HomeMy WebLinkAboutItem D08 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District z
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District 1
James K. Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: D8
26-1206
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: N/A STAFF CONTACT: Ammie Machan
AGENDA ITEM WORDING: Approval of an Agreement with Axis Travel Marketing, LTD for
International Public Agency services from May 1, 2026 to September 30, 2029, with an option to
extend an additional two-year period in an amount not to exceed S 182,400/year plus reimbursable
expenses from fund 115.
ITEM BACKGROUND:
A Request for Proposals for an International Public Relations (PR) Agency was issued on November
15, 2025 with a deadline of receipt of proposals of December 17, 2025.
The Selection Committee met on January 27, 2026, to review the proposals received. The Selection
Committee ranked the proposals based upon the proposal and presentations made by the proposers.
LMA Communications was scored as the highest ranked respondent and offered to provide Canadian
PR Services. Axis Travel Marketing was scored as the second highest ranked respondent and offered
to provide European PR services.
TDC approved same at their meeting of February 12, 2026.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED: Yes
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION
Approval
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: May 1, 2026
Expiration Date: September 30, 2029
Total Dollar Value of Contract: $444,400
Total Cost to County:
Current Year Portion: $76,000
Budgeted:
Source of Funds: 115
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
International Public Relations Agency Agreement
THIS AGREEMENT (Agreement), made and entered into this day of
, 2026, A.D., by and between Monroe County, Florida, (hereinafter called
the County), and Axis Travel Marketing Limited LLC (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 2025 for
International Public Relations services as outlined in the attached scope of services; and
WHEREAS, Contractor has been selected to provide International Public
Relations 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
International Public Relations Agency services be entered into with Contractor, and
WHEREAS, County desires to enter into this Agreement for international public
relations 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 approximately three (3) years
beginning May 1, 2026 and expiring on September 30, 2029. 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 and Compensation. The Contractor and the international public
relations 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 VFK for their record, and the TDC
shall be informed of any changes in Contractor's assigned personnel.
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 an Account Manager who will devote such time
and effort as necessary to the account on a priority basis, including emergency
situations when required. Duties of the Account Manager 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
international public relations 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 advertising, domestic public relations, social
media 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 international public relations program for the
Florida Keys.
e) Contractor shall formulate and recommend international public relations plans
based on written objectives established within the TDC marketing plan and review
on a regular basis. If necessary, contractor shall order media, paid social media
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 international public relations
projects, production and materials from VFK CEO or other designee.
g) Contractor shall have all media and paid social media costs 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
international public relations 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. Clients: Contractor will provide a list of Contractor's existing client accounts. Contractor
will further advise the VFK of all new clients. If the VFK CEO or TDC finds that
representation of other clients adversely effects performance of the Scope of Services,
the TDC may recommend any action to the County available under this Agreement or
Florida Law. .
4. Materials: All plans, details, work papers, and creative materials and other documents
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.
5. Compensation: Compensation shall be paid, subject to availability of Tourist
Development Tax Funds and approved purchase orders, as set forth in Attachment A
Scope of Services and Compensation. 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.
6. 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. All pass-through costs, as
approved by VFK or TDC, will be reimbursable. Travel, as approved, shall be reimbursed
to the Contractor, but only to the extent and in the amounts authorized by Section
112.061, Florida Statutes and in accordance with Monroe County Code Chapter 2, Art.
III, Div 3 and Monroe County Travel Policies, as amended.
A. All travel is subject to approval and must comply the amounts
authorized by Section 112.061, Florida Statutes and in accordance with Monroe County
Code Chapter 2, Art. III, Div 3 and Monroe County Travel Policies, as amended.
7. 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 VFK CEO of which vendor to select.
8. 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.
9. Invoices:
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. To
ensure Clerk's Office compliance and timely payment, standing out-of-pocket
purchase orders will be established for recurring reimbursables.
5) The Contractor understands and agrees that in any project the Contractor will
need to prepare and submit a 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. Contractor shall
submit invoices with supporting documentation that are acceptable to the 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
10. 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,
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 service
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.
11. 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. All
financial records and receipts from international vendors must be submitted in English,
with USD conversion provided at the exchange rate in effect at the time of transaction.
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 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, etc.); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated
settlements); back charge 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.
12. 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.
(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 section119.10, 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, AT PHONE# 305-292-3470
PUBLICRECORDS(d-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE, 1111 12T" STREET, SUITE 408, KEY WEST, FL 33040.
13. 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.
14. 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.
15. 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.
16. Assignment/Subcontract: Except as provided for in the scope of service which
provides for certain services to be subcontracted to Get It Across, 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 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.
17. 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.
18. 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.
19. 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.
20. 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#102
Key West, FL 33040
FOR COUNTY: Christine Limbert-Barrows,
Assistant County Attorney
PO Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR: Emma Cashmore
Axis Travel Marketing Limited LLC
Riverside House, River Lawn Road
Tonbridge TN9 1 EP
United Kingdom
21. 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.
22. 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.
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.
23. Governinq 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 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 party 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.
24. 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.
25. Authority: 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.
26. 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.
27. 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.
28. 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 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.
29. 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.
30. 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.
31. 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.
32. 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 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-V1, 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
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). 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.
33. 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/Project;(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.
34. 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.
35. 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.
36. 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.
37. 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.
38. County Forms: By signing this Agreement, Contractor has sworn or affirmed to the
following requirements as applicable as set forth in the Ethics Statement, Vendor
Certification Regarding Scrutinized Companies List, Non-Collusion Affidavit and Affidavit
Attesting To Noncoercive Conduct For Labor Or Services as set forth in more detail in
this Agreement.
Ethics Clause: By signing this Agreement, Contractor 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 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.
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS:
Contractor agrees and certifies compliance with the following:
Section 287.135, Florida Statutes prohibits a Contractor 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 Contractor 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
Contractor from bidding on, submitting a proposal for, or entering into or renewing a
contract for goods or services of $1,000,000 or more, if the Contractor/company is 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 and is
not on the State Board of Administration's "Scrutinized List of Prohibited Companies"
available under the quarterly reports section at Pub: .)s, // . li") fIIIn .(.,or�rn/ir°o. iriliiirnc/.
As the person authorized to sign on behalf of Contractor, I hereby certify that the
Contractor 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 or on the Scrutinized List of Prohibited Companies.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false
certification may subject Contractor 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 Contractor 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 or on the Scrutinized List of Prohibited Companies.
Note: The List are available at the following Department of Management Services Site:
llll niriii �= . irm:/I n� .iiiirnc: : cra I:lcirn / taite rn lln �.°.i /v u,idoir liiriforirnr�aflo
u �w Hui n~��. ui
:n/coinvlii to .. :.r3l oindgd discirliiirnliiinn:Ito iry.� ��ir:rn llln:liiints veridoiu° Illists
Non-Collusion Affidavit: Contractor 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 Contractor, 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:
CONTRACTOR is required to provide an affidavit under penalty of perjury attesting that
CONTRACTOR 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 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 CONTRACTOR, I certify under penalties of
perjury that CONTRACTOR does not use coercion for labor or services in accordance
with Section 787.06. Additionally, CONTRACTOR has reviewed Section 787.06, Florida
Statutes, and agrees to abide by same.
ICI 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
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
CHRISTINE LIMBERT•BARROWS
SR.ASSISTANTCOUNTY ATTORNEY
DATE._4/1126-...1
Axis Travel Marketing Limited LLD
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GOLGATE A T
By 't7
7.2 5
° )'
Verification of Liability Insurance
We hereby certify that the following liability insurance is in force at this date.
Policy number: 2279/02047617/2025/004
1. Insured: Axis Travel Marketing Ltd
2. Date of inception: 13th May 2025
3. Date of expiry: 12th May 2026
4. Employers liability: No less than £5,000,000
5. Public and products liability: £5,000,000
6. Insurer: Hadron UK Insurance Company Limited (100%)
This document is furnished as a matter of information only. The issuance of this document does not make the person
or organisation to whom it is issued an additional insured, nor does it modify in any manner the policy coverage.
Should the above mentioned contract of insurance be cancelled, assigned or changed during the policy period
mentioned above in such as to affect this document, no obligation to inform the holder of this document is accepted
by the undersigned or by the Underwriters.
Dated this 12th day of May 2025
Signed for and on behalf of Hadron UK Insurance Company Limited (100%)subscribing to the above policy
(Authorised Insurers)
Your insurance is underwritten&administered by Folgate Underwriting.Folgate Underwriting is a trading name of Folgate Underwriting Agency Ltd registered in England and Wales No.2852425
Authorised and regulated by the Financial Conduct Authority under reference number 304782.
Date 12/05/2025 @ 17:38 Quotation Number 2279/02047617/2025/004 Page 1 of 1
1 T
OU N 1) E R W R II' ll N G WAMP Ill
OLGATE DATT;_�
Certificate of Employers' Liability Insurance
(A copy or copies of this certificate must be displayed at each place of business at which the policyholder employs
persons covered by this insurance. This requirement will be satisfied if the certificate is made available in electronic
form and each relevant employee to whom it relates has reasonable access to it in that form).
Policy number: 2279/02047617/2025/004
Name of policyholder: Axis Travel Marketing Ltd
Date of commencement of insurance: 13th May 2025
Date of expiry of insurance: 12th May 2026
We hereby certify that subject to point 2 below:
1. The policy to which this certificate relates satisfies the requirements of the relevant law applicable in Great Britain,
Northern Ireland, the Isle of Man,the Island of Jersey, the Island of Guernsey,the Island of Alderney; and
2. the minimum amount of cover provided by this policy is no less than£5,000,000.
Signed for and on behalf of Hadron UK Insurance Company Limited (100%)subscribing to the above policy.
Authorised Signatory
Dated this 12th day of May 2025
IMPORTANT
It is strongly recommended that you store this Certificate in a secure place as a record of insurance as you may still
be liable for claims after the expiry of this insurance for many years.
Folgate Underwriting, 80 Leadenhall Street, London, EC3A 3DH.
: +44 (0)20 7256 3100
Your insurance is underwritten&administered by Folgate Underwriting.Folgate Underwriting is a trading name of Folgate Underwriting Agency Ltd registered in England and Wales No.2852425
Authorised and regulated by the Financial Conduct Authority under reference number 304782.
Date 12/05/2025 @ 17:38 Quotation Number 2279/02047617/2025/004 Page 1 of 1
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements,be waived or modified on the following contract or purchase.
Contractor/Vendor: Axis Travel Marketing, LTD
Project or Service: International Public Relations Agency
Contractor/Vendor Riverside House, River Lawn Road
Address&Phone#:
Tonbridge, TN9 1 EP
General scope of work: Provide International Public Relations Agency
Services for Monroe County TDC
Reason for Waiver or Organization is unable to list Monroe County as
Modification: Additional Insurance on General Liability or provide Profession Liability insurance and have
provided the coverage they are able to obtain
Policies Waiver or
Modification will apply to: General Liability and Professional Liability
Signature of Requester: Ll,;t
Date: 4/2/26 Approved _ET Not Approved
Per TDC,mission-critical vendor that has
Risk Management Signature:_ � . .2 declined to provide insurance recommended by
Risk.Waiver is approved to accommodate TDC
Date: 04/06/26 operational need
County Administrator appeal:
Approved: Not Approved:
Date:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting Date: