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HomeMy WebLinkAboutItem D3 D3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting June 18, 2025 Agenda Item Number: D3 2023-4108 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Kara Franker N/A AGENDA ITEM WORDING: Approval of an Agreement with Longwoods International, USA, Inc. for Visit Florida Keys Brand Study. ITEM BACKGROUND: In response to our strategic need for a comprehensive brand health and perception study, two proposals were received: one from Longwoods International and another from Downs & St. Germain Research. After reviewing both options, we recommend moving forward with Longwoods International's Brand Health&Image Assessment. Longwoods' proposal is priced at a flat $60,000 and includes a full brand image assessment across up to five competitive destinations, deep segmentation by market type (fly vs. drive), and testing of up to 22 advertising creatives for recall and effectiveness. In addition to these standard components, Longwoods includes its proprietary "Halo Effect" study at no additional costa $21,000 added value. This feature measures how our tourism marketing influences perceptions of the Keys as a place to live, work, invest, and retire, expanding the reach of the study into economic development. By contrast, the Downs & St. Germain proposal offers a flexible budget range of$42,000 to $83,000 depending on sample size and qualitative focus group scope, but does not include any measure of advertising impact or economic development perception. While DSG provides strong qualitative support and customizable methodology, the Longwoods proposal offers more robust benchmarking, advertising ROI, and a nationally validated methodology recognized by legislators, media, and academics alike. The Longwoods study delivers added strategic value and aligns with our goals of measuring the effectiveness of our marketing and its extended influence beyond tourism. The attached proposal outlines the full scope of work and deliverables. This item has been placed on the June 17, 2025 TDC meeting agenda for approval. PREVIOUS RELEVANT BOCC ACTION: 1227 INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: New Agreement GPJ 6/3/25 -per CLB, insurance not historically requested for studies of this scope and size. insurance requirements waived on that basis STAFF RECOMMENDATION: Approval DOCUMENTATION: Longwoods Agreement and Addendum.pdf FINANCIAL IMPACT: 115-75038-SC00039 $60,000 1228 llllllllllllllllllllllllllllll'', � � IIIII ���IIII I/Ulll1l1l11�1�1ll11lN Ilrlf///� % NlJ Visit Florida Keys 2025 Brand ft � mage Assessment � , ay 2025 i i I ���„ 1� III Ill 111 t � 1 1 a I r 1 I I r 1 I 11 1 i / r f io i / r r / f 6 l i i i r . ............... / f i r r 122 9 1 / ���J1 �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�����IIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII������IIIIIII���///�//��///��,/a�0%//////////%/�%%%////%Dl��� � �/������� , , ���������%, oingwoods hnteirinational Executive Summary Longwoods International is a leading destination tourism market research partner that helps industry clients meet their objectives through our exceptional team, best-in-class strategic partners, groundbreaking research, thought-leading insights and excellent counsel and service. Established in 1978 as a market research consultancy, Longwoods has grown into a respected leader within the travel and tourism industry. With headquarters in Columbus, Ohio and Toronto, Canada, and offices in Idaho, Illinois, Indiana, Michigan, New York, North Carolina, Tennessee, and Wisconsin, Longwoods International conducts strategic market research for public- and private-sector clients, primarily in the United States and North America. Upon its founding, Dr. Siegel made his mission simple; develop and execute the most credible, accurate, quality tools and experiences for all aspects of travel marketing research needs. The depth and breadth of travel industry experience in Longwoods leadership is further strengthened by President and CEO Amir Eylon, a seasoned veteran of the travel and tourism industry with over 30 years of experience. The cornerstone for most market research companies is data collection, be it through online surveys, focus groups, and one-on-one interviews. Longwoods, on the other hand, is an added- value consultancy that is independent of fieldwork. We work with major multinational firms to collect the highest quality data using the most appropriate methodology available. We then apply our expertise to move beyond numbers to strategic insight that helps guide clients' marketplace success. Longwoods has developed a science-based, peer-reviewed methodology for measurement. Soundly grounded in scientific principles, our research methodologies have been peer-reviewed, intensely scrutinized by legislators and the media, and critically evaluated by academics and economists. Longwoods is known for a multitude of destination marketing services, especially: • Brand Health and Image Assessment of destinations to uncover the hot buttons that are the true drivers of consumer preferences and purchase behavior. • Destination advertising awareness, return-on-investment on advertising campaigns, and measuring the impact of advertising on a destination's overall image as a leisure trip across over 40 specific attributes. • "Halo Effect" of destination advertising on the wider field of economic development. • Overnight and day visitor profiles, including visitor volumes and expenditures, through Travel USA°, the largest American domestic travel study, begun in 1990. • Resident sentiment research, which investigates both practical and emerging/growing concerns among residents in a destination, including topics such as economic development, perceived environmental impacts, overtourism, and quality of life. • Qualitative research, including focus groups and stakeholder interviews. • Consulting work for destinations. • Custom research. www.11ongwoods-iinfll.corn 2 12 u i i f f f / r �r 30 Brand Health n With an award-winning methodology rooted in the science of experimental psychology, Longwoods International's Brand Health & Image Assessment uncovers the true drivers of consumer preferences and purchase behavior. Our research has demonstrated that advertising which pushes the right emotional hot buttons can be over 100 times more effective in terms of ROI than creative which misses the emotional mark. In our Brand Health & Image Assessment, we will compare the Florida Keys with up to five competitors of your choice. We will analyze how your destination measures against up to 35 primary and secondary drivers known to motivate travelers when making trip selections. Additionally, we will test awareness and recall of up to 22 individual advertisements featured in a recent campaign. WITH LONGWOODS' BRAND HEALTH & IMAGE ASSESSMENT YOU WILL: • Discover the hot buttons both emotional and rational that motivate consumers in your market. • Determine your destination's strengths and weaknesses compared to your competition. • Leverage insights to help craft impactful brand messages that are in line with the priorities of consumers. The image data gathered in this study will help keep Visit Florida Keys informed of competitive dynamics in an ever-changing marketplace and thereby provide insights to help fine-tune marketing strategies and messaging. The study will specifically profile: • The key travel motivators for Visit Florida Keys' advertised markets. • The image of the Florida Keys in the areas that are important to travelers. • Visit Florida Keys' image strengths and weaknesses versus competitors. • Visit Florida Keys image versus its product delivery, as inferred from the image ratings of respondents who have visited the Florida Keys. • Interest in visiting the Florida Keys vs. competitors. www.11ongwoods-iinfll.corn 12 u i i f f 3 1 f / r �r Advertising Impact on Economic Development Beyond Tourism :, "Halo Effect" Longstanding research has demonstrated that tourism advertising and the visitation it inspires have a positive impact on consumers' image of a destination as a place for leisure travel and recreation. In 2014, Longwoods pioneered the groundbreaking "Halo Effect" research that expands on this by measuring the impact of tourism marketing and visitation on a destination's image across major economic development indicators. By quantifying the impact, the "Halo Effect" study helps destinations understand how tourism advertising not only attracts visitors and revenue but also enhances the destination's image for residency, employment, entrepreneurship, and education. Longwoods International's "Halo Effect" research evaluates how tourism marketing and visitation influence perceptions of a destination in areas including but not limited to: • "A good place to live." • "A good place to start a business." • "A good place to start a career." • "A good place to attend college." • "A good place to retire." • "A good place to purchase a vacation home." Ultimately, it empowers Destination Organizations to establish themselves as the brand leader for their destination. The methodology is straightforward — by incorporating several image rating statements that cover the economic development objectives listed above, we analyze the impacts of advertising recall, recent visitation, and the combination of ad awareness plus visitation on your destination's image in these areas. Longwoods will include the "Halo Effect" study at no additional cost to Visit Florida Keys as part of the Brand Health Assessment study. www.11ongwoods-iinfll.corn 4 12 u i i f f 3 2 f / r �r Methoddogy The online survey will be conducted using a consumer internet panel, balanced statistically to match the population on key demographic variables, with respondents randomly selected from among the panel's 18+year old members living in Visit Florida Keys' selected key advertising markets to ensure a truly representative sample. 1,000 qualified respondents will meet the following qualifications: 18 years of age or older. Took a leisure trip in the past 3 years and intend to do so in the next 2 years. Residing in Visit Florida Keys' target markets: 0 500 from the Fly Market DMA: o Primary: New York, Chicago, Washington, D.C.(Hagerstown) and Boston (Manchester) o Secondary: Dallas/Ft. Worth, Atlanta and Nashville 0 500 from the Drive Market DMAs: o Miami/Fort Lauderdale, Tampa-St. Petersburgh (Sarasota), Orlando- Daytona Beach- Melbourne and West Palm Beach- Ft. Pierce At the survey tabulation stage, the data will be weighted back to correct relative proportions based on actual population distribution within the markets in terms of key demographic characteristics. This will ensure the reported results are representative of and projectable to the population surveyed. I he Questionnaire For this study we will use a 20-minute survey, designed to measure: • Interest in visiting the Florida Keys vs. competitors. o Past visits to the Florida Keys and five competing destinations, including any visit in the past and those specifically within the last two years. o Future Travel Intentions: Assessing respondents' likelihood of visiting the Florida Keys and the competitor destinations in the future. • Analyzing image/perceptions of the Florida Keys and up to five competitive destinations on various attributes (up to 35 key leisure attributes) identified by Visit Florida Keys. o The key travel motivators for Visit Florida Keys' advertised markets. o The hot buttons both emotional and rational that motivate consumers in Visit Florida Keys' target market. o Florida Keys' image strengths and weaknesses versus competitors. o Florida Keys' image versus its product delivery, as inferred from the image ratings of respondents who have visited the Keys. • Awareness of advertising: Testing awareness and recall of up to 22 individual advertisements featured within the survey. o Sustained awareness of your campaign. o The reputational lift of Visit Florida Keys' campaign. • Impact of Visit Florida Keys' marketing efforts on economic development initiatives. (i.e. "Halo Effect") www.11ongwoods-iinfll.corn 5 12 u i i f f f / r �r 33 Prior to fieldwork, Longwoods International will submit a draft questionnaire for your input and approval. The survey will be pre-tested for length and comprehension, prior to full-scale fieldwork. Awareness of Visit Florida Keys' advertising (which may include broadcast, print, digital, audio, social media, etc.) will be measured by asking respondents if they remember seeing/hearing examples of the ads. Respondents will be exposed to jpegs of print/stationery online/outdoor ads (photos of bus boards, on-building projections, roadside displays, etc.), mpegs of video material/media-rich banners, etc. We will need high quality electronic copies of ads for inclusion in the survey. This exposure takes place at the end of the survey, after all attitudinal and behavioral information has been gathered, so as not to bias responses to those with prior advertising exposure. We use this aided recognition technique to minimize potential confusion with ads of other destinations/advertisers that may be similar. The average timeline for this project, which includes Brand Health & Image Assessment and "Halo Effect," is 13-15 weeks. Longwoods will work closely with Visit Florida Keys through the survey and study development phases to facilitate on-time fielding based on an agreed-upon project timeline. Below is a SAMPLE project schedule. • Weeks 1 - 3: Project Kick Off, Draft Questionnaire o Longwoods International and Visit Florida Keys will commence a project kick- off call o Visit Florida Keys will provide Longwoods with campaign assets o Maximum of 22 advertising assets o Longwoods International will start the survey process by working with Visit Florida Keys to design a draft questionnaire. • Weeks 4- 6: Pre-testing, Programming of the Survey o Visit Florida Keys will provide input and final approval prior to programming and fielding. o The survey will be pre-tested for length and comprehension, prior to full-scale fieldwork. • Weeks 7 - 9: Fielding of the Survey o The survey will remain in the field for approximately 2 weeks. • Weeks 10 - 15: Research and Reporting o The processing, analysis, and reporting outlined in this proposal will take approximately 5 to 7 weeks to complete after the survey exits the field. o Final deliverables noted below will be provided to Visit Florida Keys. www.11ongwoods-iinfll.corn 12 u i i f f f / r �r 4 3 Deliverables to be provided by Longwoods International to Visit Florida Keys are outlined below: • A detailed final report of the overall Brand Health & Image Assessment, including separate reporting breakouts for fly markets, drive markets, and the total market (combined fly+ drive). o Key metrics broken out by market type (fly vs. drive) will include: o Overall destination awareness o Image ratings (percentage who strongly agree with each image statement) o Past visitation (within the past 2 years and ever) o Intent to travel in the next 12 months • A detailed final report of the "Halo Effect" of Visit Florida Keys' marketing efforts on the overall economic impact on the Keys. • A formal presentation of results via webinar. IrIIIn The total price of the Brand Health & Image Assessment is $60,000 including any applicable discounts and added value. These costs include all aspects of the study and survey design, fieldwork, data tabulation, and analysis/reporting. These are firm, all-inclusive costs that cover the entirety of the projects. Price 2025 Brand Health & Image Assessment $60,000 2025 "Halo Effect" Study $21,000 "Halo Effect" report will be provided as added value, free of charge ($21,000) Total Cost $60,000 www.11ongwoods-iinfll.corn .7 12 u i i f f f / r �r 35 Signature Page THIS AGREEMENT ("Agreement") is made this day of 2025 (the "Effective Date), by and between Monroe County Board of County Commissioners "MCBOCC", "subscriber/licensed user", having an address at 1100 Simonton Street, Key West, FL 33040 and Longwoods International, "Longwoods", having an address at 4030 Easton Station, Suite 300, Columbus, OH 43219. Upon signing this agreement Monroe County Board of County Commissioners will be required to pay Longwoods International as outlined in this Agreement in accordance with the following schedule: To Be Invoiced Upon Delivery of Each Stage of the Amount Due Brand Health & Image Assessment Draft Questionnaire and campaign asset tracker $15,000 Final approval on questionnaire prior to programming $15,000 Fielding of the Survey to 1,000 qualified respondents $15,000 Delivery of final Brand Health & Image Assessment and "Halo Effect" $15,000 report TOTAL $60,000 Subscriber/Licensed User shall pay each invoice in full upon receipt. Any unpaid balances past due 30 days or more shall be subject to a financing charge of 1 %Z % per month. The pricing cited in this agreement is valid for 60 days. IN WITNESS WHEREOF, the parties have signed this Agreement as of the effective Date and the persons signing represent that they are properly authorized to sign this Agreement on behalf of the respective parties. Monroe County Board of County Commissoners Longwoods International By: By: Printed Name: Printed Name: Title: Title: Date: Date: www.11ongwoods-iintll.coirn S 12 u i i f f f / r �r 36 Addendum Monroe County Contract Terms and Conditions The Monroe County Board of County Commissioners (herein after"County"or-Customer') and Longwoods International USA, Inc. (herein after"Company") agree as set forth below. The County and Company hereby enter into this addendum to the Executive Summary" Agreement). and agrees to the following: The Agreement includes and incorporates the Executive Summary and this Addendum.Where the terms " FL Keys & Keys West" or " The Florida Keys & Key West" is referenced in the Quote, Invoice, or Terms & Conditions it shall mean the County. To the extent that any terms conflict, the language as set forth in this Addendum shall supersede any other terms and shall be binding. The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with Chapter 119, Florida Statutes. Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act. Company shall submit to the County invoices with Supporting documentation that are acceptable to the Monroe County Clerk of Court and Comptroller (Clerk). Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The County'9 performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. The County s'indemnification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida Statutes. This Agreement shall not exceed $150,000.00. Any automatic renewal is subject to this not to exceed amount of$150,000.00. This Agreement is subject to the approval of the Agreement by the County. No valid contract exists, and no payment shall be made until approved by the Monroe County Board of County Commissioners. Maintenance of Records: Company shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five years following the termination of this Agreement. If an auditor employed by the County or the determines that monies paid to Company pursuant to this Agreement were spent for purposes not authorized by this Agreement, Company shall repay the monies 1 1237 together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Company. Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the Customer and Company agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. Attorney's Fees and Costs: The Parties agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement,the prevailing parry shall be entitled to reasonable attorney's fees and court costs, as an award against the non-pre prevailing parry, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Nondiscrimination: The Parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. The Parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC ss.1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age;5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,ss. 523 and 527(42 USC ss. 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale,rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Public Records Compliance. Company must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Company shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Customer and Company in conjunction with this contract and related to contract performance. The Customer shall have the right to 2 1238 unilaterally cancel this contract upon violation of this provision by Company. Failure of Company to abide by the terms of this provision shall be deemed a material breach of this contract and the Customer may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing parry, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Company is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Customer and Company in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-parry claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Company agree that neither the Customer nor the Company or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer,agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. E-Verify System - In accordance with F.S. 448.095, Any Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's F-Verify system to verify the work authorization status of all new employees hired by the Company during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Honicland Security's :E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Agreement term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. Company shall comply with and be subject to the provisions of F.S. 448.095 COUNTY FORMS. By signing this Agreement, Company has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Drug-Free Workplace Statement, Vendor Certification Regarding Scrutinized Companies List and Affidavit Attesting To Noncoercive Conduct For Labor Or Services as set forth in more detail in this Agreement. Public Entity Crime Statement Company certifies and agrees that Company nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a 3 1239 public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal or reply on contracts to provide any goods or services to a public entity,may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals or replys on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, Company or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, Company represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from Customer's competitive procurement activities. In addition to the foregoing, Company further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime"regardless of the amount of money involved or whether Company has been placed on the convicted vendor list. Company will promptly notify the Customer if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the con icted "enclor list. Ethics Clause By signing this Agreement, Company warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. For breach or violation of this provision the Customer may, in its discretion, terminate this Agreement without liability and may also,in its discretion,deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee,commission,percentage,gift, or consideration paid to the former County officer or employee. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Company agrees and certifies compliance with the following: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. 4 1240 As the person authorized to sign on behalf of Company, I hereby certify that the company identified above is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site: 11g1i M// !ww,(hw, i �ydl�jjd<b_coiii/bljsjr I ,mmZ lia lorl ,/"I"it m -d- a <b_a-- - -v - Non-Collusion Affidavit Company by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of Company, the bidder making the Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly,to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES COMPANY is required to provide an affidavit under penalty of perjury attesting that COMPANY 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: 1. 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 5 1241 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 II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of COMPANY, I certify under penalties of perjury that COMPANY does not use coercion for labor or services in accordance with Section 787.06. Additionally, COMPANY has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Longwoods International Signatur Title hoV-, Date 6 1242