HomeMy WebLinkAboutItem D04 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
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
June 10, 2026
Agenda Item Number: D4
26-32129
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: N/A STAFF CONTACT: Ammie Machan
AGENDA ITEM WORDING: Approval of an Agreement with Laura Meyers Ink. LLC for
freelance writing services for the Tourist Development Council, retroactively effective to October 1,
2025. This is paid from TDC fund 115.
ITEM BACKGROUND: The ability of the Florida Keys News Bureau to deliver timely, high-quality
media coverage depends on having qualified vendors under contract who can provide services as
needed, without requiring a separate agreement for each assignment.
This vendor has been utilized for News Bureau coverage following the conclusion of the NewmanPR
contract in January 2025.
TDC approved at their meeting of February 4, 2026.
This is being procured under the Tourism Professional exemption under the TDC Operations Manual.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED: Yes
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATION Approval
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: October 1, 2025
Expiration Date: September 30, 2029
Total Dollar Value of Contract: Not to exceed$100,000
Total Cost to County:
Current Year Portion: Not to exceed $100,000
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:
AGREEMENT FOR ON-CALL TOURISM PROFESSIONAL SERVICES
FOR
FREELANCE WRITING SERVICES
This Agreement ("Agreement") made and entered into this day of 2026 by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as
"COUNTY," through the Monroe County Board of County Commissioners ("BOCC"),
AND
Laura Myers Ink,LLC,a Florida Limited Liability corporation,whose address is 1801 S Surf Road
Unit 34 Hollywood FL, 33019, its successors and assigns, hereinafter referred to as
"CONSULTANT" OR"CONTRACTOR",
WITNESSETH:
WHEREAS, COUNTY desires to employ CONSULTANT for on call tourism professional
services which due to their unique skill set and/or artistic qualifications provides an exclusive skill
or value for a particular marketing and promotional projects (Project); and
WHEREAS, CONSULTANT has agreed to provide freelance writing services which will be used
for content creation for general marketing as needed for the promotion of tourism as set forth in
more detail in Attachment A;
WHEREAS, the tourism professional services required by this Contract will be for services in the
form of a on call/continuing contract, commencing the effective date of this agreement and ending
four years thereafter, with options for the County to renew for one additional 1 year period; and
WHEREAS, specific services will be performed pursuant to individual task orders issued by the
Monroe County Tourist Development Council or 3406 North Roosevelt Blvd. Corporation d/b/a
Visit Florida Keys (VFK) and agreed to by the CONSULTANT. Task Orders will contain specific
scope of work,time schedule,charges and payment conditions,and additional terms and conditions
that are applicable to such Task Orders; and
WHEREAS, Task Orders can be approved in accordance with the TDC Operations Manual
Purchasing Authority (Task Order up to $34,999.99 can be approved by the Department Director;
Task Orders of $35,0004100,000 require TDC and VFK CEO approval and Task Orders of
$100,000.01 require BOCC approval); and
WHEREAS, the approved Task Order shall constitute the COUNTY's written authorization to
CONSULTANT to proceed with the services described in the Task Order; and
WHEREAS, the terms and conditions of this Agreement shall apply to each Task Order, except to
the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the
Article of this Agreement to be modified will be specifically referenced in the Task Order and the
modification shall be precisely described;
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NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
ARTICLE 1
REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
1.1.2 As applicable, the CONSULTANT has become familiar with the Project site and the local
conditions under which the Work is to be completed.
1.1.3 The CONSULTANT shall prepare all documents required by this in such a manner that
they shall be in conformity and comply with all applicable law, codes and regulations. The
CONSULTANT warrants that the documents prepared as a part of this Contract will be
adequate and sufficient to accomplish the purposes of the Project
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards
to their performance and those directly under their employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT 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 Board to terminate this
contract immediately upon delivery of written notice of termination to the CONSULTANT.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County Commissioners for Monroe
County. No statement contained in this agreement shall be construed so as to find the
CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of
the Board of County Commissioners for Monroe County.
ARTICLE II
SCOPE OF BASIC SERVICES
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2.1 SCOPE OF WORK
The CONSULTANT will perform for the COUNTY services as described in individual Task
Orders in accordance with the requirements outlined in this Agreement and the specific Task Order.
The individual Task Order shall include the effective date, completion period, scope of work and
payment details for completion of the assigned project.
Task Orders up to $34,999.99 can be approved by VFK Department Director; Task Orders of
$35,000-$100,000 require TDC and VFK CEO approval and Task Orders of$100,000.01 require
BOCC approval in accordance with the TDC Operations Manual.A Sample Task Order is attached
hereto as Attachment B.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its
subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Ms. Kara Franker, CEO/President
3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida Keys (VFK)
1201 White St. Suite 102
Key West, Florida 33040
And: Ms. Christine Hurley
Monroe County Administrator
1100 Simonton Street, Room 2-205 Key West, Florida 33040
For the Consultant:
Laura Myers
Laura Myers Ink, LLC
1801 S Surf Road Unit 34
Hollywood FL, 33019
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the Visit Florida Keys
President/CEO before commencement.
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3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing
the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee
proposal to perform the requested services. Only after receiving an amendment to the Agreement
and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional
Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY and VFK shall provide full information regarding requirements for the
Project.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner in
order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S
services.
4.3 The COUNTY shall provide copies of necessary documents required to complete the
Project.
4.4 Any information that may be of assistance to the CONSULTANT that the COUNTY has
access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe
County Tourist Development Council and Monroe County Board of County Commissioners, its
officers and employees from any and all claims, liabilities, damages, losses and costs, including
but not limited to, reasonable attorneys' fees, arising out of, in connection with, or by reason of
services provided by the CONSULTANT, or any subcontractor(s) in any tier and other persons
employed or utilized by the CONSULTANT in the performance of the contract occasioned by the
negligence, errors or other wrongful act or omission.
5.2 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses
resulting from such delays.
5.3 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.4 This indemnification shall survive the expiration or early termination of the Agreement.
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ARTICLE VI
PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
proj ect.
ARTICLE VII
COMPENSATION AND TERM
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A. This Agreement, which includes the cumulative value of all individuals Task
Orders, shall not exceed $100,000.00 without an amendment to this Agreement approved by the
BOCC.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties,obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local
Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by
amendment to this Agreement after execution of this Agreement, compensation due to the
CONSULTANT shall be equitably adjusted, either upward or downward;
(B) As a condition precedent for any payment due under this Agreement, the CONSULTANT
shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to
COUNTY requesting payment for services properly rendered and reimbursable expenses due
hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service
rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of
the Project approved in writing.
a. Travel Expenses including but not limited to mileage, meal per diem and overnight
accommodations, submitted by CONSULTANT,in writing and as authorized by Visit Florida Keys
Staff, will be reimbursement but only to the extent and in the amounts authorized by Section
112.061, Florida Statutes and Monroe County Code, Chapter 2,Article III, Division 3-Travel, Per
Diem, Meals and Mileage Policy;
b. Cost of reproducing materials used in performing the scope of services;
C. Postage and handling of reports;
7.4 BUDGET
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7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year
(October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted
amount may only be modified by an affirmative act of the COUNTY's Board of County
Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
7.5 TERM
7.5.1 The term of this agreement shall be for a four years effective period retroactively
commencing on October 1, 2025 and terminate on September 30, 2029.
7.5.2 The agreement may be extended for an additional one(1)year period upon mutual agreement
of both parties.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the project(to
include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to
purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY
from any and all increased expenses resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of
VI or better, that is licensed to business in the State of Florida and that has an agent for service of
process within the State of Florida. The coverage shall contain an endorsement providing sixty
(60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall
be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the
COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Professional Liability with minim limits of$300,000 per occurrence/$5 00,000 Aggerate
B. CONSULTANT shall require its subconsultants to be adequately insured at least to the
limits prescribed above,and to any increased limits of CONSULTANT if so required by COUNTY
during the term of this Agreement. COUNTY will not pay for increased limits of insurance for
subconsultants.
C. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The COUNTY
reserves the right to require a certified copy of such policies upon request.
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D. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 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.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The materials prepared by the CONSULTANT for this Project belong to the COUNTY and may
be reproduced and copied without acknowledgement or permission of the CONSULTANT.
Feature stories requiring personal interviews will retain the byline of Consultant.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for Monroe
County and the CONSULTANT,which approval shall be subject to such conditions and provisions
as the Board 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. Subject to the provisions of the immediately preceding sentence,
each party hereto binds itself, its successors, assigns and legal representatives to the other and to
the successors, assigns and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights
in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service,
the COUNTY shall have the right to terminate this agreement after five days written notification
to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other
party thirty (30) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms, the
COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this
agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants
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herein contained at the time and in the manner herein provided. In the event of such termination,
prior to termination, the COUNTY shall provide CONSULTANT with five (5) calendar days'
notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred.
If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates
this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the
CONSULTANT under this agreement prior to termination, unless the cost of completion to the
COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right
to assert and seek an offset for damages caused by the breach. The maximum amount due to
CONSULTANT shall not in any event exceed the Not to Exceed or Lump Sum Amount as stated
in the individual Task Order. In addition, the COUNTY reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of contract and including
the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at
Section 2-721 et al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time,upon 30 days'notice to CONSULTANT. If the COUNTY terminates this
agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the
CONSULTANT under this agreement prior to termination, unless the cost of completion to the
COUNTY exceeds the funds remaining in the contract. The maximum amount due to
CONSULTANT shall not exceed the Not to Exceed or Lump Sum Amount as stated in the
individual Task Order.
E. For Contracts of any amount, if the County determines that the 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 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.
9.5 CONTRACT DOCUMENTS
This contract consists of the Agreement, the documents referred to in the Agreement as a part of
this Agreement, and attachment A, and modifications made after execution by written amendment.
In the event of any conflict between any of the Contract documents, the one imposing the greater
burden on the CONSULTANT will control.
9.6 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT RECORDS
CONSULTANT shall maintain all books,records,and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Records shall be retained for a period of five years from the termination of this agreement.
Each party to this Agreement or its 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 Clerk determines that monies paid to CONSULTANT pursuant to
this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest
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calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were
paid by the COUNTY.
9.7 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, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial
Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative
body. This agreement shall not be subject to arbitration. 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.
9.8 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 CONSULTANT 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.
9.9 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT 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 reasonable attorney's fees, courts costs, investigative, and out-of-pocket expenses in
appellate proceedings.
9.10 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors,
and assigns.
9.11 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.
9.12 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT 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
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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. This
Agreement is not subject to arbitration. This provision does not negate or waive the provisions of
paragraph 9.5 concerning termination or cancellation.
9.13 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 CONSULTANT
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 CONSULTANT specifically agree that no party
to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
9.14 NONDISCRIMINATION
CONSULTANT and COUNTY 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. CONSULTANT and COUNTY agrees
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 VI 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 may be 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.
9.15 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not
acquire any interest,which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
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9.16 CODE OF ETHICS
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.
9.17 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY 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 firm, 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 CONSULTANT
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.
9.18 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 Contractor. Failure of
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.
Contractor is encouraged to consult with its advisors about Florida Public Records Law in order
to comply with this provision.
The Agreement is a Public Record under Chapter 119,Florida Statutes.The parties agree to comply
with Chapter 119, Florida Statutes.
9.19 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY 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.
9.20 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
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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.
9.21 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.
9.22 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither
the CONSULTANT nor the COUNTY 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.
9.23 COUNTY FORMS
By signing this Agreement, CONSULTANT has sworn or affirmed to the following requirements
as set forth in the Public Entity Crime Statement, Ethics Statement, and Vendor Certification
Regarding Scrutinized Companies List,Affidavit Attesting to Noncoercive Conduct for Labor or
Services as set forth in more detail in this Agreement.
Ethics Clause:By signing this Agreement,the CONSULTANT warrants that she 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:
CONSULTANT 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
12
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.
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.
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:
lil.l.n,//www.dms.ii- ..ilorida..coira/bi,isi e,,s infbnnation/con.
vi(Acd sus discrituinal.orly ;oun laints_vendor li^�fl;u
Non-Collusion Affidavit: CONSULTANT 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
CONSULTANT,the bidder malting the Bid/Proposal for the project described in the Scope of Work
and that I executed the said bid/proposal with full authority to do so; the prices in this bid/proposal
have been arrived at independently without collusion, consultation, communication or agreement
for the purpose of restricting competition, as to any matter relating to such prices with any other
bidder or with any competitor;unless otherwise required by law,the prices which have been quoted
in this bid/proposal 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/proposal 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: As
a nongovernmental entity executing, renewing, or extending a contract with a government entity,
13
CONSULTANT is required to provide an affidavit under penalty of perjury attesting that
CONSULTANT 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:
I. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any
person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or
services are pledged as a security for the debt, if the value of the labor or services as
reasonably assessed is not applied toward the liquidation of the debt, the length and
nature of the labor or service are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual
or purported passport, visa, or other immigration document, or any other actual or
purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section
893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of CONSULTANT, I certify under penalties of perjury
that CONSULTANT does not use coercion for labor or services in accordance with Section 787.06.
Additionally, CONSULTANT has reviewed Section 787.06, Florida Statutes, and agrees to abide
by same.
9.24 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.
9.25 E-VERIFY SYSTEM
In accordance with F.S. 448.095,the Contractor and any subcontractor shall register with and shall
utilize the U.S. Department of Homeland Security's E- Verify system to verify the work
authorization status of all new employees hired by the 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 work authorization status of all new employees hired by the subcontractor during the
Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply
with and be subject to the provisions of
F.S. 448.095.
9.26 SUSPENDED PERSON/BUSINESS ENTITY SEC. 2-347(L), MONROE COUNTY CODE
In accordance with Monroe County Code Sec. 2-347(1), the Contractor hereby swears and affirms
that it is not a suspended person or business entity. The employment of a suspended
person/business entity is a material breach of the county/contractor contract and entitles the
14
County,in its discretion,to terminate the contract with no further liability to the Contractor beyond
payment of the portion of the contract price that may be due for work satisfactorily completed up
to the date of termination.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written,
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
CONSULTANT
� � .&%' ✓�',.,� MONROE COUNTY ATTORNEY
President s, y APPROVFD AS TO FORM
� �t.1Zei,l
CHRIST'INE,I.IMBERT-BARROWS
SR.ASSISTANT COUNTY ATTORNEY
DATE'. 5/26/2 _
15
County,in its discretion,to terminate the contract with no further liability to the Contractor beyond
payment of the portion of the contract price that may be due for work satisfactorily completed up
to the date of termination.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
CONSULTANT
President
15
Attachment A
Item Cost Rates as of May1 2026
Standard article/blog post for $1,250 $1,500
Destination's Website
Expanded research article/blog $1,500 $1,750
post for Destination's Website.
Quarte "What's New" article $2,500 $3,000
Rates are subject to annual review on May 1, 2027, May 1, 2028 and May 1, 2029.
16
Attachment B (Sample)
TASK ORDER FOR TOURISM PROFESSIONAL SERVICES
Freelance Writing Services for Visit Florida Keys
In accordance with the Agreement for On Call Tourism Professional Services dated XXX this
Task Order is issued and approved for the following assigned project.
All terms and conditions of the referenced Agreement for On Call Tourism Professional Services
will apply to the Task Order,unless the Task Order modifies an Article of the Agreement of which
will be specifically referenced in this Task Order and the modification shall be precisely described.
In accordance with Paragraph 2.1 of the On Call Tourism Professional Services Agreement this
Task Order sets forth the effective date, completion period, scope of work and payment details
for completion of this assigned project.
Effective Date and Completion Period
This Task Order is effective on this Day of , 202_ (insert date). The project
shall be completed within (insert days) days.
Scope of Services
The scope of services will include: Insert Scope of Services
Compensation
The Consultant shall be paid a not to exceed amount of [Insert
dollars and cents (insert written amount of compensation)
($ (insert numerical amount of compensation), based upon the hourly rate as set forth in
Attachment A of the On Call Tourism Professional Agreement, upon completion of the scope of
services set forth above.
Consultant
For Task Orders of$34,999.99-Approved by Film Commissioner
[Insert Name & Title]
OR
For Task Orders of$35,000-$100,000-Approved by Kara Franker, VFK CEO/President and
TDC
Kara Franker, VFK CEO/President
Approved at TDC meeting held on
OR
For Task Orders of$100,000.01-Approved by BOCC
Approved by BOCC meeting held on
17
LAURMYE-01 POPPELLR
,a►G'ORC1" CERTIFICATE OF LIABILITY INSURANCE DAT/14/2D/YYYY)
026
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Robert Poppell
NAME:
Insurance Office of America PHONE FAX
1855 West State Road 434 (A/C,No,Ext):(407)347-2898 (A/C,No):
Longwood,FL 32750 E-MAIL rob.poppell@ioausa.com
INSURERS AFFORDING COVERAGE NAIC#
INSURERA:United States Liability Insurance Company 25895
INSURED INSURER B:
Laura Myers Ink LLC INSURER C
1801 S.Surf Rd,Unit 3J INSURER D
Hollywood,FL 33019
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSD WVD MM/DD/YYYY MM/DD/YYYY
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $
MED EXP(Any oneperson) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- APPROVED BY RISK MANAGEMENT
POLICY JECT LOC PRODUCTS-COMP/OP AGG $
OTHER: BY............... nersu._��...... 4e:................._ $
DATE 5.29.26 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY Ea accident $
ANY AUTO WAIVERN/A X_.YES BODILY INJURY Perperson) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY Per accident $
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident $
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Errors 8r Omissions SP1585610 5/11/2026 5/11/2027 Per Claim 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 1D1,Additional Remarks Schedule,may be attached if more space is required)
Monroe County BOCC 1100 Simonton St.Key West,FL 33040 is Additional Insured to the policy per form MSP 224(09-13)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Monroe County BOCC
1100 Simonton St.
Key West FL 33040 . °
ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
UNITED STATES LIABILITY INSURANCE GROUP
WAYNE, PENNSYLVANIA
This endorsement modifies insurance provided under the following:
MICRO PRO PROFESSIONAL LIABILITY COVERAGE FORM
ADDITIONAL INSURED ENDORSEMENT
In consideration of the premium paid, it is agreed that the following is added as an Additional Insured,but
only as respect Claims arising out of any Wrongful Act(s) in the rendering or failure to render
Professional Services by the Named Insured specified in Item I. of the Declarations.
Effective Date: 05/13/2026 12:01 AM
MONROE COUNTY BOCC
1100 SIMONTON ST
KEY WEST, FL 33040
1801 S SURF ROAD UNIT 3J
HOLLYWOOD, FL 33019
All other terms and conditions of this Policy remain unchanged. This endorsement is a part of the
Insured's Policy and takes effect on the effective date of the Insured's Policy unless another effective
date is shown.
MSP 224 (09-13) Page 1 of 1