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TDC Agenda 10/26/2015 Tourist Development Council Agenda October 26 , 2015 10/22/2015 Collier County:October 26,2015 OCTOBER 26, 2015 Share&Bookmark Font Size: Print Feedback MEETING AGENDA&NOTICE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Collier County Government Center,Administration Bldg. F,3rd Floor 3299 East Tamiami Trail,Naples,FL 34112 October 26,2015 8:30 am Collier County Commission Chambers * Requires TDC Action 1.Call to Order 2.Pledge of Allegiance 3.Roll Call 4.*Changes and Approval of Agenda 5.*Approval of TDC Minutes a.*Regular Meeting 9/28/15 6. Presentations/Public Comment-(3 minutes each) a.Introduction of AVIAREPS Team from Brazil 7.New Business a.*Sports Facility RFP Vendor Selection(postponed from September meeting) b. *Sports Event Assistance Funding Application c.*NYFA Football Event Funding Request d.*Media Monitoring Service Agreement e.*Quarterly Financial Review f.*TDT Allocations g.*Fund 196 Restructuring Proposal h.*Wiggins State Park Toll Structures i.*Clam Pass Park Parking Improvements j.*Clam Pass Boardwalk Repair k.*Barefoot Beach Concession Renovations I. *Seminole Casino Hotel Donation 8.Old Business 9.Marketing Partner Reports a.Research Data Services—Walter Klages b.Paradise Advertising-Nicole Delaney c. Lou Hammond&Associates—PR Services-JoNell Modys http://www.colliergov.netIndex.aspx?page=7641 1/2 10/22/2015 Collier County:October 26,2015 d.Tax Collections-Jack Wert e.Miles Media-Website Activity f.Sales&Marketing Technologies-Search Engine Optimization g.Phase V-Fulfillment Services 10.Tourism Staff Reports a.Director-Jack Wert b.Sales&Marketing- Debi DeBenedetto c.Public Relations&Communications-JoNell Modys d.Film Office- Maggie McCarty e.Sports Marketing- Parker Medley f.International Representatives-Jack Wert g.Visitor Centers- Lori Lou Waddell 11.Detailed Staff Reports 12.Council Member Discussion 13.Next Scheduled Meeting Date/Location- November 23,2015 Collier County Government Center, Administration Bldg. F,3rd Floor,3299 East Tamiami Trail,Naples,Florida 34112 14.Adjournment All interested parties are invited to attend,and to register to speak and to submit their objections,if any,in writing,to the board prior to the meeting if applicable. For more information,please contact Jack Wert at(239)252-2402. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252- 8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No.99-22 requires that all lobbyists shall,before engaging in any lobbying activities (including,but not limited to,addressing the Board of County Commissioners)before the Board of County Commissioners and its advisory boards,register with the Clerk to the Board at the Board Minutes and Records Department. in as http://www.colliergov.net/index.aspx?page=7641 2/2 September 28, 2015 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, September 28, 2015 LET IT BE REMEMBERED the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following members present: Chairman: Commissioner Penny Taylor Vice Chairman: Rick Medwedeff Clark Hill Murray H. Hendel Susan Becker Robert Miller Ed (Ski) Olesky John Sorey, III Larry Sacher ALSO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Colleen Greene, Assistant County Attorney Kelly Green, Tourist Development Tax Coordinator Barry Williams, Parks and Recreation Director 1 September 28, 2015 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Commissioner Taylor Commissioner Taylor called the meeting to order at 8:30 A.M. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Roll Call A quorum was established. 4. Changes and Approval of Agenda Mr. Olesky moved to approve the agenda subject deleting Item 7.f-RFP#15-6419, Sports Facility Needs Study Vendor Selection. Second by Ms. Becker. Carried unanimously 9—0. 5. Approval of TDC Minutes a. Regular Meeting 7/28/15 Ms. Becker moved to approve the minutes of the July 28, 2015 Meeting as presented. Second by Mr. Olesky. Carried unanimously 9—0. 6. Presentations/Public Comment- (3 minutes each) Ian Mckeag, Collier Citizen Council,provided a copy of a letter to Commissioner Taylor dated September 28, 2015 regarding the Tourist Development Tax rate. He addressed the Council recommending the Tourist Tax be raised from the existing rate of 4 percent to 5 percent. Based on current collection rates, approximately 4 million additional dollars could annually be generated which could be dedicated to beach renourishment. The move would help in creating financial stability for the renourishment program and promote employment and economic prosperity for the region. Council discussion occurred on the merits of the request including topics such as the positive climate of tourism and hotel occupancy rates in the area, potential negative impacts on booking group sales events given the "lift" and other transportation costs in and out of the region are greater than that of competitors. The additional 1percent could not be dedicated to beach renourishment under statutory provisions, and changing the allocated percentage of funds dedicated to beach renourishment, to increase available dollars for the activity, would not garner the revenue estimated for beach renourishment projects under the proposal. Commissioner Taylor requested that staff place the item on the next meeting agenda for discussion. Staff to provide supporting data to aid in the discussion. 7. New Business a. Clam Pass Park Proposal Mr. McAlpin presented the Executive Summary "Recommendation to accept a proposal from CB&I Environmental&Infrastructure, Inc. dated August 3, 2015 for design,permitting and Engineer of Record services for the renourishment of Clam Pass Beach Park; to perform a critically eroded area analysis for Florida Department of Environmental Protection cost share funding; 2 September 28, 2015 approval of a Work Order under Contract#15-6382 and a not to exceed amount of$68,504.40; authorize the County Manager or his designee to execute this work order; authorize the necessary budget amendment; and make a finding that this expenditure promotes tourism (Project No. 90069)" dated September 28, 2015 for consideration. He noted: • The project involves renourishment of Clam Pass Park beach and is an out of cycle request at the direction of the Board of County Commissioners. • Work will be completed under the auspices of the new 15-year beach renourishment permit, via truck haul or dredging. • The scope of work includes a"critical eroded beach" analysis to determine any Florida Department of Environmental Protection(FDEP) cost sharing funds that may be available for this area. • Cost sharing is based on the number of parking spaces for public beach access and length of the beach with a 50%maximum allowed(staff anticipates approximately 30% would be granted under the program following any approval). Mr. Sorey moved to recommend the Board of County Commissioners accept a proposal from CB&I Environmental& Infrastructure,Inc. dated August 3, 2015 for design,permitting and Engineer of Record services for the renourishment of Clam Pass Beach Park; to perform a critically eroded area analysis for Florida Department of Environmental Protection cost share funding; approval of a Work Order under Contract#15-6382 for a not to exceed amount of $68,504.40; authorize the County Manager or his designee to execute this work order; authorize necessary budget amendment; and hereby finds this expenditure promotes tourism (Project No. 90069). Second by Mr. Olesky. Carried unanimously 9—0. b. Marco South Renourishment Permitting and Design Mr. McAlpin presented the Executive Summary "Recommendation to accept a proposal from CB&I Environmental&Infrastructure, Inc. dated July 13, 2015 for the Tropical Storm Debby beach renourishment design,permitting and Engineer of Record certification; approve a Work Order under Contract 15-6382 for a not to exceed amount of$57,649, authorize the County Manager or his designee to execute this work order and make a finding that this item promotes tourism (Project No. 90061)" dated September 28, 2015 for consideration. He noted: • The scope of work includes design, engineering and permitting services for beach damage that occurred as a result of Tropical Storm Debby in 2013. • He anticipates the project will be completed via truck haul/conveyor with approximately 13,000 cubic yards of material being placed on the beach. • Work will need to be completed outside of turtle nesting season and coordinated with the City of Marco Island to minimize the impact of traffic in the area. • The project has taken additional time to develop because staff has taken a"holistic" approach in identifying renourishment needs for the area, not only needs associated with storm damage. Mr. Olesky moved to recommend the Board of County Commissioners accept a proposal from CB&I Environmental& Infrastructure, Inc. dated July 13, 2015 for Tropical Storm Debby beach renourishment design,permitting and Engineer of Record certification; approve a work order under Contract#15-6382 for a not to exceed amount of$57,649; authorize the County 3 September 28, 2015 Manager or his designee to execute this work order and hereby finds this item promotes tourism (Project No. 90061). Second by Mr. Sacher. Carried unanimously 9—0. c. CH2M Hill Project Management Services Mr. Williams presented the Executive Summary "Recommendation to approve expenditures related to Collier County Tourist Development Council Category "A" Grant Beach Park Facilities projects for Fiscal Year 2016 for$52,500, a contract with CH2M Hill for project management services and make a finding that this expenditure promotes tourism" dated September 28, 2015 for consideration. He noted: • The scope of work is project management for several projects anticipated to be undertaken in FY15/16. • The Department currently has 4 project managers and the existing work load is one that requires out sourcing to manage project activities. • As projects are brought forth with actual construction costs, necessary charges for these services will be identified in detail. Mr. Sorey moved to recommend the Board of County Commissioners approve expenditures related to Collier County Tourist Development Council Category "A"Grant Beach Park Facilities Projects for Fiscal Year 2016 for$52,500, a contract with CH2M Hill to provide project management services and hereby finds this expenditure promotes tourism. Second by Mr. Olesky. Carried unanimously 9—0. d. FY 16 Strategic Plan Review Mr. Wert presented the Executive Summary "Review and make a recommendation to the Board of County Commissioners to approve the Fiscal Year 2016 Strategic Marketing Plan for the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) and make a finding that this item promotes tourism" dated September 28, 2015 for consideration. He noted: • The plan was developed in part by utilizing quarterly roundtable meetings with Staff, a TDC member and industry representatives. • The plan addresses all aspects of marketing tourism in the region. • It will be used to determine funding mechanisms for the fiscal year. • It has built in flexibility with a quarterly review process to address ever changing economic and social events. • It contains objectives with measurable parameters and identifies long term goals to aid in implementing the plan. • Staff is requesting a recommendation for approval as the item will be heard by the Board of County Commissioners in October. Discussion occurred on the burden the increase in full time/seasonal population is placing on existing roadway infrastructure in the area which may create a negative experience for tourists. Staff acknowledges the increased demand on road capacity and other infrastructure is a concern and they are seeking to become more engaged in the planning process from a tourism point of view. The council requested staff to determine if there are any statistics available regarding the number of people who visit the region as "tourists" and then convert to full time or seasonal residents. 4 September 28, 2015 Mr. Hendel moved to recommend the Board of County Commissioners approve the Fiscal Year 2016 Strategic Marketing Plan for the Naples, Marco Island and Everglades Convention & Visitors Bureau (CVB) and hereby finds this item promotes tourism. Second by Mr. Sacher. Motion carried unanimously 9—0. Mr. Wert presented the PowerPoint "Strategic Marketing Plan" for informational purposes and provided an overview of the plan. The following items were highlighted during the presentation: • An analysis of the cost/benefit in marketing to the country of Brazil should be done by staff to ensure that funds dedicated to promoting tourism are being used in the most efficient manner possible. • Any changes that are proposed in the allocation of the Tourist Tax revenue would not affect the plan because they would be implemented in FY16/17. e. Sports Event Assistance Grant Applications Mr. Wert presented the Executive Summary "Recommend approval of Tourist Tax Category "B" funding to support eight upcoming FY 2016 events under the Sports Event Assistance Program and make a finding that these expenditures promote tourism" dated September 28, 2015 for consideration. Mr. Hill moved to recommend the Board of County Commissioners approve Tourist Tax Category "B"funding to support eight upcoming FY 2016 events under the Sports Event Assistance Program and hereby finds this expenditure promotes tourism. Second by Ms. Becker. Motion carried unanimously 9—0. 8. Old Business a. Meeting Dates Mr. Wert reported TDC members were polled on their availability regarding two meeting times: 9:00 a.m., on the fourth Monday of the month; and 1:30 p.m., on the third Wednesday of the month. Results indicated a majority of the members were available on the fourth Monday of each month. Mr. Wert reported the meeting schedule will remain as is, and meetings will start at 8:30 a.m. to assist in accommodating the schedule of the Board of County Commissioner(BCC) Member who sits on the Council (the TDC meets the day before regularly scheduled BCC Meetings). b. Agenda Program Mr. Wert reported the council is attempting to move toward the use of"tablets" or other electronic devices at meetings to reduce the demand for paper copies of the meeting packet. The IT Department has informed him the service utilized by the BCC will no longer be available and they are testing new support programs for the system. He anticipates a new system will be available early next year and if it is successful for the BCC the TDC will attempt to utilize the format. Naples Pier Celebration Mr. Sorey reported there will be a public function to celebrate the reconstruction of the Naples Pier on November 5, 2015 at 5:30 p.m. Break: 10:23 a.m. 5 September 28, 2015 Reconvened: 10:34 a.m. Mr. Sacher left the meeting Mr. Hendel left the meeting 9. Marketing Partner Reports Mr. Wert presented the slideshow"Marketing Partner Reports—September 28, 2015" including the following reports presented by staff and consultants: a. Research Data Services—Jack Wert "Research Report—Klages Research and Research Data Services, Inc. " b. Paradise Advertising—Nicole Delaney Advertising Report Paradise Advertising and Marketing, Inc. —Meeting Photography and Video, September 28, 2015. " Mr. Sorey left the meeting at 11:04 a.m. c. Lou Hammond & Associates—PR Services—Jonell Modys "Public Relations Update TDC Meeting LHA Agency & CVB PR Highlights Report July— September 13"-September 28, 2015. d. Tax Collections—Jack Wert "Collier County Tax Collector Tourist Tax Collections" e. Miles Partners, Inc. —Website Activity—Jack Wert "Web Site Analytics" f. Sales & Marketing Technologies, Inc.— Search Engine Optimization—Jack Wert "Search Engine Services" g. Phase V - Fulfillment Services—Jack Wert "Phase V Fulfillment Services" 10. Tourism Staff Reports The following reports were submitted by staff: a. Director—Jack Wert b. Sales & Marketing—Debi Benedetti c. Public Relations & Communications—Jonell Modys d. Film Office—Jack Wert e. Sports Council—Jack Wert f. International Representatives—Jack Wert g. Visitor Centers—Jack Wert 11. Detailed Staff Reports Submitted 6 September 28, 2015 12. Council Member Discussion Ms. Becker queried on languages available on the website and visitor guides and staff reported websites are available in English, German, Spanish and Portuguese. Visitor guides are available in English, Spanish, Portuguese and German. Commissioner Taylor: 1. Reported the Media Guide is subject to a 1-year contract and the item will be put out to bid at the next cycle. 2. Recommended staff investigates grant guidelines to determine if pre-identified"signature events" should be allowed to use reporting data in addition to heads and beds, given they promote tourism in the area, but don't necessarily generate large numbers of over night visitors. One example was the Stone Crab Festival. 3. Presented a sonar view showing the success of a recently developed off shore reef in the Gulf of Mexico. 4. Requested staff to place tourist tax rate item toward the beginning of next month's meeting agenda. 13. Next Scheduled Meeting Date/Location—October 26,2015—8:30 a.m. Collier County Government Center, Administration Bldg. F,3rd Floor, 3299 Tamiami Trail East,Naples, Florida 34112 ***** There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11:47 A.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Chairman, Commissioner Penny Taylor These minutes approved by the Board/Committee on as presented or as amended 7 October 26, 2015 New Business 7-a 1 of 101 EXECUTIVE SUMMARY Recommendation to award RFP #15-6419 Sports Facilities Assessment to Hunden Strategic Partners, Inc., authorize the Chairman to execute the County Attorney approved agreement and make a finding that this expenditure promotes tourism. OBJECTIVE: Recommendation to award RFP #15-6419 Sports Facilities Assessment, and approve an Agreement with Hunden Strategic Partners,Inc.,for services related to a Sports Facilities Assessment. CONSIDERATIONS: The Sports Marketing section of the Tourism Division, operating as the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Government, solicited proposals from consultants to perform a sports and event facilities assessment for Collier County Florida. The proposed study will include sports participation trends, a detailed analysis of current sports facilities, an analysis of facilities needed in the near and distant future, a sports marketing plan, detailed revenue and expense analysis for needed or expanded facilities. The overall goal of the study is to evaluate the community's present and future sports facility needs and make recommendations for enhancing the community's ability to expand and grow the impact of sports tourism in Collier County. RFP#15-6419 Sports Facilities Assessment was publicly advertised on May 13,2015. Email notices were sent to 728 firms with 51 firms requesting full solicitation packages. Three (3) responses were received by the due date of June 10, 2015. A selection committee with representation from the County Manager's Office,Public Services Division,Parks and Recreation,Library,and the Tourism Department met on June 30, 2015 to review the proposals. By consensus of the committee members, Hunden Strategic Partners, Inc. was recommended for the award of this RFP and approval of the attached Agreement. FISCAL IMPACT: Funding in the amount of$70,000 is included in Tourism Promotion Fund 184 of the approved FY 16 Tourism budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. ADVISORY BOARD RECOMMENDATION: This item will be reviewed for recommendation by the TDC at the October 26,2015 meeting. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners awards RFP #15-6419 Sports Facilities Assessment to Hunden Strategic Partners, Inc. in the amount of $70,000, authorize the Chairman to execute the County Attorney approved Agreement and make a finding that this expenditure promotes tourism. PREPARED BY: Jack Wert,Tourism Director Attachments: RFP Document Vendor Proposal Final Ranking Sheet Agreement October 26, 2015 New Business 7-a 2 of 101 REQUEST FOR PROPOSAL Co Ter County Administrative Seiv±oes Division Procurement Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RFP 15-6419 Sports Facilities Assessment Brenda Brilhart, Procurement Strategist (239) 252-8446(Telephone) (239) 252-6697(Fax) brendabrilhart@colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Proemial SncaDapahasl•3327 Tamiami Trai East•Naples,Fbrida 34112-4901•www.eairpw.neYpurchainp October 26, 2015 New Business 7-a 3 of 101 Table of Contents LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS 9 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 12 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 15 ATTACHMENT 1: VENDOR'S NON-RESPONSE STATEMENT 23 ATTACHMENT 2: VENDOR CHECK LIST 24 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 25 ATTACHMENT 4: VENDOR DECLARATION STATEMENT 26 ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 28 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION 29 ATTACHMENT 7: VENDOR SUBSTITUTE W—9 30 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS 31 ATTACHMENT 9: REFERENCE QUESTIONNAIRE 33 October 26, 2015 New Business 7-a 4 of 101 Co 7B7'wi� Administrative Services Division Procurement Services Legal Notice Sealed Proposals to provide a report to include, but not limited to, a report on sports participation trends, a detailed analysis of current sports facilities, an analysis of facilities needed in the near and distant future, a sports marketing plan, detailed revenue and expense analysis and projected constructions costs for needed or expanded facilities. Proposals will be received until 3:00 PM Naples local time, on June 10, 2015 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. RFP 15-6419 Sports Facilities Assessment Services to be provided may include, but not be limited to the following: The Sports Marketing section of the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Government, is seeking a firm or individual to perform a sports and event facility needs analysis study for Collier County Florida. The proposed study would include sports participation trends, a detailed analysis of current sports facilities, an analysis of facilities needed in the near and distant future, a sports marketing plan, detailed revenue and expense analysis and projected constructions costs for needed or expanded facilities. . A pre-proposal conference will be not be held for this solicitation. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County Government Center on May 13, 2015. Premolar*Sewn Depalmert•3327 Taiwan Teal East•Naples,Fiends 34112-4901•way colicepov nellpurtherng October 26, 2015 New Business 7-a 5 of 101 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Tourism Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Scope of Work Overview: The Sports Marketing section of the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Government, is seeking a firm or individual to perform a sports and event facility needs analysis study for Collier County Florida. The proposed study would include sports participation trends, a detailed analysis of current sports facilities, an analysis of facilities needed in the near and distant future, a sports marketing plan, detailed revenue and expense analysis and projected constructions costs for needed or expanded facilities. The goal of the study is to evaluate the existing parks, recreation and school facilities and make recommendations for the County's current and future needs. Deliverables: 1) Identify and document present condition of sports, training, special event and performance facilities and infrastructure 2) Conduct public meetings, surveys and staff and stakeholder interviews 3) Provide report of participation and usage rates, comparison to other counties of similar size, national standards, resident needs 4) Identify opportunities to optimize current space 5) Review and project demographic trends 6) Projection of future space/facility needs 7) Provide analysis of the cost/benefits of providing new sports, training and special event and performance facilities 8) Provide analysis of the cost/benefits of building a competition venue/stadium. 9) Recommend best direction to optimize and package our current and/or proposed facilities 10)Prioritize future facility development and provide cost estimates (construction and operation) 11)Provide timeline for the entire assessment process including deliverables 12)Evaluate regional facility offerings and make recommendations for future development Term of Contract The contract term, if an award(s) is/are made is intended to be for a one year period. Prices shall remain firm for the entire term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. October 26, 2015 New Business 7-a 6 of 101 Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 5/13/15 Last Date for Receipt of Written Questions 5:00 PM 6/3/15 Pre-solicitation meeting N/A Addendum Issued By 6/4/15 Solicitation Deadline Date and Time 3:00 PM 6/10/15 Anticipated Evaluation of Submittals Week of 6/15/15 Anticipated Completion of Contract Negotiations Week of 6/29/15 Anticipated Board of County Commissioner's Contract Approval By 7/31/15 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non- responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. Tab I, Cover Letter/ Management Summary (Maximum two pages) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. List all proposed subcontractors who will participate on the team. October 26, 2015 New Business 7-a 7 of 101 Tab II, Project Approach & Understanding (15 points/ Maximum five pages) In this tab, include: • Detailed plan of approach (including major tasks and sub-tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. (Attachment not considered part of the page limitation for this section.) Tab III, Demonstrated Knowledge & Similar Projects (25 points/ Maximum seven pages) In this tab, include: • Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members' successful experience in working with one another on previous projects. • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes/bios of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. • Attach brief resumes/bios of any sub-consultants and attach letters of intent from stated sub-consultants must be included with proposal submission. • List Current Projects in the format identified below: Original Final Project Number of Project Description Start Date End Date Budget Cast Change Orders Tab IV: Cost to the County(20 points/ Maximum ten pages) In this tab, include • Provide proposed fee schedule of principals and staff(including sub-consultants). • Provide the projected total cost and estimated calendar day duration (including projected hours)for which your firm will provide the work as described in this RFP. Tab V, Experience and Qualifications (20 points/Maximum seven pages) In this tab, include: Complete the following information as requested to ensure consistent scoring of proposal. The proposers who do not provide the information as requested in the format below shall receive zero (0) points for this criterion. Index Experience&Qualifications Response 1. Indicate the number of years the proposing firm has been in business. (number of years) 2. Indicate the number of similar contracts that are currently being operated by this firm. (number) October 26, 2015 New Business 7-a 8 of 101 3. Provide the number of fulltime equivalent positions currently working for the firm. (number) • Provide a brief overview of the firm's key leadership personnel. 4. Provide the number of fulltime equivalent positions that will be assigned to this contract. (number) TOTAL Add items 1 —4 to determine the Firm's Experience and Qualification score. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to the Proposer's score in this area: • The greatest number of points (20)will be awarded to the Proposer who has the highest total score. • Points awarded will be extended to the whole number(per Microsoft Excel). For illustrative purposes only: Experience and Firm Qualifications Points Awarded ABC 52 20 DEF 35 13 GI-II 35 13 JKL 22 8 MNO 14 5 The Points Awarded to the Proposer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the firm's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Proposer. Tab VI, References (10 points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. October 26, 2015 New Business 7-a 9 of 101 • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Total Reference Vendor Name Points Awarded Score Vendor ABC 445 10 Vendor DEF 425 9.6 Vendor GHI 388 8.7 Vendor JKL 365 8.2 Vendor MNO 325 7.3 Note:Sample chart reflects a 10 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. Tab VIII, Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire • Other: licenses, certifications. October 26, 2015 New Business 7-a 10 of 101 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00 PM, Naples local time, on or before Date to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist October 26, 2015 New Business 7-a 11 of 101 The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and and (1) disk (CD's/DVD's) with one copy of the proposal in a Word, Excel or PDF format. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1) The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2) Request for Proposals issued. 3) Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4) Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5) The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6) Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3)working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7) The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), October 26, 2015 New Business 7-a 12 of 101 make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Project Approach & Understanding 15 Tab III, Demonstrated Knowledge & Similar Projects 25 Tab IV, Cost to the County 20 Tab V, Management Team & Subcontractors 20 Tab VI. References 10 Local Vendor Preference 10 TOTAL Number of Points 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12.Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. October 26, 2015 New Business 7-a 13 of 101 Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer b) No charges will be paid by the COUNTY for This offer is subject to cancellation by the packing, crating or cartage unless otherwise COUNTY without notice if not accepted by specifically stated in this Purchase Order. VENDOR within fourteen (14)days of issuance. Unless otherwise provided in Purchase Order, no invoices shall be issued nor 2. Acceptance and Confirmation payments made prior to delivery. Unless This Purchase Order (including all documents freight and other charges are itemized, any attached to or referenced therein) constitutes discount will be taken on the full amount of the entire agreement between the parties, unless invoice. otherwise specifically noted by the COUNTY on c) All shipments of goods scheduled on the the face of this Purchase Order. Each delivery of same day via the same route must be goods and/or services received by the COUNTY consolidated. Each shipping container must from VENDOR shall be deemed to be upon the be consecutively numbered and marked to terms and conditions contained in this Purchase show this Purchase Order number. The Order. container and Purchase Order numbers must be indicated on bill of lading. Packing slips No additional terms may be added and Purchase must show Purchase Order number and must Order may not be changed except by written be included on each package of less than instrument executed by the COUNTY. VENDOR container load (LCL) shipments and/or with is deemed to be on notice that the COUNTY each car load of equipment. The COUNTY objects to any additional or different terms and reserves the right to refuse or return any conditions contained in any acknowledgment, shipment or equipment at VENDOR'S invoice or other communication from VENDOR, expense that is not marked with Purchase notwithstanding the COUNTY'S acceptance or Order numbers. VENDOR agrees to declare payment for any delivery of goods and/or to the carrier the value of any shipment made services, or any similar act by VENDOR. under this Purchase Order and the full invoice value of such shipment. 3. Inspection d) All invoices must contain the Purchase Order All goods and/or services delivered hereunder number and any other specific information as shall be received subject to the COUNTY'S identified on the Purchase Order. Discounts inspection and approval and payment therefore of prompt payment will be computed from the shall not constitute acceptance. All payments are date of receipt of goods or from date of subject to adjustment for shortage or rejection. receipt of invoices, whichever is later. All defective or nonconforming goods will be Payment will be made upon receipt of a returned pursuant to VENDOR'S instruction at proper invoice and in compliance with VENDOR'S expense. Chapter 218, Fla. Stats., otherwise known as the"Local Government Prompt Payment Act," To the extent that a purchase order requires a and, pursuant to the Board of County series of performances by VENDOR, the Commissioners Purchasing Policy. COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase 5. Time Is Of the Essence Order if goods and/or services provided early in Time for delivery of goods or performance of the term of the Purchase Order are services under this Purchase Order is of the non-conforming or otherwise rejected by the essence. Failure of VENDOR to meet delivery COUNTY. schedules or deliver within a reasonable time, as 4. Shipping and Invoices interpreted by the COUNTY in its sole judgment, a) All goods are FOB destination and must be shall entitle the COUNTY to seek all remedies suitably packed and prepared to secure the available to it at law or in equity. VENDOR lowest transportation rates and to comply agrees to reimburse the COUNTY for any with all carrier regulations. Risk of loss of expenses incurred in enforcing its rights. any goods sold hereunder shall transfer to VENDOR further agrees that undiscovered the COUNTY at the time and place of delivery of nonconforming goods and/or services delivery; provided that risk of loss prior to is not a waiver of the COUNTY'S right to insist actual receipt of the goods by the COUNTY upon further compliance with all specifications. nonetheless remain with VENDOR. October 26, 2015 New Business 7-a 14 of 101 6. Changes including but not limited to attorneys'fees, arising The COUNTY may at any time and by written from, caused by or related to the injury or death notice make changes to drawings and of any person (including but not limited to specifications, shipping instructions, quantities employees and agents of VENDOR in the and delivery schedules within the general scope performance of their duties or otherwise), or of this Purchase Order. Should any such change damage to property (including property of the increase or decrease the cost of, or the time COUNTY or other persons), which arise out of or required for performance of the Purchase Order, are incident to the goods and/or services to be an equitable adjustment in the price and/or provided hereunder. delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the 11. Warranty of Non-Infringement foregoing, VENDOR has an affirmative obligation VENDOR represents and warrants that all goods to give notice if the changes will decrease costs. sold or services performed under this Purchase Any claims for adjustment by VENDOR must be Order are: a) in compliance with applicable laws; made within thirty (30) days from the date the b) do not infringe any patent, trademark, change is ordered or within such additional period copyright or trade secret; and c) do not constitute of time as may be agreed upon by the parties. unfair competition. 7. Warranties VENDOR shall indemnify and hold harmless the VENDOR expressly warrants that the goods COUNTY from and against any and all claims, and/or services covered by this Purchase Order including claims of negligence, costs and will conform to the specifications, drawings, expense, including but not limited to attorneys' samples or other descriptions furnished or fees, which arise from any claim, suit or specified by the COUNTY, and will be of proceeding alleging that the COUNTY'S use of satisfactory material and quality production, free the goods and/or services provided under this from defects and sufficient for the purpose Purchase Order are inconsistent with VENDOR'S intended. Goods shall be delivered free from any representations and warranties in section 11 (a). security interest or other lien, encumbrance or claim of any third party. These warranties shall If any claim which arises from VENDOR'S breach survive inspection, acceptance, passage of title of section 11 (a) has occurred, or is likely to and payment by the COUNTY. occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue 8. Statutory Conformity using the goods or services, or replace or modify Goods and services provided pursuant to this the goods or services so that they become Purchase Order, and their production and non-infringing, (without any material degradation transportation shall conform to all applicable in performance, quality, functionality or additional laws, including but not limited to the Occupational cost to the COUNTY). Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as 12. Insurance Requirements any law or regulation noted on the face of the The VENDOR, at its sole expense, shall provide Purchase Order. commercial insurance of such type and with such terms and limits as may be reasonably 9. Advertising associated with the Purchase Order. Providing No VENDOR providing goods and services to the and maintaining adequate insurance coverage is COUNTY shall advertise the fact that it has a material obligation of the VENDOR. All contracted with the COUNTY for goods and/or insurance policies shall be executed through services, or appropriate or make use of the insurers authorized or eligible to write policies in COUNTY'S name or other identifying marks or the State of Florida. property without the prior written consent of the COUNTY'S Purchasing Department. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all 10. Indemnification federal, state, and local laws, rules, codes, and VENDOR shall indemnify and hold harmless the ordinances that are applicable to the conduct of COUNTY from any and all claims, including its business. By way of non-exhaustive example, claims of negligence, costs and expenses, this shall include the American with Disabilities October 26, 2015 New Business 7-a 15 of 101 Act and all prohibitions against discrimination on This Purchase Order may be terminated at any the basis of race, religion, sex creed, national time by the COUNTY upon 30 days prior written origin, handicap, marital status, or veterans' notice to the VENDOR. This Purchase Order may status. Further, VENDOR acknowledges and be terminated immediately by the COUNTY for without exception or stipulation shall be fully breach by VENDOR of the terms and conditions responsible for complying with the provisions of of this Purchase Order, provided that COUNTY the Immigration Reform and Control Act of 1986 has provided VENDOR with notice of such as located at 8 U.S.C. 1324, et seq. and breach and VENDOR has failed to cure within 10 regulations relating thereto, as either may be days of receipt of such notice. amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall 19. General constitute a breach of the award agreement and a) This Purchase Order shall be governed by the County shall have the discretion to unilaterally the laws of the State of Florida. The venue terminate said agreement immediately. Any for any action brought to specifically enforce breach of this provision may be regarded by the any of the terms and conditions of this COUNTY as a material and substantial breach of Purchase Order shall be the Twentieth the contract arising from this Purchase Order. Judicial Circuit in and for Collier County, Florida 14. Force Majeure b) Failure of the COUNTY to act immediately in Neither the COUNTY nor VENDOR shall be response to a breach of this Purchase Order responsible for any delay or failure in by VENDOR shall not constitute a waiver of performance resulting from any cause beyond breach. Waiver of the COUNTY by any their control, including, but without limitation to default by VENDOR hereunder shall not be war, strikes, civil disturbances and acts of nature. deemed a waiver of any subsequent default When VENDOR has knowledge of any actual or by VENDOR. potential force majeure or other conditions which c) All notices under this Purchase Order shall will delay or threatens to delay timely be sent to the respective addresses on the performance of this Purchase Order, VENDOR face page by certified mail, return receipt shall immediately give notice thereof, including all requested, by overnight courier service, or by relevant information with respects to what steps personal delivery and will be deemed VENDOR is taking to complete delivery of the effective upon receipt. Postage, delivery and goods and/or services to the COUNTY. other charges shall be paid by the sender. A party may change its address for notice by 15. Assignment written notice complying with the VENDOR may not assign this Purchase Order, requirements of this section. nor any money due or to become due without the d) The Vendor agrees to reimbursement of any prior written consent of the COUNTY. Any travel expenses that may be associated with assignment made without such consent shall be this Purchase Order in accordance with deemed void. Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, 16. Taxes employees and authorized persons. Goods and services procured subject to this e) In the event of any conflict between or among Purchase Order are exempt from Florida sales the terms of any Contract Documents related and use tax on real property, transient rental to this Purchase Order, the terms of the property rented, tangible personal purchased or Contract Documents shall take precedence rented, or services purchased (Florida Statutes, over the terms of the Purchase Order. To the Chapter 212), and from federal excise tax. extent any terms and /or conditions of this Purchase Order duplicate or overlap the 17. Annual Appropriations Terms and Conditions of the Contract The COUNTY'S performance and obligation to Documents, the provisions of the Terms pay under this Purchase Order shall be and/or Conditions that are most favorable to contingent upon an annual appropriation of funds. the County and/or provide the greatest protection to the County shall govern. 18. Termination October 26, 2015 New Business 7-a Exhibit IV: Additional Terms and Conditions for RFP 16 of 101 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. October 26, 2015 New Business 7-a Should at any time the Vendor not maintain the insurance coverage(s) required herein,1efd8tinty may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 30% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. Vendor Performance Evaluation 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. 7. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. October 26, 2015 New Business 7-a The County's Project Manager, shall coordinate with the Contractor the return of any surpll s°faatts, including materials, supplies, and equipment associated with the scope or work. 8. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerkcollierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • 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. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. 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 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. October 26, 2015 New Business 7-a 19 of 101 • Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 9. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. 10. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 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. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 11. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 12. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally October 26, 2015 New Business 7-a responsible for any negligence on the part of said Vendor, their employees or agents, QsR.WiR6 in either bodily or personal injury or property damage to any individual, firm, or corporation. 13. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately 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. 14. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 15. Public Records Compliance The Vendor/Contractor 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. 16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 17. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 18. Survivability The Consultant agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 15-6419 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. October 26, 2015 New Business 7-a 21 of 101 19. Protest Procedures Any prospective proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 20. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 21. Security and Background Checks If required, Vendor/ Contractor/ Proposer 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. 22. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 23. 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, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by October 26, 2015 New Business 7-a the individual, firm, and/or any employee of the firm from contact with County staff for 4 veitied 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. 24. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders 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. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of 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 and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 25. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. 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 October 26, 2015 New Business 7-a structure shall not be used for the purpose of establishing said physical address. In adc& La 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. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. For all purchases of commodities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. 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. October 26, 2015 New Business 7-a 24 of 101 .:.4Ci01419t Administrative Services Division Procurement Services Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation RFP 15-6419—Sports Facilities Assessment for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date October 26, 2015 New Business 7-a 25 of 101 781'CiOLt/'LLY Ac�nirrative Setvbes Division Procurement Services Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation RFP 15-6419—Sports Facilities Assessment. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ❑ If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date October 26, 2015 New Business 7-a 26 of 101 767'Ci0M.111:;y Administrative Services Division Procurement Services Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of , 20 , by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires October 26, 2015 New Business 7-a 27 of 101 761'COL4l'ittY Administrative Services Division Procurement Services Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: RFP 15-6419—Sports Facilities Assessment Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: RFP 15-6419 — Sports Facilities Assessment. (Proposal Continued on Next Page) October 26, 2015 New Business 7-a PROPOSAL CONTINUED 28 of 101 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR#or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email October 26, 2015 New Business 7-a 29 of 101 c r..cam► AckninistrativeServioes Civisicn Procurement S Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: RFP 15-6419—Sports Facilities Assessment(Check Appropriate Boxes Below) 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 Section XI of 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. Vendor must complete the following information: Year Business Established in ❑Collier County or❑ 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 ❑ 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) October 26, 2015 New Business 7-a 30 of 101 ?iB7" , Co ty Adnmrstrative Services Division Procurement services Attachment 6: Immigration Affidavit Certification Solicitation: RFP 15-6419—Sports Facilities Assessment 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 / Bidders 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. October 26, 2015 New Business 7-a 31 of 101 let.AC014rity Administrative Services Division Procurement services Attachment 7:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification 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 October 26, 2015 New Business 7-a 32 of 101 76f'CiO4 mLY Administrative Services Division Procurement Services Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/ Consultant 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to 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. 4. ®Automobile Liability $500,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence [' Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate • Professional Liability $1,000,000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate October 26, 2015 New Business 7-a 33 of 101 ❑Valuable Papers Insurance $ Per Occurrence 6. [' Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. Ljb 2/23/2015 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number October 26, 2015 New Business 7-a 34 of 101 C yet'Cotialq► Aoiv�e SeMoes Division Procwert�ent services Attachment 9: Reference Questionnaire Solicitation: RFP 15-6419—Sports Facilities Assessment Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored"0." Project Description: Completion Date: Project Budget: Project Number of Days: Change Orders-Dollars Added : Change Orders - Days Added: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By October 26, 2015 New Business 7-a - • • «° l _ 1 ii 4,--iiia„;__ _____ ___ • III _�. s1itic :11, partners architects Clancy's Sports Properties RFP-15-6419 Sports Facilities Assessment Submitted to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples, FL 34112 Attn: Brenda Brilhart, Procurement Strategist June 8, 2015 October 26, 2015 New Business 7-a 36 of 101 I I t ' strategic partners Table of Contents TAB I. Cover Letter/ Management Summary TAB II. Project Approach & Understanding TAB III. Demonstrated Knowledge & Similar Projects TAB IV. Cost to the County TAB V. Experience & Qualifications TAB VI. References TAB VII. Acceptance of Conditions TAB VIII. Required Forms October 26, 2015 New Business 7-a 37 of 101 Tab I: Cover Letter/ Management Summary October 26, 2015 New Business 7-a 38 of 101 I strategic partners June 8,2015 Collier County Government Purchasing Department 3327 Tamiami Trail E Naples,FL 34112 Attn:Brenda Brilhart,Procurement Strategist Sports Facilities Assessment Dear Ms.Brilhart, The Hunden Strategic Partners Team (Team or HSP), including sports management professionals at Clancy's Sports Properties and design experts at BEA Architects, is pleased to respond to Collier County's request for a comprehensive sports facilities market and needs assessment. HSP believes it provides the right fit for your needs as our professionals have performed these same tasks for numerous similar projects in other communities,including in Florida. Hunden Strategic Partners(HSP)is a leading destination development consulting firm,with its primary offices in Chicago. The firm offers the full-range of market and financial feasibility services as well as economic impact analyses for specialty destination assets such as youth sports and recreation facilities, arenas and stadiums, convention centers, exposition centers and supportive hotels and mixed-use developments. HSP has the advantage of being able to focus our national experience on your local needs. HSP does not use"boiler plate"reports like many of the national consulting firms.We will devote our resources to this project in a hands-on manner most other firms or teams cannot. HSP also compiles with the Municipal Securities Rulemaking Board,a federal agency that ensures municipal advisors minimize public risk. HSP will advise the County on every tasks in the proposed Scope of Work. Clancy's Sports Properties(CSP)is full-service management consulting and planning firm,based in Orlando,FL,focusing on sports related services to governmental agencies,not-for-profit agencies and youth sports businesses. CSP was established to support Sport Commissions, CVBs and government agencies alike in optimizing their sports offerings, developing and packaging them effectively t specific target market needs and ensure maximum participation. CSP will be responsible for advising on the sports marketing plan,specifically,as well as other tasks identified in our proposed Scope of Work. BEA Architects (BEA) is a Miami-based architectural firm providing design services, including strategic facility planning, programming, master planning, design, documentation and construction services. BEA's local sports and recreation design portfolio includes the Florida International University Golden Panther Stadium and the Field House in Miami, the Ransom Everglades Upper School Aquatic Center and Ransom Everglades Middle School Gymnasium in Coconut Grove, and the Pinecrest Library and Community Center. BEA will primarily be responsible for estimated development costs and designs for any recommended expansions,remodels,renovations andlor new developments. Why choose the HSP Team? • Experience In the market analysis, feasibility and financing of athletic developments. HSP has experience consulting on numerous athletic facilities throughout the United States in all market sizes from coast to coast, especially youth and amateur facilities. HSP understands the impact they can have in bringing visitors as well as accommodating local needs.HSP's experience includes o Orange County,FL—Multipurpose outdoor youth sports complex study with multiple scenarios. o Monroe,MI—Market and needs assessment study regarding the future use of the Monroe Multi-Sports Complex. 1 October 26, 2015 New Business 7-a 39 of 101 r . strateiie partners o Tampa,FL—High-end health and fitness facility. o Chicago,IL—Ice and gymnastics facility for the Chicago Park District. o Westfield, IN—Grand Park Sportsplex feasibility analysis(completed in 2011).One of nation's largest,a 300-acre multi-use full-service tournament sports complex with a large indoor facility under development o Castle Rock,CO—Self-sustaining recreation facility(indoor and outdoor)market analysis and feasibility study. o Irvine,CA—Great Park Sports Complex,a$125 million multi-sport complex in the nation's second largest market. HSP completed the feasibility and impact studies that led to the project,now in development o Elkhart, IN—An indoor/outdoor youth and community sports complex adjacent to numerous hotels and the Indiana Toll Road as part of a reuse strategy fora failed mall area. o Jefferson Parish, LA— Multipurpose outdoor amateur sports complex for the Louisiana Stadium and Exposition District,located in suburban New Orleans. o Rockford,IL—Multipurpose indoor tournament complex in a converted downtown industrial building. o Saginaw,MI—Youth sports complex market and feasibility study for a site near downtown. o Richmond,VA—Multiple youth sports tournament complex options studied on the site of City Stadium. • Experience in Florida. HSP is currently working with a developer on a health and fitness market analysis in Tampa and has recently conducted a youth sports complex study for Orange County,Florida.HSP professionals have also completed studies in Osceola County, Boca Raton,Clearwater and Palm Beach County,Florida. • No conflict of interest or Interest in managing the facility. UnliCe some firms whose ultimate goal is to generate fees by managing a facility that you fund, HSP has no ongoing interest in whether or not a facility is developed. We pride ourselves on delivering the truth and solid market and financial projections in order to inform and protect our clients,and the taxpayers who would be on the hook for any upfront and ongoing funding. The Hunden Strategic Partners Team will provide all of these assets in a time and pricing structure that is flexible to the needs of the County. The County will deal directly with Rob Hunden as the primary contact and signatory of any contracts. HSP's proposed scope of work is included in the proposal. HSP will comply with all the provisions in the RFP. HSP appreciates the opportunity to work with you. Should you have any questions,please contact me directly at 312.933.3637 or rhundenQhundenpartners.com. The contact information for Hunden Strategic Partners is: 920 North Franklin Street,Suite 303 Chicago,IL 60610 312.643.2500 phone;312.643.2501 fax www.hundenpartners.com The Hunden Strategic Partners Team appreciates the opportunity to work with you. Sincere Robin Scott Hunden President 2 October 26, 2015 New Business 7-a 40 of 101 Tab II: Project Approach & Understanding October 26, 2015 New Business 7-a 41 of 101 PROJECT APPORACH AND UNDERSTANDING Collier County Board of County Commissioners Purchasing Department, Collier County Tourism Division and the Sports Marketing section of the Naples, Marco Island, Everglades Convention & Visitors Bureau (the County or the Client) is seeking a qualified consultant to perform a market and needs assessment study regarding community sports, training, special event and performance facilities and infrastructure throughout the County. The Hunden Strategic Partners Team (Team or HSP), including local sports marketing professionals at Clancy's Sports Properties and design experts BEA Architects, proposes to review each County facility's physical condition, activity levels, opportunity to renovation/expansion of programming, overall operations, financial performance (as available),potential future revenue opportunities,and other opportunities for renovation,expansion or new facilities.HSP will also study and consider the benefits and development costs associated with a new competition venue or stadium. HSP understands Collier County's desire to offer its citizens facilities that can be utilized in a number of ways so that it best serves the community,generates tournaments and economic activity from outside the area,and can retain and attract new residents by providing an improved quality of life. By the conclusion of HSP's comprehensive analysis,the County will know its position within the competitive sports environment, the local, state, regional and national need for sports facilities in the County and understand the physical and budgetary challenges it faces in embarking upon new construction,renovations and/or expansions and marketing of these facilities. HSP's work is proposed to be organized as follows: • Task 1—Kickoff,Project Orientation, Interviews,Public Meetings • Task 2—Economic,Demographic&Tourism Analysis • Task 3—Facilities Condition Assessment;Historical Demand Profiles • Task 4—Local Supply&Demand Analysis • Task 5—Regional Facilities Analysis • Task 6—Sports Tournaments&Opportunity Analysis • Task 7—Preliminary Recommendations:PowerPoint Presentation • Task 8—Conceptual Drawings&Budget • Task 9—Sports Marketing Plan • Task 10—Demand and Financial Projections • Task 11—Economic,Fiscal&Employment Impact Analysis • Task 12—Draft Report • Task 13—Final Report&Presentations Task 1: Kickoff,Project Orientation,Interviews,Public Meetings,Survey Determination As part of the project orientation, HSP professionals will meet with the Client to confirm goals of the study and other contextual issues related to the project.In addition,HSP will work with County staff to set up public meetings to gather the public's input on facility needs, review available data related to the project, determine how surveys should be conducted and Identify those contacts and resources necessary to ensure complete review and assessment of critical issues.HSP will also: • Obtain information and data from the County,the Board,the Tourism Division,various city and county departments and their respective support staffs,as well any other organizations that the Client deems appropriate. • Tour the County facilities,interview stakeholders from a variety of local private and public organizations and perform fieldwork. • Review sports marketing budget size,sufficiency,and campaigns for the area and facilities. • Conduct public outreach meetings to gather input from the community. • Review various projects on which the Team professionals have worked and discuss attributes,implementation and approach. Explore the applicability of prior projects to the Project and strive to gain insight into the Client's goals for sports facilities. 1 October 26, 2015 New Business 7-a 42 of 101 • Gather and analyze background information related to the project, previously completed reports,site plans or designs related to the proposed facility. • Gather and review available economic,demographic and financial data. Task 2:Economic,Demographic and Tourism Analysis HSP will evaluate the community's position as an economic center of activity as well as a destination for visitors. HSP will also summarize key demand generator trends and comment on the overall growth prospects for the market. This analysis will provide a realistic assessment of the area's strengths,weaknesses,opportunities and threats(SWOT).Among the data gathered and analyzed: • Geographic attributes,accessibility and transportation • Cores of economic activity: Major retail, sports, event links destinations districts • Trends in population growth and income • Public assembly,other meeting facilities • Corporate presence, major employers and any • Arts,culture and entertainment assets and activity significant recent or likely future changes • History and expected future trends for tourism • Analysis of business and commercial development • General real estate trends, with special emphasis on that may complement an athletic facility sports,tourism and major demand generators • Higher education activity The analysis will provide implications for the future(re)development of the sports,event and recreation facilities Task 3:Facilities Condition Assessment; Historical Demand Profiles During the kick-off,the HSP Team will tour the existing facilities throughout the county to make notes of what is working and what could work better with adjustments or additions. HSP will also identify opportunities to maximize current space. To the extent available, historical demand/activity data will be gathered and profiled. The Team will interview management during our tours to get an understanding of how the group/user experience occurs from start to finish and what parts of the process work well and what may be enhanced, if any. The HSP Team will conduct a facility condition assessment to determine where the facilities lack, meet, or exceed market and design/functionality expectations and determine what upgrades, renovations and/or other changes are recommended to make the facilities competitive and able to host a variety of modem events.The HSP Team will assess,for each facility: • Sports&Recreation Physical Program • Foodservice operations: Logistics of moving catering • Architectural issues (the condition of interior and through the facility,as well as load-in/load-out, exterior components), • Site entrance and egress, • Major systems (mechanical, electrical, plumbing, • Parking conditions, etc.), • Accessibility for ADA compliance, • Structural components (structure, roof, and load • Patron facilities,including restrooms, bearing walls), Performance Profile. HSP will complete an analysis of the performance of the facilities, including the trends in demand (by type of event), attendance as well as financial performance, if data is available. What items are driving revenues and expenses higher or lower?What other facilities locally or regionally are impacting performance at the facilities?How are existing conditions in the building helping or hampering profitability?These and other issues will be tackled. Task 4: Local Facility Supply and Demand Analysis In this task,HSP will determine both the supply and demand of local sports facilities,including arenas,to determine if more are needed to support local use and how the existing or proposed facilities handle potential tournaments. The study will provide participation and usage rates, as well as comparisons to other counties of similar size and national standards. HSP will also identify opportunities to optimize current space and facilities.As a fast growing community in a market with many existing sports complexes,this understanding of the local area market is critical. HSP will review and survey the existing public,non-profit and private inventory of sports facilities in the area. In this analysis, HSP will analyze and document the following conditions: 1) Number of facilities; 2) Facility type(indoor or outdoor); 3) Layout;4) Capacity; 5) 2 October 26, 2015 New Business 7-a 43 of 101 User& Spectator counts (as available); 6)Event types and frequency; 7)Size;8)Type of sports usage;9)Quality; 10) Location; 11) Special needs and adaptive sports usage/sports facilities; 12)Unique characteristics. HSP will then inventory and survey the current sports tournament activity within the area.This inventory will be broken down into the following participation types: 1)Youth leagues (elite and community); 2)Youth community recreation; 3)Adult recreation leagues; 4) Professional and semi-professional leagues. HSP will present each type in terms of participation, attendance and facility needs. This will illustrate a geographic understanding of core demand centers in relation to the existing supply. This task will be conducted through interviews with relevant sports clubs and organizations to identify existing demand, current facility supply and the gaps between the two. Sports with excess demand will be identified and presented in terms of their facility needs.This will also identify if there is a need for a new arena or other facilities. The analysis will include both indoor and outdoor sports.This will provide HSP with an understanding of the current market and enable it to project future uses of the recommended facilities.This will also enable HSP to compile a supply and demand matrix that will take into consideration the location of facilities near population nodes,transportation links and demographic pockets.This matrix will implement the findings from the needs analysis to illustrate areas with adequate sports facility supply and those struggling to meet demand. Task 5:Regional Facilities Analysis;Competitive Supply Many of the likely events that could occur at a sports facility will be from around the region. In order to understand the competitive situation in which Collier County finds itself, the regional competitive sports facilities will be profiled and analyzed.The regional sports facilities analysis will provide a sense of strengths and weaknesses,as well as opportunities and threats. With so many communities embarking on sports facilities, it is important to understand how the elite teams and leagues operate and how they determine where to host events.This analysis will answer both the competitive supply question and the regional demand question.For example,during the Westfield analysis, it was apparent that local sports and elite organizations create a consistent base of local demand (essentially anchor tenants),while state and regional tournaments offer the most opportunity for impact. National tournaments and events can be just as large or larger than regional tournaments (but not always), however provide national recognition and impact that can start a virtuous cycle of tournament hosting success. Task 6:Sports Tournament and Opportunity Analysis Of critical importance to this project is the potential for economic and fiscal impact from the inducement of events from national and regional tournaments. Just like local and small region tournaments, super regional and national tournaments can generate significant visitation,spending, room nights and other positive impacts to a community and can even support the development of other real estate uses if enough consistent local and non-local demand occurs onsite. Participants and their families come from farther distances and therefore must spend the night,unlike those from the 100-mile region that may be"daytrippers.' HSP will conduct interviews of tournament organizers to determine"what it takes"to host tournaments. Questions will focus on what drives site selection for tournaments, cost factors(rent,travel and tournament fees)as well as likelihood to travel to a new/renovated facility. Beyond sports facilities, hotels and restaurants are also becoming a critical component, as well as opportunities for non- tournament family fun.A matrix of the critical factors will be created and then this site will be scored against that matrix.Where facilities are a factor, HSP will imply the recommended changes to the facilities based on conversations with tournament organizers. If the site or current facilities cannot accommodate the size of facilities needed for various sports,that will be noted and alternatives suggested. Task 7:Recommendations:PowerPoint Presentation In this task, HSP will make recommendations to the existing facilities,amenities,quality and other key elements for the Collier County facilities. The recommendations will consider the results of all the prior tasks assigning logical conclusions regarding every aspect of the facilities. The recommendations may support or modify the size, scope and use of the facilities depending upon many factors, including input from the client. Recommendations may also include new sports facilities, ways to optimize current space and other modifications.The recommendations for the sports facilities,including the potential for a competition venue/stadium,will include: • All indoor physical programmed areas by use • Restroom and locker room facilities • Outdoor programmed areas • Point of Sale kiosks or permanent stands • Parking • Retail 3 October 26, 2015 New Business 7-a 44 of 101 The budget for the project will be estimated based on similar projects developed in the last several years. HSP will review the recommendations discussed with the client and determine the pro's and con's, making a ranking of the needs for the various potential/recommended projects. The Team will then complete conceptual drawings, estimate capital repair costs and redevelopment/expansion costs. Once the physical programs for the facilities have been completed, HSP can then develop order-of- magnitude development budgets for step.HSP will present its recommendations via a PowerPoint presentation in coordination with the County.This will also include electronic versions of the document in PDF form. Task 8:Conceptual Drawings and Budget During the kickoff BEA Architects will assess the condition of Collier County's sports and recreation market as well as the facilities' overall physical condition.Based on the analysis,the HSP Team will make recommendations for the existing sports facilities,fields and park.The HSP team will determine what, if any,renovations should be made and at what cost. HSP and BEA Architects will complete conceptual drawings, propose capital repairs and redevelopment/expansion costs. Once the physical programs for the facilities have been completed, HSP can then develop order-of-magnitude development budgets for each step in the new or renovated development. The physical requirements of the facilities and fields will suggest minimum site sizes.Other factors to consider will include: 1)Access; 2) Visibility; 3) Site conditions; 4) Infrastructure; 5) Site cost and availability; 6) Opportunity for expansion; 7) Impact on tournaments and other economic drivers;8)Others as identified with the Client. If more than one renovation,expansion or new facility is recommended,HSP will discuss with the County the best"first"step direction in the development process.Once the County agrees upon the order-of-magnitude for any new and/or existing facilities,the HSP Team will provide conceptual drawings and budgets for the facilities. Task 9:Sports Marketing Plan Based on research from the previous tasks' analyses, CSP and HSP will make recommendations regarding the best direction to optimize and package the current and/or proposed facilities. Recommendations will include a sports marketing strategy, funding and resource deployment,priority asset investments and other items that will secure Collier County's position in the industry.The Team will deliver sales,servicing, advertising and marketing recommendations and identify appropriate organizational structures,personnel/staff and operation budget for sports marketing efforts.Through data collected from the previous tasks,the Team will also identify potential targets,goals and strategies,which may not be currently used for marketing sports in Collier County but are used in other cities/CVBs, such as marketing Collier County to sports planners and identify industry trade mediums for prints and digital advertising. Task 10: Projection of Demand and Financials HSP will make projections for the demand of the sports and events in Collier County.These will be projected for a period of ten years. HSP will make projections for each new or redeveloped facility, which will include demand by type of event, average attendance for each event type and total attendance by event type.Based on the projection of demand and a number of assumptions regarding rental rates, fees, concession per-capita revenues and others, HSP will prepare a financial projection for the new facilities. This financial analysis will include the following: 1) Revenues: rental rates, tournament fees, food and beverage, telecommunications, parking and other income; 2) Direct operating expenses: wages and salaries, contract services, utilities, maintenance and repair, supplies and other expenses; 3) Unallocated expenses: administrative salaries, employee benefits, advertising and promotion, general and administrative, professional services, insurance,maintenance reserves and other expenses The financials will be presented in a line-item by line-item basis,which will lead to estimates of net operating income or loss. Based on the operating loss or profit, there will be either funds remaining for debt service or there will be a requirement for ongoing operating support by the public. HSP will make sure to review all possible options to limit losses and create operating profits, induding advertising,sponsorships,naming rights,etc. If more than one facility is recommended or additional work is needed,HSP will work with the County on a follow-up phase of work. Task 11: Economic,Fiscal&Employment Impact Analysis(CostlBenefit Analysis) HSP will conduct an economic,fiscal and employment impact analysis to determine the direct, indirect and induced impacts, including the tax revenues that are generated by projected visitors to the new and/or renovated facilities. Based on the above analysis, a 4 October 26, 2015 New Business 7-a 45 of 101 projection of net new direct spending will be tabulated. New spending is that spending that is new to the community as visitors come to Collier County and the surrounding area due to an event, spend the night or otherwise spend time or money in the area. HSP will analyze the spending by local residents(transfer spending)and discuss the amount that is recaptured. From the direct spending figures,further impact analyses will be completed. • Indirect Impacts are the supply of goods and services resulting from the initial direct spending. • Induced Impacts embody the change in local spending due to the personal expenditures by employees whose incomes are affected by direct and indirect spending. • Fiscal Impacts represent the incremental tax revenue collected by the City, County and State due to the net new economic activity related to an event. Fiscal impacts provide an offset to the potential public expenditures required to host events. HSP will identify the taxes affected and conduct an analysis of the impact on these accounts and governmental units. • Employment Impacts include the incremental employment provided not only onsite, but due to the spending associated with an event. HSP will show the number of ongoing jobs supported by the project and provide the resulting income and income taxes generated. Hunden Strategic Partners uses one of the industry's most relied upon multiplier models, IMPLAN. This input-output model estimates the indirect and induced impacts, as well as employment impacts, based on the local economy. An input-output model generally describes the commodities and income that normally flow through the various sectors of the economy. The indirect and induced expenditure, payroll and employment result from the estimated changes in the flow of income and goods caused by the projected direct impacts.The model data are available by various jurisdictional levels,including counties. Tasks 12 and 13: Draft&Final Report Having completed all these tasks,HSP will compile the results into a fully documented draft report of its findings and recommendations, which will be presented to the County for review and comment.Approximately two weeks after receiving comments on the draft report, HSP will issue its final report incorporating the County's comments. Timeline All deliverables, presented in bound copies unless otherwise notified,will be responsive to the Client's preference. HSP is flexible in its approach. Proposed Project Schedule Week 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Task 1-Kickoff,Project Orientation,Interviews X X Task 2-Economic,Demographic&Tourism Analysis X X X X X Task 3-Facilities Condition Assessment Historical Demand&Financial Profile X X X X X X X X X Task 4-Local Supply&Demand Analysis X XX X X X X X X X Task 5-Regional Facilities Analysis X X X X X X X :: Task 6-Sports Tournaments&Opportunity Analysis X X X XX XX X X X ' Task 8-Conceptual Drawings 8 Budget X X X X Task 9-Sports Marketing Plan X X X X XX Task 10-Demand and Financial Projections X X X X Task 11-Impact Analysis(Cost/Benefit) X X X Client Etkts • on Client review timeline X 5 October 26, 2015 New Business 7-a 46 of 101 Tab III: Demonstrated Knowledge & Similar Projects October 26, 2015 New Business 7-a 47 of 101 i r strategic partners TAB III — DEMONSTRATED KNOWLEDGE & SIMILAR PROJECTS As firm President,Mr.Hunden will be the primary contact and signatory of any contracts.He will also lead all tasks of the scope and direct staff and subcontractors throughout the assignment. The table below illustrates HSP's organizational structure. The County will have a full team of five consultants from Hunden Strategic Partners, professionals from Clancy's Sports Properties and BEA Architects working on your project. Hunden Strategic Partners Clancy's Sports Properties BEA Architects Robin S.Hunden Mke Mllay Bruno Ramos President Dirctor Principal 920 N.Franklin St,Suite 303 7325 Forestwood Court 3075 NW South River Drive Chicago,IL 60610 Orlando,FL 32835 Miami,FL 33142 (0)312-643-2500(C):312-933-3637 mike.millay©dancyssports.com bernbeai.com rhunden @hundenpartners Ethan Olson Mike Montgomery Dillon Gilman Eric Hunden Manager Analyst Analyst InofgrspMcs Director eolsontrundenpartners.ccen mmontogmeryyhundenpararers.com dpimenQhu denpmh>ara.com ahundenehunclenpainerstan HSP and Clancy's Sports Properties have recently completed a sports project for the Louisiana Stadium& Exposition District. This project and reference is further outlined in Tab V and Tab VI. All three of our firms have sport, recreation, event, and training facility experience in Florida and specifically southern Florida. Hunden Strategic Partners Hunden Strategic Partners(HSP)is a full service real estate development advisory practice specializing in destination assets. HSP provides a variety of services for all stages of destination development in the following primary areas: • Real Estate Market & Financial Feasibility & Development Consulting — Sports & Recreation; Arts, Cultural & Entertainment;Boutique and Convention Hotels;Convention&Conference Centers;Entertainment/Retail Districts, Mixed-use Developments;Fairgrounds&Expo Centers;Specialty Real Estate,including Business Incubators • Public Incentive Analysis • Economic,Fiscal,&Employment Impact Analysis(Cost/Benefit) • Economic and Tourism Policy/Legislation Consulting • Organizational Development • Research&Statistical Analysis • Developer Solicitation&Selection;Private Management Company Solicitation&Selection HSP has provided services for hundreds of projects worldwide for the public, non-profit and private sectors. In addition, HSP professionals have prior professional career experience in municipal and state government, economic and real estate development, real estate law,hotel operations and non-profit management.Over 80 percent of HSP's clients are public purpose entities, such as municipalities, counties, states, convention bureaus, authorities and other quasi-government entities empowered to conduct real estate,economic development and tourism activities. Robin Scott Hunden, President,Principal in Charge(21 years of experience) Mr. Hunden and his firm offer extensive experience in the economics of all manner of unique real estate projects, including sports complexes, restaurants, retail, hotels, meeting/conference/convention facilities and entertainment districts. Mr. Hunden www.hundenpartners.com i October 26, 2015 New Business 7-a 48 of 101 I strategic partners has provided his economic development,finance and planning expertise and conducted feasibility and economic impact studies for over 250 projects,including some of the most notable projects in the U.S. Hunden has extensive market,financial impact and planning studies for sports complexes including: • Analysis of NBA facilities:Bankers Life Fieldhouse and the new Sacramento Kings Arena. • Multiple major and minor sports and arena facilities,including the Sprint Center in Kansas City,the Ford Center in Evansville, the Enid, OK Events Center, among others. HSP has also worked on analyses of major motorsports venues such as Laguna Seca Raceway and the Kentucky Speedway. • Major youth sports complexes across the US,including Grand Park in Westfield, Indiana and Great Park in Irvine, California,two of the largest such facilities in the country. Other indoor youth sports facilities include projects near Orlando,New Orleans,Saginaw,Elkhart,Rockford,Omaha,Lexington and others. In Chicago,he has worked on retail,restaurant,hotel,conference and many others,including the French Market,Union Station, the Riverwalk,Navy Pier,Presidential Towers,and US Cellular Field. Hunden has worked on over 100 hotel studies and processes for: • More than two-dozen convention hotels, including approved or built hotels ranging from 200 to 1,000 rooms in Indianapolis,Erie,Fort Worth,Evansville,Louisville and elsewhere. • Many boutique hotels,including on Navy Pier in Chicago,four 21c Museum Hotels,among others. He has completed more than three-dozen convention center-related studies in markets from 20,000 to 20 million people, including convention centers in: • Larger Markets: Indianapolis,Kansas City,Memphis,Fort Worth,Louisville,New York,Portland • Small Markets:Fuquay-Varina,NC;Rockford, IL;Sidney,NE;Thornton,CO;Missoula,MT Mr. Hunden has provided impact analysis to the Commonwealth of Kentucky on 24 projects that have applied for incentives under the Kentucky Tourism Development Act, which include and Ark Encounter Theme Park, multiple hotel and convention centers,the Newport Aquarium, Hofbrauhaus and others. He has created dozens of other individual and comprehensive impact models for projects around the U.S.and Canada. Hunden has also worked on numerous entertainment districts in the Americas, including: Navy Pier, Chicago; Kansas City Power&Light District;4th Street Live! Louisville, KY; Lansdowne Live in Ottawa, ON; San Juan District, PR;Woodbine Live!in Toronto,ON. Prior to starting HSP in 2006, Hunden served as Vice President of Johnson Consulting in Chicago. There, he led specialized work on hotels,conference centers, urban entertainment-retail districts sports and convention centers. His work there included such projects as Fort Worth's Omni Hotel, Erie's Bayfront Convention Center and Sheraton, multiple arenas, among others. Previously, he conducted real estate finance transactions at Landauer Associates and Grubb & Ellis through their capital markets division. Mr. Hunden's public-sector experience includes managing more than a dozen projects for the Indianapolis Bond Bank and the Indianapolis Mayor's Office, including the 1999 Indiana Convention Center expansion, the RCA Dome expansion, 615-room Marriott and Conseco Fieldhouse. He has written articles on downtown development and taught college-level Destination Development courses.He also sits on the advisory board for DePaul University's School of Hospitality.Mr.Hunden is a member of the International Society of Hospitality Consultants(ISHC), ULI, IEDC, IDA, ICMA and IAVM.He has conducted IEDC panel discussions and taught numerous professional development courses for IEDC over the past ten years. He has also spoken at the Greek Conference on Tourism and the Bond Buyers'Tourism as Economic Development'conference. Mr.Hunden received a B.S.in Finance from Indiana University in Bloomington, Indiana. Ethan Olson,Manager Mr.Olson joined Hunden Strategic Partners from a background in sports facility,event,hospitality and operational management. In his role, Mr. Olson conducts economic, market and financial feasibility research for a variety of projects as well as comparable development analyses.In all,he has undertaken over 60 projects,including: www.hundenpartners.com 2 October 26, 2015 New Business 7-a 49 of 101 Ai strategic partners • Sports and Recreation Facilities in Irvine, CA, Orange County, FL, Jefferson Parish, LA, Monroe, MI; Elkhart,IN;Richmond,VA and Lexington,KY. • Mixed-used and Downtown Entertainment projects such as the Chicago Riverwalk and Navy Pier expansions;San Juan,Puerto Rico;and real estate analysis for Wild Horse Pass racetrack in Arizona. • Convention and Expo Center developments in Austin, TX; Portland, Oregon; Rockford, IL; St. Joseph, MO and Muskogee,OK. • Boutique,Full-Service and Convention Hotels in Hampton,VA;Sioux City,IA;Tupelo,MS and Amarillo,TX. • Other work includes the review of all projects applying for incentives from the Kentucky Tourism Development Act. Prior to joining Hunden Partners, Mr. Olson worked at World Sport Group, assisting the Stadium & Arenas Division in their commercial rights and premium seating strategic plan for the$1.5 billion Singapore SportsHub Project. His role there included management of the naming rights valuation and market research projects. While in Arizona, Ethan worked for the Phoenix Regional Sports Commission partnering with local business and organizations to develop grassroots sporting events in the community and worked on bid efforts to bring national and international sporting events to the Phoenix region. He has also served as Operations Manager for Sports Experience, directing customer service initiatives and managing vendor product marketing for the Nike and Under Armour brands. A graduate of Ohio University's Masters of Business Administration and Sports Administration dual degree program, Mr.Olson also holds a Bachelor of Science degree in Kinesiology from Arizona State University. Michael J.Montgomery,Analyst Mr.Montgomery role's at HSP involves conducting market and real estate development research for Hunden Strategic Partners' projects,producing financial models and conducting sensitivity analyses. Most recently,he contributed to the market demand and impact analysis for a proposed indoor/outdoor youth sports complex in Orange County,Florida,as well as a major youth sports complex near New Orleans.He has worked on dozens of other market and financial analyses, including an incremental tax revenue analysis for two proposed conference hotels in Kentucky and a theme park study for the Kentucky Tourism, Arts and Heritage Cabinet. He has also worked on transformative projects in Hampton,Virginia;Fort Wayne,Indiana;and a convention hotel in Sioux City,Iowa.His analysis was also critical in HSP's work assessing Milwaukee's downtown as a destination for nightlife and leisure. He has also worked extensively on a mixed-use masterplan for a major development near Phoenix as well as a market and financial study for a mixed-use tower in Chicago. Michael received his B.S. in Management-Finance from Purdue University Krannert School of Management. While there, Michael was involved in the Doster Leadership Conference as well as the Sigma Chi Fraternity, where he served as the recruitment chair and editor for chapter publications. His finance experience includes work for Raymond James Financial and Midwest Financial in Indianapolis, Indiana. Dillon Gilman,Analyst Mr. Gilman has competed analysis for a number of projects, including studies for sports, fitness, recreation and wellness facilities and arenas; convention, event and entertainment centers; downtown districts; convention, conference and boutique hotels; and multi-use real estate developments. Dillon's research includes profiling of comparable and competitive facilities to assess competitiveness and potential performance. It also includes economic and demographic analysis as well as research and writing related to feasibility and economic impact analyses. Most recently, Mr. Gilman contributed to the market demand and impact analysis for Kentucky Kingdom and Hurricane Bay in Louisville, KY. He has worked on several other market surveys and financial impact modeling, including incremental hotel tax revenue projections in Bentonville,Arkansas. Dillon's work includes interviews,data search, site analysis and local supply and demand analysis. He has worked on projects such as: The Monroe Multi-Sport Center in Monroe, Michigan; an entertainment district in San Juan, Puerto Rico;a proposed executive fitness center in Tampa, Florida; real estate development needs study for a 560-acre parcel near Phoenix,Arizona;a mixed-use high-rise hotel feasibility study in Chicago, IL;and parking structures www.hundenpartners.com 3 October 26, 2015 New Business 7-a 50 of 101 r Pr strategic partners at Midway Airport in Chicago, IL and LaGuardia Airport, New York.He has also conducted research on real estate markets in Texas,Louisiana,Wisconsin,and West Virginia for various assignments. Mr. Gilman attended the Kelley School of Business at Indiana University, with a degree in Finance, with a real estate concentration.He previously worked for muftifamily management company Renaissance Rentals,LLC. Eric J.Hunden,Analyst&infographics Director Mr. Eric Hunden provides significant experience in demographic research, case studies and complex mapping. As founder of Big City Maps (BCM) in Minneapolis and as a map artist for mapformation.com, North America's largest custom mapping company, he developed research and mapping analyses for over one hundred locations, concentrating on traditional urban cores and neighborhoods,retail and entertainment districts(Waft Disney World smart phone application map is a highlight),and college campuses. For the past nine years at HSP, Eric has brought important contextual understanding and research in relation to real estate, regional and cultural analysis,in addition to critical research for economic,demographic,media and market studies. In working with HSP,he has worked on more than 150 assignments,providing market analysis, mapping and case studies.His specialty is clearly communicating concepts and important information through varying types of maps and graphics, including three- dimensional downtown maps. Prior to HSP and BCM, he worked for the Indiana Department of Transportation.He received his B.S.in Geography(with academic emphasis in Architecture and Urban Planning)from Kansas State University. Current Project List The chart below is a list of Hunden Strategic Partners current projects.Although most of our completed projects have projected development cost estimates, it is impossible to predict what our current Clients will end up spending on recommended developments.However,Tab V shows the estimated budgets for proposed projects from completed studies. Current Projects List Final Start Date End Date Original Project Project Description WY WY Budget Cost City of Austin,TX Expo Center Arena,Park Renovation/Expansion Study May-15 Oct-15 Bluegrass Sports Commission Lexington,KY youth sports analysis Jun-15 Oct-15 Kentucky Tourism Cabinet Makers Mark Distillery Jun-15 Aug-15 Tampa Developer High-end Health&Fitness Facility May-15 Sep-15 City of La Vista,NE Sports Facility Analysis Jun-15 Aug-15 City of Elkhart,IN Sports Complex SiteAnalysis&Impact Study May-15 Aug-15 City of Monroe,MI Multipurpose Sports Facility Repurposing&Market Study May-15 Aug-15 Sun Valley Marina Development Corp,AZ Real Estate Master Plan Mar-15 Jul-15 Hotel Blennerhasset,Parkersburg,WV Hotel Expansion Analysis Mar-15 Jul-15 Premier Restaurant Group Chicago Loop RestaurantAnalsis Jun-15 Jun-15 Government of Puerto Rico Entertainment District Market,Finance and Impact Study Mar-15 Jun-15 City of Bentonville,AR&Bentonville CVB Convention Center&Hotel Feasibility Study May-16 Jun-15 Springfield,MO Ramada Hotel Ramada Plaza Hotel Renovation/Branding Study Feb-15 Jun-15 InterPark,IL Airport Parking Study Apr-15 Jun-15 The Parking Spot,NY Airport Parking Study Apr-15 Jun-15 Navy Pier,Inc. Navy Pier Hotel Developer Selection Process:3 Phases Aug-13 Nov-15 City of Fort Wayne,IN Downtown Arena Feasbility Study:2 Phases Feb-14 Nov-15 City of Sioux City,IA Convention Hotel Study&Developer Selection:3 Phases Sep-14 Nov-15 City of Fort Worth,TX Hotel,CC,Arena Financing Analysis,Developer Selection:3 Oct-13 Ongoing HSP Team Prior Project Experience Hunden Strategic Partners has included profiles of completed projects that represent our experience, as it relates to hotel and convention center analyses.Most of the projects listed were provided for government agencies.The tables below represents the Hunden Strategic Partners professionals proposed to work on this study, along with completed sports related projects. www.hundenpartners.com 4 October 26, 2015 New Business 7-a 51 of 101 . , ?1 strategic partners Hunden Strategic Partners Hunden Strategic Partners r Sports Studies for Proposed Staff Sports Studies for Proposed Stall a miiim al .is Client/Location Name Client/Location Name 3 Albuquerque-Arena x Kane County-Cross County Course/Reuse x x x x Castle Rock-Recreation Center&Amp. x x Kansas City-Sprint CenterArena x x Chicago-Ice&Gymnastics Facility x x x La Vista-Aquatic Faclityy&Outdoor Sports x x x x x Chicago-Gay Softball Wand Series x x Lexington,KY-Sports Complex x x x x x DeSota-Civic Center Ice Complex x x Nassau County-Nassau Coliseum District x x Dover-Arena&Football Stadium x Missoula-Event Center&Financing x x Elkhart Athletic Complex x x x Monroe,M-Multipurpose Sports Reuse Study x x x x x Fishers-Arena&Sports Complex X X Nashville-Music City Motorplex x X Flat Top-Wrnterplac a Ski Resort x x Orange County-Indoor/Outdoor Sports x x x x Fort Wayne-Downtown Arena x x x x x poq _Multi Fort Worth-Texas Motor Speedway x purpose Event Center x x x x Grand Island-Heartland Events Center x Richmond-City Stadium Re-Use,Sportsplex x x x Hamilton County-Fairgrounds&Sportsplex x x Rockford-Ingersoll Downtown Sports Complex x x x Indianapolis-Bankers Life Fieldhouse x x Sacramento-Kings Arena Term Sheet x Indianapolis-RCA Dome&Indiana Con.Center x Saginaw-Youth Sportsplex Feasibilty x x x x Indianapolis-Community Recreation Facilities x x Salinas-Laguna Seca Raceway x x Irvine-Great Park;Great Park Gym x x x Sparta-Kentucky Motor Speedway x Jasper County-Iowa Speedway x Saint Joseph-Sports&Recreation Complex x x x J e f f e r s o n Parish-Youth Sportplex x x x x x Valparaiso-Arena x x Joliet-Huskies Youth Hockey Facility x x yes -Grand Park Sportsplex x x Joplin-Arena Financing Study x x Wyandotte County-Arena x Clancy's Sports Properties, LLC Clancy's Sports Properties, LLC (CSP) is full-service management consulting and planning firm focusing on sports related services to governmental agencies, not-for-profit agencies and youth sports businesses. CSP was established to support Sport Commissions, CVBs and government agencies alike in optimizing their sports offerings, developing and packaging them effectively t specific target market needs and ensure maximum participation. CSP's network of extensive industry knowledge, ranging from feasibility studies to facility design and operation includes experience with some of the most recognizable event properties and sport facilities. Mike Millay,President(25 years of experience) Mr. Millay is President of CSP and responsible for all business strategy and business development. He also shares responsibility for the creation of the National Association of Sports Commissions, an international trade association whose purpose is to further expand the growing sports tourism industry. Mike began CSP in 2014 after five years as the Sports Business Development Director at ESPN Wide World of Sports. During his'most recent years with the Walt Disney Company, Mr. Millay was responsible for a team charged with developing new events, facility projects and corporate partnerships to position the complex for future growth both domestically and internationally. He was responsible for the internal company synergy efforts including key partnerships with ESPN platforms, Disney Channel and digital media partners and part of the leadership team responsible for the re-branding and re-launch of Disney's Wide World of Sports to ESPN Wide World of Sports inclusive of a$20M immersive technology overlay. Between November 1994 and January 2008,while with the Walt Disney Company,Mr.Millay was the Sports Events Director for Disney's Wide World of Sports. While there he developed conceptual construction design and functional operating procedures for the world's busiest sports complex, with over 350,000 athletes competing annually. He drove incremental strategic value to the Resort through the sports events channel and was responsible for all sales channels and processes driving room nights, theme park admissions and other revenues through sporting events. Mike also steered a Golf sales team www.hundenpartners.com 1 October 26, 2015 New Business 7-a 52 of 101 strategic partners responsible for 1,500 group golf outings at the busiest golf resort in the world (220K annual rounds) overseeing five championship golf courses. Mike also led the team responsible for all Brand Management, Marketing,Sales,and Event Management for 170 annual sporting events hosted at the 252-acre, eight-venue Disney's Wide World of Sports complex. He managed over 2,000 events during the initial ten years of operation and was responsible for eight consecutive record breaking years in terms of financial metrics:total athletes,cash flow and operating income. Mr. Millay facilitated the complex's expansion plan of six multi-sports fields and 80K square foot multi-sports facility, including proforma, capital authorization, program design, value engineering and event programming. He was also a key team member of a steering committee responsible for all key lines of business including food & beverage, merchandise, entertainment, facility management and labor planning for DWWS, the two busiest Water Parks in the world (Blizzard Beach&Typhoon Lagoon),five championship golf courses and all recreational activities at the Walt Disney World Resort. The Greater New Orleans Sports Foundation is a not-for-profit sports commission,whose mission is to attract sports events to the metro-New Orleans area for the purposes of economic development. From 1988 and 1994, Mr. Millay was Executive Director and a founding member of the GNOSF. He worked with all aspects of city and state government to build coalitions for projects and operational funding.He helped establish all operating standards and practices,while attracting such events as NFL Super Bowls,NCAA Final Fours,and youth sports events such as the 1992 U.S.Track&Field Trials.Mike was also the head of the 1994 New Orleans Bid Committee for World Cup '94 and the 1998 Goodwill Games Bid Committee and directed the redevelopment of a world-class track&field competition stadium and the development of a 40-acre recreation center. BEA Architects Headquartered in Miami since its inception in 2000,BEA architects, Inc.is a corporation of 29 employees. BEA has established a reputation as an innovative provider of leading-edge design solutions to corporations and institutions worldwide. The reputation of the firm rests on its most important asset: its people, whose energy, creativity, and commitment point to even greater accomplishments in the decades to come. BEA is a full service architectural firm providing architecture, interior design, master-planning,renderings,construction management,value engineering analysis and architectural visualization. We have many years of successful experience in architectural and engineering contracts for public agencies and institutions in South Florida including: City of Miami Beach, Miami-Dade County Parks and Recreations Department, City of Miami Gardens, Miami Seaport Authority, City of Palm Beach and City of North Miami.We understand this project requires a versatile architect that has the skills to design a variety of projects such as Community Centers, Wellness Centers, Libraries, Park and Recreational Facilities,ADA retrofits and Code Upgrades. At BEA we have built an excellent reputation for timely and quality delivery. This experience is invaluable in providing efficient project services to our Public Sector clients. Under public agency contracts we have completed the following projects(selected list): • City of Miami Beach.Historical City Hall Renovation • City of North Miami Soccer Fields • City of Miami Beach.Bandshell Park • City of Miami Gardens Master Plan for 8 Parks • City of Palm Beach.Jupiter Branch Library • City of Pinecrest.Library and Community Center. • Miami-Dade Parks and Recreation Department.More than 10 Parks renovations Bruno-Elias Ramos,AIA, GC, LEED AP—Principal in Charge/Lead Designer(20 years of experience) Mr.Ramos founded BEA and has taken it to the top ten in volume of work for the region.Mr.Bruno-Elias Ramos,AIA,LEED AP is the Principal-in-Charge and a leading architect in the design and construction of South Florida civic buildings and port facilities. He founded BEA and has taken it to the top ten in volume of work for the region (S. Florida Business Journal). Mr. www.hundenpartners.com 2 October 26, 2015 New Business 7-a 53 of 101 i r• I Stratemc partners Ramos' 20 years of experience gives him the diversified background and leadership expertise that ensures uncompromising professional service. His creations emphasize service to employees, management and visitors, input often gathered through community outreach. His work has extended to community centers, city halls, passenger terminals, park accommodations, fitness centers,schools and resort master plans.The following is an example of some of these projects. Pinecrest Ubrary&Community Center, Pinecrest, FL. Designs for a state-of-the-art community center and branch library of the Miami-Dade County library system,creating a new community campus within the gardens of the former Parrot Jungle. The design entails a sequence of open spaces mediating between an existing parking in front and an athletic complex in the rear, conferring a campus environment conducive to a garden setting.The community center includes a computer lab,arts and crafts room, dance studio, wellness spaces, fitness center, and multipurpose classrooms. The library program encompasses three separate reading rooms. HOPE VI Grant Proposal, Master Plan&Community Center,Miami-Dade County,FL. BEA's application (prepared for the Miami-Dade Housing Agency) won a $35 million grant from U.S. HUD for transforming public housing stock, providing home ownership opportunities for low-income families, and creating 15,000 new jobs in Miami-Dade County. The 767-unit Scott Homes and Carver Homes, major public housing facilities adjacent to each other,were restored. Through a series of physical modifications that define common areas, foster dwelling identity and promote self-reliance, the neighborhood offers a comprehensive network of services. The 15,000 SF community center is the focal point of the HOPE VI Master Plan. It was designed as a catalyst for the community's social services. The design includes spaces for banking services, job placement, childcare, continuing education, and houses a large multi-use meeting room. Once completed, the design was a synthesis of ideas from owners,management/operations personnel,residents,local activists and designers. Coleman Park Community Center, West Palm Beach, FL. Feasibility study as well as design and construction of a community center in Coleman Park, a spring training site of the former Negro Baseball League. The 4,000-SF recreation building serves as the focal point for the 4-acre park and includes arts and crafts, dance and multipurpose rooms. Since legendary baseball players such as Satchel Paige trained here in the 1930s,'40s and'50s,a memorial is being included in this park-wide redevelopment effort. One Park Place, Lake Park, FL. BEA designed an entire city block, intended to revitalize the historic town of Lake Park, Florida. It is an all-precast concrete design, modular and hence economical, though with a great deal of aesthetic variety, interest and detail. The project also incorporates 68 mid-prices residences built around a garden courtyard and sitting atop 30,000 SF of second floor offices, 30,000 SF of ground floor retail and restaurants, and 192 spaces of structured parking. The parking is completely screened on three sides of the building. Lincoln East, Miami Beach, FL. In collaboration with TEN architects, BEA designed a new mixed-use development called Lincoln East in the core of Miami Beach's historical district. The 400,000 SF project, located between Lincoln Road and 16th Street at Drexel and Washington Avenues, will be the first large-scale residential complex in decades built adjacent to Lincoln Road's popular pedestrian promenade. The nine-story building houses approximately 150 residential units, parking for 500 vehicles, and 7,500 SF of retail. It includes amenities such as an exterior rooftop pool and sunbathing deck as well as townhouses,lofts,and one-and two-bedroom apartments ranging from 800 to 1,200 SF. Ransom Everglades School Aquatic Center, Coconut Grove, FL. BEA provided complete NE services for this aquatic center in a sensitive and historical environment. The building provides an above ground competition size pool, a training pool, gymnasium,offices,ancillary facilities and parking areas.The surrounding landscape design includes a seating plaza dedicated to the students and two new tennis courts. BEA conducted a program and budget verification, zoning and code analysis and design concept for the new facility. Our responsibilities included providing full construction documents, bid package, and construction administration. Homestead Community Center Conversion,Homestead,FL. Involving 11,500 SF of additions and 6,200 SF of renovations,a senior center was converted into a community center. The resulting facility offers a centralized entrance,two assembly rooms (serving approximately 400 guests),two health offices for seniors,a computer classroom,two kitchens, life trails for a 1/4-mile long vita course,three recreational shuffle boards,a 2,300-SF putting green,a gazebo for outdoor events,studios for dance and ceramics,and an arts-and-crafts room. www.hundenpartners.com 3 October 26, 2015 New Business 7-a 54 of 101 Tab IV: Cost to the County October 26, 2015 New Business 7-a 55 of 101 1 11 ' 1 strategic partners COST TO THE COUNTY The Hunden Strategic Partners Team proposes to complete the study and all tasks outlined in the scope of work for the Collier County Sports Facilities Assessment for a total professional fee of$70,000, to include all cost for travel, clerical,report preparation,and other support services.The Team is flexible in its approach and can modify any parts of the scope,timing or fees as needed. The table below shows the proposed fees broken down by Task and estimated hours. Estimated Costs by Task Proposed' Professional Estimated Hours 1 si 8 !i s i i i5 a6 Total Task 1-Kickoff,Project Orientation,Interviews 13 13 13 0 0 13 13 $11,895 Task 2-Economic,Demographic&Tourism Analysis 3 0 0 3 10 1 0 52,680 Task 3-Faalities Condition Assessment;Historical Demand&Financial Profile 3 4 6 0 2 0 12 $4,460 Task 4-Local Supply&Demand Analysis 4 4 9 9 3 3 0 $5,015 Task 5-Regional Facilities Analysis 3 6 8 10 7 3 0 $5,710 Task 6-Sports Tournaments&Opportunity Analysis 4 4 8 10 0 2 0 $4,340 Task 7-Recommendations:PowerPoint Preliminary Presentation 6 6 4 3 1 6 8 56,070 Task 8-Conceptual Drawings&Budget 5 4 0 0 0 2 12 $4,220 Task 9-Sports Marketing Plan 7 6 0 0 0 10 0 $4,740 Task 10-Demand and Financial Projections 7 7 4 2 0 8 0 $5,270 Task 11-Impact Analysis(Cost/Benefit) 6 6 6 6 0 2 4 55,000 Task 12-Draft Report 4 4 0 0 0 4 4 $3,100 Task 13-Final Report&Presentations 5 5 2 2 4 6 6 $5,360 Sub Total 70 69 60 45 27 60 59 567,900 Direct&Travel F:penses $2,100 Total 70 69 60 45 27 60 59 $70,000 I Lump Sum Proposed 570,000) Hourly Rate and Average Rate with Discounted Lump Sum Fee $210 $170 $140 $125 $145 $225 $170 $175 Hunden Strategic Partners will provide all of these assets under a structure and pricing that is flexible to the needs of the Client.The HSP Team is happy to modify any of the proposed scope of work outlined in our proposal in order to meet the needs of Collier County. As a principal-led firm, you will deal directly with Rob Hunden as the primary contact and signatory of any contracts. 1 October 26, 2015 New Business 7-a 56 of 101 Tab V: Experience & Qualifications October 26, 2015 New Business 7-a 57 of 101 Tab V— Experience & Qualifications t ' M strategic partners Hunden Strategic Partners(HSP), BEA Architects(BEA)and Clancy's Sports Properties(CSP) have included profiles of completed projects which represent the firms'experience, as it relates to sports and fields analyses. Most of the projects listed were provided for government agencies and cover indoor and outdoor developments. The sports and event types encompassed in our list of projects in include: Baseball; Softball; Basketball; Soccer; Football; Volleyball; Tennis; Rugby; Cheerleading; Tumbling; Lacrosse; Hockey; Gymnastics; Cross Country;Track and Field;Aquatic Activities; Roller Derby; Pickleball; Cricket;and Adaptive Sports.The HSP Team is qualified to perform community needs assessments, market and feasibility analyses, competitive and comparable profiles, marketing and management plans, and architectural services for all sports types, venue sizes and for new, reconditioned and expanded facilities. Index Experience&Qualifications Response 1. Indicate the number of years the proposing firm has HSP only: 9 been in business. (number of years) 2. Indicate the number of similar contracts that are HSP only: 8 currently being operated by this firm. (number) 3. Provide the number of fulltime equivalent positions HSP only:6 currently working for the firm. (number) Provide a brief overview of the firm's key leadership personnel. 4. Provide the number of fulltime equivalent positions that HSP, CSP, BEA: 11 will be assigned to this contract. (number) TOTAL Add items 1 —4 to determine the Firm's Experience 34 and Qualification score. Hunden Strategic Partners Fort Wayne,IN-Arena Feasibility Study ... a" Project Budget: $15-$25 million _ _j. ,t Time of Service:2014-2015 ; � c '7.3.1n a3fiftx' The City of Fort Wayne contacted with HSP to perform a market and financial feasibility 1 4 study to understand the potential viability and return on public investment from a downtown arena. The facility is proposed to offer seating capacities higher than the Embassy Theater and smaller than the current Coliseum, likely 5,000+seats. ' HSP evaluated the community's position as an economic center of activity as well as a destination for visitors.The analysis provided realistic assessment of Fort Wayne's strengths, weaknesses, opportunities and threats, which informed the Client on the ability of the community to support athletic or entertainment uses at the site. HSP also performed an arena market analysis which identified Fort Wayne's current arena market, potential tenants, events and comparable and competitive arenas locally and regionally.The analysis resulted in recommendations for sizing, site, amenities and other attributes. Lastly, HSP performed an economic, fiscal and employment impact analysis to determine the direct, indirect and induced impacts, including the tax revenues that are expected to be generated by visitors to the new facility.The City of Fort Wayne recently contacted with HSP again for Phase II, which includes a detailed Business Plan and assistance in management for the development process, research, reporting and overall coordination of the planning. October 26, 2015 New Business 7-a 58 of 101 Experience & Qualifications strategic partners Jefferson Parish, LA-Bayou Segnette Recreation Complex;Sports Needs Assessment Development Budget: Time of Service:2014-2015 T F• HSP was engaged by the Louisiana Stadium and Exposition District (LESD) to ' study the need and opportunity for the development of a multi-purpose indoor and �r outdoor athletic development. HSP is performing a market assessment, revenue projections and operation costs for the project. The analysis also included a comprehensive market analysis for the various sports and facilities to determine the local need as well as any potential opportunity for tournaments. A review of competitive and comparable sports facilities in the area as well as across the country is being conducted to determine if there is enough excess demand that a new facility in Jefferson Parish could attract. HSP is also performing demand and financial projections for the proposed complex. HSP is involved in a three Phase analysis for this project, including a youth sports tournaments and opportunity analysis, site analysis,conceptual design and budget,and an economic,fiscal and employment impact analysis. Irvine, CA—Great Park Sports Complex Project Budget: $125,000,000 Time of Service:2012—2014 HSP was engaged by a private developer to study the development of a multi-use ,., ria 200 acre sports complex on the site of a former Marine Corps Air Station in ' Orange County, California. Great Park is the centerpiece of a larger residential , mixed-use development.The athletic complex was proposed as: • 25 Multi-use Fields (soccer, lacrosse, field hockey) including 2,500-seat Championship Field; 25 Tennis Courts including Championship Court; 7 Baseball Fields including Championship Field; 5 Softball Fields including Championship Field; 10 Sand Volleyball Courts; 10 Multi-use Courts(paddle tennis,badminton,volleyball, basketball) HSP conducted a review of competitive and comparable sports facilities to understand the competitive environment that Great Park would be entering. Once completed, HSP was able to perform demand and financial projections for the proposed complex. An economic impact analysis was then performed to understand how the park would affect the surrounding community. In 2013, HSP continues working on a detailed business,management and calendar plan for the project. Chicago,IL—Chicago Park District Youth Ice&Gymnastics Facility Development Budget: Time of Service: 2011,2013-2014 4,4 HSP has been utilized twice by the Chicago Park District on an evolving project. In the first iteration, a private developer approached the Chicago Park District 4 41, about joint development and management of a two-sheet ice-facility to serve the needs of the southern portion of Chicago. In the second iteration, the second ice - sheet was replaced with a gymnastics facility, which had long been an underserved need in the community. In both instances,CPD enlisted Hunden Strategic Partners(HSP)to assess the feasibility of the facility.The analysis included: 1)A profile of existing ice sport and gymnastics participation locally and regionally; 2)An analysis of current recreational center trends; 3)A study of comparable and competitive facilities in the region;4) Demand and financial projections of a new facility.As a result, the CPD is able to make fiscally prudent decisions on a major recreational project and execute the financing of the development. October 26, 2015 New Business 7-a 59 of 101 Experience & Qualifications strategic partners Rockford, IL-Ingersoll Downtown Sports Complex Redevelopment; it Needs Assessment Project Budget: $17,000,000-$25,000,000 Time of Service:2013 City of Rockford engaged HSP to analyze the market and address the ° zy programmatic goals of the Downtown Sports Complex. Part of the city's downtown revitalization plan is to repurpose the site of the former Ingersoll manufacturing .� facility along the Rock River into a multi-use indoor sports complex. The complex is intended to be one of the largest tournament facilities in the Midwest, with courts to accommodate local and competitive league play.The 110,000-sq.ft.facility consists of eight basketball and 16 volleyball courts that will accommodate other court sports and events. HSP performed a market and needs assessment, revenue projections and operation costs for the project. The analysis also included a comprehensive market analysis for the various sports and facilities that are planned as part of the new facility.A review of competitive and comparable sports facilities in the area as well as across the country was conducted to understand the competitive environment that the Ingersoll Downtown Sports Complex would be entering for larger regional and national tournaments.Once completed, HSP was able to perform demand and financial projections for the proposed complex. Orange County, FL—Youth Sports Field Analysis Project Budget:$15M-$38M •f��t .�' Time of Service:2014—2015 - - � Hunden Strategic Partners (HSP) was engaged by Orange County, Florida to investigate the feasibility to construct and operate a regional sports complex in Orange County. Major elements of the study include: Demand Assessment Site Plan; Financial Analysis;Construction Cost Analysis;And a Go Forward Plan. HSP reviewed and profiled the current and future sports developments locally and regionally, analyzed the needs of the community to determine any unmet demand,and forecasted the local sports market for the County. The County is interested in understanding how a sports facility could best serve the community by providing an improved quality of life,hotel stays,new jobs and economic impact. HSP is in the process of helping the County understand the physical and budgetary challenges it faces in embarking upon the construction and management of these facilities. Richmond, VA-City Stadium Re-Use Analysis; Youth Sports Complex Needs Assessment - " 3 Development Budget $10,000,000-$50,000,000 ,,, Time of Service: 2013-2014 HSP was recently engaged by the city of Richmond to study the potential highest , and best sports and entertainment uses of the City Stadium site, ... The City of Richmond was interested in exploring all potential means for the use and redevelopment of the City-owned City Stadium. The stadium was built in 1929 and was once home to the University of Richmond football team, USL Richmond Kickers and the ACFL Richmond Rebels. With the loss of longtime tenant University of Richmond, the City explored the best use of the facility, which may include the renovation of the existing facility or the redevelopment of the property into a sports/entertainment venue or youth sports complex. HSP determined if the feasibility of the site to provide youth sports to its citizens. In its analysis,HSP assisted the City to determine the level of public support for the facility as well as how it may perform from a market and financial standpoint, as well as the impact it will have on the community once redeveloped. October 26, 2015 New Business 7-a 60 of 101 Experience & Qualifications strategic partners Enid,OK-Enid Multipurpose Facility Project Budget: $35,000,000 Time of Service:2010-2012 if i Si •+ / • . a" In 2010, the City of Enid contracted with the HSP to conduct an analysis of the ,.sem ` development potential for civic facilities downtown. Specifically, the City was -'' ! � interested in determining the feasibility of 1)A renovated Mark Price Arena; 2)A new multi-purpose event center 3)A downtown hotel to serve the new complex. '.1: ` A comprehensive feasibility study and recommendation was conducted, followed by an economic, fiscal and employment impact study. The City determined to move forward with the project with a $35 million budget, plus solicit proposals for a hotel development. HSP also helped manage the developer solicitation process for a convention hotel of approximately 144 rooms. HSP reviewed and edited the RFP, provided a hot list of developers, architects, construction firms, management companies and other hotel companies to market the list toward and is interacting with each of the potential developers to determine their level of interest and generally move the project forward. Elkhart County, IN-Elkhart Athletic Complex Needs Assessment Development Budget: 4 + °4 Time of Service:2013-2014 ~°'' �' "y HSP was engaged by the city of Elkhart and the Elkhart County CVB to study the Q tii need and opportunity for the development of a multi-purpose indoor/outdoor athletic development. This development would serve not only the local youth and ` _ , j recreational sports needs, but helpprovide a total local sports package capable of J hosting larger regional,state and national events. HSP performed a market assessment, revenue projections and operation costs for the project.The study included a comprehensive market analysis for various sports and facilities to determine the local need as well as any potential opportunity for tournaments.A review of competitive and comparable sports facilities in the area as well as across the country is being conducted to determine if there is enough excess demand that a new facility in could attract. HSP also performed demand and financial projections for the proposed complex.The demand-driven solution involved the creation of a series of six multipurpose fields (soccer, field hockey, rugby, lacrosse) on the southern site, combined with a championship field and indoor sports facility (with hardwood basketball/ volleyball courts as well as an indoor turf field)on the north site. Both sites were constrained by highly irregular geometry, making planning for large sports fields and parking a particular challenge. Westfield,IN-Grand Park Sportsplex Feasibility& TIF Analysis Project Budget: $60,000,000 • Time of Service:2011 V HSP was engaged by the City of Westfield to analyze two related projects. The first was a feasibility and economic impact study of the proposed Grand Park sportsplex.The second study is a TIF funding analysis of the several square miles surrounding the sportsplex. - — 4 The analyses included detailed competitive supply,demand analysis,business plan review,tournament market analysis,room night projection, analysis of funding options that included TIF projections, trends analysis for the youth sports industry, a competitive assessment of comparable facilities and demand and financial projections for the complex. Grand Park is a full-service tournament facility, with sports fields to accommodate local and traveling league play. The 300-acre complex consists of a full range of championship-level playing fields, including: 26 baseball and softball diamonds, 32 additional fields for lacrosse,rugby and field hockey and an indoor sports facility to accommodate year-round play.The City has projected that the project will bring over 250,000 visitors to the area each year. Westfield is located 20 miles north of Indianapolis in Hamilton County and is in the direct path of growth in the region.This analysis assisted the City as they plan for future development in the area and determine the best financing options for the facility. October 26, 2015 New Business 7-a 61 of 101 Experience & Qualifications strategic partners La Vista, NE-Indoor Aquatic&Outdoor Multipurpose Sports Needs Assessment Development Budget: \ 40,Time of Service:2015 HSP was engaged by the City of La Vista Nebraska to perform a market,financial analysis and economic impact study regarding the potential development of an - 'i. ::� "• indoor aquatic and outdoor multipurpose youth sports complex. The purpose of r'` , k Y`� the study is ascertain the feasibility of the Omaha Sports&Wellness Park project as well as understanding the current and future youth sports market in La Vista The athletic facility is envisioned to be a unique contribution to the region so as to recapture community participation and sports spending as well as bring in out of state and/or regional visitors to capture their spending. In 2016, Omaha will host the U.S. Olympic Team Trials—Swimming;and new aquatic facilities to La Vista will work in conjunction with the Trials. HSP also explored the best facilities and sports types for inclusion in the complex so as to be self-sustaining (based on market opportunity and existing leagues/organizations), offered best management practices, size physical components and design concepts as part of a feasibility study, and assessed construction, total project costs(by phases if deemed necessary), operational costs and revenues,and an economic,fiscal and employment impact of the project. Fort Worth,TX-Arena, Hotel&Convention Center Studies; Developer Selection Development Budget:$240,000,000 Time of Service:2001 —2004,2013-2015 From 2001 — 2004, Mr. Hunden co-managed a hotel strategy for downtown Fort Worth while at a prior firm, specifically related to an expansion of the convention .� a r'�.' center. Ultimately,Omni was chosen to develop the hotel.The incentives included a rebate of hotel taxes and a reduction in property taxes for a period of years. Otherwise, Omni privately financed the hotel. The $240,000,000 project, which includes 608 guest rooms and 87 condo units, opened successfully in January of P r Wain 2009. Based upon the success of the FWCC and Omni,the City in 2013 retained HSP to analyze the next phase of expansion,new hotel opportunities and the development of a new arena for downtown. HSP is currently working with the FWCC and the Omni on the developer selection process. Saint Joseph, MO-Riverfront Sports Needs Assessment&Recreation Complex Reuse Development Budget: Up to$80,000,000 Time of Service:2007-2013 .— . HSP has been retained on multiple occasions for the past six years to help St. Joseph redevelop its downtown and redevelop its riverfront. In the 2012-2013 analysis,HSP worked with the local casino to move their operation downtown as a centerpiece and leverage point for a multi-use development, including a new potential arena (or rehabbed Civic Arena), new casino-based event center, new casino, hotel,expanded hotel,and a restaurant district. Currently the local casino and its parking lots are located along the river and comprise a significant area for redevelopment, should the casino move.At the same time,there were a number of community leaders and local sports organizers who recognized a need for more and higher quality sports fields. HSP conducted interviews with a number of stakeholders to determine the need and opportunity for different types of sports fields and recreation uses. Conceptual drawings and budgets were completed by Convergence Design, part of the HSP team. October 26, 2015 New Business 7-a 62 of 101 Experience & Qualifications Ciancy's Sports Properties gap a .• - teets Clancy's Sports Properties Engagements Clients Project Description Helped the 3-time winning NASC Sports Commission of the Year with business development and event Richmond Sports Backers, management insight as the Sports Backers continue their growth Focus on process improvement and Richmond,VA organizational efficiency Contracted to research the operations of the Greater Columbus Sports Commission and provide Greater Columbus Sports recommendations about the strategic alignment of the organization,potential process improvements as Commission,Columbus,OH well as suggestions on organizational design options in order to optimize staffing. Contracted to provide guidance on creating re-imagined strategic plan for this 25-yr old organization. Greater New Orleans Sports Provided discovery work and recommendations on image diversification,improvement of internal Commission, New Orleans, processes,organizational vibrancy solutions as well as design options to maximize staffing and event LA opportunities. Unique project that is part facility development and part organizational design helping two youth sports organizations(archery&lacrosse)combine to develop a business strategy to create business models to Magnuson Park Hangar allow for the redevelopment of a historic airplane hanger into a sports facility suitable for training and Project,Seattle,WA sports competition. Providing event programming insight into the potential development and management of a$25M multi- Jefferson Parish Sports purpose sports complex.Consulting on business development,event management,facility management, Complex, New Orleans,LA industry insights as well as business projections.Work was in support of HSP. Working with Master Developer on creating a sports and recreation facility and programming perspective Sterling Ranch, Denver,CO for the proposed 12,000 resident master planned community. As a member of the Disney executive team,Mike took the lead role in developing all programming and ESPN Wide World of Sports, event strategy and design development for the 252-acre sports complex which has become the Lake Buena Vista,FL benchmark worldwide for youth sports facilities. BEA Architects Key Biscayne, FL-IMG Improvements to Crandon Park Tennis Center BEA Architects is responsible for new construction, expansion and improvements to the existing Crandon Park Tennis Center facility. We are currently working on Phase I which includes a 5,000 seat Grandstand, locker rooms, fitness assessment rooms, physical therapy and hydrotherapy rooms,the NW Addition to the existing stadium as well as site and utility improvements.The site of the Crandon Park Tennis Center is a former dump site which ceased operations in 1977.As the proposed expansion and new construction work at the existing tennis center will have an impact on existing below-grade conditions associated with the former dump site, BEA has been leading a team of civil and environmental engineers through the process of assessing existing below- grade conditions as well as meetings and negotiations with Florida Dept of Environmental Protection, South Florida Water Management District and Miami-Dade County DERM agencies. Salient among numerous innovative measures taken to design and build new above- and below-ground infrastructure, BEA is implementing design of special foundations to limit excavation of materials; providing passive as well as mechanical ventilation to manage methane gas and other below-grade emissions; encapsulating fill material below planned new structures, among others.The scope of work also includes upgrades to existing on- site utilities and storm drainage system, installation of sports lighting at all three new facilities. The Master Plan requires a multi- phased development in close coordination with the Miami Open tennis tournament seasons. 4 • • October 26, 2015 New Business 7-a 63 of 101 Experience & Qualifications • A • ma aycn.tstts 4 Coconut Grove, FL-Ransom Everglades School Aquatic Center BEA provided complete A/E services for this aquatic center in a sensitive and historical environment. The building provides an above ground competition size pool, a training pool, gymnasium, offices, ancillary facilities and parking areas. The surrounding landscape design includes a seating plaza dedicated to the students and two new tennis courts.A beautified walkway links the new sports facilities to the existing gymnasium and football field to unify the school's sports complex. BEA conducted a program and budget verification, zoning and code analysis and design concept for the new facility. Our responsibilities included providing full construction documents,bid package,and construction administration. i - e - r ,gym .: . - r - - 1: »� ya,'"� _fir,. �, •r ■S � ` N4'c =' ,r'' o - a.-- ,i:' BEA served as prime consultant on this design-build project led by Odebrecht Construction. It entailed the expansion and renovation to construct an NCM Division 1A-style multipurpose stadium at Florida International University.The football stadium not only serves the college but also is made available to Miami-Dade County public high schools and will host convocations and graduations as well as sporting events.The south,east and west sides of the stadium were expanded to seat approximately 15,188 persons with appropriate increases of toilet and concession facilities(an eventual increase to 40,000 seats is planned).The design complemented the campus environment and met all of the revenue and fan amenity requirements of its NCAA classification. Nineteen private suites,a Presidential Suite,and a Stadium Panthers Club were included. Conferences and similar sit-down events are planned for the Stadium Club.Concession,catering and retail space are provided. Provisions for all media were included in the southside press box. A "jumbotron"-type of scoreboard was incorporated. The all-weather field of artificial playing surface was modified to accommodate sports other than American football. The fundamentals driving this project are FIU's mission to improve its financial circumstances and qualitatively improve the university and the Golden Panther football experience. Long-term maintenance,future flexibility,and optimum life-cycle cost are standard goals.View "'" . Miami, FL-FIU Football Stadium Expansion _ 'it. frrrr i IL,II.111mi,, ., 0,,,......,..._, _ _ . ___ __ _. ! „lir,. 7, ... i .11,;,...;.7 . ,__ . _ ,,,4 rt- .. .14 . t''' ' 11 L._ ,., ''4t# . . - I, le IR • �' i -"`ilr,`+t^i►;-- 441,- October 26, 2015 New Business 7-a 64 of 101 Tab VI: References October 26, 2015 New Business 7-a 65 of 101 Adirrrtistrawe Seniaes p Proarementservwes Attachment 9: Reference Questionnaire Solicitation: RFP 15-6419—Sports Facilities Assessment Reference Questionnaire for: Hunden Strategic Partners (Name of Company Requesting Reference Information) Rob Hunden, President (Name of Individuals Requesting Reference Information) Name: Karl Bandemer Company:City of Fort Wayne, IN (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:karl.bandemer©cityoffortwayne.org FAX:260-426-0837 Telephone:260-427-2688 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed(and would hire the firm/individual again)and 1 representing that you were very unsatisfied(and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored`O." Project Description: Downtown Arena; Sports Needs Completion Date: Ongoing Assessment Project Budget:TBD Project Number of Days:Ongoing Change Orders-Dollars Added :_NA Change Orders-Days Added:_NA Item Citeria Score 1 Ability to manage the project costs(minimize change orders to scope). 10 2 Ability to maintain project schedule(complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration(completed documents,final invoice,final product turnover; 10 invoices; manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures,rules, regulations,etc. 10 10 Overall comfort level with hiring the company in the future(customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 October 26, 2015 New Business 7-a 66 of 101 C r Coar�Y atlre sewoes otwaion aroa.ema,c serve Attachment 9: Reference Questionnaire Solicitation: RFP 15-6419—Sports Facilities Assessment Reference Questionnaire for: Hunden Strategic Partners (Name of Company Requesting Reference Information) Rob Hunden, President (Name of Individuals Requesting Reference Information) Name: Evan Holmes Company:SMG Business Operations/Louisiana Stadium& (Evaluator completing reference questionnaire) Exposition District (Evaluator's Company completing reference) Email:evan.holmesOsmgneworleans.com FAX: NA Telephone:504-587-3913 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed(and would hire the firm/individual again)and 1 representing that you were very unsatisfied(and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored°O.' Project Description: Market, Feasibility, Needs Completion Date: Ongoing Assessment for youth sports in Jefferson Parish, LA Project Budget: Estimated: NA Project Number of Days: NA Change Orders-Dollars Added :_NA Change Orders-Days Added:_NA Item Citeria Score 1 Ability to manage the project costs(minimize change orders to scope). 10 2 Ability to maintain project schedule(complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration(completed documents,final invoice,final product turnover; 10 invoices; manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures,rules,regulations,etc. 10 10 Overall comfort level with hiring the company in the future(customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 October 26, 2015 New Business 7-a 67 of 101 G,,, er CoHru�Y Ariminip�veSerrices Diviso+ 9Too,emen8anas Attachment 9: Reference Questionnaire Solicitation: RFP 15-6419—Sports Facilities Assessment Reference Questionnaire for: Hunden Strategic Partners (Name of Company Requesting Reference Information) Rob Hunden, President (Name of Individuals Requesting Reference Information) Name: Richard Leigh Company: Five Point Communities (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX:949-349-1075 Telephone:949-349-1092 richard.leighQfivepointcommunities.com Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed(and would hire the firm/individual again)and 1 representing that you were very unsatisfied(and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored°0.° Project Description: Great Park Sports Complext Completion Date: 2014 Feasibility Study Project Budget: Estimated: $125,000,000 Project Number of Days: NA Change Orders-Dollars Added:_NA Change Orders-Days Added:_NA Item Merle Score 1 Ability to manage the project costs(minimize change orders to scope). 10 2 Ability to maintain project schedule(complete on-time or early). 9 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 9 6 Project administration(completed documents,final invoice,final product turnover; 8 invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 8 Abiltity to manage risks and unexpected project circumstances. 8 9 Ability to follow contract documents,policies,procedures, rules,regulations,etc. 10 10 Overall comfort level with hiring the company in the future(customer satisfaction). 9 TOTAL SCORE OF ALL ITEMS 90 October 26, 2015 New Business 7-a 68 of 101 Ca�us�y► I W mir�Wire Ser�ioes Ui�itan Procurement Sermon Attachment 9: Reference Questionnaire Solicitation: RFP 15-6419—Sports Facilities Assessment Reference Questionnaire for: Hunden Strategic Partners (Name of Company Requesting Reference Information) Rob Hunden, President (Name of Individuals Requesting Reference Information) Name: Steve Lux Company:Chicago Parks District,City of Chicago (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:steve.lux @chicagoparkdistrict.com FAX:312-742-5326 Telephone: 312-742-4761 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed(and would hire the firm/individual again)and 1 representing that you were very unsatisfied(and would never hire the firm/ndivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored°0.° Project Description: Chicago Parks District Ice Facility Completion Date:2014 &Recreation Needs Assessment Project Budget: Estimated: NA Project Number of Days: NA Change Orders-Dollars Added:_NA Change Orders-Days Added:_NA Item Citerla Score 1 Ability to manage the project costs(minimize change orders to scope). 9 2 Ability to maintain project schedule(complete on-time or early). 8 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 8 6 Project administration(completed documents,final invoice,final product turnover; 8 invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 9 8 Abiltity to manage risks and unexpected project circumstances. 8 9 Ability to follow contract documents,policies, procedures,rules, regulations,etc. 9 10 Overall comfort level with hiring the company in the future(customer satisfaction). 9 TOTAL SCORE OF ALL ITEMS 87 October 26, 2015 New Business 7-a 69 of 101 .�• °'►C.asasq► aamirieYSrira sanioee o� Attachment 9: Reference Questionnaire Solicitation: RFP 15-6419—Sports Facilities Assessment Reference Questionnaire for: Hunden Strategic Partners (Name of Company Requesting Reference Information) Rob Hunden, President (Name of Individuals Requesting Reference Information) Name:John Groh Company: Rockford Area Convention&Visitors Bureau (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:jgroh©gorockford.com FAX:815-963-4298 Telephone: 815-489-1656 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed(and would hire the firm/individual again)and 1 representing that you were very unsatisfied(and would never hire the firindivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored"0." Project Description: Downtown Sports Complex Study Completion Date:2014 Project Budget: Estimated: $17,000,000-25,000,000 Project Number of Days: NA Change Orders-Dollars Added :_NA Change Orders-Days Added: NA Item Citeria Score 1 Ability to manage the project costs(minimize change orders to scope). 8 2 Ability to maintain project schedule(complete on-time or early). 7 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration(completed documents,final invoice,final product turnover; 8 invoices;manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 8 Abiltity to manage risks and unexpected project circumstances. 8 9 Ability to follow contract documents, policies, procedures, rules,regulations,etc. 10 10 Overall comfort level with hiring the company in the future(customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 88 October 26, 2015 New Business 7-a 70 of 101 Tab VII: Acceptance of Conditions October 26, 2015 New Business 7-a 71 of 101 1 t t • 1 strategic partners ACCEPTANCE OF CONDITIONS Hunden Strategic Partners, Inc. accepts all general teams and conditions of the RFP 15-6419 Sports Facilities Assessment. 1 October 26, 2015 New Business 7-a 72 of 101 Tab VIII: Required Forms October 26, 2015 New Business 7-a 73 of 101 Adntirti�alMs Sarvioes Olr^ieian Procuremert seMces Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ® The Proposal has been signed. ® All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ® Any addenda have been signed and induded. ® The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist ® The mailing envelope must be sealed and marked with Solicitation RFP 15-6419—Sports Facilities Assessment. ® The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ® If submitting a manual bid, include any addenda(initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE.OF THE COURIER PACKET. Name of Firm: Hunden Strategic Partners, Inc. Address: 920 N. Franklin St, Ste. 303 City, State,Zip: _Chicago, IL 60610 Telephone: 312-643-2500 Email: rhunden©hundenpartners.com Representative Signature: Representative Name: _Robin Scott Hunden Date 6-8-15 RFP 15.64419 Sports Fadkles Assessment 24 October 26, 2015 New Business 7-a 74 of 101 f& y Adrttitietialus Services Ofl.. Proaxement Santos Attachment 3:Conflict of interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses,that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity(financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the firm(employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: _Hu n Strategic Partners, Inc. Signature and Date: Print Name Robin Scott Hunden Title of Signatory _President State of ( � s County of L +.c SUBSCRIBED AND SWORN to before me this 0 day of 5-44.4-. 20 tS by f(.6 l►- ,,who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires 1 l 11/ OFFICNL 8JIL SWUM NOr*WFlislc-i$TAtICpiINOU wcr nNI ISfl7 RFP 15-6419 Sports Facilities Assessment 25 October 26, 2015 New Business 7-a 75 of 101 1 67'�yf�► A�r�ielrafMa Ser�ioea Dl�ieion Proaremea Seniors Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: RFP 15-6419—Sports Facilities Assessment Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: RFP 15-6419 — Sports Facilities Assessment. (Proposal Continued on Next Page) RFP 15-6419 Sports Fealties Assessment 26 October 26, 2015 New Business 7-a 76 of 101 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2015 in the County of_Cook . in the State of_Illinois_ Firm's Legal Name: Hunden Strategic Partners, Inc. Address: 920 N. Franklin St., Ste.303 City,State,Zip Code: Chicago,it 60610 Florida Certificate of F15000002296 Authority Document Number. Federal Tax Identification 20-4239951 Number CCR#or CAGE Code Telephone: 312-643-2500 FAX: 312-643-2501 Signature by: Robin Scott Hunden (Typed and written) Title: President Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City,State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required If different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email RFP 15-6419 Sports Facilities Assessment 27 October 26, 2015 New Business 7-a 77 of 101 I I 1 strategic partners ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS Hunden Strategic Partners, Inc. is currently registered with the Florida secretary of state to conduct business in the State of Florida. Both of the subcontractors submitting on this project, Clancy's Sports Properties and BEA Architects, are Florida owned businesses. BEA Architects is also MBE certificed. 1 October 26, 2015 New Business 7-a .. .. .. .. .. .. .. .. ••• we. •• •• •• ape •• •• •• .0 ii.. .0 .. a. a.. •• ore, a.. •-• .. 4.1.-• .... . • • • • • ,M. • • • • • •• 1b. 11111 . r - .. )tat orib a • ,ffil, • • OW • • •.•. • • 1 Iii* - • • • • 1241,ZiCIALL'i:Sil- • • _ .. ;. Eltpartounit of Otatt -.-.-. . . . _ 6 •'I .' ,a-: a. • • • • I certify the attached is a true and correct copy of the application by HUNDEN STRATEGIC PARTNERS, INC, an Indiana corporation, authorized to transact ,.. . al. business within the State of Florida on May 26, 2015 as shown by the records - . of this office. - . . • • The document number of this corporation is F15000002296. - • .. :.c I/ • • A I:: • • I Sir; • • • • • • • I.1„ • • • . • • . • • • • • • • • • ,0' • • • • • • . . • • A IS; Given under my hand and the _ . Great Seal of the State of Florida AI; - . at Tallahassee, the Capital, this the . . • Twenty-seventh day of May, 2015 . - - - --,4 --, - ,• . . . _ . ..._ . . • - . ...I F...,,,,,,.I ,;..-:--7-7, • • • p.", . .. - .--;,&-?‘"c-:. 7 VRA‘. Atej4 . : Vi: 1--'. el '''''e. • • a----i, __.*ft COO WE'VW' t.i.t Pet! r . . . . Artretarg of„State . ; • • CR2E022 (1-11) :.'• •.. . . ,•.7 . .• ... .. •• ... .. .• •• •• •• .. .. •• a* •r• •• •• •• to.• •• •• •• •• •• •• ••• •• •• •• •• • October 26, 2015 New Business 7-a •. • ., IC CI •CI r 4,' lbw tat dr: _-.6 sr. rib a ..... _ _ .e. . . _ ::,: •110. ... . . i 1.,• i G• s • ,., EPpartmtut of *tat •/ Z ' 0 ;,. -•• I certify from the records of this office that HUNDEN STRATEGIC PARTNERS, •• 2:= INC, is a corporation organized under the laws of Indiana, authorized to transact 7.,; business in the State of Florida, qualified on May 26, 2015. S,1 : October 26, 2015 New Business 7-a 80 of 101 6, fclfe r/• f/0 fir/ii Minority, Women & Florida Veteran is: Business Certification , architects BEA architects, Inc. Ia crrtirted under the'pru iaions of 1..1±7 and 26)5 187.Florida Statute%fora penult from: 4.04 07/03/2013 c 07/03/2015 Cit.s irt;44 I:'171 .. SERVICES �-•-^ ' „ w.,.,t.li.-.•OWt•aa•a tae.UM,114..4.1.1..01.St *.010.410.0••yw:11.a-+niallau RICK SCOTT.GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENTFESSIONAL BD OF ARCHITECTURE&OF BUSINESS AND INTERIOR DESIGN v r�t F W if � + r LICENSE NUMBER AA28001912 -e � The ARCHITECT CORPORATION ' *. : . ;! Named below IS CERTIFIED - at.1 Under the provisions of Chapter 481 FS. Expiration date: FEB 28,2017 1:1117.4 .❑ BEA ARCHITECTS,INC ,� r „,l'-'' 3075 NW SOUTH RIVER DRIVE `' r MIAMI FL 33142 1 -. 9� r- 1 .i ISSUED: 12/142014 DISPLAY AS REQUIRED BY LAW SEQ s 11412440001284 RICK SCOTT.GOVERNOR KEN LAWSON.SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION !="s. BOARD OF ARCHITECTURE&INTERIOR DESIGN `'r. ". EICENSE NUMBER AR00121b0 The ARCHITECT Named below IS LICENSED .= f Under the provisions of Chapter 481 FS Expiration date: FEB 28,2017 1e ❑ RAMOS,BRUNO E :: � . 3075 NW SOUTH RIVER DR1VE �N,".,'':-.,1-..1 r MIAMI FL 3,3142 ' !:ARd ISSUED 12/142014 DISPLAY AS REQUIRED BY LAW 8E0 it 11412140001209 BEA architects I 3075 nw south river drive, miami fl 33142 1 www.beai.com tel : 305 . 46 1 . 2053 ext100 I fax : 3 0 5 . 6 3 4 . 0 5 9 9 i AA 2600161 2 October 26, 2015 New Business 7-a 81 of 101 IN,t7 Local Business Tax Receipt I.BT Miami—Dade County, State of Florida nes a NOTA eti -00 NOT PAY 6255772 wsrrwawaNAeetdt.oaATneN NaeawTNO. EXPIRES 13EAFRClNl MINC RENEWAL SEPTEMBER 30,2015 ID A In 3075 NW S RIVER DR 6620377 Faun be displayed at oats at boneless MIME FL 53142 Parser«o covey code Chapter eS-Art.s i0 architects owwaN SEC,TYPE OP NOSINESS Pwreea MT Naearvao BEA ARCHRECTS INC 212 PA C0RP!PARTNEN51eWflRM w�rx co«acrt: Employee(s) 14 5105.00 09/0.4/2014 FPPU05-14-015466 1Wiadtlrenaiea ealsonINIIISSIENEININEWS�tlMilaATi 1ee�ss.a1��r.t..etMY INNS NW IN. e kale a I . w Mleashenstra / eq' ..----+Mahenunlit an es.lnelei efolan eIr immt emMeaelleW tie NMI M.WN naw Md*Ftepeardeeatt111NwwWean.l4wFi644014 Ilea Int* Ream ilwwAea elaY State of Florida Department of State I certify from the records of this office that BEA ARCHITECTS,INC is a corporation organized wider the laws of the State of Florida,filed on May 26, 2000 The document number of this corporation is P00000051935 I further certify that said corporation has paid all fees due this office through December 31,2014,that its most recent annual report/uniform business report was filed on Fehmary 3,2014,and its status is active I Anther certify that said corporation has not filed Articles of Dissolution, Given euaderig Rawl and the Great Seal elks State of Flerfda at Tatbhatsee,the Capdb4 this Are Third day ofFebrimy,2014 a ` 3 166% atilkJA, Secretary of State Authentication ID:cc I4USD2+ To authenticate this certHtufe,ddt the following alts,eotsr this ID,sad thentolbw the InsuuRlona displayed. haps://ellleamnia,orghertauthherhmd BEA architects j 3075 nw south rivet drive, miami fl 33142 i www.beai.com tel : 305 . 461 2053 ext100 fax : 305 . 634 . 0599 AA 26001612 October 26, 2015 New Business 7-a 82 of 101 C��O f!P Ci0'1RiQ�► AaWe Services DAlsiorr Procuremed SerAces Attachment 6:Immigration Affidavit Certification Solicitation: RFP 15-6419—Sports Facilities Assessment 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 / Bidders 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 Oem the Vendor/Bidder'sproposal ss 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(*INK). 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 I Bidder's proposal. Company Name _Hunden Strategic Partners, Inc. Print Name Robin Scott Hunden Title_President Signature _ Date (p /h Sate of T 114 s County of Le�K The foregoing instrument was signed and acknowledged before me this 6 day of Svc .20 /r.by 11,u'' Avg who has produced( 0 "T -- 1941434,4 Z as identification (Print or Type Name) (Type of Identification and Number) NotAy+ublic,Sa vure TAOFFICIAL SEAL U OUT Printed Name of Notary Public fVfAlrf PU1UC Miff,WIGS iff COMMON seinte/1M11 Notary Corn ssion 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. RFP 15-6419 Sports Facilites Assessment 29 October 26, 2015 New Business 7-a 83 of 101 E—VeriIy .� Company ID Number: 531451 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions,contact E-Verify at 888-464-4218. 'EmployerHunden Strategic Partners Robin S Minden (Please Type or Print) — Me 1 Electronica/j,Signed 03/30/2012 signature — Date Department of Homeland Security—Verification Division USCIS Verification Division Name(Please Type or Print) Title ically Signed 03/3012012 Date Information Required for the E-Verify Program Information relating to your Company: Company Name:Hunden Strategic Partners Company Facility Address: 20 N.Franklin Street Suite 303 Chicago,IL 60610 Company Alternate Address: 920 N.Franklin Street Suite 303 Chicago,IL 60610 County or Parish: COOK Employer Identification Number. 204239951 Page 12 of 131 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.govIE-Verify October 26, 2015 New Business 7-a 84 of 101 E-VeriIy v....... Company ID Number: 531451 North American Industry Classification Systems Code: 941 Administrator: I Number of Employees: 6 tO 9 Number of Sites Verified for: Are you verifying for more than 1 site?If yes,please provide the number of sites verified for 1 in each State: • ILLINOIS I site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Robin S Hunden Telephone Number. (312)643-2500 Fax Number: (312)643-2501 E-mail Address: mroe®hundenpartners.com Name: Matthew S Roe Telephone Number: (312)643-2500 Fax Number: (312)643-2501 E-mail Address: mreeghandenpartnera.com Page 13 of 131 E-Verify MOU for Employer I Revision Date 09101!09 www.dhs.govlE-Verify October 26, 2015 New Business 7-a 85 of 101 AdrrfrrstalreSarrioes ONislan PRXMINT g seMons Attachment 7:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification 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: Hunden Strategic Partners,Inc. (as shown on Income tax return) Business Name (if different from taxpayer name) Address 920 N.Franklin St Ste.303 City Chicago State IL Zip_60610 Telephone 312-643-2500 FAX 312-643-2501 Email rhundenehundenpartners.com Order Information Remit/Payment Information Address Same as above Address Same as above 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)_20-4239951 (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. f _ Signature °S' Date Title President Phone Number_312-643-2500 RFP 15-6419 Sports Facilities Assessment 30 October 26, 2015 New Business 7-a 86 of 101 CO �a�r C Adirthristrarfve SeMoes Diviaim Procurement services Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ®Employer's Liability $500.000 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1.000.000 single limit per occurrence,$2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall Include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ®Indemnification To the maximum extent permitted by Florida law,the ContractorNendor/ Consultant 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,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor/Consuftant in the performance of this Agreement. This indemnification obligation shall not be construed to 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. 4. ®Automobile Liability $500.000 Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ❑United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ® Professional Liability $1,000,000 per claim and in • $1,000,000 the aggregate per claim and in the aggregate • $2,000,000 per claim and in the aggregate October 26, 2015 New Business 7-a 87 of 101 ❑Valuable Papers Insurance $ Per Occurrence 6. ❑Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award,and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner, provided, however,the surety shall be rated as'A-or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus,all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street,New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30)Days Cancellation Notice required. Ub 2/2015 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Hunden S is , Inc. Date June 8,2015 Vendor Signature Gp 3/ Print Name Robin Scott Hunden Insurance Agency Shepherds Insurance Agent Name Alan Schulte Telephone Number 317-846-5554 RFP 15-6419 Sports Fsciities Assessment 32 October 26, 2015 New Business 7-a 88 of 101 I II • I strategic partners LETTER OF INTENT BEA Architects, Inc. Scope of Work: Task 1 — Kickoff, Project Orientation, Interviews. Task 3 — Facilities Condit ion Assessment; . Task 7 — Preliminary Recommendations: PowerPoint Presentations. Task 8 — Conceptual Drawings & Budget. Subcontract Amount — BEA Architects will be contracted to perform the work outlined in the finalized Phase I Scope of Work for the Collier County Sports Needs Analysis project for a lump sum of $15,000.00 including travel. Hunden Strategic Partners understands that we shall not be allowed to substitute or change subcontractors without prior written approval of Collier County (the Client). BEA Architects understand that the firm shall not be allowed to substitute or subcontract any of the work assigned without prior written approval of Collier County and Hunden Strategic Partners. Under penalty of perjury, I declare that I have read the foregoing and the facts state,d in it are true. Robin Scott Hunden Date President ( 1/24' Bruno Ramos Date June 08, 201 5 Principal 3075 NW South River Drive Miami, FL 33142 (0) 305-461-2053 (F) 305-643-0599 www.hundenpartners.c.m October 26, 2015 New Business 7-a 89 of 101 strategic Partners LETTER OF INTENT Clancy's Sports Properties, LLC Scope of Work: Task 1 - Kickoff, Project Orientation, Interviews. Task 7 - Preliminary Recommendations: PowerPoint Presentations. Task 9-Sports Marketing Plan. Subcontract Amount-Clancy's Sports Properties will be contracted to perform the work outlined in the finalized Phase I Scope of Work for the Collier County Sports Needs Analysis project for a lump sum, not to exceed, $15,000,excluding travel. Hunden Strategic Partners understands that we shall not be allowed to substitute or change subcontractors without prior written approval of Collier County (the Client). Clancy's Sports Properties understand that the firm shall not be allowed to substitute or subcontract any of the work assigned without prior written approval of Collier County and Hunden Strategic Partners. Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. 419,E Robin Scott Hunden Date President Mike Millay Date Principal 7325 Forestwood Court Olando, Ft.32835 (0)407-341-8335 www.hundenpartners.com U) m '— E) ti O N cuo) 0 o N C cs m 0 U 3 Z to ct O O O To N M C u. •m N CO W N O i N U) O N e— M 0 m E CO EN E' : E o o c 0 2 ,-- N M C W O m E � S E t/) LL. 0 — N CO `i 0 N e' E a co to 1.. ea R = m3 w N M n— Jo O ct G N M 0 C t 0 -, 3 = 0 Zo C cn 0 E 0 0 m 0 I Lu2 > Q) E m p n , . U. c � • s co C c°-U, O 0. et V)_� F- o z a wit E U C D ` O F. - U (/) N LL Q n �2Uc 0) C a) a October 26, 2015 New Business 7-a 91 of 101 AGREEMENT 15-6419 for Sports Facilities Assessment THIS AGREEMENT, made and entered into on this day of 2015,by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the"County" or"Owner"), and Hunden Strategic Partners, Inc., (the "Consultant"), whose business address is, 920 North Franklin Street,Suite 303,Chicago,IL 60610. WITNESSETH: 1. CONTRACT TERM. The contract shall be for a one (1) year period, commencing on Date of Board award and terminating one (1)year from that date,or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Consultant 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. COMMENCEMENT. The Consultant shall commence the services upon issuance of a Purchase Order. 3. STATEMENT OF WORK. The Consultant shall provide Sports Facilities Assessment in accordance with the terms and conditions of RFP #15-6419, Exhibit A - Scope of Services, and the Consultant'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 Parties, in compliance with the County Procurement Ordinance and Purchasing Procedures in effect at the time such services are authorized. 4. COMPENSATION. The County shall pay the Consultant a lump sum of Seventy Thousand ($70,000) for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit B -Price Schedule, included in this Agreement. Payments shall be made to the Consultant when requested as work Page 1 of 11 Contract No.15-6419—Sports Facilities Assessment October 26, 2015 New Business 7-a 92 of 101 progresses, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Travel and Reimbursable Expenses. Travel and Reimbursable Expenses shall not exceed the lump sum of two thousand one hundred dollars and 00/100 ($2,100.00). Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed in accordance with Collier County Resolution 2006-40, Sections 125.0104 and 112.061 Fla. Stats. Any trips within Collier and Lee Counties are expressly excluded. 4.2 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 "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. SALES TAX. Consultant 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. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Hunden Strategic Partners 920 North Franklin Street,Suite 303 Chicago,IL 60610 Phone:312-643-2500;Fax:312-643-2501 Attn: Robin Hunden All Notices from the Consultant 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 Page 2 of 11 Contract No.15-6419—Sports Facilities Assessment October 26, 2015 New Business 7-a 93 of 101 The Consultant 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. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 8. 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 Consultant. 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 Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition,the Consultant 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 Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant 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 Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant 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 Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Consultant be found to have failed to perform his 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, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery Page 3 of 11 Contract No.15.6419—Sporn Facilities Assessment October 26, 2015 New Business 7-a 94 of 101 against the County,including, but not limited to,any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race,sex,color,creed or national origin. 12. INSURANCE. The Consultant shall provide insurance as follows: ' A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$500,000 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County,in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Page 4 of 11 Contract No.15-6419—Sports Facilities Assessmatt October 26, 2015 New Business 7-a 95 of 101 Consultant shall ensure that all subcontractors/sub-Consultants comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant 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 Consultant,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 Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to 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. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, 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 Consultant. Consultant's obligation to indemnify and defend under this Article 13 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. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Tourism Department. 15. CONFLICT OF INTEREST. Consultant 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. Consultant further represents that no persons having any such interest shall be employed to perform those services. 16. 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: Consultant's Proposal, Insurance Certificate(s), RFP #15-6419 and any and Addendum/Addenda,Exhibit A-Scope of Services and Exhibit B-Price Schedule. 17. 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. Page 5of11 Contract No.15-6414—Sports Facilities Assessment d October 26, 2015 New Business 7-a 96 of 101 18. 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. 19. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Consultant 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: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the Consultant 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 Consultant 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. Page 6of11 Contract No.15-6419—Sports Facilities Assessment October 26, 2015 New Business 7-a 97 of 101 (3) If a Consultant does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Consultant observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Consultant 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. 20. 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. 21. 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. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Procurement Ordinance and Purchasing Procedures. 23. 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 Consultant 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 Consultant with full decision-making authority and by 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. 24. 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. 25. KEY PERSONNEL. The Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many Page 7 of 11 Contntct No.15-6419—sports Facilities Assessment October 26, 2015 New Business 7-a 98 of 101 people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Consultant shall not change Key Personnel unless the following conditions are met (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Consultant shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal, the Consultant's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 27. ASSIGNMENT. Consultant 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 Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. Page 8 of 11 Contract No.15-6419—Sports Facilities Assessment C—) October 26, 2015 New Business 7-a 99 of 101 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.Brock,Clerk of Courts By: By: Tim Nance,Chairman Dated: (SEAL) Hunden Strategic Partners,Inc.,(Consultant) By:_ First Witness Signature t Type/print witness namet 'Type/print signature and titlet Second Witness tType/print witness namet Approved as to Form and Legality: Assistant County Attorney Print Name Page 9off! Contract No.15-6419—Sports Facilities Assessment V October 26, 2015 New Business 7-a 100 of 101 EXHIBIT A-SCOPE OF SERVICES 15-6419 Sports Facilities Assessment The Consultant shall perform a sports and event facilities assessment for Collier County Florida, on behalf of the Sports Marketing section of the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Government. The proposed assessment (study) will include sports participation trends, a detailed analysis of current sports facilities,an analysis of facilities needed in the near and distant future,a sports marketing plan, detailed revenue and expense analysis and projected constructions costs for needed or expanded facilities. The goal of the assessment is to evaluate the existing parks, recreation and school facilities and make recommendations for the County's current and future needs. The Consultant shall provide the following services,including but not limited to: 1) Identify and document present condition of sports, training, special event and performance facilities and infrastructure. 2) Conduct public meetings,surveys and staff and stakeholder interviews. 3) Provide report of participation and usage rates, comparison to other counties of similar size,national standards,resident needs. 4) Identify opportunities to optimize current space. 5) Review and project demographic trends. 6) Projection of future space/facility needs. 7) Provide analysis of the cost/benefits of providing new sports, training and special event and performance facilities. 8) Provide analysis of the cost/benefits of building a competition venue/stadium. 9) Recommend best direction to optimize and package our current and/or proposed facilities. 10)Prioritize future facility development and provide cost estimates (construction and operation). 11)Provide timeline for the entire assessment process including deliverables. 12)Evaluate regional facility offerings and make recommendations for future development. Page 10 of 11 Contract No.15-6419—Sports Facilities Assessment G3) _ __ _ October 26, 2015 New Business 7-a 101 of 101 EXHIBIT B-PRICE SCHEDULE 15-6419 Sports Facilities Assessment 'Tasks Description LUMP SUM FEE NOT TO EXCEED Task 1-Kickoff,Project Orientation,Interviews $11,895 Task 2-Economic,Demographic&Tourism Analysis $2,b80 Task 3-Facilities Condition Assessment;Historical Demand& $4,480 Financial Profile Task 4-Local Supply&Demand Analysis $5,015 Task 5-Regional Facilities Analysis $5,710 Task 6-Sports Tournaments&Opportunity Analysis $4,340 Task 7-Recommendations:PowerPoint Preliminary $6,070 Presentation Task 8-Conceptual Drawings&Budget $4,220 Task 9-Sports Marketing Plan $4,740 Task 10-Demand and Financial Projections $5,270 Task 11-Impact Analysis(Cost/Benefit) $5,000 Task 12-Draft Report $3,100 Task 13-Final Report&Presentations $5,380 Sub Total $67,900 Direct Sr Travel Expenses $2,100 TOTAL LUMP SUM $70,000 Page 11 of 11 Contract No.154419—Sport Facilities Assessment October 26, 2015 New Business 7-b EXECUTIVE SUMMARY 1 of 9 Recommend approval of Tourist Tax Category "B" funding to support upcoming FY 2016 events under the Sports Event Assistance Program and make a finding that these expenditures promote tourism. OBJECTIVE: Review and recommend funding to support expenses for events that will bring visitors and media coverage to Collier County. CONSIDERATIONS: The promoters of following events have submitted applications for funding assistance through the BCC approved Collier County Tourism Sports Event Assistance Program which was approved by the BCC on 3/10/15 agenda item 16F4. All Sports Grants are reimbursable if they meet the requirements as stated in the application. The application was reviewed by the Sports Marketing Division and the recommendations below are supported by the projected number of hotel room nights generated for each event and projected future growth of each event. Event Host Date Location Room Grant Recommended Organization Nights Request Grant HITS Triathlon HITS, Inc. 1/9-10, Vanderbilt 520 $6,500.00 $6,500.00 Series -Naples 2016 Beach and surrounding area Total $6,500.00 $6,500.00 Groups that are approved for funding from the Sports Event Assistance Program are required to comply with the Program Guidelines as approved by the BCC. Each event sponsor is registered to do business in the state of Florida. The Tourism Department Sports Marketing team will advise each group of the approved grant amount award with a letter outlining the authorized use of the funds for event marketing expenses and site and event operating costs. FISCAL IMPACT: Funding in the amount of $6,500.00 for support of these events and this program is included in the FY 16 BCC approved Tourism Department budget and marketing plan using Fund 184. All expense reimbursements will be determined after the event promoters supply the Post Event Report with the required proof of those expenditures. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality and requires majority vote for approval. —CMG RECOMMENDATION: Recommend approval of Category `B" Tourist Tax funding in the amount of $6,500.00 to support one upcoming fiscal year 16 event under the Sports Event Assistance Program and make a finding that these expenditures promote tourism. PREPARED BY: Parker Medley, Sports Marketing Manager October 26, 2015 New Business 7-b SPORTS ASSISTANCE PROGRAM GUIDELINES: 2 of 9 1. Applicants must make the project or event accessible to the public and comply with State and Federal regulations. 2. Advertising and promotional campaigns supporting events must target markets outside of Collier County media such as broadcast, web and regional print and distribution. 3. To be considered for reimbursement collateral materials and print and broadcast advertisements must identify the Collier County tourist development tax as a source of funding. All promotional materials should contain the verbiage "A cooperative effort funded by the Collier County Tourist Development Tax"and/or display the CVB logo and website (www.paradisecoast.com ) and the sports specific website (www.athletesinparadise.com) where possible including all printed materials, television ads or digital and website promotion. 4. Use of Funds - Florida State Statutes 125.0104 section 5(A) 2 states that Tourism funds must be used to promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists. 5. Failure to track room nights and visitor information will affect both the current and future funding requests. 6. The event must achieve at least 80% of the applicant's projected hotel room nights to receive the full amount of the grant award. If the actual hotel room nights are less than the estimate, but still generate some room hotel room nights, the final award payment will be pro-rated based on the percentage of actual hotel room nights achieved. 7. In order for funds to be considered for reimbursement, the grantee must complete and submit the post event report including documentation of the number of hotel nights generated by the event. The grantee must provide proof of the eligible expenditures with payment records such as credit card, bank processed check records, or bank statements. October 26, 2015 New Business 7-b 3 of 9 8. Allowable Promotional Expenses: a. Promotions, marketing and programming expenses to include paid advertising, print advertising, on- line advertising and promotions, social media platforms, production expenses and must target markets outside of Southwest Florida. b. Field rental fees, rental fees, permit fees, site fees (rentals, contracted help, insurance) sanctioning fees, rights fees directly related to the funded event. 9. Non-allowable Expenses 1. Administrative or general expenses. 2. Building projects or permanent equipment expenses. 3. Hospitality and or social events, fundraising costs /functions. 4. Expenses and debts not related to event. October 26, 2015 New Business 7-b 4 of 9 Collier County Tourism Snorts Event Assistance Application PURPOSE; This document sets forth the guidelines and categories for requests for funds to support Sporting/Sports Events using Tourist Development Taxes. Applications will be accepted from organizations that plan to sponsor and promote sports tourism events within Collier County that will bring substantial numbers of visitors to the County. FUNDING ELIGIBILITY The intent of this Sports Events Assistance Program is to provide funding assistance for events that will attract overnight visitors to Collier County and impact the commercial lodging industry, hotels/motels, campgrounds, condominiums as well as restaurants, retail establishments and other businesses. To be considered for funding, the following criteria have been established: 1. The sports I sporting event must have the potential to bring or have had past history of attracting out-of-county visitors. 2. Applicants must agree to provide a marketing/promotions plan that promotes Collier County through advertising, promotion, PR, digital media and websites, and to utilize Collier tourism logos in those promotional efforts where possible. 3. Applicant must provide projected visitor impact and track visitor hotel usage. 4. The event participants are encouraged to use commercial lodging establishments within Collier County. 5. The event organizers must provide the necessary Liability, Medical,Workers Comp Insurance Coverage as required by Collier County. 6. Each applicant must sign the Certification and Compliance page of the application. Applications will be evaluated using the following criteria: • Projected room nights generated by overnight event visitors. • Proposal indicates the potential or shows previous evidence to generate future leisure or group meeting visitation to Collier County for overnight stays in Collier County commercial lodging. • Proposal contributes to the overall appeal of Collier County as a preferred visitor destination through its sports event offerings. • Proposal fits into overall marketing plan of the Tourism Department. • The event marketing/promotions plan is well-defined and thorough and reaches the Tourism Department target markets outside Southwest Florida. • The intended use of tourist tax funds must fall within the scope of the sports events program eligibility listed above. October 26, 2015 New Business 7-b 5 of 9 TYPES OF EVENTS: Sports events should have a history of, or the potential to, attract out-of-county visitors, either as participants or spectators, generating room nights. Sports Events are defined as organized tournaments or events that provide athletic competition or training to participants, and entertainment to competitors, spectators and media. GUIDELINES; 1. Applicants must make the project or event accessible to the public and comply with State and Federal regulations. 2. Advertising and promotional campaigns supporting events must target markets outside of Collier County media such as broadcast, web and regional print and distribution. 3. To be considered for reimbursement collateral materials and print and broadcast advertisements must identify the Collier County tourist development tax as a source of funding. All promotional materials should contain the verbiage "A cooperative effort funded by the Collier County Tourist Development Tax"and/or display the CVB logo and website (www.paradisecoast.com ) and the sports specific website (www.athletesinparadise.com)where possible including all ' printed materials, television ads or digital and website promotion. 4. Use of Funds - Florida State Statutes 125.0104 section 5(A) 2 states that Tourism funds must be used to promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists. 5. Failure to track room nights and visitor information will affect both the current and future funding requests. 6. The event must achieve at least 80% of the applicant's projected hotel room nights to receive the full amount of the grant award. If the actual hotel room nights are less than the estimate, but still generate some room hotel room nights, the final award payment will be pro-rated based on the percentage of actual hotel room nights achieved. 7. In order for funds to be considered for reimbursement, the grantee must complete and submit the post event report including documentation of the number of hotel nights generated by the event. The grantee must provide proof of the eligible expenditures with payment records such as credit card, bank processed check records, or bank statements. 2 October 26, 2015 New Business 7-b 6 of 9 8. Allowable Promotional Expenses: a. Promotions, marketing and programming expenses to include paid advertising, print advertising, on- line advertising and promotions,social media platforms, production expenses and must target markets outside of Southwest Florida. b. Field rental fees, rental fees, permit fees, site fees (rentals, contracted help, insurance) sanctioning fees, rights fees directly related to the funded event. 9. Non-allowable Expenses 1. Administrative or general expenses. 2. Building projects or permanent equipment expenses. 3. Hospitality and or social events, fundraising costs/functions. 4. Expenses and debts not related to event. Tracking Visitors and Event Impact Event organizers receiving tourist tax funding assistance must track visitors using a special tracking forms or surveys and complete and provide Collier County with a post event report on those results. Event promoter or rights holder will be required to collect these forms from all participants and teams participating in the event. The Sports Marketing Department has forms available for use by event promoters. Review Process 1. Applications will be reviewed by the Sports Marketing Staff of the Collier County Tourism Department and recommend funding for the event based on overnight accommodations projections. 2. Applications must be received 60 days prior to event in order to be considered for funding assistance. 3. All funding will be based on the availability of sufficient tourist tax revenue to fund the event assistance. Grant Request Funding Levels Events will be considered for funding assistance based on the potential hotel room nights generated from the event. If the Sports Marketing Staff feels the projected room nights are unrealistic, they may adjust the funding level accordingly. The following chart serves as a guideline for funding. Funding consideration will be based on submitted budget and eligible expenses. • 3 October 26, 2015 New Business 7-b 7 of 9 1N3w1abd3Q WS/2i001 Estimated Room Nights Funding Range SIOZ r ijp 500 and over $4,500-$6,500± 200-499 $2,400-$4,499 CaA l sn -i 100-199 $1,201-$2,399 �J Less Than 100 $0-$1,200 Collier County Tourism Sports Event Assistance Application 1. Organization Making Request HITS, Inc. 2. Non-Profit Tax ID No. or Federal Tax ID No. 30-0333044 3. Contact Person/Responsible Party David IGviat I Marc Nagelberg 4. Address 319 Main Street 5. City: Saugerties State NY Zip 12477 6. Cell#:201.981.2088 Alternate phone# 7. Email: david@hitsendurance.com 8. Name of Event; HITS Triathlon Series-Naples 9. Website• www.hitstriathlonseries.com 10.Venue: Vanderblt Beach area and surrounding area 11.Sanctioning Organization:United States Triathlon Association 12.Event Date(s) January 9& 10,2016 13.Description of Event(Format, participants, sanctioning body, etc) HITS produces exceptional triathlons that deliver a challenging multi-sport experience,with courses geared to the needs,level of training, endurance capacity and personal goals of each athlete.At each venue we offer five triathlon races over a 2-day period consisting of swim, bike and run. In addition to providing a product for the seasoned athlete,we believe it's also important to introduce the sport of triathlon to those who may have never thought that they could compete in or complete a triathlon.There is no qualifying criteria per say,though we are sanctioned by the USA Triathlon (USAT)and adhere to their governing body's guidelines and rules. Athletes must be 18 years of age in order to compete in the Full Distance race, 16 yrs for the Half distance, 12yrs for the Olympic& Sprint distances and 7 yrs old for the Open. 4 October 26, 2015 New Business 7-b 8 of 9 14.History of Event(Past cities event has been held In, past participants, past number of participants and visitors, etc) This event first took place in Naples FL,January 2012.2016 will represent its fifth year. In 2015 there were a total of 799 participants, 332 coming from out of the state of Florida.There was a total of 684 visitors from out of the State of Florida. Total hotel impact was$112,725 (501 room nights),In 2014 the there were a total of 1230 participants,840 coming from out of the State of . . . 2013 the there were a total of 1075 participants, 656 coming from out of the Sate of Florida. There were also a total of 1612 visitors from out of the State. Summarize your marketing plan for the event including all media. Regional and local advertising in newspapers such as Endurance Magazine and Endurance Sports media Group plus national digital advertising (Active.com&Endurance Sportswire. Local and regionaT aistnbution of rack cards, posters etc.; attenaence at triathlon and running expos. Economic Impact/participant projections Total Number of Expected Visitors from outside of Collier County 700 Projected Hotel Room Nights for event: 520 • Additional information to support visitor and participant projections See supporting materials • EVENT BUDGET EVENT EXPENSES: Intended Uses of Tourist Tax Grant Funds: Please refer to authorized and unauthorized uses on pages 2 and 3.Provide an itemized summary indicating the intended use of Tourist Development Tax(TDT)funds.Please be as explicit as possible,including planned cities where advertising or promotional materials will be placed.Indicate the total amount you plan to spend for each category or promotion. Use additional sheets if necessary. Collier County Sheriff-Security and Traffic Control $ 56,492 $ Total Tourist Tax Funds Requested: $ $6500 5 October 26, 2015 New Business 7-b 9 of 9 Certification and Compliance I hereby certify that the information contained in this application is true and correct to the best of my knowledge and that I have read the Policies and Procedures of the Collier County Special Event Assistance Program and will abide by all legal,financial, and reporting requirements as a condition of receiving grant funds from the Collier County Tourist Development Council. Signatures must be original. Please attach written authorization from organizing entity showing authority to apply for. Name: Marc Nagelberg Please Print or Type Organization: HITS, Inc. Please Print or Type ( natur 10/14/15 Date) VP Finance, HITS, Inc. Please send application and the Certification & Compliance Page to: Parker Medley 2660 N. Horseshoe Drive, Suite 105 Naples, FL 34104 239-252-4267 ParkerMedlevCa)_colliergov.net 6 October 26, 2015 New Business 7-c 1 of 3 EXECUTIVE SUMMARY Recommend approval of Tourist Tax Category "B" funding to support The National Youth Football Alliance Florida State Championships November 27-29,2015, up to$20,000.00 and make a finding that this expenditure promotes tourism. OBJECTIVE: Approve funding support for managing and promoting the NYFA Florida State Championships. CONSIDERATIONS: Collier County was recently awarded the 2015 and 2016 NYFA Florida State Championships and related events presented by the National Youth Football Alliance (NYFA). There will be championship games from age divisions 6U, 8U, 10U, 12U, 14U as well as a cheerleading competition for the respective age divisions. The Tourism Department Sports Marketing Team has brought these events to our community, and as part of the bid award, our obligation is to fund the following costs to support the event. Proposed NYFA Florida State Championship Expenses 2015 Items to be paid to vendors by Collier County Projected Cost Facility Rental—To Collier Public Schools/City of $7,000.00 Naples(Fleischmann Park) Event Staffing—To school/individual $2,500.00 Officials Cost—To Officials Association $2,500.00 Athletic Trainers—To each individual trainer $2,500.00 Hospitality tent stocked with food and soft drinks $1,000.00 Trophies—From Golden Gate Trophy $2,000.00 Security for all games—Collier County Sheriff's $2,500.00 Office Total: $20,000.00 The economic impact of this event is estimated at approximately$500,000.00 in direct visitor spending in our community, 600 hotel room nights and$ 2,592.00 in Tourist Tax revenue. This event strengthens our brand as a sports destination and a hotbed for Youth Football. FISCAL IMPACT: Funding in the amount of$20,000.00 for support of this event and this program is included in the FY 16 BCC approved Tourism Division budget (Fund 184) and in the BCC approved FY 16 Destination Marketing Plan. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG RECOMMENDATION: That the Board approves Category "B" Tourist Tax funding in the amount of $20,000 to support one upcoming Fiscal Year 16 event and make a finding that these expenditures promote tourism. PREPARED BY: Parker Medley, Sports Marketing Manager October 26, 2015 New Business 7-c 2 of 3 Total Value of Collier County's Proposed Sponsorship for NYFA Florida State Championships • Rental of all Fields $5,000.00 • All necessary Game Equuipment Included • Trainers & Officials $5,000.00 • Hospitality tent with food and drinks $1,000.00 • Rental of Gymnasium for Cheerleading $2,000.00 • Trophies $2,000.00 • Security for all games $2,500.00 • Event staffing $2,500.00 Total $20,000.00 •..4.,•': . :..::„... ...:.:......::::.,•,..:-:•..:.0dtober 26 2015 •. •• ••-.-••••••,,..,,........,..w::;,N:•;•.....j:J.;:.. •-4flik.,. ..J..i:-•!:Yz.;: i;,:::', ...A:.,,,,,,,,.:.v.:::..:4.:-.:...:.,, ,:-:.:.:..:•.: ..4... .14:V:;••:;.,..i..:.:::•ANOW:13usiness 7-c .. . •••,, -;-':.:..;';...2.14g:*.i,.:: 'Ai'415,4k*.:5.,,..:';''.,!-::::'7`'. ';',"''.:.$$.!'::':... '::5.1 ::.,':::.Y, , ,I'..::'•.V,f .:. :-:,,.j.:::.::...:.:,.,. 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October 26, 2015 New Business 7-d 1 of 17 EXECUTIVE SUMMARY Recommendation to approve the contract for Tourism Division media monitoring services to Cision/Vocus, Inc., and make a finding that this action promotes tourism. OBJECTIVE: Approval of staff selection of vendor for Tourism Division media monitoring services. CONSIDERATIONS: The Tourism Division, operating as the Naples, Marco Island, Everglades Convention and Visitors Bureau (CVB), conducted a comparative analysis of companies that provide media monitoring services to determine the best mix of services provided by each vendor. Media monitoring is a highly specialized service that is only provided by a handful of companies nationwide. This is a very important tool for the Tourism Division Public Relations staff to analyze the output of print, online, broadcast and social media editorial coverage of tourism activities in our community. The monitoring service entails evaluating, reporting and republishing, with permission, the promotional efforts of the destination world-wide. The Tourism Division has ascertained that each of the companies offering media monitoring services provide a slightly different mix of features. Based on a due diligence effort, Tourism staff identified three vendors that most closely align with the staff developed scope of services. The top three qualified firms were asked to submit quotes and to provide a demonstration of their services for staff review. The quotes received had a wide range of cost for the services, along with varying options. Two of the service providers could not provide monthly or quarterly billing options as requested by staff Cision/Vocus, Inc. was able to accept monthly/quarterly payments and its services are able to meet the needs of the CVB. The attached documents contain the scope of services and spreadsheet summarizing the quotes obtained from three providers of these services. After review of each firm's qualifications, staff recommends CisionNocus, Inc. as the most capable firm to deliver all of the required media monitoring services at the best cost to Collier County. The quote from CisionNocus, Inc, is summarized below: PLAN SERVICES Quantity Services Ordered Service Term 1 Standard Media Database:North America(includes up to 5,000 emails) 12 month(s) 1 Additional Concurrent User(s) 12 month(s) CONNECT SERVICES Quantity Services Ordered Service Term 1 3 Pack PRWeb Advance Releases 12 Month(s) MONITORING SERVICES Quantity Services Ordered Service Term 1 News On-Demand: Online&LexisNexis Print Monitoring N. America 12 Month(s) 1 News On-Demand Royalty Fee 12 Month(s) 1 Social Media Monitoring:Up to 120,000 results per year 12 Month(s) 1 News On-Demand: Upgrade to International monitoring 12 Months(s) October 26, 2015 New Business 7-d 2 of 17 Agreement Amount Price Total agreement amount $20,000.00 Discount ($6,042.50) Total Discounted Agreement Amount $14,047.50 Staff recommends award of this contract to Cision/Vocus,Inc. Contract will be executed in compliance with the Purchasing Ordinance. FISCAL IMPACT: The annual cost to Collier County is projected to be up to $14,047.50 and is included in the approved FY 16 Tourism Budget. This item will be reviewed by the Tourist Development Council (TDC)at their October 26, 2015 meeting. GROWTH MANAGEMENT IMPACT: There is not impact to the Growth Management Plan with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. -CMG RECOMMENDATION: That the Board of County Commissioners approves the contract for Tourism Division media monitoring services to Cision/Vocus, Inc., and make a finding that this action promotes tourism. Prepared by: Jack Wert,Tourism Director Attachments: Agreement, Scope of Services, Spreadsheet Lo -o r` o (No 0 CO NM N c ,N N 7 mm 0 U N oZ E E E` ., v = c ic c O g O c c v c °°°o o c 0 d a f0 `n i ° ti p '^ . u 2 0 m wz i: : ° : : N d Q C O m Y cU N° ° .ao ° O w 2 ! o 0 0 a £ N 3 % m z ° cu i- o m . Y N ` c 72 ; 2-- 1- -21' 2 N A w 2, :c c . m t u c -0a f0 a y r == a 2 v u ' mo° i o o v ° " ,u, m av v m m ^ : m 8 a E B D o v o a m 2 a' 7 m a.., 2 c h i- _ : 7. p 88 gf,'..,° ° ° ry c 2 I '� E $ c .rvi�x E a v ry + o n � c 1. . ..- E m g o ,o t o o vv o r .a. A 7., -,',7„ E §,,7,, 3. c c i' o v° E a E m c c w; ry ` 3 o m =a 7.2 „ q c A C . "° ,_ . -1 E n r 3 a 3 E ' v Z a T3 c° °° v E z c „ a t o.m o c ° n o 'E t 5 c 3 E 0 E q « a a A o f ., 3 a o A t Y a « s m m E v c ° v n o a 1 3 c v m q- E c A E v ° ° ` ° « c F a 0 m j ?- ° 3 0 3 r o ° o E E N > v E ` E o cv O u n cn , o « v m 1 a 9 m a w : a °V = ° z E° -v » E E w w 3g a - m cct L ,, a o o m o n E ° >° c m w r a u b a o c c 3 o o T ° m t v A m v ° 'n 2 E L 0 v 2c $ - a nr o ° a ° E N¢ E u ° E c E 33 a _a v v - E 9 w E o-° ° A A '41, " O m aroc t 0; m o _ -. ,. o m r ° c E N -a Z E E c` °c °° Y _ 2 -.E, c co °-v°r « 1+ L , E E rvo ,3 ° 3 Sn c v a a ° 3 ' E o A ,° 3 E t a w n ti a ° o« , o o .. _ _ E O m yyyrrr,, E E . o E a o - ` - E c a v ,'t z d - - o -v `o o- •v E ° on u > u E n _ -c a o ° n ' z z .. E m' 3 E E z 0 3 ' N ` 3� " > ° N °u E ° ; mo } E E a s u x i _ _ p, o ° c z o o °a v c N .§1431.c v« ° w v O q o c v m LL �« v ... Ea _ E a o m o E. '- z r 3 m =, E v w °t 3 Z. _n c u . c c v 3 E E x E m V °-°w ,_ N o ° « 'o 9 3 `o Y _ E v o° "A 3 d t E E ` E 'o E a w $ Y f 3 E t ,5 6 1 u o, o v - o m _ c H a A w N T H v c a o L �n ` _vt - g E " E_°,° =` i E t g 0 3 '° ; w 4 f 'o -a° E 3 E¢ v u 8 8 8 5 9 '4 a 3 t7 3 d c E E : 3 3 m s n m E N v G C '0 ry E N Y a Cr E a z c d III ° O °J c .n v m u m _ F W o t ° Q mry E ~ O1 P Q z u b ma N c w x °a M _ ..a,7, y C 0 3 a-� a- i ,,,, ,:,_-1 O044 w 1:02 u a w v C . c 2 uae October 26, 2015 New Business 7-d • 4 of 17 •0 Vocus, Inc. 12051 Indian Creek Court t. Beltsville,MD 20705 CIS IO ►►Col:x.is : "t`` Phone: (301)4794520 Fax: (240)559-0892 Tax ID:58-1806705 Order Form Reference No:Q-38131 Salesperson:Justin Tankersley,justin.tankersley@cision.com Created:October 8,2015 Quote Expiration:October 31,2015 This Order Form("Order Form")is entered into and effective as of the date of the Customer's signature below,between Vocus,Inc. with its principal place of business at 12051 Indian Creek Ct.,Beltsville MD 20705("Company")and Board of County Commissioners of Collier County,Florida,with its principal place of business at 3299 Tamiami Tr.East,Ste 700,NAPLES,FL 34112 USA("Customer"). This Order Form is governed by the attached Subscription Agreement terms and Conditions by and between Company and Customer(the"MSA")(collectively,the Order Form and MSA shall form the"Agreement").Capitalized terms used In this Order Form shall have the meaning assigned to them in the MSA,unless otherwise defined herein.In the event of any conflict or discrepancy between the MSA and this Order Form,the Order Form shall control. Shipping Information S H I P f l r,,, ,V I F 1A !; iv t J I I I F I K-It 1,1 ;`Iii' ! , 1, F 1' !.: I`3 :F;11 1I( 1 Company:Board of County Commissioners of Collier County, Florida Shipping Address:3299 Tamiami Tr.East,Ste 700 Naples FL, Shipping Address: 34112 USA Name:Erin Smith Name: Phone:(239)252-6298 Phone: E-mail:erinsmith(d3colliergov.net E-mail: Billing Information EILUf_i ^f ��'_, > ;��NC!'1I ,1 I"1F'Fn3 Company:Naples Marco Island Everglades CVB Accounts Payable Billing Address:3299 Tamiami Tr.East,Ste 700.NAPLES,FL Billing Address: 34112 USA Invoice Contact Name:JONELL MODYS Invoice Contact Name: Invoice Contact Phone:(239)252-2425 Invoice Contact Phone: Invoice Contact E-mail:jonellmodys®colliergov.net Invoice Contact E-mail: 1 of 14 October 26, 2015 New Business 7-d 5 of 17 • 1 Standard Media Database:North America(indudes up to 5,000 emits) 12 Month(s) 1 3 Pack PRWeb Advanced Releases 12 Month(s) 1 News OnDemand:Online&LexisNexis Print Monitoring North America 12 Month(s) 1 News On-Demand Royalty Fee 12 Month(s) 1 Social Media Monitoring:Up to 120,000 results per year 12 Month(s) 1 Additional Concurrent User(s) 12 Month(s) 1 News OnDemand:Upgrade to International monitoring 12 Month(s) Total Fees $20,090.00 Discount ($6,042.50) Total $14,047.50 Note:The Prices above do not include sales taxes.Taxes are charged based on the state listed in the Customer Information section p above.Invoices will reflect any such taxes collected. CdlleY chCQf Sk1�I Sjnri orLtcridd ;5 ' '"" 1 If a duration of time is listed in the Service Term,then the Service Term will begin on the date of Customer's signature below and continue for the duration.If dates are listed in the Service Term,then the Service Term will begin on the first date listed,unless Customer signs after such date,then Company will adjust the Service Term to start on the date of Customer's signature below. 2 of 14 October 26, 2015 New Business 7-d 6 of 17 Payment Information Total Discounted Agreement Amount:$14,047.50 Payment Plan:Quarterly Installment Amount:$3,511.88 This payment plan consists of 4 equal invoiced payments totaling the amount of the contract -fee). The first invoice will be generated at the time the contract is received and processed;the subsequent invoices will be generated on the same day, three months apart. Payment Type:invoice Payment Terms:Bdeon-reeeipt.Invoices shall be delivered via email to the"Invoice Contact E-mail"in the billing Information section above. %rnent in Gary lance mth Ch.21$, c,GXad 6wanwylerrt Att. Are you Tax Exempts l If your organization is tax exempt,we require a valid fax exemption certificate from your state.Please email a copy of your certificate to your sales representative. We will not be able to process your order until this certificate has been received. If your organization requires a P.O.number on invoices issued by Company,please provide the P.O.number below.Failure to provide such information acknowledges that no P.O.number is required and all Invoices will be paid in accordance with the Agreement. P.O.Number System Manager Please provide contact information for the person who will manage your system. Name: Email Address: 3 of 14 October 26, 2015 New Business 7-d 7 of 17 Product Overview The following products are included In this proposal: Standard Media Database: North America (includes up to 5,000 emails) Access to our North American media contacts,outlets and editorial opportunities for one user.Indudes 5,000 emails which expire at the end of the contract. 3 Pack PRWeb Advanced Releases Flat Rate Package of 3 PRWeb Advanced Releases per year.Releases expire 12 months from date of purchase.Indudes up to 4 images embedded on PRWeb.corn per release. News OnDemand: Online&LexisNexis Print Monitoring North America Coverage of nearly 10,000 North American print sources of newspapers,magazines,trade/business journals and newsletters from the LexisNexis library as well as tens of thousands of North American news websites. • News On-Demand Royalty Fee • Royalty fees for online content. Social Media Monitoring: Up to 120,000 results per year Monitor millions of blogs,soda)media sites and Twitter.Receive up to 120,000 results per year. Additional Concurrent User(s) Concurrent user license allows one user to access the software per license. News OnDemand: Upgrade to International monitoring Upgrade your News OnDemand package to international content. {Signature page follows) 4 of 14 October 26, 2015 New Business 7-d 8 of 17 IN WITNESS WHEREOF,the parties have executed this Agreement by their authorized representatives. For: Vocus Inc. Signature: Printed Name: Date: SUBSCRIBER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Joanne Markiewicz Procurement Services Director COMPANY FIRST WITNESS: By: Print Name COMPANY SECOND WITNESS: By: Print Name Approved as to Form and Legality: Assistant County Attorney 5of14 �., / October 26, 2015 New Business 7-d 9 of 17 SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS For good and valuable consideration,the receipt and sufficiency of thereof), to any person, organization or institution other than which is hereby acknowledged,the parties agree as follows: Allowed Recipients. Subscriber warrants that text or video clips provided to Subscriber through the use of the 1. SUBSCRIPTION Service will not be resold, republished or otherwise A. Subject to the terms and conditions of this agreement, the systematically distributed to third parties in any form, subscriber ("Subscriber") named in the first page (the "Cover including but not limited to via an intranet,extranet or internet Page") of this subscription agreement (the "Agreement") hereby site. Notwithstanding anything to the contrary in this Section subscribes to the on-demand relationship management service(the 1.B, Subscriber may, via Company functionality, post, in "Service") made available by Vocus, Inc. or its affiliate(s) (d/b/a/ electronic format,text,video clips,reports or the like,received Cision, hereafter "Company"). The term "Service" shall be via the Service to an intranet site for access and use solely by deemed to include any professional services or custom services Allowed Recipients. provided by Company under this Agreement and/or as obtained by (iv) Subscriber acknowledges and agrees that in providing using the suite of services/tools set forth on the Order Form. the Service,Company will supply information,including news Company grants Subscriber a non-exclusive, revocable, non- mentions, prepared by others ("Third Party Content"), and transferable (other than as set forth in this Agreement), non- Company is not responsible for the content of any such Third sublicensable right to access and use those modules of the Service Party Content. Company makes no representation or warranty, set forth on the Order Form for its own internal business purposes whether express or implied, regarding the origin, accuracy, in accordance with the terms and conditions in this Agreement. correctness,completeness,subject matter, content,or editorial Subscriber shall not (i) license, sublicense, sell, resell, transfer, approach of any Third Party Content. assign,or otherwise commercially exploit or make available to any third party the Service or any data provided by the Service in any (v) Subscriber acknowledges and agrees that the Third Party way; or(ii) access the Service in order to(a) build a competitive Content monitored by Company is subject to copyrights owned product or service,(b)build a product using similar ideas,features, by third parties. Company does not imply, represent or functions or graphics of the Service,or(c)copy any ideas,features, warrant, by virtue of supplying information incorporating functions or graphics of the Service. Third Party Content,that Company holds or grants any license to use any text, video clips or graphics provided, including B. This Section 1.B sets forth the terms and conditions governing news mentions or links to such mentions. Subscriber's use of Company's provision and Subscriber's use of Company's content any text,video clips or graphics provided hereunder,other than monitoring service currently known as News On-Demand, News in accordance with the terms set forth herein, shall be at Management, Social Media or Broadcast Media(collectively and Subscriber's sole risk and expense. Further, Subscriber's use individually the "Monitoring Service") and only applies if such of information obtained through the Service may be subject to service is included on the Order Form, or is part of a suite of restrictions imposed by one or more third-party copyright purchased services, in either case, the Monitoring Service shall be owners, and Subscriber agrees that it shall comply with any considered part of the Service. such restrictions. (i) Company will monitor various sources on a daily basis for (vi) Company does not represent or warrant that any specific mentions of words or phrases specified by Subscriber (each source will be monitored by Company. Company reserves the word or phrase a"Subscriber Query"). Company reserves the right to change the sources that it monitors at any time. right, in its sole and absolute discretion,to refuse to undertake any query that Company reasonably deems improper or (vii) Certain sources, including but not limited to The Wall unlawf . Street Journal,may limit Subscriber's ability to view content or access links through the Service. Subscriber agrees that it (ii) Subscriber can access the text(or portions of the text)and shall comply with any such restrictions. video clips containing the Subscriber Queries through the Service. Using the Service's functionality, Subscriber may e- (viii) If Subscriber provides users in the United Kingdom mail text, links viewable within the Service or video clips to (UK) with access to the Monitoring Service, then Subscriber Subscriber's employees, agents, contractors or clients (in the shall: case of agencies who use the Service on behalf of a client) ("Allowed Recipients") solely for use in relation to - Obtain a license for NLA Content directly from the Subscriber's or client's (in case of agencies who use Newspaper Licensing Agency ("NLA") for such the Service on behalf of a client)internal business purpose. UK users; (iii) Neither Subscriber nor Allowed Recipients may(a)resell - Unless licensed by the NLA, not to further any text or video clips supplied hereunder(including any portion broadcast, copy, distribute, display, sell, publish, thereof);or(b)distribute or transfer,by any means whatsoever, broadcast, err internally deliver any transmit NLA any text or video clips received via the Service (or copies Content either internally or to any third party(with 6 of 14 CI) October 26, 2015 New Business 7-d 10 of 17 the exception of licensed Public Relations for Subscriber. Company is not responsible for verifying facts Consultancies and/or Trade/Professional contained in any Release Materials. Associations) so as to infringe the intellectual property rights vested in the NLA; (ii) Neither Company nor the Press Release Services - Not remove,conceal or alter any copyright notices companies warrant specific placement of any news release nor contained on or within the NLA Content as pick up by third parties of any news release,but will deliver a accessed or delivered; news release via online distribution methods to make such - Not store NLA Content in electronic form as part of content available to be repurposed by third parties who discover any library or archive of information other than the content at various Internet locations, both intended and within the Service;and unintended. - Provide a statement when requested by Company setting out the number of permitted users within (iii)Subscriber shall not query, spider or access any Press Subscriber's organization in the UK. Release Services without the express written consent of Company. (ix) Within the Service,Company provides certain news and other content and/or content sharing capabilities (a/k/a (iv)PRWeb Service. Quickshare) (collectively "LN Materials") to Subscriber through a partnership with LexisNexis, a division of Reed a) Company reserves the right in its reasonable discretion Elsevier Inc.("LN"). The LN Materials are provided"AS IS", to (a) reject or edit Release Materials (such editing to be and Subscriber's use of the LN Materials are subject to LN's done collaboratively with Subscriber); and(b)remove any terms and conditions available online at news release from its web site, cease distribution of any www.lexisnexis/terms/general (the "LN Terms"), and news release or reject any news release. Subscriber incorporated into this Agreement by reference. The LN Terms acknowledges that re-distribution of news releases is beyond shall be deemed modified to the extent necessary to permit Company's control, and accordingly, Company is not access to the LN Materials through the functionality of the obligated to remove Release Materials from sites outside of Service. Subscriber is prohibited from accessing and using LN Company's PRWeb network. Materials unless Subscriber has consented to the LN Terms. b) All Release Materials must follow the PRWeb Service The LN Terms constitute a separate binding agreement editorial guidelines which can be found on the PRWeb between LN and Subscriber,and LN has the right to assert and Service web site and are subject to change at any time at enforce the LN Terms directly on its own behalf. Company Company's sole discretion. takes no responsibility and assumes no liability for the c) If there are errors in the dissemination of Release obligations of LN as well as any LN Materials accessed by Materials by Company, Company shall use reasonable Subscriber using the Service. Subscriber agrees that Company efforts to correct such errors promptly upon Subscriber's is only acting as a passive conduit for online distribution and notice, without additional charge, and such obligation to publication of LN Materials which have been ordered by Subscriber from LN. LN's consent to the terms of this correct shall constitute the sole liability of Company in this Agreement shall be evidenced by providing Subscriber with regard. the means to access the LN Materials. The LN Materials may d) All Release Materials submitted by Subscriber to be provided as part of or separately from the Monitoring Company must contain a Subscriber contact name, phone Service number and e-mail address that can be verified by Company. C. This Section 1.0 sets forth the terms and conditions governing (v) Marketwired Service. Subscriber's purchase of press release distribution services including the distribution of news releases and related information via the a) Use of the Marketwired Service is subject to Software through Company's partnerships with either PRWeb(the Marketwired's Terms of Service available online at "PRWeb Service") or Marketwired (the "Marketwired Service") http://www.marketwire.com/Marketwire_Terms_of_Servi (collectively,the"Press Release Services")and only applies if such ce_US,or such other method as may be advised from time service is listed on the Order Form,or is part of a suite of purchased to time by Marketwired, and incorporated into this services, in either case, the Press Release Services shall be Agreement. Such terms of service shall be deemed considered part of the Service. modified to the extent necessary to permit access to (i) Subscriber and not Company is responsible for the content Marketwired's services through the functionality of the and accuracy of all news copy and other information submitted Software. Marketwired's Terms of Service constitute a by Subscriber to Company for distribution via the Press Release separate binding agreement between Marketwired and Services(the "Release Materials"),even if such copy has been Subscriber, and Marketwired has the right to assert and reviewed,edited,or written by a Press Release Services company enforce its terms of service directly on its own behalf. 70(14 October 26, 2015 New Business 7-d 11 of 17 D. This Section 1.D sets forth the terms and conditions governing are expressly reserved to Company or its licensors, as applicable. Company's provision and Subscriber's use of Company's service Subscriber agrees not to modify,create derivative works of,translate, linking information sources to reporters and bloggers currently reverse engineer decompile,disassemble the Service or Software or known as HARO or HelpAReporterOut("HARO")and only applies otherwise recreate or gain access to the source code. Furthermore, if such service is listed on the Order Form, or is part of a suite of Subscriber shall not use the Service or any interface thereto for the purchased services, in either case, HARO shall be purpose of developing a product or service that provides functionality considered part of the Service. similar to the Service. (i) There are three types of memberships in HARO: F. The Service may include commenting or messaging Journalist Members,Source Members and Sponsors.The scope functionality, functionality that allows posting or transmitting of Subscriber's access to the site is dependent upon the content to outward facing,social or public platforms. By doing so, member type. Journalist Members log onto the Journalist Subscriber agrees not to post any of the following: home page and post a query("HARO Query")which is given an anonymous email address. Source Members receive email (i) Content that is unlawful, libelous, defamatory, obscene, listings of HARO Queries submitted by Journalist Members.If pornographic, indecent, lewd, suggestive, harassing, a Source Member has relevant information which he or she threatening, invasive of privacy or publicity rights, abusive, believes, in good faith, can assist the Journalist Member with inflammatory,or fraudulent; regard to the specific HARO Query,then the Source Member may provide that information in response.The Source Member (ii) Content that violates,or that causes Company to violate, may not respond if the information is not in specific response any applicable law, regulation, or order of any governmental to the HARO Query and the Source Member may not utilize authority in any jurisdiction; any information contained within the HARO Query for any other purpose. Sponsor Members: To become a Sponsor (iii) Content that infringes or violates any intellectual member,a Subscriber must purchase advertisement spots that property or proprietary right of any party, or that Subscriber will appear in a HARO email. otherwise does not have the right to make available; (ii) Source Members may forward HARO Queries to others, (iv) Private or confidential information of any person or but Source Members shall not post HARO Queries on blogs, entity, any trade secrets or information for which Subscriber web sites or any similar venue. Subscriber must not harvest has any obligation of confidentiality, or any material that Journalist Member email addresses for any reason. impersonates any person or entity or misrepresents Subscriber's affiliation with any person or entity; (iii)Company does not represent or warrant any information (v) Viruses, corrupted data, or other harmful, disruptive, or regarding the identity of any Journalist or Source Member with whom Subscriber may interact in the course of using the destructive files or content; Service. Additionally, Company does not verify the authenticity of any data which Journalist or Source Members (vi) Content that violates any terms or conditions,policies,or provide about themselves or relationships such individuals may guidelines of any social media platform or other platform or • describe. Subscriber shall not falsely state, impersonate, or service to which it is posted;or otherwise misrepresent its identity,including but not limited to the use of a pseudonym in posting or responding to HARO (vii) Content that transmits any bulk unsolicited commercial Queries. communications. (iv)Company is not liable for the deletion, corruption or G. Subscriber represents to Company that Subscriber has valid failure to post, store and/or forward any messages or other title or license to all materials, including but not limited to the content(and/or to do so in a timely manner),including without Release Materials if applicable,provided by Subscriber for residence limitation HARO Queries maintained or transmitted by the on the Service (the "Subscriber Materials"), and it has all rights Service. necessary to grant Company the rights set forth in this Agreement. Subscriber Materials are and shall remain the property of Subscriber, E. Company's online platform comprised of tools, databases, who shall retain all intellectual property rights APIs, and software solutions developed by Company (the therein. Subscriber hereby represents and warrants that Subscriber "Software") allows access to certain proprietary or licensed Materials will not contain any content that is obscene, libelous, information, data and materials. No license or other rights in the slanderous or otherwise defamatory, false or misleading or that Software and any content within the Service, exclusive of violates any copyright,right of privacy or publicity or other right of any person or party. Subscriber hereby grants to Company a non- exclusive, royalty-free license to use, copy, distribute, perform, Subscriber Data and Subscriber Materials,are granted to Subscriber display and prepare derivative works of the Subscriber Materials hereunder,and all rights not expressly granted to Subscriber herein solely for the purpose of providing the Service. Company reserves 8 of 14 CS) October 26, 2015 New Business 7-d 12 of 17 the right to remove Subscriber Materials or other information and 3. BACK-UP AND SUPPORT SERVICES accounts containing any information that it determines in its sole discretion are unlawful, offensive, threatening, libelous, A. Company shall keep offsite back-ups of Subscriber's data. defamatory, pornographic, obscene or otherwise objectionable or Restoration of Subscriber's data due to the fault of Subscriber will that violate any party's intellectual property or this Agreement. be at Subscriber's expense and if due to the fault of Company, at H. Subscriber is responsible for all actions taken via Subscriber's Company's expense. account for the Service, including protecting the confidentiality of B. During the term of this Agreement, Company shall provide Subscriber's passwords and user 1Ds, and maintaining timely technical support to Subscriber by providing Subscriber with contact information for such account. access to a member of the Company support services staff via a I. Company uses information collected from Subscriber telephone help line or email, which support staff member will ("Subscriber Data") to provide the Service. Company may share consult with Subscriber for a reasonable amount of time during the Subscriber Data or Subscriber Materials with its affiliates or third hours of 8:00 AM and 8:00 PM Eastern time, Monday through parties that work on Company's behalf or provide services to Friday (unless otherwise set forth on the Order Form) to assist Company in relation to Company's provision of the Service to Subscriber with troubleshooting, error correction and use of the Service. Subscriber, including but not limited to necessary hardware, software,networking,storage,and technologies required to run the C. Any professional services or custom services purchased by Service, and Subscriber hereby consents to such use of Subscriber Subscriber shall be used by Subscriber within the longest Data and Subscriber Materials by affiliates and third parties. subscription term of any other service listed on the Order Form,or Subscriber acknowledges and agrees that Subscriber Data and if no other service is listed on the Order Form, then within Subscriber Materials may be transferred to, stored in,or accessed Subscriber's than current subscription teen. from outside the United States solely in order to provide the Service or for Company to fulfill its other obligations under this 4. FEES Agreement. Company shall,in providing the Service,comply with A. Subscriber shall pay the fees set forth on the Order Form in its privacy policy taa�vaailaabblle at wvaw.vocus.cyolan,_www cision.com, accordance with the payment terms set forth on the Order Form or Sttbett IV K, welioGgilco AS ab •imr�A• ,•n signing of this Agreement if no such terms are contained on the J. ubscriber is an advertising or public relations agency, brder Form. Fees are for services subscribed to and not for Subscriber may use the Service on behalf of a client, only in actual usage of the service,and except as set forth in Section 9.8, accordance with this Agreement. Subscriber may provide Allowed payment obligations are non-cancelable and all fees paid are non- Recipients with text or video clips received via the Monitoring refundable. Unless otherwise agreed to by the parties, Subscriber Service only if Subscriber obtains one license to the Monitoring will not be given access to the Service until payment has been Service for each client on whose behalf Subscriber is using the received. All-Par rvartnotieccived-frorrrSnbscrItterzythrtIMITe Service. balane, Per-n+enth,ter-pursuant to Section 218.74, Fla. Stat. 2. HOSTING,SERVICE AVAILABILITY AND STORAGE whichever is lower,from the date such payment was due until the A. Company shall host and maintain the Service on its servers. date paid. The Service will maintain an average availability of no less than B. If Subscriber's account is thirty(30)days or more overdue,in 99.5%, which translates to less than forty-five (45) hours of addition to any of its other rights or remedies,Company reserves the downtime per annum,excluding downtime caused by(i)scheduled right to suspend Subscriber's access to the Service,without liability maintenance performed between the hours of 12:00 AM and 6:00 to Subscriber,until such amounts are paid in full. AM Eastern time,(ii)emergency maintenance,(iii)force majeure, C. Prices set forth on the Order Form do not include taxes. and (iv) any other events beyond Company's reasonable control. Unless collected and remitted by Company (as indicated on the Downtime is any time in which a computer on the global Internet is invoice reseirted to Subscriber Company),to connect to the Company production environment,log into p by pany), Subscriber is the application, access application data or file attachments or responsible for payment of all taxes due to a governmental execute reporting jobs due to unavailability of the Service. authority, if any, except for taxes imposed on Company's net income. Subscriber shall provide to Company any certificate of B. Company shall provide up to 500 megabytes (5 gigabytes if exemption or similar document required to exempt any transaction Company Public Relations Enterprise Edition is specified on the under this Agreement from sales tax or other tax liability. Order Form) of hosted data storage capacity to Subscriber for purposes of storing Subscriber Materials on the Service. 5. NONDISCLOSURE Subscriber may purchase additional storage space at any time at A. "Confidential Information" means any and all information, Company's then-current price for such storage. which is of a confidential,proprietary or trade secret nature that is furnished or disclosed by one party to the other party under this Agreement. Without limiting the generality of the foregoing, 9 of 14 October 26, 2015 New Business 7-d 13 of 17 Confidential Information includes the specific business terms of limitation, any software routine, code or instruction, hardware this Agreement, Subscriber Materials, and any other information component or combination of the above which is designed to that is marked as"Confidential,""Proprietary,""Trade Secret,"or intentionally repossess the programs. For purposes hereof,"Virus" in sonic other manner to indicate it is of confidential,proprietary or means,but is not limited to,components that are commonly referred trade secret nature. to as "viruses," "back doors," "time bombs," "Trojan horses," B. Confidential Information will remain the property of the "worms,""drop dead devices,"and the like;(ii)it has the right to disclosing party. The receiving party agrees: (i) to hold the grant the license (i.e., use rights) to the proprietary software Confidential Information in strict confidence;(ii)to limit disclosure underlying the Service hereunder and to Company s knowledge, of the Confidential Information to the receiving party's own that the software underlying the Service(and use thereof)shall not employees, agents affiliates, or authorized consultants or vendors infringe a third party's proprietary rights; (iii)the Service will be who have a need to know the Confidential Information for the provided in a professional and workmanlike manner; and(iv) the purposes of this Agreement; (iii) not to disclose any Confidential Software shall be delivered free from any security interest or other Information to any third party; (iv) to use the Confidential lien,encumbrance or claim of any third party. These warranties shall Information solely in accordance with the terms of this Agreement survive inspection, acceptance, passage of title and payment by in order to carry out its obligations or exercise its rights under this Subscriber. Agreement;and (v)to notify the disclosing party promptly of any C. Each party represents and warrants that the undersigned unauthorized use or disclosure of the Confidential Information and individual has full authority to(i)execute this Agreement on behalf to cooperate with the disclosing party in every reasonable way to of his/her respective party,and(ii)bind his/her respective party to cease such unauthorized use or disclosure. this Agreement. C. The obligations under this Section 5 will not apply to D. THE WARRANTIES SET FORTH IN THIS information that the receiving party can demonstrate: (i)at the time AGREEMENT ARE IN LIEU OF ALL OTHER of disclosure is generally available to the public or after disclosure WARRANTIES,EXPRESS OR IMPLIED,INCLUDING,BUT becomes generally available to the public through no breach of NOT LIMITED TO, THE IMPLIED WARRANTIES OF agreement or other wrongful act by the receiving party; (ii) is MERCHANTABILITY, FITNESS FOR A PARTICULAR independently developed by the receiving party without regard to the PURPOSE AND TITLE (INCLUDING NON- Confidential Information of the other party;or(iii)is required to be INFRINGEMENT), AND ANY AND ALL IMPLIED disclosed by law or order of a court of competent jurisdiction or WARRANTIES ARISING FROM STATUTE, COURSE OF regulatory authority,provided that the receiving party shall attempt DEALING, COURSE OF PERFORMANCE OR USAGE OF to furnish prompt written notice of such required disclosure and TRADE. reasonably cooperate with the disclosing party, at the disclosing party's expense,in any effort made by the disclosing party to seek a 7. INDEMNIFICATION protective order or other appropriate protection of its Confidential A. Company will indemnify, defend and hold Subscriber Information. harmless against any claim or demand a third ag � y by party, including D. The parties agree that any breach of this Section 5 may cause without limitation reasonable attorney's fees, alleging that the the disclosing party substantial and irreparable damages;therefore, Software infringes any intellectual property right under the laws of if the receiving party discloses or uses(or threatens to disclose or the United States of a third party. Company's indemnification use)any Confidential Information of the disclosing party in breach obligation does not cover third party claims arising from: (i) of this Section 5, the disclosing party shall have the right, in modifications to the Software or the Service by anyone other than addition to any other remedies available to it,to seek injunctive and Company or its authorized agents and contractors; (ii) use of the equitable relief. Software by Subscriber in combination with other software or equipment not provided by Company where the Software,but for E. Confidentiality of information contained in this agreement is such combination, would not be infringing; or (iii) Subscriber's subject to the requirements of the Florida Public Records Act, failure to use the Software or the Service in accordance with the Chapter 119,Fla.Stat.,and the Florida Sunshine Law,Chapter 286, terms and conditions in this Agreement. Fla.Stat. B. Except as limited by Florida Statutes, Section 768.28 6. WARRANTIES Subscriber shall be responsible for the claims,losses,damages and A. Company represents and warrants that the Service will be expenses that are proximately caused by the wrongful or negligent available to Subscriber and perform substantially in accordance acts or omissions of itself or its agents,employees or representatives with the on-line help documentation and the service level standards acting within the scope of their duties. Nothing herein shall be • set forth in Section 2.A of this Agreement. construed to limit Subscriber from asserting any defenses or immunities(including common law,statutory and constitutional)it B. Company represents and warrants that (i) the software may have or be construed to create a basis for a claim or suit when underlining the Service does not and will not contain any Virus(as none would otherwise exist. defined herein) or harmful or malicious code, including, without 10 of 14 October 26, 2015 New Business 7-d 14 of 17 C. Indemnification by a party hereunder is conditioned upon the this Section 9. Any renewal payments will be due upon receipt of following: (1)the indemnitee promptly notifying the other party of a proper invoice and in compliance with Chapter 218.70 Fla.Stats., any claim; (ii) the indemnitor having sole control of the defense otherwise known as the"Local Government Prompt Payment Act and all related settlement negotiations; and (iii) the indemnitee B. If either party believes that the other party has failed in any cooperating, at the indcmnitor's expense, in the defense and material respect to perform its obligations under this Agreement, furnishing the indemnitor with all related evidence in its control. then that party may provide written notice to the breaching party D. If a claim regarding the Service and alleging infringement i• describing the alleged failure in reasonable detail. If the breaching brought or is likely, in Company's sole opinion, to be brough party does not cure or begin to cure the material failure within 30 Company may,at its sole option and expense(i)obtain the right fo calendar days after receiving such written notice, then the non- Subscriber to continue using the Service; (ii) replace or modify the breaching party may terminate this Agreement by written notice to Service so that it becomes non-infringing; or (iii) upon notice t. the breaching party. Termination of this Agreement will be in Subscriber, terminate this Agreement or Subscriber's use of the addition to, and not in lieu of, other remedies available to the Service or any portion thereof, provided that Company promptl terminating party. Upon such termination by Subscriber,Company refunds to Subscriber the prorated portion of any pre-paid annu• agrees to promptly refund to Subscriber a prorated portion of any subscription fees paid hereunder for the Service or any portion of th• prepaid annual subscription fees paid hereunder. Service. C. In addition to those conditions,rights,and remedies set forth in 8. LIMITATION OF LIABILITY this Agreement,Company may also suspend Subscriber's access to the • Service if in Company's reasonable opinion: (i)Subscriber's use of A. Subscriber acknowledges that it alone is responsible for the the Service violates applicable local,state,federal,or foreign laws or results obtained from its use of the Service, including without regulations;(ii)Subscriber fails to use the Service in accordance with limitation the usefulness, completeness, accuracy and content of Section 1 of this Agreement; (iii) Subscriber's use of the Service such results. If any such results are inaccurate or incomplete solely results in excessive bounce-backs, SPAM notices or requests for due to any defect in the Service,Subscriber's exclusive remedy and removal from mailing lists by recipients; or(iv) there are repeated Company's sole obligation shall be to correct or modify the Service complaints of Subscriber posting or uploading at no additional charge to Subscriber. material that infringes or is alleged to infringe the copyright or B. The Service's web site may contain hyperlinks to Web sites trademark rights of any person or entity.Company will provide notice controlled by parties other than Company. Company is not (which may be by email)of such suspension;and when commercially responsible for and does not endorse or accept any responsibility possible,will work in good faith with Subscriber to help Subscriber over the content or use of such Web sites. resolve the issue causing the suspension. C. Except for a material breach of the confidentiality provisions D. Within thirty (30) days after the expiration or termination of set forth in Section 5, or claims related to personal injury or this Agreement for any reason: (i) Subscriber shall destroy the property damage caused solely by Company's negligence or willful C iginal an I allnformas (including partial copies) of Company's misconduct,Company's entire liability and Subscriber's exclusive (ii) Company shall destroy remedy for damages for any claims arising under or in connection Subscriber's Confidential Information hosted on the Service. with this Agreement,regardless of the cause of action, whether in Subscriber's Confidential Information stored on backup tapes or contract or in tort(including without limitation,breach of warranty similar will be overwritten or deleted in Company's ordinary and negligence claims)shall be limited to Subscriber's actual direct course of business. damages, not to exceed the amounts actually paid by Subscriber E. The obligations of Sections 1.A(i)and(ii), I.E. 1.F and 1.G,5 under this Agreement during the twelve months immediately (Nondisclosure), 7 (Indemnification), 8 (Limitation of Liability), preceding the month in which the cause of action arose. 10 (Governing Law and Disputes), and 11 (General) will survive D. IN NO EVENT SHALL EITHER PARTY HAVE ANY the expiration or termination of this Agreement. LIABILITY TO THE OTHER PARTY FOR ANY CLAIMS 10. GOVERNING LAW AND DISPUTES OR DEMANDS OF THIRD PARTIES (OTHER THAN THOSE THIRD PARTY CLAIMS COVERED BY SECTION A. This Agreement will be governed and construed in accordance 7)OR ANY LOST PROFITS,LOSS OF BUSINESS,LOSS OF with the laws of the State of Florida exclusive of its choice of USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, law provisions and WITHOUT THE APPLICATION OF THE SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR UNIFORM COMPUTER INFORMATION TRANSACTIONS PUNITIVE DAMAGES, EVEN IF ADVISED OF THE ACT. Any suit hereunder will be brought in the federal or state POSSIBILITY OF SUCH DAMAGES. courts located in the State of Florida,and the parties submit to the personal jurisdiction thereof. The parties agree that the United 9. TERM AND TERMINATION Nations Convention on Contracts for the International Sale of A. The term of this Agreement shall be the subscription term set Goods shall not apply to this Agreement.Subscriber and Company forth on the Order Form unless terminated earlier in accordance with agree that in the event of litigation,the prevailing party shall have 11 0114 October 26, 2015 New Business 7-d 15 of 17 the right to collect from the other party its reasonable costs and E. If Subscriber is the U.S. Government or any agency or attorneys'fees. instrumentality thereof, the software provided pursuant to this B. Both parties agree to comply fully with all relevant laws, Agreement is delivered with RESTRICTED RIGHTS only. The including the export laws and regulations relating to use of the Service use, duplication, or disclosure by the Government is subject to in its place of business, regardless of country or restrictions as set forth in FAR 52.227-19 Commercial Computer jurisdiction, However, Subscriber's use of the data supplied by the Software—Restricted Rights or DFAR 252.227-7013 Rights in Service is at Subscriber's own risk. Without limiting the foregoing, Technical Data and Computer Software. Subscriber will be solely responsible for usage of contact information F. The provisions of this Agreement shall be deemed severable, (e.g. names, phone and facsimile numbers, e-mail addresses and and the unenforceability of any one or more provisions shall not physical addresses)in compliance with relevant laws and regulations. affect the enforceability of any other provisions. In addition,if any Subscriber may not:(i)send spar or unsolicited messages in violation provision of this Agreement, for any reason, is declared to be of relevant laws, including concerning privacy, data protection, unenforceable,the parties shall substitute an enforceable provision telemarketing,the CAN-SPAM Act or other commercial email laws, that,to the maximum extent possible in accordance with applicable wireless domain suppression lists,and"Do-Not-Call"lists;(ii)send law,preserves the original intentions and economic positions of the or store infringing, obscene, threatening, harassing, libelous, or parties. otherwise unlawful or tortious material,including material harmful to G. No failure or delay by either party in exercising any right, children or violate third party privacy rights; or(iii) send or store power or remedy will operate as a waiver of such right, power or material containing malicious code, including, without limitation, remedy,and no waiver will be effective unless it is in writing and software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. Company also reserves the signed by the waiving party. If either party waives any right, right to use or disclose information provided if required by law or if power or remedy, such waiver will not waive any successive or Company reasonably believes that use or disclosure is necessary to other right, power or remedy the party may have under this protect Company's rights and/or to comply with a judicial proceeding, Agreement. court order,or legal process. H. Company and Subscriber are independent contractors and this Agreement will not establish any relationship of partnership,joint 11. GENERAL venture,employment,franchise or agency between the parties. A. Any notice or other communication required or permitted to be 1. Statutory Conformity.Goods and services provided pursuant to made or given by either party pursuant to this Agreement will be in this Agreement, and their production and transportation shall writing,in English,and will be deemed to have been duly given:(i) conform to all applicable laws, including but not limited to the five business days after the date of mailing if sent by registered or Occupational Health and Safety Act,the Federal Transportation Act certified U.S. mail, postage prepaid, with return receipt requested; and the Fair Labor Standards Act. (ii)when delivered if delivered personally or(iii)one business day after being sent by express courier service. All notices will be sent J• Advertising.No Company providing services to Subscriber to the other party at its address as set forth on the Order Form(in shall advertise the fact that it has contracted with Subscriber for the case of Company, goods and/or services, or appropriate or make use of Subscriber's pony,"Attn: Legal Department")or at such other name or other identifying marks or property without the prior written address as such party will have specified in a notice given in g p Per' accordance with this Section 11.A. In addition, Company may consent of Subscriber's Purchasing Department provide notices to Subscriber electronically either via the Service or K. Insurance Requirements. Company, at its sole expense, shall via any email address provided by Subscriber in connection with provide commercial insurance of such type and with such terms and Subscriber's account. limits as may be reasonably associated with this Agreement. B. Neither party may assign this Agreement without the written Providing and maintaining adequate insurance coverage is a material consent of the other party,which consent shall not be unreasonably obligation of Company. All insurance policies shall be executed withheld or delayed, except that no such approval is required for through insurers authorized or eligible to write policies in the State assignment by to a subsidiary or other affiliate, or in the event of of Florida transfer in a(i)transaction involving a change in control or(ii)sale L. Compliance with Laws. In fulfilling the terms of this or other disposition of all or substantially all of the assets,business Agreement, Company agrees that it will comply with all federal, or operations. state,and local laws,rules,codes,and ordinances that are applicable C. Subject to Section 11.B,this Agreement will be binding upon to the conduct of its business. By way of non-exhaustive example, and inure to the benefit of the parties, their successors and this shall include the American with Disabilities Act and all permitted assigns. prohibitions against discrimination on the basis of race,religion,sex creed,national origin, handicap, marital status, or veterans status. D. The section headings contained herein are for reference only and Further, Company acknowledges and without exception or shall not be considered substantive parts of this Agreement. stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq.and regulations relating thereto,as 12 orra ,t) October 26, 2015 New Business 7-d 16 of 17 either may be amended. Failure by the awarded firm(s)to comply with the laws referenced herein shall constitute a breach of the award agreement and Subscriber shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by Subscriber as a material and substantial breach of the contract arising from this Agreement. M. Force Majeure. Neither Subscriber nor Company shall be responsible for any delay or failure in performance resulting from any cause beyond their control,including,but without limitation to war,strikes,civil disturbances and acts of nature.When Company has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Agreement,Company shall immediately give notice thereof, including all relevant information with respects to what steps Company is taking to complete delivery of the goods and/or services to Subscriber. N. Annual Appropriations. Subscriber's performance and obligation to pay under this Agreement shall be contingent upon an annual appropriation of funds. O. This Agreement and the terms set forth on the Cover Page represent the entire agreement between Subscriber and Company with respect to the subject matter,superseding all previous oral or written communications, representations or agreements regarding such subject matter,including but not limited to any purchase order forms submitted by Subscriber(unless such purchase order is signed by Company),and Subscriber acknowledges that it has not relied on any representation that is not expressly set forth in this Agreement. This Agreement may be modified only by a writing signed by both parties. Any Order Form subject to these Terms and Conditions may be executed in counterparts,which together shall constitute a full and complete copy. Signatures on any such Order Form transmitted by facsimile or electronic mail shall be deemed original signatures and have the same effect as original signatures. 13 of 14 (;) October 26, 2015 New Business 7-d 17 of 17 IN WITNESS WHEREOF,the parties have executed this Agreement by their authorized representatives. For: Vocus Inc. Signature: Printed Name: Date: SUBSCRIBER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Joanne Markiewicz Procurement Services Director COMPANY FIRST WITNESS: By: Print Name COMPANY SECOND WITNESS: By: Print Name Approved as to Form and Legality: Assistant County Attorney 14 01 14 October 26, 2015 New Business 7-e 1 of 8 TDC EXECUTIVE SUMMARY Tourist Development Tax Quarterly Financial Review OBJECTIVE: Review revised tourist development tax fund balances for Q 4 FY 15. CONSIDERATIONS: The financial position of all funds that the Tourist Development Council (TDC) oversees is reviewed on a quarterly basis in accordance with County Ordinance 92-60. The attached spreadsheets outline the position of each of our funds for the 4th fiscal quarter of FY 15. The tourist tax funds are in balance. The FY 2015 1st quarter Budget to Actual Report presents the budget and actual activity recorded in the Collier County accounting records for October through December 2014. All expenditures are in line with the FY 15 budget. This report does not reflect the fiscal year closeout adjustments, but is an accurate report as prepared by the County Budget Office staff as of September 30, 2015. Most of the variances from the adopted budget amounts are due to those final adjustments not being made as yet. FISCAL IMPACT: This item is for review and comment with no financial impact. RECOMMENDATION: Staff requests the TDC review the Q 4 FY 15 Financial Report. 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H H I- �- oc z z ri a) " Lf1 U1 LI LI U1 Lf1 LI Lfl Lfl Lf1 in L(1 Lfl Ln Ln L11 Lf1 Lf1 Lf1 Lf1 0, III Ln Ln Lf1 L11 L)1 L11 C 01 01 01 01 (,-:r-1 a1 01 a1 a1 a1 a1 C,11) 01 01 01 01 01 01 a1 01 0, 01 01 01 01 c,3.4„, 01 01 01 N4.1 1/1 18 ,-I -4 e-1 c-I 1 ,-I ,-i ,-I ,-l ,"16n) r-1 -4 - r-1 ,-l a-l a--1 e-1 rl -4 -4 .-1 r-I c 1 ,-1 e-1 e1 r-1 r-1 C O 3 L N C LL' LL I- LL • October 26, 2015 New Business 7-f 1 of 38 TDC EXECUTIVE SUMMARY Review and discuss current allocations of the Collier County Tourist Development Council OBJECTIVE: Review and discuss the current TDT allocations CONSIDERATIONS: At the May 28, 2015 TDC meeting, there was discussion to review at a future meeting the current allocations of the tourist development tax (TDT). Staff has prepared several exhibits and other background information for further review and discussion. • Where We Started in 2003: o TDT Revenue Split • Beach Renourishment 66% • Marketing 16% • Museums 18% • 2003-2015 Progression o Graphs showing each year for TDT Revenue, #visitors,visitor spending and jobs • 2016 and Beyond o Projected Revenue and percentage Alternatives by Fund • Status Quo-No change in current allocations • Add 5th Percent of TDT and move Tourism Admin from the first 2%to the 5th%. Museum funding remains unchanged. • Background Information: o Collier County Tourist Development Tax Ordinance 2013-30 describing the current annual TDT uses and percentage allocations for Categories,A,B,C-1,C- 2 and D. o TDT Distributions Prior to and after adoption of Ordinance#2013-30 o TDT—Historical Collections 2005-2015 o TDT Revenue Growth 2012-2014 for competing Florida Counties • FS 125.0104—Authorized uses of each percentage of tax o PowerPoint slides describing uses of TDT percentages 1-6 o Comparison Chart of TDT Taxes describing eligible Counties,uses,methods of implementation • Comparative data from Florida Counties o Marketing Budgets, %of TDT for Marketing and lodging units,%of TDT implemented o TDT uses by county showing annual tax collections,percents to arts,marketing and administration,beaches and other uses • Destination Marketing results o April-June comparative statistics o Visitor Growth in comparative Florida destinations in commercial lodging, International,Domestic and Air Arrivals October 26, 2015 New Business 7-f 2 of 38 RECOMMENDATION: Review and discuss current allocations of the Collier County Tourist Development Tax and recommend any future action. SUBMITTED BY: Jack Wert, Tourism Director N N 45 N N I tg N 01 4* ILI ift �-1 N � 1 1 N W rl N O1 F § § § § a cs 9ck0£ d-L ssauisne MON 91.0Z '9Z iegopo P N 3 M N 1 4 8 0 N M 4 5 et N 4 - u, 4 '8 N lL p 8 O 4 M O p N O t72 g N {O_ _ N I--' .i 8 \- - N N M pp T 'I 4 i - N , 8 8 Z N CC 1 6"11 le / ev 0 rl 0 8 SQ N f�l I _ g MM 8 88 8 g 8 pQ $ 8 0 N �3 O t0 t N O W N a N 1 N PI NK l r 5 8£18 17 -L ssauisn8 M N 560Z '9Z aagopo i R. q. O N N N O 1 ~ I b N N - I n 1 , R 1 R I. R N 0 N k C xr A i Y g S N N 1. i 5 1 g Qa N 1 a I I O i 909 d-L sseuisne M N 91.0Z '9Z Jego3p0 4 m is M R 8 4 M M N M 8 e4 44 pN M N M g, * .4 § I go M ..-1 O M N d o O V M N N VI _ N CO .--1 en O N N 1 N N 2 N vi � � tal 8 C r i N e n O 1 M O _ N IN ID . N s M a` 8 I— _ rs 8 r_ § o p 8 N N M I to Z N F. N Q It, N _ N N N N M "I 8 N N e- g g g g N 1 O d O O O O 8 O § u g fm n N N .N-1 .�-1 If 8 N N 2 C 9£J 9 1-L ssauisne M N 91.0Z `9Z aegop0 1 z z s o N O I N LLI W m N S s 1 I s cc _ M W u s i 2 in w atla N N z a N 1 app N �I A ^ N `�' g N N Oa1 N z N 9e4O L I-L sseuisn8 M9N 9 60Z `9Z aegopp0 October 26, 2015 New Business 7-f 8 of 38 COWER COUNTY TOURIST DEVELOPMENT TAX HISTORY 1992-Adoption of Ordinance#92-60 after Voter Referendum establishing a 2%Tourist Development Tax(TDT) Category A-Beach Renourishment,improvements,inland pass maintenance 60% Category B- Advertising and Promotion 25% Local projects that promote tourism 15% 1995-Adoption of Ordinance#95-46 by Super Majority Vote of BCC Category A-Added 100%of the 3rd percent for Beach Renourishment,improvements,restoration and erosion control 1996-Adoption of Ordinance 96-54 adding Category C-By Super Majority Vote of BCC Category A- Beach Projects 60% Category B- Advertising,Promotion 25% Local projects 8% Category C-County owned/operated museums operations 7% 1997-Adoption of Ordinance 97-21 by Super Majority vote of BCC to add guidelines for Category A and to add Category D for Fishing Piers- Category A-Beach projects less fishing pier funding 60% Category B-Advertising,Promotion,events 33% Category C-County Museums 7% Category D-Publically owned fishing piers- Max$200,000 per FY October 26, 2015 New Business 7-f 9 of 38 1998-Adoption of Ordinance#98-95 by Super Majority Vote of the BCC to expand uses of Category C for non-county owned/operated museums Category A-Beach&Inlet projects 60% Category B-Advertising and Promotion and events 20% Category C-Museums C-1-County Museums operations 13% C-2 Non County museum grants 7% Category D-Fishing Piers Max$200,000 from Category A 1998-Adoption of Ordinance 98-111 by Super Majority vote of the BCC-Expanding use of the rd percent in CategoryA to include shoreline protection,enhancement,cleanup or restoration. No changes to allocations , 2001-Adoption of Ordinance#2001-31 by Super Majority vote of the BCC to reallocate uses of TDT Category A-Beach and inlet projects 50%of first 2%&100%of 3"'percent Category B-Advertising,promotion,events 23.236%of the first 2 percent Category C-Museums 26.764%of first 2%(C-1 19%;C-2 7.764%) Category D-Fishing Piers $200,000 maximum from Category A 2003-Adoption of Ordinance#2003-10—expanding Category B uses to Include Convention Bureaus Category A-Beaches,Inlets,and Beach Park Facilities 50%of first 2%tax&100%of 3rd percent Category B-Advertising,promotion,events,CVB 23.234%of first 2% Category C- 26.764%of first 2%(C71 19%;C-2 7.764%) Category D- $200,000 maximum from Category A October 26, 2015 New Business 7-f 10 of 38 2005-Adoption of Ordinance 2005-40 to add the 4th percent for advertising and promotion Category A-Beach,inlet and beach parks 50%of first 2%plus 100%of 3rd percent Category B-Advertising,promotion, research,events,CVB 23%of first 2%&100%of 4"`percent Category C-Museums 26.764% (C-119%C-2 7.764%) Category D-Fishing Piers- $200,000 max from Category A 2013-Adoption of Ordinance 2013-43 by Super Majority vote of the BCC- to reallocate TDT uses Category A-Beach,inlet and beach parks 32.584%of first 2%&100%of 3rd percent Category B-Advertising,promotion,events,CVB 43.438%of first two percent&100%of 4th% Category C-Museums 23.978%of first 2%(C-1 19.214%;C-2 4.764%) Category D- $200,000 max from Category A October 26, 2015 New Business 7-f 11 of 38 I mA ` N T 4 C C (-) N N w CO D D M 0 3 7-1 w n N ^_ n O 0 c o o O O c co cam, C 1 n c 0 r V fl r* in v+` -1 S O -w N Cy ,c w o o 3 3 o p w •T ,. g n a n O1 3 D D 0. c 3 m M < 3 c° T ° m 4 < a n 3 D n 'o v rat @ a/�.� m O .••' 3 O Q0 , N n M eM kr, 7 � O � O O ~ a ^ X Z n " c d° a 3 vn 0 G n O n O N N O 7 _ CD (ii 1 ti' N j Ol -' N - V> OA n n O S 61 p < to m N N N L 00 0 T • ;+ F+ N 1'+ 1-- to t+ w+ID C '. 0 CO� A A kr, W a 0 a .- 6" CD T n 71' 8FI) co '+ 7 yWW,a N Fpppp+ N U't O W O� �I 00 W R N O O O O '� C OD Q N * at ;e aR o` * N N N -I Ut x o Cr'-' ......• O Mo f0 y A ." 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O co CP lo W N 0 {D W V1 00 T O 0A0 V O 8 00 t0 l0 W N V 0 V October 26, 2015 MAY Y 0 3 ?913 rlinnstl ORDINANCE NO.2013- ;n AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60, AS AMENDED, ALSO CITED AS SECTION 126-83 OF THE COLL CR ,y COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIO1 1% TAX (3RD PERCENT), AND AN ADDITIONAL 1% TAX -, ; PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO tnt -- LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.E n• FLORIDA STATUTES, AS AMENDED; BY AMENDING SECT THREE, "USES OF TAX REVENUES," IN ORDER TO REALLOC CERTAIN TOURIST DEVELOPMENT TAX FUNDS AND ELIMIN N THOSE PROVISIONS THAT HAVE EXPIRED AND ARE OF lifo FURTHER FORCE AND EFFECT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option tourist development tax by any county; and WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted Ordinance No. 92-60, which levied and imposed a 2% tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes,as amended; and WHEREAS, through its adoption of Ordinance No. 95-56 and Ordinance No. 2005-43, the Board levied an additional 3`d and 4th percent tourist development tax;and WHEREAS, subsequent amendments to Ordinance No. 92-60, as amended, included Ordinance No. 2009-58, Ordinance No. 2010-44, and Ordinance No. 2012-08 which temporarily reallocated certain Tourist Development Tax funds; and WHEREAS, the time periods established for these temporary reallocations of Tourist Development Tax funds have expired;and WHEREAS, the Board, by an extraordinary vote, desires to amend the uses of tax revenue and the tourist development plan in order to redistribute certain Tourist Development Tar funds and eliminate expired provisions that are of no further force and effect;and WHEREAS, the proposed amendments were presented to and approved by the Collier County Tourist Development Council. Words Underlined are added;Words Sauck-Through are deleted. Page I of 7 October 26, 2015 New Business 7-f 13 of 38 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92-60, AS AMENDED. Section Three is hereby amended to read as follows: SECTION THREE- USES OF TAX REVENUES. (a) The tax revenues received pursuant to this division shall be used to fund the County Tourist Development Plan,which is hereby amended as follows: Tourist Development Plan The two percent tourist development tax was levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district includes the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent tourist development tax for all of Collier County over a 24-month period was$7,000,000.00, less costs of administration. The additional one percent tourist development tax (3rd percent) was levied throughout the county beginning the first day of January, 1996. A majority of the electors of Collier County voting in a straw referendum election approved the continuation of the additional one percent tourist development tax prior to June 30,2000, therefore the additional one percent tourist development tax shall continue until terminated by an amendment to this Ordinance. The tax district shall include the entire geographic area of Collier County,Florida. The additional tourist development tax (4th percent) shall be used to finance tourism promotion as provided herein. The tax district shall include the entire geographic area of Collier County, Florida. (1) The categories of use of the two percent, one percent (3rd percent) and additional one percent(4th percent)tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORYA To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach,shoreline or inland lake or river. Words Underlined are added;Words Sigh are deleted. Page 2 of 7 October 26, 2015 New Business 7-f 14 of 38 Percentage of Net Revenue 3A 32.584 percent of the two percent tax and 100 percent of the one percent tax (3rd percent), reduced by the amount required for Category D. CATEGORY B To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism to Collier County and to fund convention bureaus, tourist bureaus, tourist information centers and news bureaus as county agencies. If tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity,service, venue or event to tourists. Percentage of Net Revenue 237236 43.438 percent of the two percent tax and 100 percent of the additional one percent tax(4th percent) CATEGORY C To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned or operated museums or municipal owned museums that are owned and operated by not for profit organizations and open to the public. Percentage of Net Revenue 26.7764 23.978 percent of the two percent tax. Thin-amount two-percent-taxx; Sub-categories: C(1): County owned or operated museums: 2270 19,214 percent 'C(2): Municipal owned museums and museums owned and .operated by not for profit organizations open to the public: 4.764 percent CATEGORY D To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Words Underlined are added;Words Straok—Thfeugh are deleted. Page 3 of 7 October 26, 2015 New Business 7-f 15 of 38 Percentage of Net Revenue Amount budgeted for this category by the Board of County Commissioners each fiscal year, but not to exceed $200,000.00. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000.00. It is the intent of this division that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of net revenues collected. (2) The additional one percent tax revenues(3rd percent)collected pursuant to Section TWO (F) shall be used to finance beach park facilities, beach improvement, maintenance, renourishment, restoration and erosion control including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. (3) The additional one percent tax (4th percent) collected pursuant to Section TWO (G) shall be used entirely to finance tourism promotion including advertising, public relations, promotion, research and fulfillment. It is the intent of the Board of County Commissioners to maintain this new level of tourism promotion dollars in the future. .(4) The Disaster Recover Advertising Fund will the- 23.236% of the 2% tax to maintain a maximum level of million $500,000.00. Should the fund fall below $500,000.00, the fund shall be replenished au to a maximum of$500.000,00 Der fiscal year from the General Fund. • _ . . .., • _ _ . - . . _ : . . _ - ":" _ • _ • it the nte_t of the Words Underline('are added;Words Smolt Through are deleted. Page 4 of 7 October 26, 2015 New Business 7-f 16 of 38 (4-)(5) Administrative costs. a. Tourism promotion administrative costs (Fund 194) shall not exceed 32% of the total amount collected each fiscal year for Category "B" revenue. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 32%of the total Category"B"revenue. b. Project Management (Fund 185), Indirect Overhead, and Program Administration in support of Fund 195 (Beaches) and Fund 183 (Beach Park Facilities) shall not exceed 15% of Category "A" revenues. - -,. : ' ..• : _.. . • • . : -: • ' . - - . This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 15% of Category "A" revenues. ($3(6) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (6)u The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited,an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided herein. Words Underlined are added;Words Smelt-Through are deleted. Page 5 of 7 October 26, 2015 New Business 7-f 17 of 38 r. . . . 1,f .. .� a - .. . . . _. .. - . •- . _ . _ H-H L) The above and foregoing tourist development plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Words Underlined are added;Words Std are deleted. Page 6 of 7 October 26, 2015 New Business 7-f 18 of 38 SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County,Florida,this-z3�day of ()T.-A ,2013. t TTS '; BOA' P OF COUNT OMMISSIONERS ;''DWI JH 'E. BROCK,CLERK COL IE' t• Y FLORIDA By AftOsk as to ChaK yty Clerk I • G • A. HILLER,ESQ., • .. ;;!t:naRiira only. CHAIRWOMAN Approved as to form and legal sufficiency:0,4022UMAXX12-- olleen M. Greene Assistant County Attorney ssThis�Eordinance filed with the .vim ty Af Stato's„Orf e i s oyofj-'f and acknowledgemnenA_pi that filin received,bh OM day of dF// By OP Clerk Words Underlined are added;Words Struek-Through are deleted. Page 7 of 7 October 26, 2015 New Business 7-f 19 of 38 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013-30 which was adopted by the Board of County Commissioners on the 23rd day of April, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of April, 2013 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of . County Commissioners ti By: Teresa Cannon, ,o. �• y , .;1 !fir Deputy Clerk October 26, 2015 New Business 7-f 20 of 38 Sec. 126-83.-Uses of tax revenues. (a) The tax revenues received pursuant to this division shall be used to fund the County Tourist Development Plan, which is hereby amended as follows: Tourist Development Plan The two percent tourist development tax was levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district includes the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent tourist development tax for all of Collier County over a 24-month period was $7,000,000.00, less costs of administration. The additional one percent tourist development tax (3rd percent) was levied throughout the county beginning the first day of January, 1996. A majority of the electors of Collier County voting in a straw referendum election approved the continuation of the additional one percent tourist development tax prior to June 30, 2000, therefore the additional one percent tourist development tax shall continue until terminated by an amendment to this Ordinance.The tax district shall include the entire geographic area of Collier County, Florida. The additional tourist development tax (4th percent) shall be used to finance tourism promotion as provided herein.The tax district shall include the entire geographic area of Collier County, Florida. (1) The categories of use of the two percent, one percent (3rd percent) and additional one percent (4th percent) tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORY A: To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Percentage of Net Revenue 32.584 percent of the two percent tax and 100 percent of the one percent tax (3rd percent), reduced by the amount required for Category D. CATEGORY B: To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism to Collier County and to fund convention bureaus, tourist bureaus, tourist information centers and news bureaus as county agencies. If tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue or event to tourists. Percentage of Net Revenue 43.438 percent of the two percent tax and 100 percent of the additional one percent tax (4th percent) CATEGORY C: To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned or operated museums or municipal owned museums that are owned and operated by not for profit organizations and open to the public. Percentage of Net Revenue 23.978 percent of the two percent tax. Sub-categories: Page 1 October 26, 2015 • New Business 7-f 21 of 38 C(1): County owned or operated museums: 19.214 percent C(2): Municipal owned museums and museums owned and operated by not for profit organizations open to the public: 4.764 percent CATEGORY D: To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Percentage of Net Revenue Amount budgeted for this category by the Board of County Commissioners each fiscal year, but not to exceed $200,000.00. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed$200,000.00. It is the intent of this division that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of net revenues collected. (2) The additional one percent tax revenues (3rd percent) collected pursuant to Section 126-82(f) shall be used to finance beach park facilities, beach improvement, maintenance, renourishment, restoration and erosion control including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. (3) The additional one percent tax (4th percent) collected pursuant to Section 126-82(g) shall be used entirely to finance tourism promotion including advertising, public relations, promotion, research and fulfillment. It is the intent of the Board of County Commissioners to maintain this new level of tourism promotion dollars in the future. (4) The Disaster Recover Advertising Fund will maintain a maximum level of $500,000.00. Should the fund fall below$500,000.00, the fund shall be replenished up to a maximum of$500,000.00 per fiscal year from the General Fund. (5) Administrative costs. a. Tourism promotion administrative costs (Fund 194) shall not exceed 32% of the total amount collected each fiscal year for Category"B" revenue. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 32%of the total Category"B"revenue. b. Project Management (Fund 185), Indirect Overhead, and Program Administration in support of Fund 195(Beaches)and Fund 183(Beach Park Facilities)shall not exceed 15% of Category "A" revenues. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 15% of Category"A" revenues. (6) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of F.S. § 125.0104. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (7) The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance Page 2 October 26, 2015 New Business 7-f 22 of 38 improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided herein. (8) Notwithstanding anything to contrary herein, the Board of County Commissioners may reallocate funds between the above-defined Categories (A—D) with an affirmative vote of a majority plus one additional member of the Board of County Commissioners. (9) The above and foregoing tourist development plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. (Ord. No. 92-60, § 3; Ord. No. 95-46, § 2, 9-5-95; Ord. No. 95-56, § 2, 10-24-95; Ord.No. 96- 54, § 1, 9-10-96; Ord.No. 97-21, § 1, 5-20-97; Ord.No. 98-95, § 1; Ord. No. 98-111, § 1; Ord. No. 99-28, § 1, 4-27-99; Ord. No. 99-50, § 1, 6-22-99; Ord. No. 99-66, § 1, 9-14-99; Ord. No. 01-31, § 1, 6-12-01; Ord. No. 03-10, § 1, 2-25-03; Ord.No. 2005-18, § 1; Ord.No. 2005-43, § 2; Ord.No. 2009-58, § 1; Ord.No. 2010-44, § 1; Ord.No. 2011-02, § 1; Ord. No. 2012-08, § 1; Ord. 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S w 3. as I 1 October 26, 2015 New Business 7-f 30 of 38 COMPARATIVE ANALYSIS OF TOURISM DESTINATIONS 1$25,000,000 TDT Supported Marketing Budget Comparison $20,000,000 $15,000,000 ■Pinellas(St.Pete) rET • ■ ' ■Slee( Myers) $10,000,000 I ■Monroe(Keys) $5,000,000 „�, ■ •Collier(Naples/Marco) $o ' 1111 111 111 2011 2012 2013 2014 TDT Tax Levy Comparison 6% 5% 5% 5% 5% 5% 4% 4% 111 . . 111 ■Pinellas(St.Pete) ■Sarasota 3% . . . 111 II Lee(Ft.Myers) 2% is Monroe(Keys) 1% Collier(Naples/Marco) 0% TDT%Levy Hospitality Industry Rev PAR Comparison $250.00 $200.00 —— - •Pinellas(St.Pete) $150.00 •Sarasota a Lee(Ft.Myers) $100.00 •Monroe(Keys) $50.00 a Collier(Naples/Marco) $0.00 2011 2012 2013 2014(1) a) Z d c r2 `) 7 U O1 co N a) c> t0 C CO O a) co Eco •- U m c E y cotn O z Ta ca c co u) N V o) m o a)V poto CD CI Q U C - ca 0 al O Ooi .1C acLc - N 8 24 : X � ai E N yEC) ., t y a) t C — Q) 0. 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A O 43 U tr .0 t Z d 8 — C O L O O 0 to sO Q' N L o U) (0 o 0) o 0 0 0 0 0 I- �' 0 r co 0 'i` 0m- L) to 1, O C 0 cuaO R0 �' N .- min NM O Scc EEEEEEEEEE EE o 2 E N I� to NCD V. ,- to to CQ co c'7 o 'o coMVm V' V' aw0 Eft IL Q Eft UOER fi, 69 3- Nom' co E to b 3i0 0 0 Ne 0 0 0 0 00 0 0 C OCDCo t0OLf a) Z). 4 b OO U O p et � CCc7 � � tC) CflCOM co U a cn aid 06 z. m 0000 Eoo •5EE _ a) V 0O000C0OO'Ec• tt) N U CD _ OOCa too '-- chO rn d a a .- tp 3- N 69 M 6t b9 69 EA v 0 0 d9 EA 69tflN� CACP O GO 1-- I O 15 0 0 + o + 0 0 0 ;g)0o O 0Mca , p CO � Co NC U y C a O cn C o N Q 7o • • • • • • c o_ v O E E E E E E E E E E .-E E o8o ++ 0s 00t., CDCoMOr- NN U LO m 7 d C•i 'd CNIto CO r: pi 4 '� c0 't C C O � � CA y ca to 69 co� C d o < V co a) Y to to v ►o to to to v to to 0 as LI) m 0 0 0 mCx m 0 y c co a V 'a aa)) -v vUa d `•0 Ca o E U r O V C m c a) O C > .co 22 O \ C 'i1 40 N r6 O O O ssauw9 r�CO m � mm o0 Ua IFS.- ': OZ `9Zugo co > o -13 � E � �c - o 0 o to 3 l-- U < CD 0 °0. 0_ 0_ in ch °; 0° Ea : October 26, 2015 New Qus Business 7-f 33 m F53§ p Destination Marketing Measurements April-June 2015 Data Source:Research Data Services,Inc.2015 Media Marketing$$Spent Direct Visitor Expenditures(in Millions) $320,000 $160:0 $200.000 $374,601 57:5 s:, $141.0 $140.0 $122.7 $240A00 $203400 J $140457 3191 set $120.0 Stasi Mae 7 r S140.0 Sem Sioaoo $M7 Ws 5320,000 $60.0 500,000 540.0 $582,694 $666,550 $200 $320,192,000 $338,416,900 So 2014 2015 2014 2015 ■Apr a1Mq •■Jun -Apr *May %=Jun •Source:Paradise AdveMs g ••Source:Res4orch Dom Services,Mc Tourist Tax Revenue Return on investment(Apr-Jun.) $4.500a0o 5+.:,9.,179 $15004 �00D.00D X721„557 - 1 5121.12 5122.14 53.500.000 $125.00 q $32000,000 $100.04 $3,000.00 rs, $n.00 52a00.o0o .10',1.010 51.500.000 115 41c5 550.00 $L000`000 $2500 $500.000 $6,833,436 $17444,697 so Saco L— 2014 2015 20140 2011 ■Apr ■May CAM •New mkWatlonbmedon actuaImoth,spending •Seruwer:CdHr Tar Collector's Office–One Month log ••Source:Research Data Service;MG/vnrud„r AO..rt.„n, 1 October 26, 2015 New Business 7-f 10/21/ 3 33pm Lodging Occupancy Average Daily Lodging Rate 101% a31% 14.534 $300.00 5274.40 5760.60 10A% 73.4% aaas 73.1% 70.1% $070.00 700% 600% 5200.00 $1$4.10 5130.203112.10 5273.00 500% t 400% $150.00 30.0% 5103.00 20.0% 550.00 100% 00% Sam - 2014 2015 2014 2015 Apr 1 May .Jun --R Apr ■May -Jun •Source:Research Data Services,Inc. 'Source:Research Data Services,Inc Website Visitation 3,000 — 6000 2.500 e. j 331653■ 2,000 ._ __ -- ■ L44000 i1t."` 32,7 1,000s . J � 1�1 " �T - 30,000 20.030 500 .___...:_ __._ __._. ---.--.---- _. 10,000 0 _.. _. _. , _ __-_ - __...- - _-- 0 4/1 4/0 4/15 4/22 4/29 5/6 5/13 5/20 5/27 6/3 6/10 6/17 6/24 7/1 seas Monthly Unique Visitors 2014 MI Monthly Unique Visitors 2015 Daily Unique Visitors 2014 emmiDaily Unique Visitors 2015 •Source:Miles Partnership,Inc. Media Marketing Dollars vs.RevPAR $600,000 __ _._ - $350.00 i $500,000 - -/All i I, $300.00 E .CU a $250.00 in $400,000 an c � - $200.00 C r. 4 4 $300,000 f I $150.00 ce 4.0 $200,000 :- ", — - `` 3 —t 4 $100.00 1 $100,000 _ j : $50.00 5- I ' 1 $0.00 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ..I.,2014 Media Marketing$$Spent4;2015 Media Marketing$$Spent 2014 RevPAR ♦2015 RevPAR •Source:Research Data Services,Inc./Paradise Advertising Revenue Per Available Room(RevPAR)combines occupancy and ADR. It is calculated by multiplying ADR (average price per unit rented)times occupancy(ratio between units rented and units available to rent)- This Is the equivalent of dividing room revenue by total units available to be rented. Research Data Services,ix.2015 2 October 26, 2015 New Business 7-f 10/214Q :33pm Collier Direct Leisure and Hospitality Employment(Calendar Year)' 21900 �� _. ---_ 27,000 /I :: x 2015 24.000 — 012 FT i 239:0 21,000 24000 — — 14002 Mx fit. We. Oat MW do Jul. A 1w Oct. Nov. 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CONSIDERATIONS: The historically high tourist development tax collections over the past three fiscal years have provided an opportunity to enhance the uses of Fund 196. Traditionally the purpose of this fund has been to assist the Tourism Division in overcoming emergency situations such as Hurricanes, an economic recession and the Gulf Oil Spill with additional funds for destination advertising. As part of the BCC approved reallocation of the TDT allocations in 2013, the maximum amount set aside for these emergencies was reduced from$1,000, 000 to $500,000 and that$500,000 was transferred from Fund 196 to Fund 184 for destination marketing. A provision was also added in the Ordinance that if the balance in Fund 196 dropped below$500,000,the General Fund could be used to replenish Fund 196. During the FY 16 budget process, Staff worked with the Budget Office to include a transfer of some of the unallocated carry forward from Fund 184 to Fund 196. One of the goals was to return the emergency advertising line in Fund 196 back to the $1,500,000 level that was originally intended in Ordinance No. 2005-40. This amount could fund up to three emergency advertising situations in a single fiscal year. Additionally, the dependence on the General Fund to replenish amounts below $500,000 was eliminated. Tourism staff feels they would prefer to depend solely on TDT revenue to replenish the emergency advertising fund. Staff also added a new line item in Fund 196 entitled "Reserve for Capital Projects that Promote Tourism" in the amount of $1,764,200. The initial amount in this line is solely funded from the unallocated carry forward funds in Fund 184. In future fiscal years, additional funds would also come from unallocated funds in Fund 184 in an amount of up to 50%of those unallocated funds. Staff further suggested that the title of Fund 196 be changed to "Tourism Reserve Fund" to better reflect the expanded purpose of the use of that Fund. These changes in Fund 196 were a part of the BCC approved FY 16 budget for the Tourism Division. Staff would now like to begin the process to amend the tourist development tax ordinance to reflect these changes. The County Attorney has prepared a draft Ordinance Amendment to reflect the above changes. FISCAL IMPACT: Cost of advertising the ordinance amendment is approximately $400. There is no additional fiscal impact from this action other than to execute the intent of the changes made in the FY 16 budget for Fund 196. LEGAL CONSIDERATIONS: This item requires an amendment to the tourist development tax plan within the County's Tourist Development Tax Ordinance. Pursuant to Ord. No. 92-60, as amended, and Section 125.0104, Fla. Stat., a supermajority vote of the Board of County Commissioners is required. This item has been approved as to form and legality and requires a supermajority vote of the Board for approval. —CMG RECOMMENDATION: Recommend approval of an amendment to the Tourist Development Tax Ordinance to change the TDC Disaster Recovery-Fund 196 to clarify the title, uses of funds and to obtain direction from the BCC to proceed with the necessary advertising to amend the Ordinance with a finding that this action promotes tourism. SUBMITTED BY: Jack Wert, Tourism Director Attachments: Fund 196 FY 16 Budget Book Page;draft of Ordinance Amendment October 26, 2015 New Business 7-g 2 of 9 ORDINANCE NO. 2015 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60, AS AMENDED, ALSO CITED AS SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL 1% TAX (3RD PERCENT), AND AN ADDITIONAL 1% TAX (4TH PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, "USES OF TAX REVENUES," AS IT RELATES TO THE FUNDING LEVELS FOR THE TOURIST PROMOTION RESERVE FUND AND THE CAPITAL PROJECTS RESERVE FUND; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option tourist development tax by any county; and WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted Ordinance No. 92-60, which levied and imposed a 2% tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and WHEREAS, through its adoption of Ordinance No. 95-56 and Ordinance No. 2005-43, the Board levied an additional 3rd and 4th percent tourist development tax; and WHEREAS, the Board, by an extraordinary vote, desires to amend the uses of tax revenue and the tourist development plan in order to rename the Disaster Recover Advertising Fund to the Tourism Promotion Reserve Fund, establish the Capital Projects Reserve Fund, and establish the funding levels for each fund; and WHEREAS, the proposed amendments were presented to and approved by the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92-60, AS AMENDED. October 26, 2015 New Business 7-g 3 of 9 Section Three is hereby amended to read as follows: SECTION THREE -USES OF TAX REVENUES. (a) The tax revenues received pursuant to this division shall be used to fund the County Tourist Development Plan, which is hereby amended as follows: Tourist Development Plan The two percent tourist development tax was levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district includes the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent tourist development tax for all of Collier County over a 24-month period was $7,000,000.00, less costs of administration. The additional one percent tourist development tax (3rd percent) was levied throughout the county beginning the first day of January, 1996. A majority of the electors of Collier County voting in a straw referendum election approved the continuation of the additional one percent tourist development tax prior to June 30, 2000, therefore the additional one percent tourist development tax shall continue until terminated by an amendment to this Ordinance. The tax district shall include the entire geographic area of Collier County, Florida. The additional tourist development tax (4th percent) shall be used to finance tourism promotion as provided herein. The tax district shall include the entire geographic area of Collier County, Florida. (1) The categories of use of the two percent, one percent (3rd percent) and additional one percent(4th percent) tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORYA To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Percentage of Net Revenue 32.584 percent of the two percent tax and 100 percent of the one percent tax (3rd percent), reduced by the amount required for Category D. CATEGORYB To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism October 26, 2015 New Business 7-g 4 of 9 to Collier County and to fund convention bureaus, tourist bureaus, tourist information centers and news bureaus as county agencies. If tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue or event to tourists. Percentage of Net Revenue 43.438 percent of the two percent tax and 100 percent of the additional one percent tax (4th percent) CATEGORY C To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned or operated museums or municipal owned museums that are owned and operated by not for profit organizations and open to the public. Percentage of Net Revenue 23.978 percent of the two percent tax. Sub-categories: C(1): County owned or operated museums: 19.214 percent C(2): Municipal owned museums and museums owned and operated by not for profit organizations open to the public: 4.764 percent CATEGORYD To acquire, construct, extend, enlarge, remodel, repair, improve, maintain,'operate or promote one or more fishing piers which are publicly owned and operated. Percentage of Net Revenue Amount budgeted for this category by the Board of County Commissioners each fiscal year, but not to exceed $200,000.00. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000.00. It is the intent of this division that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of net revenues collected. October 26, 2015 New Business 7-g 5of9 (2) The additional one percent tax revenues (3rd percent) collected pursuant to Section TWO (F) shall be used to finance beach park facilities, beach improvement, maintenance, renourishment, restoration and erosion control including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. (3) The additional one percent tax (4th percent) collected pursuant to Section TWO (G) shall be used entirely to finance tourism promotion including advertising, public relations, promotion, research and fulfillment. It is the intent of the Board of County Commissioners to maintain this new level of tourism promotion dollars in the future. (4) The Disaster Recover Advertising Fund Tourism Promotion Reserve Fund will maintain a maximum level of $1.5 million for emergency advertising funded entirely from Category B. Should the fund fall below $500,000.00, the fund shall be replenished up to a maximum of$500,000.00 per fiscal year from the General Fund. (5) A Capital Projects Reserve shall be established in the Tourism Promotion Reserve Fund for future capital projects that promote tourism in compliance with Section 125.0104, Fla. Stat. The funding shall be accomplished through a transfer at the end of each fiscal year of up to 50% of the unallocated carry forward in Fund 184 to Fund 196. (5)(6) Administrative costs. a. Tourism promotion administrative costs (Fund 194) shall not exceed 32% of the total amount collected each fiscal year for Category "B" revenue. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 32% of the total Category`B" revenue. b. Project Management (Fund 185), Indirect Overhead, and Program Administration in support of Fund 195 (Beaches) and Fund 183 (Beach Park Facilities) shall not exceed 15% of Category "A" revenues. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 15% of Category"A"revenues. (6)(7) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding October 26, 2015 New Business 7-g 6 of 9 bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (7)(8) The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided herein. (8)(9) Notwithstanding anything to contrary herein, the Board of County Commissioner may reallocate funds between the above defined Categories (A-D) with an affirmative vote of a majority plus one additional member of the Board of County Commissioners. (9)(10) The above and foregoing tourist development plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. October 26, 2015 New Business 7-g 7 of 9 SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TIM NANCE, CHAIRMAN Approved as to form and legality: Colleen M. Greene Assistant County Attorney October 26, 2015 New Business 7-g 8 of 9 Collier County Govyynune:nt Fiscal Y•_nr 2016 Arnenrirori Tont,tn,,. Buritiet Office of the County Manager Tourist Development Council (TDC) Division TDC Disaster Recovery- Fund(196) Mission Statement To provide funding for emergency promotional campaigns or other efforts designed to assist economic recovery of the tourism industry in the event of natural or economic disaster. FY2016 FY2016 FY2016 FY2016 Program Summary Total FTE Budget Revenues Net Cost Post Disaster Stimulus Reserves&Transfers - 1,512,100 1,512,100 - Funds maintained in reserve for stimulus advertising to be used in wake of a disaster. Reserve for Capital Projects that Promote Tourism - 2,696,700 2,696,700 - Promotion funding reserved for investment in capital improvement projects that promote tourism. Current Level of Service Budget - 4,208,800 4,208,800 - FY2014 FY2015 FY2015 FY2016 FY2016 FY2016 FY2016 Program Budgetary Cost Summary Actual Adopted Forecast Current Expanded ',ended Tentatl Change Indirect Cost Reimburs 2,100 2,600 2.600 100 - 100 (962%) Net Operating Budget 2,100 2,600 2,600 100 - 100 (96.2%) Trans to 184 TDC Promo 95,800 3,300 3,300 12,000 - 12,000 263.6% Reserves for Capital - 500,000 - 2,696,700 - 2,698,700 439.3% Restricted for Unfunded Requests - `/ 268,100 - 1,500,000 - 1,500,000 459.5% Total Budget 97,900 774,000 5,900 4,208,800 - 4,208,800 443.8% FY 2014 FY2015 FY2015 FY2016 FY2016 FY2016 FY2016 Program Funding Sources Actual Adopted Forecast Current Expanded mended Tentati Change InterestiMisc 4,247 3,300 3,300 12,000 - 12,000 263.8% Trans fm 184 TDC Promo - - - 3,432,500 - 3,432,500 na Carry Forward 865,500 770,900 767,600 785,000 - 765,000 (0.8%) Less 5%Required By Law - (200) - (700) - (700) 250.0% Total Funding 869,747 774,000 770,900 4,208,800 - 4,208,800 443.8% Notes: Reserves within this fund are available to provide funding for emergency promotional campaigns or other efforts to promptly respond to any disaster-natural or economic-which adversely impact tourism in Collier County. Pursuant to Ordinance 2005-43,Tourism Disaster Recovery Fund(196)received$500,000 per year as a transfer from Tourism Administration and Overhead Fund(194) beginning in FY 06 and this transfer amount(or some lesser amount)continued for three(3)years until reserves in Fund(196) reached$1,500,000. Reserves reached$1,500,000 at fiscal year ending 2008.With passage of Ordinance 2011-02,the required fund balance ceiling within the disaster recovery fund was dropped to$1,000,000. Consistent with Ordinance changes approved on April 23,2013,the required balance in the Disaster Recovery Fund(196)was reduced to$500,000 with the County General Fund(001) becoming responsible for maintaining the balance in the future. Expenditure History:In March 2005,the Board of County Commissioners approved-based on an emergency designation-the expenditure of up to an additional$500,000 for use in promoting Collier County as a tourist destination in the wake of four(4) hurricanes during the 2004.Similarly,the BCC during FY 09 approved an emergency advertising stimulus package responding to the economic recession and its negative effects upon tourism travel and leisure spending.The use of emergency advertising dollars totaling$1,066,000 continued in FY 10 under Board authorization recognizing the global economic slowdown. In FY 11,$500,000 of emergency reserves was once again dedicated to marketing the destination in anticipation of building tourism visitation in the wake of a stagnate economy. These funds were designated to promote the Group Meeting Market. Fiscal Year 2016 7 Office of the County Manager October 26, 2015 New Business 7-g 9 of 9 C( Hit County Govornni,,lot f Year 2016 AnicndF�d T��ntt�tivc Budyet Office of the County Manager Tourist Development Council (TDC) Division TDC Disaster Recovery- Fund (196) Historically high Tourist Tax collections permit returning the post disaster stimulus reserve to the intended level of$1,500,000. Additionally,a new reserve has been established to assist in funding future capital projects that promote tourism. Funding is sourced from Tourism Promotion Fund(184)in FY 16 and is planned to continue for the future capital projects line in future fiscal years. In accordance with the way this fund is being used it is proposed that the Fund's name be changed to Tourism Promotion Reserve Fund (196). Forecast FY 2015: Forecast expenditures are consistent with the adopted budget Current FY 2016: FY 15 fund balance carried forward into FY 15 was$767,600. The reserve for disaster stimulus advertising has been established at the intended level of$1,500,000 which should be sufficient to cover three emergency situations in a Fiscal Year. Additionally,a new reserve has been established to assist in funding capital projects that promote tourism. The initial amount is$2,696,700 and is sourced from Tourism Promotion Fund(184). Fiscal Year 2016 8 Office of the County Manager October 26, 2015 New Business 7-h 1 of 9 EXECUTIVE SUMMARY Recommendation to approve an out-of-cycle Collier County Tourist Development Council Category"A"grant application for Beach Park Facilities in the amount of$7,200 from the State of Florida State Parks to provide mobile toll booths in order to expedite traffic into Delnor-Wiggins State Park and to make the finding that the project promotes tourism. OBJECTIVE: To obtain Collier County Tourist Development Council grant funding for purchasing of mobile toll booths to assist Delnor-Wiggins State Park to expedite guests entering the park during high traffic times. CONSIDERATIONS: For many years, the intersection of Gulf Shore Drive and Bluebill Avenue has been congested during the height of tourist season, i.e., January thru May. During these times during the hours of 9AM and 11AM, the intersection becomes clogged due to traffic into Delnor-Wiggins State Park. Recent construction of a circle driveway and bathroom facility by Collier County Government have improved conditions; however, during these peak times, entering the Park has caused traffic to stack from the entrance to the State Park on Bluebill past the bridge that connects from Connor Park to Delnor Wiggins State Park. Recently, a workgroup was established by the Collier County Deputy County Manager to address this issue. The Collier County Sheriff's Office, Florida Wildlife Commission, Florida State Park personnel, County Transportation staff and County Parks and Recreation staff met to conceptualize solutions to this issue. The workgroup has determined that there is traffic safety issues created on Bluebill Bridge by patrons attempting to enter Delnor-Wiggins State Park when the Park opens and after the Park reaches capacity. This proposal seeks to address the problem of patrons entering the Park at opening and the workgroup will continue to work on when the Park reaches capacity. The work group is recommending an idea proposed by the State Park staff to purchase two (2) Mobile Toll Booths that would be placed at the northern end of the median where the current ranger station currently sits to allow two lanes of queuing space (see application). This will result in an increased queuing space of 16 additional vehicles. These booths would be manned by park staff during the morning "rush"to get vehicles into the park faster. The State Park would also open the park a half-hour to an hour earlier than currently but no earlier than sunrise. FISCAL IMPACT: Funds in the amount of$7,200 are available for appropriation in TDC Beach Park Facilities Fund(183) Project#80143. A budget amendment will be required moving funds from reserves into a project budget established for the Naples Pier Restroom project. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG October 26, 2015 New Business 7-h 2 of 9 ADVISORY BOARD RECOMMENDATION: The Parks and Recreation Advisory Board (PARAB) will vote on this recommendation on October 21, 2015 after this item has been sent to Tourist Development Council (TDC) as part of their October 26, 2015 packet. PARAB's recommendation will be placed on the record at the October 26,2015 TDC meeting. RECOMMENDATION: That the Collier County Tourist Development Council approve the out-of- cycle Category "A" grant application in the amount of$7,200 for the purchase of(2) mobile toll booths and make a finding that the expenditure promotes tourism. Prepared by: Barry Williams,Director, Collier County Parks and Recreation Attachments 1)TDC Category"A"grant application for Beach Park Facilities; October 26, 2015 New Business 7-h 3 of 9 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY"A"GRANT APPLICATION Beach Renourishment and Pass Maintenance _Mobile Toll Booths(2) (Project Title) 1. Name and Address of Project Sponsor Organization: Delnor-Wiggins Pass State Park 11135 Gulfshore Dr. Naples, Fl. 34108 2. Contact Person,Title and Phone Number: Name:_Robert M. Steiger Address: 11135 Gulfshore Dr. City_Naples ST FL._ZIP 34108 Phone: 239-597-6196 FAX:_239-597-8223 Other: 3. Organization's Chief Official and Title: Valinda Subic, Chief—Bureau of Parks, District 4 4. Details of Project- Description and Location: Delnor-Wiggins Pass State Park, 11135 Gulfshore Dr., Naples, Florida 34108 entrance road by existing Ranger Station For many years, the intersection of Gulfshore Drive and Bluebill Avenue has been congested during the height of tourist season, i.e., January thru May. During these times during the hours of 10AM and 2PM, the intersection becomes clogged due to traffic into Delnor Wiggins State Park. Recent construction of a circle driveway and bathroom facility by Collier County Government have improved conditions; however, during these peak times, entering the Park has caused traffic to stack from the entrance to the State Park on Bluebill Ave.past the bridge that connects from Connor Park to Delnor Wiggins Pass State Park(see Google Earth image below) October 26, 2015 New Business 7-h 4 of 9 , - Alblilk .• . ' . a 1. ' .1.....L ,4t t - .., —;--111Mr--— ,�-.-V' ":`'s► I 1,_ _ _ fele 71_ :r' _ _. i Recently, a workgroup was established by the Collier County Deputy County Manager to address this issue. The Collier County Sheriff's Office, State Park personnel, County Transportation staff and County Parks and Recreation staff met to conceptualize solutions to this issue. Ideas that were created from this workgroup included: Traffic Safety issue created on Bluebill bridge by patrons attempting to enter Wiggins State Park at Park opening and after Park reaches capacity. This proposal seeks to address the problem of patrons entering the Park at opening and the workgroup will continue to work on when the Park reaches capacity. Utilizing two(2) Mobile Toll Booths that would be placed at the northern end of the median where the current ranger station currently sits to allow two lanes of queuing space. This would potentially result in an increased queuing space of 16 additional vehicles. These booths would be manned by park staff during the morning"rush"to get vehicles into the park faster. The State Park would open the park a half hour to an hour earlier than currently but no earlier than sunrise. Construction of 2 mobile toll booths.These toll booths will be 4'x6'on the same size trailer with 2 windows a door, electric outlets inside for a cash register and 6,000 Btu air- conditioner. These toll booths will be part of a project to increase speed at which we will service visitors entering Delnor Wiggins Pass State Park. They will be moved behind the existing Ranger Station approximately 175' into the Park to allow for more vehicles to get off of Bluebill Avenue and into the park. This will increase visitor accessibility to the Park and be used during its peak visitation days during Tourist Season and busy weekends and holidays. October 26, 2015 New Business 7-h 5 of 9 Delnor-Wiggins Pass State Park is a tourist destination in Collier County, Florida. We support the county's tourism in many ways. We have been listed in Dr. Beach 10 best beaches in the United States three times and 2 times in last couple years. Our visitation in FY 13/14 was 566,947 helping to produce an economic value to Collier County of $42,613,602.00. This helped produce a collection of sales tax worth $2,934,142.00 and helped support the creation of 597 jobs. 5. Estimated project start date: December 1,2015 6. Estimated project duration: 4 to 8 weeks 7. Total TDC Tax Funds Requested: $ 7,200.00 8. If the full amount requested cannot be awarded,can the program/project be restructured to accommodate a smaller award? Yes( ) No(a) October 26, 2015 New Business 7-h 6 of 9 Collier County Tourist Development Council Category"A" Grant Application Page 2 Mobile Toll Booths (2) (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $_7,200.00 City/Taxing District Share $ 0 State of Florida Share $ 0 Federal Share $ 0 TOTAL $ 7,200.00_ PROJECT EXPENSES: (Engineering,Mobilization, Contractor,Monitoring etc) 2 booths 4'x6' $_3400.00 2 trailers 4'x6' $_3000.00 2: 6k Btu air conditioners $ 400.00 20 traffic cones $ 400.00 TOTAL $ 7,200.00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. IC 7 f /J Signature of Sponsor Organization's Chief Official g ate October 26, 2015 New Business 7-h 7 of 9 EXHIBIT A Option#1 Maximize current operation by adding Annual Pass lane. Open the park one half hour to 1 hour earlier. No earlier than sunrise so visitors can see where they are going.That should help alleviate any back up outside of the front gate occurring currently by 8:00am. Remove wooden barrier posts.Put up cones instead(traffic cones for trial). Remove current parking on east side of entry lane north of Ranger Station and turn that into an Annual Pass/cash only lane with signage and temporary traffic cones to show lanes. Extra OPS would staff 2 mobile toll booths.One additional staff would be posted at the point where the one lane splits into 2 to tell drivers which lane to move to and help reduce confusion due to changes taking place.The 2 lanes will create a queuing area for approximately 16+vehicles.The regular lane would be for cash/credit cards and motor homes,boats and trailers,regular vehicles.The second lane to the east would be for annual passes/cash and cars,pickup trucks/and vans only to move them through quickly. The toll booths will be situated near the end of the existing island.(North approximately 175 feet north from where the one lane splits into 2). See diagram. There will need to be 2: 4'x4'signs made.One on the left lane that says,"Credit Cards or Cash,Boats&Trailers,Large trucks,regular vehicles".The right lane will say,"Annual Pass or Cash,regular vehicles&Pick up trucks". The Ranger Station door used for regular business will be closed and covered with the hurricane roll down.A sign stating to"proceed to the toll booth"will be mounted here. If annual passes want to be renewed ask them to purchase upon exiting or make a U- turn at the end of the island and park in the exit parking area on the west side of the Ranger Station. The goal to get early morning traffic into the park so it can reach capacity quicker and help eliminate the backup of vehicles trying to enter the park all at once.Once capacity is reached then it is back to normal operation.C.C.S.O.will turn traffic outside of gate on the intersection of Bluebill and Gulfshore Dr.until approximately 10%of the parking spaces are empty to allow more to enter. Since no permanent toll booth would be allowed per county review,a small mobile air conditioned toll booth set up for a cash register and credit card machine would suffice. October 26, 2015 New Business 7-h 8 of 9 a , --— _, __ _ rf \ .- , 1 : ham. b LO -C 0) o r"- 4,5 C\I u) 0) a) (0 0 (NI C L._ Fi) a) = _C2 co r) 0 '1) \ \ \ / i \, \ or \ \ V --.... , \ k t , v , , ' .. . .... 4K 2 I 4.- , ,,.... \ uei aurl S'\\‘\ çin \ \ \ ' \ \ et"\ V.,1.'7".0%-, \ , .el, ,.\\\ „ 8 / .m..0,, $. .\\ \ \ \ \ 111 ...---- 0- * \ ... , „ \ -lt \ eV \ \ i. \ .... \ , 4,,, . ,i, \ . \ \ \ "),\ \ ...., \ G \\ \ , - \ ' ..* ' \ '''.\ \*.'' \ 1 , ,,e \ ,.. co„.\\ \ „... .„ , ..,. \ , -,, 'I 1\ •k \\\\\ t - 4 , • *..,'. •!0-\ . \ k 0 \4 \ \ \ \ • \ ' k \ . \ \ * • t,, 1 , \ II \ . \ - 41 • # \ \ \ 1 \ , . \ \\ N 4.4 \.• . ,., X,.. -.. \ , , • \*., \ N , October 26, 2015 New Business 7-i 1 of 4 EXECUTIVE SUMMARY Recommendation to award a work order using Contract Number 13-6164 to Q Grady Minor & Associates, P.A. for the Clam Pass Park parking modifications and make a finding that this expenditure promotes tourism. OBJECTIVE: To maximize parking, provide adequate turning radii for a CAT bus service drop off, and improve water quality. CONSIDERATION: The Board of County Commissioners approved the scope of work associated with Clam Pass Park on September 8, 2015 (Item 11D). A portion of this scope of work was to resurface the parking lot and include improvements for water quality at this location. Previously the scope of work was approved both by the Tourist Development Council on July 7, 2015 and the Parks and Recreation Advisory Board on June 17, 2015. FISCAL IMPACT: Funding in the amount of $54,584.00 from Tourist Development revenues is available and appropriated for this Project No. 88043 within the Parks and Recreation Beach Park Facilities Capital Fund 183 (TDC Beach Parking Facilities). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG RECOMMENDATION: That the Tourist Development Council recommends award of the proposed work order using Contract Number 13-6164 to Q Grady Minor and Associates, P.A. for the Clam Pass parking modifications, Project No. 88043, in the amount of $54,584.00, and makes a finding that the project expenditure promotes tourism. Prepared by: Margaret A. Bishop, P.E., Senior Project Manager, Facilities Management Department Attachment: Scope of Services October 26, 2015 igg New Business 7-i GradyMinor 2 of 4 Civil Engineers • Land Surveyors • Planners • Landscape Architects September 21,2015 Ms. Margaret Bishop,P.E. Collier County Facilities Management 3335 Tamiami Trail East, Suite 101 Naples,FL 34112-5356 RE: Proposal for Professional Services Clam Pass Park Parking Modifications Dear Ms. Bishop: Q. Grady Minor&Associates, P.A. is pleased to provide this proposal for Professional services for the proposed parking lot modifications at Clam Pass Park. We shall modify the paving and striping to maximize parking and to provide adequate turning radii for a CAT bus service drop off. In so designing, we shall update the required landscape islands to meet current code. In addition, alternatives for water quality enhancements including spreader swales, inlet traps, stormceptor systems, littoral plantings and similar will be reviewed for incorporation into the design with final enhancement techniques used that can most effectively increase water quality. The proposed parking changes will require permitting through Collier County as a Site Development Plan Amendment and with SFWMD for stormwater management. We propose the following tasks for the project. Initial Design Tasks: Task No. 1 --Concept Plan Update concept plan based on existing survey data. Incorporate and evaluate additional water quality treatment options. This plan will be reviewed by County Parks/Facilities staff. Task No.2—Engineering Survey Review existing topographic survey of the site and determine additional survey needs based on approved concept plan. Survey additional features. Task No.3—Pre-Application Meeting Prepare for and attend Collier County Growth Management Department SDPA pre-application meeting. Q. Grady Minor&Associates, P.A. Ph. 239-947-1144 • Fx: 239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 • LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com October 26, 2015 New Business 7-i Ms.Margaret Bishop 3 of 4 Re: Clam Pass Park Parking Modifications September 21,2015 Page 2 Task No.4—Civil Base Plan Design Utilizing comments from pre-application meeting, prepare base engineering plan of the proposed facility from the concept plan. This will become the Base Plan utilized for permitting. Task No. 5—Civil Design Utilizing Base Plan,prepare design of the proposed facility. Prepare Design and Permit Plans of the proposed facilities based upon the approved pre-submittal Design. These plans will be used for submittal to the permitting agencies. We will prepare engineer's opinion of cost. Permitting Tasks: Task No.6—SFWMD Permitting Prepare plans and supporting data/reports and submit to SFWMD for the permit modification. Submit application and follow up for approval. Task No. 7 — Collier County SDPA Permitting — Prepare and submit SDPA depicting parking configuration and water quality and drainage improvements. Client and Meeting Tasks: Task No. 8—Client and Informational Meetings—Prepare for and attend informational meetings and/or approval meetings (e.g., Pelican Bay Foundation). Prepare additional exhibits for public meetings including color and non-engineering exhibits. Post-Permitting Tasks: Task No. 9—Bidding Assistance—Assist Collier County in bidding of the proposed project. We will provide documents (hard copy and e-copy)to Collier County Purchasing. We will respond to Bidders questions through written Addenda (Purchasing to distribute Addenda), review bids and issue Recommendation of award. Task No. 10—Construction Contract Administration Assistance—We will assist Collier County during construction. We will attend the Pre-Construction meeting; review and approve Shop Drawings and other submittals; review and approve Contractor's Applications for payment; attend substantial completion walk through. We will prepare Record Drawings based upon Contractor mark-ups, visual observation of construction and their Record Survey; and provide close out of Construction Permits. We assume a 90/120 day substantial/final construction period with six(6)hrs per week on average of observation. We have not included any resident or full time inspection, special threshold inspection or testing in these services. G:\AdminMarketing\PROPOSAL\C\Collier County Facilities Mgmt\MB50918 Clam Pass Park Mods.doc October 26, 2015 New Business 7-i Ms.Margaret Bishop 4 of 4 Re: Clam Pass Park Parking Modifications September 21,2015 Page 3 We propose compensation for these services as follows: TASK BUDGET FEE TYPE 1. Concept Plan $3,025.00 Lump Sum 2. Engineering Survey $2,587.00 Time&Material 3. Pre-application Meeting $408.00 Lump Sum 4. Civil Base Plan $7,800.00 Lump Sum 5. Design $9,062.00 Time&Material 6. SFWMD Permitting $5,494.00 Time&Material 7. SDPA Permitting $10,560.00 Time&Material 8. Public Meetings $1,508.00 Time&Material 9. Bidding $2,756.00 Time&Material 10. Construction Administration $10,584.00 Time&Material Reimbursables: $800.00 With Back-up TOTAL $54,584.00 This Proposal is subject to the Standard Provisions of the Collier County Fixed Term Engineering Service Contract(FT13-6164). Any services requested beyond the scope of this Proposal will be performed for a fee negotiated when the scope of additional services is known or at the approved Collier County Fixed Term Contract(#13-6164)hourly rate schedule. Invoices will be issued monthly,payable per the applicable Collier County Purchasing Policy. Any government imposed sales taxes or fees shall be added to our fees for services under this Proposal. Very truly yours, Michael J. Delate,P.E. Sr. Vice President MWM:cjd G:WdminMarketing\PROPOSAL\C\Collier County Facilities Mgmt\MB50918 Clam Pass Park Mods.doc October 26, 2015 New Business 7-j 1 of 93 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid No. 15-6510 to Custom Built Marine Construction, Inc.,for the"Clam Pass Boardwalk Repair,"approve expenditure of$1,000 county permitting fees, authorize the Chairman to execute the contract, and make a finding that this expenditure promotes tourism. OBJECTIVE: To repair the substructure of the tramway at Clam Pass Park to provide the public an opportunity to enjoy the benefits of this unique habitat. CONSIDERATION: On January 26, 2015, the Tourist Development Council (TDC) approved a work order to Coastal Engineering Consultants, Inc. for the inspection of the Clam Pass Park Boardwalk. On July 29, 2015 the TDC approved commencing with the construction phase of the Clam Pass Park Boardwalk Repair. On August 14, 2015, the Purchasing Department sent 1,942 notices to vendors which included the County's Invitation to Bid No. 15-6510, for construction of the Clam Pass Boardwalk Repair: 70 bid packages were downloaded, and 5 bids were received on September 16, 2015, as shown below and on the attached Bid Tabulation. Staff reviewed the unit pricing on the Bid Tab and is recommending the contract award go to Custom Built Marine Construction,Inc.,the lowest,qualified responsive bidder. Contractor Base Bid Bid Alternate 2 Total Bid 1 Custom Built Marine Construction,Inc. $490,290.00 $43,602.00 $533,892.00 2 Wright Construction Group, Inc. $547,924.49 $37,813.34 $585,737.83 3 V&H Construction,Inc. $555,110.00 $27,520.00 $582,630.00 4 Earth Tech Enterprises,Inc. $575,050.00 $64,500.00 $639,550.00 5 Kelly Brothers,Inc. $687,211.00 $43,000.00 $730,211.00 FISCAL IMPACT: Funds in the amount of$533,892.00 plus $1,000.00 in permitting fees from TDC revenues is available and appropriated for this Project No. 88040 (Clam Pass Boardwalk Repair) within the Parks and Recreation Beach Park Facilities Capital Fund 183 (TDC Beach Park Facilities). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. ADVISORY BOARD RECOMMENDATION: The TDC approved the Clam Pass Boardwalk Repair on July 29,2015 with a 6-0 vote. LEGAL CONSIDERATIONS: This item will be reviewed for legal sufficiency. RECOMMENDATION: The TDC recommends award of Bid No. 15-6510 to Custom Built Marine Construction, Inc., for the Clam Pass Boardwalk Repair, Project No. 88040, in the amount of $533,892.00, plus $1,000.00 for county permit fees for a total of$534,892.00; makes a finding that this project expenditure promotes tourism; and authorizes the Chairman to execute the attached Contract after final review by the County Attorney's Office. Prepared by: Margaret A. Bishop,P.E., Senior Project Manager,Facilities Management Division October 26, 2015 New Business 7-j 2 of 93 Attachments: Bid Tabulation • October 26, 2015 New Business 7-j 3 of 93 _ Custom 8,95 Miles Construction.Me., Wright Construction Group.Inc. V IN Combustion,tie. Earth Toth Enterprises.Inc. Kelly Bretton.Me. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT Each PRICE PRICE PRICE PRICE PRICE 1 Mobilization/Demobilization LS $ 30,000.00 $ 30,000.00 $ 30,320.61 $ 30320.61 $ 80,000.00 $ 80,000.00 $ 30,000.00 $ 30,000.00 $ 24,000.00 $ 24,000.00 2 Pile Replacement(Moderate 25 $ 3,500.00 9 $7,600.00 $ 5,758.64 $ 143,966.00 E 4,700.00 $ 117,500.00 $ 5,500.00 $ 137,500.00 $ 6,600.00 E 137,500.00 to Severe) 3 Pile Treatment 8 Wrap(Light 228 $ 510.00 $ 118,280.00 S 444.76 $ 101,405.28 $ 340.00 5 77,520.00 $ 750.00 $ 171,000.00 $ 800.00 $ 152,400,00 to Moderate) 4 Stringer Replacement 37 $ 870.00 $ 35,880.00 $ 2,806.30 $ 103,833.10 $ 1,700.00 $ 62,900.00 $ 1,750.00 $ 71,750.00 $ 2,283.00 $ 81,511.00 5 Stringer Tie Replacement 13 $ 200.00 $ 2,800.00 $ 612.76 $ ],965.]5 $ 550.00 0 7,150.00 E 475.00 $ 6,175.00 $ 100.00 $ 1,300.00 6 Hand Rails and Posts 7 E 000.00 $ 3,650.00 5 1,815.33 $ 12,707.31 $ 3,000.00 $ 21,000.00 $ 625.00 0 4,375.00 S 700.00 $ 2.100.00 7 Utility Supports 6 $ 200.00 $ 1.200.00 0 796.58 $ 4.779.48 $ 400.00 8 2,400.00 $ 375.00 $ 2,250.00 $ 300.00 E 1,800.00 8 Pile Wrap 8 $ 30.00 $ 240.00 $ 94.83 $ 759,64 $ 330.00 $ 2,840.00 $ 625.00 $ 5,000.00 $ 200.00 $ 1.800.00 9 Hardware Replace LS E 124.330.00 8 124,330.00 $ 76,686.62 $ 76,686.62 $ 85.000.00 0 85,000.00 $ 32.000.00 $ 32,000.00 $ 175,000.00 $ 175,000.00 10 Naples Grande Span Tie Into LS $ 38,400.00 $ 38.400.00 $ 15,501.70 $ 15,501.70 $ 49,000.00 $ 49,000.00 $ 65.000.00 $ 6,500.00 $ 30,000.00 $ 30,000.00 Boardwalk 11 Allowance for unforeseen $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 conditions to include piles, stringers.stringer ties,utility supports,hand rails,and posts Base Bid TIXad $ 490,290,00 0 547,924.49 $ 555,110.00 5 575,050.00 $ 587,211.00 BID ALTERNATES ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT EACH 1 Pile Jackets(Moderate to 25 $ 2,500.00 0 82,500.00 $ 4,904.00 $ 122,600.00 $ 5,700.00 $ 142,500.00 0 4,250.00 $ 106,250.00 0 5,500.00 $ 137,500.00 Severe) 2 Remaining Ploo Treat 8 Wrap 88 $ 507.00 $ 43,002.00 $ 439.69 $ 37,813.34 $ 320.00 $ 27,520.00 $ 750.00 $ 64,500.00 $ 500.00 $ 43,000.00 Alternate Told $ 100.102.00 5 160,413.34 $ 170,020.00 $ 170.750.00 $ 180,500,00 Attachment#2-Vendor Checklist Attachment 93-Bid Response Form V y Attachment#4-Local Vendmcn Preference Attachment#5-Immigration Affidavit(E-Verify) Attachment#6-Vendor Snubsdute(W-9) V Attachment#7-Insurance and Bending Addendum#1 Addendum#2 y y Opened by Rhonda Cummings 9/16/15 2:30pm Witnessed by:Lissett De La Rosa 9/16/15 2:30pm October 26, 2015 New Business 7-j 4 of 93 ed e>r County Administrative Services Department Procurement Services Division Clam Pass Boardwalk Repair COLLIER COUNTY BID NO. 15-6510 COLLIER COUNTY, FLORIDA Rhonda R. Cummings, CPPB, Procurement Strategist Email: rhondacummings©colliergov.net Telephone: (239) 252-8941 FAX: (239) 252-6700 Design Professional: Coastal Engineering Consultants, Inc. Proarnloll Servos Cowman•3327 Tamamm Trod Est•Naples,Fonda 31112490 t•239-2528,10T•mon ooRergOv fleJpn,ar emen> 1 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 5 of 93 TABLE OF CONTENTS PUBLIC NOTICE 3 PART B-INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 12 BID SCHEDULE 13 MATERIAL MANUFACTURERS 13 LIST OF MAJOR SUBCONTRACTORS 14 STATEMENT OF EXPERIENCE OF BIDDER 16 TRENCH SAFETY ACT 17 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 18 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 19 BID BOND 23 BIDDERS CHECK LIST 25 CONSTRUCTION AGREEMENT 26 EXHIBIT A 1: PUBLIC PAYMENT BOND 33 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 36 EXHIBIT B: INSURANCE REQUIREMENTS 39 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 43 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 45 EXHIBIT E: CHANGE ORDER 46 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 47 EXHIBIT G: FINAL PAYMENT CHECKLIST 48 EXHIBIT H: GENERAL TERMS AND CONDITIONS 50 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 82 EXHIBIT J: TECHNICAL SPECIFICATIONS 83 EXHIBIT K: PERMITS 84 EXHIBIT L: STANDARD DETAILS 85 EXHIBIT M: PLANS AND SPECIFICATIONS 86 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 87 2 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 6 of 93 Coder County Adninistratve Services Department Procurement Services Division PUBLIC NOTICE INVITATION TO BID Clam Pass Boardwalk Repair COUNTY BID NO. 15-6510 Separate sealed bids for the construction/repair of Clam Pass Boardwalk, addressed to Ms. Joanne Markiewicz, Director, Procurement Services, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 16th day of September 2015, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $550,000.00. A non-mandatory pre-bid conference shall be held on site at the Clam Pass Parking Lot, located at 465 Seagate Drive, Naples, FL 34103, at 9:00 a.m. LOCAL TIME on the 24th day of August 2015, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Clam Pass Boardwalk Repair Bid No. 15-6510 and Bid Date of September 10, 2015". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department Online Bidding System website: www.collieruov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. 3 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 7 of 93 In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within Two Hundred Ten (210)calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 14th day of August 2015. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Director, Procurement Services Division 4 Construction Services Agreement Revised 07012015 October 26, 2015 New Business 7-j 8 of 93 PART B-INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 15 - 29 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. 5 Construction Services Agreement Revised 07012015 October 26, 2015 New Business 7-j 9 of 93 Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 6 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 10 of 93 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; 7 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 11 of 93 b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than twenty-five percent (25%)from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. a Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 12 of 93 Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner's then current purchasing ordinance and policies. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing professional of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current purchasing ordinance and policies. A copy of the purchasing ordinance is available at http://www.collieraov.net/Index.aspx?page=762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.ora/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. 9 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 13 of 93 Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Owner will not be obligated to pay for any permits obtained by Subcontractors. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are"qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts 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 Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative 10 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 14 of 93 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. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied,either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a)of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 11 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 15 of 93 CONSTRUCTION BID R BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Clam Pass Boardwalk Repair BID NO. 16-6510 Full Name of Bidder £u• m ar (3 t« e\ + rr"e (o°`'S4 L td Main Business Address 1 4S 5C riv-s-1 elf:1 r&'(V / 1 $rl. f-.�c�� i ( 3`f S5 g- Place of Business 048 St 4-J6-5'irsA l $Ivo tbrl 5i 1-.0 ct? 3415 Telephone No. 77 a' a$g- ifa-S`- Fax No. 770)--a?,-a-Fd a` State Contractor's License# C bC /6J. //Cl9 State of Florida Certificate of Authority Document Number Federal Tax Identification Number 6.5"-o X 83 4f r DUNS# 0'36.307 CCR# Cage Code • To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA • (hereinafter called the Owner) The undersigned, as Bidder,declares that the only person or parties interested in this Bid as • principals are those named herein, that this Bid Is submitted without collusion with any other person,firm or corporation;that it has carefully examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery,'tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 12 Construction services Agreement Revised 07012015 I October 26, 2015 Bid No.15-6510 New Business 7-j 16 of 93 BID SCHEDULE Clam Pass Boardwalk Repair Bid No. 15-6510 ITEM DESCRIPTION QUANTITY UNIT AMOUNT Each PRICE 1 Mobilization/Demobilization LS $ 30,000.00 $ 30,000.00 2 Pile Replacement (Moderate 25 $ 3,500.00 $ 87,500.00 to Severe) 3 Pile Treatment&Wrap (Light 228 $ 510.00 $ 116,280.00 to Moderate) 4 Stringer Replacement I 37 $ 970.00 $ 35,890.00 5 Stringer Tie Replacement 13 $ 200.00 $ 2,600.00 6 Hand Rails and Posts 7 $ 550.00 $ 3,850.00 7 Utility Supports 6 $ 200.00 $ 1,200.00 8 Pile Wrap 8 $ 30.00 $ 240.00 9 Hardware Replace LS $ 124,330.00 $ 124,330.00 10 Naples Grande Span Tie into LS $ 38,400.00 $ 38,400.00 Boardwalk 11 Allowance for unforeseen $ 50,000.00 conditions to include piles, stringers, stringer ties, utility supports, hand rails, and posts Base Bid Total $ 490,290.00 BID ALTERNATES ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT EACH 2 Remaining Piles Treat& 86 $ 507.00 $ 43,602.00 Wrap Alternate Total $43, 602.00 Grand Total $ 533,892.00 1 October 26, 2015 New Business 7-j 17 of 93 ORIGINAL MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list Complete and sign section A,QQ B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. r 4Ql p� 1.- 7 P„ : lift iMiP�e..�`fpc�t 4 Sireg - bite F `'® `- . rte _ _Z. _ Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER . .. 1. / . 2. . . ,////4 . .. . ' 3. 4. 5. Please insert additional pages as necessary. J -'A� r_ -COGS .� Compyf g; `$ 'Wks+ -iir' 7' . i 5,. —`'� .tt..:+z.s : _lilut� kl.• yz i ! if-W.-§'-..7t-117-11.---- --- �" a _ � 7-:'41.4E-51-*:-..--..,...7", , � ., 14 Construction Services Agreement Revised 07012018 October 26, 2015 New Business 7-j 18 of 93 ORIGINAL UST OF MAJOR SUBCONTRACTORS THIS UST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2013-69 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors In its bid offer. Further,the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract,and in accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1Aaor Category oVkubcotlactar > Adstiess 1. Electrical 2. Mechanical 3. Plumbing � ..: 4. Site Work 5. Identify other :. subcontractors that represent more than 10%of price or that affect the critical path of the schedule Company C:u-;: .. .. 43 'w u.►,r (�s4 fr►c-{Itl Z. -6- - rt ms r r s a I , r.S = = 15 Construction Services Agreemert Revised 07012015 October 26, 2015 New Business 7-j 19 of 93 ORIGINAL STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Protect and Location Reference c 1. CA/M5 pfrik 4Jesirp.6rui PIIke rtrel{o-01 "c ?-97 I/o7 51- P`4/ r l &✓e1 6/6-Si Ad.-- 2. Sennwoy iri l i ctito e55 4/11/4{ xyl( 11/41tek)15 /Lern 't 60-34.44:1-- S .-4rd i f= 1 zio7-3444-3/ 3 3. I be4ki4 � 4ea-ck get 5 Pee-r- fAJj p dotleiftip Iet/0.11(1 6,1A O.-eft-44 8«.ti./ " 3,5"- 9yo-04-6,V 4. A lier fa gokfJ t J,'4'4 rem C0,4/4 e a u E5. s-i. )1{t--4* '4'} � 7�J--.337-- 3/l 10 5. yAti.l-e ie R't..10, 77.3--an -01 I 6. - n � �'-%'L 4J- r ,fl,t(1N11 tI a i�abr at r '� . {�, �`� H -774-- 33 - t 58`� 7-::::47-:, __::: -.4,,. ..rj,„, ';' ,i.7-7::::7-::_ -.7:-::-"'-:":gggifartiMV11):*:.:;W:-:.-----.1ii.-:,:.113 .i'iti:-.-::,.. -H- 16 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 20 of 93 TRENCH SAFETY ACT , I Bidder acknowledges that included in the various items of the bid and in the r' �t �: j'' f � 9 i sts for complying with the Florida Trench Safety Act(90-96, Laws of Florida) effective October 1, 1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF.SY) 1. 2. N)\? 3. 5. TOTAL$ • Failure to complete the above may result in the Bid being declared non-responsive. ' 1�;�-.• w ( KIM I u•C Id COS-kl1VCtt ,, Company= 4;-- Sigrlatlii"e `; E!J '_ _ �a 17 Construction Services Agreement:Revised 07012016 • October 26, 2015 . New Business 7-j • 21 of 93 CIL Cowtry Administrative Whose"` 't ORIGINAL Immigration Law Affidavit Certification Solicitation:16-6610 This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal invitations to Bid(118's)and Request for Proposals(RFP)submittals. Further,Vendors/Bidders 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 Prone page or a copy of die 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 violatiorn 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 Eligiblity 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. ee Company Name 64 Q 0-% '"..0 ill 16114; 6 N/5-1 F 1I/�` Print Name (A t J •;I f t l� Title 1'fes Signature . ' Date 0//c.-- . t�1 ,. *,'0. State of ' (421 .t(1& County of <AL (Li&ti i The oinl�instrume twos signed and acknowledged before me this 1(Q day of ` �k�, 2 1 by " (print or type name)who has produced LAND. �.�. (type of identification and number)as identification. i Notary Public Signature P 11"s Wig' tu1.1 Printed Name of Notary Public r 12,2017 Th ,� �f t t , � ;r u ,a evidenced by the sworn affidavit required herein,the truth and accuracy of MI= t rr .. • - 4 , tr.,t..1u:+�" _ ade. 1s Construction Services Agreement Revised 07012015 New Business 7-j 22 of 93 'ORIGINAL. • Administrative Services Departmera Colter CComity Pm n awebnd$mice=Division COWER COUNTY SOLICITATIONS SUBSTITUTE W—9 Request for Taxpayer Identification Number and Certification October 26, 2015 In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(inducing social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information)) /' 7 G Taxpayer Name Cs. �. 8w-1 m r ` �pN 1-11.1.44S G� t'r (as shown on income tax return) Business Name Of different from + Ski NA-f IAA- city f r( .51- 1.wet-t state I Zip 34116-A-- Telephone 713--38$-'tkSSr FAX 77e)--, 8,7 -,2'As)- Email AlreNe Lµ v�•(�••lf.n1^t�^�e_ �Ci"' Order Information Remit f Payment Information Address Addr ,,f1 F�88 City Slate Zip City Ki -h state ,Zip �` ' FAX FAX 5100"��2 L Email Email 't%i''�t�'�G'cL �uu fhrt"If 17 .t0•'� 2. Company Status(check only one) Indhridual I Sole Proprietor _Corporation I Partnership - - • _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501(c)3) G Enter the tax classification (0=Disregarded Entity,C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification umber(TIN) 45- i " D/13 4"c) (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 Cortification;�lAderps flea of a 1 certify that the INbrmalion shown on this form is correct tom knowledge. Signati,�� Date Title f fi S Phone Number 77.:-art: ythSY • 19 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 23 of 93 Upon notification that its Bid has been awarded, the Successful Bidder will •R nt form attached to the Bidding Documents within ten (10) calendar days and deli rA = = -• Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure,the total amount of Owner's damages, will be difficult, if not impossible,to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date.The undersigned further agrees to substantially complete all work covered by this Bid within Ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such.period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. • Respectfully Submitted: State of Florin t County of 45./. kink rc' ' ' j tJ�anti C0{t, n�u being first duly sworn on oath deposes and says that the Bi er on the.�above.Bid. is organized as indicated and that all statements . herein made are made on behalf of such bidder and that this deponent is authorized to make them. f t t� - p(<< fv- i . (. , also deposes and says that it has examined and carefully prrbpared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a)Corporation The Bidder is a corporation organized and vistipg unOr th laws of the State of C.-look which operates under the legal name ofM gbAA 4411(1 14( Co•1 sfrµcf IIA,� diP4 , and the full names of its officers NW as follows: t) President +to 4.1 Car ftAr r j r Secretary Treasurer Manager 20 Construction Services Agreement Revised 07012015 October 26, 2015 . New Business 7-j 24 of 93 The Is authorized to sign construction bids and contracts for th- ••• •- - • - = .11 •n of its Boa • t =ctors taken , a certified copy of which is hereto attached(strike out this J. - • nce if not applicable). ORIGINAL (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: 0\ The co-partnership does business under the legal name at (c)Individual The Bidder is an individual whose full:name is r , and if operating under a trade name,said trade name is [�� • Complete for information contained in(a).Corporation, (b) Co-Partnership or(c) Individual from previous page. ► Ld DATED 0i�4/ . S �� A 1�e ` r CIOf- legal entity 4 /�_1'r BY: Y `f l .(b(r t i) )✓ I ess ' Name • : • or fr •*51a " { � ___ tness Sign?.r�� rr Title 21 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 25 of 93 STATE OF `-4-'-' ..i ORIGINAL COUNTY OF cat,. uC1lC�1 The oregoing I ment was acknowledged before me this /W y of O ---2015, by 34as Weirar of „.„.4_ - + , r. a Plan NQrporrp�tion, pn behalf of the cgrporation. H she,Js Per pnally kn• to me or has produced , •al•1L.Ct yuU.4.1 IICC,L.t.1 t(o c L'(—YJD-as identification and did(did not)take an oath. My Commission • tct ‘*"—"N., SUZETTE SUZETTE RITCHIE (SiFg-natturree._ Notary) j• MY coMM:ssioN NFF081808 lC��l.zateJi/. �e .•R�„Or EXPIRES Mambo'12,2017 NAME: G(J'Z� pug)Mil 01113 FkautaNal survlca.com (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of ` hti-C ...) Commission No.: e'.17 SUZETTE RITCHIE • MY COMMISSION OF061868 `oe EXPIRES December 12.2017 ttIn McLcam (4uh:mnol53 FlorldaNat 22 Construction Lion Services Agreement Revised 07012015 October 26, 2015 New Business 7-j 26 of 93 • BB03851 ORIGINAL BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Custom Built Marine Construction, Inc. (herein after called the Principal) and United States Fire Insurance Company • (herein called the Surety), a corporation chartered and existing under the laws of the State of Delaware with its principal offices in the city of Morristown, NJ and authorized to do business in the State of Florida are held and firmly bound unto the Collier County board of County Commissioners (hereinafter called the Owner), In the full and just sum of Five Percent of Bid Amount dollars ($ 5% of Bid ) • good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and tru'y to be made1/4the Principal and the Surety bind themselves,their heirs, and executors, administrators, and assigns,jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and Incidentals necessary to fulmar instill', and fully complete the Work on the Project known as Oa M: �5 /nr-rJ 'r 1 , Clam Pass Boardwalk Repair • • • Bid No.15-6510 • • NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL:shall•enter Into the required Agreement with the Owner and within ten days after the.date of a written Notice of Award in accordance with the terms of such Bid, and • • give such bond or bonds in an amount of 100%the total Contract Amount as specified In . the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and • . supplies furnished In the prosecution'thereof or, in the event of the failure of the • • . • • PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to • Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE • the fixed sum of$ 5% of Bid noted above as liquidated damages, and not as a penalty, as provided In the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. 23 Constnction Seivicsa Agreement Raked 07015015 • • October 26, 2015 _ New Business_7-j _ 27 of 93 ORIGINAL IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 1 6 day Of September , 2015. Custom Built Marine Construction, Inc. Principal BY (Seal) dri ,ed St ices Fire Insurance Company Surety Rt '=� ,- e‘%."-t (Seal) Countersigned v..— Bober Barra Local Resident Producing Agent for United State Ri.re Insurance Company 24 Construction Services Agreerrrert Revised 07012016 October 26, 2015 • New Business 7-j 28 of 93 ORIGINAL THIS SHEETMUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully,sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature,etc. have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 • 8. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been included. 9. Any addenda have been signed and included. 10.The mailing envelope has been addressed to: Procurement Director CoNier County Government Purchasing Department mia Tra E Naples FL 34112 11.The mailing 3327 enveTalope mi must be sealed and marked with: aBid Number; 15-6610 >Project Name; Clam Pass Boardwalk Repair <>Opening Date. September 16,2015 12.The Bid will be mailed or delivered in time to be received no later than the specified openino date and time,otherwise Bid cannot be considered. 13. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.coliiergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER P l L.7,10." T i4h//pit ta.451r`'►O(i... (1316der _ 9,67,5D Si - &Titie\ 25 Constiuctlon Services Agreement:Revised 07012015 • October 26, 2015 New Business 7-j 29 of 93 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts.with Custom Built Marine Construction, Inc. ("Contractor") of 1288 SE Industrial Blvd., Port St. Lucie, FL 34952, a corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Clam Pass Boardwalk Repair, Bid No. 15-6510 "Clam Pass Boardwalk Repair", as said Work is set forth in the Plans and Specifications prepared by Coastal Engineering Consultants, Inc., and other Contract Documents hereafter specified. Owner and Contractor,for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement(all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work., Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. • In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Five Hundred Thirty Three Thousand Eight Hundred Ninety Two Dollars and No Cents ($533,982.00). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner, provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as 26 Conduction Services Agreement:Revised 01012015 ........... October 26, 2015 New Business 7-j 30 of 93 www.fms.treas.00v/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shad, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liqiulidated Damages, A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date"shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) • calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within One Hundred Eighty (180) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase"Project Manager"refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Hundred Seventy Dollars and Eighty Cents ($170.80.) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager(or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially- or Finally Complete the Work within the required time periods. 27 Constudion Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 31 of 93 C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days,the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in wilting that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation ITB #15-6510 Clam Pass Boardwalk Repair. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form 28 Construction Services Agreement:Revised 07012013 October 26, 2015 New Business 7-j 32 of 93 Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details(if applicable) Exhibit M: Plans and Specifications prepared by Coastal Engineering Consultants, Inc. and identified as follows: Clam Pass Boardwalk Repair Construction Plans as shown on Plan Sheets 1 through 4. Exhibit N: Contractor's List of Key Personnel Exhibit 0: Inspection Report ITB 15-6510 Clam Pass Boardwalk Repair Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Government Administrative Services Department Facilities Management Division Maragret Bishop,PE,Senior Project Manager 3335 Tamiami Trail East,Naples, Florida 34112 239-252-8380 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Custom Built Marine Construction,Inc. 1288 SE Industrial Boulevard,Port St. Lucie, Florida 34962 (772)288-4264 Telephone;(772)288-2802 Fax David H.Corrigan,Jr.,President C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. pUBLIC ENTITY CRIMES., 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the 29 Construction Services Agreement:Revised 07012015 �� October 26, 2015 New Business 7-j 33 of 93 construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assi ins. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governina Law., The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver., The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability, Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. C henna Order Authorization. , The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's purchasing ordinance and policies and accompanying administrative procedures. 30 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 34 of 93 Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be oonstrued against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party)shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 31 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 35 of 93 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Custom Built Marine Construction, Inc. By: FIRST WITNESS _ Print Name and Title Date Print Name SECOND WITNESS Print Name Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Tim Nance Date Chairman Approved as to Form and Legality: Assistant County Attorney Print Name 3 Construction Se/vices Agreement:Revised 47412015 5 October 26, 2015 New Business 7-j 36 of 93 EXHIBIT A 1:PUBLIC PAYMENT BOND Clam Pass Boardwalk Repair Bond No. Contract No., 15-6510 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2015, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contrast. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2015, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 0 3 Construction Services Agreement Revised 07012015 October 26, 2015 New Business 7-j 37 of 93 Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME.: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did(did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 34 Construction Services Agreement Revised 07012015 October 26, 2015 New Business 7-j 38 of 93 OR As.Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2015, by , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 35 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 39 of 93 EXHIBIT A 2:PUBLIC PERFORMANCE BOND Clam Pass Boardwalk Repair Bond No. Contract No. 15-8510 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2015, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages,whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Band, The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2015, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. as Construction Services Agreement Revised 07012015 October 26, 2015 New Business 7-j 40 of 93 Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2015, by as _ of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did(did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 37 Construdion Services Agreement:Revised 07012015 I � October 26, 2015 New Business 7-j 41 of 93 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2015, by , as of , a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did(did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 38 Construction Services Agreement:Revised 07012015 October Business 262015 71 j 42 of 93 EXHIBIT B:INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shalt procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify For any and all work performed on behalf of Collier County, or,the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coveragels1 shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately lake steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage]) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the Vendor for such coverage purchased. If Vendor fails to reimburse the County for such costs within thirty (30)days after demand, the County has the right to offset these costs from any amount due Vendor under this 39 Construction Services Agreement Revised 07012015 October 26, 2015 New Business 7-j 43 of 93 Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage] purchased or the insurance company or companies used. The decision of the County to purchase such insurance coveragekl shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. (-3) 40 Construction Services Agreement Revised 07012016 October 26, 2015 New Business 7-j 44 of 93 Collier County Florida Insurance and Bonding Requirements insurance.I Bond Type Required Limits 1. IZI Worker's Statutory Limits of Florida Statutes,Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. IZI Employers Liability $500,000 single limit per occurrence 3. Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current 51.000.000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors;Products and Completed Operations and Contractual Liability. 4. ►5 Indemnification To the maximum extent permitted by Florida law,the ContractorNendor/Consultant 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,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to 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. 4. ®Automobile Liability $ 1,000,000 Each Occurrence;Bodily Injury&Property Damage,Owned/Non- owned/Hired;Automobile Included 5. ® Other insurance as ®Watercraft $ 1.000.000 Per Occurrence noted: 0 United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1.000.000 Per Occurrence ❑Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2.000,000 per claim and in the aggregate ❑Project Professional Liability ; Per Occurrence 91 Construction Services Agreement.Revised 07012015 (Z) October 26, 2015 New Business 7-j 45 of 93 ❑Valuable Papers Insurance $ Per Occurrence 6. ®Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation, 7. ®Performance and For projects in excess of$200,000,bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to.do business in the State of Florida and otherwise acceptable to Owner; provided, however,the surety shall be rated as°A=or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus,all as reported In the most current Best Key Rating Guide, published by A.M.Best Company, Inc.of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County(or Collier MPO). The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ►� Thirty(30) Days Cancellation Notice required. Ljb 8/3/2015 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 42 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 46 of 93 EXHIBIT C:RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn,deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor) releases and waives for itself and its subcontractors, material-men, successors and assigns,all claims demands,damages, costs and expenses,whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated . 2015 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed,have been fully satisfied and paid. (3) To the maximum extent permitted by law,Contractor agrees to indemnify,defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. • (4) This Release and Affidavit is given in connection with Contractor's (monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2015, by , as of a corporation,on behalf of the corporation. He/she is personally known to me or has produced as identification and did(did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public.State of Commissioner No.: 43 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 47 of 93 This page has been intentionally left blank. 44 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7-j 48 of 93 EXHIBIT 0: FORM OF CONTRACT APPLICATION FOR PAYMENT Payment, Schedule of Values and Stored Materials Record applications are available for download at httQ:l iourchasino.coiliernov.netlForms/Forms/Agltems.aspx 45 Construction Services Agreement:Revised 07012015 (;) October 26, 2015 • New Business 7-j 49 of 93 EXHIBIT E:CHANGE ORDER An electronic data entry form may be found at htto://bccsp01/Site.Directory/ASD/Pur+chasing/Forrsl./Forms/Default.asox Change Order Form Contract#: Changed/I ' Purchase Order.: [ Project O.{ Conttaamr$Ran Name: ' Project Name; ProjectManag.c Name 1 Department: I Original Contrac~Order Amount • Original BCC Armand Date:Awnd*Item er Current BCC Apordyad An cure Last BCC Ap rural DAM Avperda hen* Canard Cone echW ark Order Amount SAP Contract Excitation Date(hamlet) Dollar Amman t of the.Change AO 0E01 Total Chang;!ram Orcirai Amount Revised C antaatW ore Order Total 5 0-00 aDIV.+DI Change from Cratere/IOC Approved Amount Cumulates C.heroes S 0.00 aCTIV+0! Chance from C went Amount Completion Oita,Deedription Of the Tads)Change,and Ratfoea a for the Charge Hobo*to Procne' { Original Last Approved Revised Date Dam 1 Completion 0 Date I ee;rearsgtt *of Days Added Mete asks 0 Add new2akis)ODNetetaseit4 0 Change tesels) 0Othar.ssatroav; Provide a response to the following I./detarkdredspecificexplaretionkstionateof therequestadcitan ga(s)torite,Wigs)and or the additional d a y s added(II P a q u e t t e*2.)why thi s change was not included in the odgirtal contract:and S)describe the urged k this change is not processed. Att.cr iadsicnel intorttatee freer The 0esgn Professional anther Contractor if needed. Prepared by Daw. (project Manager Nana ar t Depanmern Assepta.e.ofINDChar.P3 Order seek itaueamoddi eContocomma work wear penibes abort and cabs I:ejecttoatteesa e terms are roedimes a•eonward tr tee*onuses w erkcreet me:above as day as tl the samew.rtsuud is this aeotptanw.The adjustment.. any.tome Corned.hati constitute a tuil arofire!tenement of anyy a *Retains Of the Corr8acAr i Yeodar:Consultant Des an Professional are rag an of sombre:TO the char's sea forth herein,fnatrcrrrr claims for inpadt and deny casts. Accepted by Data. (Connector.1 Venaori Consult= Oesayn Profess can sed Narita Firm d projectapph'catrir„ Mprolned by Date: MD.ii it Ptoteseonaland Named Fast.4 projectappteabia) Approved by Date:, (Fromm/ram Professes/ma , .. _.• •3} 'i 83.,•' :r--;is"3 ..3s 'terse ?a ie: .. +lE) Construction Services Agreement:Revised 07012015 a October 26, 2015 New Business 7-j 50 of 93 EXHIBIT F:CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No: Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificatiof Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work(or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item In it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security,operation,safety,maintenance, heat, utilities, insurance and warranties shall be as follows: 47 Construction Services Agreement Revised 07012015 t ) October 26, 2015 New Business 7-j 51 of 93 RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTORS obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER BY: Type Name and Title EXHIBIT G: FINAL PAYMENT CHECKLIST 48 Construction Services Agreement:Revised 07012015 /)1 October 26, 2015 New Business 7-j 52 of 93 Bid No.: Contractor: Project No.: Date: ,20 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3: Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted(list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A If NO is checked for any of the above,attach explanation. Acknowledgments: • By Contractor. (Company Name) (Signature) (Typed Name&Title) By Design Professional: (Firm Name) (Signature) By Owner: (Typed Name&Title) (Department Name) (Signature) • (Name&Title) 49 Construction Services Agreement Revised 07012015 October 26, 2015 New Business 7-j 53 of 93 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. - 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; 50 Construction Services Agreement Revised 07012015 �7 October 26. 2015 New Business 7-j 54 of 93 availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 51 Construction Services Agreement Revised 07012015 (2) October 26, 2015 New Business 7-j 55 of 93 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 52 ,. Construction Services Agreement Revised 07012015 r .� 1 October 26, 2015 _ New Business 7-j 56 of 93 4.3 Contractor shall submit all Applications for Payment to Margaret Bishop, PE, Senior Project Manager, Facilities Management, located at 3335 Tamiami Trail East, Naples, FL 34112. County personnel will be handling all Construction Engineering and Inspection Services, 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all hens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner(which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to � a� Construction Service,Agreement:Revised 07012015 October 26, 2015 New Business 7-j 57 of 93 fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's purchasing ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 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"caches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. 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 5. PAYMENTS WITHHELD. 54 Cortstrudion Services Agreement:Revised 07012015 Oc,Lter 26. 2015 Ne'w'—Business 7-j 58 of 93 5,1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breath of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 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 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. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's 1 Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit 9. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise 56 !Construction Services Agreement:Reed 07012015 October 26, 2015 New Business 7-j 59 of 93 relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. se Construction services Agreement Revised 07012015 Oeew ess ctober 26 2015 i-j 60 of 93 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 57 Construction Services Agreement Revised 07012015 An October 26, 2015 New Business 7-j 61 of 93 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2(a)—(d) and (3) as follows: (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. Construction Services Agreement:Revised 07012015 ■ October 26 2015 New Business 7-j 62 of 93 (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. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. sg Construction Services Agreement:Revised 07012015 T October 26, 2015 New Business 7-j 63 of 93 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractors reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub- 60 Construction Services Agreement:Revised 07012015 Octo , 1 New ber Business 26 7-5 j 64 of 20 93 subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County purchasing ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight(48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted In the Contract Documents, 81 Construction Services Agreement:Revised 07012015 October 26 2015 ew usi 65 of 93 written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, fosses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, 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 intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner 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 Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is 62 Construction services Agreement:Revised 07012095 October 26 2015 New Business 7-j 66 of 93 determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of 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. Failure by the Contractor 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. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify)operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States: it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals(RFP) including professional services and construction services. 63 Construction Services Agreement:Revised 07012015 October 26, 2015 New Business 7 1 67 of 93 Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/Bidders 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. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents, if the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's I vendor's_ioposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the"Exceptions to the program"clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://wvw,r.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings,p structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 64 Construction Services Agreement:Revised 07012015 ellemonmew October 26, 2015 New Business 7-j 68 of 93 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.50, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor 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. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fads to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or(8) makes an assignment for the benefit of creditors; or(9)fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or(10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against 65 Construction Services Agreement:Revised 07012015 a October 26, 2015 New Business 7-j 69 of 93 ' the Contractor's sureties and without prejudice to any other right or remedy it may be. entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of ' any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of 1 such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. if the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 in the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this , Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. if the Work is so stopped for a period of one hundred and twenty (120) consecutive days ss • Construction Services Agreement Revised 07012015 CD October 26, 2015 New usi - 70 of 93 through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor,the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to 67 Construction Services Agreement:Revised 070/2015 October 26 2015 New usi 1 ss i-j 71 of 93 complete or correct items on the tentative punch-fist. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract 1 Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice 68 Construction Services Agreement:Revised 07012015 I _. October ,26 2015 New Business 7 72 of 93 to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement, The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections,tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractors intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the 69 Conatrudicn Services Agreement Revised 07012013 ,—ti October 26, 2015 New Business 7-j 73 of 93 construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is,defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in.the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect 70 Construction Services Agreement Revised 07012015 October 26 2015 of w ess t-j 74 of 93 and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice. to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct 71 Construction Services Agreement.Revised 07012015 October 26 2015 ew usiness (-J 75 of 93 Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N Is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 in the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby_ If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be 72 Construction Services Agreement Revised 07012015 A October 26, 2015 New Business 7-j • 76 of 93 issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof,or any land or areas contiguous thereto, resulting from the performance of the Work. 1 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures. and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 73 Construction Seivices Agreement:Revised 07012015 October 26 2015 ric67/71705ess 77 of 93 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times, All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; Construction Servloes Agreement Revised 07012015 { y ) October 26 2015 ew ess r-I 78 of 93 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner 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. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 75 n Construction Services Agreement:Revised 07912015 • October 26, 2015 New Business 7-j 79 of 93 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor 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. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, 76 Construction Service Agreement:Revised 07012015 October 26 2015 eWeliginess -i 80 of 93 availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is erformin 9. furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the 77 Construction Services Agreement Revised 07012015 October 26. 2015 New Business 7-j 81 of 93 Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33..5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%for overhead and profit. • 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive ' remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 7 Construction Services Agreement Revised 070120 15 0 I October 26 2015 New Business 7-j 82 of 93 34.1.3 Shop Drawing SubmittaVApproval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMTS Schedule and Updates 34.1.32 Suspense(Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. • 74 ConstruetiOn Services Agreement:Revised 07012015 9 ■October 26 2015 New Business 83 of 93 35. SECURITY. If required, Vendor/Contractor/Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department 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. 36.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. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE)study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEl) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376&403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST&API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department(SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing/will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. Construction Services Agreement Revised 07012015 9 October 26 2015 elf ws�ess 84 of 93 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. 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 Contractor with full decision-making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner 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 Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner'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. 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. 81 Construction Services 15 �,�` Agreemerd:Revised D7D12015 a October 26, 2015 relr LITIMArrr 85 of 93 EXHIBIT I:SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http:/lbid.colliergov.net/bid/ and titled: Clam Pass Boardwalk Repair 1 82 Construaion Services Agreement:Revised 07012016 0 r __. October 2620.15 New Business /1 86 of 93 EXHIBIT J:TECHNICAL SPECIFICATIONS Supporting documents found at: http:libid.colliergov.netibidi and titled: CLAM PASS PARK BOARDWALK REPAIRS CONSTRUCTION SPECIFICATIONS ss �= Construction Ssrvioes Agreement:Revised 07012015 'y October 26,2015 New Business 7-j 87 of 93 EXHIBIT K:PERMITS Supporting documents found at: http:/ibid.colliergov.net/bid/ and titled: County will provide an exemption DEP permit at a later date via addendum • {T Construction Services Agreement Revised 07012015 'y October 26, 2015 =721 r7s7 1 88 of 93 EXHIBIT L:STANDARD DETAILS Supporting documents found at http://bid.colliergov.netlbid/ and titled:Sheets 3 of the Plans and Specifications 1 as Construction Services Agreement:Revised 07012015 r-, October 26 2015 New Business 7 j 89 of 93 EXHIBIT M:PLANS AND SPECIFICATIONS Supporting documents found at: http:Nbid.coliiergov.net/bid/ and titled: Clam Pass Park Boardwalk Repair 66 Construction Services Agreement:Revised 07012015 October 26,2015 _ New Business 7-j 90 of 93 EXHIBIT N:CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category David Corrigan Jr. Construction Superintendent Bob Begano Project Manager Chris Polk Foreman 87 Construction Services Agreement:Revised 07012015 .y. October 26 2015 Business 7-j 91 of 93 EXHIBIT 0: INSPECTION REPORT Supporting documents found at http://bid.coiliergov.netibidl and titled: Clam Pass Boardwalk Piling Inspection Report Collier County P.O. No.4500157592 CEC No.14.184 1 W Construction Services Agreement Revised 07012015 ,n October 26, 2015 New Business 7-j 92 of 93 > Email: rhondacummings@colllergov.net Sertrioea i7h+bfon Telephone:(239)252-8941 p a FAX:(239)252-6700 Addendum#2 RIGINAL r Date: August 24,2015 + From: Rhonda Cummings, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum#2 15-6510—Clam Pass Boardwalk Repair The following clarification has been issued as an addendum to the afore mentioned solicitation: Questions and Answers after pre-bid meeting: 1) What is the minimum depth of the pilings? Answer: The piles shall be installed such that there is a minimum of 40% pile penetration or 6 feet,whichever is greater. See CS-5,6 Installation on page CS-6 of the specifications. The piles at the Naples Grande entrance are specified at 4 x 16 PT piles. 2) What is the time frame for completion? • . Answer:The contract time is 180 days for substantial completion from issuance of the NTP and 210 days for final completion to include close out documents. 3) Is the deck at the Naples Grande entrance being replaced? Answer: The deck area that has been repaired with plywood at the Naples Grande entrance will be replaced. See page CS-4 of the specifications. Replace decking with 3 x 8 Bedford fiber force plastic decking to match as close as possible. If you have any other questions, please feel free to contact us at the Procurement Services Department, online at www.colliergov.netibid. C: Margaret Bishop Please sign • 774'. , 4rn with Your bmltta!'for the above referenced soirdtation . (Signature - - (Name.of K '* October 26, 2015 New Business 7-j 93 of 93 ' � � Email: rhondacummingstiergov.net Telephone:(239)252-8941 Parg FAX:(239)252-6700 Addendum#1 ' RIGINAL Date: August 18, 2015 From: Rhonda Cummings, CPPB,Procurement Strategist To: Interested Bidders Subject: Addendum#1 15-6510—Clam Pass Boardwalk Repair The following clarification has been issued as an addendum to the afore mentioned solicitation: As requested,file 15-6510—Bid Schedule has been provided in Excel. Replace: Incorrectly uploaded Repair Schedule with the correct one. If you have any other questions, please feel free to contact us at•the Procurement Services Department. • C: Margaret Bishop • Puri#e si w z .. . a . endum with}�oui~ ib " #a about ri?sren t M'Y d { � x (Signature) ® • ti. Date (Name Of Firm). October 26, 2015 New Business 7-k 1 of 3 EXECUTIVE SUMMARY Recommendation to award a work order using Contract Number 14-6307 to PBS Contractors for the Barefoot Beach concession renovation and make a finding that this expenditure promotes tourism. OBJECTIVE: To renovate the Barefoot Beach concession that is in need of repair. CONSIDERATION: Currently, the Parks and Recreation Division have a contracted concessionaire who provides services at Barefoot Beach Preserve. The concessionaire provides food and beverages at this location for visitors of Barefoot. On April 22, 2013, the TDC voted 7-0 to approve a project related to converting the existing Ranger Office at the pavilion in the main parking area to a concession stand (Item.7C). This was developed to provide a shaded space for visitors to enjoy breakfast and lunch provided by the concessionaire. The project consists of converting the existing Ranger Office into a concession that includes carpentry, electrical,plumbing with a 3-basin commercial sink, a sliding window countertop at the pass-through, and flooring. A mini office trailer will be temporarily located next to the ranger parking space to accommodate the Ranger during the renovation. The project has been delayed due to other commitments and priorities of the Division. The concessionaire has continued to provide for services at beachside, but the addition of the concession area will provide additional services for the public to enjoy. FISCAL IMPACT: Funding in the amount of $39,962.00 from Tourist Development revenues is available and appropriated for this Project No. 80242 within the Parks and Recreation Beach Park Facilities Capital Fund 183 (TDC Beach Parking Facilities). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. LEGAL CONSIDERATIONS: This item will be reviewed for legal sufficiency. RECOMMENDATION: That the Tourist Development Council recommends award of the proposed work order using Contract Number 14-6307 to PBS Contractors for the Barefoot Beach concession renovations, Project No. 80242, in the amount of $39,962.00, and makes a finding that the project expenditure promotes tourism. Prepared by: Margaret A. Bishop,P.E., Senior Project Manager,Facilities Management Department Attachment: Scope of Services October 26, 2015 New Business 7-k ;11 'ilr 2of3. ,,„„ CNC 0500!3 4.105 Corporate Square Naples.FL 341044754 r`:"A70u•�ll� (235)5424127•(230)043.4253 Fleloostractoragem October 14, 2015 Mr. Robert Fuentes Collier County Facilities 3335 Tamiami Trail East Naples, Florida 34112 rfuentesCa.colliergov.net RE: Barefoot Beach Concessions/Snack Vending Room Robert: Thank you for inviting PBS Contractors LLC to present you with this proposal for the proposed renovations to the concessions space at the barefoot beach parks and Rec building. The following scope of work is based on our site walkthrough and your 9/25/15 email RFP detailing the scope with the single page floor plan. The following scope of work details the project as we understand it. Concessions: • Relocate all existing furniture, cabinets, desks and wall decorations from the existing office space to the new temp trailer for the Ranger • Remove and dispose of all existing interior floor and base boards. Prep Floor for new VCT tile and Vinyl base • New wall opening with new siding repairs and trim as needed to match existing • New corian countertop at pass-thru and as shown on the drawings. No base cabinetry is figured we assume that brackets and countertop supports only. This is approximately 40sf of countertop • New Stainless Steel 3-basin commercial sink with intragal legs and backsplash is figured. We have also figured a single TS Brass swivel faucet to reach each basin • New sink drain to be cored to crawl space below with connection to existing sanitary lines. Core drill to be filled and fire stopped as required. • Furnish and install new 20 Gallon Rheem water heater(EGSP20). This unit comes with a 3- year tank and 1 year parts warranty. Unit rated for exterior use and will be mounted in the crawl space on the existing aluminum rack. All supply lines to be insulated copper or PVC. See upgrade option for Marine Grade water heater with 5 year warrenty • Inside the concessions we will install new, white FRP wainscot from 48" down to existing floor at two walls (pas-thru and sink walls) inside the concession space. FRP walls will have integrated cove base per code • Existing fixture (exposed fluorescent bulb)fixture will be replaced with new fixture with protective lens • Furnish and install new VCT tile and Vinyl base per CC vertical Standards • All interior concession walls and ceilings to receive new paint job. Color to be selected by the county. • Remove existing swing and screen door and replace with new fiberglass frame and door. Dutch door will be fabricated with small shelf and stainless steel hardware. Coastal rated October 26, 2015 New Business 7-k PBS Conirgq3rs Barefoot Beach—Concessions/Snack Modifications 10-14-15 Page 2 of 2 hardware consisting of Hager or Schlage keyed lockset. Primus cores if needed by others. Note: Dutch door does not have a NOA and alternate mean of impact protection may be required in permitting • All new and repaired siding to be painted to match existing • Furnish and install new manual coiling door at new pass-thru opening. It is assumed that this opening will be approximately 48" tall by 84" wide. This unit will be mounted to the existing wall framing on the inside of the concession and will be lockable. • We have included relocation of wall electrical and outlets as needed to meet code. This includes two (2) additional countertop convenience outlets Ranger Trailer: • Provide a 8x10 ground mounted modular Mini office trailer to be located in the gravel area next to the ranger parking space on the east side of the building. Trailer furnished by Mobile Mini • Trailer to be equipped with a small wall mounted NC unit and sufficient fluorescent lighting. No walls or desks included in this trailer • Supply the necessary power, disconnects and buried lines to this new trailer from the existing 100 amp service located on the SE corner of the building • It is assumed that this trailer will only be needed for 4 months. Should the county need the temp trailer for additional time; The cost per moth is $287 per month including tax Cost: $39,962.00 Option: 1. 20 gallon Hubbell commercial EWH in crawl space. This is a marine rated unit equipped with a stainless steel jacket and designed specifically for exterior marine environments that comes with a 5 year warranty. Add $4,500 2. Should the county need the temp ranger trailer for additional time; the cost per moth is $287 per month including tax. Clarifications and Exclusions: • From NTP to final completion we will need 120 days to complete this work • We assumed sufficient power is available at the building panel. No additional service is included • A project allowance of $2,000 has been included in the above for cost associated with permitting. • It is assumed that a copy of the existing BSSW drawings will be sufficient for permitting. We have not included any other design drawings. • No new concession venting or NC has been considered in this proposal. It is assumed that all existing to remain • We have considered that all the above work will be performed under proper credentialing and between normal business working hours or 8am —5pm Monday— Friday. Robert, we trust this information will be useful to you in selecting PBS Contractors as your contractor. If yot have any questions, please don't hesitate to call me on my cell phone at (239-280-7110). Sin. ry, A- ley" Michael :runo Project Manager October 26, 2015 New Business 7-I 1 of 1 TDC EXECUTIVE SUMMARY Recommendation to accept a donation from the Seminole Casino Hotel Immokalee for destination marketing and promotion. OBJECTIVE: Accept a donation on behalf of the Seminole Casino Hotel Immokalee. CONSIDERATIONS: The Seminole Tribe of Florida recently opened a new hotel on the grounds of the Seminole Casino in Immokalee. The hotel is the Seminole Casino Hotel Immokalee and is located on the Seminole Tribe Reservation. This location on the Reservation means that the hotel is exempt from collecting and paying the Collier County Tourist Development Tax on room sales. In recognition of the hotel's working relationship with the Tourism Division and our efforts to promote the activities at or near the casino and the special events that the Seminole Tribe brings to the community, the Casino Hotel would like to make a donation to Collier County in the amount of$25,000. This donation is voluntary as the Casino Hotel is not required by law to collect the Tourist Development Tax. The Tribe has requested, and the Tourism Division recommends that this donation be designated for use in destination marketing and promotion, Category "B" expenditures in support of special events at or near the Seminole Casino Hotel Immokalee in FY 16 that promote tourism. FISCAL IMPACT: The amount of the donation is $25,000 and should be deposited into Fund 184 to be used for destination marketing expenditures in FY 16. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. —CMG RECOMMENDATION: That the Board of County Commissioners accept a donation in the amount of $25,000 from the Seminole Casino Hotel Immokalee to be used for marketing and promotion of events at the Seminole Casino that promote tourism. SUBMITTED BY: Jack Wert,Tourism Director (4% --4 ,----2- 4-4 H" LO O.)00 (1.) 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C a_ ' N 13 03 UQOO _ _ .= E , cpa) ,_ O t qL > . . .N > Oa) •- Do r QN OQQQQmUUUOOOWLLOTOCr (AO) OHI- 5F- LO cr)coQ z F- N � 4 it °Q rf� r f 0 o � W V U � CL 0 Q as 2 0 Q II 0 / � I • 0 II MI _ r 0 •' 1 1 f .,sti. October 26, 2015 Tourism Staff Reports 10 a-g 1 of 52 DIRECTOR'S REPORT-Jack Wert September—October 2015 ADVOCACY ACTIVITIES Meetings with Comm. Taylor on TDC and BCC agendas DMAI Advocacy Committee Meetings Meet with Congressman Clawson on tourism issues Naples Chamber—Opportunity Naples Facilitation Committee meeting TOURISM INDUSTRY ACTIVITIES Meetings with Naples Chamber and Museum staff on new location for Downtown Visitor Center DMAI Accreditation Board Conference Calls New Collier County Employee Briefing Marco Specialist Fall Class on Tourism results SW Florida Attractions Assoc Presentation on tourism results TRADE SHOWS/TOURISM INDUSTRY CONFERENCES No conferences this period PUBLIC RELATIONS Naples Daily News and Fort Myers News Press interviews on August statistics PROMOTIONAL ACTIVITIES Met with event promoters for golf, football, Watercross and Bacon Festival for event support October 26, 2015 Tourism Staff Reports 10 a-g 2 of 52 GROUP SALES -Debi DeBenedetto - September 19, 2015 — October 19, 2015 Industry Relations — Sales • Assisted hotels and partners with CVB information and updates delegated • Luncheon with Successful Meetings to receive 6th Pinnacle Award for CVB Group sales • Planner tips put in sales plan and mailed out to partners • Working with Agenda pop to create an "App" for our Golf Fam • Conference Call with Cvent for future sales planning • Conference call with HPN for future sales planning • I made a new power point with hotels meeting specs so that is now available in one program • Taken over Florida State Association market and added this to my sales plan • Meeting with Paradise TV on Group Marketing coops with them and Sea Excursions • Meeting with Hyatt Place Sales team for collaboration New Product Development • Monthly newsletters complete and fulfilled • Continual proofing of Ad agency collateral and ads, newsletters and etc. includes advertorial • Prepare for upcoming shows Florida Encounter — hosting breakfast plan and travel plans • Meetings Focus and ITE at Sea travel plans and preparations • Golf Fam Save the date out and applications approved and communication ongoing with details and plans for Nov. 20-22 LPGA Golf Fam • Brainstorming for Cuba pre post ideas sales • Worked on planned development for media buys with agency • Created a new FaceBook page for meetings please like "Discover your meeting paradise" page October 26, 2015 Tourism Staff Reports 10 a-g 3 of 52 Trade shows attended • Smart Meetings show attended with meetings with 22 planners and brought back data base and leads. • ITE — Incentive Travel Exchange at Sea show attend Oct. 21-24 with one on one meeting with planners and lots of networking • Trade show list out to partners for 2016 sign up • Offered support and Rfp for IBC Meetings with NorthStar Media show summer 2016 (partners declined to bid) • All Trade show follow up complete includes post card mailer and email follow up —planners added to newsletter • Plan Your Meetings follow up to leads generation program— sent post card • Webinar leads fulfilled with postcard mailing Fams/Site Visits • Three site visits upcoming planned or escorted pending October — Thompson, Andress, Wong • Assisted several Meeting planners with information, Idss data base updates • Golf Fam Nov. 20-22 coming up Requests for Proposal (RFP's) and Booked Business • Current report dates — September 19, 2015 — October 19, 2015 • We sent out 15 RFP's —potential of over $6.2million EOC with room nights • Booking totals for report dates, 4 groups booked for 1,591 Room nights • Economic impact estimate for bookings this report date $1,065,531.96 • Open 79 RFP's current that are pending Sponsorships & RFP Enhancements —none this month • We had 0 enhancement requests for RFP submittals this period. Zero RFP with enhancements we reported booked by our partners. We had one sponsorship requests supported but partners declined it. October 26, 2015 Tourism Staff Reports 10 a-g 4 of 52 LEISURE SALES- Claudia Cianfero-September 18—October 16, 2015 Industry Relations —Sales — Memberships • Attended MLT University Sept 25-27, 2015. • Attended Sun Country Reception during MLT and met with Fort Myers Market Development Manager— Kurt Weingart • Sponsored beverage breaks at the FSAE Education Day October 14, 2015. • Planned itinerary for AVIAREPS Destination Review for new rep Lizandra Campanati and Marcelo Kaiser, GM visit October 25-29, 2015. • Working on Travel Weekly webinar for travel agents that sell Florida as a destination - scheduled for October 27, 2015. New Product Development • Registered for NY Times Travel Show—January 2016. • Ongoing proofing of Ad agency materials for consumer escapes newsletter, ads, etc. Sales Missions • Puerto Rico Travel Agent training and reception final plans for November 10, 2015. Co-sponsored with SunCountry, The Beaches of Fort Myers and Sanibel and Naples Marco Island CVB. Familiarization Trips • Hosted last minute JTB Brazil FAM October 10— 12, 2015. • Follow up done for: o Visit USA Austria FAM —September 10— 12, 2015. o Treasure Coast FAM (domestic travel agents) September 12 — 13, 2015. o Avianca Brazil FAM —September 13 — 16, 2015 • Final plans for Dertour Group 1 and 2 — November 17 — 19 and November 21 - 23, 2015. October 26, 2015 Tourism Staff Reports 10 a-g 5 of 52 • Finalized Raidho Brazil mini-fam November 30— December 2, 2015. • Working on itinerary for Marco Island Marriott German Tour Operator Product Manager FAM for December 2 —4, 2015. • Working on itinerary for Willy Scharnow (German Travel Agent FAM) December 8— 11, 2015. Established Contacts/Leads • Visited with 103 Travel Agents that came to my booth at MLT. All received Visitor Guides and opted in for e-scapes. October 26, 2015 Tourism Staff Reports 10 a-g 6 of 52 PUBLIC RELATIONS & COMMUNICATIONS - JoNell Modys, Erin Smith September/October 2015 Media Tampa Bay Times Laura Reiley—recommended 7th Avenue Social—Naples restaurant for review as she's driving through Naples on her way to Miami for a story, and requested new, interesting. FVW, America Journal (Germany) Holger Jacob—Hosted FAM, press kit, destination information delivered on FAM Business Observer Beth Luberecki—arrange JW interview on impacts of AirBnB rentals Business Observer Jean Gruss—JW interview on Marco Island Marriott News-Press—submit Collier Tourism Column, Cheeseburgers in Paradise News-Press—submit Collier Tourism Column, Fall for Fun and Stone Crab Season Keep it Canada Refer inquiry for vetting to LHA for Canadian Vice online show, Keep it Canada with Chef Matty Matheson to film fishing in the Everglades. Refer golf writer request to LHA for vetting for Debi's MP FAM. Declined. Palm Beach Woman Sarah Martin—discussing about assistance for Day Trip story for Palm Beachers. Washington Post Received editorial calendar alert from advertising rep. Directed LHA to seek submission of our latest destination info for Nov. 15 Florida section. Meetings Focus —Lisa Simundson Photos for roundup story for SW Florida Submarino Viagens (Brazile) Bruno Santiago Landrisina—custom image gallery for shopping and Brazilian Garden at Naples Botanical Garden for website coverage October 26, 2015 Tourism Staff Reports 10 a-g 7 of 52 Business Currents Theresa Morgenstern—provided custom list of independent hotels and contact for new GM at Naples Bay Resort. Travel TV (Austria) Claudius Rajchl -Approve request for video and photos of area beaches, 2015 Top Ten USA Beaches FAMs October 1-4: FVW, America Journal—Germany, Holger Jacobs October 29-31: planning for India FAM with VISIT FLORIDA November 5-8: planning for Fashion& Luxury Web 40 updates to listings, events and deals added Web Articles Fall for Fun and Stone Crab Festival Cheeseburgers in Paradise Naples Nightlife Projects/Tasks Update Scope of Services for PR RFP Meet with Travel +Leisure for Travel Agent Board event coming to Naples, ad support requirement Meet with Bon Appetit regarding Grub Crawl sponsored event Meet with new PR/Marketing representative for Culinary Concept restaurants Attend CCLTA meeting Participate with FBU/All American Games planning calls TDC meeting Participate in cuisine-focused VISIT FLORIDA Twitter Chat Lunch with Brazilian FAM group Tourism Awards pre and post PR, attend event Taste of Emeril event in St. Pete FADMO annual conference Governor's Conference on Tourism Photos for Chamber VIC advertisement Update VISIT FLORIDA listing for CVB Meet with Naples Airport Meet with Basketball Hall of Fame contact for April 2016 golf event October 26, 2015 Tourism Staff Reports 10 a-g 8 of 52 FILM OFFICE—Maggie McCarty PRODUCTIONS • Pelican Bay Communities-video and website Assisted with the production of a marketing campaign aimed at realtors .._ • Orion Entertainment/HGTV — tv show HGTV's popular show, "Tiny House, Big Living" about downsizing to the extreme shot at Delnor- Wiggins State Park and in downtown Naples • Paradiso Pictures-indie film Small independent film shot in Everglades City and in the Monroe Station parking lot • CVB Campaign/Paradise Advertising—print/video Assisted with locations, logistics and permitting for the 4-day shoot that included The Big Cypress, Marco Island, Fifth Ave. S., 3.d St. South and filming on the �� r1 water with a picture &chase boat ' `' t.The production team with photographer ) sr: •mr," ""'" Steve Beaudet scouting Fifth Ave. South , WORKING LEADS L 'a • Science Channel — TV show Working with a production co. out of San Francisco for a show, "Blood Sweat & Steel", which focuses on the science of construction. Grant Reynolds is the Host/Producer-very interested in a local structure that is using a unique construction technique. October 26, 2015 Tourism Staff Reports 10 a-g 9 of 52 • Volvo /USA-commercial Agency looking for a bridge or causeway for a car commercial (don't think we have an infrastructure that could meet their needs-directed them to Key West Film Commission. • Moving Picture - commercial Production looking for a "Midwestern Town Hall"for interior and exterior filming • "Battle of the Great Christmas Light Fight" — ABC TV series Producer interested in several local neighborhoods that go "all out" in the holiday spirit with trimmings and decorations. • Working Title — reality series Well-known L.A. production company has a set air date for their project which would need a trade-out in a large number of rooms during Jan.-March. Several hotel properties have been approached but the timing (which is inflexible) makes it very doubtful this project will end up here in 2016. • 495 Productions — TV reality series Producers scouted our area as a potential location for a 6-week reality series for CMT. Producer has said they are awaiting a "green light"from the network if the show will go forward in the near future. • "Dream Beyond the Sun"- on-line game show Production requested permit applications for both City of Naples and Collier County • The Weather Channel — tv show "Fat Guys in the Woods" is interested in several Collier locations for a future episode • Alaska TV- TV series for U.K. "Fishing Impossible" series is planning to shoot in 2016 October 26, 2015 Tourism Staff Reports 10 a-g 10 of 52 • Twentieth Century Fox - feature Due to principle actor's recent injury this feature has been put on an indefinite hold by the studio. • Once Upon a Dream Productions — indie film Project is still in development and financing phase • SON — indie film Working with Director on film budget and financing of their first project. • 25 — working title indie film No new start date set OPERATIONS • Issued film permits • Location library upload • Lead/inquiry response • Monthly Revenue Tracking • Client Management and follow-up • -Opened a production file for each inquiry • Provided content to social media • Prepping for Focus Show-creating photo backdrop for display • Working with other county departments to update Collier County Film Permit to include parameters of using drones for filming MEETINGS • Film Florida Marketing Committee • Met with representatives from Echo Aerials This company is one of very few in the state with a FAA exemption for commercial drone photography SCOUTS • CVB/Paradise Marketing photo campaign • Naples Zoo October 26, 2015 Tourism Staff Reports 10 a-g 11 of 52 EVENTS /TRADESHOWS • Film office was part of Film Florida commission at the Toronto International Film Festival. Our reception for filmmakers and talent proved very successful with even a few celebrities stopping by NAPLES INTERNATIONAL FILM FESTIVAL 21 FUNDM ' MEDIA • Attended annual Naples International Film Festival unveiling of this year's poster which was actually shot of Third Street South by local photographer, Michael Caronchi October 26, 2015 Tourism Staff Reports 10 a-g 12 of 52 SPORTS MARKETING—Parker Medley Development • Met with FBU representatives to start a weekly conference call • Met with Gio Conigliaro for a wrap up meeting from the Naples Sports Festival • Met with Martin Pahnke to discuss sponsorship opportunities for FBU • Met with Pete Tumbas to discuss lacrosse and soccer tournament in 2016 • Met with the US Open of Pickleball event organizers and took part in the graphic unveiling attended by Commissioner Donna Fiala • Conducted a site visit with the FHSAA concerning the Boys Volleyball State Championships being held in Naples, FL for 2016 &2017 • Attended the tourism star awards and awarded the sports star to Steve Quinn • Held monthly events meeting with Parks and Rec department • Talked to Lou Mengsol about sponsorship opportunities for US Sports Congress Conference • Attended Sports Council of Collier County meeting to discuss upcoming events • Met with Ernie Modugno about FBU National Championship • Met with Pete Seitz from Golden Gate High school to discuss FHSAA Boys Volleyball State Championships • Attended the NASC Market Segment Meetings in Colorado Springs and also took place in the CSEE continuing education course • Hosted the Naples Cup Soccer tournament which drew over 100 teams • Hosted the EWGA Southern Cup Qualifier in hopes to draw a national event in the future • Hosted the Pro Watercross World Championships which will be on CBS Sports which aired on 10/10 and 10/17 at 9 PM Hosted Events - September Event Date Attendees Room Est. Direct Spending Nights Naples Cup 9/18-20/2015 1,500 904 $900,000.00 Soccer EWGA 9/19-20/2015 128 150 $38,000.00 Southern Cup Qualifier October 26, 2015 Tourism Staff Reports 10 a-g 13 of 52 Pro Watercross 9/19-27/2015 275 1,100 $315,000.00 World Championships Totals 1,903 2,154 $1,253,000.00 Month By Month Comparison Month Attendees Room Nights Est. Direct Spending September 2014 1,675 1,109 $942,900.00 September 2015 1,903 2,154 $1,253,000.00 +228 +1,045 +$310,100.00 Year over Year Attendees Room Nights Est. Direct Spending -6,733 +2,318 -$703,725.00 October 26, 2015 Tourism Staff Reports 10 a-g 14 of 52 OMMAC- UK REPRESENTATIVES-Oonagh McCullagh Bon Voyage USA Consumer Event Participated with support for this focused for Bon Voyage, targeted repeat customers with the opportunity to inspire increased travel bookings. Additional activity will follow with the sales staff specific for our destination with an incentive. An estimated 500 consumers attended. MARKET UPDATE: Norwegian announce Cork airport to gain first ever transatlantic routes In a ground breaking and unanticipated announcement, Cork airport is to gain its first transatlantic routes with low-cost carrier Norwegian planning to serve Boston and New York from the West Coast of Ireland airport—up to five flights a week are planned to Boston from next May, with a New York service to follow in 2017. The new routes will be operated under Norwegian's Irish subsidiary Norwegian Air International and form part of the airline's plans for continued expansion in the UK and Ireland. The service will partly answer US critics that Norwegian's Irish registration was a flag of convenience. Norwegian CEO Bjorn Kjos commented that this marks the beginning of a new phase for the airline and its plans for new routes in Ireland, but that expansion relies on the US Department of Transportation approving Norwegian's application for a foreign carrier permit—the request faces strong opposition from established carriers against Norwegian's low fare plans. Routes from Cork to Boston and New York will be served by 737-800 and the new 737MAX for which Norwegian Air International will be Boeing's European launch customer - It is expected that there will strong demand for the new transatlantic services from both business and leisure passengers. Virgin Holidays opened its first v-room concept store to help spearhead expansion plans for the brand Virgin Holidays says it has launched its new v-room lounge stores to immerse consumers in the brand - the operator is set to open eight concept stores — branded Virgin Holidays—at destination shopping centres around the country by the end of this year. The launch at Bluewater shopping centre in Kent was chosen due to its strong catchment area credential for Virgin Holidays. The operator successfully operates a concession in the shopping centre's'House of Fraser'department store that was among its best-performing outlets in the country - staff will relocated to the new store. The store will be less transactional than the concessions on the high street with an integrated concierge service to ensure the mood of the store is positive and sensory. There will be less focus on point of sale promotion, no banks of desks and screens, and no offer/promo cards. October 26, 2015 Tourism Staff Reports 10 a-g 15 of 52 Using scented air conditioning, similar to Las Vegas hotels, customers will smell coconuts and sun cream as soon as they enter the shop. In addition to a bar area, a 'discovery wall'will feature a map with peepholes showing videos highlighting different products and destinations — a Virgin Atlantic Upper Class seat has also been installed following customer testing, which resulted in a 30% increase in customers upgrading to Upper Class. As well as investing in new stores, Virgin has refreshed 24 of its 50 'Debenhams'department store concessions with more to follow. Heathrow 'favourite' to win battle for new runway Ministers are determined to make a firm decision to approve a new runway in the southeast by the end of the year, with Heathrow expansion the clear favourite, it is being claimed. The government is expected to demand a ban on a fourth runway and for stricter night flight limits than currently operate if the west London airport is allowed to expand. The timing of the announcement by December will further fuel speculation that the government will opt for the west London airport, the Evening Standard reported. The Airports Commission, chaired by Sir Howard Davies, overwhelmingly backed another runway at Heathrow in July over a second runway at rival Gatwick. STA Travel signs distribution deal with airbnb STA Travel has become the first high street agent to sign a partnership with accommodation provider Airbnb. It means airbnb properties are now bookable through STA, both online and through an in-store referral programme. Starting with STA's UK operation, it is hoped the deal will expand to STA Travel customers in the US, Asia and Australasia. STA stores can't sell Airbnb properties directly because the booking agreement has to be directly between the host and the traveller. But first-time users can get a £20 voucher code from STA to use on Airbnb's site or a••. DATE SPECIAL EVENT LOCATION October GTMC planning day London October Expedia trade event London October Visit Florida co-hosted Visit Holidays Dinner Crawley November WTM UK leading Trade Show London MARKETING/SALES/PROJECTS &ACTIVITIES: October 26, 2015 Tourism Staff Reports 10 a-g 16 of 52 Visit Florida launches`Florida Friday': Florida Friday will be a weekly e-bulletin platform from Travelmole, aimed at the UK&Irish travel trade industry, in conjunction with strategic partner Hertz. Each issue of'Florida Friday' will present breaking news, topical and inspiring travel stories from across the Sunshine State plus ideas and offers from Hertz. The concept of'Florida Friday' is to provide inspiration, news and top tips to the UK travel trade industry. OMMAC will continue the close working relationship with Visit Florida &will provide our travel industry news. Destination update/fact sheet: Distributed the latest destination update/fact sheet to all key UK tour operators and industry partners. We advised that this is approved copy and may be used for marketing/promotional materials going forward. Bon voyage: As mentioned above participation with a USA consumer focused day & following up on staff incentive to encourage increased booking to our destination. Funway Travel brochure copy: OMMAC assisted with providing updated copy and images for their new brochure, which will launch this fall. Golfbreaks.com: New co-op campaign now currently running — will follow up on booking status & once completed — have requested fill backup report to track bookings. Travel Agents Online Training: Following up on launch which will fall into new budget year. All copy approval for our dedicated destination badge/module for the Agents Discovery Programme - USAdiscoveryprogram.co.uk— online travel agents training. Virgin Holidays: The new golf brochure is due to launch. Following up on proposal for co-op activity for increase the position &tactical offers for our destination. Ocean Holidays: Following up on recent co-op campaign — final billing complete with all additional backup. Recap/wash up report to be completed by Ocean —currently following up. US Airtours: Following up on activity for next budget year — with the aim to drive additional bookings during Paradise Coast low season. October 26, 2015 Tourism Staff Reports 10 a-g 17 of 52 TRADE EVENTS WTM, London: A major focus for this month has been the preparation for our participation at the trade show & for the co-sponsorship of the Visit Florida VIP trade & media dinner—our flagship UK event. Appointments are being made with all key UK&Irish tour operators and including our industry partner, Wendy Cole, Naples Beach Hotel to attend meetings alongside us. Visit Florida,Virgin Holidays'Family' Dinner: Preparation for participation with Visit Florida's"Family Dinner"in Crawley. Senior personnel from key functions across the business are being invited, from sales, purchasing, product, reservations, operations, marketing, and advertising. Distribution of marketing material Provision of ongoing assistance with literature requests for both trade & consumers. Currently requested a restock of literature for upcoming event &ongoing fulfilment. PUBLIC RELATIONS AND SOCIAL MEDIA ACTIVITIES: 1` 2 Social Media: Weekly channel updates. OMMAC continues to share posts across Facebook and Twitter OMMAC also followed key Facebook and Twitter in order to increase travel influencers on traffic to Paradise Coast UK Facebook and Twitter to expand our Twitter pages. Focus this month has social network—including included: travel offers, beaches, FilmTrail, Pippa Jacks, interactive map and Big Cypress. Kathryn Lawley and Alistair McKenzie The Daily/Sunday Mail Visit in Oct'15 - Working On-going — Itinerary almost complete. Ireland on fam trip for Philip Negotiated with Visit Florida &they have Quinn, Sports desk, agreed to pay for Philip's airline ticket. He writing for the travel will visit Kissimmee &the parks prior to section our visit&will depart via Miami. Also Visit Oct'15 working with American Holidays who will act as the call to action on the published piece. Accommodations confirmed - currently planning itinerary. October 26, 2015 Tourism Staff Reports 10 a-g 18 of 52 The Irish Independent Confirmed Saturday On-going —Conor Power is interested to Readership: .5m double page spread — travel with his wife —first visit to USA. Circ: 200,000 doing a piece for early Proposed date Nov'15. Online— largest in Ireland next year based around We are working with Visit Florida & Florida beyond the theme American Holidays to assist with flight. parks and perhaps using the Paradise Coast as an Visit Nov'15 - TBC area of focus. VIP Magazine — largest VIP Magazine has agreed On-going - Working on dates— possibly selling in Ireland to a 6-8 page feature with next April. Cir: Monthly sales 25,500 a contact we approached Visit Florida &American Holidays will Monthly readership: on family holiday in assist with this trip. 152,000 Florida! Plus cover feature Visit April '16 - TBC Sunday Times Travel Media meeting with Lucy On-going - OMMAC will follow up. Magazine Thackray in July - key destination news and activities of interest to her readership were provided Lonely Planet Traveller Lonely Planet Traveller will We have requested support via the CVB Circulation: 47,130 produce a large image-led PR office for accommodation for two Monthly magazine Florida feature in which guests,journalist&photographer—two they would like to feature rooms for two nights in November. Visit Big Cypress National Park. Florida will cover airfare. Dates TBC Visit Nov'15 date TBC They are looking to send a writer and photographer in November. Visit Florida will cover airfare and we are looking into securing two rooms for two nights. AOL AOL are working on a We provided information on the 100 year feature — Best Destinationsanniversary for the National Parks— for 2016. They require info Everglades. on why our destination is 'hot'for 2016 October 26, 2015 Tourism Staff Reports 10 a-g 19 of 52 Karen Banyon Thomas Required information on We sent Karen our latest destination Freelancer — outlets our destination to pitch update as well as a link to our image include: BBC Radio 5, BBC story angles into relevant gallery. We added her to our distribution Radio Wales, Granada TV media and for her new lists for all future releases. and BBC Breakfast travel blog A selection of Facebook and Twitter updates this month ■ Paradise Coast UK Published by Stephanie Buck[?] September 4 4; Make it a long weekend-stay two nights and get the 3rd free with @NaplesBchHotel http:/Jbit_N/1 KvaRfi#Holidaydeal#deals#Florida 3rd Night FREE at Naples Beach Hotel &Golf Club in Naples Free 3rd night with 2 nights'stay at The Naples Beach Hotel&Golf Club in Naples.FL STAB PAR.ADISECOAST.CO-UK sv r.-s-rs.•r�. ■ Paradise Coast UK Published by Stephanie Euc4 I?! Seotember 8 at 4:19pm Edited !?i xiL Planning your next trip to the Paradise Coast? Use our interactive map to plan your route. explore the region and discover the possibilities before you even arrive! http. .iparadisecoast co.ukmap Kiaa raneewv Ult.:. < > v - - Mele!uree Clearwatera Tampa s+Petersburg F L 0 Rd,O A si Sarasota + t Fort Myers d `teDort ' Bora Hawn Na-P 14) c °Fort v„G,i.i,rt Lauderdale Miami 0 r.e.ya#rx Marr,-4r Aerie r Keir 14,11 October 26, 2015 Tourism Staff Reports 10 a-g 20 of 52 ■Paradise Coast UK shared Big Cypress Gallery Adventures's photo F,imshe".^.Stepnanle Buck PI September..4 5:, .a Make sure to check out Big Cypress Gallery Adventures to learn more about the amazing flora and fauna the Paradise Coast is famous for.Find out where you can visit here-nttp:iibe.Fyn MtOFly .t ate / Big Cypress Geeery Adventures September'7 at,OOpm ra The Wood Stork is an Indicator species for the health of the Everglades ecosystem. An indlctator species is one with specific habitat requirements that be them... See More Paradise Coast UK paradisecoasruk Sep 11 Sea turtles,pelicans and seashells,join a nature cruise and visit the deserted islands of Paradise Coast bit.ly/1 UGFrYf Paradise Coast UK :aradlsecoastuk Sep a Use our new interactive map to explore Paradise Coast bitty/1 iavdOR EParadise Coast UK paradisecoastuk Sep 4 . Make it a long weekend—stay two nights and get the 3rd free with a @NaplesBchHotel bit.ly/1 KvaRfi #Holidaydeal#deals#Florida 1 Paradise Coast UK paradisecoastuk Sep 21 What does your commute look like this morning? #paradisecoast . .' IMP Vali I October 26, 2015 Tourism Staff Reports 10 a-g 21 of 52 DIAMONDE- EUROPEAN REPRESENTATIVES—Stefanie Paul,Ramona Oehler TOUR OPERATOR ACCOUNTS Key Accounts Tour Operator Achievement Cost Meier's Weltreisen, Approved the B2B newsletter teaser that was sent out on September 10, 2015. You Daniela Schaffer will find a copy attached. CANUSA Received the final reporting on the Florida marketing campaign. In total, the dedicated landing page has gathered almost 48,000 visitors, entailing 72% new visitors. Most of the visitors (43%) was directed to the landing page via social media. The average duration of the session was 4.5 minutes. The campaign has brought over 1,000 booking requests, 289 of them included the Paradise Coast, with an average value per booking of 5,000 €. Swiss Accounts Tour Operator Achievement Cost TUI Switzerland, Approved the layouts for the online marketing campaign, entailing a Yasmin Hunziker newsletter teaser, advertising window and feature in their B2B newsnet. Please find the layout attached. Benelux Accounts Tour Operator Achievement Cost Tenzing Travel, Secured a 2 nights stay of 2 Tenzing Travel Sales Manager in the area on September Melanie Modder 08-10, 2015. They did enjoy their time and got a good impression of the destination. Tenzing Travel had originally planned on October 26, 2015 Tourism Staff Reports 10 a-g 22 of 52 creating a first time Florida dedicated brochure. However, due to sickness of staff, they are likely to postpone the launch until next year. They have assured us though that the NAP portfolio will be extended in the USA brochure. Jetair, Secured and approved participation in USD 1,860 Jetair Travel Gazette, within the Florida Nele Degryse dedicated issue with 1 full page. It will be published in January with a circulation of 50,000 issues, distributed to travel agencies. FOX Vakanties, Secured participation with an advertorial USD 1,800 in their popular online magazine that is Monique van Agthoven published quarterly. We have secured a spot in the highly contested December issue, right when the busy booking season starts. Secondary Accounts Tour Operator Achievement Cost CRD, Approved the 1/2 page editorial in their Coffee Table Book that will be published Cornelia in fall 2015. To complement our editorial, Pregartbauer CRD has included one more hotel into their portfolio. They now do feature the Ritz-Carlton, Naples and the Inn on Fifth in their book. Please find a copy attached. Fairflight, Secured participation with 1 full page ad USD 500 in their dedicated Florida brochure for a Beatrice Erbert highly negotiated rate. The circulation is 2,000 issues. We have delivered the input and approved the layout. October 26, 2015 Tourism Staff Reports 10 a-g 23 of 52 Tour Consult Secured participation in a year-round USD 1 ,200 online /offline marketing campaign to a highly reduced rate. The campaign entails participation with one full page editorial in their USA book, online promotion of a dedicated Naples offer, year-round social media and the publication of 3 blogs. In addition, Tour Consult has doubled their NAP portfolio presence in their book, showing 2 full hotel pages in total! TRAVEL AGENTS Sales calls: Total of 47 personal visits to travel agents in Munich, Heilbronn, Mannheim and Karlsruhe. EVENTS Visit USA roadshow Switzerland o Dates: September 21-25, 2015 o Cities: St. Gallen, Luzern, Zurich, Bern, Lausanne, Geneva o Visit USA booth members: Ceasars Entertainment, Kansas&Oklahoma, Eagle Rider, St. Pete, Icelandair, Thomas Cook, Hotelplan, Knecht Reisen, Kuoni, Seaworld, Ft. Myers, Air France/KLM/Delta, United o Profile /Number of attendees: 300 o Feedback: It has once again been a very successful and highly efficient roadshow. This year, we have tackled 2 cities each day, 4 in the German part and 2 in the French part of the country. By full intent, we have also chosen secondary cities and the number of visitors has been great. They have been extremely interested in the US and we could also detect that they are very knowledgeable. The setup was in smaller workshops of 2 partners each talking to approx. 4-10 agents per round. This gave us the opportunity to answer any questions the agents had and cater our presentation exactly to what they wanted to know. October 26, 2015 Tourism Staff Reports 10 a-g 24 of 52 - - DiaMonde Dinner Event o Dates: September 03, 2015 o City: Cologne o Profile /Number of attendees: 26 total. The attendees were senior travel agents and travel agency managers from the greater Cologne area, many of them have been our supporters for many years. All of the agents were from high potential and very high potential travel agencies and highly specialized in luxurious leisure tourism products. o Feedback: The restaurant we chose secured phenomenal feedback among the Travel Agents. TAs commended on Wippn BKs food, the comments on atmosphere and service were 100% positive, Many TAs stated they did not know the spot before. Others mentioned they always wanted to go but never did so far. We also received phenomenal feedback for our presentation from the agents throughout the evening and even afterwards through personal thank you emails and phone calls. We do schedule an event in Cologne usually once a year however did not in 2014. Even more it was a great experience to still see the great support we receive from the travel agency community there. Even though on Sep 2, just one night before our event, there had been a DERTOUR deluxe evening in Cologne where the majority of the TAs attended as well, the TAs did spend their free evening to attend the DiaMonde event. Most of the agents are familiar with our portfolio and rather than general introductions, it is the details, the USPs that they are looking for when attending our events. All of them do have the clientele and experience to sell luxurious travel and sometimes it is a simple reminder or one of our stories that makes them offer our hotels over others. - - FTI roadshow with British Airways in Austria o Dates: September 30 - October 01, 2015 o Cities: Linz and Vienna o Partners: FTI, British Airways, American Airlines, Vueling, Philadelphia, Bahamas o Profile /Number of attendees: 37 o Feedback: The feedback we have received was excellent. The small number of partners and agents has enabled us to do a October 26, 2015 Tourism Staff Reports 10 a-g 25 of 52 detailed training on the destination and its USPs. Not many have been to Florida before and thus the agents have greatly appreciated the insights. Registrations / Preparations o Preparation for the Tenzing Travel Workshop in Amsterdam (Oct 15) o Preparation for the Jetair Insights Event in Brussels (Oct 15) o Preparation for the Visit USA Halloween Event (Oct 15) o Preparation for the Visit Florida Media Event (Nov 15) MARKETING Type of Activity Details Cost Facebook ad Finalized the facebook ad campaign with campaign werbemutig and received campaign reporting. It was the first time that we have tried the "new" facebook ads, where initiating bookings is the primary goal, rather than generating a greater fanbase. We are very pleased with the outcome. The campaign has generated 7 bookings with America Unlimited and five more are still pending. The ad has reached over 200,000 people and has reached almost 800 likes. Dutch B2C Mailing Secured a new B2C mailing in the € 2,520 Netherlands via Bell Marketing. We have received and approved the layout. The mailing is to be sent out to 360,000 recipients on December 19, 2015 Visit USA Secured the placement of Paradise Coast Newsletter news within the Visit USA B2B newsletter that was sent out on September 25, 2015 to 25,000 German travel agents and media. Please find the newsletter by following the link: http://53472.seul.cleverreach.com/m/6331162/ October 26, 2015 Tourism Staff Reports 10 a-g 26 of 52 Facebook # posts: 8 #fans: 7,260 MEDIA / PR - - Online Blogaer Sonja Weissner: Upon her return from Florida, she has published her first article about the Everglades in July already. Originally, she had planned to do only one for our destination, but as she has been highly impressed by the nature, she has decided to write 2 articles. The second one is now published: http://www.jo-igele.de/mit-einer- orincessin-on-tour-in-naoles/ Sonja Weissner remains within the top 4 travel bloggers in Germany. - - Ralf Johnen: After his travel to Florida earlier this year, Ralf has published a blog article about his experiences in Naples that also features his stay at the Marco Lakeside Inn. http://boardingcompleted.me/millionaersstadt-mit-mehrwert-mein-tag- als-voyeur-in-naples/ However, his main reason for the trip was writing a travel guide about Florida for the Merian Publishing House. The guide was published on September 3, 2015 and can be purchased for EUR 14.99. Provided JW with information about Merian and advised on an opportunity to place an ad in their Florida-dedicated December issue. - - America Journal: Provided information on the publishing house and details on the media to JoNell. - - Visit Florida B2C opportunity: Provided insights into the B2C campaign in cooperation with Germany's biggest newspaper "Die Welt" by initiating an extensive discussion with Visit Florida in Germany. We felt the cost for the ROI was very high. We have discussed our thoughts with JW, who has ultimately decided to pass on this opportunity. - - Doppio TV: We have been approached by Visit Florida with the request from a small German TV station who is seekin information on luxury travel / golf in Florida. We have passed on this opportunity to Erin and JoNell. October 26, 2015 Tourism Staff Reports 10 a-g 27 of 52 CONSUMER - - Brochure fulfillment: 7 in total OTHER - - Tiplist: Re-ordered our German and English version of the Insider Tiplist to be distributed during the upcoming events and shows. - - Willy Scharnow fam: Finalized the itinerary for the group coming to the destination on December 08-11,2015 - - Visit USA Austria fam: Secured the stay of the Visit USA Austria fam group in the destination on September 10 - 12, 2015. The group entailed the president of Visit USA, local tour operators and media. The feedback has been great and they have very much enjoyed their time in our destination. One by one, the media coverage will follow in the upcoming weeks. A first glance: https://www.youtube.com/watch?v=0fLnBO6LP1A HIGHLIGHTS IN OCTOBER - - Travel Agency Sales Calls in greater Stuttgart, October 07-09, 2015 ¢ Travel Agency Sales Calls in Ingolstadt, Augsburg, Regensburg, October 20-23, 2015 - - Tenzing Travel Workshop in Amsterdam, September 29, 2015 - - Jetair Insights Event in Brussels, September 28-29, 2015 - - Visit USA Member Meeting, September 30, 2015 - - Visit USA Halloween Event, September 31 - November 01, 2015 MARKET NEWS Economic Overview Germany The economic situation in Germany in September 2015 Germany's economy is intact in the late summer. Despite the external economic uncertainties relating to the financial market turbulence in some emerging economies, and only moderate global economic growth, the economic development in Germany is pointing upwards. October 26, 2015 Tourism Staff Reports 10 a-g 28 of 52 Global industrial output picked up somewhat in June. The stimulus derived from the emerging economies. However, indicators like the ifo Index for the world economy and the Markit Composite PMI do not signal any deep-rooted improvement. The latest financial market turbulence also suggests that the risks have tended to become greater, especially in the emerging economies. In the case of China, there has been a clear increase in the level of uncertainty about the state of the economy. The low oil prices are reducing the growth prospects of the raw-materials-exporting emerging economies like Russia and Brazil. Growth in the industrial sector remains moderate. Industrial output rose moderately - not least thanks to a favorable placing of holidays - and continued to trend upwards. Positive dynamism can primarily be seen amongst the manufacturers of capital goods: they have been expanding production for the last year. By contrast, the output of intermediate goods has been dropping appreciably since the beginning of the year. Overall, there was also a positive development in industrial turnover, particularly regarding foreign sales. The weak euro and the gradual recovery in the eurozone probably contributed to this. New orders remain at a high level and are also continuing to trend upwards. In view of the strong performance in the preceding months, the clear drop in foreign demand in July should not be over-interpreted. However, the ifo Business Climate Survey signals that the current debate about China and the sluggish rate of global growth might impact on Germany's exporters. Whilst - according to the ifo Business Climate Survey - the companies' assessment of the current situation is extremely good, their business expectations have become somewhat less positive in recent months. Consumer spending boosted the economy again in the second quarter. However, at +0.1 percentage points, its contribution to growth was smaller than in the preceding quarters. On the other hand, it started the autumn quarter well. The positive labor market development is continuing. Germany's active workforce grew by 160,000 (unadjusted), reaching almost 43.0 million people. (Source: bmwi) Merkel's Refugee Policy Divides Europe Germans long knew their chancellor as a rational, deliberate decision maker. But in the refugee crisis, a new Merkel has emerged, driven by empathy. Increasingly, it is looking like the emotion-driven Merkel is prone to error. By SPIEGEL Staff October 26, 2015 Tourism Staff Reports 10 a-g 29 of 52 We can do it. That's the message Chancellor Angela Merkel has been giving her country ever since she pledged in late August to provide refuge to anyone coming from Syria in addition to others seeking protection from violence and warfare. The initial euphoria in the country was significant, with tens of thousands of everyday Germans joining the army of helpers to try and cope with the huge influx of needy refugees. But there have since been signs that the initial elation is fading. The most obvious, of course, was Berlin's reintroduction of border controls on the German frontier with Austria a little over a week ago. But there have been others as well: Frustration in German states about insufficient federal assistance; grumbling within Merkel's party about her open door policy; and conflicts with the Social Democrats within Merkel's governing coalition. Indeed, Germany is struggling to maintain its composure and to ward off panic despite all the rising doubts. (Source: Spiegel September 21) Tourism Market Overview Germany DER Touristik DER Touristik parent group Rewe has completed the takeover of Kuoni's European tour operators after receiving competition authority approval from both EU and Swiss authorities. DER Touristik CEO Soren Hartmann stressed that the national brands and subsidiaries would be retained, and the German group wanted to create a European network while benefiting from contracting synergies. They will create a pan-European group of very strong tourism companies. Sales and the tour operator brands will remain national. (Source: FVW September 17) Schauinsland Reisen Schauinsland-Reisen has opened up the bulk of its summer 2016 program for travel agency bookings, including mass destinations in the Mediterranean. The tour operator's summer brochures are due to be sent to travel agencies at the end of October. (Source: Travel One September 15) October 26, 2015 Tourism Staff Reports 10 a-g 30 of 52 Kuoni 31 Kuoni course Kuoni: Clarification note to estimated net debt position It is the understanding of the Kuoni Group that the estimated net debt position at year-end 2015 is share price relevant and that the financial market made various different assessments based on the Half Year Results 2015. The purpose of this information is to clarify Kuoni Group's assessment and to specify statements made earlier. The net liquid fund position of the Kuoni Group amounted to CHF 132 million as per 30 June 2015 and after deducting the customer advance payments the net debt position amounted to CHF -468 million. The estimated net debt position for the year end 2015 involves various assumptions, in particular in relation to free cash flow, currency fluctuations as well as the execution and the closing of the sale of the tour operating activities in Europe and Asia. These transaction closings are expected in 2015 and these businesses will be deconsolidated accordingly. Further a normal development of free cash flow, comparable exchange rates and no further cash relevant real estate disposal, the estimated net debt position for year end 2015 improves to CHF -200 to CHF -250 million. DER Touristik DER Touristik has made an early start to summer 2016 by opening up bookings for some 1,150 hotels in major short- and long-haul destinations. The complete package holiday programme will be gradually made available by mid- October. October 26, 2015 Tourism Staff Reports 10 a-g 31 of 52 TUI has sold off its remaining shares in Air Berlin leaving just its commercial deal for 14 jets as the main financial relationship between the two companies. TUI gained a 10% stake in the airline in 2009 in exchange for Air Berlin taking over 14 jets on a 10-year lease but gradually reduced the holding over the last few years. (Source: FVW August 27) Destination America In the Americas, tour operators are hoping for continued good demand for the USA this winter and in 2016 following strong growth this year thanks to stable prices. awaii is the subject of new brochures from FTI and Thomas Cook. FTI has combined its Central and South America brochures into a single Latin America programme, added the Mexican Pacific Coast as a new destination and is offering Canadian skiing resorts. DER Touristik has launched a USA/Canada skiing brochure, added hotels and tours in Canada, while sister brand Meier's Weltreisen is offering tours of Columbia and Ecuador. (Source: FVW September 17) SAS expands with new direct routes to USA SAS is expanding and opening three new direct routes to USA in 2016. The new routes being launched are Los Angeles from Stockholm, Miami from Oslo and Miami from Copenhagen. SAS is also increasing the number of departures from Stockholm to New York and Chicago and between Copenhagen and Shanghai. That means that SAS will now offer over 330,000 additional seats on its intercontinental routes in 2016. SAS is investing in the future and strengthening its offer to Scandinavia's frequent flyers. In line with already published plans to expand its long haul fleet, SAS is today announcing three new direct routes; Los Angeles from Stockholm, Miami from Oslo and Miami from Copenhagen. Miami is an attractive destination for Scandinavian travelers, especially in the winter months. Miami is also a large hub for traffic to Caribbean and Latin America. Furthermore Miami is also the number one cruise liner port in the world and an important trade center. The first flights to Miami are expected to lift off in fall 2016 and the Miami route will have a daily departure from Scandinavia. (Source: Travel Inside August 24) October 26, 2015 Tourism Staff Reports 10 a-g 32 of 52 Lufthansa: Protests fail to stop GDS booking fee Wide-ranging protests by German travel agents and corporate customers have failed to stop Lufthansa from introducing its controversial €16 GDS booking charge this week but many are now threatening to switch bookings to other airlines instead. All bookings for flights on Lufthansa, Austrian, Swiss and Brussels Airlines (but not Germanwings or Eurowings) made through one of the GDS systems such as Amadeus cost an additional €16 fee while fares for direct bookings have been left unchanged. Lufthansa says the new Distribution Cost Charge (DCC) is necessary to compensate for the high costs of GDS bookings but at the same time it also wants to use the price difference to drive passengers towards more online bookings directly from its website.ln response, many German travel agents are threatening to book with other airlines as much as possible. Agency consortium Aerticket, an important sales partner for many airlines, claimed that the special Lufthansa 'Agents Site', created for direct bookings, prevented agents from comparing Lufthansa prices with other carriers, forced them to make all booking changes via a Lufthansa call centre, and effectively handed over customer data to the airline. (Source: FVW September 3) Swiss Air Lines Basel-based Swiss International Air Lines AG is Switzerland's quality airline. SWISS operates flights via its main hub, Zurich, and the regional airports of Basel and Geneva, its fleet serving numerous European and international destinations. In winter 2015/2016 they will extend their flights from Zurich to Miami. Flight connections ZRH-MIA (LX066) 109:45-14:10 1,3,5 28.03.-04.05. 09:45-14:10 1,5 06.05.-23.05. i I X09:45-14:10 3 11 .05.-25.05. Flight connections MIA-ZRH (LX067) October 26, 2015 Tourism Staff Reports 10 a-g 33 of 52 11-6750-08:10 28.03.-04.05. 11- 50-08:10 11,5 16:50-08:10 3 11 .05.-25.05. (Source: Travel Inside September 09) October 26, 2015 Tourism Staff Reports 10 a-g 34 of 52 BRAZIL REPRESENTATION-AVIAREPS-Marcelo Kaiser MARKET INFORMATION • A study made by the Federation of Goods, Services and Tourism in Sao Paulo showed that 60% of searches for travels made by the internet are resulted in purchases directly in the website. • According to Hotel Price Index, the United States is still the main travel destination for Brazilians, with Florida on top of the list. TRADE Leisure Sales Calls/Meetings Name Market Company Objective al Kelly Maldonado Participated in FAI vendasigu @frt.tur.br BR FRT Operadora -TO Florida to develc Will fol Cilene Baldasin Participated in FAI Florida to develc Cilene @mmtgapnet.com.br BR MMT Gapnet-TO Will fol Janina Nascimento Participated in FAI Florida to develc Janina.nascimento @agaxtur.com BR Agaxtur—TO Will fol .br Kelly Karsten Participated in FAI Florida to develc Kelly.karsten @orienter.com.br BR Orinter—TO Will fol October 26, 2015 Tourism Staff Reports 10 a-g 35 of 52 Joelma Martins Participated in FAI Florida to develc Joelma.martins @avianca.com BR Avianca —Airline Company Will fol Contact made at Alcides Neto interested in at BR Clube Turismo -TA sorocaba @clubeturismo.com.br region so we SE inform Valderes Boro Contact made a BR Val Dreams-TA received some ir val @valdreams.com.br gc Marcia Souza Contact made at BR All Going-TA Marcia.souza @allgoing.com.br already sent Ohana Fernandes Contact made at BR interested in diffe ohana @athenasturismo.com.br Athena Turismo-TO the rE Denise Amorim Contact made a deniseamorim @besttripturismo. BR Best Trip Turismo -TA received some ir com hotels in t Marcos Souza Requested cor Souzaturismo.comercial@live.co Souza Viagens e Turismo-TA ouzaturismo.comercial @live.co Paradis m Eduardo Contact made at BR NH Viagens -TA Silvaeduardo @nhviagens.com.br material ha. Jane Rodrigues Contact made at BR Opium—TA opium @opium.tur.br material ha. October 26, 2015 Tourism Staff Reports 10 a-g 36 of 52 Luis Alberto Pestana Not interested to BR Lap Tour-TA Orland laptour @yahoo.com.br Eliane Abdala Contact made at BR V.A Turism -TA veravaturismo @gmail.com material ha. Rayssa Picado Contact made at BR Picado Tur-TA picadotur @gmail.com material ha. Gisele Rezende Contact made at BR First Class Viagens-TA gisele @firstclassviagens.com.br material ha. Cesar Vitoriano Contact made a BR Shabatour Viagens-TA requested some i viagens @shabatour.com.br attractions in t Contact made at Marcus Almeida BR Florin —TA material ha. Contact made a. Alexandre Andrietta requested some i BR Trip World—TO alexandre @tripworld.com.br ecotourism and destin Alessandra Bastos Contact made at lunaturismo @goiaslunaturismo.c BR Luna Turismo -TO material ha. om.br Contact made at Suelen Samara material has been BR 9000 Turismo-TO suelen @9000turismo.com.br schedule a me miss October 26, 2015 Tourism Staff Reports 10 a-g 37 of 52 Contact made at Celene Camargo interested in rece BR Nice Via Apia -TO celene @niceviaapia.com.br about shopping the desi Marco Antonio Moreira Contact made at marcoantonio @poltronalbauru. BR Poltrona Turismo -TO interested in rece com.br about hotels Contact made a Mario Filho BR Aero Vias Brasil -TO start follow ur mate Gerson Morais Contact made a BR Vitta Turismo-TO start follow ur gerson @vittaturismo.com.br mats Alberto Muhle Requested cor BR Martann Turismo -TA Alberto_martann @yahoo.com.br Paradis Rosa Sakai Contact made at BR Flamboyant—TA interested in rece flamboyant @uol.com.br about hotels Ricardo Chaibud Contact made a BR Brothers Tour-TA requested some i rcardo@brotherstour.com.br attractions in t Eduardo Silva Contact made a BR NH Viagens -TA received some it eduardo @nhviagens.com.br gc Maria Luiza de Anunciagao Contact made at BR One Tur—TO material ha. malu @onetur.com.br October 26, 2015 Tourism Staff Reports 10 a-g 38 of 52 Jorge No Herzka Not interested to BR Hyva Tours-TO Orland jorge@hyvatours.com.br Contact made at Pedro Galvao interested in recE BR Atlas Turismo-TA contato @atlasturismo.com about shopping the desi Rosani Aguiar Contact made at BR New Age-TO material ha. rosani @newage.tur.br Monique Soares Contact made at interested in at Monique.soares @agentetamviag BR TAM Viagens -TO region so we SE ens inform Debora Parisi Contact made at BR Cafi Tour-TA operacional2 @caftour.com material ha. Mauricio Teixeira Requested cor BR Villas Turismo -TO mauricio @villasturismo.com.br Paradis Wandercy Fonseca Contact made at BR Alfatur—TO already sent of wandercy@alfatur.com.br informatior Henrique Orico Contact made a BR Rick Tour-TA start follow uj ricktourviagens @gmail.com mate Ana Claudia Galdi Contact made at BR Flytour—TO Anagaldi.brw @flytour.com.br material ha October 26, 2015 Tourism Staff Reports 10 a-g 39 of 52 Antonia Lopes Contact made at BR Alopes Turismo -TA alopesturismo @hotmail.com material ha. Samanta Martin Requested cor BR Conception -TA concep @uol.com.br Paradis Contact made a. Paula Schillbach requested some i BR Lotus Travel -TO paula@lotustravel.com.br ecotourism and destir Contact made a Maria Tereza Dal Monte BR Royal Turismo-TO start follow tar mats Marcos Thomaz Contact made at BR NDA Turismo -TA ndaturismo @terra.com.br material ha Not interested to Marcio Duarte BR Turismo em Orlando -TA Orland Bruno de Almeida Contact made a BR IM&M Turismo -TA immturismo @immturismo.com.b requested some i ecotourism and r destir Jair Rodrigues Martins Contact made at BR W Travel -TA jair @wtravel.com.br material ha. Juliana Medina Contact made at BR Voe Mais Tour-TO already sent 01 juliana @voemaistur.com.br informatior October 26, 2015 Tourism Staff Reports 10 a-g 40 of 52 Ivan Passini Contact made a BR Interglobe Turismo -TA start follow ur ivan @interglobeturismo.com.br mats Michelle Bacalhao Contact made at primeviagens @primeviagens.tur. BR Prime Viagens-TA interested in recE br about hotels Maria Perpetua Requested cor BR Continental Viagens-TA perodrigues @hotmail.com Paradis Valdir de Souza Pinto Contact made at BR Galilelo Tur-TA galileoturismo @gmail.com material ha. Contact made a Andrea Beverari requested some i BR Cafi Tour-TA operacional @cafitour.com ecotourism and destir Marisa Gordon Requested cor BR Gordon Travel -TO marisa @gordontravel.com.br Nar Francisco Figueiredo Requested cor BR Terra Nossa -TO francisco @terranossa.com Nai Ana Cristina Prates Contact made at anacristina @todayviagens.com.b BR Today Viagens-TA have sent our m2 r going to schec Maryanne Ferreira Contact made a requested some i mary @boutiquedeviagens.com.b BR Boutique de Viagens -TA ecotourism and r destir October 26, 2015 Tourism Staff Reports 10 a-g 41 of 52 Paulo Silva Contact made a BR Jornal de Turismo—Travel Press start follow tar redacao @jornaldeturismo.tur.br mats Andre Afonso Contact made at BR Zila Tur—TA zilatur @yahoo.com.br material ha. Criss Lopes Contact made at BR Personal Travel -TA already sent of Crisslopes09 @hotmail.com informatior Solange Souza Contact made at BR Sol Viagens -TA solviagens @live.com material ha. Fernando Guandalini BR Guandas Turismo-TA fernando@guandasturismo.com. Contact made at material ha. br Contact made a Neucedir Valerio requested some i BR Ecomar Viagens-TA ecomarviagens @gmail.com ecotourism and destin Paula Mazza Contact made at BR Stampa Turismo -TO have sent our mz. paula @stampaturismo.com.br going to schec Silvana Gatti Requested cor BR Vamos Viajar-TA vamosviajartur @outlook.com Paradis Maria Helena Vasconcelos BR El Shadai -TA elshadai @elshadaiturismo.com.b Contact made at material ha. r October 26, 2015 Tourism Staff Reports 10 a-g 42 of 52 Ana Paula Portes Contact made at BR Habitat Natural Turismo-TA already sent ou contato @habitatn.com.br interested in h, Aline Boumaza Contact made at produtos @interlakenoperadora.c BR Interlaken -TO material ha. om.br Maria Jose Contact made at BR Beteltur—TO have sent our mE maria @beteltur.com.br going to schec Angela Duarte Contact made at BR Brazilusa —TO contato @brazilusa.com.br material ha. Mario Raiol Contact made at BR Dinastur—TO already sent of mario @dinastur.com.br informatior Contact made at Carla Almeida BR Me Leva Tur-TA material ha. Fernando Pedro Santos Contact made a BR Dia Pleno Turismo -TA start follow uK Dia.pleno.turismo @gmail.com mats Gabriel Moisesian Contact made at BR Interbuzios-TA already sent of gabriel@interbuzios.com informatior Marcio Pandolfi Requested cor BR Rosatur—TO marcio @rosatur.com.br Paradis Sofia Helena Vicente Contact made at BR Softour—TA material ha October 26, 2015 Tourism Staff Reports 10 a-g 43 of 52 Diassis Holanda Contact made at BR Harabello -TA diassis @harabello.com.br material ha. Leiliana Arruda Contact made at leiliana @affinityassistencia.com. BR Affinity—TA have sent our m� br going to schec Jurema Celia Machado Contact made at BR Voe Tur—TA jceliamachado @yahoo.com.br material ha. Contact made at Nathalia Marcato interested in at BR Catamara Turismo-TA nathalia@catamaratur.com.br region so we SE inform Contact made at Jose Manuel Dias already sent our BR Agencia de Turismo Sao Vicente-TA svtur @kingnet.com.br we are requesting a trai Silvia Ranaldi Contact made at BR TA Travel -TO silvia @tatravel.com.br material ha. Promotions (Joint Marketing Activities—JMA's) Tour Operator Name Market Description—Coop Actions CVC BR The proposal is finalized. CVC will now move forward with actions (Advertising on Me Radio and CVC Website; Brochures and Training). October 26, 2015 Tourism Staff Reports 10 a-g 44 of 52 B2W/Submarino.com BR The proposal is finalized. B2W will now move forward with actions (Advertising c Website; Banner Reader; Newsletter; Banner Header—Super Banner). Orinter BR The proposal is finalized. Orinter will now move forward with actions (Advertising in P< Road Show, Mailing and Social Media). Shows/Sales Missions/Fern Trips (Media and Trade)/Other Name Market Description PBC BR Sales + Media Mission ABAV 2015 Highlights MEDIA Media Meetings Name Publication/Media Market Objective&Meeting Follow Notes Up Travel against cancer project; will send Paty Matos Blogger Travel/luxury details. Will be Ongoing traveling on Nov. press trip Barbara Lima Cosmopolitan Women Develop editorial Ongoing projects for 2006 Daniel Nunes Blogger Travel Is developing the Ongoing soiree for Travel, a October 26, 2015 Tourism Staff Reports 10 a-g 45 of 52 project involving destinations and top chefs Met during ABAV in Paulo Miranda Brasil Travel News trade order to have special Ongoing features on 2016 Will meet next week Companhia de to discuss tv show's Nina Salomao Travel/tv show Ongoing Viagens agenda for 2016 and travel to PC Met at ABAV. Will develop an agenda to Roberto Maia Qual Viagem Travel Ongoing visit PC in the beginning of the year Met during ABAV in order to have a special Juliana Pessoa Viagens S/A Business Travel Ongoing feature for 2016. Will check dates for travel Met during ABAV for Daily editorial projects in Edu Gregori Correio Popular newspaper/ 2016 during media Ongoing travel section mission. Was invited to Nov. press trip Digital travel Waits for details on Paulo Mancha SP Destino Ongoing mag Bacon Fest Met Brazilian most awarded travel writer Mari Campos Travel Writer travel Ongoing to invite for Nov. press trio Sylvia Barreto Travel writer Travel/fashion Travel writer and plus Ongoing size model will be October 26, 2015 Tourism Staff Reports 10 a-g 46 of 52 meeting to develop special fashion/travel projects. Waits for details on Bacon Fest After ABAV Send information about Will TV show Alex Ruivo Travel/lyfestyle their new magazine follow presenter for Sorocaba, Sao up Paulo Countryside Reporter for time out waits on details of bacon fest and Gracita Kerr Time Out Guides/travel Ongoing restaurant week for a special post on PC gastronomy Will meet publisher of segmented luxury Marilia Muy Publisher luxury publications to Ongoing develop special projects for 2016 Met at ABAV. Will be meeting with event Fabiana Carneiro PR CVC Tour operator Ongoing and media depat. For media co-ops in 2016 To Requested images of Laura Capanema TAM Mag Board mag released Stone crab. on Oc. October 26, 2015 Tourism Staff Reports 10 a-g 47 of 52 MV Mb 4Z*t``' yam' A a �` dy' tk #` <a 'k 5 ,;mom v ? ' -t ,;,_ 1.r MEDIA RESULTS .. _.L. . ,A' .� 0 -a -„:- MEDIA SUBJECT PUBL. DATE AEV USD CIRCULATION http://correio.1 rismo/367945- Correio Popular Campinas Stone Crab Naples 8/30 9.430,00 850.000 stone-crab-fest http://youmusi You Must Go Sophisticated Florida 9/7 7.300,00 40.000 florida/a-sofisti Absoluta Online Stone Crab Naples 9/10 2.298,00 150.000 http://absoluta http://www.ab Absoluta Online Next Vacation 9/16 2.298,00 150.000 frias Viaje Mais Stone Crab Naples 9/30 227.000,00 60.000 in print Brazil Travel News Top Naples Golf 10/1 40.564,00 35.000 in print Brazil Travel News Top Golf Shops 10/1 7.432,00 35.000 in print Brazil Travel News Top Spas: Marco Island 10/1 7.432,00 35.000 in print Agenda do Viajante Waterside shops 10/1 3.287,00 15.000 in print TOTAL 307.041,00 1.370.000 NEXT MONTH PLAN —October 2015 Company Action B2W/CVC/Orinter Move forward with co-op actions Social Media Last adjustments for translations/ Flammo's launching October 26, 2015 Tourism Staff Reports 10 a-g 48 of 52 AVIAREPS Activities Follow up with ABAV contacts. October 26, 2015 Tourism Staff Reports 10 a-g 49 of 52 VISITOR CENTER REPORTS-Lori Lou Waddell September 11, 2015 through October 16, 2015 • Scheduled FAM Trip for Marco Island Princess Tuesday, December 8, 2015 • Scheduled FAM Trip for Von Liebig Art Center Monday January 25, 2016 • Scheduled FAM Trip for Everglades Area Tours for December 15, 2015 • Scheduled FAM Trip to Corkscrew Swamp Sanctuary& Blair Audubon Center January 5, 2016 • Scheduled FAM Trip for NT & T to Everglades City for October 29, 2015 • Scheduled FAM Trip for Residence Inn of Naples for February 1, 2016 • Verify FAM to Sugden Theater November 17, 2015 • Meeting with MHK Architects regarding interior design for rail car September 15, 2015 • Attend Concierge Meeting at Waterside Shops September 15, 2015 • Attend Tourism Star Awards Luncheon and present VIC Award September 16, 2015 • Attend Business After Five at Sam Snead's Lely Resort September 17, 2015 • Attend Excellence in Industry Awards September 16, 2015 • RSVP to judge adult costume contest on Fifth Avenue at Spooktacular Oct 31, 2015. • Attend Fifth Avenue BID Committee Meeting September 23, 2015. • Visit Everglades VIC, Big Cypress and Oasis September 24, 2015. • Continuing Education Program & Certification: Completed VCB Guests First Program and passed the AHLA Educational Institute CGSP exam • Continuing Education Programs & Certification: Completed VISIT Florida continuing education program= 12 credits from ACTA for 4 modules=Florida Beaches, Florida Active LifeStyles locations, Florida Family Specialist, Wedding and Honeymoon Destinations in Florida. • Continuing Education Program & Certification: Visit Florida& Florida Restaurant Lodging Association-The Power of One &Resolving Guest Conflict. • Delivered Paradise Coast Visitor Guides, Maps & Spanish, Portuguese, German guides to Third Street South Concierge Stand. • Delivered Paradise Coast Visitor Guides to Everglades VIC • Immokalee VIC is moving from current location. • Attend TDC Meeting September 28, 2015 • Attend CCLTA Breakfast September 29, 2015 • Attend launch for"Dine239" October 7, 2015 (Naples Illustrated publication) • Ordered Paradise Coast Visitor Guides and Maps for Big Cypress and Oasis VICs October 13, 2015 October 26, 2015 Tourism Staff Reports 10 a-g 50 of 52 • Attend Rail Car meeting October 16, 2015 • RSVP Attend 5th Avenue South Volunteer Coordination Lunch October 20, 2015 • RSVP Sports Council Meeting for October 21, 2015 • Manage daily operation of Naples VIC and staffing. • Update Calendar of Events, brochures, VIC Vol Schedules and Distribute. Big Cypress Oasis Everglades Immokalee Marco Naples YR Total Jan-11 5034 12055 2220 125 1007 2736 23177 Jan-12 6401 13,601 11,000 198 1033 5285 37,518 Jan-13 5736 13,941 9225 1163 4777 34,842 Jan-14 7,014 13,499 11,185 91 1663 4,018 37,470 Jan-15 7,049 12,996 15,840 92 1126 4,073 41,176 Feb-11 6986 15,564 2881 194 1546 4363 31534 Feb-12 7943 17,595 12,840 227 1465 5099 45,169 Feb-13 7950 13,542 8424 1105 1404 4488 36,913 Feb-14 7990 13,906 13,012 198 1950 5046 42,102 Feb-15 7,909 14,872 12,483 134 1346 4394 41,138 Mar- 11 5984 15,101 3100 195 1376 2872 28,628 Mar- 12 7226 16638 18,300 361 1011 3774 47,310 Mar- 13 8693 13632 12,991 402 1559 3774 41,051 Mar- 14 8,307 15,559 17,180 517 1,952 4377 47,892 Mar- 15 7,773 15,093 18,133 142 975 4175 46,291 Apr-11 3297 8810 2575 189 520 2018 17409 Apr-12 4308 9603 10,810 367 482 3112 28,682 Apr-13 5250 8389 8675 1200 750 2473 26,737 Apr-14 5,146 9,596 11,021 81 1,033 2409 29,286 Apr-15 4,847 10,285 7,569 165 554 1774 25,194 May- 11 1778 5492 1600 186 448 1656 11160 May- 12 2360 5660 5435 315 529 1595 15894 ###### 3009 5730 5275 350 473 1436 16,273 ###### 2,709 5,657 5,813 88 668 1,587 16,522 October 26, 2015 Tourism Staff Reports 10 a-g 51 of 52 ###### 2,674 7,906 4,040 390 1,132 16,142 Jun-11 1881 4796 2235 155 445 1286 10798 Jun-12 1972 4185 4250 210 303 1299 12,219 Jun-13 2254 4153 4166 189 354 1376 12,492 Jun-14 2405 4525 4,588 41 475 1123 13,157 Jun-15 2,776 6,127 3,589 . .' :- 385 962 13,839 Jul-11 2182 6024 5189 185 573 1629 15782 Jul-12 2417 5609 5893 250 340 2015 16,524 Jul-13 2431 4253 6835 62 413 1703 15,697 Jul-14 2,960 5,367 3,552 40 497 1,762 14,178 Jul-15 3,284 7,541 4,223 60 296 1,474 16,878 Aug-11 1895 3999 4577 207 463 1867 13008 Aug-12 1658 3991 6549 345 390 1128 14,061 Aug-13 1757 3800 5169 119 385 1316 12,546 Aug-14 3,049 5,576 5,866 74 314 1,137 16,016 Aug-15 2,627 5,751 3,735 120 387 605 13,225 Sep-11 1268 3881 3196 220 279 1104 9948 Sep-12 1191 3029 3893 200 268 1279 9860 Sep-13 2534 1198 3441 392 1206 8771 Sep-14 1746 3074 2402 327 1322 8871 Sep-15 1479 3206 2131 124 276 294 7510 Oct-11 1704 5459 5035 237 481 2481 15397 Oct-12 1804 4296 5683 150 306 2095 14334 Oct-13 917 2315 5206 476 501 1610 11025 Oct-14 2942 5791 2636 118 439 1809 13735 Oct-15 Nov-11 2743 7734 6200 357 647 2517 20198 Nov-12 3024 7669 6816 170 530 2263 20472 Nov-13 10,510 7,407 7,022 598 513 2105 28,155 Nov-14 4,026 8,298 3,739 373 484 2168 19,088 Nov-15 Dec-11 5739 13,851 7962 327 682 2399 30960 Dec-12 3925 11,193 7984 180 540 2547 26369 Dec-13 5363 10,079 7391 461 543 2730 26567 October 26, 2015 Tourism Staff Reports 10 a-g 52 of 52 Dec-14 6364 9,360 8,341 350 486 2,663 27564 Dec-15 2011 40,491 102,766 46,770 2,577 8,467 26,928 227,999 2012 44,229 103,069 99,453 2,973 7,197 31,491 288,412 2013 56,404 88,439 83,820 4,962 7,937 28,994 270,556 2014 54,658 100,208 76,336 1,971 9,256 28,421 270,850 YTD 2015 40,418 83.777 71,743 837 5,735 18,883 213,883 Ootobor 26, 2016 Naples Marco Island Everglades CVB Detailed Staff Reports 11 Task Report 1 of 62 Closed - Beteween9/19/2015 - 10/19/2015 Task Assigned User: Debi DeBenedetto Create Account Name Task Type Status Due Date Closed Date Closed by User Date Contact Name 9/24/2015 Ag Processing Inc General Note Closed 9/24/2015 9/24/2015 Debi DeBenedetto The status chanoed on this event today. 9/29/2015 Ag Processing Inc Event Note Closed 9/29/2015 9/29/2015 Debi DeBenedetto The Event Lead has been re-opened for the Lead Tvpe of Accommodations. 9/29/2015 Ag Processing Inc Event Note Closed 9/29/2015 9/29/2015 Debi DeBenedetto An uodate note was created today. 9/29/2015 Ag Processing Inc General Note Closed 9/29/2015 9/29/2015 Debi DeBenedetto The status chanced on this event today. 9/25/2015 Asphalt Institute General Note Closed 9/25/2015 9/25/2015 Debi DeBenedetto The status chanced on this event today. 9/25/2015 Asphalt Institute RFP sent to partner Closed 9/25/2015 9/25/2015 Debi DeBenedetto Kali Andress 859-288-4964 9/28/2015 Asphalt Institute Event Note Closed 9/28/2015 9/28/2015 Debi DeBenedetto An uodate note was created today. 10/9/2015 Asphalt Institute Event Note Closed 10/9/2015 10/9/2015 Debi DeBenedetto An uodate note was created today, 10/9/2015 Asphalt Institute General Note Closed 10/9/2015 10/9/2015 Debi DeBenedetto An Itinerary was created on this event today. 10/19/2015 Asphalt Institute Email Sent Closed 10/19/2015 10/19/2015 Debi DeBenedetto Kali Andress 859-288-4964 gyp:0> 9/25/2015 ConferenceDirect/M. Klinkradt General Note Closed 9/25/2015 9/25/2015 Debi DeBenedetto The status chanced on this event today. 9/25/2015 ConferenceDirect/M. Klinkradt General Note Closed 9/25/2015 9/25/2015 Debi DeBenedetto The status chanced on this event today. 9/28/2015 ConferenceDirect/P. Lackland General Note Closed 9/28/2015 9/28/2015 Debi DeBenedetto The status chanced on this event today. 10/1/2015 Experient/D.Steele General Note Closed 10/1/2015 10/1/2015 Debi DeBenedetto The status chanced on this event today. *Task is assigned to multiple people Printed: 10/19/2015 Copyright©2004-2015 iDSS.All Rights Reserved. Page: 1 of 3 October 26, 2015 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date Closed Date ti 6d by User Date Contact Name 9/30/2015 HelmsBriscoe/B.Busak General Note Closed 9/30/2015 9/30/2015 Debi DeBenedetto The status chanced on this event today. 9/30/2015 HelmsBriscoe/B.Busak RFP sent to partner Closed 9/30/2015 10/1/2015 Debi DeBenedetto Barbara Busak 303-918-4126 bbusak@helmsbriscoe.com 10/2/2015 HelmsBriscoe/B.Busak Event Note Closed 10/2/2015 10/2/2015 Debi DeBenedetto An update note was created today. 9/21/2015 Kansas City Metropolitan Bar RFP sent to partner Closed 9/21/2015 9/21/2015 Debi DeBenedetto Association Vickie Schatz 816.474.4322 vschatz@kcmba.org 9/21/2015 Kansas City Metropolitan Bar Assist Meeting planner Closed 9/21/2015 9/21/2015 Debi DeBenedetto Association -sales kit email photos or video From:Vickie Schatz 9/21/2015 Kansas City Metropolitan Bar General Note Closed 9/21/2015 9/21/2015 Debi DeBenedetto Association The status chanced on this event today. 9/21/2015 Kansas City Metropolitan Bar General Note Closed 9/21/2015 9/21/2015 Debi DeBenedetto Association The status chanced on this event today. 9/22/2015 Meeting Professionals International General Note Closed 9/22/2015 9/22/2015 Debi DeBenedetto South Florida Chapter The status chanced on this event today. 9/29/2015 Naples Grande Beach Resort Followup Call Open 10/29/2015 Will Cornwall 239.594.6009 Wcornwall@naplesgrande.com 9/21/2015 Naples Grande Beach Resort General Note Closed 9/21/2015 9/21/2015 Debi DeBenedetto The status chanced on this event today. 9/29/2015 Naples Grande Beach Resort Rfp enhancement granted Closed 9/29/2015 9/29/2015 Debi DeBenedetto Will Cornwall 239.594.6009 Wcornwall@naplesgrande.com 9/29/2015 Naples Grande Beach Resort General Note Closed 9/29/2015 9/29/2015 Debi DeBenedetto The status chanaed on this event today. 9/28/2015 Naples Marco Island Everglades Assist Meeting planner Closed 9/28/2015 9/28/2015 Debi DeBenedetto CVB -sales kit email photos or video Debi DeBenedetto 239-252-2379 or 239-734-0295 debide@colliergov.net From:Elizabeth S Anderson 10/2/2015 Naples Marco Island Everglades Assisted Mtg Planner Closed 10/2/2015 10/2/2015 Debi DeBenedetto *Task is assigned to multiple people Printed: 10/19/2015 Copyright©2004-2015 iDSS.All Rights Reserved. Page: 2 of 3 October 26, 2015 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date Closed Date t1 6d by User Date Contact Name CVB Debi DeBenedetto 239-252-2379 or 239-734-0295 debide@colliergov.net From:Stephanie M Krause 9/28/2015 Naples Marco Island Everglades Site itinerary planning Closed 10/15/2015 10/19/2015 Debi DeBenedetto CVB Debi DeBenedetto 239-252-2379 or 239-734-0295 debide@colliergov.net From:Andress.Kali 10/19/2015 Northstar Travel Media Event Note Closed 10/19/2015 10/19/2015 Debi DeBenedetto An update note was created today. 9/22/2015 Pfizer General Note Closed 9/22/2015 9/22/2015 Debi DeBenedetto The status chanoed on this event today. 9/22/2015 The Coulter Event Note Closed 9/22/2015 9/22/2015 Debi DeBenedetto An update note was created today. 10/1/2015 The Coulter General Note Closed 10/1/2015 10/1/2015 Debi DeBenedetto The status chanoed on this event today. 9/28/2015 The Kellen Company General Note Closed 9/28/2015 9/28/2015 Debi DeBenedetto The status chanoed on this event today Total Tasks: 34 *Task is assigned to multiple people Printed: 10/19/2015 Copyright©2004-2015 iDSS.All Rights Reserved. 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N ' ' 44,- ''''' „,,.* ,hail,crtttl , ..ki, t„11;(1:wc'n5ttirtai tij4 1p.:11v1.1 ilia,ttt beach for a at ittl' tile ttit've to tlit. loilYt .tit nut d- .3d .. t trilY gal( ''' * - • kt. 4 - e '''t ,-, •• '''. '1.•:"i'. i...,..'"i— t)(tett ttur y.l. The hitt '' Sanctuary .Nev. I t „loll,' tol a r..,..Ph i n Y ,, Swamp '.1,. ''• • ,...i:ii ' , *' ' •,,,''''''' ' ‘"4-;,/ .4t-,-,,,--,z,; cookout 't id' ., i year s Corkscrew , , rate,f,ir ' i-- . $14, - .1:'''44 c'' n July 4 k” k,,,di ,,,,„,an ii,t IT co or,id - )-N ,r2 .'1„,, 4. 1 jug,<' ,,r iti,t Firtiwttr • , itiaitt. - , live with I 1 , , it• 1 ' '",.? ., .7 fi- ,,,,,,,!,,..„::-% Eve for a ii..4.,,...',ie you;fete in that viiiili,t,i,:arc orchids, ift-•*.** '°.(w''''''' ' „:14:',„,t,t•-•;„itot,„: 44" ,ssell?;; 'th t'71•M*Of.`"Ir*t* 1;*,:',*''74, - .'• ,;•-,:t41,,,, ',..147-a".:,•4:0." 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AST sti„;t , t•ite iiivt ,b," P THE QUAINT CO H NOT HAVE CONSIDERED DAYSA YEAR, E WORT A ,ii,,wirs it - 'ISLAND ARE ftei,Nurd,I( i,,tthtil,tinteal,. •ert-gratke 200-PLUS MARDAY AWAY. '' SARASOTA TO YOUR BIG WITH TOWNSFROM SA ST FOR TH 200-P YOUR SHORT LI SUNNY PUTTING ON YO CO . . .. ,.... , - ,„ ........, ... .°' PLEAsurtEsi October 26, 2015 ‘,,, i , .. Detailed Staff Reports 11 :;;;,:, . 35 of 62 ,°'"i i. ' : l ,, ,s. ,°i r---, 1 - i, 1 -i LI , ,,,,,l (-H N , _ ,,,,, . ,i r,, I ,N,I(.1,..' i r\I I, t\1,-- , , , ,,,, , „ ,, i ,, , .:,,,,,.,4 i r --- ,.....—r,''' ,..„i , -,,,I ,„A .....„,„ ,„„, , •r As erfoigreiche Maklerirl urld Eigent(imerin der Irnmobilienfirrria ;',,,, .m .4 ly. , Paradise Realty in Naples kennt Gabriela Kohrs den nlondaneil Badz.4,, II!, besser als 'leder Tour-Guide. Hier verrat sic Tibbs fur besortdere _.. .. • , f, .,, .,.; • , ., ,,,,, .. \ , .: kulinansche Erlebnisse zvqschen Vanderbilt Beach und Tin City. , ,,..0 ,, _ .,, ,,.. ,.., '_.t. . ,;..r i .,.. ' - BROOKS GOURMET BURGERS & DOGS a4 J.-.-i,,Z*;.." ,.. .H.,,,,.,...,...fx...4., ..,,. ',,,..ilit I ,....;.' :,-,0',...ip- - .1.:,:t:.:. .,' Anierika Ohne Burger? Nicht vorstellharl .t.te.,,,-.., .• • ;,1.,ce....! ,.•,' . tt''',/' ' ,.•; ,44, *elititt;ti,to.„,••• •;,,,,_,‘,,,,, , .:.'' \Vertu Sie abcr*of tier Stictie rrach Atnerikas ''' ' ,,,,, ,,-,,;;:t.„-,4:,.-,,,,•• ,,,,,,t,,;,tt:.,..s. ''''''''',,,i, ,'.•=1,ttltftV,- erl ,e,. leckerstent Barger 5iind,ktinnten Sit in Na••• , '-"'• ,,, ,,, 41,•.:4, „, ,, ' "' - • • , 4,4111,Kwa °''''''' ''''''4k:4i'r•. . ' * '','", '''' pies ftintlig leerden,Brooks Gourmet Bur- . Y. a , •••.••.•• 1,,,,,t,„, t:iFfil2a !t;•'''‘.11t;- ge'es 8c Dogs''Allaffte es in.dieben)1411r wie • •::,,.; : .. •'.- :Cc der till ter die Top 10 der bcsten Burger-Res- at ta urants in Anieril,kaAls itii den Clef Todd .•„.7 .4. :°A-'.." ." ,'... ‘i• -.41.;', Brooks fragte, was las Ceheimnis seiner .4 •!:,.::,'.,;.,,, , •,.,4„ :• ;;:.:Itl:;':•,- "', ,,,,'4.• k ( .,. .< , . 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Telefon(239,2621'27 • :,, .-f:: wvom.grauperandchip.net ....:!n.:;:,.....a, sewiti.brf:trkskimrgers..,DDri) ... 4,;,,,,,t,..•* ....*1: '• ' ' .,.,— H R 13 LI P E P & C H IP S --7''%- ' 1;' • in(Tem sell.20'Arco an Nottliy Hier k'nitnen rischiik't'hat'et at'f"lir('Kat- -• ''''''' it* •a„,•.;.••. ,,,,,,,•44?•...st,' ,- •8;‘ t 5.411 Avenue allt.i.ssIgeil is tri ten.Frisilier geht's nicht;Grouper 8(Chips 1 •!7•••1;*' 4g.'41•tl'iiiiLi.,'= 1,7:,", ''' : genttirne,r Bill lioleomii uriti le.,, ist em n Fiirnilieribetriela,in dem.die Cliefln dm tti toOlot• ' -e"'-'11,' daS$seeitt.e Tiseheleckeri unit el„•..... •i• • - nes, '''''*' '''' , ' ,,,,ii.,„„h„'"4 tiagen hat,Pam Pischner kerint ihr Gescliatt 44. ••••, ''''' - "°-771', " sphitre nicht latigiveilig rein nt,• • ":, '.'" scit 22 tahren,und mit tulle flitter Tticlitet •,. ,.. Pilger". ilas .Wagyii Sirloin •-a y. ,,,,,•••:, , t 1,acce widNatalee senvie,,Schv4itgersohn Alex • „,,, 2 1‹.kirotiuta Pork Chops a;li=1: •-.,''t: serviert sic ihrcn Ciasteri kOs tli chi'Si,(ezialita-- '.-„, ..,,,,,„„, , „ ,,,,,,,,,,,,-..,t,,.:,, ,.„, ,,,,,,,i, sprtiche..n.Mein Favorit hi is •,1 ten aus dem Meer,liamptliehlich -wie der -' '''"•: •-'Y' •,. .2*4-lt4 „,,,,,,„-. Bats's*,far null eines der bet,t,- --.. „--,t,l' • -'-'t.."•4 i•itilt. '5'' ' tt't ' d 'd '' -V 19 ., Name Achim salt - taligtrisclien. 7.arkemy 4 ,.,, .,,,,,,,,-,,,. -,-- -- • der sra 4,Iasi 0 Lipp, or r. ', harsch.,,Idi liefere Qu al Mit and stile Laurie*, • t•i•:,ta-t•• te• Bistro 821 das•*Eiarly Bird Spe4,-sta,:;-- erkiiirt Gastgellerin Pam ihr ErIblgsrer,ept, *,,t • liatiptgelichten mid einer 1•1-,,,,•;,*,•1„, Selo empfehlentivert rum 1 iincli 1st der IP.* • 33,95 Dollar•- n lAsst es sich tine . Grouper Sandwich tiasker4.Nat titlicli ste- , •-ter•,. tig dinicren ant-Nal:A es'Prie.-thistraSt[it;.. •l • ••;.ta.. . hen auch Shrimps,Horniner ilnd NItisehelti ' t• ' • „el•-,,tt-yrY ,L•atit--tt.. Bistro 821 *4. ant(10 Six`liekarle,.Netien den in Florida lib- ,,,,45.,-.ti,-;,;, R21 5th Avon,le Sop. • Telefon(,239.4261-5R21 lichen i leriellieti acird hie( aper auch eine itt.•,.:,.,Y,' ;•,ti-t.7K,NLY,tri.2,Latt/get , I ...„ gifir hervorragensle Bouillabaisse gekocht. „,,,e„. ' '”-•'•"('''t•-•4,t•'••'-'f'''''''''"'" Am invywenisitrog2Leorri , .. ,. . "It . t ,. ..,..,,,, --- - - - ••••- - - • '1',.a.q.t • October 26, 2015 Detailed Staff Repo36rts of 11 62 0 0 L �F . , aa , ^,�^ ._�� , ^^ mow ,::-^ ,e). ,,. — ' - '''- ',..,,,,,it$: „,',.,,,:',:.,,,,..,,, ,,, ;,- ,,4,',,,,,'";„,,,:,',..,1,,,v,,,,,I, ' Autumn 2015 Circ: 51 ,018 UMV: 10,000 Media Value: $8,380 �� ',4' ,/,,:,,,1%, FY/,'/ �' , i '',...,,i0,0',A„ ,,,„-, .,.4.:;.,...,142,,,,,,,, T ,2 , k,f, :. A � ,-- .+.0 «moi „ 'a” , y �''j'� $? k, , n So:r4;•:i:-.' ,:','%;'',,,-- z a4,014:17)1 'Ili� � t7f4, '.ttel A,,,!: '''''' ' ,. ::, ...,..,.., )„,1,,,,,,,,,,,,,,,,„,„ ,,,,,,_„.., , ,,,,,, ,,,„,,,6„...,,,...,11 fl,,, , . ............,,:„....44....,,,,,„;,....,:. - ''... "' c ,74 .a „..—:,:2'"A,,,,''''''' " ;,.`� ..�, . ' r0tie, C 11,74/i.i...„) , %..,,,,i,,,,,,,r,f. ., ,, ....,:.:,.., J.1 lei ,„ .0.,,, , ,,sio..., ,,,-4, ...,.. ',1 ,•',4,,,,,,,,' .47:i P4. csmow ..�,�, .s..�. �,, ' . , '-1 October , 15 Detailed Staff Reports261 37 of20621 ,. moi ` z �'��4 ".^ 1 � � �x kt 1 lEy .;Y G ,, „, �Sy . ,•=4i: gilt',..;,;" ' 1 ,,,E 9 -.,/,,,-,/-4-,/,./„.!-.0,- /,,, Gkµ ai 4, ' ') i / 40 I, ‘ if ,..„,. ' li , i ' , , i , I ( OuSt � � .,,,c,„..,,,... .„,,, ,. ,.., Island and West Everglad „. , ,-, - , ,-,„.. . ca s ,,, -- fu 1:4,,,,,,,,,,,,-, , , ,,,,.,,,„.„,..,„, y�, -'ten •' ' €.''. October 26, 2015 Detailed Staff Reports 11 38 of 62 . I p,,, 6 y d a fr ¢gyp . {� ��'� f V ,, ''4 ^bu: .„ •4 : ', •R �y.,.W ,;l 5 y Ep• 4' %1I P y " !;1'''''',;,,,,... ,,,„,i',:;',''',.?":;, ,,,,..27*,, f.; ,,'t?4,.!.;:.:::',,,f.'„A'*,<!.:"1.,„.::„.,.,6,,,,....4;;:i7oiriliii:Ipr,.;''''' `,, ,,,,,,,,,,,,m,...:'•:!.:,.ii,,,,,,,,i."ItiL4lifi. ...A,,,,te nue Sout Ili g' : ^u, h N '-, ?i A 113w,b3 ' zaFt "nrae v x,31 ....-''''.114 ,10$E!1191'f'.1:10,1i:ii..*',.VY.'',,,4"...- ; 14'f'.'...'''''''''714•:: .,..4t114.N',';':iik-: ''''':',ifg h ;fr z y"fr ''''''4 .NIP-- ,i''''' a;I„W,44#2:,,,''',.%''';';''''IX 1 s.� , , a y } 1 a4 ', .: v Kik , �, v8%. any .,.1 k...3 „� E 7"� October 26, 2015 Detailed Staff Reports 11 39 of 62 . ESCAPE , ' frk . ''..'• ':4'''r''' ''''- , • ' ,, 4 ft rill , .�'' ?0,,, PS , t' tea._ h4 , ,.4i ,`,,-',;`,4,e',' '''.1.;';,..,,,, t° ,,,,, o„---„o 4r '-' [ fy% , i its . %t i� l' '' ,k, ' "''''';ii-'',:;,,,',4rm I '/'',1 , ?f,4X.:1471ir ''' ,.: ,: ''''''' ,, , ' �i ifoi4 .,,„' . ' , ."� . „(11-11[16,11,11101 x October 26, 2015 Detailed Staff Reports 11 40 of 62 ESCAPE C _ rn • • •' ' .77( .re 1%104, •• F' 4°2' , . • 'f\ , F •; ; 'F , "'• „• , , . ' , r r"I I 1 . Fl s---` • ' ., • -14‘14;i1314.kR4 ,'040 ,T,;F. t * , October 26, 2015 Detailed Staff Reports11 zhc New pork z. ineitif 62 September 9, 2015 UMV: 70,571 ,252 Media Value: $1 ,646,732 Resort and Cruise News; Tennis With Connors; Trips in Alaska DEAL SEASON IN FLORIDA In the post-Labor Day travel lull, a number of resorts in South Florida are offering deals on rooms,sometimes by cutting prices, other times by including extra freebies. In Naples, Marco Island and the Everglades, destinations collectively marketed as Florida's Paradise Coast, fall deals include an overnight with two dinner entrees, 50 percent off on spa services and a $25 golf credit at the Marco Island Marriott Beach Resort, Golf Club Sz Spa from $199 per night through Oct. 31. In Naples, the Inn on Fifth is offering groups of at least six a two-night package with a manicure, pedicure,blow-dry, spa treatment, dinner and a beach cooler packed with snacks from $479 per person through Oct. 31. Through Dec. 31, Naples Bav Resort Sz Marina will throw in a full-day boat rental and two cocktails per person along with the room, starting at $239 per night.Also through the year's end, Naples Grande Beach Resort includes a 3.5-hour guided Everglades tour for up to four with boxed lunches and overnight accommodations from $234. Other specials are listed on the Florida's Paradise Coast website. October 26, 2015 11 STARSki,:e1ANDASTRIpar ff Reports 42 of 62 1P4 tt4N* September 3, 2015 UMV: 1 ,309,150 Media Value: $8,727 Fall foodie festivals offer affordable vacation fun Now that the weather's getting a bit cooler and shoulder season hotel rates have started to kick in, ifs a great time to start thinking about planning an autumn getaway, Add in this fall's drop in airline ticket prices, and the savings opportunities become even more appealing. So, how could you possibly add to the value of such a vacation? You have only to research the food festivals at your chosen destination. These events are full of flavor and frugal fun. Even those with entry tickets offer significant savings off the total standard costs of the typical food, beverage and music attractions available. Factor in the festive atmosphere and the convenience of having everything in one location, and it becomes almost impossible to say no. Here are a handful of my favorites from around the country. If seafood is more your speed, head down to the Sunshine State for the Naples Stone Crab Festival scheduled for Oct. 23-25. The event's sixth year celebration will feature live music, boat rides, the ceremonial cracking of the claw and more along the town's waterfront area near the popular Tin City district. 09/29/2015 October 26, 2015 Detailed Staff Reports 11 43 of 62 Naples, Marco Island, Everglades CVB Call Summary by Toll Free Number For the month of September 2015 Toll Free Number #of Calls Minutes 800-2ESCAPE(800-237-2273) 5 23.98 PR-Editorial(800-688-3600) 18 85.03 Film Commission(800-349-5770) 0 0.00 International(239-225-1013) 3 22.38 Storm Information (800-785-8252) 0 0.00 Meeting Planner(800-830-1760) 0 0.00 Naples#1 (800-455-2604) 0 0.00 Travel Agent(888-409-1403) 0 0.00 Sports Council(800-342-3110) 0 0.00 Grand Total: 26 131.40 Phase V of Southwest Florida Page 1 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 44 of 62 Naples, Marco Island, Everglades CVB Inquiry Summary by Purpose For the month of September 2015 Purpose Calls/Request Minutes Live Information 1 2.18 Special Fulfillment 172 0.00 Guide Request 920 98.78 CVB Office Referral 8 39.32 Hang up 0 0.00 Wrong Number 0 0.00 eNewsletter Signup 2,587 217.27 Golf E-blast 0 0.00 Meeting Planner 0 0.00 Grand Total: 3,688 357.55 Phase V of Southwest Florida Page 2 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 45 of 62 Naples, Marco Island, Everglades CVB Guide Request Summary by Guide For the month of September 2015 Guide #of Requests Quantity Area Map 4 1056 Meeting Planner Kit 2 2 Rack Brochure(Portuguese) 7 7 Rack Brochure(Spanish) 3 3 Visitor's Guide(English) 906 5979 Visitor's Guide(German) 5 5 Grand Total: 927 7052 Unigue requests for guides: 918 Phase V of Southwest Florida Page 3 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 46 of 62 Naples, Marco Island, Everglades CVB Guide Request Summary by Source For the month of September 2015 Current Year Last Year Source Month YTD %YTD Month YTD %YTD Consumer Shows 0 1,150 8.85% 0 0 0.00% Group Markets 0 11 0.08% 0 0 0.00% International Markets 1 1 0.01% 0 0 0.00% Leisure Markets 688 9,950 76.56% 676 1 25.00% Meeting Planners 2 15 0.12% 0 0 0.00% Meetings 4 402 3.09% 0 0 0.00% Miscellaneous 16 193 1.48% 15 3 75.00% Newspaper 0 3 0.02% 0 0 0.00% Niche Markets 209 1,272 9.79% 63 0 0.00% Spring/Summer In-State Campaign 0 0 0.00% 0 0 0.00% Travel Agents 0 0 0.00% 0 0 0.00% Grand Total: 920 12,997 754 4 YTD=Fiscal Year to Date Phase V of Southwest Florida Page 4 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 47 of 62 Naples, Marco Island, Everglades CVB Request Summary by Consumer Shows For the month of September 2015 Media #of Requests YTD %YTD Post Show Follow Up Boston Globe Travel Show February 2015 0 442 38.43% New York Times Travel Show February 2015 0 708 61.57% Post Show Follow Up 0 1150 100.00% Grand Total: 0 1150 *YTD=Fiscal Year to Date Phase V of Southwest Florida Page 5 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 48 of 62 Naples, Marco Island, Everglades CVB Request Summary by Group Markets For the month of September 2015 Media #of Requests YTD %YTD Group Business-Corporate Meetings Professional Collaborate Meetings Magazine August 2014 0 11 100.00% Group Business-Corporate Meetings Professional 0 11 100.00% Grand Total: 0 11 *YTD=Fiscal Year to Date Phase V of Southwest Florida Page 6 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 49 of 62 Naples, Marco Island, Everglades CVB Request Summary by International Markets For the month of September 2015 Media #of Requests YTD %YTD United Kingdom Travel Trade Gazette February 2011 1 1 100.00% United Kingdom 1 1 100.00% Grand Total: 1 1 `YTD=Fiscal Year to Date Phase V of Southwest Florida Page 7 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 50 of 62 Naples, Marco Island, Everglades CVB Request Summary by Leisure Markets For the month of September 2015 Media #of Requests YTD %YTD Consumer Directories 2010 Naples, Marco Island&the Everglades Visitors Guide 0 3 0.10% 2010 Visit Florida Magazine 2 3 0.10% 2013 Florida Insider Guide-Quick Check 1 7 0.24% 2013 Visit Florida Magazine-Quick Check 0 99 3.45% 2013 Visit Florida Magazine-Specific Target 0 21 0.73% 2014 Visit Florida Magazine-Quick Check 1 603 21.01% 2014 Visit Florida Magazine-Specific Target 1 295 10.28% 2015 Visit Florida Magazine-Quick Check 81 1183 41.22% 2015 Visit Florida Magazine-Specific Target 44 656 22.86% Consumer Directories 130 2870 28.84% Consumer E-Marketing DestinationBrochures.com 0 12 0.22% Other/Unknown 0 10 0.18% ParadiseCoast.co.uk 0 1 0.02% ParadiseCoast.com 553 5529 99.48% Miles Media Imports 553 5512 99.17% Phone 0 10 0.18% Interactive Text Chat 0 4 0.07% WEBSITE 0 3 0.05% Visit USA-UK 0 1 0.02% VisitFlorida.com 0 5 0.09% Consumer E-Marketing 553 5558 55.86% Consumer Magazines AAA Florida TourBook 2009 Edition 0 3 7.32% Hearst Food Network May 2015 3 18 43.90% Other/Unknown 0 11 26.83% Undiscovered Florida 2015 2 9 21.95% Consumer Magazines 5 41 0.41% Consumer Newspaper Other/Unknown 0 1 0.07% Visit Florida In-State Insert Spring 2015 0 278 18.77% Visit Florida In-State Insert Summer 2015 0 1202 81.16% Phase V of Southwest Florida Page 8 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 51 of 62 Naples, Marco Island, Everglades CVB Request Summary by Leisure Markets For the month of September 2015 Media #of Requests YTD %YTD Consumer Newspaper 0 1481 14.88% Grand Total: 688 9950 *YTD=Fiscal Year to Date Phase V of Southwest Florida Page 9 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 52 of 62 Naples, Marco Island, Everglades CVB Request Summary by Meeting Planners For the month of September 2015 Media #of Requests YTD %YTD ParadiseCoast.com/Meetings 2 15 100.00% Grand Total: 2 15 *YTD=Fiscal Year to Date Phase V of Southwest Florida Page 10 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 53 of 62 Naples, Marco Island, Everglades CVB Request Summary by Meetings For the month of September 2015 Media #of Requests YTD %YTD Group Markets-Bridal/Sports Bridal Guide March/April 2015 4 355 88.31% Bridal Guide May/June 2015 0 47 11.69% Group Markets-Bridal/Sports 4 402 100.00% Grand Total: 4 402 *YTD=Fiscal Year to Date Phase V of Southwest Florida Page 11 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 54 of 62 Naples, Marco Island, Everglades CVB Request Summary by Miscellaneous For the month of September 2015 Media #of Requests YTD %YTD CVB Bulk Mail Request 1 53 28.65% CVB Office 0 32 17.30% Friend/Relative 4 44 23.78% Other/Unknown 11 56 30.27% Travel Agent TCTIA FAM October 2011 0 8 100.00% Travel Agent 0 8 4.15% Grand Total: 16 193 *YTD= Fiscal Year to Date Phase V of Southwest Florida Page 12 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 55 of 62 Naples, Marco Island, Everglades CVB Request Summary by Newspaper For the month of September 2015 Media #of Requests YTD %YTD Newsday Travel Section February 2,2015 0 3 100.00% 0 3 100.00% Grand Total: 0 3 *YTD=Fiscal Year to Date Phase V of Southwest Florida Page 13 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 56 of 62 Naples, Marco Island, Everglades CVB Request Summary by Niche Markets For the month of September 2015 Media #of Requests YTD %YTD Niche Markets(Bridal/Honeymoon) Bridal Guide January/February 2014 0 4 20.00% Bridal Guide March/April 2014 0 15 75.00% Bridal Guide November/December 2013 0 1 5.00% Niche Markets(Bridal/Honeymoon) 0 20 1.57% Niche Markets(ECO) Audubon(Added Value)May/June 2014 0 10 0.81% Audubon(Added Value)September/October 2014 0 249 20.08% Audubon July/August 2014 0 41 3.31% Audubon March/April 2015 0 339 27.34% Audubon May/June 2015 35 427 34.44% Audubon September/October 2015 174 174 14.03% Niche Markets(ECO) 209 1240 97.48% Niche Markets(Golf) Play Florida Golf 2015 0 8 100.00% Niche Markets(Golf) 0 8 0.63% Niche Markets(Senior) AAA Going Places South May/June 2011 0 4 100.00% Niche Markets(Senior) 0 4 0.31% Grand Total: 209 1272 `YTD=Fiscal Year to Date Phase V of Southwest Florida Page 14 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 57 of 62 Naples, Marco Island, Everglades CVB Guide Request Summary by State For the month of September 2015 Current Year Last Year State Month YTD %YTD Month YTD %YTD Florida 137 2,915 24.49% 124 6,158 43.50% New York 70 1,226 10.30% 44 666 4.71% Massachusetts 18 643 5.40% 21 253 1.79% Pennsylvania 39 571 4.80% 24 525 3.71% Illinois 54 545 4.58% 39 544 3.84% Ohio 48 545 4.58% 40 546 3.86% New Jersey 46 522 4.39% 23 363 2.56% Michigan 35 398 3.34% 28 374 2.64% Texas 25 358 3.01% 23 276 1.95% Wisconsin 32 327 2.75% 31 340 2.40% Indiana 13 280 2.35% 13 293 2.07% California 25 247 2.08% 12 282 1.99% Minnesota 27 244 2.05% 20 290 2.05% North Carolina 31 232 1.95% 19 243 1.72% Georgia 12 230 1.93% 23 265 1.87% Virginia 20 218 1.83% 15 207 1.46% Maryland 21 212 1.78% 11 211 1.49% Missouri 10 204 1.71% 15 228 1.61% Connecticut 14 196 1.65% 12 155 1.10% Tennessee 16 174 1.46% 14 178 1.26% Iowa 17 131 1.10% 12 133 0.94% South Carolina 13 130 1.09% 9 135 0.95% Kentucky 10 127 1.07% 13 147 1.04% Colorado 6 113 0.95% 9 108 0.76% Alabama 9 96 0.81% 7 136 0.96% New Hampshire 3 84 0.71% 5 61 0.43% Washington 7 81 0.68% 3 99 0.70% Oklahoma 9 72 0.60% 4 63 0.45% Kansas 4 65 0.55% 9 80 0.57% Arkansas 5 64 0.54% 3 63 0.45% Phase V of Southwest Florida Page 15 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 58 of 62 Naples, Marco Island, Everglades CVB Guide Request Summary by State For the month of September 2015 Current Year Last Year State Month YTD %YTD Month YTD %YTD Louisiana 7 63 0.53% 2 79 0.56% Oregon 2 54 0.45% 4 57 0.40% Arizona 8 51 0.43% 3 74 0.52% Delaware 3 50 0.42% 2 36 0.25% Maine 2 48 0.40% 5 52 0.37% Mississippi 2 48 0.40% 2 67 0.47% West Virginia 3 48 0.40% 2 44 0.31% Nebraska 4 47 0.39% 2 58 0.41% Rhode Island 1 34 0.29% 1 50 0.35% Nevada 2 26 0.22% 5 31 0.22% New Mexico 1 24 0.20% 1 23 0.16% South Dakota 1 22 0.18% 1 22 0.16% Montana 2 21 0.18% 1 10 0.07% North Dakota 0 19 0.16% 2 21 0.15% Puerto Rico 0 19 0.16% 0 19 0.13% Vermont 3 19 0.16% 4 17 0.12% Utah 1 14 0.12% 0 16 0.11% Alaska 0 13 0.11% 1 7 0.05% District of Columbia 1 9 0.08% 0 16 0.11% Idaho 1 9 0.08% 1 14 0.10% Hawaii 0 8 0.07% 0 12 0.08% Wyoming 1 5 0.04% 0 5 0.04% Virgin Island 0 1 0.01% 0 0 0.00% Armed Forces 0 0 0.00% 0 3 0.02% Grand Total: 821 11,902 664 14,155 *YTD= Fiscal Year to Date Phase V of Southwest Florida Page 16 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 59 of 62 Naples, Marco Island, Everglades CVB Guide Request Summary by Country For the month of September 2015 Current Year Last Year Country Month YTD %YTD Month YTD %YTD USA 821 11,902 91.57% 664 14,155 93.46% Canada 21 299 2.30% 16 405 2.67% United Kingdom 19 239 1.84% 29 204 1.35% No Address Given 35 223 1.72% 6 38 0.25% Germany 8 91 0.70% 9 68 0.45% Brazil 3 45 0.35% 7 44 0.29% Netherlands 4 24 0.18% 1 18 0.12% France 1 19 0.15% 1 22 0.15% Argentina 1 17 0.13% 2 9 0.06% Belgium 0 14 0.11% 0 14 0.09% Denmark 1 9 0.07% 0 14 0.09% Italy 0 8 0.06% 0 10 0.07% Serbia And Montenegro 0 8 0.06% 0 3 0.02% Spain 0 8 0.06% 2 12 0.08% Norway 2 7 0.05% 1 5 0.03% Switzerland 0 7 0.05% 1 8 0.05% Ireland 0 6 0.05% 3 12 0.08% Sweden 1 6 0.05% 0 14 0.09% Austria 0 5 0.04% 3 4 0.03% Ukraine 1 5 0.04% 1 2 0.01% Finland 1 4 0.03% 0 0 0.00% India 0 4 0.03% 2 7 0.05% Morocco 0 4 0.03% 2 7 0.05% Portugal 0 4 0.03% 0 1 0.01% Australia 0 3 0.02% 0 5 0.03% Japan 0 3 0.02% 0 1 0.01% Mexico 0 3 0.02% 0 2 0.01% Algeria 0 2 0.02% 0 4 0.03% Czech Republic 0 2 0.02% 0 1 0.01% South Africa 0 2 0.02% 0 1 0.01% Turkey 0 2 0.02% 0 5 0.03% Phase V of Southwest Florida Page 17 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 60 of 62 Naples, Marco Island, Everglades CVB Guide Request Summary by Country For the month of September 2015 Current Year Last Year Country Month YTD %YTD Month YTD %YTD Afghanistan 0 1 0.01% 0 0 0.00% Albania 0 1 0.01% 0 0 0.00% American Samoa 0 1 0.01% 1 1 0.01% Belize 0 1 0.01% 0 0 0.00% Bermuda 0 1 0.01% 0 0 0.00% Chile 0 1 0.01% 0 0 0.00% Ethiopia 0 1 0.01% 0 0 0.00% French Guiana 0 1 0.01% 0 0 0.00% Greece 0 1 0.01% 0 0 0.00% Iraq 0 1 0.01% 0 0 0.00% Israel 0 1 0.01% 0 2 0.01% Luxembourg 0 1 0.01% 0 1 0.01% Malaysia 0 1 0.01% 0 1 0.01% Martinique 0 1 0.01% 0 1 0.01% Peru 1 1 0.01% 0 0 0.00% Poland 0 1 0.01% 0 3 0.02% Russia 0 1 0.01% 0 3 0.02% Russian Federation 0 1 0.01% 0 1 0.01% Saudi Arabia 0 1 0.01% 0 1 0.01% Sri Lanka 0 1 0.01% 0 1 0.01% United Arab Emirates 0 1 0.01% 0 0 0.00% Zambia 0 1 0.01% 0 0 0.00% Bulgaria 0 0 0.00% 0 1 0.01% Cayman Islands 0 0 0.00% 0 1 0.01% Estonia 0 0 0.00% 0 1 0.01% French Polynesia 0 0 0.00% 0 1 0.01% Hungary 0 0 0.00% 0 1 0.01% Indonesia 0 0 0.00% 0 6 0.04% Iran 0 0 0.00% 0 1 0.01% Lithuania 0 0 0.00% 0 1 0.01% Namibia 0 0 0.00% 2 2 0.01% Phase V of Southwest Florida Page 18 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 61 of 62 Naples, Marco Island, Everglades CVB Guide Request Summary by Country For the month of September 2015 Current Year Last Year Country Month YTD %YTD Month YTD %YTD New Zealand 0 0 0.00% 1 3 0.02% Pakistan 0 0 0.00% 0 8 0.05% Philippines 0 0 0.00% 0 1 0.01% Romania 0 0 0.00% 0 1 0.01% Serbia 0 0 0.00% 0 1 0.01% Slovenia 0 0 0.00% 0 1 0.01% Taiwan 0 0 0.00% 0 3 0.02% Thailand 0 0 0.00% 0 1 0.01% Uruguay 0 0 0.00% 0 2 0.01% Grand Total: 920 12,997 754 15,146 *YTD= Fiscal Year to Date Phase V of Southwest Florida Page 19 of 20 09/29/2015 October 26, 2015 Detailed Staff Reports 11 62 of 62 Naples, Marco Island, Everglades CVB Special Fulfillment Requests by Category For the month of September 2015 Media Month YTD %YTD Meeting Planners GAP 0 1 0% GTM June 2015 0 109 6% Home Based Travel Agent Show June 2015 0 885 49% IMEX America October 2014 0 152 8% Meeting Focus 0 1 0% Meeting Planner Kit Fulfillment 0 2 0% Other/Unknown 0 3 0% Meeting Planners 0 1,153 64% Post Card Post PYM North Carolina July 2015 0 11 1% 2015 SITE Tech Summit 0 39 2% Collinson Webinar September 2015 108 108 6% CVB Bulk Mail Special Fulfillment Request 0 2 0% LMS September 2015 64 64 4% Meetings Focus June 2015 0 59 3% North Star Webinar July 2015 0 154 9% PYM Austin June 2015 0 44 2% PYM Raleigh June 2015 0 168 9% Post Card 172 649 36% Travel Agents Other/Unknown 0 1 0% Travel Agents 0 1 0% Grand Total: 172 1,803 *YTD= Fiscal Year to Date Phase V of Southwest Florida Page 20 of 20