RFP_020-027_ADVERTISING_SERVICES.pdf

BOARD OF COUNTY COMMISSIONERS,

WALTON COUNTY, FLORIDA

REQUEST FOR PROPOSAL

FOR

ADVERTISING SERVICES

RFP NO: 020-027

The Walton County Tourist Development Council, (TDC), a division of Walton

County is seeking proposals and submissions from firms for the purpose of providing advertising services.

RFP closes July 27, 2020, no later than 10:00AM (local time) and will open immediately thereafter.

LATE SUBMITTALS RECEIVED AFTER THE FOREMENTIONED DEADLINE

DATE, EITHER BY MAIL, OR OTHERWISE, WILL NOT BE CONSIDERED

AND RETURNED UNOPENED. THE TIME OF RECEIPT WILL BE

DETERMINED BY THE TIME RECEIVED IN THE PURCHASING AGENT'S

OFFICE. IT IS THE SOLE RESPONSIBILITY OF THE FIRM FOR ASSURING

THAT THE RFP IS RECEIVED IN THE PURCHASING OFFICE BY THE

DESIGNATED DATE AND TIME. NO FAXED, ELECTRONIC OR ORAL RFP

WILL BE ACCEPTED.

To be considered, Firm/Team must submit one (1) paper original and one (1) digital copy of their proposal on a USB thumb drive in a sealed envelope or package, clearly marked with the Firm/Team's name and address, and the words" Advertising Services

" addressed to:

Office of Central

Purchasing 176

Montgomery Circle

DeFuniak Springs, Florida

32435

OUR AREA IS NOT A GUARANTEED OVERNIGHT FED EX DELIVERY DROP OFF

LOCATION. OUR OFFICE IS CLOSED ON ALL FRIDAYS AND WILL BE CLOSED ON JULY

2, 2020 IN OBSERVANCE OF INDEPENDANCE DAY. IT IS THE SOLE RESPONSIBILITY OF THE

VENDOR TO ENSURE SUBMITTALS ARE RECEIVED IN THE PURCHASING OFFICE ON DATE

AND TIME SPECIFIED.

TABLE OF CONTENTS

SECTION 1 - INTRODUCTION

1.1 Background

1.1.1 Market Focus

SECTION 2 - SCOPE OF WORK

2.1 Services Required

2.2 Requirements

2.3 Restraints

2.4 Format of Submittal

2.5 Proposed Fee Structure

2.6 References

SECTION 3 - PROCUREMENT RULES AND INFORMATION

3.1 Contact Person

3.2 Calendar Events

3.3 Submission of Proposal

3.4 RFP Opening

3.5 Cost of Preparing RFP

3.6 Disposal of RFP

3.7 Rules for Withdrawal

3.8 Rejection of Proposal

3.9 Notices

3.10 Verbal Instructions

3.11 Public Entity

3.12 Drug Free Work Place

3.13 Protest

3.14 Insurance Requirements

3.15 Local Vendor Preference

3.16 Unauthorized Aliens

3.17 Blackout Period

3.18 Bonds

SECTION 4 - CONTENTS OF RFP

4.1 Contact for Contract Administration

4.2 Forms

SECTION 5 - EVALUATION OF PROPOSALS………………………………………17

SECTION 6 -AWARD OF CONTRACT

SECTION 7 - TERM OF AGREEMENT

7.1 Term

7.2 Termination of Agreement

Attachment: Information Sheet

Attachment: Contact for Contract Administration

Attachment: Public Entity Crime Form

Attachment: Drug Free WorkPlace Certification

Attachment: Local Vendor Preference Attachment: Unauthorized Aliens…………………………………………………

Attachment A -Scope of Services

Attachment B – Reimbursement Guidelines

Attachment C -Priority Markets

SECTION I - INTRODUCTION:

The purpose and intent of this Request for Proposal is to enter into an annual

Agreement with a qualified full service advertising company that can furnish counsel, produce market strategies and deploy multifaceted campaigns in support of the TDC tourism mission.

1.1 Background:

The South Walton Tourist Development Council (TDC) is a division of Walton

County. The TDC derives its funding from a Local Option Tourist Development Tax

(Florida Statute 125.0104). The TDC's mission is carefully aligned to State Statute

125.0101 spending guidelines, and the TDC formats a strategic plan according to three primary goals: Strengthen the Position of Visit South Walton Brand (Marketing);

maintain the Beaches as the Primary Attraction (Beach Management); and, Take a

Leadership Role in Addressing Issues that Affect Tourism

(Leadership/Administration).

The destination is an upscale area of northwest Florida. The 26-mile coastline along the Gulf of Mexico is comprised of sugar-white beaches and 16 unique beach neighborhoods. The Florida communities included in this scenic setting are: Seascape, Miramar, Sandestin, Dune Allen, Gulf Place, Santa Rosa Beach, Blue Mountain, Grayton Beach, Watercolor, Seaside, Seagrove, Watersound, Alys Beach, Seacrest, Rosemary Beach, and Inlet Beach.

More than 40 percent of South Walton is preserved through four state parks and the

Point Washington State Forest. The area is also home to the largest concentration of rare Coastal dune lakes in the world. Hiking, biking, kayaking, paddle boarding, and fishing are popular pastimes. Visitors to the area enjoy world-class accommodations, challenging golf, eclectic shops, trendy art galleries, live music, and award-winning dining.

South Walton's Brand Promise:

South Walton provides visitors with a relaxing escape: an upscale yet casual, place to unwind and rejuvenate. Charm and scenic beauty define our stretch of Northwest

Florida's Gulf coast, and our white sand beaches and turquoise waters offer a natural setting where visitors feel comfortable. We deliver an unforgettable experience, filled with lasting memories.

For more information on South Walton, visit our website: www.visitsouthwalton.com http://www.visitsouthwalton.com/

1.1.1 Market Focus:

The market is primarily within a 500 mile drive-market destination which now has also been further served for 6 years by the Northwest Florida Beaches International

Airport in neighboring Bay County. Air service has impacted arrivals and seasonality in South Walton. South Walton has experienced significant growth of its tourism economy with a majority going to the shoulder seasons of fall and winter.

The TDC's guiding principles include a detailed vision for the destination and performance indicators that are tracked on a regular basis and a commitment to research, using data to make decisions and develop strategies.

The target market for South Walton is predominantly upscale households with an average annual household income of $175K, aged 35-64, with over 65% of that age group having a net worth exceeding $1M. Efforts will relate to households in these demographic groups who currently live outside the tri-county region centered around

Walton County in Florida.

Strategies and plans should promote South Walton as a premier tourist destination within its target markets, nationally including but not limited to Atlanta, Houston, Dallas/Ft. Worth, Mobile and Gulf Coast, Nashville, Montgomery, Jackson, Birmingham, New Orleans, and Memphis. Emerging markets also shall receive attention including Chicago, St Louis, Baltimore/D.C., and New York. (See

Attachment B). Priority should also be given to improving overall brand awareness, cultivating exceptional brand value during all seasons, and increasing non-peak visitation.

SECTION 2 -SCOPE OF WORK

2.1 Services Required:

The awarded proposer will execute a successful strategic plan including media campaigns for regional and national appeal which attract visitors to Visit South Walton, Florida with emphasis on increasing overall brand value and non-peak season visitation.

The awarded proposer will provide creative services, media planning, and buying, as well as digital platform functions and strategies. The selected company shall be the principal advisor and provider to the TDC for marketing/advertising the destination and applicable county owned facilities, to a variety of target audiences including leisure travel consumers (primary, secondary and emerging market), meeting planners, travel agents, local industry partners, local business leaders & community residents, regional/state partners and various other selected groups that can help accomplish the mission of the TDC.

Account service will need to be provided to a variety of TDC departments, facility staff, and contracted service vendors, as applicable, and include but not be limited to

Marketing, Communications, Group Sales, and Administration. The company will be expected to efficiently interface with other TDC vendors under contract such as research firms or public relations agencies.

The selected company must provide exceptional service in the following areas, to accomplish the TDC's current scope of services. (See Attachment A). All applicants are asked to provide a detailed outline including strategies and tactics as to how the scope of services will be accomplished.

• Overall Service

• Brand Strategy and Account Management

• Media Planning and Buying

• Co-op Management and Maintenance

• Creative Development and Production

• Content Development and Content Marketing

• Digital Platform Management

• Brand Activation

• Reporting and Analytics

• Other

2.2 Requirements:

The TDC requires the selected advertising team to have extensive experience in facilitating media in various markets. The company must have expertise in cooperative advertising programs, branding campaigns, television, magazine, newspaper, radio, direct mail, outdoor, digitals, OOH, display, and other forms of specialty deployments designed to target audiences of the TDC.

All media contracts issued by the company as agency of record, on behalf of TDC (or

Agent of), will be governed by the doctrine of sequential liability unless otherwise required by the TDC or media supplier

The company must be able to arrange adequate financing in order to pay vendors, production costs, media placement, and related expenses in advance. The County's policy pays on a reimbursement basis, in accordance with the Local Government Prompt

Payment Act of the State Statutes, Chapter 218-70-218.80, upon receipt of the company's invoice, proof of placement, and written approval of same by the TDC indicating that Services have been rendered in conformity with contract.

County reimbursement requires approximately 45 days from the time receipts are received by the County. Copies of original invoices tear sheets and detailed expense reports or affidavits must accompany all requests for reimbursement, or be delivered in a timely manner if not immediately available when invoice is submitted for payment.

Failure to deliver such backup material may result in the amount in question being denied and removed from a subsequent billing.

The company is subject to public records request/Florida Sunshine Law and thus must administer the complete relationship with the TDC in a highly competent manner including adherence to Walton County's retention policy for both electronic and hard copy files.

2.3 Restraints:

Written briefs for projects are regularly required, seeking approval on initiatives, along with proper estimates for third party goods and services (other than net media).

The TDC shall retain ownership and all rights of use of the advertising/marketing campaign created during the contract period, by the selected company, including all creative artwork, materials, video, and photos, etc., as well as all concepts developed but not utilized.

The TDC maintains the right to use any materials generated by the agency of record, in any other TDC material generated by TDC personnel, and may do so without agency of record consent or approval. The TDC acknowledges certain legal constraints and, as such, requires universal releases for materials unless exceptional conditions exist and are approved by the TDC Executive Director, otherwise retaining sole right to use materials created for the TDC as it deems necessary. In general, existing materials or buy-out materials should be incorporated and are preferred. Rare exceptions may involve model releases, music, or iconic national distributions, etc. Rights and restrictions on contracted or licensed materials such as stock photos, voice talent, models, etc. will be provided up front with implications stated.

The selected company may be required to supply legal assistance for the copyright, trademark, and/or licensing of materials and/or products. TDC shall have the right of final review and approval for all work conceptualized, created, and/or produced by the agency of record for the TDC during the contract period.

Any third-party services the agency of record manages or contracts on behalf of the TDC should be supported by appropriate quotes with preference given to the lowest expense, most responsive and most responsible proposer meeting the specifications. Billing will be on a net basis.

TDC retains the right to hire/contract/work with other advertising/marketing/promotion agencies or vendors and/or freelance artists, etc., as deemed appropriate for auxiliary projects/activities.

The selected company shall not hold or acquire an account of any competing county, city, state, nation or region representing another sun/tourist destination i.e. Tourist

Development Councils, Convention and Visitors Bureaus, Chambers of Commerce, etc.

or like entities which are deemed to be competitive with Northwest Florida tourism and/or conflict of interest accounts.

TDC is advised of all new business solicitations by the selected company that could be

Perceived to constitute a conflict of interest. All branch or subsidiary offices are considered as part of the total corporate entity of the selected company.

2.4 Format of Submittal:

All submittals shall clearly indicate the legal name, address, and telephone number of the company. The signer shall have the authority to bind the company to the submittal.

In addition to comprehensively addressing the ability to accomplish the scope of services

(See Attachment A), proposer should submit written answers to the questions contained, herein, in addition to any additional materials they wish to submit. The replies should be generally brief.

1. Do you currently represent a TDC, Convention & Visitors Bureau, Chamber of Commerce, or other tourism related organization within the

State? If yes, please name the entity (entities) and describe how you would handle that account along with the Walton County TDC.

2. Do you currently represent a company involved in the travel and tourism industry located within Walton County? (e.g. hotel, motel, resort, condominium, restaurant, attraction, car rental) If yes, please name the company/ companies.

4. What expertise does your company possess that makes you the best qualified proposer to handle the Walton County TDC account and what is your company's greatest strength?

5. Why do you consider yourself a full-service advertising company?

6. What market research do you rely on, or be willing to conduct, to position your company to better serve the Walton County TDC?

7. What experience have you had in placing deployments, positioning U.S.

products, or services in a variety of markets, and how would you rate your existing buying/placement power when it comes to traditional media?

8. What experience have you had in social content marketing and placement of digital over various platforms and channels?

9. Based on your existing knowledge, what is there about our destination that makes South Walton exceptional as a tourist consideration compared to other destinations in Florida?

10. Provide the history of your company, its corporate structure, and years in business. In addition, please report on the expertise of team members that are proposed to serve the account for South Walton, including related skills, education, training, and experience. Include a description of the amount of time each team member would have available to serve the account.

11. Please provide an overview of your firm's philosophy when developing broad and multifaceted strategic marketing (TV, Radio, Print, Collateral, Web, Social, etc).

12. Does your company have any business relationships or strategic alliance partnerships with other industry entities that maybe considered a potential benefit to the TDC?

13. Is there anything you haven't already shared with us that you feel should be considered when evaluating your company?

2.5 Proposed Fee Structure:

TDC encourages responses from companies that will be willing to provide a fee-based compensation structure. A comprehensive compensation structure should be included in the response. Agreed upon compensation will be negotiated following the RFP evaluation process. Media placements are always to be purchased on a net basis.

A fixed percentage service fee applied to all net media is preferred. A media trafficking benchmark maybe considered at this time but is subject to change and approvals.

Stated service hourly rates for creative production, social content management, project coordination, etc., will be highly considered and overall shall be evaluated for feasibility of accomplishing the scope of services. Hourly rates will also be considered respective of the TDC budget, we will set budgets annually for all promotional efforts, not including net media and service fees according to our TDT collection.

2.6 References:

The company shall furnish at least three (3) corporate references with their proposal. The references shall include the company name, contact person, and their telephone number.

The firm shall also describe where services similar in magnitude and scope to the requested, are currently provided and have been provided for at least six (6) months.

The company shall list total gross billings for each of the past five (5) years. List the number of clients who have billings falling in the following brackets:

1. Under $2 M

2. Between $2-$4M

3. Over $4M

SECTION 3 -PROCUREMENT RULES AND INFORMATION:

3.1 Contact Person:

Glyndol Johnson or Kim Jones

Purchasing Agent Assistant Purchasing Agent

176 Montgomery Circle

DeFuniak Springs, FL 32435

850-892-8176

Email: johglyndol@co.walton.fl.us

All questions regarding this Request shall be directed in writing; preferably by email to the Purchasing Agent. Questions shall be submitted no later than 12:00 Noon (local time) on July 14, 2020. FIRMS DIRECTING QUESTIONS TO ANY OTHER COUNTY

STAFF, OR ANY OTHER PERSON SHALL BE DISQUALIFIED FROM

SUBMITTING. Questions submitted after that date and time will not be answered. If applicable, answers citing the question asked but not identifying the questioner will be distributed to all known prospective vendors. Failure to submit requests in writing by the specified time shall not be grounds for a protest. Note: Written requirements in the

Request or its amendments are binding, but any oral communications between you and us are not.

3.2 Calendar of Events:

Listed below are the important actions and dates/times by which the actions must be taken or completed. If the County finds it necessary to change any of these dates/times, it will be accomplished by addendum. All listed times are local time in DeFuniak Springs, Florida.

DATE/TIME. ACTION

July 14, 2020 by 12:00 Noon Last days to submit questions

July 27, 2020 not later than 10:00AM Close of RFP

Local time and will open immediately thereafter

August 2020 (tentatively) Review Team Meeting

August 2020 Presentations

3.3 Submission of Proposal:

Each response should be prepared simply and economically, providing straightforward, concise delineations of firm's capabilities to satisfy the requirements of this Request for

Proposal. Emphasis is on completeness and clarity of content.

3.4 RFP Opening:

Proposal is due at the time and date specified in the paragraph entitled "Calendar of

Events". The name of all firms submitting their qualifications shall be posted in the RFP package at the Office of Central Purchasing. Proposals received late will not be considered

3.5 Cost of Preparing RFP:

The County is not liable for any costs incurred by a firm in responding to this RFP, including those for oral presentations.

3.6 Disposals of RFP:

All RFP's become the property of the County and will be a matter of record.

3.7 Rules for Withdrawal:

Proposals may be modified or withdrawn by an appropriate document duly executed

(in the manner that a RFP must be executed) and delivered to the place where Request for Proposals are to be submitted at any time prior to the opening of RFP.

Any submitted Proposal shall remain valid for 60 days after the submission date, but the county at its sole discretion may release any proposal.

3.8 Rejection of Proposal:

The County reserves the right to accept or reject any and all proposals as may be deemed necessary by the County to be in its best interest. The County further reserves the right to waive any and all informalities, and reserves the right to reject all nonconforming, unresponsive, unbalanced, or conditional Proposals. The County reserves the right to reject the Proposal of any Proposer if the County believes that it would not be in the best interest of the Project to make an award to that Proposer, because the

Proposal is not responsive or responsible, or the Proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the County. The County also reserves the right to enter into contract negotiations with a qualified, responsible, and responsive Proposer who submits the best ranked proposal.

If the County and the best Proposer cannot negotiate a successful contract the County may terminate such negotiations and begin negotiations with the qualified, responsible, and responsive Proposer who submits the next best ranked proposal. No Proposer shall have any rights against the County arising from such negotiations. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Where numeric data is given both in Arabic numerals and in written language, and where there exists a discrepancy between an Arabic numeral and written language, the written language shall be presumed to be correct and the Arabic numeral presumed incorrect.

The County reserves the right to delete any Proposal items and the total Proposal shall be determined as the sum of the Proposal items awarded. In evaluating Proposals, the county will consider the qualifications of the proposers, whether or not the Proposals comply with the prescribed requirements, time of completion, and other data, as may be requested in the Proposal form or prior to the Notice of Award. The County may conduct such investigations as the County deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications and financial ability of Proposers, proposed Subcontractors, Suppliers, and other persons and organizations to perform and complete the Project in accordance with the Contract Documents to the

County's satisfaction within the prescribed time. The County may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Project when such data is required to be submitted prior to Notice of Award.

3.9 Notices:

Any notices to be given under a contract shall be given by Email , United States Mail, addressed to firm or individual at its address stated herein, and to the County at its address stated herein. Additional notice may also be given by facsimile/email in which case it shall be deemed that notice was provided on the date said facsimile/email was received. The party providing notice by facsimile/email shall confirm that the facsimile/email was received by the other party.

3.10 Addendums:

The County may issue Addendums to modify the proposal as deemed appropriate.

Addendums and clarification to this RFP along with an Addendum Acknowledgement Form will be emailed to all vendors receiving this RFP. The Addendum Acknowledgement Form shall be signed by an authorized company representative, dated, and returned with proposal.

3.11 Verbal Instructions:

No negotiations, decisions, or actions shall be initiated or executed by the firm as a result of any discussions with any county employee. Only those communications from firms, which are signed, and in writing will be recognized by the County as duly, authorized expressions on behalf of the firm. Firms directing questions or communications to any staff other than the Office of Central Purchasing shall be disqualified from submitting.

3.12 Public Entity:

The firm must sign and complete a Public Entity Crime Sworn Statement as defined under Section 287.133(3) (a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a consultant, supplier, or subcontractor, under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.

3.13 Drug Free Workplace:

The firm must complete the County's Drug Free Workplace Certification form, attached and made a part of the RFQ. According to Walton County policy, preference shall be given to businesses with drug-free work place programs. Whenever two or more proposals, which are equal with respect price, quality, and service, are received by the state or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certified that it has implemented a drug-free work place program shall be given preference in the award process.

Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free work place program.

3.14 Protest:

Any person or entity whose proposal is rejected, in whole or in part, or who submits a proposal but is not awarded the contract, may protest such decision. Written notice of intent to file a proposal protest must be submitted with the Purchasing Agent or Finance

Director within twenty -four (24) hours after the Board's declaration of its intention with regard to an award. Written protest must be submitted to the Purchasing Agent or Finance

Director within ten (10) calendar days after filing written notice of intent.

Each written protest must be accompanied by a protest bond in the form of a certified check, cashier's check or money order made payable to the Board of County

Commissioners, in an amount not less than five percent (5%) of the lowest responsible proposal received by the County.

The condition of the protest bond shall be that, should the protest be determined to be without merit and non-valid, the bond shall be forfeited to the County in its entirety.

3.15 Insurance Requirements:

VENDOR shall purchase and maintain through the Agreement such professional liability, including error and omissions coverage if applicable, workers compensation coverage, and other insurance as is appropriate for the services being performed hereunder by Consultant, its employees, or agents. The amounts and types of insurance shall conform to the following minimum requirements:

1. Worker's Compensation Coverage must apply for all employees and statutory limits in compliance with the applicable state and federal laws, unless Consultant provides a current Florida Workers Compensation exemption certificate. In addition, the policy must include the following:

a. Employer's Liability with a minimum limit per accident in accordance with statutory requirements.

b. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide COUNTY with thirty (30) days' written notice of cancellation and/or restriction.

2. Comprehensive General Liability. Coverage must include:

a. $1,000,000.00 combined limit per claim.

b. Contractual coverage applicable to this specific

Agreement, including any hold harmless and/or indemnification agreement.

c. Additional Insured. County is to be specifically included as an additional insured.

d. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide County with thirty (30) days’ written notice of cancellation and/or restriction.

3. Comprehensive Automobile Liability Coverage must be afforded on a form no more restricted than the latest edition of the Comprehensive

Automobile Liability Policy filed by the Insurance Services Office and must include:

a. $300,000 combined single limit per accident for bodily injury and property damage.

b. Owned Vehicles.

c. Hired and Non-Owned Vehicles.

d. Employee Non-Ownership.

e. Additional Insured. County is to be specifically included as an additional insured.

f. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the COUNTY with ten (30) days' written notice of cancellation and/or restriction.

4. Professional Liability Coverage must include:

a. Minimum limits of $1,000,000 per occurrence and in the aggregate for claims of malpractice, negligence, error and omissions.

b. Notice of Cancellation and/or Restriction. The Policy must be endorsed to provide County with thirty (30) days’ prior notice of cancellation and/or restriction of coverage by changed exclusion.

Certificates of Insurance evidencing the insurance coverage specified in this Article shall be submitted to the COUNTY with the executed Contract. The Certificates of Insurance shall be filed with the COUNTY before this Contract is deemed approved by the COUNTY. The required Certificates of Insurance not only shall name types of policies provided, but also shall refer specifically to this Contract. All the policies of insurance so required of CONSULTANT shall be endorsed to include as additional insured the COUNTY, its officers, employees, and agents, except for Worker's Compensation. If the initial insurance policy expires prior to completion of the Project, renewal Certificates of Insurance shall be furnished thirty (30) days prior to the date of the policy expiration.

The purchase of any of the above-referenced insurance policies shall not release the CONSULTANT or any Surety created by this Contract from any obligation, warranty or guarantee provided in this

Contract.

The Insurance Company(ies) shall be authorized to conduct business in the State of Florida. Any risk of loss of completed work on the Project, or work in progress on the Project, equipment and material stored on or off the Project Site, or in transit, shall be borne by the Firm through the date of final completion for the Project.

3.16 Local Vendor Preference:

Award of the contract for this project shall be subject to local preference in accordance with the Walton County Purchasing Policies and Procedures (PP017).

Application for Local Preference is attached to this Request for Proposal.

3.17 Unauthorized Aliens:

The County prohibits contracting with firms that knowingly utilize services of unauthorized aliens in the performance of contracts for goods or services with the

County. Attached form shall be filled out and submitted.

3.18 Blackout Period:

The period between the end of the advertisement for the Request for Proposal, Request for Qualifications, Invitation to Bid, or any other competitive solicitation and the contract award, or any resulting bid protest is resolved, or the solicitation is otherwise canceled is referred to as the Blackout Period. During the Blackout Period any communication regarding the aforementioned solicitations is prohibited between the bidder (or its agents or representatives) or other entity with the potential for a financial interest in the award (or their respective agents or representatives) regarding such competitive solicitation, and any County Commissioner or County employee, selection committee member or other persons authorized to act on behalf of the Board including the County’s Architect, Engineer or their subconsultants, or anyone designated to provide a recommendation to award a particular contract, other than

Purchasing Division staff. Each competitive solicitation shall provide notice of the blackout period.

1. Exceptions to the Blackout Period

The blackout period shall not apply to:

a. Communications at any public proceeding or meeting, including pre-bid conferences, selection committee presentations or pre-award meetings.

b. Communications during contract negotiations between designated County employees and the intended contract awardee.

c. Communication with a vendor by a Purchasing Division employee following the bid opening to clarify the vendor’s bid or intended scope of services.

d. Communication following the filing of a protest between the protesting party and the Purchasing Division, County

Administrator’s Office and County Attorney’s Office, during the dispute resolution process.

e. Purchases exempt from competitive selection, sole source procurements, single source procurements, and emergency procurements, as defined in Walton County Board of County

Commissioners Purchasing Policy and Procedure manual.

f. Communications with existing vendors in the performance of existing contracts.

3.19 Bonds:

All proposals shall be accompanied by a bid security in an amount of ONE

THOUSAND AND 00/1OOTHS DOLLARS ($1,000.00) made payable to Board of

County Commissioners, Walton County, and in the form of a certified bank check or bid bond, issued by a surety authorized to conduct business in the State of Florida and having an A.M. Best rating of V-A or better and who is listed on the United States

Treasury Department's T-list as acceptable to issue bonds for the applicable dollar amount.

The bid security of the Successful Proposer will be retained until such Proposer has executed the Contract, and has furnished the required Certificates of Insurance. If the

Successful Proposer fails to execute and deliver the Contract, or furnish Certificate of

Insurance, within five (5) business days after the Notice of Award, the County may annul the Notice of Award and the bid security of that Proposer will be forfeited. The proposal security of other proposers may be retained by the County until ten (10) calendar days after the Notice of Award, whereupon proposal security furnished by such proposers will be returned.

Failure to submit an appropriate proposal security shall result in the proposal being declared unresponsive.

3.20 Public Access:

A request to inspect or copy public records relating to this Contract must be made directly to the County. If the County does not possess the requested records, it shall immediately notify the Consultant of the request, and the Consultant must provide the records to the County or allow the records to be inspected or copied within a reasonable time (§119.0701(3). If

Consultant fails to provide the public records within a reasonable time, Consultant may be subject to penalties under §119.10, F.S.

A. Consultant shall comply with the requirements of Florida’s Public Records law. In accordance with Section 119.0701, Florida Statutes, the Consultant shall (1) Keep and maintain public records required by the public agency to perform the service; (2) Upon request from the public agency’s custodian of public records, provide the public agency 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 under Florida’s Public Records law 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 this contract if the Consultant does not transfer the records to the public agency; and (4) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the

Consultant or keep and maintain public records required by the public agency to perform the service. If the Consultant transfers all public records to the public agency upon completion of the contract, the consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of this contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from public agency’s custodian of public records, in a format that is compatible with the information technology system of the public agency.

B. IF CONSULTANT HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS AGREEMENT, CONSULTANT SHALL

CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

Genara Roop, Records Management Liaison Officer

161 E. Sloss Avenue

DeFuniak Springs, Florida 32433

850-892-8110 roogenara@co.walton.fl.us

3.21 Indemnification:

Contractor shall indemnify and save harmless the County, its officers, agents, and employees, from all claims, suits or actions at law or equity, damages, losses, and expenses, whether direct or indirect, or consequential, including but not limited to charges of engineers, attorneys and other professionals and costs of both defense and appeal, in a court of law or other tribunal, for any reason whatsoever, including but not limited to bodily injury, sickness, disease or death of any persons, including employees of Contractor or any subcontractor, or injury to or destruction of property, including loss of use, which claims are arising out of, related to, connected with, or caused by (a) Contractor’s, or any subcontractor or supplier of contractor, negligent performance or non-performance of the Project; (b) Defective Work, whether by

Contractor, or any subcontractor or supplier of Contractor; (c) the failure of contractor of any subcontractor of Contractor to provide a safe work place; (d) noncompliance with federal, state, and local laws and regulations by Contractor, or any subcontractor or supplier of

Contractor; (e) the failure of Contractor, or any subcontractor, or supplier of Contractor to obtain or renew the insurance coverage’s required by the Contract Documents; or (f) claims for damages to the Project itself, and claims for any other costs which any of them may incur arising from failure, neglect, or refusal of Contractor to faithfully perform the Project and other obligations under the Contract Documents. The provisions of this indemnification agreement shall include all accidents, injuries and claims made, whether or not caused in part, by any act or omission of the County, its respective officers, agents, or employees, provided Contractor mailto:roogenara@co.walton.fl.us shall not be required to indemnify the County for the County’s own negligence. Contractor shall, at its own cost and expense, defend such claims, actions or proceedings which are subject to this indemnification agreement, whether groundless or not, which may be commenced against the County and Contractor shall pay any and all judgments which may be recovered in any such action, claim, proceeding, or suit, excluding that proportion of any judgment for which the County may be found negligent, and defray any and all expenses including costs and attorney’s fees, which may be incurred in or be reason of such action, claim, proceeding or suit. The County and Contractor agree that one percent (1%) of the total compensation to the Contractor for performance of this contract is the specific consideration from the County to the Contractor for Contractor’s indemnity agreement.

Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Project or the incorporation in the Project of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. Contractor shall indemnify and hold harmless the County, its officers, Commissioners, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement or patent rights or copyrights incident to the use in the performance of the

Project or resulting from the incorporation in the Project of any invention, design, process, product or device not specified in the Contract Documents.

SECTION 4 - CONTENTS OF RFP

This section contains instructions regarding the format of the RFPs that are to be submitted.

4.1 Contact for Contract Administration:

Firms shall return the Contact for Contract Administration Form. This shall be the firm's representative from the day-to-day activities of this Agreement. The signer shall have the authority to bind the firm to the submitted proposal.

4.2 Forms:

It is Mandatory that firms return the Drug Free Workplace Certification Form along with the Public Entity Crime Form.

SECTION 5 - EVALUATION OF PROPOSALS:

The selected firm will be given written notification of being selected by the County.

The County will negotiate and execute a contract with the selected firm prior to the beginning of the actual services. Oral presentations may be requested, upon notification.

Companies shall be ranked on the following:

Criteria Weight Score

Demonstrates ability & experience needed to fully execute the current scope of services through 30 responsiveness & presentation of proposal

Overall qualifications of the company based on existing staff, history of firm, years in business, & the education, 15 training & accomplishments of the proposed service team

Direct experience of the proposer established through current & past working history with Walton County or 15 other government agencies in marketing/advertising endeavors

Ability to execute progressive concepts & campaigns, ideal for the South Walton Brand, through impactful familiarity 15 of the destination & a variety of creative talents

Evaluation of overall expense presented in the proposal as well as the feasibility to fully serve all obligations within 25 the term & scope

Companies selected as finalist will be required to submit three (3) additional copies of their qualifications for the Review Panel, and shall be available for presentations if required on a date determined by the TDC. Sufficient notice will be given.

SECTION 6 - AWARD OF CONTRACT:

The County reserves the right to enter into contract negotiations with a qualified, responsible, and responsive Proposer who submits the lowest proposal. If the County and the low

Proposer cannot negotiate a successful contract the County may terminate such negotiations and begin negotiations with the qualified, responsible, and responsive Proposer who submits the next lowest proposal. No Proposer shall have any rights against the County arising from such negotiations.

SECTION 7 – TERM OF AGREEMENT:

7.1 Term of Contract

This term shall be for two (2) years, with the option of two (2), one year extensions each at the sole discretion of the County, unless earlier terminated by the Board of the

County Commissioners.

The agency of record may be assigned additional work/placements during a term, which

Are consistent with the existing and agreed upon scope of services, provided Walton

County budgetary approvals have been documented.

7.2 Termination of Contract:

The County may terminate this Agreement at any time with or without cause, or with or without prior notice.

Information Sheet

For Transactions and Conveyances Corporate

Identification

The following infonnation will be provided to the Walton County Legal Services for incorporation in legal documents. It is, therefore, vital all infonnation is accurate and complete. Please be certain all spelling, capitalization, etc. is exactly as registered with the state of federal government, Is this a Florida Corporation:

(Please circle one) or No

If not a Florida Corporation, ln what state was it created?

Name as spelled in that State:

What Kind of corporation is it: "For Profit" or "Not for Profit"

Is it in good standing: Yes or No

Authorized to transact business

In Florida: Yes or No

State of Florida Department of State of Certificate of Authority Document No: _

Does it use a registered fictitious name: Yes or No

Name of Officers:

President:

Secretary: _

Vice President: _ Treasurer: _

Director: _ Director. _

Other. _ Other: _

Name of Corporation (As used in Florida):

(spelled exactly as it is registered with the state or federal government)

Corporate Address:

Post Office Box:

City, State, Zip

Street Address:

City, State, Zip:

(Please provide post office box and street address for mail and/or express delivery; also for recorded instruments involving land)

Federal Identification Number:

(For all instruments to be recorded, taxpayer's identification is needed)

Name of individual who will sign the instrument on behalf of the company:

(Upon Certification of Award, the President or Vice-President shall sign Contract. Any other officer shall have pennission to sign via a resolution approved by the Board of Directors on behalf of the company. Awarded contractor shall submit a copy of the resolution together with the executed contract to the Office of Purchasing)

(Spelled exactly as it would appear on the instrument)

Title of the individual named above who will sign on behalf of the company:

CONTACT FOR CONTRACT ADMINISTRATION

Designate one person authorized to conduct contract administration.

NAME:

TITLE:

COMPANY NAME:

ADDRESS:

TELEPHONE NO: --------------

FAX NO:

SIGNATURE:

E-MAIL: _

PUBLIC ENTITY CRIMES

Sworn Statement Under Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes

This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths:

This sworn statement is submitted to The Board of County Commissioners, (print individual's name and title)

(print name of entity submitting sworn statement)

Whose business address is--------------------and (if applicable) its Federal Employer Identification Number (FEIN) is

; (if the entity has no FEIN, include the Social Security Nu mber of individual signing this sworn statement: _

I understand that a "public entity crime" as defined in Paragraph 287.133(l((g), Florida Statutes, means a violation of any state or federal law by a person with respect to an directly related to the transaction of business with any public entity or with an agency or political; subdivision of any other state or of the United States, including, but not limited to, any bid or contract for good or services to be provided to any public entity or an agency or political subdivision of any other state or of the

United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)

(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contenders.

I understand that an "affiliate" as defmed in Paragraph 287.133(1) (a)

Florida Statutes means: A predecessor or successor of a person convicted of a public crime; or; an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate.

The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

I understand that "person" as defmed in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the

United Sates with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners,\ shareholders, employees, members, and agents who are active in manage-ment of an entity.

Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.]

Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequentto July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administration Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity Submitting this sworn statement on the convicted vendor list.

[Attach a copy of the final order.]

I understand that the submission of this form to the contracting officer for the

Public Entity identified in Paragraph ONE (#1) above is for that Public Entity only, and that this form is valid through December 31 of the calendar year in which it is filed.