine the Scope of Services and assumes full responsibility therefore. Under no
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1995
circumstances, conditions or situations shall this Agreement be more strongly construed
against the County than against the Contractor.
a) Any ambiguity or uncertainty in the Scope of Services shall be interpreted and
construed by the County, and the County's decision shall be final and binding upon all
parties.
b) The passing, approval and/or acceptance by the County of any of the services furnished
by the Contractor shall not operate as a waiver by the County of strict compliance with
the terms of this Agreement. Failure on the part of the Contractor, immediately after
Notice to Correct a default, shall entitle the County, if it sees fit, to correct the same
and recover the reasonable cost of such replacement and/or repair from the Contractor,
who in any event shall be jointly and severely liable to the County for all damage, loss
and expense caused to the County by reason of the Contractor's breach of this
Agreement and/or his failure to comply strictly and in all things with this Agreement
and with the specifications.
c) The Contractor agrees that the TDC may designate representatives to visit the
Contractor's facility(ies) periodically to conduct random open file evaluations during
the Contractor's normal business hours.
d) The Contractor warrants that it has, and shall maintain throughout the term of this
Agreement, appropriate licenses and permits required to conduct its business, and that
it will at all times conduct its business activities in a reputable manner. Proof of such
licenses and permits shall be submitted to the County upon request.
6. Contractor's Financial Records and Right to Audit: Contractor shall maintain all
books, records and documents directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles consistently applied. Each 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 four years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to the Contractor pursuant to
this Agreement were spent for purposes not authorized by this Agreement,the contractor shall
repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statute,
running from the date the monies were paid to Contractor.
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Scope of
Services/Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps,bidding instructions,bidders list,
Competitive Solicitation for Professional Advertising Agency Services—2024
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1996
etc.); original estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance
rebates and dividends; any other supporting evidence deemed necessary by County or the
Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as
"County Clerk") to substantiate charges related to this agreement, and all other agreements,
sources of information and matters that may in County's or the County Clerk's reasonable
judgment have any bearing on or pertain to any matters, rights, duties or obligations under or
covered by any contract document(all foregoing hereinafter referred to as "Records") shall be
open to inspection and subject to audit and/or reproduction by County's representative and/or
agents or the County Clerk. County or County Clerk may also conduct verifications such as,
but not limited to, counting employees at the job site, witnessing the distribution of payroll,
verifying payroll computations, overhead computations, observing vendor and supplier
payments, miscellaneous allocations, special charges, verifying information and amounts
through interviews and written confirmations with employees, Subcontractors, suppliers, and
contractors representatives. All records shall be kept for ten (10)years after Final Completion
of the Scope of Services/Project. The County Clerk possesses the independent authority to
conduct an audit of Records, assets, and activities relating to this Scope of Services/Project. If
any auditor employed by the Monroe County or County Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to
Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to
audit provisions survives the termination of expiration of this Agreement.
7. Public Records Compliance: Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, records, papers, letters or other"public record" materials
in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the County and Contractor in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally cancel this
contract upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and the County
may enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with
that proceeding. This provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
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1997
(2) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration
of the contract term and following completion of the contract if the contractor does not transfer
the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the Contractor or keep and maintain public records that would be required by
the County to perform the service. If the Contractor transfers all public records to the County
upon completion of the contract,the Contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,the Contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's custodian of
records, in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County
shall immediately notify the Contractor of the request, and the Contractor must provide the
records to the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,notwithstanding
the County's option and right to unilaterally cancel this contract upon violation of this
provision by the Contractor.A Contractor who fails to provide the public records to the County
or pursuant to a valid public records request within a reasonable time may be subject to
penalties under section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN(&,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040.
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1998
8. Hold Harmless: The Contractor covenants and agrees to indemnify and hold harmless
the County and the TDC from any and all claims for bodily injury (including death),personal
injury and property damage (including property owned by Monroe County) and any other
losses, damages and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the Contractor or any of its subcontractors in any
tier, occasioned by the negligence, errors or other wrongful act of omission of the Contractor
or its subcontractors in any tier,their employees or agents.
9. Independent Contractor: At all times and for all purposes under this Agreement the
Contractor is an Independent Contractor and not an employee of the County. No statement
contained in this Agreement shall be construed so as to find the Contractor or any of his
employees, contractors, servants or agents to be employees of the County.
10. Nondiscrimination: County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. County or Contractor agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VII of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended(20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis
of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The
Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7)The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights
Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
12101 Note), as maybe amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination
on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender
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.
11. Assignment/Subcontract: The Contractor shall not assign or subcontract its obligations
under this Agreement, except in writing and with the prior written approval of the County and
Contractor, which approval shall be subject to such conditions and provisions as the County
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1999
may deem necessary. This paragraph shall be incorporated by reference into any assignment
or subcontract and any assignee or subcontractor shall comply with all of the provisions of this
Agreement. Assignment of the Contract must be in writing with prior written approval of the
County and Contractor.
12. Compliance with Law: In providing all services/goods pursuant to this Agreement,the
Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter
adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this Agreement and shall entitle the County to terminate this Agreement
immediately upon delivery of written notice of termination to the Contractor. The Contractor
shall possess proper licenses to perform work in accordance with these specifications
throughout the term of this Agreement.
13. Disclosure and Conflict of Interest: The Contractor represents that it, its directors,
principles and employees,presently have no interest and shall acquire no interest, either direct
or indirect, which would conflict in any manner with the performance of services required by
this Agreement, as provided in Sect. 112.311, et seq., Florida Statutes. County agrees that
officers and employees of the County recognize and will be required to comply with the
standards of conduct for public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency;unauthorized compensation;misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Upon execution of this Agreement, and thereafter as changes may require,the Contractor shall
notify the County of any financial interest it may have in any and all programs in Monroe
County which the Contractor sponsors, endorses, recommends, supervises or requires for
counseling, assistance, evaluation or treatment. This provision shall apply whether or not such
program is required by statute, as a condition of probation, or is provided on a voluntary basis.
The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual or Contractor, other than a bona fide employee working solely for it,
any fee, commission,percentage, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion,to offset from monies owed, or otherwise recover the full amount
of such fee, commission,percentage, gift or consideration.
14. Arrears: The Contractor shall not pledge the County's credit or make it a guarantor of
payment or surety for any agreement, debt, obligation, judgment, lien or any form of
indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
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2000
15. Notice Requirement: Any notice required or permitted under this Agreement shall be
in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail,
return receipt requested, to the following:
FOR TDC: Kara Franker
Monroe County TDC
1201 White Street 4102
Key West, FL 33040
FOR COUNTY: Christine Limbert-Barrows,
Assistant County Attorney
PO Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR: (insert)
17. Taxes: The County is exempt from payment of Florida State Sales and Use taxes. The
Contractor shall not be exempted by virtue of the County's exemption from paying sales tax
to its suppliers for materials used to fulfill its obligations under this Agreement, nor is the
Contractor authorized to use the County's Tax Exemption Number in securing such materials.
The Contractor shall be responsible for any and all taxes, or payments of withholding, related
to services rendered under this Agreement.
18. Termination:
a) The County may terminate this Agreement for cause with seven (7)days' notice to the
Contractor. Cause shall constitute a breach of the obligations of the Contractor to
perform the services enumerated as the Contractor's obligations under this Agreement.
b) Either of the parties hereto may terminate this Agreement without cause by giving the
other party ninety (90) days written notice of its intention to do so.
c) For Contracts of any amount, if the County determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of(1) terminating the Agreement
after it has given the Contractor/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
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2001
d) For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5),Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List,or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given
the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
19. Governing Law, Venue, Interpretation, Costs and Fees:
a) This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to agreements made and to be performed entirely in the
State.
b) In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement,the County and Contractor agree that
venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
c) The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them, the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding.
d) Severability. If any term, covenant, condition or provision of this Agreement(or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
e) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, court costs, investigative and out-of-
pocket expenses, as an award against the non-prevailing party, and shall include
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2002
attorney's fees, courts costs, investigative and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
f) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by Meet and Confer
Sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties,then any parry shall have the right to seek
such relief or remedy as may be provided by this Agreement or by Florida law.
g) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
20. Binding Effect: The terms, covenants, conditions and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors and assigns.
21. Authori : Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
22. Claims for Federal or State Aid: Contractor and County agree that each shall be, and
is, empowered to apply for, seek and obtain Federal and State funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals and funding
solicitations are not for funding already provided under this Agreement.
23. Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances and rules, and pensions and relief, disability, workers'
compensation and other benefits which apply to the activity of officers, agents or employees
of any public agents or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,volunteers
or employees outside the territorial limits of the County.
24. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating entity, in
Competitive Solicitation for Professional Advertising Agency Services—2024
7
2003
which case the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing the
delegation of the constitutional or statutory duties of the County,except to the extent permitted
by the Florida constitution, state statute and case law.
25. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the
terms 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 County nor the Contractor 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.
26. Attestations: Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement and a
Drug-Free Workplace Statement.
27. No Personal Liability: No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
28. Insurance: The Contractor shall maintain the following required insurance throughout
the entire term of this Agreement and any extensions. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend any deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
work had not been suspended, except for Contractor's failure to maintain the required
insurance.
The Contractor shall provide,to the County, as satisfactory evidence of the required insurance,
either:
* Certificate of Insurance
OR
* A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this Agreement. All Insurance policies must specify that they have a thirty
(30) day notice of cancellation, non-renewal, material change in policy language or reduction
in coverage. The acceptance and/or approval of the Contractor's insurance shall not be
Competitive Solicitation for Professional Advertising Agency Services—2024
38
2004
construed as relieving the Contractor from any liability or obligation assumed under this
Agreement or imposed by law. The Monroe County BOCC, its employees and officials shall
be included as an "Additional Insured" on all insurance policies, except for Workers'
Compensation, as their interests may appear in all policies issued to satisfy these requirements.
Any deviations from these General Insurance Requirements must be requested in writing on
the County prepared form entitled "Request for Waiver of Insurance Requirements". Any
deviation must be approved in writing by Monroe County Risk Management.
a) Prior to the commencement of work governed by this Agreement, the Contractor shall
obtain Workers' Compensation Insurance with limits sufficient to comply with Florida
Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance
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 this Agreement. Coverage
shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain a minimum rating of
A-VI, as assigned by the A.M. Best Company.
b) Prior to the commencement of work governed by this Agreement,the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life
of the Agreement and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket Contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 per Occurrence and $1,000,000 Aggregate
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
Competitive Solicitation for Professional Advertising Agency Services—2024
c
2005
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this Agreement. In addition, the period for which claims may be reported
should extend for a minimum of twelve (12)months following the acceptance of work
by the County.
c) Recognizing that the work governed by this Agreement involves the furnishing of
advice or services of a professional nature,the Contractor shall purchase and maintain,
throughout the life of the Agreement, Professional Liability Insurance, which will
respond to damages resulting from any claim arising out of the performance of
professional services or any error or omission of the Contractor arising out of work
governed by this Agreement.
The minimum limits of liability shall be: $300,000 per Occurrence/$500,000
Aggregate.
d). Advertising Professional Liability Insurance with minimum limits of $1,000,000 per
Occurrence and $2,000,000 aggregate.
The Monroe County BOCC shall be named as Additional Insured as their interests may
appear on all insurance policies issued to satisfy the above requirements.
29. Uncontrollable Circumstances: Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was
caused directly by an event beyond such Party's control, without such Party's fault or
negligence and that by its nature could not have been foreseen by such Party or,if it could have
been foreseen,was unavoidable: (a)acts of God; (b)flood,fire, earthquake, explosion,tropical
storm, hurricane or other declared emergency in the geographic area of the Scope of
Services/Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats
or acts, riot, or other civil unrest in the geographic area of the Scope of Services/Project; (d)
government order or law in the geographic area of the Scope of Services/Project; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work in the geographic area of the Scope of
Services/Proj ect;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial
inability to perform, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse performance by
Contractor under this Section. Contractor shall give County written notice within 7 days of any
event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance,
and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all
diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of
any Uncontrollable Circumstance are minimized and resume full performance under this
Agreement. The County will not pay additional cost as a result of an Uncontrollable
Circumstance.
Competitive Solicitation for Professional Advertising Agency Services—2024
40
2006
30. E-Verify: Effective January 1,2021: In accordance with F.S. 448.095, Contractor shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the
Contract and shall expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
31. Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
32. Section Headings: Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not a part of
this Agreement and will not be used in the interpretation of any provision of this Agreement.
33. Force Majeure: The Contractor shall not be liable for delay in performance or failure
to perform,in whole or in part, the services due to the occurrence of any contingency beyond
its control or other acts of God, Contractor has exercised reasonable care in the prevention or
mitigation of damages and delay, any such delay or failure shall not constitute a breach of the
agreement. Upon demand of TDC or County, the Contractor must furnish evidence of the
causes of such delay or failure.
Competitive Solicitation for Professional Advertising Agency Services—2024
41
2007
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
(SEAL) Board of County Commissioners
Attest: Kevin Madok, Clerk of Monroe County
As Deputy Clerk Mayor/Chairman
(To be d ��ecl om by y"owrac,n.or)
(Organization)
By
President
Print Name Date
A N i) T ITN i'S S i,
(1) (2)
(1) (2)
Print Name Print Name
Date: Date:
Competitive Solicitation for Professional Advertising Agency Services—2024
42
2008
Exhibit A
CRISIS MANAGEMENT PLAN/CASE STUDY ANALYSIS
In an effort to provide uninterrupted service to The Florida Keys & Key West during a
hurricane emergency or other catastrophic event, Firm has established a standard plan of
action.
The specific plan of the chosen Respondent will be inserted under this Exhibit A.
Attachment A- Scope of Services- To be inserted in Final Agreement.
Attachment B-Monthly Fee and Rates- to Be inserted in Final Agreement.
Competitive Solicitation for Professional Advertising Agency Services—2024
4
2009
SECTION FIVE
INSURANCE UI E E T AND
RESPONSE FORMS REQUIREDY MONROE COUNTY, FLORIDA
RISK MANAGEMENT
LICY AND PROCEDURES
AGREEMENT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
for
Other Contractors and Subcontractors
The Agency covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the Agency or any of its Subcontractor(s) in any
tier, occasioned by the negligence, errors or other wrongful act of omission of the Agency or
its Subcontractors in any tier, their employees or agents.
In the event the completion of the scope of services/project (to include the work of others) is
delayed or suspended as a result of the Agency's failure to purchase or maintain the required
insurance, the Agency shall indemnify the County from any and all increased expenses
resulting from such delay.
The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within this Agreement.
Competitive Solicitation for Professional Advertising Agency Services—2024
44
2010
RESPONSE FORM
RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
I acknowledge receipt of Addenda No.(s)
I have included:
Proposal Ethics Clause
Non-Collusion Affidavit Drug Free Workplace Form
Local Preference Form Public Entity Crime Statement
Vendor Certification Regarding Scrutinized
Companies List
Affidavit Attesting to Noncoercive Conduct for Labor and Services
In addition, I have included a current copy of the following professional licenses and business
tax receipts:
(Check mark items above, as a reminder that they are included.)
Mailing Address: Telephone:
Fax:
Date:
Signed: Witness:
(Seal)
(Name)
(Title)
Competitive Solicitation for Professional Advertising Agency Services—2024
45
2011
NON-COLLUSION AFFIDAVIT
I of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
I am of the
Agency of the Proposer making the
Proposal for the project described in the Notice of Request for Competitive Solicitations for:
and that I executed the said Proposal with
full authority to do so; and
I. The prices in this Proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as to
any matter relating to such prices with any other Proposer or with any competitor;
2. Unless otherwise required by law,the prices which have been quoted in this Proposal have
not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the
Proposer prior to Proposal opening, directly or indirectly, to any other Proposer or to any
competitor;
3. No attempt has been made or will be made by the Proposer to induce any other person,
partnership or corporation to submit, or not to submit, a Proposal for the purpose of
restricting competition; and
4. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding agreements for said project.
(Signature of Proposer)
(Date)
STATE OF:
COUNTY OF:
Subscribed and sworn to(or affirmed)before me,by means of❑physical presence or❑ online
notarization, on (Date) by
(name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
My Commission Expires:
Competitive Solicitation for Professional Advertising Agency Services—2024
46
2012
ETHICS CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROECOUNT A
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section
3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its
discretion, terminate this Agreement without liability and may also, in its discretion, deduct
from the Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission,percentage, gift, or consideration paid to the former County officer or employee.
(Signature)
(Date)
STATE OF
COUNTY OF
Subscribed and sworn to (or affirmed)before me, by means of❑ physical presence or ❑
online notarization, on (Date)by
(name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
My commission expires:
OMB -MCP FORM#4
Competitive Solicitation for Professional Advertising Agency Services—2024
47
2013
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies
that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under Proposal a copy of the statement specified in Subsection 1.04.
4. In the statement specified in Subsection 1, notifies the employees that, as a condition of
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. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this Section.
As the person authorized to sign the statement, I certify that this Agency complies fully
with the above requirements.
Proposer's Signature Date
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed)before me, by means of❑ physical presence or ❑ online
notarization, on (date)by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
Competitive Solicitation for Professional Advertising Agency Services—2024
4
2014
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on a contract to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a CONTRACTOR, supplier,
subcontractor,or CONTRACTOR under a contract with any public entity,and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
I have read the above and state that neither (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed)before me on
(date) by (name of affiant). He/She is personally
known to me or has produced (type of identification)
as identification.
NOTARY PUBLIC
My Commission Expires:
Competitive Solicitation for Professional Advertising Agency Services—2024
4
2015
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance 004-2015
must complete this form.
Name of Bidder/Responder Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at
least one year prior to the notice of request for bids or proposals? (Please furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from which the vendor
operates or performs business on a day to day basis that is a substantial component of the goods or services being
offered to Monroe County?
(The physical business address must be registered as its principal place of business with the Florida Department
of State for at least one year prior to the notice of request for bid or proposal.)
List Address:
Telephone Number:
B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods, services or constriction to
local businesses meeting the criteria above as to licensing and location?
If yes,please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at
least one year prior to the notice or request for bid or proposal.
2. Subcontractor's physical business address within Monroe County from which the subcontractor operates:
(The physical business address must be registered as its principal place of business with the Florida Department
of State for at least one year prior to the notice of request for bids or proposals)
Tel.Number
Address
Print Name:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
COUNTY OF
On this day of , 20 before me,by means of❑physical presence or❑ online notarization ,
the undersigned notary public, personally appeared known to me to be the
person whose name is subscribed above or who produced as identification, and
acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein
contained.
My commission expires:
Notary Public
(Seal)
Print Name
Competitive Solicitation for Professional Advertising Agency Services—2024
50
2016
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip:
Phone Number:
Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering
into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the
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 Petroleum Energy Sector Lists which were 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 Respondent,I hereby certify that the company identified above in
the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel
List or engaged in a boycott of Israel and for Projects of$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 Petroleum Energy
Sector 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 Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: who is authorized to sign
on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myllorida.com/business operations/state pgrchasing/vendor information/convicted su
s erl Ided discriminatory complaints vendor lists
Competitive Solicitation for Professional Advertising Agency Services—2024
51
2017
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative:
(Name and Title)
Address:
City: State: Zip:
Phone Number:
Email Address:
As a nongovernmental entity executing, renewing, or extending a contract with a government
entity,Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor
does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
l. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any
person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor
or services are pledged as a security for the debt,if the value of the labor or services
as reasonably assessed is not applied toward the liquidation of the debt, the length
and nature of the labor or service are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any
actual or purported passport, visa, or other immigration document, or any other
actual or purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section
893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that
Vendor does not use coercion for labor or services in accordance with Section 787.06.
Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by
same.
Certified By: who is
authorized to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Competitive Solicitation for Professional Advertising Agency Services—2024
`2
2018
To Be Completed and Signed By Proposers lnstu�rance Agency
1NSURAIN 11: ("AJIaIC1KI,IS'..1, FOR V11:INDORS 11SU M!.I"FIN , PROIIOII AI,S
OR BI1I'S FOR.WORK
To assist in the development of your proposal, the insurance coverages marked with an "X"
will be required in the event an award is made to your firm.Please review this form with your
insurance agent and have him/her sign it in the place provided. It is also required that the
bidder signs the requisite form reflecting coverage and submit it with the proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
X Workers' Compensation Statutory Limits
Bodily Injury by Accident/Bodily
Injury by Disease, policy limits/Bodily
Injury by Disease
each employee
WCI Employers Liability $100,000/$500,000/$100,000
WC2 Employers Liability $500,000/$500,000/$500,000
WC3 Employers Liability $1,000,000/$1,000,000$1,000,000
WC1iSLH US Longshoremen & $1000,000
Harbor Workers Act
WCJ A Federal Jones Act $1000,000
Competitive Solicitation for Professional Advertising Agency Services—2024
5
2019
GENERAL LIABILITY
As a minimum,the required general liability coverages will include:
• Premises Operations 0 Products and Completed Operations
• Blanket Contractual - Personal Injury
Required Limits:
GLI $300,000 Combined Single Limit
GL2 $500,000 Combined Single Limit
GL3 $1,000,000 Combined Single Limit
GL4 $2,000,000 Combined Single Limit
GLS $3,000,000 Combined Single Limit
GL6 $4,000,000 Combined Single Limit
GL7 $5,000,000 Combined Single Limit
Required Endorsement:
GLLIQ Liquor Liability
GLS Security Services
All endorsements arc required to have the same limits as the basic pokey.
Competitive Solicitation for Professional Advertising Agency Services -2021
4.
2020
BUSINESS AUTOMOBILE LIABILITY
As a minimum, coverage should extend to liability for:
• Owned; Non-owned; and Hired Vehicles
Required Limits:
VLI $50,000 per Person:$100,000 per Occurrence
$25,000 Property Damage
Or
$100,000 Combined Single Limit
(The use of VLI should be limited to special projects that involve other
governmental entities or"Not for Profit" organizations. Risk Management
must approve the use of this form).
VL2 $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
VL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
BRI Builders' Limits equal to the
Risk Full Replacement Value of the completed
project.
CLI MVC Cyber Liability $1,000,000
Motor Truck Limits equal to the maximum
PRO PR02 Cargo value of any one shipment.
PR03
Professional $ 300,000 per Occurrence $ 500,000 Agg.
POLL Liability $ 500,000 per Occurrence/$1,000,000 Agg.
POL2 $1,000,000 per Occurrencei$2,000,000 Agg.
POL3 POL4
Pollution $ 500,000 per Occurrence/$(1000,000 Agg.
EDt Liability $1,000,000 per Occurrence/$2,000,000 Agg.
ED2 $3,000,000 per Occurrence%$6,000,000Agg.
GKI GK2 $5,000,000 per Occurrence/$10,000,000 Agg.
GK3 Employee $ 10,000
Dishonesty $100,000
Garage $ 300,000 ($ 25,000 per Vehicle)
Keepers $ 500,000 ($100,000 per Vehicle)
$1,000,000 ($250,000 per Vehicle)
Competitive Solicitation for Professional Advertising Agency Services -2021
55
2021
MEDI Medical $ 300,0001'$ 750,000 Agg.
MED2 Professional $ 500,000/'$ 1,000,000 Agg.
MED3 $1,000,000$ 3,000,000 Agg.
N ED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLPI Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of County Property that will
be in the Bailee's possession.
HK.LI Hangar keepers $ 300,000
HK.L2 Liability $ 500,000
HK.L3 $ 1,000,000
HK.L4 $ 5,000,000
AIRI Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AEOI Architects Errors $ 250,000 per Occurrence'$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrencell$1,000,000 Agg.
AE03 $ 1,000,000 per Occurrence:$3,000,000 Agg.
AE04 $ 3,000,000 per OccurrenceS5,000,000 Agg.
ARP All Risk Property Full Replacement Value of Structure
EOJ Engineers Errors $ 250,000 per Occurrence:$ 500,000 Agg.
E02 & Omissions $ 500,000 per Occurrence'$1,000,000 Agg.
E03 $ I,000,000 per Occurrence:$2,000,000 Agg.
E04 $ 5,000,000 per Occurrence:Y0,000,000 Agg.
WLl Water Craft $ 500,000 per Occurrence
WL2 Liability $ 1,000,000 per Occurrence
Competitive Solicitation for Professional Advertising Agency Services -2021
56
2022
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy,
Policy Deductibles
Liability policies are ❑Occurrence ❑Claims Made
Insurance Agency Signature
BIDDERS
STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in
full with all the requirements.
Bidder's Name and Title Sigtiaftlre
CompanyName:.............................................................................................................................................................................................................................................................................................................................................................
57
Competitive Solicitation for Professional Advertising Agency Services -2021 2023