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#15-6434 (iDSS Global, LLC) AGREEMENT 15-6434 for Web Based Destination Management System `` THIS AGREEMENT, made and entered into on this 23'^`4 day of .June_ 2015, by and between iDSS Global, LLC (iDSS), whose business address is 250 Marquette Avenue South, Suite 1330, Minneapolis, MN, 55401, (the "Vendor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of the initial Purchase Order and shall remain in effect for a two (2) year period from the date of the initial Purchase Order issuance. The County may, at its discretion and with the consent of the Vendor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Vendor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Vendor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Vendor shall provide a web based Destination Management System (DMS) for the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), databases in accordance with the terms and conditions of RFQ #15-6434 and Exhibit "A" Vendor's Proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County's Project Manager or designee, in compliance with the County Purchasing Ordinance and Purchasing Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement a monthly subscription cost of five hundred ($500.00) dollars, pursuant to Attachment 5 Fee Schedule of Exhibit "A" Vendor's Proposal, offered by the Vendor in their submitted proposal. Any other items as requested in writing by the County shall be billed as per the Fee Schedule together with the cost of any other charges/fees submitted in the proposal. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months,budget availability and Project Manager's approval. 0 15-6434 Page 1 of 7 Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or designee, and in compliance with Chapter 218,Fla.Stats., otherwise known as the"Local Government Prompt Payment Act." 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 3.2 Travel Expenses. Travel Expenses shall be approved in advance in writing by the County. Travel expenses shall be reimbursed as pursuant to Resolution 2006-40 and Section 125.0104 Fla. Stats. 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: iDSS Global,LLC 250 Marquette Avenue South,Suite 1330 Minneapolis,MN,55401 Attn: Mark Lynch,VP of Sales&Marketing Telephone: 612-767-7800 * Facsimile: 617-767-7821 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples,Florida 34112 Attention:Joanne Markiewicz,Director,Procurement Services Division Telephone: 239-252-8407 * Facsimile: 239-252-6480 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 15-6434 Page 2 of 7 bJ 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. The County will not be obligated to pay for any permits obtained by Subcontractors/Subconsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform their services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Vendor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Vendor shall not be entitled to any other or further recovery against the County, including, but not limited to,any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex,color,creed or national origin. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Vendor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to 15-6434 Page 3 of 7 negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Vendor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Vendor. Vendor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Tourism Division. 13. CONFLICT OF INTEREST. Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A"Vendor's Proposal" and RFQ#15-6434 with the Scope of Services and Addendum. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 17. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Vendor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense,with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto,as either may be amended;taxation,workers' compensation,equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. §119.0701(2)(a)-(d) and (3))) stated as follows: 15-6434 Page 4 of 7 (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the Contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Vendor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 18. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 19. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid,or otherwise unenforceable,in whole or in part,the remaining portion of this Agreement shall remain in effect. 20. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. 21. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by 15-6434 Page 5 of 7 County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order requiring mediation under section 44.102,Fla. Stat. 22. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the RFQ 15-6434 and Exhibit "A" Vendor's Proposal, the Contract Documents shall take precedence. 24. ASSIGNMENT. Vendor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein,without the County's consent, shall be void. If Vendor does,with approval,assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Vendor all of the obligations and responsibilities that Vendor has assumed toward the County. 15-6434 Page 6 of 7 IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized person or agent,have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY,FLORIDA Dwight E. Brpak,Clerk of Courts aml _ By: ( Je ►4t lac w z Procurement Servicce Director Dated: iL! ;�! � 6 Tim Nance,Chairman (SE S s to Chairman's signature only. iDSS Global,LLC Vendor By: / i)(1:k:?" <"--kl-rt0A, - Vend-ii-t1-0.-- -2,-y---- ''' 'First itn s ignatur —r—Lo AA.f. s ,7: LL 2--y,� TTypeprint witness nameT TType/print signature and titleT Ven is Second Jqitness Q?1 ai-V\ TType/print witness nameT pprove as to o . d Legality: i s istK z County Attorney Ofr4l CD 15-6434 Page 7 of 7 VIDSS internet destination sales system December 22,2014 To Whom It May Concern: I am the Chief Strategy Office of Tempest, Inc,which is the sole owner of iDSS Global, LLC of Minneapolis, MN(the"Company").The Company operates from 250 Marquette Avenue South,Suite 1330, Minneapolis,MN 55401. I hereby authorize Mark Lynch, President,to sign documents on behalf of the Company to continue to provide services to Collier County as specified under Contract 12-5939. Regat`ds, J 4,1 Alex Heimann Chief Strategy Officer Before me,a Notary Public in and for said state,personally appeared Alex Heimann,Chief Strategy Officer,who being by me duly sworn and signed in my presence this 22nd day of December,2014. Not. PP,art,, YLVIA LEIGH OLSON Notary Public My.) (vv.*Eiplu, iiMinr • ", . iDSS Global, LLC dba: iDSS 250 Marquette Avenue South,Suite 1330 Minneapolis, MN 55401 612-767-7800 I www.iDSS.com EXHIBIT "A" VENDOR'S PROPOSAL Cotter County Administrative Services Division Procurement Services Attachment 1: Vendor Response Form FROM: iDSS I Internet Destination Sales System Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFQ 15-6434 Web Based Destination Management System Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications/Scope of Work, and terms and conditions has been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed. The Vendor further declares that the only persons, company or parties interested in this RFQ or the Contract to be entered into as principals are named herein; that this RFQ is made without connection with any other person, company or companies submitting a RFQ; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this RFQ is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: ***SEE FOLLOWING PAGES*** Any discounts or terms must be shown on the RFQ Response Form. Such discounts, if any, will be considered and computed in the tabulation of the RFQs. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: °lo Days; Net_ Days [' Not interested in submitting a RFQ. RFQ Response Form is electronic. Please input your prices online. ❑ RFQ Response Form—See Attachment#5 Form Note: If you choose to respond to this RFQ manually, please submit one (1)ORIGINAL clearly labeled MASTER and one (1) COPY of your RFQ response pages. 11 RFQ 15-6434 Destination Mgt System 04152015 3 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 20th day of April, 2015 in the County of Hennepin, in the State of Minnesota. Firm's Complete Legal Name iDSS Global, LLC Address 250 Marquette Avenue South, Suite 1330 City, State, Zip Minneapolis, MN 55401 Florida Certificate of Authority Document Number (www.sunbiz.orq\search.html) Federal Tax Identification 61-1744160 Number CCR#or CAGE Code Telephone Number 612-767-7800 FAX Number `61,22-767-7821 Signature/Title '(Y—�Cvt �esident Type Name of Signature Mark P. Lynch Date L 17ol LS' Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name iDSS Global, LLC Address 2509 N Campbell, #23 City, State, Zip Tucson, AZ 85719 Contact Name Linda Moore, Business Manager Telephone Number 800-274-8774 FAX Number 800-274-8775 Email Address Linda.moore@tempest.im 12 RFQ 15-6434 Destination Mgt System 04152015 Copier County Administrative Services Department Procurement Services Division Attachment 2:Affidavit for Claiming Status as a Local Business Solicitation: RFQ 15-6434 Web Based Destination Management System • (Check appropriate boxes below and complete the form in its entirety.) • • State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business • with a permanent physical business address located within the limits of Collier County from which the vendor's staff • operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base,and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Year Business Established in ECollier County or❑ Lee County: Number of Employees(Including Owner(s)or Corporate Officers):1 B Number of Employees Living in ❑Collier County or❑ Lee(Including Owner(s)or Corporate Officers):0 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: iDSS Date:4/20/2015 Collier or Lee County Address:NT- Signature Title: President STATE OF FLORIDA: ❑COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public,for the above State and County,on this 20th Day of April, 2015. dk Notary Public My Uomission Expires: 1/3/0-67 m (AF ' f"'C. AAMIGH OLSON Notary Public ► I ' 1 Minnesota M Comm.Ex .Jan.31.2017 13 RFQ 15-6434 Destination Mgt System 04152015 1CD Coiner County Administrative Services Department Procurement Services Division Attachment 3: Vendor Substitute W—9 In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information) Taxpayer Name iDSS Global,LLC (as shown on income tax return) Business Name iDSS (if different from taxpayer name) Address 250 Marquette Avenue South,Suite 1330 City Minneapolis State MN Zip 55401 Telephone 612-767-7800 FAX 612-767-7821 Email mlynch @iDSS.com Order Information Remit/Payment Information Address Address 2509 N Campbell#23 City State Zip City Tucson State Arizona Zip 85719 FAX FAX Email Email Linda.Moore@tempest.im 2. Company Status(check only one) • _Individual/Sole Proprietor _Corporation Partnership • • _Tax Exempt(Federal income tax-exempt entity X Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN)61-1744160 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury,t certify that the information shown on this form is correct to my knowledge. Signature(O '- Date 4/20/2015 Title President Phone Number 612-767-7822 14 RFQ 15-6434 Destination Mgt System 04152015 U Collier County Administrative Services Department Procurement Services Division Attachment 4: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals(RFP) submittals. Further, Vendors are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name iDSS Print Name Mark P. Lynch Title President Signature - y��jf�-� Date 4/20/2015 State of Minnesota County of Hennepin The foregoing instrument was signed and acknowledged before me this 20 day of April,2015,by M. k Lynch who has produced MN DL#R748169965219 as identification. / (Print or T pe (Type of Identification and Number) 7rota Public Signature Sylvia L Olson ; Mfri'" eta Printed Name/of,Egtar _P I M Comm.EX' Jan,.1 2117 .J'7 o f . .W.,�.. Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 15 RFQ 15-6434 Destination Mgt System d 04152015 Coder County Administrative Services Department Procurement Services Division Attachment 4: Immigration Affidavit Certification 'mom, EV.$fy-Esptyer tV6ud-Cm.prep IerormOm .r�it E Vert Fy )�t /yr�sw : 9 vp t Employment Eligibility Veititstlion A_xanderHeimann Moe 10 it 15 AM-11J2&2014 leg out clidt'atti.for help 14ame Company Information myc New Case Company Name: 1055 Global LLD View Cases View 1 Edit Search Cases Company ID Number. 832508 Erin Profile Name: Doing Business As IDBA) Name: Change Password I DUNS Number: Change SeoariN Cues ions !ayc•>r,:, Physical Location: Mailing Address: Ede Company Profile Address 1: 250 Marquette South Suite Address 1: 2509 N Campbell#23 Add Next User i 1330 View Existing Users ; Address 2: Address 2: Close Company Aornunt Clty: Minneapolis City: Tucson ! State: MN State: AZ View Reports ? Zip Code: 55401 Zip Code: 95719 fly pcuuers i County: HENNEPIN VIM Essential Renames Take Tutorial Additional Information: i View User Manua: i Employer Identification Number:61 1744160 Share Ideas l Total Number of Employees: 5 to 9 Contact Us Parent Organization: Tempest,Inc AdMi nistrator: Organization Designation: Employer Category: None of these categories apply Wpnla_audy.mdr.swtremir ftooraim dopo rig 15 ; RFQ 15-6434 Destination Mgt System 04152015 Cofer County Administrative Services Department Procurement Services Division Attachment 5: Quotation Response Form COLLIER COUNTY I NAPLES.MARCO ISLAND&EVERGLADES CVB DESTINATION MANAGEMENT SYSTEM PAGE-10F 1 PREPARED BY:Msrk Lynch-President.IDES FEE SCHEDULE Fee Schedule for Destination Management System Reference the tables below for a breakdown of costs associated with the project. LINE ITEM ACTIVATION/IMPLEMENTATION ACTIVATION FEE $00.00 DATA MIGRATION 500.00 j ON-SITE TRAINING $00.00 .IMPLEMENTATION TOTAL — —� 500.00- MONTHLY SUBSCRIPTIONS - t i DESTINATION MANAGEMENT SYSTEM(UP TO 8 USERS) $40 5400.00 PARTNER INTERFACE)XTRANET LEAD DISTRIBUTION&RESPONSE i S100.00 TOTAL MONTHLY SUBSCRIPTIONS ( $500.00 OPTIONAL FEATURES/SERVICES CONSULTING/WORK WITH STAFF ON PROCESS AND BEST PRACTICES 1 $125.00 PER HOUR ONUNE/TELEPHONE TRAINING(NEW HIRES,REFRESHER,ADVANCED) S125.00 PER HOUR CUSTOM REPORTING $125,00 PER HOUR DATA UPDATES $125.00 PER HOUR CUSTOM DEVELOPMENT 5125.00 PER HOUR TOTAL SUBSCRIPTION MONTHLY COST S500.00 IDES 250 Marquette Avenue South#1330 Minneapolis.MN 55401 Office:Office:612-767-7800 Fax:612-767-7821 VIDSS US Patent:8,560,355 Australian Patent:2,005.214,960 inlernei dtstinutie:so es syslent - 17 40 RFQ 15-6434 Destination Mgt System 04152015 <--'+‘ ,) cn Lu : • • • L co . .. :,..:.:.... . . tU a) a) 4 . ......,.....,......:. ... . .... . 1 ,.....: , . ,. ..:.....:_.., .:.:..•:.:.:•.... ..:.•„:.:••....... .:..:::.:.............. .:.:..: . ....,:.:::..,.... ... .. ,....,....:....,. T „, L+J GP . Exhibit I: Scope of Work, Specifications and Response Format Background The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Florida Government, is interested in identifying and contracting with a company that can provide a web based Destination Management System (DMS) for our various databases. The services desired are outlined in the scope below. A separate contractual relationship will be established with the successful bidder on behalf of the CVB through the Collier County Purchasing Department. Services Required: The Tourism Division is looking for a web based software solution to manage a wide variety of databases including global, regional and local tourism industry contacts, meeting planners, tour operators, travel agents film and other media producers, etc. Please indicate by circling Yes or No for each attribute listed below for your firm's proposed software management package. Include in quote form a web link for your electronic brochure. In order to qualify, the Quoter must meet or exceed a 80% score (20 out of 25 options). Once meeting the minimum system requirements, the lowest, responsive and responsible bidder based on pricing will be awarded the contract. Yes 'N A comprehensive Sales and Customer Relationship Management (CRM) program tailored to Destination Marketing Organizations (DMO) users. g.Yes 'No Access to data on a 24 hour 7 day a week basis with password protection for an unlimited number of staff or tourism industry partners or work stations. On line Help Section on software owners'website for all aspects of the system 3. Yes N Full time technical support via telephone or internet 4 Yes 'N Conversion of all existing data from current CRM system. Yes 'No Training for CVB staff and tourism industry partners on the use of the system must be a part of the initial set up of the software system. Periodic updates of training will be at no additional charge other than pre-approved travel expenses. Travel expenses will be paid in accordance with Section 112.061, Florida Statutes. Yes 'No CVB data hosted on a fully redundant infrastructure located in an off-site data center. Yes 'No System upgrades, modifications, improvements and enhancements and related training on those changes at no additional charge to the CVB as a current subscriber. kft Yes 'No All data provided to the owner of the software will remain the property of the CVB. 3 RFQ 15-6434 Destination Mgt System C,P 04152015 9. Yes No Set up of initial database and migration from current system will be on a flat one time charge. 10, Yes No Annual subscription fees will be billed monthly. No prepaid or up front expenses are allowable. 11.Yes Ability for the CVB to choose only the modules needed and not pay for those that are not used. At present those services that the CVB is utilizing include: 1. Convention Sales 2. Industry Partner Management 3. Sports Sales 4. Site Inspections 5. Familiarization Trips and Site Review itineraries 6. Press Trips 7. Trade Shows 8. Invoicing 9. Query and other reports 10. Media Relations 11. Integration with Destination Marketing Association Intl. (DMAI) impact calculator and other measurement tools and metrics. 12.Yes !N Ability to interface the CRM with the database maintained by the CVB's website provider through an API or other interface means. 13.Yes Ability for our hotel partners to access the system (password protected) to download meeting planner Requests for Proposals (RFP's) and to report through the system the results of that RFP. 14, Yes 'II Ability to automatically prompt hotel partners on lead opportunities and lead updates. 15.Yes 'Nol Ability to prompt CVB staff to daily follow up tasks 116. Yes Nol Full range of reports and queries on all aspects of the database system available to CVB staff at any time with the ability to customize the reports to the needs of the CVB. These reports should include Pending, Definite and Lost business. 117. Yes No Ability to measure the Return on Investment (ROI) on any RFP including CVB and partner dollars invested in soliciting the group business. 118. Yes * Ability to download any portion of the database in several formats including Microsoft Excel and Word. 19 Yes 'No Periodic audit of the CVB total database to indicate areas of concern that need additional follow up. 4 CA RFQ 15-6434 Destination Mgt System 04152015 120 Yes 'N A special merge capability to detect duplicate accounts that may have been entered in error 0-T Yes 'N System interface with Microsoft Outlook for ease of handling of e-mails and posting to data record of all communications for that contact or prospect. 122''Yes 'No Integration with external e-mail providers such as Exact Target and Constant Contact 23. Yes No Unlimited number of addresses in bulk e-mail distribution from the system, or interface with external distribution system if"spam" issues are of concern. 4. Yes, Nol Capability to track and manage expenses associated with soliciting new business to the destination 25. Yes, No Easy to use internal database search capability with intuitive "wild card"options. Term of Contract The contract term, if an award is made is intended to be for the initial term will be for two (2) years with two one (1)year renewals at the sole discretion of the County. The agreement will be in the form of a standard Collier County contract. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and Project Manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Award Criteria Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to award to the lowest, qualified and responsive quoter. This solicitation will be awarded based on meeting qualifications/requirements; and then based on the lowest total of the following services on Attachment 5 Vendor Response form. Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. Projected Timetable Event Date Issue Solicitation Notice 4/9115 Last Date for Receipt of Written Questions 4/21/15 Solicitation Deadline Date and Time 4/28/15 Anticipated Evaluation of Submittals Week of May 4th 5 RFQ 15-6434 Destination Mgt System 04152015 - 0 0 0 0 0 0 0 0 O u1 O J O I I— IJ O w 4 O Z } } if 1- f try i I -C 1- C ■ Z C • G a) Q) L L I I I M I = J ..I V N e-1 c-4 r-I ri (-I !-I (-l i a--I U cn C C U E d -0 M as v cco j '1 C _o L , cD co � ,Q) LA T.1 N O - 0 j, N .c Y C' C b0 C I.,.+ C • L- C) c Q- -o w al a a CU v VI C m �• V(13 • Vi 0 - ) m ;y,:, Lc (0 00 C a t-i CU vi z CO O> aO c d > CG o 14- -a L 4 c s C r 2 4_ re C N Q m) 1— 'O O ! C In Vl u. QI L 0 Lu Q O L)) t0 -c U a C 7 ❑. -0 O C +� J N N m tn ■ u CG L N U O Q L O L ^ d N a to c-•( X C F- a-+ L O 4{�1' ..Q E 0 Q) a s v) 0 c u E a V) O SZ 7 C >. Q I— LO m tn 7 L O � C U C O LL J C � N Q N C C E N C N O Q (O O Q1 n VI . O bA L 0 d. I C0 E c L a) u (0 0.0 a. m C a C N N a 1Q-. 4) m CU L L •m In m •O 03 H W CL) C i M a Ql (1) Q) L m N •L VI L y_, C G .y..� CO +J > Y F- -d Q) N Li) O 0 c Z a I y, -0 m C.) c QI 47, > M w L f m + C a 0 m n C C Q Ou x - O >- a) E m m Q Q) L L c U c (b - U 0 fn CJ Ste, Q ,_ _1 in O Co > u u a u. a) v-+ N m ILI) (C N CO CO L 2..1 CO Q.. a Coer County Administrative Services Department Procurement Services Division REQUEST FOR QUOTE Date: April 9, 2015 From: Brenda Brilhart, Procurement Strategist (239) 252 - 8446 (Telephone) 239) 252 - 6697 (FAX) brendabrilhart @colliergov.net (Email) To: Prospective Vendors Subject: RFQ 15-6434 Web Based Destination Management System (DMS) As requested by the Tourism Division, the Collier County Board of County Commissioners Procurement Services Division has issued this Request for Quotes, "RFQ", for the purpose of obtaining fair and competitive responses in accordance with the terms, conditions and specifications stated herein. If you have immediate questions regarding the specifications or intended scope of work, you must make those inquiries via the Online Bidding System at www.colliergov.net/bid, and for general questions, you may contact the Procurement Strategist noted above by telephone or email. Your quotation response is due via the Online Bidding System at www.colliergov.net/bid no later than the date and time specified in the Public Notice on page two (2). Quotations received after the date and time specified will not be accepted. If your firm is unable to respond electronically, your quotation must be received in the office of the Purchasing Department at the above referenced address no later than the time and date specified. No late quotation responses will be accepted. We look forward to your participation in Collier County's competitive procurement process. c: Jack Wert, Director, Tourism Division r'n-xanr';xrrF&;^xr�s;,i,,+cam• :;2'/lamami hail Last•Napes lorde 34117 4901.239-62-8431 AWA.WA,eigos ne9prcauren entservioes 1 RFQ 15-6434 Destination Mgt System 04152015 Copier County Administrative Services Department Procurement Services Division Public Notice The Collier County Purchasing Department is requesting quotation responses from interested and qualified firms to provide a web based software solution to manage a wide variety of databases including global, regional and local tourism industry contracts, meeting planners, tour operators, travel agents, sports organizers, etc. Your quotation response is due in the Collier County online bidding system no later than 3:00 PM on April 28, 2015, at www.colliergov.net/bid. Quotation responses received after the time and date noted will not be accepted. If your firm is unable to respond electronically, your quotation must be received in the office of the Purchasing Department at the above referenced address no later than the time and date specified. No late quotation responses will be accepted. All quotation responses shall be made on the Quotation Response Form attached herein. Any firm who is a recipient of County funds, or who proposes to perform any work or furnish any goods under this RFQ shall not discriminate against any worker, employee or applicant or any member of the public based on age, race, color, sex, religion, national origin, disability or marital status, nor otherwise commit an unfair employment practice. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /S/ Joanne Markiewicz Director, Procurement Services Division r.. P,,x urcment Sews Oies l•3327 Tarniamt Trail East•Napes.Fleet,'34112-4901.239-252-8407•wwm.eoi€ergov net?prrcurernentseeices 2 RFQ 15-6434 Destination Mgt System 04152015 Exhibit I: Scope of Work, Specifications and Response Format Background The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Florida Government, is interested in identifying and contracting with a company that can provide a web based Destination Management System (DMS) for our various databases. The services desired are outlined in the scope below. A separate contractual relationship will be established with the successful bidder on behalf of the CVB through the Collier County Purchasing Department. Services Required: The Tourism Division is looking for a web based software solution to manage a wide variety of databases including global, regional and local tourism industry contacts, meeting planners, tour operators, travel agents film and other media producers, etc. Please indicate by circling Yes or No for each attribute listed below for your firm's proposed software management package. Include in quote form a web link for your electronic brochure. In order to qualify, the Quoter must meet or exceed a 80% score (20 out of 25 options). Once meeting the minimum system requirements, the lowest, responsive and responsible bidder based on pricing will be awarded the contract. 1. Yes / No A comprehensive Sales and Customer Relationship Management (CRM) program tailored to Destination Marketing Organizations (DMO) users. 2. Yes / No Access to data on a 24 hour 7 day a week basis with password protection for an unlimited number of staff or tourism industry partners or work stations. On line Help Section on software owners' website for all aspects of the system 3. Yes / No Full time technical support via telephone or internet 4. Yes / No Conversion of all existing data from current CRM system. 5. Yes / No Training for CVB staff and tourism industry partners on the use of the system must be a part of the initial set up of the software system. Periodic updates of training will be at no additional charge other than pre-approved travel expenses. Travel expenses will be paid in accordance with Section 112.061, Florida Statutes. 6. Yes / No CVB data hosted on a fully redundant infrastructure located in an off-site data center. 7. Yes / No System upgrades, modifications, improvements and enhancements and related training on those changes at no additional charge to the CVB as a current subscriber. 8. Yes / No All data provided to the owner of the software will remain the property of the CVB. 3 CAO RFQ 15-6434 Destination Mgt System 04152015 9. Yes / No Set up of initial database and migration from current system will be on a flat one time charge. 10. Yes / No Annual subscription fees will be billed monthly. No prepaid or up front expenses are allowable. 11. Yes / No Ability for the CVB to choose only the modules needed and not pay for those that are not used. At present those services that the CVB is utilizing include: 1. Convention Sales 2. Industry Partner Management 3. Sports Sales 4. Site Inspections 5. Familiarization Trips and Site Review itineraries 6. Press Trips 7. Trade Shows 8. Invoicing 9. Query and other reports 10. Media Relations 11. Integration with Destination Marketing Association Intl. (DMAI) impact calculator and other measurement tools and metrics. 12. Yes / No Ability to interface the CRM with the database maintained by the CVB's website provider through an API or other interface means. 13. Yes / No Ability for our hotel partners to access the system (password protected) to download meeting planner Requests for Proposals (RFP's) and to report through the system the results of that RFP. 14. Yes / No Ability to automatically prompt hotel partners on lead opportunities and lead updates. 15. Yes / No Ability to prompt CVB staff to daily follow up tasks 16. Yes/ No Full range of reports and queries on all aspects of the database system available to CVB staff at any time with the ability to customize the reports to the needs of the CVB. These reports should include Pending, Definite and Lost business. 17. Yes / No Ability to measure the Return on Investment (ROI) on any RFP including CVB and partner dollars invested in soliciting the group business. 18. Yes / No Ability to download any portion of the database in several formats including Microsoft Excel and Word. 19. Yes / No Periodic audit of the CVB total database to indicate areas of concern that need additional follow up. 4 CA RFQ 15-6434 Destination Mgt System 04152015 20. Yes / No A special merge capability to detect duplicate accounts that may have been entered in error 21. Yes / No System interface with Microsoft Outlook for ease of handling of e-mails and posting to data record of all communications for that contact or prospect. 22. Yes / No Integration with external e-mail providers such as Exact Target and Constant Contact 23. Yes / No Unlimited number of addresses in bulk e-mail distribution from the system, or interface with external distribution system if "spam" issues are of concern. 24. Yes / No Capability to track and manage expenses associated with soliciting new business to the destination 25. Yes / No Easy to use internal database search capability with intuitive "wild card" options. Term of Contract The contract term, if an award is made is intended to be for the initial term will be for two (2) years with two one (1) year renewals at the sole discretion of the County. The agreement will be in the form of a standard Collier County contract. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and Project Manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Award Criteria Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to award to the lowest, qualified and responsive quoter. This solicitation will be awarded based on meeting qualifications/requirements; and then based on the lowest total of the following services on Attachment 5 Vendor Response form. Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. Projected Timetable Event Date Issue Solicitation Notice 4/9/15 Last Date for Receipt of Written Questions 4/21/15 Solicitation Deadline Date and Time 4/28/15 Anticipated Evaluation of Submittals Week of May 4th 0 RFQ 15-6434 Destination Mgt System 04152015 Instructions: 1. Complete and submit by the time and date specified in the Public Notice: • Attachments 1 — 5 • Technical Architecture Requirements Document • E-Verify profile page and/or the Memorandum of Understanding This will constitute your acceptance of the specifications, terms and conditions as listed. If taking exception to any part or section of this request for information/quotation, please indicate such exceptions on a separate sheet entitled "Exceptions." 2. This will constitute your acceptance of the specifications, terms and conditions as listed. If taking exception to any part or section of this request for information/quotation, please indicate such exceptions on a separate sheet entitled "Exceptions." 3. Your quote may not be accepted unless all requested information is furnished. 4. The Collier County Purchasing Department reserves the right to reject any and all quotes. 5. All quotations must be made on the quotation form furnished by the County. No quote will be considered unless the quotation form is properly signed. 6. As a result of any purchase order issued as a result of this quote, the supplier agrees: To accept the following Collier County payment options: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. To submit invoices according to documentation received on the purchase order to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or, email to bccapclerk @collierclerk.com Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount 6 RFQ 15-6434 Destination Mgt System 04152015 owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 7. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. 8. If required, Vendor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 9. The Vendor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 10. The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 11. The County's Project Manager shall coordinate with the Vendor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 12. Collier County Information Technology Requirements: If required, all vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.colliergov.net/purchasing. Collier County Technical Requirements questionnaire attached as a separate file. If this document is not submitted with your bid response, your bid response may be deemed non-responsive. CAS 7 RFQ 15-6434 Destination Mgt System 04152015 Exhibit II: Standard Purchase Order Terms and Conditions 1. Offer actual receipt of the goods by the COUNTY This offer is subject to cancellation by the nonetheless remain with VENDOR. COUNTY without notice if not accepted by b) No charges will be paid by the COUNTY for VENDOR within fourteen (14) days of issuance. packing, crating or cartage unless otherwise specifically stated in this Purchase Order. 2. Acceptance and Confirmation Unless otherwise provided in Purchase This Purchase Order (including all documents Order, no invoices shall be issued nor attached to or referenced therein) constitutes payments made prior to delivery. Unless the entire agreement between the parties, unless freight and other charges are itemized, any otherwise specifically noted by the COUNTY on discount will be taken on the full amount of the face of this Purchase Order. Each delivery of invoice. goods and/or services received by the COUNTY c) All shipments of goods scheduled on the from VENDOR shall be deemed to be upon the same day via the same route must be terms and conditions contained in this Purchase consolidated. Each shipping container must Order. be consecutively numbered and marked to show this Purchase Order number. The No additional terms may be added and Purchase container and Purchase Order numbers must Order may not be changed except by written be indicated on bill of lading. Packing slips instrument executed by the COUNTY. VENDOR must show Purchase Order number and is deemed to be on notice that the COUNTY must be included on each package of less objects to any additional or different terms and than container load (LCL) shipments and/or conditions contained in any acknowledgment, with each car load of equipment. The invoice or other communication from VENDOR, COUNTY reserves the right to refuse or notwithstanding the COUNTY'S acceptance or return any shipment or equipment at payment for any delivery of goods and/or VENDOR'S expense that is not marked with services, or any similar act by VENDOR. Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any 3. Inspection shipment made under this Purchase Order All goods and/or services delivered hereunder and the full invoice value of such shipment. shall be received subject to the COUNTY'S d) All invoices must contain the Purchase Order inspection and approval and payment therefore number and any other specific information as shall not constitute acceptance. All payments are identified on the Purchase Order. Discounts subject to adjustment for shortage or rejection. of prompt payment will be computed from the All defective or nonconforming goods will be date of receipt of goods or from date of returned pursuant to VENDOR'S instruction at receipt of invoices, whichever is later. VENDOR'S expense. Payment will be made upon receipt of a proper invoice and in compliance with To the extent that a purchase order requires a Chapter 218, Fla. Stats., otherwise known as series of performances by VENDOR, the the "Local Government Prompt Payment COUNTY prospectively reserves the right to Act," and, pursuant to the Board of County cancel the entire remainder of the Purchase Commissioners Purchasing Policy. Order if goods and/or services provided early in the term of the Purchase Order are 5. Time Is Of the Essence non-conforming or otherwise rejected by the Time for delivery of goods or performance of COUNTY. services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery 4. Shipping and Invoices schedules or deliver within a reasonable time, as a) All goods are FOB destination and must be interpreted by the COUNTY in its sole judgment, suitably packed and prepared to secure the shall entitle the COUNTY to seek all remedies lowest transportation rates and to comply available to it at law or in equity. VENDOR with all carrier regulations. Risk of loss of agrees to reimburse the COUNTY for any any goods sold hereunder shall transfer to expenses incurred in enforcing its rights. the COUNTY at the time and place of VENDOR further agrees that undiscovered delivery; provided that risk of loss prior to delivery of nonconforming goods and/or services CAO 8 RFQ 15-6434 Destination Mgt System 04152015 is not a waiver of the COUNTY'S right to insist including but not limited to attorneys' fees, arising upon further compliance with all specifications. from, caused by or related to the injury or death of any person (including but not limited to 6. Changes employees and agents of VENDOR in the The COUNTY may at any time and by written performance of their duties or otherwise), or notice make changes to drawings and damage to property (including property of the specifications, shipping instructions, quantities COUNTY or other persons), which arise out of or and delivery schedules within the general scope are incident to the goods and/or services to be of this Purchase Order. Should any such change provided hereunder. increase or decrease the cost of, or the time required for performance of the Purchase Order, 11. Warranty of Non-Infringement an equitable adjustment in the price and/or VENDOR represents and warrants that all goods delivery schedule will be negotiated by the sold or services performed under this Purchase COUNTY and VENDOR. Notwithstanding the Order are: a) in compliance with applicable laws; foregoing, VENDOR has an affirmative obligation b) do not infringe any patent, trademark, to give notice if the changes will decrease costs. copyright or trade secret; and c) do not constitute Any claims for adjustment by VENDOR must be unfair competition. made within thirty (30) days from the date the change is ordered or within such additional VENDOR shall indemnify and hold harmless the period of time as may be agreed upon by the COUNTY from and against any and all claims, parties. including claims of negligence, costs and expense, including but not limited to attorneys' 7. Warranties fees, which arise from any claim, suit or VENDOR expressly warrants that the goods proceeding alleging that the COUNTY'S use of and/or services covered by this Purchase Order the goods and/or services provided under this will conform to the specifications, drawings, Purchase Order are inconsistent with VENDOR'S samples or other descriptions furnished or representations and warranties in section 11 (a). specified by the COUNTY, and will be of satisfactory material and quality production, free If any claim which arises from VENDOR'S breach from defects and sufficient for the purpose of section 11 (a) has occurred, or is likely to intended. Goods shall be delivered free from any occur, VENDOR may, at the COUNTY'S option, security interest or other lien, encumbrance or procure for the COUNTY the right to continue claim of any third party. These warranties shall using the goods or services, or replace or modify survive inspection, acceptance, passage of title the goods or services so that they become and payment by the COUNTY. non-infringing, (without any material degradation in performance, quality, functionality or additional 8. Statutory Conformity cost to the COUNTY). Goods and services provided pursuant to this Purchase Order, and their production and 12. Insurance Requirements transportation shall conform to all applicable The VENDOR, at its sole expense, shall provide laws, including but not limited to the Occupational commercial insurance of such type and with such Health and Safety Act, the Federal terms and limits as may be reasonably Transportation Act and the Fair Labor Standards associated with the Purchase Order. Providing Act, as well as any law or regulation noted on the and maintaining adequate insurance coverage is face of the Purchase Order. a material obligation of the VENDOR. All insurance policies shall be executed through 9. Advertising insurers authorized or eligible to write policies in No VENDOR providing goods and services to the the State of Florida. COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or 13. Compliance with Laws services, or appropriate or make use of the In fulfilling the terms of this Purchase Order, COUNTY'S name or other identifying marks or VENDOR agrees that it will comply with all property without the prior written consent of the federal, state, and local laws, rules, codes, and COUNTY'S Purchasing Department. ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities 10. Indemnification Act and all prohibitions against discrimination on VENDOR shall indemnify and hold harmless the the basis of race, religion, sex creed, national COUNTY from any and all claims, including origin, handicap, marital status, or veterans' claims of negligence, costs and expenses, status. Further, VENDOR acknowledges and % 9 RFQ 15-6434 Destination Mgt System icp,p 04152015 without exception or stipulation shall be fully such breach and VENDOR has failed to cure responsible for complying with the provisions of within 10 days of receipt of such notice. the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and 19. General regulations relating thereto, as either may be a) This Purchase Order shall be governed by amended. Failure by the awarded firm(s) to the laws of the State of Florida. The venue comply with the laws referenced herein shall for any action brought to specifically enforce constitute a breach of the award agreement and any of the terms and conditions of this the County shall have the discretion to Purchase Order shall be the Twentieth unilaterally terminate said agreement Judicial Circuit in and for Collier County, immediately. Any breach of this provision may Florida be regarded by the COUNTY as a material and b) Failure of the COUNTY to act immediately in substantial breach of the contract arising from response to a breach of this Purchase Order this Purchase Order. by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any 14. Force Majeure default by VENDOR hereunder shall not be Neither the COUNTY nor VENDOR shall be deemed a waiver of any subsequent default responsible for any delay or failure in by VENDOR. performance resulting from any cause beyond c) All notices under this Purchase Order shall their control, including, but without limitation to be sent to the respective addresses on the war, strikes, civil disturbances and acts of nature. face page by certified mail, return receipt When VENDOR has knowledge of any actual or requested, by overnight courier service, or by potential force majeure or other conditions which personal delivery and will be deemed will delay or threatens to delay timely effective upon receipt. Postage, delivery and performance of this Purchase Order, VENDOR other charges shall be paid by the sender. A shall immediately give notice thereof, including all party may change its address for notice by relevant information with respects to what steps written notice complying with the VENDOR is taking to complete delivery of the requirements of this section. goods and/or services to the COUNTY. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with 15. Assignment this Purchase Order in accordance with VENDOR may not assign this Purchase Order, Florida Statute Chapter 112.061, Per Diem nor any money due or to become due without the and Travel Expenses for Public Officers, prior written consent of the COUNTY. Any employees and authorized persons. assignment made without such consent shall be e) In the event of any conflict between or deemed void. among the terms of any Contract Documents related to this Purchase Order, the terms of 16. Taxes the Contract Documents shall take Goods and services procured subject to this precedence over the terms of the Purchase Purchase Order are exempt from Florida sales Order. To the extent any terms and /or and use tax on real property, transient rental conditions of this Purchase Order duplicate property rented, tangible personal purchased or or overlap the Terms and Conditions of the rented, or services purchased (Florida Statutes, Contract Documents, the provisions of the Chapter 212), and from federal excise tax. Terms and/or Conditions that are most favorable to the County and/or provide the 17. Annual Appropriations greatest protection to the County shall The COUNTY'S performance and obligation to govern. pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of 10 RFQ 15-6434 Destination Mgt System 04152015 Collier County Administrative Services Division Procurement SeRices Attachment 1: Vendor Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFQ 15-6434 Web Based Destination Management System Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications/Scope of Work, and terms and conditions has been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed. The Vendor further declares that the only persons, company or parties interested in this RFQ or the Contract to be entered into as principals are named herein; that this RFQ is made without connection with any other person, company or companies submitting a RFQ; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this RFQ is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the RFQ Response Form. Such discounts, if any, will be considered and computed in the tabulation of the RFQs. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net_ Days Not interested in submitting a RFQ. RFQ Response Form is electronic. Please input your prices online. n RFQ Response Form — See Attachment#5 Form Note: If you choose to respond to this RFQ manually, please submit one (1) ORIGINAL clearly labeled MASTER and one (1) COPY of your RFQ response pages. RFQ 15-6434 Destination Mgt System 011 04152015 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number (www.sunbiz.orq\search.html) Federal Tax Identification Number CCR # or CAGE Code Telephone Number FAX Number Signature /Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address 12 RFQ 15-6434 Destination Mgt System 04152015 CO ter County Administrative Services Department Procurement Services Division Attachment 2: Affidavit for Claiming Status as a Local Business Solicitation: RFQ 15-6434 Web Based Destination Management System (Check appropriate boxes below and complete the form in its entirety.) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Year Business Established in ❑Collier County or El Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA: El COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this_Day of , 20_. Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 13 RFQ 15-6434 Destination Mgt System 04152015 Co Ter C.onnty Administrative Services Department Procurement Serr>ces Dwision Attachment 3: Vendor Substitute W—9 In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City _ State Zip FAX FAX Email Email 2. Company Status (check only one) Individual/Sole Proprietor _Corporation Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 14 RFQ 15-6434 Destination Mgt System 04152015 ColtiCT County Administrative Services Department Procurement Services Division Attachment 4: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/ Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of , 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. fop 15 RFQ 15-6434 Destination Mgt System 04152015 Co ier County Administrative Services Department Procurement Services Division Attachment 5: Quotation Response Form Form Provided in Separate File 16 RFQ 15-6434 Destination Mgt System 04152015