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TDC Agenda 03/28/20163/28/2016 March 28, 2016 Collier County, FL: March 28, 2016 MEETING AGENDA & NOTICE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Collier County Government Center, Administration Bldg. F, 3rd Floor 3299 East Tamiami Trail, Naples, FL 34112 March 28, 2016 8:3o 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 2122116 b. *Grant Workshop 1/1/16 — continued to 3 -28 -16 6. Presentations / Public Comment - (3 minutes each) 7. New Business a. *Resolicitation of Tourism Marketing Services b. *RFQ 16 -6566 Media Monitoring Services C. *RFP 16 -6563 Tourism Research Services d. *RFP 15 -652o Tourism Public Relations e. *FBU Revised Funding Proposal for 2016 -2017 f. *Sports Marketing Event Support for May /June 2016 Events g. *TDC Appointment Review h. *Clam Pass Dredging- Pelican Bay Services District i. *Seagate Drive Pathway Safety Improvements j. *2016 Beach Renourishment Plan k. *Collier Creek Dredging http: /twww.colliergov .net/your - government/advisory - boards /tourist - development- counci I /tdc-agendas /march -28 -2016 1/3 3/28/2016 8. Old Business Collier County, FL: March 28, 2016 a. Detailed Quarterly Financial Review — Information Only 9. Marketing Partner Reports a. Research Data Services — Walter Klages b. Paradise Advertising- Nicole Delaney c. Lou Hammond & Associates — PR Services- JoNell Modys 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 ii. Detailed Staff Reports 12. Council Member Discussion 13. Next Scheduled Meeting Date /Location — April 25, 2016 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. http:// www. colliergov .nettyour- government/advisory- boards/ tourist - development - council /tdc- agendas /march -28- 2016 213 February 22, 2016 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, February 22, 2016 LET IT BE REMEMBERED the Collier County Tourist Development Council 'T abd for the County of Collier, having conducted business herein, met on this dated 9:d AM in a 0 REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following members present: � Wert, Tourism Director McAlpin, Coastal Zone Management Manager I-en Greene, Assistant County Attorney Kelly Green, Tourist Development Tax Coordinator Barry Williams, Parks and Recreation Director Parker Medley, Sports Marketing February 22, 2016 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 AM 2. Pledge of Allegiance Pledge of Allegiance was recited.�� 3. Roll Call A quorum was established. 4. Changes and Approval of Agenda Mr. Sorey moved to approve the Agenda subject to adding Item 7.d — Beach Renourishment - 2016. Second by Ms. Becker. Carried unanimously 6 — 0. 5. Approval of TDC Minutes a. Regular Meeting 1/25/16 Commissioner Taylor moved to approve the minutes of thifanuary 25, 2016 meeting subject to amending the adjournment time on page 9 from 10:55 am to 11:55 am. Second by Mr. Hill. Carried unanimously 6 — 0. b. Grant Workshop 1/13/16!.� Ms. Becker moved to continue the item until the Next meeting as the document could not be downloaded from the website. Second by-04 ri issioner Taylor. Carried unanimously 6 — 0. Mr. Olesky arrived at 8:36 am fl 6. Presentations / Public Comment - (3 minutes each) None 7. New Business a. Tigertail Beach Restroom Addition - $19,263 Mr. Williams presented the Executive Summary "Recommendation to award a work order using Contractymbe> 13 -6164 to Q Grady Minor & Associates, P.A. for the design of the "Tigertail Beach Restr° - Addition" in the amount of $19,263.00 and make a finding that this expenditure Promotes tourism " for consideration. He noted: itv will be located on the beach near Sand Dollar Island. - .A one stall, unisex bathroom currently exists in this location but the City of Marco Island �6 st requested consideration be given to expanding the facility to house a separate men's and women's restroom with two stalls in each space. The proposed facility will be handicap accessible. Under Council discussion, the following was noted: • Staff intends to have the temporary facilities in the parking area removed in the future. • There are no showers proposed for the location, however the facilities are available at other 2 February 22, 2016 locations of the beach. • The County does utilize "green bathrooms" however the proposed location has sewer and water service available for use. The "green" facilities are best suited for remote locations where these services are not readily available. Mr. Sorey moved to recommend the Board of County Commissioners award a work order: using Contract Number #13 -6164 to Q Grady Minor & Associates, P.A. for the design of the "Tigertail Beach Restroom Addition" in the amount of $19,263.00 and hereby finds the expenditure, promotes tourism. Second by Mr. Miller. Carried unanimously 7 — 0. : b. Wildlife Proof Waste Receptacles for Beach Park Facilities - $55,825.20, Mr. Williams presented the Executive Summary "Recommendation to approv thpenditure of $55, 825.20 for the purchase of wildlife proof waste receptacles for Collier County, beach park facilities under Category "A " grant and make a finding that this expendttz omotes tourism "for consideration. He noted that the proposal is for 120 additional refuse n 'n6s and 79 (39 green and 40 yellow) spring loaded lids to prevent intrusion by wildlife. Mr. Sorey moved to recommend the Board of County Commissioners approve the expenditure of $55,825.20 for the purchase of wildlife proof waste receptiiclesfior Collier County beach park facilities under Category "A "grant and hereby finds therditure promotes tourism. Second by Mr. Hill. Carried unanimously 7 — 0. c. Sports Marketing Event Support for April Events - $15,300 Michael Obyc was introduced as a new Staff Member for the Sports Marketing Division. Mr. Medley presented the Executive Summary "Recommend approval of Tourist Development Tax Category `B "funding to supp„_ iur upcoming FY 16 Sports Events up to $15,300. 00 and make a finding that these expenditures promote tourism " for consideration. He noted that the funding is for the Naples Spring Shootout (youth soccer) - $3,200, TbS/FL State Baseball Championship - $3,600, the Sports Recruitin ,USA Soccer Showcase - $3,200 and the FHSAA (Florida High School Athletic Associatiop� Boys Volleyball State Championship - $5,300. Ms. Becker moved to recommend the Board of County Commissioners approve Tourist Development Category `B "funding to support the four upcoming FY 16 Sports Events up to $15,300.00., and *eby finds these expenditures promote tourism. Second by Mr. Olesky. Carried unanimously 7- "0. d. Beach Renourishment - 2016 "1%Alpin presented the Executive Summary "Review results of January /February 2016 beach suveys and review /discuss recommendations for Beach Renourishment in 2016" dated February 22, ,/2016 for consideration. He provided an overview of recent beach analysis activities and Staff's recommendations including: • The beach surveys were completed in January however some areas had to be re- surveyed after the January storm events that occurred in the area. 3 February 22, 2016 A document "Projected Sand Requirements" which identifies the current beach widths and the quantity of sand is required to be placed on the beaches to achieve the County's "100 foot wide beach template." Based on the analysis, Staff recommends: Vanderbilt Beach - approximately 30,000 CY (cubic yards) of sand be placed. Pelican Bay Beach - should be renourished to the extent the Pelican Bay Sergi , s Division or Foundation is willing to financially participate given these beacMaai „ "private." Na les Beach - should not be renourished at this time given This reco opc��on is p g based on: • Many of the areas (except those at the far north end) hate experienced an accretion of sand. • Given the minor amount of sand required at the, E6i`4er d, it is not economically feasible to undertake the work 911111'', me. • There is work at Doctors Pass and surrounding area `be undertaken by 2017 and includes improving and repa"miing the - xisting jetties to help prevent sand migration. • Following completion of the j this area (approximately 10,01 the Naples beaches at that tea • If an emergency to address the is • Park Shore Beach — should place the 17,000 CY neede approximately 25,000 CX, , J buffer the remai ' areas. • Staff's also ind dredged from the shoaling in be placed on the north end of interim, the County has the ability as it is not economically feasible to deficient areas. A more viable option is to add 0 of sand to address the areas of deficiency and renourishment work proposed be bid out two different ways: Option 1: Truck hauling the sand and continue with off -road trucks traveling on the beach as required toll beach templates. Option 2:2: `ruck hauling the sand to a beach end unloading location and fluidize the sand and pub it thr gh a 12 inch diameter pipe to the various beach locations. • (Optf has not been employed before and Staff is unsure if a contractor will bid this scope of work. ' ks proposed for safety reasons given the dangers of trucks traversing a beach area wl�if� is'open to the public. Previously this activity has led to beach closures when the areas are highly utilized by beach goers) Cohan, Naples Cay Property Manager spoke in support of the renourishing the Park Shore in 2016 and not postponing the activity. Mr. Sorey moved to for the County to move forward with the proposals to place approximately 30,OOOcy of sand on Vanderbilt Beach, 25,000 — 30,000 CY of sand on Park Shore Beach, renourish the Pelican Bay Beach to the extent the Pelican Bay Services Division and/or Foundation compensates the County for the work and to not renourish Naples Beach as recommended by Staff. Staff to ascertain price quotes for two options to deliver the sand to the February 22, 2016 beach areas, truck hauling with off road trucks delivering sand to the areas and truck hauling to an area where the sand will be liquefied and pumped to the necessary beach locations. He finds the item promotes tourism. Second by Mr. Hill. Carried unanimously 7 — 0. 8. Old Business a. Quarterly Financial Review — Information Only Mr. Wert presented the Executive Summary "Tourist Development Tax Quarterly Financial Review "for consideration. He provided an overview of the quarter which began on Octobry�,215 and ended on December 31, 2015. tea; The Council requested Staff to provide identification of the major line item expenditures for funds 184 and 194 for this and future reports. 9. Marketing Partner Reports Mr. Wert presented the Slideshow "Marketing Partner Reports — JanuarS; 201" including the following reports presented by Staff and Consultants: a. Research Data Services —Dr. Walter Klages' "Research Report — Klages Research and Research Data Services C. 1 Commissioner Taylor left the meeting at 9:51 am Ms. Becker assumed the Chair Of b. Paradise Advertising — Cedar Hames/Ni Paradise Advertising and Marketing, Inc — Mr. Hames introduced Tom Merrick as t,6 Mr. Wert reported Paradise Advertisingre Awards from the Hospitality SalesF°and Mai Convention and Visitor's Bureau. ting Report 'hief Creative Officer for the Agency. 10 (5 gold, 3 silvers and 2 bronze) 2016 Adrian Association for their advertising campaigns with c. Lou Hammond & Associates PR Services — Jonell Modys "Lou Hammond & Associates and CVB PR Team Public Relations Report" d. Tax Collections JackWert "Collier County. -Tax Collector Tourist Tax Collections" e. Miles Park ufi , Inc. — Website Activity — Jack Wert "WeS'ite Analvtics" Advertising and Marketing, Inc. — Jack Wert ,ocial Media Marketing" g. 'Phase V - Fulfillment Services — Jack Wert "Phase V Fulfillment Services" 10. Tourism Staff Reports The following reports were submitted by Staff- 5 February 22, 2016 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 E International Representatives — Jack Wert g. Visitor Centers — Lori Lou Waddell oP 11. Detailed Staff Reports Submitted. 12. Council Member Discussion None 13. Next Scheduled Meeting Date/Location — March 28, 2016 — 8:30 AMA Collier County Government Center, Administration Bldg. F, 3rd Flooi�� 3299 East Tamiami Trail, Naples, Florida 34112 R January 13, 2016 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL WORKSHOP MEETING Naples, Florida, January 13, 2016 LET IT BE REMEMBERED that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 1:00 PM in WORKSHOP SESSION in Administrative Building "F," 3rd floor, Collier County GovernmeACoex, Naples, Florida, with the following Members present: � � w ALSO PRESENT: sent: Murray H. Hendel Susan Becker Jack Wert, Director — Tourism Department Colleen Greene, Assistant County Attorney Kelly Green, Tourist Development Tax Coordinator — Tourism Department Pat Bush, Collier Citizen's Council Nancy Kearns, Collier Citizen's Council Parker Medley, Sports Marketing Manager — Tourism Department Derek Johnssen, Assistant Finance Director — Clerk's Office Jim Molenaar, Manager, Internal Audit — Clerk's Office January 13, 2016 The Meeting convened at 1: 00 p.m. Mr. Wert noted the purpose of the meeting was for the panel to review grant applications for FYI and provided their recommendations to the Tourist Council Development on the amount of grant funds to be awarded to the various applicants. First Order of Business: A) Suggestions for revising the Category "B" Grant Application 1. Simplifying the application form. Mr. Wert stated that they have been able to cut out half of the number of pages in order to simplify the application form. Determining the minimum information needed to qualify for the grant 2. Expand the eligibility for grants Aizations that represent Arts and Culture 3. Understanding the Heads and required because there needs to be n is made on and dollars that are e promotions. This needs to b County but come and stay in a d days Heads and Beds count is of the return on investment that �P destination marketing and toward people who don't live in Collier lodging and the stay must be 2 or more 4. Establish a liaison from the Tourist Development Council office to assist applicants during the grant process and have the liaison print their name and contact information on the application. Kelly Green is the Tourist Tax Coordinator and acts as the liaison so her name will be added to next year's application. 5. Establish a partnership with the Chamber of Commerce to promote the availability in the access of grants. 6. Clarify restrictions on advertising events in and out of Collier County. 7. Publicize grant recipient organization names and amounts received. This would be after the grants are awarded and this can be part of the press release that is sent out to the press. this. January 13, 2016 8. Establish an appeal process. The application does not currently have 9. Establish a percentage of TDC revenues to be the grant funding budget. All of the C -2 non - county owned museums, nonprofit grants, have a percentage of the tourist tax that is in the ordinance that goes to Category C -2, municipally owned museums and museums owned and operated by not for profit organizations. 4.764% of the first 2% is allocated for this use. Category B Grants come out of a different fund, which is fund 184 and this is the destination, advertising and promotion budget. Each year we do a specific budget amount for these, approximately $100, 000. 00. B) Revising grant application pro Mr. Wert discussed the timetab date depends on when the final commissioner this year. I � application approval. The due approved by the county 1. The reason why hi ' e ble is critical is because these rants become Y g a part of the request that is sent the County Commission for the budget for the next fiscal year. a) Goal is to have application put together by end of April. b) May is when the finishing touches will be put on the budget. c) The budget will be reviewed by the County Commission in June. d) Final approval of grants would be in September. e) October 1 st - funds would be expendable for that grant cycle. C) Grant Program Guidelines Mr. Hendel asked if some of the guidelines could be presented to the audience. Mr. Wert responded by stating that most of the guidelines have been eliminated. January 13, 2016 1. One requirement that needs to be met is that all the collateral material, television commercials, website sections and e newsletters to need to have acknowledgement of where the funds come from. The grant program extends and expands the reach of destination marketing efforts 2. The second requirement is to have either the Collier County Tourist Development Tax or the display of the CVB logo Brian Holly - Director at Naples Botanical Gardens, asked about Collier County policy and what is required in order for funds to be reimbursed. His concern was the level of detail in order to track cut sheets and how difficult it is. He felt providing an invoice from a reputable firm showing what was done should be enough in order to get reimbursed. Mr. Wert responded by stating that this was a requirement put in years ago to make sure that in fact the ad did run and that was the reason for tear sheets. 4` Lisa Wilkinson- Golisano Chil getting clarification on tear sheets. PDF's could be accepted. Mr. Wert agreed and sta documentation such as an in was paid would be sufficie Jh of Naples asked about that it would be easier if vould approve of PDF's with proper vendor and evidence that the vendor D) Category B Marketing Grants can be for non - profits or for profits 1. Applies primarily to corporations, 501C, etc. i.e.: if you are anon- profit, organization, a 990 form is something filed every year and would be needed. 2. Structure contract to have area where it says "does not apply" 3. Provided most recent financial statements. Knowing if organizations have had grants in the past is helpful because it provides background information, for example: "did I bring visitors to the area ?" E) C -2 non county owned and operated grants January 13, 2016 1. Certain percentage is allocated for tax fund 193; specifically for non - county owned museum grants. There being no further business for the good of the County, the Tourist Development Council Grant Workshop was adjourned at 3:12 p.m. Collier Coymlty 'kurist Development Council Commissioner Penny Taylor These minutes approved by the Board /Committee on as presented or as amended March 28, 2016 New Business 7 -a EXECUTIVE SUMMARY 1 of 19 Recommendation for the Tourism Development Council to recommend that the BCC elect not to approve the renewal of the Tourism Marketing and Promotion contract #14 -6295 with Paradise Advertising and Marketing, Inc. and to re- solicit these services for FY 17. OBJECTIVE: To request that procurement prepare a Request for Proposals for Tourism Marketing and Promotion for FY 17. CONSIDERATIONS: Since fiscal year 2008, one primary advertising and marketing agency has represented the Collier County Tourism Department's efforts as they promoted the County's Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB). There have been three agreements during this time, each of which contained the option for the County to renew for additional years. In every case the County renewed the agreements. The County has paid this vendor $21,897,231 on the two previous contracts. The third and current Marketing and Promotion contract, with both renewal options is estimated to be worth $31,900,000. This agreement expires on September 30, 2016 and has an option for renewal for two (2) additional two (2) year terms ending in 2020 for a total of 6 years. It should be noted that from FY 15 through FY 20 this contract does not need to go out to bid. By virtue of the dollar amount involved, the length of time using this vendor, and the potential duration of the renewal contract options, the TDC recommends resoliciting the Tourism Marketing and Promotion contract for FY 17. Year Agreement Amount Amount Paid Agreement Notes FY 08 $2,300,000 $2,394,029 #06 -4007 (B) (A) Initial 2 yr; (B)+ 1 Yr; (C)+ 1 yr FY 09 $2,300,000 $3,136,975 #06 -4007 (C) FY 10 $2,300,000 $4,244,914 #06 -4007 (C) C) 10.1.09 - 3.31.2011 FY 11 $2,300,000 $3,216,275 #10 -5541 (A) (A) Initial 1.42 yr; (B)+ 1 Yr; (C)+ 1 yr FY 12 $2,300,000 $2,756,967 #10- 5541(A) (A) 4.1.11- 9.30.12 FY 13 $2,300,000 $2,377,629 #10 -5541 (13) FY 14 2 300 000 $3,770,442 #10 -5541 (C) Total $16,100,000 $21,897,231 FY 15 $4,400,000 $4,333,986 #14 -6295 (A) (A) Initial 2 yr; (B)+ 2 Yr; (C)+ 2 yr FY 16 $5,500,000 #14 -6295 (A) (A) 10.1.14 - 9.30.16 FY 17* $5,500,000 #14 -6295 (B) (B) 10.1.16 - 9.30.18 FY 18* $5,500,000 #14 -6295 (13) FY 19* $5,500,000 #14 -6295 (C) (C) 10.1.18 - 9.30.2020 FY 20* 5 500 000 #14 -6295 (C) *Future agreement amounts will be Total* $31,900,000 based upon the BCC approved destination marketing budget Given the growth in the tourism bed tax, the growth in potential vendors, the expanding role of sports marketing and in the spirit of increasing competition, the resolicitation of the advertising contract for FY 17 is recommended. March 28, 2016 New Business 7 -a 2of19 This chart shows the percentage increase in bed tax revenue year to year from 2007 — 2015: 2007 2008 2009 2010 2011 2012 2013 2014 2015 4 4 -17 4 8 7 9 18 11 FISCAL IMPACT: There is no fiscal impact with this action. LEGAL CONSIDERATIONS: GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management plan with this action. RECOMMENDATION: Recommendation for the Tourism Development Council to recommend that the BCC elec t Promotion contract #14 -6295 solicit these services for FY 17, PREPARED BY AGENDA DATE: not to approve the renewal of the Tourism Marketing and with Paradise Advertising and Marketing, Inc. and to re- Penny Taylor, Commissioner District 4 March 28th, 2016 Attachments: 1) Exhibit "A" Contract #14 -6295 2) Exhibit `B" Notes from Jack Wert 3) Exhibit "C" Paradise Adv History March 28, 2016 New Business 7 -a 3of19 A G R E E M E N T 14-6295 for Tourism Marketing and Promotions THIS AGREEMENT, made and entered into on this ' i' day of . Qv- 2014, by and between Paradise Advertising & Marketing, Inc., authorized to do[ business in the State of Florida, whose business address is 150 2nd Avenue North, Ste. #800, St. Petersburg, FL 33701 (the "Contractor ") and Collier County, a political subdivision of the State of Florida, (the "County "): WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on October 1, 2014 and terminating on September 30, 2016. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional two (2) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Tourism Marketing and Promotional services for the County in accordance with the terms and conditions of Request for Proposal (RFP) #14 -6295, Exhibit B - Scope of Work, and the Contractor'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 Purchasing Ordinance and Purchasing Procedures in effect at the time such services are authorized. 3. CONTRACT AMOUNT. For Tourism Marketing and Promotions services performed, in paid media and production, on behalf of the Collier County Tourism Department, the County shall pay the Contractor a fixed fee of ten percent (10 %), payable in monthly lump sum installments, of the annual Board approved County's Tourism Department's marketing and promotion budget, including any budget amendments. The Tourism Marketing and Promotions services will be billed to the County at net, so that the County receives any available agency discount. The fixed fee includes a minimum guarantee of five hundred seventeen (517) monthly hours provided by professionals devoted to; strategic planning, account services, media/ planning, data entry, accounting/ billing, clerical/ administrative and trafficking. Page 1 of 13 March 28, 2016 New Business 7 -a 4of19 Any County department, other than the Tourism Department, may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made based upon a department's Project Manager or designee, approval of a written project quote and shall include any "at cost" services plus the Contractors fixed fee of ten percent (10 %) for the project. For estimating and billing purposes, services will be billed in accordance with Exhibit A - Rate Schedule and Exhibit C - Quoting Process, attached hereto. Payment will be made upon receipt of a proper invoice, approval by the Project Manager or designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices. Invoices must be submitted by the contractor within six (6) months of completion of the contract. Any untimely submission of invoices beyond the specified six (6) month 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. 4. PROFESSIONAL FEES /CREATIVE WORK. All professional fees for marketing, promotional creative work, creative design, advertising, production, photography, on- line, and social media production design, printing, direct mail, audiovisual production services, marketing research and promotional publicity will be estimated on a per project basis and submitted in writing to the County's Project Manager or designee, for approval. For estimating and billing purposes, services will be billed in accordance with Exhibit A - Rate Schedule and Exhibit C - Quoting Process, attached hereto. 4.1 ADVERTISING AND MEDIA. Charges for advertising placed by the Contractor on behalf of the County will be billed to the County at the actual cost paid by the Contractor and shall not include any markup, for the specified medium or media. The Contractor will prepare and send to the County pre- approved adjusted media invoices to account for insertion order changes, short rates, circulation rebates and/or other estimates and adjustments. 4.2 PURCHASED TALENT AND OTHER SERVICES. Charges for expertise, talents and services needed to execute marketing, media or production advertisement placed by the Contractor on behalf of the County will be billed to the County at the actual cost paid by the Contractor and shall not include any markup. 4.3 PROMOTIONAL ITEMS. For any Tourism Department promotional giveaways items, the Contractor will endeavor to purchase goods through an established County contract. Page 2 of 13 March 28, 2016 New Business 7 -a 5of19 4.4 TRAVEL AND REIMBURSABLE EXPENSES. 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, §125.0104, Fla. Stat and §112.061, Fla. Stat. Any trips within Collier County and Lee County by account services, media, data entry, accounting/ billing, clerical/ administrative and traffic are expressly excluded. Any trips to and from and within Collier County and Lee County by the creative department will be reimbursed in accordance with Exhibit A- Rate Schedule and must be approved in advance in writing by the County. Reimbursable items other than travel expenses shall be limited only to the following: actual postage or metering, shipping and freight charges, if approved by the Project Manager or designee. Reimbursable expenses will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. 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 Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Paradise Advertising & Marketing, Inc. 150 2nd Avenue North, Ste. #800 St. Petersburg, FL 33701 Attention: Cedar Hames, President / Owner Telephone: 727 - 821 -5155 Fax: 727 - 822 -3722 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Telephone: 239- 252 -8407 Facsimile: 239- 252 -6480 The Contractor 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. Page 3 of 13 rQ March 28, 2016 New Business 7 -a 6of19 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor, or its vendors or subcontractors, or to constitute the Contractor, or its vendors or subcontractors, as an agent of the County. 8. PERMITS: LICENSES: TAXES. The Contractor 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 Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor 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 Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor 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 Contractor 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 Contractor 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, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other,or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor 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 Page 4 of 13 Y March 28, 2016 New Business 7 -a 7 of 19 Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 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 Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor 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 Contractor during the duration of this Agreement. The Contractor 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. Contractor 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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 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 intentionally Page 5 of 13 9 March 28, 2016 New Business 7 -a 8of19 wrongful conduct of the Contractor or anyone employed or utilized by the Contractor 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 Contractor, 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 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 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. Contractor 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. Contractor 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: Contractor's Proposal, Insurance Certificate(s), RFP #14 -6295 Scope of Services, Exhibit A - Rate Schedule, Exhibit B - Scope of Work and Exhibit C - Quoting Process. 17. SUBTECT 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. 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 Page 6 of 13 GA March 28, 2016 New Business 7 -a 9of19 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 Contractor 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))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 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 TTEMSISERVICES. Additional items and /or services may be added to this contract in compliance with the Purchasing 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 Contractor 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 Contractor 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. Page 7 of 13 d V March 28, 2016 New Business 7 -a 10 of 19 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,/ CONTRACT STAFFING. The Contractor'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 Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates or dates set forth in the Project Schedule. The Contractor 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 Contractor 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 (RFP) and /or the Contractor's Proposal, the Contract Documents shall take precedence; thereafter, the Request for Proposal. 27. ASSIGNMENT. Contractor 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 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 the County. 28. AVAILABILITY OF RECORDS. The Contractor shall maintain all records, books documents, papers and financial information pertaining to all Work performed under this agreement. The Contractor agrees that the County, or any duly authorized agents, shall, free of charge, have the right to audit, inspect and copy all such records, documentation as often as they deem necessary during the period of this Agreement and until the expiration of (5) year period after final payment under this Agreement. 29. OWNERSHIP OF DOCUMENTS. County shall be the owner of all documents and materials produced pursuant to this Agreement and Paradise Advertising & Marketing, Inc. shall not receive any additional compensation for their use or reproduction by the County. The County shall be the owner of and be in possession of all intellectual property created or furnished pursuant to this Agreement, including, but not limited to drawings, layouts, photography, film, video and printed documents, unless specifically exempted by the County. Page 8 of 13 U March 28, 2016 New Business 7 -a 11 of 19 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. ATTEST: Dwight E. Brock, Clerk of Courts By: . Dated:, 7� (SEAIj est as tothairmm's signature o; First Wrtness TType/ print witness nameT Second Witness L-1 s 6V L>2,171 TType /print witness nameT Approved as to Form and Legality: istant County Attorney ��(IP,�1 A� - C5 ✓Eel's Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Paradise Advertising & Marketing, Inc. Contractor By: C !�-&' �21)'1j Signature C t- ! R l kt"11. 5, 1 U1Ln TType /print signature and titleT Page 9 of 13 U March 28, 2016 New Business 7 -a 12 of 19 EXHIBIT A RATE SCHEDULE Contract 14 -6295 "Tourism Marketing and Promotions" gqy 4 a ,y 1 P $ll ii erp1C Yz vu ..r `f n'O w ,xsF * Director of Strategic Planning $ , 300.00 * Account Service Director $ 250.00 * Account Supervisor $ 200.00 * Account Manager $ 175.00 * Account Executive $ 150.00 * Account Coordinator $ 100.00 * Media Director / Planner $ 250.00 • Media Buyer $ 150.00 • Media Coordinator $ 125.00 • Data Entry Specialist $ 100.00 • Accounting / Billing Manager $ 150.00 • Clerical / Administrative Services $ 100.00 • Traffic $ 150.00 Art Director $ 120.00 Associate Creative Director $ 180.00 Brand Development Director $ 200.00 Broadcast Production Supervisor $ 160.00 Chief Creative Officer $ 240.00 Copywriter $ 120.00 Creative Director $ 200.00 Designer $ 160.00 Digital Coordinator $ 80.00 Digital Production Developer $ 140.00 Digital Production Supervisor $ 160.00 Digital Services / Research $ 120.00 Digital Services Director $ 200.00 Director of Diversity Marketing $ 200.00 Director of Mobile Development $ 200.00 Print Production Supervisor $ 120.00 Production Coordinator $ 80.00 Proofreader $ 80.00 Senior Art Director $ 160.00 Senior Copywriter $ 160.00 Social Media Marketing Coordinator $ 80.00 Social Media Marketing Director $ 140.00 Studio Audio Service $ 160.00 Studio Director $ 200.00 Studio Junior Editor $ 120.00 Page 10 of 13 March 28, 2016 New Business 7 -a 13 of 19 Studio Motion Graphics Developer $ 160.00 Studio Motion Graphics Director $ 200.00 Studio Photograph Service $ 160.00 Studio Research Coordinator $ 80.00 Studio Research Director $ 160.00 Studio Senior Editor $ 160.00 Studio Senior Video a her $ 160.00 Studio Video a her $ 120.00 * There is no charge for any of these services. They are included in the Tourism Department's fixed fee. Fixed Fees: Fixed fee for all other County departments (other than Tourism) for H advertising by using the Contractor Page 11 of 13 March 28, 2016 New Business 7 -a 14 of 19 EXHIBIT B SCOPE OF WORK Contract 146295 "Tourism Marketing and Promotions" For Tourism Marketing and Promotions the Contractor shall provide for the Tourism Department the following services including, but not limited to: a) Develop for approval and implementation and counsel with the County on promotional, advertising and marketing communications to meet the County's objectives and budgetary limitations as a tourist destination worldwide. b) Create an annual marketing plan which will allow for the broadest possible exposure into international and domestic markets prior to the start of each fiscal year outlining current situation, creative strategy, implementation schedule and measurement. c) Develop, nurture and promote target consumers, meeting planners, and trade professionals. d) Develop for approval and implementation, and obtain prior written approval from the County Project Manager(s) or designee, by use of a quote /estimate / insertion order for all advertising, media and production projects. e) Maintain an office in Collier County staffed with a full -time Account Manager, and provide a minimum of five hundred and seventeen (517) staff hours, consisting of strategic planning, account services, media /planning, data entry, accounting/ billing, clerical/ administrative and trafficking, per month dedicated to the Tourism Department. f) Supply the County with monthly reports and presentations reflecting agency activity, return on investment, emerging markets, placement and inquiry reports, Tourist Development or Board presentations, workshops, etc. g) Develop collateral marketing strategies (i.e. creative copy, layout, and production, etc.) and materials for print, television, Internet, social media, radio and any other media directed by the Project Manager or designee. h) Plan and implement a strategic advertising and promotion program to include an Emergency Advertising Plan. i) Additional advertising, marketing or promotional creative work, creative design, production and media work may be executed, upon approval by the Tourism Project Manager or designee, and in accordance with Exhibit A - Rate Schedule and Exhibit C - Quoting Process. Other County Departments (not Tourism Department) Additional advertising, marketing or promotional creative work, creative design, production and media work may be executed, upon approval by the Department's Project Manager or designee, and in accordance with Exhibit A - Rate Schedule and Exhibit C - Quoting Process. Page 12 of 13 March 28, 2016 New Business 7 -a 15 of 19 EXHIBIT C QUOTING PROCESS Contract 14 -6295 "Tourism Marketing and Promotions" Quotes and invoices provided by the Contractor to the Tourism Department, and/or any other County departments, shall include the following: a. A Services/ Work/ Project quote estimate that includes; the negotiated payment either by "lump sum" or "time and material." If "lump sum" quote, the Contractor shall provide: 1.) not -to- exceed total cost for each task; and 2.) a brief description, including the deliverable, of each task to be performed. If "time and material" quote, the Contractor shall provide: 1) not -to- exceed total cost for each task; 2.) the number of hours by each position (hourly rate) and a brief description, including the deliverable, of the task to be performed; 3.) the extended total by each position; 4.) any anticipated "at cost fees" of subcontractor(s), travel, and miscellaneous charges such as expenses relating to "photo shoots," wardrobe, television or radio ads, special printing or service charges, etc.; and 5.) if applicable (see Exhibit A - Rate Schedule) the ten (10 %) percent fixed fee. The Contractor shall provide "at cost ", without any markup included, invoices for subcontractor(s), travel, and miscellaneous charges such as expenses relating to "photo shoots," wardrobe, television or radio ads, special printing or service charges, etc., as back -up for the invoice submittal. b. The invoice for payment shall reference the purchase order issued and be equal to or be less than the "lump sum" or "time and material" quote. A copy of the advertising, promotional and marketing information or documentation of paid media delivered should be included with the invoice materials. Page 13 of 13 March 28, 2016 New Business 7 -a 16 of 19 ACORN CERTIFICATE OF LIABILITY INSURANCE DATEIMMMOA -YYY) 09/0212014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polley(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate doss not confer rights to the cenftate holder in lieu of such endorsams s . PRODUCER Ronald F. Holehouse Agency, Inc. 34431st Ave N Saint Petersburg, FL 33713 A CT Christy Anderson ° 651 FAX (727)894-U39 EAlul chrisly@holehouselnecom IN AFFORE M COVERAGE wuC r INSURER A : Y RIBURED PARADISE ADVERTISING AND MARKETING INC. 150 2nd Ave N Ste 800 St Petersburg, FL 33701-3341 INSURER B : NATIONWIDEINSURANCECOOFAMERICA INSURERC : ALLIED PROP & CASUALTY 25453 0211512016 INSURER D : United States LiabliftinsuranceCo. s 1 000 000 INSURERE: INSURER F : MED EXP &W one anon GL)VERAGES CERTIFICATE BIIIMRFR- nnM4CXI -n DCVICIAY wlaaec�. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I R LT TYPE OF INSURANCE CY NUMBER Y EFF EXP LIMITS A CIENERAL LIABILITY X COMMERCIAL GENERAL LV1&LITY CLAIMS-MADE N OCCUR Y ACPBPOZ3006500381 02115=14 0211512016 EACH OCCURRENCE s 1 000 000 USES IEaoeaeren S 300,000 MED EXP &W one anon S 6.000 PERSONAL R ADV MUURY S 1,000,000 GE1 A LAGGREGATE S 2 000 000 GEWLAGGREGATEUMITAPPLESPER; POLICY PRO - LOC DUCTS- COMPIOPAM rW S 2.000,000 S S AUTOMOBILE I IASLITY ANY AUTO A ED X S LL OWNED NON-OWNED UTOS AUTOS HIRED ALTOS AUTOS ACPBAZ5936087231 0=612014 08/25/2015 CD1�1NE0 BINDLE LIM BODILY INJURY (Per peraon) 1,000,000 S BODLY INJURY (Paraoddrd) S DAMAGE (P r S s C X LIMBRMLA UAB EXCESS LIAa OCCUR CLAIMS-MADE ACP CAP 3006500381 02/16/2014 02115/2015 EACH OCCURRENCE S 2,000,000 AGGREGATE $ 2,000 000 DIED I RETENTION S S WORKERS MISPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? IrMan d ary I eln Wider DESCRIPTION OF OPERATIONS below NIA YrC STATU- DTI+ E.L EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE S El. DISEASE - POLICY LIMIT S D Prof Uablllty SP2550485A 121121!013 12/1212014 Prof LAab 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES lAeach ACORD 101, AddlOonel Remarks Schedule, It more space Is ngWrr d) Contract #10 -5541, for any and all work performed on behalf of Collier County Collier County Government Purchasing Department 3327 Tamiami Trial E Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONtL ACORD rights ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Printed by CMA on September 02, 2014 at 08:58AM .oRa CERTIFICATE OF LIABILITY INSURANCE March 28, 2016 4 F* Busi 7-e7l. RnnT THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endoreement(s). PRODUCER AUTOMATIC DATA PROCESSING INS AGCY 250717 P: F: PO BOX 33015 CONTACT NAME PHONE FAX (A/C, No. E4: (AlC, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# SAN ANTONIO TX 78265 INSURER A: Hartford Underwriters Ins Co 30104 INSURED INSURER B INSURER C: PARADISE ADVERTISING & MARKETING INC EACH OCCURRENCE $ INSURER 0: DAMAGE TO RENTED PREMISES (Ea oca mmco) 150 2ND AVE N STE 800 INSURER E: SAINT PETERSBURG FL 33701 INSURER F: CoVPRAf'ZFC XP (Any one person) $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. UVSR rYPEOF7NSUR4NCE ADDL BUBR POLlCYNUATRER POLLCYEAF AUD POLTCYEXP LMM COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea oca mmco) XP (Any one person) $ NAL d ADV INJURY AGGREGATE LIMIT APPLIES PER: PRO ❑POLICY JECT LOC AL AGGREGATE GENL CTS • COMP/OP AGG OTHER: AUTOMOBILE LIABILITY ED SINGLE LIMIT Dlt) !RD ANY AUTO ALL OWNED SCHEDULED INJURY (Par Person) S INJURY (Par -..am) S AUTOS AUTOS HIRED AUTOS NON-OWNED AUTOS TY DAMAGE dent) s UMBRELLA LIAR OCCUR CCURRENCE EXCESS LU1H CLAIMS -MADE AGGREGATE DEED RETENTION S A rVOREERTLIDMPENNATTON AND&NPLOYERS'LIASLLITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandaroryln00 WA 76 WEG ER0885 12/31/2013 12/31/2014 PFA OT OT X STATUTE H- E.L. EACH ACCIDENT 5 Q Q, 0 0 0 E.LDISEASE-EAEMPLOYEE 500, 000 If yes, describe Or DESCRIPTION OF F OPERATIONS below E.L. DISEASE - POLICY LIMIT 1'5 0 0, 0 0 Q DESCRIPTION OF OPERA77ONS / LOCATIONS / VEHICLES (ACORD 101, Addt tonal Remarks Schedule, may be attached If mom space Is ret Wred) Those usual to the Insured's Operations. P'CDTIf•IrA TC cent n�•s _ lY 1 VOO -LY7V fibVRV %,UKt'AJKA I IUN. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Collier County Government Purchasing Department BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATIVE 3327 TAMIAMI TRL E NAPLES, FL 34112 / lY 1 VOO -LY7V fibVRV %,UKt'AJKA I IUN. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD March 28, 2016 New Business 7 -a Exhijgtdf lj§ Since fiscal year 2008, Paradise Advertising and Marketing, Inc. has been the agency of record for the Collier County Tourism Department's destination marketing efforts through the County's Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB). Paradise Advertising has successfully competed in three formal bid solicitations over that period of time and has been unanimously chosen in each of those solicitations. In the 2006 solicitation they successfully competed against one other firm. In the 2010 solicitation they successfully competed against 3 other firms and in 2014 they successfully competed against 4 other firms. Each agreement included an initial two year term, with two one year renewals. In each additional renewal option, the County exercised their option to renew based on the successful completion of all of the contract terms. Please refer to the attached spreadsheet describing the contract activity, results from each year's marketing activities and the return on the County's destination marketing investment from Fiscal Year 08 to Fiscal Year 16. Notes from Jack Wert � ca rn N Un O U N c .r .N U � c m Z p N ci C `" v M v N 01 O e-1 '7 00 c-L Ol n Lo m » v V1 ri v V ;e ON 0 0 - 0 C. l0 O O r-1 O N LO O �-i N O m O 0) Ln O w W O N M 0 O n O IT O V M en 00 1 ^ M~ U) M W 00 n m V N N M 7 LO 01 c-I V H VT to to t4 to VT V} to c-L V} v+ o N a > O o vpi bD v . a°> w aJ LL o ° N a! 0 0 y d 0 0 `c. 0 0 LV v w E uo c o > a ar a n a m a a 1. c n •N m o m° u a¢ Q¢ w ¢ C m O a} T CL n>- Y C u O u O U O 0 "C U LL n W > E LL C Q LL N M to al E Y O Co U F N m m o N C} LL m UO 7 -O La > 7 ¢ u> C N [ O r- m w ,^ m O 'O O H N O w O C W a/ E } LL X '� ti U a1 m 0_ U > Qj C °� m a a Y X v O E m OCO (0 M C m C O a 'O H a! -p h a1 — c v C - `u a/ G! o v d N > - p a C 'O C a M C 7 3 y w O- O X !a W M f0 0 � A ` O^ Y m° u> E ¢ E a i p Nu ¢ o° a c >° ar o X u '. o w v Lw o E N tw u T C u a o s c c a c C v y m o E n Q a c v N p a ° v 3 o pY .2 OV -ow LL T N C v u -0 Q X 7 ,o E > C u N u u u p -:,= C O 06 m C U a) ,N LL p -O C A -p E C t0 -p 'gyp "O '6 a V C N m — LL O m OJ V N N j 00 j E O E j n O a) n O` a w aJ p aJ a1 C E T N A 3 u C u p u O N -O a O vpi M C O O u a) LL O_ al LL aJ u N C N v c0 •3 w .o 'O C N N +'' - a v un `o v m y E a, > Y n a m E a oii cn n m a a} LL 06 A N w 06 N N w n 3 v C o O m >' C O O c Q O u Q N N C Q > Lw as m oa O O W _ y o y C C a O E > O Lu a 0 v w U} u C .00 U U y U y 'O 7 7 y 'O '6 7 3 O u c H f0 X (7 w-0 0 U w u n w o La U t0 m LL LL a) m 3 0 -o m o co m m m N O o O V V V V Ln Ln a! u a 0 V Ln Ln LCl Ln Ln N N i LD O LD O n LD O O O O O O O N O 14 O V c-L V ci a+ C N 1-tT n 00 LO 3 O O 01 a N ti N O rl N 01 V Q m a O1 M M .--1 V N N Lmn n n M n M M M N R N M M N N M V LO vi V>• Vi v� � � vt vl tNi>• a+ Y O O O O O O O O O O O O O O O O O O O O i C O O O C C C O C C +' C C O Ln O O O O O O O O O O O n V O U oo Ln � ja Q V! M VT C to M VT N V} N VT m to Lo Ln VT N rn 0 O H N O O O O O O O O O C O O O O O O O O O O O O O C VI• O O n N N n W O 00 O l0 O ri O V1 Q In H .--j Vf Vi to V? O V} V} v- - - - -- - - - -- DA C N aJ r L T N V � 2 tR C > y LL C O O C C V C C C C 00 C w C w O M O O M O M O M O M O M O V O Ln C • wl H VT to VT O p C O O O O O O O O co r 7 C O O O C O C O C 00 0 0 O O O 0 O O O O O C Ln O Q C O O O O C C O C d u N VT N t/T N V} N VT N VT N N N t/!• t/T Ln t/? a7 > 2 La ` v ¢ a o LT^ u O J A Y f0 O O LL LL LL O a w} l}L LL L}L L}L L}L L}L March 28, 2016 New Business 7 -b 1 of 94 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid #16 -6566, Media Monitoring to Cision US Inc. and make a finding that this expenditure promotes tourism. OBJECTIVE: To award ITB #16-6566 to Cision US Inc. for Media Monitoring Services on behalf of the Tourism Division. CONSIDERATIONS: 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 analytics of our promotional efforts world -wide. ITB #16 -6566 for media monitoring services was posted on Tuesday, January 5, 2016. E -mail notices were sent to 376 firms with 46 firms downloading the full solicitation package. Three bids were received by the posted deadline of Tuesday, January 19, 2016. One bidder was found non - responsive. The results of the solicitation responses are summarized on the attached bid tab sheet. Staff recommends award of this solicitation to the lowest responsive bidder, Cision US Inc. If approved, staff will issue a purchase order for 12 months of service with the aforementioned vendor. The Procurement Director has approved the Cision US Inc. proposed agreement (attached) pursuant to the County's Procurement Ordinance No. 15 -37. FISCAL IMPACT: The four quarterly installment payments of $2,866.88, for a total annual amount of $11,467.50 is covered in the Tourism Divisions' Board approved FY 16 budget in Fund 184, Contracted Services. 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 the award of Invitation to Bid #16 -6566 to Cision US Inc. for Media Monitoring Services and make a finding that this expenditure promotes tourism. Prepared by: Jack Wert, Tourism Director Attachments: Solicitation, Bid Tab, Proposal, Agreement March 28, 2016 New Business 7 -b 2 of 94 co coKnty Administrative Services Department Procurement Services Division INVITATION TO BID Date: 01/05/2016 From: Adam Northrup (239) 252 -6098 (Telephone) (239) 252 -6302 (FAX) adamnorthrup @colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 16 -6566 — Media Monitoring As requested by the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre -ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.collier-gov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Jack Wert PmammitSery es Di lion • 3327 Tamiami Trail East • Naples, Florida 34112 -0901 • 239 - 2528407• www. colliergov .noUprocurerrrentseraces #16 -6566 Media Monitoring March 28, 2016 New Business 7 -b 3 of 94 Invitation to Bid Index PublicNotice ............................................................................................... ............................... 3 Exhibit I: Scope of Work, Specifications and Response Format ................ ............................... 4 Exhibit II: General Bid Instructions ............................................................. ............................... 8 Exhibit III: Standard Purchase Order Terms and Conditions ....................... .............................14 Exhibit IV: Additional ITB Terms and Conditions ......................................... .............................17 Attachment 1: Vendor Submittal - Vendor's Non - Response Statement ....... .............................23 Attachment 2: Vendor's Check List ............................................................. .............................24 Attachment 3: Vendor Submittal - Bid Response Form ............................... .............................25 Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .......... .............................28 Attachment 5: Vendor Submittal — Immigration Affidavit ............................... .............................29 Attachment 6: Vendor Substitute W — 9 ........................................................ .............................30 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ... .............................31 #16 -6566 2 Media Monitoring March 28, 2016 New Business 7 -b 4 of 94 Coffer county Administrative Services Department Procurement Services Division Public Notice Sealed bid responses for Solicitation 16 -6566 — Media Monitoring, will be received electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:OOPM, Collier County local time on 1/19/2016. Solicitation responses received after the stated time and date will not be accepted. Solicitation 16 -6566 — Media Monitoring All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. 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 Division Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the lobby of the Purchasing Building on 01/05/2016. #16 -6566 Media Monitoring March 28, 2016 New Business 7 -b 5 of 94 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County ") has issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Background The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County, Florida Government, is interested in identifying and contracting a service agreement with a company that provides web -based media monitoring, analytics and database services. Historically, County departments have spent approximately $12,000.00. Scope of Work The CVB seeks a provider for an integrated media monitoring and database service with the following options. 1. Easy to navigate media monitoring system offering coverage of North American media that includes integration with a North American media and social influencer database. Seeking system that includes monitoring of print media, online media, broadcast media and social media as well as a media database for creation of targeted media and social influencer lists, with fast access to specific journalists including editorial suggestions and opportunities and a minimum of 2,500 emails. 2. Full integration of media contacts with media and social media monitoring to track and report outreach efforts. 3. Advanced search options using multiple keywords and the ability to eliminate certain coverage not relevant to the CVB. 4. Ability for the system to recommend digital influencers, bloggers and journalist's accounts to pitch specific stories and to follow on social media including Twitter and Facebook based on the CVB's key messages. 5. Media monitoring and social media dashboards tailored to individual users to manage workflow and access to report creation. 6. Ability to easily share media coverage content with tourism partners /clients (non - public) mentioned in stories we generate. 7. Unlimited storage of clips and reports. 8. Flat fee structure with no maximum or minimum number of story clips per month. 9. Multiple user access (2 minimum) with option to add additional users 10. Ability to pre -set coverage categories for tracking of campaigns and projects for up to 10 at a time. Explain cost structure to achieve project tracking #16 -6566 Media Monitoring March 28, 2016 New Business 7 -b 6 of 94 11. Ability to do back searches for previous months or years. Explain policy and length of time allowed. A qualified /responsive bidder will comply with the following: • Offer quarterly or monthly billing; no pre - payments, one -time payments or upfront payments to initiate services • Be a media monitoring service company with greater than 3 years experience in providing these services. • Experience working with state or local Government agencies for more than 3 years. • Provide credible advertising equivalency as part of the monitoring and analytics to measure value of earned media coverage. • Provide Comprehensive media monitoring system providing the ability to monitor, publicize and analyze: o Print — national press. • Print — option to add international press. Is this service available, and if so, is it included or offered at an additional cost? (yes or no) • Online — social media including coverage of websites, blogs, Facebook, Twitter, and other platforms. • Broadcast media — North American television TV including at least 150 DMAs (designated market areas). • Broadcast media — option to add North American radio. • International broadcast media Term of Contract The contract term, if an award(s) is /are made is intended to be for one (1) year with three (3) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids /projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should #16 -6566 Media Monitoring March 28, 2016 New Business 7 -b 7 of 94 an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in accordance with the following methodology: Determination of a qualified bidder is at the sole discretion of the County and will be determined by the answers to the questions in Attachment 8: Vendor Questionaire. This solicitation will be awarded based on the lowest line 9 total (total base bid) for the products /services list on Attachment 1: Vendor Response form. Line 9 is calculated multiplying the unit prices of lines 1 -8 by the quantity to yield the total for each line. Then by adding together those totals for lines 1 -8 to yield line 9, Base bid total. (section 1). The Blank line lines in section 2, alternate bid, are provided if there are additional services offered by your company. Any items under section 2 are not included in the award formula. DO NOT INCLUDE SURCHARES IN THIS SECTION. Any surcharges and fees should be incorporated into the pricing structure of section 1. ANY ITEMS IN SECTION 2 ARE NOT CONSIDERED IN THE AWARD FORMULA. Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select a single awardee. The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County's project manager: Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back -up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Generally speaking, the County assumes the project risk, the administration is more time consuming, and the County pays for the labor efforts and materials used to complete the project, including changes due to unforeseen conditions. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). Term of Contract #16 -6566 Media Monitoring March 28, 2016 New Business 7 -b 8 of 94 The contract term, if an award(s) is /are made is intended to be for one (1) year with three (3) one year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Timetable Event Date Issue Solicitation Notice 01/05/2016 Last Date for Receipt of Written Questions 01/14/2016; 3:OOPM Solicitation Deadline Date and Time 01/19/2016; 3:OOPM Anticipated Evaluation of Submittals Week of 01/25/2015 Anticipated Board of County Commissioner's Contract Approval Date February 2016 Vendor Required Documents • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W -9 • Attachment 7: Insurance and Bonding Requirement • Attachment 8: Vendor Questionnaire #16 -6566 Media Monitoring Exhibit II: General Bid Instructions 1. Purpose /Objective March 28, 2016 New Business 7 -b 9 of 94 As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and /or attached herein /hereto. The successful vendor will hereinafter be referred to as the "Vendor' All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non - responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and /or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and /or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #16 -6566 Media Monitoring March 28, 2016 New Business 7 -b 10 of 94 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and /or clarify the requirements of the bid specifications where it deems necessary. Any such addendum /clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications rip or to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.coiliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: www.colliergov.net /bid. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.collier-gov.net/bid. Questions will not be answered after the date noted on the ITB. 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 identified in the Public Notice. #16 -6566 Media Monitoring March 28, 2016 New Business 7 -b 11 of 94 10. Protests Any prospective vendor / 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. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non - responsive. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 2013 -69 establishing and adopting the Collier County Purchasing Ordinance. 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. Under this solicitation, bidders 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 bidder who fails to submit sufficient documentation with their bid 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. Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non -local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non -local business, then the local business with the apparent lowest bid #16 -6566 10 Media Monitoring March 28, 2016 New Business 7 -b 12 of 94 offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug -free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, f r o m the lowest non -local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non -local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non -local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders 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. 13. 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 #16 -6566 11 Media Monitoring March 28, 2016 New Business 7 -b 13 of 94 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. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 15. 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. 16. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug -free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. #16 -6566 12 Media Monitoring March 28, 2016 New Business 7 -b 14 of 94 Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. 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. #16 -6566 13 Media Monitoring March 28, 2016 New Business 7 -b 15 of 94 Exhibit III: Standard Purchase Order Terms and Conditions Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and /or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and /or services, or any similar act by VENDOR. Inspection All goods and /or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and /or services provided early in the term of the Purchase Order are non - conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of #16 -6566 Media Monitoring delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and /or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. 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," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. 14 VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification #16 -6566 Media Monitoring March 28, 2016 New Business 7 -b 16 of 94 VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on 15 the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or 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 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 the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR 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 VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and #16 -6566 Media Monitoring March 28, 2016 New Business 7 -b 17 of 94 conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. 16 March 28, 2016 New Business 7 -b 18 of 94 Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and /or Services During the contract term, Collier County reserves the right to add related items and /or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and /or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. 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. 3. Vendor Performance Evaluation Collier 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 agreement. 4. Deductions for Non - Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non - performance. 5. 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. 6. 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. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. #16 -6566 17 Media Monitoring March 28, 2016 New Business 7 -b 19 of 94 7. Florida Wood Products The Vendor /Contractor agrees to comply 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. 8. 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. 9. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 10. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair /replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired /replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager, shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 11. 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 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. 12. Invoice and Payments 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: #16 -6566 18 Media Monitoring March 28, 2016 New Business 7 -b 20 of 94 Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a-)collierclerk.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. 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. 13. Survivability Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 16 -6566 will survive and remain #16 -6566 19 Media Monitoring March 28, 2016 New Business 7 -b subject to the terms and conditions of that Agreement until the completion or termination 2dfj��4 Purchase Order. 14. 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 Insurance and Bonding Requirements 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 "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 Requirements 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. #16 -6566 20 Media Monitoring March 28, 2016 New Business 7 -b Should at any time the Vendor not maintain the insurance coverage(s) required herein, &of 94 County 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. 15. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty -four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.colliergov.net/purchasing. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non - responsive. 16. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 17. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and /or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and /or materials required for job including brand and /or model number or type if applicable #16 -6566 21 Media Monitoring March 28, 2016 New Business 7 -b • Pricing and availability of goods and /or materials provided under Vendor's agreemenR $Ji t�4 material suppliers 18. Grant Compliance The purchase of any goods and /or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 19. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. All equipment must be new and of current manufacture in production at the time of ITB opening, and carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and /or acceptance by the County. #16 -6566 22 Media Monitoring March 28, 2016 New Business 7 -b 24 of 94 corer coKnty Administrative Services Department Procurement Services Division Attachment 1: Vendor Submittal - 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 why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 16 -6566 — Media Monitoring ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood (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): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature / Title Type Name of Signature Date: #16 -6566 23 Media Monitoring March 28, 2016 New Business 7 -b 25 of 94 Coder County Administrative Services Department Procurement Services Division Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor 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. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 16 -6566 — Media Monitoring • Opening Date: 1/19/2016; 3:OOPM 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. 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 BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date #16 -6566 24 Media Monitoring wilier county Administrative Seances Department Procurement Services Division Attachment 3: Vendor Submittal - Bid Response Form WOO M1, Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 16 -6566 — Media Monitoring Dear Commissioners: March 28, 2016 New Business 7 -b 26 of 94 The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: SECTION 1: BASE BID Line Description UOM Quantity Unit Price Total 1 North American Media Database Monthly 12 11 2 Advanced PR Releases with Images Monthly 12 3 Online and LexisNexis Print monitoring North America Monthly 12 4 North American broadcast monitoring Monthly 12 5 Social media monitoring Monthly 12 6 International monitoring Monthly 12 7 Additional Concurrent User(s ) Monthly 12 8 News Royalty Fees Monthly 12 9 Base Bid Total SECTION 2: ALTERNATE BID: Line Description UOM Quantity Unit Price 10 11 12 13 Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. #16 -6566 25 Media Monitoring March 28, 2016 New Business 7 -b 27 of 94 Prompt Payment Terms: % Days; Net _ Days ❑ Bid Response Form is electronic. Please input your prices online. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. #16 -6566 26 Media Monitoring March 28, 2016 New Business 7 -b IN WITNESS WHEREOF, WE have hereunto subscribed our names on this daj8d9 94 ,20 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone Number FAX Number Signature / Title Type Name of Signature Date ********************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #16 -6566 27 Media Monitoring March 28, 2016 New Business 7 -b 29 of 94 Cole,- coulity Administrative Services Department Procurement Services Division Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 16 -6566 — Media Monitoring (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 under this section. 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: Address in Collier or Lee County: Signature: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Date: Title: 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) #16 -6566 Media Monitoring 28 March 28, 2016 New Business 7 -b Co 67 County 30 of 94 Administrative Services Department Procurement Services Division Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: 16 -6566 — Media Monitoring 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 Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of , 20_, by (Print or Type Name) Notary Public Signature Printed Name of Notary Public who has produced as identification. (Type of Identification and Number) 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. #16 -6566 29 Media Monitoring March 28, 2016 New Business 7 -b CU le>r COWIty 31 of 94 Administrative Services Department Procurement Services Division Attachment 6: 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 _Corporation (as shown on income tax return) _Tax Exempt (Federal income tax - exempt entity Business Name under Internal Revenue Service guidelines IRC (if different from taxpayer name) 501 (c) 3) 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, 1 certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #16 -6566 30 Media Monitoring March 28, 2016 New Business 7 -b 32 of 94 co leer c01411ty Administrative Services Department Procurement Services Division Attachment 7: Vendor Submittal - 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 $100,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $500,000 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. 4. ❑ Automobile Liability $ 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 ❑ 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 $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 ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty / Crime $ Per Occurrence #16 -6566 31 Media Monitoring March 28, 2016 New Business 7 -b Including Employee Theft, Funds Transfer Fraud, Include a Joint LoN of 94 Payee endorsement naming Collier County. 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. JW 12/22/15 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 Vendor Signature Print Name Insurance Agency Agent Name #16 -6566 Media Monitoring Date Telephone Number 32 March 28, 2016 New Business 7 -b 34 of 94 corer coKnty Administrative services Department Procurement Services Division Attachment 8: Vendor Questionnaire Please answer the following questions in reference to the services your company offers. 1. In line 1 of the Vendor Response form, how many emails do you include in the quoted price? 2. In line 2 of the Vendor Response form, how many advanced PR releases are included with the quoted price? 3. How many users are included with yearly fees? 4. Is North American radio monitoring included with line 4 yearly fees? 5. How many North American television DMA's are included in line 4 yearly fees? 6. How many years experience does your company have in media monitoring? 7. How many years has your company performed media monitoring for government agencies. Please list the most recent agencies. 8. Are you willing to accept quarterly or monthly billing, with no prepayments? Company Signature Print Name #16 -6566 Media Monitoring Date 33 co -0 v rn N N O N N N C M .N coU O c m Z i 0 4) z Z z z z L V L Jr O 3 o z a, LO 0 LO c C z� -�� u aj E U c O i N tv > u C J Q1 N 4-J 72 i a U fl. L V) N a N N -0 p L u v :3 O:3 m 3 N v (/I cr L N L L M U CL L O z E Q N f� L cn c (U E L U O L n. C O w c c� N Q% +-+ J March 28, 2016 New Business 7 -b 36 of 94 call e-r coumty Administrative Services Department Procurement Services ONision Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor 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. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 16 -6566 — Media Monitoring • Opening Date: 111912016; 3:OOPM 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. 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 BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. �} Cision UPS Inc. Co 1 m Signatu e & Ti e I 1 Y Date #16 -6566 24 Media Monitoring March 28, 2016 New Business 7 -b 37 of 94 corker cnKnty Administrative Services Department Procurement Services Division Attachment 3: Vendor Submittal - Bid Response Form FROM: Cision US Inc. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 16 -6566 — Media Monitoring Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: SECTION 1: BASE BID PLEASE SEE THE PRICE LIST IN THE SUPPLEMENTAL PROPOSAL DOCUMENT FOR FURTHER INFO Line Description UOM Quantity Unit Price Total 1 North American Media Database Annually 1 7,417.50 2 Advanced PR Releases with Images Annually 1 3 Online and LexisNexis Print monitoring North America Annually 1 4 North American broadcast monitoring Annually 1 5 Social media monitoring Annually 1 6 International monitoring Annually 1 2400 7 Additional Concurrent Users Annually 1 1050 8 News Royalty Fees Annually 1 600 9 Base Bid Total 11,467.50 SECTION 2: ALTERNATE BID: Line Description UOM Quantity Unit Price 10 11 12 13 #16 -6566 25 Media Monitoring March 28, 2016 New Business 7 -b 38 of 94 Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net _ Days Due to monthly payment scheduling planned by the account representative a 10% upcharge is included within the final list price for all services. ❑ Bid Response Form is electronic. Please input your prices online. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. #16 -6566 26 Media Monitoring March 28, 2016 New Business 7 -b 39 of 94 i IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 19 day of January, 2016 in the County of Cook, in the State of Illinois. Firm's Complete Legal Name Cision US Inc. Address 130 E Randolph St City, State, Zip Chicago IL 60601 Florida Certificate of Authority P10000014936 Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone Number FAX Number Signature / Title Type Name of Signature Date 36- 4011543 1 Dios 866 - 639 -6087 ,% 1 t wwwwwwwwwwwwwwwwwtewwwwwwwwwwwwwwwwwwwwwwwwwwwwvew• wxwwwwxww* wwwwwwwwwww, rwwww ,rww,twww,tww * *�wwwwww�w *www Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #16 -6566 27 Media Monitoring March 28, 2016 New Business 7 -b ,� 40 of 94 Collier Co>N.nty Administrative Services Department Procurement Services Division Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 16 -6566 — Media Monitoring (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 under this section. 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: Address in Collier or Lee County: Signature: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Date: Title: 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) #16 -6566 Media Monitoring 28 March 28, 2016 New Business 7 -b 41 of 94 Co per Administrative Services Department Procurement Services Division Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: 16 -6566 — Media Monitoring 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 I 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 Cision US, Inc. Print Name Chris Cutino Signature State of Maryland County of Prince George's Title VP, Sales Date 1/15/2016 The foregoing instrument was signed and acknowledged before me this �day�o,�fy., ( Jan 2016 , by Chris Cutino who has produced DL # C D " ( - �s ides iA ation. (Print o , pe Name) (Type of Identification and Number) -Notdry Public tgna re Share L. Gomes Printed Name of Notary Public 3 June 2, 2016 t Notary Commission Number /Expiration Notary Public- Maryland Prince Georges's County My Commission Expires June 02, 2016 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. #16 -6566 29 Media Monitoring March 28, 2016 New Business 7 -b 42 of 94 cOY[;e,- C014"ty Administrative services Department Procurement Services Division Attachment 6: 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) (as shown on income tax return) Business Name (if different from taxpayer name) Address 130 E Randolph St. 71� Floor City Chicago State Illinois Zip 60601 Telephone 866 -639 -5087 FAX 312 - 240 -0350 Email n/a Order Information Remit / Payment Information Address 130 E Randolph St. 7Lh Floor Address 130 E Randolph St. 7111 City Chicago State IL Zip 60601 I City Chicago State IL Zip 60601 FAX 312 -240 -0350 Email 2. Company Status (check only one) FAX 312- 240 -0350 Email -7 Individual / Sole Proprietor X Corporation Partnership Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) C 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) 36- 4011543 (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: U der penalties o perjury, / certify that the information shown on this form is correct to my knowledge. Signature Date Title �3. r ] Phone Number #16.6566 30 Media Monitoring March 28, 2016 New Business 7 -b 43 of 94 COAT 0014ftty Administrative Services Department Procurement Services Division Attachment 7: Vendor Submittal - 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 $100,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $500,000 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. 4. ❑ Automobile Liability $ 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 ❑ 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. ❑ Pollution ® Professional Liability • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability ❑ Valuable Papers Insurance ❑ Employee Dishonesty / Crime #16 -6566 Media Monitoring $ Per Occurrence $ Per Occurrence $1,000,000 per claim and in the aggregate $ Per Occurrence $ Per Occurrence $ Per Occurrence 31 March 28, 2016 New Business 7 -b 44 of 94 Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 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. JW 12/22/15 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 Cision US Inc. Date 1 Vendor Signature Print Name Insurance Agency Lockton Companies Agent Name Telephone Number 202- 414 -2400 #16 -6566 32 Media Monitoring March 28, 2016 New Business 7 -b 45 of 94 Carder Coi.*ity Administrative Services Department Procurement Services Mvision Attachment 8: Vendor Questionnaire Please answer the following questions in reference to the services your company offers. 1. In line 1 of the Vendor Response form, how many emails do you include in the quoted price? 2. In line 2 of the Vendor Response form, how many advanced PR releases are included with the quoted price? 3. How many users are included with yearly fees? 4. Is North American radio monitoring included with line 4 yearly fees? 5. How many North American television DMA's are included in line 4 yearly fees? 6. How many years experience does your company have in media monitoring? 7. How many years has your company performed media monitoring for government agencies. Please list the most recent agencies. 8. Are you willing to accept quarterly or monthly billing, with no prepayments? Please see the responses on the supplemental proposal document Cision US Inc. Company I. Signature 0 � f Print Name Date #16 -6566 33 Media Monitoring March 28, 2016 New Business 7 -b 46 of 94 CISIC N 8 Power Your Story. PROPOSAL FOR: NAPLES, MARCO ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU NAPLES MARCO ISLAND EVERGLADES FLORIDA'S PARADISE COAST DUE 1/19/2016 (PRICING VALID 30 DAYS AFTER SUBMISSION DATE) VISION CONTACT Justin Tankersley Sales Executive 12051 Indian Creek Ct. Beltsville MD 20705 866 - 639 -5087 Justin.tankersley(a)cision.com cision.com EXECUTIVE SUMMARY Thank you for your interest in Cision. We appreciate the opportunity to develop a partnership with your team, and serve as your team's long -term partner for its public relations software management needs. Cision is a leading provider of public relations software that enables professionals to plan, execute and measure influencer- oriented campaigns in one integrated platform. Communications professionals from over 120,000 corporations, agencies and nonprofits use Cision to access the world's largest media and blogger database, distribute press releases, manage influencer outreach, measure social media activities, and analyze the effectiveness of communications campaigns. Cision combined with Vocus and includes PRWeb, Help a Reporter Out (HARD), iContact, Gorkana, Viralheat and Visible product families. Headquartered in the United States, Cision has offices across North America and Europe. Why has Cision software become so popular? Part of the answer is our award - winning technology. Our built- for - the -Web software platform delivers exceptional speed, reliability and functionality. The software - as-a- service model eliminates the need for clients to invest in additional hardware or to involve their IT departments in the support of our products. Our on- demand software is easy to implement, leading to rapid adoption and a quick payoff in productivity and savings. Another reason for our success is that Cision products are scalable so analysis and measurement outputs can be adjusted to meet the growing needs of our clients. We deliver our solutions over the Internet using a secure, scalable application and system architecture, which allows our customers to eliminate expensive up -front hardware and software costs and to quickly deploy and adopt our software. We were an early pioneer in hosted, multi- tenant, on- demand software. Our success in meeting the needs of our industry and our customers has earned Cision considerable recognition throughout the years. Through the culmination of strong partnerships within the industry we continue to be the leading provider of PR and Marketing software. Not only does Cision offer the technology and infrastructure to support the Conventions and Visitors Bureau -- now and in the future -- but we are also a stable, growing company that you can continue to confidently partner with over the long term. Sincerely, Justin Tankersley Sales Executive CISION Cision is a leading global media intelligence company, serving the complete workflow of today's communications, social media and content marketing professionals. Offering the industry's most comprehensive PR and social software, rich analytics and a Global Insights team, Cision enables clients to improve their marketing and strengthen data - driven decision making. Cision also represents the Gorkana Group, PRWeb, Help a Reporter Out (HARD) and iContact brands. Headquartered in Chicago, Cision has over 100,000 customers worldwide and maintains offices in Canada, U.K., France, Germany, Portugal, Sweden, Finland and China. WHY COMPANIES CHOOSE CISION • Find more publicity opportunities and connect with influencers who can best tell your stories • Better understand your corporate reputation and the impact of your PR efforts, which gives direction for future communications strategies • Expand your network by creating targeted media lists, sourced from Cision's industry leading database • Combine traditional and social media coverage with one comprehensive solution, giving you a complete picture of your brand's reputation and competitive landscape • Cision provides organizations with the tools to easily monitor millions of sources and gives them analytics to share results WHY COMPANIES CHOOSE CISION Cision's services have helped thousands of clients to connect with the right contacts and understand their impact in the media. See below for comments regarding our services from a handful of our valued clients: Allianz li AWETEK® "Once we loaded our content into Cision's platform it began hitting the big name websites. We immediately saw an increase in all of our metrics. Since we started the Cision content marketing program, referral traffic to our website has increased by 20 percent." Daniel Durazo, Director of Communications, Allianz "Cision's user - friendly interface, top -notch customer service and up -to- date media contact information is the reason why it's been bookmarked on my toolbar (next to The New York Times) since 1 started my PR career back in 2005. Cision is the PR Bible and an invaluable co- worker in the ever - changing media landscape." Dave Blodgett, Senior Account Manager, HL Group " Cision won our hearts decisively, with excellent social media access, traditional media, the ability to weight stories pro %on /neutral ourselves rather than using their eighting system... pubs go down to community paper level, and the interface is very intuitive." Margaret Lisi, VP, Communications Object 9 "/ am extremely pleased with Cision's online media database and monitoring. I selected Cision after carefully considering all options because Cision offered the best quality products and services that fit my needs exactly." Jim McKinley, Public Relations Manager Ametek RESPONSE TO SCOPE OF WORK Below are the specifications outlined in the RFP provided by CVB and our responses detailing how this package will successfully address these points: Easy to navigate media monitoring system offering coverage of North American media that includes integration with a North American media and social influencer database. Seeking system that includes monitoring of print media, online media, broadcast media and social media as well as a media database for creation of targeted media and social influencer lists, with fast access to specific journalists including editorial suggestions and opportunities and a minimum of 2,500 emails. Cision reads and scans tens of thousands of national, regional, and local newspapers, consumer magazines, business, trade journals, newsletters, and more for mentions of your company, products, brands, or competitors. All key terms can be customized to user's preferences based on your monitoring needs. Cision streams more than 25,000 hours of broadcast content daily, from a11210 DMAs in the United States. The system monitors all forms of social media, including more than 150 million blogs, social networking sites, forums, opinion sites and more, from a single dashboard. In addition to blogs and forums, users have access to monitor public tweets within Twitter. At Cision, we constantly strive to be able to give you the most access to media monitoring, regardless of the medium, and will continue to partner with best of breed organizations so you can have superlative content under one roof to serve all your monitoring needs. From your key publicity that you are generating, clients can seamlessly build an influencer list to target those currently engaging and talking about their brand. Everything within our Cision PR Edition platform communicates and speaks to each other so users can go from media mention to list building with a click of a button for ease of use. Furthermore, our monitoring streams functionality lets users build a monitoring stream on their key influencers to see what they are talking about currently on Twitter and what's front of mind so they can engage and target their outreach at the most pivotal times. The Cision Premium Media Database is the most comprehensive media database in the industry. We have moved beyond traditional journalist contacts to allow you to manage your entire world of influencers in one place found using Cision's Influencer Search. Each contact's premium profile includes relevant contact information, ongoing stream of social activity, and professional history along with detail on their specific beats they report on. Influencers can be grouped into customized media lists and saved in the platform for continue referral. We also provide suggestions for similar contacts you may be interested when viewing an Influencer's Premium Profile. The package includes 50,000 distribution points allowing users to have the ability to reach the breadth of our large database with their tailored releases. Full integration of media contacts with media and social media monitoring to track and report outreach efforts. We provide you with rich profiles comprised of media contacts, media outlets, bloggers, analysts, and publicity opportunities such as editorial calendars, awards, conferences and tradeshows. Easily filter niche media by geographic location whether it be for local markets, on a national scale or global. The profiles provided by the Cision Media Research Team go beyond contact information and beat codes. You will be able to gain a 360 degree view of each media contact, blogger or publication from a single profile, including: • Easily add an influencer to a media list with a simple click of a button to seamlessly manage your influencer lists. • Follow, reply, retweet, favorite and direct message with media contacts directly from their profile and share tweets with your Twitter community. • Get detailed intel around likes, dislikes and pitching advice for individual influencers to be more successful in your outreach and ensure you are targeting the right media. • Our history tab within a profile is designed like a relationship management tool to help teams interact and organize their PR efforts. Use the history tab to keep track of recent interactions with the influencer. Your conversations via Twitter with influencers will be tracked in a history log within the profile so that you can keep track of outreach and engagement. • You might also like sections will provide you suggestions on additional influencers you may be interested in based on the beat and topic you are targeting. Cision PR Edition makes it easy to track and report on not only activity engagement and outreach with influencers but how your performed in the media and the publicity you garnered. We make it easy to get an all- encompassing look at your PR efforts and success based on metrics critical to your business. Advanced search options using multiple keywords and the ability to eliminate certain coverage not relevant to the CVB. Cision PR Edition allows you to monitor for unlimited keywords and articles without per clip fees, monthly access charges or limits to keywords, agents and search terms with the exception of Social Media. Social Media does have an annual limit for the number of articles which is outlined in the pricing section of this document. The Boolean search style allows for chosen words or phrases to be identified and excluded from the search to block them from entering your account. Users also have hands on access to the results in the platform with the ability to select any coverage in their account and delete it from their view or completely. We encourage clients to work with our news consultants on an ongoing basis to ensure we have the most refined search strings set up so only the most relevant news comes in. Whether you are looking to hone in on the most niche influencers in our database or combing through your media coverage, we offer a variety of search filters to let you refine your coverage and focus attention and take a deeper look into segments of news coverage based on your preferences. Ability for the system to recommend digital influencers, bloggers and journalist's accounts to pitch specific stories and to follow on social media including Twitter and Facebook based on the CVB's key messages. Coupled with Cision's highest quality and most comprehensive media database, our Influencer Search discovers top influencers engaged in niche conversations using state -of -the -art real -time listening and engagement capabilities. • Drive broader awareness of your brand's media activities, campaigns, products and services • Develop valuable partnerships and alliances to reach new audiences • Discover and engage with trendsetters in your industry to expand influencer relationships • Direct future product and media marketing efforts based on the latest trends Cision also offers the use of Media List streams in our monitoring services. This stream allows businesses to pull any saved contact or outlet list into Streams, providing real -time insights on what contacts are writing about and who they interact with on Twitter. A Contact Stream will pull all available media contacts' Twitter handles into a Stream and an Outlet Stream will pull in all available Twitter handles of contacts associated with those outlets. Hover over the name of your Stream to access keyword and Trending Topic based filters. Engage with media contacts directly via Reply, Retweet, Favorite, and Direct Message. Share with and send original Tweets to your own Twitter audience. This new monitoring engagement tool will help users build deeper relationships with the media and expand their social networks. Based on beats and topics that you are focusing on, we will recommend like - minded influencers for our clients to help bolster media relations and strengthen their media lists. Media monitoring and social media dashboards tailored to individual users to manage workflow and access to report creation. We make it easy for you to dive even deeper into your mentions to further understand reach surrounding your publicity. Whether it's circulation metrics with print, UVPM for online mentions, Nielson Audience and Arbitron Rating for broadcast and following /follower insights with social media you will be able to see actionable insights with key meta data surrounding your coverage and further break it down in a rolling dashboard so users have an all- encompassing view of their data and success in real time. Cision's user facing dashboards are designed for ease of use and are customizable for users to change the layout of their accounts in order to focus the view on what users want to see and have quick access to, such as certain media events, influencer groups etc. These customizable dashboards are designed to maximize functionality of the services. Ability to easily share media coverage content with tourism partners /clients (non - public) mentioned in stories we generate. You can create reports to best showcase overall success of PR efforts, a Birdseye report to help you display activity and progress around a key project, an activity summary report to understand how your team's progress has been with media outreach and many, many more. Clients can even create custom reports to show segments of data based on their relevancy. Reports can be included in a variety of reach figures including circulation for print articles and UVPM for online articles. These can then be shared with partners or clients as frequently as desired. Daily Alert/press reports (word or pdf) Cision's platform includes the ability to create a daily email report. The daily report can include content from radio, broadcast, online new articles mediums, etc., and be sent to a list of recipients of the user's choosing. Alerts can be customized by user, date, news source, DMA and more, and can be sent multiple times a day as needed. Reports can be output in Word, Excel and PDF while data can be exported via Excel, RSS and XML. Unlimited storage of clips and reports. Our team provides 90 days of historical content for your keywords /topics of interest, which is the length of the standard archive. A two year rolling archive is available upon request at an additional cost, which allows you to view, store and use historical data pertaining to your company in the analysis of your campaigns and impact in the media. Please note that the two year archive is applicable to online and broadcast media mentions only, please reach out to your sales representative if you wish to include this service in your package. There are 5,000MB of storage with this package, to add more please reach out to your sales representative Flat fee structure with no maximum or minimum number of story clips per month. The price quoted to you and signed off on in the contract with Cision is what you will pay with no hidden costs later down the line. If additional services are added at the request of the user then the customer will be invoiced respectively. Cision PR Edition allows you to monitor for unlimited keywords and articles without per clip fees, monthly access charges or limits to keywords, agents and search terms with the exception of Social Media. Social Media does have an annual limit for the number of articles which is outlined in the pricing section of this document at a maximum of 120,000 clips. Multiple user access (2 minimum) with option to add additional users Customized features on the dashboard can be accessed or changed at any time. Changes are saved to the default next time the user logs in to their account. The platform includes the capability to support 2 logins (with access for several users per seat) to meet the requirements of your needs. If you would like to add more users please contact your sales representative who will advise you on the price and the steps of the easy process. Cision PR Edition can be used on any web enabled device as it is a cloud based system, therefore the platform can be accessed by a mobile phone. Due to the busy lifestyles of our clients, Cision PR Edition has developed a new IOS app that can be downloaded now to allow users to access a stream of their most important news coverage, with easy to use options to share news with internal stakeholders or social followers. Ability to pre -set coverage categories for tracking of campaigns and projects for up to 10 at a time. Explain cost structure to achieve project tracking Users have the option of using Boolean search terms or a built -in guided search tool that makes it very easy for those unfamiliar with Boolean to create effective queries. There is no limit to the complexity or length of queries and we allow unlimited searches that can be stored in a customizable folder system. Queries and any applicable filters are easily viewed from many places within the platform. A dedicated News Consultant will be assigned to your account to assist you with setting up an complex Boolean search strings to ensure you are receiving the most relevant and accurate results. Within your monitoring coverage, we make it easy to categorize your coverage to enable you to breakdown key metrics around themes, products, competitors, etc. A news consultant can assist with the set -up of these categories and then the system automates it moving forward for a more simplified process for our clients. Cision PR Edition's is a collaborative tool that makes it easy for teams to understand individual and department impact around specific events or campaigns. The activity functionality serves as a CRM tool for your department to understand specific media outreach conducted over a given period time. Furthermore, create projects within the system to measure all the traction for an individual campaign and get an all - encompassing look into the activities surrounding media outreach, distribution and media attention garnered from this event. Clients can then report of their activities or projects to garner and all- encompassing look into the impact and success generated by a project. Ability to do back searches for previous months or years. Explain policy and length of time allowed. Cision's platform allows the user to archive meta data (title, date, impressions, and outlet) of news segments to be included in yearly, quarterly and monthly reports. Please note that full text for any LexisNexis print articles will purge after 90 days based on publisher agreements. For online content, Cision will provide you a link to easily view any article in which your keywords are mentioned and for broadcast content we will provide the closed caption text for broadcast and streaming previews which are available for 28 days with the additional option to archive the clip for an additional fee. All meta data for all media types will remain for analytics and reporting as your storage limit allows. Additional storage may be purchased at any time. BID REQUIREMENTS A qualified /responsive bidder will comply with the following: Offer quarterly or monthly billing; no pre - payments, one -time payments or upfront payments to initiate services Please see your sales representative for billing details specific to your contract. Be a media monitoring service company with greater than 3 years' experience in providing these services. Cision started as the advertising department of Svenska Telegrambyr6n —a company providing press clipping services in Sweden —in 1892. Since then we've added media database and distribution services, comprehensive monitoring and social listening, content marketing solutions, media analysis, and government relations software to our product offerings. Over the years we've operated under different names such as Observer, Romeike, Bacon's and Bowdens. In 2007, we rebranded as Cision. In 2014, we combined with Vocus and added Gorkana Group, Visible Technologies, PRWeb, Help a Reporter Out (HARO) and iContact to our family of brands. Today, with more than 100,000 customers and offices in nine countries, Cision is the leading provider of public relations and social software. Experience working with state or local Government agencies for more than 3 years. As a private company we cannot release any specific information about our clients but we can confirm that we have worked with a large number of government agencies for many years and continue to provide custom services to many similar companies. Provide credible advertising equivalency as part of the monitoring and analytics to measure value of earned media coverage. In Cision's PR Edition, users can create, save, and share charts, graphs, and maps directly within Cision's media monitoring software to show ROL At Cision, we provide our clients with Ad Value to help monetize their PR efforts. Assess your media coverage at a glance with metrics such as reach, media mix, tonality, frequency, ad value and more. The platform allows users to assign tone manually, and hits include information such as views, subscribers, circulation, distribution, and impressions. Cision's analytics uses the most reliable metrics to quantify the reach of your media coverage and PR campaigns. With Cision's targeted analytics and daily, monthly, and quarterly reporting, you get a measurement program that benchmarks against competitors, accounts for brand reputation and provides actionable intelligence for your coverage, not just clips. VENDOR QUESTIONNAIRE 1. In line 1 of the Vendor Response form, how many emails do you include in the quoted price? There are 50,000 emails included in the package proposed. 2. In line 2 of the Vendor Response form, how many advanced PR releases are included with the quoted price? There are 3 advanced PR released in the package proposed. Please speak to your sales representative if you wish to increase the amount of releases. 3. How many users are included with yearly fees? There are 2 concurrent users included in the package proposed. Please contact your sales representative if this number needs to be amended. 4. Is North American radio monitoring included with line 4 yearly fees? Radio content is included with the broadcast services provided in this package. 5. How many North American television DMA's are included in line 4 yearly fees? Cision streams more than 25,000 hours of broadcast content daily, from all 210 DMAs in the United States, 6. How many years' experience does your company have in media monitoring? Cision has over 100 years' experience in the industry. Starting by providing companies with press clippings in Sweden in 1892 to now where we have grown to be an industry leader in media monitoring and database services. 7. How many years has your company performed media monitoring for government agencies. Please list the most recent agencies. As a private company we do not release any client information, but we can ensure that we have been satisfying the monitoring and database needs of many government agencies for many years. If you require references of a curated list of government clients please see your sales representative. 8. Are you willing to accept quarterly or monthly billing, with no prepayments? Cision provides flexibility to our clients based on payment needs and will work with you to come up with the best solution for both you and Cision. Please see the pricing page of this document for further details. THE RECOMMENDATION - CISION PREMIUM PACKAGE The Premium Package includes access for 2 concurrent users, the ability to create and customize user - defined fields, and up to 5,000MB of storage. Additional users, emails and storage can be added on to your package. Cision Media Database: North America Access to our North American media contacts, outlets and editorial opportunities for one concurrent user. Includes 50,000 emails which expire at the end of the contract period. Provides premium pitching tips including preferred contact methods, topics of interest, and biographical information. Includes activity and project tracking and analytics to enable you to manage all aspects of your media campaigns. 3 MILLION I UPDATES ANNUALLY 1.6 MILLION OUTLETS, INFLUENCERS, & OPPORTUNITIES 11 0 350K+ GLOBAL OUTLETS • SSOK+ GLOBAL CONTACTS 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. The package includes unlimited hits and search terms. Cision and LexisNexis formed a strategic alliance to give you a competitive edge with access to news content of print sources such as newspapers, magazines, trade /business journals, and newsletters. This content gives you access to an extensive archive of LexisNexis content to monitor and analyze the news coverage that matters most to you. Easily search the LexisNexis news database and quickly understand what's being said about your organization, brands, and competitors on virtually any topic across the globe. MONITOR METRICS SCAN BRAND MENTIONS Broadcast Monitoring: US Monitor the closed- caption text from national and cable news television programs as well as local coverage in US markets. Receive video streams of your coverage with tools to easily edit and share coverage. Watch your coverage spread as it happens with broadcast media monitoring —and see why broadcast has a greater impact on public opinion than any other media. Cision streams more than 25,000 hours of broadcast content daily. Powered by critical mention, coverage is delivered directly to your platform. Use our self - service tools to manage your broadcast items —fully integrated with your other media monitoring coverage. Edit your preview video to increase or reduce segment length. Understand your impact Easily comprehend coverage with detailed audience analyses, including audience figures and publicity value data that can be delivered via email. Go further and create reports to highlight coverage, reach and perception of your brand. Social Media Monitoring Monitor millions of blogs, social media sites and Twitter. Package upgraded to receive up to 120,000 results per year. Learn who is talking about your brand and transform one -sided mentions into conversations and relationships. With one click, find quality content you can share with your audience via multiple social networks. Monitor all forms of social media — including more than 150 million blogs, social networking sites, forums, opinion sites and more —from a single dashboard. Rank top tweeters and bloggers by their number of followers, retweets, blog comments and activity volume. With the proposed package, you will be able to receive 120,000 hits per year. Higher volumes are available for an additional fee. Identify the social conversations and influencers that impact your brand. Turn mentions into relationships by monitoring and engaging with authors of 150 million digital platforms. Demonstrae ROI for viral elements of your stories with publicity values for each post. Gauge sentiment and use integrated charts to show the impact of brand mentions across media. Standard Analytics Charting and analytics that allow you to analyze news based on custom categories including company, message, product, spokespeople or brand. Includes impact and prominence scoring of articles. ATTACHMENTS Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) Attached is Cision's most recent Florida Profit Corporation Annual Report. If any further information is required please contact your sales representative. Please see the requested supplemental form titled `Exceptions to Specifications' for further details. ANNUAL PRICING SCHEDULE - CISION PREMIUM PACKAGE Two concurrent users with access to: • Premium Media Database — North America (up to 5,000 Emails) • News OnDemand: Online & LexisNexis Print Monitoring North America • Email campaign tracking • Broadcast Monitoring (Unlimited Streaming) • Social Media Monitoring (up to 120,000 hits) • Influencer Searching • Standard Analytics • Advanced PRWeb Releases (3 Pack) List Price $8,775 Additional User $1,050 Digital Copyright Fees $600 Payment Scheduling Fee +10% PACKAGE TOTAL $11,467.50 OPTIONAL ADD -ONS Global Data International Media Data $2,400 2 Year Archive $2,500 MASTER SUBSCRIPTION AGREEMENT The attached Cision subscription agreement terms and conditions shall be included as part of a final contract. Cision reserves the right to terminate or revoke its bid if these terms and conditions are not agreed upon in a final contract. Cision's response to the RFP shall not be incorporated as contractual obligations. Customer Name: Customer Address: This Master Subscription Agreement ( "MSA") is between Cision US Inc., a Delaware corporation with its principal place of business at 130 E. Randolph Street, 7th Floor, Chicago, IL 60601 ( "Company ") and the customer named above (each a "Party" and collectively referred to as the "Parties "). This MSA governs the use of certain services provided by Company to Customer as detailed in any Order Form or Statement of Work ( "SOW ") referencing this MSA. This MSA, any appendices, and any applicable Order Forms or SOWs are collectively referred to as the "Agreement." This MSA is effective upon the date of Customer's signature indicated below ( "MSA Effective Date "). The Parties agree as follows: 1. DEFINITIONS "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control" means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. "Agreement" means this Master Subscription Agreement and any exhibits, schedules and addenda hereto. "Company Covered Parties" means Company and its directors, agents, officers, employees, representatives, successors, assigns or Affiliates. "Company Data" means proprietary information gathered or created by Company and provided to Customer as part of the Services, excluding Third -Party Content. "Company Technology" means the tools, databases, APIs, and software that make up Company's on- demand relationship management platform, including any software or technology created by Company's Affiliates. "Content" means Company Data and Third -Party Content. "Customer" means the customer named above. "Customer Data" means electronic data and information submitted by or for Customer to the Services or collected and processed by or for Customer using the Services, excluding Content. "Documentation" means Company's online user guides, documentation, and help and training materials, as updated from time to time, accessible via the Services. "Malicious Code" means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses. "Order Form" means an ordering document specifying the Services to be provided hereunder that is entered into between Customer and Company or any of its Affiliates (by entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto), including any addenda and supplements thereto. "Order Forms" shall include SOWS. "Service(s)" means the on- demand relationship management software (including the Company Technology) and services that are subscribed to by Customer under an Order Form and or SOW and made available online by Company or any of its Affiliates. "Services" exclude Content. "Third -Party Content" means information obtained by Company from its content licensors or publicly available sources and provided to Customer pursuant to an Order Form, as more fully described in the Documentation. "User" means an individual who is authorized by Customer to use Services, for whom Customer has subscribed to the Services, and to whom Customer or Company has supplied a user identification and password. Users may include, for example, Customer's employees, consultants, contractors and agents. 2. SERVICES, SOFTWARE AND CONTENT 2.1 Subscription. (A) Subject to the terms and conditions of the Agreement, Customer hereby subscribes to the Services made available by Company and/or its Affiliates. Company grants Customer a non - exclusive, revocable, non- transferable (other than as set forth in this Agreement), non - sublicensable right to allow Users to access and use the Services and Content for Customer's own internal business purposes in accordance with the terms and conditions in this Agreement. Customer is not authorized to access or use any Services, other than as expressly set forth in writing under this Agreement. Customer is prohibited from allowing any person other than a User ( "Non- Authorized User ") to access and use the Services in whole or in part unless Customer has been granted the ability to provide unauthenticated, linked access to the Content to an individual ( "Linking User "). Customer is responsible for all Users, Non - Authorized Users, and Linking Users (collectively referred to herein as "Users ") who access and use the Services and Company Technology. (B) Customer shall not (1) license, sublicense, sell, resell, rent, transfer, assign, or otherwise commercially exploit or make the Services or any Content available to, or use the Services or any Content for the benefit of, any third party (including in a service bureau or outsourcing offering); or (2) access the Services or Content in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services. Company reserves the right to alter, delete, or replace Content or alter the functionality of Software. If Customer is an advertising or public relations agency, Customer may use the Services on behalf of a client, only in accordance with this Agreement. (C) Customer is responsible for meeting the then - current hardware, operating system, browser and other technical requirements necessary to properly use and access the Services. 2.2 Use of Services and Content (A) Services and Content are subject to usage limits, including, for example, the quantities specified in Order Forms. Unless otherwise specified, (1) a user quantity in an Order Form refers to Users, and the Services or Content may not be accessed by more than that number of Users concurrently; (2) a User's password may not be shared with any other individual; and (3) a User identification may be reassigned to a new individual replacing one who no longer requires ongoing use of the Services or Content. (B) Customer will (1) be responsible for Users' compliance with this Agreement; (2) be responsible for the accuracy, quality and legality of Customer Data and the means by which Customer acquired Customer Data; (3) use commercially reasonable efforts to prevent unauthorized access to Company Technology or use of Services and Content, and notify Company promptly of any unauthorized access or use; and (4) use Services and Content only in accordance with the Documentation and applicable laws and government regulations. (C) Customer is responsible for all actions taken via Customer's account, including protecting the confidentiality of Customer's passwords and user IDs, and maintaining timely contact information for such account. (D) Subject to the terms of this Agreement, analytic reports delivered to Customer in connection with the Services or available to Customer within the Services (collectively "Reports "), as well as all data contained in such Reports, other than any Third -Party Content, may be used, copied, and disseminated by Customer. 2.3 Restrictions. Customer shall not: (1) use the Services to upload, store or transmit infringing, libelous, abusive, inflammatory, fraudulent, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, or otherwise unlawful or tortious material, or to upload, store or transmit material in violation of third -party privacy or publicity rights; (2) use the Services to store or transmit Malicious Code; (3) interfere with or disrupt the integrity or performance of any Company Technology or Content contained therein; (4) attempt to gain unauthorized access to any Company Technology, Services or Content or its related systems or networks; (5) permit direct or indirect access to or use of any Services in a way that circumvents a contractual usage limit; (6) copy Content except as permitted herein or in an Order Form or the Documentation; (7) frame or mirror any part of any Services or Content, other than framing on Customer's own intranets or otherwise for its own internal business purposes or as permitted in the Documentation; (8) use commenting or messaging functionality, functionality that allows posting or transmitting content to outward facing, social or public platforms available via the Services to post content that violates any terms or conditions, policies, or guidelines of any social media platform or other platform or service to which it is posted; or (9) use the Services to transmit bulk unsolicited commercial communications. 2.4 Removal of Content. If Company is required by a third party to remove Content, or receives information that Content provided to Customer may violate applicable law or third -party rights, Company may notify Customer and in such event Customer will promptly remove such Content from its systems. If Customer does not take required action in accordance with the above, Company may remove the applicable Content. 2.5 Additional Terms. Additional terms applicable to specific Services are set forth in Exhibit A. 3. RIGHTS AND LICENSES 3.1 Reservation of Rights. No license or other rights in the Company Technology or any Content, exclusive of Customer Data, are granted to Customer hereunder, and all rights not expressly granted to Customer herein are expressly reserved to Company or its licensors, as applicable. Customer agrees not to modify, create derivative works of, translate, reverse engineer decompile, disassemble the Company Technology or the Services or otherwise recreate or gain access to the source code. 3.2 Customer Data. Customer represents that it has valid title or license to all Customer Data, and it has all rights necessary to grant Company the rights set forth in this Agreement. Customer hereby represents and warrants that Customer Data will not contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or that violates any copyright, right of privacy or publicity or other right of any person or party. Customer grants Company and its Affiliates a worldwide, non - exclusive, royalty-free license to use, host, copy, distribute, perform, transmit, display and prepare derivative works of the Customer Data solely for the purpose of providing the Services. Subject to the limited licenses granted herein, Company acquires no right, title or interest from Customer or its licensors under this Agreement in or to any Customer Data. Company reserves the right to remove Customer Data containing any information that Company determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party's intellectual property or this Agreement. 3.3 Company Affiliates and Third Parties. Company may share Customer Data with its Affiliates or third parties that work on Company's behalf or provide services to Company in relation to Company's provision of the Services to Customer, including but not limited to necessary hardware, software, networking, storage, and technologies required to run the Services. Customer hereby consents to such use of Customer Data by Affiliates and third parties. Customer acknowledges and agrees that Customer Data may be transferred to, stored in, oraccessed from outside the United States solely in order to provide the Services or for Company to fulfill its obligations under this Agreement. Company shall, in providing the Services, comply with its privacy policy available at www.cision.com, or such other Web site address made publically available. 3.4 Customer Feedback Customer grants to Company and its Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by Customer or Users relating to the Services. 3.5 Third Party Products and Services. From time to time, certain third parties may offer products and services related to the Services. Any subsequent business relationship, exchange of data or other interaction between Customer and such third party, and/or any purchase, download or use by Customer of any product or service offered by such third party, is solely between Customer and such third party, and may require Customer to agree to a third party's terms and conditions. Regardless of any recommendation by Company or use of such third party products or services, Company does not make any representations, warranties or guarantees with respect to any such third parties or any of their products or services. Further, Company cannot guarantee that use of such third party products or services will always be provided during the Term. While Company may rely on data or information provided or generated by such third party products and services in the course of providing the Services, Customer hereby acknowledges that Company specifically does not warrant the accuracy, reliability or completeness of any such data and information; and agrees that Company shall not be liable for any acts or omissions based on its reliance thereon. Accordingly, Customer hereby releases and holds harmless Company from and against any and all claims, losses, liability, damages, expenses, costs (including, but not limited to, reasonable attorneys' fees) and/or actions arising therefrom. 4. HOSTING /AVAILABILITY, STORAGE AND SUPPORT 4.1 Hosting/Availability. Company shall host and maintain the Service on its servers. The Service will maintain an average availability of no less than 99.5 %, as measured on a monthly basis, excluding downtime caused by (1) scheduled maintenance performed between the hours of 12:00 AM and 6:00 AM Eastern time; (2) emergency maintenance; and (3) Force Majeure (as defined herein). Access to the Services may be available during scheduled maintenance periods, but performance may be slower than normal. 4.2 Storage. Company shall provide hosted data storage capacity to Customer dependent upon the Services. Customer may purchase additional storage space at any time at Company's then - current price. Company shall keep offsite back -ups of Customer's data. Restoration of Customer's data due to the fault of Customer will be at Customer's expense and if due to the fault of Company, at Company's expense. 4.3 Customer Data Deletion. During the Term, Customer may export or download Customer Data as provided in the Documentation. After termination or expiration of this Agreement, Company will have no obligation to maintain or provide any Customer Data or other Content to Customer, and will thereafter delete or destroy all copies of Customer Data in its systems or otherwise in its possession or control as provided in the Documentation or as Company routinely does such deletions and destructions in the ordinary course of its business, unless legally prohibited from doing so. 4.4 Support. During the term of this Agreement, Company shall provide technical support to Users to assist Customer with troubleshooting, error correction and use of the Service via a telephone help line or email during the hours of 8:00 AM through 8:00 PM Eastern time, Monday through Friday (unless otherwise set forth on an Order Form) except for Company's regular business holidays. Customer will have unlimited access to Company's online product support center. 5. FEES AND PAYMENT 5.1 Fees. Customer will pay all fees set forth in an Order Form or as set forth in this Agreement. Except as otherwise specified in this Agreement or in an Order Form (1) fees are based on Services and Content subscribed to and not actual usage; and (2) except as set forth in Section 10.6, payment obligations are non - cancelable and fees paid are non - refundable. All payments will be made in U.S. dollars unless otherwise agreed to by the Parties. Subscriber shall pay the fees set forth on an Order Form in accordance with the payment terms set forth on an Order Form or upon signing of the Order Form if no such terms are contained on an Order Form. 5.2 Invoicing and Payment. Fees will be invoiced in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, fees are due net thirty (30) days from the invoice date. Customer is responsible for providing complete and accurate billing and contact information to Company and notifying Company of any changes to such information. 5.3 Credit Card Payments. By providing a credit card to Company, Customer is granting permission to Company to charge all subscription fees, including monthly, annual or other renewals to the credit card. Customer may withdraw its consent to installment charges or recurring charges (if any) at any time by providing Company with at least thirty (30) days advance written notice, and making alternative arrangements for payment to be made no later than the same respective charge dates. Customer represents that it is the card holder of any credit card that it provides to Company for payment(s), and Customer is authorized to provide this authorization. 5.4 Late Charges. Any payment not received from Customer by the due date may accrue late charges at the rate of 1.5% of the outstanding balance per month, or at the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. 5.5 Payment Disputes. If Customer, in good faith, reasonably disputes any invoiced amounts, it may withhold such disputed amounts, provided that Customer (1) timely pays the undisputed portion of the invoice; and (2) provides Company with prompt written notice of the dispute and commences discussion with Company to promptly resolve the dispute. Company will not exercise its rights under Section 10.5 if Customer is disputing the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute. 5.6 Taxes and Travel Expenses. Prices set forth on the Order Form do not include taxes or travel expenses. Unless collected and remitted by Company (as indicated on the invoice presented to Customer by Company), Customer is responsible for payment of all taxes due to a governmental authority, if any, except for taxes imposed on Company's net income. Customer shall provide to Company any certificate of exemption or similar document required to exempt any transaction under this Agreement from sales tax or other tax liability. Invoices will reflect any travel expense amounts charged to Customer. 5.7 Future Functionality. Customer agrees that its purchases are not contingent on the delivery of any future functionality, or dependent on any oral or written public comments made by Company regarding future functionality. 6. CONFIDENTIALITY AND SECURITY 6.1 Confidential Information. (A) "Confidential Information" means all information disclosed by a party ( "Disclosing Party ") to the other party ( "Receiving Party "), whether orally or in writing, that is designated as confidential or proprietary, or that reasonably should be understood to be confidential or proprietary given the nature of the information and the circumstances of disclosures, including but not limited to business and marketing plans, technology and technical information, product plans and designs, and business processes. Confidential Information of Customer includes Customer Data. Confidential Information of Company includes the Company Data, Company Technology, Documentation and the terms and conditions of this Agreement (including pricing). Confidential Information will remain the property of the Disclosing Party. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care). The Receiving Party agrees: (1) to hold the Confidential Information in strict confidence; (2) to limit disclosure of the Confidential Information to the Receiving Party's own employees, agents affiliates, or authorized consultants or vendors who have a need to know the Confidential Information for the purposes of this Agreement; (3) not to disclose any Confidential Information to any third party; (4) to use the Confidential Information solely in accordance with the terms of this Agreement in order to carry out its obligations or exercise its rights under this Agreement; and (5) to notify the Disclosing Party promptly of any unauthorized use or disclosure of the Confidential Information and to cooperate with the Disclosing Party in every reasonable way to cease such unauthorized use or disclosure. (B) The obligations in Section 6.10 will not apply to information that the Receiving Party can demonstrate: (1) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by the Receiving Party; and (2) is independently developed by the Receiving Party without regard to the Confidential Information of the other Party. (C) The Parties agree that any breach of this Section 6.1 may cause the Disclosing Party substantial and irreparable damages; therefore, if the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of this Section 6.1, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive and equitable relief. 6.2 Security. Access to the Service is password - controlled. Customer is responsible for maintaining the security of user passwords and will instruct its Users as to the importance of maintaining the confidentiality of passwords and/or user identifications. Customer acknowledges that the security of its systems may be compromised if Users do not follow applicable security policies and procedures and take other appropriate steps to maintain the security of the Service, including, without limitation, maintaining the confidentiality of user identifications and passwords, frequent changing of passwords and maintaining appropriate internal controls to monitor access to and use of the Service. If Customer becomes aware of the unauthorized use of a password or other security breach, Customer will promptly notify Company in writing. 6.3 Compliance with Law /Order. Company reserves the right to use or disclose information, including Customer Data or Customer's Confidential Information if required by law or if Company reasonably believes that use or disclosure is necessary to protect Company's rights and/or to comply with a judicial proceeding, court order, or legal process. 7. REPRESENTATIONS AND WARRANTIES 7.1 Authorization. Each Party represents and warrants that the undersigned individual has full authority to (1) execute this Agreement on behalf of his/her respective Party; and (2) bind his/her respective Party to this Agreement. 7.2 Warranties. Company warrants that the Service will: (1) perform substantially in accordance with the applicable Documentation; and (2) be available to Customer in accordance with the service level standards set forth in Section 4.1. 7.3 Customer's Systems. Customer is solely responsible for its own computer networks, systems, hardware, and software, including the storage, security, and preservation of its own data. Storage and use of any downloaded Content is solely at Customer's own risk. 7.4 Disclaimers. (A) THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE (INCLUDING NON - INFRINGEMENT), AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY MAKES NO WARRANTY THAT THE SOFTWARE OR ITS USE WILL BE UNINTERRUPTED OR ERROR -FREE. (B) COMPANY DOES NOT MAINTAIN OR CONTROL THIRD -PARTY CONTENT OR THE CONTENT OF OTHER WEBSITES THAT MAY BE MADE AVAILABLE AS PART OF THE SERVICE AND IS NOT RESPONSIBLE FOR THE AVAILABILITY, COMPLETENESS, TIMELINESS, FACTUAL ACCURACY, OR NON - INFRINGEMENT OF SUCH CONTENT. CONTENT IS PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY WHATSOEVER. CUSTOMER ACKNOWLEDGES THAT COMPANY AND /OR THIRD -PARTY SOURCES MAY CHOOSE AT ANY TIME TO PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THIS AGREEMENT. 8. INDEMNIFICATION 8.1 Indemnification by Company. Company will defend Customer against any claim, demand, suit or proceeding made or brought against Customer by a third party alleging that the Company Technology infringes or misappropriates such third party's intellectual property rights under the laws of the United States (a "Claim Against Customer "), and will indemnify Customer from any damages, attorney fees and costs finally awarded against Customer as a result of, or for amounts paid by Customer under a court- approved settlement of a Claim Against Customer. Company's indemnification obligation does not cover third party claims arising from: (1) modifications to the Company Technology or the Service by anyone other than Company or its authorized agents and contractors; (2) use of the Company Technology by Customer in combination with other software or equipment not provided by Company where the Company Technology, but for such combination, would not be infringing; or (3) Customer's failure to use the Company Technology or the Service in accordance with the terms and conditions in this Agreement. If a claim regarding the Company Technology and alleging infringement is brought or is likely, in Company's sole opinion, to be brought, Company may, at its option and expense (A) obtain the right for Customer to continue using the Company Technology and Service; (B) replace or modify the Company Technology so that it becomes non - infringing; or (C) upon notice to Customer, terminate this Agreement or Customer's use of the Company Technology and Service or any portion thereof, provided that Company promptly refunds to Customer the prorated portion of any pre -paid annual subscription fees paid hereunder for the Service or any portion of the Service. The above defense and indemnification obligations do not apply to the extent a Claim Against Customer arises from Customer Data, Content, or Customer's breach of this Agreement. 8.2 Indemnification by Customer. Customer will defend any Company Covered Party against any claim, demand, suit or proceeding made or brought against such Company Covered Party by a third party alleging that the Customer Data, or Customer's use of any Service or Content in breach of this Agreement, infringes or misappropriates such third party's intellectual property, proprietary or personal rights or violates applicable law, including violation of privacy or spamming laws or regulations (a "Claim Against Company "), and will indemnify the Company Covered Party from any damages, attorney fees and costs finally awarded against the Company Covered Party as a result of, or for any amounts paid by the Company Covered Party under a court- approved settlement of a Claim Against Company. 8.3 Indemnification Requirements. Indemnification by a Party is conditioned upon the following: (1) the indemnitee promptly notifying the other Party of any claim; (2) the indemnitor having sole control of the defense and all related settlement negotiations; and (3) the indemnitee cooperating, at the indemnitor's expense, in the defense and furnishing the indemnitor with all related evidence in its control. 8.4 Exclusive Remedy. This Section 8 states the indemnifying Party's sole liability to, and the indemnified Party's exclusive remedy against, the other Party for any type of claim described in this section. 9. LIMITATION OF LIABILITY 9.1 Responsibility for Results. Customer acknowledges that it alone is responsible for the results obtained from its use of the Service, including without limitation the usefulness, completeness, accuracy and content of such results. If any such results are inaccurate or incomplete solely due to any defect in the Service, Customer's exclusive remedy and Company's sole obligation shall be to correct or modify the Service at no additional charge to Customer. 9.2 Links to Third Party Sites. The Service may contain hyperlinks to Web sites controlled by parties other than Company. Company is not responsible for and does not endorse or accept any responsibility for the content or use of such Web sites. 9.3 Limitation of Liability. Except for a material breach of the confidentiality provisions set forth in Section 6 or claims related to personal injury or property damage caused solely by Company's gross negligence or willful misconduct, Company's entire liability and Customer's exclusive remedy for damages for any claims arising under or in connection with this Agreement, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to Customer's actual, awarded direct damages, not to exceed the amounts actually paid by Customer under this Agreement during the twelve (12) months immediately preceding the month in which the cause of action arose. 9.4 Exclusion of Consequential and Related Damages. IN NO EVENT WILL EITHER PARTY, COMPANY'S THIRD -PARTY CONTENT SUPPLIERS, OR ANY OF THEIR DIRECTORS, AGENTS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS OR AFFILIATES HAVE ANY LIABILITY TO THE OTHER PARTY FOR (1) ANY CLAIMS OR DEMANDS OF THIRD PARTIES (OTHER THAN THOSE THIRD PARTY CLAIMS COVERED BY SECTION 8); OR (2) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR ANTICIPATED PROFITS, LOSS OF REVENUE, ECONOMIC LOSS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT, OR INTERRUPTION OF BUSINESS, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 10. TERM AND TERMINATION 10.1 Term of MSA. The term of this MSA commences on the MSA Effective Date and continues until the expiration or termination of all Service Terms ( "Term "). Except as expressly set forth in this Agreement, this Agreement may not be terminated prior to the end of the Term. 10.2 Term of Subscriptions. A "Service Term" is defined as the period of time for each Service provided to Customer under this Agreement. Service Terms will be set forth in each applicable Order Form. Any professional services or custom services purchased by Customer shall be used by Customer within the longest Service Term of any service listed on the Order Form, or if no other service is listed on the Order Form, then within Customer's then - current Service Term. 10.3 Auto - Renewal. Except as otherwise specified in an Order Form, subscriptions will automatically renew for additional periods equal to the expiring Service Term or one (1) year (whichever is shorter), unless either Party gives the other written notice of non - renewal at least thirty (30) days before the end of the then - current Service Term. The fees for each renewal period shall automatically increase by 5% unless (1) the pricing in the prior Service Term was promotional or one -time; (2) Customer subscribes to different and/or additional services; or (3) unless otherwise agreed to by the Parties in an Order Form. Discounts may not carry over from year to year. 10.4 Termination for Breach. If either Party believes that the other Party has failed in any material respect to perform its obligations under this Agreement, then that Party may provide written notice to the breaching Party describing the alleged failure in reasonable detail. If a breach has occurred and if the breaching Party does not cure or begin to cure the material failure within thirty (30) days after receiving such written notice, then the non - breaching Party may terminate this Agreement immediately by written notice to the breaching Party. Termination of this Agreement will be in addition to, and not in lieu of, other remedies available to the terminating Party. Notwithstanding the foregoing, Company may terminate this Agreement immediately if Customer or any Users breach Section 1.1(b), Section 2.2, or Section 6 of this Agreement. 10.5 Suspension of Service by Company. In addition to those conditions, rights, and remedies set forth in this Agreement, Company may suspend access to the Services under any Order Form if, in Company's reasonable determination: (1) Customer fails to pay an undisputed invoice within ten (10) days after Company gives Customer notice of such failure; (2) Customer's use of the Service or Content violates applicable local, state, federal, or foreign laws or regulations; (3) Customer fails to use the Service in accordance with this Agreement; (4) Customer's use of the Service results in excessive bounce - backs, SPAM notices or requests for removal from mailing lists by recipients; or (5) there are repeated complaints of Customer posting or uploading material that infringes or is alleged to violate the intellectual property rights of any person or entity. Company will provide notice (which may be by email) of such suspension; and when commercially possible, will work in good faith with Customer to help Customer resolve the issue causing the suspension. 10.6 Refund or Payment on Termination. If this Agreement is terminated by Customer in accordance with Section 10.4 above, Company will refund Customer any prepaid fees covering the remainder of the term of all Order Forms after the effective date of termination. If this Agreement is terminated by Company in accordance with Section 10.4 above, Customer will pay any unpaid fees covering the remainder of the term of all Order Forms. In no event will termination relieve Customer of its obligation to pay any fees due or payable to Company for the period prior to the effective date of termination. 10.7 Effect of Termination. Upon any expiration or termination of this Agreement: (1) Customer's right to use the Services shall cease, and Company shall have no further obligation to make the Services available to Customer; (2) except as otherwise expressly stated herein, all rights, licenses and/or access granted to Customer under this Agreement will immediately cease; and (3) Customer shall return, delete or destroy any Content and shall certify in writing to Company that it has done so. 11. GOVERNING LAW AND DISPUTES 11.1 This Agreement, and any disputes arising out of or related hereto, will be governed exclusively by the laws of the State of Maryland exclusive of its choice of law provisions and WITHOUT THE APPLICATION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT. Any suit hereunder will be brought in the federal or state courts located in the State of Maryland, and the Parties submit to the personal jurisdiction thereof. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Customer and Company agree that in the event of litigation, the prevailing Party shall have the right to collect from the other Party its reasonable costs and attorneys' fees. 11.2 Except for actions for non - payment, breach of confidentiality or indemnities under Section 8, no action, regardless of form, arising out of or related to this Agreement may be brought by either Party more than two (2) years after the accrual of the cause of action. 11.3 Both Parties agree to comply fully with all relevant laws, including the export laws and regulations relating to use of the Service in its place of business, regardless of country or jurisdiction. However, Customer's use of the Content is at Customer's own risk. Without limiting the foregoing, Customer will be solely responsible for usage of contact information (e.g. names, phone and facsimile numbers, e-mail addresses and physical addresses) in compliance with relevant laws and regulations. Customer may not: (1) send spam or unsolicited messages in violation of relevant laws, including concerning privacy, data protection, telemarketing, the CAN -SPAM Act or other commercial email laws, wireless domain suppression lists, and "Do- Not -Call" lists; (2) send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate third party privacy rights; or (3) send or store material containing Malicious Code, including, without limitation, software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. 12. GENERAL PROVISIONS 12.1 Export Compliance. The Services and Content and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Company and Customer each represents that it is not named on any U.S. government denied -party list. Customer will not permit any User to access or use any Service or Content in a U.S. - embargoed country or in violation of any export law or regulation. 12.2 Anti - Corruption. Customer has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from a Company employee or agent in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If Customer learns of any violation of the above restriction, it will use reasonable efforts to promptly notify Company's Legal Department at le ag ldept6kision.com. 12.3 Force Majeure. Except for Customer's obligation to pay for Services already performed, neither Party will be responsible for failure to perform contractual duties caused events beyond such Party's reasonable control, including but not limited to: (1) failures of utility services or transportation networks; (2) acts of public enemies; (3) terrorism; (4) war; (5) insurrection or riot; (6) natural disasters; (7) a serious accident, strike, labor trouble, or work interruption; (8) compliance with applicable law; or (9) any other events beyond a Party's reasonable control. 12.4 Relationship of the Parties. The Parties are independent contractors, and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between the Parties. 12.5 Government Customers. If Customer is the U.S. Government or any agency or instrumentality thereof, then any software provided pursuant to this Agreement is delivered with RESTRICTED RIGHTS only. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227 -19 Commercial Computer Software — Restricted Rights or DFAR 252.227 -7013 Rights in Technical Data and Computer Software. 12.6 Third -Party Beneficiaries. Company's Content licensors shall have the benefit of Company's rights and protections hereunder with respect to the applicable Content. There are no other third -party beneficiaries under this Agreement. 12.7 Notices. Any notice or other communication required or permitted to be made or given by either Party pursuant to this Agreement will be in writing, in English, and will be deemed to have been duly given: (1) five (5) business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (2) when delivered if delivered personally; or (3) one business day after being sent by express courier service. All notices will be sent to Customer at its address as set forth on the first page of this Agreement. Notices to Company shall be sent to Cision, 12051 Indian Creek Court, Beltsville, MD 20705, Attn: Legal Department. In addition, Company may provide notices to Customer electronically either via the Service or via any email address provided by Customer in connection with Customer's account. 12.8 Waiver. No failure or delay by either Party in exercising any right, power or remedy will operate as a waiver of such right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving Party. If either Party waives any right, power or remedy, such waiver will not waive any successive or other right, power or remedy the Party may have under this Agreement. 12.9 Severability. The provisions of this Agreement shall be deemed severable, and the unenforceability of any one or more provisions shall not affect the enforceability of any other provisions. In addition, if any provision of this Agreement, for any reason, is declared to be unenforceable, the Parties shall substitute an enforceable provision that, to the maximum extent possible in accordance with applicable law, preserves the original intentions and economic positions of the Parties. 12.10 Survivability. All provisions of this Agreement relating to disclaimers of warranties, remedies, damages, confidentiality, payment obligations, restrictions on use, and any other terms that either expressly or by their nature should survive, shall survive any termination of this Agreement, and shall continue in full force and effect. 12.11 Assignment. Customer may not assign this Agreement without Company's written consent, which consent shall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the Parties, their successors and permitted assigns. 12.12 Headings. Section headings are for reference only and shall not be considered substantive parts of this Agreement. 12.13 Counterparts. This Agreement may be executed by facsimile or electronic signature and in counterparts. 12.14 OFAC. Customer represents and warrants that neither it nor any of its employees is a person or entity with whom U.S. entities are restricted from doing business under regulations of the Office of Foreign Asset Control ( "OFAC ") of the Department of the Treasury (including those named on OFAC's Specially Designated and Blocked Persons List) or under any statute, executive order or other governmental action. 12.15 Entire Agreement. This Agreement represents the entire agreement between Customer and Company with respect to the subject matter, superseding all previous oral or written communications, representations, or agreements or proposals, including but not limited to any purchase order forms submitted by Customer, and Customer acknowledges that it has not relied on any representation that is not expressly set forth in this Agreement. The Parties agree that any term or condition stated in a Customer purchase order or in any other Customer order documentation (excluding Order Forms) is void. In the event of any conflict or inconsistency within the Agreement, the order of precedence shall be: (1) the applicable Order Form or SOW, (2) this MSA, and (3) the Documentation. This Agreement may be modified only by a writing signed by both Parties. {Signature page follows) Signed by each Party's authorized representative: Customer Signature Printed Name Title Date Company Signature Printed Name Title Date March 28, 2016 New Business 7 -b 73 of 94 EXHIBIT A SERVICES APPENDICES Each section is only applicable if the service named has been subscribed to as set forth on an Order Form or forms part of another Service. 1. MEDIA DATABASE SERVICES 1.1 Rates. This section sets forth the terms and conditions governing Customer's use of Company's proprietary database that contains media profiles and associated information ( "Database Data ") and is a subset of Company Data. Company charges a fixed fee for access to the Database Data as stated in the Order Form and a variable charge for distribution of emails via the Company Technology. The number of email distributions that Customer has purchased, if any, shall be stated on the Order Form. 1.2 License. Customer may allow its Users to access and use the Database Data to create and download lists of media outlet information, use Distribution Points to distribute press releases or similar information via the Company Technology, and attach its own personal notes to Database Data. Customer will not: (1) remove any proprietary notices, graphics, or text contained in or on the Database Data or on any downloaded lists; (2) make the Database Data or any downloaded lists available to non - Users, unless otherwise permitted under this Agreement; (3) incorporate or use the Database Data in any resale process, including a press release distribution service, unless otherwise permitted under this Agreement; or (4) use Database Data in a manner that would violate any applicable law, including but not limited to the CAN -SPAM Act or other anti - spamming laws or regulations and the Canadian Personal Information Protection and Electronic Documents Act all as amended by the Canada Anti -Spam Legislation. Any individual whom Customer contacts via the Company Technology using contact information acquired other than through the Services has either (A) given prior consent; or (B) can be contacted by Customer in accordance with applicable law. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, DOWNLOADING, REPRODUCTION, REDISTRIBUTION, OR REPUBLICATION OF THE DATABASE DATA IS AT CUSTOMER'S OWN RISK. COMPANY AND ITS THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR CUSTOMER'S SUBSEQUENT USE OR DISTRIBUTION OF THE DATABASE DATA. 1.3 Twitter Data. Certain Database Data may be provided by Twitter ( "Twitter Data "), and by using such Twitter Data, Customer agrees to the Twitter Terms of Service located at www.twitter.com ( "Twitter TOS "). If Customer uses the Services to create content for or post content to the Twitter service, then Customer agrees to be bound by the Twitter privacy policy located at www.twitter.com ( "Twitter Privacy Policy "), and the Twitter Rules located at www.twitter.com ( "Twitter Rules "). Company may immediately terminate Customer's access to and continued retention of Twitter Data if Company or Twitter reasonably believes that Customer is not in compliance with the Twitter TOS, Twitter Rules or Twitter Privacy Policy. 2. PRESS RELEASE DISTRIBUTION AND WEB SERVICE ENGINE OPTIMIZATION ( "WEB SEO ") SERVICES 2.1 Press Release Distribution Services. (A) This section sets forth the terms and conditions governing Customer's use of press release distribution services including the distribution of news releases and related information via the Company Technology through Company's partnerships with PRWeb (the "PRWeb Service "), Marketwired (the "Marketwired Service ") or any other third party distribution service (collectively, the "Press Release Distribution Services "). March 28, 2016 New Business 7 -b 74 of 94 (B) Customer and not Company is responsible for the content and accuracy of all news copy and other information submitted by Customer to Company for distribution via the Press Release Distribution Services (the "Release Materials "), even if such copy has been reviewed, edited, or written by Company or its Affiliates for Customer. Company is not responsible for verifying facts contained in any Release Materials. Furthermore, Customer, as the issuer of news releases (including those Release Materials containing images and video) is solely responsible for the facts and accuracy of, and for obtaining all rights to, information and content submitted by it for distribution by Company. (C) All Release Materials submitted by Customer to Company must contain a Customer contact name, phone number and e-mail address that can be verified by Company. (D) Company, its Affiliates and partners do not warrant specific placement of any news release nor pick up by third parties of any news release, but will deliver a news release via online distribution methods to make such content available to be repurposed by third parties who discover the content at various Internet locations, both intended and unintended. (E) Customer shall not query, spider or access any Press Release Distribution Services without the express written consent of Company. (F) Customer acknowledges that the views expressed by issues of press releases are their own opinions, not the views of Company or the Press Release Distribution Services, and that different issuers of press releases may espouse conflicting opinions. (G) PRWeb Service. (i) Company reserves the right in its reasonable discretion to (a) reject or edit Release Materials (such editing to be done collaboratively with Customer); and (b) remove any news release from its Web site, cease distribution of any news release or reject any news release. Customer acknowledges that re- distribution of news releases is beyond Company's control, and accordingly, Company is not obligated to remove Release Materials from sites outside of Company's PRWeb network. (ii) All Release Materials must follow the PRWeb Service editorial guidelines which can be found on the PRWeb Service Web site and are subject to change at any time at Company's sole discretion. (iii) If there are errors in the dissemination of Release Materials by Company, Company shall use reasonable efforts to correct such errors promptly upon Customer's notice, without additional charge, and such obligation to correct shall constitute the sole liability of Company in this regard. (H) Marketwired Service. Use of the Marketwired Service is subject to Marketwired's Terms of Service available online at www.marketwire.com /Marketwire Terms of Service US, or such other method as may be advised from time to time by Marketwired, and incorporated into this Agreement. Such terms of service shall be deemed modified to the extent necessary to permit access to Marketwired's services through the functionality of the Company Technology. Marketwired's Terms of Service constitute a separate, binding agreement between Marketwired and Customer, and Marketwired has the right to assert and enforce its terms of service directly on its own behalf. (I) Neither Company nor its third party suppliers or partners (including Marketwired and PRWeb) will be liable to Customer for any error or omission resulting in the failure of the Press Release Distribution Services to publish the release through any particular outlet. Customer is solely responsible for the content of its press releases, including any errors, omissions, statements of facts or opinions, or third party quotations or references and Marketwired or PRWeb may reject such content when necessary. March 28, 2016 New Business 7 -b 75 of 94 2.2 Web SEO Services. Customer may purchase search engine optimization and tagging services, as well as search engine reports on their press releases ( "Web SEO Services "). As further set forth in Section 7 of the MSA, neither Company nor its third party suppliers or partners will be liable to Customer for any error or omission resulting in the failure of the Web SEO Services to create any specific changes in search engine placement. 3. MEDIA MONITORING SERVICES 3.1 Queries. This section sets forth the terms and conditions governing Company's provision and Customer's use of Company's media monitoring service (the "Monitoring Service "). Company will monitor sources for mentions of words or phrases specified by Customer (each word or phrase a "Customer Query "). Company reserves the right, in its sole and absolute discretion, to refuse to undertake any query that Company reasonably deems improper or unlawful. 3.2 Services and Rates. Based on Customer Queries, the Monitoring Service may contain information from the following available sources: (1) print, (2) internet, (3) social media, and (4) broadcast monitoring (collectively, the "Materials "). Information provided through broadcast monitoring shall also be referred to as "Broadcast Content." Materials provided through the Monitoring Service constitute Content and are provided "AS IS." (A) US Print Media Monitoring Services. Company takes no responsibility and assumes no liability for the obligations of third party- provided Content received via the Company Technology. Customer acknowledges and agrees that Company is only acting as a passive conduit for online distribution and publication of Materials from a third party. Customer may be required to agree to a third party's terms of use in connection with its use of Materials. (B) International Print Monitoring Services. For international print media monitoring services, Company may charge a fixed fee as set forth on the applicable Order Form as well as a variable charge for delivery of certain articles. Items delivered to Customer cannot be used as evidence in legal proceedings, in political activities or for any public display including, but not limited to, marketing, advertising, endorsement, publicity, and educational exhibition. Certain items delivered to Customer via the Service may only remain on Company's servers for a limited period of time pursuant to Company's agreements with its third -party providers. After expiration of that time, certain copyrighted items may not be available for retrieval from the Service. (C) Internet News Monitoring Services. News monitoring charges consist of a fixed fee based on the number of media categories Company tracks and /or Customer's estimated article volume. Tiered fees, if set forth on an Order Form, are based on an estimate of Customer's usage. Company reserves the right to conduct periodic actual usage audits to determine Customer's actual article volume. If Customer's audited volume exceeds the tier applicable to its estimated usage, Company will invoice Customer for the overage amounts. (D) News Monitoring with LexisNexis. Company provides certain Materials to Customer through a partnership with LexisNexis, a division of Reed Elsevier Inc. ( "LN ") via the Company Technology, and Content provided through this partnership is provided "AS IS." LN- provided Content is subject to the LexisNexis Terms and Conditions ( "LN Terms "), available online at www.lexisnexis /terms/ eg neral and incorporated into this Agreement by reference. The LN Terms shall be deemed modified to the extent necessary to permit access to the LN- provided Content through the functionality of the Company Technology. Customer is prohibited from accessing and using LN- provided Content unless Customer has consented to the LN Terms. The LN Terms constitute a separate binding agreement between LN and Customer, and LN has the right to assert and enforce the LN Terms directly on its own behalf. Company takes no responsibility and assumes no liability for the obligations of LN as well as any LN- provided Content accessed via the Company Technology. Customer agrees that Company is only acting as a passive conduit for online distribution and publication of LN- provided Content that has been ordered by Customer from LexisNexis. LN's consent to the terms of this Agreement shall be evidenced by providing Customer March 28, 2016 New Business 7 -b 76 of 94 with the means to access the LN- provided Content. LN Content may be provided as part of or separately from the Monitoring Service. (E) Quickshare via LexisNexis Publisher. Company provides certain content sharing capabilities of LN- provided Content ( "Quickshare ") to Customer through a partnership with LN via the Company Technology, but only if Customer subscribes to such Quickshare service. Customer is permitted to publish or distribute LN- provided Content internally to the specified number of recipients listed on the Order Form through daily newsletters, email transmission, and/or through Customer's intranet. For purposes of this paragraph, "internal" includes Customer and its Affiliates. (F) Social Media Monitoring Services. In conjunction with its partners, Company provides social media monitoring services directly by email and via the Company Technology. Social media monitoring charges consist of a fixed fee based on the number of media categories that Company tracks and Customer's article volume. This fee is tiered based on the Parties' agreed estimate of Customer's usage. Company reserves the right to conduct periodic actual usage audits to determine Customer's actual volume. If Customer's audited volume exceeds the tier applicable to its usage, Company will invoice Customer for the overage amounts and/or Company will cease providing Content above such volume. Company may need administrative access to Customer's social media platform(s) in order to provide social media monitoring services. Certain Content may be provided by Twitter ( "Twitter Data "), and by using such Content Customer agrees to the Twitter Terms of Service located at www.twitter.com ( "Twitter TOS "). If Customer uses the Services to create content for or post content to the Twitter service, then Customer agrees to be bound by the Twitter privacy policy located at www.twitter.com ( "Twitter Privacy Policy "), and the Twitter Rules located at www.twitter.com ( "Twitter Rules "). Company may immediately terminate Customer's access to and continued retention of such Content if Company or Twitter reasonably believes that Customer is not in compliance with the Twitter TOS, Twitter Rules or Twitter Privacy Policy. (G) Broadcast Monitoring Services. (i) Company provides Broadcast Content through a partnership with a third party provider. Notwithstanding anything in this Agreement to the contrary, Customer and Users may: (1) use the Broadcast Content only for Company's internal use and the purposes of private, non - commercial criticism, comment, news reporting, teaching, scholarship, or research; (2) distribute the Broadcast Content only within Customer's organization in digital copy or link distribution through e-mail, as permitted by the third party's software; (3) not publicly distribute, broadcast, transfer, display, or otherwise publicly exhibit any part of the Broadcast Content by any means, including posting clips to a public Web site on the Internet; (4) not resell, redistribute, download, or store Broadcast Content, other than as permitted in this Section; (5) not create derivative works from, copy and paste links, resell, reverse engineer or otherwise redistribute to third parties the Broadcast Content or the third party's software; and (6) use Broadcast Content for up to twenty -eight (28) days after the original broadcast date, unless otherwise specified herein or permitted in the third party's software. Customer and Users must use best efforts to prevent unauthorized copying or distribution of the Broadcast Content. (ii) Company provides Customer with information on subjects that Customer selects from broadcast sources, and Broadcast Content is provided "AS IS." Company will stream clips or links for twenty - eight (28) days from the original broadcast air date, unless Customer purchases a "download" or a "stream." Digital preview clips within the Company Technology may be viewed up to one - hundred March 28, 2016 New Business 7 -b 77 of 94 (100) times per clip on the Full Player; content outside of the Company Technology may be viewed twenty -five (25) times per clip on the modified Skinny Player. Broadcast monitoring fees consist of a negotiated, fixed, nonrefundable fee based on Customer's estimate of its clip volume. Notwithstanding the foregoing, certain download or streaming functionality may not be available if such functionality is or becomes restricted by the third -party provider of such Broadcast Content or by law or by regulation. (iii) Volume Pricing for Clip Packages. Fees for Broadcast Content are charged as set forth on an Order Form, however, Customer may obtain volume pricing on clip packages by pre - paying for a number of clips, which is non - refundable. Packages expire at the end of the Service Term, and clips must be used during the Service Term. If Customer's usage exceeds the package volume, then Company will invoice Customer for the overage amounts. Customer agrees to pay taxes, special services, out of market, special rush, archival, or product license fees in addition to the contractual rate, if applicable. 3.3 Usage. (A) Subscriber can access the text (or portions of the text) and video clips containing the Customer Queries through the Company Technology. Using the Services' functionality, Customer may e-mail text and /or hyperlinks viewable within the Services to Customer's employees, agents, contractors or clients (in the case of agencies who use the Services on behalf of a client) ( "Allowed Recipients ") solely for use in relation to Customer's or client's (in case of agencies who use the Services on behalf of a client) internal business purpose. (B) Unless otherwise authorized in this Agreement, neither Customer nor Allowed Recipients may (a) resell any text or video clips supplied hereunder (including any portion thereof); or (b) distribute or transfer, by any means whatsoever, any text or video clips received via the Services (or copies thereof), to any person, organization or institution other than Allowed Recipients. Customer warrants that text or video clips provided to Customer through the use of the Services will not be resold, republished or otherwise systematically distributed to third parties in any form, including but not limited to via an intranet, extranet or internet site. Notwithstanding anything to the contrary in this Agreement, Customer may, via the Company Technology, post, in electronic format, text, reports or the like, received via the Services to an intranet site for access and use solely by Allowed Recipients. (C) Customer acknowledges and agrees that in providing the Monitoring Service and Content, Company is not responsible for the substance, text or subject of any such Content. (D) Customer acknowledges and agrees that the Content monitored by Company is subject to copyrights owned by third parties. Company does not imply, represent or warrant, by virtue of supplying information incorporating Content, that Company holds or grants any license to use any text, video clips or graphics provided, including news mentions or links to such mentions. Customer's use of any text, video clips or graphics provided hereunder, other than in accordance with the terms set forth herein, shall be at Customer's sole risk and expense. All items are protected by copyright owned by the copyright owner or licensor. (E) Customer's use of Content may be subject to restrictions imposed by one or more third -party copyright owners, and Customer agrees that it shall comply with any such restrictions. (F) Company does not represent or warrant that any specific source will be monitored by Company or represent that any amount of Content will be delivered through the Company Technology. Company reserves the right to change the sources that it monitors at any time. Certain sources may limit Customer's ability to view content or access links through the Services. Customer agrees that it shall comply with any such restrictions. March 28, 2016 New Business 7 -b 78 of 94 (G) If Customer provides users in the United Kingdom ( "UK ") with access to the Monitoring Service and receipt of NLA Content, then Customer shall: (iv) Obtain a license for any NLA Content accessed using the Services directly from the Newspaper Licensing Agency ( "NLA ") for such UK Users; (v) Unless licensed by the NLA, not further reproduce, copy, distribute, display, sell, publish, broadcast, circulate, deliver or transmit NLA Content either internally or to any third party (with the exception of licensed Public Relations Consultancies and /or Trade/Professional Associations) so as to infringe the intellectual property rights vested in the NLA; (vi) Not remove, conceal or alter any copyright notices contained on or within the NLA Content as accessed or delivered; (vii) Not store NLA Content in electronic form as part of any library or archive of information other than within the Services; and (viii) Provide a statement when requested by Company setting out the number of permitted Users within Customer's organization in the UK. (H) UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, DOWNLOADING, REPRODUCTION, REDISTRIBUTION, OR REPUBLICATION OF THE CONTENT AND COMPANY DATA IS SOLELY AT CUSTOMER'S OWN RISK. COMPANY AND ITS THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR CUSTOMER'S SUBSEQUENT USE OR DISTRIBUTION OF THE CONTENT OR COMPANY DATA. 3.4 Additional Representations and Warranties. (I) Print and Internet Monitoring. ALTHOUGH COMPANY WILL MAKE EVERY EFFORT TO PROVIDE A COMPLETE AND RELIABLE MONITORING SERVICE, IT CANNOT GIVE CREDIT FOR MISSED OR INCORRECT ARTICLES. COMPANY MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, REGARDING THE ORIGIN, ACCURACY, CORRECTNESS, COMPLETENESS, SUBJECT MATTER, CONTENT, OR EDITORIAL APPROACH OF ANY CONTENT, OR THE QUALITY OF SCANNED MATERIALS. (J) Broadcast Monitoring. COMPANY CANNOT MAKE REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OF BROADCAST CONTENT OR TELEVISION TEXT BECAUSE IT USES CLOSED - CAPTIONING OF PROGRAMS, WHICH IS NOT ALWAYS IDENTICAL TO THE LITERAL TRANSCRIPTION OF A BROADCAST. CUSTOMER ACKNOWLEDGES THAT CLOSED - CAPTIONING IS SUBJECT TO OCCASIONAL CAPTION ERRORS, MISSPELLINGS, AND GARBLING. (K) Social Media Monitoring. SOCIAL MEDIA MONITORING SERVICES ARE PROVIDED TO CUSTOMER "AS -IS." COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND AND NATURE CONCERNING THE SOCIAL MEDIA MONITORING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. SPECIFICALLY, COMPANY DOES NOT WARRANT THAT THE SOCIAL MEDIA MONITORING SERVICES WILL BE ERROR FREE, COMPLETELY SECURE, OR OPERATE WITHOUT INTERRUPTION. March 28, 2016 New Business 7 -b 79 of 94 4. HELP A REPORTER OUT SERVICE 4.1 HARD. This section sets forth the terms and conditions governing the provision and Customer's use of Company's service linking information sources to reporters and bloggers currently known as HARO or HelpAReporterOut ( "HARO "). 4.2 Types of Memberships. There are two types of memberships in HARD: Journalist Members and Source Members. The scope of Customer's access to the site is dependent upon the member type. Journalist Members log onto the Journalist home page and post a query ( "HARO Query ") which is given an anonymous email address. Source Members receive email listings of HARO Queries submitted by Journalist Members. If a Source Member has relevant information which he or she believes, in good faith, can assist the Journalist Member with regard to the specific HARO Query, then the Source Member may provide that information in response. The Source Member may not respond if the information is not in specific response to the HARO Query and the Source Member may not utilize any information contained within the HARO Query for any other purpose. Source Members may forward HARD Queries to others, but Source Members shall not post HARO Queries on blogs, Web sites or any similar venue. Customer shall not harvest Journalist Member email addresses for any reason. 4.3 Additional Disclaimers. Company does not represent or warrant any information regarding the identity of any Journalist or Source Member with whom Customer may interact in the course of using the HARO service. Additionally, Company does not verify the authenticity of any data which Journalist or Source Members provide about themselves or relationships such individuals may describe. Customer shall not falsely state, impersonate, or otherwise misrepresent its identity, including but not limited to the use of a pseudonym in posting or responding to HARO Queries. Company is not liable for the deletion, corruption or failure to post, store and/or forward any messages or other content (and /or to do so in a timely manner), including without limitation HARO Queries maintained or transmitted by the Services. March 28, 2016 New Business 7 -b 80 of 94 Exceptions to Specifications Please see below to the objections to points made in the RFP Bid form provided by Collier County: Price Adjustments Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Our price adjustments aren't limited to CPI because they are often driven by added functionality. Insurance 12. Insurance Requirements 14. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. Cision meets many of the specified insurance limits but it does not notify clients of cancellation nor does Cision list clients individually as additional insureds. Cision has a blanket provision in its coverage that states that if it says that a customer is an additional insured in the contract then they are covered. Standard Purchase Order Terms and Conditions Cision cannot agree to the terms set forth in #4, 5, 13, and 14 (we can provide certificate of insurance) of Exhibit IV (the PO terms and conditions), nor can Cision agree to any of the terms in Exhibit III (Cision's standard contract is included with its response). 2015 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P10000014936 Entity Name: CISION US, INC. Current Principal Place of Business: 1 PRUDENTIAL PLAZA 1301 EAST RANDOLPH DRIVE SUITE 700 CHICAGO, IL 60601 Current Mailing Address: 1 PRUDENTIAL PLAZA 130 EAST RANDOLPH DRIVE SUITE 700 CHICAGO, IL 60601 US FEI Number: 36 -4011543 Name and Address of Current Registered Agent: GEC GROUP, LLC 2731 EXECUTIVE PARK DRIVE 4 WESTON, FL 33331 US r 8, 2016 Jan 7 b Secf St retary oate CC0736512139 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer /Director Detail : Title CEO /PRESIDENT Name GRANAT, PETER Address 1 PRUDENTIAL PLAZA 130 EAST RANDOLPH DRIVE SUITE 700 City- State -Zip: CHICAGO IL 60601 Title SVP Name SOLOMON, STEVE Address 1 PRUDENTIAL PLAZA 130 EAST RANDOLPH DRIVE SUITE 700 City- State -Zip: CHICAGO IL 60601 Title DIRECTOR Name PEARLSTEIN, JACK Address 1 PRUDENTIAL PLAZA 1301 EAST RANDOLPH DRIVE SUITE 700 City- State -Zip: CHICAGO IL 60601 Title EVP /CFO/TREASURER/SECRETARY Name PEARLSTEIN, JACK Address 1 PRUDENTIAL PLAZA 130 EAST RANDOLPH DRIVE SUITE 700 City- State -Zip: CHICAGO IL 60601 Title DIRECTOR Name GRANAT, PETER Address 1 PRUDENTIAL PLAZA 1301 EAST RANDOLPH DRIVE SUITE 700 City- State -Zip: CHICAGO IL 60601 Title DIRECTOR Name SOLOMON, STEVE Address 1 PRUDENTIAL PLAZA 1301 EAST RANDOLPH DRIVE SUITE 700 City- State -Zip: CHICAGO IL 60601 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: JACK PEARLSTEIN EVP AND CFO 01/29/2015 Electronic Signature of Signing Officer /Director Detail Date March 28, 2016 New Business 7 -b 82 of 94 e . Cision US Inc. CISION 1 Prudential Plaza, 7th Floor 130 E RandolphStreet Chicago, IL 60601 Tel: 312.922.2400 Fax: 312.922.3126 Order Form Reference No: 0-79274 Salesperson: Justin Tankersley, justin.tankersleyoasion.com Created: February 4, 2016 Quote Expiration: March 5, 2016 This Order Fort ('Order Form') is entered into and effective as of the date of the Customers signature below, between Cision US Inc. with its principal place of business at 130 E. Randolph Street, Chicago, IL 60601 ("Company') and Collier County Board of County .Commissioners with its pdncipal.place of h, at 3299 Tamiami Tr -East, Ste 700, NAPLES, F134112 USA rCustomae). This -order Form is governed by the Subscription Agreement Terms and Conditions by and between Company and Customer (the "MSA'5 (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 SHIPPING INFORUATION ON FILE Company: Collier County Board of County Commissioners INDICATE Shipping Address: 3299 Temiami Tr: East, Ste 700 Naples FL, 34112 USA hipping Address: Name: Erin Smith Name: Phone: (239) 252 -6298 Phone: E -mail: erinsmithQcolliergov.net E -mail: Billing Information Company: Collier County Board of County Commissioners This is a residential address. Billing Address: 329.9 Tamiaml Tr. East, Ste 700, NAPLES, FL 34112 USA Billing Address: 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: March 98, 9016 New Business 7 -b 83 of 94 • 10 SFRVICFS Ordered 3,000 Additional lls 12 Month(s) 1 Standard Media Database: North America (includes up to 3,000 emalls) 12 Month(s) 1 3 Pack PRWeb Advanced Releases 12 Month(s) 1 News OnDemand: Online $ LerdsNexis Print Monitoring North America 12 Month(s) 1 News On- Demand Royalty Fee 12 Month(s) 1 News OnDemand: Streams 12 Month(s) 1 Social Media Monitoring: Up to 120,000 results per year 12 Month(s) 1 Additional Concurrent User(s) 12 Months) 1 Broadcast Monitoring: US 12 Month(s) 1 News OnDemand: Upgrade to International monitoring 112 Month(s) • Note: The Prices above do not include taxes and travel expenses. Taxes (if applicable) are charged based on the state listed in the Shipping Information section above. Invoices will reflect any such taxes collected or travel expense amounts. Collier County a political subdivision of the State of Florida is tax exempt. 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 Tenn, then the Service Term will begin on the first -late listed, unless Customer signs after such date, then Company will adjust the Service Term to start on the date of Customer's signature below. 0 March 28, 2016 New Business 7 -b 84 of 94 Payment Information Total Discounted Agreement Amount: $11,467.50 Payment Plan: Quarterly Installment Amount: $208.88 This payment plan consists of 4 equal invoked payments totaling the amount of the contract (plus applicable sales tax if any and handling fee). The first Invoice will -be generated at the-Ume the contrechis received and processed; the subsequent Invokes w1# be•generatedarthe same day, three months apart . Payment Type: Invoice Payment Terms: Bue an reeelpt In accordance with with Ch. 218, Local Government Prompt Payment Act. Invoices shall be delivered via email to the "Invoice Contact E -mail' In the billing Information section above. Are you Tax Exempt? ES If your organization Is tax exempt, we require a valid tax exemption ceMbate from your state. Please email a copy of your certilkate to your sales representative. We will not be able to process your order until this certil kate 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 Informationacknowledges 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: March 28,2016 New Business 7 -b 85 of 94 Product Overview The following products are included in this Order Form: 3,000 Additional Emails Emails are used when sending distributions out via the Cision application. Emails expire at the end of the contract period and will not be rolled over. 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. Includes 5,000 emalis which expire at the end of the wntract. 3 Pack PRWeb Advanced Releases Flat Rate Package of 3 -PRWeb Advanced Releases•which expire at the end of the- contract period. Includes one embedded image on PRWeb.com per release. News OnDemand: Online & LexisNexls Print Monitoring North America Coverage of nearly 10,000 North American print sources of newspapers, magazines, trade/business Journals and newsletters from the I-exisNexis library as well as tens of thousands of North American news websites. News On- Demand Royalty Fee Royalty fees for online. content. News OnDemand: Streams Any easy4o -use dashboard that enables you to quickly monitor and share news, and directly engage with influencers. Social Media Monitoring: Up to 120,000 results per year Monitor millions of blogs, sodas 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. Broadcast Monitoring: US Monitor the closed- caption text from all national and cable news television programs as well as local coverage I all 210 US markets. Receive video snippets of your coverage with tools to easily edit, share and archive coverage. News OnDemand: Upgrade to International monitoring Upgrade your News OnDemand package to international content W _March 28, 2016 New Business 7 -b 86 of 94 IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives. For: Cision US Inc. Signature: Printed Name:cP Date: ZA1-, le COMPANY FIRST WITNESS: By: Z- / AL40/mss Print Name COMPANY S OND WITNESS: By: te5-2' Cr Print Name Approved as to Form and Legality: ssistant County Attorney SUBSCRIBER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Joa Markiewicz Procurement Services Director CAO _ March 28, 2016 New Business 7 -b 87 of 94 SUBSCREMON AGREEMENT TERMS AND CONDMONS For good and valuable consideration, the receipt and sufficiency of which is hereby aclmowledged, the parties agree as follows: 1. SUBSCRIPTION A. Subject to the terms and conditions of this agreement, the subscriber ("Subscriber') named in the first page (the "Cover Page') of this subscription agreement (the "Agreement") hereby subscribes to the on- demand relationship management service (the "Service'] made available by Cision US Inc. or its affiliate(s) (d/b /a/ Cision, hereafter "Company"). The term "Service" shall be deemed to include any professional services or custom services provided by Company under this Agreement and/or as obtained' by using the suite of serviceshools set forth on the Order Form. Company grants Subscriber a non - exclusive, revocable, non- transferable (other than as set forth in this Agreement), non. sublic enable right to access and use those modules of the Service set forth on the Order Form for its own internal business purposes in accordance with the terms and conditions in this Agreement. Subscriber shall not (i) license, sublicense, sell, resell, transfer, assign, or otherwise commercially exploit or make available to any third party the Service or any data provided by the Service in any way; or (ii) access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, fractions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. B. This Section LB sets forth the terms and conditions governing Company's provision and Subscr'iber's use of Company's content monitoring service currently known as News On- Demand, News Management, Social Media or Broadcast Media (collectively and individually the 'Monitoring Service') and only applies if such service is included on the Order Form, or is part of a suite of Purchased services, in either case, the Monitoring Service shall be considered part of the Service. (i) Company will monitor various sources on a daily basis for mentions of words or phrases specified by Subscriber (each word or phrase a "Subscriber Query"). Company reserves the right, in its sole and absolute discretion, to refuse to undertake any query that Company reasonably deems improper or unlawful. (ii) Subscriber can access the text (or portions•of the text) and video clips containing the Subscriber Queries through the Service. Using the Service's functionality, Subscriber may e- mail text, links viewable within the Service or video clips to Subscriber's employees, agents, contractors or clients (in .the can of agencies who use the Service on behalf of a client) ("Allowed Recipients') solely for use in relation to Subscriber's or client's (in case of agencies who use the Service on behalf of a client) internal business purpose. (iii) Neither Subscriber nor Allowed Recipients may (a) resell. any text or video clips supplied hereunder (including any portion thereof), or (b) distribute or transfer, by any means whatsoever, any text or video clips received via the Service (or copies thereof), to any person, organization or institution other than Allowed Recipients. Subscriber wan-ants that text or video clips provided to Subscriber through the use of the Service will not be resold, republished or otherwise systematically distributed to third parties in any foam, including but not limited to via an intranet, extranet or interet site. Notwithstanding anything to the- contrary in this Section LB, Subscriber may, via Company functionality, post, in electronic format, text, video clips, reports or the him, received via the Service to an inhanet site for access and use solely by Allowed Recipients. (iv) Subscriber acknowledges and agrees that in. providing the Service, Company will supply information, including news mentions, prepared by others ("Third Party Content'), and Company is not responsible for the content of any such Third Party Content. Company makes no representation or warranty, whether express or implied, regarding the origin, accuracy, correctness, completeness, subject matter, content, or editorial approach of any Third Party Content. (v) Subscriber acknowledges and agrees that the Third Parry Content monitored by Company is subject to copyrights owned by third parties. Company does not imply, represent or warrant, by virtue of supplying information incorporating Third Party Content, that Company holds or grants any license to use any text, video clips or graphics provided, including news mentions or links to such mentions. Subscriber's use of any text, video clips or graphics provided hereunder, other than in accordance with the terms set forth herein, shall be at Subscriber's sole risk and expense. Further, Subscriber's use of information obtained through the Service may be subject to restrictions imposed by one or more third -party copyright owners, and Subscriber agrees that it shall comply with any such restrictions. (vi) Company does not represent or warrant that any specific source will be monitored by Company. Company reserves the right to change the sources that it monitors at any time. (vii) Certain sources, including but not Mfited to The -Wall Street Journal, may limit Subscriber's ability to view content or access links through the Service. Subscriber agrees that it shall comply with any such restrictions. (viii) ff Subscriber provides users in the United Kingdom (UK) with access to the Monitoring Service, then Subscriber shall: Obtain a license for NLA Content directly from the Newspaper Licensing Agency CWLA") for such UK users; Unless licensed by the NLA, not to further reproduce, copy, distribute, display, sell, publish, broadcast, circulate, deliver or transmit NLA Content either internally or to any third party (with the .exception of licensed Public Relations Consultancies and/or TradelProfessional Associations) so as to infringe the intellectual property rights vested in the NLA; Not remove, conceal or alter any copyright notices contained on or within the NLA Content as accessed or delivered; ( 9a - Not store NLA Content in electronic form as part of any library or archive of information other than within the Service; and - Provide a statement when requested by Company setting out the number of permitted users within Subscriber's organization in the UK. (ix) Within the Service, Company provides certain news and other content and/or content sharing. _capabilities (8/k/a Quickshare) (collectively "LN Materialsl to Subscriber through a partnership with LexisNexis, a division of Reed Elsevier Inc. CW ). The LN Materials are provided "AS IS ", and Subscriber's use of the LN Materials are subject to LN's terms and conditions available online at www.lexisnexiWtterms/general (the "LN Terms! , and incorporated into this Agreement by reference. The IN Terms shall be deemed modified to the extent necessary to permit access to the LN Materials through the functionality of the Service. Subscriber is prohibited from accessing and. using LN Materials unless Subscriber has consented to the LN Terms. The LN Terms constitute a separate binding agreement between IN and Subscriber, and IN has the right to assert and enforce the LN .Terms .directly on its own behalf. Company takes no responsibility and assumes no liability for the obligations of LN as well as. any LN Materials accessed. by Subscriber using the Service. Subscriber agrees that Company is only acting as a passive conduit for. online distribution and publication of LN Materials which have been ordered by Subscriber from LN. LN's consent to the terms of this Agreement shall be evidenced by providing Subscriber with the means to access the LN Materials. The LN Materials may be provided as part of or separately from the Monitoring Service. C. This Section 1.0 sets forth the terms and conditions governing Subscriber's purchase of press release distribution services including the distribution of news releases and related information via the Software through Company's partnerships with either PRWeb (the "PRWeb Service") or Marketwired (the "Marketwired.Service'l (collectively, the "Press Release Services ") and only applies if such service is listed on the Order Form, or is part of a suite of purchased services, in either case, the Press Release Services shall be considered part of the Service. (i) Subscriber and not Company is responsible for the content and accuracy of all news copy and other information submitted by Subscriber to Company for distribution via the Press Release Services (the "Release Materials'), even if such copy has been reviewed, edited, or written by a Press Release Services company for Subscriber. Company is not responsible for verifying facts contained in any Release Materials. (ii) Neither Company nor the Press Release Services companies wan-ant specific placement of any news release nor pick up by third parties of any news release, but will deliver a news release via online distribution methods to make such content available to be repurposed by third parties who discover March 28, 2016 New Business 7 -b 88 of 94 the content at various Internet locations, both intended and unintended. (iih) Subscriber shall not query, spider or access any Press Release Services without the express written consent of Company. (iv) PRWeb Service. a) Company reserves the right in its reasonable discretion to (a) rejector edit Release Materials (such -editing to be done collaboratively with Subscriber); and (b) remove any news release from its web site, • cease distribution of any news release or reject any news release. Subscriber acknowledges that re- distribution of news releases is beyond Company's control, and accordingly, Company is not obligated to remove Release Materials from sites outside of Company's PRWeb network. b) All Release Materials must follow the PRWeb Service editorial guidelines which can be found on the PRWeb Service web site and are subject to change at any time at Company's sole discretion. c) U there are errors in the dissemination of Release Materials by Company, Company shall use reasonable efforts to correct such errors promptly upon Subscriber's notice, without additional charge, and such obligation to correct shall constitute the sole liability of Company in this regard d) All Release Materials submitted by Subscriber to Company must contain a Subscriber contact name, phone number and e-mail address that can be verified by Company. (v) Marketwired Service. a) Use of the Marketwired Service is subject to Marketwired's Terms of Service available online at http: //www.marketwim.com/Marketwire Terms of Servi ce US, or such other method as may be advised from time to time by Marketwired, and incorporated into this Agreement . Such terms of .service shall be deemed modified to the extent necessary to permit access to Marketwired's services.threugh the functionality .of the Software. Marketwired's Terms of Service constitute a separate binding agreement between Marketwired and Subscriber, and Marketwired has the right to assert and enforce its terms of service directly on its own-behalf. D. This Section LD sets forth the terms and conditions governing Company's provision and Subscriber's use of Company's service linking information sources to reporters and bloggers currently (mown as HARO or HelpAReporterOut ("HARO ") and only applies if such service is listed on the Order Form, or is part of a suite of purchased services, in either case, HARO shall be considered part of the Service. �O (i) There are three types of memberships in HARO: Journalist Members, Source Members and Sponsors. The scope of Subscriber's access to the -site is dependent upon the member type. Journalist Members log onto the Journalist home page and post a quay (".HARO Query") which is. given an anonymous email address. Source Members receive email listings of HARO Queries submitted by Journalist Members. If a Source Member has relevant information which he or she believes, in good faith, can assist the Journalist Member with regard to the specific HARO Query, then the Source Member may provide that information in response. The Source Member may not respond if the information is not in specific response to the HARO Query and the Source Member may not utilize any information contained within the HARO Query for any other purpose. Sponsor Members: To become a Sponsor member, a Subscriber must purchase advertisement spots that will appear in a HARO email. (ii) Source Members may forward HARD Queries to others, but Source Members shall not post HARO Queries on blogs, web sites or any similar -venue. Subscriber must not harvest Journalist Member email addresses for any reason. (iii) Company does not represent or warrant any information regarding the identity of any Journalist or Source Member with whom Subscriber may interact in the course of using the Service. Additionally, Company does not verify the authenticity of any data which Journalist or Source Members provide about themselves or relationships such individuals may describe. Subscriber shall not falsely state, impersonate, or otherwise misrepresent its identity, including-but not limited to the use of a pseudonym in posting or responding to HARO Queries. (iv) Company is not liable for the deletion, corruption or failure to post, store and/or forward any messages or other content (and/or to do so in a timely manner), including without limitation HARO Queries maintained or transmitted by the Service. E. Company's online platform comprised of tools, databases, APIs, and software solutions developed by Company (the "Software ") allows access to certain proprietary or licensed information, data and materials. No license or other rights in the Software and any content within the Service, exclusive of Subscriber Data and Subscriber Materials, are granted to Subscriber hereunder, and all rights not expressly granted to Subscriber herein are expressly reserved to Company or its licensors, as applicable. Subscriber agrees not to modify, create derivative works o1, translate, reverse engineer decompile, disassemble the Service or Software or otherwise recreate or gain access to the source code. Furthermore, Subscriber shall not use the Service or any interface thereto for the purpose of developing a product or service that provides functionality similar to the Service. F. The Service may include commenting or messaging functionality, functionality that allows posting or transmitting March 28, 2016 New Business 7 -b 89 of 94 content to outward facing, social or public platforms. By-doing so, Subscriber agrees not to post any of the following: (i) Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent; (ii) Content that violates, or that causes Company to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction; (iii) Content that infringes or violates any intellectual property or proprietary right of any party, or that Subscriber otherwise does not have the right to crake available; (iv) Private or confidential information of any person or entity, any trade secrets or information for which Subscriber has any obligation of confidentiality, or any miterial that impersonates any person or entity or misrepresents Subscriber's affiliation with any person or entity; (v) Viruses, corrupted data, or other harmful, disruptive, or destructive files or content; (vi) Content that violates any terms or conditions, policies, or guidelines of any social media platform or other platform or service to which it Is poste&; or (vir7 Content that transmits any bulk unsolicited commercial communications. G. Subscriber represents to Company that Subscriber has valid title or license to all materials, including but not limited to the Release Materials if applicable, provided by Subscriber for residence on the Service (the "Subscriber Materials'), and it has all rights necessary to grant Company the rights set forth in this Agreement. Subscriber Materials are and shall remain the property of Subscriber, who shall retain all intellectual property rights therein. Subscriber hereby represents and warrants that Subscriber Materials will not contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or that 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, display and prepare derivative works of the Subscriber Materials solely for the purpose of providing the Service. Company reserves the right to remove Subscriber Materials or other information and accounts containing any information that it determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party's intellectual property or this Agreement. H. Subscriber is responsible for all actions taken via Subscriber's account for the Service, including protecting the confidentiality of Subscriber's passwords and user IDs, and maintaining timely contact information for such account. L Company uses information collected from Subscriber ("Subscriber Data ") to provide the Service. Company may share L_ OVA Subscriber Data or Subscriber Materials with its affiliates or third parties that work on Company's behalf or provide services to Company in relation to Company's provision. of the Service to Subscriber, including but not limited to necessary hardware, software, networking, storage, and technologies required to run the Service, and Subscriber hereby consents to such use of Subscriber Data and Subscriber Materials by affiliates and third parties. Subscriber acknowledges and agrees that Subscriber Data and Subscriber Materials may be transferred to, stored in, or accessed from outside the United States solely in order to provide the Service or for Company to fulfill its other obligations under this Agreement. Company shall, in providing the Service, comply with its privacy policy available at www.vocus.com www.cision.com, or such other website address made publically available. County subject to FL Public Records Law, Ch. 119, Fla.Stat. 2. HOSTING, SERVICE AVAI LABMITY AND STORAGE A. Company shall host and maintain the Service on its servers. The Service will maintain an average availability of no less than 99.5 %, which translates to less than forty -five (45) hours of downtime per annum, excluding downtime caused by (i) scheduled maintenance performed between the hours of 12:00 AM and 6:00 AM Eastern time, (ii) emergency maintenance, (iii) force majeure, and (iv) any other events beyond Company's reasonable control. Downtime is any time in which a computer on the global Intemet is unable to connect to the Company production environment, log into the application, access application data or file attachments or execute reporting jobs due to unavailability of the Service. B. Company shall provide up to 500 megabytes (5 gigabytes if Company Public Relations Enterprise Edition is specified on the Order Form) of hosted data storage capacity to Subscriber for purposes of storing Subscriber Materials on the Service. Subscriber may purchase additional storage space at any time at Company's then - currant price for such storage. 3. BACK -UP AND SUPPORT SERVICES A. Company shall keep offsite back -ups of Subscriber's data. Restoration of Subscriber's data due to the fault of Subscriber will be at Subscriber's expense and if due to the fault of Company, at Company's expense. B. During the term of this Agreement, Company shall provide technical support to Subscriber by providing Subscriber with access to a member of the Company support services staff via a telephone help line or email, which support staff member will consult with Subscriber for a reasonable amount of time during the hours of 8:00 AM and 8:00 PM Easter time, Monday through Friday (unless otherwise set forth on the Order Form) to assist Subscriber with troubleshooting, error correction and use of the Service. C. Any professional services or custom services purchased by Subscriber shall be used by Subscriber within the longest subscription term of any other service listed on the Order Form, or if no other service is listed on the Order Form, then within Subscriber's then current subscription term. March 28, 2016 New Business 7 -b 90 of 94 4. FEES A. Subscriber shall pay the fees set forth on the Order Form in accordance with the payment terms set forth on the Order Form or upon signing of this Agreement if no such terms are contained on the Order Form. Fees are for services subscribed to and not for actual usage of the service, and except as set forth in Section 9.B, payment obligations are non - cancelable and all fees paid are non- refundable. Unless otherwise agreed to by the parties, Subscriber will not be given access to the Service until payment has been received. B. If Subscriber's account is thirty (30) days or more overdue, in addition to any of Its other rights or remedies, Company reserves the right to suspend Subscriber's access to the Service, without liability to Subscriber, until such amounts are paid in fiill. Pursuant to Section 218.74 Fl Stat. which ever is lower, from the date such payment was due until the date paid C- Prices set forth on the Order Form do not include taxes. Unless collected and remitted by Company (as indicated on the invoice presented to Subscriber by Company), Subscriber is responsible for payment of all taxes due to a governmental authority, if any, except for taxes 'unposed . on Company's net income. Subscriber shall provide to Company any certificate of exemption or similar document required to exempt any transaction under this Agreement from sales tax or other tax liability. 5. A. "Confidential Information" means any and all information, which is of a confidential, proprietary or trade secret nature that is firmished or disclosed by one party to the other party under this Agreement. Without limiting the generality of the foregoing, Confidential Information includes the specific business terms of this Agreement, Subscriber Materials, and any other information that is marked as "Confidential," "Proprietary," "Trade Secret," or in some other manner to indicate it is of confidential, proprietary or trade secret nature. B. Confidential Information will remain the property of the disclosing party. The receiving party agrees: (i) to hold the Confidential Information in strict confidence; (ii) to limit disclosure of the Confidential Information to the receiving party's own employees, agents affiliates, or authorized consultants or vendors who have a need to know the Confidential Information for the purposes of this Agreement;. (iii) not to disclose any Confidential Information to any third party; (iv) to use the Confidential Information solely in accordance with the terns of this Agreement in order to carry out its obligations or exercise its rights under this Agreement; and (v) to notify the disclosing parry. promptly of any unauthorized use or disclosure of the Confidential Information and to cooperate with the Aisclosing party in every reasonable way to cease such unauthorized use or disclosure. C. The obligations tinder this Section 5 will not apply to information that the receiving party can demonstrate: (i) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongfid act by the receiving party; (il) is independently developed by the receiving party without regard to the Confidential Information of the other party; or (iii) is required to be disclosed by law or order of a court of competent jurisdiction or regulatory authority, provided that the receiving party shall attempt to famish prompt written notice of such required disclosure and reasonably cooperate with the diselosing.partN atihe.disclosing party's expense, in any effort made by the disclosing party to seek a protective order or other appropriate.protection. of its Confidential Information, D. The parties agree that any breach of this Section 5 may cause the disclosing party substantial and irreparable damages; therefore, If the receiving party discloses or uses (or threatens to disclose or use) any Confidential Information of the disclosing party in breach of this Section S, the disclosing party shall have the right, in addition to any other remedies available to it, to seek injunctive and equitable relief. E. Confidentiality of .information contained in this agreement is subject to the requirements of the Florida Public Records Act, Chapter 119, Fla Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat. 6. WARRANTIES A. Company represents and warrants that the Service will be available to Subscriber and perform substantially in accordance with the on -line help documentation and the service level standards set forth in Section 2.A of this Agreement. B. Company represents and wan-ants that (i) the software underlining the Service does not and will not contain. any Virus (as defined herein) or harmful or malicious code, including, without limitation, any software routine, code or instruction, hardware component or combination of the above which is designed to intentionally repossess the programs. For purposes hereof, "Virus" i means, but is not limited to, components that are commonly referred to as '% ruses," "back doors," "time bombs," "Trojan horses," "worms," "drop dead devices," and the like; (ii) it has the right to grant . the license (i.e., use rights) to the proprietary software underlying the Service hereunder and to Company's knowledge, that the software underlying the Service (and use thereof) shall not infringe a third party's proprietary rights; (iii) the Service will be provided in a professional and workmanlike manner; and (iv) the Software shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by Subscriber. i C. Each party represents and warrants that the undersigned individual has full authority to (i) execute this Agreement on behalf of his/her respective party, and (ii) bind his/her respective party to this Agreement. D. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE (INCLUDING NON - INFRINGEMENT), AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF —• Maroh 26, 2416 New Business 7 -b 91 of 94 DEALING, COURSE OF PERFORMANCE OR USAGE -OF TRADE. 7. -INDEMNIFICATION A. Company will indemnify, defend and hold Subscriber harmless against any claim or demand by a third party, including without limitation reasonable attorney's fees, alleging that the Software infringes any intellectual property right under the laws of the United States of a third party. Company's indemnification obligation does not cover third party claims arising from: (i) modifications to the Software or the Service by anyone other than Company or its authorized agents and contractors; (ii) use of the Software by Subscriber in combination with other software or equipment not provided by Company where the Software, but for such combination, would not be infringing; or (iii) Subscriber's failure to use the Software or the Service in accordance with the terms and conditions in this Agreement. B. Except . as limited by Florida Statutes, Section 768.28 Subscriber shall be responsible for the claims, losses, damages and expenses that are proximately caused by the wrongful or negligent acts or omissions of Itself or its agents, employees or representatives acting within the scope of their duties. Nothing herein shall be construed to limit Subscriber from asserting any defenses or Immunities (including common law, statutory and constitutional) it may have or be construed to create a basis for a claim or suit when none would otherwise exist. C. Indemnification by a party hereunder Is conditioned upon the following: (1) the indemnttee promptly notifying the other party of any claim; 411) the indemnitor having sole control of the defense and all related settlement negotiations; and (iii) the Indemnitee cooperating, at the indemnitor's expense, in the defense and furnishing the indemnitor with all related evidence in Its control. D. If a claim regarding the Service and alleging infringement is brought or is likely, in Company's sole opinion, to be brougbt, Company may, at its sole option and expense (i) obtain the right for Subscriber to continue using the Service; (ii) replace or modify the Service so that it becomes non - infringing; or (iii) upon notice to Subscriber, terminate this Agreement or Subscriber's use of the Service or any portion thereof, provided that Company promptly refunds to Subscriber the prorated portion of any pre -paid annual subscription fees paid hereunder for the Service or any portion of the Service. 8. LIMITATION OF LIABILITY A. Subscriber acknowledges that it alone is responsible for the results obtained from its use of the Service, including without limitation the usefulness, completeness, accuracy and content of such results. If any such results are inaccurate cr incomplete solely due to any defect in the Service, Subscriber's exclusive remedy and Company's sole obligation shall be to convect or modify the Service at no additional charge to Subscriber. B. The Service's web site may contain hyperlinks to Web sites controlled by parties other than Company. Company is not responsible for and does not endorse or accept any responsibility over the content or use of such Web sites. U C. Except for a material breach of the confidentiality provisions set forth in Section 5, or claims related to personal injury or property damage caused solely by Company's negligence or willful misconduct, Company's entire liability and Subscriber's exclusive remedy for damages for any claims arising under or in connection with this Agreement, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to Subscriber's actual direct damages, not to exceed the amounts actually paid by Subscriber under this Agreement during the twelve months immediately preceding the month in which the cause of action arose. D. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES (OTHER THAN THOSE THIRD PARTY CLAIMS COVERED BY SECTION 7) OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBMITY OF SUCH DAMAGES. 9. TERM AND TERMINATION A. The term of this Agreement shall be the subscription term set forth on the Order Form unless terminated earlier in accordance with this Section 9. Any renewal payments will be due upon receipt of a proper invoice and in compliance with Chapter 218.70 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act B. If either party believes that the other party has failed in any material respect to perform its obligations under this Agreement, then that party may provide written notice to the breaching party describing the alleged failure in reasonable detail. If the breaching party does not cure or begin to cure the material failure within 30 calendar days after receiving such written notice, then the non- breaching party may terminate this Agreement by written notice to the breaching party. Termination of this Agreement will be in addition to, and not in lieu of, other remedies available to the terminating party. Upon such termination by Subscriber, Company agrees to promptly refund to Subscriber a prorated portion of any prepaid annual subscription fees paid hereunder. C. In addition to those conditions, rights, and remedies set forth in this Agreement, Company may also suspend Subscriber's access to the Service if in Company's reasonable opinion: (i) Subscriber's use of the Service violates applicable local, state, federal, or foreign laws or regulations; (ii) Subscriber fails to use the Service in accordance with Section 1 of this Agreement; (iii) Subscriber's use of the Service results in excessive bounce - backs, SPAM notices or requests for removal from mailing lists by recipients; or (iv) there are repeated complaints of Subscriber posting or uploading material that infringes or is alleged to infringe the copyright or trademark rights of any person or entity. Company will provide notice (which may be by email) of such suspension; and when commercially possible, will work in good faith with Subscriber to help Subscriber resolve the issue causing the suspension. March 28, 2016 New Business 7 -b 92 of 94 D. Within thirty (30) days after the expiration or termination of this Agreement for any reason: (i) Subscriber shall destroy the original and all copies (including partial copies) of Company's Confidential Information; and (ii) Company shall destroy Subscriber's Confidential Information hosted on the Service. Subscriber's Confidential Information stored on backup tapes or similar will be overwritten or deleted in Company's ordinary course of business. E. The obligations of Sections LA (i) and (ii), LE, 1.F and 1.G, 5 (Nondisclosure), 7 (Indemnification), 8 (Limitation of Liability), 10 (Governing Law and Disputes), and 11 (General) will survive the expiration or termination of this Agreement. 10. GOVERNING LAW AND DISPUTES A. This Agreement will be governed and construed in accordance with the laws of the State of Florida exclusive of its choice of law provisions and WITHOUT THE APPLICATION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT. Any suit hereunder will be brought in the federal or state courts located in the or'd re it to the personal jurisdiction thereo . The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Subscriber and Company agree that in the event of litigation, the prevailing party shall have the right to collect from the other party its reasonable costs and attorneys' fees. comtt c=wormamanww ur B. Both parties agree to comply fully with all relevant laws, including the export laws and regulations relating to use ofthe Service in its place of business, regardless of country or jurisdiction. However, Subscriber's use of the data supplied by the Service is at Subscriber's own risk. Without limiting the foregoing, Subscriber will be solely responsible for usage of contact information (e.g. names, phone and facsimile numbers, e-mail addresses and physical addresses) in compliance with relevant laws and regulations. Subscriber may not: (i) send spam or unsolicited messages in violation of relevant laws, including concerning privacy, data protection, telemarketing, the CAN -SPAM Act or other commercial email laws, wireless domain suppression lists, and "Do- Not -Call" lists; (ii) send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawfid or tortious material, including material harmful to children or violate third party privacy rights; or (iii) send or store material containing malicious code, including, without limitation, software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. Company also reserves the right to use or disclose information provided if required by law or if Company reasonably believes that use or disclosure is necessary to protect Company's rights and/or to comply with a judicial proceeding, court order, or legal process. 11. GENERAL A. Any notice or other communication required or permitted to be made or given by either party pursuant to this Agreement will be in writing, in English, and will be deemed to have been duly given: (i) five business days after the date of mailing if sent by registered or D certified U.S, mail, postage prepaid, with return receipt requested; (ii) when delivered if delivered personally or (iii) one business day after being sent by express courier service. All notices will be sent to the other party at its address as set forth on the Order Form (in the case of Company, "Attu: Legal Departnent!I or. at such other address as such party will have specified in a notice given in accordance with this Section I I A- In addition, Company may provide notices to Subscriber electronically either via the Service or via any email address .provided by Subscriber in connection with Subscriber's account. B. Neither party may assign this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld or delayed, except that no such approval is required for assignment by to a subsidiary or other affiliate, or in the event of transfer in a 0) transaction involving a change in control or (ii) sale or other disposition of all or substantially all of the assets, business or operations. C. Subject to Section 11.B, this Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns. D. The section headings contained herein are for reference only and shall not be considered substantive parts of this Agreement. 13. If Subscriber is the U.S. Government or any agency or instrumentality thereof, the software provided pursuant to this Agreement is delivered with RESTRICTED RIGHTS only. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227 -19 Commercial Computer Software— Restricted Rights or DFAR 252.227 -7013 Rights in Technical Data and Computer Software. F. The provisions of this Agreement shall be deemed severable, and the unenforecalbility of any one or more provisions shall not affect the enforceability of any other provisions. In addition, if any Provision of this Agreement, for any reason, is declared to be unenforceable, the parties shall substitute an enforceable provision that, to the maximum extent possible in accordance with applicable law, preserves the original intentions and economic positions of the parties. G. No failure or delay by either party in exercising. any right, Power or remedy will operate as a waiver of such right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. If either party waives any right, power or remedy, such waiver will not waive any successive or Other right, power or remedy the party may have under this Agreement. H. Company and Subscriber are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between the parties. L Statutory Conformity. Goods and services provided pursuant to this Agreement, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act. J. Advertising. No Company providing services to Subscriber shall advertise the fact that it has contracted with Subscriber for March 28, 201E New Business 7 -b 93 of 94 goods and/or services, or appropriate or• make use of Subscriber's name or other identifying marks or property without the prior written consent of Subscriber's Purchasing Department. If. Insurance Requirements. Company, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with this Agreement. Providing and maintaining adequate insurance coverage is a material obligation of Company. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. L. Compliance with Laws. In fulfilling the terms of this Agreement, Company agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions.against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans status. Further, Company acknowledges and .without exception or 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, at seq. and regulations relating thereto, as 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 ofthis 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 ofthe 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 fiends. O. This Agreement and the terns 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 fWl 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. �O G Mareh 28, 2916 New Business 7 -b 94 of 94 IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives. For: Cision US Inc. Signature: �? r Printed Name: FF Date: _ ZhL� /� Approved as to Form and Legality: Assistant County Attorney COMPANY F RST WITNE By: Mii lam; - e Print Name COMPANY SECOND WITNESS: c- Print Name SUBSCRIBER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: M— _�k- Joanne Markiewicz Procurement Services Director Gto March 28, 2016 New Business 7 -c 1 of 156 EXECUTIVE SUMMARY Recommendation to award RFP 16 -6563 for Tourism Research Services to Research Data Services, Inc., recommend approval of the County Attorney approved contract, and make a finding that this item promotes tourism. OBJECTIVE: To award RFP 16 -6563 for Tourism Research Services to the successful bidder, Research Data Services, Inc. CONSIDERATIONS: RFP 16 -6563 for Tourism Research Services was publicly advertised on January 12, 2016. Email notices were sent to 389 firms with 19 firms requesting full solicitation packages. Two responses were received by the due date of February 2, 2016. No responses were found to be non responsive. A selection committee met on Monday, February 29, 2016 to review the proposals. By consensus of the members, the following firm is recommended to the Board along with the attached contract: Research Data Services, Inc., Tampa, FL Vendor will provide destination research services including but not limited to a monthly visitor profile, a monthly visitor impact study, monthly hotel occupancy and average daily rate study, an annual impact of tourism study, an information inquiry conversion study and focus group research. FISCAL IMPACT: Funds in the amount of $120,800 for Tasks # 1 -5 plus $6,000 in out of pocket expenses for a total annual cost of $126,800 is available in the tourism Division Board approved FY 16 budget in fund 184, Contractual Services. 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: To award RFP 16 -6563 for Tourism Research Services to Research Data Services, Inc., recommend approval of the County Attorney approved contract, and make a finding that this item promotes tourism. PREPARED BY: Jack Wert, Tourism Director Attachments: Bid Document; Research Data Services, Inc Bid Response; Bid Tab Sheet, Agreement. March 28, 2016 New Business 7 -c 2 of 156 REQUEST FOR PROPOSAL C'Or r County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 16 -6563 TDC Research Services Adam Northrup, Procurement Strategist 239 - 252 -6098 (Telephone) 239 - 252 -6302 (Fax) adamnorthrup @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. ProalanentSmAms Division • 3327 Tamiami Trail East • Naples. Florida 34112 -0901 - 239-252-8407• www. colliergov.net /procmrwntservices March 28, 2016 New Business 7 -c 3 of 156 Table of Contents LEGALNOTICE ................................................................................................................................... ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................ ............................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS ............................................................................................ .............................11 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................... .............................15 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............................................................. .............................19 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT .................................................................. .............................28 ATTACHMENT 2: VENDOR CHECK LIST ................................................................................................ .............................29 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................... .............................30 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................... .............................31 ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................... .............................33 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION .............................................................. .............................34 ATTACHMENT 7: VENDOR SUBSTITUTE W — 9 .................................................................................... .............................35 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................... .............................36 ATTACHMENT 9: REFERENCE QUESTIONNAIRE ................................................................................... .............................38 March 28, 2016 New Business 7 -c 4 of 156 co7er county Adminstratihve Services Department Procurement Services Division Legal Notice Sealed Proposals to provide Tourism Research Services will be received until 3:OOPM Naples local time, on 2/02/2016 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 16 -6563 — TDC Research Services Services to be provided may include, but not be limited to the following: The County endeavors to find a research firm that can perform primary and secondary research to determine various aspects and results of the tourism efforts in the County. 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/purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on 1/12/2016. Prammeal Ser*es Depadmert• 3327 Tamiami Trail East - Naples, Flenda 34112.4901 • www.cal&ergov.nellpurchasing March 28, 2016 New Business 7 -c 5 of 156 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Naples, Marco Island, Everglades Convention and Visitors Bureau (CVB) (hereinafter, the "Division or Department'), the Collier County Board of County Commissioners Procurement Services Division (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. Background The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) is a part of Collier County Government and serves as the marketing arm of the Collier County Tourist Development Council (TDC). The Collier County Tourism Division administers the work of both the TDC and the CVB. Brief Description of Purchase The Tourism Department wishes to engage a research firm that can perform primary and secondary research to determine various aspects and results of the tourism efforts in the County. Historically, County departments have spent approximately $125,000 annually for these services. . Detailed Scope of Work The Contractor, at a minimum, must achieve all the requirements of the Specifications or Scope of Work stated herein. Primary and secondary tourism research shall include. 1. VISITOR PROFILE STUDY • Monthly face to face interviews in hotels and attractions • Interviews at Southwest Florida International Airport (RSW) when possible • Interviews at sports and special events as assigned by Project Manager • Monthly interviews conducted on -line with past visitors or inquirers • Monthly reports to CVB office profiling: • Visitor demographics • Economic, psychographic and budgetary factors • Separate breakouts for business, meeting and leisure travelers • Separate detailed origin and demographic reports on international and domestic visitors • Tourism Industry employment statistics for Collier County • Seasonal reports for high, low and shoulder seasons • Monthly third -party reports for economic trends, competitive destination information and group meeting impact • Sampling of visitor comments from face to face and on -line interviews • Annual reports of visitor impacts in all of the above categories 2. HOTEL OCCUPANCY & AVERAGE DAILY RATE STUDY March 28, 2016 New Business 7 -c 6 of 156 • Monthly survey of hotels to determine Occupancy, ADR, Rev Par, Room Demand, Number of Visitors, Visitor Spending, Visitor Economic Impact, Hotel Room Nights. • Monthly report to County on results with comparisons to previous months and previous years. • Annual report with comparisons to previous year • Seasonal reports for High, low and shoulder times of year 3. IMPACT OF TOURISM STUDY Annual Report on economic impact of tourism on Collier County to include: • Measurement of sales, gas and tourist development tax revenue and impact • Tax savings to Collier County residents resulting from visitor spending • Employment impact of tourism (i.e. jobs supported, jobs created, wages earned) • Impact on schools, revenue generated to them • Visitor spending at hotels, restaurants, shopping, attractions, gasoline • Return on Investment of advertising dollars to visitor spending 4. INQUIRY CONVERSION STUDY • Annual report of random sampling of inquiries for information from toll free numbers, e-mail and web site, and direct inquiries to destination advertising. • Percent of conversions with comparisons to other similar sized destinations • Return on investment for various publications and broadcast used in marketing the destination. • Economic impact from those respondents who came to the destination as a result of our marketing efforts 5. FOCUS GROUP RESEARCH Qualitative research on an as needed basis to measure or test the following: These sessions should be placed in domestic and International feeder markets: • Testing of Advertising concepts • Testing of brand positioning and perceptions • Testing of consumer preferences, activities and perceptions of Collier County as a visitor destination • Testing of preferences and buying habits with group meeting planners • Testing of website effectiveness, ease and methods of use. • Executive summary and detailed tabulation of the results of each study Term of Contract The contract term, if an award(s) is /are made is intended to be for one (1) year with four (4) one year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. March 28, 2016 New Business 7 -c 7 of 156 Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 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 1/12/2016 Last Date for Receipt of Written Questions 1/28/2016; 3:OOPM Solicitation Deadline Date and Time 2/2/2016; 3:OOPM Anticipated Evaluation of Submittals February 2016 Anticipated Completion of Contract Negotiations February 2016 Anticipated Board of County Commissioner's Contract Approval Date March 2016 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. 1. Tab I, Cover Letter / Management Summary 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. March 28, 2016 New Business 7 -c 8 of 156 2. Tab II, Business Plan (25 points) In this tab, include: • Description of the proposed contract team and the role to be played by each member of the team. • Timeline for delivery of each task throughout the contract year. • Creativity ideas in the way that your firm will collect data, unique interviewing techniques and reporting delivery. • Explain how you ensure that the data collected is accurate and useful to the County. 3. Tab III, Cost of Services to the County (15 points) • Provide the projected yearly total cost for each of the five (5) research tasks outlined in this solicitation. On a separate page, use the following format report your proposed costs to the County. Task Description UOM Quantity Unit Price Total Price 1 Visitor Profile Study Monthly 12 $ $ 2 Hotel Occupancy & Average Daily Rate Stud Monthly 12 $ $ 3 Impact of Tourism Study Monthly 12 $ $ 4 Inquiry Conversion Study Monthly 12 $ $ 5 Focus Group Research Each 4 $ $ Yearly Price $ Additionally, provide the projected monthly cost of out of pocket expenses such as travel for focus groups that would be in addition to the monthly service fee for the above services. "Out of pocket expenses" include, but are not limited to expenses such as: official telephone calls and FAX transmissions, parking fees, reasonable commercial transportation, reasonable gratuities, taxes, shipping fees, tolls, and travel expenses for visiting with media, meals and travel expenses for media coming to Collier County, entertainment, location rental and catering for events, etc. Description I UOM Rate Out of Pocket Fees maximum Monthly $ �A Additionally, provide an hourly fee for special projects not included in the five (5) research tasks listed in the scope of work, and please provide the projected monthly and annual cost of out of pocket expenses such as travel for focus groups that would be in addition to the monthly service fee for the above services. Description I UOM Rate Hourly Rate for Special Projects I Hourly $ Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The "yearly price ", "out of pocket maximum" and "hourly rate for special projects" from above, will be added together to yield the Total cost of services to the County. March 28, 2016 New Business 7 -c 9 of 156 • The County shall create a ranking for this item from the lowest Total to highest Total by vendor. Items marked with an N/A (or similar notation will be given the score of zero (0)). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the lowest Total. • The next lowest vendor's Total will be divided into the lowest vendor's Total 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. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. 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 members may, at their sole discretion, modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 4. Tab IV, Experience and Capacity of Firm (20 points) Demonstrate key parts of your firms experience that makes you uniquely qualified to perform these services for the County, including: • 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. Please detail contributions that the team members have made these projects, and how their contributions were measured. 5. Tab V, Specialized Expertise of Team Members (20 points) Identify the proposed account manager if you are awarded the Collier County Account. Include resume and detailed list of career accomplishments. Additionally, provide responses to the items listed below in the format identified. Total Cost of Services to the Total Points Vendor County Awarded Name (lower is more positive) Vendor 4,200 15 ABC Vendor 5,350 11.9 DEF Vendor 6,200 10.2 GHI Vendor 10,000 6.3 JKL 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 members may, at their sole discretion, modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 4. Tab IV, Experience and Capacity of Firm (20 points) Demonstrate key parts of your firms experience that makes you uniquely qualified to perform these services for the County, including: • 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. Please detail contributions that the team members have made these projects, and how their contributions were measured. 5. Tab V, Specialized Expertise of Team Members (20 points) Identify the proposed account manager if you are awarded the Collier County Account. Include resume and detailed list of career accomplishments. Additionally, provide responses to the items listed below in the format identified. March 28, 2016 New Business 7 -c 10 of 156 1. Number of years the project manager has in a leadership Team role in the market research. Vendor ABC 2. Number of governmental accounts managed by the 20 proposed account manger over the two year period. 18 (1/l/13-12/31/15). Vendor GHI 3. Number of proposer's fulltime equivalent staff (including 15 the account manager) assigned to the County's scope of 10 work in this RFP. Attach resumes of all staff assigned to our account. 4. Number of other accounts to be managed concurrently by the account manger should this firm receive an award to this RFP. TOTAL add 1'`+ 2 + 3, there subtract 4 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 create a ranking from highest Total to the lowest total. Information not provided by the vendor in this format shall receive a score of zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest Total price. • The next highest Total will be divided into the highest Total which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's Total score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Team Points Awarded Vendor ABC 24 20 Vendor DEF 18 15 Vendor GHI 18 15 Vendor JKL 10 8.4 6. 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). March 28, 2016 New Business 7 -c 11 of 156 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. Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Vendor Total Reference Score Paints Awarded Vendor ABC 445 10 Vendor DEF 435 9.8 Vendor GHI 425 9.6 Vendor JKL 385 8.7 Vendor MNO 385 8.7 Vendor PQR 250 5.6 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. 7. Tab VII, Acceptance of Conditions (0 points) 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. 8. 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 Exhibit II: General RFP Instructions 1. Questions March 28, 2016 New Business 7 -c 12 of 156 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:OOPM, Naples local time, on or before 2/02/2016 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 March 28, 2016 New Business 7 -c 13 of 156 Attn: Adam Northrup Procurement Strategist 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 six (6) disks (CD's /DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. 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. The Request for Proposal is issued. 3. Subsequent to the receipt closing date for the proposals, the Procurement professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. 4. Selection committee meetings will be open to the public and the Procurement professional will publicly post prior notice of such meeting(s) in the lobby of the Purchasing Building and on the County's Procurement Services Internet site. 5. Prior to the first meeting (Organization Meeting) of the selection committee, the Procurement professional will post a notice announcing the date, time and place of the meeting at least three (3) working days prior to the meeting. At the initial organization meeting, the selection committee members will receive instructions, the submitted March 28, 2016 New Business 7 -c 14 of 156 proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted with at least one (1) day advanced notice. 6. Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 7. At the scheduled selection meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. At the conclusion of that discussion, members of the public will be offered an opportunity (not to exceed three (3) minutes) to provide comments. 8. At the conclusion of public comments (provided for in number 7), the selection committee members will individually rank order each proposer. Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, public comments, and /or additional credit information. 9. Once the individual ranking has been completed, the Procurement professional will direct selection committee members to read their individual ranking publically. The Procurement professional will record individual rankings on the Final Ranking Sheet which will mathematically compile into an overall selection committee rank of proposers. 10. In any of the selection committee meeting deliberations, by consensus, members may request to invite proposers in to clarify their proposals, ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their individual ranking and subsequent selection committee overall ranking and final ranking. 11. The selection committee's overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Strategist. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract, pending the final approval by the Board of County Commissioners. 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 March 28, 2016 New Business 7 -c 15 of 156 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, Business Plan 25 Tab III, Cost of Services to the County 15 Tab IV, Experience and Capacity of Firm 20 Tab V, Specialized Expertise of Team Members 20 Tab VI, References 10 Local Vendor Preference 10 TOTAL 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. March 28, 2016 New Business 7 -c 16 of 156 Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remains with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and /or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and /or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and /or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and /or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and /or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non - conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production March 28, 2016 New Business 7 -c 17 of 156 and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or 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 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 the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause March 28, 2016 New Business 7 -c 18 of 156 beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be March 28, 2016 New Business 7 -c 19 of 156 associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. March 28, 2016 New Business 7 -c Exhibit IV: Additional Terms and Conditions for RFP 20 of 156 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 March 28, 2016 New Business 7 -c hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to tl?d R11056 extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County 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. 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. 5. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts /agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County's project manager: Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation March 28, 2016 New Business 7 -c price per ton, delivery price per package or carton, etc.). The invoice must identify th;2Mii$ &e and the number of units received (no contractor inventory or cost verification required). Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back -up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Generally speaking, the County assumes the project risk, the administration is more time consuming, and the County pays for the labor efforts and materials used to complete the project, including changes due to unforeseen conditions. 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. The County's project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 7. 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: bccapclerk(a)-a) 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. March 28, 2016 New Business 7 -c The County may not accept any additional surcharges (credit card transaction fees) as29 Q& 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 1aches" 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. 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. 8. 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. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses March 28, 2016 New Business 7 -c 24 of 156 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. 10. 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. 11. 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 responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. 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. 13. 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 March 28, 2016 New Business 7 -c final Board approval, no firm or their agent shall contact any other employee of Collier CArf( JA6 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. 14. 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. 15. 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.o[g /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. 16. 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. 17. Survivability Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 16 -6563 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 18. Protest Procedures Any prospective vendor / 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. March 28, 2016 New Business 7 -c Upon filing of said notice, the protesting party will have five (5) days to file a formal protest2&nW Abe 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. 19. 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. 20. 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. 21. 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. 22. 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 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. 23. 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 March 28, 2016 New Business 7 -c for any other employment eligibility verification requirements. The program will be used foFUhl'06 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 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. 24. 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 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 March 28, 2016 New Business 7 -c misrepresents the Local Preference status of its firm in a proposal or bid submitted to the 899tKill 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 11 B.2 (which are subject to Section 287.055, F.S.) and subsection 1113.3 (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. March 28, 2016 New Business 7 -c 29 of 156 coo e�r COUVIty Administrative services Department Procurement Services Division 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 16 -6563 — TDC Research Services 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 March 28, 2016 New Business 7 -c 30 of 156 co w county Administrative Services Department Procurement Services Division 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: Adam Northrup, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation 16 -6563 — TDC Research Services and 112912016. ❑ 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 March 28, 2016 New Business 7 -c 31 of 156 co Cou*tty Administrative Services Department Procurement Services Division 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 20 by identification Notary Public My Commission Expires day of , who is personally known to me to be the for the Firm, OR who produced the following March 28, 2016 New Business 7 -c 32 of 156 coer coulity Administrative Services Department Procurement Services Division Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 16 -6563 — TDC Research Services 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: 16 -6563 — TDC Research Services. (Proposal Continued on Next Page) 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 March 28, 2016 New Business 7 -c PROPOSAL CONTINUED 33 of 156 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 March 28, 2016 New Business 7 -c 34 of 156 corwr co14.Hty Administrative Services Department Procurement Services Division Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 16 -6563 — TDC Research Services (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: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Title: Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this ,20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) Day of March 28, 2016 New Business 7 -c 35 of 156 corms 35 Administrative Services Dgmrtrnent Procurement Services Division Attachment 6: Immigration Affidavit Certification Solicitation: 16 -6563 — TDC Research Services 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 Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of , 20_, by who has produced (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration (Type of Identification and Number) as identification. 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. March 28, 2016 New Business 7 -c 36 of 156 Co zer county Administrative Services Department Procurement Services Division 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 State Telephone FAX Order Information Address City State FAX Email Zip 2. Company Status (check only one) City Zip Email Remit / Payment Information Address City State FAX Email WE _Individual / Sole Proprietor _Corporation F��Partners _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, / certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number March 28, 2016 New Business 7 -c 37 of 156 Coder County Administrative Services Department Procurement Services Division 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 $100,000 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 noted: Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 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 $1"i'000 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 $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate March 28, 2016 New Business 7 -c 38 of 156 ❑ Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty / Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 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. RLA 1/6/2016 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 Vendor Signature Print Name Insurance Agency Agent Name Date Telephone Number March 28, 2016 New Business 7 -c 39 of 156 co ,� Cominty Administrative services Department Procurement Services Division Attachment 9: Reference Questionnaire Solicitation: 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: Project Budget: Change Orders - Dollars Added : Completion Date: Project Number of Days: = 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 G� =s ':j W (5 V CU i•� W O W a = O �y �� N �W w V) PO y G� � r7 Z V Research Data market research Dynamic Data for Decision Making! Research Data Services, Inc. 777 South Harbour Island Boulevard Suite 260 Tampa, Florida 33602 Phone: (813) 254 -2975 Fax: (813) 223 -2986 www.ResearchDataLLC.com WJKlages@ResearchDataLLC.com February 2, 2016 March 28, 2016 New Business 7 -c 40 of 156 r. 1 RFP Number: 16 -6563 COS, Research Data market research+ Table of Contents New Business 7 -c 41 of 156 TAB I: COVER LETTER/MANAGEMENT SUMMARY .............................. 2 TABII: BUSINESS PLAN .................................. ............................... 4 1. Proposed Contract Team ..................................................... ............................... 4 2. Organizational Structure ...................................................... ............................... 7 3. Timeline for Delivery of Each Task ....................................... ..............................7 4. Creative Ideas for Collecting Data, Interviewing Techniques, and ReportingDelivery ................................................................... ............................... 9 5. Processes /Procedures for Quality Control and Project Management ..............13 6. Project Approach .................................................................. .............................18 7. Detailed Scope of Work ...................................................... ............................... 21 Task 1a: Visitor Profile Study: Commercial Lodging (H /M /C /C) ... .............................21 Task ib: Visitor Impact Study: In -Home (V F /R) ......................... ............................... 29 Task 1c: Visitor Impact Study: Regional ( Day - Tripper) .................. .............................30 Task 2: Hotel Occupancy and Average Daily Rate Study .................. .............................31 Task3: Impact of Tourism Study .................................................... ............................... 33 Task 4. Inquiry Conversion Study ................................................... ............................... 36 Task 5: Focus Group Research ......................................................... ............................... 38 TABIII: COST OF SERVICES TO THE COUNTY ...... .............................40 Research Budget: Annual Pricing Model .............................. ............................... 40 a. Core Services ................................................................................... .............................40 b. Out of Pocket Fees ........................................................................... .............................41 c. Fee Schedule for Billing Special Projects ........................................ .............................41 TABIV: EXPERIENCE AND CAPACITY OF FIRM .. ............................... 42 1. RDS's Unique Qualifications ............................................. ............................... 42 2. Skills, Abilities, Expertise, and Availability of Staff Assigned to Study........... 44 a. Project Team ................................................................................. ............................... 44 b. Subcontractors .............................................................................. ............................... 45 3. RDS's Technical Capacities to Meet Scope of Services ........ .............................45 4. Financial Strength and Sufficient Credit ........................... ............................... 46 5. Tourism, Travel, and Hospitality Projects ........................ ............................... 46 6. Other Clients ...................................................................... ............................... 48 TAB V: SPECIALIZED EXPERTISE OF TEAM MEMBERS ....................... $0 i. R6sum6 of Proposed Account Manager ............................. ............................... 50 2. Experience Matrix ................................................................ .............................52 3. Leadership Team .................................................................. .............................52 AffiliatedAdvisors ............................................................................. ............................... 58 TABVI: REFERENCES ................................... ............................... 60 TABVII. ACCEPTANCE OF CONDITIONS ........... ............................... 61 TABVIII: REQUIRED FORM SUBMITTALS ........ ............................... 63 6 ao co a cg F N O C N LO O M L a: w rx 11 C S Research Data market research+ New Business 7 -c 42 of 156 I. Cover Letter /Management Summary P s 0 U M N O N O M P o Research Data ' market research+ Tab I: Cover Letter /Management Summary marcn zo, zvTh New Business 7 -c 43 of 156 February 1, 2016 Mr. Adam Northrup, Procurement Strategist Collier County Government Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 RE: RFP NUMBER: i6 -6563 Request for Proposal -- TDC Research Services Dear Mr. Northrup: Thank you very much for the opportunity to submit Research Data Services, Inc.'s (RDS) response to the Naples, Marco Island, Everglades Convention and Visitors Bureau's (CVB's) Request for Proposal for market research services [RFP #: 16- 65631. Our expertise, skill, and performance in providing marketing, economic, and statistical research services are well recognized in the tourism industry. Our team's experience brings unique credentials and talents to the tasks germane to the scope of _ the proposal. Preparing this RFP has been both interesting and challenging. We are E excited by the opportunity to develop the many new ideas and innovative research programs that the changing marketing needs of the Bureau will require in the years 4 to come. Our assignment is not just to report numbers, but to interpret them in the context of ao co how they can be used to leverage positive benefits for the County. RDS recommends continuation of Collier's core research projects and tasks because this foundation allows for long term tracking and comparisons and can identify trends with marketing potential for the destination. Without tracking, one can neither gauge the causes nor the magnitude of change. We are not, however, standing still. We continually refine and streamline our approaches to make the information as actionable and cost effective as possible. For all projects, every effort will be made to meet the Criteria for Advertising and N N Marketing Research promulgated by the Advertising Research Foundation and the ° American Marketing Association (AMA). RDS agrees to provide and perform all services in accordance with the generally accepted standards of professional and LO ethical research practices and codes of conduct established by CASRO and the AMA. w x IRQ o Research Data market research+ New Business 7 -c 44 of 156 To protect our clients' interests, all information we will develop or have furnished to us during our projects remains totally confidential and will be safeguarded in accordance with our established professional standards. RDS will perform all research services in- house. Although no subcontractors or sub - consultants will be used, RDS maintains relationships with numerous advisors whose expertise can be called upon as needed. Dr. Walter Klages, President of RDS, will direct the project, overseeing all aspects of research, and functioning as Executive -in- Charge. I trust that the following proposal fully addresses the scope and research objectives defined in your RFP. I hereby certify that if this proposal is selected, Research Data Services, Inc. will accept any awards offered by Collier County as a result of this RFP. Thank you again for your consideration. ._-- J�c.�Ytaa v TAT Walter J. K, Ph.D., Presiden Research Services, Inc. 777 South Harbour Island Boulevard, Suite 260 Tampa, Florida 33602 Phone: (813) 254 -2975 Fax: (813) 223 -2986 Email: WJKlages @KlagesGroup.com or Research @KlagesGroup.com a 4� a B ao a 0 U F N O N O LO M L 10 P. W CG 3 OIRDS' Research Data market research+ March New Business 7 -c 45 of 156 H. Business Plan IN THIS SECTION: • Proposed Contract Team • Organizational Structure • Timeline for Delivery of Each Task • Creative Ideas for Collecting Data, Interviewing Techniques, and Reporting Delivery • Processes /Procedures for Quality Control and Project Management • Project Approach • Detailed Scope of Work • Visitor Profile Study: Commercial Lodging (H /M /C /C) • Visitor Impact Study: In -Home (V F /R) • Visitor Impact Study: Regional (Day- Tripper) co a to • Hotel Occupancy and Average Daily Rate Study • Impact of Tourism Study • Inquiry Conversion Study N O • Focus Group Research co EM a w x • CC, RDS Research Data market research+ Tab II: Business Plan 1. Proposed Contract Team New Business 7 -c 46 of 156 Thirteen (13) Research Data Services professionals have been assigned to this project. Walter J. Klages, Ph.D., President of RDS will direct the project. The core team assigned to this project has successfully cooperated on RDS destination research projects for over two decades. RDS' contract team that will be assigned to the Naples, Marco Island, Everglades Convention and Visitors Bureau research includes: Walter J. Klages, Ph.D.: Since 1979, Dr. Walter Klages, President of RDS, has worked with a variety of clients providing the marketing intelligence needed to insure their bottom -line R.O.I. Dr. Klages has provided market research services to destinations and CVB's since he started RDS as a business. He brings comprehensive experience and vision to destination research services for the tourism industry. Dr. Klages has designed, executed, analyzed, and presented research results for over 30 years. His research experience covers a diversity of projects including branding, concept development, market positioning, and performance assessments. Dr. Klages has pioneered many of the "best practices" for destination market — research and visitor studies. He specializes in supporting CVB's in building successful marketing strategies, boosting destinations' R.O.I. performance, and increasing hotel occupancy and RevPAR. He will direct the Collier County project and function as Executive -in- Charge. Dr. Klages will oversee all aspects of research and be the primary point of contact for the $ CVB. a Claire Klages: Ms. Klages is Vice President of Qualitative Research Services. She will be in charge of focus group implementation for this project and will assume a project supervisory responsibilities. Ms. Klages has over twenty five years of moderating experience. She has conducted thousands of focus groups and in -depth interviews. She has completed extensive specialized training, including QRCA courses in `Qualitative Market Research' and H `Moderating Skills', as well as `hands on' training. Her work has run the gamut of o qualitative and quantitative techniques using a broad variety of innovative interview o methods. She delights in creating projective qualitative approaches that delve into o customers' and employees' thinking to uncover new and actionable insights, and is a — firm believer in integrating data from multiple sources to isolate and validate key LO insights and provide a holistic view. c; w x 11 o Research Data market research+ New Business 7 -c 47 of 156 Anne Wittine: Ms. Wittine will function as liaison between Bureau staff and RDS and will supervise research analysis. Ms. Wittine manages customer - focused intelligence, insight, and analytical solutions across all client engagements. She is responsible for the overall management of project deliverables, including quality assurance. Other responsibilities include increasing productivity and efficiency in the tabulation and report planning process, and supervising the coding department. She is involved in programming statistical tabulation software and database management. Andrea Johnston: Ms. Johnston functions as Research Manager at RDS. She is involved in the scheduling and management of the collection of primary and secondary data for our clients. She spearheads the production of client reports, compiling focus group results, data coding and analysis, supervision of the field- research team, questionnaire logic testing, and general data verification and editing. She will also be engaged in preparing presentations for the Bureau. Nicole Grates: Ms. Grates functions as Project Director at RDS. She has extensive experience in both qualitative and quantitative data analysis. She is involved in writing client reports and compiling focus group results. Ann F. Harrison: Ms. Harrison develops psychometric lifestyle models (regression /time series) and helps to produce RDS's long -term forecasts for our clients. She is responsible for developing interactive database management systems (using SPSS macros) for the manipulation of statistical data. Jazmine Rizzo: Ms. Rizzo is an analyst with RDS. She is involved in programming t; statistical tabulation software and database management. She has extensive experience with SPSS, WinCross, Access, and Excel. She is well versed in qualitative and quantitative methodologies including computer- assisted telephone interviewing, a face -to -face intercepts, and online panels. She is fluent in Spanish. Janet Home: Ms. Home is the Quality Supervisor for RDS. She joined RDS's team a in 1999 and brings to the table wide- ranging experiences in finance and business management. She is extremely accurate and detail oriented. She oversees the verification and validation of RDS's project data as well as being involved in the °q econometric forecasting and modeling for our clients. F Arlyse McDowell: Ms. McDowell is the Field Services Manager for RDS. She brings broad -based experience in counseling, teaching, and managing diverse groups o of children and adults of all ages and backgrounds. At RDS, she is involved in the o collection and management of primary and secondary data and the training and supervision of information takers. Ms. McDowell's experience and background Co makes her highly skilled at capturing the essence of consumers' motivations and opinions. a w x 5 March 28, 20 16 New Business 7 -c Ros Research Data market research+ 48 of 156 Lisa Terian: Ms. Terian is a Field Supervisor for RDS. She is involved in the collection of primary and secondary data and the supervision of data collection. Prior to joining RDS in 2014, Ms. Terian's broad based hospitality experience gave her significant insight into the tourism industry and guest relations. With RDS, she uses her strong team building and interpersonal skills to ensure the quality of our data collection efforts. Ms. Terian is a Collier resident. Michele Boone: Ms. Boone coordinates RDS's contacts with the tourism industry and collects primary occupancy, average daily rate, and related information. She joined RDS in 2012, bringing extensive experience in accounting, human resources, and customer service /outreach. Margot George: Ms. George has been a Visitor Profile Specialist with RDS since 2008. She collects primary visitor data. Ms. George has extensive experience in customer and public relations and loves talking to people. She speaks German. Rosie Pannone: Ms. Pannone is a Visitor Profile Specialist for RDS. She is involved in the collection of primary and secondary data. Ms. Pannone has been with RDS since 2001. She comes to us with extensive experience in the travel and hospitality industry. She loves the opportunity to talk to people and is very comfortable interacting with consumers from all walks of life. F C i 0 c, a a m m a oq F N N O N O CO U) ti a w 04 6 R Research Data market research+ 2. Organizational Structure New Business 7 -c 49 of 156 The following organizational structure for this project details the roles to be played by each member of the project team: Walter J. Klages, Ph.D. Executive -in- Charge 3. Timeline for Delivery of Each Task Task 1a: Visitor Profile Study: Commercial Lodging (/M /MICLCI RDS will complete 150 visitor profile surveys per month. On -site face -to -face interviews will be supplemented with Internet -based post - visitation surveys. The research results will be reported, including an executive summary, within 20 days of the close of the month. 0 +j c� O pM ed a m a� m 0 F N 0 N 0 Co M II CCIR D IS' Research Data market research+ New Business 7 -c 50 of 156 Task 1b: Visitor Impact Study: In -Home (V FIR) RDS will complete 384 internet -based in -home surveys annually. The research results will be reported in conjunction with the Impact of Tourism study in June. Task 1c: Visitor Impact Study: Regional (Day- Tripper). RDS will complete 384 internet -based day- tripper surveys annually. The results of the day - tripper research will be reported in June in conjunction with the findings of the Impact of Tourism study. Task 2: Hotel Occupancy and Average Daily Rate Study The relevant monthly summary statistics will be provided to the CVB within 20 days of the close of the reporting month. Reports will include an estimate of the total number of visitors and their expenditures, as well as year -to -date summaries. Seasonal and annual summary reports will also be prepared. Tracking comparisons with other destinations will be provided to the extent possible. Task 3: Impact of Tourism Study RDS will provide an annual value of tourism report with an executive summary to be delivered in the month of June. Additionally, preliminary value of tourism statistics will be provided at the beginning of March to coincide with Tourism Week. Task 4: Inquiry Conversion Study RDS will provide an annual report with an executive summary. The conversion report will be delivered in July to provide input to formulating strategic marketing plans. Additionally, RDS will provide quarterly impact briefs in response to specific advertising and promotional campaigns. Task 5: Focus Group Research Focus groups will be conducted on an as needed basis. The typical top line contact report for the session will include an executive summary of the findings and both audio and video recordings of the group. It will be delivered within 7 to io working days of completion of the group session(s). F U CC W 0 A 0 w U c B F M c cc a c as .n H N O C N LO O M L ra w CCRDS Research Data market research+ New Business 7 -c 51 of 156 4. Creative Ideas for Collecting Data, Interviewing Techniques, and Reporting Delivery Although we recommend continuing the basic foundational research program, the world is not static and the destination's markets do not stand still. The current economic environment mandates doing things differently: Harnessing the Power of Many better, faster, and cheaper. Customers today are taking increasing control over their consumer experiences. They are empowered, savvy, and embrace changing technologies. They increasingly rely on what other people say about a product or service in lieu of a company's messages to make decisions and form opinions. Social networking and consumer generated media (CGM), like Facebook, Twitter, and YouTube, etc., offer valuable market information by tapping into consumers' perceptions about the destination. Monitoring these media permits us to go where our clients' audiences are and to communicate with them on their own terms. RDS has identified these communication trends, is tracking them, and is using them to our clients' benefit. Over the past three years, we have developed and implemented innovative modes of reaching consumers and integrating findings into strategic recommendations. For example: C Internet Video Dialogs (IDI's): Because of the global connectivity of the Internet, we can now initiate in- depth, face -to -face, virtual dialogs with consumers (Webview TM). As a result, we are cost effectively organizing focus group -like discussions with people who share similar interests and experiences across geographic borders almost instantaneously. These IDI's are rich in texture and give deep insights into how motivations are translated into action. We have applied this opportunity by developing on -going dialogs with: • Leisure visitors • Meeting planners • Sports and event organizers • Industry stakeholders • Community leaders We have successfully used this technique for in -depth promotional concept testing, R.O.I. analysis, and branding strategy input. A A a 00 F N O N O co LO ti b: w x 9 6 S Research Data market research+ New Business 7 -c 52 of 156 C Panel Communities: Over the years, RDS's panels have grown in size and now include better than 200,00o qualified traveler contacts (PanelTraC TI) . The objective of our panel research is to gauge the effectiveness of promotional strategies and to detail market opportunities. A specific application of our panel research is to assess impacts of events such as hurricanes, wildfires, economic cycles, transportation disruptions, etc. Through our panels, RDS can act quickly in the wake of an event. We have fielded hurricane impact panels within a day of landfall and a series of oil spill perception panels starting within a week of the disaster. C Mobile (SMS and Online) Research: The ubiquity of mobile technology and smartphones offers new marketing and research opportunities. A principal reason for using mobile platforms is their convenience to respondents. Mobile phones are user friendly, with text messaging and web capabilities commonplace. Mobile phones offer: • Access to people and remote locations that are otherwise unreachable; • Near real -time responses; • The ability to react quickly to feedback. Our mobile phone application provides enriched insights, including in -the- moment feedback, photographs, and geolocation. A key advantage of using the application is that consumers can provide opinions and attitudes quickly, particularly at the point of experience. Mobile research represents a way to supplement other research and consumer communication channels. RDS is now applying this new technology. Our mobile research application enables us to spot trends, capture human behavior as it occurs, and build a community of consumers who actively share their experiences in real time from their mobile phones. Consumers share experiences through snippets, a series of Twitter -like photos that are time and location coded. Through this research platform, we can monitor real time experiences and what inspires and motivates travelers. We are using this technique extensively at events, trade shows, etc. V A. a oa F N O N O M L LO a 27 A 10 Cs Research Data market research+ Perceived Benefits of Mobile Research Convenience for participants Improved participation rate Closer to the 'moment of truth' Reaches more of the population Faster turnaround time Capture geolocational data Accuracy of data collected Reduced cost More personal New Business 7 -c 53 of 156 0% 10% 20% 30% 40% 50% 60% 70% C Social Media /Networking: Social media have caused a fundamental shift in the way people communicate and collaborate. 11 Similar to mobile applications, social networking sites such as Facebook, LinkedIn, Twitter, and YouTube offer new opportunities to connect with and gather information from vast communities of consumers. The power of social networks gives access to consumers that are not reachable via offline methods. It provides the opportunity to expand the reach of research through the viral nature of social media interactions. For example, Twitter provides opportunities to F place an open call to a large group of people to obtain research reactions and — input. We have successfully recruited highly targeted survey participants by placing N O o announcements on Facebook and LinkedIn and we will continue to explore the applications of such vehicles in gathering market intelligence for our clients. M LO a: w 11 �C�D Research Data market research+ l iwarcn co, cu 10 New Business 7 -c 54 of 156 Value of Tourism: Tourism is one of Collier County's most significant industries. Every County resident benefits from visitor activity. Tourism spending creates jobs, enriches payrolls, supports the County's infrastructure, and eases residents' tax burdens. It has financial and fiscal benefits and diversifies the quality of life, lifestyle, and amenities available to residents. Unfortunately, the impacts of tourism are not always visible to the CVB's constituencies. Consequently, RDS pioneered Value of Tourism reporting to document the real impacts of visitor expenditures on the daily lives of Collier County residents. Our on -going objective is to streamline the message and put the benefits in perspective for CVB audiences. For example: • We have structured our reporting to include what tourism means each day in terms of jobs, pay checks, tax revenues, and R.O.I. • We have focused our fiscal We have structured our reporting to include what tourism means each day in terms of jobs, pay checks, tax revenues, and R.O.I. impact reports to not just address what visitors pay in taxes, but equally what benefits flow back to the County. We conduct and record Internet -based web dialogs. Our clients can see and hear in real -time what their customers are saying in their own words (video «snippets" ). Our face -to -face information taking has been computerized, allowing us to record detailed open ends and present them in various ways to capture the most prevalent images in visitors' minds about the destination: A. a o°a F N O N O co a; w x 12 (RDS Research Data market research+ New Business 7 -c 55 of 156 Consumers say the Naples, Marco Island, Everglades Area is: bD p,axadiovw ajcl� 9� lots . V004 laudback ={ U ,; X.M j� t ' y comfombk ` - — { tvactioon fantastic upscal 4P .Iti u v 0 .-4 We incorporate promotional images (both print and video) into our face -to- face survey process to field test the traction and conversion effects of advertising campaigns. C R.O.I. Analysis: The detailed economic and demographic information provided by the U.S. Census can be used to telescope target marketing efforts and the assessment of market opportunities. Integrating census statistics permits highly precise impact estimates that quantitatively focus on the R.O.I. of the CVB's efforts. S. Processes /Procedures for Quality Control and Project Management Our professional research function is to provide actionable marketing recommendations to our clients. Hence, we are keenly aware that the quality of the research information we provide affects the objectiveness and success of our client's decision - making. Data integrity and quality is RDS's primary concern. To this end, we have established a set of strict quality control procedures to ensure the precision and representativeness of our data and statistics. The planning and management of this research project is crucial to its success. Our responsibility will be the development of a clear and effective management structure defining what is to be achieved and how it is to be achieved. The critical common elements to meet the objectives of this project are: C Communication; C Knowledge; C Skills; t: Commitment; C Efficiency; C. Effectiveness. a rA a oa F N O N O M a w x 13 o Research Data :' market research+ New Business 7 -c 56 of 156 We will apply an interdisciplinary team approach to manage this research project. Our team is composed of professionals having all the necessary skills, training, and experience to plan and implement the project. RDS's team, led by Walter J. Klages, Ph.D., will employ the following steps in developing our plan for this project: C Develop, design, implement, and evaluate activity plans, schedules, estimates of resource requirements for each component or phase of the project; Review all component plans, identifying inputs and outputs and interrelationships and dependencies; C Establish links and consistency checks within and between components; C Assign responsibilities and project tasks; Track project cost against budget estimates; Co Co Prepare major milestones and overall schedule; v o C Formalize reference dates, the data collection schedule, and budget and resource a requirements; c C Prepare final research plan; Implement on -going review and revision of schedules and assignments as Al required. d w Monitoring and controlling is the management function of being informed and reacting to any problems to keep the project progressing according to plan. RDS's project team will assure that the resources assigned to the project are available and a are used efficiently and effectively. The core team will make certain that survey plans are properly implemented and that any other necessary corrections and adjustments are made. The project manager will issue instructions and assignments and ensure a that they are followed, set performance standards, and follow -up with team members L6 regarding completion of tasks and adherence to schedules. Monitoring is implemented through regular weekly team meetings, discussion, day- rn to -day contact with project professionals, and through the use of plans and a variety of management information reports. Resource utilization, expenditures, and g' progress will be tracked and reported. Each team member regularly submits written or verbal reports detailing project progress for their portion of the assignment. .a H Operational data such as response rates, interviewer completion rates, follow -up rates, task completion, production reports, and quality control will be reported and N reviewed. Additionally, any unusual findings will be discussed so that critical N changes and emerging trends can be communicated to the client expeditiously. We use Milestones and Microsoft Project software to organize, track, and PERT Co LO project schedules and completion. a: w x 14 s Research Data market research+ Definition of the Population /Sample Selection iwarcn za, zu i o New Business 7 -c 57 of 156 One of the first and most critical steps in designing a survey is to identify the target population or universe. The target population consists of all elements whose characteristics or perceptions the survey is intended to represent. The definition of the relevant population is crucial because there may be systematic differences in the responses of members of the population and non - members. Once the target population is defined, it establish( the universe from which the sampling frame is actually \ drawn. RDS carefully defines the relevant population and sampling frame for each study. Determination of the size of the sample is based on generally accepted Quality, Actionable Market statistical procedures. Research Findings Questionnaire Design I Applying 30 years of experience with Florida tourism, we have formulated an extensive body of relevant methodologies and research instruments. Before any survey is implemented, our clients always have the opportunity to review and approve the questionnaire and research design. Once the survey is approved, pretest interviews are conducted to test the questionnaire wording and flow, as well as respondent comprehension and fatigue. In a pretest, the proposed survey is administered to a small sample (usually between thirty and fifty) of the same type of respondents who would be eligible to participate in the full -scale survey. The interviewers observe the respondents for any difficulties they may have with the questions and probe for the source of any such difficulties so the questions may be rephrased. Any problems identified during the pretest interviews are reviewed and, to the extent necessary, questionnaire revisions are undertaken in consultation with our clients. This type of pretest work frequently improves the quality of the survey significantly. a a� q oa F N 0 N 0 Co LO a w x 15 CCRD� Research Data market research+ New Business 7 -c 58 of 156 Information Taker Training A properly defined population or universe, a representative sample, and clear and precise questions can be depended on to produce trustworthy survey results only if sound interview procedures are followed by competent interviewers. RDS emphasizes interviewer training for every project. We recruit our interviewers very carefully. Our surveyors undergo strict and in- depth training in proper survey techniques and principles. Surveyors are given extra training that pertains to the requirements of the specific questionnaire they will be administering, including execution of simulated surveys. Care is taken to make sure they have a thorough understanding of the purpose of the project, how to approach — respondents, how to take a random sample, and how to complete the survey form. Interviewers additionally receive instruction on when to use probes and what to say. a In the case of telephone surveys, randomly selected interviews are monitored by supervisors. In the case of face -to -face surveys, in -field supervision and re- training is implemented on an on -going basis. A random sample of the completed surveys are a. verified by re- contacting the respondents. Additionally, the work completed by each individual information taker is compared for response patterns or inconsistencies that merit retraining. tg Survey Execution a Quality control measures for the actual fielding of the survey instrument include: w C The surveyor must strictly follow the structure of the questionnaire. 0 C To avoid bias when conducting the survey, the surveyor must not provide any C suggestions /subjective explanation or change the phrasing of the questions. C The surveyor must promptly report his /her progress and any problems encountered so that their supervisors can provide them with assistance. L6 C Surveyors have to submit their information within the designated period. The surveyors are not given their next assignment until the Quality Control department has checked and validated their questionnaires. N C Routine meetings are held to discuss project progress. a C Our clients are always updated regarding the project's progress. H The project manager has the responsibility of making sure that the project progresses CA as planned and is responsible for taking action to correct any problems that affect the progress or quality of the project. 0 L LO Z A, w 04 16 CCRDs Research Data market research+ Data Processing New Business 7 -c 59 of 156 The majority of our face -to -face and telephone data is collected via computer - assisted telephone or personal interviewing (CATI or CAPI). The logical skip patterns and parameters of each survey are programmed in to ensure accuracy and completeness. This facilitates the survey process and greatly improves the quality of the data. Since the interviewers record the respondents answers directly into the computer, this process eliminates data entry and the potential errors associated with it. For those cases where computer- assisted interviewing is not possible, we use scannable survey forms. RDS employs a full page optical mark and optical character — + (OMR and OCR) scanner and software. Our data processing scanning procedure 4) includes a verification loop where potentially unclear marks or characters are S reviewed and corrected as the dataset is created. Questionnaire Verification a For verification, the Quality Control department checks for completeness, reliability, accuracy, and inconsistencies. Questionnaires with incomplete or inconsistent answers are filtered out. To assess the impact of non - response to a particular c question, we analyze the differences between those who answered and those who did U not answer. Procedures to address the problem of missing data include re- contacting respondents to obtain missing answers (if possible) and using the respondent's other a answers to predict the missing response. The Quality Control department also analyzes and categorizes any open -ended responses. All coding frames are reviewed b and approved by project managers. A random sample of coded responses are o reviewed and verified. Report Verification a The results of all key statistical analyses and conclusions drawn from research are reviewed by an RDS analyst not directly involved with a given project. As part of our quality assurance service, all reports that are submitted to our clients go through our panels of project managers, experts, and senior consultants. The process includes verification of language, data, and content of the reports to ensure that our clients N receive the highest quality. Client Communication It is RDS's commitment to keep our clients in the loop every step of the way. From o developing survey instruments and focus group protocols to sharing critical industry o publications and trends, we proactively inform and collaborate with our clients. All — design, sampling, and questionnaire changes and revisions will always be undertaken LO in consultation with CVB representatives. a; w x 17 o Research Data market research+ New Business 7 -c 60 of 156 We realize the importance of being part of the Collier team and will coordinate closely with CVB staff, marketing vendors, and stakeholders. The firm's principals will be available for consultation and to advise on all matters pertaining to market trends and research. When there is something you need to know, contact us. You can be assured of a prompt response to your question. The results of all of the research RDS implements on behalf of the CVB will be prepared as written and /or audio - visual presentations of major findings. When appropriate, these reports will include an executive summary with detailed strategic and tactical recommendations. Additionally, a summary of the research methodology, sample composition, and sample sizes will also be included. RDS typically provides reports as PDF documents for ease of communications, but also offers Microsoft Word, Excel, and PowerPoint files to meet our clients' information needs. We stand ready to mine the database to answer questions, profile micro markets, or to provide greater insight as needed. 6. Project Approach What has traditionally drawn both leisure and group visitors to the Naples, Marco Island, Everglades area are its award - winning world -class beaches, natural environment, relaxed atmosphere, quality accommodations and dining options, as well as the many cultural and entertainment venues available to guests. Collier's tourism industry has achieved impressive growth. Yet, for continued growth, Collier must successfully differentiate itself according to the brand that customers hold in their minds. The success of the Naples, Marco Growth is not guaranteed. Island, Everglades area in growing its share of Growth is earned. Florida's tourism is the result of the industry's sustained, proactive, and targeted marketing efforts. Collier County is coping with: C Exogenous events such as the economic uncertainty, potential hurricanes, gas prices, etc. C Aggressive competition from other beach destinations in Florida and around the world; C The need for intelligent, forward looking strategic branding to diversify the pursuit of market opportunities and drive future growth; C Constrained budgets; U CO 0 a da U d .O a a y N oa F N O N Ln O L a CCRDS Research Data market research+ New Business 7 -c 61 of 156 4 Preservation of its fragile natural resource base -- the mainspring of the area's unique beauty; C Safeguarding the destination's quality of life -- the lifestyle that attracts visitors; C On -going changes in the demographics of its visitor segments. Clearly, it is critical for the destination to have a clear assessment of. C Who their market is; C Where their audience is located; C What their customers are thinking; C What messages and information are needed to stimulate an interest in visiting the area. Destinations' efforts are also impacted by the on -going revolution in how people communicate and get information and Collier is as the forefront of the shift from traditional communication vehicles to new media channels. Across socio- economic boundaries, Web 2.o has connected what used to be spatially isolated groups into markets of common interests, preferences, and motivations. It has created global word -of -mouth effects that are viral and nearly instantaneous. People now interact with markets in new ways that reinforce and strengthen brand perceptions. Traditional modes of marketing geographically are yielding to a growing emphasis on targeting special interest micro markets. New and interactive communication channels allow for highly targeted promotion of destination attributes to diverse sets of consumers, each drawn by specific benefits. From a research perspective, it is critical to identify special interest markets, determine their size and potential economic benefit (R.O.I.), as well as exploit commonalities that link consumers' motivational interests with destination attributes. In today's competitive environment, destinations must leverage their branding to heighten awareness, support perceptions of quality, establish emotional links with their customers, and differentiate themselves from their competitors. To be successful, these efforts must be guided and tracked by clear, Ir effective, and actionable research. The destination can then fashion The destination can then fashion messages that optimally communicate, messages that optimally inform, enhance, and transform latent communicate, inform, enhance, and I into effective demand. transform latent into effective demand. % so M 0 a da v 'o w a a .a as F N 0 N O M a w 19 C Ds Research Data market research+ New Business 7 -c 62 of 156 The CVB and the TDC are seeking a market research provider with extensive experience in the development and implementation of integrated destination market research. As market realities change, RDS will continue to calibrate Collier's research program, focusing on the current needs and challenges of the County's tourism industry. RDS is recommending the following core research program for Collier County: Please see Tab II, Section 7: Detailed Scope of Work, Pages 21 - 39 in this proposal for specific details of RDS's methodological approach to each project task. 0 a 'o^ a P. LO a� .S oa .a F N O N O M L pTo x 20 Number of Task # Task Description Surveys Methodology Page la Visitor Profile Study 15o /month In person, face -to -face and 21 Commercial Lodging post visitation surveys (H /M /C /C) ib In -Home (V F /R) 384 /year Internet with telephone 29 control group is Regional (Day- Tripper) 384 /year Internet with telephone 30 control group 2 Hotel Occupancy and 8o /month Internet /email, fax, 31 Average Daily Rate Study telephone, and /or in- person 3 Impact of Tourism Study Not a separate Part of visitor profile and 33 survey task occupancy research 4 Inquiry Conversion Study 384 /biannually Internet with telephone 36 control group 5 Focus Group Research 8-10 Internet and telephone 38 respondents/ group Please see Tab II, Section 7: Detailed Scope of Work, Pages 21 - 39 in this proposal for specific details of RDS's methodological approach to each project task. 0 a 'o^ a P. LO a� .S oa .a F N O N O M L pTo x 20 s Research Data market research+ 7. Detailed Scope of Work New Business 7 -c 63 of 156 Task 1a: Visitor Profile Study: Commercial Lodging (H /M /C /C) The Commercial Lodging Visitor Profile study that we are proposing will be undertaken as a multistage stratified random sample in- person survey with overnight visitors. The need to apply multistage sampling for this study is based on the fact that different segments of Collier's lodging plant have their own unique characteristics and visitor attractors. These segments or clusters must therefore be represented in both the sample and the Countywide profile information relative to their weights in the total population of lodgings. For this study, our sampling procedure involves, on the first level, a segmentation of the inventory of lodging properties located in specific nwM. .` WIMP 4 ;. geographic areas of the County. For this project, we propose three broad geographic segmentations: Naples, Marco Island, and the Everglades. The sample will further be stratified in proportion to: e The incidence of the type of establishments (i.e., hotel, motel, condominium, vacation rental, bed and breakfast, campground, etc.); The size of the lodging facility (number of units in the rental pool); C Classification of establishment (resort, beachside, urban, etc.). The purpose of this stratified sampling process is to ascertain that each industry segment is represented by an appropriate and valid sample size in order to analyze it both separately and as a part of the relevant working population. The working population must be representative of the general population, that is, the universe of Collier County visitors to which the study's findings can be generalized. Under no circumstances can QUO TA sampling be applied to this study because it would destroy the representativeness and projectability of the research effort which requires RANDOM sampling. Our sampling frame is developed based on Collier County's inventory listing of lodging U U x a b U 0 a ti 0 5 H 3 w 0 b a a y a� a F N 0 N 0 L LO P. w x 41 QCD S Research Data market research+ New Business 7 -c 64 of 156 facilities that house visitors and collect resort taxes. Structured around a core of "key driver" properties mandated by their size and significance to the Collier's tourism industry, the survey access points for this study are dynamic and drawn randomly from this inventory list on a monthly basis. This approach is critical because the flow of visitors changes in response to seasonality, special events, changes in inventory, etc. In our experience, to provide monthly profile statistics for Collier tourism, representative of all specified visitor segments, mandates a multistage stratified random sample of approximately 150 completed visitor surveys per month. Surveying will be undertaken at licensed commercial lodging establishments, attractions and events, public beaches, parks, piers, trolley stops, and the Southwest Florida International Airport (RSW). At the point of survey, a random selection procedure is used to identify the visitors Respondents must not have preciously been interviewed in to be interviewed. Collier County and only one We recommend continuing this research I interview can be taken from any task with face -to -face in- person given visitor party. interviews as the backbone of our visitor profile data collection. In our professional opinion, face -to -face interviews are the most reliable method of data collection for this part of the research effort where exploring attitudes and motivations are of primary concern. Some of the main advantages of this method are: C Provides a True Cross - Section of All Visitor Segments —By surveying visitors while they are in the destination, we have access to (and our sample includes): leisure, business, and meetings visitors; first time and repeat visitors; visitors from all of the destination's origin markets; and visitors staying in all types of accommodations. C Ability to Prescreen /Qualify Respondents — Interviewers are instructed to make certain that the respondent is actually an out -of- county overnight visitor and to specify in which commercial lodging they are staying. Respondents must not have previously been interviewed in Collier County and only one interview can be taken from any given visitor party. C High Response Rate — Non - response bias can be minimized through judicious interviewer selection and intensive training and supervision. C Access to Hard -to -Reach Populations — Certain groups such as meeting or business travelers are difficult to reach by any other method while maintaining the randomness of the survey process. U U x b 0 a 0 y c0 F 0 3 0 d A a c as F N 0 N O M L Ln a w x 22 R s Research Data market research+ marm zu, z i n New Business 7 -c 65 of 156 C- Comprehensiveness — Information takers can probe for more detail. C Behavior Monitoring — Respondent behavior can be observed during the survey process. 4r Supervision — In- person interviews also provide opportunities for direct supervision of the information takers. e Interaction Between Interviewer and Respondent - Interviewers can also explain detailed instructions to the respondent. C Opportunity to Test Promotional Content (Web, Print, and Video) - Interviewers can expose respondents to advertising materials in the course of the interview, offering a unique opportunity to obtain real -time consumer input. To maximize the efficiency and cost effectiveness of data collection, survey responses will be recorded on handheld tablet computers. The computerized questionnaire facilitates rapid revisions to the survey instrument as new issues arise. It provides monitoring opportunities and greatly enhances the speed -to- market of our findings. 440 — I(7 00 0 131veX I6l1 '4'V,I A I C.- 6 W 676 2015 - 16 Naples, Marco Island, Everglades Visitor Survey 1. Home zip code? (If not U.S. resident, please enter 0.) (If foreign visitor) Where do you reside year- round? OCanada O E—pe OCentral/South America J, n U U x a 0 0 V 0 a 44 y H 3 0 0 U U d iu A a U1 oq F N LO O N O M L i F, fs, 23 o ; Research Data market research+ New Business 7 -c 66 of 156 Face -to -face interviewing provides a real -time snapshot of visitors' experiences during their trip. To further debrief visitors on the full range of their experiences, the face -to -face profile research will be supplemented by post visitation Web surveys. The Internet research will: C Enhance the density plot of visitor ZIP codes to further define Collier's markets; ( Expand the coverage of profile surveys, facilitate micro market definition, and reduce the cost of data gathering; C Afford the opportunity to follow up with business, meeting, and event travelers x who might otherwise be too busy to complete the survey in- person in the destination; b L Validate the face -to -face survey information; Provide important after -visit expenditure and budget information; Provide a further gauge of visitors' experiences, their satisfaction with the destination, and impressions of how well it fulfilled their expectations. o Internet surveying will be implemented by relying on an external database generated a o from visitors' emails. The design and sample stratification of our study will deliver detailed, precise, valid, i and statistically representative data for Collier's tourism industry. The sample's parameters assure inclusion and coverage for all geographic areas of the County, different types and sizes of accommodations, as well as a valid cross - section of 3 visitors to the area. w ° Our proposed monthly sample of 150 surveys ensures valid representation of the 0 Naples, Marco Island, Everglades area's principal macro and micro visitor markets in the database. A sample of this size provides the strategic leverage necessary to ca permit sub - tabulations profiling selected visitor subsets and special interest micro markets on a seasonal and annual basis. In practice, at the professionally recommended confidence level of 95 %, the precision and validity of the profile's statistical estimates is assured. To ensure the representativeness of the Visitor rn 0 Profile data, surveying must be undertaken year -round across different day, week, rh and month parts. The administration of a typical survey involves approximately 5 - io minutes and a H addresses the following key concepts. Using same period /previous year comparisons, our monthly, seasonal (high, low, and shoulder), and annual reports N and presentations will detail, among other variables: N 0 C The number of visitors staying in commercial lodgings, the related direct expenditures and economic impact, lodging occupancy, average daily rates o (ADR), and revenue per available room (RevPAR); a-a w x 24 iviaicn co, cu iv o Research Data New Business 7 -c r market research+ 67 of 156 C Visitor origin numerosity by region, C Transportation modes including airports of deplanement; C Motivations and purpose of trip, including leisure, individual business, and meeting /conference travel; C Incidence of first time visitation; C Competing Florida destinations considered; C Information used in planning visits to Collier; C Reliance on and usage of the Internet for travel information and /or booking including use of Collier's website. We will also include URL's used to get information and to book travel. Additionally, we will query about respondents' involvement with social media /networking sites and smartphone use; Length of stay, parry size, and party composition; Satisfaction with trip, word -of -mouth recommendation, and likelihood of SNAPSHOT repeat visit; Activities enjoyed in the area, including The Commercial Lodging the Everglades, water tourism, culture, Visitor Profile Research is sporting events, etc.; designed to: Average age, age distribution, C Expand grainage of Internet household income, and occupation data; categories; C Provide routine data reports C for special tourism micro Party budgets by major expenditure markets; categories, including prepaid expenses. Utilize a computerized in- The proposed approach provides more person survey process that accurate and complete estimates of provides added flexibility spending because expenditures are and "speed -to- market "; itemized within major budget c Include executive summaries, categories to aid respondent recall. methodological statements, Budgets will be further validated by details of sample post visitation responses; composition, and sample C Exposure to the area's promotional sizes for all reports. messages and their impact on destination visitation; C Influential motivators that attract visitors to the Naples, Marco Island, Everglades area; Primary international origin markets of interest; U U x b U f-i 8 a U bT 0 a 0 F 3 0 A a o� 4 F N O N LO O M L a w c� 25 "ROS Research Data New Business market research+ 68 of 1556 6 C Visitor generated input reflecting the destination's brand image (open ended o survey will also be analyzed. destination attributes); We will query about I 0 C Tourism industry employment statistics respondents' involvement with interests, needs, and motivations that drive visitors to the destination. The Internet within Collier County; social media /networking sites media are arguably one of the fastest growing modes of communication and their and smartphone use. Third party reports for economic trends, competitive destination information, and group /meeting impacts. x Preliminary monthly Visitor Profile reports will be issued by the 201b of the following month and the key results of the on -going Visitor Profile research will be reported on a monthly basis at scheduled TDC meetings. These reports will be prepared as both written and audio - visual presentations of major findings and will include an executive summary with detailed strategic and tactical recommendations. A 0 summary of the research methodology, sample composition, and sample sizes will also be included. b Additionally, key market variable profiles (i.e., fly vs. drive, first time vs. repeat, a Floridian vs. Out -of- State, United Kingdom, Continental European, Canadian, Latin o America, etc.) can also be prepared. y Given that the Naples, Marco Island, Everglades area must promote and N communicate toward dynamically changing markets, point -of- origin and consumer motivation data are of prime importance to the successful targeting of Collier tourism. They define the geographic markets and consumer segments from which 3 the destination draws its domestic and international leisure, business, conference, r.. and convention visitors. 8 Identifying market opportunities for concentrated targeting efforts requires a visitor rA segmentation program that precisely defines the origins of visitors and potential A visitors. On the first level, the visitation origin study will be developed from the Visitor Profile survey dataset. The profile information provides data on ZIP codes, cities, MSA's, states, and home regions of U.S. visitors. For foreign visitors (Canada, a Europe, and Latin America), the origin data are collected by city, country, and airport W of enplanement. The utility of the visitor origin study will be further augmented by correlating the a profile data with the ZIP code information derived from CVB inquiries. This allows H the monitoring of the impact of promotional and advertising programs in key markets. Visitor origin data provided by property managers in the Occupancy o survey will also be analyzed. N 0 Importantly, RDS's Visitation Trend analysis will also focus on the changing special interests, needs, and motivations that drive visitors to the destination. The Internet LO has and is empowering consumers. Social networking and consumer generated media are arguably one of the fastest growing modes of communication and their 07 �C�RD Research Data market research+ New Business 7 -c 69 of 156 popularity is permitting individual consumers to interact with and influence other stakeholders. Consumers are increasingly inclined to seek out others like themselves, creating new markets and market opportunities. The challenge is to combine in -depth knowledge of peoples' aspirations, wants, desires, and shared experiences with rigorous quantification of opportunities to maximize the destination's penetration of markets. The demographic fabric of the U.S. population dramatically changed when Baby U Boomers emerged as a primary travel market segment. Today, the next generation, Millennials, are coming to the forefront. Hence, the parameters, motivations, wants, x and needs that drive their visitation are changing. b RDS's forward - looking strategic thinking will focus on dynamic changes in the destination's visitor segmentation. We will analyze and report on emergent markets like minority travelers and developing international targets including South and Central America, etc. a The documented percentages of visitors traveling to the Naples, Marco Island, con Everglades area by regions, key MSA's, and emerging motivational interest market o niches are used to estimate the total number of visitors attracted from these a 0 segments. We will initiate time series analysis of this data to isolate trends that y highlight emerging markets and markets with significant potential for the Zi destination. F Collier's visitor origins, o t ! o by regions as well as by ` 2 t 10 3 major MSA's, states, 11 to 15 w T.- foreign countries, and 18 to 40 0 documentable trends in consumer interests and,.-�� _ motivations will be w �� reported on a monthly,"_ seasonal, and annual' basis in tandem with .+' the Visitor Profile c� reports. Additionally, data will be mapped to show significant geographic origin clusters and nesting. RDS will also take the defined geographic and motivational segments and leverage them F with expenditure data to document the economic impact of these groups. The utility of the Visitor Trend Research can be increased by correlating visitor origin o clusters with cutting -edge demographic and socio- economic U.S. Census data and o other secondary data sources to gain further insight into market potential and to CO isolate the micro cluster opportunity markets that promise the highest return on LO investment for the CVB. This will identify markets of opportunity, facilitate the development of a dynamic visitor targeting strategy, and permit analysis of the draw w x 27 �CRDS Research Data market research+ New Business 7 -c 70 of 156 competitive destinations have on the area's existing customer base. Additionally, RDS will validate our databases against normative data, such as Visit Florida's Visa database, to identify opportunity gaps. Every effort has been made in our response to this RFP to suggest strategies to expand the impact of each research study while allowing for the most effective measurement and data collection possible within the available budget and to maximize the usage of data across various studies. The Commercial Lodging Visitor Profile is the most labor intensive part of the research program. Our innovative application of computer- assisted interviewing has controlled the cost of data collection and processing for this research task. Computer applications accelerate our speed -to- market in order to provide this information to decision makers more quickly and efficiently. The flexibility of our interviewing process allows us to repurpose this study on demand to address specific research problems or needs as they arise (such as the oil spill, gas prices, storms, etc.) The most significant repurposing of the Commercial Lodging Visitor Profile Research lies in our ability to use the database to drill deeper into the motivational equity set that drives specific visitor groups to the destination. Data mining is the background against which specific marketing initiatives can be undertaken by the CVB. Analytical examples include: CC First time visitors; C Explorers who visit multiple destinations on their trip; C Visitors enjoying the area's culture; C Eco and nature tourists, kayakers, bird watchers, etc.; C People in the area for a special occasion /event (i.e., weddings, reunions, etc.); C Visitors by transportation modes; C Attractions users; C Visitors traveling with (or without) children; C Floridian, Canadian, United Kingdom, Central European, or Latin American visitors; C, Business travelers; C, Convention /conference /meeting delegates; C, Visitors attracted to the area by sporting events /facilities; Internet users, people who have used the CVB website, online bookers, etc. U U x s U 0 U a 0 F 0 3 46 0 b d a a. a oa F N 0 N O M p Mil elrR < Research Data ' market research+ rviaicn co, w iv New Business 7 -c 71 of 156 For 2o16, we will flexibly adapt our information gathering procedures. We will expand the use of mobile technologies, social networking, and the Internet to improve our access to visitors and potential visitors, accelerate the speed of data collection, effect greater cost efficiencies, and leverage the utility of our research for our clients. Task 1b: Visitor Impact Study: In -Home (V F /R) In -Home visitors have significant economic and fiscal impact on the County. Through their expenditures, they contribute to County ad valorem tax revenues. Moreover, In -Home visitors are frequently in the County for the first time and have a a high likelihood to return. Their experiences in the destination are also an important source of word -of -mouth recommendations further accelerating visitation to the o destination. Description and quantification of this visitor segment is an important x element of describing Collier tourism and a leading indicator of future visitation. The In -Home Visitor Profile will be developed by means of a systematic random a sample Internet survey of Collier County households, with a telephone -based control group. Some 384 households will be contacted annually to determine what o proportion lodge vacationing visitors. We maintain an up -to -date listing of Collier County email addresses from a highly reputable national sampling company. This sampling procedure provides the most H current, inclusive universe of Collier County households available. The systematic ti sampling methodology ensures that participating households are not resurveyed. At the 95% level of confidence, a sample of 384 surveys will yield survey results with a standard error not exceeding ±5%. 8 The In -Home inquires about the presence of out -of -town visitors in the home during the month, their origin, party size, length of stay, modes of transportation, and A related information. The incidence of households with visitors and the average visitors per household 9, from this survey will be correlated with U.S. Census statistics for Collier County to generate an estimate of the number of people staying with friends and relatives each quarter. The results of the In -Home (V F /R) research will be reported in tandem with the 4 Commercial Lodging Visitor Profile data as part of the annual Value of Tourism H report. N Our reports and presentations will detail: N 0 The number of visitors staying with friends and relatives in Collier County; M LO L Estimated expenditures; In -Home visitor's economic impact on Collier County. P4 29 Ividlul LO, GV ID CCRDS Research Data New Business 7 -c market research+ 72 of 156 Task 1c: Visitor Impact Study: Regional (Day- Tripper) Throughout a typical year, � , ^ -. Collier County attracts visitors A�Im BesU wow.• o Fon Myen from a regional area within an '� # ' Hua «u:..n« O so "'• C" COX approximately 50 mile radius of,u ony o° °"' the destination. Such visitors p°'"p"" " .. Gaa1 gaen are referred to as "day- trippers." spnngi0 O Fa PWWoke o By definition, day- trippers do "°'o a not spend the night in Collier a County. However, day- trippers r. 0 o do use County assets such as a Gem" public transportation, parks, Hprle~ O ' parking facilities beaches, N=P `` " .veroaaes l causeways, piers, restaurants, retail facilities, entertainment venues, etc. Thus, the Day - Tripper Visitor Profile research is an integral part of the overall quantification of the different visitor segments that make up Collier County tourism. To capture and quantify the numerosity and related value -added of this visitor segment requires an annual Internet -based study conducted with a random cross - section of regional households (sample size 384), with a telephone -based control group. We will obtain a random sample of email addresses of non - Collier residents located within the ZIP codes defined by a 50 mile radius of the County from a highly reputable national sampling company. This sampling procedure provides the most up -to -date, inclusive universe of households likely to generate day -trips and assures the validity and representativeness of this data. We will also consult variations in traffic counts at major arterial ingress and egress routes to correlate against our estimates. At the 95% level of confidence, a sample of 384 surveys will yield survey results with a standard error not exceeding ±5%. The survey topics focus on the incidence, frequency, and purpose of day -trips to Collier County. The survey instrument is also designed to elicit information about expenditure patterns and party sizes. The results of the Day- Tripper Research will be reported with the annual Value of Tourism findings. Our report will detail day- trippers': C Numerosity; C Estimated expenditures; C Economic impact. F A d x 0 F 3 w 0 3 b A a a as F N O N 0 co LO a:a w x 30 l Ro Research Data New Business 7 -c market research+ 73 of 156 Task Z: Hotel Occupancy and Average Daily Rate Study In the lodging industry, the number of rooms rented is measured as a percentage of the number of rooms available. This ratio is known as the occupancy rate. The average price paid to rent a guest room is defined as the Average Daily Rate (ADR). The amount of room revenue is driven by the number of rooms rented and the price paid to rent each room. These occupancy statistics are a measure of the rate at which the industry's lodging plant is utilized. Occupancy data give critical input to the calculation of revenue per b available room (RevPAR), the number of visitors staying in the County and their expenditures, as well as providing on -going tracking of the health of the industry. Different segments of Collier's lodging plant have their own unique characteristics ca and visitor attractors. These clusters must, therefore, be represented in both the sample and the Countywide occupancy information relative to their weights in the total population of lodgings. Our Occupancy sampling tracks changes in the number of rental accommodations (i.e., hotels, motels, condominium units, timeshare r. rentals, property management companies, R.V. parks, guest houses, private home rentals, bed and breakfast properties, etc.) subject to resort tax legislation and U ° reflects the destination's most current accommodation listings. x RDS's sample will be stratified in proportion to: N H C Geographic areas of the County; The incidence of the type of establishments (i.e., hotel, motel, condominium, 0 0 3 vacation rentals, bed and breakfast, campground, etc.); 3 C The size of the lodging facility (number of units in rental pool); C Classification of establishment; A C The incidence of independent and chain properties. The primary purpose for this stratified sampling procedure is to make certain that each segment is represented by an appropriate sample size in order to analyze it both separately and as a part of the relevant working population. En as To implement Collier's occupancy research, we will contact a stratified random sample of at least 8o properties each month. To generate the desired occupancy H information in a representative, timely, and cost efficient manner, we will implement — a combination Internet /email, fax, telephone, and /or in- person survey mode for this N project. The survey instrument will be designed and programmed so that all N interview platforms yield congruent information. The survey instrument and any ° changes thereto will be provided to the CVB for review and input. c Lo i We will contact each property manager to determine their preferred method of responding to our occupancy survey. At the beginning of the month, an email w x 31 R Research Data market research+ New Business 7 -c 74 of 156 containing a link to the survey instrument is sent to each property who has expressed a preference to complete the survey online. Non - responding properties are re- contacted both by email and telephone up to four times. A blast fax with the occupancy form attached is sent to fax properties, with follow -up faxes and phone calls as needed. Telephone properties are contacted beginning in the first week of the month and properties that do not provide a response on first contact are recalled up to four times. Critical to obtaining accurate and reliable occupancy data is our commitment to maintaining the strictest confidentiality for this sensitive data bank. No property's occupancy information is retained on our website or is ever accessible to anyone else. All data received from the Internet are confirmed against our database to ensure SNAPSHOT The Occupancy Research is expanded to: Include RevPAR; Capture sporting, special event, meeting room nights on an as needed basis; C Correlate with Smith Travel Research (STR) competitive set data. validity. Secondary occupancy information such as Smith Travel Research (STR) will also be consulted to complement RDS's primary occupancy statistics. RDS's industry confidence barometer of leading indicators for Collier tourism has proven very efficient in predicting industry trends. We will retain the barometer as a leading indicator to support our on -going tourism forecasting efforts. The survey takes an average of five minutes and includes such key parameters as: C Location of property; C Property type; C The property's total number of lodging units and number of units in the rental pool for the current research month; C Average occupancy and ADR for the prior month, as well as current occupancy trending; C Average parry size and guests per room; C Distribution of guests by geographic origin and purpose of trip (i.e., business, meeting /group, leisure, etc.); C Current levels of reservations and three month forward business level expectations. Both the Occupancy and the Industry Barometer are reported on a monthly, seasonal (high, low, and shoulder), and annual basis. The findings of this research are included with the Visitor Profile as an integral part of our monthly briefs and b H a A U 0 0 x N .y. 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BuiSpo3 luawuie:P9lu3 . auiIoseE) . swall a:)uaivanuo:) . peJaa poo3 V sajnl!puadx3 • d fD rt fD O. yluow ayi ui sAea pue 'AelS ;o 4ISua3 'az!S AVed'uoi;eziiiin AjoluanuI Sui8poI uo paseg sJOINA JO jaqwnN @ql 10 • ►n olapoN mojJ JJndtul ozu.zouooy s SQy W •luam,, ojdmg • `autooui luuosaad • •Yi !pappu -anjpn • :sales • :lo -edun otutouooa jo saansuaut pasn Xjuouzutoo inoj salujnoj -o NV-I(IWI o o •sjapouz lndlno -lndui lLool 2utonpoad jo suuaut antloaga Isoo u s-e padolanap sung G • ' NH'IdYQI -plop stgl jo aoanos anilpliaotllne }soul atll sp paziu2waa si q;)Igm `Nv-ldwi utoaj pasptloand saotal -em juanlonzls pup aat?n-ljos g2nonjl panilap axe saatjdiljnpq �a •1oafoad sill of palpjaa ulup oilpls su Ilan se lotutpuAp sa7AIuue pup sloudun otuzouooa paanput puu `loaaipui `loaatp lunoaot, olui sa�jvl `a.zojaaatll `�ipnls ano •2utpuads jo punoa tlopa ut Xtuouooa j -cool atjl tuo:g .Kauout jo sa2p)jpaj aoj lun000L, sloajja paonpui pup loaaipui atll glog •lopduu paonpuz up pauzaal si sanuas pup spool uo Xllpool ,juads -aa„ st 1pgl auzoz)m plogasnoq mau jo uoi:podoad agjL •slorduti pan uz se of paaaajaa aap sanuana.t luauzua3no2 Fool pup sasugoand,ftlsnpui -aalui Fool Xq 2uipuads loalla.z luul iglAllou oiutouooa jo spunoa luanbasgns agjL -uo os pup saaijddns lsaatjddns aql pup staijddns Isassauisnq asotll osju lnq °aprw aau sa.tnlipuadxa 1piliut aql goitlm lu suotluziuOio atll,fluo lou loajju saanlipuadxa aoltsin •Altlua oimouooa up jo saoloas luaaajjip uaay4aq saiouapuadap zalut pagsijgplsa jo a2palmotT4 aql uo pas>?g st Idaouoo otutouooa sins •Idaouoo «aazjdpjntu„ aql si sisAlpup situ of IpBalul suotl�urto� ssautsnq mau s:poddns pup sassautsnq 2utlsixa ui �flintlot? otutouooa saspaaout oslu lnq `fq!unututoo aql ui anuana.z luautuaano2 PUP `luauLfojduta `auzoout 956 ;0 9L +yoaeasa.i ialaew Sa o -L ssauisne nnaN e�ea y�aeasaa CCRDS Research Data market research+ New Business 7 -c 77 of 156 We will prepare an annual in -depth Value of Tourism statement based on multiple data inputs that will estimate and detail: C The seasonal and annual volume of overnight visitors to the Naples, Marco Island, Everglades area by geographic origin, nationality, transportation mode, and visit motivation; C The budget of the typical visitor party by key demographic variables, including spending at hotels, restaurants, shopping, attractions, and gas stations; C The proportion of taxable retail sales generated by visitors; C The sales tax, gasoline tax, and local option taxes contributed by visitors and the related savings to Collier County residents; C Additional employment generated by tourism in the Naples, Marco Island, Everglades area by sector of the economy and tourism related wages; c Visitor expenditures by sectors of the economy (i.e., restaurants, hotels /motels, etc.). Day- trippers and visitors staying with friends or relatives will also be profiled in this report. This document will focus on the economic impact of these market segments, as well as their numerosity and expenditures. The Value of Tourism report will be presented to the CVB and selected public and private agencies as a written and audio - visual presentation. Reporting will be based on cumulative seasonal update reports with an annual recap provided, when state and national tourism statistics become available. The Value of Tourism analysis represents the integration of all of our market research efforts into a statement of the impact of tourism on Collier County's economy. This report combines the cumulative visitation and economic impact data for the calendar year with estimates of retail sales, tax revenues, employment, and wages generated. As such, it represents a full year's worth of data gathering and analysis. Because of lagged data availability from the State, this report is typically finalized in June. RDS will also provide preliminary value of tourism statistics by the beginning of March for Tourism Week. The Value of Tourism is an indispensable component of the research program. Measurement of the economic benefits assists CVB's, destination marketers, planners, and others with an interest in visitor activities to reach a variety of objectives: SNAPSHOT The Value of Tourism is designed to: C Include a fiscal impact analysis as well as a statement of the benefits of tourism to Collier; C Allocate benefits to a typical Collier County resident. b i 7 0 F O U cE (3i M y F 0 3 w 0 a a y a 0 F N 0 N 0 co a w x 35 �C�D Research Data market research+ New Business 7 -c 78 of 156 C ; It informs public officials and business decision makers about the benefits of investments in tourism promotion and the assets that support it. C It assists the CVB in evaluating the effectiveness of their promotional programs. C , It educates people employed in tourism about their role in economic and business development and how their productivity contributes to the economic health of their community. By quantifying the returns to promotional and infrastructure investment, it encourages both private and public businesses and organizations to seek out partnerships that hold mutual benefit. By demonstrating tourism's value to the general public, it gives citizens a basis to rationally support tourism marketing and development. We will design our report in such a way that the information is flexible and can be positioned to make it possible to allocate the benefits of tourism to a typical Collier County resident. Task 4. Inquiry Conversion Study The destination and the CVB presently fulfill information requests received via the Internet, toll -free 800 numbers, and a variety of other media, to induce interest and potential visitation to the destination. We propose an Inquiry Conversion Study to describe the characteristics and preferences of persons who contact the CVB seeking information about the Naples, Marco Island, Everglades area. Researching related conversion rates provides an opportunity to gauge and document the impact of CVB advertising and promotional efforts. Our working population for the Naples, Marco Island, Everglades CVB's Conversion Study will be developed by means of stratified random samples selected from the inquiry response lists provided by the CVB. The study will be developed by stratifying response segments proportionate to the source of inquiry. Surveys will be conducted using email and telephone, if needed. One of the major advantages of using Internet surveying for the conversion research is the cost effective reach of this communication vehicle, nationally and internationally. We will complete at least 384 surveys for this research on a biannual basis. b� 0 a U H 3 0 a 0 b A a. iv a F N O N O co 10 a; 36 o Research Data market research+ New Business 7 -c 79 of 156 We will choose a random sample from the inquiry listing provided by the CVB for this purpose and will phone match a random sample of those inquiries that lack email or telephone contact information. The resulting listing of inquiries will thus be inclusive of all inquiry segments. Stratifying the random sample in proportion to the weight of the various inquiry sources will ensure that the resulting sample is representative of the universe of inquiries. Up to four re- contact attempts will be executed with non - responding households. At the 95% level of confidence, a sample Of 384 surveys will yield survey results with a standard error not exceeding ±5%. The primary purpose of the conversion research we are proposing is to assess: C How and why visitors decide on their visitation targets; 37 Consumer motivations involved in seeking destination information and making an inquiry relative to household travel planning; The proportion of inquiring consumers familiar with the Naples, Marco Island, 4 Everglades area; o � The brand perceptions and location identification current among travel parties ti o who seek information from the CVB; C The proportion of information seekers with prior Collier visitation experience; C C The proportion of inquiring parties with firm Naples, Marco Island, Everglades F area reservation commitments prior to inquiry; — c The proportion of inquirers who at the time of the survey had already completed 3 the planned trip to Collier, their motivations, levels of satisfaction, and planning decisions; o U The proportion of inquirers who are still planning to take their trip to Collier at the time of survey contact, their motivations and planning decisions; A The proportion of consumers who did not take a trip to Collier, but visited competing destinations, their motivations, experiences, and planning horizons; 9 C The proportion of people who did not take a trip and are not currently planning a a) to travel; C The role and effectiveness of advertising in directing travelers to the Naples, as Marco Island, Everglades area; C Details of other social networking and consumer generated media sources consulted (i.e., Facebook, Twitter, blogs, TripAdvisor, discussion boards, 0 YouTube, etc.); CA 0 A profile of competing destinations defined by inquiry respondents, identifying those factors that differentiate these places from the Naples, Marco Island, Everglades area as a destination. w x 37 C RDS Research Data m arket research+ New Business 7 -c 80 of 156 Looking at the actual amount spent on advertising and promotion, the total number of inquiries from all sources, conversion rates, and visitor expenditures allows us to calculate a first round R.O.I. to the destination and to determine which strategies and tactics offer the highest profit efficiencies. The Conversion Study will be reported within 45 days of survey completion, both as a written and audio - visual presentation. The report will include an executive summary, methodological statement, our conclusions and recommendations, and detailed tabulations of the study results. Additionally, RDS will provide update impact briefs geared to specific advertising and promotional campaigns. Task 5: Focus Group Research The destination's key domestic and international markets are undergoing significant political, economic, demographic, and financial changes. It is our recommendation, the Naples, Marco Island, Everglades area should consider the funding of a series of focus groups, in -depth interviews (IDI's), triads, or round table discussions in the destination's core domestic markets. Focus groups are an environment in which exploratory research is used to exploit group dynamics and personal interaction to obtain creative input and explore key motivations at work among consumers. The destination's website is playing an increasingly important role the in destination's promotional communications. Website visiting is a two way interaction. Consumers visit your site for a reason. Capitalizing on this opportunity is all about getting the right message to the consumer, at the right time, and in the right manner. To consumers, a company's website is an extension of itself -- a touch point. When users of a site bounce off the site because of a frustrating experience, research shows they won't go back. They are lost market potential. The qualitative research we are proposing will provide the strategic intelligence to ensure that the CVB's website and other promotional messaging is "consumer - centric," that is, directly connected to consumers' needs and the brand perceptions they hold. Markets targeted for qualitative research will be determined in consultation with CVB staff. To this end, we will prepare an appropriate discussion agenda to direct the interaction of group participants. The agenda offers a logical frame of reference in terms of which the most relevant issues, actionable attributes, and consumer preferences articulated by the group, are explored. Focus group research allows the destination to: Rate latent consumer motivations and attractability factors that prompt visitation among core markets. U 4 iu a a 0 U w° F 3 0 0 v a a c as F N O N O M a w x • March 28, 20 16 "� New Business 7 -c Res Research Data 81 of 156 market research+ c Obtain a measure of images and preferences for the Naples, Marco Island, Everglades area as a destination, vis a vis the destination's primary competitors. {` Quantify the visitation generation effect of area attractions and events. Determine how well advertising and promotional materials "sell" and persuade consumers to visit the destination. Test and rate the effectiveness of new creative concepts and positioning platforms. Explore the effectiveness of the destination's brand identity among its core visitor markets. Test consumers' reactions to websites, their messages and usability. Assess awareness of the area as a potential venue for group and meeting business in the meeting planner community. RDS will implement four (4) domestic or international focus groups each year as part oe of the research contract. The summary reports for these groups will include an o executive summary of the findings and detailed tabulations of the results of the 0 sessions. 0 w y F w 3 w 0 K O b } ca i — y w � H F N O N O M L LA a w x 39 o Research Data market research+ New Business 7 -c 82 of 156 III. Cost of Services to the County IN THIS SECTION: • Research Budget: Annual Pricing Model • Core Services • Out of Pocket Fees • Fee Schedule for Billing Special Projects C 0 O U a� 0 m U N Cn W O h O U �-i N O N O M L LO P. w x o Research Data market research+ Tab III: Cost of Services to the County Research Budget: Annual Pricing Model a. Core Services marcn zo, Luit) New Business 7 -c 83 of 156 RDS's firm annual fixed fee budget for the research tasks we have proposed in this RFP is as follows (Please see Tab II, Section 7. Detailed Scope of Work, Pages 21-39 in this proposal for detailed rationale for the inclusion of each task): Task Description UOM Quantity Unit Price Total Price Visitor Profile Study: is Commercial Lodging Monthly 12 $4,150.00 $49,800.00 (H /M /C /C) ib Visitor Impact Study: Annual I N/C N/C In -Home (V F /R) is Visitor Impact Study: Regional (Day- Tripper) Annual I N/C N/C Hotel Occupancy and 2 Average Daily Rate Monthly 12 $1,250.00 $15,000.00 Study 3 Impact of Tourism Study Monthly 12 $1,000.00 $12,000.00 4 Inquiry Conversion Study Monthly y 12 00.00 $ �5 $18,000.00 Focus Group Research 5 (Up to Four Groups Each 4 $6,500.00 $26,000.00 Per Year) Yearly Price $120,800.00 Significantly, RDS's core budget for TDC Research Services includes (at no charge) C An annual in -home (V F /R) impact study; CC An annual regional (day- tripper) impact study; C Quarterly Destination Marketing Measurement Reporting. The above specified budgets include all costs for developing, editing, pre- testing, validating, and encoding surveys, computer data entry, data verification, programming, cross - tabulations, statistical significance testing, data analysis, and preparation of written reports corresponding to each study. No charges will be made for travel to and from Collier County. i3 F U �c 0 ao a a a CU b oa CU a 0 d U w 0 C� :a F N O C N Ln O M L a w x &RDS Research Data market research+ b. Out of Pocket Fees New Business 7 -c 84 of 156 Any additional costs such as focus group facility charges, participant honoraria, focus group travel expenses, etc. will be passed on to the CVB at cost, without markup. The maximum projected out -of- pocket expenses is estimated to be $6,000.00. Description UOM Rate Out of Pocket Fees Monthly $500.00 (Maximum) c. Fee Schedule for Billing Special Projects Pricing for any additional work requested by the Bureau outside of the scope of the core services research program will be provided as a quote in writing prior to the commencement of work on the special project or study. RDS's corporate blended billing rate for additional services outside of the scope of the contract requested by the TDC or the CVB is $150.00 per hour. All invoices for special projects will be based on the real time records of our professionals involved in the study. Description UOM Rate Hourly Rate for Special Hourly $150.00 Projects E w d a w 0 0 b 0 a a a ea b ooa y iyr F: O U a� O m d v a� w O a+ Ry V H H H F N O N O M L L1 i .ti a w x 41 March New Business 7 -c CC Research Data market research+ 85 of 156 IV. Experience and Capacity of Firm IN THIS SECTION: • RDS's Unique Qualifications • Skills, Abilities, Expertise, and Availability of Staff Assigned to Study • Project Team • Subcontractors • RDS's Technical Capacities to Meet Scope of Services • Financial Strength and Sufficient Credit • Tourism, Travel, and Hospitality Projects o U • Other Clients U b U F7 ti N O \ N O co a: w x • o Research Data market research+ Tab IV: Experience and Capacity of Firm 1. RDS's Unique Qualifications rviai W 1 co, cv IV New Business 7 -c 86 of 156 RDS is uniquely qualified to be the market research vendor for the Naples, Marco Island, Everglades CVB because: We have a passion for destination research. Research Data Services provides strategic direction, tracks performance, and forecasts the growth of tourism in key U.S. vacation destinations. We have worked with over 19 DMO's. Tourism is at the heart of our business. You have to be the first to know. We are ready. In the wake of oil spills, hurricanes, and wildfires, we provide proactive, real -time, on -going gauges of impact to our clients. In an emergency or crisis, we are there. We know the history. Over thirty years of experience with tourism and hospitality research have given our professionals unmatched understanding and insight into the challenges and opportunities of Collier's industry. Continuity and +s consistency of tracking data is a very significant strength that we uniquely offer. o, We have "future vision ". Yesterday's trends do not always predict tomorrow's performance. Consumer behavior and markets can change in the blink of an eye. We :D successfully use our tracking data to identify, explore, and alert our clients to the impacts of changing technologies, lifestyles, and modes of thinking. As early as 2oo6, we gave our clients early warning of the developing recession and its global characteristics. We anticipate what is useful and has benefits for the industry's evolving challenges. o We know Florida. RDS has implemented hundreds of research studies Al Q (contractual and pro -bono) for Florida tourism organizations, public and private, U including accommodations, attractions, airports, special events, sports franchises, parks, and restaurants, as well as tourism destinations. We are in touch with our qualitative side. RDS has conducted creative and insightful focus groups with consumers, meeting planners, sports event organizers, business leaders, industry partners, and elected officials all over the United States and in over 16 international countries. We have pioneered innovative techniques for H implementing virtual in -depth interviews (IDI's) that have allowed us to provide cost effective qualitative insights while allowing access to a more diverse geographic base N of respondents than traditional focus group research. N 0 We have a truly international focus. RDS has successfully completed panel co research, focus groups, in -depth interviews (IDI's), and round table research in o Toronto, Montreal, Buenos Aires, Mexico, Chile, Berlin, Frankfurt, Munich, London, Dublin, Glasgow, Paris, Stockholm, and Oslo to gauge market directions for our clients. z It Cs �D Research Data ` market research+ New Business 7 -c 87 of 156 Several of our information takers are multilingual to accommodate international visitors (Spanish, French, and German). We are detail people. RDS's record for precise and timely tourism tracking, on- target projections, as well as verifiable visitor telemetry is unrivaled. We're focused, accessible, and responsive. At the cutting edge of technology and innovation, RDS delivers on- target market intelligence for the promotional efforts of our clients. Contact our office and you will get an answer to your question. We are dynamic and creative. Our singular focus is to isolate profitable targets for our clients. We uncover new markets, develop strategic and tactical support for industry promotions, and keep our clients informed. Tell us what you need and RDS will provide innovative solutions. We hire the right people. Achieving excellence and results are important to us, and how we get there matters. Our integrity, ethics, and values help us attract and retain talented employees, build loyalty, and contribute to our clients' bottom lines. All of our activities are staffed and fielded in -house by RDS professionals. Research Data Services, Inc., as your market research vendor, will bring to the table: C Sampling techniques, data collection methods, and reporting procedures that are based on "best practice" standards. C Quality research that is verifiable and a standard for decision making. Cutting -edge, forward- looking research programs designed to focus limited resources on strategic value -added tasks, calculated to stretch budgets and maximize industry R.O.I. C Seasoned professionals with a commitment to respond quickly and innovatively to any question, crisis, or requirement. C Accelerated research execution focused on "speed -to- market ". 4 An organization that mines data to uncover the elusive. C The capability to debrief tourism panels representative of your visitor segments to address market perceptions and future visitation intent. C An unerring focus on the message behind the numbers. a 0 c� V a a a 0 a U LO b a w a F N O N O M L .y GU W C� 43 S Research Data market research+ IvIdlu1 LOS LV IV New Business 7 -c 88 of 156 2. Skills, Abilities, Expertise, and Availability of Staff Assigned to Study a. Project Team RDS was founded in 1979 by Walter J. Klages, Ph.D., a tenured Full Professor of Economics at the University of Central Florida, who spearheaded a team of full -time research professionals to respond to the needs of clients in his consulting practice. It's about the people: Our expertise, skill, and performance in providing marketing, economic, and statistical research services are well recognized in the tourism industry. Our team's experience brings unique credentials and talents to the tasks germane to the scope of the proposal. Thirty years of experience with Florida tourism and hospitality research have given our professionals unmatched understanding and insight into the challenges and opportunities of Collier's industry. The core team assigned to this project has successfully cooperated on RDS destination research projects for over two decades. Most of our professionals hold advanced academic degrees in study fields related to the research assignments of this project. All of our staff members have extensive experience in the fields of market research, statistics, management, economics, or systems analysis. We provide state - of -the -art modeling and statistical software design. Advanced computer facilities and resources are a major facet of our research efforts. However, we recognize that we are not experts at everything. So, in addition to our staff, we have a wide range of advisors with whom we work to provide the most up -to -date, cost - efficient research solutions for our clients. Our vision is to provide our clients innovative research. We want our clients to make profitable decisions based upon timely, targeted, and insightful market intelligence. We combine a core group of research professionals led by established industry experts. We then leverage the effectiveness of the core with a network of external resources. We pride ourselves on developing long -term partnerships with our clients. We will function as an extension of your organization to ensure that the strategic objectives assigned to our team are met with the utmost professionalism. It's about our ability to pull together: t he ri hl III, I igh Tile t'lyllt hcuplc Icchni(Im, d c1SIMIS E F t C P. 0 w 46 Al Q a LO U b a w F N O N O M L .ti a: C o Research Data market research+ RDS has three basic areas of research specialization: The Tourism /Hospitality Industry; C Public Utilities Companies; New Business 7 -c 89 of 156 C Litigation Support in Business Loss, Anti- Trust, and Utility Rate Cases. h o The RDS staff that will be assigned to the Naples, Marco Island, Everglades CVB research are primarily focused on Tourism /Hospitality related projects. In this context, these professionals will work simultaneously on Collier assignments and similar projects for other Florida and National TDC /CVB clients. Our staff's current and prior experience provides valuable insights into industry trends and comparable statistics. w RDS could not produce the quality of research product with the level of efficiency and 0 o speed to execution our clients need and demand without the contributions of every one of our team members. In working on our projects, we constantly rely on one another to provide feedback, ranging from assistance with report formatting to proofreading to input on how to get project processes done faster or more efficiently. :5 We routinely schedule brainstorming sessions to discuss how to exploit and U implement creative ideas to improve the research services we provide. Experienced U staff members act as mentors for new employees ensuring a continuum of skills and knowledge to respond to clients' requests expeditiously. Employee contributions are H measured in terms of the quality of their work product and cost savings. .� For more details on the contributions of each employee to our team and this project, please see Tab II, Section is Proposed Contract Team, Pages 4 — 6 and Tab M V. Pages 50 - 57. b. Subcontractors w w 41 RDS performs all research services in- house. Although no subcontractors or sub - Z co consultants are used, RDS maintains relationships with numerous advisors whose expertise can be called upon as needed. Dr. Walter Klages, President of RDS, will direct the project, overseeing all aspects of research, and functioning as Executive-in- Charge. E 3. RDS's Technical Capacities to Meet Scope of Services F Per RDS's best practices, our computer resources and data processing facilities are at the cutting edge. iPad's, Fujitsu and Motion tablets, and Asus Mini computers are employed for computer assisted information taking. We utilize remote Internet- N ° based storage products to ensure the security of our databases. N ° To maximize the efficiency, accuracy, and effectiveness of our data collection, M Ln processing, reporting, and presentation, RDS maintains the following software resources: a w x 45 R S Research Data market research+ For data collection and analysis: C dscout ( FORECAST Pro C SPSS Visit St. Petersburg /Clearwater SNAP C Teleform C Quantum /Quanvert WinCross C Visual CE C Ex- Sample C Evolver Optimizer L Statistica C Zoomerang New Business 7 -c 90 of 156 For database and project management, reporting, and presentations: C- All Clear /Logic Flow ( Project 2010 C Word 365 C, Excel 365 C Access 365 C PowerPoint 365 C Milestones C Maptitude /Business Map /ESRI Business Analyst Online C Adobe Acrobat C. Pagemaker 4. Financial Strength and Sufficient Credit Research Data Services, Inc. certifies that we have sufficient financial capacity, working capital, and other financial, technical, and management resources to perform the contract, as well as the necessary personnel, facilities, equipment, and ability to complete the work specified in this Proposal in a satisfactory manner within the time frames specified. In 2015, RDS's total research billings exceeded $1.1 million dollars, attesting to the company's financial capacity and stability. S. Tourism, Travel, and Hospitality Projects The most accurate documentation and reflection of RDS's team's successful experience in working together lies in our satisfied clientele. The following is a list of destination marketing organizations to which Research Data Services is currently providing market research services along with the year we began working on the project. Additionally, please see our client references in Tab VI, References. Client Start Date Visit St. Petersburg /Clearwater 1985 The Naples, Marco Island, Everglades Convention and Visitors Bureau 1999 The City of Clearwater 2003 2 O U 4 a a U A .4 b U U 0 b a Igo .a w 0 U a, U U a .G F N O N O co LO a: w x Me �C�DS Research Data market research+ New Business 7 -c 91 of 156 Client Start Date Orlando North Seminole County Tourism 2004 Amelia Island Tourist Development Council 2007 Bradenton Area Convention and Visitors Bureau 2oo8 Citrus County Visitors & Convention Bureau 2012 Charlotte Harbor Visitor & Convention Bureau 2013 Experience Kissimmee 2015 The following details a sampling of the tourism, travel, and hospitality work RDS has completed from 2oo8 -2015: C 26.2 with Donna Economic Impact Study C Amelia Island Film Festival Economic Impact C Amelia Island Shrimp Festival Economic Impact C Baltimore Orioles Spring Training Impact Assessment L City of St. Pete Beach (RDS has worked on a series of projects since 2005.) C Clearwater Bright House Super Boat National Championships Economic Impact C Florida — Georgia Football Classic Economic Impact Study C J.N. "Ding" Darling National Wildlife Refuge Alternative Transportation in Parks and Public Lands Project C Jacksonville Jazz Festival Economic Impact Study C Jazz Holiday Economic Impact Study C Konica - Minolta Gator Bowl Economic Impact Study C Lighted Boat Parade Economic Impact Study C Loudoun County Virginia Convention and Visitors Association Advertising Concept Testing and Brand Building C Mahaffey Theater Market Potential /Positioning Research C, Major League Baseball Economic Impact Analysis C Museum of Fine Arts Qualitative Research C NCAA Basketball Tournament Economic Impact Study C NCAA Track and Field Championships Economic Impact Study C Pan American Masters Championship Economic Impact VJ a 0 'o^ w a, a 0 x b F 0 F LO 46 a U b �o a 4 F N O C N O LO M L a w cG 47 iwarcn zu, zu-i n +� New Business 7 -c Ros Research Data y' market research+ 92 of 156 C Ruth Eckerd Hall Market Potential Research Sarasota —Bradenton International Airport (SRQ) Outbound Consumer Focus Group C Sea and Sky Spectacular Economic Impact Study C. St. Petersburg - Clearwater International Airport Passenger Research (RDS has worked on a series of projects since 1995•) C St. Petersburg Pride Festival Economic Impact Study Suncoast Offshore Grand Prix Boat Race Special Event Research Tampa International Airport Business and Leisure Qualitative Research C The Dali Museum C THE PLAYERS Championship (TPC) Golf Tournament Economic Impact Study C The Southwest Florida Water Management District (RDS has worked on a series of population estimation projects since 2003.) c L Thunder by the Bay Bike Fest Economic Impact Study 0 U C Treasure Island Economic Impact Study A a 6. Other Clients 0 The following is a list of select clientele for whom RDS has provided non - destination �6 related research over the past five (5) years: ABC Liquor Stores o t Acura Al Q Brevard County a U C City of Panama City Beach C CVS C Dodge /Chrysler C Ford Motor Company a H C KFC (7 Lee County Parks and Recreation Department N O o Lexus C McDonalds a w x 48 C RResearch Data New Business 7 -c � market research+ 93 of 156 C Papa Johns C Pinellas County Sheriffs Department C Pinellas County Utilities C Pinellas Solid Waste Department C Pizza Hut C Popeye's C Publix C Southwest Florida Expressway Authority C Subway U -Haul Cc Walgreens Drug Stores to Wendy's Y A Winn Dixie a H w w 0 cC a U b a� v q 'C W F N O N O M L LO 10 0.a w 49 C S Research Data , market research+ New Business 7 -c 94 of 156 V. Specialized Expertise of Team Members IN THIS SECTION: • Resume of Proposed Account Manager • Experience Matrix • Leadership Team • Affiliated Advisors a F w O O O W b c� .v a� a r r N O N O co Ln a: w c4 • CCRDS Research Data market research+ Tab V: Specialized Expertise of Team Members 1. Resume of Proposed Account Manager New Business 7 -c 95 of 156 Walter J. Klages, Ph.D., President of RDS, will direct the project and serve as account manager for the Naples, Marco Island, Everglades CVB research project. WALTER J. KLAGES, Ph.D. Executive -in- Charge Since 1979, Dr. Walter Klages, President of RDS, has worked with a variety of clients providing the marketing intelligence needed to insure product and service viability and bottom -line profits tailored and sequenced to meet client needs. He will direct the project and function as Executive -in- Charge. Dr. Klages has provided market research services to destinations and CVB's since he started RDS as a business. He brings a comprehensive vision of destination and CVB research services to the tourism industry. Dr. Klages has designed, executed, analyzed, and presented results from research studies for clients for over 30 years. His extensive experience in research covers a wide variety of topics including branding, new concept development and positioning, customer and employee satisfaction, and performance assessments. Dr. Klages has pioneered many of the "best practices" in destination market research and visitor studies. He specializes in supporting CVB's in building their direct marketing strategies, boosting the destination's market presence, establishing interactive relationships with their customers, and increasing hotel occupancy and ADR's. While on the faculty of the University of Central Florida, under a grant from the Florida Department of Commerce, Dr. Klages coauthored the input- output model for the Central Florida sector. He is an active member of the American Statistical Association, the Florida Restaurant and Lodging Association, Skdl, and a charter member of Visit FLORIDA. Dr. Klages has previously served as an independent business and economic consultant to a variety of corporations in the U.S., Canada, and Europe. Over the last 35 years, he has been deeply involved with tourism and public opinion research projects in the State of Florida and the United States. Dr. Klages' perspective from his 15 years of academic teaching experience with U.S. and Canadian universities combined with his real world 0 �i w 0 .a �o a a a 0 U b 0 0. 0 a 0 i~ a a 6 F 0 0 d a F N 0 N 0 LO L a: w c� M CCR D S ; Research Data market research+ New Business 7 -c 96 of 156 business experience gives him the ability to identify and clearly convey the meanings behind the statistics. He currently serves as a consultant to local, state and federal agencies and private organizations. Dr. Klages is qualified as an economist and statistician to present expert witness testimony. Over the years, he has received many honors, including the following: Fulbright Scholar; Assistant to the Institute of Economic Geography at the University of Munich; member of Omicron Delta Epsilon, Honor Society in o Economics; member of Beta Gamma Sigma, Honor Society in Business U c Administration; member of Alpha Kappa Psi, Professional Honor Society in A Business, Federal Republic of Germany (F.R.G.) Cultural Exchange Fellowship; Lilly Foundation Scholarship; Vice- President of the Southwestern American Association of the Advancement of Slavic Studies; Regional Representative for the Eastern Economic Association; American Statistical Association (ASA); Florida Restaurant and Lodging Association; Skdl International Association of Travel and Tourism Professionals; Founding Partner of Visit FLORIDA. d Education: B.A. (equiv.) University of Munich, Munich Germany Cand. Rer. Pol. Economics, University of Munich 0 o Major field: Resource Economics, Statistics, Input- Output Modeling a o Exchange Student: Faculte de Droit et des Sciences Economiques, Paris, France London School of Economics Major field: Regional Economics and Planning .a Cultural Exchange Fellowship (U.S. /F.R.G.): Southern Methodist University F o University of Alabama d Ph.D. University of Alabama Major field: Economics and History N Academic Lecturer, University of Alabama, Employment: Assistant Professor, University of Alabama Assistant Professor, York University, Toronto H Associate Professor, Florida Technological University Professor (tenured) Department of Economics, o University of Central Florida o M L LO P-i 51 CCRDS Research Data market research+ 2. Experience Matrix New Business 7 -c 97 of 156 Category Count i. Number of years the project manager has in a 36 leadership role in market research 2. Number of governmental accounts managed by the proposed account manager over the three year 23 period (1/1/13 — 12/31/15) 3. Number of proposer's full time equivalent staff (including the account manager) assigned to the 13 County's scope of work in this RFP. 4. Number of other accounts to be managed concurrently by the account manager should this 8 firm receive an award to this RFP. 3. Leadership Team The core team assigned to this project has collaborated on major destination tourism research throughout Florida for over 20 years. The RDS professional team who will be directly involved in this project and assume supervisory responsibilities includes the following professionals. Please see Tab H, Section s: Proposed Contract Team, Pages 4 - 6 in this proposal for specific details of each RDS team member's role in the Collier research project. CLAIRE KLAGES Vice President, Qualitative Research Education: B.A., Geography M.A., University of Florida, Gainesville, FL Major field: Urban & Regional Planning Ms. Klages has been with Research Data Services since 1985• At RDS, her primary responsibilities include focus group implementation and moderation, the development and implementation of new software systems, assisting in the production and presentation of marketing data, and overseeing employees. Educated and trained as an Urban Planner, with a degree from I University of Florida in Urban and Regional Planning, Ms. Klages worked for professional engineering and design firms on area land use development projects. While at Environmental Associates, Inc., she assisted in producing environmental impact statements, rezoning materials, and land use reports for major utilities and state departments. At Gee & Jenson, Inc., Ms. Klages worked with large community development districts procuring designated infrastructure approvals and tax districting designations. 0 a w N H w Ck 0 F N O N O M 10 Ln ra w x 52 CCRDS Research Data market research+ New Business 7 -c 98 of 156 While at RDS, Ms. Klages has provided facilitation for hospitality clients curious about such hot topics as: L Road trips, day trips, and weekend getaway visitation; C Fall travel market season; C Destination brand personalities; C Travel motivations and destination selection; C Adverting campaign testing and effectiveness evaluation; C The role of Internet and web usage in destination selection; C Hotel amenities and service expectations among leisure and business guests; C Customer satisfaction for resorts, airlines, and attractions; C Warm weather destination competition rankings; Consumer attitudes and uses of public transportation; Travel trends among meeting and association planners. Ms. Mages is Vice President and the Secretary /Treasurer of RDS. ANNE WITTINE Director of Quantitative Research Education: B.A., University of South Florida, Tampa, FL Major field: Mass Communications /Advertising With over 26 years of market research experience with Research Data Services, Ms. Wittine has been involved in analytical consulting across a diverse range of industries and services for both public and private clients. Her experience is apparent as she proactively understands and anticipates client reporting and analysis needs. With an inherent curiosity and a keen sense of determination, Ms. Wittine is an excellent fit within RDS's leadership team. Her experience lies in developing proprietary marketing software, the use of statistical software packages (SPSS, Snap, WinCross, Visual CE, Quantum, Excel, and Access) and the application of statistical methods and procedures to analyze visitor profiles and gauge market potential. Since joining RDS in 1989, she has been involved with a wide variety of research projects including image studies, consumer opinion research, advertising effectiveness testing, and marketing strategy studies. 0 F a M a� F w O d N 4 F N O N O LO M L w x 53 CCRDS Research Data market research+ New Business 7 -c 99 of 156 Prior to joining RDS, Ms. Wittine worked for two years for Semco Printing as a graphic artist managing all aspects of pre - printing production. With Ms. Wittine's combination of desktop publishing background, her innate analytical skills, and hands -on research experience, she brings a special blend of talents to the Manatee County project. Our clients know they can call on her for any data request or reporting need. ANDREA JOHNSTON 011IN as good as the data Research Manager Collected." .11111c Wittilic Education: B.A., University of Florida, Gainesville, FL Major field: Economics M.A., University of South Florida, Tampa, FL (Expected August 2o16) Major field: Economics NICOLE GRATES Project Director Prior to joining RDS, Ms. Johnston was a student research assistant at the University of Florida. This position gave her a range of experience conducting research, analyzing data, and interpreting results. She is highly proficient in SPSS, STATA, SAS, Excel, and Snap. She has also held the position of graduate teaching assistant in economics at the University of South Florida. Education: B.S., University of Tampa, Tampa, FL Major field: Marketing Prior to joining RDS in 2007, Ms. Grates was an Intern for the Contemporary Marketing Team at Busch Gardens. She received in -depth training in multiple areas of operational marketing, including developing and conducting in -depth interviews with meeting planners to gather information about promoting the Park as a venue for corporate events. t a 0 a A F a b M F 0 a F N O N O M P. w x 54 �C�RD New Business 7 -c Research Data market research+ 100 of 156 ANN F. HARRISON Psychographic Research Education: B.A., Rhodes College, Memphis, TN M.A. Memphis State University, Memphis, TN Major field: Psychology Ms. Harrison area of specific expertise is developing P innovative marketing research solutions that align with organizational needs to increase market share and profitability. She has a wealth of experience in undertaking projects for government and other public sector institutions. Ms. Harrison has been actively involved in measuring the impacts of tourism activity, market position, and emerging opportunities. Since joining RDS in 1986, she has been involved in measuring economic trends, as well as changes in tourism supply and demand for our clients. Ms. Harrison is responsible for coordinating the design and development of the statistical methodologies to be used for the project. She provides critical input to sample design; weighting and estimation; design of quality control methodologies; and the statistical aspects of data dissemination and analysis. JAZMINE RIZZO Market Research Data Analyst Education: B.B.A., University of Miami, Coral Gables, Florida M.B.A., University of South Florida, Tampa, Florida Major field: International Finance and Marketing Before joining RDS in 1999, Ms. Rizzo worked for five years with PanAmSat as a Manager of Global CDV Systems. Her responsibilities included: Management and supervision of global compressed digital video systems and supporting personnel; l� Training supporting personnel in basic understanding of PAS digital controlling systems; C_ Performing value added customer support to customers /programmers and their respective affiliates for PanAMSat satellite fleet; t Organization and distribution of special projects and reporting functions to upper management; C Coordination of customer integration into digital controlling system. LO a c u p F Al. a� b M .a F 0 a ri U a F N O N O M w x 55 o Research Data market research+ JANET HOME Quality Supervisor Education: B.A., Elmhurst College, IL Major field: Business Administration New Business 7 -c 101 of 156 Ms. Home joined RDS's team in 1999 and brings to the table wide- ranging experiences in finance and business management. Ms. Home is responsible for the financial management of the company and oversees the Administrative, HR, and Legal project teams. Additionally, she is responsible for project time keeping and billing and has extensive experience invoicing governmental clients. For this project, her role will include supervisory responsibilities and quality control. ARLYSE WDOWELL Field Services Manager Education: B.S., University of Toledo, Toledo, OH Major field: Social Sciences, History, and Education Her experience includes: C Facilitator for Life Skills Program C Volunteer for Take Stock in Children C Certified Guardian ad Litem C Co- Founder of the Youth Writers Program ` C Case Manager for the Council on Aging C Teacher for the Nassau County School System C Co -Owner of McDowell Media Services LISA TERIAN Field Supervisor Education: Walsh College, Troy, MI Major field: Hospitality Services Prior to joining RDS in 2014, Ms. Terian's experiences included service as a marketing and sales coordinator for a Collier County resort. Her responsibilities included management of the resort's social media and websites, development of PACE reporting spreadsheets, and staff training. These experiences give her important insight into Collier's tourism industry. Ms. Terian is a Collier resident. 0 �i a 0 6 F a y N N .b M F 0 b R �U a F N O N N LO O M L a w x 56 �C�RD Research Data market research+ MICHELE BOONE Industry Liaison Education: B.A., University of Toledo, Toledo, OH Major field: Business MARGOT GEORGE IVidlu1 LO, LV 10 New Business 7 -c 102 of 156 Ms. Boone joined RDS in 2012, bringing extensive experience in accounting, human resources, and customer service /outreach. Her prior experience includes the management and operation of several staffing /placement companies. Visitor Profile Specialist ROSIE PANNONE Visitor Profile Specialist Ms. George has been a Visitor Profile Specialist with RDS since 20o8. She collects primary visitor data. Ms. George has extensive experience in customer and public relations and loves talking to people. She speaks German. Ms. Pannone is a Visitor Profile Specialist for RDS. She is involved in the collection of primary and secondary data. Ms. Pannone has been with RDS since 2001. She comes to us with extensive experience in the travel and hospitality industry. She loves the opportunity to talk to people and is very comfortable interacting with consumers from all walks of life. LO 0 t; a 0 F a b M y F d F 0 a, U F N O N O M 0.a w 57 o Research Data market research+ Affiliated Advisors MICHAEL H. TRUSCOTT, Ph.D. Dana Professor, Economics Education: Ph.D. Economics, Louisiana State University, LA M.B.A. Memphis State University, TN B.A., Education, Southwestern at Memphis, TN New Business 7 -c 103 of 156 Dr. Truscott is an expert on all aspects of global finance and economics, from the problems of emerging nations to the intricacies of exchange rate fluctuations in the global economy. He teaches Principles of Macroeconomics; Seminar in Economics (Senior Capstone Course); Macroeconomics and Global Issues (MBA) at the University of Tampa. Dr. Truscott directs his research to focus on areas where it can be applied to either real world situations or to the more effective teaching of economic principles. Consequently, he uses cutting edge behavioral simulations to teach complex international trade concepts and has published on the subject in professional journals. He is very knowledgeable on how a country's balance of trade and balance of payments affect its economy. Dr. Truscott's extensive background with exchanges rates, econometrics, and situational analysis will be invaluable in our estimations of the impact of tourism and our forecasting of tourism trending. N. RONALD BENNETT, C.P.A. Fiscal, Tax, and Feasibility Analyst Education: B.S. Bachelor of Aerospace Engineering (with high honors), Georgia Institute of Technology, Atlanta, Georgia M.B.A. in Finance, Florida State University, Tallahassee, Florida Mr. Bennett is a CPA and has prepared business valuations for estate tax purposes and performed audits of governmental entities, nonprofit organizations, and for -profit businesses. He focuses on internal controls, management information systems reviews, and staffing requirements. Mr. Bennett also provides tax services for corporations, partnerships, nonprofit organizations, trusts, estates, retirement plans, and individuals. He is experienced in accounting, auditing, management consulting, and financial management and has extensive government billing experience. 0 b c F a x b M F 0 a� A b a 4 F N O N O CO Ln 10 • CCRD� Research Data market research+ New Business 7 -c 104 of 156 He is also a statistician by training and oversees developing simulation, feasibility, and forecast models for client projects. Mr. Bennett is an expert in taxes and fiscal impacts and assists in developing Value of Tourism statements. He has worked with RDS as an advisor since 1997• STEPHEN 1. PREISACH IT and Programming With over 35 years programming experience including more than 20 years' experience with Oracle, Mr. Preisach is familiar with many operating systems and programming languages on a variety of systems. He has extensive UNIX and Linux experience on machines ranging from loo+ user multi - processor IBM, HP, Sun and Sequent systems to personal computers; Windows on personal computers; can program fluently in C, PL /SQL, Perl and other languages; has extensive experience designing, maintaining, and testing software and database systems; dynamic Web applications using Oracle Application Server and Perl CGI. Mr. Preisach has completed system design work for many mini and micro based computer projects and has experience working with people as a manager, in training sessions, and through telephone customer support. He designed and presented classes on commercial and custom software. Mr. Preisach has extensive experience with custom software programming. He will provide technical support, maintain RDS's network, and write custom software for managing clients' databases. 's c a~ F a b M F w O O a 41 b F 10 N O N O Co to P. w 59 CCQRDSIS' Research Data market research+ VI. References New Business 7 -c 105 of 156 2 U U i.� W 5 N O N O M LO b • March 28, 2016 New Business 7 -c 106 of 156 Corley Co>ynty Administrative Services Department Procurement Services Division Attachment 9: Reference Questionnaire Solicitation: 16 -6563 TDC Research Services Reference Questionnaire for: Research Data Services, Inc (Name of Company Requesting Reference Information) Walter J. Klages, Ph.D. (Name of Individuals Requesting Reference Information) Name: Elliott Falcione Company: Bradenton Area CVB (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: elliott.falcione @bacvb.com FAX: (941) 729 -1820 Telephone: (941) 729 -9177 t-oiuer county is impiemenung a process tnat collects reference mtormation on tirms 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: Professional Marketing Research Completion Date: December 25, 2018 Services Project Budget: $88,845 per year (Core Services) Project Number of Days: 1,825 Change Orders - Dollars Added : 4 ($27,460) = Change Orders - Days Added: N/A Item Criteria 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; invoices; manuals or going forward documentation, etc.) 10 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 Please FAX this completed survey to: (813) 223 -2986 By January 27, 2016 16 -6563 TDC Research Services 38 arch 28, 20161 New Business 7 -c 107 of 156 Admi *Aa" services i --- ovamwombWOMUFMM Attachment 9: Retererme Dkntsbonrmike Soiickistion: 188563 TDC Research Seririces i Reference Questionnaire tor: Research Data Services. Inc s (Name of Company Requesting Reference Inforrnat4on) Walter J. Itia9es, N.V. , Narns: 04 Langley, CAE Company: Amelia Island Convention and Visitors Bureau (Evaluator completirg reference quesdonnahe) . (Evaluator's Company completing reference) uoilwr ['ounty is impismenting a process treat collects reference Information on firma and their key personnel to be Us 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 satlsl(ed (arid would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firrnfindivdival again). If you do not have sufficient knowledge of past performance In a particular area, leave 4 blank and the item or form wig be scored'W Project Description: Visitor Profile Research Services Completion Date: Qp -going Project Budget: _542.000 per Mr More Services] Project Number of Days: On -going Change Orders - Dollars Added: As Needed = Change Orders - Days Added: N!A i Itbem I Criteria score 1 Ability to manage the project costs (mkdrrdze change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Oualky of work. 10 4 duality of consultative advice provided on the project. 16 5 Professionalism and ability to manage per- 10 6 Project administration (completed documents, final Invoice, final product turnover, Invoices; manuals or going forward documentation, etc.) 10 7 Ability to verb* communicate and document infovWbn clearlyy and succinctly. 10 8 Ability to manage risks and unexpected project circurn larxms. 10 9 Ability to follow contract documents, polUes, procedures, rules, regulations, etc. 10 10 Overall contort level with hiring the company In the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Please FAX this completed survey to: (813) 223 -2986 $y January 27, 201$ •lFggp TDC Pmeat& denim 38 —UN IY VISITOR'S BUREAU 362 628 0703 01/29/2096 90.18 0064 P.0011001 March 28, 2016 New Business 7 -c 108 of 156 aerv�ors uern - Attachment 9: Reference Ouestionnaire J Solicitation: 16 -6563 TDC Research Service Reference Questionnaire for: Research Data Services. Inc (Name of Company Requesting Reference Information) Walter J. Klages. Ph.D. i (Name of Individuals Requesting Reference information) Name: Adam D. Thomas Company: Citrus County Visitors & Convention Bureau (Evaluator completing reference questionnaire) ( Evaluators Company completing referent*) Email Adam.Thomasevisitc&w.cem FAX: (352) 794 -5508 Telephone• (352) 71145506 Colter County is implementing a process that collects reference information on firms and their key personnel to be usec 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 rata 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 famAndividual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdivai again). if you do not have sufficient knowledge of past performance in a partb" area. leave it blank and the item or form will be scored *0.* Project Description: Tourism Research Completion Date: September 30.2016 Project Budget: 122.200 per Er Project Number of Days: 365 (Ongoing) Change Orders - Dollars Added : N/A = Change Orders - Days Added: NIA Please FAX this completed survey to: (813) 223 -2966 By January 27.2016 18.65123 TDC Research Services 38 Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -lime or early). to 3 Quality of work. 10 4 Duality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. } D 6 Project administration (completed documents, final invoice, final product turnover; invoices.- manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information dearly and succinctly. , O 8 Abiltity to manage risks and unexpected project circumstances. umstances. 9 Ability to follow contrail documents, policies, procedures, rules, regulations, etc. 0 10 Overall comfort level with hiring the company in the future (customer satisfaction). (0 TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: (813) 223 -2966 By January 27.2016 18.65123 TDC Research Services 38 March 28, 2016 New Business 7 -c 109 of 156 corer colN.nty Administrative Services Department Procurement Services Division Attachment 9: Reference Questionnaire Solicitation: 16 -6563 TDC Research Services Reference Questionnaire for: Research Data Services, Inc (Name of Company Requesting Reference Information) Walter J. Klages, Ph.D. (Name of Individuals Requesting Reference Information) Name: DT Minich Company: Experience Kissimmee (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: DMinich @experiencekissimmee.com FAX: Telephone: (407) 569 -4801 Collier County is implementing a process that collects reference information on firms and their kev nersonnel to he impH 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: Tourism Research Completion Date: January 31, 2016 Project Budget: $121,100 per year (Core Services) Project Number of Days: 365 Change Orders - Dollars Added : As Needed = Change Orders - Days Added: N/A Item Criteria 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. 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; invoices; manuals or going forward documentation, etc.) 8 7 Ability to verbally communicate and document information clearly and succinctly. 9 8 Abiltity to manage risks and unexpected project circumstances. 9 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). 10 TOTAL SCORE OF ALL ITEMS 94 Please FAX this completed survey to: (813) 223 -2986 By January 27, 2016 16 -6563 TDC Research Services 38 Co h�sr �Y WMAM Reference Questionnaire ltr. Research Data services. Inc March 28, 2016 New Business 7 -c 110 of 156 (Name of Company Requftting Reference Informa8on) Walter J. 1080", Ph.D. (Name of Individuals Regtmstlng Reference Informo6 m) Name: Lucy Nicandri Company: Suncoast Charities for Children (Evaluator cempleeting reference questionnaire) (Evaluator's Company completing reference) 101 T, comer u3unry is implementing a process that collect rgf�ftnoe infortnatlon on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Gvmpaoy listed In the Subject above has listed you as a dient for which they have previously performed work, pie;" oompiete tha surrey, please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very sauftd (and would hire the firmlindividual 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 pest performance in a particular area, leave it blank and the item or form will be scored '0.* Project Description: Special Event impact Studies proiact Budget: $7.800 per y= (Two Ev nts Completion Date: On ^- Project Number of Days: On oin Change Orders - Dollars Added : I +� Change Orders - Days Added:, l!A_._ Mase FAX this completed surwy b: 13 BY JanuB!Y28,2016 f [6 /le 3Wd 59581LE 1"563 TOC Research Serviews R Research Data market research+ New Business 7 -c 111 of 156 VII. Acceptance of Conditions 0 b w 0 CU L" a a� d 5 N O N O M L LO ID • D Research Data market research+ Tab VII. Acceptance of Conditions New Business 7 -c 112 of 156 Research Data Services, Inc. hereby agrees to comply with all items, terms, conditions, and specifications detailed in your Request for Proposal 16 -6563. Research Data Services, Inc. agrees as a pre- condition of consideration, that, if selected to provide research services for this project, we will provide Certificates of Insurance in accordance with all of the County's insurance requirements as outlined in Exhibit IV, Pages 19 -2o and Attachment 8 of RFP Number 16 -6563. Research Data Services, Inc. certifies that we have sufficient financial capacity, working capital, and other financial, technical, and management resources to perform the contract, as well as the necessary personnel, facilities, equipment, and ability to complete the work specified in this Proposal in a satisfactory manner within the time frames specified. Research Data Services, Inc. agrees as a pre- condition of consideration, that we will enter into a contract agreeable to Collier County and the Naples, Marco Island, Everglades Convention and Visitors Bureau containing a "hold harmless" indemnity clause. Research Data Services, Inc. shall observe and obey all laws, ordinances, rules, and regulations of the federal, state, and local municipality, including Immigration Laws, Equal Opportunity Employment (EEO), Minority Business Enterprise (MBE), and OSHA which are applicable to the services supplied under this contract. Also, we will have or obtain all necessary permits or licenses required for the operation of said business. Research Data Services, Inc. has a corporate recycling policy. Our program includes routinely utilizing recycled products including paper and toner cartridges. We recycle used white paper, cardboard, toner cartridges, and ink jet cartridges. We dispose of batteries, equipment, and solvents in a responsible manner, as well as promote environmentally safe behaviors with awareness posters and information in the office. This proposal is printed on paper that is 3o% recycled content. In the event of a public emergency, disaster, hurricane, tornado, flood, or other act of God, Research Data Services, Inc. will give Collier County "first priority" for goods and services. a b a S r.. 0 a U U 5 F N O N O M LO d: w x 61 New Business 7 -c Research Data �DS 113 of 156 market research+ Conflict of Interest Certification: The undersigned proposer hereby certifies that he is not, and will not be violating either directly or indirectly any conflict of interest statute or any other applicable statute or principle by his performance of this service. I hereby agree to abide by all conditions of this Request for Proposal and certify that I am authorized to sign this proposal for the proposer. Signed this ist day of February, 2016, in Tampa, Florida, County of Hillsborough. AuthorizeOgnae Walter J. President RESEARCH DATA SERVICES, INC. 777 South Harbour Island Boulevard — Suite 26o c Tampa, Florida 33602 b (8i3)254 -2975 w 0 c� a a� U Qi F N O N O CO Ln a: w x 62 RIDS Research Data March New Business 7 -c 114 of 156 market research+ VIII. Required Form Submittals IN THIS SECTION: • 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 x 5 N O N O co U') W W • March 28, 2016 New Business 7 -c 115 of 156 c wmr� Cmvity A&*&M*nSarvicw Departrrwt Procurement Services Division 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: Adam Northrup, Procurement Strategist ® The mailing envelope must be sealed and marked with Solicitation 16 -6563 — TDC Research Services and 1129/2016. ® 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: Research Data Services, Inc. Address: 777 South Harbour Island Boulevard, Suite 260 City, State, Zip: Tampa, Florida 33602 Telephone: (813) 254 -2975 Email: WJKlages Resear LC.com or Research @KlagesGroup.com Representative Signature: Representative Name: Walter J. Kla es, h. D., President/CEO Date February 1, 2016 166563 TDC Research services 29 March OUNT ND. 2015 - 2016 HILLSBOROUGH COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 38J "�usi > Z �L OCC. CODE 10 Employees 11 280.044000 Public service Receipt Fee 54.00 Hazardous Waste Surcharge 0.00 Law Library Fee 0.00 BUSINESS RESEARCH DATA SERVICES INC 777 HARBOUR ISLAND BLVD #260 TAMPA, FL 33602 2015 =2016 NAME RESEARCH DATA SERVICES INC MAILING 777 HARBOUR ISLAND BLVD #260 ADDRESS TAMPA, FL 33602 Paid 14-625- 068599 07/09/2015 54.00 BUSINESS TAX RECEIPT DOUG BELDEN, TAX COLLECTOR HAS HEREBY PAID A PRIVUGE TAX TO ENGAGE 81343 IN SustmM. PROFESSION. OR O=UPA rM SPECIFIED HEREON THIS BECOMES A TAX RECCEIPT EIPT WHEN VALIDATED. March 28, 2016 New Business 7 -c 117 of 156 cofirev County aroaremer t services Division 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 President/CEO State of Florida County of Hillsborough SUBSCRIBED AND SWORN to before me this Q 1 day of :,!,jai,_ r T 20 1 b by �, t. `L, s �-o �► /�Cl�w s who is personally known to me to be the ----v V for the Firm, OR who produced the following identification '!�j7(_ Mr i Jc i- Notary Public r* Hwar My Commission Expires Moan► 1141111! HWFN vwwc - wa d Roca. My Coven. 60M MY 4, 2019 • �4Mo�NMoirNodryAan. 16 -6563 TDC Research Services 30 March 28, 2016 New Business 7 -c 118 of 156 Collier County Administrative Services Deparhnent Procurement Services Division Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 16 -6563 — TDC Research Services 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: 16 -6563 — TDC Research Services. (Proposal Continued on Next Page) 16 -6563 TDC Research Services 31 March 28, 2016 New Business 7 -c PROPOSAL CONTINUED 119 of 156 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 1st day of February, 2016 in the County of Hillsborough, in the State of Florida. Firm's Legal Name: Research Data Services, Inc. Address: 777 South Harbour Island Boulevard, Suite 260 City, State, Zip Code: Tampa, Florida 33602 Florida Certificate of 637933 Authority Document Number: Federal Tax Identification 59- 2042612 Number CCR # or CAGE Code WA Telephone: (813) 254 -2975 FAX: (813) 223- 986 Signature by: Walter J. Klages, Ph.D. (Typed and written) Title: Preside E Additional Contact Information Send payments to: Same (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: WJKiages@ResearchDataLLC.00m or Research@KJagesGroup.com Office servicing Collier County to place orders Same (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email 16.6563 TDC Research Services 32 March 28, 2016 New Business 7 -c 120 of 156 State of Florida Department of State I certify from the records of this office that RESEARCH DATA SERVICES, INC. is a corporation organized under the laws of the State of Florida, filed on September 28, 1979. The document number of this corporation is 637933. I further certify that said corporation has paid all fees due this office through December 31, 2015, that its most recent annual report/uniform business report was filed on April 2, 2015, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty- second day of January, 2016 Secretary of State Tracking Number: CU7104005950 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:H services .sunbiz.org /Filings/ CertificateOfStatus ICertificateAuthenticatio n March 28, 2016 New Business 7 -c ''�' Research Data Services is C:otlyer Cam' 121 of 156 NOT claiming status as a ArJminisirativeServioesDem " ent local business. Proamnw S«vK=oiv4sio, Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 16 -6563 — TDC Research Services (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: N/A Number of Employees (Including Owner(s) or Corporate Officers): 25 Full and Part Time Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): 1 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: Collier or 1 Signature: Date: February 1. 2016 Title: _ President/CEO STATE OF FLORIDA .i ❑ COLLIER COUNTY ❑LEE COUNTY N; L1 sbo=. h CoL n d-y Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 1 s� Day of Tp_jar-NIOU 20_L�_. C.� Sabiine Hunter s HUMN Notary Public Nawy thane - em d FWW My Commission Expires: Lf F I �? i fF g 4.2s Mfg c.sw. E��Nra nw 4. lOr9 (AFFIX OFFICIAL SEAL) ''' �oe1N IMroMlMepryAnn. 18-6563 TDC Research Services March 28, 2016 New Business 7 -c 122 of 156 cod � city Admir>istrative services oepara„ertt Proauement Services Division Attachment 6: Immigration Affidavit Certification Solicitation: 16-6563 — TDC Research Services 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 1 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 (1NA'). 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 Signature State of Florida Research Data Services, Inc. County of Hillaborough The foregoing instrument was signed and acknowledged before me this day of e hrt, a 201(Q, by who has produced _; P 154-c�!- as identification. (Prinfobr Typd Name) /7 (Type of Identification and Number) /,L(e [_ i •/ ; �Pµ�lUyy, SABiNE HIpITEB Notary Public Signature NWO P" - 8tw d PAMs Sabine Hunter t c e FF nno Printed Name of Notary Public MY Ct - E111*0 M 4, M9 j Cotl�/Mr�lt�l�ulMllsyMn Notary Co ission 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. 16-6563 TDC Research Services 34 March 28, 2016 New Business,7.,c Verif y OF-1-Ir Company ID Number: 366794 THE E- VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Research Data Services, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E- Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E- Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1 -9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E- Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104 -208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E- Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification ", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E- Verify clause ") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E- Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E- Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New Business 7 -c E-Verifv- M" �t Company ID Number: 366794 by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non - citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E- Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E- Verify process. 3. DHS agrees to make available to the Employer at the E- Verify Web site and on the E- Verify Web browser, instructional materials on E- Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E- Verify. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E- Verify program. DHS also agrees to provide to the Employer anti - discrimination notices issued by the Office of Special Counsel for Immigration - Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E- Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New Business -c E-Verifv- W-M.""r Company ID Number: 366794 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non - match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E- Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E- Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E- Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E- Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1 -9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E- Verify at 888 - 464 -4218. • If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form 1 -766 (Employment Authorization Document) to complete the Form 1 -9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1 -9. The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New BusinessJ -c E-Verifv.- � r Company ID Number: 366794 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non - matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E- Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1 -9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E- Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1 -9 and E- Verify system compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E- Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1 -9 has been completed), and to complete as many (but only as many) steps of the E- Verify process as are necessary according to the E- Verify User Manual, or in the case of Federal contractors with the FAR E- Verify clause, the E- Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1 -9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1 -9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E- Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E- Verify procedures for pre - employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E- Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer Page 4 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New Business,7,c V rz—rifV e Company ID Number: 366794 uses the E- Verify system for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article Ill. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non - match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1 (1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non - match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E- Verify at 1- 888 - 464 -4218 or OSC at 1 -800- 255 -8155 or 1- 800 - 237 -2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E- Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration - related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E- Page 5 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New ! u#ness, ,7, c Verif y Sr?T' Company ID Number: 366794 Verify. If the Employer has any questions relating to the anti - discrimination provision, it should contact OSC at 1- 800 - 255 -8155 or 1- 800 - 237 -2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1 -9 or to print the screen containing the case verification number and attach it to the employee's Form 1 -9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E- Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1 -9 and other employment records and to interview it and its employees regarding the Employer's use of E- Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E- VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E- Verify by the Employer, the Employer may not reverify the employee through E- Verify. a. Federal contractors with the FAR E- Verify clause agree to become familiar with and comply with the most recent versions of the E- Verify User Manual for Federal Contractors and the E- Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E- Verify clause agree to complete a tutorial for Federal contractors with the FAR E- Verify clause. c. Federal contractors with the FAR E- Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E- Verify at the time of a contract award must enroll as a Federal contractor with the FAR E- Verify clause in E- Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E- Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, Page 6 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New Business J c E-Verifv Company ID Number: 366794 whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E- Verify as a Federal contractor with the FAR E- Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time of enrollment in the system and after the date and selecting which employees will be verified in E- Verify or within 30 days of an employee's assignment to the contract, whichever date is later. d. Employers that are already enrolled in E- Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E- Verify clause: Employers enrolled in E- Verify for 90 days or more at the time of a contract award must use E- Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E- Verify as other than a Federal contractor with the FAR E- Verify clause, must update E- Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E- Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E- Verify clause in E- Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E- Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E- Verify clause may, however, elect to verify all new hires, and /or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E- Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form I -9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E- Verify clause may choose to complete new Forms 1 -9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E- Verify clause may also update previously completed Forms 1 -9 to initiate E- Verify verification of existing employees who are not completely exempt as long as that Form 1 -9 is complete (including the SSN), complies with Page 7 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New Business -c E -Verif y - 1 10" Company ID Number: 366794 Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1 -9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1 -9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1 -9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1 -9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1 -9 consistent with Article II.C.5, or update the previous 1 -9 to provide the necessary information. If section 1 of the Form 1 -9 is otherwise valid and up -to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1 -551) that expired subsequent to completion of the Form 1 -9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E- Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E- Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E- Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by the E- Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system - generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it Page 8 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New Business,7,,c E-Verifv- Company ID Number: 366794 determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E- Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non - match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will send a copy of the employee's Form 1 -551 or Form 1 -766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non -match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E- Verify, the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. Page 9 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New Busine!! Zzc E-Verifv-..... Company ID Number: 366794 ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E- Verify, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E- Verify program by DHS or SSA, including but not limited to the E- Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E- Verify User Manual, the E- Verify User Manual for Federal Contractors or the E- Verify Supplemental Guide for Federal Contractors. Even without changes to E- Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E- Verify clause may terminate this MOU when the Federal contract that requires its participation in E- Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E- Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E- Verify clause fails to provide such notice, that Employer will remain a participant in the E- Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E- Verify clause, and will be required to use the E- Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E- Verify clause, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. Page 10 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New Businesszj,, c E-Verifv- Company ID Number: 366794 D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E- Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E- Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E- Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 11 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New Business,7,, c E-Verifv Company ID Number: 366794 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. Employer Research Data Services, Inc. Walter Kla es Name (Please Type or Print) lectronicall Signed Title 10/22/2010 Signature Date Department of Homeland Security — Verification Division SCIS Verification Division Name (Please Type or Print) Electronically Si ned Title 10/22/2010 Signature _ Date Information Required for the E- Verify Program Information relating to yo ur Compan._ Company Name: Research Data Services, Inc. Company Facility Address: 825 Henderson Boulevard Suite 300 Tampa, FL 33629 Company Alternate Address: Couinty or Parish: HILLSBOROUGH Employer Identification Number: 92042612 Page 12 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New Businesss7; c E-Verifv. Company ID Number: 366794 North American Industry Walter J Klages Classification Systems (813) 254 - 2975 Fax Number: (813) 254 - 2986 Code: 541 Administrator: Anne E Wittine Number of Employees:_ 10 to 19 Number of Sites Verified research @klagesgroup.com for: 1 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Walter J Klages Telephone Number: (813) 254 - 2975 Fax Number: (813) 254 - 2986 E -mail Address: research @klagesgroup.com Name: Anne E Wittine Telephone Number: (813) 254 - 2975 Fax Number: (813) 254 - 2986 E -mail Address: research @klagesgroup.com Page 13 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify March 28, 2016 New Business 7 -c 136 of 156 co�,le~, co>I�y AdminisErative services DePartrnent Prowroment Services Division 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 Research Data Services, Inc. (as shown on income tax return) Business Name Same (if different from taxpayer name) Address 777 S. Harbour Island Blvd.. Suite 260 City Tampa State Florida Zip 33602 Telephone (813) 254 -2975 FAX (813) 223 -2986 Email WJKlagesiQResearchDataLLC.com Order Information Remit/ Payment Information Address Same Address Same City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) Individual / Sole Proprietor X Corporation Partnership _Tax Exempt (Federal income tax- exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) C 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) 59- 2042612 (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contrail) 4. Sign and Date Form Certification: Under penalties pe dify that the information shown on this form is correct to my knowledge. Signature Date February 1. 2016 Title Pr i n Phone Number (81312542975 16 -6563 TDC Research Services 35 March 28, 2016 New Business 7 -c � 137 of 156 collier CoH.nty Administrative Services Department Procurement Services Division 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 $100,000 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/endor /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 ContractorNendor /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 ❑ 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. ❑ Pollution $ Per Occurrence $ Per Occurrence ® Professional Liability $1,000,000 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 $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate March 28, 2016 New Business 7 -c 138 of 156 ❑ Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty / Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 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 Mond 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 bome 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. RLA 1/6/2016 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 Research Data Vendor Signature Print Name Walter J. Date February 1, 2016 Insurance Carlock & Associates Insurance NC (liability and Workers Comp) / Lovinger Insurance (Auto) Agency Agent Name Steve Poole / Lynne Lovinger Telephone Number (239) 549 -0221 / (813) 256-8909 16-6563 TDC Research Services 37 March 28, 2016 New Business 7 -c 139 of 156 Research Data Services, Inc. 777 South Harbour Island Boulevard Suite 26o Tampa, Florida 33602 Phone: (813) 254 -2975 Fax: (813) 223 - 2986,, www.ResearchDataLLC.com CO U CO T LO O � T N U) o 0 N C O .0 7 T cc o0 Z E O LL 0 Y c a c w � c m E u t N m_ CL m D '30 ayi 0),5 V M C m L •1,m+ (� a' E m m E 'mo N 3 U o Ln O c co U U O m a O d LL !_+ U (A w O N m N m CD E � U C O y E CD X N C L — C m O C O O � U O 0 ` O a O a� L EU m E O a) U L of m w a C � Qa a C C 0) m ccn a c .m+ mU m E `0 LL T Y C c m CD a a � c CLm a) a -o O C U U 3 ai i .L- a) E E o mU E c N .O U E m O U CU C O O U > a) 'O � C cn m .. w O. 0) c m. m a) O 0 N N _m � U � ur m � =o c co m 0 m m m E > L L C .L. O T a-. m m C N C jn O O N 75 N L O cu O N O in O Eaa>ia m > m E Y (D O C 0 m E m E vi c L U O 0) L m m E 75 E N O m :3 L T °- E m o 0 L O` N a O m a C dO U) m cn y c_ - m a 0 'co O O O C � a�>O c m O -C .O E' - "ia E m o E E L o p C C IL O ys-o-o O O y C m C O C L U O � (D U O NU p� U) C O C a CL C N m D .m N Y E io N m U O O inmaa m _ a 4) Min d c > a E a E O L c o N N C O U ._ m O = O. O. in o c T rn m is 3 0) 0 -0 O o a v t - aSQao'i r �_ O m O .0 m °ti::sa y N U a m a m O O m > d w 0 a` J U QC/ v C i d O da as of E d O C U 7 iO to i� cr N C 'v LO o N T a fL x- w E N h- o N y of y F- X O wa I-- N O d V U r d _r_ .O F O CL � =ate H CO CL m y U C � m Z U) IM, " (7 o y m C _" 3 m ' O a> O w O L y _m ch m O a as o m a- -0 p) CD C E C O y LL CD Y m C m L m O L 'O 3 c E r= OU w � f0 O O Y C `o T.S a m tm C � m .E O �U 0 CU 7 � > U) C_ m T w E 0 O c m 3 QD .0 O CD 0 CU m E L � LO c I6 c 01 March 28, 2016 New Business 7 -c 141 of 156 A G R E E M E N T #16-6563 for Tourism Research Services THIS AGREEMENT, made and entered into on this day of 2016, by and between Research Data Services, Inc., authorized to do business in the State of Florida, whose business address is 777 South Harbour Island blvd, Suite 260, Tampa, FL 33602, (the "Contractor ") and Collier County, a political subdivision of the State of Florida, (the "County "): WITNESSETH: 1. CONTRACT TERM. The contract shall be for a one (1) year period, commencing on May 1, 2016 and terminating one (1) year from that date. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for four (4) additional one (1) year periods. The County shall give The Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 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 180 days. The County Manager, or his designee, shall give The Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Tourism Research Services in accordance with the terms and conditions of RFP #16 -6563, Exhibit A - Scope of Services, and the Contractor'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, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement an estimated annual amount of one hundred twenty thousand eight hundred dollars ($120,800.00), based on the prices set forth in the Contractor's proposal, subject to Change Orders as approved in advance by the County. Payments shall be made to the Contractor in the form of monthly lump sum payments (lump sum is further defined in Section 3.1 Price Methodology) in the amount of ten thousand sixty-six dollars and sixty-seven cents ($10,066.67) plus travel and Page 1 of 16 Agreement #16 -6563 "Tourism Research Services" 0�� March 28, 2016 New Business 7 -c 142 of 156 reimbursables (out -of- pocket expenses) not -to- exceed six thousand dollars ($6,000.00) per year. 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 ". 3.1 Price Methodology. Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the Contractor; and, as a business practice there are no hourly or material invoices presented, rather, the Contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 3.2 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or federal requirements and /or codes and ordinances applicable to Contractor's performance of the work as related to the project. This list is not deemed to be all- inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Contractor fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Contractor. The County may also deduct or charge the Contractor for services and /or items necessary to correct the deficiencies directly related to the Contractor's non - performance whether or not the County obtained substitute performance. 3.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 3.4 Travel and Reimbursable Expenses. Travel and Reimbursable Expenses (out of pocket expenses) must be approved in advance in writing by the County. Travel expenses shall be reimbursed at actual cost in accordance with Collier County Resolution No. 2006 -40 "Travel Expenses for Persons Conducting Official Tourism Business" and §125.0104, Fla. Stat. Contractor's travel time will be included in the monthly service fee. Reimbursable items (out of pocket expenses) other than travel expenses shall be include but not limited to; telephone long - distance charges, fax charges, parking fees, reasonable commercial transportation, reasonable gratuities, taxes, tolls, entertainment, location rental and catering for events, photocopying charges, shipping and postage. Reimbursable items will be paid only after Contractor has provided all Page 2 of 16 Agreement #16 -6363 "Tourism Research Services p�, J March 28, 2016 New Business 7 -c 143 of 156 receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 4. SALES TAX. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85- 8015966531C -2. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Research Data Services, Inc. Attn: Walter J. Klages, Ph.D., President 777 South Harbour Blvd., Suite 260 Tampa, FL 33602 Telephone: 813- 254 -2975 Facsimile: 813 -223 -2986 Email: WJKlages@KlagesGroup.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239 -252 -8407 Facsimile: 239 - 252 -6480 The Contractor 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. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Page 3 of 16 Agreement #16 -6563 "Tourism Research Services" CAS March 28, 2016 New Business 7 -c 144 of Payment for all such permits issued by the County shall be processed internal l'% y y the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor 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 Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor 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 Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor 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 Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor 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, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor 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 Contractors; Products and Completed Operations and Contractual Liability. Page 4 of 16 Agrcxemen1 #16 -6563 "Tourism Research Services" CAO' March 28, 2016 New Business 7 -c 145 of 156 B. Business Auto Liability: Coverage shall have minimum Lmits 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 Iaws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. D. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not Iess 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 Contractor during the duration of this Agreement. The Contractor 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. Contractor 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shah 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 Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential Page 5 of 16 Agreement #16 -6563 "Tourism Research Services" CCU March 28, 2016 New Business 7 -c damages, or economic loss, to the extent caused by the negligence, reCK essness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor 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. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, 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 Contractor. Contractor's obligation to indemnify and defend under this Article 12 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered by the Collier County Tourism Department, on behalf of the Naples, Marco Island, Everglades Convention and Visitors Bureau (CVB). 14. CONFLICT OF INTEREST. Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. 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: Contractor's Proposal, Insurance Certificate(s), Exhibit A - Scope of Services, Exhibit B - Fee Schedule, RFP #16 -6563 and Addenda. 16. 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. 17. 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, Page 6 of 16 Agreement #16 -6563 "Tourism Research Services" CAi) March 28, 2016 New Business 7 -c 147.9f 156 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. 18. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Contractor 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 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 lave. (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. Page 7 of 16 Agreement #16 -6363 "Tourism Research Services' CAO March 28, 2016 New Business 7 -c 148 of 156 If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 19. 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. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 22. 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 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 Contractor 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. 23. 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. 24. KEY PERSONNEL. The Contractor'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 Contractor shall assign as many people as necessary to complete the services on a timely basis, and each Page 8 of 16 Agreement #16 -6563 "Tourism Research Se CAO March 28, 2016 New Business 7 -c person assigned shall be available for an amount of time adequate4 o°fineet the required service dates. The Contractor 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 Contractor 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. 25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents and /or the County's Board approved Executive Summary, the terns of the Agreement shall take precedence over the terms of all other Contract Documents. 26. ASSIGNMENT. Contractor 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 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 the County. Page 9 of 16 Agreement #16 -6 "Tourism Research Smi A© March 28, 2016 New Bu1siiness 75 -c 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. ATTEST: Dwight E. Brock, Clerk of Courts Dated: (SEAL) First Witness TType /print witness nameT Second Witness TType /print witness nameT Approved as to Form and Legality: �`�ssistant County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Donna Fiala, Chairman Research Data Services, Inc. LIA Signature TType /print signature and titleT Page 10 of 16 Agreement #116 -650 "Tourism Research Services" March 28, 2016 New Business 7 -c Exhibit A 151 of 156 Agreement #16 -6563 "Tourism Research Services" Scope of Services The Contractor, at a minimum, must achieve the requirements of the Scope of Services stated herein. Task la Visitor Profile Study: Commercial Lodging (118/C /C) • The Commercial Lodging Visitor Profile studies will poll and provide the following information to the County. • The number of visitors staying in commercial lodgings, the related direct expenditures and economic impact, lodging occupancy, average daily rates (ADR), and revenue per available room (RevPAR); • Visitor origin numerosity by region, • Transportation modes including airports of deplanement; • Motivations and purpose of trip, including leisure, individual business, and meeting/ conference travel; • Incidence of first time visitation; • Competing Florida destinations considered; • Information used in planning visits to Collier; • Reliance on and usage of the Internet for travel information and /or booking including use of Collier's website. We will also include URL's used to get information and to book travel. Additionally, we will query about respondents' involvement with social media /networking sites and smartphone use; • Length of stay, party size, and party composition; • Satisfaction with trip, word -of- mouth recommendation, and likelihood of repeat visit; • Activities enjoyed in the area, including the Everglades, water tourism, culture, sporting events, etc.; • Average age, age distribution, household income, and occupation categories; • Party budgets by major expenditure categories, including prepaid expenses. The proposed approach provides more accurate and complete estimates of spending because expenditures are itemized within major budget categories to aid respondent recall. Budgets will be further validated by post visitation responses; • Exposure to the area's promotional messages and their impact on destination visitation; • Influential motivators that attract visitors to the Naples, Marco Island, Everglades area; • Primary international origin markets of interest; • Visitor generated input reflecting the destination's brand image (open ended destination attributes); Page 11 of 16 Agreement #16 -6563 .1, "Tourism Research Services "C r.-. March 28, 2016 New Business 7 -c 152 of 156 Tourism industry employment statistics within Collier County; Third party reports for economic trends, competitive destination group/ meeting impacts. Task lb Visitor Impact Study: In Home (V F/R) information, and In -home visitor profile will be developed by means of a systematic random sample Internet survey of a minimum of 384 Collier County households, with a telephone -based control group. The results of the will be reported in tandem with the Commercial Lodging Visitor Profile data as part of the annual Value of Tourism report. The reports and presentations will detail: • The number of visitors staying with friends and relatives in Collier County; • Estimated expenditures; • In -Home visitor's economic impact on Collier County. Task lc Visitor Impact Study: RWonal(Day- Tripper) Throughout a typical year, the County attracts visitors from a regional area within an approximately 50 mile radius of the destination. Such visitors are referred to as "day - trippers." By definition, day - trippers do not spend the night in Collier County. However, day - trippers do use County assets such as public transportation, parks, parking facilities, beaches, causeways, piers, restaurants, retail facilities, entertainment venues, etc. To capture and quantify the numerosity and related value -added of this visitor segment requires an annual Internet -based study conducted with a random cross section of regional households (minimum sample size 384), with a telephone -based control group. The Contractor will obtain a random sample of email addresses of non - Collier residents located within the ZIP codes defined by a 50 mile radius of the County from a highly reputable national sampling company. The results of the Day - Tripper Research will be reported with the annual Value of Tourism findings. The report will detail: • Numerosity; • Estimated expenditures; • Economic impact. Task 2: Hotel Occupancy and Average Daily Rate Study_ Monthly survey of hotels will be performed to determine Occupancy, ADR, Rev Par, Room Demand, Number of Visitors, Visitor Spending, Visitor Economic Impact, Hotel Room Nights. Other information provided will include: Page 12 of 16 Agreement #16 -6563 .a7 "Tourism Research Services" � March 28, 2016 New Business 7 -c 153 of 156 • Location of property; • Property type; • The property's total number of lodging units and number of units in the rental pool for the current research month; • Average occupancy and ADR for the prior month, as well as current occupancy trending; • Average party size and guests per room; • Distribution of guests by geographic origin and purpose of trip (i.e., business, meeting /group, leisure, etc.); • Current levels of reservations and three month forward business level expectations. Task 3: Impact of Tourism Study The purpose of the proposed Value of Tourism Study is to develop an up -to -date assessment of the impact of tourism on the economy of Collier County. The Value of Tourism analysis will tie together data from our Visitor Profile (Commercial Lodging, In- Home /V F /R, and Day- Tripper), Occupancy Research, and salient secondary information (i.e., sales tax collections, resort tax collections, NAICS data on employment and wages, etc.) An annual in -depth Value of Tourism report will be provided based on multiple data inputs that will estimate and detail: • The seasonal and annual volume of overnight visitors to the Naples, Marco Island, Everglades area by geographic origin, nationality, transportation mode, and visit motivation; • The budget of the typical visitor party by key demographic variables, including spending at hotels, restaurants, shopping, attractions, and gas stations; • The proportion of taxable retail sales generated by visitors; • The sales tax, gasoline tax, and local option taxes contributed by visitors and the related savings to Collier County residents; • Additional employment generated by tourism in the Naples, Marco Island, Everglades area by sector of the economy and tourism related wages; • Visitor expenditures by sectors of the economy (i.e., restaurants, hotels /motels, etc.). Task 4. Inquiry Conversion Study Annual report of random sampling of inquiries for information from toll free number and web site, and direct inquiries to ads. The primary purpose of the conversion research is to assess: • How and why visitors decide on their visitation targets; Page 13 of 16 Agreement #16-6" +�� "Tourism Research Services' fl March 28, 2016 New Business 7 -c • Consumer motivations involved in seeking destination information an ma156 g an inquiry relative to household travel planning; • The proportion of inquiring consumers familiar with the Naples, Marco Island, Everglades area; • The brand perceptions and location identification current among travel parties who seek information from the CVB; • The proportion of information seekers with prior Collier visitation experience; • The proportion of inquiring parties with firm Naples, Marco Island, Everglades area reservation commitments prior to inquiry; • The proportion of inquirers who at the time of the survey had already completed the planned trip to Collier, their motivations, levels of satisfaction, and planning decisions; • The proportion of inquirers who are still planning to take their trip to Collier at the time of survey contact, their motivations and planning decisions; • The proportion of consumers who did not take a trip to Collier, but visited competing destinations, their motivations, experiences, and planning horizons; • The proportion of people who did not take a trip and are not currently planning to travel; • The role and effectiveness of advertising in directing travelers to the Naples, Marco Island, Everglades area; • Details of other social networking and consumer generated media sources consulted (i.e., Facebook, Twitter, blogs, TripAdvisor, discussion boards, YouTube, etc.); • A profile of competing destinations defined by inquiry respondents, identifying those factors that differentiate these places from the Naples, Marco Island, Everglades area as a destination. Task 5: Focus Group Research Qualitative research on an as needed basis to measure or test the following: • Rate Iatent consumer motivations and attractability factors that prompt visitation among core markets. • Obtain a measure of images and preferences for the Naples, Marco Island, Everglades area as a destination, vis A vis the destination's primary competitors. • Quantify the visitation generation effect of area attractions and events. • Determine how well advertising and promotional materials "sell" and persuade consumers to visit the destination. • Test and rate the effectiveness of new creative concepts and positioning platforms. • Explore the effectiveness of the destination's brand identity among its core visitor markets. • Test consumers' reactions to websites, their messages and usability. • Assess awareness of the area as a potential venue for group and meeting business in the meeting planner community. Page 14 of 16 Agreement #16 -6563 a� "Tourism Research Services" o March 28, 2016 New Business 7 -c The Contractor will implement four (4) domestic or international focus groups each year as part of the research contract. The summary reports for these groups will include an executive summary of the findings and detailed tabulations of the results of the sessions. Markets targeted for qualitative research will be determined in consultation with CVB staff. Special Projects Collier County reserves the right to task the Contractor to perform services that are deemed necessary to be performed as "Special Projects ", which are related to the services outlined herein, but which are not specifically set out in this Agreement. All Special Projects must be approved in advance in writing by the County. Payment for Special Projects shall be in accordance with the hourly rate identified in Exhibit "B ", together with any properly pre - approved Travel and Reimbursable Expenses as defined in this Agreement. The County reserves the right to order such services from the Contractor as may be required during the contract period, but does not guarantee any minimum or maximum services to be ordered during the contract period specified. Task assignments shall be at the sole discretion of the County as directed by the Tourism Director. Page 15 of 16 ,113 Agreement #1 "Tourism Research Services March 28, 2016 New Business 7 -c Exhibit "B" 156 of 156 Agreement #16 -6563 "Tourism Research Services" Fee Schedule Total Core Research Program Tasks 1 through 5 Estimated Annual Fee $120,800.00 to be paid in equal monthly amounts of $10,066.67 plus travel and reimbursables (out -of- pocket expenses) not -to- exceed six thousand dollars ($6,000.00) per year. Hourly billing rate for Special Projects is $150.00 and is applicable to Time and Materials projects only. Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the Consultant 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back -up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 16 of 16 Agreement X116 -6563 0 "Tourism Research Services" Number of Task Task Description Surveys Methodology la Visitor Profile Stud Commercial 150 /month In person, face -to -face and post Lodging (H /M /C7c) visitation surveys 1b In -Home (V F /R) 384 /year Internet with telephone control 1c Regional (Day- Tripper) 384 /year ...group Internet with telephone control group 2 Hotel Occupancy and 80 /month Internet /email, fax, telephone, Average Daily Rate Stud and/or in-person 3 Impact of Tourism Study N/A Part of visitor profile and occupancy research 4 Inquiry Conversion Study 384 /biannually Internet with telephone control group 5 Focus Group Research 8 -10 groups Internet and telephone Total Core Research Program Tasks 1 through 5 Estimated Annual Fee $120,800.00 to be paid in equal monthly amounts of $10,066.67 plus travel and reimbursables (out -of- pocket expenses) not -to- exceed six thousand dollars ($6,000.00) per year. Hourly billing rate for Special Projects is $150.00 and is applicable to Time and Materials projects only. Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the Consultant 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back -up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 16 of 16 Agreement X116 -6563 0 "Tourism Research Services" March 28, 2016 New Business 7 -d 1 of 162 EXECUTIVE SUMMARY Recommendation to award REP 15 -6520 for Tourism Public Relations Services to Lou Hammond and Associates and recommend approval of the County Attorney approved contract with a finding that this expenditure promotes tourism. OBJECTIVE: To award RFP 15 -6520 for Tourism Public Relations Services to the successful bidder, Lou Hammond and Associates. CONSIDERATIONS: RFP 15 -6520 for Tourism Public Relations Services was publicly advertised on October 15, 2015. Email notices were sent to 591 firms with 56 requesting full solicitation packages. Seven responses were received by the due date of November 5, 2015. No responses were found to be non responsive. A selection committee met on December 11, 2015 to review the proposals. By consensus of the members, the following firm is recommended to the Board along with the attached contract: Lou Hammond and Associates, New York, NY Lou Hammond and Associates will provide a full range of Public Relations services as outlined in Exhibit "A" of the attached Agreement # 15 -6520 including an annual PR plan, developing specific destination story ideas to media and travel journalists, develop an annual calendar of promotional topics, handle all journalist inquiries for destination information, create and distribute periodic newsletters, organize familiarization visits of journalists to the destination, create and implement a social media campaign to media and journalists and monitor and report press coverage of the destination. FISCAL IMPACT: Funds in the amount of $132,000 for the monthly service fee, plus $19,992.00 for out of pocket expenses, for a total annual cost of $151,992 is available in the Board approved Tourism Division FY 16 budget in fund 184, Contractual Services. 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: To recommend award of RFP 15 -6520 for Tourism Public Relations Services to Lou Hammond and Associates and recommend approval of the County Attorney approved contract with a finding that this expenditure promotes tourism. PREPARED BY: Jack Wert, Tourism Director Attachments: Bid Document; Lou Hammond & Associates Bid response; Bid Tab Sheet, Contract. March 28, 2016 New Business 7 -d 2 of 162 REQUEST FOR PROPOSAL co wr county Adm €nistrabve Services DepatTlent Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 15 -6520 Tourism Public Relations Services Adam Northrup 239 - 252 -6098 (Telephone) 239 - 252 -6302 (Fax) adamnorthrup @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. Prawn nt9enmesElmsion - 3327 Tamiami Trail East - Naples, Florida 34112 -0901 • 239-2528407- www. colliergov .neUprocurementservices March 28, 2016 New Business 7 -d 3 of 162 Table of Contents LEGALNOTICE ................................................................................................................................... ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................ ............................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS ............................................................................................ .............................13 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................... .............................17 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............................................................. .............................21 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT .................................................................. .............................30 ATTACHMENT 2: VENDOR CHECK LIST ................................................................................................ .............................31 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................... .............................32 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................... .............................33 ATTACHMENTS: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................... .............................35 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION .............................................................. .............................36 ATTACHMENT 7: VENDOR SUBSTITUTE W - 9 .................................................................................... .............................37 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................... .............................38 ATTACHMENT 9: REFERENCE QUESTIONNAIRE ................................................................................... .............................40 March 28, 2016 New Business 7 -d 4 of 162 coler c0114Kty Administrative Services Department Procurement Services Division Legal Notice Sealed Proposals to provide Public Relation Services will be received until 3:00PM Naples local time, on 11/05/2015 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 15 -6520 — Public Relations Services Services to be provided may include, but not be limited to the following: A full service public relations support program. No pre - proposal conference will 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/purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on 10/15/2015. Pmuomert5emces Depa at- 3327 Taraiami Trail East • Naples. Flonda 34112-4901 • w .colfergov.nellpurchasing March 28, 2016 New Business 7 -d 5 of 162 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Tourism Division (hereinafter, the "Division "), the Collier County Board of County Commissioners Procurement Division (hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. The terms contractor, vendor, proposer and bidder are used interchangeably throughout this document. Brief Description of Purchase The County is interested in receiving proposals from vendors to develop and deliver public relations services. Background The Collier County Tourism Department, on behalf of the Naples, Marco Island, Everglades Convention and Visitors Bureau (CVB), the official tourism marketing and management organization for Collier County, Florida, is issuing this request for proposal (RFP). The CVB is the marketing arm of the Tourism Division within Collier County government and is the official Destination Marketing Organization (DMO) for the region. Awarding of the contract will be in compliance with all rules and statutes applicable to the awarding of contracts by Collier County government, as administered by its Procurement Division. The CVB seeks a public relations firm to provide a tourism destination public relations support program. The details of the assignment and the requirements for submission are listed below in the Detailed Scope of Work. The Naples, Marco Island and the Everglades region of Southwest Florida has been successfully branded through a marketing campaign for the past ten years as Florida's Paradise Coast.. This destination has elements of distinction which differentiate it from the rest of Florida and from other competing coastal destinations both domestically and internationally, along with highly rated vacation amenities that include beaches, resorts, hotels, golf, fishing, shopping, dining, nature and outdoor recreation, and relaxation. The goal of the CVB's current and future public relations effort is to position a clear and distinct identity for this brand in the marketplace, and to greatly extend the message reach of the CVB, which has a relatively modest advertising budget compared to its competitive destination set. Successful public relations activities will result in the placement of quality editorial content in all of the CVB's feeder markets as well as current and future opportunity markets. The assistance of a proactive team of accomplished destination public relations professionals is needed to consistently push out clear, newsworthy and interesting information. The key strategy of escalating regular coverage in U.S. and International domestic consumer and trade publications should ultimately result in increased media coverage that entices both new and repeat visitors to the destination. March 28, 2016 New Business 7 -d 6 of 162 The CVB's in -house public relations team consists of one full time public relations manager, one full time public relations assistant, and a digital /social marketing coordinator. Currently, the high level of incoming requests for information, planning, executing and escorting press familiarization visits within the destination, as well as CVB marketing projects including extensive work on websites, visitor guide, special section supplements, electronic communications, collateral and other key strategic elements, are consuming the majority of the CVB's public relations staff time. The result is that while the destination is a "hot" commodity for coverage by the travel and news media, there is little time to effectively implement a strategic, proactive communications strategy to continually feed new information into the media marketplace. Historically, the County has spent the $176,000 per year on these services. Detailed Scope of Work The CVB's advisory board, the Collier County Tourist Development Council (TDC), along with management at the area's leading resorts and attractions, are pleased with the quality of public relations activity and results currently achieved by the CVB. However, they want more of it and all agree that continued contracted public relations services are necessary to continue to grow the coverage. Public relations efforts have provided a key element in successfully promoting the destination, and are increasingly favored as a smart investment. An ever increasing focus on proactive destination public relations is necessary to enhance the CVB's growing advertising and marketing programs. The assignment for the successful Contractor will be to create and implement an effective out of market media relations strategy that will include but not be limited to the following: 1. Identify a key message topic at least monthly for which an effective news release will be developed and distributed by the Agency to an effective travel media list, highlighting appropriate examples within the destination. 2. Work closely with the CVB PR team to jump on breaking news, trend stories and other relevant news placement opportunities and distribute to relevant travel and news media in a timely fashion. 3. Provide forward thinking creative input to help the CVB stay in the forefront of public relations, content creation, and social media strategies and tactics. 4. Work on special creative assignments as appropriate to include web, video, promotions and other projects that provide valuable content that feeds the PR effort. 5. Specific public relations activities will include: the creation of at least one destination event every fiscal year to inform key travel media about what's new and newsworthy in Naples, Marco Island and the Everglades. Each event will be appropriately themed and targeted to attract top tier media. Destination partners that fit with the event theme will be provided with an opportunity to participate in these events in some fashion, to be determined. Such events may take place in the destination, or in key markets with a high concentration of media, such as New York. Limited budget may be a factor so the CVB is seeking ideas on how to best utilize its time, efforts and dollars to connect with the highest quality media. 6. Destination public relations efforts will center on "big picture" messages and news, but will necessarily involve the mention and promotion of individual resorts, hotels, attractions, tour March 28, 2016 New Business 7 -d 7 of 162 operators, retail establishments, restaurants, museums, etc. as appropriate to effectively illustrate the message. The Public Relations Agency will assist the CVB with researching and compiling new and newsworthy information for the creation of these regular destination releases. The Agency must be willing and able to effectively represent the entire destination as needed. 7. Assist in the creation, production and distribution of a monthly Public Relations e- newsletter to CVB's out -of- market media database to provide a snapshot of what's new in the destination, along with well - developed story ideas and links to local area partner news and events. 8. Assist in the creation, production and distribution of a monthly in- market Partner s e- newsletter to the local area tourism industry and local media with updates on CVB initiatives, visitor research, recognition for area tourism professionals and a snapshot of partner news and events. 9. Support the CVB with work that may include creation of individual media itineraries, creation and implementation of group destination press FAMs, organization of desk side briefings in key media markets as the CVB's schedule permits, response to individual media requests for information, and support with any and all public relations initiatives at the bureau as assigned. 10. Assist the CVB with documenting, measuring and reporting earned media results using a media monitoring service. 11. Recommend Internet -based and social media channel public relations strategies utilizing the latest technologies and practices for creative and effective message dissemination, search engine performance and online penetration. The selection of the correct and targeted media coverage will ensure success in meeting these key objectives: • Generate significant consumer awareness as a luxurious, desirable, safe, interesting, relaxing and compelling destination for short term visitation by both leisure and group /business travelers. • Strategically promote the destination as the first choice of affluent and discerning travelers. • Enhance the Naples, Marco Island, Everglades — Florida's Paradise Coast brand as a symbol of destination excellence. • Increase leisure travel business during the peak winter season. • Increase visitation, both leisure and group, during the slower season period May through December. • Enhance the destination's growing image as a family destination. • Enhance awareness of the destination as a hot spot for culinary travelers. The County intends to pay a flat monthly fee for the services described above. The County will reimburse the proposer for pre- approved airfare, meal and lodging per diem and "out of pocket expenses" according to the County's business travel policy. Airfare, meal and lodging and "out of pocket expenses" shall be paid after submission of receipts or approved documentation; "out of pocket expenses" include, but are not limited to expenses such as: official telephone calls and FAX transmissions, parking fees, reasonable commercial transportation, reasonable gratuities, taxes, shipping fees, tolls, meals and travel expenses for visiting with media, meals and travel expenses for media coming to Collier County, entertainment, location rental and catering for events, etc. Term of Contract The contract term, if an award(s) is /are made is intended to be for an initial term of two (2) years with two (2) one year renewals, at the sole discretion of the County. March 28, 2016 New Business 7 -d 8 of 162 Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 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 10/15/2015 Last Date for Receipt of Written Questions 10/30/2015, 3:OOPM Solicitation Deadline Date and Time 11/05/2015, 3:OOPM Anticipated Evaluation of Submittals Week of 11/16/2015 Vendor Presentations if Required by selection committee Week of 11/23/2015 Anticipated Completion of Contract Negotiations December 1,2015 Anticipated Board of County Commissioner's Contract Approval Date 12/08/2015 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. March 28, 2016 New Business 7 -d 9 of 162 1. Tab 1, Cover Letter / Management Summary 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 your proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. 2. Tab 2, Proposer's Solution to County's Requirements (30 points) How does your firm intend to increase the Collier County Brand. Include the following: • Describe your philosophy on targeting various journalists with publications, broadcast outlets, and niche markets like cuisine, golf, weddings, eco, fishing, major target market segments of leisure travel, group meetings and sports events. • How does your company intend to meet or exceed each of the County's requirements identified in the RFP's Detailed Scope of Work, items 1 — 11, (page 5 -6). • Provide at least two samples of work product completed for a similar client on tourism destination public relations and marketing experience. • Provide at least one sample of a "break- through" and innovative approach tourism destination public relations and marketing experience. 3. Tab 3: Proposer's Experience and Capacity (20 points) Demonstrate key parts of your firms experience that makes you uniquely qualified to perform these services for the County, including: • Indicate your thoughts and philosophies on destination public relations and site examples of how you positioned other destination marketing organization clients, the challenges you faced and the ways you overcame those challenges in delivering those strategies. • 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. Please detail contributions that the team members have made these projects, and how their contributions were measured. • Describe how you handle crisis management and fast breaking negative media attention. With respect to this, why is your firm better at handling these situations than your competitors? 4. Tab 4: Proposer's Team Members Assigned to County's Scope of Work (20 points) Identify the proposed account manager if you are awarded the Collier County Account. Include resume and detailed list of career accomplishments. Additionally, provide responses to the items listed below in the format identified. 1. Number of years the project manager has in a leadership role in the public relations industry. March 28, 2016 New Business 7 -d 10 of 162 2. Number of governmental accounts managed by the Team proposed account manger over the two year period. Vendor ABC (1/1/12- 12/31/14). 20 3. Number of proposer's fulltime equivalent staff (including 18 the account manager) assigned to the County's scope of Vendor GHI work in this RFP. 15 • Attach resumes of all staff assigned to our account. 10 4. Number of other accounts to be managed concurrently by the account manger should this firm receive an award to this RFP. TOTAL add 1 + 2 + 3, then subtract 4 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 create a ranking from highest Total to the lowest total. Information not provided by the vendor in this format shall receive a score of zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest Total price. • The next highest Total will be divided into the highest Total which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's Total score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Team Points Awarded Vendor ABC 24 20 Vendor DEF 18 15 Vendor GHI 18 15 Vendor JKL 10 8.3 5. Tab 5: Cost of Service (15 points) The County intends to pay a flat monthly fee for the services described above. The County will reimburse the proposer for travel on our behalf. Pre approved airfare, meal and lodging per diem shall be paid with submission of receipts or approved documentation. All Travel shall be paid per Florida Statute 112.061. "Out of pocket expenses" include, but are not limited to expenses such as: official telephone calls and FAX transmissions, parking fees, reasonable commercial transportation, reasonable gratuities, taxes, shipping fees, tolls, and travel expenses for visiting with media, meals and travel expenses for media coming to Collier County, entertainment, location rental and catering for events, etc. Provide the following information in the format below: March 28, 2016 New Business 7 -d 11 of 162 Flat Monthly Fee for All Services (10 of 15 Points) 1. Provide a "flat monthly fee" to provide all of the services outlined in this RFP. Note: this "flat monthly fee" will be firm for the initial term of $ the contract. (per month Monthly Out of Pocket Expenses (5 of 15 Points) 2. Provide a project maximum "monthly out of pocket expenses" to cover associated expenses with the services of this RFP $ (per month) Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • Flat Monthly Fee for All Services: The County shall create a ranking from lowest Total to highest Total by vendor. Items marked with an N/A (or similar notation will be given the score of zero (0)). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the lowest Total. • The next lowest vendor's Total will be divided by the lowest vendor's Total 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. • Monthly Out of Pocket Expenses: The County shall create a ranking for this item from the lowest Total to highest Total by vendor. Items marked with an N/A (or similar notation will be given the score of zero (0)). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the lowest Total. • The next lowest vendor's Total will be divided into the lowest vendor's Total 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. • The Vendor's points from Section A and B will be added together to determine the number of points assigned to this criteria • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Flat Monthly Flat Fee for All Monthly Monthly Out of Monthly Out Vendor Services Fee for Pocket of Pocket Total Points Name Total All Expenses Total Expenses Awarded (lower is Services (lower is more Points more Points positive) Awarded positive ) Awarded Vendor 4,200 10 240 5 15 ABC Vendor 5,350 7.9 265 4.5 12.4 DEF March 28, 2016 New Business 7 -d 12 of 162 Vendor 6,200 6.8 282 4.3 11.1 GHI 435 4.9 Vendor GHI 425 4.8 Vendor 10,000 4.2 345 3.5 7.7 JKL 250 2.8 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 members may, at their sole discretion, modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab 6, References (5 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 (see Attachment 9) 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. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Vendor Total Reference Score Points Awarded Vendor ABC 445 5 Vendor DEF 435 4.9 Vendor GHI 425 4.8 Vendor JKL 385 4.3 Vendor MNO 385 4.3 Vendor PQR 250 2.8 Note: Sample chart reflects a 20 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 March 28, 2016 New Business 7 -d 13 of 162 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. 4. Tab 7, 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. 5. Tab 8, 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 Exhibit II: General RFP Instructions 1. Questions March 28, 2016 New Business 7 -d 14 of 162 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:OOPM, Naples local time, on or before 11/06/2015 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 March 28, 2016 New Business 7 -d 15 of 162 Attn: Adam Northrup, Procurement Strategist 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 six (6) disks (CD's /DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. 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 March 28, 2016 New Business 7 -d 16 of 162 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), 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, Proposer's Solution Tab III, Experience and Capacity of Firm Tab IV, Team Members Assigned to County Tab V, Cost of Service Tab VI, References Local Vendor Preference TOTAL 30 20 20 15 5 10 100 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. March 28, 2016 New Business 7 -d 17 of 162 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. March 28, 2016 New Business 7 -d 18 of 162 Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and /or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and /or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and /or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and /or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and /or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non - conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production March 28, 2016 New Business 7 -d 19 of 162 and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or 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 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 the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause March 28, 2016 New Business 7 -d 20 of 162 beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be March 28, 2016 New Business 7 -d 21 of 162 associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. March 28, 2016 New Business 7 -d Exhibit IV: Additional Terms and Conditions for RFP 22 of 162 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 March 28, 2016 New Business 7 -d hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to Q M1062 extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County 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. 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. 5. 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. 6. 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. March 28, 2016 New Business 7 -d The County's project manager, shall coordinate with the Vendor / Contractor the return of a2rAA1Wlus assets, including materials, supplies, and equipment associated with the scope or work. 7. 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: bccapclerk(a_collierclerk.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. March 28, 2016 New Business 7 -d In instances where the successful contractor may owe debts (including, but not limited 48 WE 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. 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. 8. 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. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. 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. March 28, 2016 New Business 7 -d 26 of 162 10. 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. 11. 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 responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. 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. 13. 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. 14. 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. 15. 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.org /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. March 28, 2016 New Business 7 -d 27 of 162 16. 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. 17. Survivability Bids (ITBs /RFPs): The Consultant/Contractor/Vendor agrees that any Work Order /Purchase Order that extends beyond the expiration date of Solicitation 15 -6520 — Public Relations Services resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order /Purchase Order. 18. Protest Procedures Any prospective vendor / 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. 19. 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. 20. 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 March 28, 2016 New Business 7 -d that shall provide services to the County under this Agreement. This may include, but not MrMd 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. 21. 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. 22. 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 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. 23. 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. March 28, 2016 New Business 7 -d For additional information regarding the Employment Eligibility Verification System (E- Verifyy'} Wr65 ?am 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 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. 24. 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 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. 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 11 B.2 (which are subject to Section 287.055, F.S.) and subsection 11 B.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. March 28, 2016 New Business 7 -d Failure on the part of a vendor to submit this Affidavit with their proposal response MR, 162 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. March 28, 2016 New Business 7 -d 31 of 162 cols coHnty Administrative Services Department Procurement Services Division 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 15 -6520 — Public Relations Services 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 March 28, 2016 New Business 7 -d 32 of 162 coyer C'Om ty Administrative Services Department Procurement services Division 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: Adam Northrup, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation 15 -6520 and Due Date 11/06/2015. ❑ 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 March 28, 2016 New Business 7 -d Co 33 of 162 7er County Administrative Services Department Procurement Services Division 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 20 by identification Notary Public My Commission Expires day of , who is personally known to me to be the for the Firm, OR who produced the following March 28, 2016 New Business 7 -d 34 of 162 C�.•o�, per County Administrative Services Department Procurement Services Division Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 15 -6520 — Public Relations Services 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: 15 -6520 — Public Relations Services . (Proposal Continued on Next Page) 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 March 28, 2016 New Business 7 -d PROPOSAL CONTINUED 35 of 162 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 March 28, 2016 New Business 7 -d 36 of 162 corer county Administr M Services Depaftent Procurement Services Division Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 15 -6520 — Public Relations Services (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: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Title: 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) March 28, 2016 New Business 7 -d 37 of 162 Coder Couxty Administrative Services Department Procurement Services Division Attachment 6: Immigration Affidavit Certification Solicitation: 15 -6520 — Public Relations Services 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 Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration (Type of Identification and Number) as identification. 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. March 28, 2016 New Business 7 -d 38 of 162 ca ,er cauHty Administrative Services DepaAment Procurement Services Division 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 _Corporation (as shown on income tax retum) _Tax Exempt (Federal income tax - exempt entity Business Name under Internal Revenue Service guidelines IRC (if different from taxpayer name) 501 (c) 3) 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, 1 certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number March 28, 2016 New Business 7 -d 39 of 162 Gofier County Administrative Semms Department Procurernent Services Division 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 $500,000 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 $ 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 ❑ 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 $500,000 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 per claim and in the aggregate March 28, 2016 New Business 7 -d • $1,000,000 per claim and in the aggregate 40 of 162 • $2,000,000 per claim and in the aggregate ❑ 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 10/2/2015 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 Vendor Signature Print Name Insurance Agency Agent Name Date Telephone Number Coder County Administrative Services Department Procurement Services Division Attachment 9: Reference Questionnaire Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: Email: (Evaluator completing reference questionnaire) FAX: March 28, 2016 New Business 7 -d 41 of 162 (Evaluator's Company completing reference) T 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: Project Budget: Change Orders - Dollars Added : Completion Date: Project Number of Days: Change Orders - Days Added: Item Citeria Score 1 Ability to manage the costs (minimize change orders to scope). 2 Ability of team members to work with your organization. 3 Quality of news releases about your destination. 4 Ability and quality of message created about your destination. 5 Professionalism of project manager and ability to manage personnel. 6 Project administration (completed news releases, final product turnover; invoices etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to handle crisis management and fast breaking negative media attention. 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 March 28, 2016 New Business 7 -d 42 of 162 14i Lou Hammond &Associates 900 Third Avenue New York, NY 10022 212.308.8880 www.louhammond.com November 2015 145 King Street 231 Majorca Avenue Charleston, SC 29401 Coral Gables, FL 33134 843.722.8880 561.655.3836 March 28, 2016 New Business 7 -d 43 of 162 1. MANAGEMENT SUMMARY Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 2 March 28, 2016 L4 New Business 7 -d 44 of 162 Lou Hammond & Associates An integn atcd marketing communications conipam November 5, 2015 Collier County Government Purchasing Department 3327 Tamiami Trail E Naples, FL 34112 Attn: Adam Northrup, Procurement Strategist Dear Mr. Northrup: Thank you for providing Lou Hammond & Associates (LH&A) with the opportunity to respond to RFP 15 -6520 "Public Relations Services." Since 2012, LH&A has been proud to serve Collier County on behalf of the Naples, Marco Island, Everglades Convention and Visitors Bureau. In that time together, we have seen unprecedented success working as part of an integrated team, with the County reporting record bed tax revenues and rising hotel occupancy rates. During our more than 30 -year history, LH&A has been no stranger to success. We are the indisputable leader in destination PR and marketing. Our blue chip client roster is the finest in the industry with brand leaders, such as Florida's Paradise Coast, representing a wide range of hospitality and lifestyle categories. As an agency, we've been honored with more of the Hospitality Sales and Marketing Association International's (HSMAI) prestigious Adrian Awards than any other entity worldwide, including two awards for our work done in partnership with the Naples, Marco Island, Everglades CVB. Our continued work on Collier County's behalf will be designed to stimulate coverage for the destination in targeted media, awareness amongst influencers and consumers and, most importantly, business. The RFP response demonstrates LH&A's qualifications to serve Collier County, including a deep - rooted understanding of your needs based on our unmatched experience. It is our contention that consumer perception and media awareness of the destination can continue to grow. As one of America's most charming and distinctive areas, we'll achieve success for Collier County by focusing on specific audiences and key selling points that help the area stand out amongst domestic destinations. Among these are: Outstanding tourism and quality of life elements including: o Thriving arts and culture o Outstanding culinary scene o Abundant events and activities o World -class shopping o Distinctive outdoor activities, such as fishing, golf and watersports o The people of Collier County as ambassadors Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 3 March 28, 2016 New Business 7 -d 45 of 162 Our plan for Collier County's success focuses on: • Segmentation: Hitting the right audiences with the right messages at the right times. • Fishing where the fish are: Focusing on key geographic markets. • Consistent, steady communication with the media: We will help raise Collier County's voice in the domestic marketplace and provide the media with the story ideas and information they need. • Helping the media experience Florida's Paradise Coast for themselves: We will focus on an aggressive visiting journalist program to bring media to the destination and let them learn why it is a rare gem. Once there, they have to meet the people, and get a sense of the personality and flavor of the destination. If possible, they need access to destination leaders and innovators as key ambassadors. We must get across that Collier County may be one destination that embodies all the elements that make for the perfect place to visit. • Pitch, pitch, pitch: This is the agency's motto and in order for Collier County's PR campaign to be successful, our time must be spent pitching story ideas to those media outlets that are going to best reach the destination's audience. Our job is to "accentuate the positives." In the case of Florida's Paradise Coast, there are plenty. • Beyond a Free Lunch: Organizing media events that focus on quality vs. quantity - providing partners with the opportunity to be exposed to A -list media rather than "fillers." • The Rising Tide Approach: "Lifting all boats" by giving partners the tools they need to succeed through LH&A innovations such as "Hot Tip" media leads, "Value Blasts" and Resource Guides. • Working on a cost - effective basis: our fee is inclusive of out of pocket expenses such as postage, deliveries, long- distance telephone etc. Expenses for elements such as staff and media travel, major events, etc. are billed at cost - we never mark -up or double bill a client. • An Integrated approach: We'll support an integrated digital campaign that complements PR and advertising efforts while creating buzz for the destination. We will execute our campaign for Collier County with an experienced team that is widely considered to be the best in the business. We look forward to continuing to share our passion for Florida's Paradise Coast - a destination we love so much! Sincerely, Terence Gallagher President, LH&A New York Tel: 212 - 891 -0211; Email: terryg@louhammond.com Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 4 March 28, 2016 New Business 7 -d 46 of 162 II. PROPOSERS SOLUTION TO COUNTY'S REQUIREMENTS Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 5 March 28, 2016 New Business 7 -d 47 of 162 Describe your philosophy on targeting various journalists with publications, broadcast outlets, and niche markets like cuisine, golf, weddings, eco, fishing, major target market segments of leisure travel, group meetings and sports events. At LH&A we believe in taking a hyper - personal approach to media pitching and targeting. As part of this effort we: o Nurture personal media relationships on our clients' behalf; this includes a staff incentive program that rewards staffers with vacation trips for meeting with the most media during a quarterly time period • Develop pitches specifically targeted to each individual outlet and journalist by niche • Create pitches that reference the journalist's recent stories and specific section topics - demonstrating we are familiar with them, their outlet and their beats. This is the number one complaint of most journalists - that the PR people pitching them have not taken the time to know them. • Utilize statistics wherever possible to support trends • Employ unobtrusive follow -up; respecting journalist's time, needs - as noted San Francisco Chronicle Travel Editor Spud Hilton says, "If I'm interested, believe me, I will reach out to YOU" On Collier County's behalf, LH&A has lived by the motto "Success through Segmentation" targeting the right journalist, with the right message, at the right time. We will develop an updated 2016 media grid of agreed -upon, targeted outlets for the destination's key niche segments. We will then craft pitch angles and story ideas customized for the audience. Examples include: 'Weddings: Showcase real weddings from couples who agree to share their dream wedding day in Florida's Paradise Coast. • Meetings In conjunction with April's National Stress Awareness Month, position Florida's Paradise Coast as "America's Most Stress -Free Destination for Meetings." Conduct a survey of travelers on what causes them stress in Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 6 March 28, 2016 New Business 7 -d 48 of 162 their lives and provide a sampling of stress reducing packages and treatments from the area's top spas etc. • Cuisine: Highlight Stone Crab season with TV pitches focusing on experts demonstrating the proper way to crack and cook Collier County's incredible stone crabs. • Fishing: Utilize some of Collier County's many top fishing captains to act as expert resources for the media and host a media fam for beginning fishermen to show that Florida's Paradise Coast is the perfect place for any level. We will utilize the segmented media grid to track responses and plan additional tactical outreach such as desksides and media visits. In addition to working on a daily basis with the print media, LH&A implements a proactive campaign aimed at the broadcast media. Agency personnel are constantly researching and reviewing programs on network and cable TV as well as shows in syndication that may be appropriate for our clients. The agency will work with Collier County to target key broadcast outlets. Recent LH&A client national exposure includes ABC's Good Morning America, NBC's Today, CBS Sunday Morning, ABC's The Bachelor," CNN's "Morning Express with Robin Meade," Esquire Network's "The Getaway" and The Weather Channel's "Weather Center Live." As the network shows continue to utilize representatives from top travel media outlets such as Conde Nast Traveler and Travel + Leisure as experts for in- studio trend interviews, LH&A will work closely to provide publicists and editors up -to -date information. How does your company intend to meet or exceed each of the County's requirements identified in the RFP's Detailed Scope of Work, items 1 - 11, (page 5- 6). 1. Identify a key message topic at least monthly for which an effective news release will be developed and distributed by the Agency to an effective travel media list, highlighting appropriate examples within the destination. To achieve maximum success, the media must receive a steady stream of material. However, LH&A believes in the "no spaghetti" approach. That means we don't just send out a press release for the sake of sending out a press release and simply hope it sticks. Instead, we use releases judiciously and try to focus on real news or Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 7 March 28, 2016 New Business 7 -d 49 of 162 offerings that will be of value to the media. For Collier County, we'd ideally like to distribute a release per month with a goal of 12 -18 releases distributed during the year as news dictates. We research, write and distribute releases on news to achieve targeted media coverage based on current trends and priorities to help pave the way for in -depth features. Also press releases are distributed to segmented special- interest media. These tie into specific events, packages, activities, festivals, breaking news and other facets of activities to encourage placement and would be used as the basis for pitches. As part of its overall marketing strategy, the agency focuses on concise, one- to two - page releases issued to highly targeted segments of our extensive media database. Our experience demonstrates that these specialized releases are most effective in generating coverage. Releases are optimized to enhance search engine pickup. All are tweeted through LH&A's handle of 5000+ followers, mainly media. Our suggested 2016 press release timeline includes: January 2016 Calendar of Events, Anniversaries Over - the -top Romantic Offerings February Play & Stay Golf Packages March Spring Fling - Spring Break Ideas for Adults Product Update - What's New for Spring April Learning Vacations - Interactive experiences throughout the destination Secret Beaches for a non - crowded getaway May Navigating Florida's Paradise Coast's Value Season - Hotel Packages June Summer Events July Artistic Escape - Upcoming exhibits at top museums Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 8 March 28, 2016 New Business 7 -d 50 of 162 2. Work closely with the CVB PR team to jump on breaking news, trend stories and other relevant news placement opportunities and distribute to relevant travel and news media in a timely fashion. LH&A will continue to employ a proactive news bureau that is staffed and equipped to respond 24 hours a day if necessary to media inquiries, refer coverage opportunities to the appropriate parties, give advice on trends and developments and provide current information. The agency will liaise with the CVB staff to maximize resources. Actions include: • Handle inquiries, referring to you as necessary • Develop and maintain a fact file, image and multimedia library • Provide current information on all aspects of the destination Research editorial calendars to facilitate placements • Review potential media visits • Alert the media to news, developments and opportunities • Maintain an updated listing of journalists who have interest in Florida's Paradise Coast, continue regular contact to maximize enthusiasm, supplying information as necessary • Provide client with clips of media coverage • Monitor and maintain an Online News Room Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 9 Insider Tips - Chefs favorite restaurants in the area August Outdoor Adventures - From Airboat rides to Swamp Buggy Adventures September Fall Foodie Events Product Update - What's New for Fall October Kick -off of Stone Crab Season November Detox December - Unique Spa Treatments Holidays in Florida's Paradise Coast December What's New for 2017 2. Work closely with the CVB PR team to jump on breaking news, trend stories and other relevant news placement opportunities and distribute to relevant travel and news media in a timely fashion. LH&A will continue to employ a proactive news bureau that is staffed and equipped to respond 24 hours a day if necessary to media inquiries, refer coverage opportunities to the appropriate parties, give advice on trends and developments and provide current information. The agency will liaise with the CVB staff to maximize resources. Actions include: • Handle inquiries, referring to you as necessary • Develop and maintain a fact file, image and multimedia library • Provide current information on all aspects of the destination Research editorial calendars to facilitate placements • Review potential media visits • Alert the media to news, developments and opportunities • Maintain an updated listing of journalists who have interest in Florida's Paradise Coast, continue regular contact to maximize enthusiasm, supplying information as necessary • Provide client with clips of media coverage • Monitor and maintain an Online News Room Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 9 March 28, 2016 New Business 7 -d 51 of 162 In order to be ahead of the trends for our clients, LH&A employs a highly successful agency -wide release program. Ongoing, a release is developed featuring a timely, compelling topic, incorporating news and packages from across our client roster. Media appreciate this information as they feature a cross - section of travel - oriented clients specifically tailored to a particularly theme. These releases have garnered outstanding results and LH&A will continue incorporate Collier County into as many appropriately themed agency -wide releases as possible. Examples include: • Top Cities Around the Country to Celebrate July 4th • Pet - Travel: Domestic Destinations Great for Dogs • Summer like a Star: Luxury Vacation Destinations Each of our staff is well -read and well- informed when it comes to the latest trends. All are assigned leading national and regional newspapers, magazines, websites and broadcast outlets to review on a daily basis and share the resulting information with the entire agency. This practice helps us to be fully aware of what the media is covering and new opportunities. We then share these opportunities with our clients, resulting in outstanding coverage. It is also important to be well prepared in advance to meet media needs. Most major publications schedule feature and roundup stories far in advance and follow an editorial calendar. LH&A obtains these calendars and compiles a master, computerized editorial calendar which reflects client strengths. Each month the agency produces a list of upcoming placement opportunities and deadlines ensuring that clients are properly presented for all opportunities, including special sections relating to Travel, Florida, Events /Festivals, Cuisine, Culture, Events /Festivals, Family, etc. 3. Provide forward thinking creative input to help the CVB stay in the forefront of public relations, content creation, and social media strategies and tactics. Part of being creative is staying current and ahead of the curve. We do this by closely monitoring trends - both within and outside of the travel industry - and not being afraid to try new things. Among the tools we utilize to anticipate new trends and technologies include: i he media - We are voracious consumers of media. This includes valuable industry resources such as O'Dwyer's, The Holmes Report, Advertising Age, Adweek and Skift, as well as outlets such as Bloomberg, CNN, MSNBC, Forbes, Fast Company and more. In Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 10 March 28, 2016 New Business 7 -d 52 of 162 addition, each of our staff is assigned various media outlets to monitor on a daily basis for information that pertains to our clients or impacts our industry - especially including trends. • Industry events - We attend key industry events that feature educational programming such as DMAI, ESTO, TBEX, PRSA, SATW and TMAC. We participate (and often give) seminars and tap into the industry's collective brainpower for the betterment of our clients. • Hammond Digital+ - We stay ahead of the ever - changing digital world through our HD+ division. The HD+ team provides our staff with a daily update on what's trending and also provides our clients with our monthly Digital+ e- newsletter, which arms clients with the information they need to succeed. i hought leadership - Our team consists of published authors and frequent industry speakers, including Lou Hammond herself, who make it their business to know and share their wisdom. Creative culture - LH&A has fostered its creative culture and success with procedures including agency -wide brainstorming that brings the brainpower and resources of the entire company to bear on each individual client. We also have developed an incentive program that rewards staff with trips for showing outstanding creativity (perhaps 2016's incentive trip will be to Collier County!) 4. Work on special creative assignments as appropriate to include web, video, promotions and other projects that provide valuable content that feeds the PR effort. Our agency is always ready, willing and able to jump in and help do whatever it takes to achieve success for our clients. We have strong experience in the development of web content through our Hammond Digital+ division, as well as video production through multi -Emmy award winning production partners. We also employ a full -time creative director who provides world -class graphic arts experience. We have helped organize promotional opportunities for Collier County with media outlets such as "Live with Kelly & Michael" and we will continue to work to develop new partnerships with entities whose audience best match with the destination. These could include fashion designers, retail outlets, media partners and more, 5. Specific public relations activities will include: the creation of at least one destination event every fiscal year to inform key travel media about what's new and newsworthy in Naples, Marco Island and the Everglades. Each event will be appropriately themed and targeted to attract top tier media. Destination partners that fit with the event theme will be provided with an opportunity to Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 11 March 28, 2016 New Business 7 -d 53 of 162 participate in these events in some fashion, to be determined. Such events may take place in the destination, or in key markets with a high concentration of media, such as New York. Limited budget may be a factor so the CVB is seeking ideas on how to best utilize its time, efforts and dollars to connect with the highest quality media. LH&A believes in a philosophy of quality vs. quantity when it comes to organizing successful events. We don't feel we are serving our client's needs by spending large amounts of money to feed B and C -list journalists. Instead, we focus on: ■ Organize worthwhile events where media get NEWS ■ Events structured: no assigned seating, pertinent news delivered, media can flow in /out as needed ■ Central, hot locations - easily accessible, desirable venues in our key markets ■ Two p.m. rule: media time is respected - all luncheons end by 2:00 p.m. at the latest New York City is the media hub of the country. An event provides an opportunity to deliver targeted messages to top -tier media. We suggest hosting a media lunch and maximizing time in the morning and afternoon for media desk - sides. This event would be an excellent opportunity to include CVB partners who could help defray costs by co- opting with the CVB on budget and benefit from the media networking opportunities. We will complete the following: • Secure venue • Plan menus, theme, decor, display materials, etc. • Create and e-mail invitations • Customize invitation lists of all appropriate media contacts • Handle RSVPs; call contacts to ensure maximum attendance • Prepare suggested agendas • Assist with speakers' notes as appropriate. • Make introductions of key journalists to client representatives • Create and track hashtag for event • Attend and supervise all facets of day • Assemble press kits and distribute with memento to all attendees on departure • Provide press kits to journalists unable to attend • Compile reach reports based on attendance • Follow up to encourage coverage after events Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 12 March 28, 2016 New Business 7 -d 54 of 162 6. Destination public relations efforts will center on "big picture" messages and news, but will necessarily involve the mention and promotion of individual resorts, hotels, attractions, tour operators, retail establishments, restaurants, museums, etc. as appropriate to effectively illustrate the message. The Public Relations Agency will assist the CVB with researching and compiling new and newsworthy information for the creation of these regular destination releases. The Agency must be willing and able to effectively represent the entire destination as needed. A destination is more than simply the acres that define a region. To be successful as a destination requires the thoughtful coming together of hoteliers, attractions, festival planners and travel industry partners who have a stake in attracting visitors. Interests may diverge, but it is crucial that those invested in the success of tourism be involved and confident of the marketing strategy. A hallmark of our communication success is that we work closely with a destination's stakeholder partners to help provide a unified approach to increasing tourism and building goodwill. Following is a sampling of tactics LH&A will continue to employ on Collier County's behalf: • Hot Tips We provide a valuable service by providing ongoing "Hot Tip" media leads for placement opportunities. As we are constantly pitching story ideas and receiving requests for information and assistance from prominent media, we craft dedicated correspondence to be sent to individual partners providing them with detailed information on the outlet, the opportunity, deadline and directions on how to respond directly to the agency or to the publication itself. We monitor and support partners as needed and follow up to ensure placement. On average, LH&A provides nearly 40 Hot Tips opportunities to partners per year. • Value Blasts Collier County is included as appropriate in our highly - acclaimed eblast sent to extensive media outlets that offers agency wide value offerings. Additionally, entries are shared via social media to our 5,000+ Twitter followers. Ongoing, this vehicle has generated enormous coverage for our clients, and is often re- tweeted by authoritative outlets. Resource Guides We will prepare and distribute the following resource guides that can be shared with partners: Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 13 March 28, 2016 New Business 7 -d 55 of 162 o 2016 Travel Industry Meeting Booklets A listing of 140 important worldwide travel industry meetings with dates, locations, topics and contact source information 0 2016 Calendar of Holidays This year -long calendar outlines major North American holidays with corresponding deadlines for editorial coverage of related news 0 2016 Hotel /Tourism Award Listings This book is a compilation of more than 60 significant opportunities for hotel /tourism awards and more than 20 surveys. Information provided includes criteria, deadlines and contact names for entries. LH&A will ensure SPONSOR is on key reader's choice poll ballots and alert the client when voting is live • Seminary We propose that LH&A conduct a seminar in which public relations basics and techniques will be thoroughly discussed and questions answered. Appropriate materials, including case studies, will be distributed. Topics covered could include social media and crisis communications. • Support Small Accol odations Partners Smaller partner hotels, B & B's and inns can provide excellent experiences and value. As directed by the CVB, the agency's targeted marketing program will heighten their exposure by developing a bank of these properties and including them in media pitches /releases. We understand their resources can be limited, so every effort will be made to make them an integral part of the program. 7. Assist in the creation, production and distribution of a monthly Public Relations e- newsletter to CVB's out -of- market media database to provide a snapshot of what's new in the destination, along with well - developed story ideas and links to local area partner news and events. LH&A has strong experience in creating monthly newsletters for a variety of clients. These newsletters contain a mix of destination updates, partner news, and promotions, supported by appropriate imagery. We will work with the CVB to create a monthly newsletter for the destination with services including: • Newsletter template design (if needed) story research, writing, editing • Inclusion of photography • Distribution to CVB database, supplemented by the agency's media database Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 14 March 28, 2016 New Business 7 -d 56 of 162 We believe in having a consistency in look and content with regular monthly sections such as a message from Jack Wert, a partner spotlight and, perhaps a guest commentary that can also be rotated amongst industry partners. We recommend utilizing Constant Contact as a creation and distribution service for the newsletter. 8. Assist in the creation, production and distribution of a monthly in- market Partner's e- newsletter to the local area tourism industry and local media with updates on CVB initiatives, visitor research, recognition for area tourism professionals and a snapshot of partner news and events. LH&A will assist the CVB in the creation of the in- market newsletter. It will also be important to stress opportunities for their involvement in the CVB's activities and utilize the newsletter to outline upcoming events and opportunities with deadlines for participation. 9. Support the CVB with work that may include creation of individual media itineraries, creation and implementation of group destination press FAMs, organization of desk side briefings in key media markets as the CVB's schedule permits, response to individual media requests for information, and support with any and all public relations initiatives at the bureau as assigned. Media Visits LH&A subscribes to the belief that seeing is believing, and when it comes to our campaign, we will continue to be aggressive in conducting media visits allowing journalists to experience Florida's Paradise Coast for themselves. The CVB has done an outstanding job in hosting media that LH&A has helped arrange to visit the destination. Once media are in market, they unanimously have a great experience and we have yet to have a journalist return from a trip without raving about the destination. This is a testimony to the destination itself, the tourism partners and the CVB. Over the past three years, Collier County has hosted more than 60 journalists from both national and regional media outlets. This includes both themed group and individual visits. LH&A is very knowledgeable about the media's criteria regarding the acceptance of gratis press trips and has a history of working within the parameters of various publications' policies. Actions include: o Suggest and develop general and special- interest visits Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 15 March 28, 2016 New Business 7 -d 57 of 162 o Coordinate itineraries o Recruit and screen participants o Escort trip and follow up to ensure positive results We will develop a dedicated hashtag to be used by media during group trips to encourage and maximize social media engagement. In addition, a social guide will be created for participants featuring the social contact information, key facts and suggested content for the itinerary. Following the trip, a recap of the social conversation will be provided. In addition to group trips, it has been our experience that individual media visits are favored by many high - profile media and have the added benefit of assuring a personalized experience. We will continue to submit a press request form for each proposed visit opportunity, outlining the journalist's affiliation, audience reach and special interests, including our recommendation and remarks. When the CVB authorizes, the agency proceeds with planning the trip. Upon return, all media are sent a questionnaire requesting input from their experience. These evaluations will be shared with you to better serve future visiting media guests. All media are added to LH&A's Visiting Journalist Program (VJP), which helps us monitor all press trips. We developed this exclusive program to allow us to review productivity and past conduct of each journalist involved in any sponsored hospitality across our client roster. Ongoing, this information helps determine agency recommendations. Int -,-views /Desksides LH&A will organize media interviews /desk -sides as Florida's Paradise Coast executives travel to key markets and as schedules permit. Agency will research media interest, schedule interview, brief interviewee on interviewer's interests and follow up to ensure publication or airing. During the past three years, we have coordinated 26 deskside meetings /interviews for Florida's Paradise Coast based on the client's travel schedule. We would like to take this initiative further in 2016/2017 in multiple markets, such as: • Atlanta • Boston • Charlotte Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 16 March 28, 2016 New Business 7 -d 58 of 162 • Chicago • Dallas • Miami • New York City • Philadelphia • Toronto • Washington, D.C. 10.Assist the CVB with documenting, measuring and reporting earned media results using a media monitoring service. One of the hallmarks of working with LH&A is our company's strong organizational system. We believe strongly that our client should never wonder what we are doing for them - they should be kept informed through regular communications. We also believe that measurement is important, so we work closely with our client partners to determine the measurement criteria that best fits their needs. And while the true measure of our agency's success is a satisfied long -term client, the world of public relations measurement continues to evolve. This means that, though traditional measurement tools, such as audience reach and advertising value equivalency, can be employed should a client wish to use them, LH&A believes strongly that qualitative analysis is even more important than quantitative. We believe in digging deeper - first determining with our client who the key media are that have the biggest impact on reaching and influencing their target audiences. Once those media are identified, we will measure on an ongoing basis how successful we are in securing coverage within those outlets while analyzing "pull- through" to determine how effective a placement is in delivering pre - established key messages. We can also gauge efficiency of our efforts based on factors such as a placement's tonality, sentiment of engagement, use of visuals and overall impact. Below are questions and criteria to consider when developing a measurement model: .. Engagement • To what • What is the • Who, how and • What actions -To what degree have tone of the where are have been degree have we created messages? people taken as a the exposure/ exposure to • Pos /neg /neu? interacting/ result of the engagement content and * Are messages engagingwith effort? influenced messages? coming ourcontent? perceptions through? and attitudes? Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 17 March 28, 2016 New Business 7 -d 59 of 162 We feel that reporting is a vital link to a successful partnership, we will therefore provide: 1. TDC Reports — As part of our service, we will continue to issue monthly TDC reports in both Word and PowerPoint format. This report summarizes activities on your behalf, as well as results. These reports will detail media liaison, interviews and coverage. 2. Team Conference CallsNisits — We recommend regular conference calls and visits to review ongoing efforts, learn of new opportunities and make any necessary adjustments in specific public relations strategies. We will generate a call report, which will become the account team's ongoing to -do list and an easy reference for client to review status of account activity. 3. Press Clipping Service — We are able to offer a preferred rate to monitor results through a national clipping service with our vendor, BurrellesLuce. We serve as the liaison to the clipping service, ensuring excellent service. 4. Broadcast Monitoring — Through our preferred broadcast monitoring vendor, Cision, we will receive daily updates on broadcast coverage relating to Florida's Paradise Coast and can provide video clips electronically. 5. Staff Reading Program — All account staff members are individually assigned to monitor key targeted media outlets and evaluate for client publicity opportunities and coverage. These include such outlets as The New York Times, The Wall Street Journal, Los Angeles Times, Travel + Leisure, Conde Nast Traveler, Forbes, Departures, etc., as well as travel and relevant lifestyle blogs. This close monitoring also allows us to be knowledgeable about what our clients' competitors are doing, as well as stay ahead of the latest trends. 11. Recommend Internet -based and social media channel public relations strategies utilizing the latest technologies and practices for creative and effective message dissemination, search engine performance and online penetration. Hammond Digital+ (HD +) is Lou Hammond & Associates' in -house digital division offering custom digital marketing and social media services. The HD+ team is tasked with keeping a steady eye on the future to discern what's new and meaningful in the digital landscape and helping brands achieve their objectives in any space. Leveraging our extensive digital footprint, we engage our influencer networks on a multitude of social media platforms to further LH&A client messages. HD+ is also the go -to resource for custom, multi - platform digital experiences that capture the media's attention and drive consumer engagement. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 18 March 28, 2016 New Business 7 -d 60 of 162 LH&A Client Services Included in the LH&A program, Florida's Paradise Coast will continue to benefit from the following HD+ services to augment its ongoing PR strategy: • Amplifying client messages HD+ promotes news and shares coverage with more than 8,000 followers (mostly media) via LH&A's social media communities, which serve as a go -to source of content for media and social influencers. Facebook, Twitter • Share articles covering Florida's Paradise Coast; tag outlet, journalist, partners • Re- tweet, share Florida's Paradise Coast content • Mention Florida's Paradise Coast during weekly Twitter chats (ex. Travel + Leisure, Expedia, Travel Weekly) • Share #traveldeals, Value Blast offers Instagram, Pinterest • Share client images • Repost client content • Engage, tag partners • Monitor media, press trips • Trendspotting, sharing real -time and ongoing opportunities • Building real relationships with the media via digital channels by responding to leads and sharing story ideas • Creating segmented, vetted blogger lists • Identifying social media influencers by geography and focus area to drive engagement • Developing and tracking hashtags and keywords for campaigns, press trips and crisis communications • Providing social guides to press trip participants featuring content and social contact info of properties • Optimizing press releases for the web • Producing Digital Plus, a monthly newsletter featuring digital marketing news and trends to help brands stay current Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 19 March 28, 2016 New Business 7 -d 61 of 162 H04- Optional Services HD+ also offers the following services (proposal available upon request): • Digital audits • Social media takeovers • Ongoing consulting, training, strategy development; digital marketing /social media • Social advertising management • Contest strategy, management • Hosted Twitter chats • Social events - Tweet -ups, Insta -meets • Custom Facebook app development • Full range of graphic design services • Email marketing • E- newsletter development • Native advertising • Copywriting • Blog management • Reputation management • Video production HD+ provides complete and detailed custom analytics, measuring key performance indicators and adapting strategy ongoing to meet agreed upon objectives. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 20 March 28, 2016 New Business 7 -d 62 of 162 Provide at least two samples of work product completed for a similar client on tourism destination public relations and marketing experience. CASE STUDY: FLORIDA'S PARADISE COAST ELEVATING BRAND AWARENESS THE CHALLENGE • Elevate brand awareness of Florida's Paradise Coast for key attributes such as its naturalistic offerings, local cuisine, high -end accommodations and distinct travel experiences. • Secure feature coverage to motivate a highly affluent audience of active travelers to book trips to the destination. • Increase awareness of range of natural offerings, from prestigious white -sand beaches to historic Everglades National Park, all within a 40 -mile radius. • Target the high -end consumer through luxury publications. THE ACTION • Reviewed destination's offerings and assessed what would be of interest to the upscale traveler and provide a refreshingly new experience to a seasoned traveler. • Identified target media outlets in both national and key regional markets, such as New York, Philadelphia, Chicago, Boston and Miami. • Organized one -on -one meetings with key market segment media for Naples, Marco Island, Everglades CVB PR Manager to provide destination story ideas. • Coordinated editor and photographer media visits to the destination; developed exclusive itineraries that highlighted key things see and do. • Secured partner support from the area's hotels as well as area restaurants and attractions. RESULTS • Coverage in top regional markets including: New York Times, Newsday, Philadelphia Inquirer, Chicago Tribune, Boston Globe, Miami Herald. • Eight -page feature spread in Rhapsody magazine, United Airlines' Premium cabin, in- flight magazine. This column served as an ideal platform to position the destination's dual offerings, showcasing the luxurious side of Naples, paired with a fishing expedition in the Everglades. • Four -page cover story in Canada's lifestyle magazine Good Life, highlighting Florida's Paradise Coast as the ultimate relaxing getaway. • National broadcast coverage on ABC -TV's "Live with Kelly & Michael." • The destination has seen a spike in visitation, including record bed tax collection and increases in hotel occupancy rates. • Total Annual Reach: 484,615,184; Ad Value: $6.3 million. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 21 March 28, 2016 New Business 7 -d 63 of 162 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 22 March 28, 2016 New Business 7 -d 64 of 162 I and West Everglades Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 23 Ej March 28, 2016 New Business 7 -d 65 of 162 IN ✓. {". p iY.xi1l }55 h r t3. .. . t v _ _: .r ; •IMtQ� °Awte.*4"�d1E ictL+'!� . . Ye * ✓" f,'� "IY `t['mbn;1'N ^Yi 1E' ?'t. �.. Ui�; � t 'ta is♦ .l - Y'.s12 -i. - iG ISM. -$ »�.t,. 4 ,� v _ �, 1�� •r >tAr.. .may,... .e .�.,.m: Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 24 - --- ESCAPE 7• I I UPC March 28, 2016 New Business 7-d 66 of 162 f !remm deloWft AIM 19�r- t*- qm W,eced 'kjW V.V% �,W -.A: tIrIjs, 1114 ',A 'Vtl-V Ort-H91 IW-W-Wlt WIT01 A -"4- t&ww CIVA tf -jp-v ^,V.4 r-4N, ''Whl 'W* !a." k A , J;Iww} 'W-• 41* IIAW A111A 040 -'-p !jV W., eh- '" *NJ -1.,v -W . Sol% v, free No A wv%jw,.A .W� W Orr#% 41m� N-Vf- tv&ntr 4n 01^11c,"" W4 VI '0-4 4,..t' %W-1, 91W. 010C'ft� 4M, r�- Alk- WM11W ft' If k 10' 6&W. A,,.rvj �kXj Arjo ,,IL rW, . 9V#j cg q -rn WW1bW www" n a twf CPA k-od 0%0,VrW:,#1 •Ig ew q 49 1vordtV la•r *W h.100I, turf" Awa ►ovmv "60A Dam xT%*1t ,M ,00 ;^o^ wt4 A qt ,x1101.^ tw s`rkN4MMtk Ali 10• A VON. -Iul, "0" le-kr tT" %VIIA OWsjvO,% :vt^"- OW 'At-4 6-o At V*d" tp ONO, %.I- an zero -ar win Av"M Airtme - WAft " 49 rk IVISlIo Affior- --vnrr, rk qN., tarUin 'q^ kAr.-d Ofw *Irklk- At ru *ft'4.Y f- t VV Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 25 "WI -Qt+ (AW 4VI Or,-- If 4% Av"kv C.1 r" Ip -I.,* q1W 11 .Ij r., . . ." � , 0'0 loft-1 %4. •W4 . , it. 1; Y v1ft W+. - % 1. ' .`e. Wb b-N It —AA 4-4 AUdC CML- March 28, 2016 New Business 7-d 67 of 162 ftm� -ow- ftw t . 4 A _4 ILW-w 73 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 26 March 28, 2016 New Business 7 -d 68 of 162 ku4y, rrnchael Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 27 March 28, 2016 New Business 7 -d 69 of 162 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 28 March 28, 2016 New Business 7 -d 70 of 162 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 29 4. F h IVY 4M, • P4 9fasI PUSOW Fab FLUNG �w L Y =FISHING } THE EVERGLADES Alligators and p"tbm, eaglr rays and fish: South Florida and the Evrrglades offer a bestiary of darting, prowling, leaping and rwimming creatures. To take it all in, you'll want a guide, a good rod —and a tuft bed in Na plea when the day u dance. By JACOB BAYNHAM Pho tography by MAR K HAR TMAN J.—, ".I — • 1 March 28, 2016 New Business 7 -d 72 of 162 1 Kg'lyet light oat When—A-9 %A W the raccoon get hit, it scurried into the toad with tragic timing and left this world hentsth the tires of the rrvtk in knot of us_ Sark «xs at the wheel. He's a vegan photographer fame KrW York, a nd r,+fien he soar the impart, he deer" his hand to his mouth. *Oh man," he said. 'That wras imeast.' We wen 20 miles %n uth of staples, headed southeast on the Tamiami Trsil along Florida's Paradise Coast into the F,rergl idex, We'd been told chat piton hunt in the roadside canals_ lied heard about the Burmese psthnns that slither onto the pavement after dark. Berme long, our headlights lit ups yellow road sign bearing the black te %dhouef of a panther and the wnrda, =lei txr i Ia ix-c." An unr emng Philip (.lass composition played on the radio, And risen we lase cell-phone sersice. The morning was starting to feel like a bad dream_ The day before couldn't have been more different_ I had asmken in soy mnm arlNe Nice- Culten in Naples as ^ 1. --.a•. and opened chit curtains in a view nr the Gutf of \lee9to I jogged along the wfsire -sand bench Slid watched saadpirets sprint in and our r4the foam_ Laver, I promenaded past the Fifih Avenue Swath b=tiques and r"rourann tr+watth the sunset at the pier. Thera 1 returned m the hotel fnt a dins.et M`stone crab and drv— eteak. I Cnald tee w#n'they can this the isaradise Coast ridship is scarre around here. Bat I hadn't rome only fir hmrw, I'd come on fish— specifically- for hig starok and redA%h, tnayhe Tarpon if I was lurk, The F.rrt;ladcs mate with fish_ TheF move in and Out of the marsgrvr-rs with the tides, chasing smaller fish while being chased by bilmer fish, Ir's a sarage world in these brackish waters, tarn was eager to +rt a fine, But Arstwe had m And our guide, Capt. Charles Wright. I a�perted r pir Y-se4 r�ml Cal IC»ra in these ac but when Capt. Wright Wrung open the door of Cholmlodew C'hareers (chnkolnskrtesharfen _ eom ?, juat satub of Rvrrgladn Cim he had a urfr flu; gra? - stubble Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 31 March 28, 2016 New Business 7 -d 73 of 162 clsinstraps and an easy senile. Hr s psc,ied fishing trips and ecotmm in the %vtrgI&des since 1105 and kr+srx -s dse dace as well as an«ne. We climbed into his shallow 17 -0eat boat and set out across the bap. The sun wasn't up Yet, and the air r,as cold on our racer as wee bounced wer the w irrm We hurled by man�rmt islands ss grear llnckt At peli- cans, egrets, ihiscs and hernna mte fmm the trees and Ilcsv out over the wvater_' It's all about lunch and lave nut here,' Carr. Wright said, indicating the birds_ "ihrr'rr headed out for lursaf * We entered a narrow, channel between two islands. The mangmts fnrmrd a tunnel around us. Vile passed under webs oforb- wraset spiders. Kingfishers sss<mped fmm the trees, and a snakehird plunged into the Water to hunt rtsh with its sprar -like besk. farther on, We Raw a swirl to the avater: A fmlr -trsot alligator scram nut nr the channel and into the rnangrove mots until all We could see svgs Eta snout and one aaulless reptile err. The branches closed in, denser and darker, and we shiehied our faces with rrnr hands_ Mangmse roosts slapped the gumnles, smearing the boat with mud- C afa. Wright said it had taken him many Yeats and 'half a million dollars in gasoline'to learn his wiry around Ever$ lades National Park. and even turn hell only just scratched the surface. By now 1 knew, I could nests find my wat hack. Capt. Wright read my mind. ' Thm's s trhnle world out hear,' he laid 'You're not pasinlg err the ride out_ lei the ride hnrne Imu're paying for ` Finally, the channel opened up into a kind of lake. Copt. Wright killed the motor, and we listened an the wtn'ts lap against the mangmsza_ Somewhere within the trees, a heron croakrd. Capt_ Wright handed me a fly rod. It ryas time to fish. VV%en rnott people dsirsh of the Firrrglades, they picture airboats, gators and taw-gram, But airboata aren't allrrwed in most of the Natiiond Park, a 13- million -acre swamp and sea wilderness with more corners than anyone could explore in a lifetime. With nearly 3lxi sped es offish, the Fverglade a is a $shrrman's drram. the water is brackish pwr%sv ar; — as Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 32 March 28, 2016 New Business 7 -d 74 of 162 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 33 F t- y f �.r �rt a 1 "THERE'S A WHOLE WORLD OUT HERE. YOU'RE NOT PAYING FOR THE RIDE OUT. IT"S THE RIDE HOME YOU'RE PAYING FOR." "5 and rirh with *Aa«n. Tannins from the raari@7aw kaveat the advrnttut itself is dwsys so forgnin{t. 1 stain it the calm of tea.. Thu latticed roangrcre roots ate gwnt 10 hours in the bow of the boat that first day, prime habitat for fish. Snook and rft ish are the prise baleng in the sun and flinging a Crystal Minnow lore rpeaes, as arc the tsrpast that migrate here in tprio{S a the trmWtrvc roots and stnpping it to mimic a baitfuh_ The city of Ntplea, population 20,OW, air, at the I caught three crnaU utook in the morning„ none m4 it nottirsrmascn edge of GIs wildernes An hem's drive foot Long, Cwpt. Wright shnaggrd -'You gotta take whir fimrn Eaetg4ades CrtF, Map" bat {lam hotels, fine duuLig the Sk7 Boat delivers. up, he said. Lod a mLttac, akwme ad vibe that's soewwhere between After hzttrh, we left the inner everg}rdes for ntdr open flip -$nppy Key Wert and rizi1e Niianti The area has move water, As we cited a channel, a jctottrrr ddphin and her than 80 golf oouraes Lend, u You'd expect in a climate thin calf crested near the boar and anorted Connorantt and comfortable in winter, a sipi cant influa of snroarbirds, oaptc7 slew dlongside us. Capt. Wright atoppcd t.lac boat Irs carted a repunation as the husuy capital of Florida's at a lilrtiy spurt_ I cscght ■ muttmn anepper and a rpangtvve Parodist Coast, and it nlak t a gilded base ramp for an snippet, and then a ladrfiah and a pompano. 16 just Evevg6dt'4 fishing advmrurz as 4ukUy as it had come 041, dw bite wad off. Ceps r......t..."r — as March 28, 2016 New Business 7 -d 76 of 162 "'right motored as In shore, and Mork and I drove back rn Naples in silence. We xm sunburned, exhausted and headachy. Rack at the Rim. I rook a bath and finished the chocolste rake lefmver from dinner. tiIy elhow was sore from cssriox a nine- sreiKhr f1v and all day. Fish in the I?yrtRladrs dnrO comae cash_ `1y energy returned by morning, though, and back in Ca pr. Wright's bast, u xt planed srmss the chop fnr another day on the water, the mangroves looked Lake a welcoming tmpiral paradise. At our Ant stnp. I landed two speckled sea trout. My luck was ruming. %%'a disembarked at a beach where bleached seashells crunched like glass urulerf+nt. In a side channel, we s(*�rd an endangered srnalltnoth sawfish %slimming lexi9 Mr 'Can I grab it In- the tail?" Mark asked. 'It trill nnesa Vsu up, dude,' Capt.1$rrighr said. "?i'nu're welcome rn.' Mark thought berres at it- In the afrernoon. Capt. Wnght piloted the boat into the Cut( in search of bigger fish. Two mites offshore, he dropped anchor. 'Here, you fnrky- railed derils,' he called out. I could hardly believe every- thing wed seen in the Everglades_ Had it all been a dream? Our hue, the mangrm-v istands: weer faint green strokes on a WMrCntrn horison. TU sky WLS gamished with a few comnr douds. I stepped into the Ik w and pulled line from the reel to cast. Then I raw s?iadow -t under the boat. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 35 ........... 'Spotted ra tr raps,` Capt K'nght ssid, 11wv circErsi the hoot in larmarion. light hroism shape% the sire tsf coffee tablet. And then nor of them jumped. I Looked up, and itwns three filet in the air.-Kith a wingspan of is feet. it hit the water with a laagnif rent splash. Thin snather jumped, and annthm It wms raining 2(0-pounel rxrr, When I uolieoed my t'rits to vain, I round a school of enevatle iack. Fisch east drew a strike, and a wasppq fish to the bott. Then were small but fought hard. Then I hooked a Spanish maekeml rhat surptd and ran like a tuna- In the Calder afternoon lighr. its tides were an iridescent Shimmer at purple, tilwer and blur. A huge loggerhead turtle eurtaced near the host a:sd rchiled. Its head eras as big ss a rr:cnnur. I laughed out toad. It sew storing to get ridiculous. In two dots of tish r@t, I'd cauKht mnre than a doter species of fuh. in denm iungk and in the open ocean. But the fishing was sttondan nrnr.'Tite *' Aria WAS deliwsring op all the wild wnndcrs of the Vvero lades. A pair of ttrresre spoon - hilts f1rw tnerhesd. There was a ontd beer, a Lavish meat and a soft bed wtit- ing fnr us in Maples. But in this moment, io this corner of paradise, l didn'r want for anything in the world. $ + otlaao W tau Jtr..� •.a -njw �Ar1Ye.Rtlr -r. r..a,rdl. rvoA.74"F)A/.'�la ItYjitrltor i�,.: Pls++�fi*ir tv70i a (9yZa I,"—. M-st" nod \'ire !L!'4ia.n{ . dfft.. e,L'n.+da.d. March 28, 2016 New Business 7 -d 77 of 162 THE REST OF.' APLES fw sou r5'.' .Jr to A....rf, .v y<'04 h. .r FobiS ws.naW INN ON FIFTH ..,.t.k.po, 146 .. i ►.e . rn en.,iwr lu .jewhl..�n wiLrhtlirr".'CelJublw.l axi %tea inCxWe. IOYFb�r vM.• L�+++rtd. crsra Imp Ihrw.arlvr I0 teP.rh4. ;' I a. '..Prr4Gwd vtine end li5ltt treed.. 04.4.4w 1 'th A.Mw is limned r ,h alwap.,. *er4sunes Fes end.rt$s5.rir.. itb.rord 00.4 -owd, e4 tbis c=ry b..... set'hssA Places to ..;.4h Ike suw+r.t. Nrt+J 16moovua plot& !o *.jar io.s_ a, wild .0 "a. f..d eyalwe or lures ALTO V0,11 — h.-. mr 4 eve$V r�'+1.1 11. e.oL .111.6 1930.4lyl. .,ploso club it fl.ylrrn,_ ■ Calbrh.l t:.ple. &Kapmirlt, d�trs4 the twrrw tar. leas. Now tJ.garn.- th. blocten.d t-0 A 6 .apec411r this �.e w r.. t.4e 4;7iwlt Iry cdch, at loose lac w hfm a,c. - .pp.t• toes wash.. A.,.r .lrrmr.i STAY THE RITZ•CARLTON. NAPLES Lo n r! Ihi. his utv t..pr ks 45a 'boons I1nclDJ;.N $5 6.4- oral ?0 k'tt Crolto+. Clob tevrl robe+. and o,tra) has r view of the W.A. 6.ead usrth i6^ ""I a Ih. +sts'. 4. V. Gut' u` M-lcu .rd lFe 1 ».,lot a•6^+ 6....^. /reel c, P. into t r.r r -4hl 1 t_ Wit, :. r mrina4r Dl N.0- Irony, .+rd '.rtu.w 1'rw diftwosit rrrlaut.rla lnchtdia� vibe tadf. what arr.ra U40,4ettable dty .god .fool. I he 1+01 01'. lndrfffi.rn.:.pd is richly rppwnl.d to entire 1a401 role xotkw ­t., ,f' ­1 ,tow.. THE LOCAL Inu>e.plwwdy Iv:,e::aJ l6^ r atr� e.rll, l "hr inul .Dort.+ tka pro0vur l.mra.Lrl.w t+�.rrec lrrm.. l++M.RRfaY i, a CrrArei shot IN* Wchrn 611006^3 even -woo . f vwuw. Try the t ar4w- un4G"rory hold".e lo.r!.2e o.d 4rr? rem p� calwfrl eoeata .e.d Key Writ *64mp ..lads, .rod aprceels &6a doe co" of Ike day towssod 110 aot..wul .Ad .fwwrd, Just so *w* la -.0,04— fo# o alrb u" ward rrrorwrl coke. p..r.er... — •r Lou Hammond & Associates, Inc. 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Response to Request for Proposal, Collier County November 5, 2015 Page 37 March 28, 2016 New Business 7 -d 79 of 162 8 Nays to do Everglades National Park Ri cyht tm +Graham � Maw, From xvadina Nvaist -deep thi•oualt the sn-antp to xvitnessiug 2ators tuider a hill iitooti to kayakiiia through islets. v1sitina the park can be a one -of -a -kind adventure. espite the sorry state of environmental protection the Everglades is a poignant if sometimes forgotten, natural masterwork of Florkda The third - largest national park in the contiguous United States it s a mind - boggling 2,400- square -mile expanse of subtropical ,vilderness where Flor4a panthers roam and alligators rule The delicate olend of sawgrass- strewn fresh.vater habitat elevated hard•Nood hammocks and mangrove -nch saltwater flats teem with flora and fauna —to the tune of Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 38 U.S. National Parks lWithout the Crowds) Can We Save the Florida Everglades? 0 March 28, 2016 New Business 7 -d 80 of 162 750 plant species. 350 bird species and some 100 types of mammals and reptiles. Though nearly impenetrable at its core. the park has a well - developed infrastructure. including multiple points of entry along the perimeter that open up a brave world of Everglades exploration. Unlike other mpaor Bill Belleville Paddles the national parks. the pristine River of Grass is Everglades void of accommodations within or along its boundaries. making it challenging to visit it in shale. However, proximity to Miami, Fort Lauderdale and Naples makes spending a day easy. with the comfort of upscale hotels and beg -city excess a mere hour's drive away. Everglades Essentials Bring plenty of water, some snacks —there are very 'invited food opt >ons within the park. even for basics — sunscreen. a light raincoat and ziplock bags for camera equipment. Parts temperatures and N =Idife sightings are best during the dr,• season. from December to April. In the wet season, double up on insect repel'ent. anti -itch cream and Benadryl. The mosgwtoes. horseflies and no- see -ums (sand flies; return for summer vacation. starting in May. and they bite ..hard. vice.. Bez.e: 1472) run by Captain Charles Wright. provides top -of- the -line guided kayak tours and s ,.vamp v alks. Private birding and photography tours are also on offer led by Wright and his partner. photographer Captain Bruce Hitchcock. From downtown; 85 mires west: 4 . mires east of Napo es Island -Hop In the park's western reaches, the Everglades's Ten Thousand Islands are a maze of coastal mangrove islets and narrow channels, traversed excILISNely over✓vater. Those confident on their own can set out via canoe or kayak Tented directly from the concession at the park's Gulf Coast Visitors Center at Everglades Citv. For more organized pursuits outfitter Everglades Area Tours (from S'50 for a four -hotir boat - assisted kayak tour for yap to six people 800 -860- 5of9 .......................... AtlTOFLAY Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 39 March 28, 2016 New Business 7 -d 81 of 162 Cameras & Clyde Combine culture and nature at the art gallery of the celebrated photographer synonymous with thi Everglades, Clyde Butcher The walls of Big Cypress Gaslerr: (52388 Tamoam� Trail Ochopeel are covered with Butchers black - and- white iriasterpmces snapped %A,ith his vinlage large- format cameras. See his loving studio. Big C4oress National Preserve, a protected area adjacent to the earl and still part of the Everglades ecosystem, and step in his shoes on the S, amp'A'alk. a chance to shoot -r stas i^!e - slogging' twading .vast -deep through flooded terrain) . .ti of 9 ....................... AVTOPLAY From downtown: 55.mles ivest Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 40 March 28, 2016 New Business 7 -d 82 of 162 Spending Two Perfect Days In Naples, Florida DeMarco Williams Contributor If you're envisioning trendy beach spots in Florida, Miami immediately comes to mind. When you think about timeless glamour, Palm Beach might top the list. And if family fun is on your agenda, Orlando has that category pretty well wrapped up. Naples, a city of just under 22,000 full -time residents, has lots to offer, too. But up to this point, it just hasn't had much of a stage in the Sunshine State's summer production to do so. With a little of your help, though, all of that can come to a halt. NN"hen your next two -day break arrives, fight the urge to trek back to Tampa because Naples, in all its relatively unbothered beauty, aNvaits its chance to pamper you. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 41 March 28, 2016 New Business 7 -d 83 of 162 Talviaya Beach c: GcifResort. Photo courtesy LaPtaz�a Beach and Got'fRescrt Dav One Top -shelf properties such as Forbes Travel Guide Recommended Inn on Fifth and C:luh Level Suites and Five -Star The Ritz -Cron :v-j R all the Southiyestern Florida Pitt home, but another option for your weekend accommodations is LaPlaya Beach & Golf Resort. An idyllic spot in the Gulfs spectacular .vbite sands is reason enough to resen•e a suite, but the lush, Caribbean - influenced hotel gins in other ivays: The golf at LaPlava Golf Course is incredible; the treatments at SpaTerre are invigorating, the cuisine at Baleen Restaurant is an epicurean delight. Once `-ou put ti -our bags away (and pull your significant other away from the entrancing terrace view), snake the five- minute drive to the Xiercato shopping center for lunch at The Counter, a hip burger factory that takes a certain pride in ever- sandwich in manufactures. If you think its list of nine breads and 45 toppings is special, wait until you see a drink roster that includes vodka- spiked blueberry lemonade, beer cocktails and mimosa shakes. When vou've stuffed yourself, walk off the carbs in the swanky outdoor plaza where you'll find local brands (Gigi's Children's Boutique) and national chains ( .Nordstrom Rack) to entice vou. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 42 March 28, 2016 New Business 7 -d 84 of 162 After shopping for an hour or so, head back to LaPlaya %vhere youll find a number of options for your nett activity. A long nap on the pillo,. -top king bed isn't a bad call. Nor is seeing whether the spa's promise of its tropical essence massage being a mood - altering experience is mere brochure talk. Even putting the beach concierge to %vork for a snack from your spot along 17anderbilt Beach sounds great.1t'hatever you decide to do, just remember that you have dinner reservations at Baleen. At first glance, LaPlava's signature fine- dining establishment comes off a tad formal. Glimmering chandeliers, private booths and a snazzy'%vaitstaff set the polished mood. But upon deeper inspection of the diner in the polo shirt and shorts or the family- chuckling over the day's parasailing exploits, you realize the pl ace is for anyone %%-ho appreciates good service and inventive dishes such as Florida Keys yello%vtail snapper or chili- rubbed short ribs. An order of freshly churned guava sorbet should complete your first day in Naples. Avenue5, photo courtesy inn on f'eh and Cr-b Level Suites Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 43 March 28, 2016 New Business 7 -d 85 of 162 Day Two Since you have an early - morning tee time at LaPlaya Golf Course, you may not be able to fit in a lavish breakfast. Luckily, the golf club, which is just a nine - minute ride from the resort, offers pastries, hard - boiled eggs and fruit for hotel guests and club members. If you've signed up for a session at the prestigious David Leadbetter Golf Academy, your one -day mini school will start at g a.m. If you're going at the 6,907- yard, mangrove - flanked course on your own, head out to the first hole. A beautiful marriage of manicured greens and natural majesty— during our particular morning on the course, we came across turtles and anhingas, the bird that's pictured on the LaPlaya logo —the layout is one golfers N %rill compare favorabh, to anything they're played previously in Sarasota or Ft. Lauderdale. Once you've completed your round, grab a cheeseburger u rap at the clubhouse or make the breezy 2o- minute drive to Cosmos Cafe & Pizzeria, an unpretentious spot that cooks up inspired pies that could leave the Naples in Italy a little envious. By the time you get back to the hotel, All be around 3 p.m. and roughly 93 degrees. Hit the water for a spell. Only this time, ask your beach concierge for a Tiki Mudslide —the Tiki Bars recipe of Kahlua, Baileys Original Irish Cream and Sobieski vanilla vodka isn't anything groundbreaking, but its execution is nothing short of exceptional. After you freshen up in your room, throw on your finest resort -chic ensemble for dinner. Fifth Avenue South is another shopping center in Naples with high -end boutiques and great eateries. One of these choice destinations is Avenues, the just - opened restaurant at Inn on Fifth. With its alluring vintage -glam dining area and bountiful seafood selection, it's no wonder why locals and visitors have lined up for tables since its December 2013 debut. If you want to in- Avenue5's barrel -aged Manhattan, by all means, indulge. But if you can wait, there's one last bit of fun awaiting you at the resort. Like some scene you'd imagine on Amelia Island, every night LaPlaya's back patio converts into a fireside lounge. Servers cater to your every drinking need while flames from the pit tickle the toes ever so gently. It's a perfect way to reflect on the relating weekend, or ponder how in the world you've managed to overlook Naples for so long. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 44 March 28, 2016 New Business 7 -d 86 of 162 Thica no (! ribinlc TRAVEL Florida's Paradise Coast perfect for pets By Mvsclha Theriault Mcclatcliv- Tribune NeAvs Ser%ice While plenty of places claim to be accessible to people traveling with their pets, anyone with a large -breed pup can tell you many of those same venues are the first to sad- no if you're showing up with a dog larger than a guinea pig. With all of the high -end shopping and fine dining associated with a typical vacation along Florida's Paradise Coast, I was pleasantl. surprised when a recent getaway with our Labrador uncovered a number of big -dog options. Activities: The Maples Botanical Garden offers canine - accessible walks three days per creek on Sundays. Tuesdays and Thursdays for a couple of hours each. Theu• walking paths are ,6de enough to accommodate large breeds, with benches and water bo` h available throughout the garden. Their outdoor cafe area has seating suitable for excitable pooches as well, featuring chairs that are bolted down to the tables themselves with sturdy poles for attaching the industrial- strength leashes necessary- for traveling with a bigger breed. There are also pavilions and other infrastructure where you can stow to read a book in the shade when Buster needs a break from sun and stimulation. In fact, this botanical garden in particular has a noteworthy number of art features that come with seating areas for extended enioti•ment. The cost for this particular canine experience is S-.gd per dog plus the regular S12.95 admission for each accompanying adult. Welcome biscuits are provided upon entry. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 45 March 28, 2016 New Business 7 -d 87 of 162 If shopping is how you prefer to indulge your pampered pooch, there are a number of pet boutiques in the area. One of note is Fergie's Closet. The venue offers specialty canine accessories and items such as doggie sunglasses, bedding, hand -made attire, food treats and more. It's a fun little shop that's worth the stop. fly own canine isn't exactly into bedazzled collars and coordinated clothing. She's more of a water splashing, trail sniffing and wriggle in the mud kind of girl. It's just how she rolls. Don't get me wrong. She was all over the chew toes and canine jerky. She just wasn't interested in attire and accessories. If your dog appreciates that type of experience however, you'll definitely want to spend some time perusing the custom outfits and canine day beds. :attractions: Keewaydin Island allows pups to pounce, splash, roll and explore nearly eight miles of deserted white sand beach. A barrier island between Marco Island and the city of Naples, it serves as a sanctuary for recreation and wildlife with roughly So percent of its land mass remaining undeveloped. The beach is only accessible by boat. If you are traveling by one u-ith your pooch, then you're good to go. If not, boat rentals can he booked through Naples Bay Resort for Sigg per day throughout the week, providing a hundred dollar daily savings over their regular weekend rate. With the ride to the island an additional source of outdoor enrichment for your pet, and the fact you can spend the whole day on the beach with your rambunctious four - legged friend, this is one of the best value activities in the area. The boats come with a cooler you can stock with goodies, and the beach is a popular spot for firing up small portable grills and propping up umbrellas. Considering large -breed travel experiences are as hard to come by as they are, this is, a memory- making day that your children and dog %kill remember for v ears to come. There is no fee to access the Keewavdin Island recreation area. Ten Thousand Islands Marsh Trail is a free -to- the - public option open to hikers and hitched canines. Part of the Ten Thousand Islands National Wildlife Refuge, it allows hikers to explore a portion of the 35,000 acres of sanctuary that host mangrove habitats, peregrine falcons, bald eagles and manatees. The refuge is also home to a variety of sea turtles including green, loggerhead and Kemp's ridley. The trail is a little more than two miles round trip, with paved parking available at the trail head. Plan on about a 30 minute drive from town. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 46 March 28, 2016 New Business 7 -d 88 of 162 Accommodations: Maples has a Red Roof Inn Pius— and Suites property which welcomes bigger dogs m ith no additional pet fee. Premium rooms average S75 and come ..ith extra space, a microwave and small fridge for storing snacks and simple meal items. ?, dog run area with benches and bag stations, and outdoor barbecue pits with picnic tables are also available so Rover doesn't have to spend all his time indoors. If you're in a position to upgrade, an extra $ao will score you one of their suites, which comes with a fully- outfitted kitchen, separate living and dining area and a screened porch. It's basically a furnished one bedroom apartment. We found this to be the best option, as finding restaurants where our Labrador can be successful is hit or miss when we're on the road. She aho needs to decompress after a public outing, and enjo,, ing some down time while we whip up lunch or an early dinner usually does the trick. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 47 March 28, 2016 New Business 7 -d 89 of 162 THE HUFFINGTON POST Naples and the Gems of Florida's Paradise Coast Jeryl Brunner When he was gro; ing up. Rand- Sarton remembers )%aiking through the Wisconsin stamps i +ith a frog in each hand searching for more critters. Pure bliss i%as poling along the shoreline to explore, "Early on. I had a real sense or wonder about the beauty of nature," he explains. 'I was the kid catching turtles in a I aky rowboat. Or I could stare and stare at a soo -rear -old oak tree and think WOW. (Courtesy of the Collier Count- CVB) Sarton's fierce curiosity for nature sewed him well, even beyond childhood. As an adult he ultimately became a certified master naturalist in Florida. His passion for sharing his knowledge led to being an integral part in creating 'Nature's Wonders. a children's program at the Ritz - Carlton. Naples where kids gear lab coats and become junior marine biologists studying sea life like baby crabs and sea horses. They can find their inner Jacques Cousteau in the Nature's Wonders facilit_v filled ++,ith ii giant tanks containing sharps. turtles, babti- alligators and eels. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 48 March 28, 2016 New Business 7 -d 90 of 162 Under Sarton's direction. kids investigate reptile skeletons through microscopes, learn about tortoise eating and nesting rituals and study the inner workings of the rich mangrove ecosystems in the resort's preserves. "There's nothing like a child bringing in a parent." says Sarton. "Sometimes, I'll step back and listen to them give their parents a tour like a tour guide would. I'll hear things that I said to the child earlier. That gives me a strong sense of reward," Naples Pies at Sunset (Courtesy of the Collier Count: CVE) Sarton is one of many treasures in Naples which along with along with ltiarco Island and the western Gulf Coast portion of the Everglades. makes up part of Florida's Paradise Coast, Often cited as hai ing one of the best beaches in Florida.' aples is within Collier County where almost 8o percent of the land is dedicated to park and nature preserves. It's the kind of place where a long walk on the Naples Pier stretching into the Gulf of '-%Ie�co to watch a killer fiery sunset is the ultimate pastime. More heaven is a simple stroll downtown along the white powdery beach ivhere pelicans. not condos, line the horizon.'ot too shabby for a place that has one of the highest concentration of millionaires in the country. low 6 Rand} Sarton and some junior biologists ,Courtesy of The RiLz Carlton, Naples) Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 49 March 28, 2016 New Business 7 -d 91 of 162 Here are some other great finds in and around Naples. Stroll along historic Third Street South and Fifth Avenue South and discover lushly landscaped palm -tree lined mini- boule,.ards with art galleries. antique stores. and clothing boutiques. On Third Street. an outdoor Idosk houses a designated concierge offering guidance about the area and will even hold a package while you shop. Sea Salt Restaurant (Courtesy of Sea Salt Restaurant) Do like the locals and dine at S,r Salt to savor Chet Fabrizio Aielli's signature dishes like caesar salad N %Tapped in a delicate soy wrap to resemble a sushi roll. whole %Iediterranean branzino and braised veal ravioli with creamy black truffle. The Venetian -born chef and his wife Ingrid first gained culinary- fame in Washington. D.C. The Aielli's are so passionate about their cuisine, they have a small market area in the te restaurant so patrons can purchase uffles, cheeses. hundreds of varieties of sea salts and Norman Love chocolates to take home. Designed with light woods. glass walls and an open kitchen, the restaurant contains a 6,000 bottle wine list carefull`- curated by noted wine and spirits director Liset Zela }a. A few doors away. at their sister restaurant _.-1 , -.• :. handcrafted pizza is cooked in a 5,000 pound wood burning oven custom made in Naples. Test your golfing mettle at Tiburon Golf Club at the The Ritz- Carlton Golf Resort, Naples. The 36 -hole championship course. designed by Greg Norman is a Certified Audubon Cooperative Sanctuary-, Hone your skills i�ith a pro at TOMkcademy or the high tech TarlorNIade Performance Lab. The links is home to the annual Shootout competition. hosted Norman which features some of the world top pro golfers. And this November. the resort hosts one of the most important competitions on the Women's Golf Tour, the LPGA CJIE Group Title Holders Event. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 50 March 28, 2016 New Business 7 -d 92 of 162 The Thad Street South Concierge (Courtesy of the Collier Count- CVB) Head to the original Tommy Bahama s Tropical Car and dine al fresco before buzzy Third Street. Executive chef John Fitzgerald has been at the helm for more than 16 rears. The short rib sliders %t ith grilled pineapple slay are a mainstay and don't leave ivithout at least a forkful (or seven) of pina colada cake iti ith dark rum, diced pineapple, white chocolate mousse and toasted coconut. Cruise along the Gulf Coast iyith . c l Beans Crises. The sunset cruise sails t4vo hours before sunset. Kick back frith a warm breeze and a cold glass of champagne and experience the drama of the Southwest Florida sunset. Nosh on lobster quesadillas. grouper tacos and coconut shrimp and sip a Naples Sunset (rum. peach schnapps and tropical juices) at Gumbo Limbo restaurant at the Rita Carlton Naples. Location is even-thing. end this waterfront low key eatery. which lies right before sand and sea is a great beachy- chill spot. Venture to the Isles of Capri 25 minutes away and feel transported to a sleepy Caribbean town, The ca mm and pristine Johnson Bar waters are ideal for kaiaking.: ; -,nles kaiak Conmanv offers exceptional guided tours through Mangrove estuaries. Or island hop in a kayak stopping at beaches along the way. And if you're lucky-. a dolphin (or three) might sm,im beside you, For more information on the region visit, .cu a�rodiseeoast.cam. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 51 March 28, 2016 New Business 7 -d 93 of 162 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 52 March 28, 2016 New Business 7 -d 94 of 162 ECO ADVENTURES AND DINING DELIGHTS FLORIDA'S PARADISE COAST , .., I EOlTOMAI AND FH0T0aRwr14r !Y JULIE KALAIi THIS .tll :h`°! 14E. H F-W -M �/,►.�. rkr�d rkr rtw,.. nk, rrwm .. a. r a d ltra,. 1c.r+hp PA— k.r,....t yw.m,. Mr dr 1 k d a,a dr. lrmrr .a,� l.t,sRG%Iob, d... d- V.>� r „r..dr,. wlydr ..a go* S:a1.a.a Jx�ro S.u.,?glla,+u rYe Me f:'rrs 6r .•:wrwyp.rwy *•� ?.rnwrn +:.0 tarnpi.. th F.erlyfa6w' w.rplrn: '1:.. , i.ruur c W 0 ►1.r.r, ! -$no ft%Y , tay,.+. ..- ud as.wl.t ll.rd...d 1• yr Q.K. Ja.r.=antihnrr•.l.m.:d1r6.6 iwrar er..n boo 'i —d LJmd, 1A, . lr".. d —.1 drr . Z �i Mn an P.�S& ."d dkyMixk ,.w, roy kv. a w.6mrr rdid twrlry tb. 6. our 6dlikav4, 9 —p.yr rt /a bypn y.R.,.. 1+y 4 .na rt fa. • drt aarr.. anP.d t.ax r.r�vi .k.,s rM rslQ nr M:k.wr Ilayr A....y d my +:.rardwr� n.fai .6 m n ..®! .ear.1 .18 a N�orrww -Wr —khr .i O'IL 9e.r:krnrtk.wt rw6 J.rr Ls ..k trdr.. Wdua d. -- Kuo .a.trl O..t P•d I- 1 wdv b.._ mf kn.S.f rl d.Ca wl rdr.taat6P arkr mr � hr k »mil,wa.,n. AN 1 A1Y IIY I IIF KIM Mw Iwira .Vq" 6.1 6L.rn r a iwrtvr mkd r w Kk �kMF +rilY � Y[.MY� 9w+rm- �s,aavar. d.paai6wrd"6k F.ds W4 t!e t6W rdW 66rr a %%, r ktf.< rAme w d drr ywa l'. �Imq r6ew.ad nd�Mr! ad.rtd 606 irr tkr rave. AI dv W • vwWb°I aF rvrnr brat rk.6wrI wrwiw.rAturew.a.rwtr.wrnwrrw —w wutr,.pa.. rr ft l.nrW,tr 4r.J ,,• Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 53 irl 1` - �t I ' wig 7hr Nap to Nay 1\'aw Shut* 4 a cumtrurm snd (Nnr (?a 4:mVum� «hex ev wwwnxat « -Av to rraah popida tuiifrom arras W Tin I umptr same «twidnfii Gem «here nwq Ytlhtwe" atvd fahnw boats &xk- tLnVOT -9dwd tweumir rwowrh a 14201 r ans the uV AM (A-wer prvx plant and 'rW Cate Y nna. hanr tar SNVI, rrstauranb and the Darts• trier Abtpwr \�vrtd With a wn %mde G"rman hake vn3 happily prate one d ha a11+R +tc11> m }saar srrru +ur3 aa% "lw ran lice ham if Vou wart to NYS w." 1an's Loa him can thr hp► Krrtw vlhy' Ile doran't hear"' a . rri Far a tart pYar wUh a MLM, or rrLe.rr aC[llrateiy a &+ d�'Kw � 1 6a.ard the P1ne �ap1a1 ()1117 Thty v.ares•prtapeNrd set hdu tta1t'�F OD tISK � of the C;Y{( ({ :\ta't115py, parrlK llWrllw rr( WG•'tIY tan�°a+,) n1atSRrrM treys, a h,yee atr;ter# erns acrd en°r7�=m+iran.eirrilar maalrrru \ \T1ak dauyvlts tpinr and vaal�irgt «rrx 1peay are haJnuriv of t}vr oily, odhetR t,ompam an the rantrmeot of amnq an rhtsnr raarlatrr..\t fuss, +st!} tltr nutuah of 1ha1 dr,re creature are via�tls a4cwe the ras;K Then (or;wnx a Irtaxtlestt it flaaw dgtfitly FxiRfrr in she wares, revralar4 ass tnawve ante And Got 1hr /urtk, s fliq. of in tat�e^ Aar parldlr•"akl' ta,l 7he'�sy a tiartinq dut the ltnpaet u tasinR Inraesd rvru 1"8 5tren S«:eh, far a« av fnxt•. the larytr htattlr� the \apltx Pier � a 4nnlariee luiurq sP"'t krr lura:a, vilncrn, doipitu>It aril 61awa pt�lcaeea adie. 171ir traelq.al +pet n hrnrn 1u a tiklortR brarh Isarr ldir nx, with Ira heaulifrl sal4 sand and r rttt;c inviaitK vranea< \aples Iflald Tixrrs is a fantawtic way to raltlure the aity'a durttr+r+rtinq epw -.ursn de�liabu Frrt.+d�ir and l.. K. twu.r. dame Ci,bund arratgtra for or as we p1 pn r�Irh thm- il..�r sat- crindtttaned mwLw tau. TadaY'v axu crxrlewrary with a «use and clteex trunK at the Old \CLxld �tutvre 'lixia fauvtpeaa &rod +hap rrKL ttierythirvg insrn Bntsh trhrYau to Hurgpttwan warn: aaad e.rry F'rida >' tram 4 ur I P m ihrrr a a free Witte laatirl{ N ta1 q a vpit In the astir+ 7a :11LSVY'AllF.ti r.ta :act March 28, 2016 New Business 7 -d 95 of 162 vw ;ut nncrrvr an C4nVA= 'dn'^9 uihe vJ :evxsrl (tom o+.nn \tarty t�lrldartd In 1apk1, the Iiuptrrr tlf alrrrsrnR arr pre.vllrnt and m v't'rY etta°1i�if U vrau ate huttgerT Iltst «avcdllrrd rrlM pat +a ant! drba'xnSN kt'�w. ii�r rtr+wRht In N�arLWriia'v en "+ :yttM'.SOt /th. for sate -rugh1 ti/nAflg atftl "WMNy hrJA Sn 5P Aveeaalr South, tllr heart of d.+«ntrlv.n \ryim r4ww the (heua QuwnpsRASe and (`a•w Nay trawv s uMtaK rnn.tl «5111 IU [nni Mruag and kvr rrwat; r\Iaar1•Irsµmtl rYalule ard!'7rrgat (.- lltfN'M iAAaC'IgK'd Rrtt ktAt14 A/r «t►M �<!4 hMI al the \aph :La }- I(..oet'a rYCVY t411aUiLit, I >(1Pa'11; M I'frxhrrl K:rab tiharii, a elaaaal «avrtn>dtc rnuu. rut:, I rkvvur the arLXLiY1; }sat read cPurar dap snd tortiLa dvpa aatd, aluttlesauectdy, rhr Inrd qunr he-n artluN> du euv hLe rhatien. I!' yaxl at vsrunq tn,m snail- (kwtler to ttud- Ma}, nxaie a pairx of v+untt e]`a• sarlxulrtlt 6.aY1e Crab ctarw 7)1r Tirnk Chtb u Ya,vrtWt Heath Relcrt in prriaapa 1t1y I',nwRtt \apka r4turlq rayrnrncr A txlti tutch4lreed path 4arly w the Maatsftaxr: dirlrjt sera, whrh ! vaarah the aurHri and sip 1nFica! roe Laaa «t -.11r laaaaluitaq ruff bar of hat7rr, afr7.rair arsd flnvuAld Fun,arared r AtUnpa. • d. Nsri— M 1t..vry w rAW"" w a►. w4, awwaacry -War is 6. aura tar(,pcod Alwy A. syrae. +� �•r+...ra tr arprey rrirlaia F..a+r carp it Irr�t was Lou Hammond &Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 54 March 28, 2016 New Business 7 -d 96 of 162 CASE STUDY: CHARLESTON CVB "THE HOLY CITY'S" RISE TO #1 THE CHALLENGE Change perception of the Charleston area from a second -tier travel destination to a highly sought -after vacation experience. Secure feature coverage of the Charleston area in high -end lifestyle, culinary, travel, family, bridal, golf and trade magazines to reinforce its position. Develop programs to unify stakeholders. THE ACTION • Matched Southern style with exclusive magazine feature opportunities. • Showcasec Charleston's cultural offerings. • Establishec Southern food as the rising fare in America. • Debuted the Charleston Wine & Food Festival. • Hosted media events and road shows in key markets, including New York, Boston, Chicago and Miami. • Engineered multiple national broadcasting placements on NBC and Food Network. • Relaunched the Historic Charleston City Market following an 18 -month renovation. • Established a marketing communications group comprised of fine arts, historic attractions and organizations, branding them as the Charleston Heritage Federation. • Elevated the area as a premier golf destination. • Launched new dining and entertainment districts such as the trendy Upper King Street neighborhood. • Implemented ongoing social media workshops hosted by Hammond Digital+ for partners. THE IMPACT • Judged #1 U.S. city in Conde Nast Traveler (2011- 2014); #1 City in the World by Conde Nast Traveler (2011 -2012) and #1 U.S. city, Travel + Leisure (2013- 2015). • The Charleston Area has seen a 50 percent growth in tourism revenue, becoming a true four season destination. • Airlift has increased with new carriers including Southwest Airlines, JetBlue and Porter Airlines. • HSMAI has honored the destination for public relations excellence multiple times. • Demand has sparked growth: 1,000 hotel new rooms are being constructed downtown and major cultural institutions are undergoing major renovations. • Tourism has contributed to economic development for the whole region. The destination saw a 63 percent growth in citywide annual events and property values and home sales have increased significantly. • Reach: 780+ million; Advertising equivalency: $4.3 million. "Thank you for all of your work in helping place wonderful articles on Charleston; 1 am grateful for all that you do to promote our City." - Joseph P. Riley, Jr., Mayor, City of Charleston Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 55 March 28, 2016 New Business 7 -d 97 of 162 Sher ansTravel HAND-PICKED DEALS. EXPERT ADVICE. Where to Co in October for an Off -Radar Escape, Kickback to Summer, and More Septeir. ; , , . 1. 1 For Southern Charm. Charleston, SC V th centuries -old architecture and widely lauded fine dining Charleston has long been a aalture capital of the south But it's constantly upping its charm and class and two events make this October an especially appealing time to visit First a brand-nee., performing arts non- profit Gaillard Center is kicking off with an October 18 gala featuring guest performer Yo -Yo Ma The rest of the month is followed by a performance by Grammy- vAnning choir Chanticleer and a three-day classical music festival (before introducing acts by the Munich Symphony the national circus of China and more into 2016) Love old houses'% The second highlight of the month is the Preservation Society of Charleston s Annual Fall Tour of Homes immersing visitors in the city's most notable architecture gems from 18th century Georgian to 20th century Colonial ReJval styles. In addition to the signature highlights tour and three themed tours — inducting one all about the city's impressive ironwork -- there ate also special tours that hone in on a particular street neighborhood of period in history For a deep dive into Charleston's {cast and present there s no better and mote educational series than this Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 56 March 28, 2016 New Business 7 -d 98 of 162 TRAVEL+ LEISURE `rRIP fi]F'AS ; WrMUND t.ETAWAVS The Perfect Weekend in Charleston t., tom Austin Sept€'rrorr 1 2015 What to See and Do t� o The allure of the city begins with Historic Charleston Foundation architecture tours, highlighted by the free - floating staircase at the 1808 Nathaniel Russell House Museum. Afterward, wind down at Mira Winery's brand new facility, the Napa Vallee Education Center & Tasting Room (- N -VEC), offering lecturers on wine and tasting flights of Mira Winery products from the -Napa Valley — we're partial to the 2010 Syrah. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 57 March 28, 2016 New Business 7-d 99 of 162 LUXURY F(w Gardens xgl th*,groljnds of hiucwc plantattorrss and WeAthng Iffe rrstcl the tours Yards of ffizveo dwelt ings, cllwifttows e4l some of the city's mast colwful and fascinat,ng tc4*s 13,cas oldelt W*064'apeo galde-') 'S style of Andre te N45tre ThQv9h the g*ld&fVS ratan -tvc's' focal oodlls- iaw,th.ne tt,4o orgnnal 1741 incarmat,tse by Arft#i"& last iange- ti:a e RO-4r!'c garlClen, ar, untaryleo 464-acre Oxpam3o -2 c"-'els a "'afe En9-t' 'atu'allo'c style void of o,erjo +^ eVoe and naNe. and ln tMiame *11) com \.-I 1, 1 141— 11 1 1"kim. One of ctiarlestor, s most .1 ;. ; ,' I I s-n,v homes has 04W- tftllsr00 fs u)m-c,eTe '80H 1,sltl, cl,siyo of formal gardens , * 7rly 19th- century i. Ibmw Inn ho"w* or,goally 0010npacltojawyef Tt�,Mas, 4eywafdlf, wnose appears an I" DecLairaton of Indsoondence unable to source a-,) o,49-r,*I OartW plan of the home, la,,dscapq arch-tocts h&,*,*develoPvd the ?�ousv Qaldons as awltesse4141 ISM, C*m"?y COAOA'al Re"al rtaantfsfCrur,�lfNrm art? of itmtv, and Ganleik,6 Th" On"444C moro.ong test vol 1torri LAI# Matcft to 4,le Aorij is organ,zed VY the 141*tombi chvles-o lWou"ka'stc4l, 011W V access to the P"vate 'Ouses and g�vd#'A of crWitston oinicim &no oft-linsdS to me DJV c 6� 7A-n) Gmirge 11rvel A c*A*Ct-CW1 Ot tnM* horrvy and'.-* ca"9*4 110.Ses con"It,111d <nllo i8 -key bout-que nOtfl Zero Geolge ,',Ot*%Ws .0, eviv l9th-cenlury olillwerk, *,M# OLWk. And a WS-11), garoen-�— courtyard at As core FcjrT 5349—reropoo.,ov cam Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 58 March 28, 2016 New Business 7 -d 100 of 162 ak"9400 Tribur South Carolina plantation offers an unretouched look back a}tpn F•.- FEHRUAR, 11, 2 ,315- 4 21 A!„i Tlie walls at Dra% ton Hall are bare and the rooms unfurnished. Located about i_ miles from donnto«n Charleston, the house has no heating or plumbing. Yet x isitors to South Carolina's oldest unrestored antebellum plantation u ill find it remarkably well preserved. Devoid of cosmetic restorations that can blur the signs of age, it offers a close -up look at the unvarnished materials and original worknianshiu of more than 275 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 59 March 28, 2016 New Business 7 -d 101 of 162 CASE STUDY: PROVIDENCE, RI URBAN REVITALIZATION: THRIVING IMAGE CAMPAIGN THE CHALLENGE • Promote the destination's image as one of culture and intellect, refuting former impressions of the city's gritty reputation. • Establish Providence as emerging city in the East Coast to live, work, visit and play. • Create buzz as one of America's premier culinary destinations. • Leverage the city's world -class festivals and artistic entities as "must- visits" for the Northeast. THE ACTION • Showcased revitalization; charming accommodations, distinct and inviting neighborhoods, cultural attractions, eclectic dining and exciting roster of events. • Planneo and executed national media events in NYC to reach segmented audiences. Utilized the city's top chefs to cook for media and generate awareness about the destination and its culinary offerings. Incorporated the city's mayor and industry partners. • Implemented intensive program of power pitching to both targeted regional and top -tier national media, highlighting a vibrant tourism industry that featured new hotels and retail outlets such as The Arcade, along with special artistic events such as Waterfire, Festival of Historic Homes and Pridefest. • Developea targeted pitch letters, news releases and individual visit invitations to key and influential regional and national media outlets. • Designed itineraries showcasing neighborhood revitalization and arts and culture happenings for exclusive press trips and ongoing individual visits with media from target publications. Included meeting with city's Mayor, acting as an ambassador, as part of itineraries. • Arranged desk -side meetings for city spokespeople with top media, including NY Daily News, NY Times, Food & Wine, Wall Street Journal, Travel + Leisure, Boston Globe, Meetings & Conventions and many more. • Coordinated extensive broadcast coverage including multiple Providence chef cooking demos on NBC's "Today" and additional regional coverage. • Integrated social media messaging to match PR outreach with an emphasis on building video content. THE IMPACT • Named America's Favorite City 2014 by Travel + Leisure. • Secured multiple stories in outlets such as Boston Globe, Yankee Magazine, Wall Street Journal, New York Daily News, New York Times, American Way, Travel + Leisure, National Geographic Traveler, Amtrak's Arrive, Fodors, Peter Greenberg and USA Today among others. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 60 March 28, 2016 New Business 7 -d 102 of 162 Media events included top target publications: Travel + Leisure, Forbes, Departures, "Today" show, "Rachael Ray" show, Food & Wine, New York Times, Conde Nast Traveler and Bon Appetit, among many others. Increased demand for accommodations and overall development as a result of booming tourism. Development led to nearly a thousand additional rooms and ten new restaurants to the marketplace. Reach: 114 million; Advertising Equivalency: $8.5 million. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 61 March 28, 2016 New Business 7 -d 103 of 162 Shermar�sTravel HAAID PICKED DEALS, EXPERT ADVICE. An Artsy, Affordable Weekend in Providence, RI: Part II BpUTtQ E -rx& - M E1Y 8r GirETz Fart t of our Providence vveekend guide covers what to do and ,,,,,here to eat Here s the scoop on the shopping scene — and our favorite hotel in town Whir+ to Shop What s a weekend trip without some shopping? Start your browsing at ,Arcade Providence. ,,filch was founded In 1828 and was the first indoor mall In the United States. Herer t*jcie, a designer collective that offers both ready -made and custom clothing. is a must for fashionistas For accessories and home goods. try i. r:re ,: r= ierr+r,n, whic h Is helmed by two RISO grads and just set up shop earlier this year There are also some surprisingly diverse vintage clothing options. particularly on the west side of town where you can find everything from dresses to jewelry , to cowboy hats, and other Southwestern goods Some local favorites Include Hal! s on Broadway Joynoe Traders, IJIN7, P,IlMx ± okgjay, and 1.Vh to q,,rffalo -- and be sure to pick up a Frovidente vintage guide that maps out related stores and pop -ups Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 62 March 28, 2016 New Business 7 -d 104 of 162 ShermansTravel HANt}PICKECi DbA S. LXPi -RT AL)VICL An Artsy, Affordable Weekend in Providence, RI: Part I if you re looking for the kind of sweet New England charm that goes on posit ards Providence is not the place to visit Thais not to say that the city doesn t have beautiful college campuses and historic architecture Its just that Rhode Islands capital is more of a place where artsy young talent meets urban grit Its a city that bec omes more interesting once you delve below the pretty surface Providence has a colorful past pounded nearly 400 years ago as part of the onginal 13 colonies. it grew wealthy thanks to an Industrial Revolution -era manufacturing boom Then, as the story unfortunalety often goes. it fell into decline as industries shut down before and during the Great Depression After that. organized crime gave Providence the kind of reputation that Detroit had in the Uidwest — a place knov-in for its drugs. crime and poverty But c reatrAty runs through the city's fabric — it is after all. home to the renowned Rhode Island School of Design. Broom University, and the nonprofit Johnson & Wales University These days a younger generation of gifted artists chefs and locals vvho love their hometown have the reins and the baldness to experiment and move Providence forward Their passion is evident in the boutiques abundant galleries and delicious restaurants that they re either in the process of establishing or reinventing Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 63 March 28, 2016 New Business 7 -d 105 of 162 Forbes An Inside Look At StyleWeek Northeast Rhode Island was once known as the Jewelry Capital of the World. At one point. Providence produced So% of the costume je%tvin- made in the U.S. grid as the home of the Rhode Island School of Design (RISD). Rosanna Ortiz klieg there was a fashion scene that was waiting to be reinvented. I liat's why she founded StOeWeek Northeast in aoog. "I started it to give designers a platform and the resources they need to start a collection." says Drtiz. a native Californian A%Ith a background in marketing and public relations. "It provides an industn- so RISD people don't have to leave." Going on now through September W1. 15 runWaN shows %%ill be held at the ballroom at the Providence G (don't muss Rooftop at the G for a killer view of the cit-v and delish cocktail.- and Mediterranean fare). plus all accessory showcase and. of course. fashion after parties. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 64 March 28, 2016 New Business 7 -d 106 of 162 Corte NWt iraveler f7 !!•! :!i an 7Ps 6? � Sri! The Providence, Rhode Island Neighborhood You Need to Know About Providence's Doti ncitg neighborhood felt 1.-aguely forbiddhig as recently as ten years ago_ But lately, its 19th - century warehouses and stone -heirn thoroughfares have been ti lnsformed— Downcity is now a culinary and cultural destination. \earl• 30 bars, restauilnts. and boutiques opened hi the past gear, and more are on the xx-ag_ Here's where to go on your nett trip to Providence- Cotares y Ar eade Pro vidence Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 65 E TRAVEL+ LEISURE March 28, 2016 New Business 7 -d 107 of 162 PzWV Meg toe 4�c +aa 0 +•.aPP - FtVE REASONS TO GO NOW A:.4`,ti "t' QOiOGI IN �Mi+M v Cw '.'.P •. •r § ♦a a7..i«b. C� EKtn ,. vw , �. 1 MRwM xIM <aY f p�apprsar w - =P . . ,.. v•. mewpaa:arx. xvt rwx aoaKR. . - +PM�a}�,y ur bT. axamr lasaaaa .A p+-• ' fCNM1��;'»+�. e11.]x.r .11xAt xPflP�FxM OM.lP... .Y� KI�.w:nLnil.Y a. 's4.e f�A41 V..*a+w.+x4 Mr.. `� rK +'rx r.«WVwa. .:fA kr�i"w aA + #xr hs. SexN Y "�� : RMwIAYf MnrafnAn x+'xi rYf .Aw.1 a� a.aa takes f•M *ox^pM a MaMtw i+.. xM Nct,.•. +..,yP. Sx€a.: s xnml.IPn..IS«1 +« .M�k+Pa RA "'ve A/aar Gf.•I taas,�AilJ, •x.. i' HV Efu.s'x 18.` »a£ �-.aN �}'.NnY 2M •.P(xIT aas .yy MM MW Mi>+!+xa,r.r tP�P�'a n t. =.. NayepY�'^Mtf. Nw.l MY'IP mar'.. ...r aYW'xw C+itMMIY •d4 4rdP w;w.NaMu and i -I AwP?h*d.lH pxi. fIL $�+"lAne�ePs ..1"x.� f. s.n 41. ' .. .. .. ».x4 anQMIM "'. +.•rOr.x.Vx +aa ....• ..., 'yl S 1t�eawa•xUPMttY.x sa . � - k f. sai.. . .. mP ♦ Saq trwN..W U.�xn L ". .. +t ^.A •:.:. a yam, r.*'tlMN3.tlt• x+Mac..* f WfsaF.'s�' eMUM MA +'dYxPx1 i M& Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 66 March 28, 2016 New Business 7 -d 108 of 162 Provide at least one sample of a "break- through" and innovative approach tourism destination public relations and marketing experience. Sonoma County, California, a longtime agency client, has created what we consider to be a break - through business model that leverages the collective strengths of three pillars of the destination: tourism through The Sonoma County Convention & Visitors Bureau, winemakers and wineries through Sonoma County Vintners, and growers through the Sonoma County Winegrape Commission. These three organizations have joined together in an unprecedented manner to work cooperatively, including jointly sharing office space, staff and marketing efforts (including their PR agency!) Beyond working closely together, the destination partners also works smartly - fostering a collective atmosphere of creativity while being responsive to the needs of journalists and constituents. The destination also places an emphasis on authenticity. It knows who it is and does not try to pretend to be anything else. The three organizations have helped create a distinctive identity - the anti -Napa - attracting visitors and investors alike who appreciate the more laid back, less corporate, more down -to -earth and real destination - that also happens to produce some of the world's greatest grapes and most sought -after wines. Along those lines, Sonoma County has become a pioneer in sustainability as well as an innovator through programs such as the conjunctive labeling of its wines from multiple regions into one identity. Through our award - winning work with Sonoma County, we have seen first -hand the benefits of partner integration and we think this is a model that more destinations should consider. Below is a case study highlighting some of our work on the combined clients' behalf: Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 67 March 28, 2016 New Business 7 -d 109 of 162 CASE STUDY: SONOMA COUNTY RAISING AWARENESS OF SONOMA COUNTY'S DIVERSE REGION THE CHALLENGE • Aligr efforts between Sonoma County Tourism Bureau, Sonoma County Winegrape Commission and Sonoma County Vintners. • Elevate Sonoma County's brand awareness for key attributes such as its outstanding wine offerings, but also authenticity, geographic diversity and distinct travel experiences. • Promote annual events and initiatives that speak to regional trend of experiential travel, connection to the land and winemaking process, "grape -to- bottle." • Highlight value opportunities and culinary scene. THE ACTION • Leveraged the power of cooperative efforts through the combined resources of The Sonoma County CVB, Sonoma County Winegrape Association and Sonoma County Vintners and Growers. Recognizing that "a rising tide lifts all boats," worked in unison to integrate their messaging, promotional materials, and budgets to provide a comprehensive vision of the destination's offerings. • Implemented "Sonoma in the City," series of national events and guerrilla efforts - New York, DC, San Francisco, Dallas, San Diego, Los Angeles. • Utilized viticultural reputation as an entry point for media conversation, including tastings with senior editors at top outlets such as Food & Wine and Conde Nast Traveler, but then providing "Did you know ?" messaging that the destination was much more than the wine they were enjoying. • Created customized media itineraries, highlighting region's diverse geographic offerings. • Increased awareness of Sonoma County through experiential travel initiatives/ events, Sonoma Vineyard Adventures, Sonoma Wine Country Weekend and Sonoma County Grape Camp. • Organized exclusive wine and cheese tasting at Time Inc. headquarters. Over 40 editors attended from Food & Wine, Travel + Leisure. THE IMPACT Generated impactful hits: Associated Press, Conde Nast Traveler, CNN.com, Forbes, Men's Fitness, National Geographic Traveler, New York Magazine, Reuters, Saveur, Today.com, Travel + Leisure, USA Today, Wall Street Journal, Vancouver Sun, and more. Important destination events such as Grape Camp and Wine Country Weekend enjoyed their best years in their respective histories in terms of sales and visitations. Hotels reported sold -out occupancy levels during the time periods and the region is enjoying strong buzz and business. Reach: 330+ million; Ad Equivalency: $1,100,000+ Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 68 March 28, 2016 New Business 7 -d 110 of 162 III. PROPOSER'S EXPERIENCE AND CAPACITY Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 69 March 28, 2016 New Business 7 -d 111 of 162 Demonstrate key parts of your firms experience that makes you uniquely qualified to perform these services for the County, including: Indicate your thoughts and philosophies on destination public relations and site examples of how you positioned other destination marketing organization clients, the challenges you faced and the ways you overcame those challenges in delivering those strategies. In the eyes of today's jaded media, there are very few places in the world that are truly unique. Most of America's "hot" cities these days have some form of culinary scene, trendy neighborhood, museums, galleries, attractions, etc. Many are trying to be "The New Brooklyn" or "The New Charleston" or "The New Austin" or some variation. And that's OK. However, for Florida's Paradise Coast to succeed, it needs to be true to itself. It needs to be authentic. It needs to be who it is. This is the philosophy we employ in promoting our destination clients, and it has paid off. As a result of this approach, our work in the field has won more Hospitality Sales & Marketing Association International (HSMAI) awards during the past 15 years than any other agency or organization. Additionally, LH&A has earned the Creativity in Public Relations Award from Inside PR, three Big Apple Awards, the Atlas Award from the Association of Travel Marketing Executives, and the "Five -Star Award — Best Travel Public Relations Firm" from the North American Travel Journalists Association (NATJA). Founder and President Lou Rena Hammond herself was honored by the Women in Communications' Matrix Award and the Winthrop W. Grice Award, HSMAI's highest achievement. As the acknowledged industry leader in destination public relations, our body of work and experience also reflects a philosophy based on the idea that every client is different, with different strengths, challenges and needs. Our method is to analyze our client's needs and then craft a personalized plan that is tailored to meet them. We are often asked to share our expertise with our partners in the travel industry and members of senior management have been featured speakers at the Destination Marketing Association International conference, as well as ESTO and many others throughout the country. Our leadership position is evident in our client base. Listed below is a sampling of current destination clients and dates when the partnerships commenced. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 70 March 28, 2016 New Business 7 -d 112 of 162 CURRENT CLIENT SAMPLING- Bristol, Rhode Island (2012) *: Showcase Bristol as a quintessential New England waterfront destination, rich in history, culture and family fun alongside miles of accessible coastline. Capture the attention of a wide - ranged audience by highlighting the outdoor adventure, local shops, eclectic dining options, historical attractions, thriving arts community and annual festivities that give the port town its authentic character. Charleston (2008): Showcase the city and surrounding areas for its culinary sophistication, culture, charm and rich history. Position as a vacation destination for families, couples and avid golfers with diverse attractions, award - winning restaurants, golfing paradise, a thriving art scene, a collection of historical plantations and outdoor adventure activities. Lexington, North Carolina (2014): Foster economic development and expand tourism for this charming yet dynamic city located one hour from Charlotte in the North Carolina Piedmont, capitalizing on the city's rich history and its heritage as a leading manufacturing center for furniture and textiles while showcasing its progressive and innovative approach towards education, livability and a diversified economy driven by a business friendly climate. Nassau Paradise Island (2009). Promote Nassau /Paradise Island as a convenient destination known for having some of the most beautiful white sand beaches in the world and turquoise blue water. Draw attention to its variety of direct airlift as well as its location of less than an hour's flight from Miami and three hours from New York. Feature its spectrum of resorts from ultra - exclusive to family - friendly. New Hampshire (2012): Showcase as a quintessential, four - season New England destination highlighting diverse attributes and assets found in seven distinct tourism regions. Emphasize an abundance of activities ranging from outdoor adventure and natural attractions to festivals, museums and history. New Haven (2008): Reposition New Haven as a vibrant city enjoying an urban renaissance through the arrival of acclaimed restaurants, eclectic shopping, educational adventures and a sophisticated nightlife. Pitch destination as offering urban sophistication, charm and artistic culture that rivals that of any New England destination to major national, regional and local media outlets. Norfolk (2000): Tout the great American city of Norfolk, for 400 years the dynamic heart of Virginia's storied coastal region; Pitch the city's lively blend of history and heritage, contemporary attractions, fine dining, outdoor adventure and the commonwealth's most revered cultural institutions to top national and regional media outlets. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 71 March 28, 2016 New Business 7 -d 113 of 162 Paducah, KY (2014): Establish destination as a global leader in crafts and folks arts, leveraging its UNESCO designation and garnering exposure for its Artist Relocation Program. Embrace devotees of the quilt movement and attract fiber arts enthusiasts to this culturally rich town. Panama City Beach, FL (2009): Publicize the year -round offerings in the destination, known for its 27 miles of sugar -white sand beaches and Spring Break experience. Promote diverse attractions and activities as ideal for mid - market families, couples, groups and adventure - seekers. Providence, R1 (2005" Implement a public relations plan that cultivates the city of Providence as a thriving and vibrant destination in the Northeast that offers diverse travel getaway experiences to top national and regional media outlets. Santa Fe (2010). Create attention for Santa Fe by encouraging visitors to discover — or rediscover — the quality, variety and value of what "The City Different" has to offer. Position as an outstanding vacation destination by promoting Santa Fe's history, heritage, outdoor adventure, arts and culture. Sonoma County (2009): Accent Sonoma County as a premier wine region with an award - winning culinary scene, over 250 wineries and 13 diverse winegrowing regions. Promote distinctive travel experiences from wine camps and spa retreats to family getaways and adventure travel. Virginia (2005): Advance "a love of life and passion for travel" in Virginia, focusing on the state's wide array of family, culinary, wine, history and adventure attractions. Highlight significant events, including the 75th anniversary of the Blue Ridge Parkway, annual Virginia Wine Month and more. 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. A full - service public relations agency, Lou Hammond & Associates (LH&A) was founded in 1984 in New York City by Lou Rena Hammond after her distinguished 15- year tenure at Pan American World Airways, where she served as director of public relations and public affairs, and as lobbyist for the state and city of New York. Beginning with three clients and three employees, LH&A has grown to become the industry leader in tourism public relations, featuring one of the industry's most prestigious client rosters serviced by 40 full -time employees. Headquartered in New York City, we are an independent agency that also has offices in Miami, Los Angeles and Charleston, SC. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 72 March 28, 2016 New Business 7 -d 114 of 162 As a result, we represent more facets of travel marketing than any other agency, regardless of size. Our roster includes blue -chip clients in the fields of destinations, hospitality groups, hotels and resorts, culinary/spirits, cruise and arts /culture, creating powerful synergy that encourages the formation of partnerships to yield maximum benefits. We are large enough to provide a wide range of creative services and digital support at an affordable cost, yet small enough to give each client personalized attention, responding quickly to changing needs and opportunities. We have earned the respect of the media and a reputation for service, integrity and unparalleled style due to our strategic communications programs that emphasize swift action, innovative solutions and a global perspective. LH&A believes nothing demonstrates success like a long -term relationship. As such, we care deeply about the company we keep and enjoy one of the highest client retention rates in the industry. On average clients remain with us for four years — with a third of all current clients on the LH&A roster for over five years and many over ten. Client longevity is both a source of pride and a demonstration of client collaboration. We are a proud member of the PR World Network, an international association of independent agencies we established three years ago with like- minded companies to offer worldwide public relations and marketing services. Composed of 22 global agencies, the group has capabilities in 50+ countries in Africa, Asia, the Caribbean, Europe, Latin America, the Middle East and North America. Offering an array of services, including diverse languages, network members stand ready to support our clients for international representation. Our enthusiasm is legendary, starting with Lou Hammond herself, who is regarded as one of the most well- known, vocal and enthusiastic advocates for our clients and the travel industry. Lou is an involved member of the LH&A team, and she has instilled a culture of innovation and collaboration that encourages everyone in the agency to provide idea brainstorming that yields innovative communication strategies. Under her leadership, the agency's collective brainpower serves as an invaluable and creative force in securing results. Our passion for building relationships is noticed by others as well. According to The Holmes Report, the industry's leading trade journal, "Hammond and her team know their categories... and enjoy outstanding relationships with the media that cover those categories." Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 73 March 28, 2016 New Business 7 -d 115 of 162 We're proud to be different and independent! Our approach is different with sound fiscal policies that benefit clients and build long -term relationships. Since our founding, we have NEVER billed off of time sheets, unless specifically requested. Rather, we work from an agreed -upon marketing plan. At times, clients' needs require extraordinary effort, and we believe they are entitled to that. We never run out of time when clients need us. Another pillar of our philosophy: we don't earn profits by marking up outside services. When you need us to secure an outside service, what it costs us is what you pay. We offer a full range of public relations and marketing communications services, including: • Strategic Planning/ Branding • Media Relations • Special Events • Integrated Marketing • Brand Development • Reputation Management • Digital Marketing • Public Affairs • Crisis Communications • Media Training • Promotional Partnerships • Corporate Responsibility Describe the various team members' successful experience in working with one another on previous projects. Please detail contributions that the team members have made to these projects, and how their contributions were measured. LH&A has the benefit of employing the most talented team in the business. We work diligently to foster a sense of camaraderie and teamwork, along with a fun dose of friendly competition. The Collier County team consists of: Terence Gallagher, President, LH&A New York - overall account management and strategic direction Carlyn Topkin, Account Supervisor - day -to -day client liaison, writing, pitching, event planning Matt Sessions, Account Executive - writing, editing, media liaison Stephanie Ferraris, Account Coordinator - research, reporting, news bureau Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 74 March 28, 2016 New Business 7 -d 116 of 162 The team works together as a unit, with Carlyn and Terry working together on the account since its inception in 2012. They have helped deliver award - winning results for the destination and have been joined this past year by Matt and Stephanie. This same team also works together on TOURISM Santa Fe and Sonoma County in much the same roles as Collier County. The best measurement of their collective work is the fact that these are each long -term, satisfied clients with each working with the agency for more than five years. • Describe how you handle crisis management and fast breaking negative media attention. With respect to this, why is your firm better at handling these situations than your competitors? Crisis management remains as vital a part of the services we offer today as it did at the agency's inception 30 years ago. Our chairman's expertise in crisis management was forged during her tenure at Pan American World Airways, where she managed challenges ranging from labor disputes, such as employee strikes, to life- and -death situations involving airplane loss. As the airline's lobbyist for the City and State of New York, she became well versed in governmental issues. This background was beneficial in the formation of her own public relations agency, where a comprehensive understanding of these issues and the know -how to support client needs has become a staple. The first step is to be prepared and available on a moment's notice, made possible by the agency's 24 -hour Duty Officer Program handled by trained and experienced staff. LH&A is available to clients 24 hours a day, seven days a week, ensuring prompt handling of all contingencies. Services include: • Counsel client on procedures; create specific plan • Support and direction to client staff • Draft/distribute statements for traditional and digital outlets; follow up as appropriate; maintain media log • Develop target list of influential media, creating dialogue as situation warrants • Formulate local outreach program; on -site staffing • Monitor media outlets, websites, blogs, Twitter; responding as required • Create employee outreach program, making them aware of situation • Act as spokesperson and /or train assigned client representative(s) • Implement recovery program Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 75 March 28, 2016 New Business 7 -d 117 of 162 IV. PROPOSER'S TEAM MEMBERS ASSIGNED TO COUNTY'S SCOPE OF WORK Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 76 March 28, 2016 New Business 7 -d 118 of 162 TERENCE GALLAGHER President — LH&A New York Collier County Role: Account Manager, Strategic Direction Terence Gallagher joined Lou Hammond & Associates in 1992 and is a destination marketing leader who has planned and implemented strategic campaigns for a range of travel industry accounts, resulting in award - winning placements among national broadcast, print and digital media. Utilizing his 25+ years of experience in the travel communications industry, he has handled everything from spur -of- the - moment crisis management situations and last- minute special events to long -range planning for destinations, restaurants, world -class hotels, cruise lines and airlines. A destination marketing specialist, his award - winning campaigns include, among others, the positioning of Sonoma County as America's premier wine and vacation region, the revitalization of Providence, R.I., as one of the country's hottest cultural and culinary getaway destinations, and of course, the promotion of Florida's Paradise Coast as the ultimate upscale escape location. The Hospitality Sales and Marketing Association International honored each of these campaigns. An accomplished speech writer and featured speaker at industry conferences and seminars, Terry is also an authority on strategic promotional partnership programs. He has developed client tie -ins with retailers such as Macy's and Bloomingdales, broadcast outlets such as ABC -TV's "The Bachelor," sports franchises such as the Boston Red Sox and Miami Heat, and iconic events including Fashion Week. Terry graduated from St. Peter's University, N.J., where he studied English and Journalism. A father of three, home is a priority for his wife and him. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 77 March 28, 2016 New Business 7 -d 119 of 162 CARLYN TOPKIN Account Supervisor Carlyn Topkin specializes in executing integrated and attention - grabbing campaigns on behalf of LH&A's hotel and destination clients, including Florida's Paradise Coast and Sonoma County, California. In addition to media relations, Carlyn specializes in event organization and execution, media visit coordination and building a positive reputation for her clients. She has worked with top production companies to bring national shows to LH&A destinations including "The Bachelorette," "Giada in Paradise" and "The Getaway" and has secured partnerships with global brands including Henri Bendel and Fodor's Travel. A member of the LH&A team since 2012, Carlyn has also spent time on the digital side of the agency, working closely with the Hammond Digital+ team on social efforts for both the agency's social platforms, as well as for clients. Prior to joining LH&A, Carlyn worked in the public relations department at Major League Baseball in New York City. A native of Florida, Carlyn graduated from the Burnett Honors College at the University of Central Florida with a bachelor's degree in Advertising and Public Relations and Spanish. Carlyn completed a semester abroad program in Madrid and has advanced Spanish - language capabilities. MATT SESSIONS Account Executive Matt Sessions specializes in serving destination and hospitality clients at Lou Hammond & Associates. He joined the company with a heavy background in feature film development, literary representation and brand - strategy management after having lived in Los Angeles for many years. During his time in the entertainment industry, Matt participated in the creative development of major films at Paramount Pictures as well as other studios. He joined LH&A in 2013 and has secured extensive coverage for his clients in outlets including The New York Times, Chicago Tribune, Los Angeles Times, The Huffington Post, among others. Additionally, Matt introduced the Formula Lites race car and series through his work with a leading industry manufacturer and launched a social media campaign, resulting in a 100.5% increase in followers on Facebook, Twitter and Instagram through organic engagement, creative programs and promotions. His experience working with destination clients includes Florida's Paradise Coast, TOURISM Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 78 March 28, 2016 New Business 7 -d 120 of 162 Santa Fe and Sonoma County. Additionally, Matt works with hotels & resort properties, as well as major cultural festival including the Montreal Jazz and Montreal High Lights Festivals. A native of Rye, N.Y., he graduated from Georgetown University in 2007 with a bachelor's degree in English and a minor in Sociology. He participated in a study abroad in Melbourne, Australia and loves travel, cooking, sports, photography and reading. STEPHANIE FERRARIS Account Coordinator Stephanie works with travel and destination clients at Lou Hammond & Associates. Her day -to -day role involves account maintenance, media list building, press release drafting, press coverage evaluation, and social media. Stephanie graduated from Clemson University in Clemson, S.C. with a B.A. in Communication Studies and a minor in Spanish. During her years at Clemson, she had the opportunity to intern for a public relations firm and a retail company, working on public relations, marketing, and social media initiatives. She also participated in a study abroad program in Madrid, Spain for 5 months, where she experienced a wide range of cultures and developed her Spanish speaking proficiency. In her spare time, Stephanie enjoys travel, fitness, and spending time with her family. Resumes follow: Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 79 Carlyn Topkin March 28, 2016 New Business 7 -d 121 of 162 EXPERIENCE Lou Hammond K Associates; New York, New York Account Supervisor, October 2014 - Present Director, Hammond Digital +, May 2014- October 2014 Senior Account Executive, November 2013 - May 2014 Account Executive, December 2012 - November 2013 Account Coordinator, January 2012 - December 2012 Oversee and execute mid -level projects including briefs and client event outlines. Proactively seek opportunities for outreach and strategic partnerships. Arrange and escort media press trips and desk -side meetings in NYC and regional markets. Create high -level pitching calendars and annual plans. Draft and distribute press releases and pitches to secure online, print, broadcast and radio coverage. Provide consultation for social media content for clients and agency platforms. Lead client conference calls and serve as point person for six accounts. Supervise and support three junior employees. Major League Baseball; New York, New York Public Relations Intern, September 2011 - December 2011 Monitored media coverage and produced daily clips with distribution over 100, managed MLB Dominican Republic Twitter (MLB_DR) and in 6 months saw followers grow nearly 50 %, Admin work including answering phones, copying, faxing responding to emails, fulfilled reporters requests, assisted with staff and media credentials, researched athletes to be involved in outreach projects, wrote summaries and documents for World Series media guide, completed an annual report tracking coverage of press release coverage and identified key writers and opinion leaders in the field. Partnership; Orlando, Florida ublic Relations Intern, May 2011- August 2011 Partnership is a travel and lifestyle full - service ad agency, now known as 1MGY. Brainstormed buzz tactics and promotional items for clients. Wrote nd distributed press releases and media alerts to generate press overage via Cision. Monitored media coverage, which resulted in daily lips and monthly reports. EDUCATION University of Central Florida- Burnett Honors College Advertising /Public Relations, Minor in Spanish Graduated May 2011 Orlando, Florida Abroad; Universidad de Alcal6 Spain, Spring 2010 cariyn.topkin@gmail.com SKILLS New York, New York Proficient in Spanish, Mac OSX, Microsoft Office, Cision, Burrelles Luce 727 - 798 -4494 Solutions- oriented, aggressive and driven. Strong writing skills. Twitter: ctopkin Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 80 March 28, 2016 New Business 7 -d 122 of 162 Matt C. Sessions 1575 Lexington Avenue #6 New York, NY 10029 T: (914) 424.9942, E: matt.msessions@amall.com EXPERIENCE LOU HAMMOND & ASSOCIATES - New York, New York August 2013 - Present Account Executive Responsibilities: • Day -to -day account maintenance for destination, hospitality and consumer clients • Daily media relations outreach to secure national and regional print, broadcast and online coverage in consumer, business and trade media • Writing and editing of press releases, interview preparation materials and brand overview documents • Development of proposals, capabilities decks and case studies for new business opportunities and assist in the training and supervision of junior staff • Development and implementation of social and digital media strategies • Coordination and supervision media events AMALFI ESTATES - Pacific Palisades, California April 2012 - November 2012 Coordinator • Identified properties for development and liaised with respective homeowners • Created, edited and distributed marketing materials to local publications, residences and businesses • Supervised open -house property showings, liaised with potential buyers and provided internal reports PROTAGONIST BRAND ENERGY - Venice Beach, California July 2011 - February 2012 Marketing Coordinator / Assistant to Founder Cr CEO • Managed high volume of scheduling, email and phone correspondence as well as business expenses • Served as director's assistant on media shoots and events and provided both technical and story script notes • Develop social and digital media branding strategies • Assisted in the creation of marketing and capabilities decks FAKE EMPIRE PRODUCTIONS (PARAMOUNT PICTURES) - Los Angeles, California June 2010 June 2011 Creative Executive Trainee / Assistant to President of Features • Managed day -to -day tracking of current and potential projects, created and managed a database of written coverage of scripts, books, graphic novels, and other intellectual properties for development • Proactively identified and pitched potential projects and liaised with agents, managers and studio executives • Created casting and other development presentations for studio executives WILLIAM MORRIS ENDEAVOR ENTERTAINMENT - Beverly Hills, California August 2007 - May 2010 Assistant • Tracked ongoing and potential client projects (writers, directors, producers) • Managed scheduling for agents and their respective clients, as well as managed a high volume of phone and electronic correspondence • Managed business and personal expenses for agents and their respective clients • Provided written coverage reports of potential client projects (scripts, books, graphic novels, plays etc.) EDUCATION GEORGETOWN UNIVERSITY August 2003 - May 2007 Bachelor of Arts - English major / Sociology minor • Georgetown Entertainment and Media Association Executive Board (GEMA) SKILLS ft ADDITIONAL INFORMATION • Proficient with Mac OS X and Windows operating systems, as well as all Microsoft Office software • Proficient with Cision, BurrellesLuce as well as social media platforms (Facebook, Twitter, Hootsuite) • Interests: Reading, current events, photography and culinary • International Travel Experience: Australia, New Zealand, Fiji, Thailand, England, Ireland, Austria, Spain, Portugal, Hungary, The Netherlands, Mexico, Canada, Cuba, The British Virgin Islands, The Bahamas Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 81 March 28, 2016 New Business 7 -d 123 of 162 StephanieFerraris 1321 Third Avenue, Apt 5C, New York, NY 10021 732 - 865 -4043 stephanieferrarisCgmail.com Qualifications • Positive, enthusiastic attitude toward travel and lifestyle • Operational knowledge of Public Relations and Marketing • Hard - working with exemplary planning and organization skills • International travel experience including Spain, Portugal, France, Morocco, Ireland and Bahamas Education Clemson University, Clemson, SC December 2014 Bachelor of Arts in Communication Studies GPA: 3.81 Minor in Spanish ISA Study Abroad, Madrid, Spain January 2014- May 2014 • Strengthened Spanish speaking proficiency Related Experience Lou Hammond & Associates New York, NY Account Coordinator February 2015 - Present • Handle day -to -day maintenance of multiple destination and hotel accounts • Draft, edit and distribute press releases to target media outlets • Conduct media relations, including pitching, fulfilling image requests and building target media lists • Build connections with journalists and maintain relationships • Assist with planning and executing promotional events • Coordinate individual media visits and group press trips dOMAIN Public Relations New York, NY Public Relations Intern May 2014- August 2014 • Assisted executives with public relations initiatives for fashion, beauty, lifestyle, and hospitality brands • Compiled and maintained accurate contact lists for various media outlets using Cision Point • Conducted extensive research regarding the company's clients to secure press placement • Aided in preparation and organization of client events in the New York area • Helped promote brands through celebrity support, social media channels, and community awareness Komar Brands New York, NY Ecommerce /Marketing Intern May 2013- August 2013 www.cuddiduds.com • www.carolehochman.com • www.ongossamer.com • www.lemysterc.com • Aided in the launch of the Le Mystere ecommerce site • Created new product roadmaps to ensure timely representation and categorization • Managed online data and function of various ecommerce websites using Magento ecommerce platform • Assisted with photography needs to support digital marketing • Collaborated with the Ecommerce team to coordinate marketing plans to attract customers Additional Skills • Microsoft: Word, Excel, PowerPoint • Communication Tools: Cision Point, ProfNet, HARO • Social Media: Facebook, Twitter, Instagram and Pinterest • Web Analytics: Google Analytics Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 82 March 28, 2016 New Business 7 -d 124 of 162 Identify the proposed account manager if you are awarded the Collier County Account. Include resume and detailed list of career accomplishments. Additionally, provide responses to the items listed below in the format identified. LH&A's Collier County Account Manager is Terence Gallagher (bio in previous section): 1. Number of years the project manager has in a leadership role in the public relations industry. 27 2. Number of governmental accounts managed by the proposed account manager over the two year period. (1/l/12-12/31/14). 6 3. Number of proposer's fulltime equivalent staff (including the account manager) assigned to the County's scope of work in this RFP. • Attach resumes of all staff assigned to our account. 4 4. Number of other accounts to be managed concurrently by the account manager should this firm receive an award to this RFP. 6 TOTAL add 1 + 2 + 3, then subtract 4 31 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 83 March 28, 2016 New Business 7 -d 125 of 162 V. COST OF SERVICES Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 84 March 28, 2016 New Business 7 -d 126 of 162 Monthly Fee for All Services (10 of 15 Points 1. Provide a "flat monthly fee" to provide all of the services outlined in this RFP. Note: this "flat monthly fee" will be firm for the initial $11,000 term of the contract. er month Monthly Out of Pocket Expenses (5 of 15 Points) 2. Provide a project maximum "monthly out of pocket expenses" to cover associated expenses with the services of this RFP $1,666 (per month LH&A works on a monthly retainer annual contract basis. It does not bill on an allocated "time" basis and, in fact, no time records are maintained. All personnel are available as needed to achieve desired results regardless of time considerations. Clients receive the attention they need, when they need it. Activity is conducted on the basis of a public relations program developed jointly with the client team and quantified to the extent possible. The fee is developed from this program. • Retainer fees are payable monthly in advance • No expenses incurred on behalf of clients are marked up in any way • Supervision costs are included in fees • Approved expenses are billed one month in arrears • Retainer contracts are subject to termination with 90 days' notice by either party Lou Hammond & Associates' proposed 12 -month fee is $132,000 payable monthly in advance at $11,000. Included in that cost are out of pocket expenses such as telephone, postage, messenger and photocopying. Additional expenses such as staff /media travel and media events are pre- approved and billed at cost with no markup. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 85 March 28, 2016 New Business 7 -d 127 of 162 VI. REFERENCES Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 86 March 28, 2016 New Business 7 -d 128 of 162 C�[i W C UMty AdmirdsMw Services Depvtmft Proc Mt t Sery = Dm W Attachment 9: Reference Questionnaire Reference Questionnaire for: Tourism Public Relations Services (Name of Company Requesting Reference Information) Lou Hammond & Associates (Name of Individuals Requesting Reference Information) —L-A Name: 1f—W, ea, Company: SOA --4q C-ov^jTY -J-0uAIrM (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: �'- 9' �Z�Z Telephone: 1�w*- 5-27- ri/o 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: Destination Public Relations Project Budget: in Excess of $100,000 Change Orders - Dollars Added : N/A Completion Date: Ongoing Project Number of Days: 12 -month contract Change Orders - Days Added: N/A kern Citeria Score 1 Ability to manage the costs (minimize change orders to scope). !� 2 Ability of team members to work with your organization. 3 Quality of news releases about your destination. /0 4 Ability and quality of message created about your destination. /10 5 Professionalism of project manager and ability to manage personnel. to 6 Project administration (completed news releases, final product turnover; invoices etc.) I L2 7 Ability to verbally communicate and document information clearly and succinctly. !0 8 Abiitity to handle crisis management and fast breaking negative media attention. 1d 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. `o 10 Overall comfort level with hiring the company in the future (customer satisfaction). /O TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By T k*1oc, tW tS (APB .4 At. -e oh ��a� reaohe e, 4,'i 1 LA LWE aw"u-ry,P,•mt k (�. 614A rt : Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 87 March 28, 2016 New Business 7 -d 129 of 162 CAW county Adminso-abm Serum Dwa*rwd Procurement Services Division Attachment 9: Reference Questionnaire Solicitation: 15.6520 Reference Questionnaire for: Tourism Public Relations Services (Name of Company Requesting Reference Information) Lou Hammond & Associates (Name of Individuals Requesting Reference Information) Name:Bruno A. Baggetta CompanyWarket New Haven, Inc. (City of New Haven,CT) (Evaluator completing reference questionnaire) (Evaluators Company completing reference) Email: bbaaaettaOctooen.2M FAX: N/A Telephone: 203.776.7331 ext 5816 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 fine /individual again) and 1 representing that you were very unsatisfied (and would never hire the finnfindivdival 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: Destination Public Relations Project Budget: In Excess of $100,000 Change Orders - Dollars Added : N/A Completion Date: Ongoing Project Number of Days: 12 -month contract Change Orders - Days Added: N/A Rem Made Score 1 Ability to manage the costs (minimize change orders to scope). 10 2 Ability of team members to work with your organization. 10 3 Quality of news releases about your destination. 10 4 Ability and quality of message created about your destination. 10 5 Professionalism of project manager and ability to manage personnel. 10 6 Project administration (completed news releases, final product turnover; invoices etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to handle crisis management and fast breaking negative media attention. 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 Please FAX this completed survey to: By Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 88 March 28, 2016 New Business 7 -d 130 of 162 CAW cow y Ads, a sew oearo,w,t Procurement Services Dwis Attachment 9: Reference Questionnaire Solicitation: 15.6520 Reference Questionnaire for: Tourism Public Relations Services (Name of Company Requesting Reference Information) Lou Hammond & Associates (Name of Individuals Requesting Reference Information) Name:Kristen L. Adamo Company:Providence Warwick CVB (Evaluator completing reference questionnaire) (Evaluators Company completing reference) Email: Kadamo9DGoProvidence.com FAX: 401 - 351 -2090 Telephone: 401456 -0231 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 firth /individual again) and 1 representing that you were very unsatisfied (and would never hire the firmfindivdival 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: Destination Public Relations Project Budget: In Excess of $100,000 Change Orders - Dollars Added : N/A Completion Date: Ongoing Project Number of Days: 12 -month contract Change Orders - Days Added: N/A Item Citeria Score 1 Ability to manage the costs (minimize change orders to scope). 9 2 Ability of team members to work with your organization. 10 3 Quality of news releases about your destination. 8 4 Ability and quality of message created about your destination. 10 5 Professionalism of project manager and ability to manage personnel. 10 6 Project administration (completed news releases, final product turnover; invoices etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to handle crisis management and fast breaking negative media attention. n/a 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 Please FAX this completed survey to: By Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 89 March 28, 2016 New Business 7 -d 131 of 162 C:oI.Lier CoHmy Admmistr M Services Departrrrent Pmanement Services Dm wn Attachment 9: Reference Questionnaire Solicitation: 15 -6520 Reference Questionnaire for. Tourism Public Relations Services (Name of Company Requesting Reference Information) Lou Hammond & Associates (Name of Individuals Requesting Reference Information) Name: Kris Neilsen Company:NH Division of Travel and Tourism Development (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: kds.neilsen @dred.nh.gov FAX: 603 - 271 -6870 Telephone: 603 -271 -2665 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 fine /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: Destination Public Relations Project Budget: In Excess of $100,000 Change Orders - Dollars Added: N/A Completion Date: Ongoing Project Number of Days: 12 -month contract Change Orders - Days Added: N/A item Citeria Score 1 Ability to manage the costs (minimize change orders to scope). 10 2 Ability of team members to work with your organization. 10 3 Quality of news releases about your destination. 8 4 Ability and quality of message created about your destination. 8 5 Professionalism of project manager and ability to manage personnel. 10 6 Project administration (completed news releases, final product turnover: invoices etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to handle crisis management and fast breaking negative media attention. 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 96 Please FAX this completed survey to: By Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 90 March 28, 2016 New Business 7 -d 132 of 162 c,e, catty Admnistve Serhoes I�epar6nent r r« t Dvmw Attachment 9: Reference Questionnaire Solicitation: 15 -6620 Reference Questionnaire for: Tourism Public Relations Services (Name of Company Requesting Reference Information) Lou Hammond & Associates (Name of Individuals Requesting Reference Information) Name:Mitch Whitten Company: Fort Worth Convention & Visitors Bureau (Evaluator completing reference questionnaire) (Evaluators Company completing reference) Email: mitchwhitten @fortworth.com FAX: 817.336.3282 Telephone: 817 - 698 -7841 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: Destination Public Relations Project Budget: In Excess of $100,000 Change Orders - Dollars Added: N/A Completion Date: Ongoing Project Number of Days: 12 -month contract Change Orders - Days Added: N/A Item Citeria Score 1 Ability to manage the costs (minimize change orders to scope). 9 2 Ability of team members to work with your organization. 9 3 Quality of news releases about your destination. 8 4 Ability and quality of message created about your destination. 7 5 Professionalism of project manager and ability to manage personnel. 10 6 Project administration (completed news releases, final product turnover; invoices etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to handle crisis management and fast breaking negative media attention. 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). 7 TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 91 March 28, 2016 New Business 7 -d 133 of 162 VII. ACCEPTANCE OF CONDITIONS Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 92 March 28, 2016 New Business 7 -d 134 of 162 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. There are no exceptions. Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 93 March 28, 2016 New Business 7 -d 135 of 162 VIII. REQUIRED FORM SUBMITTALS Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 94 March 28, 2016 New Business 7 -d 136 of 162 NOT APPLICABLE S -Ol fvr county Administrative Services Departrnent Procurement se­ D!"s,on 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 15 -6520 — Public Relations Services 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 15-6520 Public Relations Services 30 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 95 March 28, 2016 New Business 7 -d 137 of 162 C-Orwr coHHty Adnnnistrative Services Department Procurement 8.rnc D,­— 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: Adam Northrup, Procurement Strategist ✓ The mailing envelope must be sealed and marked with Solicitation 15 -6520 and Due Date 11/06/2015. ✓ 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: Lou Hammond & Associates Address: 900 Third Avenue City, State, Zip: New York, NY 10022 Telephone: 212 - 308 -8880 Email: louh louhammond.com Representative Signature: Representative Name: Terence Gallaaher Date 11/0312015 15.6520 Public Relations Services 31 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 96 March 28, 2016 New Business 7 -d 138 of 162 coder County Admintstrabve Services Department Prover z Ser— D,­— 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: Lou Hammond & Associates Signature and Date: 11/03/2015 Print Name Terence Gallagher Title of Signatory President, New York Office State of M_ t (I V, County of SUBSCRIBED AND SWORN to before me this 2 day of CAA ►M t�V 20 1 by :::R_x� r.Cp ILI Ilk, �W who is personally known to me to be the for the Firm, OR who produced the following identification w —) Sir Si!_h n L My CommiAsion Expires Vb 1'ct� U 0. MiSAEL MENDOZA Notary Public - State of New York Pao. 01 ME6276796 Qualified in New York County 'AV Commission R>apiree Feb. 25, 2017 15.6520 Public Relations Services 32 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 97 March 28, 2016 New Business 7 -d 139 of 162 wrier county AdmirmstraWe Services Deparbnent Procurement Ser—es D,,— Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 15 -6520 — Public Relations Services 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: 15 -6520 — Public Relations Services . (Proposal Continued on Next Page) 156520 Public Relabons Services 33 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 98 March 28, 2016 New Business 7 -d 140 of 162 15.6520 Public Relations Services 34 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 99 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 33d day of November 201 j in the County of New York in the State of New York. Firm's Legal Name: Lou Hammond & Associates, Inc. Address: 900 Third Avenue City, State, Zip Code: New York, NY 10022 Florida Certificate of P02000078131 Authority Document Number. Federal Tax Identification 01 -0740680 Number CCR # or CAGE Code 13- 020 -4571 Telephone: 212 - 308 -8880 FAX: 212 - 891-0200 Signature by: Terence Gallagher (Typed and written) Tide: President, New York Office Additional Contact Information Send payments to: Lou Hammond & Associates, Inc. (required if different from above) Company name used as payee Contact name: Laura Cohen Tide: Controller Address: 145 King Street, Suite 411 City, State, ZIP Charleston, SC 29401 Telephone: 84372241880 FAX: 843501 -1626 Email: lsurac@louhammond.com Office servicing Collier County to place orders (required N dHferent from above) Contact name: Title: Address: City, State, ZIP Telephone: Emad 15.6520 Public Relations Services 34 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 99 March 28, 2016 New Business 7 -d 141 of 162 NOT APPLICABLE co114er cou"ty Admwstrative Services Department Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 15 -6520 — Public Relations Services (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: STATE OF FLORIDA Title: ❑ 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) 15.8520 Public Relations Services Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 100 March 28, 2016 New Business 7 -d 142 of 162 Coder County AdministroWe Services Department Procurement S."ro s wIS�m Attachment 6: Immigration Affidavit Certification Solicitation: 15 -6520 – Public Relations Services 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 Lou Hammond & Associates Print Name Terence Gallagher Title President, New York Office Signature A`10-60 Date 11/0312015 State of County of �V- The ff regoing instrument was signed and acknowledged before !fie this day of , 2oL, by wit �ou�o - "l32'��' 101.3 f 1� "�W��( who has produced �S%, ma— %– as identification. (Print or Type Name) (Type of Identifi ion and Number) Notary Pub[ c nature ivii�i>•EL MtNDOZA Notary Public - State of New York i:io. Oi ME6276796 Printed Name f o ry Pubi'c kt ./ ,� l Qualified in New York County ��Elp2�c������' !!' ,nv Cammleebn iapiroe Feb. 25, 2017 Notary Commission N ber /Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 15.6520 Public Relations Services Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 101 March 28, 2016 New Business 7 -d 143 of 162 C,Oliwer Coumty Administrable Ser\Aces Department Procurement Sen,�s D1,/&on 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 Lou Hammond & Associates. Inc. (as shown on income tax return) Business Name (if different from taxpayer name) Address 900 Third Avenue, Suite 401 City New York State NY Zip 10022 Telephone 212- 308 -8880 FAX 212 - 891 -0200 Email louh (Mlouhammond.com Order Information Address SAME AS ABOVE City State Zip FAX Email 2. Company Status (check only one) Remit I Payment Information Address SAME AS ABOVE City State Zip FAX Email Individual / Sole Proprietor ✓ Corporation Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) C 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) 13- 3245968 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 11/03/2015 Terence Gallagher Title President, New York Office Phone Number 212 -308 -8880 15 -6520 Public Relations Services 37 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 102 March 28, 2016 New Business 7 -d 144 of 162 colr c014xty Administrative Services Depamnent Procurement Semites 01-- Attachment 8: Insurance and Bonding Requirements Insurance f 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 $5QQQDQ 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 indemnity 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 ContractorNendor /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 $ 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 ❑ 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 $500.000 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 S per claim and in the aggregate Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 103 March 28, 2016 New Business 7 -d 145 of 162 • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ 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 bome 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 10/2/2015 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 Lou Hammond & Associates Date 11/0312015 Vendor Signature Print Name Terence Gallagher Insurance Agency C.T. Lowndes & Co. Agent Name Jens Zander Telephone Number 843- 737 -8299 15 -6520 Public Relations Servioes 39 Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 104 AC�oR& CERTIFICATE OF LIABILITY INSURANCE March 28, 2016 New Business 7 -d 146 of 162 DATE (MMIDDNYYY) 11/3/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: N the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsemen s . PRODUCER NAME: Jana Zander, CPCD, CIC C. T. Lowndes - Mt. Pleasant Office PH NN Eael: (843)884 -3159 FAX No): (863)911-9891 966 McCants Dr. E D �_jzanderrpcctloundes.com LIMITS INSURER(S) AFFORDING COVERAGE NAIL 8 Mt. Pleasant SC 29464 INSURERA OhiO Security — MOntgomsry 24082 INSURED INSURER B:OhiO Casualty 24074 Lou Hammond a Associates Xnc INSURERC: 145 Ring St INSURER D: Spite 411 INSURER E: Charleston SC 29401 INBU RF: COVERAGES CERTIFICATE NUMBER:1516 ALL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 3299 Tamiami Trail East IN ADOL 6UBR POLICY EFF POLICY EXP Maples, FL 34112 LTR TYPE OF INSURANCE POLICY NUMBER IYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 11000,000 A CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea —) S 1,000,000 X 88855609265 7/1212015 7/12/2016 MED EXP(Arry one person) S 15,000 PERSONAL 6 ADV INJURY S 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG S 2,000,000 OTHER: Employee Dlshone* $ 25,000 AUTOMOBILE LIABILITY CO BIKED) SINGLE LIMIT S (Ea 11000,000 ANY AUTO BODILY INJURY (Per person) S A _.._ _. ALL OWNED X SCHEDULED BUSS696220 7/12/2015 7/12/2016 AUTOS _ AUTOS BODILY INJURY (Per accident) $ X X NONOSWNED PPRO�p�iDAMAGE $ HIREO AUTOS Uninsured mole t combined $ 1,000,000 X UMBRELLA LIAR OCCUR EACH OCCURRENCE f 5,000,000 B EXCESS LIAR CLAIMS-MADE . AGGREGATE S 5,000,000 X 00055609265 7/12f2015 7/12/2016 DED RETENTION 10 000 f WORKERS COMPENSATION PER O X AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOR,PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? y NIA A (Mandatory In NH) XKSS5609265 7/12/2015 7/12/2016 It yyeess desuibe under E.L. DISEASE - EA EMPLOYEE S 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEWLES (ACORD 191, AddMomf Rerlarle $ch duM, mey M a1delled K mess .pea Y required) Those usual to the insureds operation. Lou Hammond a Stephen Hammond are excluded from coverage under the workers, compensation policy. Solicitation 15 -6520 Tourism Public Relations services Certificate holder is included as additional insured on the commercial general liability policy for any and all work performed on behalf of Collier County per form HP 7996 0713 if required by written contract. CERTIFICATE HOLDER CANCELLATION ®1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (2ouo1) Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 105 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Hoard of County COmissioners, Maples, Florida THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3299 Tamiami Trail East AUTHORIZED REPRESENTATIVE Maples, FL 34112 Bill Silcox /JAZ 4..�* ®1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (2ouo1) Lou Hammond & Associates, Inc. Response to Request for Proposal, Collier County November 5, 2015 Page 105 (o 70 N O N C/) O 00 N N C L � r U � � m Z E O LL Y C C y l0 E a) O V d to N N CL R N o v O G) > C =a � C � L d � � r � 7 a E o a Lo E U o 'i U O r O L ' N V � =d aai O y LL *� _ C N O O L 7 O _0 O U C C O L Y a) -O 'o c -O Y .� En O N c6 O OO C U m a in E O N � ca LO E cc - z fan U > O Q � () N (6 C 3 N O O) a) O N 'O C > C O N a) a O f6 a) (6 a EE to N N N O C O a C 0 o a (D o O L E L > O O � U O E T Y CZ C: N O N C N U O C n 7 O N E w L w O C Q1 C U O L p 2 Cc: N X O, (n U N C C C a) > a) O) N Z (1) L N E N N E O O co C U N N 2 . U N O L ca O C C O o O E o_ -o� .0 E-0 a cn a) a a) a) 0 0 c E @ a Q . � E cn in a) >i LL E O) a) cm i Y COL L Q N O O' w E o a) - E a a Y C U N O) (D � Etn oUE C O O N — C U O N N _ o E co U E O U o o` o c CO C Q o N CL 0 CL 0 r N 0 fn U) to m > a) L C O c O U_ O rn _D L O co (6 N O CL O 0-2 - O 7 N (0 L Q) c>6 y to L lQ L � C C E w � a) w E O LL y Y C C tQ C C N Co O1 C O UL) U U) (n N Z) o -O > > a a C: C E T) E o c U a) C O N U > N cD C 4) ` O as E o 0 c E v E Z Y O a U V V w c o 0 CL v � s s O 3 C w az r >_ O c m C V a ; a oNOaonwN O O O n C) N O) m i G C iw 4) a° m o: o v o o n m o O V O N r n 0 Cn O N r O O r N 0- c H � CO t0 N co N W v E Vj r r r r r N C F O d E d V V O C � N O N Q w C H K 'a O w a C r O C � m M ryy O d = O r ma F to C O) O ' C i C O O E O U m O C c (6 U oN Z U Q 'O N y -0 co a � 3 0 - > E U 3 3 Q Q E 0 = a) cn O -0 > L> Y O a) O j 0 QUW -11, a) L C O c O U_ O rn _D L O co (6 N O CL O 0-2 - O 7 N (0 L Q) c>6 y to L lQ L � C C E w � a) w E O LL y Y C C tQ C C N Co O1 C O UL) U U) (n N Z) o -O > > a a C: C E T) E o c U a) C O N U > N cD C March 28, 2016 New Business 7 -d 148 of 162 AGREEMENT #15 -6520 for Tourism Public Relations Services THIS AGREEMENT, made and entered into on this day of 2016, by and between Lou Hammond & Associates, Inc. (FL), authorized to do business in the State of Florida, whose business address is 900 Third Avenue, New York, NY 10022 (the "Contractor ") and Collier County, a political subdivision of the State of Florida, (the "County "): WITNESSETH: 1. CONTRACT TERM. The contract shall be for a two (2) year period, commencing on May 1, 2016 and terminating on April 30, 2018. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give The Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 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 180 days. The County Manager, or his designee, shall give The Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Public Relations Services in accordance with the terms and conditions of RFP #15 -6520, Exhibit A - Scope of Services, and the Contractor'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, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated annual amount of one hundred fifty -one thousand, nine hundred ninety -two dollars and zero cents ($151,992.00), in the form of monthly lump sum payments (lump sum is further defined in Section 3.1 Price Methodology). The monthly lump sum payment shall be eleven thousand dollars ($11,000.00) (totaling $132,000.00 per annum) plus travel and reimbursables (out -of- pocket expenses) not -to- exceed nineteen thousand, nine hundred and ninety -two dollars ($19,992.00) per year. Page 1 of 15 Agreement #15 -6520 "Tourism Public Relations Services" �O G March 28, 2016 New Business 7 -d 149 of 162 Payments shall be made to the Contractor not more frequently than once per month upon receipt of a proper invoice, upon approval by the Tourism Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 3.1 Price Methodology. Lump Sum (Fixed Price): a firm fixed total price offering for a project, the risks are transferred from the County to the Contractor; and, as a business practice there are no hourly or material invoices presented, rather, the Contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 3.2 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 "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 3.3 Travel and Reimbursable Expenses. Travel and Reimbursable Expenses (out of pocket expenses) must be approved in advance in writing by the County. Travel expenses shall be reimbursed at actual cost in accordance with Collier County Resolution No. 200640 "Travel Expenses for Persons Conducting Official Tourism Business" and §125.0104, Fla. Stat. Contractor's travel time will be included in the monthly service fee. Reimbursable items (out of pocket expenses) other than travel expenses shall be include but not limited to; telephone long- distance charges, fax charges, parking fees, reasonable commercial transportation, reasonable gratuities, taxes, tolls, entertainment, location rental and catering for events, photocopying charges, shipping and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 4. SALES TAX. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85- 8015966531C -2. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following address: Page 2 of 15 Agreement #15-6520 "Tourism Public Relations Services" GAO March 28, 2016 New Business 7 -d 150 of 162 Lou Hammond & Associates, Inc. (FL) 900 Third Avenue New York, NY 10022 Attention: Terence Gallagher, President Telephone: 212- 308 -8880 . Fax: 212-891-0200 Email: terryg®louhammond.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239- 252 -8407 Facsimile: 239- 252 -6480 The Contractor 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. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. 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 Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor 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 Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor 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 Page 3 of 15 Agreement #15 -6520 "Tourism Public Relations Services" L121 March 28, 2016 New Business 7 -d 151 of 162 regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor 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 Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor 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, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A.Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B.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. C. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $500,000 each claim and in the aggregate. Page 4 of 15 Agreement #15 -6520 "Tourism Public Relations Services" March 28, 2016 New Business 7 -d 152 of 162 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 Contractor during the duration of this Agreement. The Contractor 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. Contractor 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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 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 intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor 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. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, 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 Contractor. Contractor's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or Page 5 of 15 Agreement #15 -6520 "Tourism Public Relations Services" V� March 28, 2016 New Business 7 -d 153 of 162 an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered by the Collier County Tourism Department, on behalf of the Naples, Marco Island, Everglades Convention and Visitors Bureau (CVB). 14. CONFLICT OF INTEREST. Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. 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: Contractor's Proposal, Insurance Certificate(s), Exhibit A - Scope of Services, RFP #15 -6520 and Addenda. 16. SUBTECT 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. 17. 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. 18. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Contractor 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: Page 6 of 15 Agreement #15.6520 "Tourism Public Relations Services" �O March 28, 2016 New Business 7 -d 154 of 162 (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 19. 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. 20. 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. Page 7 of 15 Agreement #15 -6520 "Tourism Public Relations services" GAO March 28, 2016 New Business 7 -d 155 of 162 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 22. 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 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 Contractor 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. 23. 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. 24. KEY PERSONNEL. The Contractor'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 Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor 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 Contractor 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. 25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents and /or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents. Page 8 of 15 Agreement #15 -6520 "Tourism Public Relations Services" V'O March 28, 2016 New Business 7 -d 156 of 162 26. ASSIGNMENT. Contractor 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 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 the County. (Signature page to follow) Page 9 of 15 Agreement #15 -6520 "Tourism Public Relations services" G March 28, 2016 New Business 7 -d 157 of 162 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. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (SEAL) First Witness TType /print witness nameT Second Witness TType /print witness nameT Approved as to Form and Legality: Ossis;;t County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Lou Hammond & Associates, Inc. (FL) By: Signature TType /print signature and titleT Page 10 of 15 Agreement #15-6520 "Tourism Public Relations services" GAO March 28, 2016 New Business 7 -d 158 of 162 Exhibit A Agreement #15 -6520 "Tourism Public Relations Services" Scope of Services The Contractor will create and implement an effective out of market media relations strategy that may include but not be limited to the following: 1. Provide full range media pitching and targeting that includes: • Nurture personal media relationships on our clients' behalf; • Develop pitches specifically targeted to each individual outlet and journalist by niche; • Create pitches that reference the journalist's recent stories and specific section topics; • Utilize statistics wherever possible to support trends; and • Employ unobtrusive follow -up with journalists. 2. Develop a media grid of agreed -upon, targeted outlets for the destination's key niche segments. The Contractor will then craft pitch angles and story ideas customized for the audience. The Contractor will utilize. the segmented media grid to track responses and plan additional tactical outreach such as desksides and media visits. 3. Implement a proactive campaign directed to the broadcast media. The Contractor will continually research and review programs on network and cable TV as well as shows in syndication that may be appropriate for the County. The Contractor will work with the County to target key broadcast outlets that have national exposure on morning shows, talk shows, cable networks such as Travel Channel, Food Network, HGTV, Wealth TV, Bravo, etc. and more. The Contractor will work closely with the outlets' publicists and editors to provide regular, current information. 4. Provide access to the County for the agency's extensive computerized database. 5. As part of its media mailing services, the Contractor will create an addendum for each client, which includes personnel and other non -media contacts the client wants to reach with its materials. 6. Release of a tailored calendar of events, with emphasis on particular seasons and holidays. These are times when media are particularly looking for news and special offerings. Page 11 of 15 Agreement #15 -6520 "Tourism Public Relations services" G40 March 28, 2016 New Business 7 -d 159 of 162 7. Operate an aggressive Collier County News Bureau. The bureau will be staffed and equipped to pitch the media proactively and respond 24- hours -a -day to inquiries, refer coverage opportunities to the appropriate parties, give advice on trends and developments and provide current information. The Contractor will provide a fully - staffed extension the Collier County media team to help you to be execute activities for which you may not previously have had the time or staff to utilize. Actions of the News Bureau will include: • Handle inquiries, referring to the County as necessary; • Alert the media to news, developments and opportunities; • Maintain a fact file, electronic image and multimedia library; • Provide current information on all aspects of the destination; • Research editorial calendars to facilitate placements; • Review potential media visits; • Maintain updated listings of journalists with their specific interests, continuing regular contact to maximize enthusiasm, providing information as necessary; • Develop and present high- impact story ideas; • Providing the client with clips of all media coverage; and • Monitor and maintain an Online News Room. 8. Incorporate the County into as many appropriately themed agency -wide releases as possible. 9. Post material on the Contractor's Facebook site and tweet about news from the Contractor's Twitter handle with 1,500+ followers. 10. Participate actively in the Collier County marketing process. This will include being involved in the strategic planning process and participating in key tourism meetings and events. 11. Provide a 12 -month program and timeline of activities in cooperation with the Director of Public Relations. In addition, no releases or other materials will be disseminated without written client approval. 12. Distribute the following resource guides to the County and its constituents on an annual basis: Travel Industry Meeting Booklets - This book will contain a listing of some 139 important worldwide travel industry meetings with dates, locations, topics and contact information; Page 12 of 15 Agreement #15 -6520 "Tourism Public Relations Services" 2 F NO]. March 28, 2016 New Business 7 -d 160 of 162 Calendar of Holidays - This year -long calendar outlines major North American holidays with corresponding deadlines for editorial coverage of related news; Hotel /Tourism Award Listings - This book is a compilation of 64 significant opportunities for hotel/ tourism awards and 22 surveys; information provided includes criteria, deadlines and contact names for entries. 13. Coordinate seminars to benefit the County and its constituents. The seminar is designed for people who can benefit by learning from public relations experts and are staged in a central location convenient for multiple tourism and economic development partners. Participants also receive an update on the public relations program. 14. Create weekly, monthly and quarterly newsletters for the County. These newsletters contain a mix of destination updates, partner news, and promotions, supported by appropriate imagery. 15. The Contractor will assist the CVB in the creation of the in- market newsletter. It will be important to stress opportunities for their involvement in the CVB's activities and utilize the newsletter to outline upcoming events and opportunities with deadlines for participation. 16. Develop and implement a Visiting Journalist Program in which the Contractor makes individual judgments on each and every journalist requesting a visit. Further, it is essential that a Visiting Journalist Program (VJP) be developed and monitored monthly to ascertain placement timing. Knowing who has traveled and where and when placements can be expected, delivers an organized approach that maximizes value for visits granted. The Contractor will: - Aggressively encourage the right journalists to visit the destination; Review requirements/ requests and anticipated results with client approvals; - Work with an airline partner to secure airline tickets; Assist client with itinerary arrangements; - Forward press materials; and Monitor and report results. Each individual press trip request is submitted to the client with the agency's press request form, outlining the journalist's affiliation, audience reach and special interests as well as agency recommendation and remarks. A client signature authorizes the agency to proceed with the trip. Any top media that are not allowed to participate in sponsored visits (such as Conde Nast Traveler and Travel+ Leisure, USA Today and The New York Times). The Contractor will Page 13 of 15 Agreement #156520 "Tourism Public Relations Services" G March 28, 2016 New Business 7 -d 161 of 162 work with this media and encourage them to consider why they should arrange a visit on their own. Through one- on-one contact, the Contractor will make a compelling case about the destination and its news value. The Contractor offers assistance with fact checking, photography and source material to help them create their stories. 17. Create an integrated social media campaign that will help the County build brand equity and credibility, engage customers, attract events, reach goals, track metrics and conversation trends. The Contractor will: • Advise regarding best practices to use social media sites effectively given the synergy between the various communication channels ( i.e., an iPhone image can be posted to Flickr, a Facebook page and then tweeted). Across all social media platforms, the Contractor will also monitor to evaluate, track /measure conversations. • Support the presence on relevant social networks such as Facebook for the Naples, Marco Island, and Everglades - Paradise Coastal brand to launch direct-to-consumer incentives, online events, contests and communication to increase fans. Promotions can be customized and targeted to both the peak leisure season and slower season as need dictates. • The Contractor will provide Collier County with tips and suggested course of action to leverage micro blogging sites such as Twitter, developing a content calendar as necessary. The Contractor can create exclusive promotions /incentives for followers and engage those followers through experts, live events and conferences. The Contractor will monitor topics and retweets through TweetBeep and other tracking outlets, as well as link Tweets between Facebook, YouTube, etc. as desired. The Contractor will also feature Collier County and its partners on its own Twitter page, which is comprised of a ready network of some 1500+ top media and industry followers. • The Contractor will monitor coverage and reviews, responding to noteworthy blog posts as agreed upon by the client to help manage perceptions within the online community and become part of blog conversation with transparent messaging at the authority's direction as well. The Contractor will serve as an advisor regarding best practices for establishing its own blog, if desired, including proper language, tone and frequency of posts, as well as offering direction on linking blog updates to client Facebook page and other social media outlets. • The Contractor will work with Collier County to ensure that any information that appears on Wikipedia is correct, helping to implement any revisions if necessary. Agency, at client direction, can also create entries. • The Contractor will post on Video sharing Web sites such as YouTube, Yahoo! Video and Google Video allow users to distribute video clips to the masses. With the proper distribution, consumers interested in learning more about Collier County can easily find related videos online. The Contractor will develop a distribution Page 14 of 15 Agreement #15 -6520 "Tourism Public Relations Services" GAO March 28, 2016 New Business 7 -d 162 of 162 strategy and schedule consisting of appropriate video sharing Web sites and "tagging" with the goal of achieving a viral effect, measuring viewers as necessary. Post on web sites like Flickr, Zoomr and Picasa to enable marketers to share and post images with several audiences, including media. The Contractor can support Collier County capitalizing on current photo - sharing trends, with tactics ranging from the upload of high- impact photography and strategic "tagging" and "geotagging" of online photos, to participation in relevant online groups and the execution of online photos contests, all the while measuring viewers as necessary. • The Contractor will assist in concepting and developing personalized apps that interface with smart phone technologies. We will seek to work with new geo- gaming opportunities such as Foursquare and SCVNGR as well. The Contractor can also support Podcast development as well as other Web 2.0 tools. • The Contractor will provide ongoing counsel on how to build the Naples, Marco Island and Everglades brand through social media, keeping abreast of all new developments. The Contractor is also to help strategize and integrate all social media efforts, linking each outlet to the other. Page 15 of 15 Agreement #15.6520 "Tourism Public Relations Services" Q'Z G March 28, 2016 New Business 7 -e 1 of 10 EXECUTIVE SUMMARY Recommendation to approve the 2016 Football University (FBU) event expenses using Category "B" Tourist Development Tax Funds with a local support budget of $86,000, approved the attached contract with All American Games, and make a finding that this expenditure promotes tourism. OBJECTIVE: Approve local event expenses to bring the Football University (FBU) event back to Collier County for 2016 & 2017. CONSIDERATIONS: The FBU event has been hosted in Collier County for two years. This is a national championship football event showcasing the best sixth, seventh and eighth grade football teams and stars from around the nation. The event has been televised (locally /nationally) for the past two years and has brought great exposure to our community. The event takes place in December, prior to the busy Christmas to New Year's holiday period. Based on the success of the past two years, the organizers of the FBU event, All American Games (AAG), desire to return to Collier County for their 2016 and 2017 event. AAG plans to double the size of the event from 12 teams to 24 teams. This growth would bring added visitor spending to our community during a slower part of the year. Here is a breakdown of the impact of the proposed 2016 and 2017 events, compared to the 2015 event. 2016 and 2017 Event Projections (in comparison to 2015) Teams 24 (from 12) Visitors 4,250 (from 2,125) Location of teams Up to 24 different states represented (from 8) Length of Stay 6 Days (from 5 days) Direct Spending $3,060,000.00 (from $1,530,000) Economic Impact $4,590,000.00 (from 2,295,000) Room Nights 4,500 (from 2,250) March 28, 2016 New Business 7 -e 2of10 Proposed FBU National Championship Expenses 2016 Expenses to be Paid By Collier County Vendor Projected Cost Stadium Rental Fees and Event Staffing (site $25,985.00 - To Collier County Public Schools and managers, custodians, event clean up etc.) City of Naples for Fleishman Park as facilities to meet the needs of the FBU event per FBU contract attached. Team Transportation to and from stadiums by local $20,000.00 — As our portion of the total transportation company transportation cost as outlined in FBU agreement. Game Officials and Athletic Trainers $15,300.00 — To All American Games, Inc. per contract attached for game officials and trainers for this event. Trainers are independent contractors. Hospitality accommodations for FBU staff and $10,600.00 — To host hotel for event staff as event workers. chosen by FBU. All hospitality accommodations will be secured from local vendors following the Board's Procurement Ordinance. Trophies for winning teams $600.00 —Will obtain quotes per the Board's Procurement Ordinance from local trophy companies and County approved vendors Player and parent welcome reception $10,200.00 — Will obtain quotes per the Board's Procurement Ordinance from local and County approved vendors for specialty items Law Enforcement for security during games $3,315 — To City of Naples Police and Collier County Sheriff for security per FBU contract attached. Total to be Paid to Local Vendors by Collier County $86,000.00 Procurement of services will be in compliance with Collier County's Purchasing Ordinance and Policies. The FBU staff has indicated that with the expansion of teams, they will need two additional fields to adequately stage the event. With the number of teams doubling and the length of stay increasing, the number of potential room nights could also double. The funding for media coverage of the FBU event will be included in our advertising agency of record approved media budget for FY 17 in the amount of $170,000. Increases in field fees, transportation, and other event support expenses would total approximately but will not exceed $86,000 from $60,270. FISCAL IMPACT: Funding for support for the FBU event will be budgeted in the Tourism Division FY 17 budget in Fund 184 in the amount of $86,000 in Sports Marketing Event Support. GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. — CMG March 28, 2016 New Business 7 -e 3of10 RECOMMENDATION: Recommendation to approve the 2016 Football University (FBU) event expenses using Category "B" Tourist Development Tax Funds with a local support budget of $86,000, approve the attached contract with All American Games, and make a finding that this expenditure promotes tourism. Prepared by: Jack Wert, Tourism Director Attachments: Contract with AAG March 28, 2016 New Business 7 -e 4of10 ALL AMP�PgICAN GAME March 10, 2016 Naples, Marco Island, Everglades CVB 2660 Horseshoe Drive Suite #105 Naples, FL 34104 In accordance with our discussions with Naples, Marco Island, Everglades Convention and Visitors Bureau (CVB), a part of Collier County Government (County), this letter ( "Agreement ") sets forth the agreement among Football University, LLC ( "FBU "), located at 100 Forge Way, Suite 1, Rockaway, New Jersey 07866, and the Collier County Board of County Commissioners, located at 3301 Tamiami Trail East, Naples, FL 34112 for ( "CVB's ") participation as a national sponsor and Naples as the host city of the FBU National Championship and related events (the "National Championship ") to be played during the week of December 17 -20, 2016 and TBD in December 2017. I. Elements of the National Sponsorship of the National Championship. A. CVB elements. 1. Naples, Florida shall be designated the Host City of the FBU National Championship for 6th, 7th, 8th grade. II. Sponsorship / Operational Event Costs including essential site costs such as field rental fees, local transportation of teams medical coverage at events, officials, hospitality, site costs. A. Operational Benefits. The CVB shall provide, directly or through third parties, the operational benefits set forth on Schedule I — A. Expenses and costs are subject to approval and appropriation by Board of County Commissioners and will be in compliance with legal uses of tourist tax revenues. III. Right of First Negotiation A. Extension, Right of First Negotiation. The parties hereto agree that the Term of this Agreement with Collier County is to be the official Host Community of the National Championship for the 2016 through 2017 editions of the National Championship. Additionally, within thirty (30) days following the Term, FBU and the CVB and then- current advertising, marketing and public relations agency with respect to the National Championship, FBU shall deliver a proposal for the terms and conditions for a renewal of such sponsorships ( "Proposal "). The CVB shall have the exclusive right of negotiation with respect to the Proposal for thirty (30) days following delivery of the Proposal ( "Negotiation Period "). At this time based on the success of the event the extension of term will be renewed or terminated via written agreement. C9O March 28, 2016 New Business 7 -e 5of10 IV. Additional Terms A. Licenses. 1. During the term of this Agreement, County grants FBU a limited license to use the designation of Naples as the Host City of the National Championship in online and print marketing and the CVB trademarks delivered by CVB or their advertising agency of record to FBU, and to use all CVB proprietary creative materials, trade names, logos and artwork created by CVB and delivered to FBU pursuant to the terms of this Agreement (collectively "CVB Marks ") for the sponsorships and activities described herein, in the performance of FBU's responsibilities hereunder. FBU will honor any reasonable request by the CVB to cease using, or modify its use of, any CVB Marks in particular materials. Except for the rights expressly granted by the CVB with respect to the CVB Marks, the CVB reserves all rights in and to the CVB Marks, including but not limited to the right to sublicense the CVB Marks to third parties. The CVB Marks are trademarks exclusively owned and controlled by the County and that all goodwill associated with the use of the CVB Marks shall inure to the benefit of the CVB. FBU shall not seek to register any name or trademark that includes or is confusingly similar to the CVB Marks. 2. During the term of this Agreement, FBU grants the CVB a limited license to use the designation of Naples as the Host City of the National Championship in online and print marketing and the FBU trademarks delivered by FBU to the CVB, and to use all FBU proprietary creative materials, trade names, logos and artwork created by FBU and delivered to the CVB pursuant to the terms of this Agreement, including but not limited to, the National Championship logo (collectively "FBU Marks ") for the sponsorships and activities described herein, in the performance of the CVB's responsibilities hereunder. The CVB will honor any reasonable request by FBU to cease using, or modify its use of, any FBU Marks in particular materials. Except for the rights expressly granted by FBU with respect to the FBU Marks, FBU reserves all rights in and to the FBU Marks, including but not limited to the right to sublicense the FBU Marks to third parties. The FBU Marks are trademarks exclusively owned and controlled by FBU and all goodwill associated with the use of the FBU Marks shall inure to the benefit of FBU. Neither the CVB or County shall seek to register any name or trademark that includes or is confusingly similar to the FBU Marks. OdJ Naples Sponsorship Agreement Page 2 March 28, 2016 New Business 7 -e 6of10 B. Representations Warranties and Indemnifications. 1. Collier County represents and warrant solely for the benefit of FBU that: a) It has the right, power and authority to enter into this Agreement as approved by Board of Collier County Commissioners; b) Entering into this Agreement does not violate any agreement between the parties and any third party; and c) That the products, services, information or materials provided by or on behalf of the CVB, when used in accordance with this Agreement, do not infringe any existing U.S. copyrights, patents, trademarks, or other intellectual property rights of any third party. The County and CVB warrants that it has the right to provide the products, services, information or materials in accordance with the terms and conditions of this Agreement and such products, services, information or materials shall not infringe the intellectual property rights nor improperly provide the trade secret any third party. 2. FBU represents and warrants that: a) It has the right, power and authority to enter into this Agreement; b) Entering into this Agreement does not violate any agreement between the parties and any third party. INDEMNIFICATION To the maximum extent permitted by Florida law, the FBU 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 FBU or anyone employed or utilized by the FBU 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. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. Each party shall promptly advise the other in writing of any claim or demand against the other party or known to a party related to or arising out of the other party's activities under this Agreement. & Naples Sponsorship Agreement Page 3 March 28, 2016 New Business 7 -e 7of10 E. Limitation of Liability. 1. IN NO EVENT NO PARTY HERETO SHALL BE LIABLE TO THE ANOTHER, OR ANY THIRD PARTY, FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) OR ITS TERMINATION, AND IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. F. Confidential Information. 1. The parties shall keep in confidence, and shall neither use nor disclose to any third party, any information concerning this Agreement, or any other non - public information concerning the parties or any information proprietary to the parties (collectively, the "Confidential Information "), which may be disclosed to the other party in connection with this Agreement. Neither party shall use the name of the other party in any publicity release, advertising or otherwise without the other party's prior written approval. The provisions of this section shall survive any termination of this Agreement. Confidential Information does not include information that: (i) is or becomes part of the public domain, other than through breach of this Agreement by recipient; (ii) is required to be disclosed by court order or other legal process; (iii) is disclosed to the recipient by a third person after the full execution of this Agreement, and that third person has a legal right to make such disclosure; or (iv) is known to the recipient before receipt thereof under this Agreement or is independently developed by or for the recipient without reference to Confidential Information received from the disclosing party, as evidenced by its written records. This paragraph shall survive the expiration or termination of this Agreement for a period of one (1) year. This Agreement is subject to the provisions of Ch. 119, Fla. Stat., Florida's Public Records Law. G. Term and Termination. 1. The term of this Agreement shall commence as of the date the Agreement is executed by both parties, unless terminated earlier as set forth below, or extended in accordance with the provisions of Section (III)(A) hereof. Each party may immediately terminate this Agreement in event of notice of breach by the other party and such other party's failure to cure such breach within thirty (30) days of written notice of such breach. H. No Assignment; Independent Contractors. 1. The parties have entered into this Agreement based upon the particular reputation, capabilities and experience of the other party. Accordingly, the parties may not assign this Agreement or any of its rights hereunder, nor delegate or Naples Sponsorship Agreement Page 4 C9U March 28, 2016 New Business 7 -e 8 of 10 otherwise transfer any of its rights or obligations hereunder to any unrelated third party, unless the prior written consent of the other party shall first be obtained. Notwithstanding anything to the contrary in the foregoing, the CVB acknowledge and agree that certain obligations of FBU may be performed by affiliates thereof or its contractors. Moreover, the parties are independent contractors and neither has any authority to bind the other in any agreement or obligation. This Agreement does not create a joint venture, partnership or other relationship of any kind, or an obligation to form any such relationship between the parties. I. Notices. 1. All notices and other communications hereunder shall be in writing and shall be given by hand delivery to the other party or by registered or certified mail, return receipt requested, postage prepaid, or by next -day delivery service by a nationally recognized overnight courier, with confirmation of receipt, addressed to the parties at the addresses indicated on the first page hereof and to the individuals signing this Agreement on the execution page hereof. The contact for the CVB shall be Michael Obyc at 2660 N. Horseshoe Drive #105 Naples, FL 34104. J. Severabilitv. 1. If any provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, such provision shall be excluded from the Agreement, which shall continue to be valid and enforceable in all other respects to the fullest extent permitted by law. K. Governing Law. 1. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its rules related to choice of laws. Any action or proceeding commenced by either party in connection with this Agreement shall be commenced exclusively in the state or federal courts situated in the Collier County or the Middle District of Florida, State of Florida. L. Entire Agreement: Amendment. 1. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, understandings, and communications between the parties, whether oral or written, with respect to the subject matter hereof. This Agreement may be amended or modified only with the mutual written consent of both parties. A waiver of any provision of this Agreement in a given instance will not be deemed a waiver of such provisions at any other time. M. Force Majeure. 1. Neither party shall be liable for failure to comply with any of the terms and conditions of this Agreement when such failure to comply has been caused by fire, Naples Sponsorship Agreement Page 5 C9p March 28, 2016 New Business 7 -e 9 of 10 labor dispute, strike, war, insurrection, terrorism, government restrictions, natural disasters, weather, acts of God or other circumstances beyond the reasonable control of the parties ( "Force Majeure"). The party affected by such Force Majeure shall give prompt notice to the other party of such Force Majeure, and shall take whatever steps are reasonably necessary under the circumstances to attempt to relieve the effect of such Force Majeure. N. Counterparts. 1. This Agreement may be executed by manual or facsimile signatures and in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the date shown below. Football University, LLC By: Name: Title: Dated: ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: (bl—leen M. Greene Assistant County Attorney Naples Sponsorship Agreement BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Donna Fiala, Chairman Dated: CAO Page 6 March 28, 2016 New Business 7 -e 10 of 10 Schedule I - A Naples, Marco Island, Everglades Convention & Visitors Bureau Operational Consideration FBU National Championship Expenses 2016 Expenses to be Paid By Collier County Vendor Projected Cost Stadium Rental Fees and Event Staffing (site $25,985.00 - To Collier County Public Schools and managers, custodians, event clean up etc.) City of Naples for Fleishman Park as facilities to meet the needs of the FBU event per FBU contract attached. Team Transportation to and from stadiums by local $20,000.00 — As our portion of the total transportation company trans ortation cost as outlined in FBU agreement. Game Officials and Athletic Trainers $15,300.00 — To All American Games, Inc. per contract attached for game officials and trainers for this event. Trainers are independent contractors. Hospitality accommodations for FBU staff and $10,600.00 — To host hotel for event staff as event workers. chosen by FBU. All hospitality accommodations will be secured from local vendors following the Board's Procurement Ordinance. Trophies for winning teams $600.00 —Will obtain quotes per the Board's Procurement Ordinance from local trophy companies and County approved vendors Player and parent welcome reception $10,200.00 — Will obtain quotes per the Board's Procurement Ordinance from local and County approved vendors forspecialty items Law Enforcement for security during games $3,315 — To City of Naples Police and Collier County Sheriff for security per FBU contract attached. Total $86,000.00 Expenditures to be paid by Collier County in compliance with Collier County's Purchasing Ordinance and Policies. Od Naples Sponsorship Agreement Page 7 v March 28, 2016 New Business 7 -f 1 of 2 EXECUTIVE SUMMARY Recommend approval of Tourist Development Tax Category "B" funding to support the four upcoming FY 16 Sports Events up to $12,400.00 and make a finding that these expenditures promote tourism. OBJECTIVE: Approve funding support for managing and promoting four upcoming sports events in Collier County during FY 16. CONSIDERATIONS: Collier County is scheduled to host the following events in May and June 2016 The Tourism Division Sports Marketing Team has attracted these prestigious events to our community. The projected hosting costs to manage and promote these events are based on our past experience with similar events. The Tourism Division proposes to pay Parks and Recreation for the field rental and event support expenses for each event. Field rental and event assistance is an authorized expenditure for the BCC approved sports assistance program. Funding for these events is subject to Board approval. FYSA State Cup will take place on May 7 -8, 2016. This is the premier tournament in the state of Florida, for youth soccer. This specific event will be the State Cup round of 16, where teams from all over Florida will come to Naples to compete. The State Cup has been hosted in Naples the past four years, with the last two being the round of 16. This year, U13/U14 Boys and Girls will be competing on this weekend. This event is anticipated to attract 450 room nights and 1,000 excepted visitors from outside the county. This event promotes Collier County as a championship destination for youth soccer. The expenses to be paid for this event will be facility rental to North Collier Regional Park as well as event expenses up to a total cost of $5,200.00. USTA Florida Women's Open Pro Circuit will take place from May 9 -15, 2016. This tournament attracts up and coming professional female players, some of which are featured on the WTA rankings. Historically, this tournament has an international draw component. This year players from as many as 20 different countries are expected. This professional event is organized for the first time in Southwest Florida and belongs to the USTA Pro Circuit. This event promotes Collier County as an international tennis destination. The expenses to be paid for this event will be event expenses up to a total cost of $2,000.00 USSSA Collier Keep Calm & Play Fastpitch will take place May 28 -29, 2016. This event is a youth fastpitch softball tournament featuring athletes ages 8 -18. The tournament looks to attract up to 45 teams and 700 visitors to the county. The expenses to be paid for this event will be facility rental to North Collier Regional Park up to a total cost of $2,000.00. Gulf Coast Lacrosse Classic will take place on June 18 -19, 2016. This event will be a boy's lacrosse tournament featuring athletes ages 9 -19 from across the state of Florida. Last year, this tournament produced 500 room nights and is looking to expand team entries this year. The expenses to be paid for this event will be facility rental to North Collier Regional Park up to a total cost of $3,200.00. FISCAL IMPACT: Funding of up to $12,400.00 for these four events is included in the BCC approved FY 16 Tourism Department budget in Fund 184 for Sports Marketing Event support. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. March 28, 2016 New Business 7 -f 2 of 2 LEGAL CONSIDERATION: This item has been approved as to form and legality and requires majority vote for approval. — CMG RECOMMENDATION: To approve Tourist Development Tax Category `B" funding to support four upcoming FY 16 sports events up to $12,400.00 and make a finding that these expenditures promote tourism. Prepared By: Michael Obyc, Senior Sports Marketing Manager March 28, 2016 New Business 7 -g 1 of 16 EXECUTIVE SUMMARY Tourist Development Council (TDC) Appointment Review OBJECTIVE: Review applications for appointments to the expiring positions on the Tourist Development Council (TDC). CONSIDERATIONS: Collier County Advisory Board appointments to vacant or expiring terms are advertised and the subsequent applicants are reviewed and a recommendation is sought from that specific advisory board. The County Commission then receives the applications and recommendations and makes the appointments. There are four terms expiring in April 2016 on the Tourist Development Council (TDC). There is one expiring term in the "Owner Operator Collector of the Tax" category, one in the Non - Owner /Operator category, and two in the municipal elected official positions. The County Commission office has received a total of 6 applications for these open positions on the TDC. All the applicants are listed below by category along with the applications and back up material supplied by each candidate. Russell Burland, with Naples Historical Society. Mr. Burland has applied for the non -owner operator position, is a 15 year resident and registered to vote in Collier County. Albert Katz, Retired executive. Mr. Katz has applied for the non -owner operator position, is a 10 year resident and is registered to vote in Collier County. Nancy Kerns, Administrative Director of Classic Chamber Concerts. Ms. Kerns has applied for the non -owner operator position, is a 10 year resident and is registered to vote in Collier County. James Moon, Attorney. Mr. Moon has applied for the non -owner operator position, is a 15 year resident and is registered to vote in Collier County. Donald York, Retired bank president and CEO. Mr. York has applied for the non -owner operator position, is a 15 year resident and is registered to vote in Collier County. Mac Chaudhry, General Manager of Hilton Marco Island Beach Resort and Spa. Mr. Chaudhry has applied for the owner operator collector of the tax position, is a 15 year resident and is registered to vote in Collier County. Councilor Larry Sacher. The City of Marco Island has approved that Councilor Sacher's term be extended until October 21, 2016. As of the date of this agenda item, we have not received the City of Naples appointment to their vacancy on the TDC. Staff requests that the TDC discuss all the applicants and make a recommendation for each of the open positions. We need one recommendation for the Owner /Operator position, one for the Non- March 28, 2016 New Business 7 -g 2of16 Owner Operator position and acceptance of the recommendations from the City of Marco Island. These recommendations will be forwarded to the County Commission for final appointment. RECOMMENDATION: Staff requests a recommendation for three of the four expiring openings on the TDC. The City of Naples vacancy will come to the TDC when that appointee's name is received. SUBMITTED BY: Jack Wert, Tourism Director Attachments: Applications, Backup Material March 28, 2016 New Business 7 -g 3of16 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 Application was received on: 3/14/2016 4:08:42 PM. Name: Plussell Bur lan Home Phone: 39- 784 -9066 Home Address: 1148 Palmetto Dunes Circle City: aples Zip Code: 34113 Phone Numbers Business: 39- 261 -8164 E -Mail Address: burland na leshistoricalsociet .or Ooard or Committee: Tourist Development Counci Cate or : Not indicate Place of Employment: Naples historical Societ Oow long have you lived in Collier County: more than 15 [How manv months out of the vear do you reside in Collier Countv: I am a year-round Nave you been convicted or found guilty of a criminal offense (any level felony or firs degree misdemeanor onlv)? No Not Indicate Po you or your employer do business with the County? Yes Historical Society is a 501c3 not for profit organization who's mission is dedicated ing Naples history and heritage for the community and future generations to enio NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. March 28, 2016 New Business 7 -g 4of16 Would you and /or any organizations with which ou are affiliated benefit from decisions or recommendations made by this advisory board? No Not Indicate Are you a registered voter in Collier County? es Do you currently hold an elected office? Rol Do you now serve, or have you ever served on a Collier County board or committee? es ransportation committee in the middle 1990's. Please list your community activities and positions held: A. Greater Naples Chamber of Commerce, Sr. Vice President B. Naples Historical Society, Education Manager C. Committee Member - Economic Recovery Task Force / Collier Cou Artificial Reef Project D. Economic Development Council - Retention and Membership committees as Co Chair E. Board of Directors - Marine Industries Association of Collier CI P. Board of Trustees - East Naples Civic Association G. Greater Naples YMCA - Coach H. arochial School Buildiniz Canital CamDaiatil Education: [University of South Florida Leadership Collie Experience / BackLyround Re: Tourist Development Council Advisory Board Opening Dear Committee: It is with a sense of great enthusiasm that I submit my name as a candidate for the Tourist Development Council Advisory Board Opening. I do this after thoroughly weighing the duties and responsibilities as enumerated in your online description and comparing them to my existing knowledge of the position, skill set, work and personal history, particularly as it pertains to the Greater Naples area. It is my desire that you will share my belief and be convinced of my ability to mePan exceed any duties and special tasks assigned me during m time on this Board. I am a l resident. I have the rare ability and availability to "hit the ground running" with my business an of for profit experience, business acuity and community involvement. The timing could not be better for the TDC and myself As an experienced management professional, I have demonstrated track record of start-ups, growth and P &L management for two corporations i diverse markets of corporate memberships, transportation, shipping logistics and marketin no only in Collier County but throughout the country. I have a finely honed strategic sense tha makes me an innovative value -added solution - provider, combined, with the ability to efficientl make decisions. In addition, I have a strong commitment and work ethic to all of my endeavors, having contributed my talents for the last 20 -plus years interacting with various levels an nctions of for-profit interests, not - for - profit boards, government and private citizens of the County. I also have the open-mindedness to build and maintain gainful relationships with thei March 28, 2016 New Business 7 -g 5of16 customers/members and penetrate key markets. To summarize, my "impact player" experience is extensive and diverse – from new business start up to establishing successful commercial operations. I am a proficient all- around management practitioner with a highly applicable background and exceptional leadership, communication, presentation, and team - building skills. would be most exhilarated to bring m "consistent and steady hand" of leadership to the Touris Development Council in the capacity of committee member. Thank you for your time an consideration. Sincerely, Russell Burland * * ** Additionally * * ** Russell Burland has served as Senior Vice President for The Greater Naples Chamber of Commerce. Mr. Burland's responsibilities included all advertising products, member services, monthly Business Afte iveTM and Accelerated Networking LuncheonTM for The Chamber's more than 1,800 business membership. His responsibilities included member recruitment, retention, advertisin opportunities, senior management of The Chamber's Visitor Information Center and special projects. He attended University of South Florida and is a proud graduate of the Leadershi ollierTM "Silver" Class of 2014. Mr. Burland has a long history in Naples, arriving here in 1973 when the family business, Mars Signal Light Company, moved to Collier County— becomin he area's first manufacturing facility according to the Naples Area Chamber of Commerce. Mars Signal Light Company was a Charter Member of the EDC and Mr. Burland served on EDC committees. See accompanying article) He has been actively involved in the local business community since 1982, having served on many committees, "task forces ", public safety anels and volunteered for local philanthropic events; Including local Economic Development Business Organization, Membership Committee, Existing Industry Committee and invited to serve on th Fundraising Committee as Co– Chair. Additionally, he has served as investor, shareholder andl President & CEO of a privately held Naples -based Transportation Company, Area Sales Manager of a national freight shipping company and Director of a national third party frei h logistics company. He has expertise in strategic planning, new business startup, market pla execution, capital asset oversight, cost containment, budgeting/finance, customer service an staff training, supervision. A hands -on participant in community affairs, Mr. Burland has serve on the Finance and Capital Campaign Committees for a local parochial school, as a voluntee soccer and basketball coach for the YMCA and has been guest speaker to local nonprofit andl service clubs. March 28, 2016 New Business 7 -g 6of16 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 Application was received on: 3/20/2016 7:04:06 AM. Name: [Albert M. Kat Home Phone: 39- 403 -3916 Home Address: 13 100 Gulfshore Blvd. N.; Apt. 403 City: gaples Zip Code: 34103 Phone Numbers Business: NN E -Mail Address: catz9500gcomcast.ne oard or Committee: Tourist Development Counci Cate or : Not indicate Place of Employment: Retired Executive Oow long have you lived in Collier County: more than 15 ow many months out of the year do you reside in Collier Countv: I am a vear -round gave you been convicted or found guilty of a criminal offense (any level felon or firs degree misdemeanor only)? No Not Indicate Po you or your employer do business with the County? No of Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. March 28, 2016 New Business 7 -g 7of16 Would you and /or any organizations with which Pol u are affiliated benefit from decisions or recommendations made by this advisory board? Not Indicate Are you a registered voter in Collier County? es Do you currently hold an elected office? o Do you now serve, or have you ever served on a Collier County board or committee? o of Indicate Please list your community activities and positions held: Moorings Property Owners Assoc. - Past President Moorings Bay Citizen Advisory Comm. Current Chair Save The Bays - Past Board of Directors Member Volunteer - 15 years - Roo: Bay Volunteer - 19 years - Conservancy of SW Florida Volunteer - 10+ years - Avow Hosp Volunteer - 4 years- Naples Sail & Power Squadron- Boating safety instnictorl Education: ranklin & Marshall College; BA- Economics 1962 Wayne State University; MA- Economics 1964 University of Maryland; Advanced Phd Course Work in Economics Experience / Background dvertising Experience: I started an auto repair sub franchise (Precision Tune Auto Care) for th State of Maryland and built it into a 23 retail stores stem over a period of 35 years. Among thel any res onsibilities was the development & overall supervision of the regional advertising co- for the franchisees. At its peak, this co-op spent upwards of $1 million annually on local an regional advertising. More specifically, my involvement was: Agency Experience: * Developi riteria for competitive agency selection including specific bidding procedures * Develop evaluation criteria of various bids * Compare agency market stratification includin demographic target audiences for various campaigns * Work with selected agencies to crate optimal media mix including T.V., radio, Print, Brochures, Billboards and special events Generate input foragency presentations & vote on the hiring and firing of a encies Beac enourishment Experience As a member of the MBCAC for the past 10 years and Chairman foll he past 6 years, I have been involved with Collier County in the dredging and maintenance o octors Pass and its approaches. This includes: * Reviewing with County officials - specificall ary McAlpin, engineering criteria and drawings relating to quantities of sand to be removed eviewing placement of sand on the beach, north and south of Doctors Pass. I have done this fo 1 he past 3 dredgings * Review engineering for the maintenance of the north and south groins a Doctors Pass March 28, 2016 New Business 7 -g 8of16 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 Application was received on: 3/14/2016 1:59:58 PM. Name: ancy H. Kernsl Home Phone: 30- 821 -5208 Home Address: 4711 West Blvd. City: ales Zip Code: 34103 Phone Numbers Business: 39- 434 -8505 E -Mail Address: hancyhkemsggmail.com oard or Committee: Tourist Development Council Category: Not indicate Place of Employment: Classic Chamber Concert s ow long have you lived in Collier County: 5 -10 How many months out of the year do you reside in Collier County: I am a vear -round Have you been convicted or found guilty of a criminal offense (anv level felonv or firsd degree misdemeanor only)? No Not Indicate Oo you or your employer do business with the County? No of Indicate NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. March 28, 2016 New Business 7 -g 9of16 Would you and /or any organizations with which P�O' are affiliated benefit from decisions or recommendations made by this advisory board? of Indicate Are you a registered voter in Collier County? es Do you currently hold an elected office? KO Do you now serve, or have you ever served on a Collier County board or committee? ®o of Indicate Please list your community activities and positions held: City of Naples Code Enforcement Board Member since 2015 5th Avenue Events Committee Member since 2013 Collier Citizens Council Member since 2013 Park Shore Fundraisin Committee Member since 2013 Volunteer Baker Park Fundraising Committee since 2013 Volunteer Naples Players Committee since 2015 Collier County ID Theft Task Force - 2014 Greater Naples Chamber of Commerce Volunteer - 2009 - 2010 RSVP, Retired Senior Volui rogram - Board Member - 2010 - 2012 Education: elley School of Business Bachelor of Science, Business Administration, 1981 Experience / Background Administrative Director - Classic Chamber Concerts - 2014 - Present. I promote the seasonal concerts held at the Su den Theatre on 5th Avenue along with Administrative duties. Greate Naples Chamber of Commerce, Manager, Visitor Information Center - 2010 - 2013. I promote tourism in Collier County by coordinating consistent information to all visitor centers inI conjunction with the Convention and Visitors Bureau. This position afforded me the opportunit to visit and learn about tourism activities in Naples, Marco Island, Everglade City an mmokalee. I have been active with the Business Improvement District for 5th Avenue since 2013. I help organize, promote and put on the major events on 5th Avenue. This is a pal position during the 4th quarter. I volunteer my time throughout the rest of the year. My husban and I had our own business for fifteen years. Prior to that I held various sales and marketin positions. I am active in the community and follow tourism through the monthly TDC meetin s. would like to be on the TDC to help make sure Tourist Development Tax dollars are allocate in the best possible way to promote tourism. March 28, 2016 New Business 7 -g 10 of 16 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 Application was received on: 3/16/2016 1:12:35 PM. Name: ames E Moo Home Phone: 39- 398 -6553 Home Address: 11260 Diana Avenue City: aples Zip Code: 34103 Phone Numbers Business: 39- 690 -5065 E -Mail Address: 'moones aol.co oard or Committee: Tourist Development Counci Cate o : citizen at large Place of Employment: QPWB La Oow long have you lived in Collier County: more than 15 How many months out of the year do you reside in Collier Countv: I am a vear -round Have you been convicted or found guilty of a criminal offense (anv level felonv or firs degree misdemeanor only)? No of Indicate Po you or your employer do business with the County? No of Indicate NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. March 28, 2016 New Business 7 -g 11 of 16 Would you and /or any organizations with which ou are affiliated benefit from decisions or recommendations made by this advisory board? V�o of Indicate Are you a registered voter in Collier County? es Do you currently hold an elected office? o Do you now serve, or have you ever served on a Collier County board or committee? es City of Naples Code Enforcement Board (current chair) served on the board 9 years. Please list your community activities and positions held: Naples Code Board - chairman; Multiple charities and volunteer activities Historical Sc Oono Legal Clinic Education: achelor Arts - Intl. Relations /Political Science Master Arts - Political Leadership J.D. L.M. - International Law /Finance Certified in Risk Management Certified in Complk erience / Background iplex Business and Commercial attorney with a strong emphasis on hospitality /travel professional negligence representation. Frequent author of articles relevant to the indi 1 updates relevant to the industry, tourism risk management, eco tourism, and the shar d economy such as Uber and Lyft. Speaker at Hospitality /Travel Seminars on various ,s and risk management of travel /tourism related matters. Serve on the Defense Institt pitality /Travel Committee Leadership, Serve as the American Bar Association Florida irman for Travel /Leisure, Serve on Claims Management Organization Travel /Hospital imittee. Familiar with the role of the TDC and its purpose in the County /City through iously having run as a Naples City Council Candidate. References can be provided or Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 Application was received on: 1211/2015 10:46:21 AM. Name: Donald J. York Home Phone: 39- 262 -3501 Home Address: 0657 Harwich Cou City: ales Zip Code: 1910 Phone Numbers_ Business: 39 -293 -061 E -Mail Address: jyork1614 @gmai1.com Board or Committee: purist Development Counci Category- k4ot indicat Place of Employment: Retired/Bankin President & CE How long have you lived in Collier County: one than 1 How many months out of the year do you reside In Collier County: am a year -round residen Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? Po—t Indicat Do you or your employer do business with the County? March 28, 2016 New Business 7 -g 12 of 16 htosJl mail. google. com /mail /LUW7u =2&ik =214afc2d76& view= pt&cat--pan° 1oMYork°% 2WWsonal% 2DFi[ e& searctpcat or -15159 7167&iml= 1515e3925... W 2/29J2016 Gmail - New On -line Advisory Board Application Submitted March 28, 2016 New Business 7 -g of Indicate 13 of 16 NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and /or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? Not Indicat Are you a registered voter in Collier County? Fesi Do you currently hold an elected office? Do you now serve, or have you ever served on a Collier County board or committee? Fe-s] Collier County School Board Collier County Planning Commission Tourist Development Council Citizens Search Committee for County Manager Sheriffs Advisory Committee rwase nst your commune activities and positions held: Ilier County School Board, Member Collier County Planning Commission, Commissioner Tourist Development Council Wyndemere Country Club, President & Board member Physicians Regional Hospital, Chairman & Trustee Immokalee Child Care Center Foundation, Board member Cleveland Clinic, Former Board Member Served as Commissioner of Police Merrrillville IN Rotary Intemational Education: Univ. Oklahoma Graduate School Commercial Lending Univ. Wisconsin Graduate School of Banking Purdue University Graduate Leadership Collier Graduate American Institute of Banking Licensed Florida Realtor Experience I Background 51 years in banking administration 30 years of which were in Collier County. Active in a multitude of civic, charitable and community activities. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. hftm:llmaii.0000le.com/ mail/ u/ Q'M= 2&ik= 214afc2d?6&vlew= nt&cat= Don%? OYnrk%XFWRnnpi%?W ileAs avrrl=r-*R tfi=151iimV2 .%r,[?7l67&siml= 1.rilri tVYA 20 March 28, 2016 New Business 7 -g 14 of 16 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 Application was received on: 3/22/2016 6:24:18 PM. Name: Mac Chaudhr Home Phone: 39 -571 -2106 Home Address: 11476 Hone suckle Ave City: Mar co Islan Zip Code: 34145 Phone Numbers Business: 39 -642 -2106 E -Mail Address: acxhaudhry@hiltonx o oard or Committee: Tourist Development Councill Cate or : Not indicate Place of Employment: Hilton Marco Island Beach Resort and S ow long have you lived in Collier County: more than 15 How many months out of the year do on reside in Collier Countv: I am a vear -roun Nave you been convicted or found guilty of a criminal offense (any level felony or firs misdemeanor onlv)? N of Indicate 0 you or your employer do business with the County? No Not Indicate NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. March 28, 2016 New Business 7 -g 15 of 16 Would you and /or any organizations with which ou are affiliated benefit from decisions or recommendations made by this advisory board? No Not Indicate Are you a registered voter in Collier County? es Do you currently hold an elected office? Fo Do you now serve, or have you ever served on a Collier County board or committee? Fo of Indicate Please list your community activities and positions held: *Past President of Marco Island Chamber of Commerce. *Board Member Hospitality Divisi Florida Gulf Coast University. *Board of Director Collier County Lodging Association. * B Member Leadership Collier Foundation by Naples Chamber of Commerce. *Member of Isla committee Education: * Graduated Bachelor of Arts * Hotel and Resort Management Graduate * Graduate L Collier Class of 1996 * Graduated two Dale Carnegie Courses * Multi Lanauace Educ Experience / Background * 8 years with Meridian Hotels * 4 years with Marriott Hotels * 23 years with Hilton Marco March 28, 2016 New Business 7 -g 16 of 16 CITY OF MARCO ISLAND RESOLUTION 16 -31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARCO ISLAND, FLORIDA, EXTENDING COUNCILOR LARRY SACHER'S TERM ON THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL WHEREAS, the Collier County Tourist Development Council (TDC) makes recommendations to the Collier County Board of Commissioners for the effective operation of special projects and the use of tourist development tax revenues; and WHEREAS, the nine member council consists of three elected officials from the Board of County Commissioners, the City of Napes, the City of Marco Island, and four tourism industry owner /operators; and WHEREAS, Councilor Larry Sacher's four -year term as the City of Marco Island representative expires on April 21, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marco Island, Florida that: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Marco Island City Council approves the extension of Councilor Larry Sacher's term on the TDC until October 31, 2016. Section 3. This resolution shall take effect immediately upon its adoption. Passed in open and regular session of the City Council of the City of Marco Island, Florida, this 21st day of March, 2016. Attest: CITY OF MARCO ISLAND, FLORIDA Laura Litzan City Clerk go - 1 - Robert C. Brown, Chairman March 28, 2016 New Business 7 -h EXECUTIVE SUMMARY 1 of 177 Recommendation to declare that emergency conditions exist at Clam Pass and in the Clam Bay Natural Resource Protection Area (NRPA) and ratify staff actions to quickly mobilize a dredging firm to restore sufficient tidal flushing prior to turtle nesting season, which starts on May 1, 2016. OBJECTIVE: To quickly mobilize a dredging firm to restore tidal flushing at Clam Pass to avoid further environmental harm to the Clam Bay Natural Resource Protection Area (NRPA). CONSIDERATIONS: Clam pass directly impacts the Clam Bay NRPA which is a 560 acre estuarine system consisting of beaches, shallow bays, tidal creeks, seagrass beds, and mangrove forests. This environmentally sensitive asset is managed by the Pelican Bay Services Division (PBSD). Mohamed Dabees, a P.E. at Humiston and Moore Engineers, provided the following assessment of Clam Pass on February 1, 2016: "The hydraulic and physical monitoring data indicate the pass to be hydraulically stable but critical due to the sand accumulations in the interior flood shoal sections. Over the winter months it is expected if severe weather conditions continue then waves and wind will continue dominating the inlet dynamics over tidal flow which may reduce inlet stability. Maintenance dredging is recommended, once the required U.S. Army Corps of Engineers permit (in process) is obtained, to restore the flow areas in the interior flood shoal areas to meet design template, improve inlet stability and its resiliency to withstand sequence of storm events in the future." The National Weather Service recently reported that rainfall in coastal Collier County from November 2, 2015 to February 19, 2016 was 18.96" which was an increase of 12.08" or 278% higher than normal for this period. This infusion of freshwater, along with the gradual narrowing of Clam Pass has impaired the tidal circulation in Clam Bay. Similar conditions in 2012 and 2013 resulted in degradation of water quality. Clam Pass remains the primary source of tidal flushing for Clam Bay and the present condition of the inlet does not allow for adequate tidal exchange. In order to restore sufficient tidal flushing, it is imperative to commence and complete dredging operations as soon as possible prior to turtle nesting season, which begins on May 1, 2016. Staff was reluctant to issue a solicitation without the assurance that a permit would be forthcoming and permit conditions, if any, properly included. The PBSD's 10 -year maintenance dredging permit was issued by the Army Corps of Engineers on March 9, 2016. Staff worked with the engineering firm Humiston and Moore, to prepare and distribute a solicitation in the open market with a compressed due date. Invitation to Bid (ITB) 16 -6620 was issued on March 4, 2016 with a due date of March 23, 2016. Florida Statute 255.0525 requires construction projects that may exceed $500,000 to be posted publicly for a minimum of thirty (30) days, except in cases where an emergency exists. If an emergency is declared, "the procedures required in this section may be altered by the local governmental entity in any manner that is reasonable under the emergency circumstances." Staff is requesting that the Board declare that emergency conditions exist at Clam Pass, waive the Procurement Ordinance, ratify ITB 16 -6620 with the compressed solicitation schedule, and authorize the County Manager or his designee to enter into a contract with the most responsive bidder immediately following the due date of March 23, 2016. Staff will subsequently seek TDC March 28, 2016 New Business 7 -h approval on March 28, 2016, as required by resolution prior to expending TDC funds an2dri7A the approved contract back to the Board for ratification on April 12, 2016. None of the sand dredged from the pass will be used north of the pass for upland beach renourishment. The sand will be distributed in accordance with the permitted design and any additional sand will be used south of the pass on the public beach. PBSD BOARD RECOMMENDATION: At its meeting on March 2, 2016, the PBSD Board acknowledged the emergency situation and endorsed staff's recommendation to pursue an expedited procurement process in order to commence dredging operations as soon as possible. FISCAL IMPACT: No funds have been expended on this project; however, dredging for pass and inlet maintenance is eligible for Tourist Development Council (TDC) funds as was the case in 2012 and 2013. The engineer's estimate of probable cost is $459,800. Funds in the amount of $400,000 are budgeted and presently available in TDC Beach Renourishment Fund (195) in Project No. 88032 (Clam Pass Dredging). Additional funding is available in Fund (195) reserves subject to budget amendment processing. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: Pass and inlet maintenance is an authorized expenditure of tourist development tax funds pursuant to Ordinance No. 92 -60, as amended. Prior to the expenditure of tourist development tax funds, the Tourist Development Council ( "TDC ") is required to make a recommendation to the Board of County Commissioners, favorable or not, with a recommended finding as to whether a project promotes tourism. Staff plans to seek a TDC recommendation at the next regularly scheduled TDC meeting on March 28, 2016. This item has been approved as to form and legality and requires majority vote for approval. — CMG RECOMMENDATION: To declare that emergency conditions exist at Clam Pass, waive the Procurement Ordinance, ratify ITB 16 -6620 with the compressed solicitation schedule, and authorize the County Manager or his designee to enter into a contract with the most responsive bidder immediately following the compressed solicitation due date of March 23, 2016. Prepared by: Lisa Jacob, Associate Project Manager, Pelican Bay Services Division Approved by: Neil Dorrill, Director, Pelican Bay Services Division Attachments: (1) Emergency Resolution (2) Clam Pass Condition Update (3) ITB 16 -6620 (4) Engineer's Opinion of Probable Cost (5) 10 -Year ACOE Permit (6) Aerial Photography of Clam Bay NRPA (7) Construction Plans 03.08.2016 March 28, 2016 New Business 7 -h 3 of 177 RESOLUTION NO. 16- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DECLARING THAT EMERGENCY CONDITIONS EXIST AT CLAM PASS AND RATIFY STAFF ACTIONS TO QUICKLY MOBILIZE A DREDGING FIRM TO RESTORE TIDAL FLUSHING PRIOR TO TURTLE NESTING SEASON, WHICH STARTS ON MAY 1, 2016. WHEREAS, the National Weather Service recently reported that rainfall in coastal Collier County from November 2, 2015 to February 19, 2016 was 18.96 ", an increase of 12.08" or 278% higher than normal for this period; and WHEREAS, this infusion of freshwater along with the gradual narrowing of Clam Pass has impaired the tidal circulation in Clam Bay; and WHEREAS, Clam Pass remains the primary source of tidal flushing for Clam Bay and the present condition of the inlet does not allow for adequate tidal exchange; and WHEREAS, in order to restore sufficient tidal flushing, it is imperative to commence and complete dredging operations as soon as possible prior to turtle nesting season, which begins on May 1, 2016; and WHEREAS, the PBSD's 10 -year maintenance dredging permit was issued by the Army Corps of Engineers on March 9, 2016; and WHEREAS, staff worked with the engineering firm Humiston and Moore, to prepare and distribute a solicitation in the open market with a compressed due date; and WHEREAS, the Engineer has advised that "maintenance dredging is recommended, once the required U.S. Army Corps of Engineers permit (in process) is obtained, to restore the flow areas in the interior flood shoal areas to meet design template, improve inlet stability and its resiliency to withstand sequence of storm events in the future;" and WHEREAS, Section 255.0525, Fla. Stat. requires construction projects that may exceed $500,000 to be posted publicly for a minimum of thirty (30) days, except in cases where an emergency exists; and WHEREAS, if an emergency situation is declared, the procedures required in this section may be altered by the local governmental entity in any manner that is reasonable under the emergency circumstances. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 1. Emergency conditions exist in Clam Pass. 0 U March 28, 2016 New Business 7 -h 4 of 177 2. It is necessary to waive the Procurement Ordinance and to expedite the competitive bid process as provided for in Section 255.0525, Fla. Stat. 3. The County Manager or his designee is authorized to enter into an agreement with the most responsive bidder to ITB 16 -6620 immediately following the solicitation due date of March 23, 2016. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2016. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legality: Colleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIR Cot March 28, 2016 New Business 7 -h 5 of 177 CLAM PASS CONDITION UPDATE February 151, 2016 Mohamed Dabees, Ph.D., P.E., D. CE. Humiston & Moore Engineers Background In two months Clam Pass will have remained open for 3 years since it was last dredged in March 2013. The 2013 partial dredging of the design template was permitted and constructed as an emergency event to reopen the pass following closure in late 2012. The dredging event of 2013 was limited to comply with the Nationwide US Army Corps of Engineers permit conditions which was necessary to expedite the dredging and reopen the inlet. Following the reopening of the Pass an update to the management plan for the Clam Bay as a Natural Resource Protection Area (NRPA) was developed in 2014 and adopted by the Collier County Board of County Commissioners in January 2015. The updated management plan included design criteria to assess the inlet stability and conditions for maintenance dredging to avoid potential inlet closure. The process to obtain State and Federal long -term permits for the updated plan was initiated in December 2014, and the updated state permit was obtained in the summer of 2015 while the Federal permit is in its final processing stage. Monitoring data and observations of recent conditions In addition to the ecological and biological monitoring of the bay system and its function as a protected environmental resource, the monitoring program includes hydraulic and physical monitoring of the inlet and bay system to monitor the stability of the pass and assess maintenance requirements. Monitoring of the hydraulic and physical conditions of the Clam Bay system continues according to the updated NRPA management plan. The hydraulic monitoring includes continuous water level and tidal data collection at 4 locations within the bay system. The physical monitoring is based on an annual monitoring survey, monthly aerial photos and periodic site observations. The 2015 monitoring survey was completed in April 2015 corresponding to 2 -years after the latest dredging event. The survey data and analysis of comparative plots at survey stations were used to quantify flow areas and sand accumulation within the design template. The 2015 data and recent field observations indicate sand accumulation is at critical conditions especially in the interior flood shoal sections of the maintenance dredging template. The monitoring data also showed growth and seaward advance of the inlet ebb shoal features at the gulf entrance of the pass. The seaward advance of the ebb shoal helps dissipate wave energy and bypass sand to adjacent beaches around the inlet channel. The calm tropical summer season of 2015 and strong astronomical tides including the lunar eclipse on September 27, 2015 helped improve the flow conditions at Clam Pass during the summer and fall seasons of 2015. The morphologic futures of the inlet ebb shoal were essential to the pass resiliency in withstanding the sustained winds and waves that dominated the coastal processes in January of 2016. The cold fronts of this winter are associated with the El Nino phenomenon, which occurs usually every six or seven years in the Pacific Ocean in which warm water near the equator results in atmospheric conditions that affect winter weather patterns over the entire country. The main impact of El Nino is that it shifts to the south all the winter storms that typically sweep across the middle and northern parts of the country. This brings severe weather conditions with higher wind and wave energy to the southwest Florida gulf coast than typical winter conditions. The natural resiliency of the pass to remain open comes from its ability to absorb influx of sediment through tidal flow meandering around the interior shoaling areas during flood tide and remove accumulated sediment to the outer ebb shoal during ebb tide. However, when the flood shoals become too full, the flow becomes constricted which may affect the inlet hydraulic stability. As the volume of sand accumulation in the flood shoal areas reach near the dredging template capacity, the constricted flow also forces the interior channel meanders to encroach and undermine mangrove shorelines in the flood shoal area. If the Pass interior flow areas become too constricted, the resulting diminished flow may not be able to effectively maintain the pass open when large volume of sediment transported along the coastline is deposited onto the inlet during storms. Summary and Recommendation The hydraulic and physical monitoring data indicate the pass to be hydraulically stable but critical due to the sand accumulations in the interior flood shoal sections. Over the winter months it is expected if severe weather conditions continue then waves and wind will continue dominating the inlet dynamics over tidal flow which may reduce inlet stability. Maintenance dredging is recommended, once the required U.S. Army Corps of Engineers permit (in process) is obtained, to restore the flow areas in the interior flood shoal areas to meet design template, improve inlet stability and its resiliency to withstand sequence of storm events in the future. March 28, 2016 New Business 7 -h 6 of 177 Collier County Administrative Services Department Procurement Services Division Clam Pass Dredging COLLIER COUNTY BID NO. 16 -6620 COLLIER COUNTY, FLORIDA Adam Northrup, Procurement Strategist Email: adamnorthrup @colliergov.net Telephone: (239) 252 - 6098 FAX: (239) 252 - 6302 Design Professional: Brett Moore Humiston & Moore Engineers 5679 Strand Court Naples, FL 34110 Prowwwril Services Wsim • 3327 Tanami Trail East • Naples, Fbrida 34112 -4901 •239- 252-8407 • wanv .coRiergov.netiprocwementservices 1 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 7 of 177 TABLE OF CONTENTS PUBLICNOTICE ........................................................................................ ............................... 3 PART B - INSTRUCTIONS TO BIDDERS .................................................. ............................... 5 CONSTRUCTIONBID ................................................................................. .............................12 BIDSCHEDULE .......................................................................................... .............................13 MATERIAL MANUFACTURERS ................................................................. .............................14 LIST OF MAJOR SUBCONTRACTORS ..................................................... .............................14 STATEMENT OF EXPERIENCE OF BIDDER ............................................. .............................16 TRENCHSAFETY ACT ............................................................................... .............................17 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................18 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 ........................ .............................19 BIDBOND ................................................................................................... .............................23 BIDDERSCHECK 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 ............................................... .............................49 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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 8 of 177 Coilier Couvay Administrative Services Department Procurement Services Division PUBLIC NOTICE INVITATION TO BID Clam Pass Dredging COUNTY BID NO. 16 -6620 Separate sealed bids for the construction of The Clam Pass Dredging, 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 3:00 P.M. LOCAL TIME, on the 23rd day of March, 2016, 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: $750,000.00 . A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, at 11:00 a.m. LOCAL TIME on the 9th day of March, 2016, 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 Dredging Bid No. 16 -6620 and Bid Date of 03/09/2016 ". 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.colliergov.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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 9 of 177 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 Twenty -Eight (28) 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 4th day of March 2016. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Director, Procurement Services Division 4 16 -6620 Clam Pass Dredging PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions March 28, 2016 New Business 7 -h 10 of 177 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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 11 of 177 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. Siqninq 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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 12 of 177 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. Interoretation 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; 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 13 of 177 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. s 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 14 of 177 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.colliergov.net/Index.aspx?paqe=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.org /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. g 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 15 of 177 Section 14. Exclusion of Countv 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 III, 10 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 16 of 177 Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, 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. 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 protect 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 16 -6620 Clam Pass Dredging CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Clam Pass Dredging BID NO. 16 -6620 Full Name of Bidder Main Business Address Place of Business Telephone No. Fax No. State Contractor's License # State of Florida Certificate of Authority Document Number, Federal Tax Identification Number DUNS # CCR# Cage Code March 28, 2016 New Business 7 -h 17 of 177 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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 18 of 177 BID SCHEDULE Clam Pass Dredging Bid No. 16 -6620 'For award purposes only * ** Item Description Unit of Measure Multi lier+ Unit Price Total 1 Mobilization & Demobilization Lump Sum 1 2 Dredging and Disposal /Placement of Sand * Cubic Yard 18 500 ' 3 Turbidity Monitoring Lump Sum 1 4 Construction Survey Each 4 5 Bond ** Lump Sum 1 6 Total * Exact quantity of sand to be dredged and placed is expected to be between 15,000 and 22,000 cubic yards. An exact number will be provided when the finalized plans are available. ** Bidder should quote price of bonding with the assumption that the contract will be for the full 22,000 cubic yards of dredging, unless an exact quantity is provided at a later date. + The multiplier in this bid schedule is for award purposes only. The actual amount of sand to be dredged and placed will be provided when the finalized plans are provided by the engineer. Please state the shortest amount of time your firm can complete this project (in days). 13 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 19 of 177 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 OR 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. Company: Signature: Date: Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: EXCEPTION MANUFACTURER Signature: Date 14 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 20 of 177 LIST OF MAJOR SUBCONTRACTORS THIS LIST 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. Major Category of Work Subcontractor and Address 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: Signature: Date: 15 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 21 of 177 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. Project and Location 1. 2. 3. 9 5. 91 Company: Signature: Reference Date: 16 16 -6620 Clam Pass Dredging March 28, 2016 TRENCH SAFETY ACT New Business 7 -h 22 of 177 Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs 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: 1. 2. 3. 4. 5. Trench Safety Units of Unit Unit Extended Measure Measure Quantit Cost Cost (Description) L( F,SY) TOTAL$ Failure to complete the above may result in the Bid being declared non - responsive. Company: Signature: Date: 17 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h Co ter County 23 of 177 Administrative Services Department Procurement Services Division Immigration Law Affidavit Certification Solicitation: 16 -6620 — Clam Bay Dredging 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 State of County of Date The foregoing instrument was signed and acknowledged before me this day of , 20_, by (print or type name) who has produced (type of identification and number) as identification. 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. 18 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h Co Ter County 24 of 177 Administrative Services Department Procurement Services Division COLLIER COUNTY SOLICITATIONS 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 _Corporation (as shown on income tax return) _Tax Exempt (Federal income tax - exempt entity Business Name under Internal Revenue Service guidelines IRC (if different from taxpayer name) 501 (c) 3) 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, 1 certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 19 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h Upon notification that its Bid has been awarded, the Successful Bidder will execute the AAgugAit form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or 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 twenty -one (21) 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 seven (7) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of _ County of being first duly sworn on oath deposes and says that the Bidder 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. also deposes and says that it has examined and carefully prepared 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 existing under the laws of the State of which operates under the legal name of and the full names of its officers are as follows: President Secretary. Treasurer. Manager_ 20 16-6620 Clam Pass Dredging March 28, 2016 New Business 7 -h The is authorized to sign construction bids anaWnlUcts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is , 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. DATED legal entity BY: Witness Name of Bidder (Typed) Witness Signature Title 21 16 -6620 Clam Pass Dredging STATE OF COUNTY OF The foregoing instrument was acknowledged before me this as corporation March 28, 2016 New Business 7 -h 27 of 177 day of 20 by of a corporation, on behalf of the He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: NAME: (AFFIX OFFICIAL SEAL) (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: 22 16 -6620 Clam Pass Dredging BID BOND KNOW ALL MEN BY THESE PRESENTS, that we (herein called the Surety), a State of with and authorized to do firmly bound unto March 28, 2016 New Business 7 -h 28 of 177 (herein after called the Principal) and corporation chartered and existing under the laws of the its principal offices business in the State of the in the city of are held and (hereinafter called the Owner), in the full and just sum of dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the 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 furnish, install, and fully complete the Work on the Project known as Clam Pass Dredging Bid No. 16 -6620 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 $ 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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 29 of 177 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this day of 20 BY Countersigned Local Resident Producing Agent for Principal (Seal) Surety (Seal) 24 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 30 of 177 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 Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 11. The mailing envelope must be sealed and marked with: 16 -6620 Clam Pass Dredging 03/23/2016; 3:OOPM 12. The Bid will be mailed or delivered in time to be received no later than the specified opening 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.colliergov.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 PACKET Bidder Name Signature & Title Date 25 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 31 of 177 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with 32 ( "Contractor ") of 33, a 34,authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Clam Pass Dredging, Bid No. 16- 6620( "Project "), as said Work is set forth in the Plans and Specifications prepared by Humiston & Moore Engineers, the Engineer and /or Architect of Record ( "Design Professional') 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: Amount of Dollars Described in Words (Dollars in Numbers) 38 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 Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www .fms.treas.,qov /c570 /c570.html #certified. Should the Contract Amount be less than 26 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 32 of 177 $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 shall, 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 Liquidated 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 twenty -one (21) 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 seven (7) 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, two thousand, five hundred ($2,500.00) 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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 33 of 177 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 writing 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 16 -6620 — Clam Pass Dredging. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form 28 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 34 of 177 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 Humiston & Moore Engineers and identified as follows: Exhibit M — Clam Pass Dredging Permit Plans as shown on Plan Sheets 1 through 12. Exhibit N: Contractor's List of Key Personnel 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: Neil Dorril, Administrator Pelican Bay Services Division of Collier County 801 Laurel Oak Dr., Suite 302 Naples, FL 34108 Phone: 239 - 597 -1749 Fax: 239 - 597 -4502 Email: Neil @dmgfl.com 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: 45 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 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 29 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 35 of 177 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 Assigns. 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. Governing 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. Change 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. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed 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 30 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 36 of 177 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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 37 of 177 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: By: FIRST WITNESS Print Name SECOND WITNESS Print Name Date: ATTEST: Dwight E. Brock, Clerk BY: Approved as to Form and Legality: Assistant County Attorney Print Name CONTRACTOR: 46 Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Donna Fiala Date Chairman 32 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 38 of 177 EXHIBIT A 1: PUBLIC PAYMENT BOND Clam Pass Dredging Bond No. Contract No. 16 -6620 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 20 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: 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 20 , the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. 33 16 -6620 Clam Pass Dredging Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF BY: NAME: ITS: PRINCIPAL March 28, 2016 New Business 7 -h 39 of 177 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: 1► /_1u14 (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) 34 16 -6620 Clam Pass Dredging M Witnesses STATE OF COUNTY OF March 28, 2016 New Business 7 -h 40 of 177 As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20 , 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: Name: (Signature) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 35 16 -6620 Clam Pass Dredging EXHIBIT A 2: PUBLIC PERFORMANCE BOND Clam Pass Dredging KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as March 28, 2016 New Business 7 -h 41 of 177 Bond No. Contract No. 16 -6620 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 20 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: 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 Bond. 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 , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 36 16 -6620 Clam Pass Dredging Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL BY: NAME: ITS: The foregoing. instrument was acknowledged before me this day of 20 by of corporation, on known to me OR has produced identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) March 28, 2016 New Business 7 -h 42 of 177 as a behalf of the corporation. He /she is personally as (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: 37 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 43 of 177 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Witnesses as to Surety OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) Witnesses (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , 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: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: 38 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 44 of 177 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 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 ", 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. Coverages 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 take 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 coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty 39 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 45 of 177 (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 coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages 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. 40 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 46 of 177 Collier County Florida 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 $1.000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 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. ® 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 $ 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: ® 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. $ 1,000,000 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 41 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 47 of 177 ❑ Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty/ Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 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. RLC 3/4/2016 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 Vendor Signature Print Name Insurance Agency Agent Name Date Telephone Number 42 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 48 of 177 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 , 20 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: DATE: Witnesses STATE OF COUNTY OF President 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 43 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 49 of 177 March 28, 2016 New Business 7 -h 50 of 177 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT Payment, Schedule of Values and Stored Materials Record applications are available for download at: http:// Purchasina.coIliergov.net/Forms /Forms /AlIltems.aspx 45 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 51 of 177 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http: / /bccsp01 /SiteDirectory /ASD /Purchasing /Formsl /Forms /Default.aspx Change Order Farm Contractd: Change /= PurchaseOrder;r: Project #: Contractor/Finn Name: Project Name: Project Manager Name Department: Original ContractiWork Order Arnourd Original BCC Approval Date; Agenda Item # Current BCC Approved Amou nt Last 8CC Approval Dates Agenda Item# Current Coniract/W ark Order Amount SAP Contract Expiration Dale (Muster) Dollar Amount of this Change 40D WO! Total ChangefromOr iginalAmount Revised Contraat'W ork Order Total S 0.00 #0 IV/0! Change from Current BCC Approved Amount Cu"Ldatixe Changes 0.0011 ND IV/O! I Change frorn C Lerent Amoumt Completion Date, Description of the Task(s) Change, and Rationale far the Change Notice to Pro Original Last Approved Revised Date Date Cornpletion D Date (anctuMfftClnage) #of Days Added Select Tasks O Add newtask(s) O Deletetask(s) O C hang* task(s) O Other (see hdav) Provide a response to the following: l.) detailed and specific explanationhationale of the requested changes) to the tasks) and ! or the additional days added (if requeMed): 2.) why thi s change was not included i n the origi nal contract; and. 3.) describe the impad i this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Department) Acceptance of this Change Order shall constitute a modification to c o trad ! workorder identified wove and will be subject to all the same terms and conditions as contained m the contract ! wokoder indicated above, as ftdyas if the sere were stated in this acceptance. The adjustment, if any. to the Contract shalt constkft a full and final settlement of any and al claims of the Contracbr 1 Vendor! Cons ultanti Design Professional arising of of or related to the change set forth herein. including claims for impact and delay costs. Accepted by: Date: (Contractor! Vendor d Consakant i Design Professional and Name of Firm, ff projectapplicabie) Approved by: Date: (Design Professiowl and Name of Firm. if project applicable) Approved by: Date: (Procurement Professional 46 16 -6620 Clam Pass Dredging EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. March 28, 2016 New Business 7 -h 52 of 177 This Certificate of 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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 53 of 177 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 CONTRACTOR'S 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 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 120 By: OWNER Type Name and Title 48 16 -6620 Clam Pass Dredging EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: _ Contractor: The following items have been secured by the for the Project known as Date: 120 March 28, 2016 New Business 7 -h 54 of 177 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 10. 11. 12. All Punch List items completed on Warranties and Guarantees assigned to Owner (attach to this form). Effective date of General one year warranty from Contractor is: 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). As -Built drawings obtained and dated: Owner personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form). Certificate of Substantial Completion issued on Final Payment Application and Affidavits received from Contractor on: Consent of Surety received on Operating Department personnel notified Project is in operating phase. 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) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) 4s 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 55 of 177 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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 56 of 177 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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 57 of 177 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 6:59 a.m., Monday through Sunday. 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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 58 of 177 4.3 Contractor shall submit all Applications for Payment to Brett Moore, Humiston & Moore, located at 5679 Strand Court, Naples FL, 34110. 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 liens, 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 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. 53 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 59 of 177 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 "laches" 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. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent 54 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 60 of 177 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 breach 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 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 G. 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 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 55 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 61 of 177 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. 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 56 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 62 of 177 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; 8.1.8 Materials received at the Project site; 57 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 63 of 177 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. (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. 58 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 64 of 177 (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. 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. 59 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 65 of 177 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 Contractor's 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 - 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. 60 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 66 of 177 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, 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 61 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 67 of 177 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, losses 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 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. 62 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 68 of 177 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. 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 63 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 69 of 177 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. 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, 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. 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, 64 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 70 of 177 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 218.80, 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) fails 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 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 65 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 71 of 177 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 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 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 66 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 72 of 177 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 complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 67 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 73 of 177 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 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 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 68 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 74 of 177 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 Contractor's 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 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 6s 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 75 of 177 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 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 70 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 76 of 177 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 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. 71 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 77 of 177 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 5.13, 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 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. 72 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 78 of 177 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. 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. 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 73 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 79 of 177 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; 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 74 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 80 of 177 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. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 75 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 81 of 177 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, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 76 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 82 of 177 33.2 A Subcontractor is any person or entity who is performing, 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 Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 77 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 83 of 177 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 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 7s 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 84 of 177 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 PMIS 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. 35. SECURITY. 79 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 85 of 177 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 (CEI) 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. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. 80 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 86 of 177 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 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 87 of 177 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ and titled: N/A 82 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 88 of 177 EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ and titled: Exhibit J: Tech Specifications (Fill Volume) 83 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 89 of 177 EXHIBIT K: PERMITS Supporting documents found at: http: / /bid.colliergov.net/bid/ and titled: Exhibit K: Permit Applications 84 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 90 of 177 EXHIBIT L: STANDARD DETAILS The following items should be considered when submitting a bid for this project. All requirements listed below should be met or contractor should provide documentation that details specific reasons why the requirement cannot be met. 1. It is the County's desire to complete this project by May 1, 2016, the start of sea turtle nesting season. 2. If the completion of this project extends past the May 1s` deadline, the contractor will be responsible for all costs pertaining to state and federal laws regarding sea turtle nesting and monitoring. 3. It is the County's desire to complete this project in as fast a timeline as possible. The County reserves the right to take project timeline into account when recommending award. 4. Final plans will be provided to the contractor as soon as they are available. 5. Final Army Corps of Engineers permits and Florida Department of Environmental Protection (FDEP) Notice to Proceed will be provided to the contractor as soon as they are available. 6. Final quantity of sand to be dredged and placed will be provided to the contractor as soon as it is available. 7. It is understood that the Clam Pass Boardwalk and public beach access may need to be closed while work is being completing in the immediate vicinity. The contractor shall make arrangements with the County to limit the amount of impact to the Boardwalk and public beach access. 85 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 91 of 177 EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.neVbid/ and titled: Exhibit M: Clam Pass Dredging Permit Plans 86 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 92 of 177 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Construction Superintendent Project Manager 87 16 -6620 Clam Pass Dredging March 28, 2016 New Business 7 -h 93 of 177 BID SCHEDULE Clam Pass Dredging Bid No. 16 -6620 Engineer's Opinion of Probable Cost March 10, 2016 Item Description Unit of Measure Multi lier+ Unit Price Total 1 Mobilization & Demobilization* Lump Sum 1 $135,000 $135,000 2a Dredging and Disposal /Placement of Sand ** Cubic Yard 14,500 c y $14 /c y $203,000 2b Cut/Fill Grading along Inlet Banks in Section A Lump Sum 5,000 cy $30,000 $30,000 3 Final Grading & Tilling Lump Sum $7,000 $7,000 4 Turbidity Monitoring Lump Sum 1 $25,000 $25,000 5 Post Construction Survey*** Lump Sum 1 $10,000 $10,000 6 Bond Lump Sum 1 $8,000 $8,000 7 Subtotal $418,000 8 Project Contingency 10% $41,800 9 Total $459,800 * Mobilization and Demobilization should include allowance for dredging access from Gulf of Mexico to Station 0 +00 for ingress and egress and restoration of upland access areas. Sand dredged for ingress and egress will not exceed the dimensions of the design cut in Section A with overdepth of 6 inches, and the sand will be placed in the south beach disposal area per Technical Specifications. ** This quantity is based on the March 2016 survey by Agnoli, Barber and Brundage, Inc. and the design cut plus 6 inch overdepth from Stations 0 +00 through 17 +00. * ** Post Construction Survey can be a combination of pay surveys completed under the direction of a registered Professional Surveyor and Mapper. Please state the shortest amount of time your firm can complete this project from receipt of a written Notice to Proceed from the County (in days). March 28, 2016 New Business 7 -h 94 of 177 DEPARTMENT OF THE ARMY PERMIT Permittee: Collier County c/o Pelican Bay Services Division 801 Laurel Oak Drive Suite 302 Naples, Florida 34108 Permit No: SAJ- 1996 -02789 (SP -BEM) Issuing Office: U.S. Army Engineer District, Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Maintenance Dredging: • Remove sand from Clam Pass and associated flood shoal areas in three sections (A, B, and C, see attached drawings) to restore tidal flow to the estuary. It is anticipated that approximately 11,800 cubic yards of sand would be removed from Clam Pass and flood shoal areas according to the most recent survey. This amount could vary in subsequent dredging events up to the maximum 22,800 cubic yards which can be contained within the proposed spoil templates. • Channel bottom width would be a maximum of 50 feet through the Pass (Dredging Section A) with a design depth of ( -5.5) feet NAVD, which includes a 0.5 foot over dredge. Sections B and C would have a design depth of ( -4.5) NAVD, which includes a 0.5 foot over dredge. The widths of Sections B and C would vary (see attached drawings). • A minimum of a 5 to 15 foot buffer would be maintained between the dredging and any mangrove prop roots adjacent to the dredge template. Additional buffers would be provided to seagrasses growing adjacent to the proposed template. • Dredging would be performed by backhoe, hydraulic dredge, or a combination of both. • The dredging work is expected to take between 45 and 75 days to complete. March 28, 2016 New Business 7 -h 95 of 177 PERMIT NUMBER: SAJ- 1996- 02789(SP -BEM) PERMITTEE: Collier County c/o Pelican Bay Services Division PAGE 2of11 Beach Placement: • Placement of beach compatible sand on the adjacent beaches (up to 1500 feet north of Clam Pass and 2800 feet south of Clam Pass) as required by Chapter 161, Florida Statues. • Beach compatible spoil would be placed north and south of Clam Pass according to the project drawings. • Material excavated with a backhoe would be loaded into haul trucks and dumped onto the proper beach locations. • Material dredged hydraulically would be pumped to the appropriate beach location with a lateral berm extending ahead of the discharge parallel to the shoreline to reduce turbidity and mixing in the nearshore area. • Once placed, material will be spread and contoured with loaders, bulldozers, or other suitable beach grading equipment. • Any non - compatible material would be stockpiled within the staging area and hauled away to an appropriate upland disposal site landward of the Coastal Construction Control Line (CCCL). • Equipment access to the beach will occur from beach access locations previously used in this area approximately 2.4 miles north and 2 miles south of the Pass or may be delivered directly to the site by barge at the discretion of the contractor. • Work areas and travel corridors would be roped off to warn visitors to the beach of the construction operations and to keep them out of the work areas. • Undertaking the work would occur once it has been verified that the beach and access route are clear of any sea turtle nesting activities (from mid - October to November 1). Should additional blockage leading to closure of the Pass occur prior to that time, then additional coordination would be undertaken before the sea turtle nesting season completion to determine if the work can be undertaken without adversely impacting any remaining sea turtle nests. The work described above is to be completed in accordance with the 15 pages of drawings (Attachment A) and 7 attachments affixed at the end of this permit instrument. Project Location: The project would affect waters of the United States associated with Clam Pass and the Gulf of Mexico. The project site is located in Clam Pass and the Gulf of Mexico, Sections 8 and 9, Township 49 South, Range 25 East, City of Naples, Collier County, Florida. March 28, 2016 New Business 7 -h 96 of 177 PERMIT NUMBER: SAJ- 1996- 02789(SP -BEM) PERMITTEE: Collier County c/o Pelican Bay Services Division PAGE 3 of 11 Directions to site: From U.S. 41/Tamiami Trail, head west on Pine Ridge Road, which dead -ends into the Clam Pass Parking Lot. Access to the beach is via tram or walking. Clam Pass is located approximately .20 miles north of the beach path. Approximate Central Coordinates: Latitude: 26.2197 North Longitude: 81.8169 West Permit Conditions General Conditions: 1. The time limit for completing the work authorized ends on March 9, 2026 If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions (Attachment B). March 28, 2016 New Business 7 -h 97 of 177 PERMIT NUMBER: SAJ- 1996- 02789(SP -BEM) PERMITTEE: Collier County c/o Pelican Bay Services Division PAGE 4 of 11 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to the following address: a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Special Projects and Enforcement Branch, 1520 Royal Palm Square Blvd., Suite 310, Fort Myers, FL 33919. b. For electronic mail CESAJ- ComplyDocs @usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ- 1996- 02789(SP -BEM), on all submittals. 2. As -Built Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall submit as -built drawings of the authorized work and a completed "As -Built Certification By Professional Engineer" form (Attachment C) to the Corps. The as -built drawings shall be signed and sealed by a registered professional engineer and include the following: a. A plan view drawing of the location of the authorized work footprint, as shown on the permit drawings, with transparent overlay of the work as constructed in the same scale as the permit drawings on 8'/2 -inch by 11- inch sheets. The plan view drawing should show all "earth disturbance," including wetland impacts and water management structures. b. A list of any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the attached "As- Built Certification By Professional Engineer"form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as -built drawings any deviations that have been listed. Please note that the depiction and /or description of any deviations on the drawings and /or "As -Built Certification By Professional Engineer" form does not constitute approval of any deviations by the Corps. March 28, 2016 New Business 7 -h 98 of 177 PERMIT NUMBER: SAJ- 1996- 02789(SP -BEM) PERMITTEE: Collier County c/o Pelican Bay Services Division PAGE 5of11 c. Include the Department of the Army permit number on all sheets submitted. 3. Clean Fill: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act. 4. Regional Biological Opinion: The 1997 Gulf Regional Biological Opinion (GRBO) for swimming sea turtles, whales, and sturgeon can be found at the following web address: http: / /el .erdc.usace.army.mil /seaturties /refs - bo.cfm. The GRBO contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is specified in the GRBO. Your authorization is conditional upon your compliance with all of the mandatory terms and conditions associated with the incidental take of the GRBO, which terms and conditions are incorporated by reference in the permit. Failure to comply with the terms and conditions associated with the incidental take of the GRBO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non - compliance with your Corps permit. However, depending on the affected species NMFS is the appropriate authority to determine compliance with the terms and conditions of its GRBO and with the Endangered Species Act (ESA). For further clarification on this point, you should contact NMFS. Should NMFS determine the conditions of the GRBO have been violated, normally they will enforce the violation of the ESA, or refer the matter to the Department of Justice. 5. Piping Plover Programmatic Biological Opinion (PA 3130): The permittee provided information to the FWS during consultation for the piping plover. The Permittee has reviewed the Reasonable and Prudent Measures, Terms and Conditions of the PA 3130, and agreed to follow the measures included to minimize impacts to piping plovers. The FWS provided concurrence that the maintenance dredging activities and sand placement activities are consistent with the PA3BO provided the Permittee complies with the mandatory Terms and Conditions to implement the RPMs associated with incidental take for the piping plover. 6. Biological Opinion: This permit does not authorize the Permittee to take an endangered species, in particular the red knot. In order to legally take a listed species, the Permittee must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a BO under ESA Section March 28, 2016 New Business 7 -h 99 of 177 PERMIT NUMBER: SAJ- 1996- 02789(SP -BEM) PERMITTEE: Collier County c/o Pelican Bay Services Division PAGE 6 of 11 7, with "incidental take" provisions with which you must comply). The enclosed (Attachment D) FWS Biological Opinion (BO) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is also specified in the BO. Authorization under this permit is conditional upon compliance with all of the mandatory terms and conditions associated with incidental take of the enclosed BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute noncompliance with this permit. The FWS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA. 7. Manatee Conditions: Manatee Conditions: The Permittee shall comply with the "Standard Manatee Conditions for In -Water Work — 2011 ". (Attachment E) 8. Sea Turtles and Smalltooth Sawfish Conditions: The Permittee shall comply with National Marine Fisheries Service's (NMFS) "Sea Turtle and Smalltooth Sawfish Construction Conditions" (2006). (Attachment F) 9. Seagrass Avoidance: There shall be no impacts to the existing seagrass beds located adjacent to the dredge area as a result of this project. No seagrass impacts shall occur as a result of construction operations, such as, but not limited to, propeller scouring; and vessel or barge anchoring, grounding or spudding. The Permittee shall be held liable for any unauthorized impacts. For any impacts caused by the construction operation, the Corps may require seagrass restoration and mitigation. 10. Pre - construction survey: The permittee shall conduct a pre- construction seagrass survey /benthic assessment of the proposed dredge area (within the June 1 through September 30 time frame, if feasible). The purpose of the survey is to determine whether seagrass impacts can be avoided or minimized. Upon receipt of the survey, the Corps will determine whether the impacts can be avoided or minimized. If the impacts cannot be avoided, the Corps may require seagrass compensatory mitigation, monitoring, and contingency plans for any seagrass impacts. 11. Pre - Construction Meeting: The Permittee will schedule a pre- construction meeting with the Enforcement Section representative prior to the start of work to review the limitations and special conditions of the permit. During this meeting participants will be required to sign a form acknowledging knowledge and March 28, 2016 New Business 7 -h 100 of 177 PERMIT NUMBER: SAJ- 1996- 02789(SP -BEM) PERMITTEE: Collier County c/o Pelican Bay Services Division PAGE 7 of 11 comprehension of what has been authorized and associated requirements. The Permittee should not start work prior to the pre- construction meeting without written approval by the Corps 12.Agency Changes /Approvals: Should any other agency require and /or approve changes to the work authorized or obligated by this permit, the Permittee is advised a modification to this permit instrument is required prior to initiation of those changes. It is the Permittee's responsibility to request a modification of this permit from the Fort Myers Permits Section. The Corps reserves the right to fully evaluate, amend, and approve or deny the request for modification of this permit. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) (X) Section 404 of the Clean Water Act (33 U.S.C. 1344) ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. March 28, 2016 New Business 7 -h 101 of 177 PERMIT NUMBER: SAJ- 1996- 02789(SP -BEM) PERMITTEE: Collier County c/o Pelican Bay Services Division PAGE 8 of 11 b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest March 28, 2016 New Business 7 -h 102 of 177 PERMIT NUMBER: SAJ -1996- 02789(SP -BEM) PERMITTEE: Collier County c/o Pelican Bay Service's Division PAGE 9of11 decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below,. as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. 3/8/2016 (PERMITTEE) (DATE) Neil Dorrill (PERMITTEE NAME - PRINTED) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. r (STRICT ENGINEER) (DATE) J Jason A. Kirk, P.E., Colonel, U.S. Army District Commander March 28, 2016 New Business 7 -h 103 of 177 PERMIT NUMBER: SAJ- 1996- 02789(SP -BEM) PERMITTEE: Collier County c/o Pelican Bay Services Division PAGE 10 of 11 When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE- SIGNATURE) (DATE) (NAME- PRINTED) (ADDRESS) (CITY, STATE, AND ZIP CODE) March 28, 2016 New Business 7 -h 104 of 177 PERMIT NUMBER: SAJ- 1996- 02789(SP -BEM) PERMITTEE: Collier County c/o Pelican Bay Services Division PAGE 11 of 11 Attachments to Department of the Army Permit Number SAJ- 1996 -02789 A. PERMIT DRAWINGS: 15 pages B. WATER QUALITY CERTIFICATION: Specific Conditions of the water quality permit/certification (0296087- 001 -JC) in accordance with General Condition number 5 on page 2 of this DA permit. 19 pages. C. AS -BUILT CERTIFICATION BY PROFESSIONAL ENGINEER: 2 sheets: 2 pages. D. BIOLOGICAL OPINION: 19 pages E. STANDARD MANATEE CONDITIONS FOR IN -WATER WORK — 2011: 2 sheets. F. SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS page. March 28, 2016 New Business 7 -h 105 of 177 ATTACHMENT A March 28, 2016 7 -h 177 ew E usines 106 pro to °m m iooa W n= $ z z z z °gyg� is ozNUr�. iw "'� <m Ji oe z � zQ�JPWW W _ �z Vey Wt�UIJUI)ltI O OOOOOOU 2 VFtl MN�rc¢CWWW I II ISaWmzm Wiz: SW3PS �USOti� 2 OtAW WN!]1]Cl���m S ��Z U 3 O N = ZVWw¢O S <OOVYINZ .222 0000 O ` S� .042" �< w y V.J33 NNVI YINNVI 00 O P N; .2 Sr.. 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NI1f 7 -h 77 gj�s Q O > 7 < mm�, Y�Yr g :1D D O U W r > N C V J ,fig J z = J « J r 2z 0 6i Q��oiv >> Q J < J J as 0 00 e9vp 1 Q9 im�m F « pN� 0� Ymo W Of rO�I ID � fm� OOtm� .rtD Rmm' O N uY 1�1 1Np C� Yp Q mO eYp1 cM z z W j O n n s Z • n O a <m^U m zor tO�WtzN W�So W O nOS uu 00 ZOOS i z O W ~ 4 Z Z m C Z U tl ¢ u W OC M W < W N ¢ i < <O m O _ �I.=4N Q W OOZ m < =W r D mpg3 y°j WNO� 70<m Z .yryimo UL W J Z � W -= 2 < o33p N Q N ;W Z z ~ W Z F = < a O O W W C 4 W< O z . NI1f 7 -h 77 March 28, 2016 New Business 7 -h 121 of 177 ATTACHMENT B Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 5 of 20 March 28, 2016 New Business 7 -h 122 of 177 11. Within 30 days after completion of construction or completion of a subsequent maintenance event authorized by this permit, the Permittee shall submit to the Bureau of Beaches and Coastal Systems (JCP Compliance Officer) and the appropriate District office of the Department a written statement of completion and certification by a registered professional engineer. This certification shall state that all locations and elevations specified by the permit have been verified; the activities authorized by the permit have been performed in compliance with the plans and specifications approved as a part of the permit, and all conditions of the permit; or shall describe any deviations from the plans and specifications, and all conditions of the permit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on two paper copies and one electronic copy of as -built drawings submitted to the Bureau of Beaches and Coastal Systems (JCP Compliance Officer). SPECIFIC CONDITIONS: 1. All reports or notices relating to this permit shall be sent to the DEP, Bureau of Beaches and Coastal Systems, JCP Compliance Officer, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399 -3000 (e -mail address: JCP Compliance(a�,dep. state. fl.us). 2. The Permittee shall not store or stockpile tools, equipment, materials, etc., within littoral zones or elsewhere within surface waters of the state without prior written approval from the Department. Storage, stockpiling or access of equipment on, in, over or through seagrass (or other aquatic vegetation) beds, or wetlands is prohibited unless within a work area or ingress /egress corridor specifically approved by this permit. Anchoring or spudding of vessels and barges within beds of aquatic vegetation or over hardbottom areas is also prohibited. 3. The Permittee shall not conduct project operations or store project - related equipment in, on or over dunes, or otherwise impact dune vegetation, outside the approved staging, beach access and dune nourishment areas designated in the permit drawings. 4. No work shall be conducted under this permit until the Permittee has received a written notice to proceed from the Department. At least 30 days prior to the requested date of issuance of the notice to proceed, the Permittee shall submit a written request for a Notice to Proceed and the following items for review and approval by the Department: a. The Permittee shall submit the final plans and specifications for this project, which must be consistent with the project description of this permit and the approved permit drawings. The Permittee shall point out any deviations from the project description or the approved permit drawings, and any significant changes would require a permit modification. Submittal shall include one (1) hardcopy (sized 11 inches by 17 inches or greater, with all text legible) and one (1) electronic copy of the final plans and specifications. The plans and specifications shall be accompanied by a letter Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 6 of 20 March 28, 2016 New Business 7 -h 123 of 177 indicating the project name, the permit number, the type of construction activity, the specific type of equipment to be used, the anticipated volume of material to be moved (if applicable) and the anticipated schedule. Further, the Permittee shall specify any anticipated sites that will be used (such as a disposal or re -use location) and appropriate contact information for those facilities. The final plans and specifications submitted under this condition must comply with all conditions set forth in this permit. b. The final plans and specifications for each maintenance dredging event shall include a topographic survey of Clam Pass and adjacent beaches within the project area where activities are anticipated to occur. The survey shall be conducted within six months prior to the requested date of the issuance of the notice to proceed. The survey and deliverables shall be consistent with the Department's Monitoring Standards for Beach Erosion Control Projects. c. Turbidity monitoring qualifications. Construction at the project site shall be monitored closely by persons with professional experience in monitoring turbidity for beach restoration or nourishment projects to assure that turbidity levels do not exceed the compliance standards established in this permit. Also, an individual familiar with beach construction techniques and turbidity monitoring shall be present at all times when fill material is discharged on the beach. This individual shall have authority to alter construction techniques or shut down the dredging or beach construction operations if turbidity levels exceed the compliance standards established in this permit. The names and qualifications of those individuals performing these functions, along with 24 -hour contact information, shall be submitted for approval. Pre - Construction Conference. The Permittee shall conduct a pre - construction conference to review the specific conditions and monitoring requirements of this permit with Permittee's contractors, the engineer of record, the Florida Fish and Wildlife Conservation Commission (FWC), the U.S. Fish and Wildlife Service (FWS), the JCP compliance officer, the permitted sea turtle surveyor and other species surveyors as appropriate, prior to each construction event. The meeting will provide an opportunity for explanation and /or clarification of the protection measures as well as additional guidelines when construction occurs during nesting season, such as staging equipment and reporting within the work area as well as follow up meetings during construction. In order to ensure that appropriate representatives are available, at least twenty -one (2 1) days prior to the intended commencement date for the permitted construction, the Permittee is advised to contact the Department, and the other agency representatives listed below: DEP, Bureau of Beaches & Coastal Systems JCP Compliance Officer Mail Station 300 3900 Commonwealth Boulevard Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 7 of 20 Tallahassee, Florida 32399 -3000 phone: (850) 414 -7716 e -mail: JCP ComplianceC&dep. state. fl.us DEP South District Office Submerged Lands & Environmental Resources 2295 Victoria Avenue Suite 364 Fort Myers, FL 33901 -2896 (239)334 -5600 Imperiled Species Management Section Florida Fish & Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399 -1600 phone: (850) 922 -4330 fax: (850) 921 -4369 or email: marineturtle @myfwc.com March 28, 2016 New Business 7 -h 124 of 177 The Permittee is also advised to schedule the pre - construction conference at least a week prior to the intended commencement date. At least seven (7) days in advance of the pre - construction conference, the Permittee shall provide written notification, advising the participants (listed above) of the agreed -upon date, time and location of the meeting, and also provide a meeting agenda and a teleconference number. Sediment quality will be assessed as outlined in the Sediment QA/AC plan (attached). Any occurrences of unacceptable material will be handled according to the protocols set forth in the Sediment QA /QC plan. The sediment testing result will be submitted to FDEP within 90 days following the completion of beach construction. Fish and Wildlife Protection Conditions for Dredging Activities: 7. In -water Activity. The 2011 Standard Manatee and Marine Turtle Construction Conditions for In -water Work shall be followed for all in -water activity. a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The Permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/NoWake" at all times while in the immediate area and while in water where Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 8 of 20 March 28, 2016 New Business 7 -h 125 of 177 the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels shall follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on -site project personnel are responsible for observing water - related activities for the presence of manatee(s). All in -water operations, including vessels, shall be shutdown if a manatee(s) comes within 50 feet of the operation. Activities shall not resume until the manatee(s) has moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals shall not be herded away or harassed into leaving. e. Any collision with, or injury to, a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1- 888 -404- 3922. Collision and /or injury should also be reported to the U.S. Fish and Wildlife Service (FWS) in Jacksonville (1- 904 - 731 -3336) for north Florida or Vero Beach (1- 772 -562 -3909) for south Florida, and to FWC at ImperiledSpecies @myFWC.com f. Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the Permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 1 /2" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water - related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. Fish and Wildlife Protection Conditions for Beach Placement of Material: Beach Maintenance. All excavations and temporary alterations of the beach topography shall be filled or leveled to the natural beach profile prior to 9 p.m. each day. 9. Seabird and Shorebird Surveys. Surveys shall be conducted to identify and document the presence of nesting seabirds and shorebirds (shorebird). Nesting shorebird surveys should be conducted by trained, dedicated individuals (Shorebird Observer) with proven shorebird identification skills and avian survey experience. Credentials of the Shorebird Observer shall be submitted to the FWC Regional Species Biologist (contact Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087 - 001 -JC Page 9 of 20 March 28, 2016 New Business 7 -h 126 of 177 information attached) for review and approval. Shorebird Observers shall use the following survey protocols: a. Shorebird Observers shall review and become familiar with the general information and data collection protocol outlined on the FWC's Florida Shorebird Database website (www.FLShorebirdDatabase.org). An outline of data to be collected, including downloadable field data sheets, is available on the website. b. The nesting season is April 1 — September 1 for seabirds, but flightless young may be present through September. In addition, snowy plover may nest as early as February (found along the west coast of Florida) and the American oystercatcher may initiate nesting as early as March 15. Nesting season surveys must begin on the first day of nesting season (February 15 in potential snowy plover habitat, March 15 in areas where American oystercatchers have historically nested, or April 1 elsewhere) or 10 days prior to project commencement (including surveying activities and other pre - construction presence on the beach), whichever is later. Surveys shall be conducted through August or until all nesting activity has concluded, whichever is later. c. Nesting season surveys shall be conducted in all potential beach - nesting bird habitat within the project boundaries that may be impacted by construction or pre - construction activities during the nesting season. Portions of the project in which there is no potential for project - related activity during the nesting season may be excluded. d. During the pre - construction and construction phases of the project, surveys for detecting new nesting activity will be completed on a daily basis prior to movement of equipment, operation of vehicles, or other activities that could potentially disrupt nesting behavior or cause harm to the birds or their eggs or young. e. Surveys shall be conducted by walking the length of the project area and visually inspecting, using binoculars or spotting scope, for the presence of shorebirds exhibiting breeding behavior. i.) If an ATV or other vehicle is needed to cover large project areas, operators shall adhere to the FWC's Best Management Practices for Operating Vehicles on the Beach (http://myfwc.com/conservation/you- conserve /wildlife /beach- drivin / ). Specifically, the vehicle must be operated at a speed <6 mph and be run at or below the high -tide line. The Shorebird Observer shall stop at no greater than 200 meter intervals to visually inspect for nesting activity. Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 10 of 20 March 28, 2016 New Business 7 -h 127 of 177 f. Once breeding is confirmed by the presence of a scrape, eggs, or young, the Shorebird Observer shall notify the FWC Regional Species Biologist (contact information attached) within 24 hours. All breeding activity shall be reported to the Florida Shorebird Database website within one week of data collection. 10. Seabird and Shorebird Buffer Zones and Travel Corridors. Within the project area, the Permittee shall establish a 300 foot -wide disturbance -free buffer zone around any location where shorebirds have been engaged in nesting behavior, including territory defense. All human disturbances shall be prohibited in the buffer zone. a. The width of the buffer zone shall be increased if birds appear agitated or disturbed by construction or other human activities. b. Site - specific buffers may be implemented upon approval by the FWC Regional Species Biologist (Ricardo Zambrano, at 561- 625 -5122) as needed. Reasonable and traditional pedestrian access should not be blocked where nesting birds will tolerate pedestrian traffic. This is generally the case with lateral movement of beach -goers walking parallel to the beach at or below the highest tide line. Pedestrian traffic may also be tolerated when nesting was initiated within 300 feet of an established beach access pathway. The Permittee shall work with the FWC Regional Species Biologist to determine if pedestrian access can be accommodated without compromising nesting success. d. Designated buffer zones shall be identified with posts, twine, and clearly marked signs ( "No Entry ") around the perimeter. The signs shall include the name and a phone number of the entity responsible for posting. Posts should not exceed 3' in height. Symbolic fencing (twine, string, or rope) should be placed between all posts at least 2 feet above the ground and rendered clearly visible to pedestrians. If pedestrian pathways are approved by the FWC Regional Species Biologist within the 300 -foot buffer zone, these should be clearly marked. The posted area shall be maintained in good repair until nesting is completed or terminated. Although solitary nesters may leave the posted area with their chicks, the posted area continues to provide a potential refuge for the family until nesting is complete. Nesting is not considered to be completed until all chicks have fledged. e. No construction activities, movement of vehicles, or stockpiling of equipment shall be allowed within the buffer area. f. Heavy equipment and other vehicles should not be operated on the beach when flightless chicks are present outside the posted area. If movement of vehicles or equipment on the beach is necessary, the operator must be accompanied by the shorebird observer who will insure no flightless birds are in the path of the moving March 28, 2016 New Business 7 -h Joint Coastal Permit 128 of 177 Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 11 of 20 vehicle and no tracks capable of trapping flightless young result. 11. Seabird and Shorebird Notification. If shorebird nesting occurs within the project area, a bulletin board shall be placed and maintained in the construction staging area with the location map of the construction site showing the bird nesting areas and a warning, clearly visible, stating that "NESTING BIRDS ARE PROTECTED BY LAW INCLUDING THE FLORIDA ENDANGERED AND THREATENED SPECIES ACT AND THE STATE and FEDERAL MIGRATORY BIRD ACTS ". 12. Marine Turtle Nest Surveys and Relocation. For sand placement projects that occur during the period from May 1 through October 31, daily early morning (before 9 a.m.) surveys shall be conducted, and eggs shall be relocated per the requirements below (a to c) until completion of the project. Monitoring and reporting shall continue throughout the nesting season and shall be conducted according to Post - construction Monitoring and Reporting Marine Turtle Protection Conditions included in this document. Nesting surveys shall be initiated 65 days prior to sand placement activities or by April 15, whichever is later. Nesting surveys and egg relocations shall continue through the end of the project or September 30, whichever is earlier. If nests are laid in areas where they may be affected by construction activities, eggs shall be relocated per the requirements listed in a through c below. Monitoring should resume the following nesting season and should be conducted according to Post - construction Monitoring and Reporting Marine Turtle Protection Conditions included in this document. a. Nesting surveys and egg relocations shall only be conducted by persons with prior experience and training in these activities and who are duly authorized to conduct such activities through a valid permit issued by FWC, pursuant to F.A.0 68E -1. Please contact FWC's Marine Turtle Management Program in Tequesta at MTP(a,myfwc.com for information on the permit holder in the project area. It is the responsibility of the Permittee to ensure that nesting surveys are completed. Nesting surveys shall be conducted daily between sunrise and 9 a.m. (in all time zones). b. Only those nests in the area where sand placement shall occur shall be relocated. Nest relocation shall not occur upon completion of sand placement. Nests requiring relocation shall be moved no later than 9 a.m. the morning following deposition to a nearby self - release beach site in a secure setting where artificial lighting will not interfere with hatchling orientation. Relocated nests shall not be placed in organized groupings. Relocated nests shall be randomly staggered along the length and width of the beach in settings that are not expected to experience daily inundation by high tides or known to routinely experience severe erosion and egg loss, or that are subject to artificial lighting. Nest relocations in association with construction activities shall cease when sand placement activities no longer threaten nests. Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 12 of 20 March 28, 2016 New Business 7 -h 129 of 177 Nests deposited within areas where construction activities have ceased or will not occur for 65 days or nests laid in the nourished berm prior to tilling shall be marked and left in place unless other factors threaten the success of the nest. The turtle permit holder shall install an on -beach marker at the nest site and /or a secondary marker at a point as far landward as possible to assure that future location of the nest will be possible should the on -beach marker be lost. No activity will occur within this area nor will any activities occur which could result in impacts to the nest. Nest sites shall be inspected daily to assure nest markers remain in place and the nest has not been disturbed by the project activity. 13. Marine Turtle or Nest Encounters. Upon locating a dead or injured sea turtle adult, hatchling or egg that may have been harmed or destroyed as a direct or indirect result of the project, the Corps, applicant, and/or local sponsor shall be responsible for notifying FWC Wildlife Alert at 1- 888 - 404 -FWCC (3922). Care shall be taken in handling injured sea turtles or eggs to ensure effective treatment or disposition, and in handling dead specimens to preserve biological materials in the best possible state for later analysis. In the event a sea turtle nest is excavated during construction activities, the permitted person responsible for egg relocation for the project shall be notified immediately so the eggs can be moved to a suitable relocation site. 14. Equipment Storage and Placement. Staging areas for construction equipment shall be located off the beach, if off -beach staging areas are available. Nighttime storage of construction equipment not in use shall be off the beach to minimize disturbance to shorebird and sea turtle nesting and hatching activities. In addition, all construction pipes that are placed on the beach shall be located as far landward as possible without compromising the integrity of the existing or reconstructed dune system. Pipes placed parallel to the dune shall be 5 to 10 feet away from the toe of the dune. Temporary storage of pipes shall be off the beach to the maximum extent possible. If it will be necessary to extend construction pipes past a known shorebird nesting site or over - wintering area for piping plovers, then whenever possible those pipes should be placed landward of the site before birds are active in that area. No pipe or sand shall be placed seaward of a shorebird nesting site during the shorebird nesting season. Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 13 of 20 March 28, 2016 New Business 7 -h 130 of 177 15. Project Lighting. Direct lighting of the beach and nearshore waters shall be limited to the immediate construction area during the sea turtle nesting season and shall comply with safety requirements. Lighting on offshore or onshore equipment shall be minimized through reduction, shielding, lowering, and appropriate placement to avoid excessive illumination of the water's surface and nesting beach while meeting all Coast Guard, EM 385 -1 -1, and OSHA requirements. Light intensity of lighting equipment shall be reduced to the minimum standard required by OSHA for General Construction areas, in order not to misdirect sea turtles. Shields shall be affixed to the light housing and be large enough to block light from all lamps from being transmitted outside the construction area (Figure below). OCEAN Shorolne Beach ` WORK AREA f/ Beach No Illumination ` No Illumination Zone ►, t } .�r Zone ShkkIN we ow t Shkift Ught source CROSS SECTION 4yi>i.m BEACH LIGHTING - SCHEMATIC 16. 17. Fill Restrictions. During the sea turtle nesting season, the contractor shall not extend the beach fill more than 500 feet along the shoreline between dusk and the following day until the daily nesting survey has been completed and the beach cleared for fill advancement. An exception to this may occur if there is permitted sea turtle surveyor present on -site to ensure no nesting and hatching sea turtles are present within the extended work area. If the 500 feet is not feasible for the project, an agreed upon distance shall be established during the preconstruction meeting. Once the beach has been cleared and the necessary nest relocations have been completed, the contractor will be allowed to proceed with the placement of fill during daylight hours until dusk at which time the 500 -foot length limitation shall apply. 18. Compaction Sampling. For Collier County, sand compaction shall be monitored in the area of sand placement immediately after completion of the project and prior to April 15th for three (3) subsequent years, and shall be monitored in accordance with a protocol agreed to by the U.S. Fish & Wildlife Service (FWS), FWC and the applicant or local Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 14 of 20 March 28, 2016 New Business 7 -h 131 of 177 sponsor. The requirement for compaction monitoring can be eliminated if the decision is made to till regardless of post - construction compaction levels. Out -year compaction monitoring and remediation are not required if placed material no longer remains on the beach. At a minimum, the protocol provided under a. and b. below shall be followed. If the average value for any depth exceeds 500 pounds per square inch (psi) for any two or more adjacent stations, then that area shall be tilled immediately prior to the following date listed above. If values exceeding 500 psi are distributed throughout the project area but in no case do those values exist at two adjacent stations at the same depth, then consultation with the FWC or FWS will be required to determine if tilling is required. If a few values exceeding 500 psi are present randomly within the project area, tilling will not be required. a. Compaction sampling stations shall be located at 500 -foot intervals along the project area. One station shall be at the seaward edge of the dune/bulkhead line (when material is placed in this area), and one station shall be midway between the dune line and the high water line (normal wrack line). b. At each station, the cone penetrometer shall be pushed to a depth of 6, 12, and 18 inches three times (three replicates). Material may be removed from the hole if necessary to ensure accurate readings of successive levels of sediment. The penetrometer may need to be reset between pushes, especially if sediment layering exists. Layers of highly compact material may lie over less compact layers. Replicates shall be located as close to each other as possible, without interacting with the previous hole and/or disturbed sediments. The three replicate compaction values for each depth shall be averaged to produce final values for each depth at each station. Reports will include all 18 values for each transect line, and the final 6 averaged compaction values. 19. Tilling Requirements. If tilling is required as specified above, the area shall be tilled to a depth of 36 inches. All tilling activity shall be completed prior to the marine turtle nesting season. If tilling occurs during shorebird nesting season (February 15- August 31), shorebirds surveys prior to tilling may be required per the Shorebird Conditions included within this document. Each pass of the tilling equipment shall be overlapped to allow thorough and even tilling. If the project is completed during the marine turtle nesting season, tilling will not be performed in areas where nests have been left in place or relocated. If compaction measurements are taken, a report on the results of the compaction monitoring shall be submitted electronically to FWC at marineturtle(a myfwc.com prior to any tilling actions being taken. a. No tilling shall occur within 300 feet of any shorebird nest. Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 15 of 20 March 28, 2016 New Business 7 -h 132 of 177 b. If flightless shorebird young are observed within the work zone or equipment travel corridor, a Shorebird Monitor shall be present during the operation to ensure that equipment does not operate within 300 feet of the flightless young. c. A relatively even surface, with no deep ruts or furrows, shall be created during tilling. To do this, chain - linked fencing or other material shall be dragged over those areas as necessary after tilling. d. Tilling shall occur landward of the wrack line and avoid all vegetated areas 3 square feet or greater with a 3- square -foot buffer around the vegetated areas. The slope between the mean high water line and the mean low water line must be maintained in such a manner as to approximate natural slopes. 20. Escarpment Surveys. Visual surveys for escarpments along the project area shall be made immediately after completion of the sand placement project and during March 15 to April 15 for three (3) subsequent years if sand from the project area still remains on the beach. Escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of at least 100 feet shall be leveled and the beach profile shall be reconfigured to minimize scarp formation by April 15. Any escarpment removal shall be reported by location. If the project is completed during the sea turtle nesting and hatching season, escarpments may be required to be leveled immediately, while protecting nests that have been relocated or left in place. FWC shall be contacted immediately if subsequent reformation of escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet occurs during the nesting and hatching season to determine the appropriate action to be taken. If it is determined that escarpment leveling is required during the nesting or hatching season, the FWS or FWC will provide a brief written authorization that describes methods to be used to reduce the likelihood of impacting existing nests. An annual summary of escarpment surveys and actions taken shall be submitted electronically to marineturtleAmyfwc.com along with the annual summary as described below. If escarpment removal occurs during shorebird nesting season (February 15- August 31), shorebirds surveys may be required per the Shorebird Conditions included within this document prior to removal. (NOTE: Out -year escarpment monitoring and remediation are not required if placed material no longer remains on the dry beach). Post - construction Monitoring and Reporting Marine Turtle Protection Conditions: 21. Reports on all marine turtle nesting activity shall be provided for the initial marine turtle nesting season (May I through September IS) and for up to three additional nesting seasons as follows: Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 16 of 20 March 28, 2016 New Business 7 -h 133 of 177 a. For the initial nesting season and the following year, the number and type of emergences (nests or false crawls) shall be reported per species in accordance with the Table below. An additional year of nesting surveys may be required if nesting success for any species on the nourished beach is less than 40 %. b. For the initial nesting season, reproductive success shall be reported per species in accordance with the Table below. Reproductive success shall be reported for all loggerhead, green and leatherback nests if possible. Otherwise a statistically significant number of nests for each species shall be reported. c. In the event that the reproductive success documented by species meets or exceeds required criteria (e.g., 60% or greater for hatching success and emergence success with no statistical difference when compared to hatching success) for each species, monitoring for reproductive success shall be recommended, but not required for the second year post - construction. d. Monitoring of nesting activity in the seasons following construction shall include daily surveys and any additional measures authorized by the FWC. Summaries shall include all crawl activity, nesting success rates, hatching success of all relocated nests, hatching success of a representative sampling of nests left in place (if any) by species, project name and applicable project permit numbers and dates of construction. Data should be reported for the nourished areas in accordance with the Table below and should include number of nests lost to erosion or washed out. Summaries of nesting activity shall be submitted in electronic format (Excel spreadsheets) to the FWC Imperiled Species Management section at MTP(i�myfwc.com. All summaries shall be submitted by January 15 of the following year. The FWC Excel spreadsheet is available upon request from MTP(iDmyfwc.com. 22. Two lighting surveys shall be conducted of all artificial lighting visible from the nourished berm. The first survey shall be conducted between May 1 and May 15 the first nesting season following construction or immediately after placement if construction is not completed until after May 15, and a second survey between July 15 and August 1. The survey shall be conducted by the Permittee or local sponsor and should be conducted to include a landward view from the seaward most extent of the new beach profile. The survey shall follow standard techniques for such a survey and include number and type of visible lights, location of lights and photo documentation. For each light source visible, it must be documented that the property owner(s) have been notified of the problem light with recommendations for correcting the light. Recommendations must be in accordance with the Florida Model Lighting Ordinance for Marine Turtle Protection (Chapter 6213- 55, F.A.C.) and local lighting restrictions. In addition to local code enforcement, actions must be taken by the Permittee to ensure that no lights or light sources are visible from the newly elevated beach within their respective areas. A report summarizing all lights Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 17 of 20 March 28, 2016 New Business 7 -h 134 of 177 visible shall be submitted to FWC Imperiled Species Management Section at marineturtlekmyfwc.com by the 1 st of the month following survey. A summary report documenting what corrective actions have been taken provided and all compliance and enforcement actions shall also be submitted by December 15 of that year. After the annual report is completed, a meeting shall be set up with the Permittee or local sponsor, county or municipality, FWC and the FWS to discuss the survey report as well as any documented sea turtle disorientations in or adjacent to the project area. Marine Turtle Monitoring Table for Beach Placement of Material Metric Duration Variable Criterion Nesting Success Year of construction, one year to Number of nests and non- 40% or greater two or three years nesting emergences by postconstruction if placed sand day by species remains on the beach and variable does not meet criterion based on the previous year monitoring Hatching Success Year of construction and one to Number of hatchlings by Average of 60% or three years postconstruction if species to completely greater (data must placed sand remains on the escape egg include washed out beach and variable does not nests) meet criterion based on the previous year monitoring Emergence Success Year of construction and one to Number of hatchlings by Average must not be three years postconstruction if species to emerge from statistically different than placed sand remains on the nest onto beach naturally the average hatching beach and variable does not success meet success criterion based on the revious year monitoring Disorientation Year of construction and one to Number of nests and three years postconstruction if individuals that misorient placed sand remains on the or disorient beach Lighting Surveys Two surveys year following Number, location and 100% reduction in light construction, one survey photographs of lights sources directly visible between May 1 and May 15 and visible from elevated from nourished berm second survey between July 15 berm, corrective actions within one to two month And August 1 and notifications made period Compaction Not required if the beach is tilled Shear resistance Less than 500 psi prior to nesting season each year placed sand remains on the beach Escarpment Surveys Weekly during nesting season Number of scarps 18 Successful remediation for up to three years each year inches or greater of all persistent scarps placed sand remains on the extending for more than within three weeks of beach 100 feet that persist for documentation more than two weeks Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 18 of 20 March 28, 2016 New Business 7 -h 135 of 177 23. In the event that additional requirements are specified in any subsequent U.S. Fish and Wildlife Service Incidental Take Authorization and Biological Opinion, additional marine turtle protection conditions may be incorporated into this final order through a minor modification. 24. Turbidity curtains shall be used at the northeast bend in Clam Pass to protect the small shoal grass beds. MONITORING REQUIRED: 24. Water Quality - Turbidity shall be monitored as follows: Units: Nephelometric Turbidity Units (NTUs). Frequency: 2 times daily at least 4 hours apart during all dredging and sand placement operations, when the highest turbidity levels reach the edge of the mixing zone. Location: Background: At mid -depth clearly outside the influence of any artificially generated turbidity plume. Dredge Site: approximately 150 meters in the opposite direction of the prevailing current flow. Beach Site: approximately 500 meters upcurrent of the point where the return water from the dredged discharge reenters the Gulf of Mexico and the same distance offshore as the associated compliance sample. Compliance: At mid - depth, within the densest portion of any visible turbidity plume generated by this project. Dredge Site: Samples shall be collected 140 meters downcurrent from the dredge head into Clam Pass, in the densest portion of any visible turbidity plume. Additionally, Turbidity curtains shall be used at the northeast bend to protect seagrass beds within the circular loop. Beach Site: Samples shall be collected where the densest portion of the turbidity plume crosses the edge of the mixing zone, which measures 75 meters offshore and 150 meters downcurrent from the point where the return water from the dredged discharge reenters the Gulf of Mexico. Joint Coastal Permit Clam Pass Maintenance Dredging Project Permit No. 0296087- 001 -JC Page 19 of 20 March 28, 2016 New Business 7 -h 136 of 177 25. The compliance locations given above shall be considered the limits of the temporary mixing zone for turbidity allowed during construction. If monitoring reveals turbidity levels at the compliance sites that are greater than 29 NTUs above the corresponding background turbidity levels, construction activities shall cease immediately and not resume until corrective measures have been taken and turbidity has returned to acceptable levels. Any such occurrence shall also be immediately reported to the Department's Bureau of Beaches and Coastal Systems (BBCS) in Tallahassee via email at JCP Compliance(adep. state. fl.us and include in the subject line, "TURBIDITY EXCEEDANCE ", and the Project Name and Permit Number. Also notify the Department's South District office. 26. Turbidity Reports. All turbidity monitoring data shall be submitted within one week of analysis, along with documents containing the following information: a. time of day samples were taken; b. dates of sampling and analysis; c. depth of water body; d. depth of each sample; e. antecedent weather conditions, including wind direction and velocity; f. tidal stage and direction of flow; g. water temperature; h. a map indicating the sampling locations, dredging and discharge locations, and direction of flow; i. a statement describing the methods used in collection, handling, storage and analysis of the samples; j. a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection, calibration of the meter and accuracy of the data; k. When samples cannot be collected, include an explanation in the report. If unable to collect samples due to severe weather conditions, include a copy of a current report from a reliable, independent source, such as an online weather service. Monitoring reports shall be submitted by email to the BBCS in Tallahassee (attn: JCP Compliance Officer) and to the Department's South District office. In the subject line of the reports, include the Project Name, Permit Number and the dates of the monitoring interval. Failure to submit reports in a timely manner constitutes grounds for revocation of the permit. When submitting this information to the Department, on the cover page of the report, and at the top of each page, please state: "This information is provided in partial fulfillment of the monitoring requirements in Permit No. 0296087 -001 -JC, for the Clam Pass Maintenance Dredging Project." March 28, 2016 New Business 7 -h 137 of 177 ATTACHMENT C March 28, 2016 New Business 7 -h 138 of 177 AS -BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Submit this form and one set of as -built engineering drawings to the U.S. Army Corps of Engineers, Enforcement Section, 1520 Royal Palm Square Boulevard Suite 310, Fort Myers, Florida,33919. If you have questions regarding this requirement, please contact the Enforcement Branch at 904 - 232 -3131. 1. Department of the Army Permit Number: SAJ- 1996- 02789(SP -BEM) 2. Permittee Information: Name: Address: 3. Project Site Identification (physical location /address): 4. As -Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Army permit with any deviations noted below. This determination is based upon on -site observation, scheduled, and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as -built engineering drawings. Signature of Engineer (FL, PR, or VI) Reg. Number City (Affix Sea[) Date Name (Please type) Company Name State Telephone Number ZIP March 28, 2016 New Business 7 -h -3- 139 of 177 Identify any deviations from the approved permit drawings and /or special conditions (attach additional pages if necessary): March 28, 2016 New Business 7 -h 140 of 177 ATTACHMENT D United States Department of the Interior FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 201h Street Vero Beach, Florida 32960 February 18, 2016 Colonel Jason A. Kirk U.S. Army Corps of Engineers Post Office Box 4970 Jacksonville, Florida 32232 -0019 Service CPA Code: Service Consultation Code: Service Re- initiation Code: Corps Application Number: Date Received: Consultation Initiation Date: Project: Applicant: County: Dear Colonel Kirk: March 28, 2016 New Busin 7 -h 1f.i o�ra 41420 -2010- CPA -0395 41420- 2010 -F -0249 41420 - 2010 -F- 0249 -R001 SAJ -1996 -02789 (SP -BEM) March 19, 2015 February 1, 2016 Clam Pass dredging to maintain tidal exchange for estuary ecological improvements Collier County, Pelican Bay Services Division Collier This document transmits the U.S. Fish and Wildlife Service's (Service) Biological Opinion to the U.S. Army Corps of Engineers (Corps) based on our review of the proposed Clam Pass dredging and sand placement project to maintain tidal exchange for estuary ecological improvements (Project). Collier County, Pelican Bay Services Division (Applicant) proposes to maintenance dredge Clam Pass and place the dredge material along approximately 0.85 mile (mi) of shoreline north and south of Clam Pass, Collier County, Florida (Figure 1). The Corps determined the proposed Project may affect, and is likely to adversely affect the threatened piping plover (Charadrius »relodus), the threatened red knot (Cali(Iris canutus rufa), the threatened Northwest Atlantic Ocean (NWAO) Distinct Population Segment (DPS) of the loggerhead sea turtle (Camtta caretta), the endangered Ieatherback sea turtle (Dermochelys coriacea), the endangered green sea turtle (Chelonia mydas), the endangered hawksbill sea turtle (Eretmochelys imbricate), and the endangered Kemp's ridley sea turtle (Lepidochelys kenzpir); and may affect, but is not likely to adversely affect the endangered West Indian manatee (Dichechus marurtus; manatee) and terrestrial loggerhead sea turtle designated critical habitat. For the purposes of this document, the five identified sea turtles will be referred to collectively as sea turtles. This document is provided in accordance with section 7 of the Endangered Species Act of 1973, as amended (Act) (87 Stat. 884; 16 U.S.C. 1531 et seq.). March 28, 2016 New Business 7 -h 142 of 177 Piping plover The Project may lead to temporarily diminished quantity and quality of intertidal foraging and roosting habitats within the Project area, resulting in decreased survivorship of migrating and wintering piping plovers and temporary adverse effects to suitable foraging and roosting habitat. The Applicant has agreed to follow and implement the minimization measures, Reasonable and Prudent Measures (RPMs), and Terms and Conditions outlined in the Programmatic Piping Plover Biological Opinion (P3BO; Service 2013). The Service has determined the Project effects along the 0.85 mi of beach and 0.32 mi within Clam Pass inlet and channel are consistent with those analyzed in the P3BO. Based on the Applicant's commitment to implement the minimization measures, RPMs, and the Terms and Conditions identified in the P3BO, the Project's take coverage for piping plovers is henceforth covered under the P3BO. All monitoring and reporting requirements must be submitted as outlined in the P3BO. Sea turtles The Project has the potential to adversely affect nesting female sea turtles, nests, and hatchlings within the action area. Potential effects include destruction of nests deposited within the boundaries of the Project, harassment in the form of disturbing or interfering with female sea turtles attempting to nest within the construction area or on adjacent beaches as a result of construction activities, and behavior modification of nesting females due to escarpment formation within the Project area during the nesting season resulting in false crawls or situations where they choose marginal or unsuitable nesting areas to deposit eggs. The quality of the dredge material could affect the ability of female sea turtles to nest, the suitability of the nest incubation environment, and the ability of hatchling to emerge from the nest. The Service has determined the Project effects along the 0.85 mi of beach are consistent with those analyzed in the revised Statewide Programmatic Biological Opinion (2015 -SPBO; Service 2015). Based on the Applicant's commitment to implement the RPMs, and the Terms and Conditions identified in 2015 -SPBO that apply to the Project, the Project's take coverage for listed sea turtles is henceforth covered under the 2015 -SPBO. All monitoring and reporting requirements must be submitted as outlined in 2015 -SPBO. Terrestrial loggerhead sea turtle critical habitat The Project encompasses terrestrial loggerhead sea turtle Critical Habitat Unit LOGG- T -FL -26 — Wiggins Pass — Clam Pass, Collier County (north of Clam Pass), and Critical Habitat Unit LOGG -T- FL-27 — Clam Pass — Doctors Pass, Collier County (south of Clam Pass). Unit LOGG- T -FL -26 consists of 4.8 mi of mainland shoreline along the Gulf of Mexico and extends from Wiggins Pass to Clam Pass. The 0.32 mi of Project shoreline north of Clam Pass includes 6.67 percent of Critical Habitat Unit LOGG- T- FL -26, and 0.05 percent of all designated critical habitat in the NWAO DPS. Unit LOGG- T -FL -27 consists of 3.0 mi of island shoreline along the Gulf of Mexico and extends from Clam Pass to Doctors Pass. The 0.53 mi of Project shoreline south of CIam Pass includes 17.67 percent of Critical Habitat Unit LOGG- T- FL -27, and 0.08 percent of all designated critical habitat in 2 March 28, 2016 New Business 7 -h 143 of 177 the NWAO DPS. The Project will temporarily directly and/or indirectly impact biological and physical features of critical habitat for the NWAO DPS of the loggerhead sea turtle along 0.85 mi of beach along the Gulf of Mexico, Naples, Collier County, Florida. The effects of the Project on critical habitat are consistent with the analysis of the effects of beach nourishment projects on critical habitat conducted in the 2015 -SPBO. Therefore, the Service concurs that the Project may affect, but is not likely to adversely affect terrestrial loggerhead sea turtle critical habitat. This Biological Opinion is based on information provided in the Corps' Public Notice and letter dated February 20, 2015, and March 10, 2015, respectively. The effects of the Project on piping plovers, sea turtles, and terrestrial loggerhead sea turtle critical habitat will not be discussed further based on the assessment above. A complete record of this consultation is on file at the South Florida Ecological Services Office, Vero Beach, Florida. Consultation History On March 19, 2015, the Service received a copy of the Corps' Public Notice and letter dated February 20, 2015, and March 10, 2015, respectively; requesting initiation of formal consultation on the proposed Project in Collier County, Florida. On January 26 and 28, 2016, the Service emailed the Corps requests for additional information. On January 28, 2016, the Service received partial responses from the Corps and consultant concerning our requests for additional information. On January 28 and February 1, 2016, the Service received responses from the consultant concerning our request for additional information. On February 2, 2016, the Service completed their review of the Project and initiated consultation with the Corps concerning the potential effects of the Project on piping plovers, red knots, sea turtles, designated terrestrial loggerhead sea turtle critical habitat, and manatees. BIOLOGICAL OPINION DESCRIPTION OF PROPOSED ACTION The Applicant proposes to dredge approximately 11,800 cubic yards (cy) (could be as much as 22,800 cy in subsequent dredging events) of beach compatible sand from Clam Pass inlet and channel, Collier County, Florida (Figure 1). The intent of the proposed Project is in part to protect, preserve, and maintain the Clam Bay Natural Resource Protection Area as outlined in the November 2014 Clam Bay Natural Resources Protection Area Management Plan. 3 March 28, 2016 New Business 7 -h 144 of 177 Using a combination of hydraulic and mechanical dredges, approximately 1,700 linear feet (ft) of Clam Pass inlet and channel will be dredged between Stations 0+00 and 17+00 (Figure 2). The proposed dredge template elevation is -5.0 ft North American Vertical Datum (NAVD) between Stations 0 +00 and 3 +64.5 (Figure 2). A 0.5 -ft over - dredge allowance will be authorized. The profile of all dredge cuts within this section of work will consist of a 1 vertical ft: 1 horizontal ft slope. The proposed dredge template between Stations 3 +64.5 and 17 +00 will be similar except for an elevation of -4.0 NAVD. A maximum 50 -ft wide (bottom width) entrance cut will be mechanically dredged, which will allow access for a shallow -draft, barge - mounted hydraulic dredge inside Clam Pass. Appropriate buffers (5 to 15 ft), as outlined in the Clam Bay Natural Resource Protection Area Management Plan, will be maintained between the dredge cuts and adjacent mangroves and/or seagrasses to minimize the potential for adverse impacts to adjacent resources. All excavated and dredged beach compatible material will be deposited within the fill template (Florida Department of Environmental Protection [DEP] reference monument R -39 +733 ft to R -41, and R-42 ft to R-44 +500 ft [total fill template is approximately 0.85 mi]), and graded using bulldozers or other appropriate grading equipment, to the permitted design fill profile (1 vertical ft : 10 horizontal ft slope with an elevation of +5.0 and +6.6 ft NAVD in the north and south fill template, respectively). Construction vehicles will either access the shoreline at one of two beach corridors located approximately 2.4 and 2 mi north and south of Clam Pass, respectively, or may be delivered directly to the site by barge. All sand placed within the fill template must be approved by the DEP and meet all requirements as outlined in the Florida Administrative Code subsection 62B- 41.007. Although not anticipated, any non -beach compatible material will be stockpiled on the upland and ultimately disposed of landward of the Coastal Construction Control Line at the Collier County Landfill. All loose debris will be removed and properly disposed of prior to sand placement. Construction vehicles and equipment may traverse or be stored at the staging areas, stockpile area, and/or within the pipeline corridor. Existing vegetated habitat at these sites and corridors shall be protected to the maximum extent practicable. Any impacted vegetation at each of these sites and corridors shall be restored to preconstruction conditions. In addition, if heavy equipment and vehicles are required to traverse the dry beach above the mean high water line, the path will be tilled to 3 ft to avoid compaction impacts prior to the following sea turtle nesting season. The Project is expected to take between 45 and 75 days to complete and may take place 24 hours a day, 7 days a week. Project commencement is expected prior to March 15, 2016, in order to complete dredging before the 2016 sea turtle nesting season. If not feasible, and Clam Pass remains open, the Project will commence in November 2016. Minimization measures As previously stated, the Applicant will follow and implement the minimization measures, RPMs, and the Terms and Conditions of the P3BO. These RPMs and the Terms and Conditions n March 28, 2016 New Business 7 -h 145 of 177 will also minimize effects to red knots. To minimize impacts to manatees from the Project, the Applicant will implement the Florida Fish and Wildlife Conservation Commission's (FWC) Standard Manatee Conditions for In -Water Work ( FWC 2011) and the minimization measures outlined for manatees in the 2015 - SPBO. Action Area The action area is defined as all areas to be affected directly or indirectly by the action and not merely the immediate area involved in the action. The Service identifies the action area to include the dredge template, sand fill template (0.85 mi), beach corridors, pipeline corridors, staging areas, and the upland disposal site. The Project is located along the Gulf of Mexico, in Collier County, Florida, at latitude 26.2197 and longitude - 81.8169. SPECIES NOT LIKELY TO BE ADVERSELY AFFECTED BY THE PROPOSED ACTION West Indian manatee The Project occurs within the geographic range of the manatee. As previously indicated, the Applicant has agreed to follow and implement the Standard Manatee Conditions for In -Water Work (FWC 2011) and the minimization measures outlined in the 2015 -SPBO to avoid potential impacts on manatees. Based on the proposed protection measures, the Service concurs with the Corps' determination that the Project may affect, but is not likely to adversely affect the species; therefore, the manatee will not be considered further in this Biological Opinion. STATUS OF THE SPECIES /CRITICAL HABITAT Please see http:// www. fws. gov/ verobeach /StatusoftheSpecies.htmi for the current Status of the Species for the red knot (November 2015). Critical habitat has not been designated for the red knot; therefore, critical habitat will not be affected by the Project. Analysis of the species /critical habitat likely to be affected Red knot The proposed action has the potential to adversely affect migrating and wintering red knots and their habitat within the action area. The construction activities may lead to temporarily diminished quantity and quality of intertidal foraging and roosting habitats within the Project area, resulting in decreased survivorship of migrating and wintering red knots and temporary adverse effects to suitable intertidal foraging and roosting habitat. The length of construction activities may delay the recovery of prey species due to the prolonged disturbance of the benthic fauna. The detailed effects of the proposed action on red knots and their habitat will be 5 March 28, 2016 New Business 7 -h 146 of 177 considered further in the Effects of the Action sections of this Biological Opinion. ENVIRONMENTAL BASELINE Status of the species within the action area Assessing the number of red knots within the Project area during winter and migration periods is difficult because the number of birds utilizing the shoreline and intertidal areas vary from year to year and throughout each migration and wintering season. Piping plover monitoring has been conducted adjacent to Clam Pass since January 2013 in accordance to monitoring requirements associated with the Clam Pass dredging and sand placement event performed in 2013. Monitoring has been conducted twice monthly from January 1 through March 30, 2013, and from July 15`h through March 15"' for the 2013/14 and 2014/15 seasons. The 2015/16 shorebird monitoring is ongoing. Red knots were observed on two occasions. In March 2013 and January 2014, two red knots were observed approximately 0.4 mile south of Clam Pass, and an undisclosed number of red knots observed foraging and resting on the shoreline immediately south of Clam Pass, respectively. No additional red knots have been documented within the Project area based on subsequent survey efforts. Our Geographic Information System database has 1 documented red knot located approximately 1.8 mi north of CIam Pass in 2006. According to red knot data provided by eBird, 2 red knots were document approximately 2 mile north of Clam Pass in November 2012 (eBird 2016). Factors affecting the species habitat within the action area Coastal development Shoreline development throughout the wintering range poses a threat to all populations of red knots. Beach maintenance and nourishment, inlet dredging, and artificial structures, such as jetties and groins, can eliminate wintering areas and alter sedimentation patterns leading to the loss of nearby habitat. Structural development along the shoreline or manipulation of natural inlets upsets the dynamic processes and results in habitat loss or degradation (Melvin et al. 1991). Increased coastal development brings other recreational disturbances that are known to prevent bird usage of an area, including human disturbance, predation or disturbance by domestic animals, beach raking and cleaning, and habitat degradation by off -road vehicles. Recreational management techniques, such as vehicle restrictions, pet restrictions, and symbolic fencing (usually sign posts and string) of roosting and foraging habitats, can help to address anthropogenic disturbances to wintering red knots. Educational materials, such as informational signs or brochures, can also provide valuable information to assist the public in understanding the need for conservation measures. Although these measures can be effective, they are not implemented consistently throughout the State. 0 March 28, 2016 New Business 7 -h 147 of 177 Accelerated sea -level rise Potential effects of sea -level rise on coastal beaches vary regionally due to subsidence or uplift as well as the geological character of the coast and nearshore. Low elevations and proximity to the coast make all nonbreeding coastal red knot foraging and roosting habitats vulnerable to the effects of rising sea -level including the Project area. Furthermore, areas with small astronomical tidal ranges (e.g., sand spits, shoals, and portions of the Gulf Coast where intertidal range is less than 3.3 ft) are the most vulnerable to loss of intertidal wetlands and flats induced by sea -level rise (Environmental Protection Agency 2009). Accelerated sea -level rise is a major component of climate change. A detailed discussion of additional effects of climate change across the range of the red knot can be found in the Status of the Species. Sand placement activities Sand placement projects, such as the proposed Project, have the potential to alter red knot habitat and have historically occurred in the action area. Beach nourishment can create a beach seaward of existing hard stabilization or heavy development, where the beach has been lost due to erosion and/or sea -level rise, restoring associated ecosystem functions. Although dredge and fill projects that place sand on beaches or dunes may restore lost or degraded habitat, these projects may degrade habitat by altering the natural sediment composition and depressing the invertebrate base. This hinders habitat migration with sea -level rise, and replaces the natural dune beach nearshore system with artificial geomorphology (Service 2012). Lott et al. (2009) found a strong negative correlation between sand placement projects and the presence of shorebirds on the Gulf Coast of Florida; however, he noted additional research was needed to clarify whether the cause was the sand placement project or the tendency for these projects to be located on highly developed shorelines. Harrington (2008) noted the need for a better understanding of the potential effects of inlet - related projects, such as jetties, on bird habitats. Conversely, in areas where the shoreline is highly eroded, sand placement activities can improve red knot foraging and roosting habitat. Sand placement activities add sand to the sediment budget, increasing the beach width and providing a sand source for emergent nearshore features to form. Although there is some research related to the management of beach nourishment projects to better maintain the habitat for shorebirds, much of this research is focused on beaches in the northern U.S. where breeding occurs (Melvin et al. 1991). In their wintering grounds, increasing beach width is an important aspect of beach nourishment projects in highly developed, eroding areas. The timing of the project is also important in preventing impacts to red knots as a result of sand placement activities. Sediment transport- dred =in The common practice of inlet and nearshore dredging can affect red knot habitat. Dredging often involves removal of sediment from sand bars, shoals, and inlets in the near -shore zone, directly impacting optimal red knot roosting and foraging habitats (Winn and Harrington in Guilfoyle et al. 2006; Harrington in Guilfoyle et al. 2007; Harrington 2008). These ephemeral habitats are even 7 March 28, 2016 New Business 7 -h 148 of 177 more valuable to red knots because they tend to receive less recreational use than the main beach strand. In addition to causing this direct habitat loss, the dredging of sand bars and shoals can preclude the creation and maintenance of red knot habitats by removing sand sources that would otherwise act as natural breakwaters and weld onto the shore over time (Morton 2003; Hayes and Michel 2008). Further, removing these sand features can cause or worsen localized erosion by altering depth contours and changing wave refraction (Hayes and Michel 2008), potentially degrading other nearby red knot habitats indirectly because inlet dynamics exert a strong influence on the adjacent shorelines. Studying barrier islands in Virginia and North Carolina, Fenster and Dolan (1996) found inlet influences extend 3.4 to 8.1 mi, and that inlets dominate shoreline changes for up to 2.7 mi. Changing the location of dominant channels at inlets can create profound alterations to the adjacent shoreline (Nordstrom 2000). EFFECTS OF THE ACTION Factors to be considered The Project will occur within habitat that is used by wintering/migrating (mid -July to late April) red knots. Since red knots can be present on these beaches for up to 10 months per year, construction is likely to occur while the species is utilizing these beaches and associated habitats. Project activities may affect red knots by flushing birds from roosting or foraging habitat hindering their ability to 1) recuperate from the energy expenditure of their migration, 2) survive on their wintering areas, and/ or 3) to build fat reserves in preparation for migration back to their breeding grounds. In addition, effects of the Project may also include changes in the habitat including the physical characteristics of the beach from the placement of the sand. Analyses for effects of the action Direct effects Direct effects are those direct or immediate effects of a project on the species and/or its habitat. Heavy machinery and equipment (e.g., off road vehicles and bulldozers) operating within the Project area, placement of the dredge pipeline along the shoreline, and sand disposal, may affect migrating wintering red knots by disrupting their normal activities such as roosting and foraging by flushing them from the beach. Because red knots are highly mobile and can quickly move from harm's way, we do not anticipate that any individuals will be injured or killed by the proposed Project. Birds that are flushed may shift slightly up or down the beach to other available habitat adjacent to the action area, or they may travel greater distances to find an alternative stopover location. Although studies have shown that plovers tend to remain within a 2 -mi wintering home range, it is unknown how far red knots will travel within specific areas during migration stopovers and within wintering areas due to local disturbance or to find a more abundant food source. Dredging of 0.32 mi within Clam Pass inlet and channel is expected to impact potentially suitable red knot habitat. The inlet and channel represents an ephemeral intertidal foraging and roosting area 0 March 28, 2016 New Business 7 -h 149 of 177 for red knots and the amount of available habitat varies throughout the year based on weather and ocean conditions. This habitat is currently dredged from the inlet and channel on an average 4 to 5 year interval for purposes of maintaining proper tidal exchange to the Clam Bay estuary system. Based on current conditions and practices, the removal of intertidal foraging and/or roasting habitat as a result of the proposed action would be variable based on the amount existing, but would likely represent an increase from status quo. Therefore, inlet and channel dredging would decrease the quantity of available intertidal foraging and roosting habitat in Clam Pass. Sand placement may also adversely affect red knots by decreasing the intertidal benthic prey species abundance along the 0.85 mi of beach. Sand placement temporarily reduces wrack prey species occurrence and can bury and suffocate prey species. Overtime the natural wrack would be restored through normal tidal events and benthic species recruitment and re- establishment following sand placement events is anticipated to be from b months up to 2 years. Indirect effects Indirect effects are those that are caused by or result from the proposed action, are later in time, and are reasonably certain to occur. The disturbance to normal red knot foraging and roosting behavior and decrease prey availability, during construction and immediately post - construction, may decrease the survival and fitness of individuals by limiting the ability of birds to rest and replenish their fat reserves for spring migration and summer breeding. Furthermore, the increased energy expenditure and a potential lack of adequate food supplies could lead to reduced fecundity, and over - wintering survival. Such effects would be minimal for birds wintering or migrating through the action area because of the presence of suitable roosting and foraging habitat immediately north and south of the Project area. Furthermore, these effects are expected to be temporary, occurring during construction and up to 2 years following (for prey species to re- establish). Beneficial effects Beneficial effects are contemporaneous positive effects without any adverse effects to the species. The Project will introduce sediment into the system that will be reworked and redistributed through the natural processes of wind, wave action, and storm events. As previously stated, in areas where the shoreline is highly eroded, sand placement activities can improve red knot foraging and roosting habitat. The additional sediment will allow for formation of red knot habitat through natural processes, thus maintaining and/or enhancing the features for suitable red knot habitat. The renourishment and maintenance of such coastal habitats are important for maintaining healthy red knot populations. Species response to the proposed action Routine dredging and beach nourishment is expected on a 4 -5 year interval. Timing of construction activities may vary in duration depending on the amount of work needed (routine Gi March 28, 2016 New Business 7 -h 150 of 177 nourishment, emergency nourishment, hot spot nourishment), weather conditions, and equipment mobilization and maintenance. The number of birds that may be present during dredging and beach nourishment activities is not known and is expected to vary annually based on the timing of migration and the timing of the activity. However, based on historic surveys we estimate that this number could be between zero and two or more individuals. Regardless of the number, the behavior of any birds present will be disrupted when they are flushed from the foraging and roosting habitat. Because the habitat immediately north and south of the Project area consists of sandy beaches (suitable habitat), we anticipate that most birds will travel only a short distance. A worst -case scenario would be that the adjacent habitat is unsuitable for a particular year and individuals are forced to travel greater distances, thereby reducing their overall fitness and potential to survive and reproduce. Dredging of the 0.32 mi within Clam Pass inlet and channel may result in a temporary loss of available habitat. Any birds that arrive in the area following a dredging event may find a reduction in habitat compared to previous years. We anticipate that in most cases birds will travel a short distance to suitable habitat immediately north and south of the Project, or possibly further east in Clam Pass channel. This could result in a reduced fitness due to energy expenditure moving up and down the beach and could ultimately lead to a reduction of the individual's ability to survive and reproduce. Sand placement is expected to temporarily decrease the quality of the existing foraging habitat. Foraging quality of the 0.85 mi of shoreline will be temporarily reduced for 6 months up to 2 years while the intertidal benthic fauna (prey base) recovers to normal population levels and natural wrack returns to the newly created island shoreline. If birds arrive during this period of recovery, they may have to seek alternative foraging/stopover locations because of the lower food availability. We anticipate that in most cases birds will travel a short distance to suitable habitat immediately north and south of the Project; however, in some cases, fitness of individuals could be lowered due to the lower food availability. Similar to the reduced fitness due to energy expenditure moving up and down the beach, this reduced prey availability could ultimately lead to a reduction of the individual's ability to survive and reproduce. Although the Project will have repeated temporary adverse effects on red knots on average every 4 -5 years, the sand placement Project is ultimately anticipated to have an overall beneficial effect on the red knot by maintaining suitable habitat along 0.85 mi of beach. CUMULATIVE EFFECTS Cumulative effects include the effects of future State, tribal, local, or private actions that are reasonably certain to occur in the action area considered in this Biological Opinion. Future Federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation pursuant to section 7 of the Act. The Service is not aware of any specific activities that would be considered cumulative effects. 10 March 28, 2016 New Business 7 -h 151 of 177 CONCLUSION The survival and recovery of all breeding populations of red knots are fundamentally dependent on the continued availability of sufficient habitat in their coastal migration and wintering ranges, where those species spend more than two - thirds of their annual cycle. All red knot populations are inherently vulnerable to even small declines in their most sensitive vital rates (i.e., survival of adults and fledged juveniles). After reviewing the current status of the red knot, the environmental baseline for the action area, the effects of the proposed action, and the cumulative effects, it is the Service's biological opinion that the Project, as proposed, is not likely to jeopardize the continued existence of the red knot. We have reached this conclusion because 1) the implementation of the Project is not likely to directly kill any red knots since they are highly mobile and can move out of harm's way; 2) the amount of increased energy expenditure searching for suitable habitat and searching for prey during construction is anticipated to be minimal because birds will only shift a short distance to the adjacent beach; 3) even if the disturbance and decreased food availability leads to a reduction of fitness that ultimately reduces survival and reproduction, the number of individuals effected would be relatively small (one to two individuals); and 4) the Project is anticipated to have a long -term beneficial effect by maintaining sand along the 0.85 mi of beach creating suitable red knot habitat for migration/stopovers. INCIDENTAL TAKE STATEMENT Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit the take of endangered or threatened species, respectively, without special exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. Harm is further defined by the Service to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is defined by the Service as intentional or negligent actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Under the terms of section 7(b)(4) and section 7(0)(2), taking that is incidental to and not intended as part of the agency action is not considered to be prohibited under the Act provided that such taking is in compliance with the terms and conditions of this incidental take statement. The measures described below are non - discretionary, and must be implemented by the Applicant so they become binding conditions of any grant or permit issued to the Applicant, as appropriate, for the exemption in section 7(0)(2) to apply. The Applicant has a continuing duty to regulate the activity covered by this incidental take statement. If the Applicant (1) fails to assume and implement the terms and conditions or (2) fails to adhere to the terms and conditions of the incidental take statement through enforceable terms that are added to the permit or grant document, the protective coverage of section 7(0)(2) may lapse. In order to monitor the impact I1 March 28, 2016 New Business 7 -h 152 of 177 of incidental take, the Applicant must report the progress of the action and its impacts on the species to the Service as specified in the incidental take statement [50 CFR §402.14(i)(3)]. AMOUNT OR EXTENT OF TAKE All red knots that occupy the beach and the Clam Pass inlet and channel during winter and migration, could be taken in the form of harm and harassment as a result of the proposed action. The actual number of red knots that may be affected is difficult to quantify because migration and wintering bird survey data indicate the number of birds within and adjacent to the Project area for the duration of project construction and intertidal benthic recovery vary both seasonally (spring and fall) and annually (year to year). Furthermore, of the birds that occupy the Project area, the subset that may be adversely affected by a reduction in fitness leading to a decrease in productivity or over- winter survivorship would be difficult to identify because these affects may only be measurable on the breeding grounds the subsequent breeding season. Therefore, the Service will use the amount of beach (0.85 mi) and 0.32 mi within Clam Pass inlet and channel as a surrogate for the number of red knots that may be taken by the proposed Project. If the Applicant expands the Project outside of the 0.85 mi of sandy beach or 0.32 mi within Clam Pass inlet and channel, the amount or extent of incidental take for red knots will be considered exceeded. This incidental take statement will expire in 2026, 10 years after issuance of the Corps permit. If, during the course of the action, this level of incidental take is exceeded, such incidental take represents new information requiring reinitiation of consultation and review of the RPMs provided. The Corps must immediately provide an explanation of the causes of the taking and review with the Service the need for possible modification of the RPMs. EFFECT OF THE TAKE In the accompanying Biological Opinion, the Service determined this level of anticipated take is not likely to result in jeopardy to the red knot. REASONABLE AND PRUDENT MEASURES The Service and Corps have worked together to develop minimization measures for the proposed action to reduce the take and to minimize impacts of incidental take of red knots in this Biological Opinion. Consequently, there are no additional RPMs or terms and conditions. MONITORING AND REPORTING REQUIREMENTS Pursuant to 50 Code of Federal Regulations 402.14(i)(3), the Corps and the Applicant must provide adequate monitoring and reporting to determine if the amount or extent of take is approached or exceeded. The Corps or Applicant must report the number of mi of beach renourished following each sand placement event and mi of Clam Pass inlet and channel dredged. The PaBO also contains additional reporting requirements that must be submitted to the Service by July 31 of each year in which monitoring is completed. 12 March 28, 2016 New Business 7 -h 153 of 177 DISPOSITION OF DEAD OR INJURED SPECIMEMS Upon locating a dead, injured, or sick threatened red knot specimen, initial notification shall be made to the Service's Office of Law Enforcement (Groveland, Florida; 352 -429- 1037). Additional notification shall be made to FWC at 1- 888 - 404 -3922 and the Service's South Florida Ecological Services Office (1339 20th Street, Vero Beach, Florida 32960 -3559; 772 -562- 3909). Care should be taken in handling sick or injured specimens to ensure effective treatment and care and in handling dead specimens to preserve biological materials in the best possible state for later analysis of cause of death. In conjunction with the care of sick or injured endangered or threatened species or preservation of biological materials from a dead animal, the finder has the responsibility to ensure evidence intrinsic to the specimen is not unnecessarily disturbed. COORDINATION OF INCIDENTAL TAKE STATEMENT WITH OTHER LAWS, REGULATIONS, AND POLICIES Migratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA) implements various treaties and conventions between the U.S., Canada, Japan, Mexico, and the former Soviet Union for the protection of migratory birds. Under the provisions of the MBTA, it is unlawful "by any means or manner to pursue, hunt, take, capture or kill any migratory bird except as permitted by regulations issued by the Service. The term "take" is not defined in the MBTA, but the Service has defined it by regulation to mean to pursue, hunt, shoot, wound, kill, trap, capture or collect any migratory bird, or any part, nest or egg or any migratory bird covered by the conventions or to attempt those activities. The Service carries out its mission to protect migratory birds by fostering relationships with entities that have taken effective steps to avoid take, by encouraging others to implement measures to avoid take, and through investigations and enforcement when appropriate. Companies are encouraged to work closely with the Service to identify available protective measures when developing project plans to safeguard wildlife and to implement those measures where applicable. Ultimately, those parties involved with the planning, design, construction, operation, maintenance, and decommissioning of projects are responsible for conducting relevant evaluations of the area and for determining which, if any, bird species may be affected. All sand placement events have the potential to impact nesting shorebirds protected under the MBTA (16 U.S.C. 701 et seq.). In order to minimize potential take of migratory birds protected under the MBTA the Applicant shall comply with the FWC standard shorebird protection guidelines to protect against impacts to nesting shorebirds during implementation of the Project. The Service will not refer the incidental take of red knots associated with this Project for prosecution under the MBTA, as amended (16 U.S.C. 703 -712), if such take is in compliance with the terms and conditions specified here. 13 March 28, 2016 New Business 7 -h 154 of 177 CONSERVATION RECOMMENDATIONS Section 7(a)(1) of the Act directs Federal agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery plans, or to develop information. 1. The Corps should facilitate a meeting between the Service, FWC, and the Applicant to discuss steps for the long -term protection of wrack within the Project area. 2. The Applicant should avoid dredging submerged and emergent shoals to preserve beach dynamics and shorebird habitat. 3. The Applicant should support pre -and post- construction benthic invertebrate surveys. 4. The Applicant should consider the creation of habitat features such as ephemeral tide pools, irregular shorelines and extended flats to enhance feeding and roosting habitats. 5. The Corps should work with the Service, FWC, and the Applicant to reduce human disturbance to red knots (e.g., symbolic fencing around important roosting areas, enactment and enforcement of dog regulations, signage, outreach materials regarding red knots and beaches, bird stewards where high human use and red knots overlap). In order for the Service to be kept informed of actions minimizing or avoiding adverse effects or benefitting listed species or their habitats, the Service requests notification of the implementation of any conservation recommendations. REINITIATION NOTICE This concludes formal consultation on the action outlined in the request. As provided in 50 CFR §402.16, reinitiation of formal consultation is required where discretionary Federal agency involvement or control over the action has been retained (or is authorized by law) and if: 1. The amount or extent of incidental take is exceeded; 2. New information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this Biological Opinion; 3. The agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not considered in this Biological Opinion; and 4. A new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation. 14 March 28, 2016 New Business 7 -h 155 of 177 Thank you for your cooperation in the effort to protect fish and wildlife resources. Should you have additional questions or require clarification, please contact Jeff Howe at 772 - 469 -4283. Sincerely yours, oxanna Hinzman Field Supervisor South Florida Ecological Services Office cc: electronic only Corps, Fort Myers, Florida (Brianne McGuffie) DEP, Tallahassee, Florida (Tom Jacobs) EPA, West Palm Beach, Florida (Ron Miedema) FWC, Tallahassee, Florida (FWC -CPS) Service, Jacksonville, Florida (Billy Brooks) Service, St. Petersburg, Florida (Ann Marie Lauritsen, Peter Plage) 15 March 28, 2016 New Business 7 -h 156 of 177 LITERATURE CITED eBird. 2016. An online database of bird distribution and abundance [Internet]. Cornell Lab of Ornithology; Ithaca, New York [cited January 28, 20161. Available from: http: / /www.ebird.org. Environmental Protection Agency. 2009. Coastal zones and sea level rise. Available from: http: / /www.epa.gov /climatechange %ffects /coastal /index/html. Fenster, M. and R. Dolan. 1996. Assessing the impact of tidal inlets on adjacent barrier island shorelines. Journal of Coastal Research 12(1):294 -310. Florida Fish and Wildlife Conservation Commission (FWC). 2011. Standard Manatee Conditions for In -Water Work 2011. Available from: http: / /myfwc. con /wildlifehabitats /managed/manatee /permit- review / #Main Guilfoyle, M.P., R.A. Fischer, D.N. Pashley, and C.A. Lott, editors. 2006. Summary of first regional workshop on dredging, beach nourishment, and birds on the south Atlantic coast. ERDC/EL TR- 06 -10. U.S. Army Corps of Engineers; Washington, D.C. Available from: http: // www. fws. gov /raleigh/pdfs/ES /treI06- l0.pdf. Guilfoyle, M.P., R.A. Fischer, D.N. Pashley, and C.A. Lott, editors. 2007. Summary of second regional workshop on dredging, beach nourishment, and birds on the north Atlantic coast. ERDC/EL TR- 07 -26. U.S. Army Corps of Engineers; Washington, D.C. Available from: http: / /www.dtic. mil /cgi- bin/GetTRDoc ?AD= ADA474358. Harrington, B.A. 2008. Coastal inlets as strategic habitat for shorebirds in the southeastern United States. DOER technical notes collection. U.S. Army Engineer Research and Development Center; Vicksburg, Mississippi. Available from: http://el.erdc.usace.army.mil/eipubs/Pdf/doere25.pdf. Hayes, M.O. and J. Michel. 2008. A coast for all seasons: A naturalist's guide to the coast of South Carolina. Pandion Books; Columbia, South Carolina, Lott, C.A., C.S. Ewell Jr., and K.L. Volanky. 2009. Habitat associations of shoreline- dependent birds in barrier island ecosystems during fall migration in Lee County, Florida. Prepared for U.S. Army Corps of Engineers; Engineer Research and Development Center; Technical Report. Melvin, S.M., C.R. Griffin, and L.H. MacIvor. 1991. Recovery strategies for piping plovers in managed coastal landscapes. Coastal Management 19: 21 -34. 16 March 28, 2016 New Business 7 -h 157 of 177 Morton, R.A. 2003. An overview of coastal land loss: With emphasis on the southeastern United States. USGS Open File Report 03 -337. U.S. Geological Survey Center for Coastal and Watershed Studies; St. Petersburg, Florida. Available from: http : / /pubs.usgs.gov /of /2003/of03- 337 /pdf.htmi. Nordstrom, K.F. 2000. Beaches and dunes of developed coasts. Cambridge University Press; Cambridge, United Kingdom. U.S. Fish and Wildlife Service (Service). 2012. Comprehensive conservation strategy for the piping plover (Charadrius melodus) in its coastal migration and wintering range in the continental United States. U.S. Fish and Wildlife Service; East Lansing, Minnesota. Available from: http: / /www.fws. gov /midwest/ endangered / pipingplover /pdf /CCSpipiNoApp20l 2.p df. U.S. Fish and Wildlife Service (Service). 2013. Programmatic piping plover biological opinion to the U.S. Army Corps of Engineers (Service Consultation Code 04EF1000- 2013 -F- 0124) for shore protection activities in the geographical region of the north and south Florida Ecological Services Field Offices (May 22, 2013). Jacksonville and Vero Beach Field Offices, Florida. U.S. Fish and Wildlife Service (Service). 2015. Revised statewide programmatic biological opinion to the U.S. Army Corps of Engineers (FWS Log No. 41910 - 2011 -F -0170) for shore protection activities along the coast of Florida (February 27, 2015). Jacksonville, Panama City, and Vero Beach Field Offices, Florida. 17 March 28, 2016 New Business 7 -h 158 of 177 Or A �j 'a 'fin .^. d � x• �'v1,J- '� �'„ - .a' "i s LOCASOh_I±to 5:0, Ale Aul 5 e M-6 3 a Z,4''E 3 NI TZ On g i4 r a S z iX s :A, �Q1 yr •�'y+y� b .fir "J ' RZF pnq f r i 2 Figure 1. Location of the dredging template and sand fill template, Clam Pass, Collier County, Florida. March 28, 2016 New Business 7 -h 159 of 177 Figure 2. Proposed dredging template and elevations in Clam Pass, Collier County, Florida. 19 March 28, 2016 New Business 7 -h 160 of 177 ATTACHMENT E March 28, 2016 New Business 7 -h 161 of 177 STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed /No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on -site project personnel are responsible for observing water - related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1- 888 -404 -3922. Collision and /or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904 - 731 -3336) for north Florida or Vero Beach (1- 772 - 562 -3909) for south Florida, and to FWC at ImperiledSpecies(a)mVFWC.com Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8'/2" by 11" explaining the requirements for "Idle Speed /No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water - related activities. These signs can be viewed at MyFWC.com /manatee. Questions concerning these signs can be sent to the email address listed above. March 28, 2016 New Business 7 -h 162 of 177 W MIMMUMS CO � o a Q a � � O mr 3 N (1)� Z o N UJ o o y M Fm =*— ., -E Z 0 L 'o W •— a� LL W TIM - .. a _ •' 00 a� 00 z 00 0 W � � � SMIMMOM Ca March 28, 2016 New Business 7 -h 163 of 177 ATTACHMENT F SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water - related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake /idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50 -ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727 -824- 5312) and the local authorized sea turtle stranding /rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006 O: \fonns \Sea Turtle and Smalltooth Sawfish Construction Conditions.doc s � March 28, 2016 *"T orb !'' New Business 7 -h UNITED STATES DEPARTMENT Q%IgP VIERCE x x National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water - related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake /idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50 -ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727 -824- 5312) and the local authorized sea turtle stranding /rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. 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"A313 I I zo z x ZW V 7N m m O Vlp 0 <J z3 aU U p Z= 007 7 W M M Z rMn�mv 0 < 0_ O O N r J VI O W U K I-m a 7 0 o O U Z O T wcc 3 J_ il I o R8U J= ® ` W � L 3NIl NOUVIA03A H W U LL Z W N Y M O N C Y G M O o m n OAVN 'Jd "A313 I I O U. _ 5 Z O � M O ZZ NZ J z-0 00 W OF HU 0 LL mw`Z 0z = o zoo W O N N U N K 7 m W ♦ r W O N Q m 0 C i O a W W 7 <w; Or ,0 3 Z 7 w Z ZO w SOOQ VI ON <QO O W O U U Z V W7 h p wwN OAVN "A313 < H =:o 0 25 Z ON w Z < wMwm w' Xn Z w M004 0 O < W W O p Q m < m O r m 0 Z w F 0w� U W W J y Z W 4 W - Z K W - Z � W VI<QO Z p 00 Z 0 O N S K Q M N < mazz V Z O Q p Q J OC W LLO W< 0 0 Z .-NM♦ � W 8`a'i3 r J J N� N LL Q Ol N r � W W Q a 'U g a j}j rrnin� g 2 J a F � � LL Q � W a O O U) O Y OG k a � 5 r FbFavfd� z�i�- > >> � � m m 000g _ � �Vpi00 �Q N N N Q � J J r O � W 2 W Q �� � � W ZT {WC� O O O March 28, 2016 New Business 7 -i 1 of 8 EXECUTIVE SUMMARY Recommendation to approve change order #1 to McGee & Associates for safety improvements to the sidewalk/pathway connecting the Collier County parking lot at the end of Seagate Drive to the North Gulf Shore Boulevard beach access for $5,140 and make a finding that this expenditure promotes tourism. OBJECTIVE: To acquire professional landscaping services for community requested safety improvements to the sidewalk/pathway connecting the Collier County parking lot at west end of Seagate Drive to the North Gulf Shore Boulevard beach access. CONSIDERATIONS: On November 23, 2015, the Tourist Development Council approved three (3) Work Orders for landscape enhancement at three (3) locations: North Gulf Shore Boulevard Beach Access, South Marco Beach Access Parking Lot, and South Marco Beach Access Boardwalk and Landscape to McGee & Associates, utilizing a Board approved contract 12 -5892 — "Fixed Term Landscape Architectural Services." The County has received a number of public requests for safety improvements to the sidewalk/pathway connecting the North Gulf Shore Boulevard Beach Access to the Collier County parking lot located at the west end of Seagate Drive. The issue is that the narrow, 4.75 foot, sidewalk/pathway that is highly utilized by visitor's result in conflicts between walkers and bikers sharing the much used connection. Community input was obtained from dialogue with the City of Naples, Naples Cay, and Seagate Home Owners' Association (HOA). There is general agreement that widening and making improvements, along with adding bollards will resolve the conflict and improve public safety. The improvements will provide more capacity, encourage more bikers and walkers to use the access point to the beach and provide additional width for the sidewalk. Widening the sidewalk from 4.75 feet to 13 feet will closely match the existing 10 foot wide walkway to the beach and will create a uniform width of walkway from the County parking lot to beach. The landscape architect, McGee & Associates, provided a proposal to modify the sidewalk/pathway by adding two (2) directional colored lanes for the bikers and a separate 5' lane for walkers along with other minor improvements. The Parks and Recreation staff reviewed the proposal and recommends proceeding with this change order. This Change Order #1 is submitted for approval. FISCAL IMPACT: Funding in the amount of $5,140 is budgeted from the Parks and Recreation Beach Park Facilities Capital Fund 183 (TDC Beach Parking Facilities), Project No. 80335 — North Gulf Shore Access. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated 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 Tourist Development Council approve change order #1 to McGee & Associates for safety improvements to the sidewalk/pathway connecting the Collier County parking lot at the end of Seagate Drive to the North Gulf Shore Boulevard beach access for $5,140 and make a finding that this expenditure promotes tourism. Prepared by: Vicky Ahmad, Project Manager, Facilities Management Division Attachments: 1. Change Order #1 March 28, 2016 New Business 7 -i 2of8 2. Proposal 3. Concept Plan March 28, 2016 New Business 7 -i 3 of 8 Landscape Architecture February 4, 2016 Ms. Vicky Ahmad, Project Manager Collier County Administrative Services Division Facilities Management Department 3335 Tamiami trail East, Suite 101 Naples, Florida 34112 Subject: Proposal of Landscape Architectural Services for Modifications to Hardscape Improvements to Gulf Shore Blvd. North to Sea -gate Dr. Beach Access Walkway per Contract No. 12 -5892, (M &A 2016 -003P) Dear Ms. Ahmad: As requested McGee & Associates is providing the following proposal for your review and approval. McGee & Associates (M & A) agrees to provide services for the landscape, hardscape and irrigation renovation design and contract administration as generally described in the following "Scope of Services" for the above listed project. Scope of Services Task 1.1 - Planning Review County's existing landscape and irrigation "Record Drawings" for preparation of proposed plans. Perform site review to verify locations of existing materials and irrigation system. 1.1.1 Site Observation 1.1.2 Review existing plans and provide field confirmation of existing conditions 1.1.3 Research & Review of existing permit documents 1.1.4 Base plan development - Update base plan for project areas Task 2.1 - Final Hardscape Design Prepare hardscape renovation plans per applicable Collier County Right of Way Ordinance and Land Development Code requirements and per requested program elements. 2.1.1 Meetings & Correspondence: Attend necessary staff and /or project on -site meetings for the project design development and provide required written correspondence, verbal communications or presentations for the project development. 2.1.2 Concept & Design Development: To minimally include items or services as follows: a. Alternate concept layouts for presentation purposes. b. Materials Tabulation of Quantities, bid schedule containing, quantities, sizes & specifications. C. Hardscape paving installation details and notes as identified or as applicable. d. Site features details and specifications. 2.1.3 Construction Drawings: Prepare plans to County approved bidding and installation construction drawings and specifications for exhibits or attachments to the final Contract Documents. 2.1.3 Opinion of Costs: Develop opinion of costs related to the approved final drawings. Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East / P. O. Box 8052 Naples, Florida 34101 Phone (239) 417 -0707 * Fax (239) 417 -0708 LC 098 * FL 1023A Page Two — 2/4/2016 Renovation N GulfShore Bch Access Walkway Proposal # 2016 -003P March 28, 2016 New Business 7 -i 4of8 Schedule of Work Design services will be completed within 30 days from the date of the Notice to Proceed. Contract Administration services to be determined based upon bidding and construction dates. Compensation Task 1.1 $ 1,385.00 Task 2.1 $ 3.755.00 Total Fee: $ 5,140.00 Melwd Michael A. McGee, r.l.a. President, McGee & Associates. LCC000098 March 28, 2016 New Business &i sof a \ \ \ / { § k 5 BMaam °®®0 E z 2a - �;m� �. k /� (2m§ k6.. .,. .i k §j\ -j ) e aaa8m aaaam#m ( 'Ft ) E2 }lm° " g / - .j)\ _. ®§k# : zU \ - U �U u �/ ) �6 X25 U` §e= e) d)�04 \ Q < a @% # #m Fk3C �§ �z0 O#G ° ;Zg »)_ „ - ; a$I LL � a- » ■§ o §/% �)2 aaa8§ 8889 # ## w/ �f { s 2 r( D� { }Lu ESL) CO a) J/ $3! §»: ff �- ?U z/ }\ L) \ k }\f - K » ■ ! �e §� = =�/ �P �? ) i\�kkk\�)({§ w■ z o� )} ® §& « # ®Ge LU j� °2 § %2 90Z .0 202T LU LLJ 00 0z \ \ \\ \% \T ! a S § , � ;,,,E \ \ \ / { § k 5 �,, mm :•,..o -.,. m�zl .�.d G. 1d30NO9 - NV-1.1 3115 v........ 1.�aaa � VOIJO-1d .l1NfI0O b017707 HOV30 e HINON CINVA"VI09 aNOHGd'V9 A 0- NOSAAIQ NOI1VaNVJ i GA'dVd V 9 0 NO Q 13 0 b31'1J a .�N 5 . • ..DAI m N0655M3d KULPA 3Nl 1110W1M OEfI 50 17115 WD Q3XXMd3V W D)d0D 35 AM SWMVUD Fill M 1 d M 73Ttl1fl0 3. 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LL �� . o N ¢ a¢ >0 VW aw ¢(D m3 a tz z r> LL �tl w F z HJ UH ow `1 U3ln �a wg Q'o o oa omit was wa wZ Uw Uri U¢w U w a $'� z Z w w z �¢ tn9 LU O o wZ w9 wu'IQ U) w mm V1ja I L L J ~¢ ¢ ¢ ¢ m a d a w w a H w J 09 ?¢ ?3 an, as 0-2a �� N lU Z I 5g 3 Y i I Y Y Q mm� a v in ° 0 l t ug 0 o ¢ O co z C3 ( ¢ .z w Y O zz w zex3 O W Fi�xS Z Lu /'// ° s / / y / Ire e gigg � I;I I I I I � I�I p l t ug mf I a �;Iz� I Q I \ o \ ass W WLdW III_ l U) U Q U MW W Q U) U 00 W U 0 J _Z Y a//'Q_ E / go \ o \ ass W E w U r 11 N W� \ v10� w \ Y z C 00 <� \\dUw �zw \\ 0 m U U) U Q U MW W Q U) U 00 W U 0 J _Z Y a//'Q_ E / 6lP 0pFY`'� a\/ wn' �l /tea W O Q \ o \ ass W \ g W� \ v10� w \ Y z <� \\dUw U) U Q U MW W Q U) U 00 W U 0 J _Z Y a//'Q_ March 28, 2016 New Business 7 -i 7of8 �Coumty Procurement Services Change Order Form ❑ Contract Modification Work Order Modification ❑ Amendment Contract #: 12 -5892 Change #: Purchase Order #: 4500164682 Project #: 80335 Contractor /Firm Name: MC Gee & Associates ( Conti-act/Project 12.5892! 80335 Wat(.v��4 Project Manager Name: Vicky Ahmad Division Name: I Facilities Management Original Contract/Work Order Amount $ 3,730.00 N/A Original BCC Approval Date; Agenda Item # Current BCC Approved Amount N/A NIA Last BCC Approval Date; Agenda Item # Current ContractiWork Order Amount $ 3,730.00 9110/2016 SAP Contract Expiration Date (Master) Dollar Amount of this Change S 5.140.00 137.80% Total Change from Original Amount Revised Contract/Work Order Total $ 8 870.00 #VALUE! Change from Current BCC Approved Amount Cumulative Changes I $ 5,140.0011 137.80% Change from Current Amount -_ Completion Date, Description of the Task(s) Change, and Rationale for the Change —- l Notice to Proceed 12/1 /2015 Original 1216116 Last Approved 11/23/15 Revised Date 2/22/16 Date Completion Date Date (Includes this change) # of Days Added Select Tasks 0 Add new task(s) ❑ Delete task(s) ❑ Change task(s) (3 Other (see below) Provide a response to the following: 1.) detailed and specific explanationlrationale of the requested change(s) to the tasks) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. 1. Contract 12 -5892 — Fixed Term landscape Architectural Services with Mcgee & Associates initial scope of work was to prepare the professional landscape architectural services to enhance the landscaping for the Gulf Shore Blvd. North to Seagate Drive beach access walkway. Public input into the project revealed a need to address the conflict between walkers and bikers safety in the area connecting the Collier County parking lot located at the west end of Seagate Drive to the west end of Gulf Shore Drive North cul-de -sac. This change order will provide design plans to address the safety concerns and improve the narrow 4.75 feet existing shared sidewalk/ pathway for bikers and walkers going to the beach. 2. The original scope of work was for landscape enhancement at Gulf Shore Boulevard North to the Seagate Drive beach access walkway; this change order is the result of public input received by staff during the design of landscaping. 3. If this change is not processed. walkers and bikers will continue to use the same narrow width of sidewalk/ pathway that exist. The safety improvements of the project will not be realized. Prepared by: _Vicky Ahmad, Facilities Management Di (Project Manager Name and Division) Date: Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract I work order indicated above, as fully as if the some were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: _ Mike McGee, McGee & Associates Date: 1 Co Itant / sign Prooffessue //gnat as me o irm, if project applicable) / Approved by: _Rhonda Cummings 1 �i "� / Date (Procurement Profes ion I) (Divisions who may require addkional signatures may include on separate sheet.) Revised: 1012812014 March 28, 2016 New Business 7 -i 8of8 IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, have executed this Amendment on the date(s) indicated below. Dwight E. Brock, Clerk BY: Contractor's First Witness: By: Signature Print Name Contractor's Second Witness: By: Signature Print Name Approved as to Form and Legality: Assistant County Attorney Accepted: , 20_ OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman CONTRACTOR: name of company By: Signature Print Name and Title March 28, 2016 New Business 7 -j 1 of 7 EXECUTIVE SUMMARY Obtain a recommendation for approval of the 2016 Collier County Beach Renourishment Plan and make a finding that this item promotes Tourism. OBJECTIVE: Obtain a recommendation for approval and concurrence to proceed with the 2016 Collier County Beach Renourishment Plan, which includes a five (5) year sand supply solicitation, a Request for Proposal (RFP) for engineering services to obtain a Florida Department of Environmental Protection (FDEP) Notice to Proceed (NTP) and concurrence of expected timing, costs and permit restrictions. CONSIDERATIONS: The 2016 Collier County Beach Renourishment Plan has been developed by staff and includes: 1. 2016 Beach Renourishment - The physical beach surveys conducted in January /February 2016 indicated that the Vanderbilt Beach, the Park Shore Beach and parts of the Pelican Bay Beach need renourishment in 2016. The beach width measurements and three years of advanced renourishment placement was included in the calculations and indicate that Vanderbilt Beach (R22 -R30) will require approximately 30,000 CY's (cubic yards) of renourishment; Park Shore Beach (R44 -R53) will require 25,000 CY's to 30,000 CY's of renourishment; and the Pelican Bay Beach will require approximately 34,000 CY's of renourishment. No renourishment is recommended for the Naples Beach (R58- R79). The area south of Doctors Pass will be renourished when Doctors Pass is dredged when the installation of the Erosion Control Structures is complete. These quantities have been confirmed by an independent Peer Review consultation. Preliminary discussions with the Beach Committee Chairman of the for the Pelican Bay Services Division indicated that a more realistic renourishment quantity that the Services Division is willing to compensate the County for would be approximately 7,500 CY's to 10,000 CY's. No sand will be placed on the Pelican Bay Beaches without an executed Memorandum of Understanding (MOU) outlining the terms and conditions of the Pelican Bay beach renourishment. Based on this analysis, staff is recommending that the County proceed for planning purposes with a project to be built after November 1, 2016 using truck haul construction and either off road vehicle transport on the beach or sand fluidization and pipeline transport. The sand fluidization and pipeline transport placement approach is being considered to enhance public safety and will be bid as an option. Stated quantities will be used for planning and bidding purposes and will be adjusted prior to construction during the pre - construction survey that the contractor performs. March 28, 2016 New Business 7 -j 2 of 7 Cost to complete this work with engineering, sand supply, transport, beach placement, Construction Engineering Inspection (CEI) and certification is expected to be $3M to $4.5M after reimbursement of the Pelican Bay renourishments costs. 2. Five (5) year Sand Supply Contract and engineering support — Staff is recommending that the County bid a 5 year sand supply contract for supply of approximately 50,000 CY's per year for a total placement over a 5 year period of 250,000 CY's. The supply contract will be awarded based on "At- Beach" pricing utilizing a mine price per ton plus a specified transportation price of $.20 per ton per one way haul miles. This will assure that Collier County receives the best overall price of sand delivered to our site. The average grain size will also be increased to Amm from .33mm to utilize more commercially available sand that still meets the requirements of our FDEP permit. A larger grain size will also hold a steeper angle of repose and better withstand erosion. An engineering Work Order (WO) not to exceed $12,000 will be required to develop the specifications, Quality Assurance Plan and bid package to complete this work. Proceeding with the engineering to develop the sand supply contract is critical to completion of this task and recommended by staff. 3. Engineering Services — The renourishment of beaches in this plan will result in construction costs in excess of $2M and require a RFP solicitation for engineering support. Staff will proceed with the development of an engineering services package to include design, specifications, construction drawings, procurement support, a Notice -to- Proceed, and project certification. Consultant selection will be based on qualifications however the estimated cost for this work is not expected to exceed $130,000 and be reimbursable on a time and material basis. This cost is included in the $3M to $4.5M. This solicitation will be consistent with previous truck haul beach renourishment projects that the County has performed in the past. 4. Snden Park Lake renourishment — The Sugden Park lake shoreline will be renourished with 10,000 CY of beach quality sand in the sailboat launch area, the main park beach and the water ski beach/stands area. Restoration of inland lakes may be funded with tourist development tax funds with a finding that the project promotes tourism. This project is part of the beach renourishment program and will be funded using Fund 195. To fund this project with Fund 183 funds would be inconsistent with the definition of beach park facilities and it has been defined by the County based on historical expenditures. Sugden Park is an inland lake and not a beach park as traditionally defined. Expected cost to be approximately $400,000. 5. Permit Restrictions — Both the United State Army Corps of Engineers (USACE) and the FDEP permit restrict sand trucking activities on Corkscrew Road to daylight hours due to Fish and Wildlife Service (FWS) concerns of interference with Florida Panther foraging activities in the twilight hours. This may possibly restrict the number of truck trips a trucker can complete per day and increase costs. This will depend on the mine selected to provide sand and approved truck routes specified by the County. March 28, 2016 New Business 7 -j 3 of 7 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. FISCAL IMPACT: The Overall 2016 beach renourishment program as outlined will cost between $3M to $4.5M including Engineering and CEI services. The sand supply contract including the engineering to develop the RFP package will cost approximately $750,000 per year for 5 years. The cost of the Pelican Bay beach renourishment is not included in the $3M to $4.5M specified costs and will be reimbursed by The Pelican Bay community. The renourishment of Sugden Park lake shoreline will be approximately $400,000, is not included in the Renourishment estimate of $3M to $4.5M and will be paid via Fund 195. ADVISORY COMMITTEE RECOMMENDATIONS: At the March 10, 2016 Coastal Advisory Committee meeting this item was unanimously recommended for approval by a 7 to 0 vote. LEGAL CONSIDERATIONS: This item has been reviewed and approved as to form and legality. As discussed above, the "restoration of an inland lake to which there is public access as these uses relate to the physical preservation of the inland lake" is an authorized expenditure of tourist development funds. Based on the County's Ordinance No. 92 -60, as amended and Funding Policy Resolution No. 13 -81, this project is eligible for funding using Fund 195 and not Fund 183 beach park facilities. Using Fund 183 would be an inconsistent expansion of the definition of beach park facilities based on the County's historical expenditure. This item requires a finding that the expenditure promotes tourism and majority vote for approval. — CMG RECOMMENDATION: Recommend approval of the 2016 Beach Renourishment Plan and make a. finding that this item promotes tourism. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department Attachments: 1) 2016 Beach Renourishment Sand Analysis March 28, 2016 New Business 7 -j 4of7 COLLIER COUNTY BEACH NOURISHMENT PROJECT METHODOLOGY DEP PERMIT 0222355- 001-JC Mod (012 -JN) USACOE Permit SAJ- 2003 -12405 Mod (MOD -KS) COLLIER COUNTY PREPARED BY HUMISTON & MOORE ENGINEERS FEBRUARY 2016 This report by Humiston & Moore Engineers (H &M) presents the analysis of a monitoring survey, conducted in January of 2016 used to estimate the immediate future sand renourishment requirements based on the design beach width standard established prior to the 2005/2006 project. This monitoring survey was conducted by Sea Diversified Inc. (SDI) between January 11th and January 26th 2016 subsequent to the December 2013 and 2014 truck haul renourishment projects for the Collier County Beach Nourishment Project. Vanderbilt and Pelican Bay beaches were surveyed prior to a storm impacting the area on the weekend of January 16th and 17th while the beaches south of Clam Pass were surveyed after the storm. In order to document the impact on Vanderbilt and Pelican Bay beaches, a wading depth survey was conducted on February 13, 2016. Project limits for this report were based on the monument range information provided in second and third columns of Table 1 derived from the 2005/2006 nourishment project fill template. Table 1. Project Monument Range — Design Standard Project North Limit South Limit Design Area of Project of Project Standard Beach (Monument) (Monument) (Ft) Vanderbilt R -22 R -30.5 100 Pelican Bay R -30.5 R -37 100 Park Shore R -48.5 R -54 85 Naples R -58A R -79 100 A Design Standard beach width and a corresponding fixed baseline were established prior to the 2006 project. The Design Standard for the beach width from the baseline is shown in the last column of Table 1. The baseline was set at the seawall, edge of vegetation, building line or equivalent, at each monument. The beach width was determined by the distance from the baseline to the mean high water elevation of +0.33 NAVD ( +1.61 NGVD) at each DEP reference monument. March 28, 2016 New Business 7 -j 5 of 7 Projected erosion rates (shown as a negative number by convention) represent the amount of sand needed in addition to the design beach width to offset the background erosion anticipated in the respective project area to account for the time period between renourishment events in order to maintain a beach width equal to or greater than the Design Standard. These estimates shown in Table 2 for one and three years were provided by CB &I; the three year rate is used in this analysis. Table 2. Projected Erosion Rates *Annual *3 -Year Project Reach Erosion Erosion (CY/Yr) (C Y13 Yrs) Vanderbilt (R -22 +300 to R -30.5) -9,702 - 29,106 Pelican Bay (R -30.5 to R -37) -3,331 -9,993 Park Shore (R -43 +650 to R -54 +400) - 11,138 - 33,414 Naples (R -58A to R -79) - 27,069 - 81,207 *Rates provided by CB1 The sandy beach width from the baseline to the mean high water line was compared to the Design Standard for each project area to determine the advance volume remaining at each monument. This volume was calculated using the hatched area as shown in Figure 1 for beach profiles having widths greater than the Design Standard, and the effective distance or the distance between the monuments. This volume was deducted from the 3 -year erosion projection to determine the amount of sand needed to offset the projected erosion rate for a 3 -year renourishment interval. In cases where the existing profile is landward of the design width at the mean high water line then this amount would be needed in addition to the three year projection. Figure 1. Typical Profile — Available Advance Volume z k La W W TYPICAL PROFILE (R -23 SHOWN FOR REFERENCE) EACH W10T ® AVAILABLE VOLUME OF SAND SEAWARD OF THE DESIGN BEACH WIDTH BETWEEN +4.0 NAVO (BERM ELEVATION) AND THE NEARSHORE PROFILE CLOSURE. 5 4.0' NAVD BERM ELEV. 112016 PROFILE SHIFTED TO THE DESIGN WIDTH AT THE MHWL _____________ 0 r 1/2016 PROFILE 0.33' NA VD (MHW) -5 -10 -15 ! ! NEARSHORE PROFILE CLOSURE ! Q! W� 3! m� o� 200 400 DISTANCE SEAWARD OF MONUMENT (FT.) 2 March 28, 2016 New Business 7 -j 6of7 Vanderbilt and Pelican Bay beaches were originally surveyed prior to a storm impacting the area on the weekend of January 9 and 10, 2016. A wading depth survey was conducted on February 13 at monuments R -23, R -24, R -26, R -30, R -32, R -34, and R -36 in order to document the nearshore changes as a consequence of the storm activity. The beach profiles for this survey follow a typical pattern showing upland loss as the profile slope decreased near the shoreline and there is indication the nearshore bar was impacted as shown in Figure 3. These upland losses were estimated (Column 10 of Table 3), added to the projected volumes calculated from the advance volume analysis depicted in Figure 2 to update the projected sand requirements for 2016 shown in Table 3. Figure 3. Typical Wading Depth Beach Profile - February 2016 2 LQ w z W h ib SURVEY LEGEND 2016 -01 MONITORING SDI 2016 -02 MONITORING SDI (WADING - DEPTH) UPLAND VOLUME LOSS IMPACT TO NEARSHORE BAR _-______________ 0.33'NAV2 HW) ti Q 3 2 V W D 200 400 DISTANCE SEAWARD OF MONUMENT (FT.) Table 3 shows the project area(s) shaded in light gray and the reaches with sand losses in excess of the projected 3 -year erosion rate are shaded dark gray. The results of the advance volume analysis described in Figure 2 are shown in Table 3: Column 9, and the results of the upland loss analysis described in Figure 3 are shown in Table 3: Column 10. Columns 11, 12 and 13 show the resultant sand losses by monument, the losses totaled by reach, and the projected beach width at each monument if the losses were to be replenished. hAnr h 7S2 001P Table 3: Projected Sand Requirements T p @ o �� o O U D ^ J Z Q y W co .. Column # 4 5 6 7 8 9 10 11 12 13 m -Fill Weighted 112016 Width ­2016 Net Upland Total Project Projected CL FDEP Effective 3 Year Beach less Advance Advance Volume Volume Volume Beach M Mon. Distance Erosion Width Des. Std. Volume Volume Loss -Feb. Req'd Req'd Width (Feet) (CY13 Yrs) (Feet) (Feet) (C Y) (C)9 (Cr (C Y) (Cl) (Ft) R -22 145 -506 105 5 173 !333 -182 -514 120 R -23 1,013 -3.533 107 7 2,037 -1,496 -1,268 -2,764 116 = m R -24 1,070 -3.732 112 12 3,210 -522 -1.427 -1,948 119 m c o R -25 1,033 -3,603 98 -2 -693 -4,296 -2,053 -6,349 116 ^ R -26 989 -3.449 117 17 5,058 1,609 -2.611 -1,002 - 30,577 120 a m R -27 1.095 -3,817 98 -2 -584 -4,401 -2,795 -7,196 123 R -28 1.026 -3,577 108 8 2,203 -1,374 -2,530 -3,904 122 } R -29 942 -3.286 109 9 2,289 -997 -2,781 -3,778 124 R -30 1,033 -3,603 113 13 4,033 430 -3.550 -3,121 123 R -31 1.022 -1.676 123 23 6.964 5,289 - 3,584 1.704 R -32 1.012 -1.659 119 19 5,869 4.210 -3.621 589 2.294 m r R -33 1.022 -1,676 102 2 734 -942 -3.727 -4,669 115 m cy R -34 1,012 -1,659 94 -6 -1,911 -3.571 -3.759 -7,329 117 ° R -35 998 -1,637 83 -17 -5,186 -6,823 -3,950 - 10,773 - 33,921 118 m `-' R -36 764 -1153 81 -19 -4,355 -5,607 -3,209 -8,816 119 CL R -37 264 -434 91 -9 -790 -1,224 -1,11© -2,334 118 R -38 102 Notes: R -39 107 `Provided by CBI a Q R -40 115 "Based on the 200512006 Fill Template Z R -41 146 "'Based on the available volume seaward of the design beach width U R -42 53 between +4 NA VD (2013 berm elevation) and the nearshore profile R -43 47 closure. R -44 438 -1,373 70 -15 -2,842 -4,215 -4.215 92 R-45 1,078 -3,379 84 -2 -571 -3,950 -3,950 - 12,514 94 R46 1,040 -3,262 82- -3 -1,087 -4,348 0 -4,348 95 CO R-47 953 -2,989 104 19 4.505 1,516 N 1.516 m v R -48 1,000 -3,136 96 11 3.567 431 431 1,948 M R -49 1,077 -3,376 90 5 1,910 1,466 m -1,466 -1,466 93 m M T -50 1,208 -3.787 115 30 12,884 9,097 9,097 R -51 1,108 -3.473 97 12 4,197 724 724 9,821 o R -52 967 - 3,032 86 1 244 -21788 -2.788 96 R -53 1,060 -3,322 96 11 2,982 -340 -340 -3,128 97 T -54 729 -2.286 114 29 6,610 4,324 4,324 4,324 U -55 121 zR -56 153 N"ofDoctors Pass T -57 167 R -58A 517 " -2,248 40 -60 - 11,353 "- 13,611 __.. R -58 790 -3,433 103 3 813 -2.620 -2.620 111 R -59 1,033 -4,491 115 15 3,827 -664 -664 8,701 118- R -60 1,081 -4,700 98 -2 -717 -5.417 -5.417 116 ' R -61 1.049 -4.559 138 38 11,463 6.904 6.904 6,904 T -62 1,015 -4,410 102 2 819 -3,591 -3.591 113 R -63 967 -4,204 113 13 4,292 88 88 -9,649 113 R -64 854 -3,713 91 -9 -2,433 -6,146 -6.146 113 T -65 804 -3,495 112 12 3,860 365 365 R -66 813 -3,533 127 27 9,291 5,758 0 5,758 ^o R -67 805 -3,497 171 71 21,627 18,129 18,129 m y " � R -68 810 -3,521 166 66 22,867 19,346 19,346 ro Q CO T -69 805 -3,498 137 37 12,457 8,960 2 8,960 z R -70 800 -3,479 133 33 10,824 7,345 7,345 142,063 R -71 803 -3,491 139 39 13,933 10,442 a 10,442 R -72 808 -3,510 170 70 25,349 21,838 21,838 R -73 814 -3,537 178 78 27,381 23,844 23,844 R -74 803 -3,490 187 87 29,526 26,037 26,037 R -75 795 -3,456 115 15 2,118 -1,339 -1.339 124 R -76 799 -3,475 111 11 2,268 -1,207 -1,207 -2,545 116 R -77 782 -3,399 119 19 4,099 699 699 699 R -78 659 -2,866 101 1 188 -2,678 -2.678 114 R -79 276 -1,202 89 -11 -1,040 -2,242 -2,242 _4920 , 112 Pagc 4 Grand Total: - 107,420 March 28, 2016 New Business 7 -k 1 of 99 EXECUTIVE SUMMARY Recommendation to accept Bid No. 16 -6601 Collier Creek Interim Dredging from Waterfront Property Services, LLC dba Gator Dredging dated 2/18/2016 for a bid price of a $708,000; authorize anticipated mobilization savings of $120,000 to be split equally between Collier County and the Hideaway Beach District through utilization of the same contractor; authorize the Chairman to execute a contract to perform this work; authorize necessary budget amendment; and make a finding that this item promotes tourism. Project No. 195- 90064. OBJECTIVE: To authorize approved of Bid No. 16 -6601 Collier Creek Interim Dredging from Waterfront Property Services, LLC dba Gator Dredging dated 2/18/2016 for a bid price of a $708,000; share mobilization savings of 120,000 once both contracts have been executed; authorize the execution of this contract and make a finding that this item promotes tourism. CONSIDERATIONS: The Feasibility Study to identify the current issues and potential solutions at the Collier Creek entrance was completed by Coastal Planning and Engineering /CBI in February 2015. Capri Pass meets the Marco River on the north side of Marco Island in Collier County, Florida and is flanked to the east by the Ville de Marco West condominium (VDMW) and to the west by a terminal jetty on Marco Point, the eastern end of Hideaway Beach. This creek is used by local boaters and visitors to access Collier Bay, residences and the Esplanade Shoppes on Smokehouse Bay. Residents of Marco Island have raised concerns to Collier County about the safety of boaters navigating through Collier Creek's entrance and the amount of scouring that is occurring at the VDMW seawall and docks. As sand migrates east from Hideaway beach, it is overtopping the terminal jetty and infilling the already narrowing entrance to Collier Creek. Collier Creek meets the Marco River at a right angle and strong currents from the River are creating turbulence along the eastern side of the Creek entrance at VDMW. As a result of this feasibility Study, the Board of County Commissioners authorized the development of a Master Plan for Collier Creek with the first step to stabilize the inlet. This interim dredging will address these safety concerns for a sufficient period of time to allow the proper investigation and modeling to occur to assure the proper long term solution. This interim dredging of Collier Creek was solicited by Collier County purchasing and only Waterfront Property Services, LLC dba Gator Dredging submitted a proposal. Bidders indicated that the dredging market for this type of work is saturated. Bidders also indicated that long distance pumping required to fulfill permit conditions prevented bidding from several contractors. March 28, 2016 New Business 7 -k 2 of 99 The estimated cost for this project was $450,000. However, Staff working in conjunction with The Hideaway Beach Taxing District has been able to coordinate schedules and minimize mobilization costs by utilizing the same contractor to dredge both projects. Sequencing the dredging of both projects will save $120,000 in mobilization costs that will be split evenly between both projects. Assuming Hideaway Beach Taxing District executes a contract with Waterfront Property Services, LLC dba Gator Dredging, Collier County's price to dredge Collier Creek will be $648,000. Safety concerns expressed by Marco Island of the condition of Collier Creek and competitive market conditions not expected to abate in the near future necessitate staff to recommend award of this contract to Waterfront Property Services, LLC dba Gator Dredging at this time. There is a history of utilizing Tourist Development Tax (TDC) funds to maintain this inlet. This inlet was dredged in 2001 and 2012 and a terminal jetty was installed in 2005 using TDC funds. Dredged sand will be pumped and placed in the Caxambas Pass /Collier Creek borrow area and not on Hideaway Beach. Thirty percent (30 %) to forty percent (40 %) of the Marco Island boat traffic use this inlet to access the Gulf and public marina at Smokehouse Bay. Construction on this project will begin on 6/15/2016 and take 35 days to complete. Liquidated damages of $2,500 per day will be assessed it construction is not completed in this timeframe. FISCAL IMPACT: Funds in the amount of $450,000, was budgeted in TDC — Beach Renourishment Fund 195. A budget amendment will be necessary to move additional funds in the amount of $258,000 from reserves into project No. 90064, Collier Creek Feasibility. Source of funds are from Tourist Development Tax. No grant funding is anticipated on this project. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the March 10, 2016 Coastal Advisory Committee meeting this item was unanimously recommended for approval by a 7 to 0 vote. LEGAL CONSIDERATIONS: Pass and inlet maintenance is an authorized expenditure pursuant to the Tourist Development Tax Ordinance No. 92 -60, as amended. This item requires a recommendation as to whether the expenditure promotes tourism. This item has been approved as to form and legality and requires majority vote for approval. — CMG RECOMMENDATION: Recommendation to accept Bid Number 16 -6601 Collier Creek Interim Dredging from Waterfront Property Services, LLC dba Gator Dredging dated 2/18/2016 for a bid price of a $708,000; authorize anticipated mobilization savings of $ 120,000 to be split equally between Collier County and the Hideaway Beach District through utilization of the same contractor; authorize the Chairman to execute a contract to perform this work; authorize necessary budget amendment; and make a finding that this expenditure promotes tourism. March 28, 2016 New Business 7 -k 3 of 99 Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Department Attachments: 1) 16 -6601 Contract 2) 16 -6601 Bid Tabulations �Yrn rn o N O O N C6 a) ',I N C L N U � (6 � N Z i O 4- m C7 O O O ^ O O O O O l0 O R* w O U L f6 G _ -O O C U tv � O O C o O O O vl U L N ? O O U U O t 4- O o O Ln UJ � l0 O O � C U L Q) C C J Y 4- Z3 -O O m N u LO ro E � N -O 7t u O -0 O .O E +, C O wwtwr�� ^ � c) 0 4- " CM � W L O CLO 'O "O "a m p in ca O O N E _6 m Q CCI CCf Cd J i Q C2 O 4- G h C bA O 4, O U 4- C N 4' v ,� C v w E ,. N L � N O }> 4' Co d > � Co �r Cou>rdy AdrriietralveSarvioes DeperMnent P�oaaAlnert Swviaes Diviion Collier Creek Interim Dredge COLLIER COUNTY BID NO. 16 -6601 COLLIER COUNTY, FLORIDA Adam Northrup, Procurement Strategist Email: adamnorthrup@ooiliergov.net Telephone: (239) 252 - 6098 FAX: (239) 252 - 6302 Design Professional: Stephen Keehn, PE CB&1 Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 PWmWftW=0WM- nV TW*VW TrW EW - NOW, 311124Y01.22�- www.aalYpov . March 28, 2016 New Business 7 -k 5 of 99 1 18 -8801 Collier Creek Interim Dredging Revised 01202018 March 28, 2016 New Business 7 -k 6 of 99 TABLE OF CONTENTS PUBLICNOTICE ........................................................................................ ............................... 3 PART B - INSTRUCTIONS TO BIDDERS .................................................. ............................... 5 CONSTRUCTION BID ................................................................................. .............................12 BIDSCHEDULE .......................................................................................... .............................13 MATERIAL MANUFACTURERS ................................................................. .............................14 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 BIDBOND ................................................................................................... .............................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 ............................................... .............................49 EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................... .............................50 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ......................... .............................83 EXHIBIT J: TECHNICAL SPECIFICATIONS .............................................. .............................84 EXHIBITK: PERMITS ................................................................................. .............................85 EXHIBIT L: STANDARD DETAILS ............................................................. .............................86 EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................87 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............88 2 18.3801 Collier Creek Interim Dredging Revised 01202018 March 28, 2016 New Business 7 -k 7 of 99 Ca per COWKW A nc PUBLIC NOTICE INVITATION TO BID Collier Creek Interim Dredging COUNTY BID NO. 16 -6601 Separate sealed bids for the construction of Collier Creek Interim Dredging, 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 3:00 P.M. LOCAL TIME, on the 212212016, 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: $470,000.00. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, at 2:30 p.m. LOCAL TIME on the 9th day of February 2016, 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, Collier Creek Interim Dredging Bid No. 16 -6601 and Bid Date of 2/22/2016 ". 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.collieroov.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 cashiers 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 16 -6601 Collier Creek Interim Dredging (Revised 01202016 March 28, 2016 New Business 7 -k 8 of 99 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 Thirty-five (35) 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 29th day of January 2015. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Director, Procurement Services Division a 18-6601 Collier Creek Interim Dredging Revised 01202016 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions March 28, 2016 New Business 7 -k 9 of 99 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, property 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 18-8601 Collier creek Interim Dredging Revised 01202016 March 28, 2016 New Business 7 -k 10 of 99 Section 3. Bid DeDoslt Reauirements 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 thing (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 fime to execute the Agreement as may be reasonably necessary. Section 4. Riaht to Relect 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. Sl anina of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duty 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. 8 16 -8801 Collier Creek Interim Dredging Revised 01202016 March 28, 2016 New Business 7 -k 11 of 99 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 faced 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 SI and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; 16 -8601 Collier Creek Interim Dredging Revised 01202016 March 28, 2016 New Business 7 -k 12 of 99 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 terns of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Reauirements 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 aftemates 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. s 1e -6801 Collier Creek Interim Dreoirp Revised 01202018 March 28, 2016 New Business 7 -k 13 of 99 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 aftemates, and the Owners 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 Owners 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 Owners then current purchasing ordinance and policies. A copy of the purchasing ordinance is available at http://www.colliemov.net/index.aspx?paae=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.oro /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 Owners policies and procedures. 9 18 -6601 Collier Creek Interim Dredging Revised 01202016 March 28, 2016 New Business 7 -k 14 of 99 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 Subcontaactoon; 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 III, 10 16 -6601 Collier Creek Interim Dredging Revised 01202016 March 28, 2016 New Business 7 -k 15 of 99 Florida Statutes, Collier County Ethics Ordinance No. 200405, 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. Section 17. Lobbyino 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 closino 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 16 -6601 Collier Creek Interim Dredging Revised 01202016 Full Name of Bidder CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier Creek Interim Dredging BID NO. 16-6601 Waterfront Property Services, LLC dba Gator Dredging March 28, 2016 New Business 7 -k 16 of 99 Main Business Address 13630 50th Way N, Clearwater, FL 33760 Place of Business 13630 50th Way N, Clearwater, FL 33760 Telephone No. 727 -527-1300 Fax No. 727 -527-1303 State Contractor's License # CGC1512360 State of Florida Certificate of Authority Document Number L05000083236 Federal Tax Identification Number 20- ,W3593 DUNS # 623544942 CCR# Cage Code 7AU07 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 16.8601 Collier Creek Interim Dredging Revised 01202016 March 28, 2016 New Business 7 -k 17 of 99 BID SCHEDULE Collier Creek Interim Dredging Bid No. 16 -6601 Item Description Unit Quantity Unit Price Total 1 Mobilization & Demobilization Lump Sum 1 $ 398,000.00 $ 398,000.00 2 Dredging and Disposal of Sand in Offshore Disposal Area Cubic Yard 12,000 $ 20.00 $ 240,000.00 3 Turbidity Monitoring Lump Sum 1 $ 15,000.00 $ 15,000.00 4 Construction Survey Lump Sum 1 $ 20,000.00 $ 20,000.00 5 Laboratory Sand Analysis Per Sample 10 $ 1,000.00 $ 10,000.00 6 Bond Lump Sum 1 $ 25,000.00 $ 25,000.00 7 Dollar Discount on Mobilization (Total discount shared with Marco Island)** Lot .5 $120,000.00 $ 60,000.00 8 Total $ 648,000.00 ** Collier Creek Interim Dredging (COLLIER COUNTY) and Near -shore Borrow Area Dredging (CITY OF MARCO ISLAND) are both being constructed in 2016 by the same vendor. Cost savings is due to a single mobilization for two projects. 13 16 -6601 Collier Creek Interim Dredging Revised 01202016 March 28, 2016 New Business 7 -k 18 of 99 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 OR 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. Company: Waterfront Property Services, LLC dbe Gator Dredging Signature: f�� a ce&AL- ' Date: Z -fB -fL JIV Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Waterfront Property Services, LLC dba Gator Dredging - Signature: Date 14 16.6601 Co1Mer Creek Interim Dredging Revised 01202016 March 28, 2016 New Business 7 -k 19 of 99 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NONRESPONSIVE 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. Major Category of Work Subcontractor and Address 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: Waterfront Property Services,, LLC dba Gator Dredging Signature: /�L� ,clLf, Date: 2 -�► -r is 16.6601 Collier Creek Interim Dredging Revised 01202016 March 28, 2016 New Business 7 -k 20 of 99 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. Proiect and Location Reference 1. Sd f- Q.ta��.b► t d 2. 3. 4. 5. 6. Company: Waterfront Property Services LLC dba Gator Dredging Signature: /r�/�! Date: 2i(a is to -riot Collier Creek Interim Dredging Revised 01202018 March 28, 2016 New Business 7 -k 21 of 99 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs 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: 1. 2. 3. 4. 5. Trench Safety Units of Unit Unit Extended Measure Measure (Quantityl cost Cost f Descriotionl LF SY TOTAL$ O Failure to complete the above may result in the Bid being declared non - responsive. Company: Waterfront Property Services, LLC dba Gator Dredging Signature: , fi mac- Date: Z 11 10 -(3801 Collier Creek Interim Dredging Revised 01202018 March 28, 2016 New Business 7 -k 22 of 99 cover cornty Admhist&M Services Department Pmmemm s mem Dr,m Immigration Law Affidavit Certlfication Solicitation: 16.6601— Collier Creek Interim Dredging 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 Collier County wlll not intentionally award County contracts to any vendor who knowingly employs unauthorized alien worker, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(s) of the Immigration and Nationality Act CINA'), 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 Waterfront Property Services, LLC dba Gator Dredging Print Name William J. Coughlin, III Title President/CEO Signature �a 641 JW Date Ool State of C) Ctd0. County of tats Th foregoing instrumer t as signed and acknowledged before me this day of ' milcu, , 20 W' Y i ► 1.I1.- (print or type name) who has produced Ly r Ape of identification and number) as identification. Notary PubliA Signature An-jM' Snft (� NOTARY PI" STATE DA � Printed Na a of Notary Public �rif FFgtlt3592 Notary Commission Nu ber /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. 18 18.8601 toAler Creek Interim Dredging Revised 01202016 March 28, 2016 New Business 7 -k 23 of 99 C County AdmSnistrarras Seivbss Dopar6►xnt Pmumm mrt Services atiisson COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 Request for Taxpayer identification Number and Certlflcation 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) (as shown on income tax return) Business Name d ren 16318Ad3630pWbh City Clearwater State Florida Zip 33760 Telephone 727 - 527 -1300 FAX 727 -527 -1303 Email bilIQgatordredging.com Order Information Remit I Payment Information Address Address City State Zip Clty Slate Zip FAX FAX Email Email 2. Company Status (check ordy one) Individual f Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company tinder Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification D = Disregarded Entil C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 30- 3403593 (VencJors 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, ! cgrtify that the information sho►wr cur this form is correct to my knowledge. ._ ; ti n '/ A Signature Date Title President Phone Number r-527-1 19 18-8001 Collier Creek Interim UredgkV Revised 01202018 March 28, 2016 New Business 7 -k 24 of 99 Upon notification that Its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or 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 Twenty Eight (28) 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 Seven (7) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State ofl�r;l ti County of William J. Coughlin, III being first duly sworn on oath deposes and says that the Bidder 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. William J. Coughlin, III also deposes and says that it has examined and carefully prepared 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 existing under the laws of the State of _ Florida _ which operates under the legal name of Waterfront Property Services, LLC dba Gator Dredging , and the full names of Its officers are as follows: President William J. Coughlin, III Secretary Philip A. Findlay Treasurer Manager 20 18.8801 Collier Creek Interim Dredging Revised 01202018 March 28, 2016 New Business 7 -k 25 of 99 The is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is , 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. DATED rA 0`16' _ 1f~ c BY: ttness )o' E\ -vim- -T Witness Welseft It Property Services, LLC dbe Getor Dredging legal entity Wiliam J. Coughlin, III Name of Bidder (Typed)��� Sign ture Ad?51 J-4-A �. Title 21 18.0601 Collier Creek Interim Dredging Revised 01202016 March 28, 2016 New Business 7 -k 26 of 99 STATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me this ja day of February , 2016 , by William J. Coughlin_ III I as President of Waterfront Property Services, LLC dbe Gator Dredging , a s corporation, on behalf of the corporation. JWshe is personally mown to me or has produced as identification and did (did not) take an oath. My Commission Expires: WA019 .1 ) (Signature Notary) AWAIL Amy M. 8x 6 ►`ARYPUBW NAME: STATE OF FLORIDA (Leg(bly Printed) Cam* FFIDINK Expires 9191T019 (AFFIX OFFICIAL SEAL) Notary Public, State of ` 1c)( Commission No.: 22 18.8801 Collier Creek Interim Dredging Revised 01202018 March 28, 2016 New Business 7 -k 27 of 99 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Waterfront Property Services, LLC dba Gator Dredging (herein after called the Principal) and Great American Insurance Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Ohio with its principal offices in the city of Cincinnati, and authorized to do business in the State of _Fiorida are held and firmly bound unto the Collier County, FL (hereinafter called the Owner), in the full and just sum of Five Percent of Amount Bid dollars ($ 5% of Amount Bid ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the 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 furnish, install, and fully complete the Work on the Project known as Collier Creek Interim Dredging Bid No. 16 -6601 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 $19 B,d. 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 10-6801 Colter Creek Interim Dredging Revised 01202018 March 28, 2016 New Business 7 -k 28 of 99 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 19th day of February , 2016 Waterfront Property Servicees,�LLC dba Gator Dredging Principal BY `i� /� sf'+�1. (Seal) Great American Insura ce mpany Surety Kevin Woitowicz (Seal) ttor y -in- act & FL Licenwd gent Countersigned NA Local Resident Producing Agent for Nielson, Woitowicz, Neu & Associates 24 10.8801 Collier Creek Interim DredgkV Revised 01202010 March 28, 2016 New Business 7 -k 29 of 99 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. S. 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 Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 11. The mailing envelope must be 12g!Rd and marked with: 16 -6601 Collier Creek Interim Dredging 0212212016; 3 :OOPM 12. The Bid will be mailed or delivered in time to be received no later than the specified ooenina 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.colliergov.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 PACKET Waterfront Property Services, LLC dba Gator Dredging z -1t?- 11" Bidder Name ) I Date /I?It�'t. William J. Coughlin, III President/CEO Signature & We 25 10.0601 Collier Creek Interim DreQing Revised 01202016 March 28, 2016 New Business 7 -k 30 of 99 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner") hereby contracts with Waterfront Property Services, LLC d/b /a Gator Dredging ( "Contractor') of 13630 5& Way N, Clearwater Florida, 33760 a Limited Liability Corporation, authorized to do business in the State of Florida, to perform all work ("Work ") in connection with Collier Creek Interim Dredging, Bid No. 16 -6601 {"Project "), as said Work is set forth in the Plans and Specifications prepared by Stephen Keehn, CB81 Coastal Planning & Engineering, Inc., 2481 NW Boca Raton Blvd., Boca Raton FL 33431, the Engineer and /or Architect of Record ( "Design Professional ") 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. Scone 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 terns of this Agreement: Six Hundred Forty Eight Thousand Dollars ($ 648,000.00). 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, 26 16 -6801 Collier Creek Interim Dredging Revised 01202016 COS*) March 28, 2016 New Business 7 -k 31 of 99 "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms-treas.00v/c570­%-570.htmNkertffled. 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 shall, within fare (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 Liquidated Damaoes 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 Twenty Eight (28) 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 Seven (7) 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, Two thousand five hundred dollars ($2,500.00) 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 27 Collier Creek interim Dredging g 06 Revised 01202016 V March 28, 2016 New Business 7 -k 32 of 99 damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. 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 writing 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 16 -6601 — Collier Creek Interim Dredging. 28 18 -8801 Collier Creek Interim Dredging Revised 01202018 9 March 28, 2016 New Business 7 -k 33 of 99 Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form 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 1: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Stephen Keehn and identified as follows: 16 -6601 — Collier Creek Attachment 1 as shown on Plan Sheets 102 through 111. Exhibit N: Contractor's List of Key Personnel 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: Clint Perryman, Protect Manager Collier County Coastal Zone Management 2800 N. Horseshoe Drive Naples, Florida 34104 Tel: 239- 252 -4245; Fax: 239 - 252 -6531 Email: Clintonuenvmanb-collieraov net 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: William J. Coughlin, III, President Waterfront Property Services, LLC d/b/a Gator Dredging 13630 No Way N Clearwater, FL 33760 Tel: 727 -527 -1300 Fax: 727 -527 -1303 Email: Bill@gatordredging.com 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: ze 16 -8601 Collier Creek Interim Dredging Revised 01202016 Sa March 28, 2016 New Business 7 -k 34 of 99 "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 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 Assians. 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, ads, 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. Chanue 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 16 -6601 Collier Creek Interim Dredging Revised 01202016 D March 28, 2016 New Business 7 -k 35 of 99 Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed 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 16 -6601 Collier Creek Interim Dredging Revised 01202016 9 March 28, 2016 New Business 7 -k 36 of 99 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: By: FIRST WITNESS CONTRACTOR: Waterfront Property Services, LLC d/b /a Gator Dredging Print Name and Title Date Print Name SECOND WITNESS Print Name Date: ATTEST: Dwight E. Brock, Clerk BY: Approved as to Form and Legality: Assistant County Attorney Print Name OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Donna Fiala Date Chairman 32 16 -6601 Collier Creek Interim Dredging Revised 01202016 / 0 7 ode. March 28, 2016 New Business 7 -k 37 of 99 EXHIBIT A 1: PUBLIC PAYMENT BOND 16- 6601 — Collier Creek Interim Dredging Bond No. Contract No. 16 -6601 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 20 , 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: 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 20 , the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. 33 16 -8801 Collier Creek Interim Dredging Revised 01202016 Signed, sealed and delivered in the presence of. Witnesses as to Principal STATE OF COUNTY OF BY: NAME: ITS: PRINCIPAL March 28, 2016 New Business 7 -k 38 of 99 The foregoing instrument was acknowledged before me this day of 20_ by as � corporation. He/she is personally known to me OR has corporation, on behalf of the identification and did (did not) take an oath. as MY Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) 34 16-Mol C0111er Creek Interim Dredging Review 01202016 CIVJ OR Witnesses STATE OF COUNTY OF March 28, 2016 New Business 7 -k 39 of 99 As Attorney in Fad (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20 , 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: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: 35 18 -6601 Collier Creek Interim Dredging Revised 01202016 Oda EXHIBIT A 2• PUBLIC PERFORMANCE BOND 16 -6601 — Collier Creek Interim Dredging KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as March 28, 2016 New Business 7 -k 40 of 99 Bond No. Contract No. 16 -6601 Surety, located at (Business Address) are held and as Obligee ibound he 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 20 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: 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 Bond. 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 lt 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. 36 16.6601 Collier Creek Interim Dredging Revised 01202016 �tl� March 28, 2016 New Business 7 -k 41 of 99 IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affuced and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal NAME: STATE OF COUNTY OF PRINCIPAL BY: ITS: 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: Name: (AFFIX OFFICIAL SEAL) (Signature) (Legibly Printed) Notary Public, State of: Commission No.: 37 18 -8801 Collier Creek Interim Dredging Revised 01202018 cca ATTEST: Witnesses as to Surety OR Witnesses STATE OF COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) As Attorney in Fad (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) March 28, 2016 New Business 7 -k 42 of 99 The foregoing instrument was acknowledged before me this 20 by day of as of ' a Surety, on behalf of Surety. He/She is personally known to me OR has produced My Co issi Expi s: as identification and who did (did not) take an oath. mmon re (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Pri nted) Notary Public, State of: Commission No.: 38 18.8801 Collier Creek Interim Dredging Revised 01202018 0�� March 28, 2016 New Business 7 -k 43 of 99 EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, cant' 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 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", 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. Coverages 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 carver 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 shalt immediately take 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 coverageW required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageW and charge the Vendor for such coverageUs purchased. If Vendor fails to reimburse the County for such costs within thirty 39 16 -8601 Collier Creek Interim Dredging RevluW 01202016 I'm March 28, 2016 New Business 7 -k 44 of 99 (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 coverageW purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(S1 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 certificates) shall be considered justification for the County to terminate any and all contracts. 40 Collier Creek Interim oredping Revised 01202016 c March 28, 2016 New Business 7 -k 45 of 99 Collier County Florida Insurance and Bonding Requi 1. 0 Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1.000.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1000.000 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. ® 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 attomeys' 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 ContractorNendor /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, OwnedtNon- ownedMired; 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 ❑ 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 41 18 -8801 Collier creek Interim Dredging Revised 01202016 Ova March 28, 2016 New Business 7 -k 46 of 99 ❑ Valuable Papers Insurance $ 1 Per Occurrence ❑ Employee Dishonesty / Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 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 Perfommnce 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 shay 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. ® Thirty (30) Days Cancellation Notice required. RLA 1/29/2018 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 Vendor Signature Print Name Insurance Agency Agent Name Wa'IC44�V ihn ' as 5e(V L L� Date 3! 1 D ! U k-TsP r bCoru Lr cJr Telephone Number 42 1e -8801 Co1Ner Creek Interim Dredging Revised 01202018 OMO March 28, 2016 New Business 7 -k 47 of 99 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 , 20 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 , 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 43 16-801 Collier Creek Interim Dredging Revised 01202016 a Whis page is intentionally left blank, March 28, 2016 New Business 7 -k 48 of 99 44 O� J #16 -6601 Collier Creek Interim Drafting Revised 01201016 March 28, 2016 New Business 7 -k 49 of 99 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT Payment, Schedule of Values and Stored Materials Record applications are available for download at: httn : / /ourchasina.coilloruov noVForms/Forms/Aliltems ssax 45 16 -8601 Collier Creek Interim Dredging Revised 01202016 Ole, March 28, 2016 New Business 7 -k 50 of 99 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: httn: //bcoso01 / SiteDirectory /ASD/Purchasina/Formsl /Forms/Default.LW cowbu*it Ck=p@ 1 1'adb r CawtradedRse� prOjestmosaw n=4 W 14oj..c0..� hajestowns: Dapabroat Qighei Catraolf Work Odor Angst *bWW OW Appronl Dab: Agerift Non A Cmert BCC AWOOdArnmat Last 8CC Appia , Do* Aprde hwnA CurertContadfWartCrdrAnwLwd WCariraO6plraUP Drd!(hirUr) Dollar Arnwitaf thb Clewpe fpNAll lbbl Charge tan Qiptel Mont IirbedCantaaYW art O'Ci r 7bW Q 121yAI COW WfianCrrrert 8CC Appratl Arnaird dsroifrwC Q00 1 form tiromC COMPM w Osb, 08=dp@aalr afMATeiQIIr� C mpk red �p Ibr the Crew Dab b C� n OeYt� Dabs III �pe M dm" eofDspAdded ldedTads N Add —bd4o aDdebbi(q ■ CN=pbmra) oONw(mon" Praridea bt#ottsllprirFl. id�e�iArr die rdsleeiroplanlior:raAoereottte bt#ebiWaadlor 9 der 1Ei is wot���weeeeai. =6 ad�teeil irrern (row tke Dude pmks Conger" ff eeedM ir+iepeti Prepared by: Dare 4M UMW Huge ad Depolmovid) Aoplpaeeaofd& Ct+ npeQiMrlomilLbewpibefonisoatret lwrkodriirdbddb adwdbesaljestbditsane rwwsarlorrrWio- woonsmredifta o waetrwatairiWboW ' sre, sA�rasi<tlasewerweeretieWesaprao The a�redwt, ifab. totMCaatra rtaMdoarriteatdad(krlsrtlrwtetr iaialiwudtbeCaraor lYarorlCoeufaR! 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Dart ApproNdbp: Dow ;.'A"ia!e'+P�O Ta;'�3!!eab!i77i t!9t'ykKai �Ar!'- ?1F`SI�QtfiO�iAeM; 40 16 -6601 Collier creek Interim Dredging Revised 01202016 O�7 EXHIBIT F• CERTIFICATE OF S IBSTANTIAL CnMpr ETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. March 28, 2016 New Business 7 -k 51 of 99 This Certificate of Substantial Completion applies to all Work following specified parts thereof: under the Contract Documents or to the To OWNER And To Substantial Completion is the state In the progress Work Of the w when the Work (or designated portion) is sufficiently complete In accordance with the Contr act 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 re PROFESSIONAL, and that Work is hereby eclared to f substantially OWNER, cole CONTRACTOR in accord AND 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 after the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in d the tentative at shall be completed or corrected by CONTRACTOR within ays liof the above date of Substantial Completion. 47 Collier Creek Interim 1" gang Revised 0112022oie a March 28, 2016 New Business 7 -k 52 of 99 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance or vvorx nuL a awvivalFw wouI V— —..- ---• Documents nor is it a release of CONTRACTOR'S 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 48 18.8801 Collier Creek Interim Dredging Revised 01202016 EXHIBIT G• FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements i Contract he Contract Documents. Original 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: 20 March 28, 2016 New Business 7 -k 53 of 99 YES NO 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. All Punch List items completed on Warranties and Guarantees assigned to Owner (attach to this form). Effective date of General one year warranty from Contractor is: 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). As -Built drawings obtained and dated: Owner personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form). Certificate of Substantial Completion issued on Final Payment Application and Affidavits received from Contractor on: Consent of Surety received on Operating Department personnel notified Project is in operating phase. All Spare Parts or Special Tools provided to Owner: Finished Floor Elevation Certificate provided to Owner. 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: (Fire Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) 49 16.6601 Collier Creek Interim Dredging Revised 01202016 O 0� March 28, 2016 New Business 7 -k 54 of 99 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: 50 16 -6601 Collier Creek Interim Dredging Revised 01202016 O O�7 March 28, 2016 New Business 7 -k 55 of 99 those affecting transportation, access, disposal, handling and storage of materials; 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, 51 18 -6601 Collier Creek Interim Dredging Revised 01202016 a March 28, 2016 New Business 7 -k 56 of 99 the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 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 elate 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 12:00 a.m. to 11:59 p.m., Monday through Sunday. 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) d the Commencement Date. Notwithstanding anything herein to the contrary, if approved y by Owner in its sole discretion, Contractor may submit its invoice for any required 52 18-8601 Collier Creek Interim Dredging Revised 01202016 a March 28, 2016 New Business 7 -k 57 of 99 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. 4.3 Contractor shall submit all Applications for Payment to Stephen Keehn, PE, CB &I Coastal Planning & Engineering, Inc., located at 2481 NW Boca Raton Blvd., Boca Raton, FL 33431. 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 liens, 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 53 10.6801 Collier Creek Interim Dredging Revised 01202016 O�7 March 28, 2016 New Business 7 -k 58 of 99 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 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 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 "laches° as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 54 16 -6601 Collier creek Interim Dredging Revised 01202016 G(A March 28, 2016 New Business 7 -k 59 of 99 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. 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 breach 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 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 fumished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly 55 16-m01 Collier Creek Interim Dredging Revised 01202016 0 March 28, 2016 New Business 7 -k 60 of 99 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 G. 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 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 56 16 -8601 Collier Creek Interim Dredging Revised 01202016 (a March 28, 2016 New Business 7 -k 61 of 99 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. 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; 57 16 -6801 Collier Creek Interim Dredpirl8 Revised 01202016 a March 28, 2016 New Business 7 -k 62 of 99 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; 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: 58 18 -6601 Collier Creek Interim Dredging Revised 01202016 oto March 28, 2016 New Business 7 -k 63 of 99 (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. 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 59 16.6601 Collier creek Interim Dredging Revised 01202016 M March 28, 2016 New Business 7 -k 64 of 99 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. 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. 60 16-mo1 Collier Crook Interim Dredging Revised 01202016 rn 0 March 28, 2016 New Business 7 -k 65 of 99 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 Contractor's 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 - 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 parses 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. 61 16-6601 Collier Creek Interim Dredging Revised 01202016 an 0 March 28, 2016 New Business 7 -k 66 of 99 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, 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, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether 82 18.8801 Collier creek Interim Dredging Revised 01202018 O March 28, 2016 New Business 7 -k 67 of 99 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 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 seg. 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. 63 16 -6601 Collier Creek Interim Dredging Revised 01202016 a o. March 28, 2016 New Business 7 -k 68 of 99 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 Intemet -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 evidence of their enrollment, at the time of the submission of the vendor's/bidder's ib dr' 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 tho BiddeN fendor does not cmmnly ...m6 _____.,. _ 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: htta: //www dhs aev /E Verifv. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations goveming 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, gt seg, 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 la ws 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. e4 c0111er creek interim Dredging Revised 01202018 y O March 28, 2016 New Business 7 -k 69 of 99 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, 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. 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 Owners 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 218.80, 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) fails 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 65 16-801 Collier Creek Interim Dredging Revised 01202016 a� March 28, 2016 New Business 7 -k 70 of 99 refuses to remove materials or to correct or replace such Work as may be rejected as reject unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (t ) 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 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 probed under the Agreement, in whole or in part, and take Possession of and any materials, tools, equipment, and appliances of Conitractor, take assignments oof 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 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. 68 Collier Creek Int9ft 1e Dredging pinp Revised 01202016 March 28, 2016 New Business 7 -k 71 of 99 18.5 If, after notice of termination of Contractors 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 (1) 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 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 67 166601 Collier Creek Interim Dredging Revised 01202016 Q March 28, 2016 New Business 7 -k 72 of 99 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 complete or correct items on the tentative punch -list. 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. 66 166601 Co1Ner Creek Interim Dredging Revised 01202016 O March 28, 2016 New Business 7 -k 73 of 99 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 fumished 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 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 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. 69 16 -6601 Collier creek Interim Dredging Revised 01202016 C March 28, 2016 New Business 7 -k 74 of 99 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 Contractor's 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 construction period beyond the regular eight (8) hour day and for any work on Saturday, Sunday or holidays. performed 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 been rejected by Project Manager, remove it from the site and replace it consequential costs of with n has on - defective Work. Contractor shall bear all direct, indirect and 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 70 18.8801 c0111er Creek Interim Dredging Revised 01202018 March 28, 2016 New Business 7 -k 75 of 99 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 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, 71 16.8601 Collier Creek Interim Dredging Revised 01202016 O March 28, 2016 New Business 7 -k 76 of 99 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 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 5.13, 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. 72 16-6601 Collier Creek Interttn Dredging Revised 01202016 0 March 28, 2016 New Business 7 -k 77 of 99 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 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. 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 73 16 -8801 Collier Creek interim Dredging Revised 01202016 a 0 March 28, 2016 New Business 7 -k 78 of 99 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. 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; is 16601 Collier Creek Inlerkn Dredging Revised 01202016 MR March 28, 2016 New Business 7 -k 79 of 99 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; 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. 75 16 -8801 Collier Creek Interim Dredging Revised 01202016 O March 28, 2016 New Business 7 -k 80 of 99 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. 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 76 16-6601 Collier Creek Interim Dredging Revised 01202016 O March 28, 2016 New Business 7 -k 81 of 99 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, 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 performing, 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 n 16-6801 Collier Creek Interim Dredging Revised 01202016 T March 28, 2016 New Business 7 -k 82 of 99 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 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 78 18 -8801 Collier Creek Interim Dredging Revised 01202018 A March 28, 2016 New Business 7 -k 83 of 99 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 34.1.3 Shop Drawing Submittal /Approval 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 79 10-801 Collier Creek Interim Dredging Revised 01202016 TE March 28, 2016 New Business 7 -k 84 of 99 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built" Marked Prints 34.1.24 Operating 8r 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 PMIS 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, "Boards, 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. 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. so 1s$so1 Collier Creek Interim Dredging Revised 01202016 March 28, 2016 New Business 7 -k 85 of 99 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 (CEI) 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. 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 81 18-601 Collier Creek Interim Dredging Revised 01202016 cto March 28, 2016 New Business 7 -k 86 of 99 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. 82 18-8801 Collier Creek Interim Dredging Revised 01202018 t'1 C- March 28, 2016 New Business 7 -k 87 of 99 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS N/A There are no Supplemental Terns and Conditions for this solicitation. 83 16.8801 Collier Creek Interim Dredging Revised 01202016 O Y O March 28, 2016 New Business 7 -k 88 of 99 EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http: / /bld.colliergov.netfbid/ and titled: 16 -6601 — Collier Creek Attachment 1 84 16-6601 Collier croak Interim Dredging Revised 01202016 Q March 28, 2016 New Business 7 -k 89 of 99 EXHIBIT K: PERMITS Supporting documents found at: http: / /bid.colliergov.neVbidf In Appendix C of the file titled: 16 -6601 - Collier Creek Attachment 1 85 16-mo1 Collier Creek Interim Dredging Revised 01202016 i0 , March 28, 2016 New Business 7 -k 90 of 99 EXHIBIT L: STANDARD DETAILS Supporting documents found at: http: //bid.colliergov.net/bid/ In Appendices B - Physical Monitoring Plan, E — Granularmetric Reports, and F - QA/QC Plan of the file titled: 16- 6601 — Collier Creek Attachment 1 es 1 s-eeol Collier Creek Interim Dredging Revised 01202016 i March 28, 2016 New Business 7 -k 91 of 99 EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http: //bid.colliergov.netfbidl In Appendix D of the file titled: 16- 6601 - Collier Creek Attachment 1 87 16 -6601 Collier Creek Interim Dredging Revised 01202016 To, March 28, 2016 New Business 7 -k 92 of 99 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Robert Brenner William Coughlin Personnel Cateoo►y Constriction Superintendent Project Manager 88 10 -8801 Collier creek Interim Dredging Revised 01202018 7 March 28, 2016 New Business 7 -k 93 of 99 Coder co Q' Email: ademnorthrup@colliergov.net Admk*MV* ftvim Depotrant Telephone: (239) 252 -6096 Rocum m S""' am:w FAX: (239) 252 -6302 ADDENDUM #1 Memorandum Date: 01/14/2016 From: Adam Northrup To: Interested Bidders Subject: Addendum # 1 ITB #16 -6601— Collier Creek Dredging The following clarifications are provided in response to questions from the online bidding system or the prebid meeting, are issued as an addendum identifying the following change (s) for the referenced solicitation: Question 1: Will penalties be assigned for over dredging of the side slopes? Answer 1: Clause 8.9 was written to discipline willful or negligent violations of the design template and tolerances, which are both a permit and contractual issue. Some deviations and variations in the dredging of slopes has been acceptable to FDEP in the past. If deviations are sporadic or within expected variations during the normal course of dredging, they will not be held against the Contractor. County will enforce penalties only if deviations in slope and volume are significant and detract from achieving the project's goals. To give potential bidders adequate time to submit a qualified bid, the County is extending this solicitation until 3:OOPM on February 26, 2016. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. _1. Waterfront Property Services, LLC dba Gator Dredging (Name of Firm) Z /8-1lc Date AddendumTemplate Revised: 4/15110 s9 Y O March 28, 2016 New Business 7 -k 94 of 99 GREAT AMERICAN INSURANCE COMPAN" Administrative Office: 901 E 4TH STREET • CINCINNATI[ OHIO 46902 6 613.3894MM • FAX 819.723 -2740 The number of persons authorised by this paver of attonicy is not more than TWO No. 0 18486 FOWER OFATTORNEY KNO\1'Ai -I.AI E\ BYTHESB PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the lm%% of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named bclmv, each individually if more than one is named. its true and lawful attomcy- in -fhci, fir it and in its name, place and steed to execute an bdudfofthe said Company, as surety, any and all bon& undertakings and contracts of suretyship, or other ►written obligations in the nature thereof; provided that the liability of On said Company on arty such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below, Name Address Limit of Pourer KEVIN WOJTOWICZ BOTH OF BOTH JOHN R. NEU ST, PETERSBURG, FLORIDA $100,000,000 This Ponvr ofAttorney revokes all previous powers issued on behalf of the attorml)(s)- in-lict mimed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has causod these presents to be si and attested by its appropriate officers and its corporate seal hemunto affixed this 5TH day of JUN 2014 Attest GREATAML'RICAN INSURANCE COMPANY [l edtlarHJec/1 ktn UhGfWrt! Cmrur Me povil6 eau STATE OF 01110, COUNTY OF HAMILTON - ss: OWD C. larCMN 077- 377.2400 On this 5TH day or JUNE 2014 before me personally appeared DAVID C. KITCHiN, to me knows, being duly sworn, deposes and says that Ire resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of 0mat American insurance Company, the Company described in and which exeaafled the above Instrument: lint he knows the seal of tike said Company; that the seed affixed to the said instrument is such corporate seal; that it was so allkwel by authority ofhis office under the By -Lana ofsaid Company, and that he signed his name thereto by like authority. AM bbOhbs[yt. 'Ibis Power ofAttonney is granted by authority orthe fallowing resalutitum adopted by the Boardul'Directors ofGreat American Insurance Ctlmpam by unanimous Iwriuen consent doled June 9.2fNtg. RESOLVED: Thus flh Dirisfurhd Presi[irnN. lhr sea. ra! Uirisiulad J'rniur i itv /hrsitk tHS. 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Signed mid sealed this i l r f; day of Si MAO (17113) .ire /Vflllr, \•t'( [ih117 90 March 28, 2016 New Business 7 -k WATER4Qq of QQP ID: AC '`'kw. `- CERTIFICATE OF LIABILITY INSURANCE DA0 TYPE OF INSURANCE 311 0/20 1 0Y) 03110/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ke) must be endorsed. If SUBROGATION 18 WAIVED, subject to the tears and Conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endore s . PRODUCER hHilt The e Hllb Group of Florida LLC 3438 Colwell Avenue Tampa 33014 WEST CO AST IN SURANCE NAME AURELIE CUOCO PHONE. .8 13866.119 Nb 813- 2811088 . ACUOCOQWCIFLA.COM AFPORMC COVERAGE NAIC i INSURER A: WESCO INSURANCE COMPANY INSURED SERVICES LLC DREDGING 13830 0 80 50 TH H WAY NORTH WAY ram at a: CONTINENTAL INSURANCE CO 36289 n ummc :AUTO-OWNERS INSURANCE CO 18988 CLEARWATER, FL 33760 INSURERD:XL SPECIALTY INS CO 37885 INSURER E: EACH OCCURRENCE i 1,000, F: $ 100, nnvrn. ire ��� —.� _ -- _ •..-- - -- RCYH7IVK NUM6CK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR LTR TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABN 1� B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FK OCCUR X MARINE GL X L9780646 H678689 09/03/2015 09/03/2016 0911111=16 gg/03/2016 EACH OCCURRENCE i 1,000, WWX PREMISES a $ 100, I ED FxP µ"I orM^) s 6, PERSONALaADVINJURV $ 1,000, X P31 d� HULL GENERAL AGGREGATE $ 2,000, GEML AGGREGATE LIMIT APPLIES PER: POLICY PR LOC PRODUCTS - COMPIOP AGO S 1,000, $ C AUTOMOBILE Ix LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X AUTOS 74NO -296-00 11/17/2018 11117/2016 COMSINE111INIKE LIMIT and en $ 1,000, BODILY INJURY (Per Person) s BODILY INJURY(PereoddoM S R DE $ i D A B X UMBRELLA LIAR EXCESS LAB X OCCUR CLAIMS-MADE MIA UM00028880MA18A 3184688 015976988 09163/2018 07/28/2018 08A312016 0910802018 07/2612016 00103/2016 EACH OCCURRENCE $ 5,000, AGGREGATE : 510001 DED 1 X 1 RETENTIONS 26 000 WORKERS COMPENSATION AND EMPLOYERV LIABILITY ANY PROPRIETORIPARTNER*xECUT:vE Y I IV OFFICERIMEMBER EXCLUDED? FN If dewr Nnd I yyeess,, deecribs antler DESCRIPTION OF OPERATIONS below RENTED&LEASE0 EQUI X ATT = E.L. EACH ACCIDENT t 1,000, E.L. DISEASE -EA EMPLOYE S 1,000, E.L. DISEASE - POLICY LIMIT $ 1,000, RENTED&LE 1,000, PER ITEM $1,000 DE DESCRIPTION DF OPERATIONS I LOCATIONS I VEHICLES (AMach ACORD 101, Addoo Rnnrks SChWule H nlWe epee Is required) WORKERS OC1IPZNSATION INSURANCE POLICY INCLUDES UNITED STATES L0KGSHORZMN S IUUUR WORKER'S COMPENSATION ACT COVERAGE . P6I COVERAGE INCLUDES CREW bMCMBERS FOR JONES ACT — COLLIER COUNTY BOARD OF COUNTY C.OMMSSION IS NAND ADDITIONAL INSUREDS UNDER THE GENERAL LIABILITY POLICY. RE: 16 -6601 — COLLIER CREEK — 3327 TAMIAMI TRAIL E, NAPLES, FL 34112. FOR ANY AND ALL WORK pERFCEMD ON CFRTIRVIATC UAI IN= COLUCO COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3327 TAMIAMI TRAIL E NAPLES, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE E MATICIN DATE THEREOF, NOTICE IMLL BE DELIVERED IN ACCORDANCE 1MTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE LJ TION- All riahta neearwoot ^%.Wrw w JAUTwuoj The ACORD name and logo are registered marks of ACORD 91 �O March 28, 2016 New Business 7 -k O 92 9 O March 28, 2016 New Business 7 -k 97 of 99 Detail by Entity Name Florida Limited Liability Company WATERFRONT PROPERTY SERVICES, LLC Filina Information Document Number FEUEIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 13630 50th Way North Clearwater, FL 33760 Changed: 03/19/2014 Mallina Address 13630 50th Way North Clearwater, FL 33760 Changed: 03/19/2014 L05000083238 20- 3403593 08/23/2005 FL ACTIVE CANCEL ADM DISS /REV 10/26/2006 NONE Reaistered Aaent Name & Address BACON, DAVID A 2959 FIRST AVE. NORTH ST. PETERSBURG, FL 33713 Authorized Person(s) Detail Name & Address Title VP Findlay, Philip Andrew 5890 Burning Tree Dr Seminole, FL 33777 Title President, CEO - OUGHLIN, WILLIAM J 93 http: / /search.sunbiz.orgl Inquiry/ CorporationSearch /SearchResultDetail ?inquiTyt) p Entity... 3/10/2016 March 28, 2016 New Business 7 -k 98 of 99 9201 CAPTIVA CIRCLE SAINT PETERSBURG, FL 33706 Title Vice President of Engineering McDougal, Tyler Ben 13630 50th Way North Clearwater, FL 33760 Annual Reports Report Year Filed Date 2015 04/06/2015 2015 11/16/2015 2016 01/11/2016 Document Imanes 01/11/2016 — ANNUAL REPORT View image in PDF format 12/17/2015 — AMENDED ANNUAL REPORT View image in PDF format 11/16/2015 —AMENDED ANNUAL REPORT View image in PDF format 04/06/2015 — ANNUAL REPORT View Image in PDF format 03/19/2014 —ANNUAL REPORT View image in PDF format 04/02/2013 — ANNUAL REPORT View image in PDF format 04/17/2012 — ANNUAL REPORT View image in PDF format 04/05/2011 —ANNUAL REPORT View image in PDF format 02/16/2010 — ANNUAL REPORT View image in PDF format 03/27/2009 — ANNUAL REPORT View image in PDF format 04/18/2008 — ANNUAL REPORT View Image in PDF format 04/18/2007 — ANNUAL REPORT View image in PDF format 10/26/2006 -- REINSTATEMENT I View image in PDF format 08/23/2005 — Florida Limited Liabilites r View image in PDF format EraJ.ulilorb �t& v1mL11miz0ihx� ..�............._.,.....� ........ ....._ .. ,.. 94 http: // search. sunbiz. org / Inquiry/ CorporationSearch ISearchResultDetail ?inquirytype= Entity... 3/10/2016 www.stmbiz.org - Department of State March 28, 2016 New BA MM 940 99 of 99 Home Contact Us E -Filing Servhm Document 8elimim Forms Help Previous on List Next on List Retum to List Fictitious Name Search Filing History Submit Fictitious Name Detail Fictitious Name GATOR DREDGING Filing Information Registration Number G11000048200 stoma ACTIVE Filed Date 05/202011 Expiration Date 12/312016 Current Owners 1 County PINELLAS Total Pages 2 Events Filed 1 FEI/EIN Number 20- 3403593 Mailing Address 13630 50TH. WAY NORTH CLEARWATER, FL 33760 Owner Information WATERFRONT PROPERTY SERVICES, LLC 13630 50TH. WAY NORTH CLEARWATER, FL 33760 FEI/EIN Number. 20- 3403593 Document Number. L05000083238 Document Images 05202011 -- Fictitious Name Filinn View image in PDF format 11/07/2014 — CHANGE NAME /AppgESS View image in PDF format Previous on List Next on List Retum to List Fictitious Name Search Filinn History Submit i damn i L9000 UE I Q— Searches i E -Fllim b.wrm Copyright Q end Prlvacv Oolides � sate or Florida, oepsre„errt or state hup: / /www.sunbiz.org/ scripts /ficidet.exe ?action= DEMG&docnum -G11000048200&rd... 3/11 /2016 March 28, 2016 Old Business 8 -a 1 of 20 EXECUTIVE SUMMARY Tourist Development Tax Quarterly Financial Review OBJECTIVE: Review a revised format for tourist development tax fund balances for Q 1 FY 16. 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 are presented in a reorganized format as requested by the TDC at their February 22, 2016 meeting. This format indicates a greater level of detail in each expense category and is derived directly from the County's SAP financial accounting system. There are two separate views provided in the attached document. Pages I through 9 are in the Operating Funds format and are entitled "Standard Commitment Item Format ". Pages 10 through 19 are in Project Fund format and are entitled "Project Summary Format & Project Commitment Item Format." The dollar amounts are the same as was presented to the TDC in February 2016, but are now presented in these two alternative formats. The FY 16 2015 1" quarter report (October 1- December 31, 2015) represents the financial activity in TDC funds is consistent with budgeted levels of revenue and expenditure. One general exception is Non - County Museum Grant Fund #193 that has accumulated substantial reserves due to limited program participation. All the tourist tax funds are in balance, and the expenditures are in line with the FY 16 County Commission approved budget for the Tourism Division. This report is prepared by the County Budget Office staff. FISCAL IMPACT: This item is for review and comment with no financial impact. RECOMMENDATION: Staff requests the TDC review the reorganized Q 1 report in these new formats. This item is for information only. SUBMITTED BY: Jack Wert, Tourism Director March 28, 2016 Old Business 8 -a 2 of 20 Tourist Development Tax Funds FY 20161St Quarter Budget to Actual Report Standard Commitment Item Format Operating Funds 184, 185, 193, 194, 196, 198 March 28, 2016 Old Business 8 -a 3 of 20 1st Qtr FY16- Expenditures Fund / Comm Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Act ** 184 TDC TOURISM PROMO OPERATING EXPENSE 634211 IT BILLING HOUR 13,432,000.00 9,352,600.00 13,985,779.27 10,415,679.27 6,052,289.38 6,052,289.38 2,194,077.21 1,323,327.20 5,739,412.68 3,040,062.69 59.0 70.8 300.00 300.00 300.00 634970 INDIRECT COST R 61,700.00 61,700.00 61,700.00 100.0 634980 INTERDEPT PAYME 100,000.00 100,000.00 100,000.00 634999 OTHER CONTRACTU 2,226,500.00 2,811,776.77 1,063,298.10 369,273.35 1,379,205.32 50.9 640300 TRAVEL PROF DEV 210,100.00 210,100.00 2,500.00 35,671.45 171,928.55 18.2 645100 INSURANCE GENER 28,600.00 28,600.00 28,600.00 100.0 647110 PRINTING AND OR 5,300.00 5,300.00 5,300.00 648170 MARKETING AND P 6,381,100.00 6,858,902.50 4,896,191.28 858,980.40 1,103,730.82 83.9 648174 REGISTRATION FE 339,000.00 339,000.00 59,402.00 279,598.00 17.5 649000 SALES TAX EXPEN * TRANSFERS 3,432,500.00 3,432,500.00 858,125.00 2,574,375.00 25.0 911960 TRANS TO 196 EC 3,432,500.00 3,432,500.00 858,125.00 2,574,375.00 25.0 * TRANSFER CONST 137,600.00 137,600.00 12,625.01 124,974.99 9.2 930700 TC BUDGET TRANS 137,600.00 137,600.00 12,625.01 124,974.99 9.2 RESERVES 509,300.00 991000 RESERVE FOR CON 109,300.00 991300 RESTRICTED FOR 400,000.00 1st Qtr FY16- Revenue Fund / Comm Item Available Adopted Budget Amended Budget Commitment Actual % Enc /Act ** 184 TDC TOURISM PROMO REVENUE - OPERATING Sub- 13,432,000.00- 6,911,900.00- 13,985,779.27- 6,911,900.00- 6,881,900.00- 680,034.37- 680,034.37- 13,305,744.90- 6,231,865.63- 6,250,649.30- 420.77 12,752.71- 4.9 9.8 9.2 57.5 314300 3% TOURIST DEVE 6,881,900.00- 631,250.70- 420.77- 17,247.29- 361170 OVERNIGHT INTER 361180 INVESTMENT INTE 30,000.00- 30,000.00- 361320 INTEREST TAX CO 366900 CONTRIBUTIONS 369300 REIMB FOR PY EX 23,915.61- 23,915.61 369801 REIMB CHILD DEP 369802 REIMB FOR CURRE 7,200.00- 7,200.00 " CONTRIBUTION AND TRANSFE 6,520,100.00- 7,073,879.27- 7,073,879.27- 481183 TRANS FRM 183 B 60,000.00- 60,000.00- 60,000.00- 481194 TRANS FRM 194 T 631,400.00- 631,400.00- 631,400.00. 481195 TRANS FRM 195 T 90,000.00- 90,000.00- 90,000.00- 481196 TRANS FRM 196 T 12,000.00- 12,000.00. 12,000.00- 486700 TRANS FROM TAX 489200 CARRY FORWARD G 6,072,300.00- 6,072,300.00- 6,072,300.00. 489201 CARRY FORWARD 0 553,779.27- 553,779.27-1 489900 NEG 5% EST REV 345,600.00 1 345,600.00 1 345 600.00 March 28, 2016 Old Business 8 -a 4 of 20 1st Qtr FY16- Expenditures Fund / Comm Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Act ** 185 TDC -BEACH REN OPS PERSONAL SERVICE 742,600.00 546,100.00 742,600.00 546,100.00 229,641.46 87,562.00 93,948.94 84,699.63 419,009.60 373,838.37 43.6 31.5 512100 REGULAR SALARIE 355,586.00 355,586.00 67,326.26 288,259.74 18.9 512600 ER 457 1,000.00 1,000.00 1,000.00 513100 OTHER SALARIES 29,100.00 29,100.00 6,061.82 23,038.18 20.8 515000 VACATION SELL -B 1,582.00 1,582.00 1,582.00 518100 TERMINATION PAY 519100 RESERVE FOR SAL 9,136.00 9,136.00 9,136.00 521100 SOCIAL SECURITY 30,328.00 30,328.00 5,477.69 24,850.31 18.1 522100 RETIREMENT REGU 31,806.00 31,806.00 5,833.86 25,972.14 18.3 523150 HEALTH INSURANC 78,600.00 78,600.00 78,600.00 100.0 523152 DENTAL INSURANC 2,940.00 2,940.00 2,940.00 100.0 523153 SHORT TERM DISA 540.00 540.00 540.00 100.0 523154 LONG TERM DISAB 1,140.00 1,140.00 1,140.00 100.0 523160 LIFE INSURANCE 1,342.00 1,342.00 1,342.00 100.0 524100 WORKERS COMPENS 3,000.00 3,000.00 3,000.00 100.0 * OPERATING EXPENSE 162,800.00 160,550.00 142,079.46 4,508.77 13,961.77 91.3 634207 IT CAP ALLOCAT 2,400.00 2,400.00 2,400.00 100.0 634210 IT OFFICE AUTOM 15,500.00 15,500.00 15,500.00 100.0 634970 INDIRECT COST R 45,200.00 45,200.00 45,200.00 100.0 634980 INTERDEPT PAYME 70,000.00 70,000.00 70,000.00 100.0 634999 OTHER CONTRACTU 4,800.00 2,550.00 1,825.37 174.63 550.00 78.4 639964 STORAGE CONTRAC 400.00 400.00 48.00 352.00 12.0 640300 TRAVEL PROF DEV 2,000.00 2,000.00 808.26 1,191.74 40.4 641230 TELEPHONE ACCES 1,800.00 1,800.00 587.49 1,212.51 32.6 641700 CELLULAR TELEPH 3,900.00 3,900.00 3,105.78 394.22 400.00 89.7 641900 TELEPHONE SYSTE 400.00 400.00 43.02 356.98 10.8 641950 POST FREIGHT UP 500.00 500.00 267.25 34.21 198.54 60.3 644620 LEASE EQUIPMENT 2,200.00 2,200.00 1,593.40 706.60 100.00- 104.5 647110 PRINTING AND OR 500.00 500.00 500.00 649010 LICENSES AND PE 200.00 200.00 200.00 651110 OFFICE SUPPLIES 3,500.00 3,500.00 1,351.12 648.88 1,500.00 57.1 651210 COPYING CHARGES 200.00 200.00 291.43 8.57 100.00- 150.0 652110 CLOTHING AND UN 300.00 300.00 300.00 652140 PERSONAL SAFETY 200.00 200.00 200.00 652990 OTHER OPERATING 500.00 500.00 545.11 54.89 100.00- 120.0 654110 BOOKS PUB SUBS 200.00 200.00 1,000.00 800.00- 500.0 654210 DUES AND MEMBER 6,600.00 6,600.00 6,600.00 654360 OTHER TRAINING 1,500.00 1,500.00 1,500.00 * CAPITAL OUTLAY 2,250.00 2,240.54 9.46 99.6 764900 DATA PROCESSING 2,250.00 2,240.54 9.46 99.6 764990 OTHER MACHINERY * TRANSFERS 10,000.00 10,000.00 2,500.00 7,500.00 25.0 911130 TRANS TO 113 CO 10,000.00 10,000.00 2,500.00 7,500.00 25.0 RESERVES 23,700.00 23,700.00 23,700.00 991000 RESERVE FOR CON 23,700.00 23,700.00 23,700.00 1 st Qtr FY16- Revenue Fund / Comm Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Act * 185 TDC -BEACH REN OPS REVENUE - OPERATING Sub- 742,600.00- 300.00- 742,600.00- 300.00- 300.00- 742,300.00- 669,100.00- 167,740.23- 465.23- 574,859.77 - 165.23 13.03 22.6 155.1 361170 OVERNIGHT INTER 13.03- 361180 INVESTMENT INTE 300.00- 452.20- 167,275.00- 167,275.00- 152.20 575,025.00- 501,825.00- 150.7 22.5 25.0 CONTRIBUTION AND TRANSFE 742,300.00- 481195 TRANS FIRM 195 T 669,100.00- 489200 CARRY FORWARD G 73,200.00- 73,200.00- 73,200.00- March 28, 2016 Old Business 8 -a 5 of 20 1st Qtr FYI 6-Expenditures _ Fund / Comm Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Act 193 TDC -MUSEUM OPERATING EXPENSE 1,822,200.00 700.00 1,822,200.00 700.00 700.00 700.00 856.75 1,820,643.25 0.1 100.0 634970 INDIRECT COST R 700.00 700.00 700.00 100.0 GRANTS AND DEBT SERVICE 40,000.00 40,000.00 40,000.00 882100 REMITT PRIVATE 40,000.00 40,000.00 40,000.00 TRANSFER CONST 9,300.00 9,300.00 856.75 8,443.25 9.2 930700 TC BUDGET TRANS 9,300.00 9,300.00 856.75 8,443.25 9.2 RESERVES 1,772,200.00 1,772,200.00 1,772,200.00 991300 RESTRICTED FOR 1,772,200.00 1,772,200.00 1,772,200.00 1st Qtr FYI 6-Revenue Fund / Comm Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Act 193 TDC -MUSEUM REVENUE - OPERATING Sub- 1,822,200.00- 473,000.00- 1,822,200.00- 473,000.00- 467_,000.00- 81,202.20- 46,027.20- 42,837.51- 1,740,997.80- 426,972.80- 424,162.49- 4.5 9.7 9.2 314300 3% TOURIST DEVE 467,000.00- 361170 OVERNIGHT INTER 89.97- 89.97 361180 INVESTMENT INTE 6,000.00- 6,000.00- 3,099.72- 2,900.28- 51.7 361320 INTEREST TAX CO " CONTRIBUTION AND TRANSFE 1,349,200.00- 1,349,200.00- 35,175.00- 1,314,025.00- 2.6 481198 TRANS FIRM 198 M 140,700.00- 140,700.00- 35,175.00- 105,525.00- 25.0 486700 TRANS FROM TAX 489200 CARRY FORWARD G 1,232,300.00- 1,232,300.00- 1,232,300.00- 489900 NEG 5% EST REV 23,800.00 23,800.00 23,800.00 March 28, 2016 Old Business 8 -a 6of20 1st Qtr FY16- Expenditures Fund / Comm Item Adopted Budget Amended Budget Commitment Actual % Enc /Act Available 194 TDC - PROMOTION /SPEC PERSONAL SERVICE 2,165,800.00 1,017,500.00 2,168,073.14 1,017,500.00 329,151.56 171,1.74.00 223,053.02 161,750.65 1,615,868.56 684,575.35 25.5 32.7 512100 REGULAR SALARIE 694,073.00 694,073.00 135,192.08 558,880.92 19.5 512500 AUTO USE BENEFI 210.00 210.00- 512600 ER 457 3,500.00 3,500.00 3,500.00 513100 OTHER SALARIES 1.00 1.00 2,853.50 2,852.50- 285,350.0 514100 OVERTIME 515000 VACATION SELL -B 7,232.00 7,232.00 7,232.00 519100 RESERVE FOR SAL 15,414.00 15,414.00 15,414.00 521100 SOCIAL SECURITY 54,633.00 54,633.00 9,821.00 44,812.00 18.0 522100 RETIREMENT REGU 71,473.00 71,473.00 13,674.07 57,798.93 19.1 523150 HEALTH INSURANC 157,200.00 157,200.00 157,200.00 100.0 523152 DENTAL INSURANC 5,880.00 5,880.00 5,880.00 100.0 523153 SHORT TERM DISA 1,080.00 1,080.00 1,080.00 100.0 523154 LONG TERM DISAB 2,280.00 2,280.00 2,280.00 100.0 523160 LIFE INSURANCE 2,634.00 2,634.00 2,634.00 100.0 524100 WORKERS COMPENS 2,100.00 2,100.00 2,100.00 100.0 528100 ALLOWANCES MOVI * OPERATING EXPENSE 484,100.00 486,373.14 157,705.54 55,982.65 272,684.95 43.9 631820 CLERK OF BOARD 3,800.00 3,800.00 659.22 3,140.78 17.3 634207 IT CAP ALLOCAT 4,900.00 4,900.00 4,900.00 100.0 634210 IT OFFICE AUTOM 29,900.00 29,900.00 29,900.00 100.0 634970 INDIRECT COST R 54,300.00 54,300.00 54,300.00 100.0 634980 INTERDEPT PAYME 1.00 1.00 1.00 634999 OTHER CONTRACTU 177,699.00 179,972.14 16,152.52 24,630.20 139,189.42 20 639964 STORAGE CONTRAC 800.00 800.00 95.25 704.75 11.9 640200 MILEAGE REIMBUR 9,000.00 9,000.00 207.37 8,792.63 2.3 640300 TRAVEL PROF DEV 25,000.00 25,000.00 683.81 24,316.19 2.7 640410 MOTOR POOL RENT 200.00 200.00 200.00 641230 TELEPHONE ACCES 2,800.00 2,800.00 2,168.77 631.23 77.5 641700 CELLULAR TELEPH 4,800.00 4,800.00 2,575.42 2,224.58 517 641900 TELEPHONE SYSTE 2,300.00 2,300.00 160.77 2,139.23 7.0 641950 POST FREIGHT UP 14,400.00 14,400.00 4,899.03 891.65 8,609.32 40.2 643100 ELECTRICITY 6,400.00 6,400.00 643.26 5,756.74 10.1 644100 RENT BUILDINGS 58,400.00 58,400.00 32,646.36 18,575.96 7,177.68 87.7 645100 INSURANCE GENER 6,300.00 6,300.00 6,300.00 100.0 645260 AUTO INSURANCE 600.00 600.00 600.00 100.0 646180 BUILDING RM ISF 374.00 374.00- 646430 FLEET MAINT ISF 100.00 100.00 16.66 83.34 16.7 646445 FLEET NON MAINT 3,400.00 3,400.00 53.03 3,346.97 1.6 648170 MARKETING AND P 14,000.00 14,000.00 462.61 13,537.39 3.3 648174 REGISTRATION FE 649000 SALES TAX EXPEN 649100 LEGAL ADVERTISI 500.00 500.00 500.00 651110 OFFICE SUPPLIES 10,400.00 10,400.00 4,868.41 1,581.40 3,950.19 62.0 651210 COPYING CHARGES 4,000.00 4,000.00 2,864.22 1,135.78 100.0 651930 MINOR OFFICE FU 10,000.00 10,000.00 10,000.00 652490 FUEL AND LUB IS 2,900.00 2,900.00 47.54 2,852.46 1.6 652920 COMPUTER SOFTWA 10,000.00 10,000.00 69.95 9,930.05 0.7 654110 BOOKS PUB SUBS 3,700.00 3,700.00 3,700.00 654210 DUES AND MEMBER 23,500.00 23,500.00 275.00 950.00 22,275.00 5.2 * CAPITAL OUTLAY 4,000.00 4,000.00 272.02 1,141.00 2,586.98 35.3 764900 DATA PROCESSING 4,000.00 4,000.00 272.02 1,141.00 2,586.98 35.3 * TRANSFERS 631,400.00 631,400.00 631,400.00 911840 TRANS TO 184 TD 631,400.00 631,400.00 631,400.00 * TRANSFER CONST 45,500.00 45,500.00 4,178.72 41,321.28 9.2 930700 TC BUDGET TRANS 45,500.00 45,500.00 4,178.72 41,321.28 9.2 * RESERVES 16,700.00- 16700.00- 16,700.00- 992100 RESV ATTRITION 16,700.00- 16,700.00- 16,700.00 - 1st Qtr FY16- Revenue Fund / Comm Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Act *` 194 TDC - PROMOTION /SPEC REVENUE - OPERATING Sub- 2,165,800.00- 2,279,800.00- 2,168,073.14- 2,279,800.00- 211,291.67- 211,291.67- 1,956,781.47- 2,068,50_8.33- 9.7 9.3 314300 3% TOURIST DEVE 2,277,800.00- 2,277,800.00- 208,936.23- 2,068,863.77- 9.2 361170 OVERNIGHT INTER 66.72- 66.72 361180 INVESTMENT INTE 2,000.00- 2,000.00- 2,288.72- 288.72 114.4 361320 INTEREST TAX CO 369400 PRIOR YEAR REV * CONTRIBUTION AND TRANSFE 114,000.00 111 726.86 111 726.86 March 28, 2016 Old Business 8 -a 7of20 486700 TRANS FROM TAX 489201 CARRY FORWARD O 2,273.14- _ 2,273.14- 489900 NEG 5% EST REV 114,000.00 114,000.00 114,000.00 March 28, 2016 Old Business 8 -a 8 of 20 1st Qtr FY16- Expenditures Fund / Comm Item Adopted Budget Amended Budget Commitment ' Actual Available % Enc /Act ** 196 TDC -DISASTER RECOV OPERATING EXPENSE 4,208,800.00 100.00 4,208,800.00 100.00 100.00 100.00 4,208,700.00 0.0 100.0 634970 INDIRECT COST R 100.00 100.00 100.00 100.0 * TRANSFERS 12,000.00 12,000.00 12,000.00 911840 TRANS TO 184 TD 12,000.00 12,000.00 12,000.00 * RESERVES 4,196,700.00 4,196,700.00 4,196,700.00 991300 RESTRICTED FOR 1,500,000.00 1,500,000.00 1,500,000.00 993000 RESERVE FOR CAP 2,696,700.00 2,696,700.00 2,696,700.00 1st Qtr FY16- Revenue Fund / Comm Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Act ** 196 TDC -DISASTER RECOV REVENUE - OPERATING Sub- 4,208,800.00- 12,000.00- 4,208,800.00- 12,000.00- 860,356.39- 2,231.39- 3,348,443.61- 9,768.61- 20.4 18.6 361170 OVERNIGHT INTER 64.61 - 64.61 361180 INVESTMENT INTE 12,000.00- 12,000.00- 2,166.78- 9,833.22- 18.1 * CONTRIBUTION AND TRANSFE 4,196,800.00- 4,196,800.00- 858,125.00- 3,338,675.00- 20.4 481184 TRANS FRM 184 T 3,432,500.00- 3,432,500.00- 858,125.00- 2,574,375.00- 25.0 489200 CARRY FORWARD G 765,000.00- 765,000.00- 765,000.00- 489900 NEG 5% EST REV 700.00 700.00 700.00 March 28, 2016 Old Business 8 -a 9of20 1st Qtr FY16- Expenditures Fund / Comm Item Adopted Budget % Enc /Act Amended Budget Commitment Actual Available ** 198 MUSEUM PERSONAL SERVICE 2,749,600.00 1,121,300.00 2,750,600.00 1,121,300.00 811,076.66 221,600.00 400,705.20 147,469.33 1,538,818.14 752,230.67 44.1 32.9 512100 REGULAR SALARIE 749,674.00 749,674.00 121,855.36 627,818.64 16.3 512600 ER 457 2,500.00 2,500.00 2,500.00 513100 OTHER SALARIES 5,298.67 5,298.67- 514100 OVERTIME 40.38- 40.38 515000 VACATION SELL -B 5,750.00 5,750.00 5,750.00 518100 TERMINATION PAY 1,650.19 1,650.19- 519100 RESERVE FOR SAL 23,612.00 23,612.00 23,612.00 521100 SOCIAL SECURITY 59,870.00 59,870.00 9,357.28 50,512.72 15.6 522100 RETIREMENT REGU 58,294.00 58,294.00 9,348.21 48,945.79 16.0 523150 HEALTH INSURANC 196,500.00 196,500.00 196,500.00 100.0 523152 DENTAL INSURANC 7,350.00 7,350.00 7,350.00 100.0 523153 SHORT TERM DISA 1,350.00 1,350.00 1,350.00 100.0 523154 LONG TERM DISAB 2,850.00 2,850.00 2,850.00 100.0 523160 LIFE INSURANCE 2,850.00 2,850.00 2,850.00 100.0 524100 WORKERS COMPENS 10,700.00 10,700.00 10,700.00 100.0 528700 EDUCATIONAL EXP OPERATING EXPENSE 759,200.00 760,200.00 589,476.66 101,580.47 69,142.87 90.9 634207 IT CAP ALLOCAT 5,200.00 5,200.00 5,200.00 100.0 634210 IT OFFICE AUTOM 30,200.00 30,200.00 30,200.00 100.0 634211 IT BILLING HOUR 1,600.00 1,600.00 1,600.00 634970 INDIRECT COST R 244,900.00 244,900.00 244,900.00 100.0 634999 OTHER CONTRACTU 48,800.00 48,800.00 16,992.91 12,009.92 19,797.17 59.4 639965 LOCKSMITHS SERV 500.00 500.00 500.00 639967 TEMPORARY LABOR 73,200.00 73,200.00 15,416.00 17,740.80 40,043.20 45.3 640200 MILEAGE REIMBUR 10.00 10.00- 640300 TRAVEL PROF DEV 500.00 500.00 1,151.00 651.00- 230.2 640310 TRAVEL REGULAR 1,500.00 1,500.00 976.38 523.62 65.1 640410 MOTOR POOL RENT 300.00 300.00 300.00 641100 TELEPHONE BASE 16,950.00 16,950.00 10,690.76 4,609.24 1,650.00 90.3 641230 TELEPHONE ACCES 2,400.00 2,400.00 20.00 704.99 1,675.01 30.2 641400 TELEPHONE DIREC 887.68 887.68- 641700 CELLULAR TELEPH 2,400.00 2,400.00 1,480.06 919.94 100.0 641900 TELEPHONE SYSTE 100.00 100.00 7.39 92.61 7.4 641950 POST FREIGHT UP 2,000.00 2,000.00 16.02 1,983.98 0.8 643100 ELECTRICITY 40,450.00 40,450.00 26,042.70 10,669.62 3,737.68 90.8 643300 TRASH AND GARB 3,200.00 3,200.00 2,438.27 974.84 213.11- 106.7 643400 WATER AND SEWER 20,300.00 20,300.00 17,122.21 4,177.79 1,000.00- 104.9 645100 INSURANCE GENER 9,200.00 9,200.00 9,200.00 100.0 645200 PROPERTY INSURA 72,400.00 72,400.00 72,400.00 100.0 645260 AUTO INSURANCE 1,100.00 1,100.00 1,100.00 100.0 646180 BUILDING RM ISF 1,600.00 1,600.00 583.13 1,016.87 36.4 646320 LANDSCAPE MATER 1,200.00 1,200.00 823.75 376.25 100.0 646430 FLEET MAINT ISF 1,600.00 1,600.00 266.68 1,333.32 16.7 646440 FLEET MAINT PAR 1,100.00 1,100.00 461.81 638.19 42.0 646445 FLEET NON MAINT 646910 DATA PROCESSING 646920 STORAGE RENTAL 5,800.00 5,800.00 3,310.00 2,410.00 80.00 98.6 647110 PRINTING AND OR 6,000.00 6,000.00 1,450.00 350.00 4,200.00 30.0 647210 PHOTO PROCESSIN 500.00 500.00 500.00 648170 MARKETING AND P 120,000.00 120,000.00 121,344.77 33,538.89 34,883.66- 129.1 648174 REGISTRATION FE 649980 REIMBURSEMENT P 649990 OTHER MISCELLAN 649992 VOLUNTEER RECOG 1,500.00 2,500.00 116.25 2,383.75 4.7 651110 OFFICE SUPPLIES 8,000.00 8,000.00 5,895.08 2,104.92 100.0 652110 CLOTHING AND UN 1,100.00 1,100.00 1,100.00 652210 FOOD OPERATING 1,500.00 1,500.00 175.82 84.18 1,240.00 17.3 652490 FUEL AND LUB IS 2,800.00 2,800.00 508.25 2,291.75 18.2 652720 MEDICAL SUPPLE 800.00 800.00 540.20 59.80 200.00 75.0 652920 COMPUTER SOFTWA 500.00 500.00 352.00 148.00 70.4 652989 LUMBER AND LAMI 500.00 500.00 500.00 652990 OTHER OPERATING 17,500.00 17,500.00 2,734.13 5,362.70 9,403.17 46.3 652999 PAINTING SUPPLI 500.00 500.00 500.00 654110 BOOKS PUB SUBS 1,200.00 1,200.00 1,200.00 654210 DUES AND MEMBER 2,900.00 2,900.00 150.00 2,750.00 5.2 654310 TUITION 4,900.00 4,900.00 4,900.00 654360 OTHER TRAINING 500.00 500.00 500.00 * CAPITAL OUTLAY 2,000.00 2,000.00 2,000.00 March 28, 2016 Old Business 8 -a 10 of 20 764900 DATA PROCESSING 2,000.00 2,000.00 2,000.00 * TRANSFERS 592,800.00 592,800.00 148,200.00 444,600.00 25.0 911930 TRANS TO 193 TD 140,700.00 140,700.00 35,175.00 105,525.00 25.0 913140 TRANS TO 314 MU 452,100.00 452,100.00 113,025.00 339,075.00 25.0 * TRANSFER CONST 40,400.00 40,400.00 3,455.40 36,944.60 8.6 930700 TC BUDGET TRANS 40,400.00 40,400.00 3,455.40 36,944.60 8.6 RESERVES 233,900.00 233,900.00 233,900.00 991000 RESERVE FOR CON 51,700.00 51,700.00 51,700.00 992100 RESV ATTRITION 17,800.00- 17,800.00- 17,800.00- 998000 RESV FOR CASH B 200,000.00 200,000.00 200,000.00 1st Qtr FYI 6-Revenue Fund / Comm Item Amended Budget Available Adopted Budget Commitment Actual % Enc/Act ** 198 MUSEUM REVENUE - OPERATING Sub- 2,749,600.00- 1,945,900.00- 2,750,600.00- 1,946,900.00- 177,242.76- 177,242.76- 2,573,357.24- 1,769,657.24- 6.4 9.1 314300 3% TOURIST DEVE 1,883,500.00- 1,883,500.00- 172,770.71- 1,710,729.29- 9.2 347310 GROUP TOUR TAXA 2,000.00- 2,000.00- 260.00- 1,740.00- 13.0 347311 GROUP TOUR NON 1,000.00- 1,000.00- 1,000.00- 347321 COPYING SERV NO 690.00- 690.00 347911 FACILITY RENTAL 20,000.00- 20,000.00- 20,000.00- 347940 FACILITY RENTAL 4,000.00- 4,000.00- 4,000.00- 361170 OVERNIGHT INTER 44.93 - 44.93 361180 INVESTMENT INTE 2,400.00- 2,400.00- 1,864.36- 535.64- 77.7 361320 INTEREST TAX CO 366900 CONTRIBUTIONS 33,000.00- 34,000.00- 936.00- 33,064.00- 2.8 369300 REIMB FOR PY EX 663.56- 663.56 369301 SETTLEMENTS 13.20- 13.20 369400 PRIOR YEAR REV * CONTRIBUTION AND TRANSFE 803,700.00- 803,700.00- 803,700.00- 481001 TRANS FIRM 001 G 200,000.00- 200,000.00- 200,000.00- 486700 TRANS FROM TAX 489200 CARRY FORWARD G 701,000.00- 701,000.00- 701,000.00- 489900 NEG 5% EST REV 97 300.00 1 97 300.00 97 300.00 March 28, 2016 Old Business 8 -a 11 of 20 Tourist Development Tax Funds FY 20161St Quarter Budget to Actual Report Standard Commitment Item Format, Project Summary, and Project Commitment Item Format Project Funds 183 & 195 March 28, 2016 Old Business 8 -a 12 of 20 1st Qtr FY16- Expenditures Fund / Comm Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Ac Standard Commitment Item Format ** 183 TDC BEACH PARK FAC * OPERATING EXPENSE 9,896,700.00 536,600.00 14,760,300.99 611,440.93 806,359.66 144,953.72 96,378.56 14,112.03 13,862,562.77 457,375.18 6.1 25.8 631400 ENG FEES 30,576.18 5,349.00 25,227.18 17.5 631401 ENG FEES DESIGN 1,695.06 3,411.56 1,183.50 2,900.00- 271.1 631500 ARCHITECTURAL F 22,475.25 34,441.30 3,930.95 15,897.00- 170.7 631990 OTHER PROFESSIO 52,500.00 52,500.00- 634970 INDIRECT COST R 11,600.00 11,600.00 11,600.00 100.0 634980 INTERDEPT PAYME 25,071.43 634999 OTHER CONTRACTU 5,000.00 19,126.43 10,945.00 63.6 646110 BUILDING RM OUT 646317 FENCING MAINTEN 100,000.00 100,000.00 100,000.00 646319 TREE TRIMMING 50,000.00 50,000.00 50,000.00 646320 LANDSCAPE MATER 150,000.00 150,000.00 150,000.00 646388 RESURFACING 18,502.42 7,997.58 26,500.00- 646983 PAVEMENT MARK & 80,000.00 80,000.00 80,000.00 649010 LICENSES AND PE 1,000.00 1,000.00- 649100 LEGAL ADVERTISI 652992 ELECTRICAL CONT 23.01 23.01 100.0 653710 TRAFFIC SIGNS 50,000.00 50,000.00 50,000.00 653900 OTHER ROAD MATE 90,000.00 90,000.00 90,000.00 * CAPITAL OUTLAY 672,000.00 5,455,760.06 661,405.94 80,656.62 4,713,697.50 13.6 762200 BUILDING IMPROV 300,000.00 300,856.72 300,856.72 763100 IMPROVEMENTS GE 200,000.00 4,982,903.34 661,405.94 80,656.62 4,240,840.78 14.9 764220 RADIOS AND EQUI 172,000.00 172,000.00 172,000.00 * GRANTS AND DEBT SERVICE 881300 REMITT TO MUNIC * TRANSFERS 60,000.00 60,000.00 60,000.00 911840 TRANS TO 184 TD 60,000.00 60,000.00 60,000.00 * TRANSFER CONST 20,000.00 20,000.00 1,609.91 18,390.09 8.0 930700 TC BUDGET TRANS 20,000.00 20,000.00 1,609.91 18,390.09 8.0 * RESERVES 8,608,100.00 8,613,100.00 8,613,100.00 991000 RESERVE FOR CON 1 120,900.00 120,900.00 120,900.00 993000 RESERVE FOR CAP 8,487,200.00 8,492,200.00 8,492,200.00 1st Qtr FY16- Revenue Fund / Comm Item Adopted Budget Actual Available Commitment % Enc /Ac Amended Budget " 183 TDC BEACH PARK FAC REVENUE - OPERATING Sub- 9,896,700.00- 937,600.00- 14,760,300.99- 937,600.00- 109,427.61- 109,427.61- 14,650,873.38- 828,172.39- 0.7 11.7 314300 3% TOURIST DEVE 877,600.00- 877,600.00- 80,495.66- 797,104.34- 9.2 361170 OVERNIGHT INTER 779,64- 779,64 361180 INVESTMENT INTE 60,000.00- 60,000.00- 28,152.31- 31,847.69- 46.9 361320 INTEREST TAX CO * CONTRIBUTION AND TRANSFE 8,959,100.00- 13,822,700.99-1 13,822,700.99- 486700 TRANS FROM TAX 489200 CARRY FORWARD G 9,006,100.00- 9,006,100.00- 9,006,100.00- 489201 CARRY FORWARD O 4,863,600.99- 4,863,600.99- 489900 NEG 5% EST REV 47 000.00 47 000.00 47,000.00 March 28, 2016 Old Business 8 -a 13 of 20 Fund 183 1st Qtr FY16 Fund Prog / Com Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Ac Project Summary Format * ** Grand Total -Fd Pg /CI ** 31183 Operating Fund 183 9,896,700.00 11,600.00 14,760,300.99 11,600.00 806,359.66 11,600.00 96,378.56 13,862,562.77 6.1 100.0 ** 80141 Rem Vand Beach Acc -------225,000.00 _ 225,000.00 ** 80143 Delnor Park Entran 750,000.0_0 15,000.00 735,000.00 2.0 ** 80187 CB TumaroundFacil ** 80194 BF Park Drainage 1 280,000.00 5,000.00 275,000.00 1.8 * 80242 Barefoot Beach ADA 163,120.00 77,614.42 11,144.58 74,361.00 54.4 ** 80243 Wildlife Proof Can 60,000.00 60,000.00 60,000.00 ** 80244 Clam Pass EZ Paddl 5,000.00 200,000.00 28,000.00 28,000.00 ** 80246 Tigertail Bch Towe 198,986.11 88,363.10 81,840.12 28,782.89 85.5 ** 80291 Naples Pier Restro 600,000.00 200,000.00 600,000.00 ** 80292 EXOTIC REMOVAL 5,000.00 ** 80330 BarefootBch Bwalk 10,000.00 190,000.00 5.0 ** 80331 Beach Wheel Chairs 12,000.00 12,000.00 12,000.00 ** 80332 Clam Pass Restroom 300,000.00 300,000.00 15,000.00 285,000.00 5.0 ** 80333 ClamPass BrdMk Re 100,000.00 100,000.00 100,000.00 * 80334 ClamPass Trim Mang 50,000.00 50,000.00 6,700.00 43,300.00 13.4 ** 80335 N Gulf Shore Acces 40,000.00 40,000.00 3,730.00 36,270.00 9.3 ** 80336 S Marco Parking Lo 90,000.00 90,000.00 4,895.00 85,105.00 5.4 ** 80337 S Marco Boardwalk 110,000.00 110,000.00 3,730.00 106,270.00 3.4 ** 80338 Ti ertail Entr Imp 50,000.00 50,000.00 50,000.00 ** 80339 Vand Park Restri i 80,000.00 80,000.00 80,000.00 ** 80340 BEACH SECURITY CAM 100,000.00 100,000.00 100,000.00 ** 88038 Ti ertail Beach Ba 200,000.00 4,000.00 196,000.00 2.0 *" 88039 Seagate Bathroom S 48,992.50 1,000.00 47,992.50 2.0 *" 88040 ClamPass Piling In 28,907.18 3,680.00 25,227.18 12.7 ** 88041 Clam Pass Concessi 93,419.20 20,391.70 1,783.95 71,243.55 23.7 ** 88042 CP Derelict Mated 25,000.00 25,000.00 ** 88043 CP Parking Renovat 475,000.00 475,000.00 "* 88044 CP Bdwalk Ren 16 650,000.00 533,892.00 116,108.00 82.1 ** 90046 Vanderbilt Restroo 3,697.03 1,763.44 1,933.59 47.7 ** 90093 Ti ertail Restroom 1,093,478.97 1,093,478.97 ** 99183 Fund 183 Res /Xfers 8,688,100.00 8,693,100.00 1,609.91 8,691,490.09 0.0 March 28, 2016 Old Business 8 -a 14 of 20 Fund 183 1st Qtr FY16 - Line Item Detail Fund Prog / Com Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Ac Project Commitment Item Format * ** Grand Total -Fd Pg /CI ** 31183 Operating Fund 183 9,896,700.00 11,600.00 14,760,300.99 11,600.00 806,359.66 11,600.00 96,378.56 13,862,562.77 6.1 100.0 OPERATING EXPENSE 11,600.00 11,600.00 11,600.00 100.0 634970 INDIRECT COST R 11,600.00 11,600.00 11,600.00 100.0 ** 80141 Rem Vand Beach Acc 225,000.00 225,000.00 * CAPITAL OUTLAY 225,000.00 225,000.00 763100 IMPROVEMENTS GE 225,000.00 225,000.00 ** 80143 Delnor Park Entran 750,000.00 15,000.00 735,000.00 2.0 * OPERATING EXPENSE 15,000.00 15,000.00- 631990 OTHER PROFESSIO 15,000.00 15,000.00- * CAPITAL OUTLAY 750,000.00 750,000.00 763100 IMPROVEMENTS GE 750,000.00 750,000.00 ** 80187 CB TumaroundFacil * OPERATING EXPENSE 631500 ARCHITECTURAL F * CAPITAL OUTLAY 763100 IMPROVEMENTS GE ** 80194 BF Park Drainage 1 280,000.00 5,000.00 275,000.00 1.8 * OPERATING EXPENSE 5,000.00 5,000.00- 631990 OTHER PROFESSIO 5,000.00 5,000.00- * CAPITAL OUTLAY 280,000.00 280,000.00 763100 IMPROVEMENTS GE 280,000.00 280,000.00 ** 80242 Barefoot Beach ADA 163,120.00 77,614.42 11,144.58 74,361.00 54.4 * OPERATING EXPENSE 37,652.42 11,144.58 48,797.00- 631401 ENG FEES DESIGN 2,900.00 2,900.00- 631500 ARCHITECTURAL F 13,750.00 2,147.00 15,897.00- 631990 OTHER PROFESSIO 2,500.00 2,500.00- 646388 RESURFACING 18,502.42 7,997.58 26,500.00- 649010 LICENSES AND PE 1,000.00 1,000.00- * CAPITAL OUTLAY 163,120.00 39,962.00 123,158.00 24.5 763100 IMPROVEMENTS GE 163,120.00 39,962.00 123,158.00 24.5 ** 80243 Wildlife Proof Can 60,000.00 60,000.00 60,000.00 * CAPITAL OUTLAY 60,000.00 60,000.00 60,000.00 764220 RADIOS AND EQUI 60,000.00 60,000.00 60,000.00 ** 80244 Clam Pass EZ Paddl 28,000.00 28,000.00 * OPERATING EXPENSE 634999 OTHER CONTRACTU 646110 BUILDING RM OUT * CAPITAL OUTLAY 28,000.00 28,000.00 763100 IMPROVEMENTS GE 28,000.00 28,000.00 ** 80246 Ti ertail Bch Towe 198,986.11 88,363.10 81,840.12 28,782.89 85.5 * OPERATING EXPENSE 1,994.66 811.16 1,183.50 100.0 631401 ENG FEES DESIGN 1,695.06 511.56 1,183.50 100.0 631500 ARCHITECTURAL F 299.60 299.60 100.0 649010 LICENSES AND PE 649100 LEGAL ADVERTISI CAPITAL OUTLAY 196,991.45 87,551.94 80,656.62 28,782.89 85.4 763100 IMPROVEMENTS GE 196,991.45 87,551.94 80,656.62 28,782.89 85.4 ** 80291 Naples Pier Restro 600,000.00 600,000.00 * CAPITAL OUTLAY 600,000.00 600,000.00 763100 IMPROVEMENTS GE 5,000.00 5,000.00 5,000.00 200,000.00 600,000.00 600,000.00 * GRANTS AND DEBT SERVICE 881300 REMITT TO MUNIC 200,000.00 ** 80292 EXOTIC REMOVAL 5,000.00 OPERATING EXPENSE 5,000.00 634999 OTHER CONTRACTU 5,000.00 ** 80330 BarefootBch Bwalk 10,000.00 190,000.00 5.0 * OPERATING EXPENSE 10,000.00 10,000.00- 631990 OTHER PROFESSIO 10,000.00 10,000.00- * CAPITAL OUTLAY 200,000.00 200,000.00 200,000.00 763100 IMPROVEMENTS GE 200,000.00 200,000.00 200,000.00 ** 80331 Beach Wheel Chairs 12,000.00 12,000.00 12,000.00 * CAPITAL OUTLAY 12,000.00 12,000.00 12,000.00 764220 RADIOS AND EQUI 12,000.00 12,000.00 12,000.00 ** 80332 Clam Pass Restroom 300,000.00 300,000.00 15,000.00 285,000.00 5.0 * OPERATING EXPENSE 15,000.00 15,000.00- 631990 OTHER PROFESSIO 15,000.00 15,000.00- * CAPITAL OUTLAY 300,000.00 300,000.00 1 300,000.00 March 28, 2016 Old Business 8 -a 15 of 20 762200 BUILDING IMPROV 300,000.00 300,000.00 300,000.00 ** 80333 ClamPass Brdwlk Re 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 OPERATING EXPENSE 100,000.00 100,000.00 646317 FENCING MAINTEN 100,000.00 100,000.00 ** 80334 ClamPass Trim Mang 50,000.00 50,000.00 6,700.00 43,300.00 13.4 OPERATING EXPENSE 50,000.00 50,000.00 6,700.00 6,700.00 43,300.00 6,700.00- 13.4 634999 OTHER CONTRACTU 646319 TREE TRIMMING 50,000.00 50,000.00 40,000.00 3,730.00 50,000.00 36,270.00 ** 80335 N Gulf Shore Acces 40,000.00 9.3 OPERATING EXPENSE 40,000.00 40,000.00 3,730.00 36,270.00 9.3 634999 OTHER CONTRACTU 40,000.00 3,730.00 3,730.00- 646320 LANDSCAPE MATER 40,000.00 40,000.00 ** 80336 S Marco Parking Lo 90,000.00 90,000.00 4,895.00 85,105.00 5.4 OPERATING EXPENSE 90,000.00 90,000.00 4,895.00 85,105.00 5.4 634999 OTHER CONTRACTU 4,895.00 4,895.00- 653900 OTHER ROAD MATE -- 90,000.00 90,000.00 —— -- 90,000.00 — * 80337 S Marco Boardwalk 110,000.00 110,000.00 110,000.00 110,000.00 3,730.00 3,730.00 106,270.00 106,270.00 3,730.00- 3.4 * OPERATING EXPENSE 3.4 634999 OTHER CONTRACTU 3,730.00 646320 LANDSCAPE MATER 110,000.00 110,000.00 50,000.00 110,000.00 ** 80338 Ti ertail Entr Imp 50,000.00 50,000.00 50,000.00 OPERATING EXPENSE 50,000.00 50,000.00 653710 TRAFFIC SIGNS 50,000.00 50,000.00 50,000.00 80,000.00 * 80339 Vand Park Restri i 80,000.00 80,000.00 80,000.00 * OPERATING EXPENSE 80,000.00 80,000.00 646983 PAVEMENT MARK & 80,000.00 80,000.00 80,000.00 100,000.00 100,000.00 ** 80340 BEACH SECURITY CAM 100,000.00 100,000.00 CAPITAL OUTLAY 100,000.00 100,000.00 764220 RADIOS AND EQUI 100,000.00 100,000.00 4,000.00 100,000.00 * 88038 Ti ertail Beach Ba 200,000.00 196,000.00 2.0 * OPERATING EXPENSE 4,000.00 4,000.00- 631990 OTHER PROFESSIO 4,000.00 4,000.00 - CAPITAL OUTLAY 200,000.00 200,000.00 763100 IMPROVEMENTS GE 200,000.00 200,000.00 ** 88039 Seagate Bathroom S 48,992.50 1,000.00 1,000.00 47,992.50 2.0 OPERATING EXPENSE 1,000.00- 1,000.00- --_ _. - -- 631990 OTHER PROFESSIO 1,000.00 634980 INTERDEPT PAYME 48,992.50 48,992.50 CAPITAL OUTLAY 763100 IMPROVEMENTS GE 48,992.50 48,992.50 ** 88040 ClamPass Piling In 28,907.18 3,680.00 3,680.00 25,227.18 12.7 12.7 12.7 OPERATING EXPENSE 28,907.18 25,227.18 631400 ENG FEES 28,907.18 3,680.00 25,227.18 649010 LICENSES AND PE 23.7 649100 LEGAL ADVERTISI 20,391.70 ** 88041 Clam Pass Concessi 93,419.20 1,783.95 71,243.55 OPERATING EXPENSE 22,175.65 20,391.70 20,391.70 1,783.95 100.0 100.0 631500 ARCHITECTURAL F 22,175.65 1,783.95 634999 OTHER CONTRACTU 649010 LICENSES AND PE CAPITAL OUTLAY 71,243.55 71,243.55 763100 IMPROVEMENTS GE 71,243.55 71,243.55 ** 88042 CP Derelict Materi 25,000.00 25,000.00 OPERATING EXPENSE 25,000.00 25,000.00 634999 OTHER CONTRACTU 25,000.00 25,000.00 ** 88043 CP Parking Renovat 475,000.00 475,000.00 * OPERATING EXPENSE 631500 ARCHITECTURAL F CAPITAL OUTLAY 475,000.00 475,000.00 763100 IMPROVEMENTS GE 475,000.00 650,000.00 475,000.00 * 88044 CP Bdwalk Ren 16 533,892.00 116,108.00 82.1 OPERATING EXPENSE 649010 LICENSES AND PE 116,108.00 82.1 CAPITAL OUTLAY 650,000.00 533,892.00 763100 IMPROVEMENTS GE 650,000.00 533,892.00 1,763.44 116,108.00 82.1 * 90046 Vanderbilt Restroo 3,697.03 1,763.44 1,933.59 47.7 OPERATING EXPENSE 1,763.44 100.0 631400 ENG FEES 1,669.00 1,669.00 100.0 100.0 634980 INTERDEPT PAYME 634999 OTHER CONTRACTU 71.43 71.43 652992 ELECTRICAL CONT 23.01 23.01 100.0 * CAPITAL OUTLAY 1,933.59 1 1,933.59 March 28, 2016 Old Business 8 -a 16 of 20 762200 BUILDING IMPROV 856.72 856.72 763100 IMPROVEMENTS GE 1,076.87 1,093,478.97 1,076.87 ** 90093 Ti ertail Restroom 1,093,478.97 1,093,478.97 CAPITAL OUTLAY 1,093,478.97 763100 IMPROVEMENTS GE 1,093,478.97 1,093,478.97 ** 99183 Fund 183 Res /Xfers 8,688,100.00 8,693,100.00 1,609.91 8,691,490.09 _ 0.0 TRANSFERS 60,000.00 60,000.00 60,000.00 911840 TRANS TO 184 TD 60,000.00 60,000.00 60,000.00 * TRANSFER CONST 20,000.00 20,000.00 1,609.91 18,390.09 8.0 930700 TC BUDGET TRANS 20,000.00 20,000.00 1,609.91 18,390.09 8.0 RESERVES 8,608,100.00 8,613,100.00 8,613,100.00 991000 RESERVE FOR CON 120,900.00 120,900.00 8,492,200.00 120,900.00 993000 RESERVE FOR CAP 8,487,200.00 8,492,200.00 March 28, 2016 Old Business 8 -a 17 of 20 1st Qtr FY16- Expenditures Fund / Comm Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Ac Standard Commitment Item Format ** 195 TDC -BEACH RENOUR PERSONAL SERVICE 31,036,400.00 34,331,095.00 14,483.70 2,444,353.01 957,866.93 30,928,875.06 14,483.70 9.9 512100 REGULAR SALARIE 512600 ER 457 513100 OTHER SALARIES 14,483.70 14,483.70 514100 OVERTIME 521100 SOCIAL SECURITY 522100 RETIREMENT REGU * OPERATING EXPENSE 3,090,900.00 4,968,672.08 2,361,405.01 610,150.07 1,997,117.00 59.8 631400 ENG FEES 2,265,000.00 2,696,615.61 306,678.76 187,477.46 2,202,459.39 18.3 631410 SURVEYING FEES 5,000.00 5,000.00 631990 OTHER PROFESSIO 10,000.00 10,000.00 634970 INDIRECT COST R 68,700.00 40,061.90 68,700.00 28,638.10- 171.5 634980 INTERDEPT PAYME 634990 LANDSCAPE INCID 41,210.00 41,210.00 634992 OTHER CONTRACTU 25,000.00 25,000.00 634999 OTHER CONTRACTU 694,700.00 2,012,092.42 1,981,426.25 389,624.75 358,958.58- 117.8 639990 OTHER CONTRACTU 25,000.00 25,000.00 640300 TRAVEL PROF DEV 640410 MOTOR POOL RENT 600.00 1,200.00 1,200.00 640600 PRIV VEH RENT /L 641950 POST FREIGHT UP 10,000.00 10,000.00 643300 TRASH AND GARB 7,209.17 7,209.17- 644170 RENT TEMP STORA 645260 AUTO INSURANCE 4,600.00 4,600.00 4,600.00 100.0 646430 FLEET MAINT ISF 10,900.00 23,134.84 1,816.66 21,318.18 7.9 646440 FLEET MAINT PAR 16,100.00 15,545.84 599.26 14,946.58 3.9 646445 FLEET NON MAINT 4,800.00 277.88 277.88- 647110 PRINTING AND OR 3,000.00 3,000.00 649010 LICENSES AND PE 3,266.58 20,452.95 17,186.37- 626.1 649030 CLERKS RECORDIN 649100 LEGAL ADVERTISI 652110 CLOTHING AND UN 780.00 455.50 324.50 58.4 652140 PERSONAL SAFETY 652490 FUEL AND LUB IS 25,500.00 46,370.73 2,236.44 44,134.29 4.8 652910 MINOR OPERATING 1,500.00 1,500.00 652990 OTHER OPERATING 4,294.16 4,294.16 * CAPITAL OUTLAY 3,079,000.00 4,549,944.22 82,948.00 2,400.00 4,464,596.22 1.9 762600 BEACH RENOURISH 525,000.00 533,089.52 533,089.52 763100 IMPROVEMENTS GE 2,554,000.00 3,963,854.70 3,963,854.70 764110 AUTOS AND TRUCK 53,000.00 82,948.00 29,948.00- 156.5 764990 OTHER MACHINERY 2,400.00 2,400.00- * TRANSFERS 923,900.00 923,900.00 332,075.00 591,825.00 35.9 910010 TRANS TO 001 GE 164,800.00 164,800.00 164,800.00 100.0 911840 TRANS TO 184 TD 90,000.00 90,000.00 90,000.00 911850 TRANS TO 185 TD 669,100.00 669,100.00 167,275.00 501,825.00 25.0 TRANSFER CONST 145,000.00 145,000.00 13,241.86 131,758.14 9.1 930700 TC BUDGET TRANS 145,000.00 145,000.00 13,241.86 131,758.14 9.1 RESERVES 23,797,600.00 23,729,095.00 _ 23,729,095.00 991100 RESERVE FOR CON 13,200,000.00 13,200,000.00 13,200,000.00 993000 RESERVE FOR CAP 4,527,600.00 4,459,095.00 4,459,095.00 994500 RES FOR FUTURE 6,070,000.00 6,070,000.00 6,070,000.00 1 st Qtr FY16- Revenue Fund / Comm Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Ac *` 195 TDC - BEACH RENOUR REVENUE - OPERATING Sub- 31,036,400.00- 7,308,100.00- 34,331,095.00- 7,308,100.00- 734,852.13- 734,852.13- 33,596,242.87- 6,573,247.87- 2.1 10.1 314300 3% TOURIST DEVE 7,218,100.00- 7,218,100.00- 662,092.99- 6,556,007.01- 9.2 331220 FEMA FED EM MGT 8,873.10- 8,873.10 334225 PUBLIC SAFETY -F 1,478.85- 1,478.85 361170 OVERNIGHT INTER 1,737.84- 1,737.84 361180 INVESTMENT INTE 90,000.00- 90,000.00- 60,669.35- 29,330.65- 67.4 361320 INTEREST TAX CO 369802 REIMB FOR CURRE * CONTRIBUTION AND TRANSFE 23,728,300.00- 27,022,995.00- 27,022,995.00- 486700 TRANS FROM TAX 489200 CARRY FORWARD G 1 24,093,800.00- 24,093,800.00- 24,093,800.00- 489201 CARRY FORWARD O 1 1 3,294,695.00- 3,294,695.00- 489900 NEG 5% EST REV 1 365 500.00 1 365 500.00 1 1 365 500.00 March 28, 2016 Old Business 8 -a 18 of 20 Fund 195 1st Qtr FY16 Fund Prog / Com Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Ac Project Summary Format * ** Grand Total -Fd Pg/CI ** 80165 Co Beach Analysis 31,036,400.00 50,000.00 34,331,095.00 55,642.70 2,444,353.01 790.92 957,866.93 621.00 30,928,875.06 54,230.78 9.9 2.5 ** 80171 Beach Tilling 40,000.00 51,355.70 51,355.70 * 80210 WP ChaStrai htDike 275.00 275.00 100.0 ** 80288 Wiggns Pass Dredge 25,000.00 287,750.93 68,873.50 190,628.50 28,248.93 90.2 ** 80301 Beach Renourish -Ge 2,500,000.00 2,500,000.00 2,500,000.00 * 88032 Clam Pass Dredge 178,000.00 529,505.25 61,605.00 467,900.25 11.6 ** 90020 TDC - Administrati 68,700.00 112,664.94 81,731.25 30,933.69 72.5 *' 90029 Doctors Pass S Jet 500,000.00 602,361.34 36,888.09 73,788.16 491,685.09 18.4 * 90033 Near Shore Hard Bo 165,000.00 234,316.00 9,184.70 60,131.30 165,000.00 29.6 ** 90038 TS Debbie Naples B 27,737.38 870.00 26,867.38 3.1 ** 90044 Vegetation Repairs 277,121.41 277,121.41 ** 90061 TS Debbie Marco Is 525,000.00 525,000.00 56,943.25 705.75 467,351.00 11.0 '* 90062 Marco Ctr Bch Re r 1,000,000.00 1,120,234.30 80,740.75 51,090.45 988,403.10 11.8 *' 90064 Collier Creek Feas 500,000.00 540,868.73 30,285.15 10,436.25 500,147.33 7.5 ** 90065 FDEP LGFR ANALYSIS 14,000.00 14,009.00 14,009.00 ** 90069 CLAM PASS BCH MAIN 68,505.00 67,069.40 1,435.00 0.60 100.0 ** 90096 Naples Pier Annual 1,464,464.00 1,464,414.00 50.00 100.0 * 90297 Shorebird Monitori 28,000.00 28,000.00 28,000.00 ** 90527 County/Naples Beac 200,000.00 360,922.00 160,922.00 160,922.00 39,078.00 89.2 * 90533 Beach Cleaning 186,200.00 336,097.01 87,548.00 14,994.91 233,554.10 30.5 ** 90536 County/Naples Beac 165,000.00 371,269.31 236,212.00 47,796.75 87,260.56 76.5 ** 90549 Doctors Pass Dredg 25,000.00 25,000.00 25,000.00 ** 99195 Fund 195 Res /Xfers 1 24,866,500.00 1 24,797,995.00 345,316.86 1 24,452,678.14 1 1.4 March 28, 2016 Old Business 8 -a 19 of 20 Fund 195 1st Qtr FY16 Fund Prog / Corn Item Adopted Budget Amended Budget Commitment Actual Available % Enc /Ac Project Commitment Item Format * ** Grand Total -Fd Pg/CI ** 80165 Co Beach Analysis 31,036,400.00 50,000.00 34,331,095.00 55,642.70 2,444,353.01 790.92 957,866.93 621.00 30,928,875.06 54,230.78 9.9 2.5 * OPERATING EXPENSE 50,000.00 55,642.70 790.92 621.00 54,230.78 2.5 631400 ENG FEES 50,000.00 52,927.67 790.92 621.00 51,515.75 2.7 634980 INTERDEPT PAYME 649010 LICENSES AND PE 2,715.03 2,715.03 649100 LEGAL ADVERTISI 51,355.70 51,355.70 ** 80171 Beach Tilling 40,000.00 * OPERATING EXPENSE 639990 OTHER CONTRACTU * CAPITAL OUTLAY 40,000.00 51,355.70 51,355.70 763100 IMPROVEMENTS GE 40,000.00 51,355.70 51,355.70 * 80210 WP ChaStrai htDike 275.00 275.00 100.0 * OPERATING EXPENSE 275.00 275.00 100.0 634999 OTHER CONTRACTU 275.00 275.00 100.0 * 80288 Wiggns Pass Dredge 25,000.00 287,750.93 68,873.50 190,628.50 28,248.93 90.2 * OPERATING EXPENSE 25,000.00 287,750.93 68,873.50 190,628.50 28,248.93 90.2 631400 ENG FEES 25,000.00 45,446.93 7,110.50 9,722.50 28,613.93 37.0 634999 OTHER CONTRACTU 242,304.00 61,763.00 180,906.00 365.00- 100.2 649100 LEGAL ADVERTISI ** 80301 Beach Renourish -Ge 2,500,000.00 2,500,000.00 2,500,000.00 * CAPITAL OUTLAY 2,500,000.00 2,500,000.00 2,500,000.00 763100 IMPROVEMENTS GE 2,500,000.00 2,500,000.00 2,500,000.00 ** 88032 Clam Pass Dredge 178,000.00 529,505.25 61,605.00 467,900.25 11.6 * OPERATING EXPENSE 178,000.00 185,505.25 61,605.00 123,900.25 33.2 631400 ENG FEES 6,128.19 16,796.00 10,667.81- 274.1 634999 OTHER CONTRACTU 178,000.00 179,377.06 44,809.00 134,568.06 25.0 * CAPITAL OUTLAY 344,000.00 344,000.00 763100 IMPROVEMENTS GE 344,000.00 344,000.00 * 90020 TDC - Administrati 68,700.00 112,664.94 81,731.25 30,933.69 72.5 * OPERATING EXPENSE 68,700.00 112,664.94 81,731.25 30,933.69 72.5 631400 ENG FEES 634970 INDIRECT COST R 68,700.00 40,061.90 68,700.00 28,638.10- 171.5 634999 OTHER CONTRACTU 72,603.04 13,031.25 59,571.79 17.9 640300 TRAVEL PROF DEV ** 90029 Doctors Pass S Jet 500,000.00 602,361.34 36,888.09 73,788.16 491,685.09 18.4 * OPERATING EXPENSE 500,000.00 602,361.34 36,888.09 73,788.16 491,685.09 18.4 631400 ENG FEES 500,000.00 602,361.34 36,888.09 64,983.66 500,489.59 16.9 641950 POST FREIGHT UP 649010 LICENSES AND PE 8,804.50 8,804.50- 649030 CLERKS RECORDIN 649100 LEGAL ADVERTISI ** 90033 Near Shore Hard Bo 165,000.00 234,316.00 9,184.70 60,131.30 165,000.00 29.6 * OPERATING EXPENSE 165,000.00 234,316.00 9,184.70 60,131.30 165,000.00 29.6 631400 ENG FEES 165,000.00 234,316.00 9,184.70 60,131.30 165,000.00 29.6 ** 90038 TS Debbie Naples B 27,737.38 870.00 26,867.38 3.1 PERSONAL SERVICE 14,483.70 14,483.70 512100 REGULAR SALARIE 512600 ER 457 513100 OTHER SALARIES 14,483.70 14,483.70 514100 OVERTIME 521100 SOCIAL SECURITY 522100 RETIREMENT REGU * OPERATING EXPENSE 5,164.16 870.00 4,294.16 16.8 631400 ENG FEES 870.00 870.00 100.0 640600 PRIV VEH RENT /L 652990 OTHER OPERATING 4,294.16 4,294.16 * CAPITAL OUTLAY 8,089.52 8,089.52 762600 BEACH RENOURISH 8,089.52 8,089.52 ** 90044 Vegetation Repairs 277,121.41 277,121.41 * OPERATING EXPENSE 115,121.41 115,121.41 634990 LANDSCAPE INCID 41,210.00 41,210.00 634999 OTHER CONTRACTU 73,911.41 73,911.41 652990 OTHER OPERATING * CAPITAL OUTLAY 162,000.00 162,000.00 763100 IMPROVEMENTS GE 162,000.00 162,000.00 ** 90061 TS Debbie Marco Is 525,000.00 525,000.00 56,943.25 705.75 467,351.00 11.0 * OPERATING EXPENSE 1 1 56,943.25 705.75 1 57.649.00- March 28, 2016 Old Business 8 -a 20 of 20 631400 ENG FEES 56,943.25 705.75 57,649.00 - CAPITAL OUTLAY 525,000.00 525,000.00 525,000.00 762600 BEACH RENOURISH 525,000.00 525,000.00 525,000.00 90062 Marco Ctr Bch Regr 1,000,000.00 1,120,234.30 80,740.75 51,090.45 988,403.10 11.8 OPERATING EXPENSE 1,000,000.00 1,120,234.30 80,740.75 51,090.45 988,403.10 11.8 631400 ENG FEES 1,000,000.00 1,120,182.75 80,740.75 39,442.00 1,000,000.00 10.7 649010 LICENSES AND PE 51.55 11,648.45 11,596.90- 22,596.4 90064 Collier Creek Feas 500,000.00 500,000.00 540,868.73 30,285.15 10,436.25 500,147.33 7.5 - 7.5 OPERATING EXPENSE 540 868.73 30,285.15 10,436.25 10,436.25 500,147.33 500,147.33 631400 ENG FEES 500,000.00 540,868.73 30,285.15 7.5 ** 90065 FDEP LGFR ANALYSIS 14,000.00 14,009.00 9.00 9.00 14,009.00 * OPERATING EXPENSE 9.00 631400 ENG FEES 9.00 CAPITAL OUTLAY 14,000.00 14,000.00 14,000.00 14,000.00 763100 IMPROVEMENTS GE 14,000.00 14,000.00 ** 90069 CLAM PASS BCH MAIN 68,505.00 67,069.40 1,435.00 0.60 100.0 OPERATING EXPENSE 68,505.00 67,069.40 671069.40 1,435.00 0.60 0.60 50.00 100.0 100.0 631400 ENG FEES 68,505.00 1,464,464.00 1,435.00 * 90096 Naples Pier Annual 1,464,414.00 100.0 * OPERATING EXPENSE 571,965.00 1,464,414.00 1,464,414.00 892,449.00- 892,449.00- 892,499.00 256.0 256.0 634999 OTHER CONTRACTU 571,965.00 892,499.00 CAPITAL OUTLAY 763100 IMPROVEMENTS GE 892,499.00_ 28,000.00 28,000.00 892,499.00 ** 90297 Shorebird Monitori 28,000.00 _ 28,000.00 OPERATING EXPENSE 28,000.00 28,000.00 634999 OTHER CONTRACTU 28,000.00 28,000.00 360,922.00 160,922.00 160,922.00 28,000.00 39,078.00 39,078.00 89.2 89.2 * 90527 County /Naples Beac 200,000.00 160,922.00 * OPERATING EXPENSE 200,000.00 360,922.00 160,922.00 634999 OTHER CONTRACTU 200,000.00 360,922.00 336,097.01 283,097.01 160,922.00 160,922.00 39,078.00 89.2 30.5 6.1 ** 90533 Beach Cleaning 186,200.00 87,548.00 14,994.91 233,554.10_ * OPERATING EXPENSE 186,200.00 4,600.00 12,594.91 265,902.10 631410 SURVEYING FEES 5,000.00 171,465.60 5,000.00 634999 OTHER CONTRACTU 123,700.00 17.1,465.60 1,200.00 640410 MOTOR POOL RENT 600.00 1,200.00 641950 POST FREIGHT UP 10,000.00 7,209.17 10,000.00 643300 TRASH AND GARB 7,209.17- 644170 RENT TEMP STORA 645260 AUTO INSURANCE 4,600.00 4,600.00 4,600.00 100.0 646430 FLEET MAINT ISF 10,900.00 _ 23,134.84 1,816.66 21,318.18 14,946.58 7.9 3.9 646440 FLEET MAINT PAR 16,100.00 15,545.84 599.26 646445 FLEET NON MAINT 4,800.00 277.88 277.88- 647110 PRINTING AND OR 3,000.00 3,000.00 649010 LICENSES AND PE 500.00 500.00 652110 CLOTHING AND UN 780.00 455.50 324.50 44,134.29 58.4 652140 PERSONAL SAFETY 25,500.00 652490 FUEL AND LUB IS 46,370.73 2,236.44 4.8 652910 MINOR OPERATING 1,500.00 2,400.00 1,500.00 652990 OTHER OPERATING 82,948.00 32,348.00- _ 161.0 * CAPITAL OUTLAY 53,000.00 764110 AUTOS AND TRUCK 53,000.00 82,948.00 2,400.00 29,948.00- 156.5 76.5 764990 OTHER MACHINERY 2,400.00- 87,260.56 ** 90536 County /Naples Beac 165,000.00 . 371,269.31 - 236,212.00 47,7905 OPERATING EXPENSE 165,000.00 371,269.31 236_,2.12.00 47,796.75 87,260.56 10,000.00 76.5 631990 OTHER PROFESSIO 10,000.00 634992 OTHER CONTRACTU 25,000.00 25,000.00 634999 OTHER CONTRACTU 165,000.00 311,269.31 236,212.00 47,796.75 27,260.56 25,000.00 91.2 639990 OTHER CONTRACTU 25,000.00 25,000.00 ** 90549 Doctors Pass Dredg 25,000.00 25,000.00 OPERATING EXPENSE 25,000.00 25,000.00 25,000.00 631400 ENG FEES 25,000.00 25,000.00 25,000.00 * 99195 Fund 195 Res /Xfers 24,866,500.00 24,797,995.00 345,316.86 24,452,678.14 1.4 * TRANSFERS 923,900.00 164,800.00 923,900.00 164,800.00 90,000.00 332,075.00 164,800.00 591,825.00 35.9 100.0 910010 TRANS TO 001 GE 90,000.00 911840 TRANS TO 184 TD 90,000.00 911850 TRANS TO 185 TD 669,100.00 145,000.00 145,000.00 669,100.00 145,000.00 145,000.00 167,275.00 13,241.86 13,241.86 501,825.00 25.0 9.1 9.1 * TRANSFER CONST 131,758.14 930700 TC BUDGET TRANS 131,758.14 RESERVES 23,797,600.00 23,729,095.00 23,729,095.00 13,200,000.00 991100 RESERVE FOR CON 13,200,000.00 4,527,600.00 13,200,000.00 4059,095.00 993000 RESERVE FOR CAP 4,459,095.00 994500 RES FOR FUTURE 6,070,000.00 6,070,000.00 6,070,000.00 co 0) co C) N O C — N O L Q � N c(0 C L y� L ^cu I - W Y L c� G c0 O7 (0 o N 67 O C N N O Q- C) Q) C L y� L ^co LL Y L cM C oc O a W cc z U Q W H W cc CO Cfl 04 0 OCT C') C14 0 O 0 C= 0 4=J ro u 0 c 0 u Cc + ow-C Cc a L. IMM (3) M t O 0)(0 A r-- O w N (3) O N O ry C,-\ N C d C N Y L (6 2 1 4) mc Low , a 0 •s 40, • N i H Cp + ow-r- :c U © CO � cn V U L L C CD QJ Vi L Oa 0 0 v ai 0 I CO O) CO O � � N 0) O C LO N O U � I m r C O Y N 4p 0 LM O mo co i • a r i ■ l t ! ar • s .c a • i f i i # M-0 a F� LIM R7gIl1lFF+^. V A �® r NWE Cc + NW= to U D CO i N v � L. L CC y 4) (1) CO) L a) C(3 cc E ts lw E Q O (6 J Q1 V 7 O CO Y) CO r � � N O CD N O L Q U O (0 � C M CL c 0 • � 1� c 4) L L MES d u .30 CL i d E 2 us G u C i d i a E C t Ln V N Q Lit Q Ln N r-I r-1 Q 74 LA r-4 0 M+ f+-r- cc U 0 la N V� L C- M y CO) L �Ca E V .N (D N f0 C O Y m Z 0 OJ U 0 Y f0 O 7 w c CL) E CL Q) O co J N U L O V) o D 0 p ri Q O o �O v� \ � Lfl 1-0 - N , �20 o Q a �o N m s ooC � � � -a �G x CL) c 3— M CL � 0 ain `. � a co W `. a d u .30 CL i d E 2 us G u C i d i a E C t Ln V N Q Lit Q Ln N r-I r-1 Q 74 LA r-4 0 M+ f+-r- cc U 0 la N V� L C- M y CO) L �Ca E V .N (D N f0 C O Y m Z 0 OJ U 0 Y f0 O 7 w c CL) E CL Q) O co J N U L O V) Cc + mw_i_- Cc U Ln r-I m r-I r-I N r-I O O O O O O O 0 c0 O N O O N N O N Lj cu D rn M �D 00 �o N 00 L� (.0 C3) . C0 ( N N N N C Q) ° rn o N C- C r O O O O O O O 00 Q� ca �E 0 o � a.� � 't z � N Ln N w N n N - /N c� U O O N O O -t O O N 0 0 r-I 4 CD O N N M N N Lr1 N 'NE&&= O O 0 O O a 0 rt 00 o 4—J r4 r•+ N r4 N r J N M N CL v QO O O O a V l =3 O O O O Ln O Q c-1 N r4 N M N M N N O • - O O O M O O W N N N M N r4 N p i O O O O U � M r4 00 r4 rl � ICZJ- O O N N N N W c m O O O O O O O O: i a n , N N N N W • O O O O o W/ U Q <LnLrir, 0 C O 11) � N N N N 4.j i O O O O O v U O w I- Ln 00 n) N N N N p p z • W O O O O O W p _ 000 QOl Z ti Ln N w N I- N n N v a � v p h OO °1 m O M O lD 0 Ql O i� 0 O •� Ln N Ln N W N I- N 00 N � i p � O U N M lzl- Ln W v OO E O O O O O O O O O O O O O O O O O O O O O `H O r-I r-I O r-I O r-I O W U O O O O O O O O O O O N c .0 Q;OO����ry o � IIII �� v1 M N N N N N N N N N N U lu@wAoldw] Al!lelidsoH pue aansial 1:)aaia AlgluoW CO � CO O w N O 0 00 N O N C co O Y L c� G l0 r-I O r"*'*4 (1) 4 °' o Q =3 r L. O w o LL 4 4� o U Cp + o.+-r— C U � ca W V U � L v W L CU [0 = E V� 1. N O OCT m N O U � C V �L G E cn Q a Q� o 0o u 0 0 0 t\ m E a 0 00 m Ul 4 0 (1) o 0 N 0 0 t\ a 0 0 • N s ao Z O O DC 0 (0 \V V I Ln LO N • a 0 O • v ca V 0 0 V W Cp + U CU W ci � L Cl) L W (a E (.0 N a) O C O CN O _r_ Q � N ca ry N C 0) Q) L C� G 0 Q U Qj Q V c U a ti o N D � S.0 V i m Q V V A a O W ri O N O N a 0 Q0 -i O N O N O O TO �Lr) C , V 101�*c Lr) M m u) N M qcn- in- L / V I r-I M N M t/)- - )- 0 O 0 00 C1 0 m 00 m MMMI 0 N 0 r-I Ol 00 0 O 9i Ql Cp + EW= Cc U D ca V U L L A,� y W � V� L c 0)(0 o A w Np) O 04 o L T Q, \ U O c6 ry cz 0) c m Y L 4-J 1 U !:� a ^L W � N U � a 0 a 0 N 01 O O t.0 r i r-I N �n ul to r4 O I i i i + i a M O 00 I� I� t.O 0 + I� I� w � r- w � r- f+� i� �p r-I r-I °O k.o m � � rn N � � QO N N (14 N r-I r-I ilr) 41r - t/1. 1.4 V/ ill. a M O 00 I� I� t.O 0 + (Z M Ln r-I 4 (,o r-i 4 I� I� (Z Cp + Il_ qzt 00 Ln f+� i� �p r-I r-I (c U k.o m Lr) (.D Q C- N M N QO o m o N r-I (Cl-) o0 + o0 O CC tD zt r-I o0 Qi m M Icfi N � t N M N M f0 r-I r1 r-I N E 1n m 09 ' th m to V)- P tn- 0 rn O 00 r-I r-I r-I (Z M Ln r-I 4 (,o r-i 4 v o" CL u U t.0 0 N Cl I� I� (Z rH Il_ qzt 00 Ln Ln i� �p r-I r-I k.0 k.o m Lr) (.D m ::I- 00 0 of o m o o t�6 r4 o0 4 o0 O o0 tD zt r-I o0 Ln M Icfi N � N N M N M r-'I r-I r1 r-I N r-I � -(/)- V)- V)- th if to V)- -(h tn- v o" CL u U t.0 0 N Cl oo (i N M u1 Ln Cl tD Un (A Q r� M oo Lr) d� Ln r-i m Ln 0 0 0 0 0 0 0 0 0 0 M O R::i- Ln M Ln I_n O M N Lri r-I N O1 r1 t6 Lri M N 4 r- 00 00 t\ 00 � � r- 00 00 �-+ m Q1 ,� a E aj z z U. 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ZZL a1 � Q) N OD V > Ln s N Il*_ Il.-. e-1 r i lDD Q00 m cv r4 r-I Ln r-I m M t.D O r—I ~ V)- -(n- -(h r-I t/? (1*4 N M r-I a i,/)- i!)- qj)- i/l- Ln s N Il*_ Il.-. e-1 t.D M d' 00 t.D r4 r-I Ln r-I m M t.D r1 r—I `♦ V)- -(n- -(h r-I t/? I� Ln (3l 4 a + + + r-I M lD N + X0 _0 `r-D V m 0010 o !3. L 0 lD Ln o0 M L7 Ln -,1fi 00 (�o N N N r-I LA r-I r-I a 0 C c>s -t/)- V'). -Ln -Ln r-I Ln O IZI- O 4 6 4 + I + M s N Il*_ Il.-. Ln t.D M d' 00 t.D r4 r-I Ln r-I m M N M r-I i!} V)- -(n- -(h M s N Il*_ Il.-. Ln t.D M d' 00 t.D r4 00 -4 00 Ln IA •iv •L r z r-I LL Lj- M tD N Il*_ Il.-. Ln t.D M d' 00 t.D r4 00 -4 00 Ln m -I r-I r r-I r-I r-I N r-I t/? -Ln -t/i -Ln 4j)- lD Ln N d• t.0 M lD N t,D C M tD N Il*_ Il.-. 00 00 ::I- N M r-I (Yi r4 O M M N Ln r-I m r-I r--I r-I N r-I V)- ii-P. i/1. t/l. Vt Ql r-I N Ln M C M tD N Il*_ Il.-. 00 l0 M N m lo60 m Ln m � r-I r-I r-I N r--I V)- ii-P. i/1. t/l. Vt C A C _0 tw V m C L 0 : m i m a E � a, d V) U 4A U- M + f+SZ- U L. cu i� v � in L =E U z U cr- w W cr- j U O C) w N CA O CC r O U 0-\ N r L N C W •— LL O� 1 O(,D • O N • O Cp + ow-r- c� Do �U) V � CC 4.J Cy W Q) v% C- r-4 r,-- Cr) N M Ol O 00 a r--.. r♦ r♦ 00 � N N M + + r-I i i + i O N rl M m O r-� Ln r-I O i 00 00 00 I� M rl rl O .� M M M N l0 C1 . _ M N O I%-�% rl Ln i > M O CA �D M LA M m a a CL O CL N O Q O M =5 N F- u. cry Z V w � � CO 07 CO (N 6) O 'C:! r CNJ O s Q\ � N r \ C CU C Y i (B T. N - 0 >too r � o P�4-.j (1) . _ I_1_ o U Cp + y.r.� U 0 co N v U L L N N� C O cc � ( ^ v' C) rn 9� Fj C6 -t N O c c� 4— Y O 4-� i/ Q -, v E V i� E O C� O V W 0 � o N a C� v v .O tj M C a O E v— W O O N M a . O o N N Iq O ^ M Ln N N i O O s � O � � •ago Z O CN E CA O LL O cc O O N M a . 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Tt 00 lD l0 00 m mot' (.0 m CL u l0 O r-1 m r-I O r� r1 m I'O r--� 00 N 0 N O 00 Lri 00 4 00 N 00 Lri 00 N 00 r4 00 O 00 111 00 I< 00 z Q CA 7& z V CL a z m E c� � i CA co ii m V a ci V d In cc . � A CD (.0 C:) 4- N a) O NC 0-) �Q a) c a 0 �Op Y (B u c ru CL V V 4-J CL E O U n� N W =MINE= O U .� Qj U.- Ln , 0 0 0 0 m m O rn u� m o0 � Ln � O ~ O 00 N � ♦ 00 00 00 00 Ln 0 0 0 O I- r-I 00 rn u� m o0 � Ln � Ln l0 00 LL N ♦ l0 I- N Ln r-I 1-4 N .4 r4 a N ' N ' C o 0 0 0 CL DO I- 00 l0 L C7 O m w qzt m N N Ln a ON N m L. F- N N r-I N m Lri o0 + ' ' ' 0 0 0 0 O I- r-I 00 rn u� m o0 � Ln � Ln Ol s OK 0 0 cv 1,0 I%% 00 N A 4J Y (A N l0 fC �O ONO Z M LL G i Ol Ol OK 0 0 m 1,0 I%% 00 N Ol O O l0 Ol ONO 00 000 000 000 m l0 I- N Ln r-I m N .4 U! N ' + ' 0 0 0 0 0 Ili 00 00 l0 r-I Ol O O l0 Ol N m N N N O O) m O r-I N 4 u� o0 l0 0 0 0 0 0 m 00 00 l0 r-I Ol O O l0 Ol Ln Ln Ln Ln Ln r_ >. 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'L •C a) bA 4-1 N C r a) `� L C..1 ;� C a% M a) }Li L O L Y O C C ate+ O C v +t•' OA U E C u O i U V O .� 'O O t0 L T F– "O ,C O ±+ +L a) cu 3 CU u +� v E C to N F' N u N N O U F a) C O i+ � 7 O E> L N I v +� C CL C 3 I a +, ++ N ., u I L O m> U� I u C O U O Q ; w > aJ M v C L m ca) f0 I— v � o co > 3 d I° v -a c w 41 aa)) C 0 r= _ °° m z c r= N -C a) m oA o + cn _u -0 ao aJ p ±+ tic c c > co aJ Mq a ° s c ` ° -00- mm-0 in> rOu uC.Dr) (D ry • o • R Q Z a wo U W a Q LU' �Q d CL W a W o LL u DIRECTOR ACTIVITIES February -March 2016- Jack Wert PERIOD AT A GLANCE # Advocacy Contacts 6 # Travel Industry Contacts 23 Number of Tourism Industry Events & Promotions 9 Number of PR Interviews 3 Number Trade Shows /Conferences 1 Advocacy March 28, 2016 Tourism Staff Reports 10 a -g 1 of 39 • Legislative Hearings on Tourist Tax usage expansions • DMAI Advocacy Committee meeting • Developed speech for FADMO Advocacy session • Met in Washington with Collier Legislative Delegation on tourism issues and pending legislation Tourism Industry • Attended DMAI Board of Directors meeting representing the Destination Accreditation Board • Attended 1500 Restaurant opening at Naples Bay Resort • Naples Chamber Visitor Center relocation discussions with Museum staff and County Attorney • Speech at European American Association • Speech to GAIN class at Naples Chamber • Meeting with new Naples Chamber Director, Michael Dalby • Meeting with Naples Grande Sales team on ITB results Trade Shows /Tourism Industry Conferences • ITB Berlin o Met with 20 German, Swiss and Dutch tour operators and four journalists on future stories on our area. All reported the best 2015 ever for our area with their customers. Most all are forecasting slight increases in 2016 in visitation. Public Relations • Elite Airways stories on new flights to Naples from Newark NJ • Attended CAT 15th Anniversary event • Naples News interview on sports events in future and tourism results from January Promotional Activities • Meetings with Elite Airways team on sales initiatives in New York market • Meeting with FBU team on 2016 event deliverables GROUP MEETING SALES REPORT Debi DeBenedetto — Group Sales Manager February -March 2016 March 28, 2016 Tourism Staff Reports 10 a -g 2 of 39 PERIOD AT A GLANCE 4 new requests Number of Meeting Planner Contacts 67 includes sites and planner Rfp's plus assisted planners Number of RFP's Collected /Distributed 50 Rfp's distributed worth over $18 million EOC and 23,364 room nights Number of Groups booked 9 booked groups Total Room Nights /Econ. Impact for Period booked 5051 Room nights booked $3,049,623.00 EOC Number of RFP Enhancement (RFPE) Requests 4 new requests Number of RFPE's to Contract 2 booked with 2 lost Number of FAM's /Sites 5 sites, Allstate, Pipeline, ACA, Ultra, GTMC Number of Shows Attended 2 - March 9 -11 Social Media Conference, Orlando Independent Planners Educational Conference, Austin March 20 -23 with 24 appointments and destination hosted lunch with 2 hotel partners (IPEC) Trade Shows Attended • Social Media Conference - education • IPEC - 24 appointments • Visit Florida Race Networking event Sebring, FI Sales Activities this Period • Hyatt House Ribbon cutting • 5 meetings with hotel partners reports and sites • New Meeting planner flyer collateral completed • Planning NYC sales mission • Planning FSAE (Florida Society of Association Executives) sales mission with 4 partners, 3 hotels, and 2 attractions April 20th • Planning for IPEC March • Registered for Connect /Collaborate show August • Registered for Meeting spots trade show in Tallahassee April 19 • Registered for SITE Texas Educational planner conference May 12 -15 • Appointment with Cheryl Hatcher Meeting Professionals International — ad sales updates March 28, 2016 Tourism Staff Reports 10 a -g • Pitched and lost two major groups of planners that wanted destination to host their events — hotej� fined to bid • Florida Encounter /Marketing summit — would have brought 80 planners plus Florida CVB's from various destinations and other Visit Florida partners to the destination — lost • Connect Executive board event — would have brought board members including planners and US CVB destinations to our area — lost • Working with Paradise Advertising on advertising proofing, newsletters, MP flyer, banners • Monthly sales lunch with hotel and attraction partners March 17 TRAVEL INDUSTRY & LEISURE MARKET SALES REPORT— Claudia Cianfero March 2016 — February 12 — March 18, 2016 March 28, 2016 Tourism Staff Reports 10 a -g 4 of 39 PERIOD AT A GLANCE Number of Travel Agent Contacts 42 — Visit Florida 19 — T &A Dinner 241 — Peninsula Shows 302 — Total Number of Tour Operator Contacts 0 Number of FAM's /Site Visits 1 —T &A CVB Sponsored Dinner Number Trade Shows Attended 4 Sales Mission 1 EVENTS RECAP Show Name: Boston Globe Travel Show Location: Boston, MA Trends /Comments: Continued consumer education regarding the Paradise Coast. Most of the attendees that stopped by my booth had been or were coming to Naples /Marco. It's good to keep a presence in the market and be seen. Keep top of mind. Visit Florida will be coordinating a Visit Florida street next year which will increase exposure. Show Name: Peninsula Travel Trade Shows Locations: 1. Florham Park, NJ — March 8, 2016 2. Albany, NY— March 9, 2016 3. Woburn, MA— March 10, 2016 Trends /Comments: In addition to tradeshows at each of the cities, we participated in roundtable discussions /presentations with 6 -8 travel agents at each table. Great exposure to Northern, NJ and Albany, NY regarding Elite Airways direct flights into Naples (APF). Sales Mission: Visit Florida Travel Trade VIP Event and sales calls to AAA offices Location: Dallas, TX Trends /Comments: Only 2 other Visit Florida partners were in attendance which gave each of us more one -on -one time with the travel agents. Excellent event, I was able to do a 10 minute presentation during lunch to a captive audience. Sales Calls to AAA offices were also very productive. Boardroom presentations to 5 agents at the first office and 6 agents at the second office we visited. Only one other partner participated in the sales calls. SPORTS MARKETING REPORT February —March 2016- Michael Obyc; Parker Medley March 28, 2016 Tourism Staff Reports 10 a -g 5 of 39 PERIOD AT A GLANCE Event Dates # Attendees # Room Nights Direct Spending olf to Paradise First Tee EVENTS (February 2016) # ATTENDEES # ROOM NIGHTS DIRECT VISITOR SPENDING hampionship Challenge 2 (15% Increase) 6 3,405 3,200 $2,053,125.00 2/11-2/14 2,250 Event Analytics vent Name Event Dates # Attendees # Room Nights Direct Spending olf to Paradise First Tee 2/11-2/14 30 50 $18,750.00 hampionship Challenge 2 (15% Increase) Monthly Attendees 3,500 3,405 hubb Classic 2/11-2/14 2,250 2,500 $1,593,750.00 tlantic South Regional 2/11-2/14 525 355 $225,000.00 ickleball Championships 7,833 1,134 (17% Increase) Monthly Est. Direct Spending $2,045,250.00 lounded Warrior 2/13-2/13 25 15 $3,750.00 mputee Softball Game SA Southwest Florida 2/19-2/21 100 30 $15,000.00 :)ftball Tournament authern Tropics — 2/26-2/28 475 250 $196,875.00 aples Pickleball ournament Comparison Report Development Activities this Period • New Senior Sports Marketing Manager, Michael Obyc, was added to the staff • Met with Rogelio de Haro with USTA, concerning upcoming professional events in Naples • Met with FBU staff concerning 2016 and 2017 events • Participated in a preliminary findings call regarding facility study with Hunden Strategic Partners • Conference call with Lou Mengsol concerning US Sports Congress Conference Sponsorship • Attended Wounded Warrior Amputee Softball Team pre -event meeting • Attended Lee County Sports Development meeting • Hosted a conference call with Connect Sports Marketplace concerning conference sponsorship February 2015 February 2016 Change Number of Events 5 6 1 (17% Increase) YTD Events 11 13 2 (15% Increase) Monthly Attendees 3,500 3,405 -95 (3% Decrease) YTD Attendees 14,350 13,955 -395 (3% Decrease) Monthly Room Nights 3,574 3,200 -374 (10% Increase) YTD Room Nights 6,699 7,833 1,134 (17% Increase) Monthly Est. Direct Spending $2,045,250.00 $2,053,125.00 $ 7,875.00 (1% Increase) YTD Est. Direct Spending $5,112,750.00 $5,303,125.00 $ 190,375.00 (4% Increase) Development Activities this Period • New Senior Sports Marketing Manager, Michael Obyc, was added to the staff • Met with Rogelio de Haro with USTA, concerning upcoming professional events in Naples • Met with FBU staff concerning 2016 and 2017 events • Participated in a preliminary findings call regarding facility study with Hunden Strategic Partners • Conference call with Lou Mengsol concerning US Sports Congress Conference Sponsorship • Attended Wounded Warrior Amputee Softball Team pre -event meeting • Attended Lee County Sports Development meeting • Hosted a conference call with Connect Sports Marketplace concerning conference sponsorship March 28, 2016 Tourism Staff Reports 10 a -g • Attended FHSAA Boy's Volleyball meeting with Pete Seitz with Golden Gate HS 6 of 39 • Attended Sports Council Meet and Greet for Michael Obyc • Hosted monthly events meeting with Parks and Recreation • Attended February 22nd TDC meeting • Met with Michael Young concerning Watercross Drag Race event • Went to the Naples Grande Hotel for a site visit • Met with Gio Conigliaro concerning Naples Sports Festival Upcoming Events • Perfect Game 11U/12U Easter Classic (March 24 -26) at North Collier Regional Park • Bill Longshore Memorial Softball Tournament (April 1 -3) at North Collier Regional Park • BMX SSA Cup (April 2 -3) at Golden Gate Community Center • Naples Spring Shootout (April 2 -3) at North Collier Regional Park • Perfect Game 11U/12U Super 25 State Regional (April 15 -17) at North Collier Regional Park • Basketball Hall of Fame Naples Golf Classic (April 18 -19) at Tiburon Golf Club PUBLIC RELATIONS & COMMUNICATIONS REPORT ( INCLUDES DIGITAL) FEBRUARY 1- March 15, 2016- JoNell Modys, Erin Smith, Buzzy Ford March 28, 2016 Tourism Staff Reports 10 a -g 7of39 PERIOD AT A GLANCE Number of Media Submissions from CVB 88 Number of Journalists Hosted 2 Number of News Releases Written by and /or 6 Issued by CVB What's New Experience FL Everglades + Naples, Marco Island Resorts 2016 Fact Sheet Meetings 2016 Awards & Accolades for Florida's Paradise Coast Zika Virus talking points and situation updates Total Media Impressions TBD — Awaiting approval of media monitoring service agreement Top Projects > Travel + Leisure magazine Travel Advisory Board meeting dinner for top USA travel agents, media Social Media /PR Conference attended by JoNell & Buzzy >Chef Art Smith Tasting Preview — PR counseling for Naples Bay Resort >St. Patty's Day event photography >Hyatt House Naples opening — PR media list provided along with counseling >Develop full regional radio media contact list — shared with sports, Pickleball tourney staff >Stars in the Arts event >U.S. Open Pickleball PR Planning > China Press Trip Planning — Partnering With VISIT FLORIDA & Ft. Myers /Sanibel > Updates to Editorial /Marketing Image Library >Mangrove Madness Outdoor Media Event with Outdoor Product Corporate Reps PR Planning Adds to Website Effort by Public Relations to improve website: Over 50 events added Multiple listings added, enhanced Top Media Placements - Apart from agency efforts — CVB generated: Montreal Gazette, Ottowa Citizen, Windsor Star, Vancouver Sun, Edmonton Journal — JoNell assisted writer in generating Naples area hotel deals for Canadians to appear in national newspaper's five editions for column: Checking In — Five Hotel Deals in Naples, Fla. Golf Wednesday — China: 8 page feature of Naples resort stay vacation plus golf based on press trip in 2015 Dove magazine — Italy— road trip on Florida features Naples, Naples Bay Resort Florida Sun magazine — German language for Florida & Germany: Gallup - Healthways Study — Feature story on Naples / Marco Islannd being named as happiest & healthiest in nation March 28, 2016 Tourism Staff Reports 10 a -g Fort Myers News -Press — latest Collier tourism columns have run in Sunday Coastal Living PLUS Marco IslaBcbfgg Times sections —great distribution. Gallup Healtways Report — mass coverage of Naples area as best for Well- Being, reported as Happiest, Healthiest Media Visits to Destination • USA Today & Freelance writer — Annette Thompson • Working Mother — Liz Amore DIGITAL & SOCIAL MEDIA REPORT February 2016 PERIOD AT A GLANCE Twitter Accounts Posts 429 Post, 2,541 Total Engagements, and 134 Link Clicks Facebook New Likes 362 New Fans, and 23.42k Likes Instagram Posts 29 Posts with 65 followers gained E- Newsletter Open /Click Thru Rates Earned Consumer Emails: 23.65% Open Rate 16.49% Click Through Rate Paid Consumer Emails: 16.30% Open Rate 14.5% Click Through Rate Highlights of e- newsletter themes /target markets • Romance in Paradise Valentine's Day (Naples Chocolate Stroll, Norman Love, Dining) (week of 1st) 35 -64 HHI $150K+ - but based on the niche & names available in each list • Celebrate Southwest Florida Heritage (week of 15th) 35 -64 HHI $150K+ - but based on the niche & names available in each list Website Enhancements • PR staff provided more than 50 event, listing and article updates to site • Refreshed Meetings Website Page • Refreshed Meetings Deal Website Page • Updated website with New Visitor Guide Photography • Updated Paradise Coast in the News Section of Website • Updated German and Brazil Websites with New Homepage Design & Video Functionality • Redesigned Book Direct Page • Refreshed Annual Reports / Visitor Statistics Page • Began Redesign / build of Sports Website • Added the category of transportation to our deals section of the database • Corrected Homepage Temperature Error • site Search Engine Optimization (SEO) Results • Organic search: 33,951 ( +31.76% from 01 -2016) • (Other): 24,515 (- 36.13 %) • Social: 11,747 (- 25.16 %) • Email: 7,726 ( +150.19 %) • Direct: 6,921 ( +25.63 %) • Display: 3,461 ( +24.68 %) • Referrals: 3,461 ( +12.56 %) March 28, 2016 Tourism Staff Reports 10 a -g 9 of 39 PARADISE COAST FILM OFFICE February- March 2016- Maggie McCarty March 28, 2016 Tourism Staff Reports 10 a -g 10 of 39 PERIOD AT A GLANCE This Year Last Year Spending Estimate New or Repeat Productions 5 2 $3.5M 4 new /1 repeat Working Leads 9 12 Meetings Attended 5 2 Events /Trade Shows 0 0 Media Assisted 1 0 Location Scout 1 1 Production /Lead Highlights • Wal -Mart TV commercial Courtesy of the Cooking Channel • Blair catalogues too Future Project Highlights Lava Productions shot a tv commercial starring singer Patti LaBelle whose popular baked goods and kitchen wares are featured exclusively at the retail store. LaBelle also stars on her own tv series for the Cooking Channel, "Patti's Place." Production shot in Ave Maria and Naples. The Blair Company sells exceptional clothing for women and men, plus quality items for the home. Both in their national stores and on -line this 100 -year old business is consistently rated one of the top apparel retailers is customer satisfaction. Their 4 day shoot in Naples brought in a total spend of $450K and over 90 hotel room nights. • Burt's Bees is an American personal care products enterprise that describes itself as an "Earth friendly, Natural Personal Care Company." It has now expanded its line to include products for babies, including 100% organic cotton clothing. They will be shooting a commercial on two local beaches with lots and lots of tots! VISITOR SERVICES REPORT February -March 2016- Lori Lou Waddell March 28, 2016 Tourism Staff Reports 10 a -g 11 of 39 Month Big Cypress Oasis Everglades Immokalee Marco Island Naples YTD Total Year 2015 52,473 107.564 85,941 1,103 6,810 20,419 274,310 Jan 2016 13,771 10,393 10,533 91 1,014 1,451 37,253 Feb 2016 11,330 17,095 12,849 86 1,175 1,135 43,670 Activities for the Period Update Visitor Counts for Collier County Visitor Information Centers Update Statistics for Naples Visitor Information Center Request all materials below par levels for Visitor Information Center from attractions, hotels, restaurants Manage VIC Vol Schedule Accept new volunteer applications Manage /update Calendar of Events for GNCC, Third Street South and Fifth Avenue South Manage daily operation of Visitor Information Center Distribution Third Street South Concierge: Naples on the Gulf, Downtown Guide, Paradise Coast Visitor Guide Naples Bay Resort: Naples on the Gulf, Downtown Guide Edgewater Beach Hotel: Naples Bicycle Maps Marco Island Chamber of Commerce VIC: Paradise Coast Visitor Guide, Paradise Coast Visitor Map Greater Naples Chamber of Commerce VIC: Paradise Coast Visitor Guide, Paradise Coast Visitor Map Oasis /Big Cypress Visitor Information Center: Paradise Coast Visitor Maps Everglades City Chamber of Commerce VIC: Paradise Coast Visitor Guide, Paradise Coast Visitor Map Marco Island Marriott Resort Golf Club & Spa: Downtown Guide Naples Train Depot Museum: Airboat Tours, Hotels, Restaurants, Attractions, Paradise Coast Visitor Guide, Paradise Coast Visitor Map, Life in Naples, Naples on the Gulf, Downtown Guide, Maps and Coupon Materials. Pick -UP Naples Historical Society at Palm Cottage NT &T Brochures, Schedules and Discount FAM Tours Edgewater Beach Hotel Naples Kayak Tours- Shell Island Road Staybridge Inn and Suites Confirm Courtyard Marriott date and time for April Confirm Collier County South Regional Library date and time for April Attendance PRSA Lunch for Tourism Trends and Public Perceptions & PR Trends Travel Rally Meeting Hyatt House Opening Naples Historical Society Chickee Chat Airdrome and Naples Airport Greater Naples Chamber of Commerce events RSVP Attendance CVB Roundtable VisitFlorida 2016 Partner Roadshow Visitor Profiles: 10 9 8 7 6 5 4 3 2 International Origins 1 ' 0 0`balb D OJT t�\c�ao `¢tt``���o\\a�ace\a�a U.S. Origins March 28, 2016 Tourism Staff Reports 10 a -g 12 of 39 10 1 �,\A yea �a5 a�a a�aJ eta tiea\ a�� ae� a�a 5Q wtie\ J�• JaA era J`�� Betio 10 9 8 7 6 5 4 3 1 0 c6 M +' 6J (0 M f6 N N M c0 OJ -0 aN. C Y _ fa C f0 C E L U m- Op O C 3 U C C C �+ c0 O N N O •� t C C C O vOi X O C O C •in O *' 3 E O O C O C 3 'vii '^ '^ N > O O > 2 cc N f— >_ b0 ip O c �a�i o c �c o m U" v E w m N v m° v> �M r a Y J Z= 3 Z € 0 o° w z r U O m 3 o a o �°0 3 v v Z to Y Z N ° Visitation 60 54 50 40 30 20 10 0 40 FIRST VISIT -YES FIRST VISIT -NO 50 45 40 35 30 25 20 15 10 5 0 100 90 80 70 60 50 40 30 20 10 0 70 60 50 40 30 20 10 0 March 28, 2016 Tourism Staff Reports 10 a -g Accomodation 13 of 39 HOTEL/ MOTEL Seasonal RENTAL 0 1 2ND HOME FAMILY/ FRIEND Reason for Visit LEISURE MTG/ OTHER Transportation FLY DRIVE Both FLY & DRIVE March 28, 2016 Tourism Staff Reports 10 a -g 14 of 39 OMMAC, LLC- LONDON, UK MONTH /YEAR: FEBRUARY 2016 HIGHLIGHT OF THE MONTH: America Wild — National Parks Adventure; London Film Launch The UK office was invited and attended the launch event of Brand USA's long awaited big screen epic, America Wild — National Parks Adventure, which enjoyed its global release on February 12 and is set to run for a year at the BFI Odeon in London. The film, released in celebration of the centennial year of the U.S. National Park Service and narrated by Robert Redford, takes audiences on the ultimate off -trail adventure into the nation's awe - inspiring great outdoors and untamed wilderness. A highlight for our region is The Everglades is the only National Park featured from Florida. Immersive IMAX 3D cinematography takes viewers soaring over red rock canyons, up craggy mountain peaks and into other - worldly realms found within America's most legendary outdoor playgrounds. The event was attended by over 200 key travel industry and leading media contacts. We will have an opportunity to work with the screening of the movie for future travel industry events with will inspire the trade to reach out and sell our nature & wilderness. L -R: Chris Thomson, CEO, Brand USA; Oonagh, CVB UK Office Dir; Tom Garzilli, Senior VP Global Sponsorships, Brand USA; Sue Marshall, UK office, Visit Florida - attending the launch event in London. MARKET UPDATE: BA joins with Brand USA for new ad campaign The US is hoping to rekindle worldwide love for its country with the next phase of its 'Land of Dreams' campaign. In conjunction with British Airways, the nation's tourism body Brand USA has launched 60- and 30- second TV adverts, supported by digital and print advertising. March 28, 2016 Tourism Staff Reports 10 a -g 15 of 39 Running until March, 4, it will be expanded in the UK thanks to strategic partnerships with other tour operators and airlines. The inaugural three -month Brand USA advertising launched last May in the UK, Japan and Canada, and led to a 14% increase in the intention to visit the US from a UK audience. 'Land of Dreams' is available for free download at DiscoverAmerica.com. Reform APD to boost regional airports, demands Manchester The boss of Manchester Airports Group has called on the government to take action to reform Air Passenger Duty and unlock the potential of UK regional airports. Ken OToole used the platform of the UK Northern Powerhouse conference in Manchester to reveal a new video showing how the airport will look in 10 years following a £1 billion investment. But he said there are things government can do to fully unlock the potential of the Northern economy. The UK has the highest levels of APD in Europe - more than double the rate seen in Germany — which is passed on to passengers through ticket prices. The tax is deterring airlines from setting up as many long haul services as they are at European airports. Mr OToole used his speech to propose a revamp of APD. "Short of abolishing APD, there's an opportunity to offer airlines starting new long haul services an exemption from APD for a period of time something we've referred to as an 'APD holiday'," he said. "This would at no direct cost to the Exchequer provide a huge boost to the competitiveness of UK airports seeking to grow long haul services, and as a result, strengthen global connections right across the country. OToole said long haul services were key to long term growth in the UK but airports in the south -east are currently full. Flight bookings data shows impact of Zika virus Flight bookings to areas affected by the Zika virus areas have fallen by as much as 10% since early February, new data reveals. Regions affected by the virus are Central and Latin America - with Brazil being hardest hit - and the Caribbean. The bookings slowdown began to emerge following a travel warning from the US government Centers for Disease Control and Prevention on January 15, advising pregnant women to postpone travel to destinations where Zika transmission is active. Zika is strongly suspected of being linked to microcephaly in babies — those born with brain damage and abnormally small heads. A 4% slow -down worsened to 10% after February 1 when the World Health Organisation declared Zika a global health emergency. However, the travel impact on Zika -hit destinations has not been uniform, according to the latest data from ForwardKeys, which monitors future travel patterns by analysing 14 million reservation transactions a day. The analysis shows that tourist destinations such as Guadeloupe (down 21 %), Martinique ( -24 0/o), Puerto Rico ( -22 %) and the US Virgin Islands ( -27 0/o), have been hardest hit with long -haul source markets most affected. Looking ahead to the months up to May, the data shows a more optimistic picture, with some destinations, notably Brazil ( +25 %), Colombia ( +29 %) and Guyana ( +40 %), showing encouraging signs with forward bookings running well ahead of the same time last year. This is most likely due to Iberia, LAN and VivaColombia all substantially increasing route capacity. March 28, 2016 Tourism Staff Reports 10 a -g 16 of 39 Summer `15 receives boost in UK traveller numbers The number of UK residents travelling overseas last summer grew by 9.1% with holidays being the key driver. Results released by the Office of National Statistics (ONS) show that 22.4 million visits were made between the third quarter (Q3) of July and September 2015. The increase was largely thanks to the leisure travel industry with 15.7 million visits being made, an 8% increase year -on -year. However, despite its size the holiday market was outperformed by both the friends and family market which grew by 12.6% and the business travel sector which grew by 10.3% - which falls into our focus with the hosting of the GTMC overseas conference in May. In total, UK residents spent 268.9 million nights abroad during the Q3 period. North America saw the biggest growth in visitor numbers following a year -on -year increase of 14.7% to 1.4 million as the number of nights spent there grew by 18 %. Visits to 'other countries" grew by 9.6% with an increase of nights spent there of 17 %. The number of visitors to Europe grew by 8.6% with the number of room nights up by 11.5 %. UK residents spent £14.4 billion during visits abroad in Q3 2015, an increase of 13.6% compared with £12.7 billion spent in the same period of 2014. Expenditure in Europe rose by 14.3% and spending in North America increased by 25.9% reflecting the increase in visits to North America. Tourico Strikes Deal to Book Hotels for Virgin Holidays Virgin Holidays has announced a significant partnership with Orlando -based Tourico Holidays, which twill open up Tourico's inventory of hotels to their consumer distribution platforms. Virgin Holidays, widely regarded as one the largest transatlantic tour operators and market leaders for travel to the USA, provoked a strong negative reaction from travel agents as well as other UK tour operators when it announced last October that it was circumventing the trade by selling directly to consumers through its website and national network of retail stores in the UK. Owning the customer experience end -to -end is V Hols stated ambition as it aims to enhance the overall experience for the customer, pre and post- departure. The company has stated it would secure even more leisure flying from its sister airline, Virgin Atlantic, going forward. For Tourico, the venture is about more than just the UK outbound market to the USA. The company has also committed to opening an office in downtown London, which will house up to 100 team members by 2018. Norwegian expands long -haul operation Low -cost airline Norwegian is to grow its long -haul services by introducing transatlantic routes from Paris Charles de Gaulle. Norwegian, which already operates flights to the US from Gatwick, Copenhagen Oslo and Stockholm, will introduce long -haul flights from Paris CDG to New York's JFK, Los Angeles and Fort Lauderdale from July 2016. March 28, 2016 Tourism Staff Reports 10 a -g 17 of 39 Norwegian already operates short-haul flights from Paris' Orly airport but these will be the first routes from Charles de Gaulle. Bjorn Kjos, the airline's chief executive and founder, said: "In less than three years since the launch of our long -haul operations, Norwegian has built a network of 38 non -stop routes between Europe and the US - more than any other European airline. "The choice of Paris as our fifth European long -haul capital clearly underlines our commitment to France. Paris is one of Europe's main gateways, and we see great potential to expand at Charles de Gaulle airport in the future, adding more long -haul routes as well as more frequencies." Norwegian will operate Paris -New York flights four times per week from July 29, while the Los Angeles route will run twice weekly from July 30 and the Fort Lauderdale service will be weekly from August 4. The airline will use Boeing 787 Dreamliners on each route with 291 seats including 32 in its premium cabin. Delta hopes to leverage Virgin brand by working with Virgin Holidays Delta Air Lines is hoping to boost its ex -UK sales by leveraging its relationship with Virgin Holidays. Delta senior vice - president for Europe, Middle East and Africa Nat Pieper said the airline has been forming a closer relationship with Virgin brands following the signing of its code -share agreement with Virgin Atlantic in 2014. With a new Edinburgh -New York JFK daily flight set to launch in May this year and following the start of a Manchester flight to the same US destination last summer, he said the airline was performing strongly and added the he's hoping the relationship with Virgin will allow it to grow its brand in the UK - recognising that Virgin is very strong in Gatwick and that Delta used to fly out of Gatwick they want to do all they can to build on the relationship. The new Edinburgh route is expected to be initially strong with the corporate market and Americans wanting to visit Scotland but it expects it to perform strongly in the Scottish market too. The airline's strong financial position — it has enjoyed five years of profitability — has allowed it to put its own house in order and focus on the customer experience by upgrading aircraft and customer experience. March 28, 2016 Tourism Staff Reports 10 a -g 18 of 39 PCOMING EVENTS DATE SPECIAL EVENT LOCATION Ongoing US Airtours co -op campaign UK March Travmedia IMM media event London April Tour Operator Trainings UK May GTMC Overseas Conference Marco Island MARKETING /SALES /PROJECTS & ACTIVITIES: GTMC — Overseas Conference — May 2016 We continue to work closely with the GTMC in ensuring our destination is top of mind with their members. We're working on supplying our assets, images and copy to provide them updated information for their website. OMMAC continue to support the Naples office with an additional upcoming planning meeting set for the first week in March — for the final event being held 16- 19 May 2016. Inspections will include host property, Marco Island Marriott Resort, Inn on 5th, various logistics including transportation etc. attended by the CVB and additional properties in the region — our aim is for this conference is to be the best to date. The UK office is working on various aspects including pre & post options, including our Industry Partners. Held additional meetings with Brand USA, from the Washington office regarding their co- sponsorship with BA — a main sponsor of the overseas conference. Also following up with Visit Florida and the host hotel on a number of aspects. Florida Huddle — Tour Operator Liaison OMMAC have been following up on meetings held by CVB with a number of UK tour operators at Florida Huddle. We're following up with BA Holidays, America As You Like It, Specialist Holidays, Hays & Jarvis, Trailfinders to continue discussions around marketing, product, promotions etc. Specialist Holidays, Brochure Quote We worked closely with Specialist Holidays and the Naples office to provide a consumer focused quote from Jack Wert for their brochure to encourage people to travel to Naples, Marco Island and the Everglades. March 28, 2016 Tourism Staff Reports 10 a -g 19 of 39 Virgin Holidays, Golf Programme Product Manager OMMAC have assisted Tim Crofts, Golf Programme Product Manager for Virgin Holidays, in planning a trip during his personal holiday in order to familiarise himself with our region. Visit Florida — French guide OMMAC have liaised with Visit Florida in France to ensure all contact details are correct in their Florida Guide including a direct email for literature requests. US Airtours & Travelplanners, Ongoing partnership with their current campaign — ensuring copy and assets are correct & highlighting the destination with in line with the tour operators tactical campaign. Tour Operators Ongoing and additional follow -up regarding opportunities and co -op support — working closely with our main suppliers on a number of mixed activity from co -op advertising/ promotions & PR support. Travel Agents Online Training: "USA Discovery Program' We are working with the Naples office in order to receive approval for the final copy for our badge within the Brand USA online training program. Brand USA are completing the estimate in order to have the PO in place. We aim to launch our badge by end of March. We are working on introducing an incentive for the launch in order to encourage more agents to participate & complete our badge. Distribution of marketing material Provision of ongoing assistance with literature requests for both trade & consumers. See below distribution: • Florida's Last Paradise' Visitors Guide - 401 • Maps — 398 • Golf Guide - 38 PUBLIC RELATIONS AND SOCIAL MEDIA ACTIVITIES: CONTACT ACTIVITY STATUS /RESULT 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 ravel influencers on traffic to Paradise Coast UK Facebook and Witter to expand our Twitter pages. Focus this month has social network included: aspirational images, the leap year and the Everglades March 28, 2016 Tourism Staff Reports 10 a -g 20 of 39 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. irc: 200,000 doing a piece for early Following up with Visit Florida on status. Online — largest in Ireland next year based around Florida beyond the theme parks and perhaps using he Paradise Coast as an Visit - TBC area of focus. IP Magazine — largest VIP Magazine has agreed On -going - Dates now moved — elling in Ireland to a 6 -8 page feature with checking with partners to establish ir: Monthly sales 25,500 a contact we approached suitable dates. onthly readership: on family holiday in 152,000 Florida! Plus cover feature Visit - TBC Sunday Times Travel Following media meeting On -going - OMMAC following up. Magazine with Lucy Thackray Lonely Planet Traveller Lonely Planet Traveller will Lonely Planet Traveller visited in irculation: 47,130 produce a large image -led November. OMMAC have touched base Monthly magazine Florida feature in which with the publication to see if they require they would like to feature images /further information and will Already travelled - Big Cypress National Park. advise when the piece appears in print 16th and 17th Nov'15 They are looking to send a riter and photographer in November. Visit Florida will cover airfare and we are looking into securing o rooms for two nights. Visit Florida'Florida Friday' DMMAC submitted OMMAC submitted information on the omprehensive theme of: Easter Activities; Spring Events information for the VF in our area. Coverage appeared for the newsletter, which is Easter newsletter — image below. Id istributed via Travelmole March 28, 2016 Tourism Staff Reports 10 a -g 21 of 39 EUROPEAN OFFICE- SUMMARY OF ACHIEVEMENTS TOUR OPERATOR ACCOUNTS Kev Accounts Tour Operator Achievement Cost TUI Finalized marketing campaign with TUI. FOC In addition to our agreed marketing marketing campaign, we could secure a FOC editorial campaign of NAP in the monthly TUI news. airtours Approved NAP video that was produced by Part of agreed airtours for our participation in the airtours TUI marketing roadshow with video presentation. The first campaign evening events have already taken place: Munich (Feb 15 &16), Duesseldorf (Feb 24), Cologne (Feb 25). Swiss Accounts Tour Operator Achievement Cost Skytours /Hotelplan Secured inclusion of NAP into a Skytours Part of agreed internal fam trip for 2 of their new marketing reservation agents. Detailed 2 days itinerary campaign is currently worked out in. Secondary Accounts Tour Operator Achievement Cost Tourconsult Continued with our Facebook campaign on Part of agreed Tourconsult fanpage. Provided input for next marketing post and placed second blog post on campaign Tourconsult blog. TRAVEL AGENTS Sales calls: Total of 44 personal visits to travel agents in greater Cologne and Munich city. 4 Booking Assistance: Assisted 1 agencies with accommodation information Support: supported 4 agencies and 2 tour operators with brochures. March 28, 2016 Tourism Staff Reports 10 a -g 22 of 39 EVENTS ABF Hannover o Dates: 03-07.02.2016 • City: Hannover • Profile /Number of attendees: 75.300 consumer(2015: 74.500) • Feedback: For the very first time we participated with our own booth at the subject area USA at the abf, since the USA was partner country of the travel & vacation part of the fair. America Unlimited the specialist managed this area. In addition to the participation at the fair, we could secure a 20 min presentation slot FOC each day at the fair. The presentations were very well attended. From Wednesday to Thursday the target group was mainly pensioners and Friday to Sunday best ager, families and couples. Throughout the exhibition we received great feedback about the destination. There was a tendency of consumer who already had planes or even booked their flights to Florida and they needed information about our region or where to stop on their road trip. By explaining the advantages of the paradise coast we could persuade them to stay in our region. Saturday, America Unlimited invited all partners to a dinner which we attended and benefit from the networking opportunities. VUSA Switzerland Seminar • Dates: February 3, 2016 • Cities: Zurich, Switzerland (location: M6venpick Hotel Regensdorf) • Profile /Number of attendees: About 381 travel agents from all over Switzerland, including the French and Italian speaking part of Switzerland. o Feedback: This TA event still is the main event with USA focus in the Swiss travel industry sector. It is set up in travel mart style and we had our own NAP booth. The agents were prepared with a questionnaire which made them visiting every booth to find the answers on the questions about each participating industry partner. Looking at the networking aspect, this event gave us again an excellent opportunity to maintain our relationship with the Swiss tour operators, travel agents and travel industry partners and would strongly recommend to participate in this event next year again. F.re.e Munich • Dates: 10-14.02.2016 • City: Munich • Profile /Number of attendees: 122.000 consumer(2015: 118.000) • Feedback: We participated with brochure distribution through Visit Florida who had their own stand at the consumer show. We sent them 300 brochures, which they placed right in front of their booth. All in all the feedback from Visit Florida was fantastic. They reported a high demand for Florida and very interested consumers; hence our brochures were well received. March 28, 2016 Tourism Staff Reports 10 a -g 23 of 39 Reisen Hamburg • Dates: 17-21.02.2016 • City: Hamburg • Profile /Number of attendees: 76.000 consumer(2015: 70.000) • Feedback: We participated with brochure distribution through Visit Florida who had their own stand at the consumer show. We sent them 300 brochures, which they placed right in front of their booth. All in all the feedback from Visit Florida was great. They reported a high number of visitors interested in Florida; hence our brochures were well received. DiaMonde Dinner Event in cooperation with Airtours • Dates: 17.02.2016 • City: Wiesbaden, Villa in Tal Restaurant • Profile /Number of attendees: 20 travel agents. The attendees were selected and invited by airtours as the top producing travel agencies in the Wiesbaden /Frankfurt area. As a result, high class business club and deluxe agencies attended the event mostly represented by senior personnel or very often the owners /agency managers • Feedback: It was an exclusive dinner event in cooperation with airtours in Wiesbaden (highly affluent residential town close to Frankfurt) during which we have comprehensively presented a selection of the DiaMonde portfolio. We were very fortunate to see /meet the creme de la creme of the agency scene around Frankfurt and although agents are in their high booking season, they took the time to spend the evening with us. Agent reports on the booking season were very different, however there is a general consence that client's decisions are triggered mostly by security factors and seldom clients are prepared to confirm bookings longer than 30 -90 days out. The feedback of the event was as always extraordinary, the agents left inspired by our stories and personal recommendations and stated that it is more than important to attend these kinds of events and that those hosted by DiaMonde are among the trade's best. Registrations / Preparations • Final preparation for ITB (Mar 15), including: • Finalizing the Appointment Schedule • Preparing the Meeting Notes and gathering background information • Collecting the room nights from tour operators and preparing the room nights report • Preparing a Market Update for the DACH and Benelux markets, including information on the economy and tourism industry of each country • Preparation for ITB Media Breakfast • Preparation NAP dedicated 132C and B2B newsletter March 28, 2016 Tourism Staff Reports 10 a -g 24 of 39 MARKETING Type of Activity Details Cost FAIRFLIGHT Facebook We could secure FAIRFLIGHT to make 5 Facebook posts on their site. We supported them with the right content. Werbemutig Facebook The reporting from the Facebook advertising USD 1,000 advertising campaign for the German Facebook fan page, which was handled by werbemutig, was fantastic. The Ad had an extensive reach of almost 80.000 people. Resulting from this America Unlimited could secure quite a few bookings. Please find a detailed report attached. Air berlin Fall campaign Received results from the joint fall campaign which according to air Berlin was the most successful ever. The online part created appr. 11.7 Mio page impressions. The digital OHH media part was like always not really measurable, but overall the campaign lead to an increase in booking numbers by appr. 35% for the respective months. Please find a detailed comparison of results for all campaigns in the attached excel sheet. Unfortunately we are still waiting for the name of the winner of the Facebook raffle. Naples Newsletter 132C Sent out dedicated Naples newsletter via Mail chimp featuring insider news about Marco Island to 590 consumers in DACH on February 26, 2016. The opening rate 4 days after it was sent out was 25, 8 % which is high compared to the industries average of 18, and 6 %. 146 opened the newsletter and in total it was opened 342 times. Naples Newsletter 13213 Sent out dedicated Naples newsletter the first time via Mail chimp featuring insider news about Marco Island to 2,605 agencies in DACH on February 26, 2016. The opening rate March 28, 2016 Tourism Staff Reports 10 a -g 25 of 39 MEDIA / PR America Journal The America Journal published an article about „natural balance "in Florida and the Everglades /Everglades City and tours through the national park are featured on 2 pages in their first edition in 2016. Video America Unlimited America Unlimited produced a video reflecting the abf Hannover. We and the brochures are featured several times in the video which is available on YouTube: https: / /www.youtube.com /watch ?v= BNN144XSguw. PR FAM In December we could secure a FAM request from a journalist working for a daily newspaper "Kurier" in Austria. The story fits perfect to Naples, as it is about "routes for gourmets" and will be published in a series 5 times. The Journalist will be in Naples in April. CONSUMER 4 Brochure fulfillment: 15 in total We supported 3 customers with their travel planning (E- mail). 4 days after it was sent out was 22, 1 % which is high compared to the industries average of 18, and 6 %. 546 opened the newsletter and in total it was opened 982 times. DiaMonde Storyletter Naples was included in the DiaMonde Storyletter which is sent out every two months. The newsletter is featuring a personal story about a family trip to Naples and things to do with a family in Naples. The Newsletter was sent to 6111 agencies. The opening rate one week after it was sent out was 25, 2 % which is high compared to the industries average of 16, and 8 %.1540 opened the newsletter and in total it was opened 2976 times. Facebook # posts: 13 #fans: 7269 MEDIA / PR America Journal The America Journal published an article about „natural balance "in Florida and the Everglades /Everglades City and tours through the national park are featured on 2 pages in their first edition in 2016. Video America Unlimited America Unlimited produced a video reflecting the abf Hannover. We and the brochures are featured several times in the video which is available on YouTube: https: / /www.youtube.com /watch ?v= BNN144XSguw. PR FAM In December we could secure a FAM request from a journalist working for a daily newspaper "Kurier" in Austria. The story fits perfect to Naples, as it is about "routes for gourmets" and will be published in a series 5 times. The Journalist will be in Naples in April. CONSUMER 4 Brochure fulfillment: 15 in total We supported 3 customers with their travel planning (E- mail). March 28, 2016 Tourism Staff Reports 10 a -g 26 of 39 OTHER 4 Attendance Visit USA Member Meeting on February 23, 2016. The meeting minutes will follow with next month's report. HIGHLIGHTS IN MARCH 4 Participation at the ITB 2016, March 9 -13 Attendance at the airtours roadshow in Stuttgart, March 16 Participation in Dertour Deluxe roadshow L6rrach, March 16 Sales Calls in Freiburg, March 16 4 Sales Calls in Duesseldorf & Essen, March 29 -31 Sales Calls Austria, March 21 -23 MARKET NEWS Germany Economy Outlook The lifting forces in the German economy are still predominating. The stronger internal aligned service sector also still is on an upward trend. The labor market develops positively. The economic performance in the final quarter of 2015 was extended by 0, 3%. (Source: BMWI) Germans cut back on holiday trips Germans took fewer holidays last year for the first time since 2010 and there could be a further downturn this year, according to a major annual consumer survey. In 2015, only 54% of Germans took a holiday of five days or more, compared to 57% in 2014 and 2013, the annual Tourism Analysis by the Hamburg - based research organisation Stiftung fur Zukunftsfragen (`Foundation for Future Studies') found. The figure is based on a nationwide survey of 4,000 adults by market researchers GfK. This was the first drop in German travel intensity for five years. "Many Germans are increasingly worried and are questioning the most important condition for a holiday: safety in the destination," commented Ulrich Reinhardt, scientific head of the foundation. Notably, the proportion of people over 55 who took a five -day holiday dropped by six percentage points to 48% but the number of 35 -54 year - olds who went on a five -day trip increased by two percentage points to 61 %. The outlook for 2016 is no better, according to the survey results. Asked about their travel plans for this year, 21% said they are not making any travel plans at all. This is two percentage points more than last year. The number of `undecided' consumers lay at 37%. "The pessimism about the future could lead somewhat fewer Germans than usual this year to leave their usual surroundings for at least five days. That March 28, 2016 Tourism Staff Reports 10 a -g 27 of 39 suggests that travel intensity in 2016 will not reach the level of last year," the survey authors wrote. More positively, the average length of a trip actually increased in 2015, for the first time in many years and after a steady reduction over the last decade. The average holiday lasted 12.6 days last year compared to 12.1 days in 2014. According to Reinhardt, "many Germans don't want to cut their holidays any more. Instead they are saving on transportation or accommodation costs and are spending less at the destination, rather than having less time there." Among other findings, the Tourism Analysis showed that the average holiday cost increased to El, 109 per person last year from €1,071 in 2014. In terms of destinations, Germany retained top spot in 2015. Among foreign destinations, Spain remained number one ahead of Italy, Turkey, Austria and France. Asia was the top long -haul destination region, followed by North America and North Africa. (Source Fvw February 18, 2016) Summer bookings turn deep -red January was a catastrophe for holiday bookings on the German market with a 12% decline but experts are still hopeful that the summer season can be saved. Normally the strongest month for summer holiday bookings, January showed a 12% year -on -year fall in sales, according to the monthly GfK Travel Insights representative survey which analyses some 340,000 bookings made at 1,200 travel agencies. This represents €260 million less in revenues for tour operators and travel agents than in January 2015. The figure, which follows an 8% drop in December, confirms comments from tour operators and travel agents in recent weeks about the slump in demand following terror attacks in major travel destinations and as worried consumers hold back with bookings due to fears about safety and security. Summer 2016 sales are now 8.6% behind last year on a cumulative basis and all months are showing negative trends, the GfK survey showed. August is the worst hit with a 22% drop in bookings compared to the same time last year, although July has a moderate drop of only 1.1 %. Demand for winter holidays was also weak last month with a similar 12% drop in sales year -on -year, leaving low cumulative growth of 1.7% for the winter 2015/16 season. Yet there are some positive signs amongst the "depressing" figures, according to GfK. Last month travel agencies reached 40% of the previous year's total summer season revenues, just three percentage points lower than the figure March 28, 2016 Tourism Staff Reports 10 a -g 28 of 39 achieved in January 2015. Moreover, the current summer season sales volumes are still higher than at the same time two years ago, the market researchers pointed out. "Even though there are no signs of a changing trend based on the weekly sales figures in January, the losses can still be compensated or at least reduced," GfK wrote. "The condition is that German holidaymakers abandon their current caution with bookings. In terms of the consumption climate, there is nothing to stop this." Unsurprisingly, German travel agents remain cautious about sales prospects for the coming months. As many as 40% had lower revenues in the last 2 -3 months and only 27% increased sales, according to the latest monthly fvw 'sales climate index'. Just one third describe the current sales situation as good, nearly half as satisfactory and the rest as bad. Looking ahead, an optimistic 22% of agents surveyed expect sales to improve in the coming months while 53% expect stable demand. (Source Fvw February 18, 2016) � Florida The product manager stayed relaxed at the Florida Huddle in January since the booking behaviour for Florida and in general was hesistant. But they do not panic yet, because the main booking time will last until the end of March and beach holidays in florida are also booked spontaneously. Even though the Dollar course is concerning, and the prices last year were very cheap, Timo Kohlenberg from America Unlimited said, that the people don't compare the holidays to last year and the cheap flight prices are balancing the situation. The conclusion here is, that in times of uncertainty, good consulting gets even more important. Therefore the travel agents need even more assistants. (Source: Fvw January 29, 2016) Florida reported over 100 Mil. visitors in 2015. The Dollar course won't cause a change in the travel intensity, it will change rather the duration and expenses of the travel. 450.000 visitors came from Germany. (Source: Fvw Fabruary 5, 2016) Sales slump and special offers German tour operators are increasing special offers to stimulate demand after bookings dropped significantly in January. Tourism sales were down by 13% last month as Germans held back with holiday bookings due to worries about the risk of terror attacks in destinations, the latest monthly travel agency sales survey by IT services company TATS showed. The March 28, 2016 Tourism Staff Reports 10 a -g 29 of 39 slump left overall leisure travel sales, including advance bookings through to October 2016, down by 0.6 %. The only positive sign was a 2.8% rise in cruise bookings, which are now up by 11.8% for the tourism year as a whole. In revenue terms, cruise sales were 7.2% higher last month. Airline ticket sales dropped by 7 %, and overall travel agency sales, covering all products, were 5.3% lower in January, according to the TATS figures. (Source: Fwv February 11, 2016) Travel Trends 2016 Concern about the safety: Traveller seak out to EU- States and the USA The first travel trends from the "urlaubsmonitor" for 2016 have been published. A survey shows that the German travelers are concerned about the safety situation. Countries like Egypt and Tunisia score badly, which could be a benefit for other European states. The survey from Holiday Check is based on the early booker period of 15/16. There are a few trends showing for 2016. The Caribbean and the USA as well as European destinations like Greece, Croatia and Bulgaria are named to be save destinations. The interviewees could not estimate the safety situation in countries like the Oman, United Arab Emirates, Indonesia, Thailand, Mexico. Almost 30% of the interviewees didn't know anything about the safety situation in these countries. (Source: Fokus Online February 18, 2016) March 28, 2016 Tourism Staff Reports 10 a -g 30 of 39 AVIAREPS- Brazil MARKET INFORMATION • WTM 2016 already has 30% more registrations than in 2015. Over 9,000 travel professionals are expected to attend the Trade Show, where around 1,000 exhibitors will be available for meetings. • Florida's Governor Rick Scott has announced a record of tourists for 2015, 105 million people. He established an objective of reaching 115 million tourists in 2016. • ABAV will change venues for its 2016 edition. Following on the steps of WTM, the Trade Show will be held at Expo Center Norte due to reforms and restructuring of Anhembi Convention Center. ABAV will, once again, consist of 5 days of exhibition, starting on a Wednesday and ending on Sunday. TRADE Leisure Sales Calls / Meetings Objective and Name Market Company Follow Up Outcome The meeting we had Schultz — TO with Schultz and Copa Shultz is was good. Pedro is finalizing Coop Av. Sao Luis, 50 — preparing a table for Pedro Shiray Suite 181, 18th floor Copa with interesting mechanics. Coop to be Pedroshirav @aereo.schultz.co BR —Sao Paulo /SP - 01046 -000 dates for them to select rates and launched at WTM for Trade m.br availability so that Phone: 5511 Schultz can create media if 3154.4210 packages to Paradise approved by PC. Coast. Ancoradouro —TO After a new meeting with Cacalo, we Kaue Freitas, Cacalo Destro Av. Dr. LiMucio decided to develop a Marketing Gomes, 55 — project together where Manager, is cacalo.destro @ancoradouro.c BR Campinas /SP - - Encontro Ancoradouro, preparing the om.br 13024 -490 their workshop, project to be promotion, packages carried on 21373034 and the workshop. March 28, 2016 Tourism Staff Reports 10 a -g 31 of 39 MMT Gapnet —TO Jorge and his team are Rua Major Sert6rio, developed a Coop Jorge Souza 128 — 4th floor — Sao Pro ect with re uested � G Project approved by PC, BR Paulo /SP — 01222- actions. They are forge @mmtgapnet.com.br 000 interested in following MMT registered. up with this Phone:5511 partnership. 3124.6444 In a recent meeting Viajanet — OTA with Dulce and her team we concluded Rua Manoel that the Coop media Dulce Bonaldo Coealho, 600 — 3rd proposed by Viaja net is Coop will not be BR floor — Sao Caetano not worth the implemented. dbonald o @viaianet.com.br do Sul /SP — 09510- investment due to the 111- Phone: impossibility to 4760.9437 measure room nights and ROL Teresa Perez —TO Pedro has sent a Pedro Assis Av. Brigadeiro Faria for a Coo proposal p lima, 2601— 2nd media that does not TP will try to pedro.assis @teresaperez.com BR Foor— Sao Paulo /SP meet our criteria yet. adjust proposal. .br — 01452 -000 - We are still negotiating Phone: 5511 with Teresa Perez. 3390.9035 CVC — TO We have asked CVC to develop a new Rua da Figueiras, m proposal to continue Vanessa Sobreira 501-7 floor— the Coop we have with On stand by for BR Santo Andre /SP — vanessasobreira @cvc.com.br 09080 -370 them. They are developing new proposal. Phone: 5511 strategies for this 2191.1043 second fase. Copa Airlines Copa will offer special Waiting for Nadia Kardouss America rates for the Schultz to send s Av. Paulista, 1337 — development of tour them a table nkardouss @copaair.com 4th floor — S.P. packages in partnership with possible March 28, 2016 Tourism Staff Reports 10 a -g 32 of 39 MICE Sales Calls / Meetings Objective and Name Market Mercado & Eventos Follow Up — Media Outcome Incentive Agency We discussed with First contact. We Time to be Mari Masgrau Rua Barao de M &E the coverage of schedule Fernanda.fernandes @costa BR Itapetininga, 151 WTM. They are training for the team. Mari.masgrau @mercadoeeve BR Sao Paulo /SP — 01042 -001 interested in interviewing Jack at according to PC agenda for the ntos.com.br Phone: 5519 3753.2314 show. Incentive Agency WTM. Will schedule Adilson Sampaio Phone: 5511 gave them a meeting BR 3123.2249 material about PC soon to make asampaio @ubmbrazil.com. AIT — TO infra - structure on a full br Av. Almirante AIT is not doing Karla Haimenis Barroso, 63 -Suite Contacted to be a coops in 2016, presentation BR 801- Rio de partner in 2016 only paid karla@aitoperadora.com.br Janeiro /RJ - 20031- through Coop media. media. 003 — Phone 5521 34619134 MICE Sales Calls / Meetings Objective and Name Market Company Follow Up Outcome Incentive Agency First contact. We Fernanda Fernandes Av. Jesuino Marcondes gave them Will schedule Fernanda.fernandes @costa BR Machado, 581- Campinas /SP —13092 -108 material about PC infra - structure on training for the team. brava.com.br MICE. Phone: 5519 3753.2314 Incentive Agency First contact. We Will schedule Adilson Sampaio gave them a meeting BR Al. Tocantins, 75 —13th floor material about PC soon to make asampaio @ubmbrazil.com. — Barueri /SP — 06455 -020 - infra - structure on a full br Phone: 55114878.5975 MICE. presentation on the March 28, 2016 Tourism Staff Reports 10 a -g 33 of 39 Training Number of Name of Company Market Staff Training Follow Up Trained f,- Material and CVC EIR 6 people online links February 24 have been .. "" sent. Promotions (Joint Marketing Activities — JMA's) Tour destination. Operator Market Incentive Agency First contact. We Status Kelly Daoud gave them Will schedule BR Rua Bela Cintra, 986 — 6th material about PC training for kelly @sobratur.com.br floor — Sao Paulo/SP — 01415- infra - structure on the team. 000 - Phone: 5511 30176730 MICE. Incentive Agency First contact. We Will schedule Andre Martellota gave them training for Rua Henrique Bernardelli, andrea @beatturismo.com. BR 136 —Suite 42 —Sao Paulo /SP — 02013 -010 Phone: 5511 material about PC infra - structure on the team and a meeting to br MICE. present PB in 3892.2305 full. Training Number of Name of Company Market Staff Training Follow Up Trained f,- Material and CVC EIR 6 people online links February 24 have been .. "" sent. Promotions (Joint Marketing Activities — JMA's) Tour Operator Market Description — Coop Actions Launch /Start Status Name March 28, 2016 Tourism Staff Reports 10 a -g 34 of 39 Shows / Sales Missions / Fam Trips (Media and Trade) / Other Name Market The last actions from CVC are two full page Date Status printed ads about PB and PC linking to Finalized. We will packages, in two different magazines: Joyce follow -up with the ESFE BR Pascowitch and Go Where Luxo Feb. 23 FLORIDA COM A Corporative /Events MLM BUCNES E PAR4BI5 E ME agencies to schedule There is a plan to develop new CVC BR _ Final sages. ages. packages if Coop ia; w _ 111 continues. rvr Besides the actions above, CVC continues with banners on their website. On the first week of March 132W will 62W/ send us a All actions are finalized. Banners will be on the Submarin BR Final stages consolidated report website until February 29. o.com with all actions performed and numbers. Finalized. Preparing Orinter BR Coop finalized Finalized a report of activities. Shows / Sales Missions / Fam Trips (Media and Trade) / Other Name Market Description Date Status Participation in ESFE was good for it Finalized. We will being the first MICE Trade Show Palm follow -up with the ESFE BR Feb. 23 Beaches has participated in Brazil. Corporative /Events agencies to schedule March 28, 2016 Tourism Staff Reports 10 a -g 35 of 39 THE TRADE SHOW ESFE is a MICE Trade Show focused on expanding the relationship of MICE destination with Event Tour Operators and incentive departments of Brazilian companies. It is divided into a MICE Congress, Exhibition and Roundtables. It is held annually at the WTC Events Center and has its content based on four basic platforms - trade fairs, events, destinations, and infrastructure. Speakers discuss trends and innovations in three thematic panels consisting of a speaker, four panelists, and a mediator. March 28, 2016 Tourism Staff Reports 10 a -g 36 of 39 -Meeting: M.LC.E. suppliers and buyers: hosted buyer: airlines companies; marketing managers: corporative executives, decision makers: trendsetters_ • Incentive: M.I.C.E. suppliers and buyers: hotel groups: event agency: airlines companies; tourist organizations, convention bureaus, destination management companies and specialist service providers representing destinations globally- -Conference: M.I.C.E. suppliers and buyers, hotel groups, destination management companies and other industry suppliers. • Exhibitions: Exhibition companies, conventions centers; exhibition centers, halls and services. MICE contacts made at ESFE: Name Market Company Follow Up Costa Brava Travel and Incentive Agency Fernanda Fernandes Will schedule BR Av. Jesuino Marcondes Fernanda .fernandes @costabrava.co Machado, 581 - Campinas /SP — training for the m. br team. 13092 -108 Phone: 5519 3753.2314 UBM Will schedule a Adilson Sampaio Events and Incentive Agency meeting soon to asampaio @ubmbrazil.com.br BR Al. Tocantins, 75 —13th floor — Barueri/SP — 06455 -020 - make a full presentation on Phone: 55114878.5975 the destination. Sobratur Kelly Daoud Events and Incentive Agency Will schedule kelly@sobratur.com.br BR Rua Bela Cintra, 986 — 6th floor training for the — Sao Paulo /SP — 01415 -000 - team. Phone: 5511 30176730 March 28, 2016 Tourism Staff Reports 10 a -g 37 of 39 Beat Turismo Events and Tourism Agency Will schedule Andre Martellota training for the BR Rua Henrique Bernardelli, 136 — team and a andre @beatturismo.com.br Suite 42 — Sao Paulo /SP — meeting to present 02013 -010 Phone: 5511 PB /PC in full. 3892.2305 Atelie de Eventos Andre Monteiro Events Agency Will schedule andre @ateliedeeventos.com.br training for the BR Rua Clodomiro Amazonas, 1099 team and a Roberta Cyrillo Natucci — Suite 106 — Sao Paulo /SP — meeting to present roberta @ateliedeeventos.com.br 04537 -012 Phone: 5511 3044.0827 PB /PC in full. Tristar Tourism Agency Will schedule Alexandre Santos training for the BR Av. Paulista, 2006 -18th floor— team and a alexsantos @tristarturismo.com.br Sao Paulo /SP — 01310 -926 meeting to present PB /PC in full. Phone: 5511 3016.1411 Flytour Eventos Luciane Florio Incentive and Events Agency Will schedule luciane.florio @flytour.com.br BR Av. Jurua, 641- Barueri /SP — training for the team and a Natalia Kerlakian 06455 -010 meeting to present natalia.kerlakian@flytour.com.br Phone: 55114706.7648 P13/PC in full. Central de Eventos Will schedule Gladston Assis Events Agency training for the gassis @ceventos.com BR Av. Sao Luis, 165 — 9th floor — team and a Sao Paulo /SP — 01046 -001 meeting to present Phone: 5511 3150.0832 PB /PC in full. Sabrina Mendoza Bull Copastur Will schedule BR training for the sabrina @copastur.com.br Incentive Agency team and a March 28, 2016 Tourism Staff Reports 10 a -g 38 of 39 Rua Bela Cintra, 986 — 6th floor meeting to present — Sao Paulo /SP — 01415 -000 P /PC in full. Phone: 5511 3218.7315 ALATUR JTB Will schedule Alberto Moani Av. Sao Luis, 50 — Sao Paulo /SP, training for the alberto.moani @alatur.com.br BR 01046 -000 team and a meeting to present Phone: 5511 3217.6322 PB /PC in full. Sao Paulo's Association of Endodontics Elizabeth P. Callegari Rua Voluntarios da Patria, 547 — Will send them executiva.decofe @apcdcentral.com. BR Suite 42 — Sao Paulo /SP — 02011 -000 digitalized version of MICE material br Phone: 5511 2223.2534 Brazilian Association of Corporative Travel Agencies ABRACORP Gervasio Tanabe Will send them BR Rua Dr. Vieira de Carvalho, 115 digitalized version tanabe @abracorp.org.br — 8th floor — Sao Paulo /SP — of MICE material 01210 -010 Phone: 5511 2626.9692 AVIPAM Tourism and Tecnology Daniele Figueiredo de Souza Av. Paulista, 352 — 13th floor— Will send them dfsouza @avipam.com.br BR Sao Paulo /SP- 01310 -000 digitalized version of MICE material Phone: 55114890.4500 MONSANTO Marli I. Ricetti Av. Na�6es Unidas, 12901— Will send them BR Torre Norte — Sao Paulo /SP — digitalized version marli.i.ricetti @monsanto.com 04578 -910 of MICE material Phone: 55113383.8343 March 28, 2016 Tourism Staff Reports 10 a -g 39 of 39 Characteristics: • 12m2 of space in the central area. • Totem flag, logo displayed on white background in format: 70cm X 70cm • Carpet, lighting. 1 TV with USB port. • 1 bistro table with 3 stools high. 1 counter with 3 stools high. • 1 folder display. CONCLUSION Mari Masgrau, Editor of Mercado & Eventos, Tourism Trade Newspaper Participation in ESFE was good, although it could have been more productive if coordination of roundtables was better. It was a good investment to start up the promotion of MICE for Palm Beaches and Paradise Coast, however we fell that for 2017 we do not have to be exhibitors and go to the Trade Show as visitors will suffice to renew contacts. It was a great first step. f119ereh 28, 2916 Naples Marco Island Everglades CVB Detailed Staff Reports 11 Task Report 1 of 81 Created - Between 2/12/2016 - 3/18/2016 Task Assigned User: Debi DeBenedetto Create Account Name Task Type Status Due Date Closed Date Closed by User Date Contact Name 3/7/2016 American Express Meetings & Events/ T. Nunn Toni Nunn 770 - 674 -1515 toni.nunn @aexp.com 3/1/2016 American Express Meetings & Events / T. Nunn Site itinerary planning Open 3/21/2016 Event Note Closed 3/1/2016 3/1/2016 Debi DeBenedetto An update note was created today. 3/16/2016 BCC Assisted Mtg Planner Closed 3/16/2016 3/16/2016 Debi DeBenedetto Debi DeBenedetto 239 - 252 -2379 DebiDeBenedetto @coIliergov.net 2/22/2016 HelmsBriscoe / D. Vigil Event Note Closed 2/22/2016 2/22/2016 Debi DeBenedetto An undate note was created today. 2/18/2016 HelmsBriscoe / K. 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Page: 1 of 6 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date Closed Date tlabbd by User Date Contact Name The status chanced on this event today. 2/24/2016 Marco Island Marriott Beach Rfp enhancement granted Closed 2/24/2016 2/24/2016 Debi DeBenedetto Resort, Golf Club & Spa Kathy Sherrard 303 -400 -3668 Kathy.Sherrard @marriott.com 2/24/2016 Maritz Travel / Philadelphia Event Note Closed 2/24/2016 2/24/2016 Debi DeBenedetto 3/2/2016 Naples CVB Site with client Open 3/24/2016 Debi DeBenedetto 239 - 252 -2379 debidebenedetto @colliergov.net From.- DeBenedettoDebi 2/18/2016 Naples CVB Rfp enhancement granted Open 4/18/2016 Debi DeBenedetto 239 - 252 -2379 debidebenedetto @colliergov.net 2/12/2016 Naples CVB Assisted Mtg Planner Closed 2/12/2016 2/12/2016 Debi DeBenedetto Debi DeBenedetto 239 - 252 -2379 debidebenedetto @ colliergov.net 2/12/2016 Naples CVB Assisted Mtg Planner Closed 2/12/2016 2/12/2016 Debi DeBenedetto Debi DeBenedetto 239 - 252 -2379 debidebenedetto @ colliergov.net From. 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Assist Meeting planner Closed -sales kit email photos or video Assisted Mtg Planner Closed Assist Meeting planner Closed -sales kit email photos or video Assist Meeting planner Closed -sales kit email photos or video 2/24/2016 2/24/2016 Debi DeBenedetto 3/2/2016 3/2/2016 Debi DeBenedetto 3/2/2016 3/2/2016 Debi DeBenedetto 3/2/2016 3/2/2016 Debi DeBenedetto Printed: 3/17/2016 Page: 3 of 6 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date Closed Date O *g8 by User Date Contact Name 3/2/2016 Naples CVB Site with client Closed 3/2/2016 3/2/2016 Debi DeBenedetto Debi DeBenedetto 239 - 252 -2379 debidebenedetto @ colliergov.net From DeBenedettoDebi 3/2/2016 Naples CVB Communicate - Advertising Closed 3/2/2016 3/2/2016 Debi DeBenedetto Debi DeBenedetto 239 - 252 -2379 debidebenedetto @ colliergov.net From DeBenedettoDebi 2/18/2016 Naples CVB Sales Event Closed 3/2/2016 3/4/2016 Debi DeBenedetto Debi DeBenedetto 239 - 252 -2379 debidebenedetto @colliergov.net From DeBenedettoDebi 2/16/2016 Naples CVB Assisted Mtg Planner Closed 3/2/2016 314/2016 Debi DeBenedetto Debi DeBenedetto 239 - 252 -2379 debidebenedetto @ colliergov.net From- DeBenedettoDebi 3/7/2016 Naples CVB Followup Call Closed 3/7/2016 3/7/2016 Debi DeBenedetto Debi DeBenedetto 239 - 252 -2379 debidebenedetto @ colliergov.net From DeBenedettoDebi 3/2/2016 Naples CVB Site itinerary planning Closed 3/8/2016 3/15/2016 Debi DeBenedetto Debi DeBenedetto 239 - 252 -2379 debidebenedetto @ colliergov.net From: DeBenedettoDebi 2/24/2016 Naples CVB CVB Project Closed 3/14/2016 3/15/2016 Debi DeBenedetto Debi DeBenedetto 239 - 252 -2379 debidebenedetto @ colliergov.net 3/4/2016 Naples CVB CVB event Closed 3/4/2016 3/15/2016 Debi DeBenedetto Debi DeBenedetto 239 - 252 -2379 debidebenedetto @colliergov.net From. DeBenedettoDebi 3/2/2016 Naples CVB Communicate- Partner Closed 3/16/2016 3/17/2016 Debi DeBenedetto Debi DeBenedetto 239 - 252 -2379 debidebenedetto @ colliergov.net 2/18/2016 Naples Grande Beach Resort General Note Closed 2/18/2016 2/18/2016 Debi DeBenedetto The status chanced on this event today. 2/12/2016 Naples Marco Island Everglades CVB event Closed 2/12/2016 2/12/2016 Debi DeBenedetto CVB Debi DeBenedetto 239 - 252 -2379 or 239-734-0295 * Task is assigned to multiple people Printed: 3/17/2016 Copyright ©2004 - 2016 OSS. All Rights Reserved. Page: 4 of 6 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date Closed Date Z10F.88 by User Date Contact Name debide @colliergov.net From: Eddie Haisten 2/16/2016 Naples Marco Island Everglades Assist Meeting planner Closed 2116/2016 2/16/2016 Debi DeBenedetto CVB -sales kit email photos or video Debi DeBenedetto 239 - 252 -2379 or 239 - 734 -0295 debide@colliergov.net Debi DeBenedetto 239 - 252 -2379 or 239 - 734 -0295 debide @colliergov.net 3/14/2016 Naples Marco Island Everglades CVB Debi DeBenedetto 239 - 252 -2379 or 239 - 734 -0295 debide @colliergov.net Communicate - Advertising Closed 3/14/2016 3/14/2016 Debi DeBenedetto 3/14/2016 Naples Marco Island Everglades Communicate -Other CVB Closed 3/14/2016 3/14/2016 Debi DeBenedetto CVB Debi DeBenedetto 239 - 252 -2379 or 239-734-0295 debide @colliergov.net From: iisanasimundson.com 2/24/2016 Naples Marco Island Everglades Registration - Closed 3/15/2016 3/15/2016 Debi DeBenedetto CVB Conference /Trade shows Debi DeBenedetto 239 - 252 -2379 or 239-734-0295 debide @colliergov.net 3/7/2016 Naples Marco Island Everglades RFP sent to partner Closed 3/16/2016 3/15/2016 Debi DeBenedetto CVB Debi DeBenedetto 239 -252 -2379 or 239 - 734 -0295 debide @colliergov.net From. Debra Roehl 3/16/2016 Naples Marco Island Everglades Site itinerary planning Closed 3/16/2016 3/17/2016 Debi DeBenedetto CVB Debi DeBenedetto 239 - 252 -2379 or 239-734-0295 debide @colliergov.net 2/18/2016 Naples Princess Email Sent Closed 2/18/2016 2/18/2016 Debi DeBenedetto Jenny Foegen 239 - 649 -2275 Jenny @naplesprincesscruises.com <o:o> " Task is assigned to multiple people Printed: 3/17/2016 Copyright ©2004 - 2016 iDSS. All Rights Reserved. Page: 5 of 6 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date Closed Date 00%lild by User Date Contact Name 2/18/2016 Naples Transportation, Tours and Email Sent Closed 2/18/2016 2/18/2016 Debi DeBenedetto Event Planning Benjamin Brown bbrown @nttep.com 2/18/2016 Sea Excursions, Inc. Email Sent Closed 2/18/2016 2/18/2016 Debi DeBenedetto Lee Yaggi 239 - 642 -6400 Lee @seaexcursions.com 3/3/2016 The Compass Group General Note Closed 3/3/2016 3/3/2016 Debi DeBenedetto The status chanced on this event today. 3/3/2016 The Compass Group General Note Closed 3/3/2016 3/3/2016 Debi DeBenedetto 3/3/2016 The Compass Group Email Sent Colleen Ruth 973 - 402 -1801 Colleen @thecompassgroupinc. com Closed 3/3/2016 3/3/2016 Debi DeBenedetto 3/8/2016 The Connect Association Event Note Closed 3/8/2016 318/2016 Debi DeBenedetto An`uadate note was created today 2/25/2016 The Ritz - Carlton Golf Resort, Followup Call Open 3/25/2016 Naples Desiree Reyes Smith 239 - 598 -6672 Desiree.Reyes@ritzcarlton.com 2/25/2016 The Ritz - Carlton Golf Resort, Rfp enhancement granted Closed 2/25/2016 2/25/2016 Debi DeBenedetto Naples Desiree Reyes Smith 239- 598 -6672 _ Desiree.Reyes @ritzcarlton.com 2/25/2016 The Ritz - Carlton Golf Resort, General Note Closed 2/25/2016 2/25/2016 Debi DeBenedetto Naples The status chanced on this event today. 3/1/2016 Vantastic Tours Email Sent Closed 3/1/2016 3/1/2016 Debi DeBenedetto Billy Oliver 239 - 394 -7699 obillyo @aol.com 3/8/2016 VISIT FLORIDA Event Note Closed 3/8/2016 3/8/2016 Debi DeBenedetto An update note was created today. Total Tasks: 69 Task is assigned to multiple people Printed: 3/17/2016 Copyright ©2004 - 2016 iDSS. All Rights Reserved. Page: 6 of 6 r T 00 N y O C n r- N N .r- CU C 'U) C VJ LD co m 0 ice, 0 a. H C� M� F+-q 0 M r-4 pA M W O N N cl P-1 y r4 � N O V i.i �cl I-, CL C� Tj d E u o 0 O La O d E h O d O a y � E u W p a O d a y R O W O � w E d a u d � a 3 o � � z 65 w Y v W W d d V � ° a cn U u F x d a F c W 7 m z � W d d a F 1A a �d1 a W f0 d W w Z H W a W H LL J J a 0 0 0 0 0 0 0 0 0 0 N 7 O O c O O N O O O M O h O 6i 0 O 6n O O Vn O N O 6H O, 7 O Vi Cl) C, O fn N 00 69 69 69 9 fJ 6 Vl £A D\ D\ N 69 N w N 6R O N 6A A �o 10 vt 69 N M h 69 Ic 10 M � o N C, 69 N 69 �_ 0 0 0 0 0 0 b N O N O N N O O N N N N M n Cl O N N N N N N O O O V N ON a, N O N d C 0. N M Vi V1 V1 V C Vl N M M D\ O\ H h V 0., �7E 10 Q Q C] O In �D M V' M �D M N Q� M 00 00 o `V A G 0 0 0 0 0 0 0 0 0 0 d x O Y1 O N V1 O O D\ -^ O O O\ r O O O N O O N 7 O O c O O N O O O M O h O 6i M O 6n O O Vn O N O 6H O, 7 O Vi Cl) C, O fn 69 69 69 9 fJ 6 Vl £A D\ D\ N 69 r 69 N 6R O N 6A A �o 10 vt 69 N M h 69 Ic 10 O fH o N C, 69 N 69 •o -t; -0 b -o b b a b b b b I'D A O Ic 10 10 10 o O o 0 �_ 0 0 0 0 0 0 0 0 N O N O N N O O N N N N M n Cl O N N N N N N O O N N N N d O °V° d N M Vi V1 V1 V C Vl N M M D\ O\ H h V H 00 00 �7E 10 Q Q C] O G G G o a G C C G o `V A G C4� dE °N Q Qa d Uc d x w oa ca oa ro a ca oa w; w w X a, a 0A ° c°G b 'O L b 3 y y C O O O O 3 Y O O 0. 0 V O o > O 0 O O 0 0 ¢, � o o F o Q o m_ o � o � a m U W Oa a1 o a1 a1 C7 a w m 0 a1 2 P7 o C C v Y y C] d .� 0 � x F F V) E 0 0 0 V o E C? .VO. 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CG fYr 7. � CY, 0 o 0 V 4d > IL ° c o c LU Q V y Q N tC y V Q' .a V) u Z LU c ce aU ° 3 v z V) U w 0 .0 vi 2 3 V d U o V] O y Q N o cn cl °" oa w N 0 V U U to CO O � 0. i/i Q d Q Q U w 0 N 00 N w o M � C cam b a 'moo Q Q 0 N T O U cd 0 0 0 0 U U U U C0 3 o ° c 00 Oo � C0 CD Cl u 0 c o 00 0 0 N 00 u o M 6s 7 69 r N W Vs O 69 L 0.! N O O � O M O O --� N M Vl 00 00 G Q O N -T \O ^� W Z LU V V) z lA a0 } 0 uN9 G 69 C G 69 M O N O O (p' d C a cn VMi •--i 0.. v1 N vl O � 00 U x N [� 00 l- 0 0 0 0 0 co M M N O 00 i u O N U Cw tp t 0 0 0 0 0 0 c d V; o r O 00 Cl W) O •Eu wa o o c� o M o 00 0 0 o 0 v o o E u o M 69 v o 00 69 0 69 0 0 N Hi 0 69 5q O to W b�9 00� csi 6N9 N 5q 69 R a v a3i a3i o a3i a3i a3i z z a z z z z L � W 0 0 N N O N O O N O O O N N O O N N O O N N y to h a' N O N O — 10 O M > > N 7! .-- r. N r. W W N N rA N M N M y y M M N N M M p Q ed C C 0. U C4 fA c F 0 U U U U a G c d 94 04 C4 y W P-i P-i V 4. V O. V W M fy. 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Fla.. is offering Canadians a fourth night free in its super -posh Club Level Suites. The suites offer s,meria, bedding, satin trimmed robes and marble bathrooms. Ixx ox rtrrx Five hotels in Florida town drop their rates for Canadians fl- ROCKS LBLRSR' Checking In The captivating vacation town of Naples, on Florida's Gulf of Mexico coast, is popping with mssible dollar deals for Cana- dian On the list below, only the Naples Grande Beech Resort is beachfront on the Gulf of Mexico. The others are in "downtown" Naples, aJk C)Id Naples,an appealing, walkable district of 50 boutiques and galleries and more than 30 restaurant. along Fifth Ave. S and Third St. S Downtown hotels are between zand three kilometres from beach, and some have shuttles. You can also hop -on and hop -cif the Naples Trolley (fees apply) Other downtown attractions am the Tin City shopping village, the Naples Princess Cruise, the Naples Botanical Garden, the Naples Zoo, Open Naples and the von Uebig Art Center. Here is the scoop on Naples's loons- lovinghotels luxurious Inn on Fifth: The He- plus -chic boutique hotel Inn on Fifth is oHe ring a fourth night trre for Canadians in its stunning Club as the Spa on Fifth, which Tons Level Suttee great packages Such asRomanc- Thu prestigious property is the ing the Slone and Chowlate epicentre ofNaples'upzcale life- Indulgence. style, with cocktails and dining The Club Level suites are at AvenueS and TrWude., as-11 luxurious aecommodatlons with WHERE •STAY TO ADVERTISE PLEASE (ALL 514987.2279 March 28, 2016 Detailed Staff Reports 11 35 of 81 rich classic - contemporary decor, IF YOU GO superior bedding, satin- trimmed robes and marble bathrooms. Pandha lased Tour rn: Th Club Level loungemasub- (Naples, Me,. Ward lime place to chill with Chain- Eserglades): 800- 6883600/ prigne and an open bar, all -day 8002ESCAPE, ParadlseCcast, refreshments and gourmet cum p ads at breakfast and cocktail TM Im on Fifth: 9118 403 hour. 8778,239 -403 -8777 -noon- G nda on the GBH: The sweeping fifth cum Fifth Ave. S Naples N."Ir,s Grande Beach Resort Is R Price. Prices fluctuate extending a 20percent discount da ly Club level suites start at to Canadians, plus a$25 per -might $999 US Marcior$559US resort credit. mAprl(mthCanadlansget - Thhresort hasitall — con- tenga fourth night frm).emlud- temporary rooms and suites, a Iing twice-daily housekeeping. gorgeous Mach club with water Club lounge. rooftop swimming sports on the Gulf. $5 Chan, pool. hot tub, shuttle around page, on Fridays, a luxurious teen when available. and spa, IS tennis courts, a scenic golf Ntmos room. No resort fee, arse and three swimming pools Without the Canadian special. — ne for adults, one for kids and delummours(nat Club L-1) ne for laps. currently start at $429 US. Pk tGmagw Naples Bay: The de- Nantes Grande Basch Basin. luxe Tuscan- inspved Naples Bay 844- 330 - 1755.239597 -3232. Resort is a full- service getaway naplesgrande.com. Canam built around a marina and eaten- nsdiscount on regular rates v, grounds, with a full- service (use code 20CA). $399 -$499 spa, four swimming pools, tennis US per day (r $169 -299 US courts and a shuttle to its own after May l): tower suites and beach area. garden villa suites cost more. Canadians are treated w a Children bee In certain rooms. 30- per -cent discount with a A$35-a-day resort fee covers three -night minimum stay Hyou Wi-Resekomediink. news - rvebellcmApH25 —it stay paper beach shuttle (ore -half before Oct. 31. kilometre). beach loungers. Spacioue a ccommodationswith bicycles. golf driving range trail rNmIdecorinclulle hot el balls. 800 and local calls. andtwo- bedroom 24 hour fitness centm and suites with kitchens, plus larger 1G- percent discount on kids' cottages with a six -night mini- club, beach sports and tennis. mum. Several dining options Naples Bay Roam: 855 include the stylish new 1500 9989302, 239 -530 -1199. SOUTH by celebrity chef Art naplesbayresortec Fifth Smith, sal to open next month. Ave. S', Canadian 30-per-cent He..".GolHbllar: The eight discount net valid March 20 motel -style efficiencies at Gondo- and 26 -30. April 29-30. May Iier Apartrnents &Inn have beans 27 -29. Sept. 34. One- bedroom home -away- from- lumefor.. - Sites start at about $250 US birds for 58 years. A Term treasure andgenerallydectease inearly that now is sarroundedbymodern- May: resort fee, S35 per day. day beach estate4Gondolier Inn is includes private beach setups offering a 20- per -cent discount to (hss than bur kilometres Canadians for visits of 28 days or away)A- Rinaletorself re, and l0- per -centodon visits parking .town /beachshut8e. of l0 days or more. four pools. hot tubs. local and The Gondolier's homespun 800 - calls. newspiper fitness apartments have new duvets, centre, Her T" tennis courts, refreshed decor with terrazzo nature path. Pet- friendly marble floors and colourful Goralhr Apartment s& Inn: beach art by Pop. Fl.nigan, plus 239- 26224858.gandoherinn. kitchens and patio. with Gaff tom. Eighth Ave. S.. Can.diam tables. Guests can u.eacommu- have discounts off regular .. barbecueandenjoyit tropical rates: until Aprl115.$170-$198 garden with orchids. The hotel US: April 16 -0ct. 151904110 supplies chairs for the Gulf beach US, including assigned parking, —a 750 -metre walls Wi -Fi. cable TV. air- condibon Handy Holiday Inn: The two- ing. year -old Holiday Inn Express & Holiday Inn Exprana Suite. Downtown Naples, will ex- & Suitaa Naples tend a discount of 15- per -cent off Dwndeem:800 HOLF Met- flexible rates. which start at DAY/800-405-4329,239- $249.99US, along withmoney -ses- 261 -3500. hiexpressemn/ ing perks such as a free breakfa.t u pleschdr1l; Canadians have bullet, free use ofbasineas centre, adiscount of 15- percent off IocalcallinndWi- Fi.A11124roams best - flexible rates, which start have mini- fridgeeand microwaves, It $249.99 US Rates change and there le an outdoor pool and daily and are least after April hot tub. 11. Until April 30. IHG loyalty Rochellese— helicoahrom membrenceiveanert2 rein, —vi hdist, eh 1,000 points on Sundays. 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E° �a•q" � o'D Vi L g 8 2 g `i'� -g. p ° m4 • �.c .3E' A o ` Z S E? n �o v • "'c �' .2 $;O`� 3 z_ - �c'$g `$ u '3 ` e� E 3W OE E� w5�?3° so, O° o a(5 °c•o� "¢z �a. a> aw °c_ A � 3'.�0. '2 ,ea` 2� ._ vi�v 3 � � �"' � ��• ra C fa L L 1a i r� .ro ra 4-J Ln W L N ra u g N 0e ,0* a 3 iO x �e3 u D F � g S WD�o$ga 2E'coro .t E_� W E�a5 E E"" LR' c a S E 2 oaga3?Q��a2� °a�o�t W fa Z - s " deara Wrv��AR�S�st u�oo� O O O z � a = W JU a - 2 U � q & O 3 o � - E 3 8 O g N 0e ,0* a 3 iO x �e3 u D F � g S WD�o$ga 2E'coro .t E_� W E�a5 E E"" LR' c a S E 2 oaga3?Q��a2� °a�o�t W fa Z - s " deara Wrv��AR�S�st u�oo� March 28, 2016 Detailed Staff Reports 11 43 of 81 The happiest, healthiest city in the US is... r 4 hours ago A. Pawlowski TODAY It has a Fifth Avenue, lots of shopping and a hot real estate market, but the country's healthiest and happiest city is nowhere near the Big Apple. Naples, Florida, and the nearby communities of Marco Island and Immokalee top the Gallup - Healthways State of American Well - Being: 2015 Community Rankings list released on Tuesday. The report measures how residents of 190 U.S. cities feel about their physical health, social ties, financial security, community and sense of purpose. "Naples is a high well -being place," Dan Witters, research director of the Gallup - Healthways Well -Being Index, told TODAY. "People in Naples really like their communities." Residents there have the lowest levels of stress in the country, report little depression and eat healthy on a daily basis, the report found. Many of them like their daily activities and enjoy an intellectually lively culture, telling interviewers they learn or do something interesting every day. It doesn't hurt that the city is affluent, Witters said. But while well -being goes up with income, it's not beholden to it, he added. The top five U.S. communities with the highest well -being are: 1. Naples - Immokalee -Marco Island, Florida 2. Salinas, California 3. North Port- Sarasota - Bradenton, Florida 4. Fort Collins, Colorado 5. Barnstable Town, Massachusetts "Take your pick," Witters said. "They don't take very good care of themselves... It's a low well -being place, as is West Virginia generally." The state scored last in the 2015 Gallup - Healthways Well -Being Index released last month. Smoking is "through the roof' in Charleston, with 32 percent of adults there revealing they smoke — the highest rate in the nation, he noted. Many of the city's residents are obese and seldom exercise. Many are depressed. They also worry about money: food and health care insecurity is "crazy high," with about a quarter of the city's residents reporting they couldn't afford food or a doctor's visit in the last 12 months, Witters said. March 28, 2016 Detailed Staff Reports 11 44 of 81 The five communities at the bottom of the list are: 186. Chico, California 187. Huntington - Ashland, West Virgina- Kentucky -Ohio 188. Hickory- Lenoir - Morganton, North Carolina 189. Fort Smith, Arkansas - Oklahoma 190. Charleston, West Virginia "These rankings — it's never about picking on somebody. It's never about trying to embarrass a community," Witters said. "What we are really hoping, and the reason we release these rankings, is that it serves as a call to action; that it lights a little fire under the toes of the communities that are low on the list." The results are based on phone interviews with more than 353,000 Americans in 2014 and 2015. Some more findings: The Big Four If you're looking for a new city to call home, you may want to circle Florida, California, Colorado and Texas on your map. These four states account for 14 of the top 20 well -being communities in the report. Happy in Honolulu Honolulu has the fewest residents who have been diagnosed with depression during their lifetimes. The city with the highest stress level is... Bellingham, Washington. Some 53 percent of adults there report high levels of stress on any given day. In comparison, only 30 percent of adults in Naples say they're stressed out. Follow A. Pawlowski on Google+ and Twitter. C.0 �rao ° = o CL v N N L U � O a) O a) C 0 41 m W 2, d lD ri N N � M lD I- M l0 c-i O M I'D I O N O N l0 O N V O O U U U �_ co ca L L ry (B N a) cu w -0 4— O i aJ $ a) 3 O a) 3 O N Q) N U O O E L OL aJ aJ 0 Q) W 0 c 06 a, ? i O ^ L o Y ca � cv Q L ca rcco i to > O (B L 3 a! 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E ' ƒ CU } § f \ $ CL f E ± E / 7 = f E _ R F 7 � 2 c a = 0�£ u Q> %\ ®§ cL E R 2ƒ \ § 2 u % 0 � C« 2 2@ k }) 3 m > 2 0 2 m 2 c s @ k to 2& 0ƒ 13 E / > § / m / / « $ S k E� % aƒ _ cm / % = f > E 7% b) f E { 2 \ a°" 5 2 7 ® Ln 3 O \ 2: r \ 2 o o o$® I $ 2 ® E G 10 § o@§ m E/ y° c/ _ §= o z >> o ® a\ __ c k e e ±$ 341 3 c 2 j k 7 E$ q m ° \ -� #° w L 7 %\ m e = > 2 O w > q A o I I B � y a m u (0-- - -00 N O CN a� N N L (6 N C ,Y^ L VJ a) _co Qi Q% V) V) Vf Vf Vf C O 0 4,, O O = C O N 4 Y 0 m O m O co O (6 O [6 v a-, CO L Y N V� •� L -0 Q iO >� = L •L M U 4, •L m U it N U +d •L t6 U a� •L M U Y `6 = N a 3 L 3 L L 3 L 3 L 3 L O _ N v V v-0 L w tw o °Q N o o 4- Y ° 4O N m� O E Q ° o L 3 N 3 N 3 3 N 3 ra r O 4 U m L 4-, L N N N-0 N N i O O O N �= m ut O 0 0 0 Vf OA C N N �C �p V1 �C N w Y (0 VI f0 Vf � L " �p N 2 N O E of Q O ±+ L O V p� L O 0 L 0 0 L O N L O N CL =o L Y_ O v >_ 3 a) 0 3 x 0 3 °' 0 3 °J o 3 °' o i� dD _v C O O. v i Q +.+ Q O_ O_ L O_ Q L O O •L Q M Vf m -0 N t U 3 O O u Vi � LA 0 M �` ut � M V. >- Vt N M >` H N m N >` w N N C C Z N � i " w N -0 U N-0 U N-0 u N_0 U w_0 U v Q 7 Q Y N L.L " = Q VI I O O L L O L L O L L O L L O L L N J 4w m T = J f6 Z', 0 L Q (O O S G O 2 V) — O to +, M O w ,�••� M O Vf +, M O N +, m-- O N +, (6 02/29/2016 March 28, 2016 Detailed Staff Reports 11 65 of 81 Naples, Marco Island, Everglades CVB Call Summary by Toll Free Number For the month of February 2016 Toll Free Number # of Calls Minutes 800- 2ESCAPE (800- 237 -2273) 9 24.97 PR- Editorial (800- 688 -3600) 23 70.75 Film Commission (800- 349 -5770) 0 0.00 International (239- 225 -1013) 8 37.68 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: 40 133.40 Phase V of Southwest Florida Page 1 of 17 02/29/2016 March 28, 2016 Detailed Staff Reports 11 66 of 81 Naples, Marco Island, Everglades CVB Inquiry Summary by Purpose For the month of February 2016 Purpose Calls /Request Minutes Live Information 17 47.90 Special Fulfillment 166 0.00 Guide Request 1,211 87.87 CVB Office Referral 5 16.80 Hang up 0 0.00 Wrong Number 0 0.00 eNewsletter Signup 1,719 0.00 Golf E -blast 0 0.00 Meeting Planner 0 0.00 Grand Total: 3,118 152.57 Phase V of Southwest Florida Page 2 of 17 02/29/2016 March 28, 2016 Detailed Staff Reports 11 67 of 81 Naples, Marco Island, Everglades CVB Guide Request Summary by Guide For the month of February 2016 Guide # of Requests Quantit Area Map 9 90 GAP Brochure 1 1 Letter Openers 1 1 Meeting Planner Kit 2 2 Rack Brochure (Portuguese) 6 6 Rack Brochure (Spanish) 4 4 Visitor's Guide (English) 1197 1452 Visitor's Guide (German) 8 8 Grand Total: Unigue requests for guides: Phase V of Southwest Florida Page 3 of 17 1228 1564 1211 02/29/2016 March 28, 2016 Detailed Staff Reports 11 68 of 81 Naples, Marco Island, Everglades CVB Guide Request Summary by Source For the month of February 2016 Phase V of Southwest Florida Page 4 of 17 Current Year Last Year Source Month YTD % YTD Month YTD % YTD Consumer Shows 0 0 0.00% 0 0 0.00% Group Markets 0 0 0.00% 0 50 0.64% International Markets 0 2 0.02% 0 0 0.00% Leisure Markets 1,138 7,731 95.97% 746 6,039 77.08% Meeting Planners 2 4 0.05% 3 99 1.26% Meetings 0 10 0.12% 129 0 0.00% Miscellaneous 8 55 0.68% 17 122 1.56% Newspaper 0 0 0.00% 0 0 0.00% Niche Markets 63 253 3.14% 7 1,521 19.41% Spring /Summer In -State Campaign 0 1 0.01% 0 0 0.00% Travel Agents 0 0 0.00% 0 4 0.05% Grand Total: 1,211 8,056 902 7,835 * YTD = Fiscal Year to Date Phase V of Southwest Florida Page 4 of 17 02/29/2016 March 28, 2016 Detailed Staff Reports 11 69 of 81 Naples, Marco Island, Everglades CVB Request Summary by International Markets For the month of February 2016 Media United Kingdom Travel Trade Gazette February 2011 # of Requests 0 YTD 2 United Kingdom 0 2 Grand Total: 0 2 *YTD = Fiscal Year to Date Phase V of Southwest Florida Page 5 of 17 % YTD 100.00% 100.00% 02/29/2016 March 28, 2016 Detailed Staff Reports 11 70 of 81 Naples, Marco Island, Everglades CVB Request Summary by Leisure Markets For the month of February 2016 Media Consumer Directories 2010 Naples, Marco Island & the Everglades Visitors Guide 2010 Visit Florida Magazine 2011 Naples, Marco Island & the Everglades Visitors Guide 2013 Florida Insider Guide - Quick Check 2013 VISIT FLORIDA Magazine - Quick Check 2014 Visit Florida Magazine - Quick Check 2014 Visit Florida Magazine - Specific Target 2015 Visit Florida Magazine - Quick Check 2015 Visit Florida Magazine - Specific Target 2016 VISIT FLORIDA Magazine - Quick Check 2016 VISIT FLORIDA Magazine - Specific Target Consumer Directories Consumer E- Marketing Destination Brochures.com Other /Unknown ParadiseCoast.com ParadiseCoast.com/Newsletter VisitFlorida.com Consumer E- Marketing Consumer Magazines AAA Florida TourBook 2009 Edition Hearst Food Network May 2015 Other /Unknown Undiscovered Florida 2015 Consumer Magazines Consumer Newspaper Other /Unknown Visit Florida In -State Insert Fall 2015 Miles Media Imports Phone Interactive Text Chat WEBSITE Phase V of Southwest Florida Page 6 of 17 # of Requests YTD % YTD 0 1 4 6 2 5 2 3 1 3 1 3 0 2 68 485 42 259 228 229 107 108 455 1104 2 3 1 3 678 2486 677 2478 1 4 0 1 0 3 0 1 0 1 681 2494 1 3 0 8 1 4 0 429 2 444 0.09% 0.54% 0.45% 0.27% 0.27% 0.27% 0.18% 43.93% 23.46% 20.74% 9.78% 14.28% 0.12% 0.12% 99.68% 99.36% 0.16% 0.04% 0.12% 0.04% 0.04% 32.26% 0.68% 1.80% 0.90% 96.62% 5.74% 0 1 0.03% 0 3688 99.97% 02/29/2016 March 28, 2016 Detailed Staff Reports 11 71 of 81 Naples, Marco Island, Everglades CVB Request Summary by Leisure Markets For the month of February 2016 Media Consumer Newspaper # of Requests YTD % YTD 3689 47.72% Grand Total: 1,138 7731 *YTD = Fiscal Year to Date Phase V of Southwest Florida Page 7 of 17 02/29/2016 Media ParadiseCoast.com /Meetings Grand Total: "YTD = Fiscal Year to Date March 28, 2016 Detailed Staff Reports 11 72 of 81 Naples, Marco Island, Everglades CVB Request Summary by Meeting Planners For the month of February 2016 Phase V of Southwest Florida Page 8 of 17 # of Requests YTD % YTD 2 4 100.00% 4 02/29/2016 March 28, 2016 Detailed Staff Reports 11 73 of 81 Naples, Marco Island, Everglades CVB Request Summary by Meetings For the month of February 2016 Media # of Requests YTD % YTD Group Markets - Bridal /Sports Bridal Guide March /April 2015 0 10 100.00% Group Markets - Bridal /Sports 0 10 100.00% Grand Total: 0 10 *YTD = Fiscal Year to Date Phase V of Southwest Florida Page 9 of 17 02/29/2016 March 28, 2016 Detailed Staff Reports 11 74 of 81 Naples, Marco Island, Everglades CVB Request Summary by Miscellaneous For the month of February 2016 Media # of Requests YTD % YTD CVB Bulk Mail Request 1 6 11.32% CVB Office 0 1 1.89% Friend /Relative 3 20 37.74% Other /Unknown 3 26 49.06% Travel Agent TCTIA FAM October 2011 1 2 100.00% Travel Agent 1 2 3.64% Grand Total: 8 55 "YTD = Fiscal Year to Date Phase V of Southwest Florida Page 10 of 17 02/29/2016 March 28, 2016 Detailed Staff Reports 11 75 of 81 Naples, Marco Island, Everglades CVB Request Summary by Niche Markets For the month of February 2016 Media Niche Markets (Bridal /Honeymoon) Bridal Guide March /April 2015 Bridal Guide March /April 2016 # of Requests 0 Niche Markets (Bridal /Honeymoon) 60 Niche Markets (ECO) Audubon May /June 2015 0 Audubon September /October 2015 3 Niche Markets (ECO) 3 Niche Markets (Golf) Play Florida Golf 2016 0 Niche Markets (Golf) 0 Niche Markets (Senior) AAA Going Places South May /June 2011 0 YTD 1 134 135 % YTD 0.74% 99.26% 53.36% 32 28.57% 80 71.43% 112 44.27% 5 100.00% 5 1.98% 1 Niche Markets (Senior) 0 1 Grand Total: 63 253 *YTD = Fiscal Year to Date Phase V of Southwest Florida Page 11 of 17 100.00% 0.40% 02/29/2016 March 28, 2016 Detailed Staff Reports 11 76 of 81 Naples, Marco Island, Everglades CVB Request Summary by Spring /Summer In -State Campaign For the month of February 2016 Media # of Requests YTD % YTD Other /Unknown TV Campaign Other /Unknown 0 1 100.00% Other /Unknown TV Campaign 0 1 100.00% Grand Total: 0 1 "YTD = Fiscal Year to Date Phase V of Southwest Florida Page 12 of 17 02/29/2016 March 28, 2016 Detailed Staff Reports 11 77 of 81 Naples, Marco Island, Everglades CVB Guide Request Summary by State For the month of February 2016 Phase V of Southwest Florida Page 13 of 17 Current Year Last Year State Month YTD % YTD Month YTD % YTD Florida 138 4,262 56.71% 88 477 15.21% Illinois 84 274 3.65% 40 184 5.87% New York 82 251 3.34% 56 239 7.62% Ohio 82 239 3.18% 54 211 6.73% Pennsylvania 66 218 2.90% 53 174 5.55% Michigan 52 172 2.29% 29 148 4.72% New Jersey 40 170 2.26% 37 118 3.76% Georgia 26 144 1.92% 16 60 1.91% Minnesota 41 137 1.82% 27 97 3.09% Wisconsin 43 135 1.80% 35 154 4.91% Indiana 37 126 1.68% 25 102 3.25% Texas 37 120 1.60% 31 92 2.93% Massachusetts 33 110 1.46% 19 75 2.39% California 13 89 1.18% 23 78 2.49% Missouri 30 83 1.10% 18 58 1.85% Virginia 21 82 1.09% 17 77 2.46% Maryland 16 80 1.06% 15 68 2.17% Tennessee 28 77 1.02% 24 65 2.07% North Carolina 23 74 0.98% 24 82 2.61% Connecticut 17 73 0.97% 12 48 1.53% Kentucky 28 60 0.80% 7 37 1.18% Iowa 13 47 0.63% 18 64 2.04% Colorado 10 41 0.55% 11 40 1.28% Alabama 14 36 0.48% 9 25 0.80% South Carolina 11 36 0.48% 8 41 1.31% Arizona 11 26 0.35% 1 8 0.26% Arkansas 8 26 0.35% 7 19 0.61% Mississippi 8 26 0.35% 5 14 0.45% Oklahoma 10 24 0.32% 10 21 0.67% Kansas 4 23 0.31% 9 26 0.83% Phase V of Southwest Florida Page 13 of 17 02/29/2016 March 28, 2016 Detailed Staff Reports 11 78 of 81 Naples, Marco Island, Everglades CVB Guide Request Summary by State For the month of February 2016 Phase V of Southwest Florida Page 14 of 17 Current Year Last Year State Month YTD % YTD Month YTD % YTD Louisiana 8 21 0.28% 8 20 0.64% Washington 4 21 0.28% 4 22 0.70% New Hampshire 4 20 0.27% 2 19 0.61% North Dakota 5 20 0.27% 2 8 0.26% Nebraska 9 19 0.25% 6 16 0.51% Maine 4 18 0.24% 11 19 0.61% West Virginia 10 18 0.24% 4 17 0.54% Delaware 2 17 0.23% 4 15 0.48% Rhode Island 7 15 0.20% 4 11 0.35% Oregon 5 14 0.19% 8 23 0.73% Nevada 4 11 0.15% 1 9 0.29% South Dakota 5 11 0.15% 0 8 0.26% Utah 3 10 0.13% 2 3 0.10% Montana 5 8 0.11% 1 7 0.22% New Mexico 2 7 0.09% 6 9 0.29% Idaho 0 5 0.07% 1 1 0.03% Vermont 0 4 0.05% 0 6 0.19% 3 3 0.04% 0 0 0.00% District of Columbia 1 3 0.04% 1 2 0.06% Hawaii 2 3 0.04% 0 4 0.13% Puerto Rico 1 3 0.04% 4 6 0.19% Alaska 0 2 0.03% 3 6 0.19% Wyoming 1 1 0.01% 1 2 0.06% Armed Forces 0 0 0.00% 0 0 0.00% Virgin Island 0 0 0.00% 0 1 0.03% Grand Total: 1,111 7,515 801 3,136 YTD = Fiscal Year to Date Phase V of Southwest Florida Page 14 of 17 02/29/2016 March 28, 2016 Detailed Staff Reports 11 79 of 81 Naples, Marco Island, Everglades CVB Guide Request Summary by Country For the month of February 2016 Phase V of Southwest Florida Page 15 of 17 Current Year Last Year Country Month YTD % YTD Month YTD % YTD USA 1,111 7,515 93.28% 801 3,136 88.24% No Address Given 21 237 2.94% 24 62 1.74% Canada 32 133 1.65% 32 148 4.16% United Kingdom 15 52 0.65% 17 78 2.19% Germany 7 25 0.31% 8 48 1.35% Brazil 4 17 0.21% 0 7 0.20% France 1 9 0.11% 2 8 0.23% Argentina 1 7 0.09% 1 7 0.20% Netherlands 4 7 0.09% 1 10 0.28% Sweden 1 6 0.07% 1 3 0.08% Australia 0 5 0.06% 0 2 0.06% Belgium 2 5 0.06% 3 7 0.20% Norway 1 4 0.05% 0 1 0.03% Italy 1 3 0.04% 2 4 0.11% Switzerland 0 3 0.04% 1 2 0.06% Algeria 1 2 0.02% 0 0 0.00% Estonia 1 2 0.02% 0 0 0.00% Finland 2 2 0.02% 0 1 0.03% Ireland 1 2 0.02% 0 1 0.03% Serbia And Montenegro 0 2 0.02% 0 3 0.08% Afghanistan 0 1 0.01% 0 0 0.00% Antigua And Barbuda 0 1 0.01% 0 0 0.00% Austria 1 1 0.01% 1 4 0.11% Can 1 1 0.01% 0 0 0.00% Denmark 0 1 0.01% 0 1 0.03% Ghana 0 1 0.01% 0 0 0.00% India 0 1 0.01% 0 1 0.03% Indonesia 0 1 0.01% 0 0 0.00% Israel 0 1 0.01% 0 1 0.03% Korea, Republic Of 0 1 0.01% 0 0 0.00% Malaysia 0 1 0.01% 0 1 0.03% Phase V of Southwest Florida Page 15 of 17 02/29/2016 March 28, 2016 Detailed Staff Reports 11 80 of 81 Naples, Marco Island, Everglades CVB Guide Request Summary by Country For the month of February 2016 Phase V of Southwest Florida Page 16 of 17 Current Year Last Year Country Month YTD % YTD Month YTD % YTD Martinique 1 1 0.01% 1 1 0.03% Mexico 0 1 0.01% 0 0 0.00% Nigeria 0 1 0.01% 0 0 0.00% Trinidad And Tobago 1 1 0.01% 0 0 0.00% Turkey 1 1 0.01% 1 1 0.03% United States Minor Outlying 1 0 1 0.01% 0 0 0.00% Uruguay 0 1 0.01% 0 0 0.00% American Samoa 0 0 0.00% 1 1 0.03% Czech Republic 0 0 0.00% 0 2 0.06% Greece 0 0 0.00% 0 1 0.03% Japan 0 0 0.00% 1 1 0.03% Luxembourg 0 0 0.00% 0 1 0.03% Morocco 0 0 0.00% 2 2 0.06% Poland 0 0 0.00% 1 1 0.03% Portugal 0 0 0.00% 0 1 0.03% South Africa 0 0 0.00% 0 1 0.03% Spain 0 0 0.00% 1 4 0.11% Ukraine 0 0 0.00% 0 1 0.03% Grand Total: 1,211 81056 902 3,554 YTD = Fiscal Year to Date Phase V of Southwest Florida Page 16 of 17 02/29/2016 March 28, 2016 Detailed Staff Reports 11 81 of 81 Naples, Marco Island, Everglades CVB Special Fulfillment Requests by Category For the month of February 2016 Media Meeting Planners AV and Production Companies Webinar August 2015 Florida State Association 2015 LMS Texas February 2016 Meeting Planners Post Card PYM Q3 December 2015 Post Card Month YTD % YTD 0 108 16% 0 399 58% 166 166 24% 166 673 98% 0 17 2% 0 17 2% Grand Total: 166 690 " YTD = Fiscal Year to Date Phase V of Southwest Florida Page 17 of 17